HomeMy WebLinkAboutContract 42050CITY SECRETARY: tm
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NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
CLEAN FLEE T S NORTH TEXAS RECOVERY ACT PROJECT
Program Implementation
AGREEMENT COVPR SHEET
TYPE OF AGREEMENT: Clean Fleets North Texas Recovery Act Project
P ROJECT NUMBER: ARRA-CFNT-07
C F DA#: 81.041
N OTICE TO PROCEED DATE: Date of Notice to Proceed
AGREEMENT PERIOD: Date of Notice to Proceed through October 31, 2011
MAXIMUM REIMBURSEMENT: $259,910
fl ORIGINAL
FUNDING SOURCE: Transportation Energy Efficiency Alternative Fuels and Technology Stimulus
Grant Program
N CTCOG
N orth Central Texas Council of Governments
616 Six Flags Drive, Suite 200, Centerpoint Two
P .O Box 5888
Arlington, Texas 76011
Performing Party
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
City of Fort Worth
Project No. ARRA-CFNT-07
RECEIVED
JUL 14 2011
TRANSPORTATION
1
Contacts
Project Manager:
Carrie Reese
Program Manager
817-608-2353
creese a(�nctcoa.ora
Staff Contact:
Lori Clark
Sr. Transportation Planner
817-695-9232
Iclark(a�nctcoa.ora
Agreement Administrator:
Anne Marie Stowe
Grants and Contracts Coordinator
817-695-9145
astowe(d nctcoa.orc
Agreement Coordinator
Susan Alanis
Assistant City Manager
1000 Throckmorton
Fort Worth, Texas 76102
OFFS
CITY SECRETARY
Ft WORTH, TX
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Clean Fleets North Texas Recovery Act Project
THIS AGREEMENT is entered by and between the North Central Texas Council of Governments
(NCTCOG) and the City of Fort Worth (PERFORMING PARTY). The NCTCOG enters into this
Agreement with the PERFORMING PARTY pursuant to and as authorized by the Comptroller's State
Energy Program (SEP) for the administration of the State Energy Conservation Office (SECO)
American Recovery and Reinvestment Act (ARRA) grant funds through the Clean Fleets North Texas
Recovery Act Project.
The NCTCOG and the PERFORMING PARTY, in consideration of the mutual covenants hereinafter
set forth agree as follows:
ARTICLE 1. PURPOSE
1 1 Funding Assistance. The purpose of this Agreement is to provide funding to assist the
PERFORMING PARTY in implementing the Grant Activities, as defined in Article 2.
1.2 Scope of Service. The PERFORMING PARTY covenants and represents to NCTCOG that
the PERFORMING PARTY will implement or perform tasks as provided for in the Appendix A
hereinafter referred to as the ' SCOPE" Tasks, as defined in the SCOPE, refer to a set of actions
the PERFORMING PARTY must accomplish. Scope Activities, as defined in the SCOPE, relate to
the individual vehicle purchase, alternative fuel vehicle conversion, and/or refueling/recharging
infrastructure projects that were identified in the PERFORMING PARTY'S Application and approved
for implementation, including annual usage requirements as applicable. A unique identifier, the
"Scope Activity Number'', will be used for reporting and requesting reimbursements.
1.3 Emissions Reductions. The PERFORMING PARTY agrees that emissions reductions
provided by each Scope Activity shall be used by NCTCOG to meet air quality requirements and
goals The PERFORMING PARTY may not utilize emissions reductions to satisfy other air quality
commitments
ARTICLE 2. GRANT ACTIVITIES
2.1 Scope Activities. The PERFORMING PARTY shall purchase vehicles, complete alternative
fuel conversions, and/or install refueling/recharging infrastructure as provided for in the SCOPE.
Changes to the SCOPE shall not constitute a modification but must be agreed to by both parties, in
writing. Changes to the SCOPE do not require amendment to the Agreement however the SCOPE
as defined in Appendix A must be updated. The PERFORMING PARTY may enter into an
agreement with a subcontractor vendor or other lower -tier contractor to complete the Scope
Activities. For the purposes of this Agreement any lower -tier contractor or vendor performing services
under agreement with the PERFORMING PARTY shall hereinafter be referred to as "Contractor."
2.2 Activity Life. The PERFORMING PARTY will own, and/or lease, and operate the grant
funded vehicles and/or refueling/recharging infrastructure for the duration of NCTCOG approved
Activity Life as identified in the SCOPE.
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2.3 Geographic Location. The PERFORMING PARTY agrees that annual operation of vehicles
funded under this Agreement must occur within the geographic area as described in the SCOPE, and
primarily within the North Texas ozone nonattainment counties which currently include Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties. The PERFORMING
PARTY will install and operate refueling/recharging infrastructure within the North Texas ozone
nonattainment counties of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and/or
Tarrant as identified in the SCOPE.
2.4 National Environmental Policy Act (NEPA) Requirements. The PERFORMING PARTY
shall comply with the National Environmental Policy Act, 42 U.S.C. §§4321 et. seq "NEPA" and shall
not take any action that will have an adverse environmental impact (e.g. physical disturbance of a site
such as breaking of ground) or limit the choice of reasonable alternatives until either a NEPA
clearance or final NEPA decision is provided by the National Energy Technology Laboratory (NETL)
NEPA compliance Officer. If American Recovery and Reinvestment Act (ARRA) grant funds are used
for the purchase of equipment for new alternative fuel(s) refueling/recharging stations and/or purchase
of equipment for retrofits of existing refueling/recharging stations, The PERFORMING PARTY shall
provide additional project information and if requested, shall prepare or provide any assistance
necessary, through NCTCOG, to assist SECO in the preparation of any required Environmental
Impact Statements or other environmental documentation.
2.5 Signage. The PERFORMING PARTY agrees to place a label or sticker on funded vehicles
and/or infrastructure upon request by NCTCOG indentifying it as part of an ARRA award and/or
utilizing an alternative fuel or advanced technology
2.6 Publications. The PERFORMING PARTY is encouraged to publish or otherwise make
publicly available the results of the work conducted under this Agreement. An acknowledgement of
Federal support and a disclaimer must appear in the publication of any material, whether copyrighted
or not, based on or developed under this Agreement as follows:
2.6.1 Acknowledgment: "This material is based upon work supported by the Department of
Energy under Award Number(s) DE-EE0000116."
2.6.2 Disclaimer. "This report was prepared as an account of work sponsored by an agency
of the United States Government. Neither the United States Government nor any agency
thereof nor any of their employees makes any warranty, express or implied, or assumes any
legal liability or responsibility for the accuracy, completeness, or usefulness of any information,
apparatus, product, or process disclosed, or represents that its use would not infringe privately
owned rights. Reference herein to any specific commercial product, process or service by
trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its
endorsement, recommendation, or favoring by the United States Government or any agency
thereof. The views and opinions of authors expressed herein do not necessarily state or
reflect those of the United States Government or any agency thereof."
ARTICLE 3. REIMBURSEMENT
3.1 Award Amount. The NCTCOG will reimburse the PERFORMING PARTY's eligible costs of
implementing Task(s) as outlined in the SCOPE under the conditions in this Agreement not to exceed
the maximum Award Amount of two hundred fifty-nine thousand, nine hundred ten and 00/100
dollars ($259,910). The maximum Award Amount is not a guarantee of payment. The actual amount
of reimbursement may be less than the maximum Award Amount and will be determined under the
conditions of this Agreement.
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Project No ARRA-CFNT-07
3.2 Eligible Costs. Eligible and allowable expenses are limited to costs determined by the
NCTCOG in its sole discretion as eligible costs necessary for Tasks and Scope Activities as identified
in the SCOPE and cost principles established in OMB Circular A-87, including, but not limited to:
vehicle, conversion, and infrastructure purchase and installation costs.
3.3 Funding Cap. Reimbursement for grant activities shall be limited to the Incremental Cost as
defined in Article 3.4 and Cost Share as defined in Article 3 5, not to exceed the following:
3.3.1 Light Duty Vehicle purchase/lease, 80% of the incremental cost, not to exceed $4,000;
3.3.2 Medium and Heavy Duty Vehicle purchase/lease, 80% of the incremental cost, not to
exceed $8,000;
3.3.3 All Vehicle conversions, up to 100% of the incremental cost; and
3.3.4 Infrastructure, up to 80% of total project cost.
3.4 Incremental Cost. As applicable, subject to the Award Amount and Funding Cap described
above, NCTCOG will reimburse the PERFORMING PARTY for the incremental cost to purchase new
Original Equipment Manufacturer (OEM) vehicles or the conversion of new and/or used conventional
vehicles to run on authorized alternative fuels. For new vehicle purchases, incremental cost shall be
calculated as the difference between the cost of the alternative fuel or advanced technology vehicle
and the cost of a comparable conventional model verified by manufacturer estimate, after all
applicable manufacturer and local/state rebates, tax credits, and cash equivalent credits are applied.
For vehicle conversions, the incremental cost shall be calculated as the cost of the new fuel system
plus installation less applicable manufacturer and local/state rebates and cash equivalent credits.
3.5 Cost Share. The PERFORMING PARTY shall support the Scope Activities by providing Cost
S hare. The Cost Share shall be defined as unreimbursed eligible costs and must be at least 20% of
the total project cost. All Cost Share must be funded from non -Federal sources unless otherwise
allowed by law and approved in advance by NCTCOG. If the PERFORMING PARTY discovers
inability to provide Cost Share of at least 20%, immediate written notice shall be provided to
N CTCOG. The PERFORMING PARTY shall maintain records of all costs, including costs claimed as
Cost Share. Such records are subject to audit. Failure to provide the required Cost Share identified
in the SCOPE may result in subsequent recovery by NCTCOG of some or all the funds provided
through this Agreement.
3.6 Decontamination & Decommissioning Costs. Notwithstanding any other provisions of this
Agreement, neither NCTCOG nor SECO shall be responsible for or have any obligation to the
P ERFORMING PARTY for Decontamination and/or Decommissioning (D&D) of any of the
P ERFORMING PARTY'S facilities, or any costs which may be incurred by the PERFORMING PARTY
in connection with the D&D of any of its facilities due to the performance of the work under this
Agreement, whether said work was performed prior to or subsequent to the execution of this
Agreement.
3.7 Request for Reimbursement. Template Request for Reimbursement forms will be provided
by NCTCOG. All reimbursement requests prepared by the PERFORMING PARTY shall be submitted
to NCTCOG, to the attention of the Agreement Administrator identified on the Agreement cover sheet
according to the date outlined in the Scope of Service. Requests for Reimbursement shall include
P ERFORMING PARTY invoice, proof of payment and applicable receipts; shall reflect the total
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Project No ARRA-CFNT-07
eligible cost; shall detail the portion of cost to be reimbursed by NCTCOG and the portion of cost
credited as Cost Share; and shall be accompanied by an Activity Information Form, which is included
in Appendix B. NCTCOG may deem a Request for Reimbursement incomplete if the data and/or
documentation are incomplete or improper, or if the PERFORMING PARTY fails to submit necessary
reports or provide other information requested by NCTCOG under the terms of this Agreement. The
NCTCOG may reject Requests for Reimbursements which fail to demonstrate that costs are eligible
for reimbursement and/or which fail to conform to the requirements of this Agreement.
3.8 Payments. Reimbursement shall be made only upon completion of a Task or Scope Activity.
A cost may not be considered incurred, and eligible for reimbursement, until the product or service
has been received, accepted, and paid for by the PERFORMING PARTY. Any reimbursement under
this Agreement shall be payable only after eligible costs are approved by NCTCOG. NCTCOG will
approve payments as soon as practicable, but not later than 45 days after a complete Request for
Reimbursement has been received Other than costs incurred pursuant to and consistent with the
Notice to Proceed dated February 1, 2011, costs incurred prior to execution of this Agreement may
not be eligible for reimbursement.
3.9 Balance of Funds. If actual costs are lower than expected and the full Award Amount is not
fully utilized, the PERFORMING PARTY may request approval from NCTCOG to use the balance of
the Award Amount in a manner consistent with the SCOPE and all requirements of this Agreement,
including Cost Share. If this situation arises, the PERFORMING PARTY will notify NCTCOG Staff
Contact and request approval as quickly as possible to ensure timely implementation.
3.10 Return of Funds. The PERFORMING PARTY agrees to return funds received from
NCTCOG for reimbursement of Tasks where the PERFORMING PARTY has failed to comply with the
requirements set forth in this Agreement including but not limited to failure to achieve vehicle or
refueling/recharging infrastructure usage commitments and/or failure to comply with reporting
requirements.
3.11 Availability of Funds. The NCTCOG will fund each Task with one-time funding from the
Comptroller's State Energy Program (SEP): State Energy Conservation Office (SECO) Transportation Energy
Efficiency Alternative Fuels and Technology Stimulus Grant Program. This Agreement and all claims,
suits, or obligations arising under or related to this Agreement are subject to and limited to the receipt
and availability of funds which are received from the funding agency by NCTCOG dedicated for the
purpose of this Agreement. There shall be no obligation whatsoever to pay for performance of this
Agreement from the monies of NCTCOG other than grant funds received by NCTCOG from SECO
for the purposes of reimbursement under this Agreement.
ARTICLE 4. TIME OF PERFORMANCE
4.1 Commencement of Service. The PERFORMING PARTY shall commence performance of
the SCOPE upon the execution of this Agreement, subject to completion of the NEPA Requirements
outlined in Article 2.4.
4.2 Deadline for Use of Funds. All Scope Activities shall be completed no later than October
31, 2011. This Agreement shall terminate upon completion of all requirements, unless otherwise
terminated by an act as identified in Article 4.3. Certain rights and obligations identified in this
Agreement shall survive termination of this Agreement.
4.3 Termination. Either party reserves the right to terminate this Agreement in whole or in part.
Notice of termination must be provided in writing, shall set forth the reasons for termination, and shall
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Project No ARRA-CFNT-07
provide for a minimum of 30 days to cure the defect. Termination is effective only in the event the
party fails to cure the defect within the period stated in the termination notice including any wntten
extensions. If the Agreement is terminated, NCTCOG shall only be liable for eligible expenses
completed before the effective date of termination. If Agreement is terminated, certain reporting
requirements identified in this Agreement shall survive termination of this Agreement. NCTCOG will
render payment upon the completion of reporting requirements. The Parties may terminate this
Agreement at any time by mutual written concurrence.
ARTICLE 5. RIGHTS
5.1 Authority. The PERFORMING PARTY shall have no authority to act for or on behalf of
NCTCOG except as expressly provided for in this Agreement; no other authority, power, use, or joint
enterprise is granted or implied. The PERFORMING PARTY may not incur any debts, obligations,
expenses, or liabilities of any kind on behalf of NCTCOG
5.2 Assignment. Without the prior written consent of NCTCOG, the PERFORMING PARTY
may not transfer or assign any rights or duties under or any interest in this Agreement.
ARTICLE 6. REPRESENTATIONS
6.1 Alteration of Original Application. The information and data provided in the original
application submitted by the PERFORMING PARTY may have been altered after original submittal to
N CTCOG to ensure that the information and calculations in the application are accurate. The
P ERFORMING PARTY hereby ratifies, adopts, and agrees to all representations in the Approved
Application and deliverables it has provided to NCTCOG during the proposal process and agrees to
give prompt written notice to NCTCOG if there is any material change in these certifications or
deliverables.
ARTICLE 7. AMENDMENTS
7.1 Agreement. This Agreement embodies all of the agreements of the parties relating to its
subject matter, and supersedes all prior understandings and agreements regarding such subject
matter
7.2 Severability. In the event any one or more of the provisions contained in this Agreement shall
be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
o r unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised
so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the
o riginal intent of the Parties
7.3 Changed Circumstance. If future federal, State, or local statute, ordinance, regulation, rule,
or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the
parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it
valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be
considered severable, and if, for any reason, any section, paragraph, or provision herein is
determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair
the operation of or otherwise affect the valid portions of this instrument.
7.4 Modifications. Modifications to this Agreement must be reviewed by all parties and agreed to
in writing.
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Project No ARRA-CFNT-07
7.5 Agreement Documents. This Agreement, including appendices and the Clean Fleets North
Texas: Recovery Act Call For Projects Guidelines and the Approved Application, which are
incorporated herein by reference, comprise the entire Agreement between NCTCOG and the
PERFORMING PARTY.
ARTICLE 8. PROCUREMENT AND PROPERTY MANAGEMENT
8.1 Preservation of open completion and government neutrality towards contractor s labor
relations on federally funded construction projects. Unless in conflict with State or local laws,
PERFORMING PARTY must ensure that bid specifications, project agreement, or other controlling
documents in construction contracts awarded pursuant to this Agreement, or pursuant to a subaward
to this Agreement, do not:
8.1.1 Require or prohibit bidders, offerors, contractors, or subcontractors to enter into or
adhere to agreements with one or more labor organizations on the same or other
related construction project(s); or
8.1.2 Otherwise discriminate against bidders, offerors, contractors, or subcontractors for
becoming or refusing to become or remain signatories or otherwise to adhere to
agreements with one or more labor organizations, on the same or other related
construction project(s).
8.1.3 The term "construction contract" as used in this provision means any contract for the
construction, rehabilitation, alteration, conversion, extension, or repair of buildings
highways, or other improvements to real property.
8.1.4 Nothing in this provision prohibits bidders, offerors, contractors, or subcontractors from
voluntarily entering into agreements with labor organizations.
8.2 Procurement Standards. The Parties shall adhere to the procurement standards established
in Title 49 CFR §18.36. The PERFORMING PARTY shall give preference in procurement programs
to the purchase of recycled products pursuant to the guidelines established in 40 CFR 247-254.
8.3 Property. Property and equipment acquired by the PERFORMING PARTY through this
Agreement shall be subject to applicable rules set forth in 10 CFR Part 600. The regulations as set
forth in 10 CFR Part 600 and the requirements of this article shall apply where such property was
acquired in whole or in part with funds provided by NCTCOG under this Agreement or where such
property was counted as Cost Share under this Agreement.
The PERFORMING PARTY agrees to utilize property and equipment funded through this Agreement
for the purposes outlined in the SCOPE and consistent with the goals and objectives of the Clean
Fleets North Texas Recovery Act Project during the Activity Life defined in the SCOPE. The
NCTCOG encourages the PERFORMING PARTY to continue to utilize property and equipment
acquired through this Agreement for the purposes outlined in the SCOPE and consistent with the
goals and objectives of the Clean Fleets North Texas Program beyond the Activity Life. At the end of
the Activity Life or upon transfer of ownership, the PERFORMING PARTY shall submit to NCTCOG a
written certification of the disposition of property and equipment funded through this Agreement. The
certification shall describe the continued use and condition of the property, fair market value,
remaining useful life of the property, and any actual or anticipated improvements to the property that
may increase the value of the property.
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The NCTCOG, at its sole discretion, shall determine if the property or equipment retains any value to
N CTCOG and/or SECO at the end of the Activity Life, consistent with 10CFR Part 600. If, at the end
of the Activity Life, the property or equipment retains no value to NCTCOG and/or SECO, the
P ERFORMING PARTY shall have no further obligation to NCTCOG and SECO with respect to the
property.
If, at the end of the Activity Life, the property or equipment retains value to NCTCOG and/or SECO,
and the property or equipment is no longer used for the purposes outlined in the SCOPE the
P ERFORMING PARTY may be required to return a portion of funding received under this Agreement
to NCTCOG, consistent with 10 CFR Part 600.
The PERFORMING PARTY agrees to provide NCTCOG reasonable information concerning the use
and condition of the property or equipment upon request.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Property Insurance. The PERFORMING PARTY must maintain sufficient property insurance
for the repair or replacement of any Scope Activity for the Activity Life as defined in the SCOPE,
unless otherwise expressly agreed upon in writing by NCTCOG
9.2 Insurance Claims. Any insurance proceeds received by or on behalf of the PERFORMING
PARTY under an insurance policy due to the damage or destruction of a vehicle, alternative fuel
conversion, or refueling/recharging infrastructure funded under this Agreement must be utilized to
repair or acquire an equivalent or better vehicle, alternative fuel conversion, or refueling/recharging
infrastructure or be paid to NCTCOG
9.3 Indemnification. To the extent authorized by law, the PERFORMING PARTY shall
indemnify, save and hold NCTCOG/Regional Transportation Council (RTC), its officials, officers, and
employees harmless from any and all actions, obligations, claims, damages, expenses, costs of any
kind, debts, negligence, and liabilities arising from, or in any way related to, acts or omissions of the
PERFORMING PARTY, its employees, volunteers, Contractors, or clientele, in the performance of, or
failure to perform under, this Agreement.
9.4 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if
the performance of any provision of this Agreement is delayed by force majeure defined as reason of
war civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion,
hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to any of those enumerated
herein, the party so obligated or permitted shall be excused from doing or performing the same during
such period of delay, so that the period of time applicable to such requirement shall be extended for a
period of time equal to the period of time such party was delayed. Each party must inform the other in
writing within reasonable time of the existence of such force majeure.
9.5 Contractual Relationship. It is understood and agreed that the relationship described in this
Agreement between the parties is contractual in nature and is not to be construed to create a
partnership of joint venture or agency relationship between the parties. Nor shall any party be liable
for any debts incurred by the other party in the conduct of such other party's business or functions.
9.6 Captions. The captions, headings, and arrangements used in this Agreement are for
convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions.
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9.7 Disputes and Remedies. The PERFORMING PARTY and the NCTCOG shall negotiate in
good faith toward resolving any disputes that arise under this Agreement This Agreement does not
limit any remedy or right under law available to a Party to enforce the terms herein.
9.8 Public Comment Process. As applicable, public meeting and public hearing notices
regarding the Tasks and Scope Activities funded through this Agreement shall be provided to
NCTCOG within five (5) days of publication Meeting minutes, summaries of communication, and
copies of written responses to public comments and questions shall be transmitted to NCTCOG Staff
Contact person as identified on the Agreement cover sheet within thirty (30) days following the
meeting.
9.9 Historic Preservation. Prior to the expenditure of Federal funds to alter any structure or site,
the PERFORMING PARTY is required to comply with the requirements of Section 106 of the National
Historic Preservation Act (NHPA), consistent with the DOE 2009 letter of delegation of authority
regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in
the National Register of Historic Places. In order to fulfill the requirements of Section 106, the
P ERFORMING PARTY must contact the State Historic Preservation Officer (SHPO), and, if
applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106 review
outlined in 36 CFR Part 800. SHPO contact information is available at the following link
http://www.ncshpo.org/find/index.htm. THPO contact information is available at the following link.
http://www.nathpo.org/map.html.
S ection 110(k) of the NHPA applies to DOE funded activities. PERFORMING PARTY shall avoid
taking any action that results in an adverse effect to historic properties pending compliance with
S ection 106.
9.10 Statement Of Federal Stewardship. PERFORMING PARTY authorizes NCTCOG to
exercise normal Federal stewardship in overseeing the project activities performed under this
Agreement. 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
9.11 Site Visits. PERFORMING PARTY authorizes NCTCOG representatives to make site visits
at reasonable times to review project accomplishments and management control systems and to
provide technical assistance if required. PERFORMING PARTY must provide reasonable access to
facilities office space, resources, and assistance for the safety and convenience of government
representatives in the performance of their duties. The NCTCOG shall perform site visits and
evaluations in a manner that does not unduly interfere with or delay the work.
9.12 Solid Waste Disposal Act Prior to the expenditure of federal funds to store, process, or
disposal of hazardous materials, PERFORMING PARTY shall comply with the Solid Waste Disposal
Act Texas Health & Safety Code Chapter 361, and Title 30, Texas Administrative Code, Chapter 335
'Industrial Solid Waste and Municipal Hazardous Waste' administered by the Texas Commission on
Environmental Quality. Sanitary or hazardous waste is defined in 40 CFR Part 260 and 30 TAC
Chapter 335 and includes, but is not limited to, old light bulbs, lead ballasts, piping, roofing material,
discarded equipment, debris, asbestos, etc. Grantee shall obtain any required permit and retain all
compliance documentation related to the project.
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9.13 Notice. All notices regarding this Agreement shall be in writing and shall be delivered to the
addresses shown below, as applicable, with a copy provided to the NCTCOG Project Manager and
the PERFORMING PARTY'S Agreement Coordinator identified on the Agreement Cover Sheet.
N CTCOG
Mailing Address:
Michael Morris, P.E.,
Transportation Director
Transportation Department
P .O. Box 5888
Arlington, Texas 76005-5888
Mailing Address:
S usan Alanis
Assistant City Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
ARTICLE 10. AUDITS AND EVALUATIONS
P hysical Address:
Michael Morris, P.E.,
Transportation Director
Transportation Department
616 Six Flags Drive
Arlington, Texas 76011
P hysical Address:
Same
10.1 Submission of Audits. As applicable, The PERFORMING PARTY shall provide NCTCOG,
for its review, a copy of any audit received as a result of policy or audits of federal and state
governments relating to the expenditure of funds under this Agreement. Such audits shall include or
be accompanied by any applicable audit management letter issued and applicable responses to the
auditor's findings and recommendations. All audits shall be submitted to NCTCOG within thirty (30)
days of receipt of each issued report.
10.2 Single Audit Act. As applicable, the PERFORMING PARTY shall comply with the
requirements of the Single Audit Act of 1984, P.L. 98-502 ensuring that the single audit report
includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000, and stipulated
in OMB Circular A-133 after August 31, 2000.
10.2.1 Recovery Act Expenditures. As applicable and if covered by the Single Audit Act
Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and
Non -Profit Organizations, ' the PERFORMING PARTY agrees to separately identify the
expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of
Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-
133. This shall be accomplished by identifying expenditures for Federal awards made under
the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the
SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the
Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC.
10.3 Capital Assets and Usage Records. The PERFORMING PARTY shall authorize NCTCOG,
SECO, or their designees to inspect, with or without notice vehicles, alternative fuel conversions,
and/or infrastructure, including usage records, purchased by the PERFORMING PARTY with funds
provided for under this Agreement.
10.4 Financial Records. The PERFORMING PARTY understands that acceptance of funds under
this Agreement acts as acceptance of the authority of NCTCOG, SECO, or their designees to conduct
an audit or investigation in connection with those funds. The PERFORMING PARTY further agrees to
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Project No ARRA-CFNT-07
cooperate fully with NCTCOG, SECO, or their designees in the conduct of an audit or investigation,
including providing all records requested. The PERFORMING PARTY will ensure that this clause
concerning the authority to audit funds received indirectly by Contractors through the PERFORMING
PARTY and the requirement to cooperate is included in any subcontract it awards under this
Agreement. The PERFORMING PARTY will include in all subcontracts for work under this
Agreement a requirement that Contractors will provide access to all relevant financial records
including bank statements
ARTICLE 11 - ACCESSIBILITY AND MAINTENANCE OF RECORDS
11.1 Maintenance. The PERFORMING PARTY shall maintain a record keeping system for all of its
activities, including program records and financial management records, which support and document
all expenditures of funds made under this Agreement, in accordance with federal regulations state
rules, and the Agreement. This section shall not be interpreted to require maintenance of multiple
exact duplicate copies of any record or document.
11.2 Retention. All records must be maintained for a minimum of five (5) years following the
expiration of the Activity Life as described in the SCOPE In the event that any litigation or claim is still
pending upon the expiration of the Activity Life, these records shall be retained until resolution of the
litigation or claim NCTCOG, SECO, and their duly authorized agents shall have access to all records
that are directly applicable to this Agreement for the purpose of making audit examinations.
ARTICLE 12 - REPORTS
12.1 Reporting The PERFORMING PARTY shall provide NCTCOG with all reports detailed in
the SCOPE. In addition, upon NCTCOG's request, the PERFORMING PARTY shall provide
information pertaining to the Tasks and Scope Activities as identified in the SCOPE.
12.1.1 Monthly Project Status Report The PERFORMING PARTY shall submit Monthly
P roject Status Reports to NCTCOG for the duration of this Agreement using the template
provided in Appendix C The Monthly Project Status Report is due by the 20th day of the
month. The Monthly Project Status Report may be submitted by fax, email or traditional mail
to the Agreement Administrator identified on the Agreement Cover Sheet.
12.1.2 Quarterly Usage Reporting. The PERFORMING PARTY shall submit a Quarterly
U sage Report to NCTCOG due by the 15tt' day of the first month following the end of the
quarter (January 15; April 15; July 15; and October 15) for the duration of the Activity Life, on-
line or by fax, email, or traditional mail to the Staff Contact identified on the Agreement Cover
S heet.
12.1.3 Certified Payroll Records. Pursuant to the Davis -Bacon Act, if the SCOPE of this
Agreement includes infrastructure activities which require construction, alteration, or repair
activities exceeding $2,000, the PERFORMING PARTY shall submit weekly certified payroll
records to NCTCOG for each week that applicable work is performed. Certified Payroll Records
are applicable to work being performed by use of an outside contractor. If work is performed by
the PEFORMING PARTY's internal work force, Certified Payroll Records are not required. If
applicable, Certified Payroll Records shall be submitted by traditional mail or hand -delivered to
the Agreement Administrator identified on the Agreement Cover Sheet using the template
provided in Appendix H. Certified Payroll Records must include original signatures and are due
by 5:00 P.M. on Friday of the following week.
City of Fort Worth 11
Project No ARRA-CFNT-07
ARTICLE 13 - ASSURANCES
13.1 Equal Employment Opportunity. The PERFORMING PARTY and Contractors must be in
compliance with E.O. 11246, `Equal Employment Opportunity," as amended by E.O. 11375
`Amending Executive Order 11246 Relating to Equal Employment Opportunity " and as supplemented
by regulations at 41 CFR part 60 "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The PERFORMING PARTY and its Contractors
shall not discriminate against any employee or applicant for employment because of race, religion,
color, sex or national origin. The PERFORMING PARTY and its Contractors shall take affirmative
actions to ensure that applicants are employed, and that employees are treated, during their
employment, without regard to their race, religion, color, sex or national origin. Such actions shall
include, but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
13.2 Nondiscrimination on the Basis of Disability. The PERFORMING PARTY agrees that no
otherwise qualified disabled person shall, solely by reason of his disability, be excluded from
participation in, be denied the benefits of, or otherwise be subject to discrimination. The
P ERFORMING PARTY shall ensure that all fixed facility construction or alteration and all new
equipment funded through this Agreement comply with applicable regulations regarding
N ondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from
Federal Financial Assistance, set forth in 49 CFR, Part 27 and any amendments thereto.
13.3 Drug -Free Workplace. The PERFORMING PARTY and Contractors must comply with drug -
free workplace requirements in Subpart B of 10 CFR part 607, which implements sec. 5151-5160 of
the Drug -Free Workplace Act of 1988 (Pub. L. 100-690,Title V, Subtitle D; 41 U S.C. 701, et seq.).
13.4 Noncollusion. The PERFORMING PARTY warrants that it has not employed or retained any
company or person, other than a bona fide employee working for it to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide
employee any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. If the PERFORMING
PARTY breaches or violates this warranty, NCTCOG shall have the right to annul this Agreement
without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise
recover the full amount of such fee commission, brokerage fee, gift, or contingent fee.
13.5 Gratuities. Any person doing business with or who, reasonably speaking, may do business
with NCTCOG under this Agreement may not make any offer of benefits, gifts or favors to employees
of SECO, NCTCOG, or representatives of NCTCOG committees or boards. Failure on the part of the
P ERFORMING PARTY to adhere to this policy may result in termination of this Agreement.
13.6 Debarment/Suspension. The PERFORMING PARTY and Contractors shall comply with the
special provision "Certification Requirements for Recipients of Grants and Cooperative Agreements
Regarding Debarments and Suspensions," which is included as Appendix D of this Agreement. The
P ERFORMING PARTY shall include a statement of compliance with the Certification Requirements
for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions in
applicable procurement solicitations. Certification Requirements for Recipients of Grants and
Cooperative Agreements Regarding Debarments and Suspensions shall be completed by Contractors
and included in Contractor contracts, as applicable. PERFORMING PARTY must notify NCTCOG if
P ERFORMING PARTY or Contractors become debarred or suspended during performance of this
City of Fort Worth 12
Project No ARRA-CFNT-07
Agreement. Debarment or suspension of the PERFORMING PARTY may result in immediate
termination of this Agreement.
13.7 Restrictions on Lobbying. The PERFORMING PARTY and Contractors are prohibited from
using monies for lobbying purposes; the PERFORMING PARTY shall comply with the special
provision "Restrictions on Lobbying," which is included as Appendix F of this Agreement. The
P ERFORMING PARTY shall include a statement of compliance with the Lobbying Certification and
Disclosure of Lobbying Activities in applicable procurement solicitations. Lobbying Certification and
Disclosure of Lobbying Activities shall be completed by Contractors and included in Contractor
contracts, as applicable.
13.8 Disadvantaged Business Enterprises (DBE) NCTCOG encourages PERFORMING
PARTY to take all necessary affirmative steps to assure that Minority -owned Business Enterprises
(MBE), Women -owned Business Enterprises (WBE), Historically Underutilized Business (HUB), Small
Business Enterprise (SBE), and Labor Surplus Area Firms (LSAF) are used when possible. The
P ERFORMING PARTY must report and provide DBE certificates for any DBE receiving funding under
this Agreement using the template provided in Appendix J. NCTCOG suggests that the
P ERFORMING PARTY comply by taking the following affirmative steps:
13.8.1 Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources.
13.8.2 Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises.
13.8.3 Requiring any PERFORMING PARTY Contractors to take the affirmative steps listed in
this Article.
13.9 Copeland `Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c). The PERFORMING
PARTY shall comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in part by Loans or Grants from the United States"), and shall
include a provision for compliance with this Act in all applicable agreements with Contractors. The Act
provides that recipients of federal funding shall be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The PERFORMING PARTY shall report all suspected
or reported violations to NCTCOG.
13.10 Compliance with Regulations. During the performance of this Agreement, the
PERFORMING PARTY, for itself, its assignees and successors agrees to obtain any required permits
and comply with all applicable local, state and federal regulations.
13.11 Interest of Public Officials. No member, officer or employee of the public body or of a local
public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in
this Agreement or the proceeds thereof.
13.12 Construction Management and Oversight. As applicable, the PERFORMING PARTY shall
ensure appropriate management of any construction activities, including compliance with applicable
local construction regulations and permitting requirements. The PERFORMING PARTY shall ensure
that construction activities comply with prevailing wage requirements of the Davis -Bacon Act Upon
City of Fort Worth 13
Project No. ARRA-CFNT-07
request, the PERFORMING PARTY shall provide to NCTCOG, SECO, or its designee applicable
documentation confirming compliance with construction regulations.
ARTICLE 14 - SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
14.1 Segregation of Costs. The PERFORMING PARTY must segregate the obligations and
expenditures related to funding under the Recovery Act. Financial and accounting systems should be
revised as necessary to segregate, track and maintain these funds apart and separate from other
revenue streams. No part of the funds from the Recovery Act shall be commingled with any other
funds or used for a purpose other than that of making payments for costs allowable for Recovery Act
projects.
14.2 Prohibition on Use of Funds. None of the funds provided under this Agreement derived
from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5 may be used by any State
or local government, or any private entity, for any casino or other gambling establishment aquarium,
zoo, golf course, or swimming pool.
14.3 Access to Records. With respect to each financial assistance agreement awarded utilizing at
least some of the funds appropriated or otherwise made available by the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general
appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the
Comptroller General is authorized:
14.3.1 To examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to, and
involve transactions that relate to, the subcontract, subcontract, grant or subgrant; and
14.3.2 To interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
14.4 Publication. Any documentation created by the PERFORMING PARTY and provided to
NCTCOG under this Agreement which contains technical data and other data including trade secrets
and/or privileged or confidential information, which the PERFORMING PARTY does not want
disclosed to the public or used by the Government for any purpose other than for performance of the
Tasks outlined in this Agreement should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the documentation
with the following Notice as well as referring to the Notice on each page to which the Notice applies:
"Notice of Restriction on Disclosure and Use of Data The data contained in pages ---- of this
documentation have been submitted in confidence and contain trade secrets or proprietary
information and such data shall be used or disclosed only for evaluation purposes, provided
that if an award is granted as a result of or in connection with the submission of this
documentation the SECO shall have the right to use or disclose the data here to the extent
provided in the award. This restriction does not limit the Government's right to use or disclose
data obtained without restriction from any source. "
Information about this Agreement will be published on the Internet and linked to the website
www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may
exclude posting contractual or other information on the website on a case -by -case basis when
necessary to protect national security or to protect information that is not subject to disclosure under
City of Fort Worth 14
Project No ARRA-CFNT-07
sections 552 and 552a of title 5, United States Code.
14.5. Protecting State and Local Government and Contractor Whistleblowers. The
requirements of Section 1553 of the American Recovery and Reinvestment Act of 2009 are
summarized below. They include, but are not limited to:
14.5.1 Prohibition on Reprisals: An employee of any non -Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including
a disclosure made in the ordinary course of an employee's duties, to the Accountability and
Transparency Board, an inspector general, the Comptroller General, a member of Congress, a
State or Federal regulatory or law enforcement agency, a person with supervisory authority
over the employee (or other person working for the employer who has the authority to
investigate, discover or terminate misconduct), a court or grand jury, the head of a Federal
agency, or their representatives information that the employee believes is evidence of:
• gross mismanagement of the PERFORMING PARTY Agreement relating to grant funds;
• a gross waste of grant funds;
• a substantial and specific danger to public health or safety related to the implementation or
use of grant funds;
• an abuse of authority related to the implementation or use of grant funds; or
• as violation of law, rule, or regulation related to the PERFORMING PARTY Agreement
(including the competition for, or negotiation of a contract or grant, awarded or issued
relating to grant funds).
14.5.2 PERFORMING PARTY Action: Not later than 30 days after receiving an inspector
general report of an alleged reprisal, the PERFORMING PARTY shall determine whether there
is sufficient basis to conclude that the non Federal employer has subjected the employee to a
prohibited reprisal. The PERFORMING PARTY shall either issue an order denying relief in
whole or in part or shall take one or more of the following actions:
• Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held before the
reprisal, together with compensation including back pay, compensatory damages,
employment benefits, and other terms and conditions of employment that would apply to
the person in that position if the reprisal had not been taken
• Order the employer to pay the employee an amount equal to the aggregate amount of all
costs and expenses (including attorneys' fees and expert witnesses fees) that were
reasonably incurred by the employee for or in connection with, bringing the complaint
regarding the reprisal, as determined by the head of a court of competent jurisdiction.
14.5.3 Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies
provided to aggrieved employees by this section may not be waived by any agreement, policy,
form, or condition of employment, including any predispute arbitration agreement No
predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a
dispute arising out of this section.
14.5.4 Requirement to Post Notice of Rights and Remedies: Any employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post
notice of the rights and remedies as required therein. (Refer to section 1553 of the American
City of Fort Worth 15
Project No ARRA-CFNT-07
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific
requirements of this section and prescribed language for the notices.).
14.6 False Claims Act. The PERFORMING PARTY shall promptly refer to NCTCOG, SECO, or
their designees any credible evidence that a principal, employee, agent, contractor, sub -grantee,
subcontractor or other person has submitted a false claim under the False Claims Act or has
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or
similar misconduct involving those funds.
14.7 Information in Support of Recovery Act Reporting. The PERFORMING PARTY may be
required to submit backup documentation for expenditures of funds under the Recovery Act including
such items as timecards and invoices. The PERFORMING PARTY shall provide copies of backup
documentation at the request of NCTCOG, SECO, or designee.
14.8 Availability of Funds. Funds appropriated under the Recovery Act and obligated to this
Agreement are available for reimbursement of costs until September 30, 2015.
14.9 Required Use of American Iron, Steel and Manufactured Goods (Covered Under
International Agreements). The PERFORMING PARTY shall comply with provisions of Section
1605 of the American Recovery and Reinvestment Act of 2009 which requires all iron, steel, and
manufactured goods used in performance of work under this Agreement to be produced in the United
States; and which requires application of the Buy American requirement in a manner consistent with
U.S obligations under international agreements. Additional details regarding Section 1605 of the
ARRA are provided in Appendix F. The PERFORMING PARTY may request a determination of
inapplicability of Section 1605 of the Recovery Act or the Buy America Act for the SCOPE of this
Agreement. Any request for determination of inapplicability must be submitted to NCTCOG by the
P ERFORMING PARTY.
14.10 Davis Bacon Prevailing Wage Term and Condition. As applicable, in the event the
P ERFORMING PARTY'S Scope Activities involves construction, the PERFORMING PARTY agrees
to ensure compliance with all regulations set forth under Section 1606 of the Recovery Act which
requires the PERFORMING PARTY to ensure all laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed with the assistance of loans or grants
to be paid wages at rates not less than those prevailing on similar construction in the locality. Also,
PERFORMING PARTY is required to post the notice entitled, "Employee's Rights Under the Davis -
Bacon Act' (Appendix I) at all Davis -Bacon Act applicable worksites. This requirement is one that will
be checked during monitoring visits to the site for the Transportation Energy Efficiency Alternative
Fuels and Technology Stimulus grant. The National Energy Technology Laboratory (NETL) Contract
Specialist's name and contact information should be placed in the area of the poster marked for the
contracting officer. The NETL Contract Specialist for the State of Texas is:
Mr. Kellyn L. Cassell
Contract Specialist
U .S. Department of Energy
N ational Energy Technology Laboratory
P.O. Box 880, MS 107
3610 Collins Ferry Rd.
Morgantown, WV 26507-0880
Phone: (304) 285-4554
Email: Kellvn.CasseMnetl.doe.gov
City of Fort Worth 16
Project No. ARRA-CFNT-07
Employees of local governments are not subject to the Davis -Bacon Act; however, all applicable
Contractors are subject to Davis -Bacon Act requirements, including reporting requirements outlined in
Article 12.1.3. The PERFORMING PARTY shall maintain payroll records fora period of three years
for all laborers and mechanics performing work applicable to the requirements of the Davis -Bacon
Act. Payroll records shall contain the name, address, and social security number of each worker, his
or her classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions
taken from income, and actual wages paid. Appendix H includes additional details regarding Wage
Rate Requirements under Section 1606 of the Recovery Act and Davis Bacon Act and Contract work
hours and Safety Standards Act and wage determination data for North Central Texas Counties.
APPENDICES
The following appendices are attached and made part of this Agreement.
Appendix A Scope of Service
Appendix B Activity Information Form
Appendix C Monthly Project Status Report
Appendix D Lower Tier Participant Debarment Certification
Appendix E Lobbying Certification and Disclosure of Lobbying Activities
Appendix F Required Use of American Iron, Steel, and Manufactured Goods
Appendix G Wage Rate Requirements under Section 1606 of the Recovery Act, Davis Bacon Act,
and Contract Work Hours and Safety Standards Act; and Wage Determinations for the
North Central Texas Region
Appendix H Certified Payroll Reporting Form (WH-347)
Appendix I Employee's Rights Under the Davis -Bacon Act
Appendix J Utilization of Small, Minority and Women's Business Enterprises Reporting Form
IN WITNESS WHEREOF, the Par ies have executed .t .. is, greement in duplicate original at Arlington,
Tarrant County, Texas, the day of %.,_ t(. -t/ , 2011.
NTR TEXAS COUNCIL OF GOVERNMENTS
R. Michael Eastland
Executive Director, NCTCOG
PERFORMING PARTY
litter? 02-17
9l3h
Signature
Karen L. Montgomery
Printed Name
Assistant City Manager
817/392--6222
Contact Phone Number
City of Fort Worth
Project No. ARRA-CFNT-07
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Appendix A
Scope of Service
City of Fort Worth
Project No ARRA-CFNT-07
CLEAN FLEETS NORTH TEXAS: RECOVERY ACT
APPENDIX A
SCOPE OF SERVICE
CITY OF FORT WORTH
The City of Fort Worth will convert four (4) heavy-duty and six (6) light -duty diesel vehicles
to propane vehicles and will expand three (3) existing alternative fuel infrastructure sites to
provide propane fuel.
The project has been assigned the following Project Number, and each activity has been
assigned an Activity Number, both of which shall be used when tracking and reporting to the
N orth Central Texas Council of Governments (NCTCOG).
P rotect Number: ARRA-CFNT-07
The Scope of Service (Scope) contains information on the activities to be conducted and the
expenses that will be reimbursed under the Agreement All grant -funded scope activities must
be in service by October 31, 2011. Grant funding is applicable to approved equipment, supply,
and labor costs directly related to the incremental costs of vehicle purchases, conversion kit
purchase and installation, and/or refueling/recharging infrastructure implementation.
Administrative and operational costs are not eligible.
The minimum number of each activity type to be accomplished with the grant award is outlined
in the "Approved Application Summary", along with a maximum award amount for each activity
The City of Fort Worth commits to provide a minimum cost share of 20 percent (20%) of the
total project cost. If actual expenses are lower than expected and the full award amount is not
fully utilized, the City of Fort Worth may request approval from NCTCOG to use the balance of
grant funds in a manner consistent with all requirements of this Agreement and Scope, including
cost share requirements. If this situation arises, the City of Fort Worth will notify the NCTCOG
S taff Contact and request approval as quickly as possible to ensure timely implementation.
TASK 1 — Purchase and Installation of Approved Vehicles and/or Conversion Kits,
All new vehicles, engines, and conversion systems must be certified or approved by the US
Environmental Protection Agency (EPA) and/or California Air Resources Board (CARB) and
meet applicable Federal Motor Vehicle Safety Standards (FMVSS).
Approved Application Summary — Vehicles
Activity
Number
1
2
Project Description
Convert 2010 diesel
Ford F350 to propane
Convert 2011 diesel
Ford E350 to propane
City of Fort Worth
Project No ARRA-CFNT-07
Minimum
Number of
Units
Average
Annual
Mileage
(per vehicle)
14,000
9,600
Vehicle
Type
Heavy -Duty
Vehicle
Light -Duty
Vehicle
Maximum
Award
Amount
$11,045
$10,400
Activity
Number
3
4
5
6
7
8
9
10
TOTAL
Project Description
Convert 2010 diesel
Ford F350 to propane
Convert 2010 diesel
Ford 350 to propane
Convert Ford diesel
F350 to propane
Convert 2010 diesel
Ford F250 to propane
Convert 2010 diesel
Ford F250 to propane
Convert 2010 diesel
Ford F250 to propane
Convert 2010 diesel
Ford F250 to propane
Convert 2010 diesel
Ford F250 to propane
Minimum
Number of
Units
1
1
1
1
1
1
1
1
10
TASK 2 - Implementation of Fueling Infrastructure
Average
Annual
Mileage
(per vehicle)
12,800
7,000
5,000
12,000
13,800
6,000
16,600
10,000
I
Vehicle
Type
Heavy -Duty
Vehicle
Heavy -
Duty
Vehicle
Heavy -
Duty
Vehicle
Light -Duty
Vehicle
Light -Duty
Vehicle
Light -Duty
Vehicle
Light -Duty
Vehicle
Light -Duty
Vehicle
Maximum
Award
Amount
$13,000
$13,000
$13,000
$11,045
$11,045
$11,045
$11,045
$11,045
$115,670
The City of Fort Worth will expand/upgrade existing alternative fuel infrastructure to provide
alternative fuel as outlined in the Approved Application Summary. The City of Fort Worth will
ensure that all applicable federal, state, and local laws and regulations are followed related to
the construction and/or use of alternative refueling infrastructure, including National
Environmental Policy Act (NEPA) requirements and/or other necessary environmental reviews.
In addition, the City of Fort Worth will adhere to all special provisions of the American
Recovery and Reinvestment Act (ARRA) including required use of American iron, steel, and
manufactured goods and wage requirements (Sections 1605 and 1606 of the ARRA), as
identified in the Agreement.
Approved Application Summary - Fueling Infrastructure
Activity Project Project
Number Description Location
12
Refueling
facility
expansion
City of Fort Worth
Project No ARRA-CFNT-07
2950 Bolt Street,
Fort Worth TX
Fuel Type(s) Number of
Added/ Dispensers/
Upgraded Outlets
Propane
Average
Annual
Gallons/
Hours
Dispensed
Maximum
Award
Amount
1 12,000 $48,080
Activity Project Project
Number Description Location
Refueling
13 facility
expansion
2201 W Daggett,
Fort Worth, TX
Average
Fuel Type(s) Number of Annual Maximum
Added/ Dispensers/ Gallons/ Award
Upgraded Outlets Hours Amount
Dispensed
Propane
1
12,000 $48,080
Refueling 5000 MLK
14 facility Boulevard, Fort Propane 1 12,000 $48,080
expansion Worth, TX
TOTAL 3 $144,240
TASK 3 — Operation
The City of Fort Worth will own and operate each grant -funded vehicle and infrastructure site
for a minimum of the following Activity Life
Light -Duty Vehicles: Five -Year Activity Life
Heavy -Duty Vehicles: Seven -Year Activity Life
Infrastructure: Seven -Year Activity Life
The City of Fort Worth will ensure that the grant -funded vehicles are operated primarily within
the Dallas -Fort Worth ozone nonattainment area.
The City of Fort Worth will display the American Recovery and Reinvestment Act and/or US
Department of Energy (DOE) Clean Cities logo on all grant -funded vehicles and at all funded
fueling infrastructure facilities in a manner clearly visible to the public for the duration of the
approved Activity Life. Required signage will be supplied by NCTCOG. In addition, the City of
Fort Worth shall apply appropriate signage to grant -funded fueling infrastructure including all
required federal state, and local fuel dispensing information including, but not limited to, fuel
contents, safety precautions, etc.
TASK 4 — Reimbursement and Reporting
The City of Fort Worth will complete all reporting and reimbursement requirements as set forth in
the Agreement and Scope. Specific reporting requirements and their frequencies are detailed
below.
Request for Reimbursement
With each Request for Reimbursement, the City of Fort Worth must submit
documentation proving payment and/or expenses, such as invoices, cancelled checks, or
labor reports. In addition, a completed Activity Information Form(s), included as Appendix
B, must be submitted, as applicable, for each activity for which reimbursement is
requested The final Request for Reimbursement is due to NCTCOG no later than
October 31, 2011.
City of Fort Worth
Project No ARRA-CFNT-07
Monthly Proliect Status Report
A Monthly Project Status Report must be submitted by the 25`h day of each month for the
duration of this Agreement. The report shall be submitted to the Agreement Administrator
as identified on the front of the Agreement, using the template provided in Appendix C.
Semi -Annual Usaae Report
A Semi -Annual Usage Report must be submitted by January 15 and July 15 to reflect
activity during the preceding six months for the duration of the approved Activity Life
Required reporting will include the following information for each activity:
• For Vehicle Activities
o Actual Mileage for the Semi -Annual Reporting Period
o Actual Cumulative Mileage
o Actual Gallons Fuel Consumed for the Semi -Annual Reporting Period
o Actual Cumulative Gallons Fuel Consumed
o Percent of Time Operating in Dallas -Fort Worth Ozone Nonattainment Area
for the Semi -Annual Reporting Period
o Operational Issues or Changes (if any, such as significant maintenance
concerns, repair needs, etc.)
• For Infrastructure Activities
o Actual Gallons Dispensed for the Semi -Annual Reporting Period
o Actual Cumulative Gallons Dispensed
o Average Price of Alternative Fuel over Semi -Annual Reporting Period
o Operational Changes (if any, such as significant maintenance/repair needs,
temporary closings, etc.)
Semi -Annual usage reporting will be completed online through the NCTCOG Website
(www,nctcoa.ora). A username and password will be provided prior to the end of the first
reporting period.
Certified Payroll Reports
Weekly Certified Payroll Reports must be submitted by 5 pm on the Friday of the week
following the reporting period for any week in which applicable work is performed. The
required weekly payroll reporting form is provided in Appendix D and shall also be
completed for Contractors. Reports with original signatures must be submitted to the
Agreement Administrator. Scanned or faxed copies are not acceptable.
Schedule
Task
Certified Payroll
Records
City of Fort Worth
Project No ARRA-CFNT-07
Date
Weekly Certified Payroll Reports must be submitted by 5 pm on
the Fnday of the week following the reporting period for any
week in which applicable work is performed.
Task I Date
Monthly Project
Status Report
Semi -Annual Usage
Reporting
Project Completion
Deadline
Final Request for
Reimbursement
Written Certification of
Disposition
City of Fort Worth
Project No ARRA-CFNT-07
Due by the 20th day of each month for the duration of the
Agreement period. After the first monthly report has been
submitted the timeline for subsequent reports shall cover the
21st day of the month through the 20th day of the following
month.
Due by January 15 for activity from July 1 — December 31, and
due by July 15 for activity from January 1 — June 30, for the
duration of the Activity Life
October 31, 2011
October 31, 2011
Required at end of Activity Life or upon transfer of ownership
for all grant -funded vehicles and equipment.
Appendix B
Activity Information Form
City of Fort Worth
Project No ARRA-CFNT-07
MI
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Activity Information Form
PERFORMING PARTY:
PROJECT NUMBER:
Part 1: Complete either Table 1, 2, or 3 for each activity number, depending on project type. Make additional copies of this form as
necessary to submit all activities.
Table 1: Complete only for vehicle/equipment replacement or repower projects, or projects involving installation of a technology powered by an engine
(Le. an auxiliary power unit).
1 2 5
Scope
Activity
N o.
Vehicle/Equipment/
Technology
Year/Make/Model
3
VIN or
Equipment
Serial Number
4
Engine
Year/Make/
Model
Engine
Test Group/
Family Codel
6
Engine
Serial No.
7
Engine
Horse-
power
8
Gross Vehicle
Weight Rating
(on -road vehicles
only)
9
VIN/Serial
Number of
Host Vehicle/
Equipment2
(if applicable)
10 11
Date
Fuel Placed
Type in
Service
The Engine Test Group/Family Code number may be found on the emissions label located under the hood of the vehicle or, for equipment, on the engine itself.
2This category applies to projects which involve the purchase/installation of a technology on another vehicle, such as an auxiliary power unit. In that case, the senal
number of the APU goes in Column 3, and the VIN/serial number of the equipment on which the APU is installed goes in column 9.
City of Fort Worth
Project No. ARRA-CFNT-07
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Activity Information Form
Table 2: Complete only for projects involving retrofits or other add -on technology not powered by an engine (i.e. battery -powered units, low
roiling resistance tires, etc.).
1 2 3 4 5 6 7 8
Host VIN or Equipment
Scope Technology Serial/ID
Activity Equipment Serial/ID Description of Technology TechnologyTechnologyYear Number Date Placed
No. Number Installed Manufacturer Model (if applicable) (grant funded in Service
(host vehicle/equipment) technology)
' The host vehicle/equipment is the veh cle/equipment on which the grant -funded technology is installed.
City of Fort Worth
Project No. ARRA-CFNT-07
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Activity Information Form
Table 3: Complete only for projects involving on -site infrastructure (i.e. truck stop electrification or refueling/recharging infrastructure).
1
Scope
Activity
No.
2 3
Site/Facility Name Site Location
or Description (Address, City, County, ZIP)
4
Technology/Fuel
Provided
(if applicable, provide
manufacturer name)
5
Number
Vehicle/
Equipment
Connections'
6 7
Access
Provided
(public, shared,
or private access)
Date
Placed in
Service
'For this column, please enter the number of parking spaces electrified, the number of alternative fuel dispensers/nozzles available, or other appropriate quantifiable
measure for the project.
Part 2: Attach supporting photo documentation. A checklist of required photos is outlined below, based upon Activity Type.
Vehicle Projects (including replacement, repower, purchase, or add -
on of retrofit or other technology
Entire Vehicle
VIN
Engine Data Plate
Technology on vehicle after installation (if applicable, i.e. for
auxiliary power units, conversion systems, etc.)
Submitted by:
Printed Name and Title
City of Fort Worth
Project No. ARRA-CFNT-07
Infrastructure Projects
Overview of Site, Including Dispensers/Connections
Close -Up of Dispensers/Connections
Identifying Signage (fuel type, price, etc.)
Safety Labels, If Applicable
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Activity Information Form
Signature Date
City of Fort Worth
Project No. ARRA-CFNT-07
Appendix C
Monthly Project Status Report Form
City of Fort Worth
Project No ARRA-CFNT-07
CLEAN FLEETS NORTH TEXAS RECOVERY ACT PROJECT
Monthly Project Status Report
1. Performing Party Name.
2. Reporting on Scope Activity Number(s):
3. Reporting Period (month):
4. Description of work/grant activities completed during this month.
5. Dollar amount of work/grant activities completed during this month.
6. Describe any problems or difficulties encountered.
Are the difficulties impacting your project deliverables or timeline?
8. Discussion of work/grant activities to be completed during the next reporting period.
Are you a Certified Disadvantaged Business Enterprise (DBE)?
No Yes (if yes, attach Certification)
10. If you answered yes to question 9, what type of business enterprise (check all that apply):
Historically Underutilized Business (HUB)
Small Business Enterprise (SBE)
Labor Surplus Area Firms (LSAF)
Woman -owned Business Enterprise (WBE)
Minority -owned Business Enterprise (MBE)
City of Fort Worth
Project No ARRA-CFNT-07
11. Performing Party Contractor information:
Name & Address (City, State, Zip Code-4 digit)
Contact information of person completing report:
Print Name.
Telephone:
Email Address:
Certification Statement
Dollar
Value
DUNS # Product DBE Certification
Code (attach Certificate)
HUB SBE _
WBE MBE _
LSAF
HUB SBE _
WBE MBE _
LSAF
HUB SBE
WBE MBE
LSAF
HUB SBE _
WBE MBE _
LSAF
HUB SBE
WBE MBE
LSAF
I certify to the best of my knowledge and belief that the data provided on this Monthly Project Status
Report are correct and complete, and in compliance with all provisions of the Agreement.
PERFORMING PARTY
Signature
Print Name
Date
City of Fort Worth
Project No ARRA-CFNT-07
Instructions
CLEAN FLEETS NORTH TEXAS RECOVERY ACT PROJECT
Monthly Project Status Report
Definitions:
Minority Business Enterprise (MBE) is a business concern that is (1) at least 51 percent owned by one
or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock
is owned by one or more minority individuals; and (2) whose daily business operations are managed and
directed by one or more of the minority owners.
Woman Business Enterprise (WBE) is a business concern that is, (1) at least 51 percent owned by one
or more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned
by one or more women and (2) whose daily business operations are managed and directed by one or
more of the women owners.
Historically Underutilized Business (HUB) is a business (except tribally -owned concerns) that is (1) a
small business by SBA standards (2) owned and controlled at least 51% by U.S. citizens, or a
Community Development Corporation, or an agricultural cooperative or an Indian tribe (3) its principal
office must be located within a "Historically Underutilized Business Zone," which includes lands
considered 'Indian Country" and military facilities closed by the Base Realignment and Closure Act and
(4) at least 35% of its employees must reside in a HUBZone.
Small Business Enterprise (SBE) is an independent business having fewer than 500 employees.
Labor Area Surplus Firm (LASE) is a geographical area identified by the Department of Labor as an area
of concentrated unemployment or underemployment or an area of labor surplus.
Eauipment is any tangible, nonexpendable, personal property having a useful life of more than one year
and an acquisition cost of $5,000 or more per unit.
Performina Party Information:
1. Self-explanatory
2. Activity number can be found in the Scope of Service, Appendix A of the Agreement
3. Self-explanatory
4. Provide a brief description of the status of the project or activity by outlining work that has been
completed during the reporting period, including project success and/or accomplishments.
Dollar amount spent during this reporting period for completed project or activity. Can include
amount in which a request for reimbursement has not been submitted to NCTCOG during this
reporting period.
Provide a brief description of any problems and/or difficulties encountered during this reporting
period and action taken to resolve problems and/or difficulties.
7. Indicate with and yes or no if difficulties encountered prevents project deliverable or timeline.
8. Provide a brief description of project work or activity that will take place during the reporting
period, including anticipated project success and/or accomplishments.
City of Fort Worth
Project No ARRA-CFNT-07
9. Based on the definition above, select yes or no if your entity is or is not certified as a DBE
enterprise
10. Select all DBE type that applies to your entity and attach a copy of the Certificate.
11. If your entity received goods/services this reporting quarter, provide Contractor(s) information in
the table:
Column 1: Contractor name and address. Include four digit extension to zip code
Column 2: Dollar amount of product or service provided by Contractor
Column 3: If the value of product or service provided by Contractor is over $5,000,
provide Contractor's DUNS number
Column 4: Using the following product code numbers; identify the type of product or
service acquired through the procurement
0 = Operation and Maintenance
1= Construction
Licht Duty Vehicles
2 = Neighborhood Electric Vehicles
3 = Gasoline Powered Hybrid Vehicles
4 = Diesel Vehicles
5 = Gasoline Powered Plug -In Hybrid
6 = Other Alternative Fueled Vehicles
Medium and Heavy Duty Vehicles
7 = Electric Vehicles
8 = Hybrid Vehicles Powered by Alternative Fuels
9 = Other Alternative Fueled Vehicles
10 Other Gasoline/Diesel Powered Advanced Technology Vehicles
Column 5: If applicable, based on the definition above, select DBE Certification type for
Contractor. Select all DBE types that apply and attach a copy of the Certificate
City of Fort Worth
Project No ARRA-CFNT-07
Appendix D
Lower Tier Participant Debarment Certification
City of Fort Worth
Project No ARRA-CFNT-07
LOWER TIER PARTICIPANT DEBARMENT CERTIFICATION
(Negotiated Contracts)
John J. Dale
, being duly
(Name of certifying official)
sworn or under penalty of perjury under the laws of the United States, certifies that neither
City of Fort Worth
(Name of lower tier participant)
are presently:
• debarred, suspended, proposed for debarment,
• declared ineligible,
• or voluntarily excluded from participation in this transaction
by any federal department or agency
, nor its principals
Where the above identified lower tier participant is unable to certify to any of the above statements in
this certification, such prospective participant shall indicate below to whom the exception applies, the
initiating agency, and dates of action.
Exceptions will not necessarily result in denial of award but will be considered in determining contractor
responsibility. Providing false information may result in criminal prosecution or administrative sanctions.
EXCEPTIONS:
Sign
Title
rtifying icial
Purchasing Manager
July 11, 2011
Date of Certification
Form 1734
Rev.10-91
TPFS
City of Fort Worth
Project No. ARRA-CFNT-07
Appendix E
Lobbying Certification and Disclosure of Lobbying Activities
City of Fort Worth
Project No ARRA-CFNT-07
LOBBYING CERTIFICATION
FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal
amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LL_ L, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this codification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U S Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Equipment Services Director
Title
City of Fort Worth
Agency
July 14, 2011
Date
TxDOT
1-91
TPFS
City of Fort Worth
Project No. ARRA-CFNT-07
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
1. Type of Action:
contract
grant
cooperative agreement
loan
loan guarantee
loan insurance
0
0
❑
a.
b.
c.
d.
e.
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities
(See instructions for public burden disclosure)
3. Report Type:
❑ a. initial filing
O b. material charge
2. Status of Action:
❑ a. bid/offer/application
❑ b. initial award
❑ c. post -award
4. Name and Address of Reporting Entity:
❑ Prime
6. Department Agency:
8. Action Number, if known:
0 Tier
10. a. Name and Address of Lobbying Entity
(if individual, last name, first name, MI):
if known
For Material Change Only:
year quarter
date of last report
5. If Reporting Entity in No. 4 is Subawardee, Enter
Name and Address of Prime:
7. Program Name/Description:
9. Award Amount, if known:
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
(attach Continuation Sheet(s SF-LLL-A, if necessary
11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply):
❑ a. retainer
$ 0 actual 0 planned ❑ b. one-time fee
❑ c. commission
12. Form of payment (check all that apply): 0 d. contingent fee
❑ a. cash ❑ e. deferred
❑ b. in -kind specify: nature ❑ f. other; specify:
value
14. Brief Description of Services Performed or to be Performed and Date(s) of Service including officer(s), employee(s), or
Member(s) contacted, for Payment indicated in Item 11:
(attach Continuation Sheet(s) SF-LLL-A, if necessary)
15. Continuation sheet(s) SF -ILL -A attached: 0 Yes 0 No
16. This disclosure of lobbying activities is a material
representation of fact upon which reliance was placed
by the tier above when this transaction was made or Signature:
entered into. This information will be available for
public inspection. Print
Name:
NCTCOG Use Only:
City of Fort Worth
Project No ARRA-CFNT-07
Title:
Telephone:
Date:
Authorized for Local Reproduction
Standard Form - LLL
INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime recipient, at the initiation or receipt of a
covered action, or a material change to a previous filing. The filing of a form is required for each payment or agreement to make
payment to any lobbying entity for influencing or attempting to influence an employee of the NCTCOG, a Member of the Regional
Transportation Council (RTC) an officer or employee of the Regional Transportation Council (RTC), or an employee of a Member of the
Regional Transportation Council (RTC) in connection with a covered action. Use the SF-LLL-A Continuation Sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report.
1. Identify the type of covered action for which lobbying activity is and/or has been secured to influence the outcome of a covered
action.
2. Identify the status of the covered action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered action.
4. Enter the full name address city, state and zip code of the reporting entity. Check the appropriate classification of the reporting
entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards
under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code
of the prime recipient.
6. Enter the name of the agency making the award or loan commitment.
7. Enter the program name or descnption for the covered action (item 1.)
8. Enter the most appropriate identifying number available for action identified in item 1 (e.g., Request for Proposal (RFP)
number invitation for Bid (B) number, grant announcement number; the contract grant, or loan award number; the
application/proposal control number assigned by the agency.) Include prefixes, e.g. 'RFP-DE-90-001."
9. For a covered action where there has been an award or loan commitment by the agency, enter the amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in
item 40 to influence the covered action.
(b) Enter the full names of the individuals(s) performing services, and include full address if different from 10(a) Enter Last
Name, First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity
(item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this
is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the
nature and value of the in -kind payment.
13. Check the appropnate boxes(s). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contract with officials.
Identify the employee of the NCTCOG, the Member of the Regional Transportation Council (RTC), an officer or employee of the
Regional Transportation Council (RTC), or the employee of a Member of the Regional Transportation Council (RTC) in
connection with a covered.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16. The certifying official shall sign and date the form, print his/her name, title, and the telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information.
City of Fort Worth
Project No ARRA-CFNT-07
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Reporting Entity:
Page of
Authorized for Local Reproduction
City of Fort Worth
Project No ARRA-CFNT-07
Appendix F
Required Use of American Iron, Steel, and Manufactured Goods
City of Fort Worth
Project No ARRA-CFNT-07
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,
N orway, Poland, Portugal Romania, Singapore, Slovak Republic, Slovenia, Spain,
S weden, 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,
N icaragua, 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,
N etherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and
U nited Kingdom.
Designated country iron, steel, and/or manufactured goods
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from
another country, has been substantially transformed in a designated country into a new and
different manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from
another country, has been substantially transformed in the United States into a new and
different manufactured good distinct from the materials from which it was transformed.
There is no requirement with regard to the origin of components or subcomponents in
manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is
not domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been --
City of Fort Worth
Project No ARRA-CFNT-07
(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 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:
NONE
(4) The award official may add other iron, steel, and manufactured goods to the list in
paragraph (b)(3) of this section if the Federal Government determines that--
(i) The cost of domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in
the project is unreasonable when the cumulative cost of such material will increase
City of Fort Worth
Project No ARRA-CFNT-07
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
(ill) 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) A description of the foreign and domestic iron, steel, and/or
manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this
section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the
market and a completed cost comparison table in the format in paragraph (d) of this
section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to
the construction site and any applicable duty.
(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
City of Fort Worth
Project No ARRA-CFNT-07
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:
Foreign and Domestic Items Cost Comparison
Description Unit of measure Quantity Cost(dollars)*
Item 1
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2.
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach
copy of response; if oral, attach summary.]
[Include other applicable supporting information.]
[*Include all delivery costs to the construction site.]
City of Fort Worth
Project No ARRA-CFNT-07
Appendix G
Wage Rate Requirements under Section 1606 of the Recovery Act
Davis Bacon Act and Contract Work Hours and Safety Standards Act and
Wage Determinations for North Central Texas
City of Fort Worth
Project No ARRA-CFNT-07
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.
DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Definitions: For purposes of this article, Davis Bacon Act and Contract Work Hours and Safety
Standards Act, the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement made
with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must
require compliance with the labor standards clauses and wage rate requirements of the Davis -
Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients (other
than a unit of State or local government whose own employees perform the construction)
Subrecipients, Contractors and subcontractors.
(2) "Contractor' means an entity that enters into a Contract. For purposes of these clauses,
Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and
Recipients' or Subrecipients' contractors, subcontractors, and lower -tier subcontractors.
'Contractor" does not mean a unit of State or local government where construction is performed by
its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor or any tier
subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial
assistance instruments such as grants, cooperative agreements, technology investment
agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial
assistance agreements. 'Contract" does not mean a financial assistance instrument with a unit of
State or local government where construction is performed by its own employees.
City of Fort Worth
Project No ARRA-CFNT-07
(4) "Contracting Officer means the DOE official authorized to execute an Award on behalf of DOE
and who is responsible for the business management and non -program aspects of the financial
assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in
the form of a grant, cooperative agreement or technology investment agreement directly from the
Federal Government and is financially accountable for the use of any DOE funds or property, and
is legally responsible for carrying out the terms and conditions of the program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of
money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a
lower- tier subrecipient. The term includes financial assistance when provided by any legal
agreement, even if the agreement is called a contract, but does not include the Recipient's
procurement of goods and services to carry out the program nor does it include any form of
assistance which is excluded from the definition of "Award" above.
(7) "Subrecipient" means a non -Federal entity that expends Federal funds received from a
Recipient to carry out a Federal program, but does not include an individual that is a beneficiary of
such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv)
of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4) Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and wage rates conformed
under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
City of Fort Worth
Project No ARRA-CFNT-07
(ii) (A) The Contracting Officer shall require that any class of laborers or mechanics,
including helpers which is not listed in the wage determination and which is to be
employed under the Contract shall be classified in conformance with the wage
determination The Contracting Officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been
met.
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination.
(B) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the Contracting Officer agree
on the classification and wage rate (including the amount designated for fringe
benefits where appropriate), a report of the action taken shall be sent by the
Contracting Officer to the Administrator of the Wage and Hour Division, U S.
Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative will approve, modify or disapprove every additional classification
action within 30 days of receipt and so advise the Contracting Officer or will notify
the Contracting Officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the Contracting Officer do not agree on
the proposed classification and wage rate (including the amount designated for
fringe benefits, where appropriate) the Contracting Officer shall refer the questions,
including the views of all interested parties and the recommendation of the
Contracting Officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so
advise the Contracting Officer or will notify the Contracting Officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers
performing work in the classification under this Contract from the first day on which
work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,
Provided, That the Secretary of Labor has found, upon the written request of the
City of Fort Worth
Project No ARRA-CFNT-07
Contractor, that the applicable standards of the Davis Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for
the meeting of obligations under the plan or program.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld from the Contractor under this Contract or any other Federal contract with
the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon
prevailing wage requirements, which is held by the same prime contractor so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full
amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper, employed or working on the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the Contract, the Department of
Energy, Recipient, or Subrecipient, may, after written notice to the Contractor sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further payment
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work (or under the United States Housing Act of
1937, or under the Housing Act of 1949, in the construction or development of the project).
Such records shall contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number
of hours worked deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis Bacon Act the Contractor shall
maintain records which show that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is
performed a copy of all payrolls to the Department of Energy if the agency is a party
to the Contract but if the agency is not such a party, the Contractor will submit the
payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor or
owner as the case may be, for transmission to the Department of Energy. The
payrolls submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security
numbers and home addresses shall not be included on weekly transmittals. Instead
the payrolls shall only need to include an individually identifying number for each
City of Fort Worth
Project No ARRA-CFNT-07
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)
(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
City of Fort Worth
Project No ARRA-CFNT-07
representatives of the Department of Energy or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit the required records or to make them available,
the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment,
advance or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
(4) Apprentices and trainees—
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for
the work they performed when they are employed pursuant to and individually registered in
a bona fide apprenticeship program registered with the U.S. Department of Labor
Employment and Training Administration, Office of Apprenticeship Training, Employer and
Labor Services, or with a State Apprenticeship Agency recognized by the Office or if a
person is employed in his or her first 90 days of probationary employment as an apprentice
in such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio
permitted to the Contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a Contractor is performing
construction on a project in a locality other than that in which its program is registered, the
ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified
in the Contractors or subcontractor's registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid fringe benefits in
accordance with the provisions of the apprenticeship program. If the apprenticeship
program does not specify fringe benefits apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the
Administrator determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the
Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship
Agency recognized by the Office, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant
to and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approved by the Employment and Training Administration Every
City of Fort Worth
Project No ARRA-CFNT-07
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.
(Hi) Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient s and Subrecipient's
contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1)
through (10) and such other clauses as the Department of Energy may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be
grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of
the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated
by reference in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of
this Contract shall not be subject to the general disputes clause of this Contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
Recipient, Subrecipient, the Contractor (or any of its subcontractors) and the contracting agency,
the U.S. Department of Labor, or the employees or their representatives
(10) Certification of eligibility.
City of Fort Worth
Project No ARR-CFNT-07
(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.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (b)(1) of this section the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of
this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the
Recipient or Subrecipient shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor under any such contract
or any other Federal contract with the same prime Contractor, or any other federally -assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such
Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (b)(2) of this section.
(4) Contracts and Subcontracts The Recipient, Subrecipient, and Recipient's and Subrecipient's
contractor or subcontractor shall insert in any Contracts the clauses set forth in paragraph (b)(1)
through (4) of this section and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts The Recipient shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4)
of this section.
City of Fort Worth
Project No ARRA-CFNT-07
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of the
Contract for all laborers and mechanics, including guards and watchmen, working on the Contract.
Such records shall contain the name and address of each such employee, social security number,
correct classifications hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. The records to be maintained under this paragraph shall
be made available by the Contractor or subcontractor for inspection, copying, or transcription by
authorized representatives of the Department of Energy and the Department of Labor, and the
Contractor or subcontractor will permit such representatives to interview employees during working
hours on the job
An electronic copy of the payroll reporting form WH 347 can be downloaded from the Department
of Labor website, www.dol.pov or direct link, htto://www.dol.aov/whd/forms/wh347.adf.
City of Fort Worth
Project No ARRA-CFNT-07
Appendix H
Payroll Reporting Form (WH-347)
City of Fort Worth
Project No ARRA.CFNT-07
U.S. Department of Labor
Wage and Hour Division
PAYROLL
(For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOR ❑ OR SUBCONTRACTOR ADDRESS
PAYROLL NO.
(1)
NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g.. LAST FOUR DIGITS OF SOCIAL SECURITY
NUMBER) OF WORKER
FOR WEEK ENDING
(2) (3)
WORK
z 3w CLASSIFICATION
m
0
0
0
S
0
S
0
S
0
s
0
S
0
S
0
$
0
S
(4) DAY AND DATE
HOURS WORKED EACH DAY
PROJECT AND LOCATION
Ku
U.S. Wage and Hour Division
Rev. Dec. 2008
OMB No.: 1215-0149
Expires: 12/31/2011
PROJECT OR CONTRACT NO.
(5) (6) (7) (9)
(9)
DEDUCTIONS
GROSS
TOTAL RATE AMOUNT
HOURS OF PAY EARNED
NET
WITH- WAGES
HOLDING TOTAL PAID
FICA TAX OTHER DEDUCTIONS FOR WEEK
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act
(40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week" U.S. Department of Labor (DOL) regulations at
29 C.F R. § 5.5(a)(3)p1) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer
or mechanic has been paid not less than the proper Davis -Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fnnge benefits.
Public Burden Statement
We dst}mate trot Is wilt take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have
any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.
Vvasnington. D.C. 20210
(over)
Date
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by
on the
(Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of and ending the day of
all persons employed on said project have been paid the full weekly wages earned, that no rebates have
been or will be made either directly or indirectly to or on behalf of said
from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly
from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part
3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat 948,
63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below.
(2) That any payrolls otherwise under this contract required to be submitted for the above period are
correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the
applicable wage rates contained in any wage determination incorporated into the contract; that the
classifications set forth therein for each laborer or mechanic conform with the work he performed.
(3) That any apprentices employed in the above period are duly registered in a bona fide
apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of
Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a
State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.
(4) That:
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
— in addition to the basic hourly wage rates paid to each laborer or'mechanic listed in
the above referenced payroll, payments of fringe benefits as listed in the contract
have been or will be made to appropriate programs for the benefit of such
employees, except as noted in section 4(c) below.
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
❑ -
(c) EXCEPTIONS
REMARKS:
Each laborer or mechanic listed in the above referenced payroll has been paid,
as indicated on the payroll, an amount not less than the sum of the applicable
basic hourly wage rate plus the amount of the required fringe benefits as listed
in the contract, except as noted in section 4(c) below.
EXCEPTION (CRAFT) EXPLANATION
NAME AND TITLE ► SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR
SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE
31 OF THE UNITED STATES CODE.
Appendix I
Employee's Rights Under the Davis -Bacon Act
City of Fort Worth
Project No ARRA-CFNT-07
i
THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION
PREVAILING
WAGES
OVERTIME
ENFORCEMENT
APPRENTICES
PROPER PAY
You must be paid not less than the wage rate listed in the Davis -Bacon
Wage Decision posted with this Notice for the work you perform.
You must be paid not less than one and one-half times your basic
rate of pay for all hours worked over 40 in a work week. There are few
exceptions.
Contract payments can be withheld to ensure workers receive wages
and overtime pay due, and liquidated damages may apply if overtime
pay requirements are not met. Davis -Bacon contract clauses allow
contract termination and debarment of contractors from future federal
contracts for up to three years. A contractor who falsifies certified
payroll records or induces wage kickbacks may be subject to civil or
criminal prosecution, fines and/or imprisonment
Apprentice rates apply only to apprentices properly registered under
approved Federal or State apprenticeship programs.
if you do not receive proper pay, or require further information on the
applicable wages, contact the Contracting Officer listed below:
Mr. Kellyn L. Cassell
Contract Specialist
US Department of Energy
National Energy Technology Laboratory
PO Box 880, MS 107
3610 Collins Ferry Road
Morgantown WV 26507-0880
Phone: (304) 285-4554
Email: Kellyn.Casse114netl.doe.gov
or contact the U.S. Department of Labor's Wage and Hour Division.
For additional information:
U.S. Department of Labor I Employment Standards Administration I Wage and Hour Division
WH 132llnev'sei. pni 2xw)
Certified Payroll Reporting Guidelines
A blank Certified Payroll Report (CPR) Form WH-347 can be downloaded from the following
link, http://www.dol.aov/whd/forms/wh347.pdf This form can be completed electronically or by hand. A
hard copy is also included with the agreement documents. Please feel free to download the electronic
form or utilize the hard copy provided.
It is the sole responsibility of the Performing Party to coordinate with the Prime Contractor to
ensure that Certified Payroll Reports (CPRs) are submitted accurately and timely, by all Contractors
performing work on the construction site If payroll reports are not submitted in a timely manner,
reimbursement requests will be delayed. Reports will not be amended corrected or completed by
North Central Texas Council of Governments (NCTCOG) staff. To avoid delay in payment due to
late. incomplete or incorrect CPRs, please review the following checklist before submitting payroll
reports:
❑ Payroll reports are due weekly by 5 p.m on Friday to reflect work performed during the
previous week. Payroll reports are to be submitted to the Grants Coordinator listed below;
❑ Submit reports in one (1) original and one (1) copy;
(A fax or email copy is acceptable for NCTCOG to begin the review process; however, a fax or
email copy does not replace the required original and copy),
❑ Payroll reports are required the week the Contractor begins work on the construction site, and
continues until the Contractor's scope of work has been completed, excluding return visits to the
construction site to complete final punch -list work;
❑ "No Work Performed" — Payroll reports are required whether the Contractor performs work on the
job site or not. For any week the contractor does not perform work on the construction site, a
payroll reporting form (WH-347) is to be completed and clearly identified 'No Work Performed."
Numbering of the payroll report will remain consecutive with previously submitted reports (work or
no work). The last payroll report submitted by the Contractor is to be identified by indicating
"FINAL" next to the payroll number (#13-FINAL);
❑ Payroll reports are to be completed with the required wage rates and labor classification codes
provided by General Decision #TX100057. TX100034 & TX100036 for the county of Denton,
included in Appendix H of the agreement documents;
❑ IMPORTANT NOTE: If the General Decision provided does not identify the labor classification
code applicable to the scope of work of the employee, please submit an email, requesting further
clarification, to the Grants Coordinator provided below.
Certified Payroll Reporting Contact Information
Grants Coordinator:
Contact Number:
Contact Email:
Anne -Marie Stowe
(817) 695-9145
astowe(W,,nctcoq.orq
Page 1 of 4
General Decision Number: TX100059 04/02/2010 TX59
S uperseded General Decision Number: TX20080059
S tate: Texas
Construction Type: Building
Counties: Johnson, Parker and Tarrant Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories). Use
current heavy and highway General Wage Determination for Paving
Incidental to Building Construction in Tarrant County and for
Paving and Utilities incidental to Building Construction in
remaining Counties.)
Modification Number Publication Date
0 03/12/2010
1 03/26/2010
2 04/02/2010
BRTX0001-007 05/01/2009
Rates Fringes
BRICKLAYER $ 21.06 6.93
* CARP1421-001 04/01/2010
Rates Fringes
MILLWRIGHT $ 23.85 7.25
ELEC0020-004 12/01/2009
Rates Fringes
Electricians:
Cable Splicer $ 26.06 4.50+12.5%
Electrician $ 23.90 4.50+12.50
IRON0263-001 06/01/2009
Rates Fringes
IRONWORKER (Structural) $ 21.60 4.40
SFTX0669-001 01/01/2010
Rates Fringes
S PRINKLER FITTER (Fire
S prinklers) $ 25.90 15.35
S UTX1989-001 11/01/1989
Rates Fringes
httn!//www.wdoI.gov/wdoi/scafiles/davisbacon/TX59.dvb 4/23/2010
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Acoustical Installer $ 11.23
doing drywall hanging only.
CEMENT MASON/CONCRETE FINISHER..
DRYWALL FINISHER/TAPER $
GLAZIER
CARPENTER
(Excluding drywall
hangers, acoustical
installers & batt
insulators) $
$
LABORER (Including Mason
Tenders & Pipelayers)
Landscape Laborer
12.27
10.00
2.22
.76
2.21
1.31
$ 7.46 1.00
7.25
Mechanical Insulator $ 10.92
1.00
PAINTER (Brush and Spray)
(excluding Drywall Finishing)$ 10.47 2.21
P LASTERER $ 11.50
P lumbers and Pipefitters
(Including HVAC work) $ 13.34 2.15
P ower equipment operators:
Backhoes
$ 12.30 1.82
Cranes $ 14.26
Foundation Drill Operators$ 8.54
Graders $ 11.69
2.44
1.80
ROOFER, Including Built Up,
Composition and Single Ply
Roofs $ 9.50 .99
S heet metal worker (Including
HVAC Duct Work) $ 12.63 2.10
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5 5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
http://www.wdol.gov/wdol/scathes/davisbacon/TX59.dvb 4/23/2010
Page 3 of 4
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2 )
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party s position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
http://www.wdol.gov/wdol/scafiles/davisbacon/TX59.dvb 4/71/001 n
Page 4of4
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
htto://www.wdol.uov/wdol/scafiles/davisbacon/TX59.dvb 4/23/2010
Certified Payroll Reporting Representative
PERFORMING PARTY IS TO COMPLETE AND RETURN THIS DOCUMENT TO THE
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS.
Please provide the name and contact information of the person who will be responsible
for submitting Certified Payroll Reports (CPR) for this project
P erforming Party:
P erforming Party's CPR Representative:
P hone Number/Extension:
Fax Number:
Email Address:
Mailing Address:
Mailing City/State/Zip•
THE CERTIFIED PAYROLL REPRENTATIVE MUST BE A REPRESENTATIVE OF
THE AGREEMENT RECIPIENT ONLY; DO NOT SUBMIT CONTACT
INFORMATION FOR ANY CONTRACTORS (PRIME OR SUB) THAT WILL BE
PERFORMING WORK ON THE INFRASTRUCTURE PROJECT,
1
M&C - Council Agenda 7/26/2011 8:59:28 AM
City of Fort Worth, Texas
r an• ouncil ommunication
COUNCIL ACTION: Approved on 3/22/2011 - Ord. No. 19613-03-2011
DATE: Tuesday, March 22, 2011 REFERENCE NO.: C-24804
LOG NAME: 212009NCTCOG_RND2
S UBJECT:
Authorize Application for Acceptance and Execution of a Fiscal Year 2009 American Recovery and
Reinvestment Act Grant Fund Round 2 with the North Central Texas Council of Governments in the
Amount of $259,910.00 for the Purpose of Converting Ten Vehicles to Propane Operation, Upgrade Three
Existing Alternative Fueling Sites and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for, accept and execute, if awarded, a grant from the North Central
Texas Council of Governments for the conversion of ten vehicles to Propane (LPG) operation and the
upgrade of three existing alternative fuel fueling sites in the amount of $259,910.00;
2. Authorize the transfer of $275,470.00 from the General Fund to the Grant Capital Projects Fund for the
required match for the grant;
3 Authorize the transfer of $55,592.00 from the Capital Projects Service Fund to the Grant Capital
P rojects Fund for the required match for the grant;
4 Authorize the transfer of $25,400.00 from the Equipment Services Operating Fund to the Grant Capital
P rojects Fund for the required match for the grant; and
5. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of
$616,372 00 in the Grant Capital Projects Fund.
DISCUSSION:
The Dallas/Fort Worth Metropolitan Area is categorized as a non -attainment area for ozone As such, the
Clean Air Act Amendments of 1990 require the area to show control strategies that will reduce emissions.
On April 4, 2006, the City Council adopted the Clean Fleet Vehicle Resolution (Resolution No. 3334-04-
2006) that outlined the acquisition operation and maintenance standards for the City of Fort Worth's fleet.
When the Federal Government initiated the American Recovery and Reinvestment Act (ARRA) Program
the Department of Energy Clean Cities Petroleum Reduction Technologies grant was created In
September 2010, the Equipment Services Department (ESD) submitted a request for a call for projects
under the Department of Energy Clean Cities Petroleum Reduction Technologies grant (Round 2) through
the North Central Texas Council of Governments.
The estimated cost associated with converting the 10 vehicles is $115,670.00. Funding for the purchase of
these vehicles is included with the adoption of the Fiscal Year 2010 budget Based on the ARRA Program
guidelines, the City is eligible to be reimbursed for the incremental difference in cost of the conversions.
The total estimated cost for this project is $472,132 00 The conversion kits for the LPG systems are
manufactured by Roush CleanTech and are the latest technology for direct injection LPG systems.
Page 1 of 2
M&C - Council Agenda 7/26/2011 8:59:28 AM
In 1995, the City of Fort Worth started converting vehicles to operate on Propane (LPG) and constructed
six LPG fueling sites to accomodate the citywide fleet. There are 188 LPG vehicles remaining in the fleet.
In 2005, one of the sites was dismantled when the City moved out of that location (Harley Avenue). In
2010 ESD had one site upgraded at the Southside Service Center to accomodate the newer technology
LPG systems. This grant includes funding to upgrade three of the remaining sites to accomodate the
newer technology. The total cost of the propane fuel site conversion project will be $144,240.00, which is
not funded in the Fiscal Year 2011 budget, but the project is 100 percent funded by the grant.
The price of LPG fuel is approximately $.723 per gallon cheaper at today's cost compared to unleaded
gasoline. In addition to being less expensive, it is a cleaner burning fuel and reduces the dependency on
foreign oil
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
award of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the Grant Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers
1) & 5)l GR74 459409 021203349000
2) & 5)l GR74 472001 021203349000
3) & 51) GR74 472019 021203349000
4) & 511 GR74 472061 021203349000
51) GR74 541360 021203349010
$259.910.00
$275,470.00
$55.592.00
$25.400.00
$616.372.00
CERTIFICATIONS:
Submitted for City Manaaer's Office by:
Oriainatina Department Head:
Additional Information Contact:
ATTACHMENTS
1. 21 2009NCTCOG RND2 AO.doc (Public)
2. fundinaverification.doc (CFW Internal)
FROM Fund/Account/Centers
21) GG01 538070 0807021
211 GG01 538070 0204002
2)) GG01 538070 0807031
21) GG01 538070 0807080
2)1 GG01 538070 0842002
211 GG01 538070 0239002
31) PI19 538070 0209905
41) PI61 538070 0212035
Susan Alanis (8180)
Wayne Corum (5118)
Wayne Corum (5118)
$35.496.00
$23.524.00
$35.496.00
$35.496.00
$101.076.00
$44.382.00
$55.592.00
$25.400.00
Page 2 of 2