HomeMy WebLinkAboutPR 23124: PROFESSIONAL ENGINEERING SERVICES CONTRACT WITH CHICA AND ASSOCIATES, INC. City 0f _71-
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www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: January 17th,2024
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: John Cannatella,PE, City Engineer
RE: PR 23124: Authorizing the City Manager or his designee to negotiate a professional
engineering services contract with Chica and Associates, Inc. for Construction
Management and/or other necessary Engineering Services regarding the Stonegate
Drainage Improvement Project.
Introduction:
The intent of this agenda item is to seek the City Council's approval authorizing the City Manager or
his designee to negotiate an engineering contract with Chica and Associates,Inc.to perform professional
engineering services associated with the Stonegate Drainage Improvement.
Background:
The City of Port Arthur (City) seeks the expertise and additional resources necessary to successfully
manage construction activities,realize cost savings, coordinate with the pipeline and utility companies
located within the limits of the project, interface, and coordinate with the Babe Zaharias Golf Course
operations, and ensure that federal construction guidelines are being adhered too.
City of Port Arthur advertised for requests for qualifications (RFQ) on September 9, 2023, and
September 16,2023,and five qualifications statements were received on September 27th,2023,to select
an engineering firm to manage the construction activities and to recommend any engineering value
savings to the Stonegate Drainage Improvement project.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4t Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Budget Impact:
Project Funds are to be allocated into the Hazard Mitigation Grant Account and the Community
Development Block Grant DR Account. PROJECT NO. DR1PO4.
Recommendation:
It is recommended that the City of Port Arthur's City Council approve PR 23124 authorizing the City
Manager or his designee to negotiate an engineering contract with Chica and Associates for the to
perform professional engineering and construction management services for the Stonegate Drainage
Project
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
PR No.23124
1/16/2024 JCC
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO NEGOTIATE A PROFESSIONAL ENGINEERING SERVICES CONTRACT
WITH CHICA AND ASSOCIATES, INC. FOR CONSTRUCTION
MANAGEMENT AND/OR NECESSARY ENGINEERING SERVICES
REGARDING THE STONEGATE DRAINAGE IMPROVEMENT PROJECT.
FUNDS ARE TO BE ALLOCATED FROM THE HAZARD MITIGATION GRANT
ACCOUNT AND THE COMMUNITY DEVELOPMENT BLOCK GRANT DR
ACCOUNT. PROJECT NO. DR1PO4.
WHEREAS, pursuant to Resolution 18-231, the City of Port Arthur adopted the
2018 Disaster Recovery and Resiliency Plan (DRRP) for recovery activities following
Hurricane Harvey; and,
WHEREAS, the DRRP included mitigation planning and investment in
infrastructure to rebuild/repair streets, utilities, public facilities, water, sewer, and
drainage in addition to identifying areas in the 100 year flood zone frequently flooded
during previous storms or significant rain events; and,
WHEREAS, the community of Stonegate was selected as an area that has experienced
significant flooding due to rain events, flash flooding and drainage related issues; and
WHEREAS, the City of Port Arthur advertised for requests for qualifications (RFQ) on
September 9, 2023 and September 16, 2023 and five qualifications statements were received
on September 27, 2023 to select the engineering firm to manage the construction activities and
to recommend value savings to the Stonegate Drainage Improvement project; and,
WHEREAS, Chica and Associates, Inc. was selected as the most qualified respondent,
see Exhibit A; 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
negotiate a contract with Chica and Associates, Inc. of Beaumont, Texas to perform professional
engineering and construction management services for the Stonegate Drainage Project; 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. 2024
at a meeting of the City of Port Arthur, Texas by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Thurman Bill Bartle
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION:
Valecia Tizeno Ronald Burton
City Attorney City Manager
APPROVED AS FOR AVAILABILITY OF
FUNDS:
r-A.D e)cei
Lynda Boswell
Director of Finance
John COnnatella, PE
City Engineer
Clifton Williams, CPPB
Purchasing Manager
EXHIBIT "A"
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CITY OF PORT ARTHUR, TEXAS
REQUEST FOR QUALIFICATIONS
NOTICE IS HEREBY GIVEN THAT sealed Qualifications, addressed to the City of Port
Arthur, will be received at the Office of the City Secretary, City Hall 444-4th Street or P. O.
Box 1089, Port Arthur, Texas 77641 no later than 3:00 P.M., Wednesday, September 27,
2023 and all bids received will thereafter be opened and read aloud on Wednesday, September
27, 2023 at 3:15 P.M. in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for
certain services briefly described as:
REQUEST FOR QUALIFICATIONS (RFQ)
FOR CONSTRUCTION MANAGEMENT OF STONEGATE DRAINAGE
IMPROVEMENTS
Qualifications received after closing time will be returned unopened.
Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,
444-4th Street, City of Port Arthur, and are open for public inspection without charge. They can
also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or
www.publicpurchas e.corn,
The City of Port Arthur reserves the right to reject any and all qualifications and to waive
informalities.
Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall
not award a contract to a company that is in arrears in its obligations to the City.
C ifton Williams
Purchasing Manager
FIRST PUBLICATION: September 9, 2023
SECOND PUBLICATION: September 16, 2023
I
CITY OF PORT ARTHUR
Request for Bid
(RFQ) For Construction Management of Stonegate
Drainage Improvements
September 9, 2023 September 16, 2023
-. PUBLIC NOTICE
•CITY OF PORT ARTHUR,TEXAS
REQUEST FOR QUALIFICATIONS .
•
IOTICE IS HEREBY GIVEN THAT sealed Qualifications, addrell ssed hto he
Cityor of Port Box 089,
Arthur,
rill be received at the Office of the City Secretary,City 27,'ort Arthur,Texas 77641 no later than 3:00 P.M.,Wednesday,September ber 27, and
at 3:15
s
eceived will thereafter be opened and read aloud on Wednesday,
>.M.in the City Council Chambers,5th Floor,City,Hall;Port Arthur;Texas for certain services briefly
iescribed as:
REQUEST FOR QUALIFICATIONS(RFQ)
FOR CONSTRUCTION MANAGEMENT.OF STONEGATE DRAINAGE l
IMPROVEMENTS i
Qualifications received after closing time will be returned unopened.
•
n for public Inspection without charge.They can also '
'Copiessof the-Specifications and other Contract Documents are on file in the Purchasing Office,
444-4th Street,City of Port Arthur,and are ope �h,�Y nnvlbids.asox or + r aubfico r hase.com. rl
be retrieved from the City's website at www.norta
'The •City of Port Arthur reserves the right to reject any and all qualifications and to waive
1
}informalities.
!Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance, the City Council shall not
award a contract to a company that is in arrears in its obligations.to the City.
\ . .
ei-
C1i n�ti`illiams.CPPti PUBLIC NOTICE
•
Purchasing i\1anngcr
fY OF PORT ARTHUR,TEXAS
REQUEST FOR QUALIFICATIONS
•
NOTICE IS HEREBY GIVEN THAT.sealed Qualifications, addressed to the City of Port Arthur,
will be received at the Office of the City;Secretary, City Hall 444-4th Street or P.O. Box 1089,
Port Arthur,Texas 77641 no later than 3:00 P.M., Wednesday, September 27,2023 and all bids
received will thereafter be opened and read aloud on Wednesday, September 27, 2023 at 3:15
I P.M.in the City Council Chambers,5th Floor,City Hall,Port Arthur,Texas for certain services briefly
described as:
• - . REQUEST FOR QUALIFICATIONS(RFQ)
FOR CONSTRUCTION MANAGEMENT OF STONEGATE DRAINAGE
IMPROVEMENTS
Qualifications received after dosing time will be returned unopened. .
•
Copies of the Specifications and other Contract Documents are on file in the Purchasing Office„
444-4th Street,City of Port Arthur,and are open for public inspection without charge.They can also
• be retrieved from the City's website at urtx.00vlbids.asoX or w".oubiicourchase,com.
The City of Port Arthur reserves the right to reject any and all qualifications and to waive'
Informalities.
Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not
award a contract to a company that is in arrears in Is obligations to the City.
Clifton Williams,CPPB
Purchasing Manager
—4
THURMAN BILL BARTIE,MAYOR RONALD BURTON
TIFFANY HAMILTON,MAYOR PRO TEM City of CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
WILLIE BAE LEWIS ��� CITY SECRETARY
DONEANE BECKCOM o r t r t It r[r
HAROLD L.DOUCET,SR VAL TIZENO
THOMAS KINLAW III Texas CITY ATTORNEY
DONALD FRANK,SR.
SEPTEMBER 19, 2023
REQUEST FOR QUALIFICATIONS
CONSTRUCTION MANAGEMENT OF STONGATE DRAINAGE IMPROVEMENTS
DEADLINE: Sealed Qualification submittals must be received and time stamped by 3:00 p.m.,Central
Standard Time Wednesday, September 27, 2023. (The clock located in the City Secretary's office
will be the official time.) All qualifications received will be read aloud at 3:15 p.m. on Wednesday,
September 27, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are
invited to attend.
MARK ENVELOPE: P23-068
DELIVERY: Please submit one (1) original and three (3) exact duplicate copies and USB of your
RFQ 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 Request for Qualifications 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 10891444 4th Street I Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed REQUEST FOR QUALIFICATIONS (RFQ) and accompanying GENERAL
INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting
qualifications for the enclosed referenced services for the City of Port Arthur.
Qualifications must be signed by a person having authority to bind the firm in a contract. Qualifications
shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner
of the envelope.
ALL QUALIFICATIONS 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 RFQ
submittal arrives at the above location by specified deadline regardless of delivery method chosen by the
firm. Faxed or electronically transmitted RFQ submittals will not be accepted.
aJde
Clifton Williams
Purchasing Manager
Page 2 of 66
Request for Qualifications
Construction Management Services
INTRODUCTION
The City of Port Arthur is soliciting bids for Stonegate Drainage Improvements. FEMA/CDBG-DR will
fund the project.The Construction Management must be provided by an engineering firm.The firm must
have knowledge of federal requirements of FEMA and CDBG.
A. Construction Management:
1. Develop a construction management plan for approval by City to include procedures for team
communication, review, reporting, and approval.
B. Communications
1. Report in person and in writing, at regular intervals and at special need times, to the Public
Works Director and City Engineer.
C. Construction Phase
1. Provide on-site construction management.
2. Maintain daily on-site project log and as-built schedule report. Prepare daily reports of
observations and activities. Secure the general contractor's daily log reports.
3. Perform periodic digital video and still photography of the progress of the project. Said
photography must show date of the events and conditions being recorded. All non-
compliance issues as well as any other site condition requested by City staff shall be
photographed.
4. Coordinate, review and approve the Contractor's proposed Critical Path Method (CPM)
schedule for completion of the project.
5. Review contractor's schedule update submittals for conformance to master schedule and
contract documents.
6. Conduct pre-construction inspection. Schedule and conduct bi-weekly construction and
progress meetings to discuss such matters as procedures,progress,problems and scheduling.
Prepare and promptly distribute minutes. 7.
7. Establish and implement procedures for review and processing of all project documentation.
Facilitate engineer review of contractor submitted questions or product information.
8. Oversee Quality Assurance of the construction activities to conform to plans and
specifications. Monitor contractor work performance for deficiencies and recommend any
special testing needed.
9. Perform all special inspections required for project.
10. Maintain all project documents,drawings,contract change orders,contractor submittals,shop
drawing and correspondence in electronic form and hard copy.
11. Maintain at the project site in an "as current" basis, a record copy of all contracts, drawings,
specifications, addenda, change orders and other modifications, in good order and marked to
record all changes made during construction.
12. Maintain RFI, submittal and change order logs. Ensure consultants and engineers respond
within contract time frames.
13. Maintain a daily log containing a record of weather, contractors, work on site, number of
workers,work accomplished,problems encountered,solutions agreed upon,and other similar
relevant data as the City may require.
Page 3 of 66
14. Monitor and endeavor to ensure the establishment and implementation of appropriate safety
programs by the Contractor.
D. Construction Completion and Closeout
1. Compile detailed "punch lists" with the Engineer.
2. Coordinate closeout procedures. Monitor the Contractor's, the subcontractors', and
Engineer's progress to finalize all project records, complete and correct as-builts, and other
documentations required by the Director of Public Works and City Engineer.
3. Oversee the complete performance of all punch list items and final clean-up before contractor
moves off site.
4. Coordinate final testing, documentation and regulatory inspections.
5. Advise on substantial and final completion and any liquidated damages.
6. Advise on final payment.
E. The following conditions are also applicable duties and responsibilities of the Contractor:
a. Observe the Work.The Contractor shall observe the work for conformance with the approved
(stamped) design drawings and specifications. Architect/Engineer-reviewed shop drawings
may be used only as an aid to inspection. Inspections are to be performed on a continuous
basis, meaning that the Contractor is on site in the general area at all times observing the
work requiring inspection.
b. Report Nonconforming Items. The Contractor shall bring nonconforming items to the
immediate attention of the Construction Superintendent and note all such items in the daily
report. If any item is not resolved in a timely manner or is about to be incorporated into the
work, the Contractor shall immediately notify the Public Works Director by telephone or in
person.
c. Furnish Daily Reports. Complete and sign both the inspection record and the daily report
from for each day's inspections. These records shall remain at the jobsite with the Contractor
for review by the Public Works Director and City Engineer.
d. Furnish Weekly Reports. The Contractor shall furnish weekly reports of tests and inspections
directly to the Public Works Director and others as designated. These reports must include
the following:
(1). Description of daily inspections and tests made with applicable locations;
(2). Listing of all nonconforming items;
(3). Report on how nonconforming items were resolved or unresolved as applicable; and,
(4). Itemized changes authorized by the engineer and Public Works Director and City
Engineer if not included in nonconformance items.
All Reports and information provided to or developed by the Contractor shall be considered
to be the confidential property of the City, and Contractor shall distribute or disclose such
reports and information only to those persons, organizations or agencies specifically
designated in writing by the City or its authorized representative.
e. Retain Records. Contractor shall retain all pertinent records relating to the services performed
for a period of six years following project completion during which period the records will
be made available to the City at all reasonable times.
Page 4 of 66
The City of Port Arthur requires comprehensive responses to every section within this RFQ. To
facilitate the review of the responses, Firms shall follow the described qualification format. The
intent of the qualification format requirements is to expedite review and evaluation. It is not the
intent to constrain Vendors with regard to content,but to assure that the specific requirements set
forth in this RFQ are addressed in a uniform manner amenable to review and evaluation. It is
requested that qualification packets be limited to no more than 50 pages, excluding resumes.
A.) QUALIFICATIONS
1. Provide a profile of experience for the members of the firm. This section shall include, but not
be limited to,the following:
a. Experience of team — The previous experience, education, training, certification/licensing,
designation(s) and other qualifications of individuals or key staff in construction
management and inspection projects. At a minimum the following item will be required:
b. Have a minimum of two (2) years of experience in construction management services as
described in this RFQ.
2. At a minimum, provide the following information for each project listed:
a. Company Name, contact person, including telephone number, email addresses
b. Project name and location
c. Project Owner, title and current phone number
d. Project cost or contract value
e. Project size (square feet or linear feet);
f. Description of the project, scope of services, describing your experience. and work
performed by your firm
g. Names of consultant firms, if any, and their areas of expertise
h. Description of how this project is similar and why the services provided are relevant to this
project
i. Period of time for which work was performed
B.)REFERENCES
1. A list of at least three references including names, positions and telephone numbers for the
individuals identified in the qualifications.Note: If the telephone numbers are incorrect the firm
will receive zero points for that reference.
C.) FEDERAL KNOWLEDGE
1. Please list additional information stating you're your knowledge and experience with
FEMA/CDBG projects.
Page 5 of 66
1. EVALUATION AND SELECTION PROCESS
All proposals will be screened by an evaluation committee and those proposers selected for a short list
if needed may be invited to attend an interview, at the proposers own expense. Any invitation for an
oral presentation will be solely for the purpose of clarifying proposals received from each qualifying
proposer, and will not represent any decision on the part of the evaluation committee as to the selection
of a successful proposer.
The City will evaluate all responses based on the qualifications,past performance,project approach, and
quality of response. The City reserves the right to negotiate the final fee prior to recommending any
Vendor for a contract.
The City's process is as follows:
1. The evaluation committee shall screen and rate all of the responses that are submitted.
Evaluation ratings will be on a 100 point scale and shall be based on the following criteria:
a. 65%Qualifications
b. 25% References
c. 10% Federal Knowledge
2. City staff shall recommend the most qualified Bidder to the City Council and request
authority to enter into contract negotiations.
3. When services and fees are agreed upon, the selected Bidder shall be offered a contract
subject to City Council approval.
4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next,
highest ranked Bidder. The process shall continue until an agreement is reached with a
qualified Bidder.
5. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in the
preparation and presentation of a response. All finalist(s) shall pay their own costs incurred
in preparing for, traveling to and attending interviews.
The City reserves the right to use all pertinent information(also learned from sources other than disclosed
in the RFQ process) that might affect the City's judgment as to the appropriateness of an award to the
best evaluated proposer. This information may be appended to the proposal evaluation process results.
Page 6 of 66
LETTER OF INTEREST
RFQ—CONTRACT MANAGEMENT SERVICES
Deadline: September 26,2018
The undersigned firm submits the following information(this RFQ submittal)in response to the Request
for Qualifications (as amended by any Addenda), issued by the City of Port Arthur, TX (City) For
Construction Management Services. Enclosed, and by this reference incorporated herein and made a
part of this RFQ, are the following:
❖ Completed RFQ Letter of Interest Form
❖ Completed Affidavit
❖ Non Collusion Affidavit
❖ Completed Conflict of Interest Form
❖ HB 89 Verification
❖ SB 252 Certification
Firm understands that the City is not bound to select any firm for the final pre-qualified list and may
reject any responses submitted.
Firm also understands that all costs and expenses incurred by it in preparing this RFQ and participating
in this process will be borne solely by the firm, and that the required materials to be submitted will
become the property of the City and will not be returned.
Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete
statements in this RFQ. Firm accepts all terms of the RFQ submittal process by signing this letter of
interest and making the RFQ submittal.
This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Address
Email
Page 7 of 66
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:
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.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
4
Email
STATE:
1 COUNTY:
I
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE QUALIFICATION SUBMITTAL
Page 8 of 66
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. OFFICE USE ONLY
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 of vendor who has a business relationship with local governmental entity.
J riCheck this box if you are filing an update to a previously filed questionnaire.(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.)
J Name of local government officer about whom the information is being disclosed.
Name of Officer
J 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 and B for each employment or business relationship described.Attach additional pages to this 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?
nYes n No
B. Is the vendor 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?
nYes n No
J Describe each employment or business relationship that the 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 afamily 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).
J
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 9 of 66
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) Avendor 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 10 of 66
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:
Printed Name:
Printed
Name:
Title:
Company:
Date:
SUBSCRIBED and sworn to before me the undersigned authority by the of, on
behalf of said bidder.
Notary Public in and for the
State of Texas
My commission expires:
Page 11 of 66
House Bill 89 Verification
I, (Person name), the undersigned representative
(hereafter referred to as "Representative") of
(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
day of , 20
Notary Public
Page 12 of 66
SB 252
CHAPTER 2252 CERTIFICATION
I, , the undersigned and
Representative of
(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.
Name of Company Representative (Print)
Signature of Company Representative
Date
GENERAL INFORMATION:
Page 13 of 66
Proposers are cautioned to read the information contained in this RFP carefully and to submit a
complete response to all requirements and questions as directed.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP,the terms "Bid" and `Proposal"
shall be equivalent.
AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with
these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in
accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all
proposals.
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.
WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written
request, over the signature of an authorized individual, to the Purchasing Division any time prior to the
submission deadline. The proposer may thereafter submit a new proposal prior to the deadline.
Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if
submitted after the deadline.
CONFLICT OF INTEREST:No public official shall have interest in this contract,in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
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 RFP will be made by addenda no later
than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of
addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no
responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to
acknowledge and submit any addendum may be cause for the proposal 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.
All addenda will be numbered consecutively, beginning with 1.
Page 14 of 66
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.: Housing Dept, 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. The City of Port Arthur may
request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City
Attorney concerning any portion of these requirements.
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.
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 RFP.
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.
Page 15 of 66
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.
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.
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.
Page 16 of 66
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 Contract 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.
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
Page 17 of 66
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.
Page 18 of 66
FEDERAL CLAUSES
Funding for this Contract has been provided in full or in part by Federal Emergency Management Agency's
("FEMA") Hazard Mitigation Grant Program ("HMGP") through the Texas Division of Emergency
Management("TDEM") and the U.S. Department of Housing and Urban Development's ("HUD") Community
Development Block Grant Disaster Recovery ("CDBG-DR") program through the Texas General Land Office
("GLO").
The City's GLO Contract No. 20-065-142-C782 Community Development Block Grant Disaster Recovery
Program Infrastructure Projects Non-Research & Development Harvey Round 1 Funding with the GLO
("CDBG-DR Contract")is incorporated into this Contract by reference and is on file at the City's principal office
and will be made available to interested parties upon request. Contractor shall comply, and assist the City in
complying,with all duties,requirements, and obligation in the GLO Contract.
The TDEM issued subgrants to the City for the HMGP through award letters DR-4332-0033 and DR-4332-0034
along Grant Terms and Conditions("HMGP Contract"). The HMGP Contract is incorporated into this Contract
by reference and is on file at the City's principal office and will be made available to interested parties upon
request. Contractor shall comply, and assist the City in complying,with all duties,requirements, and obligation
in the HMGP Contract.
Contractor shall also comply with all applicable funding requirements including, but not limited to, the
following, all of which are expressly incorporated herein by reference:
• Federal Funding Requirements attached hereto as Attachment"A"
• Federal Funding Bid Forms attached hereto as Attachment"B"
• CDBG-DR Funding Requirements attached hereto as Attachment"C"
• HMGP Funding Requirements attached hereto as Attachment"D"
• Davis-Bacon Provisions attached hereto as Attachment"E"
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this
Contract. With respect to any conflict between these Federal Clauses and the Contract Documents and/or the
provisions of state law and except as otherwise required under federal law or regulation, the more stringent
requirement shall control.
Page 19 of 66
ATTACHMENT "A"
FEDERAL FUNDING REQUIREMENTS
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART
200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL
AWARDS (2 C.F.R. §200.327)
(a) Appendix II to Part 200 (A) - Remedies: The parties shall comply with the administrative,
contractual, or legal remedies in the Contract Documents for when the Contractor violates or breaches the
Contract terms and shall comply with the applicable sanctions and penalties as appropriate in the Contract
Documents.
(b) Appendix II to Part 200(B)-Termination for Cause/Convenience. The parties shall comply with
the termination for cause provision and the termination for convenience provision in the Contract Documents.
(c) Appendix II to Part 200 (C) — Equal Employment Opportunity: Since the Contract meets the
definition of a"federal assisted construction contract" in 41 CFR § 60-1.3, Contractor agrees as follows during
the performance of the Contract:
(i) Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed,and that employees are treated during employment
without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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. Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(ii) Contractor will,in all solicitations or advertisements for employees placed by or on behalf
of the Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color,religion, sex, sexual orientation, gender identity, or national origin.
(iii) Contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the
compensation of the employee or applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge,in furtherance of an investigation,proceeding,hearing,
or action,including an investigation conducted by the employer, or is consistent with the Contractor's legal duty
to furnish information.
(iv) Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers'representatives of the Contractor's commitments under this section,and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
(v) Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
Page 20 of 66
(vi) Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto,and will
permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules,regulations, and orders.
(vii) In the event of the Contractor's noncompliance with the nondiscrimination clauses of
Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(viii) Contractor will include the portion of the sentence immediately preceding paragraph (i)
and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246
of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the administering agency
may direct as a means of enforcing such provisions, including sanctions for noncompliance:
(d) Provided, however, that in the event the Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering agency,the Contractor
may request the United States to enter into such litigation to protect the interests of the United States.
(e) The City further agrees that it will be bound by the above equal opportunity clause with respect
to its own employment practices when it participates in federally assisted construction work: Provided, That if
the City so participating is a State or local government, the above equal opportunity clause is not applicable to
any agency, instrumentality or subdivision of such government which does not participate in work on or under
the Construction Contract.
(f) The City agrees that it will assist and cooperate actively with the administering agency and the
Secretary of Labor in obtaining the compliance of the Contractor and subcontractors with the equal opportunity
clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may require for the supervision of
such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's
primary responsibility for securing compliance.
(g) The City further agrees that it will refrain from entering into any contract or contract modification
subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the
Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as
may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor
pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to
comply with these undertakings, the administering agency may take any or all of the following actions: cancel,
terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain
from extending any further assistance to the applicant under the program with respect to which the failure or
refund occurred until satisfactory assurance of future compliance has been received from such applicant; and
refer the case to the Department of Justice for appropriate legal proceedings.
(h) Appendix II to Part 200 (D), (E)—Davis-Bacon Act; Contract Work Hours and Safety Standards
Act: Contractor shall comply with 40 U.S.C. 3141-33 4A 40 U.S.C. 3701-3708 (labor standards originally
enacted as the Davis- Bacon Act, the Contract Work Hours and Safety Standards Act, the Copeland Anti-
Kickback Act), which are included in this Contract Documents.
(I) All laborers and mechanics employed upon the work covered by this Contract shall be paid
unconditionally and not less often than once each week, and without subsequent deduction or rebate on any
account(except such payroll deductions as are made mandatory by law and such other payroll deductions as are
permitted by the applicable regulations issued by the Secretary of Labor, United States Department of Labor,
pursuant to the Anti-Kickback Act hereinafter identified), the full amount due at time of payment computed at
wage rates not less than those contained in the wage determination decision of said Secretary of Labor (a copy
of which is attached and herein incorporated by reference),regardless of any contractual relationship which may
be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All laborers
and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the
employer provides or secures satisfactory facilities approved by the City/County for the cashing of the same
without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably
anticipated 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 Section 5.5 (a) (1) (iv) of Title 29, Code
of Federal Regulations.Also for the purpose of this clause,regular contributions made or costs incurred for more
than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to
be constructively made or incurred during such weekly period.
The Contractor and its subcontractors shall not, by any means, induce any person employed in the construction,
completion, or repair of public work, give up any part of the compensation to which he or she is otherwise
entitled. The City must report all suspected or reported violations to GLO.
(j) Appendix II to Part 200 (F)—Rights to Inventions Made Under a Contract or Agreement: This
provision is not applicable to the Contract..
(k) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: The
Contractor shall comply with the following:
(i) Pursuant to the Clean Air Act, (1) 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., (2)
Contractor agrees to report each violation to the City and understands and agrees that the City will,in turn,report
each violation as required to assure notification to the Federal awarding agency and the appropriate
Environmental Protection District Regional Office, and (3) Contractor agrees to include these requirements in
each subcontract exceeding $150,000.
(ii) Pursuant to the Federal Water Pollution Control Act, (1)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., (2) Contractor agrees to report each violation to the City and understands and
agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding
agency and the appropriate Environmental Protection Agency Regional Office, and (3) Contractor agrees to
include these requirements in each subcontract exceeding $150,000.
(I) Appendix II to Part 200 (H)—Debarment and Suspension:
(i) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.
3000. As such Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. §
180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or
disqualified (defined at 2 C.F.R. § 180.935).
Page 22 of 66
PP
(ii) Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart
C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters
into.
(iii) This certification is a material representation of fact relied upon by City. If it is later
determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in
addition to remedies available to the City, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment.
(iv) Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2
C.F.R.pt. 3000,subpart C throughout the Contract.The Contractor further agrees to include a provision requiring
such compliance in its subcontracts.
(v) Contractor warrants that it is not debarred, suspended, or otherwise excluded from or
ineligible for participation in any federal programs. Contractor also agrees to verify that all subcontractors
performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation
in accordance with the requirements above. Contractor further agrees to notify the City in writing immediately
if Contractor or its subcontractors are not in compliance during the term of this Contract.
(m) Appendix II to Part 200 (I)—Byrd Anti-Lobbying Act:
(i) Contractors that apply or bid for an award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)
to the awarding agency.
(n) Appendix II to Part 200 (J)— §200.323 Procurement of Recovered Materials:
(i) Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended
by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that
maximizes energy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Contract,the Contractor shall make maximum use of products
containing recovered materials that are EPA-designated items unless the product cannot be acquired:
competitively within a timeframe providing for compliance with the contract performance schedule; meeting
contract performance requirements; or at a reasonable price.
(iii) Information about this requirement, along with the list of EPA-designate items, is
available at EPA's Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
(iv) Contractor also agrees to comply with all other applicable requirements of Section 6002
of the Solid Waste Disposal Act."
Page 23 of 66
(o) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video
Surveillance Services or Equipment:
(i) Contractor shall not contract (or extend or renew a contract) to procure or obtain
equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system funded under this Contract.
As described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any
subsidiary or affiliate of such entities).
(1) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital
Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or
using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense,in consultation with the Director of the National Intelligence
or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled
by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information.
(p) Appendix II to Part 200 (L)— §200.322 Domestic Preferences for Procurement:
(i) Contractor shall, to the greatest extent practicable, purchase, acquire, or use goods,
products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement,
and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of coatings, occurred in the
United States.
(2) "Manufactured products" means items and construction materials composed in
whole or in part of nonferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl
chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS
ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
(a) Contractor shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that
minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not
be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration
for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and FrAW90y6pusinesses and women's business enterprises on
solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises; and
(v) Using the services/assistance of the Small Business Administration (SBA), and the
Minority Business Development Agency (MBDA) of the Department of Commerce.
(c) Contractor shall submit evidence of compliance with the foregoing affirmative steps when
requested by the City.
3. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) (APPLICABLE TO
CONTRACTS/SUBCONTRACTS EXCEEDING TEN THOUSAND DOLLARS ($10,000))
(a) Contractor's attention is called to the"Equal Opportunity Clause" and the"Standard Federal Equal
Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for
minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in
each trade on all construction work in the covered area, are as follows:
(b) Goals for Minority Timetable Goals for Female:
Participation for Participation in
Each Trade - 8% Each Trade - 8%
(c) These goals are applicable to all the Contractor's construction work (whether or not it is federal
or federally assisted)performed in the covered area.
(d) The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4
shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations
required by the Specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the
geographical area where the Contract resulting from this solicitation is to be performed. The hours of minority
and female employment and training must be substantially uniform throughout the length of the Contract, and
in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each
of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from
project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, the
Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against
the total work hours performed.
(e) The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within ten (10) working days of award of any construction subcontract in excess of
$10,000 at any tier for Construction work under the Contract resulting from this solicitation. The notification
shall list the name, address and telephone number of the Subcontractor; employer identification number;
estimated dollar amount of the Subcontract; estimated starting and completion dates of the Subcontract; and the
geographical area in which the Contract is to be performed.
4. STANDARD FEDERAL EQUAL E1ENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)
(a) As used in this Section:
(i) "Covered area" means City of Port Arthur, Jefferson County, Texas;
(ii) "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority; (c) "Employer
identification number" means the Federal Social Security number used on the Employer's
Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
(b) "Minority" includes:
(i) Black(all persons having origins in any of the Black African racial groups not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia the Indian Subcontinent or the Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North American maintaining identifiable tribal affiliations through membership and participation
or community identification).
(c) Whenever the Contractor, or any subcontractor at any tier, subcontract a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the
provisions of this Section which contains the applicable goals for minority and female participation and which
is set forth in the solicitations from which this Contract resulted.
(d) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by
the U.S. Department of Labor in the covered area either individually or through an association, its affirmative
action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that
Plan for those trades which have unions participating in the Plan. Contractor's must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
subcontractor participating in an approved Plan is individually required to comply with its obligations under the
EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has
employees. The overall good faith performance by other Contractor's or subcontractors toward a goal in an
approved Plan does not excuse any covered Contractor's or subcontractors failure to take good faith efforts to
achieve the Plan goals and timetables.
(e) The Contractor shall implement the specific affirmative action standards provided in paragraphs
h(i) through h(xvi) of this Section. The goals set forth in the solicitation from which the Contract resulted are
expressed as percentages of the total hours of employment and training of minority and female utilization the
Contractor should reasonably be able to achieve in each Construction trade in which it has employees in the
covered area. Covered construction Contractor's performing construction work in geographical areas where they
do not have a federal or federally assisted construction Contract shall apply the minority and female goals
established for the geographical area where the work is being performed. Goals are published periodically in the
Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract
Compliance Programs office or from Federal Procurement Contracting Officers. The Contractor is expected to
make substantially uniform progress toward its goals in each craft during the period specified.
(f) Neither the provisions of any collective bargaining agreement nor the failure by a union with
whom the Contractor has a collective bargaining ago refer either minorities or women shall excuse the
Contractor's obligations under these Specifications, Executive Order 11246, or the regulations promulgated
pursuant thereto.
(g) In order for the non-working training hours of apprentices and trainees to be counted in meeting
the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the
Contractor must have made a commitment to employ the apprentices and trainees at the completion of their
training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training
programs approved by the U.S. Department of Labor.
(h) The Contractor shall take specific affirmative actions to ensure equal opportunity. The evaluation
of the Contractor's compliance with this Section shall be based upon its effort to achieve maximum results from
its actions.The Contractor shall document these efforts fully and shall implement affirmative action steps at least
as extensive as the following:
(i) Ensure and maintain a working environment free of harassment, intimidation and coercion at all
sites and in all facilities at which the Contractor's employees are assigned to work. The
Contractor, where possible, will assign two or more women to each construction project. The
Contractor shall specifically ensure that all foremen, superintendents and other on-site
supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a
working environment, with specific attention to minority or female individuals working at such
sites or in such facilities.
(ii) Establish and maintain a current list of minority and female recruitment sources,provide written
notification to minority and female recruitment sources and to community organizations when
the Contractor or its unions have employment opportunities available and maintain a record of
the organization's responses.
(iii) Maintain a current file of the names, addresses and telephone numbers of each minority and
female off-the-street applicant and minority or female referral from a union, a recruitment source
or community organization and of what action was taken with respect to each such individual. If
such individual was sent to the union hiring hall for referral and was not referred back to the
Contractor by the union or, if referred,not employed by the Contractor,this shall be documented
in the file with the reason therefore, along with whatever additional actions the Contractor may
have taken.
(iv) Provide immediate written notifications to the Director when the union or unions with which the
Contractor has a collective bargaining agreement has not referred to the Contractor a minority
person or woman sent by the Contractor, or when the Contractor has other information that the
union referral process has impeded the Contractor's efforts to meet its obligations.
(v) Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor's employment needs, especially
those programs funded or approved by the Department of Labor. The Contractor shall provide
notice of these programs to the sources compiled under 7b above.
(vi) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO
obligations; by including it in any policy manual and collective bargaining agreement; by
publicizing it in the company newspaper, annual report,etc.;by specific review of the policy with
all management personnel and with all minority and female employees at least once a year; and
Page 27 of 66
by posting the company EEO policy on bulletin boards accessible to all employees at each
location where construction work is performed.
(vii) Review, at least annually, the company's EEO policy and affirmative action obligations under
these Specifications with all employees having any responsibility for hiring, assignment, layoff,
termination or other employment decisions including specific review of these items with on-site
supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of
construction work at any job site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter discussed and disposition of
the subject matter.
(viii) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news
media, specifically including minority and female news media, and providing written notification
to and discussing the Contractor's EEO policy with other contractors and subcontractors with
whom the Contractor does or anticipates doing business.
(ix) Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and employment
needs. Not later than one month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the Contractor shall send written
notification to organizations such as the above, describing the openings, screening procedures
and tests to be used in the selection process.
(x) Encourage present minority and female employees to recruit other minority persons and women
and, where reasonable, provide after school, summer and vacation employment to minority and
female youth both on the site and in other areas of a Contractor's work force.
(xi) Validate all tests and other selection requirements where there is an obligation to do so under 41
CFR Part 60-3.
(xii) Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to prepare for,
through appropriate training, etc., such opportunities.
(xiii) Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor's obligations
under this Section are being carried out.
(xiv) Ensure that all facilities and company activities are non-segregated except that separate or single-
user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(xv) Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority
and female contractor associations and other business associations.
(xvi) Conduct a review, at least annually, of all supervisors' adherence to and performance under the
Contractor's EEO policies and affirmative action obligations.
(I) Contractor is encouraged to participate in voluntary associations which assist in fulfilling one or
more of their affirmative action obligations (h(i) thmiughsh(re✓i)). The efforts of a Contractor association,joint
contractor-union, contractor-community or other similar group of which the Contractor is a member and
participant, may be asserted as fulfilling any one or more of its obligations under h(i) through h(xvi) of this
Section provided that the Contractor actively participates in the group, makes every effort to assure that the
group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete
benefits of the program are reflected in the Contractor's minority and female work force participation, makes a
good faith effort to meet its individual goals and timetables and can provide access to documentation which
demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense
for the Contractor's non-compliance.
(j) A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).
(k) The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex or national origin.
(I) The Contractor shall not enter into any subcontract with any person or firm debarred from
government Contracts pursuant to Executive Order 11246.
(m) The Contractor shall carry out such sanctions and penalties for violation of this Section and of
the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations,
by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions
and penalties shall be in violation of this Section and Executive Order 11246, as amended.
(n) The Contractor, in fulfilling its obligations under this Section, shall implement specific
affirmative action steps, at least as extensive as those standards prescribed in paragraph h of this Section, so as
to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to
comply with the requirements of the Executive Order,the implementing regulations or this Section,the Director
shall proceed in accordance with 41 CFR 60-4.8.
(o) The Contractor shall designate a responsible official to monitor all employment related activity
to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof
as may be required by the government and to keep records. Records shall at least include for each employee the
name, address, telephone number, construction trade, union affiliation, if any, employee identification number
when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer),
dates of changes in status, hours worked per week in the indicated trade, rate of pay and locations at which the
work was performed. Records shall be maintained in an easily understandable and retrievable form;however,to
the degree that existing records satisfy this requirement, Contractor's shall not be required to maintain separate
records.
(p) Nothing herein provided shall be construed as a limitation upon which the application of other
laws which establish different standards of compliance or upon the application of requirements for the hiring of
local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
Page 29 of 66
ATTACHMENT "B"
FEDERAL FUNDING BID FORMS
[PAGE INTENTIONALLY BLANK]
Page 30 of 66
Anti-Lobbvin2 Certification
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation,renewal, amendment,or modification of any Federal contract, grant,loan,or cooperative
agreement.
(2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying,"in accordance with
its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than$10,000 and not more than $100,000 for each such failure.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Page 31 of 66
1R' '
Debarment and Suspension Certification
Contractors, Subcontractors, Debarment and Suspension, Executive Order 12549; 2 CFR Part 180; 2 CFR Part
1532.
Contractor certifies that it and its principals, and shall obtain certifications from its subcontractors that they and
their principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any federal department or agency;
(b) Have not within a three (3) year period preceding this procurement been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining,attempting to obtain, or performing a public(federal, state or local)transaction or
contract under a public transaction; violation of federal or state antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of
this certification; and
(d) Have not within a three(3)year period preceding this application/proposal had one or more public
transactions (federal, state or local)terminated for cause or default.
(e) Suspension and debarment information can be accessed at http://www.sam.gov. Contractor
represents and warrants that it has or will include a term or conditions requiring compliance with
this provision in all of its contracts and subcontracts under this Agreement.
(f) Contractor acknowledges that failing to disclose the information as required at 2 CFR 180.335
may result in the termination, delay or negation of any contract entered into pursuant to this
procurement, or pursuance of legal remedies, including suspension and debarment.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Page 32 of 66
Contracting with Small and Minority Firms,Women's Business Enterprise and Labor Surplus Area
Firms Certification
By signing this document, Contractor acknowledges that if a subcontractor is required for the project, Contractor
took (and will take), pursuant to 2 CFR § 200.321, affirmative steps to assure that minority firms, women's
business enterprises, and labor surplus area firms are used when possible on the project and will not be
discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for
an award by doing the following:
• Solicitation Lists. Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
• Solicitations. Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
• Dividing Requirements. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business, and women's business
enterprises;
• Delivery Schedule. Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises; and
• Obtaining Assistance. Using the services/assistance of the Small Business Administration (SBA), and
the Minority Business Development Agency (MBDA) of the Department of Commerce.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Page 33 of 66
ATTACHMENT "C"
CDBG-DR FUNDING REQUIREMENTS
1. CONTRACTOR SHALL ALSO COMPLY WITH ALL APPLICABLE FUNDING
REQUIREMENTS FROM THE CDBG-DR CONTRACT,INCLUDING,BUT NOT LIMITED TO,THE
FOLLOWING:
(a) Section 3 Requirements.
(i) 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 USC §1701u) ("Section 3"). The
purpose of Section 3 is to ensure that employment and other economic opportunities generated
by HUD assistance or HUD-assisted developments covered by Section 3 shall, to the greatest
extent feasible, be directed to low- and very low-income persons, including persons who are
recipients of HUD assistance for housing, with a preference for both targeted workers living in
the service area or neighborhood of the Development and YouthBuild participants, as defined at
24 CFR Part 75 ("Section 3 Regulations").
(ii) Contractor agrees to comply with HUD's Regulations in 24 CFR, Part 75 which implement
Section 3. As evidenced by their execution of this Contract, Contractor certifies that they are
under no contractual or other impediments that would prevent them from complying with the
Section 3 Regulations.
(iii) The Contractor and its subcontractors agree to send to each labor organization or representative
of workers with which the Contractor and its subcontractors have a collective bargaining
agreement or other understanding, if any, a notice advising the labor organization or workers'
representative of the Contractor and its subcontractors' commitments under this section of the
Contract and will post copies of the notice in conspicuous places at the worksite where both
employees and applicants for training and employment positions can see the notice. The notice
shall describe the Section 3 preference and shall set forth the following: (i)minimum number and
job titles subject to hire, (ii) availability of apprenticeship and training positions, (iii)
qualifications for each, (iv)name and location of the person(s)taking applications for each of the
positions, and (v)the anticipated date the work shall begin.
(iv) Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with
regulations in Section 3 Regulations and agrees to take appropriate action, as provided in an
applicable provision of the subcontractor in this Section 3 clause, upon a finding that the
subcontractor violates the regulations in Section 3 Regulations. 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 24 CFR part 75.
(v) Contractor certifies that any vacant employment positions, including training positions, that are
filled(1)after a subcontractor is selected but before the contract is executed,and(2)with persons
other than those to whom the regulations of 24 CFR part 75 require employment opportunities to
be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 75
(vi) Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination
of this Contract for default, and debarment or suspension from future HUD assisted contracts.
(b) Inspection and Audit. All records related to the CDBG-DR Contract, including records of the
Contractor, shall be subject to the Administrative and Audit Regulations (as defined in the CDBG-DR
Contract). Accordingly, such records and c3 $o6ctuct shall be subject, at any time, to inspection,
1
examination, audit, and copying at the Contractor's primary location or any location where such records
and work product may be found, with or without notice from the GLO or other government entity with
necessary legal authority. Contractor shall cooperate fully with any federal or state entity in the conduct
of inspection, examination, audit, and copying, including providing all information requested. The state
auditor may conduct an audit or investigation of the Contractor. Acceptance of funds from the City acts
as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. Under the direction of the legislative
audit committee,an entity that is the subject of an audit or investigation by the state auditor must provide
the state auditor with access to any information the state auditor considers relevant to the investigation
or audit. The Office of the Comptroller General of the United States, the Government Accountability
Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall
also have this right of inspection. All records relevant to this Contract shall be retained for a period of
five (5)years subsequent to the closeout of this Contract.
Federal Construction Assurance Form. Contractor shall complete form SF-424D, entitled "Assurances
—Construction Programs" and return a copy to the City at the same time as executing the Contract.
Conflict of Interest. Contractor shall comply with all conflict of interest laws and regulations applicable
to the CDBG-DR Contract.
(c) GLO Information Security. Contractor shall comply with all requirements of Attachment G —
GLO Information Security Appendix for Subrecipients in the CDBG-DR Contract. A copy of Attachment G is
included in this Attachment"C".
(d) Backup Documentation for Invoices. If requested by the City,payment application invoices must
be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the
City, allow for full substantiation of the costs incurred.
(e) Closeout Procedures. Contractor shall provide the City a final application for payment in a timely
manner so that the City can meeting timelines pursuant to Section 2.03 to close out the CDBG-DR Contract.
Contractor shall furnish, with its final application for payment, a list of all equipment and computer software
purchased under the Contract,including the name of the manufacturer,the model number,and the serial number,
if applicable.
(f) Signage. Permanent signage is required on any public building or facility and temporary signage
is required for other construction projects funded under the CDBG-DR Contract,including requirement that sign
be legible from a distance of three feet,placed in a prominent public location,and contain the following language:
"This project is funded by the Texas General Land Office of the State of Texas to provide for disaster recovery
and restoration of infrastructure for communities impacted by Hurricane Harvey. The funds have been allocated
by the united states Department of Housing and Urban Development through the Community Development
Block Grant Program."
(g) False Claims Act Acknowledgement. The Contractor may be subject to civil or criminal penalties
under 18 U.S.C. §287, 18 U.S.C. § 1001,and 31 U.S.C. § 3729 if the Contractor makes a false claim or statement
to the City.
(h) Recapture or Repayment. All funds paid under this Contract are subject to recapture or repayment
for noncompliance with this Section or the CDBG-DR Contract.
(I) Intellectual Property. The City and GLO shall jointly own all right, title, and interest in and to
all reports,drafts of reports,or other material,data,cPMrtomputer programs and codes associated with this
Contract, and/or any copyright or other intellectual property rights, and any material or information developed,
and/or required to be delivered under this Contract, with the City and GLO having the right to use, reproduce,
or publish any or all of such information and other materials without obtaining permission from the Contractor
and without expense or charge.
(j) Promotional Materials. No sales brochures, advertisements, speeches, articles or other
publications or promotional materials can be circulated or publicized stating or implying that the GLO, State of
Texas, U.S. Government or any government employee endorses a product, service or position the Contractor
represents. The Contractor may not release information relating to the CDBG-DR Contract or state or imply the
GLO, State of Texas, or U.S. Government approves of the Contractor's work products or considers the
Contractor's work product to be superior to other products or services.
(k) Permits and Licenses. Contractor shall procure and maintain for the duration of this Contract any
license, authorization,insurance,waiver,permit, qualification, or certification required by federal, state, county,
or city statute, ordinance, law, or regulation to be held by Contractor to provide the work required by this
Contract. Contractor shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law.
Contractor shall pay any such government obligations not paid by its subcontractors during performance of this
Contract.
(I) Indemnity. Contractor shall be responsible for the City's indemnity and hold harmless obligations
in the CDBG-DR Contract for Contractor's actions under this Contract. The indemnity and hold harmless
provision in Section 8.02 of the CDBG-DR Contract requires the following:
To the extent permitted under the law, except for damages directly or proximately caused by the gross
negligence of the GLO, City shall indemnify and hold harmless the State of Texas, the GLO, and the
officers, representatives, agents, and employees of the State of Texas and the GLO from any losses,
claims, suits, actions, damages, or liability (including all costs and expenses of defending against all of
the aforementioned) arising in connection with: (a) The GLO Contract; (b) Any negligence, act,
omission, or misconduct in the performance of the services referenced herein; or (c) Any claims or
amounts arising or recoverable under federal or state workers' compensation laws,the Texas Tort Claims
Act, or any other such laws. City shall be responsible for the safety and well-being of its employees,
customers, and invitees. These requirements shall survive the term of the GLO Contract until all claims
have been settled or resolved and suitable evidence to that effect has been furnished to the GLO. The
provisions of this Section shall survive termination of the CDBG-DR Contract.
(m) Relationship with GLO. Contractor is associated with the GLO only for the purposes and to the
extent specified in this Contract. Contractor is and shall be an independent contractor and, subject only to the
terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance
of the details incident to its duties under this Contract. Nothing contained in this Contract creates a partnership
or joint venture, employer-employee or principal-agent relationships, or any liability whatsoever with respect to
the indebtedness,liabilities,or obligations of Contractor or any other party. Contractor shall be solely responsible
for,and the GLO shall have no obligation with respect to: withholding of income taxes,FICA,or any other taxes
or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans
available to employees of the State of Texas; participation or contributions by the State to the State Employees
Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage
provided by the State.
(n) Dispute Resolution. Except as otherwise provided by statute, rule or regulations, City and
Contractor shall use the dispute resolution process established in Chapter 2260 Texas Government Code and
related rules to attempt to resolved any dispute under this Contract, including a claim for breach of contract.
Page 36 of 66
(o) Confidentiality. To the extent permitted by law, City and Contractor shall keep all information,
in whatever form produced,prepared,observed, or received by City or Contractor, confidential to the extent that
such information is: (a)confidential by law; (b)marked or designated "confidential" (or words to that effect)by
City or Contractor; or (c) information that City or Contractor is otherwise required to keep confidential by the
CDBG-DR Contract. Contractor must not make any communications or announcements relating to this Contract
through press releases, social media, or other public relations efforts without the prior written consent of the
City.
(p) Public Information. Contractor is required to make any information created or exchanged with
the City pursuant to the Contract,and not otherwise excepted from disclosure under the Texas Public Information
Act ("PIA"), available to the City in portable document file (".pdf) format or any other format agreed upon
between the parties that is accessible by the public at no additional charge to the City. By failing to mark any
information that Contractor believes to be excepted from disclosure as "confidential" or a "trade secret,"
Contractor waives any and all claims it may make against the City and GLO for releasing such information
without prior notice to Contractor.The Attorney General will ultimately determine whether any information may
be withheld from release under the PIA.
(q) General Affirmation. To the extent they apply, Contractor affirms and agrees to the general
affirmations listed in Attachment C — General Affirmations in the CDBG-DR Contract. For purposes of this
Contract, "Subrecipient" in the Attachment C — General Affirmations means the "Contractor". A copy of
Attachment C is included in this Attachment"C".
(r) Conflicts of interest.
(1) Governing Body. 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 administration, construction,
engineering, or implementation of the CDBG-DR award between GLO and the City, shall have any personal
financial interest, direct or indirect, in the Contractor or this Contract; and the Firm shall take appropriate steps
to assure compliance.
(2) Other Local Public Officials. No other public official, who exercises any functions or responsibilities in
connection with the planning and carrying out of administration, construction,engineering or implementation of
the CDBG-DR award between GLO and the City, shall have any personal financial interest,direct or indirect, in
the Contractor or this Contract; and the Contractor shall take appropriate steps to assure compliance.
(3) The Contractor and Employees. The Contractor warrants and represents that it has no conflict of interest
associated with the CDBG-DR award between GLO and the City or this Contract. The Contractor further
warrants and represents that it shall not acquire an interest, direct or indirect, in any geographic area that may
benefit from the CDBG-DR award between GLO and the City or in any business, entity, organization or person
that may benefit from the award. The Contractor further agrees that it will not employ an individual with a
conflict of interest as described herein.
(s) Energy Policy and Conservation Act. Contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act(42 U.S.C. 6201).
(t) Nonexclusive List of Applicable Laws, Rules, and Regulations. To the extent they apply,
Contractor shall comply with the laws, rules and regulations listed in Attachment D — Nonexclusive List of
Applicable Laws, Rules, and Regulations in the CDBG-DR Contract. A copy of Attachment D is included in
this Attachment"C."
Page 37 of 66
EXHIBITS TO ATTACHMENT C-CDBG-DR FUNDING REQUIREMENTS
Dowaign Enloe ID:AFD1B1a4$4E3.4417.A938 2s4 t56o313
Amdhgn5C
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Page I of
General Affirmations
To the extent they apply,Subrecipient affirms and agrees to the following,without exception:
1. Subrecipient represents and warrants that,in accordance with Section 2155.005 of the Texas
Government Code,neither Subrecipient nor the firm,corporation,partnership,or institution
represented by Subrecipient,or anyone acting for such a firm,corporation,partnership,or
institution has(1)violated any provision of the Texas Free Enterprise and Antitrust Act of
1983,Chapter 15 of the Texas Business and Commerce Code,or the federal antitrust laws,or
(2)communicated directly or indirectly the contents of this Contract or any solicitation
response upon which this Contract is based to any competitor or any other person engaged in
the same line of business as Subrecipient
2. If the Contract is for services,Subrecipient shall comply with Section 2155.4441 of the
Texas Government Code,requiring the purchase of products and materials produced in the
State of Texas in performing service contracts,
3. Under Section 231.006 of the Family Code,the vendor or applicant[Subrecipient]certifies
that the individual or business entity named in this Contract,bid or application is not
ineligible to receive the specified grant, loan, or payment and acknowledges that this
Contract may be terminated and payment may be withheld if this certification is inaccurate.
4. A bid or an application fora contract,grant,or loan paid from state funds must include the
name and social security number of the individual or sole proprietor and each partner,
shareholder,or owner with an ownership interest of at least 25 percent of the business entity
submitting the bid or application.Subrecipient certifies it has submitted this information to
the GLO.
5. If the Contract is for the purchase or lease of computer equipment,as defined by Texas
Health and Safety Code Section 361.952(2),Subrecipient certifies that it is in compliance
with Subchapter Y,Chapter 361 of the Texas Health and Safety Code,related to the
Computer Equipment Recycling Program and the Texas Commission on Environmental
Quality rules in Title 30 Texas Administrative Code Chapter 328.
6. Pursuant to Section 2155.003 of the Texas Government Code,Subrecipient represents and
warrants that it has not given,offered to give,nor intends to give at any time hereafter any
economic opportunity,future employment,gift,loan,gratuity,special discount,trip,favor,or
service to a public servant in connection with the Contract.
7. Payments due under the Contract shall be directly applied towards eliminating any debt or
delinquency Subrecipient owes to the State of Texas including,but not limited to,delinquent
taxes,delinquent student loan payments,and delinquent child support,regardless of when the
debt or delinquency arises,
8. Upon request of the GLO,Subrecipient shall provide copies of its most recent business
continuity and disaster recovery plans.
B7IILIMB
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DocuSign Envelope ID:AFD1B16484E3-0417-A808-E3E4E356D313
Attachment C
GLO Contract No.20-065-142-C782
Page 2 of 8
9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254,
Subchapter B,in accordance with Section 2254.033 of the Texas Government Code,relating
to consulting services, Subrecipient certifies that it does not employ an individual who has
been employed by The GLO or another agency at any time during the two years preceding
the Subrecipient's submission of its offer to provide consulting services to the GLO or,in the
alternative,Subrecipient,in its offer to provide consulting services to the GLO,disclosed the
following:(i)the nature of the previous employment with the GLO or other state agency:(ii)
the date the employment was terminated: and (iii) the annual rate of compensation for the
employment at the time of its termination.
10.If the Contract is not for architecture, engineering, or construction services, except as
otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute
resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to
resolve any dispute arising under the Contract.NOTHING IN THIS SECTION SHALL BE
CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.
11.If the Contract is for architecture, engineering, or construction services, subject to Texas
Government Code, Section 2260.002 and Texas Civil Practice and Remedies Code Chapter
114, and except as otherwise provided by statute, rule,or regulation, Subrecipient shall use
the dispute resolution process provided for in Chapter 2260 of the Texas Government Code
to attempt to resolve all disputes arising under this Contract.Except as otherwise provided by
statute, rule,or regulation, in accordance with the Texas Civil Practice and Remedies Code,
Section 114.005.claims encompassed by Texas Government Code, Section 2260.002(3)and
Texas Civil Practice and Remedies Codc Section 114.002 shall be governed by the dispute
resolution process set forth below in subsections (a)-(d). NOTHING IN TIIIS SECTION
SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO.
a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012
and any other statute or applicable law,if the Subrecipient's claim for breach of contract
cannot be resolved by the parties in the ordinary course of business, Subrecipient may
make a claim against the GLO for breach of contract and the GLO may assert a
counterclaim against the Subrecipient as is contemplated by Texas Government Code,
Chapter 2260, Subchapter B. In such event, Subrecipient must provide written notice to
the GLO of a claim for breach of the Contract not later than the 180th day after the date
of the event giving rise to the claim. The notice must state with particularity: (1) the
nature of the alleged breach; (2)the amount the Subrecipient seeks as damages; and(3)
the legal theory of recovery.
b. The chief administrative officer, or if designated in the Contract, another officer of the
GLO,shall examine the claim and any counterclaim and negotiate with the Subrecipient
in an effort to resolve them.The negotiation must begin no later than the 120th day after
the date the claim is received, as is contemplated by Texas Government Code,Chapter
2260,Section 2260.052.
c. If the negotiation under paragraph (b) above results in the resolution of some disputed
issues by agreement or in a settlement, the parties shall reduce the agreement or
Page 39 of 66
DocuSign Envelope ID:AF018164B4E34417-A808-E364E358D313
Attachment C
GLO Contract No.2B-065-142-C782
Page 3 of B
settlement to writing and each party shall sign the agreement or settlement. A partial
settlement or resolution of a claim does not waive a party's rights under this Contract as
to the parts of the claim that are not resolved.
d. If a claim is not entirely resolved under paragraph(b)above,on or before the 270th day
after the date the claim is filed with the GLO, unless the parties agree in writing to an
extension of time, the parties may agree to mediate a claim made under this dispute
resolution procedure. This dispute resolution procedure is the Subrecipient's sole and
exclusive process for seeking a remedy for an alleged breach of contract by the GLO if
the parties are unable to resolve their disputes as described in this section.
e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's
sovereign immunity.This Contract shall not constitute or be construed as a waiver of any
of the privileges,rights,defenses,remedies,or immunities available to the State of Texas.
The failure to enforce, or any delay in the enforcement, of any privileges, rights,
defenses,remedies,or immunities available to the State of Texas under this Contract or
under applicable law shall not constitute a waiver of such privileges, rights, defenses,
remedies or immunities or be considered as a basis for estoppel.The GLO does not waive
any privileges, rights, defenses, or immunities available to it by entering into this
Contract or by its conduct,or by the conduct of any representative of the GLO,prior to or
subsequent to entering into this Contract.
f. Except as otherwise provided by statute,rule,or regulation,compliance with the dispute
resolution process provided for in Texas Government Code,Chapter 2260,subchapter B
and incorporated by reference in subsection(a)-(d)above is a condition precedent to the
Subrecipient:(1)filing suit pursuant to Chapter 114 of the Civil Practices and Remedies
Code;or(2)initiating a contested case hearing pursuant to Subchapter C of Chapter 2260
of the Texas Government Code.
12.If Chapter 2271 of the Texas Government Code applies to this Contract,Subrecipient verifies
that it does not boycott Israel and will not boycott Israel during the term of the Contract.
11 This Contract is contingent upon the continued availability of lawful appropriations by the
Texas Legislature. Subrecipient understands that all obligations of the GLO under this
Contract are subject to the availability of state funds. If such funds are not appropriated or
become unavailable, the GLO may terminate the Contract. The Contract shall not be
construed as creating a debt on behalf of the GLO in violation of Article III,Section 49a of
the Texas Constitution.
14.Subrecipient certifies that it is not listed on the federal government's terrorism watch list as
described in Executive Order 13224.
15.In accordance with Section 669.003 of the Texas Government Code,relating to contracting
with the executive head of a state agency,Subrecipient certifies that it is not(1)the executive
head of the GLO,(2)a person who at any time during the four years before the effective date
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DocuSlgn Envelope ID-AFD18164.94E3-4417-Asa8-E304E356D313
Attachment C
GLO Contract No.2U-065-J42-C782
Page 4 of 8
of the Contract was the executive head of the GLO,or(3)a person who employs a current or
former executive head of the GLO.
16.Subrecipient represents and warrants that all statements and information prepared and
submitted in connection with this Contract are current, complete, true, and accurate.
Submitting a false statement or making a material misrepresentation during the performance
of this Contract is a material breach of contract and may void the Contract or be grounds for
its termination.
17.Pursuant to Section 2155.004(a)of the Texas Government Code, Subrecipient certifies that
neither Subrecipient nor any person or entity represented by Subrecipient has received
compensation from the GLO to participate in the preparation of the specifications or
solicitation on which this Contract is based. Under Section 2I55.004(b) of the Texas
Government Code, Subrecipient certifies that the individual or business entity named in this
Contract is not ineligible to receive the specified contract and acknowledges that the Contract
may be terminated and payment withheld if this certification is inaccurate.This Section does
not prohibit Subrecipient from providing free technical assistance.
18.Subrecipient represents and warrants that it is not engaged in business with Iran.Sudan,or a
foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government
Code.
19.In accordance with Section 2252.901 of the Texas Government Code, for the categories of
contracts listed in that section, Subrecipient represents and warrants that none of its
employees including, but not limited to, those authorized to provide services under the
contract,were employees of the GLO during the twelve(12)month period immediately prior
to the date of execution of the contract. Solely for professional services contracts as
described by Chapter 2254 of the Texas Government Code, Subrecipient further represents
and warrants that if a former employee of the GLO was employed by Subrecipient within one
year of the employee's leaving the GLO, then such employee will not perform services on
projects with Subrecipient that the employee worked on while employed by the GLO.
20.The Contract shall be governed by and construed in accordance with the laws of the State of
Texas,without regard to the conflicts of law provisions.The venue of any suit arising under
the Contract is fixed in any court of competent jurisdiction of Travis County,Texas,unless
the specific venue is otherwise identified in a statute which directly names or otherwise
identifies its applicability to the GLO.
21.IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES
GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254,SUBRECIPIENT,TO
THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD
HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES,
AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,
DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND
EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS
Page 41 of 66
DocuSlgn Envelope ID:AFD16164-B4E3-4417-A808-E364E3560313
At bluest C
GLO Contract No.28-068442.C7I2
Page$of8
OF SUBRECIPIENT OR ITS AGENTS, EMPLOYERS, SUBCONTRACTORS, ORDER
FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR
PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED
UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY
SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN
TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND
SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST
OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY
GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN
NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
22.IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES
GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254,SUBRECIPIENT,TO
THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS
THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR
DESIGNEES FROM ANY AND ALL LIABILITY,ACTIONS,CLAIMS,DEMANDS,OR
SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND
EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING
FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL
MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR
OTHERWISE RELATED TO SUBRECIPIENT'S PERFORMANCE,AND/OR FAILURES
TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS
AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS,
CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT,OR ANY OTHER ENTITY
OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
CONTRACT.THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH
THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE
AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL.
SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO
EACH OTHER OF ANY SUCH CLAIM.
23.TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND,
INDEMNIFY,AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM
AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS OR
INFRINGEMENT OF ANY PAl'ENT,TRADEMARK,COPYRIGHT,TRADE SECRET
OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE
PROPERTY,PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH
OR ARISING FROM: (I) THE PERFORMANCE OR ACTIONS OF SUBRECIPIENT
PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT,
CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR
(3) THE GLO'S AND/OR SUBREC1PIENT'S USE OF OR ACQUISITION OF ANY
REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY
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Dodtalpn Envelope ID:AFD1B164-84E3-4417-AEO8-E364E3560313
Attachment C
GLO Contract No.26-O65442.C762
Page 6 are
SUBRECIPIENT OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT
OF SUBRECIPIENT'S PERFORMANCE UNDER THE CONTRACT. SUBRECIPIENT
AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF
ANY SUCH CLAIM. SUBRECIPIENT SHALL BE LIABLE TO PAY ALL COSTS OF
DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE
COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS
ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED
DEFENDAiNTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY
SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG.IN
ADDITION, SUBRECIPIENT WILL REIMBURSE THE GLO AND THE STATE OF
TEXAS FOR ANY CLAIMS,DAMAGES,COSTS,EXPENSES OR OTHER AMOUNTS,
INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS,
ARISING FROM ANY SUCH CLAIM.IF THE GLO DETERMINES THAT A CONFLICT
EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUBRECIPIENT OR IF THE
GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL,THE
GLO WILL BE PERMIlihD TO SELECT SEPARATE COUNSEL AND
SUBRECIPIENT WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL.
24.Subrecipient has disclosed in writing to the GLO all existing or potential conflicts of interest
relative to the performance of the Contract.
25,Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from
accepting a solicitation response or awarding a contract that includes proposed financial
participation by a person who,in the past live years,has been convicted of violating a federal
law or assessed a penalty in connection with a contract involving relief for Hurricane Rita,
Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas
Government Code, occurring after September 24, 2005. Under Sections 2155.006 and
2261.053 of the Texas Government Code, Subrecipient certifies that the individual or
business entity named in this Contract is not ineligible to receive the specified contract and
acknowledges that this Contract may be terminated and payment withheld if this certification
is inaccurate.
26.Subrecipient understands that the GLO will comply with the Texas Public Information Act
(Chapter 552 of the Texas Government Code)as interpreted by judicial rulings and opinions
of the Attorney General of the State of Texas. Information, documentation, and other
material related to this Contract may be subject to public disclosure pursuant to the Texas
Public Information Act. In accordance with Section 2252.907 of the Texas Government
Code, Subrecipient shall make any information created or exchanged with the State/GLO
pursuant to the Contract,and not otherwise excepted from disclosure under the Texas Public
Information Act,available in a format that is acrrccible by the public at no additional charge
to the State or the GLO.
27.The person executing this Contract certifies that he/she is duly authorized to execute this
Contract on his/her own behalf or on behalf of Subrecipient and legally empowered to
contractually bind Subrecipient to the terms and conditions of the Contract and related
documents.
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Do0uSign Envelope ID:AFD1B164-B4E3-4417-A808-E3B4E358D313
Attachment C
GLO Contract No.21465.142-C782
Page 7 of 8
28.If the Contract is for architectural or engineering services,pursuant to Section 2254.0031 of
the Texas Government Code, which incorporates by reference Section 271.904(d) of the
Texas Local Government Code, Subrecipient shall perform services (1) with professional
skill and care ordinarily provided by competent engineers or architects practicing under the
same or similar circumstances and professional license,and(2)as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer or architect.
29.The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the Contract or indirectly through a subcontract under the Contract. The
acceptance of funds directly under the Contract or indirectly through a subcontract under the
Contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those
funds.Under the direction of the legislative audit committee,an entity that is the subject of
an audit or investigation by the state auditor must provide the state auditor with access to any
information the state auditor considers relevant to the investigation or audit. Subrecipient
shall ensure that this paragraph concerning the authority to audit funds received indirectly by
subcontractors through the Contract and the requirement to cooperate is included in any
subcontract it awards. The GLO may unilaterally amend the Contract to comply with any
rules and procedures of the state auditor in the implementation and enforcement of Section
2262.154 of the Texas Government Code.
30.Subrecipient certifies that neither it nor its principals are debarred,suspended,proposed for
debarment, declared ineligible,or otherwise excluded from participation in the Contract by
any state or federal agency.
31.Subrecipient expressly acknowledges that state funds may not be expended in connection
with the purchase of an automated information system unless that system meets certain
statutory requirements relating to accessibility by persons with visual impairments.
Accordingly,Subrecipient represents and warrants to the GLO that any technology provided
to the GLO for purchase pursuant to this Contract is capable, either by virtue of features
included within the technology or because it is readily adaptable by use with other
technology,of: providing equivalent access for effective use by both visual and non-visual
means; presenting information, including prompts used for interactive communications, in
formats intended for non-visual use; and being integrated into networks for obtaining,
retrieving,and disseminating information used by individuals who are not blind or visually
impaired.For purposes of this Section,the phrase"equivalent access"means a substantially
similar ability to communicate with or make use of the technology,either directly by features
incorporated within the technology or by other reasonable means such as assistive devices or
services which would constitute reasonable accommodations under the Americans With
Disabilities Act or similar state or federal laws. Examples of methods by which equivalent
access may be provided include, but are not limited to, keyboard alternatives to mouse
commands and other means of navigating graphical displays, and customizable display
appearance.
32.If the Contract is for the purchase or lease of covered television equipment, as defined by
Section 361.971(3) of the Texas Health and Safety Code, Subrecipient certifies its
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DocuSign Eneetope ID:AFD"n164B4E3-4417-A808-E3t34E356D313
Attachment C
CLO Contract No.20-065-I42-C782
Page 8 an
compliance with Subchapter Z,Chapter 361 of the Texas Health and Safety Code,related to
the Television Equipment Recycling Program.
33.Pursuant to Section 572.069 of the Texas Government Code,Subrecipient certifies it has not
employed and will not employ a former state officer or employee who participated in a
procurement or contract negotiations for the GLO involving Subrecipient within two (2)
years after the date that the contract is signed or the procurement is terminated or withdrawn.
This certification only applies to fonner state officers or employees whose state service or
employment ceased on or after September 1,2015.
34.The GLO does not tolerate any type of fraud. GLO policy promotes consistent,legal,and
ethical organizational behavior by assigning responsibilities and providing guidelines to
enforce controls.Any violations of law.agency policies,or standards of ethical conduct will
be investigated,and appropriate actions will be taken. Subrecipient shall report any possible
fraud, waste, or abuse that occurs in connection with the Contract to the GLO's Fraud
Reporting hotline at(877)888-0002.
35.The requirements of Subchapter J. Chapter 552, Government Code. may apply to this
contract and Subrecipient agrees that the Contract can be terminated if Subrecipient
knowingly or intentionally fails to comply with a requirement of that subchapter.
36.If Subrecipient,in its performance of the Contract,has access to a state computer system or
database,Subrecipient must complete a cybersecurity training program certified under Texas
Government Code Section 2054.519, as selected by the GLO. Subrecipient must complete
the cybersecurity training program during the initial term of the Contract and during any
renewal period. Subrecipient must verify in writing to the GLO its completion of the
cybersecurity training program.
37.Under Section 2155.0061, Texas Government Code, Subrecipient certifies that the entity
named in this contract is not ineligible to receive the specified contract and acknowledges
that this contract may be terminated and payment withheld if this certification is inaccurate.
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DoeuSign Envelope ID:AFD1B164-B4E3-4417•A808-E384E356D313
Aaacbmeat D
GUI Camrut Ne.28-065-142-082
Page 1 of 4
NONEXCLUSIVE LIST OF APPLICABLE LAWS,RULES,AND REGULATIONS
If applicable to the Project, Provider must be in compliance with the following laws,
rules,and regulations;and any other state,federal,or local laws,rules,and regulations as
may become applicable throughout the term of the Contract,and Provider acknowledges
that this list may not include all such applicable laws,rules,and regulations.
Provider Is deemed to have read and understands the requirements of each of the
following,if applicable to the Project under this Contract:
GENERALLY
The Acts and Regulations specified in this Contract
Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster
Relief Requirements Act,2017(Public Law 115-56);
The Housing and Community Development Act of 1974(12 U.S.C.§5301 et seq.);
The United States Housing Act of 1937,as amended, 42 U.S.C. § 1437f(ox13) (2016)
and related provisions governing Public Housing Authority project-based assistance,and
implementing regulations at 24 C.F.R.Part 983(2016);
Cash Management Improvement Act regulations(31 C.F.R.Part 205);
Community Development Block Grants(24 C.F.R.Part 570);
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards(2 C.F.R.Part 200);
Disaster Recovery Implementation Manual;and
State of Texas Plan for Disaster Recovery: Hurricane Harvey—Round 1,dated April 6,
2018,as amended.
CIVIL RIGHTS
Title VI of the Civil Rights Act of 1964,(42 U.S.C. §2000d et seq.);24 C.F.R.Part 1,
"Nondiscrimination in Federally Assisted Programs of the Department of Housing and
Urban Development-Effectuation of Title VI of the Civil Rights Act of 1964";
Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment
Opportunity Act of 1972(42 U.S.C.§2000e,et seq.);
Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968"(42 U.S.C.§
3601,etseq.),as amended;
Executive Order 11063,as amended by Executive Order I2259,and 24 C.F.R.Part 107,
"Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063";
The failure or refusal of Provider to comply with the requirements of Executive Order
11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions
specified in 24 C.F.R. 107.60;
The Age Discrimination Act of 1975(42 U.S.C.§6101,et seq.);and
Section 504 of the Rehabilitation Act of 1973(29 U.S.C.§794.)and"Nondiscrimination
Based on Handicap in Federally-Assisted Programs and Activities of the Department of
Housing and Urban Development",24 C.F.R.Part 8.By signing this Contract,Provider
understands and agrees that the activities funded shall be performed in accordance with
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24 C.F.R.Part 8; and the Architectural Bathers Act of 1968(42 U.S.C. §4151,et seq.),
including the use of a telecommunications device for deaf persons (TDDs) or equally
effective communication system.
LABOR STANDARDS
The Davis-Bacon Act,as amended(originally,40 U.S.C. §§276a-276a-5 and re-codified
at 40 U.S.C.§§3141-3148);29 C.F.R.Part 5;
The Copeland "Anti-Kickback" Act(originally, 18 U.S.C. § 874 and re-codified at 40
U.S.C.§3145):29 C.F.R.Part 3;
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(originally,
40 U.S.C.§§327A and 330 and re-codified at 40 U.S.C.§§3701-3708);
Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction(Also Labor Standards Provisions Applicable to Non-construction
Contracts Subject to the Contract Work Hours and Safety Standards Act)(29 C.F.R.Part
5);and
Federal Executive Order 11246,as amended.
EMPLOYMENT OPPORTUNITIES
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u):24
C.F.R.§§135.3(a)(2)and(a)(3);
The Vietnam Era Veterans'Readjustment Assistance Act of 1974(38 U.S.C.§4212);
Title 1X of the Education Amendments of 1972(20 U.S.C.§§ 1681-1688);and
Federal Executive Order 11246,as amended.
GRANT AND AUDIT STANDARDS
Single Audit Act Amendments of 1996,31 U.S.C.§7501;
Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards(2 C.F.R.Part 200);
Uniform Grant and Contract Management Act(Texas Government Code Chapter 783)
and the Uniform Grant Management Standards, issued by Governor's Office of Budget
and Planning;and
Title 1 Texas Administrative Code§5.167(c).
LEAD-BASED PAINT
Section 302 of the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§4831(b)).
HISTORIC PROPERTIES
The National Historic Preservation Act of 1966 as amended(16 U.S.C. § 470,et seq.),
particularly sections 106 and 110 (16 U.S.C. §§470 and 470h-2),except as provided in
§58.17 for Section 17 projects;
Executive Order 11593,Protection and Enhancement of the Cultural Environment,May
13,1971(36 FR 8921),3 C.F.R., 1971-1975 Comp.,p.559,particularly section 2(c);
Federal historic preservation regulations as follows: 36 C.F.R. Part 800 with respect to
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HUD programs;and
The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic
Preservation Act of 1974(16 U.S.C. §469,et seq),particularly section 3 (16 U.S.C. §
469a-1).
ENVIRONMENTAL LAW AND AUTHORITIES
Environmental Review Procedures for Recipients assuming HUD Environmental
Responsibilities(24 C.F.R.Part 58,as amended);
National Environmental Policy Act of 1969,as amended(42 U.S.C.§§4321-4347);and
Council for Environmental Quality Regulations for Implementing NEPA(40 C.F.R.Parts
1500-1508).
FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION
Executive Order 11988,Floodplain Management,May 24, 1977(42 FR 26951),3 C.F.R.,
1977 Comp.,p. 117,as interpreted in HUD regulations at 24 C.F.R.Part 55,particularly
Section 2(a)of the Order(For an explanation of the relationship between the decision-
making process in 24 C.F.R.Part 55 and this part,see§55.10.);and
Executive Order 11990,Protection of Wetlands,May 24, 1977(42 FR 26961),3 C.F.R.,
1977 Comp.,p. 121 particularly Sections 2 and 5.
COASTAL ZONE MANAGEMENT
The Coastal Zone Management Act of 1972 (16 U.S.C. § 1451, et seq.), as amended,
particularly sections 307(c)and(d)(16 U.S.C. § 1456(c)and(d)).
SOLE SOURCE AQUIFERS
The Safe Drinking Water Act of 1974(42 U.S.C. §§201,300(f),et seq.,and 21 U.S.C. §
349)as amended;particularly section 1424(e)(42 U.S.C.§300h-3(e));and
1 Sole Source Aquifers(Environmental Protection Agency-40 C.F.R.part 149.).
ENDANGERED SPECIES
The Endangered Species Act of 1973(16 U.S.C.§ 1531,et seq.)as amended,particularly
section 7(16 U.S.C.§1536).
WILD AND SCENIC RIVERS
The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended,
particularly sections 7(b)and(c)(16 U.S.C.§1278(b)and(c)).
AIR QUALITY
The Clean Air Act(42 U.S.C. §7401,et seq.)as amended, particularly sections 176(c)
and(d)(42 U.S.C.§7506(c)and(d)).
Determining Conformity of Federal Actions to State or Federal Implementation Plans
(Environmental Protection Agency-40 C.F.R.Parts 6,51,and 93).
FARMLAND PROTECTION
Farmland Protection Policy Act of 1981 (7 U.S.C. §4201, et seq.)particularly sections
1540(b)and 1541 (7 U.S.C.§§4201(b)and 4202);and
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Farmland Protection Policy(Department of Agriculture-7 C.F.R.part 658).
HUD ENVIRONMENTAL STANDARDS
Applicable criteria and standards specified in HUD environmental regulations(24 C.F.R.
Part 51Xother than the runway clear zone and clear zone notification requirement in 24
C.F.R.§51.303(a)(3);and
HUD Notice 79-33,Policy Guidance to Address the Problems Posed by Toxic Chemicals
and Radioactive Materials,September 10,1979.
ENVIRONMENTAL JUSTICE
Executive Order 12898 of February 11, 1994—Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations, (59 FR
7629),3 C.F.R.,1994 Comp.p.859.
SUSPENSION AND DEBARMENT
Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. §
570.609);
General HUD Program Requirements;Waivers(24 C.F.R.Part 5);and
Nonprocurement Suspension and Debarment(2 C.F.R.Part 2424).
OTHER REQUIREMENTS
Environmental Review Procedures for Entities Assuming HUD Environmental
Responsibilities(24 C.F.R.Part 58).
ACQUISITION/RELOCATION
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C.§4601,et seq.),24 C.F.R.Part 42,and 24 C.F.R.§570.606.
FAITH-BASED ACTIVITIES
Executive Order 13279 of December 12,2002-Equal Protection of the Laws for Faith-
Based and Community Organizations,(67 FR 77141).
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GLO INFORMATION SECURITY APPENDIX FOR SUBRECIPIENTS
1. Definitions
"Breach of Security" or "Breach" means unauthorized acquisition of computerized data that compromises the
security, confidentiality, or integrity of sensitive personal information including data that is encrypted if the
person accessing the data has the key required to decrypt the data.
"GLO Data"means any data or information, which include includes PII and/or SPI as defined below, collected,
maintained, and created by the GLO, for the purpose of providing disaster assistance to individuals, that City
obtains,accesses (via records, systems, or otherwise),receives (from the GLO or on behalf of the GLO), or uses
in the performance of the Contract or any documents related thereto. GLO data does not include other
information that is lawfully made available to the City through other sources
"Personal Identifying Information" or "PII" means information that alone, or in conjunction with other
information, identifies an individual, as defined at Tex. Bus. & Com. Code § 521.002(1).
"Sensitive Personal Information" or"SPI"means the information categories listed at Tex. Bus. & Com. Code §
521.002(2). SPI does not include publicly available information that is lawfully made available to the public
from the federal government or a state or local government.
2. Security and Privacy Compliance
a. Contractor shall keep all GLO Data received or generated under the Contract and any documents related
thereto strictly confidential.
b. Contractor shall comply with all applicable federal and state privacy and data protection laws, as well as
all other applicable regulations and directives.
c. Contractor shall implement administrative, physical, and technical safeguards to protect GLO Data that
are no less rigorous than accepted industry practices including, without limitation, the guidelines in the
National Institute of Standards and Technology ("NIST") Cybersecurity Framework Version 1.1. All
such safeguards shall comply with applicable data protection and privacy laws.
d. Contractor shall legally bind any subcontractors to the same requirements stated herein and obligations
stipulated in the Contract and documents related thereto. Contractor shall ensure that the requirements
stated herein are imposed on Contractor's subcontractor(s).
e. Contractor will not share PII or SPI with any third parties, except as necessary for Contractor's
performance under the Contract.
f. Contractor will ensure that initial privacy and security training, and annual training thereafter, is
completed by its employees and contractors, including any subcontractor,that have access to GLO Data
or who create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise
personally handle PII or SPI on behalf of the City. Contractor agrees to maintain and, upon request,
provide documentation of training completion.
g. Any GLO Data maintained or stored by Contractor or any subcontractor must be stored on servers or
other hardware located within the physical borders of the United States and shall not be accessed outside
of the United States.
3. Data Ownership
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a. The GLO shall retain full ownership of all GLO Data, which includes PII and/or SPI, disclosed to
Contractor or to which the Contractor otherwise gains access by operation of the Contract or any
agreement related thereto..
b. If, at any time during the term of the Contract or upon termination of the Contract, whichever occurs
first,any part of the GLO data,in any form,provided to Contractor ceases to be necessary for Contractor's
performance under the Contract, Contractor shall within fourteen (14) days thereafter securely return
such GLO data to the GLO, or, at the GLO's or City's written request, destroy, uninstall, and/or remove
all copies of data in Contractor's possession or control and certify to the GLO and City that such tasks
have been completed. If such return is infeasible, as mutually determined by the GLO and Contractor,
the obligations set forth in this Attachment, with respect to GLO Data, shall survive termination of the
Contract and Contractor shall limit any further use and disclosure of GLO Data.
4. Data Mining
a. Contractor agrees not to use GLO Data for unrelated purposes,advertising or advertising-related services,
or for any other purpose not explicitly authorized by City in the Contract or any document related thereto.
b. Contractor agrees to take all reasonably feasible physical, technical, administrative, and procedural
measures to ensure that no unauthorized use of GLO Data occurs.
5. Breach of Security
a. Contractor agrees to provide City and/or the GLO with the name and contact information for a Contractor
employee which shall serve as the primary data security contact.
b. Upon discovery of a Breach of Security or suspected Breach of Security by the Contractor, Contractor
agrees to notify City as soon as possible upon discovery of the Breach of Security or suspected Breach
of Security, but in no event shall notification occur later than 24 hours after discovery. Within 72 hours,
Contractor agrees to provide,at minimum,a written preliminary report regarding the Breach or suspected
Breach to City with root cause analysis including a log detailing the data affected.
c. The initial notification and preliminary report shall be submitted to the GLO Information Security Officer
at informationsecurity@glo.texas.gov.
d. Contractor agrees to take all reasonable steps to immediately remedy a Breach of Security and prevent
any further Breach of Security.
e. Contractor agrees that it shall not inform any third party of any Breach of Security or suspected Breach
of Security without obtaining GLO's and City's prior written consent.
f. If the Breach of Security includes SPI,including Social Security Numbers,payment card information,or
health information, Contractor agrees to provide affected individuals complimentary access for one (1)
year of credit monitoring services.
6. Right to Audit
a. Upon the City's request and to confirm Contractor's compliance with this Attachment, Contractor grants
City, or the GLO, permission to perform an assessment, audit, examination, investigation, or review of
all controls in the Contractor's, or any of Contractor's subcontractors, physical and/or technical
environment in relation to GLO Data. Contractor agrees to fully cooperate with such assessment by
providing access to knowledgeable personrog,6 p sal premises, documentation, infrastructure, and
P
application software that stores, processes, or transports GLO Data. In lieu of a City or GLO-conducted
assessment, audit, examination, investigation, or review, Contractor may supply, upon City or GLO
approval, the following reports: SSAE16, ISO/ICE 27001 Certification, FedRAMP Certification, and
PCI Compliance Report. Contractor shall ensure that this clause concerning the City and the GLO's
authority to assess, audit, examine, investigate, or review is included in any subcontract it awards.
b. At the GLO's request, Contractor agrees to promptly and accurately complete a written information
security questionnaire provided by City or the GLO regarding Contractor's business practices and
information technology environment in relation to GLO Data.
4
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ATTACHMENT "D"
HMGP FUNDING REQUIREMENTS
1. CONTRACTOR SHALL ALSO COMPLY WITH ALL APPLICABLE FUNDING
REQUIREMENTS FROM THE HMGP CONTRACT, INCLUDING, BUT NOT LIMITED TO, THE
FOLLOWING:
(a) To the extent they apply,Contractor shall comply and require each of its subcontractors employed
in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB
circulars,terms and conditions of the HMGP Contract, which may include, but is not limited to,the following:
(i) Public Law 93-288, as amended (Stafford Act)
(ii) 44 CFR, Emergency Management and Assistance
(iii) Disaster Mitigation Act of 2000
(iv) OMB Regulations 2 CFR, Grant and Agreements
(v) Executive Order 11988, Floodplain Management
(vi) Executive Order 11990, Protection of Wetlands
(vii) Executive Order 12372, Intergovernmental Review of Programs and Activities
(viii) Executive Order 12549, Debarment and Suspension
(ix) Executive Order 12612, Federalism
(x) Executive Order 12699, Seismic Design
(xi) Executive Order 12898, Environmental Justice
(xii) Coastal Barrier Resources Act, Public Law 97-348
(xiii) Single Audit Act, Public Law 98-502
(xiv) Sandy Recovery Improvement Act publications
(xv) Disaster Recovery Reform Act of 201816 U.S.C. § 470,National Historic Preservation Act
(xvi) 16 U.S.C. § 1531, Endangered Species Act References
(xvii) FEMA program publications, guidance and policies
(xviii) Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at:
http://www.window.state.tx.us/procurement/catrad/ugms.pdf
(xix) State Administrative Plan for the HMGP, available at: https://grants.tdem.texas.gov
(b) Site Visits. The United States Department of Homeland Security (DHS), FEMA and/or TDEM,
through its authorized representatives, have the right at all reasonable times to make site visits to review project
accomplishments and management control systems wAtfk gravide such technical assistance as may be required.
If any site visit is made by DHS/FEMA on the premises of the City, Contractor shall provide all reasonable
facilities and assistance for the safety and convenience of the government representatives in the performance of
their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the
work.
(c) Right to Audit. Contractor shall give the DHS, FEMA, the Comptroller General of the United
States, the Texas State Auditor, TDEM, or any of their duly authorized representatives, access to and the right
to conduct a financial or compliance audit of HMGP grant funds received and performances rendered under the
Contract. Contractor shall permit TDEM or its authorized representative to audit the Contractor's records.
Contractor shall provide any documents, materials or information necessary to facilitate such audit. Contractor
shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM
may require of Contractor.
(d) State Auditor's Clause. Contractor understands that acceptance of funds under the Contract acts
as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection
with those funds. Contractor further agrees to cooperate fully with the State Auditor's Office in the conduct of
the audit or investigation, including providing all records requested. Additionally, the State Auditor's Office
shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books,
documents, working papers, and records of the Contractor relating to the Contract.
(e) Responsibilities of Participants Regarding Transactions Doing Business With Other Persons.
Contractor will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving funds under this Contract.
(f) Closeout Procedures. Contractor shall provide the City a final application for payment in a timely
manner so that the City can meeting timelines pursuant to Section D of the HMGP Contract to close out the
HMGP Contract.
(g) DUNS Number. Contractor confirms its Data Universal Numbering Systems (DUNS) Number
is accurate and registered on Sams.gov.
(h) Debarment and Suspension. Contractor shall comply with Executive Order 12549 and 12689,
which provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed
irresponsible in their dealings with the Federal government.
(i) Property Management and Inventory. If applicable to this Contractor, Contractor shall maintain
property/inventory records which, at minimum, shall include a description of the property, a serial number or
other identification number,the source of property,who holds title,the acquisition date,the cost of the property,
the percentage of Federal participation in the cost of the property,the location,use and condition of the property,
and any ultimate disposition data including the date of disposal and sale price of the property. Contractor shall
develop and implement a control system to prevent loss, damage or theft of property and Contractor shall
investigate and document any loss, damage or theft of property funded under this Contract.
(j) Evidence of Non-debarment. Evidence of non-debarment of Contractor must be documented
through http://www.sam.gov/portal/public/SAM and
http://www.window.state.tx.us/procurement/prog/vendor performance/debarred/ and submitted to City for
review.
(k) Monitoring. Contractor will be monitored periodically by federal, state or local entities, both
programmatically and financially,to ensure that project goals, objectives,performance requirements,timelines,
milestone completion, budget, and other program-related criteria are met. TDEM, or its authorized
representative, reserves the right to perform periodic desk/office based and/or on-site monitoring of the
Contractor's compliance with the HMGP Contract and of the adequacy and timeliness of the Contractor's
performance pursuant to this Contract. After each i i M% visit, if the monitoring visit reveals deficiencies
in Contractor's performance under the HMGP Contract, a monitoring report will be provided to the City and
shall include requirements for the timely correction of such deficiencies by Contractor. Failure by the Contractor
to take action specified in the monitoring report may be cause for suspension or termination of this Contract.
(I) Access to Records. Contractor shall give the United States Department of Homeland Security,
the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of its duly authorized
representatives,access to and the right to examine all books,accounts,records,reports,files,other papers,things
or property belonging to or in use by Contractor pertaining to the HMGP Contract including records concerning
the past use of DHS/FEMA funds. Contractor shall retain such records at a minimum of three (3) years after
completion of the project. Such rights to access shall continue as long as the records are retained by Contractor.
(m) Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to the
HMGP Contract that are required by changes in federal and state laws, regulations or policy are automatically
incorporated into this Contract without written amendment and shall become effective upon the date designated
by such law or regulation.
(n) Enforcement. If the TDEM finds that the City materially failed to comply with any term of the
HMGP Contract, whether stated in a federal or state statute or regulation, an assurance, in a state plan or
application, a notice of award, or elsewhere, because of the actions of Contractor, City may take action against
Contractor by, in addition to any other remedies in the Contract Documents or legally available, withholding
payment to Contractor for all costs incurred by the City.
(o) Project Closeout. At the completion and closure of this Contract, Contractor will certify the
completion of Contract in accordance with the HMGP Contract terms and conditions to state there are no further
claims under this Contract.
(p) Federal Construction Assurance Form. Contractor shall complete form SF-424D, entitled
"Assurances—Construction Programs" and return a copy to the City at the same time as executing the Contract.
(q) Drug-Free Workplace Act. Contractor will comply with the Drug-free Workplace Act,in Subpart
B of 2 C.F.R. Part 3001.
(r) Federal Debt. Contractor certifies it is not delinquent on any Federal debt. Examples of relevant
debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB
Circular A-129 and form SF-424, item number 17 for additional information and guidance.
(s) State of Texas Assurances. To the extent they apply, Contractor certifies that Contractor shall
comply with the State of Texas Assurances listed in Exhibit D of the HMGP Contract. For purposes of this
Contract, "Subrecipient" in Exhibit D State of Texas Assurances means the "Contractor" A copy of Exhibit D
is included in this Attachment"D"
(t) Environmental Review. Contractor shall comply with all mitigation or treatment measures
required for the project as the result of FEMA's Environmental Planning and Historic Preservation (EHP)
review. If ground disturbing activities occur during the project, Contractor shall ensure monitoring of ground
disturbance and if any potential archeological resources are discovered, Contractor shall immediately cease
construction in that area and notify the City, FEMA and the appropriate State Historical Preservation Office.
(u) Additional Grant Conditions. Contractor shall comply with all request from the City in order for
the City to comply with the Additional Grant Conditions listed in Exhibit F of the HMGP Contract. A copy of
Exhibit F is included in this Attachment"D".
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(v) Compliance with RFI Policy. Contractor shall comply with request for information policy in
Exhibit H of the HMGP Contract, including providing requested information within thirty days of the emailed
request for information on the HMGP Contract.
(w) FEMA Provisions.
(i) Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of
DHS agency officials without specific FEMA preapproval.
(ii) This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion
of this contract. Contractor will comply with all applicable federal law, regulations, executive
orders, FEMA policies, procedures, and directives.
(iii) Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims
and Statements) applies to the Contractor's actions pertaining to this Contract.
(iv) The Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the City, Contractor, any subcontractors or any other party pertaining to any matter
resulting from the contract.
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EXHIBITS TO ATTACHMENT "D" HMGP FUNDING REQUIREMENTS
GRANT TERMS AND CONDITIONS
EXHIBIT D
State of Texas Assurances
As the duly authorized representative of Subrecipient,I certify that Subrecipient:
1. Shall comply with Texas Government Code,Chapter 573,by ensuring that no officer,employee,or member of the Subrecipient's governing
body or of the Subrecipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or
the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise
such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for period of two
years,or such other period stipulated by local law,prior to the election or appointment of the officer,employee,or governing body member
related to such person in the prohibited degree.
2. Shall insure that all information collected,assembled,or maintained by the Subrecipient relative to a project will be available to the public
during normal business hours in compliance with Texas Government Code,Chapter 552,unless otherwise expressly prohibited by law.
3. Shall comply with Texas Government Code,Chapter 551,which requires all regular,special,or called meetings of governmental bodies to
be open to the public,except as otherwise provided by law or specifically permitted in the Texas Constitution.
4. Shall comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments.
5. Shall not contract with or issue a license,certificate,or permit to the owner,operator,or administrator of a facility if the Subrecipient is a
health,human services,public safety,or law enforcement agency and the license,permit,or certificate has been revoked by another health
and human services agency or public safety or law enforcement agency.
6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701,Texas Occupations Code,or
shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of
achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code,Chapter 1701.
7. Shall follow all assurances.When incorporated into a grant award or contract,standard assurances contained in the application package
become terms or conditions for receipt of grant funds.Administering state agencies and subrecipients shall maintain an appropriate contract
administration system to ensure that all terms,conditions,and specifications are met.(See UGMS Section_36 for additional guidance on
contract provisions).
8. Shall comply with the Texas Family Code, Section 261.101,which requires reporting of all suspected cases of child abuse to local law
enforcement authorities and to the Texas Department of Child Protective and Regulatory Services.Subrecipient shall also ensure that all
program personnel are properly trained and aware of this requirement.
9. Shall comply with all federal statutes relating to nondiscrimination.These include but are not limited to:(a)Title VI of the Civil Rights Act of
1964(P.L.88-352),which prohibits discrimination on the basis of race,color,or national origin;(b)Title IX of the Education Amendments of
1972,as amended(20 U.S.C.§§1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex;(c)Section 504 of the
Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of handicaps and the Americans with
Disabilities Act of 1990 including Titles I,II,and III of the Americans with Disability Act which prohibits recipients from discriminating on the
basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain
testing entities,44 U.S.C.§§12101-12213;(d)the Age Discrimination Act of 1974,as amended(42 U.S.C.§§6101-6107),which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970(P.L.91-616),as amended,relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
§§523 and 527 of the Public Health Service Act of 1912(42 U.S.C.§§290dd-3 and 290ee-3),as amended,relating to confidentiality of
alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968(42 U.S.C.§§3601 et seq.),as amended,relating to
nondiscrimination in the sale,rental,or financing of housing;(i)any other nondiscrimination provisions in the specific statute(s)under which
application for Federal assistance is being made;and(j)the requirements of any other nondiscrimination statute(s)which may apply to this
Grant.
10. Shall comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C.§276c
and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 U.S.C.§§327-333),regarding labor standards for federally
assisted construction subagreements.
11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-
646),which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally
assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation
in purchases.
12. Shall comply with the provisions of the Hatch Political Activity Act(5 U.S.C.§§7321-29),which limit the political activity of employees whose
principal employment activities are funded in whole or in part with Federal funds.
13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental
Personnel Act of 1970,as applicable.
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GRANT TERMS AND CONDITIONS
14. Shall insure that the facilities under its ownership,lease,or supervision which shall be utilized in the accomplishment of the project are not
listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt
of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA(EO 11738).
15. Shall comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-
234.Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt
of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of
the Department of Housing and Urban Development as an area having special flood hazards.
16. Shall comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control
measures under the National Environmental Policy Act of 1969(P.L.91-190)and Executive Order(EO)11514;(b)notification of violating
facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplains in accordance
with EO 11988;(e)assurance of project consistency with the approved state management program developed under the Coastal Zone
Management Act of 1972(16 U.S.C.§§1451 et seq.);(f)conformity of federal actions to State(Clear Air)Implementation Plans under Section
176(c)of the Clean Air Act of 1977,as amended(42 U.S.C.§§7401 et seq.);(g)protection of underground sources of drinking water under
the Safe Drinking Water Act of 1974,as amended(P.L.93-523);and(h)protection of endangered species under the Endangered Species
Act of 1973,as amended(P.L.93-205).
17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system.
18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16
U.S.C.§470),EO 11593(identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974
(16 U.S.C.§§469a-1 et seq.).
19. Shall comply with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as amended,7 U.S.C.§§2131 et seq.)which requires the
minimum standards of care and treatment for vertebrate animals bred for commercial sale,used in research,transported commercially,or
exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government
Principals Regarding the Care and Use of Animals.
20. Shall comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.§§4801 et seq.)which prohibits the use of lead-based paint in
construction or rehabilitation of residential structures.
21. Shall comply with the Pro-Children Act of 1994(Public Law 103-277),which prohibits smoking within any portion of any indoor facility used
for the provision of services for children.
22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal taxforms.
23. Shall comply with all applicable requirements of all other federal and state laws,executive orders,regulations,and policies governing this
program.
24. And its principals are eligible to participate and have not been subjected to suspension,debarment,or similar ineligibility determined by any
federal,state,or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive
Order 13224.Entities ineligible for federal procurement have Exclusions listed athttos://www.sam.gov/portaVDUblic/SAM/.
25. Shall adopt and implement applicable provisions of the model HIV/AIDS workplace guidelines of the Texas Department of Health as required
by the Texas Health and Safety Code,Ann.,Sec.85.001,et seq.
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GRANT TERMS AND CONDITIONS
EXHIBIT F
Additional Grant Conditions
1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days
following the Project Scoping meeting with the State-Federal team(or FEMA process equivalent).
2. All work must be done prior to the approved project completion deadline assigned to each Project (POP).
For projects written at 100% complete, documentation must be submitted within 90 days of the Recovery
Scoping Meeting (or FEMA process equivalent)or within 90 days of the work completion date(both Hazard
Mitigation and Public Assistance), whichever is later, regardless of whether the project has been obligated.
Should additional time be required, a time extension request must be submitted which: a.) Identifies the
projects requiring an extension.b.)Explains the reason for an extension.c.)Indicates the percentage of work
that has been completed. d.) Provides an anticipated completion date. e) Provides detailed milestones
documenting expected progress.The reason for an extension must be based on extenuating circumstances
or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to
submit a time extension request 90 days prior to the end of the period of performance may result in
reduction or withdrawal of federal funds for approved work.
3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM
and FEMA before starting the project. Failure to do so will jeopardize grant funding.The Subrecipient shall
submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for
review and approval prior to incurring costs.Approval of these requests is not guaranteed and is subject to
funding availability. Costs incurred prior to approval of any scope or budget/cost changes may be denied.
4. The Project Completion and Certification Report must be submitted to TDEM within 60 days of all approved
work being completed for each project. If any project requires the purchase of insurance as a condition of
receiving federal funds,a copy of the current policy must be attached to this report,or Duplication of Benefits
form certifying other funds were received to complete the project.
5. A cost overrun appeal on small($128,900)Public Assistance projects must be reported to the Texas Division
of Emergency Management (TDEM) within 60 days of completing the last small project in order to be
considered for additional funding.
6. Appeals may be filed on any determination made by FEMA or TDEM.All appeals must be submitted to TDEM
within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a
determination contained in the project application, the 60 days will start the day the application is signed.
Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative
Project.
7. Public Assistance program projects will not receive funding until all of the requirements identified in the
comments section of the Project Worksheet are met.
8. You may request a payment of funds on projects by initiating a Request for Reimbursement(RFR)in TDEM's
Grant Management System (GMS)or an Advance of Funds Request (AFR), and including documentation
supporting your request. Small Public Assistance projects are paid upon obligation and will be initiated by
TDEM personnel.Payments for open projects must be requested at least quarterly if expenditures have been
made in that quarter.
9. Subrecipients will be required to submit quarterly progress reports (QPR) for open large projects and all
Hazard Mitigation Grant Program projects using TDEM's GMS. Your assigned Public Assistance and/or
Mitigation Coordinator will coordinate the due date for your specific reporting. Reports shall record all
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GRANT TERMS AND CONDITIONS
information in an accurate and timely manner for each quarter. Detailed information regarding each item of
information required is available on the form in GMS. Public Assistance program small projects are typically
exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring
a POP extension.The first quarterly report will be due at the end of the first full quarter following the quarter
in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a
closeout request and has provided a certificate of completion. Failure to submit required quarterly reports
for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports
are submitted and up-to-date.
10.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be
required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles,Audit, and
Administrative Requirements for Federal Awards, Subpart F.A copy of the Single Audit must be submitted
to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year.
Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter
must be sent to TDEM certifying to this.
11.Subrecipients will not make any award to any party which is debarred or suspended,or is otherwise excluded
from participation in the Federal assistance programs(EO 12549,Debarment and Suspension).Subrecipient
must maintain documentation validating review of debarment list of eligible contractors.
12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment.
A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of
equipment is valued over$5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If
the fair market value of a piece of equipment is less than$5,000,the property can either be retained,sold or
designated as surplus with no further obligation to FEMA.
13.TDEM will be using the FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets
(Portal).Subrecipient will be responsible for establishing and maintaining an active account in the Portal and
to provide and upload timely, all information requested that is needed to write accurate project worksheets.
The Portal will provide the Subrecipient visibility of the entire project writing process.
14.TDEM requires the use of its Grant Management System (GMS) for Subrecipient grant management
functions.Subrecipient will access GMS to initiate Requests for Reimbursements(RFR),Advance of Funds
Requests (AFR), Time Extensions, Scope and Cost change requests, Quarterly Progress Reports, Project
Closeouts,Appeals,and other items deemed necessary by TDEM. Requested forms and processes may be
adjusted and changed to accommodate GMS processes and requirements. Subrecipient agrees to monitor
GMS as necessary to properly manage and complete awarded projects under this agreement.
16.2 CFR 200.210(a)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The
Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the
10%de minimis rate of modified total direct costs(MTDC)(as per§200.414)when receiving Management
Costs.
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ATTACHMENT "E"
DAVIS BACON PROVISIONS
(a) Davis-Bacon Provisions. Contractor shall comply with 40 U.S.C.3141-3148 and 40 U.S.C.3701-
3708(labor standards originally enacted as the Davis-Bacon Act,the Contract Work Hours and Safety Standards
Act,the Copeland Anti-Kickback Act),which are incorporated into the Contract by this reference. This includes,
but is not limited to, the following provisions:
(i) Minimum wages.
(1) 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(d)(i)(4) 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
section(d)(iv). Laborers or mechanics performing work in more than one classification may be compensated at
the rate specified for each classification for the time actually worked therein: Provided, That the employer's
payroll records accurately set forth the time spent in each classification in which work is performed. The wage
determination (including any additional classification and wage rates conformed under paragraph (d)(i)(2) 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.
(2)
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:
i. The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
ii. The classification is utilized in the area by the construction
industry; and
iii. 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,andi fesct8i acting officer agree on the classification and wage
rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be
sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor,
Washington,DC 20210.The Administrator,or an authorized representative,will approve,modify,or disapprove
every additional classification action within 30 days of receipt and so advise the contracting officer or will notify
the contracting officer within the 30-day period that additional time is necessary.
c. In the event the Contractor, the laborers or mechanics to be employed in
the classification or their representatives, and the contracting officer do not agree on the proposed classification
and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer
shall refer the questions, including the views of all interested parties and the recommendation of the contracting
officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
d. The wage rate (including fringe benefits where appropriate) determined
pursuant to paragraphs (d)(i)(2) (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.
(3) 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.
(4) 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.
(ii) Withholding. The City shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the Contractor under this
Contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract
subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of
the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages
required by the Contract.In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,
or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by
the Contract, the City 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.
(iii) Payrolls and basic records.
(1) 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 frine benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis-Bacon cr 16 ai y and weekly number of hours worked, deductions
r
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.
(2)
a. The Contractor shall submit weekly for each week in which any Contract
work is performed a copy of all payrolls to the Bureau of Reclamation if the agency is a party to the contract,
but if the agency is not such a party,the Contractor will submit the payrolls to the applicant, sponsor, or owner,
as the case may be,for transmission to the Bureau of Reclamation. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),except that full social
security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for each employee (e.g., the last four digits of the
employee's social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The Contractor is responsible for the
submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full
social security number and current address of each covered worker, and shall provide them upon request to the
(write in name of appropriate federal agency) if the agency is a party to the Contract, but if the agency is not
such a party, the Contractor will submit them to the applicant, sponsor, or owner, as the case may be, for
transmission to the (write in name of agency),the Contractor, or the Wage and Hour Division of the Department
of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social security
numbers to the prime contractor for its own records, without weekly submission to the sponsoring government
agency (or the applicant, sponsor, or owner).
b. Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment
of the persons employed under the Contract and shall certify the following:
i. That the payroll for the payroll period contains the information
required to be provided under § 5.5 (a)(3)(ii) of Regulations,29 CFR part 5,the appropriate information is being
maintained under§ 5.5 (a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete;
ii. 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;
iii. 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 satisfythe re uirement for submission of the "Statement of
Compliance"required paragraph a 3 u B of tl s section.
pby ( )( )(��)( )
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.
(3) The Contractor or subcontractor shall make the records required under paragraph
(c)(iii)(1) of this section available for inspection, copying, or transcription by authorized representatives of the
City 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.
(iv) Apprentices and trainees -
(1) Apprentices. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration,Office of Apprenticeship Training,Employer and Labor Services,or with a State Apprenticeship
Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or
a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker
listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition,any apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a Contractor is performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly
rate)specified in the Contractor's or subcontractor's registered program shall be observed.Every apprentice must
be paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with
that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the
Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for
the work performed until an acceptable program is approved.
(2) 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 Ftwaktissgn accordance with the provisions of the trainee
program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage
e
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.
(3) 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.
(v) 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.
(vi) 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 City may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 5.5.
(vii) 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.
(viii) 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.
(ix) 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 City,the U.S. Department of Labor, or the employees or their representatives.
(x) Certification of eligibility.
(1) 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).
(2) 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).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code,
18 U.S.C. 1001.
(b) Contract Work Hours and Safety Staridltrdsaiseisst
(i) 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.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation
of the clause set forth in paragraph(i) of this Section the Contractor and any subcontractor responsible therefor
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States(in the case of work done under contract for the District of Columbia or a territory,to such City or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph
(i) 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(i)of this Section.
(iii) Withholding for unpaid wages and liquidated damages. The City 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 Contractor, or any other federally-assisted contract subject
to the Contract Work Hours and Safety Standards Act, which is held by the Contractor, such sums as may be
determined to be necessary to satisfy any liabilities of Contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph(ii) of this section.
(iv) Subcontracts. Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph(ii)through(iv) of this Section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor
or lower tier subcontractor with the clauses set forth in paragraphs (i)through(iv) of this Section.
Page 66 of 66
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Jennifer Edwards
From: John Cannatella
Sent: Wednesday,January 24, 2024 8:52 AM
To: Jennifer Edwards
Cc: Val Tizeno; Dr. Hani Tohme, P.E., Ph.D.;Toria Rotibi; Sherry Vital; Martin Flood
Subject: Close out of 5th &6th Street Project - Gulf Coast
Attachments: RE: 5th &6th Street -- Change Order#3
Jennifer, the legal department has asked for an explanation on why it took so long to close out this project. I offer the
following,
1. On October 14th, 2022, I informed the contractor that the City would not be able to pay for an amount
exceeding the 25%amount above the contract value.
2. At the time of the final asphalt placement the contractor exceeded the planed quantity amount and had to
perform some remedial driveway work to close the project out. The contractors final pay application was some
$40k over the 25%contract amount so final payment has been held up pending a resolution of this overrun
matter.
Some time in the late summer early fall of 2023, I had questioned Cliff Williams concerning the provisions of
Local Government Code Sec. 252 . 047 . PAYMENT METHOD FOR CERTAIN CONTRACTS . If
the contract is for the construction of public works or for the purchase
of materials, equipment, and supplies, the municipality may let the
contract on a lump—sum basis or unit price basis as the governing body of
the municipality determines . If the contract is let on a unit price
basis, the information furnished to bidders must specify the approximate
quantity needed, based on the best available information, but payment to
the contractor must be based on the actual quantity constructed or
supplied.
Acts 1987, 70th Leg. , ch. 149, Sec. 1, eff. Sept . 1, 1987 .
3. Cliffs response was that the City could not exceed the 25%contract amount.
4. Subsequent meeting with Val Tizeno with staff present indicated that these construction contracts are
considered lump sum contracts and the provisions of Local Government code Sec 252.047 does not allow the
city to pay over the 25%contract amount.
5. I have informed the contractor Gulf Coast Mr. Zack Legett that the City cannot pay them for work performed
over the 25%amount, they have indicated that we need to close out this contract, but they retain rights to file a
law suit over this non payment issue.
John Cannatella, PE
City Engineer
City of Port Arthur,Texas
Office 409-983-8189
Mobile 409-728-4399
1
Jennifer Edwards
From: Brian Wallace
Sent: Wednesday,January 24, 2024 8:50 AM
To: John Cannatella;Jennifer Edwards
Cc: Dr. Hani Tohme, P.E., Ph.D.; Lynda Boswell
Subject: RE:Jade Roadway Reconstruction Project
ST3120 is now set up and active with a budget of$2,466,667.00.
Projects (3)
Project Code A ,.}tact ,, ;,Ppartinknt Pro.cted Start i
jade •
ST3068 JADE A1tE W 61 ST STR Active 08/30/2021
W 63RD
ST3083 JADE AVE W 63R[� STR Active 08/30/2021
FM 365
JST3120 ade Ave SH73 TO STR Active 01/24/2024
61 st St
Thanks,
Brian Wallace
Budget and Compliance Analyst
City of Port Arthur
409-983-8174
From:John Cannatella <john.cannatella@portarthurtx.gov>
Sent:Tuesday,January 23, 2024 12:47 PM
To: Brian Wallace<brian.wallace@portarthurtx.gov>;Jennifer Edwards<jennifer.edwards@portarthurtx.gov>
Cc: Dr. Hani Tohme, P.E., Ph.D.<tohmehani@yahoo.com>; Lynda Boswell<lynda.boswell@portarthurtx.gov>
Subject: RE:Jade Roadway Reconstruction Project
No just use the limits you have,
For the SH73 TO 615T section, use$2,466,667 as a budget number, 3700ft x 50 ft/9 x$120/SY=
John Cannatella, PE
City Engineer
City of Port Arthur,Texas
Office 409-983-8189
Mobile 409-728-4399
From: Brian Wallace<brian.wallace@portarthurtx.gov>
Sent:Tuesday,January 23, 2024 11:58 AM
1
To:John Cannatella <iohn.cannatella@portarthurtx.gov>;Jennifer Edwards<Jennifer.edwards@portarthurtx.gov>
Cc: Dr. Hani Tohme, P.E., Ph.D.<tohmehani@yahoo.com>; Lynda Boswell<lynda.boswell@portarthurtx.gov>
Subject: RE:Jade Roadway Reconstruction Project
Okay sounds good... this is what I have so far. Once you give me the budget on this third project, it will join the
list... do I need to adjust the street names to match yours or will you use what's in Tyler? Cutoff was 63rd
instead of 64th. Just wanting to make sure our records agree
Projects (2)
Project Code - Project Type Status
jade
1>T306$ JADE AVE W 61 ST STR Active
W 63RD
ST3083 JADE AVE W.63RD STR Active
FM 365
Thanks,
Brian Wallace
Budget and Compliance Analyst
City of Port Arthur
409-983-8174
From:John Cannatella<john.cannatella@portarthurtx.gov>
Sent:Tuesday,January 23, 2024 11:46 AM
To: Brian Wallace<brian.wallace@portarthurtx.gov>;Jennifer Edwards<jennifer.edwards@portarthurtx.gov>
Cc: Dr. Hani Tohme, P.E., Ph.D. <tohmehani@yahoo.com>; Lynda Boswell<lynda.boswell@portarthurtx.gov>
Subject: RE:Jade Roadway Reconstruction Project
Thanks Brian, sorry for the sick engineering humor.
I will try to split it up and we can allocate by phases. In reality we will not build this thing all at once. Probably, create
three jobs, unless we can get some grant assistance.
1. Jade Ave SH73 to 61st Street.
2. Jade Ave 61st to 64th Street.
3. Jade Ave 64th to FM 365.
These limits may change, but we are in no hurry on this one. The engineering selection has been delayed by
procurement.
John Cannatella, PE
City Engineer
City of Port Arthur,Texas
Office 409-983-8189
2
Mobile 409-728-4399
From: Brian Wallace<brian.wallace@portarthurtx.gov>
Sent:Tuesday,January 23, 2024 11:32 AM
To:John Cannatella<john.cannatella@portarthurtx.gov>;Jennifer Edwards<Jennifer.edwards@portarthurtx.gov>
Cc: Dr. Hani Tohme, P.E., Ph.D.<tohmehani@vahoo.com>; Lynda Boswell<lynda.boswell@portarthurtx.gov>
Subject: RE:Jade Roadway Reconstruction Project
Okay, I thought you meant a prelim number for engineering... and then add on to that for construction. In any
case, let me know what#you decide and I'll get it set up.
Thanks,
Brian Wallace
Budget and Compliance Analyst
City of Port Arthur
409-983-8174
From:John Cannatella<John.cannatella@portarthurtx.gov>
Sent:Tuesday,January 23, 2024 11:24 AM
To: Brian Wallace<brian.wallace@portarthurtx.gov>;Jennifer Edwards<jennifer.edwards@portarthurtx.gov>
Cc: Dr. Hani Tohme, P.E., Ph.D. <tohmehani@vahoo.com>; Lynda Boswell<Ivnda.boswell@portarthurtx.gov>
Subject: RE:Jade Roadway Reconstruction Project
It depends on if we do it concrete or asphalt?
John Cannatella, PE
City Engineer
City of Port Arthur,Texas
Office 409-983-8189
Mobile 409-728-4399
From: Brian Wallace<brian.wallace@portarthurtx.gov>
Sent:Tuesday,January 23,2024 11:10 AM
To:John Cannatella<john.cannatella@portarthurtx.gov>;Jennifer Edwards<jennifer.edwards@portarthurtx.gov>
Cc: Dr. Hani Tohme, P.E., Ph.D.<tohmehani@vahoo.com>; Lynda Boswell<Ivnda.boswell@portarthurtx.gov>
Subject: RE:Jade Roadway Reconstruction Project
That sounds good.. what is your preliminary budget amount?
Thanks,
Brian Wallace
Budget and Compliance Analyst
City of Port Arthur
409-983-8174
From:John Cannatella<john.cannatella@portarthurtx.gov>
Sent: Monday,January 22, 2024 1:34 PM
3
To: Brian Wallace<brian.wallace@portarthurtx.gov>;Jennifer Edwards<Jennifer.edwards@portarthurtx.gov>
Cc: Dr. Hani Tohme, P.E., Ph.D.<tohmehani@yahoo.com>; Lynda Boswell<lynda.boswell@portarthurtx.gov>
Subject: Re:Jade Roadway Reconstruction Project
We are doing the preliminary engineering report to determine the overall cost. At that point council would have to
approve a budget amount for the roadway.
If I could make a recommendation, let's create an account for preliminary engineering for the program, that way we can
do some engineering ahead of the budget preparation and have some intelligent recommendations to bring to council.
John Cannatella
Get Outlook for lOS
From: Brian Wallace<brian.wallace@portarthurtx.gov>
Sent: Monday,January 22, 2024 1:17:48 PM
To:Jennifer Edwards<jennifer.edwards@portarthurtx.gov>
Cc:John Cannatella<John.cannatella@portarthurtx.gov>; Dr. Hani Tohme, P.E., Ph.D. <tohmehani@yahoo.com>; Lynda
Boswell <lynda.boswell@portarthurtx.gov>
Subject: RE:Jade Roadway Reconstruction Project
The new project number would be ST3120, but I need the total budget amount for the whole length instead of
just the sum of the two projects below since the scope expanded. Also, once the total budget amount is
confirmed, I'll move the expenses from those two projects to ST3120.
Thanks,
Brian Wallace
Budget and Compliance Analyst
City of Port Arthur
409-983-8174
From:Jennifer Edwards<iennifer.edwards@portarthurtx.gov>
Sent: Monday,January 22, 2024 10:59 AM
To: Brian Wallace<brian.wallace@portarthurtx.gov>
Cc:John Cannatella<john.cannatella@portarthurtx.gov>; Dr. Hani Tohme, P.E., Ph.D.<tohmehani@vahoo.com>; Lynda
Boswell <lynda.boswell@portarthurtx.gov>
Subject:Jade Roadway Reconstruction Project
Good morning Brian,
Per our conversation regarding the above-mentioned project. The project numbers in Tyler do
not reflect the scope of the project. I agree that a new project number should be issued to cover
the entire scope. The scope of the Jade Project is from Highway 73 to FM 365. As you know
the two project numbers in Tyler do not reflect that scope so providing a new project number
would be appropriate. Tyler lists as follows ... ST3068 is for 61St Street to 63rd Street -
4
riff
$122,220.0. ST3083 is for 63rd St. to FM 365 - $214,560.00. These two numbers can be added
together, however, since they do not reflect the entire limits of the project, I am not sure if the
amount will be correct. I will check on this. In the meantime, can you provide a new project
number?
Thanks,
Jennifer
M. Jennifer Edwards, BAAS, MPA
CIP Manager, Engineering
444 4th Street; City Hall; 3' Floor
Port Arthur, Texas 77640
409-983-8188 office
409-566-1785 cell
www.portarthurtx.gov
5