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HomeMy WebLinkAboutContract 40651 CITY SECRETARY CONTRACT NO. ,f. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AMERICAN RECOVERY AND REINVESTMENT ACT: North Central Texas Alternative Fuel and Advanced Technology Investments Program Implementation AGREEMENT COVER SHEET TYPE OF AGREEMENT: Reimbursable Activities for American Recovery and Reinvestment Act: North Central Texas Alternative Fuel and Advanced Technology Investments CFDA#: 81.086 FEDERAL PROGRAM NAME: ARRA— Conservation Research and Development AGREEMENT PERIOD: Execution Date through January 29, 2012 MAXIMUM REIMBURSEMENT: $35,147 FUNDING SOURCE: United States Department of Energy (DOE) NCTCOG Contacts North Central Texas Council of Governments Project Manager: 616 Six Flags Drive, Suite 200, Centerpoint Two Carrie Reese P.O. Box 5888 Program Manager Arlington, Texas 76011 817-608-2353 creese nctcog.org Staff Contact: Lori Pampell Clark Sr. Transportation Planner 817-695-9232 Iclark(ab-nctcog.org Agreement Administrator: Trina Stokes Grants and Contracts Coordinator II 817-695-9285 tstokes _nctcoq.orq Performing Party Agreement Coordinator City of Fort Worth Karen L. Montgomery Assistant City Manager 1000 Throckmorton Fort Worth, TX 76102 1 1 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AMERICAN RECOVERY AND REINVESTMENT ACT: North Central Texas Alternative Fuel and Advanced Technology Investments THIS AGREEMENT is entered by and between the North Central Texas Council of Governments (NCTCOG) and City of Fort Worth (PERFORMING PARTY). The NCTCOG enters into this Agreement with the PERFORMING PARTY pursuant to and as authorized by the U.S. Department of Energy (DOE) for the administration of DOE American Recovery and Reinvestment Act (ARRA) grant funds through the North Central Texas Alternative Fuel and Advanced Technology Investments project. The NCTCOG and the PERFORMING PARTY, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. PURPOSE 1.1 Funding Assistance. The purpose of this Agreement is to provide funding to assist the PERFORMING PARTY in implementing the Grant Activities, as defined in Article 2. 1.2 Scope of Service. The PERFORMING PARTY covenants and represents to the NCTCOG that the PERFORMING PARTY will implement or perform tasks as provided for in the Appendix A hereinafter referred to as the "SCOPE". Tasks, as defined in the SCOPE, refer to a set of actions the PERFORMING PARTY must accomplish. Scope Activities, as defined in the SCOPE, relate to the individual vehicle purchase, alternative fuel vehicle conversion, fueling infrastructure and/or training projects that were identified in the PERFORMING PARTY'S Application and approved for implementation, including annual usage requirements as applicable. A unique identifier, the "Scope Activity Number", will be used for reporting and requesting reimbursements. 1.3 Emissions Reductions. The PERFORMING PARTY agrees that emissions reductions provided by each Scope Activity shall be used by the NCTCOG to meet air quality requirements and goals. The PERFORMING PARTY may not utilize emissions reductions to satisfy other air quality commitments. ARTICLE 2. GRANT ACTIVITIES 2.1 Scope Activities. The PERFORMING PARTY shall purchase vehicles, complete alternative fuel conversions, install fueling infrastructure, and/or complete training projects as provided for in the SCOPE. Changes to the SCOPE shall not constitute a modification but must be agreed to by both parties, in writing. Changes to the SCOPE do not require amendment to the Agreement; however the SCOPE as defined in Appendix A, must be updated. Changes to the SCOPE may necessitate submittal of a new Environmental Questionnaire to ensure continued compliance with NEPA, which is further described in Article 2.4. The PERFORMING PARTY may enter into an agreement with a subcontractor, vendor, or other lower-tier contractor to complete the Scope Activities. For the purposes of this Agreement any lower-tier contractor or vendor performing services under agreement with the PERFORMING PARTY shall hereinafter be referred to as "Contractor." 2 _ 2.2 Activity Life. The PERFORMING PARTY will own and operate the grant funded vehicles and/or fueling infrastructure for the duration of the NCTCOG approved Activity Life as identified in the SCOPE. 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/or Tarrant Counties. The PERFORMING PARTY will install and operate fueling infrastructure within the North Texas counties of Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and/or Tarrant as identified in the SCOPE. 2.4 National Environmental Policy Act(NEPA) Requirements. The PERFORMING PARTY and any entities associated with the performance of work under this Agreement shall be restricted from taking any action using Federal funds which would have an adverse affect on the environment or limit the choice of reasonable alternatives prior to receiving NEPA clearance or a final NEPA decision regarding each site location. Prohibited actions include, but are not limited to, vehicle conversion, vehicle deployment, infrastructure work such as demolition of existing buildings, site clearing, ground breaking, construction, and/or detailed design. This restriction does not preclude the PERFORMING PARTY from performing administrative, educational, training, and outreach/marketing related activities. Pursuant to the National Environmental Policy Act (NEPA), prior to initiating any work under this Agreement, the PERFORMING PARTY shall provide a completed Environmental Questionnaire (NETL F. 451.1-1/3) and any supplemental documentation for each location at which work will be conducted under this Agreement to NCTCOG. In the case of a new station, supplemental documentation shall include an environmental site assessment to be performed by a qualified vendor accompanied by a photograph of the site. DOE will provide written notification through NCTCOG regarding NEPA clearance as soon as such determination is made by the National Energy Technology (NETL) NEPA Compliance Officer. The PERFORMING PARTY shall provide additional documentation and other information upon request to the NCTCOG to demonstrate continued compliance with NEPA. For fueling infrastructure projects, the PERFORMING PARTY shall provide copies of permits, site plans, photos with explanations, and applicable engineering reports and site characterizations to NCTCOG within 5 days of finalizing the documents. 2.5 Signage. The PERFORMING PARTY shall apply appropriate signage to grant funded vehicles stating that they are part of a US DOE Clean Cities Award and are powered by an alternative fuel and/or advanced technology. The PERFORMING PARTY shall apply appropriate signage to fueling infrastructure stating that it is part of a US DOE Clean Cities Award. The required US DOE Clean Cities signage will be supplied by NCTCOG. The PERFORMING PARTY shall also apply appropriate signage to fueling infrastructure including all required federal, state, and local fuel dispensing information including, but not limited to fuel contents, safety precautions, etc. For publicly- accessible fueling facilities, the availability and cost of alternative fuels will be displayed and advertised in the same manner as conventional fuels. 2.6 Publications. The PERFORMING PARTY is encouraged to publish or otherwise make publicly available the results of the work conducted under this Agreement. An acknowledgement of Federal support and a disclaimer must appear in the publication of any material, whether copyrighted or not, based on or developed under this Agreement as follows: 2.6.1 Acknowledgment: 'This material is based upon work supported by the Department of Energy under Award Number(s) DE-EE0002548." 3 2.6.2 Disclaimer: 'This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." 2.7 Public Outreach, Marketing, and Training Materials. The PERFORMING PARTY is required to submit one electronic copy and one hard copy of all training materials and all marketing/outreach materials developed in relation to this Agreement. ARTICLE 3. REIMBURSEMENT 3.1 Award Amount. The NCTCOG will reimburse the PERFORMING PARTY's eligible costs of implementing Task(s) as outlined in the SCOPE under the conditions in this Agreement not to exceed the maximum Award Amount of thirty-five thousand, one-hundred forty-seven and 00/100 dollars ($35,147). The maximum Award Amount is not a guarantee of payment. The actual amount of reimbursement may be less than the maximum Award Amount and will be determined under the conditions of this Agreement. 3.2 Eligible Costs. Eligible and allowable expenses are limited to costs determined by the NCTCOG in its sole discretion as eligible costs necessary for Tasks and Scope Activities as identified in the SCOPE and cost principles established in OMB Circular A-87, including, but not limited to; vehicle, conversion, and infrastructure costs; supplies costs; operation and maintenance costs; and reasonable administrative and project management costs. 3.3 Funding Cap. Reimbursement under this Agreement may not exceed 50% of the total eligible cost of implementing the SCOPE. Reimbursement for operation and maintenance costs may not exceed 5% of the total eligible costs. Reimbursement for vehicles shall be limited to the incremental cost as defined in Article 3.4, not to exceed the following: Light Duty Vehicles • For neighborhood electric vehicles: $2,000 per vehicle • For gasoline powered hybrid vehicles: $2,000 per vehicle • For diesel vehicles: $2,000 per vehicle • For gasoline powered plug-in hybrid: $50,000 per vehicle • For all other alternative fueled vehicles: $50,000 per vehicle Medium and Heavy Duty Vehicles • For electric vehicles: $500,000 per vehicle • For all hybrid vehicles powered exclusively by alternative fuels (hybrid electric vehicles, hydraulic hybrid vehicles, and plug-in hybrid electric vehicles): $500,000 per vehicle • For all other alternative fuel vehicles: $200,000 per vehicle 4 • For all other gasoline/diesel powered advanced technology vehicles (which includes hybrid electric vehicles, hydraulic hybrid vehicles, and plug-in hybrid electric vehicles): $200,000 per vehicle 3.4 Incremental Cost. Subject to the Award Amount and Funding Cap described above, NCTCOG will reimburse the PERFORMING PARTY for the incremental cost to purchase new original equipment manufacturer(OEM) vehicles or the conversion of new and/or used conventional vehicles to run on authorized alternative fuels. For new vehicle purchases, incremental cost shall be calculated as the difference between the cost of the alternative fuel or advanced technology vehicle and the cost of a comparable conventional model verified by manufacturer estimate, after all applicable manufacturer and local/state rebates, tax credits, and cash equivalent credits are applied. For vehicle conversions, the incremental cost shall be calculated as the cost of the new fuel system plus installation less applicable manufacturer and local/state rebates and cash equivalent credits. 3.5 Cost Share. The PERFORMING PARTY shall support the Scope Activities by providing Cost Share. The Cost Share shall be defined as unreimbursed eligible costs and must be at least the amount identified in the SCOPE. All Cost Share must be funded from non-Federal sources unless otherwise allowed by law and approved in advance by NCTCOG. If the PERFORMING PARTY discovers inability to provide Cost Share of at least the amount identified in the SCOPE, immediate written notice shall be provided to the NCTCOG. The PERFORMING PARTY shall maintain records of all costs, including costs claimed as Cost Share. Such records are subject to audit. Failure to provide the required Cost Share identified in the SCOPE may result in subsequent recovery by the NCTCOG of some or all the funds provided through this Agreement. 3.6 Decontamination & Decommissioning Costs. Notwithstanding any other provisions of this Agreement, neither the NCTCOG nor DOE shall be responsible for or have any obligation to the PERFORMING PARTY for Decontamination and/or Decommissioning (D&D) of any of the PERFORMING PARTY'S facilities, or any costs which may be incurred by the PERFORMING PARTY in connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the execution of this Agreement. 3.7 Request for Reimbursement. Template Request for Reimbursement forms will be provided by the NCTCOG. All reimbursement requests prepared by the PERFORMING PARTY shall be submitted by January 29, 2012 to the NCTCOG to the attention of the Agreement Administrator identified on the Agreement Cover Sheet. Requests for Reimbursement shall include proof of payment and applicable receipts; shall reflect the total eligible cost; shall detail the portion of cost to be reimbursed by NCTCOG and the portion of cost credited as Cost Share; and shall be accompanied by an Activity Information Form, which is included in Appendix B. NCTCOG may deem a Request for Reimbursement incomplete if the data and/or documentation are incomplete or improper or if the PERFORMING PARTY fails to submit necessary reports or provide other information requested by NCTCOG under the terms of this Agreement. The NCTCOG may reject Requests for Reimbursements which fail to demonstrate that costs are eligible for reimbursement and/or which fail to conform to the requirements of this Agreement. 3.8 Payments. Reimbursement shall be made only upon completion of a Task or Scope Activity. A cost may not be considered incurred, and eligible for reimbursement, until the product or service has been received, accepted, and paid for by the PERFORMING PARTY. Any reimbursement under this Agreement shall be payable only after eligible costs are approved by the NCTCOG. NCTCOG will approve payments as soon as practicable, but not later than 45 days after a complete Request for 5 Reimbursement has been received. Costs incurred prior to execution of this Agreement may not be eligible for reimbursement, subject to any pre-award costs as described in Article 3.9. 3.9 Pre-Award Costs. The PERFORMING PARTY may be entitled to reimbursement for eligible costs incurred on or after October 1, 2009, if authorization for pre-award costs was requested by the PERFORMING PARTY and granted by the DOE, and if such costs are allowable in accordance with the applicable Federal cost principles and eligibility as defined through the terms of this Agreement. 3.10 Balance of Funds. If actual costs are lower than expected and the full Award Amount is not fully utilized, the PERFORMING PARTY may request approval from NCTCOG to use the balance of the Award Amount in a manner consistent with the SCOPE and all requirements of this Agreement, including Cost Share. If this situation arises, the PERFORMING PARTY will notify the NCTCOG Staff Contact and request approval as quickly as possible to ensure timely implementation. 3.11 Return of Funds. The PERFORMING PARTY agrees to return funds received from the NCTCOG for reimbursement of Tasks where the PERFORMING PARTY has failed to comply with the requirements set forth in this Agreement, including but not limited to failure to achieve vehicle or fueling infrastructure usage commitments and/or failure to comply with reporting requirements. 3.12 Availability of Funds. The NCTCOG will fund each Task with one-time funding from the American Recovery and Reinvestment (ARRA) Act: Clean Cities FY09 Petroleum Reduction Technologies Projects for the Transportation Sector. This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited to the receipt and availability of funds which are received from the funding agency by the NCTCOG dedicated for the purpose of this Agreement. There shall be no obligation whatsoever to pay for performance of this Agreement from the monies of the NCTCOG, other than grant funds received by the NCTCOG from DOE for the purposes of reimbursement under this Agreement. ARTICLE 4. TIME OF PERFORMANCE 4.1 Commencement of Service. The PERFORMING PARTY shall commence performance of the SCOPE upon the execution of this Agreement, subject to completion of the NEPA Requirements outlined in Article 2.4, unless the PERFORMING PARTY has received prior authorization to incur pre- award costs as outlined in Article 3.9. 4.2 Deadline for Use of Funds. All Scope Activities shall be completed no later than January 29, 2012. This Agreement shall terminate upon completion of all requirements, unless otherwise terminated by an act as identified in Article 4.3. Certain rights and obligations identified in this Agreement shall survive termination of this Agreement. 4.3 Termination. Either party reserves the right to terminate this Agreement in whole or in part. Notice of termination must be provided in writing, shall set forth the reasons for termination, and shall provide for a minimum of 30 days to cure the defect. Termination is effective only in the event the party fails to cure the defect within the period stated in the termination notice including any written extensions. If the Agreement is terminated, the NCTCOG shall only be liable for payment for services rendered before the effective date of termination. If Agreement is terminated, certain reporting requirements identified in this Agreement shall survive termination of this Agreement. The Parties may terminate this Agreement at any time by mutual written concurrence. 6 ARTICLE 5. RIGHTS 5.1 Authority. The PERFORMING PARTY shall have no authority to act for or on behalf of the NCTCOG except as expressly provided for in this Agreement; no other authority, power, use, or joint enterprise is granted or implied. The PERFORMING PARTY may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the NCTCOG. 5.2 Assignment. Without the prior written consent of the NCTCOG, the PERFORMING PARTY may not transfer or assign any rights or duties under or any interest in this Agreement. ARTICLE 6. REPRESENTATIONS 6.1 Alteration of Original Application. The information and data provided in the original application submitted by the PERFORMING PARTY may have been altered after original submittal to the NCTCOG to ensure that the information and calculations in the application are accurate. The PERFORMING PARTY hereby ratifies, adopts, and agrees to all representations in the Approved Application and deliverables it has provided to the NCTCOG during the proposal process and agrees to give prompt written notice to the NCTCOG if there is any material change in these certifications or deliverables. ARTICLE 7. AMENDMENTS 7.1 Agreement. This Agreement embodies all of the agreements of the parties relating to its subject matter, and supersedes all prior understandings and agreements regarding such subject matter. 7.2 Severability. In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the Parties. 7.3 Changed Circumstance. If future federal, State, or local statute, ordinance, regulation, rule, 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. 7.5 Agreement Documents. This Agreement, including appendices, and the 2009 Clean Cities ARRA Call For Partners Project Guidelines and the Approved Application, which are incorporated herein by reference, comprise the entire Agreement between the NCTCOG and the PERFORMING PARTY. 7 ARTICLE 8. PROCUREMENT AND PROPERTY MANAGEMENT 8.1 Procurement Standards. The Parties shall adhere to the procurement standards established in Title 49 CFR §18.36. The PERFORMING PARTY shall give preference in procurement programs to the purchase of recycled products pursuant to the guidelines established in 40 CFR 247-254. 8.2 Property Management Standards. The Parties shall adhere to the property management standard established in Title 49 CFR §18.32. 8.3 Purchase of American-Made Equipment and Products. It is the sense of the U.S. Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American-made. 8.4 Property. Property and equipment acquired by the PERFORMING PARTY through this Agreement shall be subject to applicable rules set forth in 10 CFR Part 600. The regulations as set forth in 10 CFR Part 600 and the requirements of this article shall apply where such property was acquired in whole in part with funds provided by the NCTCOG under this Agreement or where such property was counted as Cost Share under this Agreement. The PERFORMING PARTY agrees to utilize property and equipment funded through this Agreement for the purposes outlined in the SCOPE and consistent with the goals and objectives of the North Central Texas Alternative Fuel and Advanced Technology Investments Program during the Activity Life defined in the SCOPE. NCTCOG encourages the PERFORMING PARTY to continue to utilize property and equipment acquired through this Agreement for the purposes outlined in the SCOPE and consistent with the goals and objectives of the North Central Texas Alternative Fuel and Advanced Technology Investments Program beyond the Activity Life. At the end of the Activity Life or upon transfer of ownership, the PERFORMING PARTY shall submit to NCTCOG a written certification of the disposition of property and equipment funded through this Agreement. The certification shall describe the continued use and condition of the property, fair market value, remaining useful life of the property, and any actual or anticipated improvements to the property that may increase the value of the property. NCTCOG, at its sole discretion, shall determine if the property or equipment retains any value to NCTCOG and/or DOE at the end of the Activity Life, consistent with 10CFR Part 600. If, at the end of the Activity Life, the property or equipment retains no value to NCTCOG and/or DOE, the PERFORMING PARTY shall have no further obligation to NCTCOG and DOE with respect to the property. If, at the end of the Activity Life, the property or equipment retains value to NCTCOG and/or DOE, and the property or equipment is no longer used for the purposes outlined in the SCOPE, the PERFORMING PARTY may be required to return a portion of funding received under this Agreement to NCTCOG, consistent with 10 CFR Part 600. The PERFORMING PARTY agrees to provide NCTCOG reasonable information concerning the use and condition of the property or equipment upon request. 8 ARTICLE 9. MISCELLANEOUS PROVISIONS 9.1 Property Insurance. The PERFORMING PARTY must maintain sufficient property insurance for the repair or replacement of any Scope Activity for the Activity Life as defined in the SCOPE, unless otherwise expressly agreed upon in writing by the NCTCOG. 9.2 Insurance Claims. Any insurance proceeds received by or on behalf of the PERFORMING PARTY under an insurance policy due to the damage or destruction of a vehicle, alternative fuel conversion, or fueling infrastructure funded under this Agreement must be utilized to repair or acquire an equivalent or better vehicle, alternative fuel conversion, or fueling infrastructure or be paid to the NCTCOG. 9.3 Indemnification. To the extent authorized by law, the PERFORMING PARTY shall indemnify, save and hold the NCTCOG/Regional Transportation Council (RTC), its officials, officers, and employees harmless from any and all actions, obligations, claims, damages, expenses, costs of any kind, debts, negligence, and liabilities arising from, or in any way related to, acts or omissions of the PERFORMING PARTY, its employees, volunteers, Contractors, or clientele, in the performance of, or failure to perform under, this Agreement. 9.4 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by force majeure, defined as reason of war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion, hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. Each party must inform the other in writing within reasonable time of the existence of such force majeure. 9.5 Contractual Relationship. It is understood and agreed that the relationship described in this Agreement between the parties is contractual in nature 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. 9.7 Disputes and Remedies. The PERFORMING PARTY and the NCTCOG shall negotiate in good faith toward resolving any disputes that arise under this Agreement. This Agreement does not limit any remedy or right under law available to a Party to enforce the terms herein. 9.8 Public Comment Process. As applicable, public meeting and public hearing notices regarding the Tasks and Scope Activities funded through this Agreement shall be provided to the NCTCOG within five (5) days of publication. Meeting minutes, summaries of communication, and copies of written responses to public comments and questions shall be transmitted to the NCTCOG Staff Contact person as identified on the Agreement cover sheet within thirty (30) days following the meeting. 9 9.9 Notice. All notices regarding this Agreement shall be in writing and shall be delivered to the addresses shown below, as applicable, with a copy provided to the NCTCOG Project Manager and the PERFORMING PARTY'S Agreement Coordinator identified on the Agreement Cover Sheet. NCTCOG Mailing Address: Physical Address: Michael Morris, P.E., Michael Morris, P.E., Transportation Director Transportation Director Transportation Department Transportation Department P.O. Box 5888 616 Six Flags Drive Arlington, Texas 76005-5888 Arlington, Texas 76011 Mailing Address: Physical Address: Karen L. Montgomery Same Assistant City Manager 1000 Throckmorton Fort Worth, TX 76102 ARTICLE 10. AUDITS AND EVALUATIONS 10.1 Submission of Audits. As applicable, The PERFORMING PARTY shall provide the NCTCOG, for its review, a copy of any audit received as a result of policy or audits of federal and state governments relating to the expenditure of funds under this Agreement. Such audits shall include or be accompanied by any applicable audit management letter issued and applicable responses to the auditor's findings and recommendations. All audits shall be submitted to the NCTCOG within thirty (30) days of receipt of each issued report. 10.2 Single Audit Act. As applicable, the PERFORMING PARTY shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000, and stipulated in OMB Circular A-133 after August 31, 2000. 10.2.1 Recovery Act Expenditures. As applicable, and if covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations,"the PERFORMING PARTY agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A- 133. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. 10.3 Capital Assets and Usage Records. The PERFORMING PARTY shall authorize the NCTCOG, DOE, or their designees to inspect, with or without notice, vehicles, alternative fuel conversions, and/or infrastructure, including usage records, purchased by the PERFORMING PARTY with funds provided for under this Agreement. 10.4 Financial Records. The PERFORMING PARTY understands that acceptance of funds under this Agreement acts as acceptance of the authority of the NCTCOG, DOE, or their designees to conduct an audit or investigation in connection with those funds. The PERFORMING PARTY further agrees to cooperate fully with the NCTCOG, DOE, or their designees in the conduct of an audit or 10 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. The NCTCOG, DOE, and their duly authorized agents shall have access to all records that are directly applicable to this Agreement for the purpose of making audit examinations. ARTICLE 12 - REPORTS 12.1 Reporting. The PERFORMING PARTY shall provide the NCTCOG with all reports detailed in the SCOPE. In addition, upon the NCTCOG's request, the PERFORMING PARTY shall provide information pertaining to the Tasks and Scope Activities as identified in the SCOPE. 12.1.1 Comprehensive ARRA Reporting. The PERFORMING PARTY shall submit quarterly Comprehensive ARRA Reports to NCTCOG for the duration of this Agreement using the template provided in Appendix C. The Comprehensive ARRA Report is due by the 5th day of the first month following the end of the quarter (January 5; April 5; July 5; and October 5). The Comprehensive ARRA Report may be submitted by fax, email, or traditional mail to the Agreement Administrator identified on the Agreement Cover Sheet. 12.1.2 Quarterly Usage Reporting. The PERFORMING PARTY shall submit a Quarterly Usage Report to NCTCOG due by the 15th day of the first month following the end of the quarter(January 15; April 15; July 15; and October 15) for the duration of the Activity Life, on- line or by fax, email, or traditional mail to the Staff Contact identified on the Agreement Cover Sheet. 12.1.3 Certified Payroll Records. Pursuant to the Davis-Bacon Act, if the SCOPE of this Agreement includes construction, alteration, or repair activities exceeding $2,000, the PERFORMING PARTY shall submit weekly certified payroll records to NCTCOG for each week that applicable work is performed. Certified Payroll Records shall be submitted by traditional mail or hand-delivered to the Agreement Administrator identified on the Agreement Cover Sheet using the template provided in Appendix D. Certified Payroll Reports must include original signatures and are due by 5:00 P.M. on Friday of the following week. 11 ARTICLE 13 -ASSURANCES 13.1 Equal Employment Opportunity. The PERFORMING PARTY and Contractors must be in compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The PERFORMING PARTY and its Contractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The PERFORMING PARTY and its Contractors shall take affirmative actions to ensure that applicants are employed, and that employees are treated, during their employment, without regard to their race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 13.2 Nondiscrimination on the Basis of Disability. The PERFORMING PARTY agrees that no otherwise qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination. The PERFORMING PARTY shall ensure that all fixed facility construction or alteration and all new equipment funded through this Agreement comply with applicable regulations regarding Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance, set forth in 49 CFR, Part 27 and any amendments thereto. 13.3 Drug-Free Workplace. The PERFORMING PARTY and Contractors must comply with drug- free workplace requirements in Subpart B of 10 CFR part 607, which implements sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub. L. 100-690,Title V, Subtitle D; 41 U.S.C. 701, et seq.). 13.4 Noncollusion. The PERFORMING PARTY warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the PERFORMING PARTY breaches or violates this warranty, the NCTCOG shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. 13.5 Gratuities. Any person doing business with or who, reasonably speaking, may do business with the NCTCOG under this Agreement may not make any offer of benefits, gifts or favors to employees of the DOE, NCTCOG, or representatives of NCTCOG committees or boards. Failure on the part of the PERFORMING PARTY to adhere to this policy may result in termination of this Agreement. 13.6 Debarment/Suspension. The PERFORMING PARTY and Contractors shall comply with the special provision "Certification Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions," which is included as Appendix E of this Agreement. The PERFORMING PARTY shall include a statement of compliance with the Certification Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions in applicable procurement solicitations. Certification Requirements for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions shall be completed by Contractors and included in Contractor contracts, as applicable. PERFORMING PARTY must notify NCTCOG if PERFORMING PARTY or Contractors become debarred or suspended during performance of this 12 Agreement. Debarment or suspension of the PERFORMING PARTY may result in immediate termination of this Agreement. 13.7 Restrictions on Lobbying. The PERFORMING PARTY and Contractors are prohibited from using monies for lobbying purposes; the PERFORMING PARTY shall comply with the special provision "Restrictions on Lobbying,"which is included as Appendix F of this Agreement. The PERFORMING PARTY shall include a statement of compliance with the Lobbying Certification and Disclosure of Lobbying Activities in applicable procurement solicitations. Lobbying Certification and Disclosure of Lobbying Activities shall be completed by Contractors and included in Contractor contracts, as applicable. 13.8 Disadvantage Business Enterprises (DBE). NCTCOG encourages PERFORMING PARTY to take all necessary affirmative steps to assure that Minority-owned Business Enterprises (MBE), Women-owned Business Enterprises (WBE), Historically Underutilized Business (HUB), Small Business Enterprise (SBE), and Labor Surplus Area Firms (LSAF) are used when possible. The PERFORMING PARTY shall provide DBE certificates for any DBE receiving funding under this Agreement. NCTCOG suggests that the PERFORMING PARTY comply by taking the following affirmative steps: - Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. - Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises. - Requiring any PERFORMING PARTY Contractors to take the affirmative steps listed in this Article. 13.9 Copeland "Anti-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 the NCTCOG. 13.10 Compliance with Regulations. During the performance of this Agreement, the PERFORMING PARTY, for itself, its assignees, and successors agrees to obtain any required permits and comply with all applicable local, state, and federal regulations. 13.11 Interest of Public Officials. No member, officer, or employee of the public body or of a local public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 13.12 Construction Management and Oversight. As applicable, the PERFORMING PARTY shall ensure appropriate management of any construction activities, including compliance with applicable local construction regulations and permitting requirements. The PERFORMING PARTY shall ensure that construction activities comply with prevailing wage requirements of the Davis-Bacon Act. Upon 13 request, the PERFORMING PARTY shall provide to the NCTCOG, DOE, or its designee applicable documentation confirming compliance with construction regulations. ARTICLE 14 -SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 14.1 Segregation of Costs. The PERFORMING PARTY must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. 14.2 Prohibition on Use of Funds. None of the funds provided under this Agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 14.3 Access to Records. With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized: 14.3.1 To examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and 14.3.2 To interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. 14.4 Publication. An documentation created by the PERFORMING PARTY and provided to NCTCOG under this Agreement which contains technical data and other data, including trade secrets and/or privileged or confidential information, which the PERFORMING PARTY does not want disclosed to the public or used by the Government for any purpose other than for performance of the Tasks outlined in this Agreement should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the documentation with the following Notice as well as referring to the Notice on each page to which the Notice applies: "Notice of Restriction on Disclosure and Use of Data: The data contained in pages ---- of this documentation have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if an award is granted as a result of or in connection with the submission of this documentation, the DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source. " Information about this Agreement will be published on the Internet and linked to the website www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when 14 necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. 14.5. Protecting State and Local Government and Contractor Whistleblowers. The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: 14.5.1 Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct), a court or grand jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: • gross mismanagement of an agency contract or grant relating to covered funds; • a gross waste of covered funds; • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; • an abuse of authority related to the implementation or use of covered funds; or • as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to covered funds. 14.5.2 Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys'fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. 14.5.3 Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. 14.5.4 Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of the American 15 Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). 14.6 False Claims Act. The PERFORMING PARTY shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. 14.7 Information in Support of Recovery Act Reporting. The PERFORMING PARTY may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. The PERFORMING PARTY shall provide copies of backup documentation at the request of the NCTCOG, DOE, or designee. 14.8 Availability of Funds. Funds appropriated under the Recovery Act and obligated to this Agreement are available for reimbursement of costs until September 30, 2015. 14.9 Required Use of American Iron, Steel and Manufactured Goods (Covered Under International Agreements). The PERFORMING PARTY shall comply with provisions of Section 1605 of the American Recovery and Reinvestment Act of 2009 which requires all iron, steel, and manufactured goods used in performance of work under this Agreement to be produced in the United States; and which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. Additional details regarding Section 1605 of the ARRA are provided in Appendix G. The PERFORMING PARTY may request a determination of inapplicability of Section 1605 of the Recovery Act or the Buy America Act for the SCOPE of this Agreement. Any request for determination of inapplicability must be submitted to NCTCOG by the PERFORMING PARTY. 14.10 Davis Bacon Prevailing Wage Term and Condition. As applicable, in the event the PERFORMING 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. Employees of local governments are not subject to the Davis-Bacon Act; however, all applicable Contractors are subject to Davis-Bacon Act requirements, including reporting requirements outlined in Article 12.1.3. The PERFORMING PARTY shall maintain payroll records for a period of three years for all laborers and mechanics performing work applicable to the requirements of the Davis-Bacon Act. Payroll records shall contain the name, address, and social security number of each worker, his or her classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions taken from income, and actual wages paid. Appendix H includes additional details regarding Wage Rate Requirements under Section 1606 of the Recovery Act and Davis Bacon Act and Contract work hours and Safety Standards Act and wage determination data for North Central Texas Counties. 16 APPENDICES The following appendices are attached and made part of this Agreement. Appendix A Scope of Service Appendix B Activity Information Form Appendix C Comprehensive ARRA Reporting Form Appendix D Payroll Reporting Form Appendix E Lower Tier Participant Debarment Certification Appendix F Lobbying Certification and Disclosure of Lobbying Activities Appendix G Required Use of American Iron, Steel, and Manufactured Goods Appendix H Wage Rate Requirements under Section 1606 of the Recovery Act, Davis Bacon Act, and Contract Work Hours and Safety Standards Act; and Wage Determinations for the North Central Texas Region IN WITNESS WHEREOF, the Parties lye xecuted this 6gree ent in duplicate original at Arlington, Tarrant County, Texas, the o5 ' day of 2010. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS R. Mich a astland Executive Director, NCTCOG PERFORMING PARTY CITY OF FORT WORTH RECOMMENDED BY ADMINISTERING DEPARTMENT: Karen L. Montgomery Wayne C um Assistant City Manager �� Equipment Services Director ATTEST: APPROVED AS FO M AND LEGALITY: Marty Hendrix ORT��i1 C. Patrick Philli City Secretary p (� 00000,o*0o O�j� Assistant City Attorney d 0 o d Cor+tract. Au`.hor:zatiop °o 00 `iFCrO 00 Q000000 a�d t `vt' Pte+ l Date Appendix A Scope of Service AMERICAN RECOVERY AND REINVESTMENT ACT: North Central Texas Alternative Fuel and Advanced Technology Investments APPENDIX A SCOPE OF SERVICE CITY OF FORT WORTH The City of Fort Worth will upgrade one (1) private access refueling facility to provide ethanol (E85). The project has been assigned the following Project Number, and each activity has been assigned an Activity Number, both of which shall be used when tracking and reporting to NCTCOG. Project Number: ARRA-DOE-04 The Scope of Service (Scope) contains information on the activities to be conducted and the expenses that will be reimbursed under the Agreement. All grant-funded scope activities must be in service by January 29, 2012. Grant funding is applicable to approved equipment, supply, and administrative costs directly related to the incremental costs of vehicle purchases, conversion kit purchase and installation, and/or refueling/recharging infrastructure implementation. Pursuant to the cost share commitments identified by the City of Fort Worth upon application for grant funds, total grant funding reimbursed cannot exceed 40.7 percent (40.7%) of the actual costs of project implementation. The minimum number of each activity type to be accomplished with the grant award is outlined in the "Approved Application Summary', along with a maximum award amount and committed cost share. If actual expenses are lower than expected and the full award amount is not fully utilized, the City of Fort Worth may request approval from NCTCOG to use the balance of grant funds in a manner consistent with all requirements of this Agreement and Scope, including cost share requirements. If this situation arises, the City of Fort Worth will notify the NCTCOG Staff Contact and request approval as quickly as possible to ensure timely implementation. TASK 1 — Implementation of Fueling Infrastructure The City of Fort Worth will construct and/or expand fueling infrastructure to provide alternative fuel as outlined in the Approved Application Summary. The City of Fort Worth will ensure that all applicable federal, State, and local laws and regulations are followed related to the construction and/or use of alternative refueling infrastructure, including National Environmental Policy Act (NEPA) requirements and/or other necessary environmental reviews. In addition, the City of Fort Worth will adhere to all special provisions of the American Recovery and Reinvestment Act, including required use of American iron, steel, and manufactured goods and wage requirements (Sections 1605 and 1606 of the ARRA), as identified in the Agreement. Arwroved ADDlication Summa — Fuelina Infrastructure Fuel Average Maximum Activity Project Project Number of Annual Expense Award Committed Number Description Location Types) Dispensers Gallons Category Amount Cost Share Provided Dispensed Upgrade 1013 Private Cherry 1 Access St., Fort E85 1 14,500 Equipment $35,147.00 $51,107.00 Refueling Worth, Facility TX TOTAL $35,147.00 $51,107.00 TASK 2—Operation The City of Fort Worth will own and operate the grant-funded infrastructure for a minimum of a five-year Activity Life for each funded activity. The City of Fort Worth will display the American Recovery and Reinvestment Act (ARRA) and/or US Department of Energy (DOE) Clean Cities logo at all funded fueling infrastructure facilities in a manner clearly visible to the public for the duration of the approved activity life. The required US DOE Clean Cities signage will be supplied by NCTCOG. In addition, the City of Fort Worth shall apply appropriate signage to fueling infrastructure including all required federal, State, and local fuel dispensing information including, but not limited to fuel contents, safety precautions, etc. TASK 3— Public Awareness, Marketing, and Training The City of Fort Worth will promote awareness of grant-funded activities among peer organizations as well as the general public. The City of Fort Worth will make good faith efforts to pursue opportunities to promote the project and educate the community about the benefits of alternative fuels and advanced technologies, including press releases, presentations at professional organization events, and education to citizens through city publications or Web sites. All public awareness, marketing, and training activities will be clearly documented and reported to NCTCOG. The City of Fort Worth agrees to provide to NCTCOG copies of any materials developed, including, but not limited to, press releases, brochures, training manuals, etc. TASK 4— Reimbursement and Reporting The City of Fort Worth will complete all reporting and reimbursement requirements as set forth in the Agreement and Scope. Specific reporting requirements and their frequencies are detailed below. Request for Reimbursement With each Request for Reimbursement, the City of Fort Worth must submit documentation proving payment and/or expenses, such as invoices, cancelled checks, or labor reports. In addition, a completed Activity Information Form(s), included as Appendix B, must be submitted, as applicable, for each activity for which reimbursement is requested. The final Request for Reimbursement is due to NCTCOG no later than January 29, 2012. Comprehensive ARRA Reportinq Comprehensive ARRA Reporting must be submitted by the fifth day of each month following each quarter of the project period. The report shall be submitted to the Agreement Administrator as identified on the front of the Agreement, using the template provided in Appendix C. Quarterly Usage Report A Quarterly Usage Report must be submitted by the 15`h day of each month following each quarter of the project period, for the duration of the approved Activity Life. Required reporting will include the following information for each activity: • For Infrastructure Activities • Actual Gallons Dispensed for the Quarterly Reporting Period • Actual Cumulative Gallons Dispensed • Average Price of Alternative Fuel Over Quarterly Reporting Period • Operational Changes (if any, such as significant maintenance/repair needs, temporary closings, etc.) Quarterly usage reporting will be completed online through the NCTCOG Web site (www.nctcoa.ora). A user name and password will be provided prior to the end of the first reporting period. Certified Payroll Reports Weekly Certified Payroll Reports must be submitted by 5 p.m. on the Friday of the week following the reporting period for any week in which applicable work is performed. The required weekly payroll reporting form is provided in Appendix D and shall also be completed for Contractors. Reports with original signatures must be submitted by to the Agreement Administrator. Scanned or faxed copies are not acceptable. Schedule Task Date Certified Payroll Weekly Certified Payroll Reports must be submitted by 5 p.m. on Records the Friday of the week following the reporting period for any week in which applicable work is performed. Due by the fifth day of each month following the quarter of project activity, for the duration of the Agreement period: Comprehensive • January 5 for activity from October 1 —December 31, ARRA Reporting • April 5 for activity from January 1 — March 31, • July 5 for activity from April 1 —June 30, and • October 5 for activity from July 1 —September 30 Task Date Due by the 15th day of each month following the quarter of project activity, for the duration of Activity Life: Quarterly Usage • January 15 for activity from October 1 —December 31, Reporting 0 April 15 for activity from January 1 — March 31, • July 15 for activity from April 1 —June 30, and • October 15 for activity from July 1 —September 30 Project Completion January 29, 2012 Deadline Final Request for January 29, 2012 Reimbursement Written Certification of Required at end of Activity Life or upon transfer of ownership Disposition for all grant-funded vehicles and equipment Appendix B Activity Information Form gtkc / — o co � n [ 2 \ \ LL k ' co� ■ k C / CL § v 2 / 0:3 f k c E 0 z co LU LL Q) c e u 2 % : 2 / 2f � ■ � � ƒ � $ > . a c � � 0 \ o f § cu e 2 7 7j-D G co 00 2 0 ■ � � G § § t m m o v 0 \ k ■ 2 � � � � Q a t . � w � \ � © 0) § $ £ c CL g \ k 0o @r $ f & Qd % / ul q CL ƒ k ƒ § § \ § f e 't �E 0 $ u # > E C § q w § & \ U � k a ° � 2 � � cr CU 0 / 3 / & / u » § a � I 7 / -LL:> ) = a » $ « L 2 ? @ a = e � 2 ° e -0 Q) o eeeE / / ¢ ? § '? § RR / 2 q q 22 Q ® u — ff c LL / ) § a cn I » 2m E E OL m § > / I a U ■ Kga � — 222 O O v Co � a v N CD N O .v_ .a Iu: cn L N N cc E C1 -0 ca 5 V ++ C LO E N N 7 p_ N C C ZQ > O Im U O O 0 O cc m '> a a� C C) O •z E t = a o ro 4) a ` U- 'roa 'C a� —a v ro C O o ac N ro ro > Oa ° ca ai cc C �. L Z 7 LL d > + N > ;.. ea � CD cu cOi U *; = cr) O ., N J Q C O U O N x c a 4 > a F- o Q � c L — c m � V o CL o Z w E C CO O O zQ 0 N L F- 0 V Cl) C U-l cu U cu CD Z L a N O 0 41 N co j O C C V Z CT to U) Q (n CL Cn Appendix C Comprehensive ARRA Reporting Form COMPREHENSIVE ARRA REPORTING 1. Performing Party Name: 2. Reporting on Scope Activity Number(s): 3. Select Reporting Period: Quarter 1 (October— December) Quarter 2 (January—March) Quarter 3 (April —June) Quarter 4 (July—August) 4. Description of work/grant activities completed during this quarter. 5. Dollar amount of work/grant activities completed during this quarter. 6. Description of public awareness/marketing/training activities completed during this quarter. Attach one hard copy and one electronic copy of any materials produced. 7. Discussion of work/grant activities to be completed during the next quarter. 8. Complete the attached Quarterly Work Hours Reporting form for employee work hours that are paid with ARRA funding. 9. Are you a Certified Disadvantage Business Enterprise (DBE)? No Yes (if yes, attach Certification) 10. If you answered yes to question 9, what type of business enterprise (check all that apply): Historically Underutilized Business (HUB) _ Small Business Enterprise (SBE) Labor Surplus Area Firms (LSAF) Woman-owned Business Enterprise (WBE) Minority-owned Business Enterprise (MBE) 11. Performing Party Contractor information: Name&Address(City,State,Zip Code-4 digit) Dollar DUNS# Product DBE Certification Value Code (attach Certificate) HUB SBE WBE MBE LSAF HUB SBE _ WBE MBE LSAF HUB SBE WBE MBE LSAF HUB SBE WBE MBE LSAF HUB SBE WBE MBE_ LSAF Certification Statement certify to the best of my knowledge and belief that the data provided on this report are correct and complete, and in compliance with all provisions of the Agreement. PERFORMING PARTY Signature Print Name Date Quarterly Work Hours Reporting Reporting Period Quarter Recovery Act Hours worked Employee Name and Full-Time or Hours Work funded b # Job Title Funded Part-Time Total y Yes or No Recovery Act 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Instructions Comprehensive American Recovery and Reinvestment Act (ARRA) Reporting Definitions: Job Funded by the ARRA is a position in which wages/salaries are paid for or will be reimbursed by ARRA funding. Procurement is the acquisition through contract, order, purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. Minority Business Enterprise (MBE) is a business concern that is (1) at least 51 percent owned by one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. Woman Business Enterprise (WBE) is a business concern that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women and (2) whose daily business operations are managed and directed by one or more of the women owners. Historically Underutilized Business (HUB) is a business (except tribally-owned concerns) that is (1) a small business by SBA standards (2) owned and controlled at least 51% by U.S. citizens, or a Community Development Corporation, or an agricultural cooperative or an Indian tribe (3) its principal office must be located within a "Historically Underutilized Business Zone," which includes lands considered "Indian Country' and military facilities closed by the Base Realignment and Closure Act and (4) at least 35% of its employees must reside in a HUBZone. Small Business Enterprise (SBE) is an independent business having fewer than 500 employees. Labor Area Surplus Firm (LASF) is a geographical area identified by the Department of Labor as an area of concentrated unemployment or underemployment or an area of labor surplus. Equipment is any tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. Contractor means an entity that enters into a contractlagreement with Performing Party. Performing Party Information: 1. Self-explanatory 2. Activity number can be found in the Scope of Service, Appendix A of the Agreement 3. Self-explanatory 4. Provide a brief description of the status of the project or activity by outlining work that has been completed during the reporting period. 5. Dollar amount spent for project or activity. Can include amount in which a request for reimbursement has not been submitted. 6. Outline any activities or events which have been conducted for the purpose of informing the general public or professional associates specifically about this project and/or the benefits of alternative fuels or advanced technologies. Activities may include, but are not limiters to, online or print articles, web site postings, media events, or presentations. Include the audience and attach one hard copy and one electronic copy of any materials. 7. Describe work/grant activities to be completed during the next quarter. 8. Provide information for all employees whose labor hours are paid with ARRA funds for the reporting quarter. Data must be reported on the Quarterly Working Hours Reporting forms. 9. Based on the definition above, select yes or no if your entity is or is not certified as a DBE enterprise. 10. Select all DBE type that applies to your entity and attach a copy of the Certificate. 11. If your entity received goods/services this reporting quarter, provide 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 Light Duty Vehicles 2 = Neighborhood Electric Vehicles 3 = Gasoline Powered Hybrid Vehicles 4 = Diesel Vehicles 5 = Gasoline Powered Plug-In Hybrid 6 = Other Alternative Fueled Vehicles Medium and Heavy Duty Vehicles 7 = Electric Vehicles 8 = Hybrid Vehicles Powered by Alternative Fuels 9 = Other Alternative Fueled Vehicles 10 = Other Gasoline/Diesel Powered Advanced Technology Vehicles Column 5: If applicable, based on the definition above, select DBE Certification type for Contractor. Select all DBE types that apply, and attach a copy of the Certificate. 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D C 'an OL f— yL am m s LL .0 .L.L N N :p -p a) 'O m Q.-: >, d m W O a) a) a) a) a) M m N O O) _0 2 I E > >,-0 Ey�� na _ Boa m w m m CD O m m a)a N > a 0 a) CM m E Z a o n E p D� c E 6)- m n n m > aE� aa)) 3�co m 3 c mLL w r y— CUM r c a) o 0 m T H c-3 3 m ti H m m L) H O C V a) a) C Y Q) N' a) L np a) ENU nw vnam a) O M 0 CL CL CL p _ 70 N 3w M- U m U m Q(A Appendix E Lower Tier Participant Debarment Certification LOWER TIER PARTICIPANT D 13A act, CERTIFICATION (Negotiated Jack Dale , being duly (Name of cerdl9 official) penalty of perjury under the laws of the United States, certifies that neither sworn or p , nor its principals city of Fort Worth (Name of lower tier paNcipant) are presently: • debarred, suspended, proposed for debarment, • declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency above identified lower tier participant is unable to certify to any of the above Where the ros active participant shall indicate below to whom the statements in this certification, such y� and dates of action. exception applies,the initiating ag e result in criminal prosecution or ' not necessarily result in denial of award but will be considered in determining Exceptions well false information may contractor responsibility. Providing administrative sanctions. EXCEPTIONS: Signatur Certifying Official Title Date of Certification Form 1734 Rev.10-91 TPFS Appendix F Lobbying Certification and Disclosure of Lobbying Activities LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid 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 - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Equipment Services Director Title City of Fort Worth Agency July 8. 2010 Date TxDOT 1-91 TPFS DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities See instructions for public burden disclosure 1. Type of Action: 2. Status of Action: 3. Report Type: ❑ a. contract ❑ a. bid/offer/application ❑ a. Initial filing ❑ b. grant ❑ b. Initial award ❑ b. material charge ❑ c. cooperative agreement ❑ c. post-award ❑ d. loan For Material Change Only: ❑ e. loan guarantee year quarter ❑ f. loan insurance date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter ❑ Prime ❑ Tier if known Name and Address of Prime: 6. Department Agency: 7. Program Name/Description: 8. Action Number,If known: 9. Award Amount,if known: 10.a. Name and Address of Lobbying Entity b. Individuals Performing Services(including address if (if individual,last name,first name,MI): different from No.10a) (last name,first name, MI): (attach Continuation Sheet(s)SF-LLL-A,if necessary 11.Amount of Payment(check all that apply). 13.Type of Payment(check all that apply): ❑ a. retainer $ ❑actual ❑ planned ❑ b. one-time fee ❑ c. commission 12.Form of payment(check all that apply): ❑ 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 Sheets SF-LLL-A,if necessary) 15.Continuation sheets SF-LLL-A attached: J Yes 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: Title: Telephone: Date: NCTCOG Use Only: Authorized for Local Reproduction Standard Form-LLL INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime recipient,at the initiation or receipt of a covered action, or a material change to a previous filing. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an employee of the NCTCOG, a Member of the Regional Transportation Council(RTC),an officer or employee of the Regional Transportation Council(RTC),or an employee of a Member of the Regional Transportation Council (RTC) in connection with a covered action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. 1. Identify the type of covered action for which lobbying activity is and/or has been secured to influence the outcome of a covered action. 2. Identify the status of the covered action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered action. 4. Enter the full name address city,state and zip code of the reporting entity. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee e.g.,the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address,city,state and zip code of the prime recipient. 6. Enter the name of the agency making the award or loan commitment. 7. Enter the program name or description for the covered action(item 1.) 8. Enter the most appropriate identifying number available for action identified in item 1 (e.g., Request for Proposal (RFP) number; invitation for Bid (B) number, grant announcement number; the contract grant, or loan award number; the applicatiordproposal 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 appropriate boxes(s). Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity,not just time spent in actual contract with officials. Identify the employee of the NCTCOG,the Member of the Regional Transportation Council(RTC),an officer or employee of the Regional Transportation Council (RTC), or the employee of a Member of the Regional Transportation Council (RTC) in connection with a covered. 15. Check whether or not a SF-LLL-A Continuation Sheet(s)is attached. 16. The certifying official shall sign and date the form,print his/her name,title,and the telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. DISCLOSURE OF LOBBYING ACTIVITIES CONTINUATION SHEET Reporting Entity: Page of Authorized for Local Reproduction Appendix G Required Use of American Iron, Steel, and Manufactured Goods REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)--SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (a) Definitions. As used in this award term and condition-- Designated country— (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and/or manufactured goods— (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. Domestic iron, steel, and/or manufactured good — (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been-- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, 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 the overall cost of the project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. 1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, including-- (A) 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 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 surrey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of measure Quantity Cost(dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.] [Include other applicable supporting information.] [*Include all delivery costs to the construction site.] Appendix H Wage Rate Requirements under Section 1606 of the Recovery Act Davis Bacon Act and Contract Work Hours and Safety Standards Act and Wage Determinations for North Central Texas WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis- Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). (b) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 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. (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. (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 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 parry, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/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 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 29CFR5.12. (4) Apprentices and trainees- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract. (6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause. (7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 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. (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. Page 1 of 3 General Decision Number: TX080057 09/11/2009 TX57 Superseded General Decision Number: TX20070059 State: Texas Construction Type: Building Counties: Collin and Denton Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories) . Use current heavy and highway General Wage Determination for Paving and Utilities incidental to Building Construction.) Modification Number Publication Date 0 02/08/2008 1 07/24/2009 2 08/21/2009 3 09/11/2009 * IR0N0263-001 06/01/2009 Rates Fringes IRONWORKER (Structural) . . . . . . . . . .$ 21.60 4.40 ---------------------------------------------------------------- * SUTX1989-002 11/01/1989 Rates Fringes Acoustical Installer. . . . . . . . . . . . .$ 12.27 CARPENTER (Excluding Acoustical Installers & Drywall Hangers) . . . . . . . . . . . . . . . . .$ 12.36 1.38 DRYWALL HANGER. . . . . . . . . . . . . . . . . . .$ 12.17 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 13.10 1.97 Laborer, Unskilled (Excluding Landscape Laborers) . . . . . . . . . . . . . .$ 7.25 .86 Painters: Brush & Spray. . . . . . . . . . . . . . .$ 10.15 Painters doing drywall finishing only. . . . . . . . . . . . . .$ 10.08 PAPERHANGER. . . . . . . . . . . . . . . . . . . . . .$ 12.50 2.20 Plumbers and Pipefitters (Including HVAC Work) . . . . . . . . . . . .$ 12.47 1.87 Power Equipment Operator Cranes. . . . . . . . . . . . . . . . . . . . . .$ 15.00 2.85 ROOFER, Including Built Up, Composition and Single Ply Page 2 of 3 Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10.17 1.10 Sheet metal worker (Including HVAC Duct Work) . . . . . . . . . . . . . . . . . .$ 10.94 1.45 SPRINKLER FITTER. . . . . . . . . . . . . . . . .$ 12.00 2.30 ----------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29C FR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the 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 'Rage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 rags J U, 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 tHour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 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 q. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION � in�rilntn Page 1 of 4 General Decision Number: TX080058 01/01/2010 TX58 Superseded General Decision Number: TX20070060 State: Texas Construction Type: Building Counties: Dallas, Ellis, Kaufman and Rockwall Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories) . Use current HIGHWAY GENERAL WAGE DETERMINATION FOR PAVING AND UTILITIES INCIDENTAL TO BUILDING CONSTRUCTION) Modification Number Publication Date 0 02/08/2008 1 03/28/2008 2 04/11/2008 3 06/06/2008 4 12/05/2008 5 01/23/2009 6 04/10/2009 7 07/24/2009 8 09/11/2009 9 10/09/2009 10 11/27/2009 11 12/04/2009 12 01/01/2010 BRTX0001-006 05/01/2009 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 21.06 6.93 ---------------------------------------------------------------- CARP0429-001 05/01/2008 Rates Fringes CARPENTER. . . . . . .. . . . . . . . . . . . . . . . .$ 23.20 6.81 ---------------------------------------------------------------- ELEC0020-003 12/01/2009 Rates Fringes Electricians: Cable Splicer. . . . . . . . . . . . . . .$ 26.06 4.50+12.5% Electrician. . . . . . . . . . . . . . . . .$ 23.90 4.50+12.5% ---------------------------------------------------------------- ENGI0178-003 06/01/2009 Rates Fringes Cranes: Hydraulic Crane (35 ton s under) . . . . . . . . . . . . . . . . . . . . . .$ 23.70 9.35 Page Z of 4 Hydraulic over 35 tons,Derricks, Overhead Gentry,Stiffleg,Tower, etc., and Cranes with Piledriving or Caisson 9.35 attachements. . . . . . . . . . . . . . . .5 24.70 IRON0263-002 06/01/2009 Rates Fringes Ironworkers: $ 21,60 Structural. . . . . . . . . . . . . . . . . . -4_40------- pLAS0061-001 05/01/1993 Rates Fringes PLASTERER. . . . . . . . . . . . . . . . .$ 15.06 -------------------------------------------------------9-------- * SFTX0669-001 01/01/2010 Rates Fringes SPRINKLER FITTER (Fire • • . . • . $ 25.90 15.35 Sprinklers) . . . . . . . . . . . --------- SUTX1989-005 11/01/1989 Rates Fringes Acoustical Installer. . . . . . . . . . . . .$ 12.16 Brick Tender. . . . . . . . . . . . . . . . . . . . ,$ 8.60 1.30 CEMENT MASON/CONCRETE FINISHER. . .$ 11038 DRYWALL HANGER. . . . . . . . . . . . . . . . . . .$ 11.71 FLOOR LAYER: CARPET (SOFT) _ .$ 13.13 FLOOR. . . . . . . . . . . . . . . . . . . . . . . . . GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.26 1.10 IRONWORKER, REINFORCING. . . . . . . . . .$ 10.33 2.94 Laborer, Unskilled (Excluding $ 7.58 1.30 Landscape Laborers) . . . . . . . . . . . . LATHER. . . . . . . . . . . . . . . . . . . . . . . . . $ 17.38 1.04 Mechanical Insulator. . . . . . . . . . . . $ 10.55 1.00 Painters: $ 10.76 2.20 Brush & Spray. . . . . . . . . . . . . . Painters doing drywall $ 10.42 finishing only. . . . . . . . . . . 2.20 PAPERHANGER. . . . . . . . . . . . . $ 11 . 30 Page 3 of 4 Plasterer tender. . . . . . . . . . . . . . . . .$ 9.00 Plumbers and Pipefitters (Including HVAC Work) . . . . . . . . . . . .$ 12.80 1.63 Power equipment operators: Backhoes. . . . . . . . . . . . . . . . . . . .$ 10.64 1.41 Front End Loaders. . . . . . . . . . .$ 8.77 ROOFER, Including Built Up, Composition and Single Ply Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 9.45 1.04 Sheet metal worker (Including HVAC Work) . . . . . . . . . . . . . . . . . . . . . . .$ 12.80 2.05 TILE SETTER. . . . . .. . . . . . . . . . . . . . . .$ 13.75 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the 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: Page 4 of 4 Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1. ) 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 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Page 1 of 4 General Decision Number: TX080059 01/01/2010 TX59 Superseded General Decision Number: TX20070061 State: Texas Construction Type: Building Counties: Johnson, Parker and Tarrant Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories) . Use current heavy and highway General Wage Determination for Paving Incidental to Building Construction in Tarrant County and for Paving and Utilities incidental to Building Construction in remaining Counties. ) Modification Number Publication Date 0 02/08/2008 1 03/28/2008 2 04/11/2008 3 06/06/2008 4 07/25/2008 5 12/05/2008 6 01/23/2009 7 04/10/2009 8 07/24/2009 9 08/21/2009 10 09/11/2009 11 10/09/2009 12 12/04/2009 13 01/01/2010 BRTX0001-007 05/01/2009 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 21.06 6.93 ---------------------------------------------------------------- CARP1421-001 05/01/1995 Rates Fringes MILLWRIGHT. . . . . . . . . . . . . . . . . . . . . . .$ 16.49 3.92 ---------------------------------------------------------------- ELEC0020-004 12/01/2009 WISE COUNTY Rates Fringes Electricians: Cable Splicer. . . . . . . . . . . . . . .$ 26.06 4.50+12.5% Electrician. . . . . . . . . . . . . . . . .$ 23. 90 4.50+12.5% ---------------------------------------------------------------- IRON0263-001 06/01/2009 Rates Fringes Page 2 of 4 IRONWORKER (Structural) . . . . . . . . . .$ 21.60 4.40 ---------------------------------------------------------------- * SFTX0669-001 01/01/2010 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 25.90 15.35 ---------------------------------------------------------------- SUTX1989-001 11/01/1989 Rates Fringes Acoustical Installer. . . . . . . . . . . . .$ 11.23 CARPENTER (Excluding drywall hangers, acoustical installers & batt insulators) .. . . . . . . . . . . . . . . .$ 12.27 2.22 doing drywall hanging only. .$ 10.00 CEMENT MASON/CONCRETE FINISHER. . .$ 10.16 .76 DRYWALL FINISHER/TAPER. . . . . . . . . . .$ 11.18 2.21 GLAZIER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 11.37 1.31 LABORER (Including Mason Tenders & Pipelayers) . . . . . . . . . . . .$ 7.46 1.00 Landscape Laborer. . . . . . . . . . . . . . . .$ 7.25 Mechanical Insulator. . . . . . . . . . . . .$ 10.92 1.00 PAINTER (Brush and Spray) (excluding Drywall Finishing) . . . .$ 10.47 2.21 PLASTERER. . . . . . .. . . . . . . . . . . . . . . . .$ 11.50 Plumbers and Pipefitters (Including HVAC work) . . . . . . . . . . . .$ 13.34 2.15 Power equipment operators: Backhoes. . .. . . . . . . . . . . . . . . . .$ 12.30 1.82 Cranes. . . . .. . . . . . . . . . . . . . . . .$ 14.26 2.44 Foundation Drill Operators. .$ 8.54 Graders. . . .. . . . . . . . . . . . . . . . .$ 11.69 1.80 ROOFER, Including Built Up, Composition and Single Ply Roofs. . . . . . . . . . .. . . . . . . . . . . . . . . . .$ 9.50 .99 Sheet metal worker (Including HVAC Duct Work) . . . . . . . . . . . . . . . . . .$ 12.63 2.10 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- rage ui + WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work mnotbincludedaithin the scope of the classifications award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . In the listing above, the "SU" designation means that rates listed under the identifier benefit rates Other collectively bargained wage and fringe 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 ram. If the response from this initial Davis-Bacon survey prog tory, then the process described in 2.) contact is not satisfac 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 an 2. ) If the answer to the question in1.) action)yes, therequest interested party (those affected by the review anFRrPartsid8rando29from CFR Part 7) . Wr and iteHour to;p,dministrator (See 29 C 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 Page 4 of 4 interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 7/13/2010 3:13:09 PM City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/2212010 - Ord. No. 19194-06-2010 DATE: Tuesday, June 22, 2010 REFERENCE NO.: **C-24282 LOG NAME: 212009NCTCOG DOE SUBJECT: Authorize the Application for, Acceptance and Execution of a Fiscal Year 2009 American Recovery and Reinvestment Act Grant Fund with the North Central Texas Council of Governments in the Amount of $35,147.00 for the Purpose of Installing an Alternative Fuel Management System and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to apply for, accept and execute, if awarded, a grant from the North Central Texas Council of Governments for the reimbursement of the purchase and installation of an alternative fuel management system in the amount of$35,147.00; 2. Authorize the transfer of$35,147.00 from the Equipment Services Fund to the Grant Capital Projects Fund for the 50 percent required match for the grant; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of $70,294.00 in the Grant Capital Projects Fund. DISCUSSION: The Dallas/Fort Worth Metropolitan Area is categorized as 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 May 2009, the Equipment Services Department (ESD) submitted a request for a call for projects under the Department of Energy Clean Cities Petroleum Reduction Technologies grant through the North Central Texas Council of Governments. In June 2001, the City of Fort Worth purchased its first E85 capable (Flex Fuel) vehicle. Currently, the City has approximately 450 Flex Fuel vehicles in service. At the time of the call for projects, there were approximately 285 vehicles in service. The estimated cost associated with purchasing the alternative fuel management system and up-fitting approximately 285 vehicles is $86,254.00. Funding for the up-fitting of these vehicles is included with the adoption of the Fiscal Year 2010 budget. Based on the ARRA Program guidelines, the City is eligible to be reimbursed for up to 50 percent of the total project cost. The estimated cost for this project is $70,294.00 for the equipment and City supplied labor to install the equipment on the vehicles is $15,960.00. The grant will include equipment only. The labor portion is already budgeted in and will be paid from Fund P161. This project is designed to only allow specific vehicles to receive the alternative fuel (E85) and prevent dispensing to vehicles that are not designed to operate on this fuel. If E85 is operated in a vehicle not designed for it, serious damage may result to the vehicle's fuel system and engine. Page 1 of 2 7/13/2010 3:13:09 PM The price of E85 fuel is approximately $.40 per gallon cheaper at today's cost compared to unleaded gasoline. In addition to being less expensive, it is a cleaner burning fuel and reduces the dependency on foreign oil. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, award of the grant and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Grant Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 3))GR74 451409 021203448000 $35,147.00 2)) P161 538070 0212070 $35,147.00 2 & 3)) GR74 472061 021203448000 $35,147.00 3)) GR74 541320 021203448010 $70,297.00 CERTIFICATIONS: Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Wayne Corum (5118) Additional Information Contact: Wayne Corum (5118) ATTACHMENTS 1. 212009NCTCOG DOE AO REVISED (2).doc (Public) 2. Available funds Fuel System Upgrade.doc (CFW Internal) Page 2 of 2 FORTWORTH INTEROFFICE MEMO TO: Don Walker, Equipment Services Department FROM: Allison Tidwell, City Secretary's Office DATE: July 19, 2010 SUBJECT: ARRA GRANT AGREEMENT IN THE AMOUNT OF $35,147.00 FOR THE PURPOSE OF INSTALLING AN ALTERNATIVE FUEL MANAGEMENT SYSTEM (M&C C-24282) These documents are being forwarded to you for original signatures from the North Central Texas Council of Governments. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 3 sets