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PR 25004 CONTRACT WITH CLA-VAL SERVICE FOR BABE ZAHARIAS GOLF COURSE
a',tio r rrG`ui""� Team www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 9, 2026 To: The Honorable Mayor and City Council Through: Ron Burton, CPM, City Manager From: Chandra Alpough, CPM, CPRP,Director of Parks and Recreation Wv RE: P.R. 25004—Contract with Cla-Val Service for Servicing of Cla-Val Valves at the Babe Zaharias Golf Course Introduction: The intent of this Agenda Item is to request the City Council's approval of P.R. No. 25004 authorizing the City Manager to enter into a contract with Cla-Val Service of Buda, Texas for servicing and repairs to the Cla-Val control valves on the irrigation system at the Babe Zaharias Golf Course in the amount of$33,096.00. Background: The irrigation valves at the Babe Zaharias Golf Course are critical components of the overall irrigation system and are in need of servicing and repair due to wear and tear from years of continuous operation. Several valves are no longer functioning properly,which has impacted the efficiency and reliability of the irrigation system.Cla-Val Service of Buda,Texas is a sole source provider for the Cla-Val control valves for the irrigation system at the Golf Course. Servicing and repairing the valves will help ensure the irrigation system operates efficiently as well as preserving the quality and playability of the course. Budget Impact: Funds are available in ARPA Account Number 169-25-065-8526-00-20-000 Project Code ARP021 Recommendation: It is recommended that the City Council approve P.R.No.25004 authorizing the City Manager to enter into a contract with Cla-Val Service of Buda, Texas for servicing and repairs to the Cla-Val control valves on the irrigation system at the Babe Zaharias Golf Course in the amount of$33,096.00. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 P.R. #25004 06/09/26 CA-TNR RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CLA-VAL SERVICE OF BUDA, TEXAS, FOR THE REPAIR AND SERVICING OF CLA-VAL CONTROL VALVES ASSOCIATED WITH THE IRRIGATION SYSTEM AT THE BABE ZAHARIAS GOLF COURSE; FINDING THAT THE PROCUREMENT QUALIFIES AS A SOLE SOURCE PURCHASE AND IS EXEMPT FROM COMPETITIVE BIDDING PURSUANT TO SECTION 252.022(a)(7)(D) OF THE TEXAS LOCAL GOVERNMENT CODE. FUNDING IN THE AMOUNT OF $33,096.00 IS AVAILABLE IN THE ARPA ACCOUNT NUMBER 169-25-065-8526-00-20-000 PROJECT CODE ARP021 WHEREAS, the City of Port Arthur owns and operates the Babe Zaharias Golf Course located at 3500 Jimmy Johnson Blvd, and its associated irrigation system; and WHEREAS, City staff have determined that certain Cla-Val control valves within the irrigation system are in poor condition, and in need of repair and servicing; and WHEREAS, the existing irrigation infrastructure utilizes Cla-Val control valves and components that require specialized maintenance and replacement parts for compatibility with the existing system; and WHEREAS, Cla-Val Service of Buda, Texas, is the sole authorized provider capable of servicing and repairing the existing Cla-Val control valves and supplying the proprietary replacement components necessary for compatibility with the City's existing irrigation system, as documented in the sole source certification attached hereto as Exhibit"A"; and WHEREAS, Cla-Val Service has submitted a proposal for the repair and servicing of the Cla-Val control valves in the amount of$33,096.00, attached hereto as Exhibit"B"; and WHEREAS, this procurement is authorized under the City's Procurement Policies and Procedures Section 3-105 Sole Source Procurement, b) Compatibility- the product must match an existing brand of equipment for compatibility and is available from only one supplier; and WHEREAS, this procurement is exempt from competitive bidding pursuant to Section 252.022(a)(7)(D) of the Texas Local Government Code, which exempts captive replacement parts and components for equipment from the competitive bidding requirements of Chapter 252; and WHEREAS, sufficient funding is available in ARPA Account No. 169-25-065-8526- 00-20-000, Project Code ARP021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: P. R. #25004 06/09/26 CA-TNR Section 1. That the facts and opinions in the preamble are true and correct. Section 2. The City Council hereby authorizes the City Manager to execute a contract with Cla-Val Service of Buda, Texas, for the repair and servicing of the Cla-Val control valves associated with the irrigation system at the Babe Zaharias Golf Course. Section 3. Funding for this project in the amount of$33,096.00 is available in ARPA Account No. 169-25-065-8526-00-20-000, Project Code ARP021. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED THIS day of , A.D., 2026, at a Regular Meeting of the City Council of the City of Port Arthur,by the following vote: AYES: (Mayor) Councilmembers: NOES: Charlotte M. Moses Mayor ATTEST: Christe Whitley Ned, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney OVED A.S.V AD IS TION: (---- av'Svit.. D., . Ron Burton, CPM, 1=4r P. R. #25004 06/09/26 ca Dll/(l\- Chandra Alpough, CPM Director of Parks and Recreation APPROVED AS TO AVAILABILITY OF FUNDS: yn swell Director of Finance f ' 1i%) (44_k Clifton , illiams, CPPB Purchasing Manager Exhibit "A" _ _ SOLE SOURCE CONTRACT FOR REPAIR AND SERVICING OF CLA-VAL CONTROL VALVES AT BABE ZAHARIAS GOLF COURSE TABLE OF CONTENTS A. CONTRACT AGREEMENT B. ARPA FEDERAL FUNDING PROVISIONS C. ESTIMATE D. NOTICE OF AWARD E. NOTICE TO PROCEED F. INSURANCE G. FEDERAL CLAUSES SECTION "A" CONSTRUCTION AGREEMENT CONTRACT FOR REPAIR AND SERVICING OF CLA-VAL CONTROL VALVES AT BABE ZAHARIAS GOLF COURSE THIS CONSTRUCTION AGREEMENT("Agreement"or"Contract"),made this day of ,2026,by and between the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,hereinafter called "OWNER", "Owner" "CITY", or"City"and CLA-VAL Service a(n)hereinafter called"CONTRACTOR" WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein,OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall be calendar days from the date listed on the Notice to Proceed,unless sooner terminated under the provision hereof. 2. The CONTRACTOR will perform work as stated in the Contract Documents. 3. During the term of this Contract,the Contractor will furnish at his own expense all of the materials, supplies,tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Contract Documents. 4. The CONTRACTOR agrees to perform all the work described in the specifications and Contract Documents and to comply with the term in the total amount of$ 33,096 5. The term "Contract Documents"means and includes the following,all of which are incorporated into and made part of this Agreement: A) Construction Agreement B) ARPA Federal Funding Provisions C) Estimate D) Notice of Award E) Notice to Proceed F) Insurance G) House Bill 89 Verification H) Non-Collusion Affidavit I) Affidavit J) SB 252 Chapter 2252 Certification K) Federal Clauses 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 7. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in (2 copies) each of which shall be deemed an original on the date first above written. Signed on the day of ,2026. ATTEST CITY OF PORT ARTHUR BY City Secretary Signed on the day of ,2026. CONTRACTOR: Representative Print Name: Title: SECTION "B" ARPA FEDERAL FUNDING PROVISIONS EXHIBIT"A" ARPA FEDERAL FUNDING PROVISIONS 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 terms of the Contract and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents. (11) 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: 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.The 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. (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. B-1 (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: 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. 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. 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. 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. (d) Appendix II to Part 200 (D) — Davis-Bacon Act: Copeland ("Anti-Kickback") Act: The Contract Documents include these requirements. (e) Appendix II to Part 200(E)—Contract Work Hours and Safety Standards Act: (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 District or to such territory).for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (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. 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 B-2 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. 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. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: This provision is not applicable to the Contract. (g) Appendix II to Part 200(G)—Clean Air Act and.Federal Water Pollution Control Act: 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 Agency 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. (h) 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.§ 18(1935). (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. (i) 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 certif►ratinn Fach tierr:ertifias.tn th.e_tieraboyck that it will not and has not used Federal appropriated funds to pay any B-3 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. (ii) If CONTRACTOR has not submitted the required certification.CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment"1"and incorporated herein by this reference. (i) 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- g uideline-cog-program. (iv) CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act" (k) 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. (I) Appendix II to Part 200(L)—§200.322 Domestic Preferences for Procurement: B-4 fY (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 subiect 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 minority businesses 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. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c)of ARPA. Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of ARPA, regulations adopted by Treasury pursuant to section 603(f)of ARPA, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including,without limitation,the following: B-5 (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Govemmentwide Debarment and Suspension (Nonprocurement),2 C.F.R.Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace. 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655)and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation,the following: (I) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101 et seq.).and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Hatch Act. If CONTRACTOR is a public agency. CONTRACTOR agrees to comply, as applicable, with the requirements of the Hatch Act (5 U.S.C. section 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. (f) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below-iafermatioratbat-the-emple_ ieves-is.auidense-of oss efa.:fedara).sentract B-6 or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress: (2) An Inspector General; (3) The Government Accountability Office: (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law enforcement agency; (6) A court or grand jury;or (7) A management official or other employee of CONTRACTOR,or a subcontractor who has the responsibility to investigate, discover,or address misconduct. (g) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18. 1997). CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513,74 FR 51225(Oct.6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving. and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract,including,but not limited to,the following: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race, color,or national origin(42 U.S.C.§2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives: circulars:policies; memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who. because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly. CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs,services and activities to LEP persons.CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language.services for LEP persons during. development of applicable budgets and when conducting programs, services and activities. As a resource. the Department of the Treasury has published its LEP guidance at 70 FR 6067.For more information on LEP,please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACIOR_'ssuccesscr:s,+tensferees.andassianees,for4heperind.ip.vuhich.sucliassistance.isprovided,--. B-7 (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors. successors,transferees andassignees: The subcontractor,successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of or otherwise discriminating against a person on the basis of race, colorr,or national origin(42 U.S.C. §2000d et seq.), as implemented by Department of the Treasury Title VI regulations: 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also extends protection to persons with "Limited English proficiency"in any program or activity receiving federal financial assistance; 42 U.S.0 §2000d et seq.. as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided,this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation,litigation,and monitoring of any settlement agreements that may result from these actions.CONTRACTOR shall comply with information requests,on-site compliance reviews, and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination,please so state. (x) If CONTRACTOR makes sub-awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. B-8- ATTACHMENT"1" NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS TITLE 49. CODE OF FEDERAL REGULATIONS, PART 29 CONTRACTOR certifies, by signing and submitting this form, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement. and the extension,continuation,renewal,amendment,or modification of any Federal contract, grant, loan,or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract. grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. CONTRACTOR also agrees that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed$100,000 and that all such subrecipients shall certify and disclose accordingly. Signature: Printed Name: Title: Firm Name: B-9- SECTION C ESTIMATE CLA-VA[ SOUTEX SURVEYORS & ENGINEERS 3737 Doctors Dr Port Arthur Texas 77642 United States Subject: Cla-Val as Sole Source Service Provider The purpose of this letter is to confirm that Cla-Val is your only authorized factory service provider. Our Field Service Technicians are highly trained professionals that have a thorough, in-depth knowledge of the workings of each valve and products CIa- Val manufactures. Our factory-trained sales and service personnel are the only individuals authorized to perform repairs, start-up service, or maintenance of Cla-Val products. As an ISO 9001 certified company, we maintain the highest standard for quality assurance. Unauthorized repairs will result in voiding Cla-Val warranty. Cla-Val technicians have an average of over 12 years of experience. Our fleet of service vehicles are fully stocked with spare and factory replacement parts to • ensure on-site maintenance and repair services are executed in a timely manner. Cla-Val Field Service is there when you need it, backed by more than 85 years of valve design and manufacturing experience. Please do not hesitate to contact me if I can provide any additional information Regards, Jeff Link Service Manager 214.907.3223 jeff.link@cla-val.com CLA_VAL 1701 Placentia Ave•Costa Mesa CA 92627•Phone:949-722-4800•Fax:949-548-5441 •E-mail:info@cla-val.com•www.cla-val.com 'Copyright Cla-Val 2017•Printed in USA•Specifications subject to change without notice. Exhibit "B" _ _ _ _ _ 1 IrT1-11 Cla-Val Co. Ili 365 Warehouse Dr, Suite 113 Buda, TX 78610 ServiceTX@cla-val.com 214-388-3493 Salesperson: Zach Coborn mi �"W zach.coborn@cla-val.com 1913-222-4410 CLA-VAL{ILII https://cla-val.com Estimate Parent Account: Service Account: Reported By:Jeremy Mitchell SOUTEX SURVEYORS& SOUTEX Surveyors&Engineers Mobile:4092931600 ENGINEERS Port Arthur Golf Course Irrigation Phone:4099832004 3737 Doctors Dr Skid Email:jeremy@soutex.net Port Arthur,Texas 77642 3737 Doctors Dr United States Port Arthur, Texas 77642 United States Estimate#:WO-00016922 Estimate Type: Rebuild DETAILS 2"Relief Model Size 50 2" Quantity Product Unit Price Total Amount 1.00 2"Relief Valve and Installation $7,681.00 $7,681.00 $7,681.00 6"irrigation Model Size 43 6" Quantity Product Unit Price Total Amount 4.00 CK2 3/8"BALL VALVE STAINLESS STEEL 316 S $0.00 $0.00 2.00 CRL Pilot,Stainless Steel IS 20-200 1/2" 300S $2,435.00 $4,870.00 2.00 CV Speed Control 3/8"Stainless Steel $637.00 $1,274.00 1.00 FLTR&SUMP ASSY TQBRZ $3,937.00 $3,937.00 2.00 GAGE,LF 0-200 1/4 2H $133.00 $266.00 1.00 Labor/Travel $3,860.00 $3,860.00 1.00 REBUILD ASSY,KIT 100 6 TT ALL $4,508.00 $4,508.00 1.00 STAINLESS STEEL TUBING AND FITTINGS $438.00 $438.00 1.00 TIMER,FOR F76S FLTR CRTG BACKWASH KIT $1,790.00 $1,790.00 1.00 X105L2W SPDT 6 BB $1,765.00 $1,765.00 2.00 X141-PT ASSY 0-290 $936.00 $1,872.00 1.00 X43 STRAINER 3/8 STAINLESS STEEL TT $161.00 $161.00 1.00 X47A 3/16P,9/32S TEBS $483.00 $483.00 1.00 X58C .125 3/8X3/8 RESTRICTION FITTING(RED) $191.00 $191.00 STAINLESS/STAINLESS TS $25,415.00 6/3/2026 1 of 2 Pre-Tax Estimate Total: $33,096.00 NOTES:valve has never been touched Needs a complete internal and external rebuild to get it up to operating level For Scheduling,please contact: ServiceTX©cla-val.com or 214-388-3493 Terms of Service: 1.Provide unobstructed site access for control valve service.This includes valves that are submerged under water,buried partially/completely with dirt,gravel,or other debris. 2.Customer responsible for isolating upstream and downstream isolation valves for zero pressure working conditions and/or draining pipeline if required prior to Cla-Val service arrival. 3.Providing overall safe working environment and notifying Cla-Val Service of potential hazards.(Permit Required Confined Space,Ladder Required For Access,Inside Building,Manhole Access,etc.) 4.Eight inch(8")and larger valves must have access for lifting equipment and/or crane truck to provide lifting assistance. 5.If customer has own lifting equipment(crane,hoist,etc.)customer is responsible for operating lifting equipment. 6.Delays caused by inoperable isolation valves,site access,etc.,will be billed at standard labor rates. 7.Estimate does not include wear items,including but not limited to,diaphragm washer,disc retainer,stem/stem nut,valve seat,body,cover, hydraulic pilots,tubing,fittings,and solenoids unless otherwise stated in scope of work or listed in estimate. 8.Work shall occur during normal business hours.Weekend and after hours available for additional fee. 9.Estimate valid for 30 days. 10.Estimate is an approximation and is not guaranteed.Service is billed on actual time and materials. Terms and Conditions:https://www.cla-val.com/wp-content/uploads/2021/11/Customer terms.pdf By agreeing to this Estimate,I am affirming I am authorized to legally obligate the Company/Municipality/Utility/Tribe/Entity/Organization listed on this Estimate to pay for goods and services provided under this Estimate,regardless of Purchase Order or Contract/Agreement on file.An invoice will follow the Cla-Val Service Report and/or Estimate and will be due upon receipt,unless otherwise explicitly stated on previously established purchase order or agreement.Interest will accrue at the rate of 1%per month from Invoice date. 6/3/2026 2 of 2 SECTION "D" NOTICE OF AWARD CHARLO 1TE M.MOSES,MAYOR RONALD BURTON,CPM MAYOR PROTEM CitY.o} of CITY MANAGER M CHRISTE WHITLEY NED,TRMC COUNCIL MEMBERS: / �� CITY SECRETARY WILLIE BAE LEWIS,JR. c� CAL J.JONES o r t r t h u r ROXANN PAIS COTRONEO DONEANE BECKCOM CITY ATTORNEY HAROLD L.DOUCET,SR., Texas DONALD FRANK,S NOTICE OF AWARD Date Contractor Name Attn: Address City, State Zip Re: You are notified that on ,2025,the City of Port Arthur City Council awarded above referenced contract. Within ten(10)days after you comply with the conditions listed below,the Purchasing Manager will issue to you a written Notice to Proceed and Purchase Order. Work must not begin until these documents have been issued to you. Two (2) original Contract Documents and one (1) copy of Resolution No. accompany this Notice of Award You must comply with the following conditions precedent within ten(10) days of the date of this Notice of Award that is by or by the first working day thereafter. You must deliver to the Purchasing Manager: 1. One (1)fully executed Contract. 2. One(1)signed, original Notice of Award. 3. One (1) original Certificate of Insurance, naming the Owner (City of Port Arthur) and their respective agents and employees,to be expressly named as additional insurers, in accordance with the General Conditions. 4. One (1) HB 1295 Form filled out completely. For more information go to the following website. https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. 5. Payment and Performance Bonds. Please return all requested documents to: City of Port Arthur,TX Attn: Clifton Williams,Purchasing Manager P.O.Box 1089 Port Arthur,TX 77641 Page 1 of 2 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 1089144.1 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 CHARLOTTE M.MOSES,MAYOR ' ..,„ RONALD BURTON,CPM HAROLD L.DOUCET,SR., CITY MANAGER MAYOR PRO TEM City of cge CHRISTE WHITLEY NED,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. o rt rth u TIFFANY L.HAMILTON EVERFIELD ROXANN PAIS COTRONEO DONEANE BECKCOM Texas CITY ATTORNEY THOMAS KINLAW,III DONALD FRANK,SR. NOTICE OF AWARD Contractor Name Date Page 2 Failure to comply with these conditions within the time specified will entitle Owner to consider your bid in default and to annul this Notice of Award. OWNER: CITY OF PORT ARTHUR,TEXAS BY: Clifton Williams,Purchasing Manager ACCEPTANCE OF AWARD: Contractor: Signature: Print: Title: Date: CC: Page 2 of 2 Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 1089 MA 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 SECTION"E" NOTICE TO PROCEED CHARLOTTE M.MOSES,MAYOR RONALD BURTON,CPM HAROLD L.DOUCET,SR., 'g' CITY MANAGER MAYOR PRO TEM City a f Gary CHRISTE WHITLEY NED,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. art r t h— ROXANN PAIS COTRONEO TIFFANY L.HAMILTON EVERFIELD CITY ATTORNEY DONEANE BECKCOM THOMAS KINLAW,HI DONALD FRANK,SR. NOTICE TO PROCEED Date Contractor Name Attn: Address City, State Zip Re: You are notified that the Contract Times under the above contract will begin to run on_ by that date,you are to start performing your obligations under the Contract Documents The date of Contract Termination will be .It is the responsibility of the contractor to meet the schedule as set forth and in accordance with the terms and conditions of the contract. Before you may start any work, you must deliver to the Purchasing Manager all required documents as listed in your Notice ofAward and a signed original of this Notice to Proceed. Invoices for payment must be submitted to PO Box 1089, Attn: Accounting, Port Arthur, TX 77,641. Contract# must appear on all related invoices. Should you have any questions regarding this project, you may contact me at 409.983.8160 or thank you for partnering with the City of Port Arthur. Respectfully, ACCEPTANCE OF NOTICE TO PROCEED Company: Clifton Williams Signature: Purchasing Manager Print: Title: Date: CC: Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891414 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 � �rt SECTION "F" INSURANCE l Acctizo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE FAX(A/C, (A/C.No.Ext): No): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPEOFINSURANCE ADDL SUER POLICYEFF POLICY EXP INRR WVD POLICYNUMBER (MM/DO/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PRMMGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE I I OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ n POLICY Ti PE n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMI(� (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULE BODILY INJURY(Per accident) $ AUTOS D AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE n N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD L-- --- SECTION "G" FEDERAL CLAUSES- 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clause shall not be modified,except to identify the subcontractor who will be subject to its provisions. 2.RRO_GR4 JtT FRAUD AND FA;LSES_R FRADULENT_STATEMENTS.AND_RELATED ACTS 3. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,"49 C.F.R.Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract,the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make,or causes to be made, pertaining to the underlying contract or the TXDOT assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made,a false, fictitious, or fraudulent claim,statement, submission, or certification,the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 4. The Contractor also acknowledges that if it makes,or causes to be made,a false, fictitious,or fraudulent claim, statement, submission,or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by TXDOT under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(l)on the Contractor,to the extent the Federal Government deems appropriate. 5 The Contractor agrees to include the above two clauses in each subcontract financed in whole or in,part with Federal assistance provided by TXDOT. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3.ACCESS TO RECORDS The following access to records requirements applies to this.Contract: • Where the Purchaser is not a State but a local government and is the TXDOT Recipient or a subgrantee of the TXDOT Recipient in accordance with 49 C.F.R. 18.36(i),the Contractor agrees to provide the Purchaser,the TXDOT Administrator,the Comptroller General of the United States or any of their authorized representatives access to any books,documents,papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts and transcriptions. Contractor also agrees,pursuant to 49 C.F.R.633.17 to provide the TXDOT Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project,defined at 49 U.S.C.5302(a)1,which is receiving federal financial assistance through the programs described at 49 U.S.C.5307,5309 or 5311. 4. FEDERAL CHANGES Federal Changes-Contractor shall at all times comply with all applicable TXDOT regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and TXDOT, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS 1. Nondiscrimination-In accordance with Title VI of the Civil Rights Act,as amended,42 U.S.C. §2000d,section 303 of the Age Discrimination Act of 1975,as amended,42 U.S.C.§6102,section 202 of the Americans with Disabilities Act of 1990,42 U.S.C. § 12132,and Federal transit law at 49 U.S.C.. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed,national origin, sex,age,or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements TXDOT may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 3. Race,Color,Creed,National Origin,Sex In accordance with Title VII of the Civil Rights Act,as amended,42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C: § 5332,the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project.The Contractor agrees to take affirmative action to ensure that applicants are employed}and that employees are treated during employment,without regard to their race,color,creed, national origin,sex, or age. Such action shall include, but not be limited to,the following: employment, upgrading, demotion or transfer,recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 4. Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition,the Contractor agrees to comply with any implementing requirements TXDOT may issue. 5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act,as amended, 42 U.S.C. § 12112,the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R.Part 1630,pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by TXDOT, modified only if necessary to identify the affected parties 6. DISADVANTAGED DUSINESS ENTERPRISE(DBE) 7. It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises(DBEs)as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con-tracts financed in whole or in part with Federal funds under this contract. Consequently,the DBE requirements Of 49 C.F.R Part 26 applies to this contract. 8. The Contractor shall not discriminate on the basis of race,color, national origin,or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise(DBE)program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract,which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 7. TERMINATION TERMINATION FOR CAUSE:.If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract,or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen(15) days before the effective date of such termination. Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE:The City may terminate this contract at any time giving at least thirty(30) days' notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,the Contractor will be paid for the service that it has performed up to the termination date.If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. 8. DEBARMENT&SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905,are excluded or disqualified as defined at 49 CFR 29.940 and29945. The contractor is required to comply with 49 CFR 29,Subpart"C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal,the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name). If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name),the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9. , KY AIVMERICA EnU,IREMENTS, The contractor agrees to comply with 49 U.S.C. 5323G) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in CITY-funded projects are produced in the United States,unless a waiver has been granted by CITY or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(C)and 49 C.F.R.661.11.Rolling stock must be assembled in the United States and have a 60 percent domestic content. 10.RESOLUTION OF DISPUTES.BREACHES ANDOTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. 11. RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law I01-121, as implemented by the Department of Transportation in 49 C.F.R.Part 20,and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier,such disclosure form shall be furnished to the Authority. 12. CLEAN AIR a) The Contractor agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C.§§7401 et seq.The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in tuna,report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 13. CLEAN WATER ACT (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will,in turn,report each violation as required to assure notification to CITY and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontractexceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 14. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels-The contractor agrees:a.to use privately owned United States- Flag commercial vessels to ship at least 50 percent of the gross tonnage(computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material,or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board"commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,Office of Market Development, Maritime Administration, Washington, DC 20590 and to the CITY recipient(through the contractor in the case of a subcontractor's bill- of lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel 15. FLY AMERICA REOUIREMENTS Fly America Requirements - The Contractor agrees to comply, with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10,which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S.Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification o`r memorandum adequately explaining why service by a U.S.flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements.The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 16. DAVIS BACON Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex,age or national origin. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141,et seq. and 18 USC 874.The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over$2,000. 40 USC 3142(a), 29 CFR 5.S(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause(see 29 CFR 3.10 enumerated at 29 CFR 5.S(a)and reproduced below. The clause language is drawn directly from 29 CFR 5.S(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts'requirements are satisfied. (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week,,and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less, than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph (!)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans,funds,or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill,except as provided in 29 CFR Part 5.5(a)(4).Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein:Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classifications and wage rates conformed under paragraph(1.)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall always be posted by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (I) Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area bythe construction industry;and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination;and (4)With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division,Employment Standards Administration,U.S. Department of Labor, Washington,DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs(a)(1)(ii)(B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided,That the Secretary of Labor has found,upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor mayrequire the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance withthe wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have beenmet: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative,will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs(a)(1)(v)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2)Withholding-City Utilities shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, City Utilities may, after written notice.to the contractor,sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B)of the Davis- Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City Utilities for transmission to the Federal Transit Administration as requested.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-00014-1),U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CPR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations,29 CPR part3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may,after written notice to the contractor,sponsor,applicant,or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CPR 5.12. (5)Apprentices and trainees-(i)Apprentices -Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.Department of Labor,Employment and Training Administration,Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination.In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees-Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.Department of Labor,Employment and Training Administration.Theratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.(iii)Equal employment opportunity -The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6) Subcontracts The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR5.5. (7)Contract termination: debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general dispute's clause of this contract.Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and the contracting agency, the U.S. Department of Labor,or the employees or their representatives. (10)Certification of eligibility- (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 7. 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). 8. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME COMPEN SA1`lON 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation;liability for unpaid wages;liquidated damages-In the event of any violation of the clause set forth in paragraph(I)of this section the contractor and any subcontractor responsible therefore shall he liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall he computed with respect to each individual laborer or mechanic,including watchmen and guards, employed in violation of the clause set forth in paragraph(1)of this section,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(1)of this section. 3. Withholding for unpaid wages and liquidated damages-The(write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to he withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may he determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2)of this section. 4. Subcontracts-The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall he responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this section. is.BONDING BID SECURITY: Bids shall he accompanied by a hid guarantee of not less than five percent (5%) of the amount of the total hid which shall he a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a hid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted,the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract,furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made;when the Contract is executed,the checks of the two remaining unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. J EREQRMANCE,AND PAYMENT BOND REOUIREMENTS;Per Government Code Chapter 2253.Bonds.If the contract exceeds fifty thousand dollars($50,000) a payment bond is required. If the contract exceeds one hundred thousand dollars($100,000) a performance bond is required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount of one hundred percent(100%) of the contract price with corporate surety duly authorized to do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date copy of their Power of Attorney. 19.,SEISMIC SAFETY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 20.PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for CITY,and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third-party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under anycontract: (a)The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved,and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by CITY. 21.PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS • Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third-party contractors. • Buy America certification is mandated under CITY regulation, "Pre- Award and Post-Delivery Audits of Rolling Stock Purchases,"49 C.F.R. 663.13. • Specific language for the Buy America certification is mandated by CITY regulation, "Buy America Requirements--Surface Transportation Assistance Act of I982, as amended," 49 C.F.R. 661.12, but has been modified to include CITY's Buy America requirements codified at 49 U.S.C.A53230). Pre-Award and Post-Delivery Audit Requirements-The Contractor agrees to comply with 49 U.S.C.§5323(1)and CITY's implementing regulation at 49 C.F.R.Part 663 and to submit the following certifications: I. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America,it shall submit documentation which lists I) component and subcomponent parts of therolling stock to be purchased identified by manufacturer of the parts,their country of origin and costs;and 2)the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH CITY REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT 22. ENERGY POLICY AND CONSERVATION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C. Section 6321 et seq.). 23. BID PROTESTS. (I) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager.The written protest should include, at a minimum: • Both the name and address of the protestor,as well as the vendor they represent, if different. •The name of the bid being protested. •A statement of the grounds for protest and any supporting documentation.A protest may be submitted to the Purchasing Manager no later than five (5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee,in consultation with the department and the City Attorney,within fifteen(15) days of receipt of the protest. Within the fifteen(15) day time period, the City will: •Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known,or if there has been an error of law or regulation. • Render a decision supporting or canceling the award,such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by theCity Council. 24. RECYCLED PRODUCTS. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act(RCRA), as amended(42 U.S.C. 6962), including but not limited to the 40 CFR Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 CFR247. ;