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HomeMy WebLinkAboutPR 23120: AWARD THE SIDEWALK REPAIRS TO VARIOUS PARKS TO BOSS CONSTRUCTION SERVICES City of o r t rthu www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: May 2,2023 To: The Honorable Mayor and City Council Through: Ron Burton,City Manager From: John Cannatella,PE,City Engineer RE: P.R.23120: Authorizing the City Manager to award the Sidewalk Repairs at Various Parks to Boss Construction Services,LLC of Baytown,Texas,for the amount of$152,553.00.Project No. CD7104- GRE-OCS. Introduction: The intent of this Agenda Item is to seek the City Council's authorization for the City Manager to award the Sidewalk Repairs at Various Parks Project to Boss Construction Services,LLC of Baytown,Texas,for the amount of $152,553.00. Background: Pursuant to Resolution 20-182, an agreement between the Grants Managements Division and the Public Works Department, allocated $117,933.00 of Community Development Block Grant (CDBG) monies for city-wide sidewalk improvements. The agreement expired and the funding became available for reprogramming. The Parks and Recreation Department requested that these now unallocated funds be utilized to complete an engineering and design report for parks located in a CDBG eligible area. An Interdepartmental Agreement for$174,155.97 was executed between the Parks and Recreation Department and the Public Works Department. The funding includes$117,933.00 from the reprogramming of CDBG funds from the Public Works Department. Additional funding, in the amount of$56,222.97, comes from the "Keep the City Clean"Program per Resolution 21-472. The Purchasing Department advertised the Sidewalk Repairs at Various Parks Project for competitive qualified bidders under P23-031. Bids were opened on March 22,2023 with five contractors responding. After review, it was determined that Boss Construction Services,LLC of Baytown,Texas, provided the lowest responsible bid for$152,553.00. Budget Impact: Funds are available from the Parks Project Account No. 105-13-033-5111-00-40-000.Project No. CD7104-GRE-OCS. Recommendation: It is recommended that the City of Port Arthur's City Council approve PR 23120 authorizing the City Manager to award the Sidewalk Repairs at Various Parks Project to Boss Construction Services of Baytown, Texas for the amount of $152,553.00. "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 S:\Engineering\PUBLIC WORKS\PW-ENGINEERING\C.I.P.PROJECTS\Year 2023\PARK SIDEWALKS\Agenda\Agenda Memo Park Sidewalks.docx PR No. 23120 4/28/2021 mje Page 1 of 3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BOSS CONSTRUCTION SERVICES, LLC OF BAYTOWN, TEXAS FOR SIDEWALK REPAIRS AT VARIOUS PARKS IN THE AMOUNT OF $152,553.00. FUNDING IS AVAILABLE IN THE PARKS PROJECT ACCOUNT NUMBER 105-13-033-5111-00-40- 000. PROJECT NO. CD7104-GRE-OCS. WHEREAS, pursuant to Resolution 20-182, an agreement between the Grants Managements Division and the Public Works Department expired making $117,933.00 of Community Development Block Grant (CDBG) monies available for reprogramming; and, WHEREAS, pursuant to Resolution 21-472 the amount of $56,222.97 from the "Keep the City Clean" Program was also available for reprogramming since its agreement had expired; and, WHEREAS, the Parks and Recreation Department requested that these now unallocated funds be utilized to complete an engineering and design report for parks located in a CDBG eligible area for city-wide sidewalk improvements; and, WHEREAS, pursuant to Resolution No. 22-275, an Interdepartmental Agreement for $174,155.97 was executed between the Parks and Recreation Department and the Public Works Department with funding that includes $117,933.00 from the reprogramming of CDBG funds from the Public Works Department and $56,222.97 additional funding from the "Keep the City Clean" Program for a total of $174,155.97; and, PR No.23120 4/28/2021 mje Page 2 of 3 WHEREAS, the Purchasing Department advertised, in the Port Arthur News on March 3, 2023 and March 14, 2023, for the Sidewalk Repairs at Various Parks for competitive qualified bidders under P23-031; and, WHEREAS, People's Park, Roosevelt Park, and Bryan Park were designated as the parks that would be initially selected for sidewalk repair; and, WHEREAS, five (5) bids were received, opened, and evaluated by the Public Works staff on March 22, 2023, with Boss Construction Services, LLC of Baytown, Texas being the lowest qualified bidder for the amount of $152,553.00, see Exhibit A; WHEREAS, funding is available in the Parks Project Account No. 105-13- 033-5111-00-40-000, Project No. CD7104-GRE-OCS; and, WHEREAS, approval of PR 23120 is herein deemed an appropriate action; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Council of the City of Port Arthur hereby authorizes the City Manager to enter into a contract with Boss Construction, LLC, of Baytown, Texas for Sidewalk Repairs at Various Parks in the amount of$152,553.00, in substantially the same form as attached hereto as Exhibit B; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2023 at a meeting of the City of Port Arthur, Texas by the following vote: PR No.23120 4/28/2021 mje Page 3 of 3 Ayes: Mayor: Councilmembers: Noes: ATTEST: Thurman "Bill" Bartle Mayor Sherri Bellard City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION: 4/ Vdlecia Tizeno, Esquir Ronald Burton City Attorney City Manager APPROVED AS FOR AVAILABILITY OF FUNDS: Kandy K. D iel Director of Finance Flozelle C. Roberts, EIT, MEng, MBA Director of Public Works Clifton Williams, CPPB Purchasing Manager EXHIBIT A 0 n o. �. E tz o o d 0 0 0 x- w n w r{ o. 4 ° co . ° O e CD DD GO b ti = CA 3 CM o; x op . O CA M v S ryv O N ,.0 CL cr, O "0 SU O C k O O O & n O O O An cn = oo ‹O Oo on d A to O U1 4 A t �,• N ° nC.oo X O O LA w on 7, S. "C F. O 0 0 0 _ R eD '� 0 0 o r' arc "C co O Nel w ° d IV ''� H CC d d d w = 1. 1 ,.► y O N tJ A• O •ol n A`x ��,,, X O LA O a n es) tJ A� LA 00 O O "! o W "S C/� O O O "'r r O O O d C) O d 7 vA cl FOi 'n LP B `' O O O O O O O O 5 Cl) ° o 00 G� d I. o o C N CD m 00 6o9 59 H5 0 tp v A N H rn 0 0 n "0 N N N A N N N ^y' en 0 EA O 00 Vii 'C (A 0 a N O 00 cn v -� o 00 N.) oo n R X 000 •0 J y A n t1i 00 ,� A O O O O O O EXHIBIT B CONSTRUCTION CONTRACT AGREEMENT [Federally Funded Projects] THIS AGREEMENT, made this day of , A.D. 2023 , by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas, hereinafter called "OWNER" or "CITY" and Boss Construction Services, LLC, of Baytown, Texas, herein acting by and through , hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments, terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The CONTRACTOR will commence and complete the Sidewalk Repairs at Various Parks Project. 2. The CONTRACTOR will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Project described herein. 3. The CONTRACTOR will commence the work required by the Contract Documents on or before a date to be specified in the Notice to Proceed and will be substantially completed within 14 calendar days as specified in the Notice to Proceed including, but not limited to, all Saturdays, Sundays and Federal, State, and City holidays unless the period for completion is extended otherwise by the Contract Documents. 4. The CONTRACTOR agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for the sum of $152,553.00, or as shown in the Bid Schedule. 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Construction Contract Agreement (B) Advertisement for BIDS (C) Information to BIDDERS (D) BID (E) BID BOND (F) General Conditions (G) Labor Classification and Minimum Wage Scale (H) Supplemental General Conditions (I) Payment Bond (J) Performance Bond (K) Roadway Repair Bond (L) Maintenance Bond (M) Notice of Award (N) Notice to Proceed (0) Insurance (P) Specifications A-I Addenda: No. , dated , 20 No. , dated , 20 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. OWNER: City of Port Arthur BY: CONTRACTOR: NAME: Ron Burton TITLE: City Manager Boss Construction Services, LLC of Baytown, Texas BY: NAME: ADDRESS: A-2 THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM CITY MANAGER COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW III KENNETH MARKS VAL TIZENO CHARLOTTE MOSES O T t _�— CITY ATTORNEY DONALD FRANK,SR. Texas MARCH 3,2023 INVITATION TO BID SIDEWALK REPAIRS AT VARIOUS PARKS DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 22, 2023 (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 22, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-031 DELIVERY ADDRESS: Please submit one (1) original and one(1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 1089 1 414 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed INVITATION TO BID(ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. GiAlLamtd- Clifton Williams, CPPB Purchasing Manager Page 2of17 'Y ~'- CITY OF PORT ARTHUR, TEXAS �t�— -- ADDENDUM NO. ONE (1) March 8,2023 BID FOR: SIDEWALK REPAIRS AT VARIOUS PARK The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. The correct location for the non-mandatory pre-bid meeting is the Recreation Center. The address is 1309 9th Avenue, Port Arthur TX. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. eAyp-yr. Gf)d M-d- Clifee!n Williams, CPPB Purchasing Manager WO° Or 47/4.2Al'ac2 7 Signature of Proposer Date „. - CITY OF PORT ARTHUR, TEXAS ADDENDUM NO. TWO (2) ior March 14, 2023 BID FOR: SIDEWALK REPAIRS AT VARIOUS PARK The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS I THE SUBMISSION OF THEIR BID. Addendum as follows: CLARIFICATION 1. Contractors are directed to revision 02 of the Park Layouts as included in Addendum #2 2. ADA ramps required for each park is as follows. a. Bryan Park—Total of two (2) new ADA sidewalk ramps are required. b. Roosevelt Park—No new ADA ramps are required. c. People's Park—Total of two (2) new ADA sidewalk ramps are required. 3. Contractor is directed to the sidewalk details included in this Addendum 02 for standard construction requirements and width of typical sidewalk. Sidewalk widths at People's Park are for the replacing existing sidewalk with widths shown on sketch. Removal and disposal of existing sidewalks are required. City dump does not accept old concrete for salvage or disposal. 4. Contractor will be required to contact"811” Underground Utility-One Call Service and have utilities located, marked, and coordinate with utilities in the immediate area of sidewalk construction if present. 5. Sidewalk locations at Roosevelt and Bryan Parks may be adjusted from current locations to avoid existing trees and/or utilities as necessary and convenient. Proposed sidewalk connections to existing ADA ramps will be necessary when utilizing the existing ADA ramps. 6. Three (3)inch underground electrical conduit as detailed on People's Park Sketch Rev02 to be installed by contractor under new sidewalks. 7. Contractor will be required to sawcut existing curb (at the back of curb)to detach and demolish existing sidewalk at People's Park. Forty (40)feet of existing 6" curb along Proctor street will need to be replaced and repoured at People's Park as indicated on sketch Revision 02. 8, Sealed Bids submittal will remain 3:00 PM March 22"d, 2023, due to CDBG solicitation requirements. Contractors are remined to get bids into the City Secretary as early as possible to avoid rejection of bids. Continue on Page 2 Page 1 of 2 If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS, Cli en Williams, CPPB Purchasing Manager --#11zra" Ye/W.210.27 Signature of Proposer Dat Page 2 of 2 '"` CITY OF PORT ARTHUR,TEXAS 4 orr ; — ADDENDUM NO.THREE (3) rir�ur March 15,2023 BID FOR: SIDEWALK REPAIRS AT VARIOUS PARK The following clarifications, amendments, deletions, additions,revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF'THEIR BID. Addendum as follows: 1. Attached is the updated Wage Decision If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cliff Williams, CPPB Purchasing Manager y/.21,124,2) Signature of Proposer Date Page 1 of 2/14/23,9:53 AM SAM.gov "General Decision Number: TX20230O53 01/06/2023 Superseded General Decision Number: TX20220053 State: Texas Construction Type: Heavy Counties: Hardin, Jefferson and Orange Counties in Texas. HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines and Excluding Industrial and Processing Plants, and Refineries) Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). If the contract is entered . Executive Order 14026 into on or after January 30, generally applies to the 2022, or the contract is contract. renewed or extended (e.g., an . The contractor must pay option is exercised) on or all covered workers at after January 30, 2022: least $16.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2023. If the contract was awarded on . Executive Order 13658 or between January 1, 2015 and generally applies to the January 29, 2022, and the contract. contract is not renewed or . The contractor must pay all extended on or after January covered workers at least 30, 2022: $12.15 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2023. https://sam.gov/wagedetermination/TX2023005310 1/6 2/14/23,9 53 AM SAM.gov The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 ELEC0479-003 09/26/2022 Rates Fringes ELECTRICIAN $ 31.20 13.18 SUTX2000-002 02/11/2000 Rates Fringes Carpenters: Form Building/Form Setting $ 13.15 ** All Other Work $ 13.56 ** Concrete Finisher $ 13.50 ** Laborers: Common $ 7.41 ** Pipelayer $ 8.29 ** Painters: Spray and Brush $ 12.07 ** PILEDRIVERMAN $ 13.65 ** PLUMBER $ 18.28 4.69 Power equipment operators: Backhoe $ 15.55 ** 1.89 Bulldozer $ 15.00 ** Crane $ 13.77 ** Front End Loader $ 10.63 ** https://sam.gov/wage-oetermination/TX20230053/0 2/6 2/14/23,9:53 AM SAM.gov Trackhoe $ 15.60 ** Truck drivers: Dump $ 10.00 ** WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($16.20) or 13658 ($12.15). Please see the Note at the top of the wage determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. 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)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular https://sam.gov/wage-determinalion/TX20230053/0 3/6 2/14/23,9:53 AM SAM.gov rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the https://sam.gov/wage-determinationITX20230053/0 4/6 2H 4/23,9:53 AM SAM.gov classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 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 National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: https:Nsam.gov/wage-determina6on/fX20230053/0 5/6 2/14/23.9:53 AM SAM.gov 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 DECISIO" https://sam.gov/wage-determination/TX20230053/0 6/6 SPECIFICATIONS SIDEWALK REPAIRS AT VARIOUS PARKS SPECIFICATIONS: 1. THE CITY IS HAVE SIDEWALK REPAIRS TO BRYAN PARK, ROSEVELT PARK, AND PEOPLES PARK. 2. DRAWINGS ARE ON THE FOLLOWINF PAGES. 3. STANDARDS AND DETAILS ARE ATTACHED. 4. CONTRACTOR RESPONSIBILITY TO MEASURE AND IF THERE IS AN ERROR ON THE DRAWING, PLEASE CONTACT THE CITY. NON MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, MARCH 9, 2023 AT 2:00 P.M. AT THE OPERATION CENTER, 201 WEST H. 0 MILLS ROAD, PORT ARTHUR, TX 77640 Page 4 of 17 cy- (--"-i)-- 1 1 Li G., .,... . .•.__: • T t—i 1 , I li ' I I I. , I . I CJNI . I I , 1 . , . j . • 1 • I • ,-----..... I 1 1 • . , 1 ; . ..) I '1 I ! i I , , , i , i ; , . 1 lt, liZz) i I : , 1 ; ...... ; . 1 , .. ; . I I, 1 : , Id 1 p r . tdo Esi-Q 1 Q , 0 6 -4..... 1 T- t L/.. u r N ; ; .„,rir— IJd • Ii t _. 1 i I 1 I , # I I i1 i • f i I i 1 L R i If I I j i I ` ( I ' I6- 1 �1 _ _ L G oc 1..)....._} za. In. U cP fb M 1 4 r 1 fr( f)`6.L4 rr- '7,1/ to POO -r L-7? (9) -C; I 7-- 9 7 cr, ,c_N) <-0 • CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Sidewalk Repairs at Various Parks BID DUE DATE: March 22,2023 DESCRIPTION DAYS TO COMPLETE TOTAL COST 5 Days ROOSEVELT PARK $66, 490.00 4 Days PEOPLES PARK $21,208.00 5 Days BRYAN PARK $64,855.00 Boss Construction Services LLC 5608 Sylvia Ln, Baytown, Tx 77523 COMPANY NAME STREET ADDRESS Zetw SIGNATURE OF BIDDER P.O.BOX Boss Doucette Baytown, Tx 77523 PRINT OR TYPE NAME CITY STA IL ZIP OWNER/CEO 281-628-6845 TITLE AREA CODE TELEPHONE NO Boss@bossconstructionservices.net EMAIL FAX NO. Page 5 of 17 CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: geo Boss Do.se h e Printed Name: Owned- / CO) Title: 3sx 6'147in✓c4;4#. csr./pact LLC Company: Date: , se fealOa 3 SUBSCRIBED and sworn to before me by the above named 6o ss D3J e on this the ,2 2 nd day of M Gi,rc - , 20 j-3 •zi-c '`CRY C' STEFFANI BURT Notary ' slic in and for the -� �/ Notary Pubic,State of Texas State of Texas . •, Comm,Expires 04-07-2023 Notary ID 12635754-7 I My commission expires: Page 6 of 17 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: PC I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay -succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. &ass Cns4rac luA SeeveLts LLC J 02�V J Firm Name ate tqXA air ()Ainee/C,‘.:0 Authorized Signature Title G 60 iJC c2P 424,- l06 ys Name (please print) Telephone 8055 looSSC,D.isferog°ti`8i strue«s Email STATE: 12( COUNTY: C bats SUBSCRIBED AND SWORN to before me by the above named 'O6ss DO v cue on this the 2 r'al day of M a.r-c.1i , 20 2 3 . o04'7% STEFFAN! BURT V ! (,1 ` •0=Notary Public,State of Texas :*= Notary u i lie ca• \ 4, Comm.Expires 04-07-2023 I '•', oF�t� � Notary its 12635754-7 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 7 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B.23,84th Leg., Regular Session. OFRCE USEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. .!J Name ofvendorwho hasa business relationship with local governmental entity. ,t C>n rojl o. S.wdce.f L LC 1 Checkthisboxif youarefiling an update toa previously filedquestionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 1...1 Name of local government officer about whom the information is being disclosed. /1)v/tC Name of Officer ..�I Describe each employment or other business relationship with the local government officer,or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A andB for each employment or business relationship described. Attachadditional pages tothis Form CIQ as necessary. A_ Is the local government officer or a family member of the officer receiving or likely to receive taxable income.other than investment income, from the vendor? ®ves I 41 No B. lsthevendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? C�v�s No Describe each employment or business relationship thatthe vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176 003(a)(2)(B), excluding gifts described in Section 176.003(a-1). I.,I 3 � y Signature of vendor doing business with the governmental entity Da e Form provided by Texas Ethics Commission WWW.ethics.state.rX.US Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 9 of 17 House Bill 89 Verification 1, &ST joce,4c. (Person name), the undersigned representative (hereafter referred to as "Representative") of So- C-coNS+rj4?oti 5 r4/"L&j Liz (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. — -_ _ SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 2�" day of ‘-/` Gur'cJkl , 20 23. 4:W..Y PV4,/,`. STEFFAN! BURT (,�. *:ply. _Notary Public,State of Texas &ti4t'v1;- t,`TtJS��• i° y=Comm. Expires 04-07-2023 9 .. $; Notary Public '�,'FF�,� Notary 1© 1253575d-7 i Jr ;ri ".__-- ----- .-...tom--...,--.„—,..---_--A Page ll°of 17 SB 252 CHAPTER 2252 CERTIFICATION I, &3Sf axe,t ,the undersigned n representative of „ r L.vi►(5Trv` .Snvozet Z'C (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. S3c5i 4+c Name of Company Representative (Print) Signature of Company Representative .142/4.2-a.2j Date Page 11 of 17 GENERAL INFORMATION: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. Excluding federally funded projects. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 12 of 17 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounting, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. Page 13 of 17 INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this ITB. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. Page 14 of 17 TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur. its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned. non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Page 15 of 17 Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m.to 5:00 p.m. so that the City will be able to contact the contractor. BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent(100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. SECTION 3 CLAUSE: 1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. Page 16 of 17 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5.The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. 6.Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Page 17of17 Federal Register/Vol. 85, No. 189/Tuesday, September 29, 2020/Rules and Regulations 60907 rulemaking,procurement actions,and (a)Carry out the duties in OMB Community Development Act of 1992 agency programs to the extent feasible. Circular A-119 related to conformity (Section 3),contributes to the Further,when notice and comment assessment activities. establishment of stronger,more rulemaking is otherwise required,each (b)Encourage effective use of agency sustainable communities by ensuring agency should provide the opportunity conformity assessment related that employment and other economic for public comment on the rationale for resources. opportunities generated by Federal the agency's conformity assessment (c)Provide ongoing assistance and financial assistance for housing and decision. policy guidance to the agency on community development programs are, (d)Work with other Federal agencies significant issues in conformity to the greatest extent feasible,directed to avoid unnecessary duplication and assessment. toward low-and very low-income complexity in Federal conformity (d)Contribute to the development and persons,particularly those who are assessment activities. dissemination of: recipients of government assistance for (e)Consider leveraging the activities (1)Internal agency policies related to housing.HUD is statutorily charged and results of other governmental conformity assessment issues;and with the authority and responsibility to agency and private sector programs in (2)Agency positions on conformity implement and enforce Section 3. lieu of creating government-unique assessment related issues that are in the Elsewhere in this issue of the Federal programs or to enhance the effectiveness public interest. Register,HUD published a final rule of proposed new and existing (e)Work with other parts of the that would amend the Section 3 conformity assessment. agency to develop and implement regulations to,among other things, (f)Give a preference for using improvements in agency conformity increase Section 3's impact,and voluntary consensus standards,guides, assessment activities. streamline and update HUD's reporting and recommendations related to (f)Participate in the Interagency and tracking requirements.The final conformity assessment in agency Committee on Standards Policy(ICSP) rule includes a requirement that HUD operations.Each agency retains as the agency representative and set Section 3 benchmarks by publishing responsibility for determining which,if member. a notification,subject to public any,of these documents are relevant to (g)Promote agency participation in comment,in the Federal Register.If a its needs.See OMB Circular A-119 for ICSP working groups related to recipient complies with the statutory a description of voluntary consensus conformity assessment issues,as priorities regarding effort and meets the standards and recommendations for needed. outcome benchmarks in this document, their development and use by Federal (h)Encourage agency participation in HUD will presume the recipient is agencies. efforts related to the development of following Section 3 requirements, (g)Participate,as needed, voluntary consensus standards, absent evidence to the contrary. representing agency and Federal recommendations,and guidelines DATES:Effective Date.October 29,2020. viewpoints,in efforts to develop related to conformity assessment FOR FURTHER INFORMATION CONTACT: voluntary consensus standards, consistent with agency missions, Alastair W.McFarlane,Director, guideline,and recommendations related authorities,priorities,and resources. Economic Development and Public to conformity assessment. (i)Establish an ongoing process for Finance Division,Office of Policy (h)Participate,as needed, reviewing the agency's conformity representing agency and Federal Development and Research,Department P g g Y assessment programs and identify areas of Housingand Urban Development, viewpoints in efforts designed to where efficiencies can be achieved p improve coordination anion 451 7th Street SW,Room 8216, 202— governmental andprivate sector through coordination within the agency Washington,DC 20410;telephone and among other agencies and private 402-5845 (voice/TDD)(this is not a toll- conformity assessment activities. sector conformity assessment activities. free number).Persons with hearingor (i)Work with NIST,other Federal Kevin A.Kimball, speech impairments may access this agencies,ICSP members,and the private sector to coordinate U.S. conformity Chief of Staff. number through TTY by calling the assessment needs,practices,and [FR Doc.2020-18745 Filed 9-28-20;8:45 am] Federal Relay Service,toll-free at,800— requirements in support of the efforts of BILLING CODE 3510-13-P 877-8339.General email inquiries the U.S.Government and U.S.industry regarding Section 3 may be sent to: to increase international trade of U.S. section3@hud.gov. products and services. DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: (j)Assign an Agency Standards URBAN DEVELOPMENT I.Background Executive the responsibility for coordinating agency-wide 24 CFR Part 75 Section 3 of the Housing and Urban implementation of the guidance in this Development Act of 1968(Pub.L.90— (Docket No.FR085-N-04) part who is situated in the agency's -0 448,approved August g 1,1968)(Section organizational structure such that the Section 3 Benchmarks for Creating 3)(12 U.S.C.1701u)was enacted to Agency Standards Executive is kept Economic Opportunitiesensure,to the greatest extent feasible, g Y P for Low-and regularly apprised of the agency's VeryLow-Income Persons and Eligible that economic opportunities generated bycertain HUD financial assistance regulatory,procurement,and other Businesses mission-related activities,and has expenditures are directed to low-and sufficient authority within the agency to AGENCY:Office of the Assistant Deputy very low-income persons,particularly ensure implementation of the guidance Secretary for Field Policy and those who receive Federal financial in this part. Management,HUD. assistance for housing and those ACTION:Notification of benchmarks. residing in communities where the §287.5 Responsibilities of Agency financial assistance is expended. Standards Executives. SUMMARY:Section 3 of the Housing and In accordance with statutory Each Agency Standards Executive Urban Development Act of 1968,as authority,HUD is charged with the should: amended by the Housing and responsibility to implement and enforce 60908 Federal Register/Vol. 85, No. 189/Tuesday, September 29, 2020/Rules and Regulations Section 3.HUD's regulations Targeted Section 3 workers was set at 5 meaningful and more aligned with implementing the requirements of percent or more of the total number of statutory requirements.The final rule, Section 3 have not been updated since labor hours worked by all workers on a consistent with HUD's Section 3 1994 and are not as effective as HUD Section 3 project. proposed rule,includes new metrics for believes they could be.Furthermore, Methodology compliance safe harbors and provides significant legislation has been enacted that these benchmarks will be set by that affects HUD programs that are To determine these benchmarks,HUD notification in the Federal Register.The subject to Section 3 and that are not looked at the total hours worked on a final rule separates out the new adequately addressed in the current construction or development project, requirements and benchmarks by the Section 3 regulations.On April 4,2019, the total number of workers that would type of funding,as follows: HUD proposed a rule to update the likely qualify as Section 3 workers,and (1)Public housing program:Subpart Section 3 regulations. See 84 FR 13177. the potential pool of Targeted Section 3 B,Additional Provisions for Public The proposed rule incorporated a workers.In order for the Section 3 Housing Financial Assistance,covers change from tracking the number of employment goal to be attainable,HUD development assistance provided Section 3 qualified new hires in public determined a labor-hour threshold that pursuant to section 5 of the U.S. housing financial assistance and Section is congruent with the labor market for Housing Act of 1937(1937 Act)and 3 projects,to tracking the total labor low-income workers by examining the Operating Fund and Capital Fund hours worked.In connection with the lower end of the wage distribution of assistance provided pursuant to section proposed rule,HUD issued a proposed the relevant industries.Based on the 9 of the 1937 Act,collectively;these are benchmark notification. See 84 FR wage distribution data for on-site defined as public housing financial 13199.The proposed benchmark construction and building services, assistance in the proposed rule. notification included a proposed HUD set the threshold for Section 3 (2) Other HUD programs:Subpart C, benchmark number and the labor hours at 25 percent of all labor Additional Provisions for Section 3 methodology for determining the hours to encourage recipients, Projects,covers housing rehabilitation, benchmarks. subrecipients,contractors,and housing construction,and other public Benchmarks subcontractors to hire more Section 3 construction projects assisted under workers for construction.For the HUD programs that provide housing and For public housing financial Targeted Section 3 benchmarks,HUD community development financial assistance,the proposed benchmark estimated the number of residents of assistance when the amount of notification provided that PHAs and public housing or Section 8-assisted assistance to the project exceeds a other recipients would meet the safe housing,of current YouthBuild threshold of$200,000,and is defined as harbor in the new§75.13 by certifying participants,and of workers employed a Section 3 project.A$100,000 project to the prioritization of effort in the new by Section 3 business concerns.HUD threshold applies to grants under HUD's §75.9 and meeting or exceeding Section also examined commuting times based Lead Hazard Control and Healthy 3 benchmarks for total number of labor on U.S.Census data.Finally,HUD Homes programs. hours worked by Section 3 workers and reviewed Community Development As for new metrics,the final rule by Targeted Section 3 workers. (See the Block Grant program(CDBG)and HOME provides,consistent with the Section 3 definitions of these two categories of Investment Partnerships Program proposed rule,that HUD will establish workers at the end of Section IT of this (HOME)projects to estimate the number the Section 3 benchmarks,through a preamble,below.)The benchmark for of potential Targeted Section 3 workers Federal Register notification.The final Section 3 workers was set at 25 percent available for Section 3 projects.Based rule provides that HUD may establish a or more of the total number of labor on these data,HUD determined that 5 single nationwide benchmark for work hours worked by all workers employed percent of all labor hours,or,in other performed by Section 3 workers and a with public housing financial assistance words,20 percent of the Section 3 labor single nationwide benchmark for work in the PHA's or other recipient's fiscal hour threshold,was a reasonable goal performed by Targeted Section 3 year.The benchmark for Targeted for both public housing financial workers,or may establish multiple Section 3 workers was set at 5 percent assistance and for Section 3 projects. benchmarks based on geography,the or more of the total number of labor HUD sought public comment on both type of public housing financial hours worked by all workers employed the proposed rule and benchmark assistance,or other variables.The final with public housing financial assistance notification and received 187 public rule also provides,in establishing the in the PHA's or other recipient's fiscal comments, 163 public comments on the benchmarks,that HUD may consider the year. proposed rule and 24 public comments industry averages worked by specific For Section 3 projects,the proposed on the proposed benchmark categories of workers or in different benchmark notification set the same notification.Comments on the proposed localities or regions;prior Section 3 benchmarks but with regards to the rule and notification covered both reports by recipients;and any other project itself rather than the recipient's content on the rule and the benchmark factors HUD deems important.In fiscal year.The proposed benchmark numbers. Therefore,all public establishing the Section 3 benchmarks, notification provided that recipients comments received on both the HUD would exclude professional would meet the safe harbor in the new proposed rule and the proposed services,which would be defined as §75.23 by certifying to the prioritization benchmark notification are addressed in non-construction services that require of effort in the new§75.19 and meeting HUU's Section 3 final rule. an advanced degree or professional or exceeding Section 3 benchmarks for licensing,including,but not limited to, total number of labor hours worked by IL Section 3 Final Rule contracts for legal services,financial Section 3 workers and by Targeted The Section 3 final rule creates new consulting,accounting services, Section 3 workers.The benchmark for Section 3 regulations in 24 CFR part 75; environmental assessment,architectural Section 3 workers was set at 25 percent the public can find the final rule issued services,and civil engineering services. or more of the total number of labor elsewhere in today's Federal Register. Lastly,HUD commits to updating the hours worked by all workers on a The Section 3 final rule aims to make benchmarks no less frequently than Section 3 project.The benchmark for Section 3 goals and reporting more once every three years through notice, Federal Register/Vol. 85, No. 189/Tuesday, September 29, 2020/Rules and Regulations 60909 subject to public comment,in the included in the proposed benchmark benchmarks will be considered to have Federal Register. notification.In the final rule,HUD is complied with requirements in HUD created the Section 3 worker and not adopting the new hires formula as proposed 24 CFR part 75,subpart C,in Targeted Section 3 worker concepts so proposed as an alternative in the the absence of evidence to the contrary: that HUD could track and set proposed rule,so the new hires formula (1)Twenty-five(25)percent or more benchmarks to target selected categories is accordingly not reflected in this of the total number of labor hours of workers and to recognize the document.HUD is finalizing the same worked by all workers on a Section 3 statutory requirements pertaining to benchmarks for all public housing project are Section 3 workers; contracting opportunities for business financial assistance and Section 3 concerns employing low-and very-low projects.The methodology in Targeted Section 3 Labor Hours =25% income persons. determining the Section 3 benchmarks, Total Labor Hours In the final Section 3 rule,HUD as discussed above in the Background defines a Section 3 worker for both section,did not change from what was and public housing financial assistance and described in the proposed benchmark (2)Five(5)percent or more of the Section 3 projects as a worker that meets notification because the definitions of total number of labor hours worked by one of the following requirements: Section 3 Workers,Targeted Section 3 all workers on a Section 3 project are • The worker's income is below the Workers,and Section 3 Business Targeted Section 3 workers,as defined income limit established by HUD. concerns provided in the proposed rule at§75.21. • The worker is employed by a and adopted in the Section 3 final rule Section 3 business concern. were not substantially different.Once Targeted Section 3 Labor Hours =5% • The worker is a YouthBuild HUD has more data,it may determine participant. whether different benchmarks are Total Labor Hours HUD defines a Targeted Section 3 appropriate.Please see the above IV.Environmental Impact worker differently for public housing summary in the Background section of financial assistance and Section 3 this document and the proposed This document involves the projects.For§75.11,public housing benchmark notification for more establishment of new Section 3 financial assistance,a Targeted Section information. benchmarks for creating economic 3 worker includes any worker who is The following benchmarks apply to opportunities for low-and very low- employed by a Section 3 business recipients subject to Section 3 upon the income persons and eligible businesses, concern or is a: effective date in the Section 3 final rule: and does not direct,provide for • Resident of public housing or assistance or loan and mortgage Section 8-assisted housing; Public Housing Financial Assistance insurance for,or otherwise govern or • Resident of another project For meeting the safe harbor in§75.13, regulate,real property acquisition, managed by the PHA that is expending PHAs and other recipients that certify to disposition,leasing,rehabilitation, assistance;or following the prioritization of effort in alteration,demolition,or new • YouthBuild participant. §75.9 and meet or exceed the following construction;or establish,revise,or For§75.21,Section 3 projects,a Section 3 benchmarks will be provide for standards for construction or Targeted Section 3 worker includes any considered to have complied with construction materials,manufactured worker who is employed by a Section 3 requirements in proposed 24 CFR part housing,or occupancy.Accordingly, business concern or is a Section 3 75,subpart B,in the absence of under 24 CFR 50.19(c)(1),this document worker who is: evidence to the contrary: is categorically excluded from • Living within the service area or (1)Twenty-five(25)percent or more environmental review under the neighborhood of the project;or of the total number of labor hours National Environmental Policy Act of • A YouthBuild participant. worked by all workers employed with 1969(42 U.S.C. 4321). HUD defines a Section 3 business public housing financial assistance in concern as a business concern that the PHA's or other recipient's fiscal year Benjamin S.Carson,Sr., meets one of the following are Section 3 workers; Secretary. requirements: [FR Doc.2020-19183 Filed 9-28-20;8:45 am] • It is at least 51 percent owned by Section 3 Labor Hours =25% BILLING CODE 4210-67-P low-or very low-income persons; • Over 75 percent of the labor hours Total Labor Hours performed for the business are and DEPARTMENT OF THE TREASURY performed by low-or very low-income (2)Five(5)percent or more of the persons;or total number of labor hours worked by Internal Revenue Service • It is a business at least 51 percent all workers employed with public owned by current public housing housing financial assistance in the 26 CFR Part 1 residents or residents who currently live PHA's or other recipient's fiscal year are in Section 8-assisted housing. Targeted Section 3 workers,as defined [TD 9901] For more information about the final at§75.11. rule,HUD refers readers to the final rule RIN 1545—BOSS published elsewhere in this issue of the Targeted Section 3 Labor Hours =5% Deduction for Foreign-Derived Federal Register. -- Total Labor Hours Intangible Income and Global III.Section 3 Benchmarks Intangible Low-Taxed Income; This document finalizes the Section 3 Project Correcting Amendment benchmarks with regards to labor hours For meeting the safe harbor in§75.23, AGENCY:Internal Revenue Service(IRS), for both public housing financial recipients that certify to following the Treasury. assistance and Section 3 projects prioritization in§75.19 and meet or ACTION:Correcting amendments. without changes from what was exceed the following Section 3 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by CITY. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRA UD UL ENT STATEMENTS AND RELATED ACTS 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the CITY assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by CITY under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by CITY. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. f1CCESS TO RECORDS The following access to records requirements apply to this Contract: • Where the Purchaser is not a State but a local government and is the CITY Recipient or a subgrantee of the CITY Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the CITY Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the CITY Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable CITY regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and CITY, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements CITY may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 3. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action 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. In addition, the Contractor agrees to comply with any implementing requirements CITY may issue. 4. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition,the Contractor agrees to comply with any implementing requirements CITY may issue. 5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements CITY may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by CITY, modified only if necessary to identify the affected parties 6. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con- tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 7. INCORPORATION OF FEDERALTRANSIT ADMINISTRATION(CITY)TERMS Incorporation of Federal Transit Administration (CITY) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in CITY Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all CITY mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the CITY terms and conditions. 8. TERMINATION TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. 9. DEBARMENT& SLSPE\S/ON This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BUY AMERICA REOUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in CITY-funded projects are produced in the United States, unless a waiver has been granted by CITY or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. 11. RESOLUTION OF DISPUTES. BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for 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. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 12. RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law 101-121, as implemented by the Department of Transportation in 49 C.F.R. Part 20, and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority. 13. CLEAN AIR (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 14. CLEAN WATER ACT (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 15. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the CITY recipient (through the contractor in the case of a subcontractor's bill- of- lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel 16. FLY AMERICA REQUIREMENTS Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17.DAVIS BACON Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color,religion, sex, age or national origin. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141,et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government."40 USC 3145(a), 29 CFR 5.2(h),49 CFR 18.36(i)(5). The Acts apply to any construction contract over$2,000. 40 USC 3142(a), 29 CFR 5.5(a). `Construction,' for purposes of the Acts, includes"actual construction, alteration and/or repair, including painting and decorating."29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause(see 29 CFR 3.11)enumerated at 29 CFR 5.5(a)and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. (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 (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 29 CFR Part 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 classifications and wage rates conformed under paragraph (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) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), 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; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (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, Employment Standards Administration, 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. (v)(A)The contracting officer shall require that any class of laborers or mechanics 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 therefor 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, Employment Standards Administration, 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 with 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)(v) (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. (2) Withholding - City Utilities 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, City Utilities 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 City Utilities for transmission to the Federal Transit Administration as requested. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (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 maintained under section 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 231 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 Federal Transit Administration 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. (5) 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, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, 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 Bureau of Apprenticeship and Training 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 of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, 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 Flour 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) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (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 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 18. .CONTRACT WORK HOURS AND SAFETY STAND- ARDS ACT — O6'ERTLME COMPENSATION 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 (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States 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 (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(1)of this section. 3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) 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 (2) of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through (4)of this section. 19. BONDING BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. PERFORMANCE AND PAYMENT BOND REOUIREMENTS: Per Government Code Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 20.SEISMIC SAFETY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 21. PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for CITY, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by CITY. 22. PRE-AWARD AND POST DELIVERY AUDITS REOUIREMENTS - Clause and language therein are merely suggested.49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. • Buy America certification is mandated under CITY regulation, "Pre- Award and Post-Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. • Specific language for the Buy America certification is mandated by CITY regulation, "Buy America Requirements--Surface Transportation Assistance Act of I 982,as amended,"49 C.F.R.66I.12,but has been modified to include CITY's Buy America requirements codified at 49 U.S.C.A 53230). Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C.§5323(1)and CITY's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: 1. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH CITY REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK,OR ASSOCIATED EQUIPMENT 23. ENERGY POLICY AND CONSERVATION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.). 24. BID PROTESTS. (1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five(5)working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney, within fifteen (15) days of receipt of the protest. Within the fifteen (15)day time period, the City will: • Allow for informal conference on the merits of the protest with all interested parties. •Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation,they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. 25. RECYCLED PRODUCTS. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act(RCRA), as amended (42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. 26.MINORITY CONTRACTIRS If a subcontractor is required to meet that goal, the following will be done to make a good faith effort to hire a minority business 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F .R. § 200.321 (b)(1 ). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.32 1 (b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. §200.321 (b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5).