HomeMy WebLinkAboutContract 41055-A1 AMENDMENT NO. 1
TO CITY SECRETARY CONTRACT NO. 41055
STATE OF TEXAS §
§ CITY SECRETARY CONTRACT NO. I i
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("City") and HDR Engineering, Inc. ("Engineer") made
and entered into City Secretary Contract No. 41055 (the "Contract") which was executed by the
City Manager on November 10, 2010;
WHEREAS, the Contract involves engineering services for the following project:
Fort Worth Traffic Adaptive Signal Project(EECBG Grant Activity#7)
WHEREAS, it has become necessary to execute Amendment No. 1 to said Contract to
include terms and conditions required by the funding grant agreement between the City and the
US Department of Energy (DOE). THEREFORE, City and Engineer, acting herein by and through
their duly authorized representatives, enter into the following agreement that amends the
Contract:
1.
Article VII, of the Contract is amended to include the terms and conditions for federally
funding contracts by adding Attachment F — Terms and Conditions and hereby made part of the
AGREEMENT.
OFFICIAL RECORD
CITY SECRETARY
-1-
FT. WORTH, TX
2.
All other provisions of the Contract which are not expressly amended herein shall remain
in full force and effect.
EXECUTED on this the day of 209.9, in Fort Worth, Tarrant County,
Texas. a-� �;110
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By(�L y:Marty Hendrix k�s Fernando Costa
City Secretary Assistant City Manager
APPROVAL RECOMMENDED: Approved as to Form and Legality:
/ Assistant City Attorney
William A. Verkest,P.E.
Director, Transportation and
Public Works Department
HDR Enginee ing, Inc..
By:
Name: Ramon Migues P.E.
Title: Vice President
OFFICIAL RECORD
_2_ CITY SECRETARY
FT NORTH, TX
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
SPECIAL INSTRUCTIONS
ADDITIONAL REQUIREMENTS
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG)—AMERICAN
RECOVERY AND REINVESTMENT ACT(ARRA) PROJECT
All contracts funded in whole or in part by EECBG funds shall comply with the following:
1. Ensure the safety and structural integrity of any repair, replacement, construction, and or alteration
performed.
2. Comply with provisions of the City of Fort Worth EECBG Waste Stream Plan attached hereto.
3. Submit Information in Support of ARRA Reporting by the 4th day of each month, including
financial,job creation/retention and performance progress reports. Submit backup documentation
for expenditures of funds under ARRA including such items as timecards, invoices, and validation
of purchasing American made goods.
4. Submit to City on a weekly basis: (1) Payroll, (2) Statement of Compliance-for each payroll, as
applicable for all laborers and mechanics, for services and activities accomplished by Contractor
in performance of this Contract. Payroll and the Statement of Compliance must be signed by a
duly authorized agent of the Contractor and submitted each Friday of the week following the week
being reported.
5. Upon identification of possible breaches of contract, and prior to exercising its termination rights
under this Contract for breach, City may elect to exercise any of the following administrative
remedies:
a. issuance of warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving Contractor a limited time to
correct the deficiency;
b. placing conditions upon award of future grants;
c. directing Contractor to stop incurring costs until the deficiency is corrected and the
correction is verified;
d. requiring repayment of previously reimbursed grant funds; or
e. reducing the amount of pending grant awards or disallowing future awards to
Contractor.
f. The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under the
law or this Contract for the enforcement of this Contract or the recovery of any damages
relating to Contractor's actions or inactions relating to the Program, EECBG funds,
and/or this Contract. I
OFFICIAL RECORD
6 CITY SECRETARY
Revised Special Terms—and—Conditions—For—Contracts and RFPs Aug2010.doc FT WORTH,ITX
6. Follow mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Action (Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR
19639, 19642, Apr. 19, 1995).
7. Comply with 10 CFR 600 which outlines DOE requirements and regulations pertaining to patent
rights with respect to any discovery or invention which arises or is developed in the course of or
under this contract.
8. Comply with 10 CFR 600 which outlines DOE requirements and regulations pertaining to
copyrights and rights in data.
SUBRECIPIENT OR SUBCONTRACTOR FLOWDOWN REQUIREMENTS
Subawardees who receive federal funds under an assistance agreement shall comply with the flow
down requirements for subawardees specified in the "Special Provisions Relating to Work Funded
under American Recovery and Reinvestment Act of 2009"which apply to this award. Additionally, as
required by 10 CFR 600.2(b), 10 CFR 600.236, and 10 CFR 600.237, any new, continuation, or
renewal award and any subsequent subaward shall comply with any applicable Federal statute, Federal
rule, Office of Management and Budget(OMB) Circular and Government-wide guidance in effect as
of the date of such award. These requirements include, but are not limited to the following:
a. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.izpoaccess.gov.
b. In addition to 10 CFR 600,Appendix A, Generally Applicable Requirements,the National
Policy Assurances to Be Incorporated as Award Terms in effect on date of award at
http://management.energy.gov/business doe/1374.htm apply.
c. 2 CFR 215, "Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations (OMB
Circular A-110)."
d. OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments" Common Rules.
e. OMB Circular A-21, "Cost Principles for Educational Institutions," OMB Circular A-87, "Cost
Principles for State , Local, and Indian Tribal Governments," OMB Circular A-122, "Cost
Principles for Non-Profit Organizations," or FAR at 48 CFR Part 31, "Contract Cost Principles
and Procedures,"for Profit Organizations, as applicable.
f. OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations."
g. Subawardee Application/proposal as approved by DOE.
Revised Spec ial_Terms_and_Conditions_For_Contracts and RFPs Aug2010.doc 2
SUBGRANT FLOWDOWN PROVISIONS FOR EECBG FINANCIAL ASSISTANCE
AWARDS
SPECIAL TERMS AND CONDITIONS
Table of Contents
Number Subiect Page
1. RESOLUTION OF CONFLICTING CONDITIONS ....................................................4
2. STATEMENT OF FEDERAL STEWARDSHIP..........................................................4
3. SITE VISITS..............................................................................................................4
4. REPORTING REQUIREMENTS ...............................................................................4
5. PUBLICATIONS.............................00000...............000000_................__o.......................4
6. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS........................................5
7. LOBBYING RESTRICTIONS....................................................................................5
8. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS...............5
9. HISTORIC PRESERVATION....................................................................................5
10. WASTE STREAM.....................................................................................................6
11. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)...........................6
12. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERYACT....................000000_.................000000..................................o................9
13. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS --SENSE OF CONGRESS...................................................................9
14. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS—
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
..................................................................................................................................9
15. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS)—SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009............................ 12
16. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
................................................................................................................................ 16
17. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD ACT
................................................................................................................................ 16
18. PROCUREMENT......................................................................................25
OFFICIAL !RECORD
CITY SECRETARY �
C FT- WORTH, TX
Revised Spec ial_Terms_and_Conditi ons_For_Contracts and RFPs Aug20I O.doc 3
1. RESOLUTION OF CONFLICTING CONDITIONS
This contract is funded by a federal grant under the American Recovery and Reinvestment Act
(ARRA). In case of any inconsistency between this contract and federal statutes, regulations,
or the terms and conditions of the applicable DOE funding award (collectively referred to as
"federal requirements"), then the federal requirements shall prevail.
2. STATEMENT OF FEDERAL STEWARDSHIP
DOE will exercise normal Federal stewardship in overseeing the project activities performed under
this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing
performance and financial reports; providing technical assistance and/or temporary intervention in
unusual circumstances to correct deficiencies which develop during the project; assuring
compliance with terms and conditions; and reviewing technical performance after project
completion to ensure that the award objectives have been accomplished.
3. SITE VISITS
The City of Fort Worth and the DOE's authorized representatives have the right to make site visits
at reasonable times to review project accomplishments and management control systems and to
provide technical assistance, if required. You must provide, and must require your subawardees to
provide, reasonable access to facilities, office space, resources, and assistance for the safety and
convenience of the government representatives in the performance of their duties. All site visits
and evaluations must be performed in a manner that does not unduly interfere with or delay the
work.
4. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are identified on the Federal
Assistance Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with
these reporting requirements is considered a material noncompliance with the terms of the
award. Noncompliance may result in withholding of future payments, suspension or
termination of the current award, and withholding of future awards. A willful failure to
perform, a history of failure to perform, or unsatisfactory performance of this and/or other
financial assistance awards, may also result in a debarment action to preclude future awards by
Federal agencies.
b. Additional Recovery Act Reporting Requirements are found in the Provision below labeled:
"REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT."
5. PUBLICATIONS
An acknowledgment of DOE support and a disclaimer must appear in the publication of any
material, whether copyrighted or not, based on or developed under this project, as follows:
Revised Special—Terms—and—Conditions-For-Contracts and RFPs Aug20IO.doc 4
Acknowledgment: "This material is based upon work supported by the Department of
Energy under Award Number DE-EE0000963."
Disclaimer: "This report was prepared as an account of work sponsored by an agency of
the United States Government. Neither the United States Government nor any agency
thereof, nor any of their employees, makes any warranty, express or implied, or assumes
any legal liability or responsibility for the accuracy, completeness, or usefulness of any
information, apparatus, product, or process disclosed, or represents that its use would not
infringe privately owned rights. Reference herein to any specific commercial product,
process, or service by trade name, trademark, manufacturer, or otherwise does not
necessarily constitute or imply its endorsement,recommendation, or favoring by the United
States Government or any agency thereof. The views and opinions of authors expressed
herein do not necessarily state or reflect those of the United States Government or any
agency thereof."
6. FEDERAL, STATE,AND MUNICIPAL REQUIREMENTS
You must obtain any required permits, ensure the safety and structural integrity of any repair,
replacement, construction and/or alteration, and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
7. LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated on the award shall
be expended, directly or indirectly, to influence congressional action on any legislation or
appropriation matters pending before Congress, other than to communicate to Members of
Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed
elsewhere in statute and regulation.
8. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
The work to be performed under this contract has been evaluated under National Environmental
Policy Act requirements and has been deemed to be categorically excluded (documentation will be
provided by the City upon request of the Contractor). Contractor shall not expand the scope of
work to exceed the categorical exclusion.
9. HISTORIC PRESERVATION
Contractor shall avoid taking any action that results in an adverse effect to historic properties in
violation of the National Historic Preservation Act (NHPA).
Prior to the expenditure of Project funds to alter any historic structure or site, the Recipient or
subrecipient shall ensure that it is compliant with Section 106 of the National Historic Preservation
Act (NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NHPA.
Section 106 applies to historic properties that are listed in or eligible for listing in the National
Register of Historic Places. If applicable, the Recipient or subrecipient must contact the State
Historic Preservation Officer (SHPO), and the Tribal Historic Preservation Officer(THPO) to
Revised Spec ial_"Terms_and_Condit ion s_For_Contracts and RFPs Aug2010.doc 5
coordinate the Section 106 review outlined in 36 CFR Part 800. SHPO contact information is
available at the following link: http://www.ncshl)o.orWfind/index.htm. THPO contact information
is available at the following link: http://www.nathl)o.ora/map.html . Section 110(k) of the NHPA
applies to DOE funded activities.
If applicable, the Recipient or subrecipient certifies that it will retain sufficient documentation, to
demonstrate that the Recipient or subrecipient has received required approval(s) from the SHPO or
THPO for the Project.
10. WASTE STREAM
The Recipient assures that it will create or obtain a waste management plan addressing waste
generated by a proposed Project prior to the Project generating waste. This waste management
plan will describe the Recipient's or subrecipient's plan to dispose of any sanitary or hazardous
waste (e.g., construction and demolition debris, old light bulbs, lead ballasts, piping, roofing
material, discarded equipment, debris, and asbestos) generated as a result of the proposed Project.
The Recipient shall ensure that the Project is in compliance with all Federal, state and local
regulations for waste disposal. The Recipient shall make the waste management plan and related
documentation available to DOE on DOE's request(for example, during a post-award audit).
11. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
A. Prohibition on Use of Funds
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.
B. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of
2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under
section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General
is authorized--
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to, and involve
transactions that relate to, the subcontract, subcontract, grant, or subgrant; and
(2)to interview any officer or employee of the contractor, grantee, subgrantee, or agency
regarding such transactions.
C. Publication
An application may contain technical data and other data, including trade secrets and/or privileged
or confidential information, which the applicant does not want disclosed to the public or used by
the Government for any purpose other than the application. To protect such data, the applicant
should specifically identify each page including each line or paragraph thereof containing the data
to be protected and mark the cover sheet of the application wi t e o owing`Noric as well as
OFFICIAL RECARIJ
Revised Special Terms and Conditions For Contracts and RFPs Aug2010.doc CITY SECRETARY j 6
FT. WORTH< TES
- -____j
referring to the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
All information provided by the Contractor should be presumed to be public information and
available to the public for review. Information that the Contractor claims is proprietary and
confidential must be clearly marked at the top of each page in red text of at least a 14 point font. In
addition, the report or collection of data claimed as proprietary must be prefaced with a cover
stating that such claimed proprietary information is contained in pages identified by the
document's page number. Information provided by the Contractor is subject to the Texas Public
Information Act and may be disclosed as allowed or required by law. Contractor agrees that
determinations of public information shall be at the sole discretion of the City and that
determination of status as public information by the Office of the Attorney General shall be
binding upon the Contractor.
Information which is the work product of this contract may not be claimed as proprietary
and the City of Fort Worth and DOE shall have the right to use or disclose the data freely.
This restriction does not limit the Government's right to use or disclose data obtained
without restriction from any source, including the applicant. City shall have all right in data
for the work product of this contract and an unlimited license to publish reports and data as
the City deems fit and at its sole discretion.
Information about this agreement may be published on the Internet and linked to the website
www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may
exclude posting contractual or other information on the website on a case-by-case basis when
necessary to protect national security or to protect information that is not subject to disclosure
under sections 552 and 552a of title 5, United States Code.
D. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but are not
limited to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a
disclosure made in the ordinary course of an employee's duties,to the Accountability and
Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State
or Federal regulatory or law enforcement agency, a person with supervisory authority over the
employee (or other person working for the employer who has the authority to investigate, discover
or terminate misconduct), a court or grant jury, the head of a Federal agency, or their
representatives information that the employee believes is evidence of-
- gross management of an agency contract or grant relating to covered funds;
- a gross waste of covered funds;
- a substantial and specific danger to public health or safety related to the implementation or
use of covered funds;
- an abuse of authority related to the implementation or use of covered funds; or
- as violation of law, rule, or regulation related to an agency contract (including the competition
for or negotiation of a contract) or grant, awarded or issued relating to covered funds.
Revised Spec ial_Terms_and_Condit ion s_For_Contracts and RFPs Aug2010.doc 7
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged
reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that
the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall
either issue an order denying relief in whole or in part or shall take one or more of the following
actions:
- Order the employer to take affirmative action to abate the reprisal.
- Order the employer to reinstate the person to the position that the person held before the
reprisal, together with compensation including back pay, compensatory damages, employment
benefits, and other terms and conditions of employment that would apply to the person in that
position if the reprisal had not been taken.
- Order the employer to pay the employee an amount equal to the aggregate amount of all costs
and expenses (including attorneys' fees and expert witnesses' fees)that were reasonably incurred by
the employee for or in connection with, bringing the complaint regarding the reprisal, as
determined by the head of a court of competent jurisdiction.
Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring Arbitration:
Except as provided in a collective bargaining agreement, the rights and remedies provided to
aggrieved employees by this section may not be waived by any agreement,policy, form, or
condition of employment, including any predispute arbitration agreement. No predispute
arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out
of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under
the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the
rights and remedies as required therein. (Refer to section 1553 of the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this
section and prescribed language for the notices.).
E. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector
General any credible evidence that a principal, employee, agent, contractor, sub-grantee,
subcontractor or other person has submitted a false claim under the False Claims Act or has
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,bribery,
gratuity or similar misconduct involving those funds.
F. Information in Support of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
G. Additional Funding Distribution and Assurance of Appropriate Use of Funds
Certification by Governor—For funds provided to any State or agency thereof by the American
Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify
that: 1)the state will request and use funds provided by the Act; and 2) the funds will be used to
create jobs and promote economic growth. OFFICIAL RECORD II
Revised Special Terms and Conditions_For Contracts and RFPs Aug20IO.doc CITY SECRETARY � g
FT. WORTHS TX
Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not
accepted for use by the Governor, then acceptance by the State legislature, by means of the
adoption of a concurrent resolution, shall be sufficient to provide funding to such State.
Distribution-- After adoption of a State legislature's concurrent resolution, funding to the State will
be for distribution to local governments, councils of government,public entities, and public-private
entities within the State either by formula or at the State's discretion.
12. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF
THE RECOVERY ACT
(c) Recipients and their first-tier subrecipients must maintain current registrations in the Central
Contractor Registration(http://Www.ccr.gov) at all times during which they have active federal
awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System
(DUNS)Number(http://www.dnb.com) is one of the requirements for registration in the Central
Contractor Registration.
13. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that,to the greatest extent practicable, all equipment and products
purchased with funds made available under this award should be American-made.
*Special Note: Definitization of the Provisions entitled, "REQUIRED USE OF AMERICAN
IRON, STEEL, AND MANUFACTURED GOODS– SECTION 1605 OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009" and"REQUIRED USE OF AMERICAN
IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL
AGREEMENTS)–SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009"will be done upon definition and review of final activities.
14. REQUIRED USE OF AMERICAN IRON, STEEL,AND MANUFACTURED GOODS–
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009
If the Recipient determines at any time that any construction, alteration, or repair activity on a
public building or public works will be performed during the course of the project, the Recipient
shall notify the Contracting Officer prior to commencing such work and the following provisions
shall apply.
(a) Definitions. As used in this award term and condition—
(1)Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been-
(i) Processed into a specific form and shape; or
Revised Special—Terms—and—Conditions—For—Contracts and RFPs Aug2010.doc 9
(ii) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
(2)Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories, and
minor outlying islands of the United States; State and local governments; and multi-State, regional,
or interstate entities which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers,
mains, power lines, pumping stations, heavy generators,railways, airports,terminals, docks,piers,
wharves,ways,lighthouses, buoys,jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
(3)Steel means an alloy that includes at least 50 percent iron,between .02 and 2 percent carbon,
and may include other elements.
(b)Domestic preference. (1)This award term and condition implements Section 1605 of the
American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by requiring
that all iron, steel, and manufactured goods used in the project are produced in the United States
except as provided in paragraph(b)(3) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
To Be Determined
(3)The award official may add other iron, steel, and/or manufactured goods to the list in paragraph
(b)(2) of this section and condition if the Federal Government determines that-
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The
cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the cost of the overall project by more than 25
percent;
(ii)The iron, steel, and/or manufactured good is not produced, or manufactured in the United States
in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
(c)Request for determination of inapplicability of Section 1605 of the Recovery Act . (1)(i) Any
recipient request to use foreign iron, steel, and/or manufactured goods in accordance with
paragraph(b)(3) of this section shall include adequate information for Federal Government
evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
Revised Spec ial_Terms_and_Condi ti ons_For_Contracts and RFPs Aug2010.doc 10
(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)(3) of this section.
(ii)A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph(d) of this section.
(iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to
the construction site and any applicable duty.
(iv)Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration,maintenance, or repair shall explain why the
recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit a
satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies,the award official will amend the award to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or public interest,
the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds,
and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel,
and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of
the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or
redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recovery
Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section
1605 of the American Recovery and Reinvestment Act.
(d)Data. To permit evaluation of requests under paragraph(b) of this section based on
unreasonable cost, the Recipient shall include the following information and any applicable
supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Unit of Cost
Description measure Quantity (dollars)*
Item 1:
Foreign steel, iron, or manufactured
OFFICIAL RECORD
Revised Spec ial_Terms_and_Condit ion s_For Contracts and RFPs Aug20IO.doc CITY SECRETAIef
FT. WORTH, TX
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.
15. REQUIRED USE OF AMERICAN IRON, STEEL,AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS)–SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a)Definitions. As used in this award term and condition—
Designated country—(1)A World Trade Organization Government Procurement Agreement
country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan,
Korea(Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta,Netherlands,Norway,
Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland,
and United Kingdom;
(2)A Free Trade Agreement(FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco,Nicaragua,
Oman, Peru, or Singapore); or
(3)A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,Netherlands, Poland,
Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods (1) 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.
Revised Special_Terms_and_Conditions_For_Contracts and RFPs Aug2010.doc 12
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.
Revised Spec ial_Terms_and_Conditions_For_Contracts and RFPs Aug2010.doc 13
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods
in performing the work funded in whole or part with this award, except as provided in paragraphs
(b)(3) and (b)(4) of this section.
(3) The requirement in paragraph(b)(2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as follows:
To Be Determined
(4) 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) o '1113
RECORD
CITY SECRETARY
SECRETARY
Revised Special Terms and Conditions For Contracts and Ups Aug2010.doc f FT. WORTH, TA 4
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why the
recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit a
satisfactory explanation, the award official need not make a determination.
(2)If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or public interest,
the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds,
and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is the
unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust
the award amount or redistribute budgeted funds, as appropriate, by at least the differential
established in 2 CFR 176.110(a).
(3)Unless the Federal Government determines that an exception to section 1605 of the Recovery
Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country
iron, steel, and/or manufactured goods is noncompliant with the applicable Act.
(d)Data. To permit evaluation of requests under paragraph(b)of this section based on
unreasonable cost, the applicant shall include the following information and any applicable
supporting data based on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Unit of Cost
Description measure Quantity (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.
Revised Spec ial_Terms_and So ndit ion s_For_Contracts and RFPs Aug2010.doc 15
Include other applicable supporting information.
*Include all delivery costs to the construction site.
16. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part by and
through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less
than those prevailing on projects of a character similar in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of
Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related
Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-
Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative
agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract
clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in
excess of$2,000 for construction, alteration or repair(including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1606, contact your awarding
agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries
concerning the application of Davis-Bacon requirements to a particular federally assisted project to
the Federal agency funding the project. The Secretary of Labor retains final coverage authority
under Reorganization Plan Number 14.
17. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD
ACT
Definitions: For purposes of this provision, "Davis Bacon Act and Contract Work Hours and Safety
Standards Act,"the following definitions are applicable:
(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
Revised Special_Terms_and_Conditions_For_Contracts and RFPs Aug20I O.doc 16
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
Revised Special—Terms and Conditions—For—Contracts and RFPs Aug2010.doc 17
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;
(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.
Revised Spec ial_Terms_and_Conditions_For Contracts and RFPs Aug20I O.doc 18
(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 I(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 I(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
Revised Special Terms—an d_Conditions_For_Contracts and RFPs Aug2010.doc 19
registration of apprenticeship programs and certification of trainee programs,the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in
the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work
is performed a copy of all payrolls to the Department of Energy if the agency is a
party to the Contract, but if the agency is not such a party,the Contractor will
submit the payrolls to the Recipient or Subrecipient (as applicable), applicant,
sponsor, or owner, as the case may be, for transmission to the Department of
Energy. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full
social security numbers and home addresses shall not be included on weekly
transmittals. Instead,the payrolls shall only need to include an individually
identifying number for each employee (e.g.,the last four digits of the employee's
social security number). The required weekly payroll information may be submitted
in any form desired. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/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 deductio s as se o m tlons, 29 CFR
part 3; OFFICIAL RECORD
CITY SECRETARY I
FT: WORTH, TX
Revised Special—Terms—and—Conditions—For—Contracts and RFPs Aug2010.doc t ____ t 20
(3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the Contract.
(C) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission
of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and
section 3729 of title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Department of Energy or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If
the Contractor or subcontractor fails to submit the required records or to make them
available,the Federal agency may, after written notice to the Contractor, sponsor,
applicant, or owner,take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4)Apprentices and trainees-
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship
Agency (where appropriate)to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft
classification shall not be greater than the ratio permitted to the Contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the work actually
performed. Where a Contractor is performing construction on a project in a locality
other than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at
not less than the rate specified in the registered program for the apprentice's level of
Revised Spec ial_Terms_and_Conditions_For_Contracts and RFPs Aug20I O.doc 21
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
Revised Spec ial_Terms_and_Cond it ion s_For_Contracts and RFPs Aug2010.doc 22
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 liqu'dated
damages. Such liquidated damages shall be computed with r spOrPELkPIA 99M ii laborer or
pcp CITY SECRETARY
Revised Special—Terms—and—Conditions—For—Contracts and RFPs Aug2010.doc r FT. WORTH, TX3
L
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.
(c) Recipient Responsibilities for Davis Bacon Act
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following
functions:
(i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certified payroll records
submitted by the Subrecipients and Contractors at any tier under this Award;
(ii) Review all DBA certified payroll records for compliance with DBA requirements,
including applicable DOL wage determinations;
(iii) Notify DOE of any non-compliance with DBA requirements by Subrecipients or
Contractors at any tier, including any non-compliances identified as the result of
reviews performed pursuant to paragraph (ii) above;
OFFICIAL RECORD
CITY SECRETARY
Revised Spec ial_Terms_and_Conditi ons_For_Contracts and RFPs Aug2010.doc r AFT. WORTH, TX
(iv) Address any Subrecipient and any Contractor DBA non-compliance issues; if
DBA non-compliance issues cannot be resolved in a timely manner, forward
complaints, summary of investigations and all relevant information to DOE;
(v) Provide DOE with detailed information regarding the resolution of any DBA non-
compliance issues;
(vi) Perform services in support of DOE investigations of complaints filed regarding
noncompliance by Subrecipients and Contractors with DBA requirements;
(vii) Perform audit services as necessary to ensure compliance by Subrecipients and
Contractors with DBA requirements and as requested by the Contracting Officer; and
(viii) Provide copies of all records upon request by DOE or DOL in a timely manner.
(d) Rates of Wages
The prevailing wage rates determined by the Secretary of Labor can be found at http://www.wdol.jzo
PROCUREMENT (10 CFR 600.236, Section (i) "Contract Provisions," numbers 1-13)
(i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph
(i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions,
access and records retention, suspension of work, and other clauses approved by the Office of Federal
Procurement Policy.
(1)Administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts
more than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including the manner by
which it will be effected and the basis for settlement. (All contracts in excess of$10,000)
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled"Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess
of$10,000 by grantees and their contractors or subgrantees)
(4) Compliance with the Copeland "Anti-Kickback" Act(18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or
repair)
(5) Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department
of Labor regulations (29 CFR Part 5). (Construction contracts in excess of$2000 awarded by grantees
and subgrantees when required by Federal grant program legislation)
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
Revised Spec ial_Terms_and_Condit ion s_For_Contracts and RFPs Aug20IO.doc 25
contracts awarded by grantees and subgrantees in excess of$2000, and in excess of$2500 for other
contracts which involve the employment of mechanics or laborers)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to
any discovery or invention which arises or is developed in the course of or under such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency,the Comptroller General of the
United States, or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
(11) Retention of all required records for three years after grantees or subgrantees make final payments
and all other pending matters are closed.
(12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the
Clean Air Act(42 U.S.C. 1857(h)), section 508 of the Clean Water Act(33 U.S.C. 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts,
subcontracts, and subgrants of amounts in excess of$100,000).
(13) Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act(Pub. L.
94-163, 89 Stat. 871).
Revised Spec ial_Terms_and_Conditi ons_For_Contracts and RFPs Aug2010.doc 26
CITY OF FORT WORTH EECBG WASTE STREAM PLAN
To the greatest extent possible, materials generated as a result of implementation of Energy Efficiency
and Conservation Block Grant will be recycled.
All sanitary,hazardous, or non-hazardous waste is required to be handled and managed in a manner
that is compliant with all local, state, and federal laws and regulations regarding the disposal of waste
including, but is not limited to, old light bulbs, lead ballasts, piping, roofing material, discarded
equipment, debris, asbestos, etc., from the upgrade/installation of energy efficiency projects.
Regardless of the contractor or subcontractor selected by the City of Fort Worth, its employees, or the
waste hauler, all non-hazardous waste, hazardous waste, non-hazardous with hazardous or
environmentally sensitive subcomponents, such as mercury florescent bulbs, ballast, motor
transformers, HVAC, CFC, etc., will be transported by a state and federally licensed waste hauler for
ultimate disposal at an appropriately licensed waste site in accordance with all federal, state, county,
and local regulations. All waste shall be collected and transported by a company licensed to operate in
the City of Fort Worth (Attachment A).
As projects are planned, all existing materials/equipment to be removed will be categorized into one of
the following: salvageable, non-salvageable, or hazardous waste. Based on the classification of the
waste it will be disposed in the following manners:
1. Salvageable
a. Salvageable materials will be determined by available markets at the time of the project.
Materials may include but not be limited to a variety of metals, cardboard, concrete, and
other recyclable materials.
b. All salvageable metals will be containerized at the project site until a sufficient quantity
is accumulated to warrant transport to a reputable scrap metal vendor. Bills of lading
will be used to document the materials taken and the weight salvaged.
c. All materials containing refrigerants will be handled with care to prevent the
involuntary release of hazardous gases. The refrigerants will be recovered whenever
possible in accordance with the Clean Air Act requirements. Once recovered, the
remaining metals will be salvaged.
2. Non-salvageable
a. Non-salvageable items may include but not be limited to wood, sheetrock, plastic, and
packing materials.
b. Care will be taken to segregate building materials from putresible wastes.
1. Inert, uncontaminated building materials will be disposed at a landfill
permitted by the Texas Commission on Environmental Quality (TCEQ).
2. Putresible wastes will be disposed at a landfill permitted by TCEQ
3. Permitted disposal sites within 40 miles of Fort Worth are included as
Attachment b
c. Weight tickets will be used to document final disposal for all non-salvageable wastes.
3. Hazardous
a. Hazardous materials may include but shall not be limited to PCB-containing light
ballasts, Fluorescent tubes, refrigerant, and used oil.
Revised Special_Terms_and_Conditions_For_Contracts and RFPs Aug2010.doc 27
b. All hazardous materials will be containerized to prevent spillage. A TCEQ certified
hazardous materials handling vendor will be contracted to transport and recycle and/or
dispose of the collected items.
C. .
All waste disposal must be certified by the contractor to The City of Fort Worth. Certification
documentation may include bills of lading, weight tickets, or other approved documentation.
Certification must include quantities and final salvage or disposal locations.
Revised Spec ial_Terms_and_Conditions_For_Contracts and RFPs Aug2010.doc 28
Attachment A
Companies licensed to collect waste within the City of Fort Worth
DUNCAN DISPOSAL REPUBLIC SERVICES.
1212 HARRISON AVE 6100 ELLIOTT REEDER RD
ARLINGTON, TX 76011 FORT WORTH, TX 76117
BRENDA HOANG CHANDLER PETERSON
817-317-2066 817-332-7301
HOANGB(cDREPSRV.COM chandler.petersona-republicservices.com
IESI
4001 OLD DENTON ROAD
HALTOM CITY, TX 76117
LARRY ANDREWS
817-547-9013
LANDREWS(cDIESI.COM
BLUEBONNET WASTE
1600 SINGLETON BLVD
DALLAS, TX 75212
DELIA SEWELL
214-748-5221
BLU EBON N ETWASTE(aD-AOL.COM
EMPIRE DISPOSAL
5301 SUN VALLEY DR
FORT WORTH,TX 76119
MONA CARTER
817-478-1288
MONA(aD-EMPIREDISPOSAL.COM
SERVICE WASTE
3236 CHAMBERS ST
VENUS, TX 76084
ROBERT DUNLAP
817-924-2717
ROBERTD(cDSERVICEWASTE.COM
WASTE MANAGEMENT
1600 "C" RAILROAD
LEWISVILLE, TX 75067
GREG ROSS
972-315-5400
GROSS1(a)WM.COM
AREA WASTE SOLUTIONS
P.O. Box 1149
BURLESON, TX 76097
JASON L BAGLEY
817-295-5900
JASON AREAWASTE.COM
Revised Spec ial_Terms_and_Condit ion s_For_Contracts and RFPs Aug2010.doc 29
March 2010
Attachment B
Permitted Disposal Facilities within 40 miles of Fort Worth
Source: http://www.nctcoR.orv,,/envir/SEELT/disposal/facilities/landfills.asp?Status=Active
Site Name Operator Status
121 Regional Disposal Facility North Texas Municipal Water District Active
Arlington Landfill City of Arlington/Republic Waste Active
Camelot Landfill (Farmers Branch) Republic/Farmers Branch Active
Charles M. Hinton Jr., Regional Landfill City of Garland Active
Corsicana Regional Landfill City of Corsicana Active
Denton Landfill City of Denton Active
DFW Recycling and Disposal Facility Waste Management of Texas Active
ECD Landfill, Inc. Republic/Allied Active
Fort Worth Southeast Landfill City of Ft.Worth/Allied Active
Grand Prairie Sanitary Landfill City of Grand Prairie Active
IESI Fort Worth C&D Landfill IESI TX Landfill, LP Active
IESI Weatherford Landfill IESI Corp. Active
Irving Hunter-Ferrell Landfill City of Irving Active
Itasca Landfill Republic Active
Lewisville Landfill Republic/Allied Active
Maloy Landfill Republic Active
McCommas Bluff Landfill City of Dallas Active
Republic CSC Disposal&Landfill Republic Waste Industries Active
Skyline Landfill and Recycling Facility Waste Management of Texas Active
Stephenville Landfill City of Stephenville Active
Turkey Creek Landfill IESI Corp. Active
FoFFICIAL RECORD
CITY SECRETARY
r FT. *C RTK TAG
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