Ordinance No. 11,295ORDINANCE NO. 11,295
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, "TEXAS.
AUTHORIZIN`IG THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN INTERLOCAL AGREEMENT WITH I IARRIS COUNTY FOR THE
CONSTRUCTION OF TRANSIT SHELTERS; AUTHORIZING PAYMENT FOR
MATERIALS AND IN -KIND LABOR BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED SIXTY -ONE THOUSAND SEVEN HUNDRED
EIGHTY -SEVEN AND 70/100 DOLLARS ($61,787.70); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Clerk to attest to an Interlocal Agreement with Harris County for the
construction of transit shelters. A copy of said agreement is attached hereto as Exhibit "A," and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown hereby authorizes payment for
materials and in -kind labor in an amount not to exceed SIXTY -ONE THOUSAND SEVEN HUNDRED
EIGHTY -SEVEN AND 70/100 DOLLARS ($61,787.70) pursuant to the Agreement authorized in
Section I hereof.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100
DOLLARS ($25,000.00) or less: however, the original contract price may not be increased by more than
twenty -five percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of
the contractor to such decrease.
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 th�fCity Council of the City of
Baytown this the 28'h day of January, 2010. /(
APPROVED AS TO FORM:
etdNACIO RAMIREZ. SR., 'i , Attorney
%'cobsry IVcga1Txen\FileelCity Councillordinance02010'Jnnuary ?8UnterlocalwithHarrisCounty3TransilSitelters .doe
DONCARLOS, Mayor
Exhibit "A"
INTERLOCAL AGREEMENT
FOR CONSTRUCTION OF TRANSIT SHELTERS
IN BAYTOWN, TEXAS
THE STATE OF TEXAS
COUNTY OF HARRIS
This Agreement is made and entered into by and between the Harris
County, Texas, a public entity and governmental unit of the State of Texas,
herein after called the "County" and the City of Baytown a home rule city under
the laws of the State of Texas, hereinafter called "Baytown."
WITNESSETH
WHEREAS, certain portions of eastern Harris County lie outside the
jurisdictional boundaries and service area of the Metropolitan Transit Authority of
Harris County, Texas and does not currently have bus service; and
WHEREAS, Baytown and the County find that the operation of Fixed
Route Bus Service within the City of Baytown will enhance regional mobility,
promote economic development and support transit services within the County
and Baytown; and
WHEREAS, Baytown and the County have previously agreed to the
provision of Fixed Route Bus services in Baytown which provided in part that
Baytown would construct certain transit stops, but did not provide for installation
of shelters at such transit stops; and
WHEREAS, Baytown and the County desire to enter into this separate
agreement to provide for shelters at the transit stops;
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements and benefits to the parties herein named, it is agreed as follows:
H:DatalHarris County% ILA.0 Page 1 1m12010
ARTICLE I
Scope of Agreement.
This Agreement specifies the terms and conditions under which the County will
provide shelters, Baytown will install shelters provided by the County, and the
County will provide funding in regard to Transit Shelters at the locations
described in Exhibit A and at other locations as specified by the County. The
parties agree that each will cooperate and coordinate with the other in all
activities covered by the Agreement and any supplemental agreements hereto.
ARTICLE 2
Baytown Obligations
2.1 Baytown shall comply with all applicable local, state and federal
laws and regulations in performance of this agreement including all regulatory
requirements of the Federal Transit Administration.
2.1.1 It is the policy of the Department of Transportation (DOT) that
disadvantaged business enterprises as defined in 49 CFR Part 23 shall
have the maximum opportunity to participate in the performance of
contracts financed in whole or part with federal funds under this
Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply
to this Agreement.
DBE Obligation. Baytown agrees to ensure that disadvantaged business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity
to participate in the performance of contracts and subcontracts financed in
whole or in part with federal funds provided under this Agreement. In this
regard, Baytown shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that disadvantaged business
enterprises have the maximum opportunity to compete for and perform
contracts. Baytown shall not discriminate on the basis of race, creed,
HMata%Harris County% I1A.0 Page 2 1/21/2010
color, national origin, age, or sex in the award and performance of DOT-
assisted contracts.
Any contract issued under this Agreement will carry a 15% DBE
participation goal.
2.1.2 Baytown shall comply with the requirements of Exhibits "C" and "D ",
which are attached hereto and incorporated herein for all purposes. Baytown
agrees that it will comply as a contractor with the requirements of Exhibit D and
will also require all any subcontractor that it may use under this Agreement to
agree to the requirements of Exhibit D and provide all documentation of such
agreements as may be necessary.
2.2 During the performance of this Agreement, the County shall acquire
and deliver to Baytown, prefabricated transit shelters as well as all applicable
plans and specifications for the same sealed by a professional engineer
registered in the State of Texas, meeting all applicable codes and regulations of
the City, County and State. Provided that the County first certifies to the City in
writing that funds are available for payment as required in Article 3, Baytown, for
itself, its assignees and successors in interest (hereinafter referred to as
"Baytown" shall install or cause to be installed up to thirty (30) of those transit
shelters at those locations denoted on the attached Exhibit "A" in accordance
with manufacturer's installation instructions and sealed plans and specifications if
required. The County will cause one day of on -site training to be provided by the
manufacturer at a mutually acceptable location and time. The installation will
include the following additional requirements:
A maximum slope of 1:50 (2 %) for water drainage;
• An accessible route to the streets, sidewalks or pedestrian paths;
and
H:Datawarris County) ILA.0 Page 3 1/21/2010
. Ready access, with no physical barriers that prohibit or restrict
access by individuals with disabilities, including but not limited to
individuals using wheelchairs, and meeting all requirements of 49
CFR Part 37.
2.3 Storage of Shelters. It is anticipated that installation of the subject
shelters may take several months and installation of some shelters may be
delayed until the ridership patterns are established on the recently started "Route
3 ". Except in the case of a force majeure as defined in Section 6.2, Baytown will
be responsible for the safe storage of all shelters tendered by the County until
they are installed; provided that the City shall not be required to store more than
ten (10) shelters at any one time.
2.4 Damaged Shelters. In the event that is shelter is damaged or
destroyed after installation, Baytown will not be responsible for replacement or
repair of the items damaged except to the extent the County provides
replacement shelters or parts. The replacement may come from a stored shelter
(a "spare ") or by purchasing a replacement shelter or parts from available
American Recovery and Reinvestment Act ("ARRA ") funds. In the event that a
shelter becomes damaged or destroyed and there are no available ARRA funds,
for repair or replacement, the County may provide up to 80% of Federal Transit
Administration funds if available at the time provided that Baytown provides the
additional 20% local share cost of the repair /replacement. It is expressly
understood and agreed that the City's 20% local share cost of the
repair /replacement may be an in -kind contribution through the City's provision of
labor and /or materials.
ARTICLE 3
Payment
Baytown will submit an invoice to the County for the exact cost of the
installation as prescribed in the table of cost attached as Exhibit "B ". The County
will remit payment to Baytown within thirty (30) days after receipt of an invoice for
H:DatalHarris County) IIA.O Page 4 1/21/2010
this material and work. Notwithstanding any provision of this Agreement, the
County shall have no obligation under this Agreement to expend funds in excess
of the $61,787.70 for any purpose under this Agreement, included but not limited
to the acquisition of shelters and payment for their installation, except to the
extent that additional funds are expressly made available for such purposes by
the Commissioners Court of Harris County, at its sole option, and the County
Auditor certifies the availability of such funds for such expenditures. If the County
does not perform because of unavailability of funds, the sole remedy of Baytown
shall be termination of its services under this Agreement.
ARTICLE 4
Liability
Baytown and the County are governmental units under the Texas Tort
Claims Act.
Baytown acknowledges that it is not an agent, servant, nor employee of
the County. The County acknowledges that it is not an agent, servant, nor
employee of Baytown.
The parties expressly agree that the transportation services provided
pursuant to this Agreement are not a joint venture or enterprise. It is not the
intent of the parties that a joint enterprise relationship is being entered into and
the parties specifically disclaim such relationship. This Agreement does not
constitute a joint enterprise, as there are no pecuniary interests, no common
purpose, and no equal right of control between the parties.
ARTICLE 5
Termination and Default
5.1 Termination by Baytown or the County. Notwithstanding any other
provision of this Agreement, either Baytown or the County may, in its sole
discretion, terminate the provisions of services under this Agreement, if it
determines that it is in its best interest to do so, provided, however, that the party
seeking to terminate the provision of services under this Agreement gives written
KDatMHarris County► ILA-0 Page 5 1121/2010
notice to the other party at least thirty (30) calendar days prior to the date of
termination. In the event of termination by the County, the County agrees to pay
Baytown for work performed by Baytown up to the date of termination, less any
damages due to default by Baytown. In the event of termination by Baytown
other than for default by the County, the County agrees to pay Baytown only for
shelters which are installed prior to termination. In the event of termination by
Baytown due to default by the County, the County agrees to pay Baytown for all
work performed up to the date of termination.
5.2 Notice of Default.
5.2.1 Baytown or the County shall be deemed in default under this
Agreement if Baytown or the County in any material respect fails to perform,
observe or comply with any of its covenants, agreements or obligation, or
breaches or violates any of its representations contained in this Agreement.
5.2.2 Before any failure of either Baytown or the County shall be deemed
to be a breach of this Agreement, the party claiming such failure shall notify, in
writing, the party alleged to have failed to perform, of the alleged failure and shall
demand the party cure the default within thirty (30) calendar days. If the allegedly
failing party has not cured the default, that party will be -in default of this
Agreement, unless Baytown and the County agree to extend time for cure.
5.2.3 In the event of default, the sole remedy of the non - defaulting party
is termination of this Agreement and payment as provided in Section 5.1.
ARTICLE 6
Miscellaneous
6.1 Approvals, Further Documents. Where this Agreement requires
approval, consent, permission, agreement or authorization by either party, such
approval, consent, permission, agreement or authorization shall not be
unreasonably withheld nor delayed. The parties agree to execute such further
documents, agreements, instruments and notices as may be necessary or
appropriate to effectuate the purposes of this Agreement.
H:DatalHarrisCounty%ILA.0 Page 6 1/21/2010
6.2 Force Majeure. In the event any party is rendered unable, wholly
or in part, by force majeure to carry out any of its obligations under this
Agreement, it is agreed that on such party's giving notice and full particulars of
such force majeure in writing or by telegraph to the other party as soon as
possible after the occurrence of the cause relied upon, then the obligations of the
party giving such notice, to the extent it is affected by force majeure and to the
extent that due diligence is being used to resume performance at the earliest
practicable time, shall be suspended during the continuance of any inability but
for no longer period. Such cause shall as far as possible be remedied with all
reasonable dispatch.
The term "force majeure" as used herein, shall include, but not be limited
to acts of God, strikes, lockouts or other industrial disturbances, acts of the public
enemy, war, blockades, insurrections, riots, epidemics, landslides, lightening,
earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes,
arrests and restraints of governments and people, explosions, breakage or
damage to machines or pipelines and any other inabilities of either party, whether
similar to those enumerated or otherwise and not within the control of the parties
claiming such inability, which by the exercise of due diligence and care such
party could not have avoided.
6.3 Notices. Any notices required or permitted to be given under the
terms of this Agreement shall be in writing and shall be deemed to be given as of
the time of hand delivery to the addresses set forth below, for five (5) days after
deposit in the United States mail, postage prepaid, by registered or certified mail,
return receipt requested, addressed as follows:
To Harris County:
Harris County, Texas
Director, Harris County Community Services Department
8410 Lantern Point Drive
Houston, Texas 77054
Attention: David B. Turkel
H:Datawarris County) 1u►.0 Page 7 1/21/2010
To Baytown:
City of Baytown
2401 Market Street
Baytown, Texas 77520 -0424
Attention: City Manager
The parties will exchange email addresses for electronic communications.
6.4 Waiver. The failure of any party at any time or times to require
performance of any provision hereof shall in no manner affect the right at a later
time to enforce the same. No waiver of any party of any condition, or of any
breach of any term, covenant, representation or warranty contained herein, in
any one or more instances, shall be deemed to be constructed a further or
continuing waiver of any such condition or breach or waiver of any other
condition or of any breach of any other term, covenant, representation or
warranty.
6.5 Entire Agreement. This Agreement contains the entire agreement
of the parties with regard to the matters addressed herein. This Agreement may
not be amended, modified, superseded or canceled, nor may any of the terms,
covenants, representations, warranties or conditions be waived except by written
instrument executed by the party against which such amendment, modification,
supersedure, cancellation or waiver is to be charged.
6.6 Governing Law. This Agreement shall be constructed and
enforced in accordance with the laws of the State of Texas. Any legal action to
enforce the terms of this Agreement shall be brought in Harris County, Texas.
6.7 Headings. Headings and captions contained herein are inserted for
convenience and of reference only, and are not deemed part of or to be used in
constructing this Agreement.
6.9 Survival. Each party shall remain obligated to the other party under
all clauses of this Agreement that expressly or by their nature extend beyond the
expiration or termination of this Agreement.
H:RatalHanis County! ILA.0 Page 8 1/21/2010
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed as of the date first written above:
IN TESTIMONY OF WHICH, this Agreement, in duplicate originals, each
having equal force, has been executed on behalf of the parties hereto as follows:
a. It has on the day of , 2010, been executed on behalf
of the County by , pursuant to of the County
Commissioners Court authorizing such exec tion.
b. It has on thectiday of , 2010 been executed on
behalf of Baytown by its City Manager, pursuant action of the Baytown City
Council, attested by the City Clerk.
Harris County City of Bayto -
44,01
E)Y / o 'fir
David B. Turkel By ,� f & _ 7:'
Director of Harris County -gar =��.- . . •ack
Community Services Department - ty -sge
Approved as to form:
Vince Ryan, Harris County Attorney Attest: alf m<_1'
eticia Ga a
By: (L City Clerk
Assistant County Attorne
Approved as to form:
AUDITOR'S CERIFICATION By
4
Ignacio Ramirez, S .
I hereby certify that funds are available City Attorney
I the amount of $61,781.70 to pay the
obligation of Harris County under this
Ag Bement.
� 7 61,3112
Brbara at-J. Schott
County Auditor
H:Data\Harris ILA.O County\ Page 9 1/21/2010
g
EXHIBIT A
[shelter locations]
Garth Road @ Northwood NB
Rollin brook @ Amegy Bank
Rollin brook @ Raintree A is
Decker @ Creekside A is
Decker @ Oak Creek A is
Baker @ Village A is
Garth Road @ Target
Garth Road @ Conn's
Garth Road @ Rosemont A is
Garth Road @ Kroger
Rollin brook @ Food Town
Garth Road @ Northwood SB
Main Street @ James
Main Street @ Gulf
Lee Drive @ HC Annex
Lee Drive @ Lee College
Michigan Street @ Louisiana Street
City Hall @ Market
10th St @ Ward Rd
N Alexander @ Cedar Bayou
Ward Road @ N Alexander
N. Pruitt @ Green St
N. Pruitt @ Baytown Head Start
E. Defee @ N Gaillard
EXHIBIT B
Parks and Recreation Department
Bus Shelters Cost Estimates
2/12/2008 - Revised November 6, 2009
Installation - 5' x 10' Transit Shelter with Slab
#
Description
# Needed
Costleach
Total
1
Slab Tx 13'x 6 inches
2$
100.00
$ 200.00
2
Shelter Kit with bench, trash can & light kit
1
$ -
$ -
3
Misc. Supplies (ree bar, bolts, nails, form lumber)
1
$ 300.00
$ 300.00
4
ISignage (as required)
1
$ 300.00
$ 300.00
Total Construction Materials
$ 800.00
5
Labor (3 man crew - 24 hrsleach)
30
$ 33.06
S 991.80
6
Fringe Benefits (27% of total of #8)
27%
$ 991.80
$ 267.79
Total Labor
$ 1,259.59
Total Cost per shelter
$ 2,059.59
EXHIBIT "C"
Federal Transportation Administration Requirements
AUDIT AND INSPECTION OF RECORDS
Baytown shall permit the authorized representatives of Harris County, the
U.S. Department of Transportation (U.S. DOTS, and the Comptroller General of the United
States to inspect and audit all data and records of Baytown relating to its performance under
this Agreement. Baytown shall maintain complete and accurate records with respect to its
performance under this Agreement. 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. Baytown further agrees that Harris County shall have, until the
expiration of three (3) years after final payment of this Agreement, access to and right to
examine any directly pertinent books, documents, papers, and records concerning this
project.
OWNERSHIP OF MATERIALS
All maps, drawings, documents, data, reports, research, graphic presentation
materials, etc., developed by Baytown as a part of its work under this Agreement, shall
become the property of Harris County upon completion of this Agreement, or in the event of
termination or cancellation thereof, at the time of payment for work performed. All such
data and material shall be furnished to Harris County on request. All documents, including,
but not limited to, drawings, specifications, and data or programs stored electronically,
prepared by Baytown pursuant to this Agreement are related exclusively to the services
described herein. Any reuse without written verification of adaptation by Baytown to specific
purposes intended will be at Harris County's sole risk and without liability or legal exposure
to Baytown.
EQUAL EMPLOYMENT OPPORTUNITY
In connection with the execution of this Agreement, Baytown shall not
discriminate against any employee or applicant for employment because of race, color,
religion, age, sex, marital status, or national origin. Baytown shall take affirmative action to
ensure that applicants and employees are treated during application or employment, without
regard to their race, color, religion, age, sex, marital status, or national origin. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoffs or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeships. Baytown
further agrees to insert a similar provision in all subcontracts, except subcontracts for
standard commercial supplies or raw materials.
Title VI Compliance
During the performance of this Agreement, Baytown, for itself, its assignees,
and successors in interest agrees as follows:
A. COMPLIANCE WITH REGULATIONS. Baytown shall comply with the
Regulations relative to nondiscrimination in federally assisted programs of U.S. DOT, Title
49 CFR, Part 21, as they may be amended from time to time (hereinafter referred to as "the
Regulations "), which are herein incorporated by reference and made a part of this Agreement.
B. NONDISCRIMINATION. Baytown, with regard to the work performed by it
during this Agreement, shall not discriminate on the grounds of race, color, religion, age, sex,
marital status, or national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. Baytown shall not participate, either
directly or indirectly, in discrimination prohibited by Section 21.5 of the Regulations,
including employment practices, when this Agreement covers a program set forth in
Appendix B of the Regulations.
C. SOLICITATIONS FOR SUBCONTRACTORS, INCLUDING PROCUREMENTS OF
MATERIALS AND EQUIPMENT. In all solicitations, either by competitive bidding or
negotiation made by Baytown for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor or supplier
shall be notified by Baytown of Baytown's obligations under this Agreement and the
Regulations relative to nondiscrimination on the grounds of race, color, religion, age, sex,
marital status, or national origin.
D. INFORMATION AND REPORTS. Baytown shall provide all information and
reports required by the Regulations or directives issued pursuant thereto and shall permit
access to its books, records, accounts, and other sources of information and its facilities, as
may be determined by the Recipient or FTA to be pertinent to ascertain compliance with such
regulations, orders, and instructions. Where any information is required or is in the
exclusive possession of another who fails or refuses to furnish this information, Baytown
shall so certify to Harris County or FTA, as appropriate, and shall set forth what efforts it has
made to obtain the information.
E. SANCTIONS FOR NONCOMPLIANCE. In the event of the Baytown's
noncompliance with the nondiscrimination provisions of this Agreement, Harris County shall
2
impose such contract sanctions as it or FTA may determine to be appropriate including, but
not limited to:
1. Withholding of payments to Baytown under this Agreement until
Baytown complies; and /or
2. Cancellation, termination, or suspension of this Agreement, in whole or
in part.
F. INCORPORATION OF PROVISIONS. Baytown shall include the provisions of
Paragraphs A through F of this section in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations or directives issued
pursuant thereto. Baytown shall take such action with respect to any subcontract or
procurement as Harris County may direct as a means of enforcing such provisions, including
sanctions for noncompliance, provided, however, that in the event Baytown becomes involved
in, or is threatened with, litigation with a subcontractor or supplier as a result of such
direction, Baytown may request that they enter into such litigation to protect the interests of
Harris County.
PROHIBITED INTEREST
No employee, officer, or agent of Harris County or the Goodman Corporation
shall participate in selection or in the award of administration of a contract if a conflict of
interest, real or apparent, would be involved. Such a conflict would arise when:
the employee, officer, or agent;
any member of his or her immediate family;
his or her partner; or
an organization which employs, or is about to employ, such individuals;
has a financial or other interest in the firm selected for award. Harris County's or the
Goodman Corporation officers, employees, or agents shall neither solicit nor accept
gratuities, favors, or anything of monetary value from Baytown, potential Baytowns, or
parties of subcontracts.
INTEREST OF MEMBERS OR DELEGATES TO CONGRESS
No member of, or delegate to, the Congress of the United States shall be
admitted to any share or part of this Agreement or to any benefit arising therefrom.
3
COVENANT AGAINST CONTINGENT FEES
Baytown warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Baytown, to solicit or secure this
Agreement and that it has not paid or agreed to pay any company or person, other than a
bona fide employee working solely for Baytown, any fee, commission, percentage, brokerage
fee, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For breach of violation of this warranty, Harris County shall have the right to
annul this Agreement without liability, or at its discretion to deduct from this Agreement, the
price of consideration or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
COMPLIANCE WITH LAWS
The Contractor shall comply with all Federal, State and local laws, statutes, ordinances,
rules and regulations, and the orders and decrees of any courts or administrative bodies or
tribunals in any matter affecting the performance of this Agreement, including without
limitation, workers' compensation laws, minimum and maximum salary and wage statutes
and regulations, and licensing laws and regulations. When required, the Contractor shall
furnish Harris County with satisfactory proof of its compliance therewith.
ENERGY POLICY
Contracts shall recognize 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 (P.L. 94 -163).
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT REQUIREMENTS
Contractor agrees to comply with all applicable standards, orders, or requirements issued
under Section 306 of the Clean Air Act (42 USC 1857 (h), Section 508 of the Clean Water Act
(33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations
(40 CFR, Part 15) which prohibit the use under nonexempt federal contracts, grants or loans,
of facilities included on the EPA list for Violating Facilities.
DEBARRED BIDDERS
Contractor, including any of its officers or holders of a controlling interest, is obligated to
inform Harris County whether or not it is or has been on any debarred bidders' list
maintained by the United States Government. Should the Contractor be included on such a
list during the performance of this Project, it shall so inform Harris County.
4
DRUG -FREE WORKPLACE
The Contractor agrees that if the Contractor is a recipient of more than $25,000 in federal
assistance through an Harris County subcontract, the Contractor shall provide a "drug- free"
workplace in accordance with the Drug -free Workplace Act (DFWA), March 18, 1989. For
purposes of this Section, "drug- free" means a worksite at which employees are prohibited
from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of
a controlled substance. The Contractor shall:
1. Publish a policy statement prohibiting the manufacture, distribution, dispensation,
possession, or use of a controlled substance and notify employees of the consequences for
violating this prohibition;
2. Establish a drug -free awareness program;
3. Provide each employee with a copy of its policy statement; and
4. Notify employees that, as a condition of employment, the employee must adhere to the
terms of the statement and must notify the employer of any criminal drug offense within five
days of conviction.
POLITICAL ACTIVITY; LOBBYING
No funds 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 appropriation by
Congress, or for lobbying with state or local legislators. The Contractor, if a recipient of
federal assistance exceeding $100,000 through an Harris County subcontract, will comply
with section 319, Public Law 10 1- 121 (31 U.S.C. 1352).
5
1
s �
i
Harris County Community Services Department
Office of Transit Services
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding 5100, 000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee 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.
(2) 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.)]
(3) 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.
Certification for Contracts, Grants, Loans, and Cooperative Agreements (cont)
[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.]
The Contractor, City of Baytown , certifies or affirms the truthfulness and accuracy of each statement
of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31 U.S.C. A 3801,et seq., apply to this certification and disclosure, if any.
Executed this S" day of Februar 10
By
Signature of Con tor's Authorized Official
Garrison C. Brumback
Printed Name of Contractor's Authorized Official
City Manager
Title of Authorized Official
Covered Actions: Construction of Transit Shelters (30)
(Program, Project or Activity)
7
f
EXHIBIT "D"
FEDERAL TRANSIT ADMINISTRATION THIRD-PARTY CONTRACT CLAUSES
BUY AMERICA REQUIREMENTS
Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) 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, microcomputer equipment, software, and small purchases (currently less than
$100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are
set out at 49 U.S.C. 5323(j)(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 or offeror must submit to the FTA recipient the appropriate Buy America certification (below)
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.
Certificate of Compliance with 49 U.S.C. 5323U)(1)
The bidder or offeror hereby ifieh that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the
applicable regulations in C RPart 661.5.
Date FPhruary 1 R, 2n1 n
Signature
Company Name ty of Baytown
Title City Manager
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1)
and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A),
5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
8
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 2010,
with the following members present, to-wit: FEB 0 9 2010
Ed Emmett County Judge
El Franco Lee Commissioner, Precinct No. 1
Sylvia R. Garcia Commissioner, Precinct No. 2
Steve Radack Commissioner, Precinct No. 3
Jerry Eversole Commissioner, Precinct No. 4
And the following members absent, to-wit: , constituting a
quorum, when among other business, the following was transacted:
ORDER AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT FOR THE
INSTALLATION OF BUS SHELTERS BETWEEN HARRIS COUNTY
AND THE CITY OF BAYTOWN
Commissioner 0362i.1 o, 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. Lee ❑ ❑
Comm. Garcia ❑ ❑
Comm. Radack ❑ ❑
Comm. Eversole ❑ ❑
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:
IT IS ORDERED that David Turkel, Director of the Harris County Community Services
Department, is authorized to execute for and on behalf of Harris County, Texas, an Interlocal
Agreement for the installation of bus shelters between Harris County and the City of Baytown, said
Agreement being incorporated herein by reference for all purposes as though fully set forth word for
word.
Presented to Commissioner's Court
FEB 0 9 2010
APPROVE
Recorded Vol,____Pan