Ordinance No. 13,234ORDINANCE NO. 13,234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO AN INTERLOCAL AGREEMENT FOR THE SIDEWALK IMPROVEMENTS PROJECT
WITH HARRIS COUNTY; AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED EIGHTY THOUSAND FIVE HUNDRED AND NO /100 DOLLARS
($180,500.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 the City Manager to
execute and the City Clerk to attest to an interlocal agreement with Harris County for the Sidewalk Improvements
Project. A copy of said agreement is attached as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown, Texas, authorizes payment to Harris County in
an amount not to exceed ONE HUNDRED EIGHTY THOUSAND FIVE HUNDRED AND NO /100
DOLLARS ($180,500.00), pursuant to the agreement identified in Section 1 hereof.
Section 3: This ordinance shall take effect immediately from an d its passage by the City Council of
the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of ity Council of the City of Baytown this
the 28'" day of July, 2016.
STEPHEN H. DONCARLOS, Mayor
AT T:
E CIA BRYSCH, City Clerk
C� gpYTN*
APPROVED AS TO FORM:
v
ACIO RAMIREZ, SR., Ci ttorney NA'9T
F OF
R:'.Karen\Files'.City Councif,Ordinances\2016Vuly 28\H arrisCountySidewalklmprovementsProject .doc
Exhibit "A"
INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND THE CITY OF
BAYTOWN FOR THE SIDEWALK IMPROVEMENTS PROJECT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement, entered into pursuant to the Interlocal Cooperation Act, Chapter 791
of the Texas Government Code, is made and entered into by and between Harris County (the
"County "), a body corporate and politic under the laws of the State of Texas, acting by and
through its governing body and the Harris County Community Services Department (the
"Department "), and City of Baytown ( "Baytown "), a body politic and corporate under the laws
of Texas. The County and Baytown are referred to herein collectively as the "Parties" and
individually as a "Party."
I. RECITALS
WHEREAS, the County has received funds from the United States Department of Transportation
(USDOT) administered through the Federal Transit Administration (FTA) under the Urbanized
Area Formula Program (5307); and
WHEREAS, the primary purpose of the FTA 5307 Grant Program, pursuant to 49 U.S.C. 5307,
is to make Federal resources available to urbanized areas for transit capital and operating
assistance in urbanized areas and for transportation related planning; and
WHEREAS, the County and Baytown entered into an agreement on or around July 8, 2008 for
the provision of Fixed Route Bus services within Baytown which provided that Baytown would
construct certain transit stops, but did not provide for sidewalk improvements at such stops; and
WHEREAS, the County and Baytown desire to enter into a separate agreement whereby the
County will grant FTA 5307 Grant funds to Baytown for the purpose of installing up to 17,969
linear feet of sidewalk improvements and 272 ADA ramps along Garth Road, North Main, Baker
Road, Meridian Street, Hartman Drive, and Beaumont Street within the City of Baytown,
collectively known as the "Project ", which is an eligible activity under the rules and regulations
regarding the FTA 5307 Grant Program; and
WHEREAS, the County wishes to engage Baytown to assist the County in utilizing the FTA
5307 Grant funds; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, it is agreed between the parties hereto that:
L SCOPE OF SERVICES
A. Eligible Activities
Baytown shall provide the activities described in Exhibit A and shown in Exhibit G,
attached hereto and incorporated herein for all purposes, in accordance with the
provisions of this Agreement and in compliance with the requirements of 49 U.S.C. 5307
and all regulations issued there under.
B. Proiect Requirements
Baytown shall be responsible for administering the FTA 5307 Grant Project in a manner
satisfactory to the County and consistent with any standards required as a condition of
providing these funds. This Agreement may provide only partial funding for this Project.
Baytown certifies and agrees that the activities carried out with funds provided under this
Agreement shall meet the requirements of the FTA 5307 Grant Program. Baytown agrees
to maintain documentation that demonstrates that the activities carried out with funds
provided under this Agreement meet the requirements of the FTA 5307 Grant Program
for each activity in each reporting period.
Baytown shall ensure that personnel providing services under this Agreement have all
licenses required by law and/or are qualified to perform the services required under this
Agreement. Baytown shall further ensure that all Program and/or facility licenses
necessary to provide the required services are current and that the County shall
immediately be notified if any such required licenses become invalid or are canceled
during the term of this Agreement. At the County's request personnel whose licenses
have become invalid or are canceled during the term of the Agreement, will be removed
from performing Services under this Agreement.
C. Performance Monitoring
Baytown shall be cooperative with program and financial monitoring visits and/or
investigations performed by County staff, the Harris County Auditor, FTA, and/or the
United States Office of Inspector General (OIG). Substandard performance as determined
by the County and/or FTA will constitute non - compliance and breach of this Agreement.
County will notify Baytown in writing of any deficiencies. County's notice will specify
the amount of time Baytown has to correct the deficiencies. Baytown's failure to correct
substandard performance after being notified by the County will result in further
corrective action by the County including, but not limited to, termination of this
Agreement, pursuant to the United States Office of Management and Budget (OMB)
Super Circular 2 CFR Part 200. Furthermore, Baytown agrees to be cooperative with
monitoring and/or investigations performed by FTA and to comply with their findings.
D. General Administration
Drawings, Plans, Bid Specifications & Construction Documents
Within two hundred -forty (240) days after the date of the Agreement is executed,
Baytown shall prepare and submit all final drawings, plans, cost estimates and
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specifications for the Project. Baytown shall be responsible for incorporating into
the bid specifications any and all FTA and any and all County requirements,
including the "Harris County Community Services Department Construction
Policies and Guidelines," attached as Exhibit C.
Baytown shall ensure that the specifications require the Contractor /Subcontractors
to furnish adequate Public Liability Insurance and Worker's Compensation
Insurance pursuant to the laws of the State of Texas, and Payment Bond and
Performance Bond pursuant to the applicable sections of OMB Super Circular 2
CFR Part 200.
Once approved, the complete set of drawings, plans, cost estimates and
specifications shall be incorporated into this Agreement as part of Exhibit A.
2. Temporary Project Sign and Workspace
Baytown shall ensure that the specifications include the delivery and installation
by contractor of one 4' -0" X 8' -0" temporary project sign pursuant to County
requirements. Baytown shall ensure that the cost of the sign is included in all bids.
Baytown shall ensure that the specifications require the Contractor to furnish
adequate workspace at the construction site for County inspection and monitoring
staff, if applicable.
3. Bidding and Selection of Contractor and Subcontractors
Baytown agrees and understands that all contracted and subcontracted
construction activity carried out under this Agreement shall be selected and
executed pursuant to federal procurement regulations set in OMB Super Circular
2 CFR Part 200 and to County policy and procurement guidelines.
After the County's written approval of the drawings and specifications as set out
above, Baytown shall advertise for and receive bids for the construction of the
Project in accordance with approved drawings and specifications which bidding
procedure shall be in accordance with this Agreement.
Upon receipt and tabulation of the bids for the Project, Baytown shall determine
the lowest and most responsible bidder for the construction of the Project. Within
fifteen (15) days after receipt of bids, Baytown shall forward, or cause to forward,
to the County, copies of all bids received, copy of all bid bonds, and bid
tabulation for the County's review and approval. The County reserves the right to
approve the award of the bid. In the event the lowest and most responsible bid for
the construction of the Project is an amount that would result in the total cost of
the Project being equal to or less than the sum allocated in the construction line
item of the budget, detailed in Exhibit B of this Agreement, Baytown shall notify
the County of the amount of the lowest and most responsible bid for the Project.
In the event the lowest and most responsible bid for the construction of the Project
is an amount in excess of the sum allocated in the construction line item of the
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budget, detailed in Exhibit B of this Agreement, Baytown shall have the
following four (4) options:
a. Baytown shall notify the County of the bid and request in writing additional
funds to fund the construction costs to meet the lowest and most responsible
bid received by Baytown. If the County approves the use of additional funds
to meet the lowest and most responsible bid, then Baytown, upon receipt of
such notification, shall proceed to let the contract, incorporating all required
provisions, and continue with construction of the Project; or
b. Baytown shall notify the County of the bid and agree in writing to pay the
additional cost of the Project. In the event Baytown agrees in writing to pay
the additional costs, then and in that event, Baytown shall proceed to let the
contract and continue with the construction of the Project. If Baytown fails to
agree in writing to pay said additional costs and the County fails to use
contingency funds, then and in that event, Baytown may reject all bids and
elect not to proceed with the letting of the contract and terminate the Project
without any further obligations to the County; or
c. Baytown shall notify the County of the bid and undertake to negotiate with the
County for the County to agree in writing to reduce or delete specific items in
the bid proposal so that bids will be within the amount available for
construction. In the event the County agrees in writing to reduce or delete
items in the bid proposal, Baytown shall re -bid the Project and proceed as if it
were the original bid; or
d. Baytown shall reject all bids and elect not to proceed with the letting of the
contract and terminate the Project, giving the County written notice of its
termination.
4. Construction Contract and Subcontractor Written Agreements
Within fifteen (15) days after notification by the County to Baytown that the bid
has been approved, Baytown shall provide written notice of award to the lowest
and most responsible bidder, in accordance with applicable Federal, State and
local procurement procedures and regulations. Baytown shall contract directly
with its Contractor, incorporating all requirements of this Agreement herein. The
contract between Baytown and its Contractor and all contracts between the
Contractor and its Subcontractors shall be in accordance with the guidelines of
this Agreement and with all applicable FTA regulations and applicable sections of
OMB Super Circular 2 CFR Part 200.
Baytown shall be responsible for incorporating into the construction contract any
and all FTA and County requirements, including the "Harris County Community
Services Department Construction Policies and Guidelines," attached as Exhibit
C. The construction contract must contain the required insurance and bonding; in
lieu of one or more of the bonds otherwise required pursuant to Section VI (D) of
this Agreement, Baytown may provide or cause to be provided one or more
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irrevocable letters of credit in favor of the County in a form acceptable to the
County.
Baytown shall submit to the County the form of the construction contract for
review and approval prior to executing the construction contract with its selected
Contractor. Within forty-five (45) days after the County's written approval of the
construction contract form, Baytown shall execute the construction contract with
its selected Contractor.
Baytown shall ensure that the Contractor enters into written agreements with each
Subcontractor who does work covered by this Agreement. These subcontracts
must incorporate the requirements of Exhibit C and shall be subject to review,
upon request, by the County.
5. Construction Start Date, Construction Schedule and Completion of Work
Construction Start Date - Baytown shall ensure that the construction commences
within the time pursuant to Exhibit A. Baytown shall notify or cause to notify the
selected Contractor with the Notice to Proceed, thereby locking in the
Construction Start Date, and shall forward to the County a copy of the Notice to
Proceed.
Construction Schedule - Baytown shall furnish or cause to furnish the County
with a copy of the detailed Construction Schedule within seven (7) days of the
Notice to Proceed. The schedule shall be a bar type schedule and shall be of
sufficient detail to show construction sequence, proposed start dates and estimated
completion dates for major parts of the construction work.
Completion of Work - Baytown shall ensure that, except in cases of force
majeure, the construction of the Project shall be completed on or before the
expiration of eighteen (18) months following the Construction Start Date unless
extended pursuant to Section II(D)(6).
6. Schedule of Values, Payments to Contractor and Change Orders
Schedule of Values - Baytown shall furnish or cause to furnish the County with
the Schedule of Values for the Project for review prior to the first partial payment.
Payments to Contractor - Baytown shall ensure that requests for payment are based
on the unit prices of work completed, as detailed in the Schedule of Values and
certified by Baytown's representative. Baytown, through its representative, shall
ensure that the work performed by the selected Contractor shall be subject to
retainage provisions of Section 2252.032 of the Texas Government Code, as it
may be amended from time to time.
Upon completion of the Project, and acceptance as such by Baytown and the
County, final payment shall be made to the Contractor releasing retainage. All
pay requests and release of retainage shall be verified and signed by Baytown and
the County.
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Baytown shall make sure the following appears in Baytown's contracts with its
contractors:
In accordance with Texas Government Code, Title 10 Chapter 2251 Sec.
2251.022, the Contractor shall provide payment to each Subcontractor and
Supplier within ten (10) calendar days after receiving payment from Harris
County CSD for amounts previously invoiced for work performed or materials
furnished under the Contract. Subcontract payment provisions shall require
payments to subcontractors within ten (10) calendar days after the prime
Contractor received payment from Harris County CSD. Interest on late payments
is subject to the provisions of Texas Government Code, Title 10, Chapter 2251,
Vernon's Texas Codes Annotated regarding payments to subcontractors. Under
Sec. 2251.023, subcontractors are also required to make payments to their
subcontractors no later than the 10th day after the date the subcontractor receives
payment from Contractor. Failure to pay subcontractors within 10 days and/or
failure to submit appropriate certification of subcontractor payment will be
considered in the review of the Contractor's performance of the contract and may
result in the withholding of payment to the Contractor.
Change Orders — Baytown shall ensure that the cumulative increase in the
construction contract shall not exceed twenty -five (25) percent of the original
construction contract, and the original price of the contract may not be decreased
by more than twenty -five (25) percent without the consent of the Contractor
pursuant to Section 271.060 of the Texas Local Government Code. Baytown
shall approve in writing and submit to the County for review and approval any
change orders to the original construction contract, which shall be appropriately
reflected in the Schedule of Values and subsequent pay requests. The County
reserves the right to approve any change orders. Any extension of time given
shall not release the Contractor or the surety from their Performance and Payment
Bonds or from any obligations hereunder, which shall remain in full force and
effect until the discharge of the Contractor. All change orders shall be verified
and signed by Baytown and the County.
7. Inspections
During the construction of the Project, the County or its designee, Baytown, and
FTA shall have the right to review all documents, maps, plats, records,
photographs, reports or plans affecting said construction. Baytown shall, at its
sole expense, furnish the necessary inspection personnel to assure itself of
compliance with the construction contract. Baytown understands and agrees to
inspections performed by the County's representative. The County shall have full
and final authority in all construction disputes. Baytown agrees to promptly make
any corrections or modifications to the construction work as requested by the
County to cause the construction to comply with this Agreement and any
applicable FTA requirements.
S. Compliance with Public Facilities and Infrastructure Quality Standards
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Baytown shall maintain documentation evidencing that the Project complies with
all applicable Federal, state and local public facilities and infrastructure quality
standards.
9. Compliance Violation(s) Provisions
Baytown shall ensure that the construction of the Project is conducted pursuant to
applicable Federal, state, and local regulations and comply with any and all
requirements detailed in the bid specifications, including any and all FTA
requirements and any and all County requirements detailed in this Agreement.
The County shall enforce the compliance violations provisions detailed in Exhibit
C, Section 13(D), for any and all violations for which the Contractor, through
Baytown, has received a Notice of Non - Compliance or a wage restitution
notification letter and failed to implement corrective actions within the allotted
grace period of fifteen (15) to thirty (30) calendar days from the date of the
written notice or letter.
E. Matched Funds
Baytown shall maintain and make available, for review by the County, source
documentation for any matched funds contained in Exhibit B of this Agreement. Source
documentation for matched funds may be requested at any time by the County and must
be provided in a timely manner.
III. TIME OF PERFORMANCE
Services of Baytown shall start upon Harris County Commissioners Court approval of
this Agreement and shall terminate when the Project is completed, but not later than
eighteen (18) months following the commencement of construction, as specified in
Section II (D)(5) of this Agreement unless the completion date is extended pursuant to
Section II(D)(6). This Agreement may only be extended upon written request and/or
receipt of a change order to and approval from the Executive Director of HCCSD or his
designee.
IV. EXPENSES AND PAYMENT
A. Budget
Baytown shall perform the project activities within the monetary limits contained in
Exhibit B, Budget. Baytown understands that the budget is based upon detailed
information submitted by Baytown to the County and that any changes to the summary
budget, attached at Exhibit B, will require Baytown to submit a modified detailed line
item budget to the County for review and approval.
B. Requesting a Budget Revision
Any proposed reallocation of funds among various existing budget line items constitutes
a budget revision. Baytown shall provide narrative justification for budget revision on
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letterhead and signed by the representatives, as stated in Exhibit A. A budget revision is
not approved for expenditure until Baytown receives written approval from the Executive
Director of HCCSD, or his designee. Upon approval, Baytown shall provide a revised
budget to the County. At the discretion of HCCSD management, no more than two (2)
budget revision requests shall be allowed each year, to be submitted no later than ninety
(90) days before the end of the Agreement period, as defined in Section III of this
Agreement.
New line items or an increase or decrease in funds is a budget amendment and must be
formally approved by the County. The County reserves the right to reallocate funds
among approved budget line items in order to facilitate implementation of the approved
project scope.
C. Maximum Amount to be Paid
Baytown shall be responsible for 20% of the Local Match requirement as shown in
Exhibit B. Upon satisfaction of the Local Match requirement, the County shall reimburse
Baytown after receipt of a reimbursement request. Baytown shall expend awarded funds
in a consistent and timely manner. The County reserves the right to reduce any or all of
the awarded funds due to untimely expenditure of said funds or Agreement non-
compliance.
Baytown understands and agrees that the amount shown in Exhibit B, in the section
"Maximum Amount to be Paid Under this Agreement." County shall not be liable under
any circumstances or any interpretations hereof for any costs under the Agreement until
the Grant Funds are actually received by the County and only to the extent that such
monies are actually received and certified available for this Agreement by the County
Auditor, as evidenced by the issuance of a Purchase Order for the amount. In the event
these Grant Funds are discontinued or reduced during the Agreement term, the County
shall not be liable for payment of any funds above the actual Grant Funds the County
receives. If such a discontinuation or reduction occurs and the Parties are unable to
renegotiate the Agreement upon mutually, acceptable terms, Baytown's sole and
exclusive remedy shall be to terminate this Agreement. Failure to certify funds or to
certify sufficient funding or any reason shall not be considered a breach of the
Agreement. Baytown understands and agrees that the maximum the County shall become
liable to pay shall not under any conditions, circumstances, or interpretations thereof
exceed the amount contained in the Purchase Order, the amount which is expected to be
available pursuant to the award of the Grant Fund for any purpose under this Agreement,
including but not limited to payment for the sidewalk improvements, except to the extent
additional funds are expressly made available for such purposes by the Commissioners
Court of Harris County, at its sole option, and the Harris County Auditor certifies the
availability of such funds for such expenditures. If the County does not make available
additional funds, the sole remedy for Baytown shall be termination under this Agreement.
D. Payment for Eligible Expenses
Baytown understands and agrees that the County shall reimburse Baytown for only those
costs that are eligible under applicable Federal rules, regulations, cost principles, and
other requirements relating to reimbursement with FTA grant funds. The County may
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reimburse Baytown for the total costs, plus a fraction of the overhead costs, of those
items that serve only clients from the County's service areas, provided that all
reimbursements shall be limited to the actual out -of- pocket expenses incurred by
Baytown in the performance of this Agreement, with the exception of certain advances.
No reimbursement shall be made for goods or services received by Baytown as in -kind
contributions from third parties for assistance to the Project. If indirect costs are charged,
Baytown shall develop an indirect cost allocation plan determining the appropriate
County share of administrative costs and shall submit such plan to the County for
approval.
E. Payment Procedures
The County will reimburse Baytown based upon information submitted by Baytown and
consistent with any approved budget and County policy concerning payment. Drawdowns
for the payment of eligible expenses and general administration shall be made against the
line item budget attached hereto as Exhibit B and in accordance with performance.
Reimbursement requests must include an invoice with required source documentation on
a form approved by the County and submitted on or before the tenth (I Oth) working day of
the month for costs incurred during the preceding month. Prior to payment, the County
and the Harris County Auditor must approve all invoices. Incorrect reimbursement
request may be returned to Baytown for correction and resubmission.
Payments will be adjusted in accordance with advance fund and program income
balances available in Baytown's accounts. In addition, the County reserves the right to
liquidate funds available under this Agreement for costs incurred by the County on behalf
of Baytown.
Final reimbursement requests for Baytown shall be received by the County no later than
sixty (60) days after completion of the Agreement period. Any requests received after
sixty (60) days will not be processed for payment and this Agreement will become void
and the remaining funds de- obligated. All unexpended FTA 5307 Grant funds by the
Baytown will be de- obligated and recaptured by the County.
F. Retainaae
Disbursement of funds under this Agreement shall be subject to retainage provisions of
Section 2252.032 of the Texas Government Code, as it may be amended from time to
time. If Baytown chooses to require retainage, Baytown shall include the following in all
contracts used to complete the Services: The Contractor agrees further to return retainage
payments to each subcontractor within 10 days after the subcontractor's work is
satisfactorily completed. Harris County CSD has also established the following additional
mechanisms to ensure prompt payment and Baytown will include it in all contractual
agreements.
Billing Disputes: If a payment dispute arises between the Contractor and any
Subcontractor or Supplier related to this Contract, the Contractor shall provide a written
response to the Subcontractor or Supplier, with a copy to the Project Manager,
specifically addressing any disputed amounts. The Contractor should resolve all disputed
invoices at the earliest time to avoid a delay in the submission of required
subcontractor /supplier payment certifications that could delay payment to the Contractor.
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In the event that the Contractor cannot resolve a subcontractor or supplier disputed
invoice, the Contractor shall bring the matter to the attention of the Contracting Officer at
the time of submitting the Contractor's invoice for payment. The Project Manager will
investigate the situation and make a determination whether the Contractor's invoice
should be processed for payment without the required subcontractor or supplier
certification. The Project Manager will not mediate the dispute between the Contractor
and any subcontractor or supplier in the resolution of disputed invoices. At no time will
the Contractor invoice Baytown for amounts in dispute without prior notification to the
Project Manager.
Subcontractors: The Contractor shall not, without the written consent of Baytown,
terminate a subcontractor, or replace a subcontractor previously listed or permit such
subcontract to be assigned or transferred, or allow that portion of the work to be
performed by anyone other than the listed subcontractor, except the Contractor may
perform a previously subcontracted portion of the work itself with qualified personnel
upon written approval from Baytown. After award, the Contractor shall not enter into a
subcontract for work to be performed without prior notification to Baytown. At no time
will the Contractor invoice Baytown for amounts pertaining to subcontractors terminated
or substituted without prior approval
G. Expenditure Performance
Baytown shall immediately notify the Executive Director of HCCSD, or his designee, of
any problems, delays or adverse conditions that will affect the ability of Baytown to
perform its obligations under this Agreement. Any such notice shall include a statement
of actions taken or contemplated to be taken by Baytown to resolve such problems,
delays or adverse conditions. Baytown shall also promptly notify the Executive Director
of HCCSD, or his designee, if it anticipates accomplishing the activities set forth in this
Agreement with a lower expenditure of funds than the amount allocated, or within a
shorter period of time than the Agreement period.
Baytown further understands and agrees that should the County determine that Baytown
will not use all of the funds allocated to Baytown under this Agreement, then the County
shall reduce the amount allocated to Baytown under this Agreement for the purpose of
ensuring that such funds do not remain unspent, and that such monies are promptly
reallocated to other service providers in accordance with the County's procurement
procedures. The County will notify Baytown in writing of its determination to reduce the
amount allocated to Baytown under this Agreement and any such determination by the
County shall be final.
H. Supplementing a Request for Payment
A Supplemental Request amending a payment or reimbursement request may be filed
with the County after the submission or receipt of the original request. Any
Supplemental Request for payment or reimbursement submitted after the date of
submission or receipt of the original request will be subject to approval by the County.
No more than one Supplemental Request shall be allowed per month.
I. Withholding Payments
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If FTA initiates an investigation into any matter covered under this Agreement, the
County may withhold all payments until the results of the investigation have been
revealed and resolved. Reimbursement to Baytown will be determined upon resolution of
the investigation by FTA.
Repayment of Ineligible Payments
IN THE EVENT FTA DETERMINES THROUGH INVESTIGATIONS AND /OR
MONITORING THAT ANY COUNTY PAYMENT OR REIMBURSEMENT TO
BAYTOWN IS INELIGIBLE OR DISALLOWED, BAYTOWN SHALL
IMMEDIATELY AND WITHOUT DELAY FULLY REIMBURSE THE COUNTY,
AND THE COUNTY WILL REIMBURSE FTA FOR DISALLOWED OR INELIGILE
COSTS. IF FTA INFORMS THE COUNTY THAT IT IS REQUIRED TO REFUND
MONEYS PREVIOUSLY AWARDED OR DRAWN DOWN FROM THE U.S.
TREASURY IN REFERENCE TO THIS AGREEMENT, BAYTOWN AGREES TO
PAY AN EQUAL AMOUNT TO THE COUNTY PRIOR TO THE DEMAND DATE
OF PAYBACK.
V. NOTICES
Any communication concerning this Agreement shall be directed to the representatives of
the County and Baytown, as provided in Exhibit A, Scope of Services.
VI. GENERAL CONDITIONS
A. Independent Contractor
Baytown shall operate as an independent contractor and not as an officer, agent, servant
or employee of the County. Baytown shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed and shall be solely
responsible for the acts and omissions of its officers, members, agents, servants,
employees, program participants, licensees or invitees. The doctrine of respondeat
superior shall not apply as between the County and Baytown, its officers, members,
agents, servants, employees, program participants, licensees or invitees, and nothing
herein shall be construed as creating a partnership or joint enterprise between the County
and Baytown. It is expressly understood and agreed that no officer, member, agent,
employee, licensee or invitee of Baytown, nor any program participant hereunder, is in
the paid service of the County and that the County does not have the legal right to control
the details of the tasks performed hereunder by Baytown, its officers, members, agents,
employees, program participants, licensees or invitees.
The County shall in no way nor under any circumstances be responsible for any property
belonging to Baytown, its officers, members agents, employees, program participants,
licensees or invitees, which may be lost, stolen, destroyed or in any way damaged.
B. Indemnity
BAYTOWN SHALL PLACE THE FOLLOWING LANGUAGE IN EVERY
CONTRACT BAYTOWN USES TO COMPLETE THE SERVICES DESCRIBED
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IN THIS AGREEMENT:
CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND, AT
ITS OWN EXPENSE, THE COUNTY AND ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL
CLAIMS OR SUITS DUE TO THAT ACTIVITIES OF CONTRACTOR, ITS
AGENTS, EMPLOYEES, OR SUBCONTRACTORS OR ANTOHER ENTITY
OVER WHICH THE CONTRACTOR EXERCISES CONTROL FOR PROPERTY
LOSS OR DAMAGE AND /OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER,
WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION
WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE
OR NONPERFORMANCE OF THIS AGREEMENT AND /OR THE
OPERATIONS, ACTIVITIES AND SERVICES OF THE PROGRAM
DESCRIBED HEREIN, WHETHER OR NOT CAUSED, IN WHOLE OR IN
PART, BY ALLEGED NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS,
EMPLOYEES OF THE COUNTY.
CONTRACTOR SHALL ASSUME ALL LIABILITY AND RESPONSIBILITY
FOR THE COUNTY AND ITS OFFICERS, AGENTS, SERVANTS, AND
EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS
OR DAMAGE AND /OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THE
EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE OR
NONPERFORMANCE OF THIS AGREEMENT OR THE OPERATIONS,
ACTIVITIES AND SERVICES OF THE PROGRAMS DESCRIBED HEREIN,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED
NEGLIGENCE OF OFFICERS, AGENTS, SERVANTS, EMPLOYEES OF THE
COUNTY.
CONTRACTOR LIKEWISE COVENANTS AND AGREES TO AND DOES
HEREBY INDEMNIFY AND HOLD HARMLESS THE COUNTY FROM AND
AGAINST ANY AND ALL INJURY, DAMAGE OR DESTRUCTION OF
PROPERTY OF THE COUNTY, ARISING OUT OF OR IN CONNECTION
WITH ALL ACTS OR OMISSIONS OF ITS OFFICERS, MEMBERS, AGENTS,
EMPLOYEES, INVITEES, LICENSEES, OR PROGRAM PARTICIPANTS, OR
CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES OF THE COUNTY.
C. Insurance and Bonding
1. Public Liability Insurance
Baytown agrees to require its Contractor /sub- Contractors to carry adequate Public
Liability Insurance in the amounts required by State law. The amounts of such
insurance shall not be less than the maximum liability that can be imposed on the
Page 12 of 59
County under the laws of the State of Texas. At present, such amounts are as
follows:
Bodily injury or death, per person $100,000
Bodily injury or death, per occurrence $300,000
Property damage, per occurrence $100,000
Baytown understands that such insurance amounts shall be revised upward at the
County's option and that Baytown shall cause its Contractor to revise such
amounts within thirty (30) days following notice to Baytown of such
requirements.
2. Worker's Compensation Insurance
Baytown shall cause its Contractor to furnish the County with a Certificate of
Insurance as proof that it has obtained and paid for a policy of Workers'
Compensation Insurance in the amounts required by State law, covering any and
all employees active in the Program funded under this Agreement.
Accordingly, if Baytown has obtained worker's compensation insurance coverage
through self - insurance, as provided by Texas Labor Code § 406.003, such
documentation of self - insurance shall be provided to the County prior to, or with
the submission of, the first reimbursement request.
Documentation of Insurance Coverage
Baytown shall cause its Contractor to submit to the County documentation that its
Contractor has obtained insurance coverage as required in this Agreement within
thirty (30) days of the execution of this Agreement and prior to payment of any
monies hereunder. County will be listed as an additional insurance on all
insurance policies.
4. Payment and Performance Bonding
Baytown shall cause its Contractor to furnish the County with Certificate of
Insurance as proof that it has obtained and paid for a certificate of Payment Bond
and Performance Bond, as required by State law, see Exhibit D. County shall be
listed as a third party beneficiary of the bond. Baytown shall ensure the
Contractors keep their bonds current for the duration of the term of the
Agreement.
D. FORUM AND VENUE
This Agreement is governed by the laws of the State of Texas. The exclusive forum for
any action arising out of, in connection with, or in any way relating to the Agreement is
in a state or federal court of competent jurisdiction in Texas. The exclusive venue for any
action arising out of, in connection with, or in any way relating to the Agreement is in a
state or federal court of competent jurisdiction in Houston, Harris County, Texas. The
County does not agree to binding arbitration or mediation. The County does not waive its
right to a trial by jury.
Page 13 of 59
VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management
Baytown agrees to (1) comply with requirements set out in OMB Super Circular 2 CFR
Part 200; (2) adhere to the accounting principles and procedures required therein; (3)
utilize adequate internal controls; and (4) maintain necessary source documentation for all
costs incurred. Baytown shall administer its Program in conformance with OMB Super 2
CFR Part 200, for all costs incurred whether charged on a direct or indirect basis.
B. Record - Keeping, Reports, and Audits
Records to be Maintained
Baytown shall maintain all records required by this Agreement, records required
by 49 U.S.C. 5307 and records that are pertinent to the activities to be funded
under this Agreement, including but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken is an eligible
activity under the FTA 5307 Grant Program;
C. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with FTA
assistance;
d. Financial records as required by 49 U.S.C. 5307 and OMB Super
Circular 2 CFR Part 200; and
2. Retention
Baytown shall retain all records pertinent to expenditures incurred under this
Agreement for a period of six (6) years after the termination of all activities
funded under this Agreement, or after the resolution of all Federal audit findings,
whichever occurs later. Records for non - expendable property acquired with funds
under this Agreement shall be retained for six (6) years after final disposition of
such property.
Construction Policies, Reports and Davis -Bacon and Related Acts
Requirements
Baytown shall ensure that each contract subject to Federal (Davis -Bacon and
Related Acts) labor standards requirements must contain the appropriate contract
provisions containing the labor standards clauses described in Exhibit C, Section
13. These clauses correspond to the Department of Labor (DOL) regulations
prescribing the responsibilities of the Contractor and obligating the Contractor to
comply with the labor requirements. The labor standards clauses also provide for
remedies in the event of violations, including withholding from payments due to
the Contractor to ensure the payment of wages or liquidated damages, which may
be found due.
Page 14 of 59
Baytown shall ensure compliance with the Davis -Bacon and Related Acts
(DBRA) requirements. Baytown shall furnish or cause to furnish documents
evidencing compliance with the DBRA requirements, including but not be limited
to the following:
a. Certified Weekly Payrolls
b. Certificate From Contractor Appointing Officer or Employee to
Supervise Payment of Employees
c. Posting of Equal Employment Opportunity Poster, Notice to
Employees Poster and Wage Decision(s)
d. Certificate for Contracts, Grants, Loans and Cooperative Agreements
e. General Contractor/ Subcontractor Profile
NOTE: All of the above listed documents pertaining to the DBRA are
required to be submitted by the prime Contractor, all Subcontractors and all
third -tier subcontractors without exceptions.
4. Deadlines
DBRA compliance documents shall be submitted during the course of
project construction pursuant to the deadlines in Exhibit C.
5. Audits & Inspections
All records relevant to any matters covered by this Agreement shall be made
available to the County, its designees or the Federal government, at any time
during normal business hours, as often as the County or other agency deems
necessary, to audit, examine, and make excerpts or transcripts of all relevant data.
Baytown will respond to the notification of any deficiencies noted in audit reports
within thirty (30) days after receipt by the Baytown. Any deficiencies must be
fully cleared by Baytown. Baytown agrees to have an annual agency audit
conducted in accordance with OMB Super Circular 2 CFR Part 200.
6. Failure to Meet Record - Keeping, Reporting, Audit, and/or Inspection
Requirements
Baytown's failure to comply with record - keeping, reporting, audits, and/or
inspections as required by this Agreement is a breach of this Agreement and
funding will be withheld from Baytown until such time as the reports are timely
and accurately submitted. The County maintains the right to terminate this
Agreement with Baytown for failure to keep records properly, submit reports for
three (3) consecutive months, and/or cooperate with audits /inspections.
C. Procurement
Compliance
Baytown shall comply with the (1) public notice and (2) award of contract to the
lowest and most responsible bidder procedures of the Municipal Purchasing Act,
Page 15 of 59
TEX. GOVT CODE §252.001 et seq., concerning the purchase of equipment and
services and shall maintain an inventory record of all non - expendable personal
property, as defined by County policy, that may be procured with funds provided
hereunder. Baytown shall procure materials in accordance with the requirements
of OMB Super Circular 2 CFR Part 200, "Procurement Standards," and shall
subsequently follow, "Property Standards," covering utilization and disposal of
property.
D. Subcontracts
1. Approvals
Baytown shall *not enter into any subcontracts with any agency or individual in the
performance of this Agreement without the written consent of the County prior to
the execution of such agreement.
2. Monitoring
Baytown shall monitor all subcontracted services on a regular basis to assure
contract compliance. Results of monitoring efforts shall be summarized in written
reports submitted to the County and supported with documented evidence of
follow -up actions taken to correct areas of noncompliance.
3. Content
Baytown shall cause all of the provisions of this Agreement in its entirety to be
included in and made a part of any subcontract executed in the performance of
this Agreement.
4. Selection Process
Baytown shall insure that all subcontracts let in the performance of this
Agreement shall be awarded on a fair, open, and competitive manner. Executed
copies of all subcontracts shall be forwarded to the County, along with
documentation concerning the selection process. Baytown must adopt and utilize
written selection criteria for use in the selection of subcontractors, which selection
criteria must conform to the Procurement requirements of OMB Super Circular 2
CFR Part 200.
E. Federal Transit Administration Requirements
Baytown shall comply with all of the applicable FTA requirements in Exhibit D,
including the four percent (4 %) DBE participation requirement that has been
established for this Agreement, and ensure that all of the applicable FTA
requirements are made part of any subcontract(s) executed in the performance of
this Agreement.
Baytown shall submit, as part of this Agreement, the following assurances and
certifications:
Page 16 of 59
1. FTA Requirements Acknowledgement, see Exhibit D.
2. Buy America Certification, see Exhibit E.
3. Lobbying Certification, see Exhibit F.
IX. ASSIGNMENTS AND AMENDMENTS
A. Assignability
Baytown shall not assign or transfer any interest in this Agreement without the
prior written consent of the County. Notice of any such permitted assignment or
transfer shall be furnished promptly to the County.
B. Amendments
The County or Baytown may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in
writing, signed by a duly authorized representative of each organization, and
approved by the County's governing body. Such amendments shall not invalidate
this Agreement, nor relieve or release the County or Baytown from its obligations
under this Agreement.
Additionally, the County may, in its discretion, amend this Agreement to conform
with Federal, state or local governmental guidelines, policies and available
funding amounts, or for other reasons. If such amendment results in a change in
the funding, the scope of services, or schedule of the activities to be undertaken as
part of this Agreement, such modifications will be affected only by written
Amendment signed by both the County and Baytown. No more than two (2)
Amendments to the Agreement shall be allowed each year.
X. TERMINATION OF AGREEMENT
A. Automatic Termination
This Agreement automatically terminates at the end of the time of performance as
specified in Section III., "Time of Performance," of this Agreement.
B. Termination Without Cause
Either party may terminate this Agreement at any time by giving written notice to
the other party of such termination and specifying the effective date thereof at
least thirty (30) days before the effective date of such termination. In the event of
termination for convenience, all finished or unfinished documents, data, studies,
surveys, maps, models, photographs, reports or other materials prepared by
Baytown under this Agreement shall become the property of the County and
Baytown jointly, and Baytown shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents or
Page 17 of 59
materials prior to the termination, unless FTA has determined through monitoring
and/or investigative practices, that Baytown is not entitled to such compensation.
C. With Cause
The County may terminate this Agreement for cause, in whole or in part, if
Baytown fails to comply with any term of this Agreement, or with any of the
rules, regulations or provisions referred to herein; and the County may declare
Baytown ineligible for any further participation in the County's FTA 5307 Grant
Program, in addition to other remedies as provided by law. If the County has
cause to believe Baytown is in noncompliance with this Agreement or any
applicable rules and regulations, the County may withhold up to twenty -five (25)
percent of said Agreement funds until such time as Baytown is found to be in
compliance by the County, or is otherwise adjudicated to be in compliance.
D. Partial Terminations
Partial terminations of the Scope of Services in Exhibit A may only be
undertaken with the prior approval of the County.
E. Breach of the Agreement
Termination of this Agreement shall not relieve Baytown of liability for any
breach of this Agreement that occurs prior to such termination or expiration.
F. Close -outs
Baytown's obligation to the County shall not end until all closeout requirements
described in OMB Super Circular 2 CFR Part 200 are completed to the
satisfaction of the County and the Harris County Auditor. Activities during this
close -out period shall include, but are not limited to, making final payments,
disposing of Program assets, including the return to the County of all unused
materials, equipment, unspent cash advances, accounts receivable, and
determining the custodianship of records.
G. Reversion of Assets
Upon expiration or termination of the term of this Agreement, Baytown shall
transfer to the County any FTA 5307 Grant funds on hand at the time of
expiration and any accounts receivable attributable to the use of such funds. For
any year following the expiration or termination of this Agreement that Baytown
holds personal property attributable to funds hereunder, Baytown shall submit an
Annual Report of Personal Property identifying the property and its location, with
such report being filed with the County and the Harris County Auditor.
XIII. AGREEMENT REQUIREMENTS
Notwithstanding any provision of this Agreement, Baytown is required to comply
with only the federal, state, and local regulations applicable to the specific
federally assisted program associated with this Agreement.
Page 18 of 59
XIV. INCORPORATION OF EXHIBITS
The following documents are a part of this Agreement:
Exhibit A Scope of Services
Exhibit B Budget
Exhibit C Harris County Community Services Department Construction
Policies and Guidelines
Exhibit D FTA Requirements Acknowledgement
Exhibit E Buy America Certification
Exhibit F Lobbying Certification
Exhibit G Project Map
Page 19 of 59
ATTEST:
Name:
APPROVED AS TO FORM:
VINCE RYAN
Harris County Attorney
By:
AMY SAMPLES
Assistant County Attorney
CITY OF BAYTOWN
By:
Name:
Title:
Date Signed:
HARRIS COUNTY
By:
DAVID B. TURKEL
Executive Director, Harris County Community
Services Department
Date Signed:
AUDITOR'S CERTIFICATION
I hereby certify that funds are available in the amount of $722,000.00 for construction and
related activities to pay the obligation of the County under this Agreement.
BARBARA J. SCHOTT
County Auditor
Page 20 of 59
Exhibit A
SCOPE OF SERVICES
I. Application
This Scope of Services is based on the proposal prepared and submitted by Baytown.
However, in the event of any conflict between the proposal and any provision contained
herein, this Agreement shall control. In addition to the activities listed below, Baytown
agrees to operate this Project in accordance with the FTA 5307 Grant Program
requirements and all other applicable Federal, state and local regulations.
II. Project Description
The scope of the Project is to install up to 17,969 linear feet of sidewalk and 272 ADA
ramps along Garth Road, North Main, Barker Road, Meridian Street, Hartman Drive, and
Beaumont Street within the City of Baytown as shown in Exhibit G, the "Project Map ".
The sidewalks being replaced are dilapidated with numerous tripping hazards. The new
sidewalks will significantly reduce traffic danger to pedestrians along these routes. This
project will benefit users of the fixed route transit system and enhance mobility access for
individuals who reside or work within Baytown.
Baytown shall be responsible for implementing the Sidewalk Improvements Project
during the term of this Agreement as follows:
PROJECT LOCATION
SIDEWALK
# OF ADA RAMPS
(LINEARIM
Garth Road, East
2,170
45
Shipley's Corner (at Baker Road) to
Rollin brook
Garth Road, West
550
9
Kroger's towards W. Baker Road and
Garth Road, East
150
4
From Baker Road to North
Garth Road, East
2,750
53
from SH 146 to Joe V's (front)
N. Main, West
2,670
20
From W. Baker Road to
Rollin brook Drive
Baker Road South
3,290
50
Shipley's at Garth Road to North Main
North Main, (East/West)
3,190
51
From SH 146 to Rollin brook
Meridian Street (North)
412
0
From E. Lindbergh Ct. to North Main
Hartman Drive, (North)
1,094
6
From Chance Ln. to North Main
Beaumont Street, (West)
1,693
34
From Teas Park to Ward Road
Pushbutton crosswalk for a Project
listed above, TBD
TOTAL
17,969
272
Page 21 of 59
Baytown shall administer all activities in the provision of the aforementioned sidewalk
improvements project in accordance with all applicable Federal, state, and local rules and
regulations governing these funds, and in a manner satisfactory to the County.
Baytown shall ensure that personnel providing services under this Agreement have all
licenses required by law and/or are qualified to perform the services required under this
Agreement. Baytown shall further ensure that all Program and/or facility licenses
necessary to provide the required services are current and that the County shall
immediately be notified if any such required licenses become invalid or are canceled
during the term of this Agreement.
III. Activities
A. Operations and Maintenance
Baytown shall be responsible for the operations and maintenance of the sidewalk
improvements described in Exhibit A upon completion of construction.
B. Project Delivery
Baytown shall be responsible for the delivery of the following activities in connection
with the provision of the above -noted Project. The activities and the submission of
reports and compliance documents shall include, but not be limited to the budget line
item categories listed in the budget detail of Exhibit B and as detailed further below:
Page 22 of 59
ACTIVITIES, SCHEDULE, AND REQUIRED DOCUMENTS
No.
Activity Name
Schedule
Reports and Compliance
Documents
I.
Construction
1.
Design
Within two hundred -forty (240) days from the date of
Final set of drawings, plans,
this Agreement, Baytown shall submit the compliance
cost estimates, bid
documents to the County for review and approval.
specifications and
construction documents
2.
DRAFT
Within two hundred -forty (240) days from the date of
Copy of the draft
Construction
this Agreement, Baytown shall submit a draft
construction contract
Contract
construction contract to the County for review and
approval.
3.
Bid Out
Within fifteen (15) days after the County's approval of
Copy of bid advertisement
the bid specifications, Baytown shall advertise the
with affidavit
project for at least two (2) consecutive weeks.
4.
Pre -bid Conference
Baytown shall hold a Pre -bid Conference, at least one
Copy of attendance roster
week before bids are due.
and meeting notes
5.
Bid Opening
Baytown shall hold a Bid Opening, at a minimum of
N/A
two (2) weeks after the initial advertisement of project.
6.
Bids, Bid
Within fifteen (15) days from the date of the Bid
Copy of all bids, bid bonds,
Tabulation and
Opening, Baytown shall submit the compliance
tabulation and
Recommendations
documents to the County for review and approval.
recommendations
7.
Notice of Award
After the County's approval of the lowest and most
Copy of Notice of Award
responsible bid, Baytown shall issue the Notice of
Award to the contractor within fifteen (15) days of
approval by Baytown's City Council
8.
Executed
Baytown shall provide an executed copy of the
ORIGINAL copy of the
Construction
construction contract within fifteen (15) days after
executed construction
Contract
issuance of the Notice of Award
contract
9.
Pre - construction
Within seven (7) days after the date of the executed
Copy of attendance roster
Conference
construction contract, Baytown shall hold the Pre-
and meeting notes
construction Conference.
10.
Construction Start
Baytown shall issue the Notice to Proceed to the
Copy of Notice to Proceed
Date
contractor at the time of the pre- construction
conference.
11.
DBRA Compliance
Within seven (7) days of the Construction Start Date
ORIGINAL DBRA
Documents
and during the project construction, Baytown shall
compliance documents
submit or cause to be submitted original compliance
documents on a weekly basis.
12.
Survey, Inspection,
Baytown shall perform survey, inspection and testing
Copy of survey, inspection
and Testing
during the course of implementing the project, as
and testing reports, as
applicable.
applicable
13.
Final Walkthrough
At the completion of the construction activities,
Copy of Final Punch List, if
and Final Punch
Baytown shall hold a Final Walkthrough and issue the
applicable, copy of the
List I
Final Punch List, as applicable I
Certificate of Completion.
Page 23 of 59
Time/Date variances to the schedule may be approved by the Executive Director of the
HCCSD, or his designee, if reasonable justification is provided for the delay.
Baytown shall forward compliance documents upon completion of the activity, or as
noted in the schedule.
In addition to normal administrative services required as part of this Agreement, Baytown
agrees to document progress using reporting requirements specified in Section VII of this
Agreement.
W. Notice
Coun
David B. Turkel, Executive Director
Harris County Community Services
Department
8410 Lantern Point
Houston, Texas 77054
Baytown
Richard L. Davis, City Manager
City of Baytown
2401 Market Street
Baytown, Texas 77520
Page 24 of 59
Exhibit B
BUDGET
CITY OF BAYTOWN
SIDEWALK IMPROVEMENTS PROJECT
Maximum Amount to be Paid Under this Agreement
It is expressly agreed and understood that the total amount to be paid by the County under this
Agreement shall not exceed SEVEN HUNDRED TWENTY -TWO THOUSAND and 00.1100 Dollars
($722,000.00).
PROJECT SUMMARY
DESCRIPTION
FEDERAL FUNDS
(FTA)
LOCAL
MATCH FUNDS
BAYTO
TOTAL
Project Costs
I. Construction
$722,000.00
$180,500.00
$902,500.00
Project Budget Total
$722,000.00
$180,500.00
$902,500.00
Page 25 of 59
Exhibit C
HARRIS COUNTY COMMUNITY SERVICES DEPARTMENT
CONSTRUCTION POLICIES AND GUIDELINES
These policies are intended to assist those Contractors /Subcontractors receiving FTA 5307 Grant funds. They
will facilitate the Contractors' /Subcontractors' understanding and compliance with applicable federal and
county regulations, policies and processes where the Contractor is responsible for design, bidding and
construction contract administration. If clarification is needed, call Gene Simeon, Compliance Manager, at 713-
578 -2000.
If federal funds will be used to retain consultants, Baytown must advertise Request for Qualification
Statement (RFQ). Baytown shall submit the draft RFQ for approval prior to advertisement. The
responding consultant's SF 330 qualification statements must be submitted for review to Harris County
Community Services Department (HCCSD) prior to commissioning the consultants. Upon approval by
HCCSD, Baytown may retain consultant(s).
2. Baytown shall advertise for bids and award contracts in compliance with the State of Texas bidding
procedures and the following subsections of the OMB Super Circular 2 CFR Part 200:
Subpart D 200.300- 200.309, "Standards for Financial and Program Management"
Subpart D 200.317- 200.326, "Procurement Standards"
Subpart D 200.333- 200.337, "Records Retention and Access"
3. The preliminary drawings must be within the previously approved project scope. All construction
projects must comply with Harris County requirements and the policies and procedures of the Harris
County Purchasing Agent, Hams County Auditor, and HCCSD.
4. Baytown will incorporate into the construction documents any and all FTA requirements and all
construction policies and guidelines contained herein. Final documents must be approved by the
County prior to the execution of the contract for construction.
Prior to award of contract, the County will review the bid documents, the bidder's qualification
statements and financial statements to ensure that the contractor has a good contracting record, adequate
capitalization, equipment, and personnel to successfully complete the project, meets minority
participation goals and that the bidder has not been debarred by FTA from working on federal contracts.
Baytown, Baytown's Representative, and the County shall conduct a pre -bid meeting and a pre -
construction conference with the Contractor and Subcontractor(s).
7. The County shall furnish Baytown with specific compliance documentation at the pre - construction
conference with the Contractor. Without exception, Baytown and the Contractor shall be responsible
for ensuring compliance by all Subcontractors working on the project jobsite with employees covered
by the Davis -Bacon Act.
8. Baytown shall, at its sole expense, furnish the necessary inspection personnel to assure itself of
compliance with the construction contract. Baytown understands and agrees to inspections performed
by the County's representative. Baytown understands and agrees that the County's representative shall
have full and final authority in all construction disputes.
9. Baytown and Contractor shall be responsible for preparing monthly pay requests to be reviewed by
Baytown's representative prior to submittal for payment. Preparation will consist of a site meeting with
Page 26 of 59
Baytown's representative and the Contractor's representative to accurately determine the percentage of
completion of various components of the work and time used. Baytown, Baytown's representative, the
Contractor, and the County's representative, will be required to sign each monthly estimate prior to
being processed for payment.
10. All change orders must be approved in writing by Baytown prior to any alterations or modifications of
the work or specifications. Baytown will be responsible for any increase in cost based on any change
order required due to errors and/or omissions. Pursuant to Harris County procurement policies and
Texas Local Government Code §271.060, total aggregate increases in the contract will not exceed
twenty five percent (25 %) of the original construction contract amount awarded to the lowest and
most responsible bidder; and total decreases to the original construction contract may not exceed
twenty five percent (25 %) without the consent of the contractor.
11. Baytown must submit the following documentation to HCCSD prior to sending Notice of Award to
proposed contractor and execution of the construction contract.
Prior to sending Notice of Award:
Copy of the bid advertisement.
Copy of the bid tabulations.
Copies of all bids submitted.
Copies of bidders' bid bonds or cashier's checks or letters or credit in favor of Harris County, in a
form acceptable to the Harris County.
• Copy of the minutes and attendance roster of the bid opening.
• Baytown's recommendation of contractor.
Request authorization from the County to award project to lowest and most responsible bidder.
Prior to execution of contract:
Copy of DRAFT Construction Contract with contractor County review and approval.
Copy of proposed subcontractor list along with subcontractor profiles.
Certificates for Contracts, Grants, Loans and Cooperative Agreements -- signed by the contractor.
12. Baytown must submit the following documentation after award of contract, but prior to Pre -
Construction Meeting:
Copy of the performance, payment and maintenance bonds.
• Copy of "Certificate of Authority" issued by the State Board of Insurance of Texas for the surety
company. Only companies listed in the Department of the Treasury circular #570 (most recent
issue) will be accepted.
Certification of bid award by the City Council /Board.
Original copy of the executed contract between the successful bidder and Baytown.
Copy of the purchase order.
Copy of subcontractor list.
Schedule of Values based on standard Construction Specifications Institute (CSI) format (16
divisions) and given in labor and materials listed separately per line item including overhead and
profit for each.
Construction schedule (Bar Chart or Critical Path Method).
13. Davis Bacon and Related Acts Requirements
Baytown shall ensure compliance with the Davis -Bacon and Related Acts requirements and shall
furnish or cause to furnish the required reports documenting compliance with the Davis -Bacon and
Related Acts requirements.
Page 27 of 59
Basic labor standards compliance parameters involve the payment to construction laborers and
mechanics not less than the prevailing wage rate established in the wage determination for the type
(classification) of work and the hours of work they actually performed. Contractors and subcontractors
and any lower -tier subcontractors (employers) are required to prepare, certify and submit weekly payroll
reports reflecting all of the laborers and mechanics (employees) engaged in construction of the site of
the work. The certified payrolls must clearly indicate name, address, social security number, job
classification, corresponding hourly pay rate, hours worked, and any other pertinent information
requested on the form. Employers may also be required to submit related documents in order to
demonstrate compliance with these standards. The County will not accept incomplete certified payrolls.
All required documentation and forms submitted to County must be originals.
Each contract subject to Federal (Davis -Bacon & Related Acts) labor standards requirements must
contain the appropriate FTA contract provisions containing the labor standards clauses. These clauses
correspond to the U.S. Department of Labor (DOL) Regulations prescribing the responsibilities of the
contractor and obligating the contractor to comply with the labor requirements. The labor standards
clauses also provide for remedies in the event of violations, including withholding from payments due to
the contractor to ensure the payment of wages or liquidated damages, which may be found due. These
contract clauses are described below.
A. Responsibility of the Principal Contractor.
Basic labor standards compliance parameters involve the payment to all construction laborers and
mechanics not less than the prevailing wage rate established in the wage determination for the type
(classification) of work and the hours of work they actually perform. Contractors and subcontractors
and any lower -tier subcontractors (employers) are required to prepare, certify and submit weekly reports
reflecting all of the laborers and mechanics (employees) engaged in construction of the site of the work.
Employers may also be required to submit related documentation in order to demonstrate compliance
with these compliance parameters.
The principal contractor (also referred to as the prime contractor or general contractor) shall be
responsible for the full compliance of all employers (contractors, subcontractors, and any lower -tier
subcontractors) with the labor standards provisions applicable to the project. For ease of reference, the
term "contractor" shall mean the principal, prime contractor, or general contractor, "subcontractor" shall
mean any and all subcontractors and lower -tier subcontractors, and the term "employer" shall include
the contractor and any subcontractors and lower -tier subcontractors.
B. Davis -Bacon Definitions & Compliance Parameters
(ii) Definitions.
a. Laborer or mechanic. "Laborers" and "mechanics" are those individuals whose duties are
manual or physical in nature including workers who are performing the work of a trade
(e.g., Electrician). These terms include apprentices, trainees and, for contracts subject to
CWHSSA, watchmen and guards. "Laborers" and "mechanics" are the two groups of
workers that shall be paid not less than the Davis -Bacon wage rates.
4) Working foremen. Foremen or supervisors that perform regularly construction work
and devote more than 20% of their time as a laborer or mechanic are treated as
"laborers" or "mechanics" for labor standards purposes for the time performing
construction work.
5) Exclusions. Persons whose duties are primarily administrative, managerial or clerical
are not laborers or mechanics.
Page 28 of 59
b. Employee. Every person who performs the work of a laborer or mechanic is "employed"
regardless of any contractual relationship, which may be alleged to exist between a
contractor or subcontractor and such person. This means that even if there is a contract
between a contractor and a worker, the contractor shall ensure the worker is paid at least as
much as the wage rate on the wage decision for the classification of work they perform.
Note that there are no exceptions to the prevailing wage requirements for relatives or for
self - employed laborers and mechanics.
See also Labor Relations Letter LR- 96 -01, Labor standards compliance requirements for
self - employed laborers and mechanics.
c. Apprentices and Trainees. The only workers who can be paid less than the wage rate on
the wage decision for their work classification are "apprentices" and "trainees" registered in
approved apprenticeship or training programs, including Set -Up apprenticeship programs
designed for Davis -Bacon construction work. Approved programs (bona fide programs) are
those which have been registered with DOL or DOL- recognized State Apprenticeship
Council (SAC).
1) Probationary apprentice. A person in the first 90 days of probationary employment
as an apprentice in a bona fide apprenticeship program but who has not yet been
formally registered in such a program may be considered an "apprentice" provided that
the BAT or SAC has certified that such person is eligible for probationary employment
as an apprentice.
2) Pre - apprentice. A "pre- apprentice" person who has not been DOL or SAC certified
for probationary apprenticeship is not considered to be an "apprentice" and shall be
paid in full journeyman's rate on the wage decision for the classification of work they
perform.
3) Ratio of apprentices and trainees to journey man. The maximum number of
apprentices or trainees that you can use on the job site cannot exceed the ratio of
apprentices or trainees to journeymen allowed in the approved program.
d. Prevailing Wages. The term "wages" means the basic hourly rate of pay plus any
contribution irrevocably made by an employer to a bona fide fringe benefit fund, plan or
program. All laborers and mechanics employed or working on the site of the work shall be
paid unconditionally and not less often than once a week the full amount of wages and bona
fide fringe benefits computed at rates not less than those contained in the wage
determination. Employers who do not make contributions or payments to bona fide fringe
benefit funds, plans, or programs shall pay an amount equivalent to the fringe benefit rate
(if any) required on the wage determination directly to the employee added to the basic
hourly rate of pay.
e. Piece -work. Some employees are hired on a piece -work basis, that is, the employee's
earnings are determined by a factor of work produced. For example, a Drywall Hanger's
earnings may be calculated based upon the square feet of sheetrock actually hung, a
Painter's earnings may be based upon the number of units painted. Employers may
calculate weekly earnings based upon piece rates provided the weekly earnings are
sufficient to satisfy the wage requirement based upon actual hours, including any overtime,
worked. If the weekly piece rate earnings are not sufficient, the employer shall re- compute
weekly earnings based upon actual hours worked and the rate on the wage decision for the
work classification(s) involved.
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L Fringe benefits include medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupational activity, or insurance to
provide any of the above; unemployment benefits, life insurance, vacation or holiday pay;
defraying costs of apprenticeship or similar programs; or other bona fide fringe benefits. In
addition to contributions, fringe benefits may reflect the rate of costs to the employer that
may be reasonably anticipated in providing bona fide fringe benefits pursuant to an
enforceable commitment to carry out a financially responsible program. Fringe benefits do
not include benefits required by other Federal, State or local law, such as the employer's
contribution to Social Security or some disability insurance payment.
g. Overtime hours are defined as all hours worked on the site of the work in excess of 40
hours in any workweek. Overtime hours shall be compensated at not less than one and one-
half times the regular rate of basic pay plus the straight -time rate of any required fringe
benefits.
h. Deductions. The employer may make payroll deductions as permitted by DOL Regulations
29 CFR Part 3. These regulations prohibit the employer from requiring employees to "kick-
back" (i.e. give up) any of their earnings. Allowable deductions which do not require prior
DOL permission may include employee obligations for income taxes, Social Security
payments, insurance premium, retirement, savings accounts, and any other legally -
permissible deduction authorized by the employee. Deductions may also be made for
payments on judgments and other financial obligations legally imposed against the
employee.
i. Proper Designation of Trade. Employers shall select a work classification on the wage
decision for each worker based on the actual type of work they performed and shall pay
each worker no less than the wage rate and fringe benefits required on the wage decision for
that classification regardless of their level of skill. In other words, if someone is performing
carpentry work on the project, they must be paid no less than the wage rate on the wage
decision for Carpenters even if they are not considered by their employer to be fully trained
as a Carpenter. NOTE that the only workers who can be paid less than the rate on the wage
decision for their craft are apprentices and trainees registered in approved programs.
j. Split Classifications. Laborers and mechanics that perform work in more than one
classification may be compensated at the rate specified for each classification provided that
the employer maintains time records that accurately set forth the time spent in each
classification in which work was performed. If accurate time records are not maintained,
the employee shall be compensated at the highest of all wage rates for the classifications in
which work was performed.
k. Additional classifications and wage rates. If the general contractor determines that the
wage decision does not include a classification or classifications needed for the construction
of the project, than the general contractor shall submit to the County a request for an
additional classification and wage rate. The County shall review and forward the request
for additional work classification and wage rate to FTA for review and preliminary
approval. FTA shall review and shall forward the request for additional classification and
wage rate to DOL for final review and approval. NOTE that the final decision rests with
DOL.
The general contractor shall make the request for additional classification and wage rate in
writing. All third party subcontractors shall submit their request for additional classification
and wage rate to their general contractor for further processing. All requests shall identify
the project, the project's wage decision, the additional work classification(s) that is (are)
missing and recommend a wage rate and fringe benefits (usually the rate the employer
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already is paying to the employees performing the work) for that classification. The
primary contractor may need to describe the work that the new classification will perform.
The additional classification and wage rate request may be approved if:
a. The requested classification is used by construction contractors in the area of the
project. The area is usually defined as the county where the project is located.
b. The work that will be performed by the requested classification is not already
performed by another classification that is already on the wage decision. In other
words, if there already is an Electrician classification and wage rate on the wage
decision, the general contractor cannot request another Electrician classification and
wage rate.
c. The proposed wage rate for the requested classification "fits" with the other wage
rates already on the wage decision. For example, the wage rate proposed for a trade
classification such as Electrician shall be at least as much as the lowest wage rate
for other trade classifications already contained in the wage decision. And,
d. The workers that will be employed in the added classification (if it is already
known who the workers are or will be), or the workers' representative, must agree
with the proposed wage rate.
County Review. County shall review the request for additional classification and wage
rate to determine whether the request meets the DOL rules outlined above and forwards
the request to FTA for further review and preliminary approval. If additional
information is required, HCCSD shall contact the general contractor for more
information. HCCSD shall inform the general contractor in writing in the event that
HCCSD's review finds that the request does not meet the above described rules. The
written response shall also inform the general contractor of their option to revise and
resubmit their request for additional classification and wage rate in order to meet the
above described rules.
2. FTA Review. The FTA Labor Relations field staff shall review the request for
additional classification and wage rate to determine whether the request meets the DOL
rules outlined above. If additional information is required, FTA shall contact the
County for more information. If the FTA Labor Relations review finds that the request
meets the rules, FTA shall forward to HCCSD their preliminary approval on the request
and refer it to DOL for final review and approval. The County shall inform the general
Contractor of FTA's preliminary approval and referral to the DOL.
If the FTA Labor Relations review finds that the request for additional classification
and wage rate does not meet the above described rules, FTA shall not approve the
request. In this case, FTA shall forward to DOL the request with an explanation why
FTA believes the request should not be approved. NOTE that the DOL holds the
authority on the final decision on the request. The County shall inform the general
contractor of FTA's disapproval/ referral letter to the DOL.
3. DOL Review and Decision. The DOL shall respond to FTA in writing about the
additional classification request and wage rate request. FTA shall forward to the
County the final decision from DOL on the request, while the County, in turn, informs
the prime contractor of DOL's final decision to be implemented at the job site.
If DOL does not approve the contractor's request, DOL's written response to FTA shall
include information about the classification and wage rate that shall be used by the
contractor at the job site. Upon receipt from FTA copy of the DOL's response and
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instructions, the County shall inform the general contractor of DOL's denial and of any
instructions about the classification and wage rate to be used at the job site.
Additional classification criteria and procedures are discussed in more detail in DOL
Regulations 29 CFR §5.5.
1. Site of Work. The "site of work" is where the Davis -Bacon wage rates apply. Usually,
this means the boundaries of the project. That is the "site of work" is limited to the physical
place or places where the construction called for in the contract will remain when work on it
has been completed. "Site of work" includes other adjacent or nearby property used by the
contractor /subcontractor in the construction of the project (e.g. fabrication sites) provided
they are dedicated exclusively or nearly so to the performance of the contract or project, and
are so located in proximity to the actual construction location that it would be reasonable to
include them.
C. Reporting Requirements
(i) Payrolls and Basic Records.
Payrolls and basic records relating to such payrolls shall be maintained by each employer with
respect to their own workforce employed on the site of the work. The principal contractor shall
maintain such records relative to all laborers and mechanics working on the site of the work.
Payrolls and related records shall be maintained during the course of the construction work and
preserved by the contractor and all employers for at least 3 years following the completion of
the work. Such records shall contain:
4. The name, address and social security number of each laborer and mechanic;
5. His or her correct work classification(s);
6. Hourly rates of pay including rates of contributions or costs anticipated for fringe benefits;
7. Daily and weekly number of hours worked, including any overtime hours;
8. Gross amount paid;
9. Deductions made and actual net wages paid;
10. Evidence pertaining to any fringe benefit programs;
11. Evidence of the approval of any apprenticeship or trainee program, the registration of each
apprentice or trainee and the ratios and wage rates contained in the program.
County may obtain copies of the WH-347 from the FTA Labor Relations Field staff for their
jurisdiction.
(ii) Certified Payroll Reports.
Certified weekly payroll reports (CPRs) shall be submitted with respect to each week any
contract work is performed. Each contractor and subcontractor (employer) shall prepare and
certify such payroll reports to demonstrate compliance with the labor standards requirements.
The principal contractor is responsible for full compliance with regard to its own workforce and
with regard to the compliance of every subcontractor. For this reason, all CPRs and any related
records are submitted to the HCCSD through the principal contractor.
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1) CPR format. CPR information may be submitted in any form provided that the County
Labor Standards Designee can reasonably interpret the information to monitor employer
compliance with the labor standards. Employers are encouraged to utilize DOL Payroll
Form WH -347. HCCSD shall make available to each principal contractor a limited number
of copies of the WH -347 for the contractor's reproduction and use.
2) Submission requirements. CPRs shall be submitted for each employer beginning with the
first week such employer performs work on the site of the work until the work has been
completed for the project. CPRs shall be submitted promptly following the close of each
such pay week.
3) CPR preparation. CPRs for each employer shall be numbered sequentially beginning with
"1" for the first week that work was performed at the job site. The CPR for the last week of
work to be performed on the project by each employer shall be clearly marked Final.
a. Project and Employer Information. Each payroll shall identify the employer's name
and address, the project name and number, project address, and the week ending date.
The payrolls shall include the week dates in the spaces provided and the payrolls shall
be numbered sequentially.
b. Employee Information. The first payroll on which each employee appears shall
contain the employee's name, address and unique employee number. Thereafter, the
address only need to be reported if there is a change in such information or if another
employee has the same name.
c. Apprentices or Trainees. The first payroll on which any apprentice or trainee appears
shall be accompanied with a copy of that apprentice's or trainee's registration in an
approved program. A copy of the approved program pertaining to the wage rates and
ratios shall also accompany the first CPR on which the first apprentice or trainee
appears.
d. Split Classifications. For an employee that worked in a split classification, the
employer shall make a separate entry for each classification of work performed
distributing the hours of work for each classification, accordingly, and reflecting the
rate of pay and gross earnings for each classification. Deductions and net pay may be
based upon total gross amount earned for all classifications. The division of hours
worked in different classifications shall be accurately maintained and clearly reported.
e. Hours worked at other job sites. The CPRs should reflect ONLY hours worked at the
site of work. If an employee performs work at job sites other than the project for which
the CPR is prepared, those "other jobs" hours should not be reported on the CPR. In
these cases the employer should list the employee's name, classification, hours
performed on this project only, and the rate of pay and gross earnings earned on this
project. Deductions and net pay may be reflected based upon the employee's total
earnings (for all projects) for the week.
f. Rate of Pay. Employers shall report the basic hourly rate of pay for each employee for
this project. If the wage decision includes a fringe benefit and the employer does not
participate in approved fringe benefit programs, the employer shall add the fringe
benefit rate to the basic hourly rate of pay. Also, the employer shall list the overtime
rate if overtime hours are worked.
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i. Piece -work. For any piece -work employee, the employer shall compute an
effective hourly rate of pay for each employee each week based on the employee's
piece -work earnings for that week. To compute the effective hourly rate of pay, the
employer shall divide the piece -work earnings by the total number of hours worked
each week, including consideration for overtime hours.
The effective hourly rate shall be reflected on the certified payroll and the hourly
rate of pay may not be less than the wage rate (including fringe benefits, if any) on
the wage decision for the classification of work performed. It does not matter that
the effective hourly rate of pay changes from week -to -week, only that the rate in no
less than the rate on the wage decision for the classification of work performed.
NOTE that the overtime rate for piece -work shall be computed at one and one -half
times the basic rate of pay plus any fringe benefits.
ii. Gross Wages Earned. The employer shall show the gross amount of wages earned
for work performed on this project. NOTE that the employees with work hours and
earnings on other projects, the employer shall show gross wages for this project
over gross earnings for all projects (for example, $425.40/$764.85) and base
deductions and net pay for "all projects" earnings for that week.
iii. Deductions. The employer shall report the amounts of any deductions from the
gross earnings. "Other" deductions shall be identified (for example, Savings
Account, Loan Repayment, Child Support, etc.). Any voluntary deductions, that is,
not required by law or by an order of proper authority, shall be authorized in
writing by the employee or provided for in a collective bargaining (union)
agreement. Written authorization shall be signed by the employee and shall
accompany the first payroll on which the deduction appears.
iv. Net Pay. The employer shall report the net pay on each payroll submitted.
g. Statement of Compliance (Weekly Payroll Certification). Each weekly payroll shall
be accompanied by a "Statement of Compliance." The Statement of Compliance shall
be executed by the original signature of the principal executive of the employer or of a
person authorized in writing by the principal. The Statement of Compliance shall
contain the language prescribed on DOL Form WH -348 or the reverse side of Form
WH -347 which shall certify to the following:
1. That the weekly payroll contains the information required to be maintained and
that the information is correct and complete;
2. That each laborer or mechanic (including each apprentice and trainee)
employed on the contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible deductions as set forth in Regulations 29 CFR
Part 3; and
That each laborer or mechanic has been paid not less than the applicable wage
rate and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the contract. If the employer pays a portion of the required fringe benefits to
programs and the balance directly to the employee, the employer shall explain
those differences in the spaces provided on the Statement of Compliance. If the
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employer pays the fringe benefits directly to the employees, then the employer
shall add the cash equivalent of the fringe benefits to the reported basic hourly
rate of pay.
4) "No Work" payrolls. Employers are not required to submit CPRs for weeks during which
no work was performed on the site of the work provided that the CPRs are numbered
sequentially and that the employer has provided written notice that its work on the project
has been suspended.
5) Falsification. 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) Other reports
a. Certificate From Contractor Appointing Officer or Employees to Supervise Payment of
Employees,
b. Certificate for Contracts, Grants, Loans and Cooperative Agreements;
c. Contractor and Subcontractor(s) Profile(s); and
(iv) Inspection of Records and On -site Interviews.
Each employer shall make the required records (CPRs and related documents) available for
inspection, copying or transcription by authorized representatives of the County, FTA or
DOL. In addition, each employer shall permit authorized representatives to interview
employees during working hours on the job site. Failure by any employer to submit the
required records or to make them available, or to permit on -site employee interviews may,
after written notice to the contractor, cause a suspension of any further payment, advance or
guarantee of funds. In addition, failure to submit the records on request or to make them
available may be grounds for debarment action pursuant to 29 CFR 5.12.
(v) Requests by Outside Parties for Payrolls.
In order to protect the personal privacy interests of employees, copies of weekly payrolls shall not
be released to outside parties and may be withheld under Exemption 6 of the Freedom of
Information Act (FOIA) unless the employee's personal identifiers (e.g., name, address, social
security number) are first deleted.
(vi) Confidentiality.
The identity of any person providing information concerning the labor standards compliance of any
contractor or subcontractor shall not be disclosed in any manner to anyone other than the County or
Federal officials unless written consent is provided in advance by such person. Additionally, any
portions of a statement or written document provided by such person, which would reveal the
identity of the source shall not be disclosed without prior written consent. Disclosure of such
statements and documents shall be governed by the provisions of the FOIA and the Privacy Act of
1974.
a. Privacy Act Release. The County's Labor Standards Designee shall make available a Privacy
Act Release format to each person making a statement or providing documentation, which
alleges underpayment of wages. The format shall permit such person to indicate whether
disclosure of identity is authorized.
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The County may develop a form for its use in its jurisdiction for this purpose.
b. DOL investigatory materials. From time to time, the DOL may furnish investigatory materials
to the County or FTA in the course of its administration and enforcement operations. None of
the material, other than computations of back wages and liquidated damages and the summary
of back wages due, may be disclosed in any manner to anyone other than County or FTA staff
responsible for administering the contract without prior approval from the DOL.
Baytown shall ensure compliance with the Davis -Bacon and Related Acts requirements and shall
furnish or cause to furnish the required reports documenting compliance with the Davis -Bacon and
Related Acts requirements. County will review all certified payrolls and conduct worker interviews and
will hold the contractor responsible for compliance with labor requirements. The County reserves the
right to withhold funds from the general contractor to compensate workers in accordance with the
appropriate wage scales as promulgated by the U.S. Department of Labor.
D. Compliance Violation(s) Provisions
As required by the Davis -Bacon Act and applicable Harris County Guidelines, Baytown and the
contractor shall be assessed fines for compliance violations.
(i) The County shall issue a written Notice of Non - Compliance or wage restitution letter
detailing each violation as it arises with instructions on how to cure the violation. The Notice
of Non - Compliance or wage restitution letter shall provide for a fifteen (15) to thirty (30)
calendar day grace period from the date of the written notice or letter for corrective actions.
(ii) Violations shall be punishable against Baytown or the Contractor on a per day /per violation
basis and, provided the County has not received reports documenting corrective actions.
14. Baytown will not be permitted to perform any "force account work," wherein Baytown uses its own
employees, materials, and/or equipment. All portions of construction work will be subject to the
competitive bidding process referenced above.
15. Baytown's contractor shall furnish, deliver, and install one 4' -0" X 8' -0" temporary project sign
according to Harris County specifications. Baytown will ensure that the specifications will be made part
of the project manual and the cost of the project sign will be included in all bids.
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Exhibit D
FEDERAL TRANSIT ADMINISTRATION REQUIREMENTS
Harris County receives grant funds from the Federal Transit Administration (FTA). Therefore, the
successful bidder will be required to comply with the federal statutes and regulations checked below. The
following pages contain information for each clause checked below. Please review carefully and indicate
your acknowledgement on the final page of this section if you agree to comply with these clauses should
you be the successful bidder. Return this entire document with your bid or Agreement. Note: Your signed
commitment to comply is required for us to consider your submission responsive.
N No Federal Government Obligations
N Special DOL EEO Clause
to Third Parties
N Disadvantaged Business Enterprises (DBEs)
N Program Fraud and False or Fraudulent
N Prompt Payment
Statements and Related Acts
❑ Recycled Products
N Access to Records Requirements
N ADA Access
N Federal Changes
❑ Special Notification for States
N Civil Rights (EEO, Title VI, & ADA)
N Incorporation of FTA Terms
N Energy Conservation
N Termination Provisions
N Debarment and Suspension
N Buy America
N Disputes, Breaches, and Other Litigation
N Lobbying
N Clean Air
N Clean Water
❑ Cargo Preference
❑ Fly America
N Davis Bacon Act
N Copeland Anti- Kickback Act
N Contract Work Hours and Safety Standards
Act
N Bonding
❑ Seismic Safety
❑ Transit Employee Protective Arrangements
❑ Charter Service Operations
❑ School Bus Systems
❑ Drug and Alcohol Testing
❑ Patent Rights
❑ Rights in Data and Copyrights
Page 37 of 59
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
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.
The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except
to identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § 3801 et M. 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 FTA 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.
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 FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the
penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
ACCESS TO RECORDS
Contractor shall permit the authorized representatives of Harris County, the U.S. Department of
Transportation (U.S. DOT), and the Comptroller General of the United States to inspect and audit all data
and records of Transit Operations relating to its performance under this Contract. Contractor shall
maintain complete and accurate records with respect to its performance under this Contract. All such
records shall be maintained in accordance with generally accepted accounting principles and shall be
clearly identified and readily accessible at all reasonable times. Contractor further agrees that Harris
County shall have, until the expiration of three (3) years after final payment of this Contract, access to and
right to examine any directly pertinent books, documents, papers, and records concerning this project.
Page 38 of 59
FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between Purchaser and FTA, 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.
CIVIL RIGHTS
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 FTA may issue.
Equal Employment Opportunity - The following equal employment opportunity requirements apply to
the underlying contract:
a) 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 FTA may issue.
b) 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 FTA may
issue.
c) 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,
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pertaining to employment of persons with disabilities. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
The Contractor also agrees to include these requirements in each subcontract financed in whole or in
part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set forth in FTA Circular 4220.1 E are hereby incorporated by reference. Anything
to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event
of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any Harris County requests which would cause
Harris County to be in violation of the FTA terms and conditions.
ENERGY CONSERVATION
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
TERMINATION
Termination for Convenience: The County may terminate this procurement, in whole or in part, at any
time by written notice to the Contractor when it is in the Government's best interest. The Contractor
shall be paid its costs, including contract close -out costs, and profit on work performed up to the time
of termination. The Contractor shall promptly submit its termination claim to Harris County to be paid
the Contractor. If the Contractor has any property in its possession belonging to Harris County, the
Contractor will account for the same, and dispose of it in the manner the Harris County directs.
(1) Termination for Default [Breach or Cause]: If the Contractor does not deliver supplies in
accordance with the contract delivery schedule, or, if the contract is for services, the Contractor
fails to perform in the manner called for in the contract, or if the Contractor fails to comply with
any other provisions of the contract, Harris County may terminate this contract for default.
Termination shall be effected by serving a notice of termination on the contractor setting forth the
manner in which the Contractor is in default. The Contractor will only be paid the contract price
for supplies delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract.
If it is later determined by the County that the Contractor had an excusable reason for not
performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the
control of the Contractor, the County, after setting up a new delivery of performance schedule,
may allow the Contractor to continue work, or treat the termination as a termination for
convenience.
(2) Opportunity to Cure: The County in its sole discretion may, in the case of a termination for breach
or default, allow the Contractor [an appropriately short period of time] in which to cure the defect.
In such case, the notice of termination will state the time period in which cure is permitted and
other appropriate conditions
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If Contractor fails to remedy to Harris County's satisfaction the breach or default of any of the
terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor
of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient)
shall have the right to terminate the Contract without any further obligation to Contractor. Any
such termination for default shall not in any way operate to preclude (Recipient) from also
pursuing all available remedies against Contractor and its sureties for said breach or default.
(3) Waiver of Remedies for any Breach: In the event that (Recipient) elects to waive its remedies for
any breach by Contractor of any covenant, term or condition of this Contract, such waiver by
(Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other
term, covenant, or condition of this Contract.
GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is
required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates,
as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by Harris County. If it is
later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition
to remedies available to Harris County, 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.
BUY AMERICA
The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that
Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded
projects are produced in the United States, unless a waiver has been granted by FTA 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.
A bidder must submit to the FTA recipient the appropriate Buy America certification, see Exhibit E,
with all bids on FTA - funded contracts, except those subject to a general waiver. Bids that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This
requirement does not apply to lower tier subcontractors.
DISPUTES, BREACHES, OR OTHER LITIGATION
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Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of
the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of
employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of
receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of
employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its position. The decision of the [title of employee] shall be
binding upon the Contractor and the Contractor shall abide be the decision.
Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue
performance under this Contract while matters in dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the party or of any of his employees, agents or others for whose acts
he is legally liable, a claim for damages therefor shall be made in writing to such other party within a
reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between the (Recipient) and the Contractor arising out of or relating to this
agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of
competent jurisdiction within the State in which the (Recipient) is located.
Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations,
rights and remedies otherwise imposed or available by law. No action or failure to act by the
(Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of
them under the Contract, nor shall any such action or failure to act constitute an approval of or
acquiescence in any breach thereunder, except as may be specifically agreed in writing.
LOBBYING
Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of
1995, P.L. 104 -65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an
award of $100,000 or more shall file the certification (see Exhibit 3A) required by 49 CFR part 20,
"New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name
of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its
behalf with non - Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
CLEAN AIR
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 seg; 40 CFR 15.61 and 49 CFR Part 18. 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 FTA and the
appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each
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subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by
FTA.
CLEAN WATER
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 seg. 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 FTA and the appropriate EPA Regional
Office.
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 FTA.
DAVIS BACON ACT AND COPELAND ANTI - KICKBACK ACT
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work
(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction
or development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)),
the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of
payment computed at rates not less than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)
of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers
or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each classification
for the time actually worked therein: Provided, that the employer's payroll records accurately set forth
the time spent in each classification in which work is performed. The wage determination (including
any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the
Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria
have been met:
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1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area
in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including
the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent
by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an
authorized representative, will approve, modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30 -day period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards
of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside
in a separate account assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed
in the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been
met:
1. The work to be performed by the classification requested is not performed by a classification in
the wage determination; and
2. The classification is utilized in the area by the construction industry; and
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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 - The County shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the contractor under
this contract or any other Federal contract with the same prime contractor, or any other federally -
assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same
prime contractor, so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of
the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract, the
[ insert name ofgrantee ] may, after written notice to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment, advance, or guarantee
of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of
1937, or under the Housing Act of 1949, in the construction or development of the project). Such
records shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefits or cash equivalents thereof of the types described in section I (b)(2)(B) of
the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages
paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under
a plan or program described in section 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
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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 the County for transmission to the Federal Transit Administration. 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. (1) That the payroll for the payroll period contains the information required to be maintained
under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct
and complete;
2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance"
required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Federal
Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
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(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any
craft classification shall not be greater than the ratio permitted to the contractor as to the entire work
force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is
not registered or otherwise employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. Where a contractor is performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the registered program for
the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in
the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the
provisions of the apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination
for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S.
Department of Labor determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices
at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and 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,
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the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the subcontractors
to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR
5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements - All rulings and interpretations of
the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither
it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
BONDING
The Contractor agrees to provide contract performance and payment bonding as required by State law
in Section 2253.021 of the Texas Government Code and comply with any other bonding requirements
FTA may issue. The following criteria adequately protects the Federal interest for construction or
facility Agreements with a value exceeding $100,000:
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A performance bond on the part of the Contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all the
contractor's obligations under such a contract; and
2. A payment bond on the part of the Contractor for 100 percent of the contract price. A payment
bond is one executed in connection with a contract to assure payment, as required by law, of all
persons supplying labor and material in the execution of the work provided for in the contract.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
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.
Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar
day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth in
paragraph (1) of this section.
Withholding for unpaid wages and liquidated damages - The County shall upon its own action
or upon written request of an authorized representative of the Department of Labor withhold or
cause to be withheld, from any moneys payable on account of work performed by the contractor or
subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety
Standards Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.
4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (1) through (4) of this section.
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of
race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure
that applicants are employed, and the employees are treated during employment without regard to
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their race, color, religion, sex 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.
2. The 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 or national origin.
3. The 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.
4. The 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' representative 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.
5. The 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.
6. The 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.
7. In the event of the Contractor'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 the rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (8) 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
Page 50 of 59
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.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
Goal
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is 10 %. Harris County's overall goal for DBE participation is 4 %. A separate contract goal of
4% DBE Participation has been established for this contract.
Bidders are required to document sufficient DBE participation to meet these goals or, alternatively,
document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract
is conditioned on submission of the following concurrent with and accompanying sealed bid:
1. The names and addresses of DBE firms that will participate in this contract;
2. A description of the work each DBE will perform;
3. The dollar amount of the participation of each DBE firm participating;
4. Written documentation of the bidder's commitment to use a DBE subcontractor whose
participation it submits to meet the contract goal;
5. Written confirmation from the DBE that it is participating in the contract as provided in the
prime contractor's commitment; and
6. If the contract goal is not met, evidence of good faith efforts to do so.
Bidders must present the information required above as a matter of responsiveness (see 49 CFR
26.53(3)).
Nondiscrimination
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49
CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to
carry out these requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as Harris County deems appropriate, which may include, but is
not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquated damages; and/or
(4) Disqualifying the Contractor from future bidding as non - responsible.
Each subcontract the Contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
Prompt Payment
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Subcontractor and Supplier Payments: In accordance with Texas Government Code, Title 10 Chapter
2251 Sec. 2251.022, the Contractor shal I provi de payment to each Subcontractor and Suppl i er wi thi n
ten (10) calendar days after receiving payment from Harris County CSD for amounts previously
invoiced for work performed or materials furnished under the Contract. Suboontract payment
provisions shall require payments to subcontractors within ten (10) calendar days after the prime
Contractor received payment from Harris County CSD. Interest on late payments is subject to the
provisions of Texas Government Code; Title 10, Chapter 2251, Vernon's Texas Codes Annotated
regarding payments to subcontractors. Under Sec. 2251.023, subcontractors are also required to
make payments to their subcontractors no later than the 10th day after the date the subcontractor
receives payment from Contractor. Failure to pay subcontractors within 10 days and /or failure to
submit appropriate certification of subcontractor payment will be considered in the review of the
Contractor's performance of the contract and may result in the withholding of payment to the
Contractor.
Retail nage Harri s County CSD does not normal I requi re retai nage on contracts other than contracts
i nvol vi ng constructi on or i nstal I ati on of equi pment or other components. I f retad nage i s requi red, the
Contractor agrees further to return retai nage payments to each subcontractor withi n 10 days after the
subcontractor's work is satisfactorily completed. Harris County CSD has also established the
following additional mechanisms to ensure prompt payment and will include i t in all contractual
agreements.
Billing Disputes: If a payment dispute arises between the Contractor and any Subcontractor or
Suppl i er red ated to thi s Contract, the Contractor shad I provi de a wri tten response to the Subcontractor
or Supplier, with a copy to the Project Manager, specifically addressing any disputed amounts. The
Contractor shoul d resod ve al I di sputed i nvoi ces at the earl i est ti me to avoi d a del ay i n the submi ss on
of requi red subcontractor /suppl i er payment certi fi cati ons that coul d del ay payment to the Contractor.
In the event that the Contractor cannot resolve a subcontractor or supplier disputed invoice, the
Contractor shal I bri ng the matter to the attenti on of the Contracti ng Off i oer at the ti me of submi tti ng
the Contractor's invoice for payment. The Project Manager will investigate the situation and make a
determination whether the Contractor's invoice should be processed for payment without the
required subcontractor or supplier certification. The Project Manager will not mediate the dispute
between the Contractor and any subcontractor or supplier in the resolution of disputed invoices. At
no time will the Contractor invoice Hari s County CSD for amounts in dispute without prior
notification to the Project Manager.
Suboontractors The Contractor shall not, without the written consent of Harris County CSD,
termi nate a subcontractor, or reps ace a subcontractor provi oust y I i sted or permi t such subcontract to
be assigned or transferred, or allow that portion of the work to be performed by anyone other than
the I i sted subcontractor, except the Contractor may perform a previously subcontracted portion of
the work itself with qualified personnel upon written approval from Harris County CSD. After
award, the Contractor shall not enter into a subcontract for work to be performed without prior
notification to Harris County CSD. At no time will the Contractor invoice Harris County CSD for
amounts pertaining to subcontractors terminated or substituted without prior approval.
ADA ACCESS
The Contractor agrees to comply with all applicable requirements of the Americans with Disabilities
Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of
Page 52 of 59
1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA may
issue. These regulations provide that no handicapped individual, solely by reason of his or her
handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity included in or resulting from this Agreement.
In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
12112 and section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Contractor
agrees that it will comply with the requirements of U.S. Department of Transportation regulations,
"Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; and U.S.
Department of Transportation regulations, "Americans with Disabilities Accessibility Specifications
for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38, pertaining to facilities and
equipment to be used in public transportation. In addition, the Contractor agrees to comply with the
requirements of 49 U.S.C. § 5301 (d) which expresses the Federal policy that the elderly and persons
with disabilities have the same right as other persons to use mass transportation services and facilities,
and that special efforts shall be made in planning and designing those services and facilities to
implement transportation accessibility rights for elderly persons and persons with disabilities.
Contractor also agrees to comply with any implementing requirements FTA may issue.
Contractor understands that it is required to include the above clauses in all subcontracts. Failure by
the Contractor to carry out these requirements is a material breach of this Agreement, which may result
in the termination of this Agreement or such other remedy as the County deems appropriate.
ACKNOWLEDGEMENT
BY SIGNING BELOW, I declare BAYTOWN, has duly authorized me to acknowledge and bind its
compliance with the required contract clauses above in this section. It is also understood the clauses above
in this section are to be made part of the Agreement or any subcontract under the Agreement between
HARRIS COUNTY and BAYTOWN for the work described herein.
Authorized Signature
Company
Title
Date
Page 53 of 59
Exhibit E
* * BUY AMERICA CERTIFICATION
(STEEL, IRON, AND MANUFACTURED fi
TfiR/9NS/T
PRODUCTS)
Baytown agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA- funded projects are
produced in the United States, unless a waiver has been granted by FTA 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.
Baytown must submit to the County the appropriate Buy America certification (below) and with all bids or
offers on FTA - funded contracts, except those subject to a general waiver. Bids or offers that are not
accompanied by a completed Buy America certification must be rejected as nonresponsive. This
requirement does not apply to lower tier subcontractors.
Please indicate your selection below:
❑ Baytown hereby certifies that it will comply with Title 49 U.S.0 Section 53230)(1) and the applicable
regulations in 49 CFR Part 661.5 by only installing steel, iron, and manufactured products produced
in the United States of America. Baytown further agrees that it will submit documentation to the
County that demonstrate all steel and manufactured products are 100% manufactured in the United
States.
❑ Baytown hereby certifies that it cannot fully comply with the Buy America preferences of Title 49
U.S.0 Section 53230)(1) and CFR Part 661.5; Baytown therefore requests a waiver for an exception
per Title 49 U.S.0 Section 53230)(2)(A), 43230)(2)(B), or 53230)(2)(D), and 49 CFR Part 661.7.
Page 54 of 59
Authorized Signature
Company
Title
Date
* t
Exhibit F
�S LOBBYING CERTIFICATION TR/gNS /T
APPENDIX A, 49 CFR PART 20-- CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned Baytown certifies, to the best of his or her knowledge and belief, that:
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 an 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.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying
contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form - -LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying,"
61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section
10 of the Lobbying Disclosure Act of 1995 (P.L. 104 -65, to be codified at 2 U.S.C. 1601, et seq .)]
The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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.
Page 55 of 59
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)- (2)(A), any person who makes a prohibited expenditure or fails to file or
amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such expenditure or failure.]
Baytown certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if
any. In addition, Baytown understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
Signature of Authorized Official
Name and Title of Authorized Official
Date
Exhibit G
PROJECT MAP
Page 56 of 59
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Page 57 of 59
THE STATE OF TEXAS §
COUNTY OF HARRIS §
The Commissioners Court of Harris County, Texas, convened at a meeting of said Court at the Harris
County Administration Building in the City of Houston, Texas, on the day of ,
with the following members present, to wit:
Ed Emmett
Gene L. Locke
Jack Morman
Steve Radack
R. Jack Cagle
And the following members absent, to -wit
County Judge
Commissioner, Precinct No. 1
Commissioner, Precinct No. 2
Commissioner, Precinct No. 3
Commissioner, Precinct No. 4
, constituting a quorum, when
among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN
HARRIS COUNTY AND THE CITY OF BAYTOWN FOR THE SIDEWALK
IMPROVEMENTS PROJECT
Commissioner introduced an order and made a motion that the same be
adopted. Commissioner seconded the motion for adoption of the order. The
motion, carrying with it the adoption of the order, prevailed by the following vote:
Yes
No Abstain
Judge Emmett
Comm. Locke
iJ
Comm. Morman
❑
Comm. Radack
❑
Comm. Cagle
❑
The County Judge thereupon announced that the motion had duly and lawfully carried and that the
order had been duly and lawfully adopted. The order thus adopted follows:
RECITALS:
THIS AGREEMENT, is made and entered by and between Harris County, a body politic and corporate
under the laws of the State of Texas, herein called the "County," and the City of Baytown, a body
politic and corporate under the laws of Texas, herein called, "Baytown."
WHEREAS, the County has received funds from the United States Department of Transportation
(USDOT) administered through the Federal Transit Administration (FTA) under the Urbanized Area
Formula Program (5307); and
WHEREAS, the primary purpose of the FTA 5307 Grant Program, pursuant to 49 U.S.C. 5307, is to
make Federal resources available to urbanized areas for transit capital and operating assistance in
urbanized areas and for transportation related planning; and
Page 58 of 59
WHEREAS, the County and Baytown entered into an agreement on or around July 8, 2008 for the
provision of Fixed Route Bus services within Baytown which provided that Baytown would construct
certain transit stops, but did not provide for sidewalk improvements at such stops; and
WHEREAS, the County and Baytown desire to enter into a separate agreement whereby the County
will grant FTA 5307 Grant funds to Baytown for the purpose of installing up to 17,969 linear feet of
sidewalk improvements and 272 ADA ramps along Garth Road, North Main, Baker Road, Meridian
Street, Hartman Drive, and Beaumont Street within the City of Baytown, collectively known as the
"Project ", which is an eligible activity under the rules and regulations regarding the FTA 5307 Grant
Program; and
WHEREAS, the County wishes to engage Baytown to assist the County in utilizing the FTA 5307
Grant funds; and
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF HARRIS
COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this Agreement are true and correct.
Section 2: The Executive Director of Harris County Community Services Department or his
Designee is hereby authorized to execute an Agreement between Harris County and the
City of Baytown for the partial funding of the Sidewalk Improvements Project, in the
amount not to exceed $722,000.00. The Agreement is attached hereto and made a part
hereof for all purposes.
Section 3: The Harris County Community Services Department and its Director or his Designee
are authorized to take such actions and execute such other documents as they deem
necessary or convenient to carry out the purpose of this Agreement.
Page 59 of 59