Ordinance No. 6,648930527 -2
ORDT,NANCE NO. 6648
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH EMSCO
CONSTRUCTION, INC. FOR THE SOUTHWEST ADDITION WATERLINE
LOOP ALONG HIGHWAY 146; AUTHORIZING PAYMENT OF THE SUM OF
ONE HUNDRED NINETY -THREE THOUSAND FOUR HUNDRED SIXTY AND
N01100 DOLLARS ($193,460.00) ; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, the City Council of the City of Baytown did
authorize the City Engineer of the City of Baytown to advertise
for bids for the Southwest Addition waterline loop along Highway
146, to be received May 20, 1993; and
WHEREAS, notice to bidders as to the time and place, when
and where the contract for said construction would be let
was published pursuant to provisions of TEX.L.GOV'T.CODE ANN.
S 252.041; and
WHEREAS, all bids were opened and publicly read at City Hall
at 2:00 o'clock p.m., Thursday, May 20, 1993, as per published
notice to bidders; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown
hereby accepts the bid of Emsco Construction, Inc. to do the
above described work according to the plans and specifications set
forth by the City Engineer for the sum of ONE HUNDRED NINETY -THREE
THOUSAND FOUR HUNDRED SIXTY AND NO 1100 DOLLARS ($193,460.00), and
authorizes payment thereof, and the Mayor and the City Clerk of
the City are hereby authorized and directed to execute and attest
to a contract with Emsco Construction, Inc. for the above described
work, said contract containing the plans, specifications, and
requirements of the City Engineer and appropriate bond
requirements in accordance with the provisions of
TEX.REV.CIV.STAT.ANN. art. 5160.
Section 2: That the administration is authorized to
contract for utility adjustments, laboratory testing, and other
professional services necessary to the operation and completion
of the project.
Section 3: That pursuant to the provisions of
TEX.L.GOV'T.CODE ANN. S 252.048, the City Manager is hereby
granted general authority to approve any change order involving a
decrease or an increase in costs of FIFTEEN THOUSAND AND N01100
DOLLARS ($15,000.00) or less, subject to the provision that the
original contract price may not be increased by more than twenty -
five (25 %) or decreased by more than twenty -five (25 %) percent
without the consent of the contractor to such decrease.
930527 -2a
Section 4: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 27th day of May,
1993.
(. A'!
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
ACID I Z S -,'City Attorney
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(2) If the Contractor fails to perform any of the other provisions of this Agreement for ally racoon
whatsoever, or so fails to Crake progress or so violates the Agreement in a ra=er which
significantly endangers substantial performance of the Agreement or completion of the services
herein specified within a re2scnabl -t 1;--&, s-nd in either of these two instazlees does not cure such
failure within a period of ten (14) days (or such longer period of time as =y be authorized by
H -GAC in writing) after receiving written notice by certified mail of default from H -GAC.
In the event of such tem.unatlan, all services of the Contractor and its employees 2ztd subconsaltanis shall
cease and the Contractor shall prepare a final invoice reflecting the services actually performed pursuant
to the Agreement and to the satisfaction of the Executive Director of H -CAC or his designee which has
not appeared on any prior invoice. H-GAC agrees to pay the Contractor, in accordance with the terms of
this Agreement, for services actually performed and accruing to the benefit of H -GAC as reflected On said
ir-voiees, less payment of any competrsadon previously paid and less any costs or damages incurred by
H -GAC ss a result of such default, including = amount agreed to in writing by H -GAC and the Contractor
to be necessary to complete talc scMces herein specifled. in addition to that which would have been
required had the Contractor completed the services herein specified as required herein.
ARTICLE 17 SEVERAIIIL=
All parties agree that should any provision of this A."cement be determined to be invalid or tmenforceable, such
determination shall not affect any other term of this Agret==t, which shall continue in full force and effect.
ARTICLE 19 COPYRIGHTS
The state or federal awardir-g agency and H -CAC r"crves it royalty -free, nonexclusive, and irrevocable license to
reproduce, publish or otherwise tile, and to autha:iu others w use, fur state or federal gove=ent purposes:
(a) the copyright of 211 Chaps, data, reports, research or other work developed uadur it gr4jt, subgrant,
nr contract under a grant or subgrant, And
(b) any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with
grant support. Al: such data and material shall be furnished to H -GAC on request.
ARTTCT.F,' 19 MNERSHTP OF MATERIALS
All data, reports, research, etc., developed by the Contractor as a part of its work under this Agreement Shall
become the property of the H -GAC upon completion of this Agreement, or in the event of termination or
cancellznon hereof, at the time of payment under ARTICLE 7 for work performed. All such data and material shall
be ft.rnished to H -OAC on request.
ARTICLE 20 FORCE XU -SURE
To the extent that either party to this Agreement 6, a l be wholly or partially prevented from the performance within
the te-m specified of ;fry obligation or duty placed on fineh party by reason of or t. rough stripes, stoppage of labor,
riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or SpeCitic cRuse rea.snnahly
'eyond the pr-*ties' control and not anribut2bie to its neglect or nonfeasance, in such evralt, the rime for the
perfer:nmce of such obligation or duty shall he suspended until such disability to perform is removed.
?3eterminndon of force majeure shall rest solely with the H -GAC.
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R-rIIC 2 ON- DISCRII%m.'ATT N . 'D EQUAL QPP R
The Contra--tar ag-ees to Comply with Stater c. -its of national and state policy concerning equal employment
oppormrity, incltuting 'Title VI and VII of the Civil Rights Act of 1964, as amended, and 1991; the Age
Discriminatiozz in Employment Act of 1967, as amended; the Rehabilitation Act of 1973, as mended; Executive
Order No. 112;6, as amended; U.S. Amaricans with Disabilities Act of 1990, and other applicable hews, orders,
or related miles and regulations. The Contractor will not discrimi=ls, directly or indirectly, against any employee
or appli -rt fnr ernplo },tent because of race, eoIor, religion, sex, age, political d-filiation, tuitional origin, or
handicap. The Contractor agrees to post in conspicuous places, available to employees and applicants for
employrre_nt, notices setting forth the provisions of this equal Opportunity clause.
ARTICLE 22 AFFIRMS,= ACTION MAN
It is further agreed that the Contractor shall dev =lop a v.—,itten efirmative action compliance program for each of
its establishments, unlcas the Contract or subcontract is exempt. The Contractor's progran shall provide Lri detail
the specific steps to gu=ntcc equal opportunity employment keyed to the problems and needs of members of
trz .ority groups, fncluding, when there are deficiencies, the development of specific goals and time tables for the
prompt achieve-rert of full and equal employment oppornmiry. Each Co=actor shall include in his affirmative
action compliance program a job classification cable. This Leble should include, but need not be limned to, job
titles, p:i_i::ig4l duties, mws of pay. -ad where more than one rate of pay applies, the applicable rate. The
affirmative action compliance program shall be signed by an executive official of the Contractor. The Contractor
warrxms its Affirmative Action Plan or Ordinance meets the requ!rements of this article.
No officer, : rember at employee of the Conlraelor or subconiraclors, no member of the governing, body, and no
other public offeials of the governing body of the lucality or localities in which the project is situated or heing
carried out who exercise any functions or responsihilitiet in the review nr approval of this project, shall participate
in any decision r =lacing to this Agreement which affects his or per personal interest, Of have any persOnai or
pecimWy ia,,crest, direct or indirect, in this Agreement,
ARTTCLF 24 PC 1,MCA1. ACTTVTTY: LOERN r.
Vo fonds provided under this Agreement may be used in any way to attempt to influence in any manner a member
of Congress to favor or oppose any legislation or appm nation by Congress, or for lobbying with stare or loca!
legislators. The Contractor, if a recipient of federal assistance exceeding $100,000 through an H -GAC subcontract,
will comply with settinn 319, Public Law 101 -121 (31 U.S.C- 1352).
ARTICLE 35 SECTARIAN' LN'VOLVENIEN'T PROHIBITED
Contractor sh-aJ! ensure that no funds under this contract are used, either directly or indirectly, in the support of any
rclieious or anti - religious activity, worship, or instruction.
ARTICLE 26 CRLti INAL PROVISIONS AND SANCTIONS
The Con,=tor assaras that it will perform tae Agreement activities in conformance with szfeguirds against �2ud
and Lbnse s set fc-Th by she H -GAC, the State of Texas, and the Acts and Regulations of the, furding entity. The
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Contractor agrees to promptly notify H -GAC of suspected fraud, abuse or o2htr criminal activity through filing of
a written t-cpoi within twenty -four (24) hours of knowledge thereof and to notify H -GAC: of any accident or incident
requiring medical attention wi&,in twenty -four (24) hours of such oo-carrence.
Theft or willful damage to property on loan to Contractor shall be reported to local law enfo: cement agencies and
H -GAC within two (2) hours of di&covery of any such ant-
Tire Contractor further agrees to cocperane fully with H -GAC, local law caforcesent abcneies, the State of Texas,
the Federal Bureau of Investigation and any other duty authorized investigative unit in ca--' Mg out a full
investigation of all such incidents.
ARTICLE 27 TITLES NOT RESTRICTrVE
Tate titles assivnud to true various s=ion of this Agreement are for convenience only and are generally descriptive
of the maticrx fallowing. Titles shall not be considered restrictive of the subject mracr of Lay section, or pzrt of
this Agreement.
ARTICLE 28 ACK NTEDCENIE'r'T OF ELIND- ' SOL C
The C:onrrac :or shall ,ive credit to H -GAC as the funding source in all oral presentations, written docu:mcnts,
publicity. Pmd adve:tism. =1 regttding any activities which ensue from this Agreement. The C,:onrractnr may, if
it Clects io do so, Eppea the tin21 and conch:sive decision of tae Execu6ve Director to a cnurt of competent
jurisdiction, as authorized by Anice 29, hereof,
ARTICLE 29 DISPL'TE�
Any and all disputes concerning questions of fact or of law wising under this Agreement which are not disposed
of by Agreement shall be decided by the Executive Director of H -GAC or hig designee, who shall reduce his
decision to writing and provide notice thereof to the Contractor. Tle decision of the Execmive Director or his
designee shall be final and conclusive unless. within thirty (30) days from the We of receipt of such copy, the
Contractor requests a rehearing from the Executive Director of H -GAC. In connection with any rehearing under
this Article, the Contractor shrill be afforded an opportunity to be heard and offer evidence in support of its position.
The decision of the Executive Director after any such rehearing shall be final and conclusive. Pending final decision
of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in
accordance with H -CAC's fiord decision.
ARTICLE 30 VENWE
Venue and jurisdiction of any suit, or cause of action wising u.7der or is connection with the .Agreement stall he
exclusively in Harris County, Texas.
H -GAC and thm Cor_tmcter havt executed the Agree cnt as of the date first written above.
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ACCEPTED BI's
CoNq- RACTOR
Sign.:tere __ _
N=c _
Titla
Data
AT'T'EST:
By
'Fame -
Tale
APPRON T, D:
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HOUSTON- OI .MA__COLTNICIi
SigtT
—
N.e Jack Steele
Title Executive Oirector
DRte ,dune 17, 1993
ATTEST:
By
Narse Steve Howard
Title Director Program Operations
COUNTERSIGNED BY-.
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SPECIAL PROVISIONS
INDEX
PACE
1.
Compensation
1
2.
Matching Contribution
1
3.
Period of Performance
1
4.
Inspcetion of Work
2
5,
Progress Report
n
6.
DRAFT Final Deport
2
7.
Fival Report
2
8.
Az "mo wledgement cr Fimuleia] 5upgort azsd DisY3air:x:r
2
4.
D+:sadvaatage Business Enterprises
3
10_
Non - assignability
3
11-
Tile VI Assurance
3-4
12.
iahnr Pnivision
4.5
I.I.
Drvg_1-'ree Workplace
6
14.
Energy Policy
6
15.
Clean Air Act and Federal Water Pollution, Control Act Requirement
6
15.
Deb =Pd. Bidders
C
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1. COMPENSATION
The CONTRACTOR shall he raimhursed by the H -GAC for authorized costs incurred in performance of the work
set out in this contract as specit}c.aAy described in Artathrnert A, Retailed rect.rds must be maintained to show
,,coral time devoted and cost incurred.
The CONTRACTOR shall include as part of its Request for Payment a list of all D- RE.MBE subcontractors and the
amourt to be paid to each of the subcontractors from this Request for Payment. This reTairement is in aocorda-nce
with PTA Circular 4716.1_
The CONTRACTOR will submit a renal invoice within 30 days after the completion of work. invoices submitted
lifter this time will not be honored unless prior arran;emeats are made aad approved in writing by the H -GAC.
A. M ", inum Compensation. The total reimbursement under this Agreement sha]1 not exceed S?5,00
B. Method of Payrrtert. H -GAC will reimburse the CONTRACTOR for services rendered on the basis of
allowable costs. Reimbursement shall be made monthly within thirty (30) aster the receipt of the
CONTRACTOR'S invoice. The CONTRACTOR shill submit, during the progress of work. an invoice
by tlic fifteenth (15) day of each month for work dane or expenses incurred during the previous monh.
Each i.tvUicC s:rall be accornpatiied by a progress report as described iA the Special Provisions Section 5,
Progress Reports.
2. PERIOD OP PERFORMANCE
TnC work antler 01is Agreet.rent 511a11 begin vpon reoeipr of a forma] Notice to Proceed, and shall be Completed not
later than 15 months (457 days) thereafter.
3. INSPECTION OF WORK
H.GAC shall have the right to review and inspect the progress of the work described herein at all boles.
4. PROGRESS REPORTS
The CONTRACTOR shall submit to H -GAC monthlyprogress reports, This report shall 0111l?ne wort: accomplished
during she previous month or since the last progress report for the CONTRACTOR'S work under this
These reports will include, but not be limited to, the percentage of completion of the over?-71 work projcv and each
work phase, special problems or delays encountered or anticipated, changes in tho estimated value of oach work
phase, the anticipateu work activities for the next work period, and a brief description of Work ac'74 MPUShed i9r
each task.
5. DRAFT FINAL REPORT
Upon completion of the Scope of Services, the CONTRACTOR will submit a preliminary draft report w=hich
doca:ncrits all srudy activities with supporting data to H -GAC.
6. 'FINAL REPORT
After review and final approval by H -GAC Ord ether agencies of the prelirni uy report, a ca_ -tern ready origirAl
of the firal report will be subn:,'ttcd to H -GAC within fort -five (45) gays after approval of the Draft Final Repot,
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7. ACKNIMVLEDGE IEtiT CF FINANCIAL SUPPORT AND DISCLAIMER
1'he Contractor c:.zil acknnw ?edge fir.anc.21 suppn-t whenever work fLjrded, in whole or in p=, by this Agreemenr
is publicized or reposed in any news media or publication. All reports, maps and orber documents cornpieted as
part of the Agreement, other than docrttnents prepared exclusively for internal ussd within tiie Ccr_tractor, shall
carm� the follow -mg notation of the front cover or a title page and on he face Of maps;
Preparation of this documnnt was financed in part through a grant from Section 8(d) of the U.S.
I)cpsxtment of Transporm -ion Act of 1964, as wriended.
leach report prepared by the Contractor shall also include die following disclaimer;
"The contents of this report reflect the views of the contractor, w%o is responsible for the acts and the
accuracy of the data presesited herein. The conteius do not necessarily reflect the official views or policies
of the U.S. Department Or Treisportatien or tt7e Houston - Galveston Area Council. This repast does not
constirute a standard, specification, or regulation".
8. DISADVANTAGE r3USINESS ENTERPRISES
(il Policy. It is the policy of the Depamn, ert of Transportation (DOT) that disadvrntagetl cutcrpriscs
as defined in 49 CFR Pa.'t % "s shall have the maximum opportunity to paricipate it Lhe performance of
contrncts financed in whole or part with Federal funds under this Agreemeni. Consccuandy, the DBE
reouiretnents of 49 CFR Para 23 app'.y to this Agreement.
(2) DBE Obligation. The CONTRACTOR agrees to ensure that disadvantaged business enterprises are defined
in 49 CFR Fart 23 ?lave the maxiriurt opporrvniry to participrate in the performance of contracts zn:
subcortracts financed in who ?e or in part with Federal funds provided under Iris Agreennert. let ibis regard
the CONTRACTOR shall take all necessary and reasonable stops in accordance• with 49 CFR Tart 23 to
ensure that disadvantaged bossiness enterprises have the maximum OPPO=nity to compete for and perform
contracts. The CONTRACTOR shall not discriminate on the basis of race, creed, color, nariona] origin,
age, nr sex in the award 2nd performance of DOT - assisted comracu.
H -GAC has established a goal of 15% D13E participation in its FTA third patty contracting opportunities.
Thairefore, any contract Issued under this Agreement will carry s 15% DLE participation goal.
9. NON - ASSIGNABILITY
The CONTRACTOR sh li not =.: g any interest in this Agreement nor delegate the performance of any of its
&&ties hereunder to a subcontractor or offienvi_e withoz�t the written consent of H -GAG. The Scnpe of Work,
bt:dget, and personncl assigned to the work for each subca.trz-=r must be reviewed by H -GAC prior to requesting
subcontract approvP1. All subcontractors shall be bound by The Gee -eral Provisions and Special Provisions contained
irs th4 Agreement.
10. TITLE VI ASSURANCE
Daring the to -r., of this �grcc^ crt, :he CONTRACTOR, for itself, its assignees and successors in interest agrees
as felioV. s:
(a) Cerapiiance with Regulations. The CONTRACTOR shall comply With the regulations relative to
ncndisrrir ration in Fede- allv-assiSt-d programs of he Depa. -L =ent of Tnmpomztion -,e. after, "DoT "?
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Title 49, Code of Federal Regulz-lians, Part 21, as they may be amended from time to brae (herein -after
rerernd to as the "Regulations "), which are herein incorporated by reference and made n part of this
A re_ment,
Co) Nond.iscrinnation. The CON7RAC.70R, with regard to the work performed by it during the Agreement,
shat not discrlLl'imate on the g.ound3 of race, color, religion, Sex, age, or 7i2tloa l origin in th? selection
and retention of subcontractors, including procurement of mwerials and leases of The
CONTRACTOR shall not participate cithcr directly or indirectly in the discri=,' atior prohibited by Section
21.3 of the Rcgulaticn including employment practices when the Agree== covers a program set forth in
Appendix B of the Regulations.
{c) SaIicitation for Subcontracts. including Procurersent of Materials and Ecufrment, hi ah solicitations either
by compeiitive bidding or negotiation made by tie CONTRACTOR for work to be pe-fo =tined under the
subcontract, including procurement of materials or leases of equipment, each potential subcontractor or
suopliur sh€ l bo nodiied by the CONTRACTOR of die CONTRACTOR'S obligations -ender this
Agreement 2-nd the Rcgu ?atior� rclativc to awidiscrimittation on tLe grounds of race, color, religion, age,
sex, or nation2l origin.
(c') lnfn-rnarion and Reno-ts. rae CONTRACTOR shall provide all inform. rtiort =d rupc.ts required by the
Regulations or directives issued pursuant thereto, and shall pzrmit tuu ss to its booKs, . Ulds, accounts,
other sources of informmioa. 2:zd its facilities as may be determined by H -GAC or die Federal Tra:tslt
Administration (PTA) to b: pertinent to ascermrin compliance with such Regulations, orders, 4nd
insttllc.ions. Where any Info,—matien is re6gju!md of the CONTRACTOR and is in the ex011l:swit FussLssion
of anor3ier who fails or refries to fu :fish this information, the CONTRACTOR shall so c:rify to H -GAC
or for Ftdaral Transit Ada nis.ratioa, as zppropriate and shall set forth what efforts it 1tas made to obtain
the information_
fe) 5tgnctsor_s__far 'Noncompliance. In the event of the CONTRACTOR'S noncornpliance with the
nordisc"inization provisions of this Agreement, H -GAC shall impose such sanctions as it or the Fedzral
Transit Administration may detCt:tlitie io be appropriate, including, but not limited t4:
(1) Withholding of payments to the CONTRACTOR under ttis Agrevment until the CONTRACTOR
complies, an&or
(2) Cancellation, termination, or st:spension of this Agreement, in whole or ir. pL-t.
(f) Inca oration of Provisions. The CONTRACTOR shall include the provisionx of paragraphs (a) Lhrough
(f) in every subcontract, including procare rent of materials aMd leases of equipment, u,?ess exempt by the
Regulations, or directives isv_,ed p3.rsutrt thereto. The CONTRACTOR shall take sttch action with respect
to =. ,y subcontract or procurement as H-GAC or the Urbrm 'Mass Transportation Admi:^ straticn may direct
s.s a rlear,s cf enforci:nz such provisions including sanctions for noncomplim^e. Prove ded, however, that
in the event nine CONTRACTOR becomes involved in or is threatened with litigation with a subcontractor
or supplier u a result cf vath direction, t'Le CONTRACTOR rnzy request H -GAC to enter into such
litigatior to protect the interests of H•GAC =d, in addition. the CONTRACTOR recuest the United
States to enter into such litigatior. to protect the interests of the U4ited States.
M. LABOR PROVISIONS
(1} Overfi:r_c Requirements. The CONTRACTOR or subcontractor contracting `ar ta':Y pa*i of L e Contract
wort~ which may raruire or involve the C.- nployment of laborers or met�.=ics sha:s Oct require or permit
an,y such laborer or mc; b2Zic in any work week in which %i: or she is em;lcyed. on s :, >h v-,ork to work in
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06.17%93 03:44 $`713 621 8129 HGAC 2015
excess of eight hours in any calendar day or in excess of forty hours in such work week uaiVss such laborer
or meci tide receives compensation at a rate not less t'tm one and one-half times the basic rate pay for ail
hours workrtl in excess of eight hours in any e-el =dar day or in excess of fa.-:y ho==rs is such work week,
whichevrr is greater_
(7) violanon: L'iartlity for Uttptid Wages, Liquid=d Damn2gas. In th,e event of any violation of the clause
set forth in subparagraph (b)(1) of 29 CPR Section 5.5, the CONTRACTOR and any subcont -actor
responsible ?lerefore shill be liable for the unpaid wages, In addition, the CONTRACTOR and
subcontractor shall be liable to the hinted States (in the case of work done under aontrart for t-%e District
of Columbia or a territory, to such district or to such territory), for liquidated demFees. Such liquidated
damages shall be computed with respect to etch individual laborer or mechanic, including watchrmn and
guards, employed in violation of the cla,:se net forth in subparagraph (b)(1) of 29 CFR section 5.5 in the
sum of S10 for each calendar day on which smt indi%idual was required or p- ..='ttcd to work in excess
of eight ho==rs or in excess of tha standard work week of forty hours without payment of the overtime
wages required by the clause set forth in subparagraph (b)(1) of 29 CFR Section 5.5
(3) Withholding for Unpaid Wages an=d Liquidated Damages. DOT or H -GAC shall upon its own ration or
upon written request of an authorized representative of the Depw,=at of Labor withhold or cause to be
witiheld, from any monies payable on account of work performed by the CONTRACTOR or subcontractor
ur
:der any such contract or azy other Federal contract with the saline prime eotnractor, or runy utlrer
Federally - assisted contract sub;ect to tae Contract Work Hours e:tcl Safety SLLaaatrds Aut, w..,eh is held
by the sa-^.:e prune contractor, such su=ns rray be determined to be ne::essary to satisfy Lny liabilities of
slue'= tlsc CONTRACTOR or ss:bwntrxc :or for unpaid wages and liquidated da-rages as provided in the
clause set forth in sub - paragraph (b)(2) of 29 CPR Section 5.5.
(4) :�tcacanstactioa Grw7ts. The CONTRACTOR or subcontractor =hall ni2jntain payrolls and basic payroll
records during the course of the work and shall preserve them for a period of Lhree }'cars from the
termiaation of dais Agme itnt for all lobo: ers and mtzhaaics, including guards Emil watchm,_m, performing
work imder Luis Agreement. Such records sha=ll contain the name and address of each such employee,
socirl s=_unty number, correct classification, hourly rates of wages Paid, daily and weekly number of hours
worked, dar onions made, and nctual wages paid, Further, H -GAC sbali rewire the contracting officer
to in=sert in any such Agreement a clause providing that the records to be maintained under this paragraph
shp?l b^ =ode available by the CONTRACTOR or subcontractor for Lnspection, Copying, or transcription
by autho:i =ed representatives of DOT and the Department of Labor, and the CONTRACTOR or
su,bccntra=cr wiil permit such representatives to interview ernployees during wo :king hours on the job.
(S) Subcontracts. The CONTRACTOR and subcontractor shall insert in any subcontracts the clauses set fortis
in subparagraph (1) tl--'Qugh (5) of this paragraph and also a clause requiring the subcon.r2ctars to include
these c121;ses in any lower tier su�_ontracts. The prime contractor shall be responsible for compliance by
any subcon_ractor or lower tier subcontractor tiVith the clause set forth in subparagraph (1) through (5) of
This paragraph.
12. DRUG -FREE WORKPLACE
The CONTR -kCTOR aarees t:-at if the CONTP ACTOR is a rstipient of more thni 525,000 in Federal. �sist hce
through in H -GAC subcontract, the CONTRACTOR shall provide a 'drug-free' workplace in near d -,nca with the
Drug -Free W'erkplac�t Aet (DFWA), Mach 19, 1 89. For purposes of this Secricn, "drug -free" mums a wprksite
at which emnlcyees ale prohib :,ed from engpging in the unl2wlrl manufacrure, d stribu :ion, c :spcnsation,
possession, or use of a c.cnrrolled suhsta_nce. T -he CONTRACTOR shall:
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H- UAG6-�%5-03
06; 17. 93 0 3 : 15 $713 621 5129 HG.-�C 2.016
1, Pub'ist a policy statem= prohibiting taY manufactttrz, distribution, dispensation, possession, or
use Of a cortrollcd substar.= L d notify employs of the consequences for vi411tir; thcset
prohibition;
2. Establish a drug -free awz=ess procram;
3. Provide each employee with a copy of its policy statemept; =d
4. Notify employees 11at, as a condition of ernplQymelt, the employee nwst adhere to tho ter: :5 of
&,e statement and must notify the employer of any criminal drag offense within five days of
conviction.
13. ENERGY POLICY
Contracts recognize mandatory stwdards and policies relwing to energy efficiency which are cone; ined in the
State =rLy corscn•pdon -!En issued in carmpl -ante with the Energy Policy and Conservation Act, (P.L, 94.1631),
14, CLEAN AIR ACT AND
I'EEDERAL WATER POLLUTION CONTROL ACT REQUIREMENTS
Thu Contractor agrees to comp.y With all applimb1c standards, ordcrs, or rcquircments issued lmdcr Section 346
of the C'em Air Act (42 USC 1857 (h), Section 508 of the Clczn Wz'cr Act (33 USC 1368), Executive Order
11738, ,md Enviromrertal Protection Agency regulatiorL (40 CFR, Part 15) which prohibit the use under nonexempt
Ferl °,:ral contracts, grants or loans, of facilities included on the EPA li &t for 'Violating Facilities. Contractor rhzlll
report violaticrs to FTA end tLe USEPA Assistimt Administrator for Erforcement (ENO 3?9).
15. DIvBARRED Rimm
The Contractor inrlu :ing any of its officers or holders of a wntroHit:g Luterest, is obligated to inform H -GAC
whether or not it is or has been on any debarred bidders' list maintained by the U.,itcd Statc9 Gov=lIntrit, ShovId
«ie Contractor be included on such a list during the perforrnan :e of this project, it snail so uLCUm H-GAC.
-S-
N,GAC -6-A"3
o6: 1 i ,'93 03: - 6 V713 621 5129 HGAC
ATTACHMIN"T A
SCOPE of WORK
Zo17
06:17,'93 43:46 V713 631 6129 HGAC 2018
BAYTOWN TRANSPORTATION SERVICES - PRIVATE SECTOR PAR MPATION
SCOPE OF WORK
Objective:
To further develop the public / private rarmership to plan and provide for further
development of Baytown area programs and meat the travel needs of the transportation
disadvantaged residents (elderly, handicapped and low income).
Actinides;
1. Report on existing subsidized service that the City of Baytown has provided for
over 15 years.
2. Develop a five -year plan for expansion and/or improvements.
3. Develop short -term plan for expansion and improvements.
4. Study the feasibility of a transit system.
5. Develop a multi -year plan for services development focusing on maintaining
existing performance levels while meeting needs for the target group that are not
being met (possibly the handicapped).
6. solicit proposals as appropriate for provision of transportation services from the
private sector.
7. Meetings of task force of existing transportation providers v ill be scheduled
throughout the study process.
Products:
1. Forensts of travel demand Lnd resource nerds.
2. Plan for services development and cperaticns.
3. Application(s) for Lnding service development a:.d operations (if deemed
feasible).
06,11-11,93 03:-16 'x`713 621 6129 HGAC Z, 019
ATTACHMENT a
BUDGET SUMMARY
06; 17/93 03, 47 V713 621 8129 HG.aC 2020
2,r-Count
Haber
71002
71011
71041
CITY OF MMONii I;RCITECT
FY 1992 -1593 MOM BU GBT
Budgat item
jai- ntx, &r Fall Tine
Libor 3Ldditive 41.17%
a. Retirement *► 14%
b. Social Security - 7.55%
c. Workers Comp - .004%
d. Sick Leave
e. vacation
f. Health a Dental Ins.
Subtotal of Labor Idd.
tetra Lelg -- Contract
21110 ancas
72001 Office
72002 Postage
72021 xirLor Tools
74036 ICIVertising
74041 Travel t Reibb= bias
74042 Zducatiob A Trairiag
74071 2L39oCjat7.03I Trues
.�ouat
3574.04
860.10
71.96
542.65
432.44
1041.72
462s.9i
4492.80
1200.00
400.00
.500.00
530,13
250.00
700.00
303_00
150.00
Total Budgeted Funds 25000.00