Ordinance No. 15,204 ORDINANCE NO. 15,204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING THE SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH ARDURRA GROUP, INC., FOR THE EAST DISTRICT
WASTEWATER TREATMENT PLANT PROJECT; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
FIFTY-ONE THOUSAND TWENTY AND NO 100 DOLLARS ($151,020.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
*************************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas,hereby authorizes and directs
the City Manager to execute the Second Amendment to the Consulting Services Agreement with
Ardurra Group,Inc.,for the East District Wastewater Treatment Plant Contract. A copy of said amendment
is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Ardurra Group,
Inc., in an amount not to exceed ONE HUNDRED FIFTY-ONE THOUSAND TWENTY AND NO'100
DOLLARS ($151,020.00) for professional services in accordance with the amendment authorized in
Section 1 hereinabove.
Section 3: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 22°d day of September,2022.
0& .....d. DON CAPETILLO,Mayor
o e
a °
oo�
ANGELA AC N,Cit 'FICA
is o
APPROVED AS TO F M: _
SCOTT LEMON ,City Attorney
R:Karen Anderson ORDINANCES\2022\2022.09.22\2ndAmendmentArdurraGroupEDWTP.docx
EXHIBIT "A"
Consulting Services Contract Amendment
East District Wastewater Treatment Plant Project Phase 1
Date of Issuance: August 1,2022 Amendment No: 02
B E �, Consultant: Ardurra Group. Inc. Project No: WW2002
BAYTOWNPo#: 2101531
Explanation:
This Amendment encompasses the following: The scope of work was revised to keep the project within the
grand funded amount. The lift station was removed from Phase 1 and added to Phase 2. Return Activated
Sludge (RAS) and Waste Activated Sludge (WAS) pump replacement was added to Phase 1. The consultant
was required to do additional work to help the city make changes to the grant. Any funds not expended in the
original effort are moved to the new scope work items.
Description of Work Cost Time
1. Additional Design Services for RAS and WAS $ 151,020.00 0 Days
Pumps replacement
Total $ 151,020.00 0 Days
Scope/Schedule: The additional scope of work defined in the proposal by Ardurra Group dated July 28, 2022,
is included and attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Cost& Time Change Summary: LW Time
Original Contract: $ 788,398.51 1183 Days
Previous Amendment(s): $ 5,318.00 N/A Days
Net increase (decrease) from this Amendment: $ 151,020.00 0 Days
Revised Contract: $ 944,736.51 1183 Days
Design 1 of 2 D6.Revised 04 20
Consultant agrees to perform change(s) included in this Contract Amendment for the price and time indicated.
The piices for changes included all costs associated with this Contract Amendment.
No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work
included in the Amendment until this Amendment is executed.
Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment, the
terms and phrases as used herein shall have the same meanings as nn the Agreement. The provisions of this
Amendment and the Agreement and all previous amendments, if any, shall be read together and construed as one
agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment
and the provisions of the Agreement and any previous amendment, the provisions of this Amendment shall
control. This Amendment has been jointly negotiated by the parties hereunder and shall not be construed against
a party hereunder because that party may have assumed primary responsibility for the drafting of this Amendment.
By this Amendment, the City does not consent to litigation or suit, and the City hereby expressly revokes any
consent to litigation that it may have granted by the terns of this Amendment.the Agreement or any other contract
or agreement or addenda, any charter, on applicable state law. Nothing contained in this Amendment or in the
Agreement shall be construed in any way to limit or to waive the C'ity's sovereign immunity.
The persons executing thn,,Agreement hereby represent that each party has the fiill power and authority to enter
into and perform puusuuant to this Amendment, and that each has been properly authorized and empowered to
enter into this Annendnnent.
Upon execution by all parties, the following changes identified for the Contract Value and/or Contract
Time shown, are made part of the Contract.
APPROVED: ' 9-9-2022 APPROVED:
By. Date: 9/9/2022 By: Date:
Consultant RICHARD L.DAVIS,City Manager
Yue Sun
Pruned Nana APPROVED AS TO CONTENT:
Project Director By: Date:09/09/2022
Title FRANK O.SIMQNEAUX JR,P.E. PWE Director
APPROVED AS TO FUNDING:
By: Date:
VICTOR BROWNLEES,Finance Director
Enriqu illa
Project anager
Design 2 of 2 D6.Revised 04:20
EXHIBIT A
ED WWTP Phase 1
Clarifiers 2 and 3 RAS/WAS Pumps Replacement
SCOPE OF SERVICES
BACKGROUND
Due to escalated construction costs and city project budget constraints, project scope modifications
were made to the ED WWTP Phase 1 Improvements.The Influent Lift Station and associated SCADA
improvements were moved to the Phase 2 project.The Clarifiers 2 and 3 return activated sludge(RAS)
and waste activated sludge(WAS) pumps replacement were moved to the Phase 1 project.
The general scope related to the Clarifiers 2 and 3 RAS/WAS replacement include the following
components.
PART 1-BASIC SERVICES
A1.01 General Project Management and Coordination
A1.02 Preliminary Design Phase
A1.03 Final Design Phase
A1.04 Bidding Phase—No change to original contract
A1.05 Construction Phase—No change to original contract
PART 2—SPECIALIZED SERVICES
A2.01 Site Topographic Survey—No change to original contract
A2.02 Geotechnical Investigation—No change to original contract
A2.03 Detention and Drainage Study—No change to original contract
A2.04 ACI-ADA Review—No change to original contract
A2.05 Asbestos and Lead Survey—No change to original contract
PART 1-BASIC SERVICES
A1.01 General Project Management and Coordination
1. Conduct two additional progress meetings during the project phase with City staff to review
work progress, project schedule, and other issues.These meetings will be approximately 1-hour
in duration.
2. Coordinate with project team to complete project tasks and meet project objectives.
3. Perform quality assurance/quality control (QA/QC) review related to the RAS/WAS pump
replacement.To accelerate the project schedule,two deliverables are proposed including 90%
submittal and final bid ready set.
4. Engineer will review,consolidate and prepare written response to City's review committee.
5. Additional coordination with grant administrator and provide supporting documents.
6. Perform additional project management and coordination duties throughout the project,
maintain and update project schedule,tracking budget, and prepare invoicing and progress
A-1
reports.
A1.02 Design Phase
1. Conduct additional plant data research, record drawing review,and site visits.
2. Design Basis Development: Review and analyze the data received and develop a basis of
design for pump replacement. Perform process evaluation to determine pump design
flow, conduct hydraulic evaluation to determine design pressure, and address
associated electrical, instrumentation and control modifications.
3. Perform constructability reviews to identify construction concerns,site constraints, and
associated costs related to the pump replacement. Identify overall construction activities in
sequence,and address maintenance of plant operations to minimize impacts during
construction.
4. Prepare plans for proposed improvement work. Clarifiers 2 and 3 RAS/WAS Pumps replacement
Plans will be included in 90%, and Final Bid-Ready Documents.
S. Prepare specifications using a combination of City and Ardurra's standard specifications
modified as necessary to accommodate local conditions.Specification format will be Ardurra
standard format.
6. Develop a quantity take-off and prepare an opinion of probable construction cost(OPCC)for the
additional scope and include it with each submittal.
A-2
Exhibit B
Level of Effort
vra E..kf era P.va .e.kl r.w ara...swiaa Gsu Sw.pwq r.H wlw.,.
arOrw Meml Iraew N,ql Fknika101Ct /urrc nl ]
m Slrw ~rIH I I s I S NNI I
rm srNr .r
O GtN(M1a1101En—MAI
hole3,ompn.M,etq..4nne„Metrf.altawin l+
] amnien,lt 1. m ! LNOW i fLtmm s m f aamW
} ,m COaO,umn,ne Nen f m f m f LrWW fLW.m S m f LrslW
! P.f/1C aM rerNMaikNkw rav�6snal lleM f l.fWm Cxmw f T.amW S.W.m Llitm
oiv le.rw lSox am my ua rcaerl ape w lllmnn cemmmn
on Commmte W ar16m S r.lmw $S.mpm s .ltm S
S cowem,ie won W.m aem+u,Natw t3ewenaton men. m 3 .,..Is >Nm f LSmW SI.Smm 3 m s L,mm
o}M keMOk, entrap
6 aOnMvaton iral memo ul 10 3 t mW I.fmm S f I}mm
E0.LL I(n MiNOG
f10N pHIS[.��
_ MfData Mea,k kva0r Mtew.l5rte5+..t. Ep S m f l}am St.}ma0 f m 3 1.1%w
1 3 f f mom ,Ww
Par or}Os ff f W 3 tlo3nW mm 3 f I"1w
(]aeer3 N m f mm f 3 f.)IOm
1 [en.ivnaei grew ape[en+tm.ic. M f W 5 m 3 mom N.,OOw S
0 Rana f f Nm S R S
hap+,akNwiralalwidf s S f
f NW
neral ape aObM.trn,0 0 f NW
ne.rl wuaewnwnal s s s
Me. f m f fem S f 110W
4� =
eworrpiqna[wuuSto inaR.fN/hrSeOea ip,fk ann aispVae SYetamaqto.ra.plel0 o}e tOaearan efilen,kn,knkr5
} (
p DM1— os f 11 IIfafs Sffs l].fNlfSWmW fsfs tI)..baNafSsmmm mmNNmmmW fSsSs ffsS
KIL)..NfN—NSs.m7OT
rae
N mm
Nm f 3 }.])S.W
E.ntnt MS/Wt5 Lump Staten Me}DmWmn rlaR Senor,
o-x ,M aa�Oin os W s +1tTW Nm s s t.]Sfm
IM-I of hm Hamn Nol e.erneni qan ape SenorolIf l!f f T.I.Tm
M-} of t•um kata.Ne}" Of I! s f 4ltsm f lif3m Nm f f lliSW
M) 11i5/WNNma Haikn W)I owmeni WnaM Sena It IIf 3 S.I,Sm L SNSm mm
1aNpum katonW ll ofinent bta+, oS KS 3 m 3 /IM1.W mm f f slum
IMS M Onah )t f l.ftTW s mW s 1 lAlTm
[IaaHYY wnnn.anlallerirankW NaN f S
mt oeiemma ea rem.Ne r.npral spmrlcnan3
oen,kn ror kooe aar�e,a+w.3,Sw fo]t,w ESMI ae
f rcgl N f f mm S 9.Irom f f),Imm S m f I)]Nm
at E.Omne VeOne 8 eewwfa knee aef+icn 190t!6 inY
t f f.NOW SJmm 3 T.Imm iS ImW s
Lm.DEHGN h1iS(rc R f Sfsmm Hssm.m S lNfm t 1133N
Exhibit B
Level of Effort
Gupta-Responsible for Electrical,Instrumentation and Control
WIESUmat Man
Sr,Epneer Sr Fnpneer Sr Dedtner Admin/Auoun To1a1 Subtoul labor
PA.'- PMUpa1 Sr.PM (flecuKall I%cl CAD ant Noun cost Doc, Tasl1
S 225.M S 1wor, S 195.00 S 19 BI. ftrs I I ISI
TaY SubuY TaY 0eu+noln
A1.01.GENERAL PROJECT MANAGEMENT AND 0O0R01NAT1ON
Project Progress Meetmgs,Agenda and Meeting Mmutes Sup to 21 1 ■ 2 1 10 S 2.000.00 $ 2.000 00
2 Internal Project Team Coordination and Meetings S I.A00.00 S 1.A0000
OA/OC and TCch,,Kal Rmew(90%a Final Brd-Ready)
3 l R t a 31 S S.. DO $ S.A000p
City Revues(90%)and!Submittal Comments Incorporabpn,Comments
a pes met Pre graben t a a 32 S SAW to f S.4Do
Project Schedule, InvoKrtlg,P.ogr<ts Report 6 ContraO
6 Adminls nal on Final pest nti a _ i 12 $ SSW.Ito f 1 00
AI.0I.GENERAL PROJECT MANAGEMENT ANDCOORD 2l 32 24 0 I
A1.03.DESIGN►NASE
1 Plant Data Research,Record Draw Aeview,R Srteyt.% a A a a 66 S 2.70000 f 2,)0000
2 EI t1kal Det 34 u la 2 12 A $ 9.A00.00 S 9.1U0ro
3 Conslructab,hry Reviles and Con—coon Se0uence Plan a a a 12 S 2.Ao0.DO S 2,A0000
A 1PLI.,
E-11 IRMIWAS pump suuon 2 A3 eNarae plan 1 2 1 S T S Limes S 1,100.00
E-Ii RAS/WAS Wmpsut�-2ele<VKal demaiu-aan 1 2 1 ] ) S Itm ao t 1110000
E-13 RAS/WAS -2 r1 2 1 ] 1 $ IIOO.Do S 1.10000
E IA RAS/WAS Wmpsuti-lone line d� a 1 2 1 ] ) $ I,I0000 $ I.10000
E15 RAS/WAS Wmpstat-2 Al MCCllw— 1 2 1 ] ) $ 110000 $ I.100.00
E-I6 RA""AI pump s.U-l elecpkal demo(:.- 2 1 l ) S I.10DOO f 1.1ww
E-11 R42/WAS Wmp tat:-StrourWi pun 1 2 1 ] ) $ I.I000O $ 1.1000)
E-19 RAS/WAS mPsur-lone-Ene datum 1 2 1 ] ) $ 1.100.00 $ I.I00.00
E31 Sundard elMrKM deuallt 1 2 1 ] ) $ I.100.00 S 1.10000
1��1 RAS/WAS Wmp stare-3al and tlanfer rommuNution diWam 1 2 2 ] t $ 1,30. S I,300.00
1-2 -MLWASpum suUwgal Instnunenlation site plan and<lewtwn 1 2 2 0 B S 1.300.00 S 1,300.w
la RAWWAS Wmp sup-2 PAID dugrsm 1 2 2 3 t t 1.300.DO S 1A00 CO
RA5/WASWmptta4-1PBlDdi"2 1 2 2 ] B S 1,300.00 $ 1.30000
S AAS/WAS Wmp suh-2 PLC-WI panel l/O terminauondi r 1 2 2 ] t $ 1300.00 S 1.30000
6 RAS/WAS pump sup-3 PLCAOD2 panel NOterminau-du[am 1 1 2 ] ) S 1.10000 $ 1.10000
aA5/V2ASpump station 2 o-wo, Nelwauon 1 1 2 ] ) S 1.10000 S 1.10000
•B_RAS1WAS pump stab-2 cpntra paneldwicelryo.1 1 1 2 1 ] 1 ) S I.IO0.00 I S 1.10000
1.9 RASlWAS mp—i-2 wd—ix,r 1 f 2 ] ) $ 1.100.00 S 1,lW.W
410 RAS/WAS Wmp sub-2 mntra uhemlhcl 1 1 2 3 ) S 1.100.00 $ L30000
— RAS/WAS pump sut-2 c-Ira uhlmi 111 1 1 2 ] ) S 1.100.00 $ I.I00.00
1.12 RAS/WAS Wmp suti-2re-Al uhematic 111 1 1 2 ] ) S I.I00.00 $ Ltwoo
Fla RAS/WAS Wmp sul.on 2 c-trauu—tic IV 1 1 2 ) ) S LIO0Oo S 1.10000
1-It RA$/WAS JItIm sulan3 mnlrapnN elwau- 1 I 3 0 ) $ 1.10000 $ 1.10000
t15 RAS/WAS Wmpsuti-3c-Ira Wnel d—o.IAwt 1 1 2 0 ) S 1.100.00 S Hww
116 RAS/WAS wmpsul-3 inud—di ram 1 1 2 ] ) S 1,10000 $ 1,1w00
1-I) RAS/WAS 3—of uhemalkl 1 1 2 ] ) S 1.100.ED S 1,10000
1.19 RAS/WAS Wmp jut-3c-Ira uhemahc ll 1 1 2 ] I S 1.100.01 S 1,100.00
I.19 RAS/WAS rymPsuc-3c-tra sNematic 111 f 1 2 ] ) $ IIODOD S I,IVD.00
1.20 RAS/WAS Wmpst-2-23 contra uhematic lV 1 2 2 3 t S I30D.DD S 1,30000
Rate 2N 3
Exhibit B
Level of Effort
Gupta-Responsible for Electrical,Instrumentation and Control
stlmatW lvun-—
$r F Enetr Sr Enp— Sr Drug.• adm n/acc . rasl sublotaltabor
pouf Plawpal Sr PM (E".kal I ('&C I Co. by Coss OOC, Tbt&f
llg225M 19500 195.00 5 195M 5 9000 S N00 nWsl I 1)
n T.
Conlratt 00(u--.Bid Form and TecWcal Sp-bcalions pull specs
S for60%.90%,arrd FinalBM ready) 4 a a a 20 5 3.100.00 5 3,100.00
6 Cost Esl—u,U aft&Review 90%.&Final bid-re & a 2a 5 5.100.00 5 5.10000
&1.09------ &9 >s 83 tl 2& NI T9,aW.00 Ss,6W.0o
eaan ru13
Exhibit C
Schedule-7.8.22
m nrn.m or,.fan sf.f rnnr, wn,.m„ w.Im,. wdl.m,1
O o n o o � Af AE �.o-fix
u,f oxNNf wtmrrx«1 NEf an IDv W Io/minsn3/t1 - — ---
1 {7 xax.mvr««d lary mrlulaxo lNl lx/lato I+ns
♦—noj-Nan«Nne INld Nldar,Tw xx/If/mid9/IVxt
cmdoNlfen
({ laaWl MeetvN/f.N wx Idry iw It/1t/l9 Tw i!/Is/m ILIf
,� Oo,fuMry lrnpammryM«tw Id. I.l/12/2I Twl/I+/E, ♦NII
s Q! SUp.lanrrtn,wn M«tw Id. -AIM MI/19/EI •1II,
fFR rn swn 91na
} NopeWC9ordnlwn N«tiry No Idry W«SRn, Wedww, 1fR
,n9Y 9e..rn 1Aeeury
± nop«JCe,.an,wn M«Iwxa.slaty rw uwtl T.InIII •Na
neNewcevren.wn N«Iwxa 1 -null.rn e/xxnl •;/m
10 L V�Nw<ra.M«fw
hop«JCawdwwnM«Dna No Idry rn9/16/}E rn9/IWn =f/la
S/9Da d«mn M«Dry
I uos n.9na.woefl3n 1100ry, _1111f/RMSnM
Serve..draww,lpm data Il dan \vro IWIV21-1}/}1a
f HII Er,4aean Camvun,blry 9l d,n Wro Vled)/t1n1� '
INrea.6 m%De,gn II/II/m i �_
Oer<NO TeN Memo m«n Non 1/IS/II Tw 1/Nnl i i--
lw l/t M` ib
a rmYlM Nlmn )oaf, Wro lltal}I Tw Am 1 � I ;
+ ,gWRIIYDnIsnlfu« 5lfdar,WN1/LnlTNrl9n)nt
1�Y EOItlsm.x,llk«,.Nn,.UHn Pod+n wed.nV}I Tw an/!t i i
9roYnf kow NnDOdN,xon, ,mmr, Iw a/E4E1 kt VSC/u
9«vnc ngell on aatl
'_� 90ft 5uEmdNllk«,,Y>m.6 dcf;1llan, Sin S/tn} Tw auv}t � �!^
[nv 9ew. w.d a/f J}t kn 91t l/!t
,f�] tC10 ne C«.:ufan xaleatan if den .tro and/}!Y/M an,/„
„tt. 1091I frd kt k9reYW Ndan Wed 9/IVt}Rx lw, t•,��
s •I.03 Md In , Sld,n ldl944/11 Id lt/11/I1
i Aem man rmmnVII kt InVII
ll MOpen6 fraWtan )dry, Ln lv}I/}t to It/s/}t 1
11 unemmendYlen vllexa man sin 1,/1n, rn lu,)nt i
•f.acomvwunn HUN sof dry, —will rdsnl/u
I--kM1«ovlry sw un N nn, rn Snl/I, �
ca„fmnan
SJ,taw,lfanpetinn 1I9dry, Mm lnnl WHS/1/t1
Il rwl caw.— man iDu S/2/21 rn Sn1/I1
1 f9WYUM krvkn i11 dry,Inl/lt/}I Twf/})n} '�
Lg xol Ste TOOogprW Sarver man rnl/Etnl kf vio/il
JS tOEG«teWwL9nrf.cNon t9a4 rn llEt/!1 MI/1}/ll n>_
I.ol Dnentan,M pnru{e Swdf mmn Sat!/a}I Sun 3n/}t t�
}plact.\p.9evex moan Manan9/})I.'all"
zos.,9e.m„nda,d sn«r 11 a.n rn uv/!1 T�n,lnlnl 1.e.
l O60Var fpee'al)ro kmr« d,, -N,Snl Tnv snstll r
eqw rx DeVa,wwleNwe Ian Y�erarr ��f [.N ,.e a Ivt«wr,n I t m«nfaaw rmn aN 1 MauY apm
=mmn.,r
EXHIBIT D
Requirements of Community Development Block Grant Funding
Consultant shall keep and maintain under Generally Accepted Accounting Principles or Government
Accounting Standards Board standards,as applicable,full,true,and complete records necessary for fully
disclosing to the Texas General Land Office("GLO"),the Texas State Auditor's Office,the United States
Government, and/or their authorized representatives sufficient information to determine Consultant's
compliance with this Contract and all applicable laws,statutes, rules,and regulations.
]. Inspection and Audit
(a) All records related to this Agreement, including records of Consultant and its
subcontractors,shall be subject to GLO Administrative and Audit Regulations. Accordingly,
such records and work product shall be subject, at any time,to inspection,examination,
audit, and coping at Consultant's primary location or any location where such records and
work products may be found,with or without notice from the City,GLO,or other
government entity with necessary legal authority. Consultant shall cooperate fully with any
federal or state entity in the conduct of inspection,examination,audit,and copying,
including providing all information request. Consultant will ensure that this clause
concerning federal and state entities'authority to inspect,examine, audit, and copy records
and work product, and the requirement to fully cooperate with the federal and state
entities,is included in any subcontract it awards.
(b) Consultant understand and agrees that this Agreement is a subcontract under a GLO grant
award to the City and that the State Auditor may conduct an audit or investigation of any
entity receiving funds from the State directly under a grant award,or indirectly through a
subcontract under the grant award. Acceptance of funds directly under the grant award or
indirectly through a subcontract under the grant award acts as acceptance of the authority
of the State Auditor, under the direction of the legislative audit committee,to conduct an
audit or investigation in connection with those funds. Under the direction of the legislative
audit committee,any entity that is the subject of an audit or investigation by the State
Auditor must provide the State Auditor with access to any information the State Auditor
considers relevant to the investigation or audit. The Office of the Comptroller General of
the United States,the Government Accountability Office,the Office of Inspector General,or
any authorized representative of the United States Government shall also have this right to
inspection.Consultant shall ensure that this clause concerning the authority to audit funds
received indirectly by sub-subcontractors through Consultant and the requirement to
cooperate is included in any sub-subcontract it awards.
(c) Consultant will be deemed to have read and know of all applicable federal, state,and local
laws, regulation,and rules pertaining to the Work.
1
(d) At any time,the GLO may perform,or instruct a third party to perform,an annual Program-
specific,fiscal,special,or targeted audit of any aspect of Consultant's operation. Consultant
shall maintain financial and other records prescribed by the GLO or by applicable federal or
state laws, rules,and regulation.
2. Period of Retention
All records relevant to this Contract shall be retained for a period of three (3)years subsequent to the
final closeout of the overall State of Texas Community Development Block Grant Mitigation program, in
accordance with federal regulation. The GLO will notify all Program participants of the date upon which
local records may be destroyed.
3. Procurement
Consultant must comply with the procurement procedures stated at 2 C.F.R. §§200.318 through
200.327 and all other applicable federal,state,and local procurement procedures and laws, regulations,
and rules. Failure to comply with 2 C.F.R. §§200.318 through 200.327 and all other applicable federal,
state,and local procurement procedures and laws, regulations, and rules could result in recapture of
funds. Consultant must confirm that its vendors and subcontractors are not debarred from receiving
state or federal funds at each of the following web addresses:
a. the Texas Comptroller's Vendor Performance Program at
https://comptroller.texas.gov/purchasing/; and
b. the U.S. General Services Administration's System for Award Management at
https://www.sam.gov/.
4. Conflict of Interest
a. Consultant shall abide by the provisions of this section and include the provisions in all
subcontracts. Consultant shall comply with all conflict-of-interest laws and regulations
applicable to the Program.
b. Consultant shall maintain written standards of conduct covering conflicts of interest and
governing the actions of its employees engaged in the selection, award,and
administration of contracts.
5. Equal Opportunity Clause
During the performance of this contract,the contractor agrees as follows:
a. Consultant will not discriminate against any employee or applicant for employment
because of race,color, religion, sex,sexual orientation,gender identity,or national
2
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.
b. Consultant 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.
c. Consultant 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 conducted by the employer,or is consistent with the
contractor's legal duty to furnish information.
d. Consultant 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.
e. Consultant 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.
f. Consultant 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
3
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.
g. In the event of Consultant's noncompliance with the nondiscrimination clauses of this
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.
h. Consultant will include the provisions of the Paragraph 23 in every sub-subcontract or
purchase order unless exempted by rules, regulations,or orders of the United States
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
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
a 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.
4