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Home My WebLink About2011-2012 SECO LIGHTING FEBG_UNKNOWNSECO ARRA Grant Final Report f VSECO- State Energy Conservation Office All subrecipients are required to submit a Final Report to the State Energy Conservation Office (SEGO) as part of their grant agreement. This report will be reviewed by your grant coordinator and SECO management as part of the grant close out process. You may be required to provide additional information to complete the close out process. This report is the first step of the process. DO NOT ALTER THE REPORT TEMPLATE. Any changes made to the standard questions, metrics or other information requested by SECO may result in the final report being rejected. Grant Number: 0750 (CS or Q& number) Entity Name: City of La Porte (Entity as listed on contract) Contract Start Date: June 13,2010 Contract End Date: June 30, 2012 Completed by: Reagan McPhail - City of La Porte Public Improvements Coordinator (Name) (Title) Completed on: July 26,2012 (Date) PART A. FUNDING Al. Have you received the final reimbursement for project costs from SECO? Yes Ale Ala. If no, please explain: A2. Have leveraged/match funding requirements been met, as detailed in the grant agreement? YesPie N/A — No leveraged/match funds in grant agreement Ala. If no, please explain: Although there were no leveraged funds indicated in the agreement, added work to the contract required the City to leverage $4,201.10. A3. Are there any unused funds remaining on the grant? Yes No A3a. If yes, please indicate how much will not be used: PART B. DELIVERABLES Bl. Have all contract deliverables/tasks been met? Yes Ale Bla. If no, please explain: Rev.3/27/12 PART C. REPORTING Cl. Have all monthly reports been submitted to date? 4es No C1a. If no, please attach any missing monthly reports to this final report. Clb. If you received a Project Completion Acknowledgement Form that released you from reporting prior to the end of the contract, what was the date on that form? M M/DD/YY C2. Have you reported all hours worked to date? This should include any hours for grantee, subcontractor and/or labor work paid for by the grant. Yes C2a. If no, please explain and include details on any hours not previously reported: C3. Provide a final narrative for the project. C3a. Summarize the project: The grant allowed the City to retrofit lighting at five facilities affecting approximately 50,000 sf of building space The entire lighting within the 15 000sf Public Works Administration & Shop Building's lights was retrofitted. C3b. Provide energy savings: Recently a review was conducted of the Public Works building, the energy usage was compared for the same time period May -July for years 2010 2011 & 2012. As a result this one building has realized a reduction of 320 kwh. C3c. List major accomplishments and/or project recognitions: Able to replace highly inefficient lighting that otherwise would have taken years to accomplish. City Council and members of staff have been pleased with results. C3d. Provide other notable improvements or successes: C4. Provide and verify cumulative metrics for the entire project. See Attachment A. C5. Provide a final property inventory for equipment, supplies and property purchased with ARRA grant funds. The inventory will include both real and personal property valued at over $5,000. Note that for photovoltaic systems, lighting projects, and other potentially high -value, modular projects, Grantees should rely on the per -unit cost of each piece of equipment. See Attachment B for more information and the inventory spreadsheet. Example: A 9.6 kW solar PV array consisting of 42 panels does not need to be reported in the inventory if the per panel cost was below $5,000. The inverter, however, would need to be reported if the value exceeds the $5,000 threshold. PART D. MONITORING D1. Has SECO Monitoring provided a final determination letter? Yes No D2. Were there findings in the final determination letter? Yes No 03. Have all findings been cleared, documented or has other appropriate action been taken? Yes No N/A— No findings D3a. If yes, please explain how the findings were cleared, documented or otherwise resolved: D3b. If no, please explain why the findings have not been cleared, documented or resolved: Have not received final letter, however have received an initial letter. 3 of the 5 findings in the initial letter have been addressed leaving a few outstanding monthly reports along with few contractor payments claimed to have gone unreported. D4. Has documentation related to final determination letter findings been supplied to SECO Monitoring or your grant coordinator? Yes No D4a. If no, please attach documentation to this final report. Again, We have not received a final determination only an initial. Subrecipients expending $500,000 or more in Federal awards during the subrecipient's fiscal year for fiscal years ending after December 31, 2003 as provided in OMB Circular A-133 must meet the audit requirements of OMB Circular A-133 (the circular is available on the Internet at http://www whitehouse.gov/sites/default/files/omb/circulars/al33/al33.pdf) and the required audits must be completed within 9 months of the end of the subrecipient's audit period. D4. If subject to the audit requirements of OMB Circular A-133, what is the current audit status? Audit was submitted to SECO Monitoring via e-mail on 5/8/2012. The undersigned certifies that the information provided in this final report is accurate, up-to-date and complete. The undersigned acknowledges compliance with the terms and conditions set forth in the Grant Agreement and the Co ptrollefs righ to it the grant, in accordance with contract terms. Signature: Date: 7/26/2012 Printed Name and Title: Reagan McPhail — City of La Porte Public Improvements ATTACHMENT A — Cumulative Metrics Building Energy Audits and Retrofits (EECBG Project Category 1) For the purpose of reporting, a building is a standalone structure and only counted once even if several different sections/areas within the building are retrofitted during the course of the contract. The square footage reported is for the affected area. For example, retrofitting a HVAC system may affect the entire building, while a lighting retrofit will only affect the square footage in the areas in which the lighting was installed. Metric Area Building Energy Audit Metric Item(s) to Report On Number of audits performed: audits Floor space audited: sq ft Auditor's projection of energy savings: kWh Roofing Retrofit Number of building roofs, retrofitted: roofs Square footage of building roofs retrofitted: sq ft Building Retrofit Number of buildings retrofitted: 5 buildings Square footage of buildings retrofitted: 50,000 sq ft Energy Management System Installation Number of energy management systems installed: systems Square footage of buildings under management: sq ft Water Conservation Retrofit Number of water conservation retrofits complete: retrofits Water Management System Installation Number of water management systems installed: systems Energy Efficient Procurement Number of energy efficient HVAC units purchased: units Number of energy efficient IT systems or software packages purchased: systems/packages Number of energy efficient outdoor area lights purchased: lights Number of energy efficient pieces of office equipment purchased: pieces Number of energy efficient refrigerators purchased: refrigerators Number of energy tracking software packages purchased: packages Number of energy efficient streetlights purchased: streetlights Number of energy efficient water heating units purchased: units Distributed Energy Technologies (EECBG Project Category 2) Area Energy Management System Installation Metric Item(s) to On ReportMetric Number of energy management systems installed: systems Square footage of buildings under management: sq ft Energy Efficient Procurement Number of energy efficient combined heat and power (CHP) units purchased: units Number of energy efficient district heating and cooling systems purchased: systems Energy Efficient Traffic Signals and Street Lighting (EECBG Project Category 3) Metric Area Transportation Metric Item(s) to Report On Number of energy efficient traffic signals installed: signals Number of energy efficient streetlights installed: streetlights Number of energy efficient street signs installed: signs Renewable Energy Technologies on Government Buildings (EECBG Project Category 4) Area Renewable Energy Market Development Metric Item(s) to On ReportMetric Number of ground source geothermal systems installed: systems Total capacity of ground source geothermal systems installed: tons Number of solar energy (PV) systems installed: systems Total capacity of solar energy (PV) systems installed: kW Number of solar thermal systems installed: systems Total capacity of solar thermal systems installed: sq ft Number of wind energy systems installed: systems Total capacity of wind energy systems installed: kW Number of other (not listed) energy systems installed: systems Total capacity of other (not listed) energy systems installed: BTU/h Oventory le rules set forth in 10 CFR 600, all property purchased with ARRA funds, having a fair market value exceeding $5,000, must be reported to the Department of Energy y is based on material costs, not installed costs — In other words, do not include the cost of labor in your calculations. Based on the records maintained by the reflects the subrecipient's closeout inventory of property (real and personal) that was provided by the DOE or partially or wholly acquired with grant funds. In things as vehicles, computers, infrared cameras, printers/copy machines, etc. that are not permanently installed. Equipment is considered personal property. Ike paper, toner cartridges, light bulbs, etc. Subrecipients should not have residual supplies which exceed $5,000. Supplies are also considered personal property. terns that have been installed as a permanent fixture of a building, and is not removable from that building without special tools, equipment and/or skills. This category ority of property purchased with ARRA funds and by completing this form, subrecipients request authorization to continue to utilize the property for its originally intended Oroperty is permanently installed as part of the building or facility, serial numbers and model numbers are not required. Nate that for photovoltaic systems, lighting pntially high -value, modular projects, subrecipients should rely on the per -unit cost of each piece of equipment. Example: A 9.6 kW solar PV array consisting of 42 panels lorted if the per panel cost was below $5,000. The inverter, however, would need to be reported if its value exceeds the $5,000 threshold. _ocation Manufacturer Model Number Serial Number Original Acquisition Date Original Acquisition Cost r AMENDMENT NO.3 TO CONTRACT NO. CS0750 BETWEEN - THE CITY OF LA PORTE AND COMPTROLLER OF PUBLIC ACCOUNTS STATE ENERGY CONSERVATION OFFICE (SECO) RELATED TO AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY AND CONSERVA'I'ION BLOCK GRANT (EECBG) This Amendment No. 3 (Amendment) to the Contract No. CS0750 (Agreement) is entered into by and between the Comptroller of Public Accounts (Comptroller) and' the City of La Ports (Subrecipient). L Recitals WHEREAS, Comptroller and Subrecipient entered into the Agreement effective September 17, 2010; WHEREAS, Comptroller and Subrecipient executed Amendment No,1 effective July 4, 2011; WHEREAS, Comptroller and Suhrecipient executed Amendment No. 2 effective December 2, 2011; WHEREAS, Comptroller and Subrecipient desire to execute this Amendment to. amend the Attachment 0, Statement of Work and Budget to the Agreement-, NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained Comptroller and the Subrecipient agree to the following amendment to the Agreement: IL Amendment The Agreement is hereby amended by deleting Attachment 0, Statement of Work and Budget to the Agreement in its entirety and replacing it with Attachment 0, Statement of Work and Budget, attached to and incorporated into this Amendment as Exhibit 1. III. Incorrooration of Amendmen A. This Amendment, together with the Agreement and any prior amendments, represents the entire agreement between the parties concerning the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral or written statements, agreements, correspondence, quotations or negotiations. B. In the event of conflicting language between the Agreement, any prior amendments, and the language in this Amendment, the language in this Amendment shall control. C. Except as expressly amended. herein, all other terms of the Agreement as amended, remain unchanged, are In full force and effect, and are ratified and affirmed by the parties. By their execution and delivery of this Amendment neither party waives or releases any default hereunder. Page 1 of 4 r._ it a V. Iv. Sismatories The undersigned signatories represent and warrant that they have .full. authority to enter into this Amendment on behalf of the respective patties named below. IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as of the date of Comptroller signature. COMPTROLLER OF PUBLIC ACCOUNTS By: Date: Page 2 of 4 City of La Porte By: 4611A Steve Gillette Interim City Manager Date: / - / 7, Exhibit I ATTACHMENT G Statement of Work and Budget — Amendment #3 City of La Porte — Energy Effielency and Conservation Block Grant Program Type of Project & Description: Activity Category: (1) Building Energy Audits & Retrofits This project consists of lighting retrofittroplarement and the installation of room occupancy sensors for multiple City facilities. ADuroved Budget Per Cost Cateeory and Payment: Subcontractor $86,365.00 Total Budget $86,365.00 Funds Leveraged $0.00 Total payments to ARRA-recipient under this Agreement shall not exceed $86,365.00 in accordance with the Agreement. Tasks to be performed in completing the project: The ARRA-recipient shall complete all of the Tasks as set forth below and the ARRA-recipient shall provide information regarding such task. (Task that includes purchasing equipment must include. how many, size, model, rating, etc. Please include the date you anticipate each laskwill be completed. The rows will expand as you tvD--. add lines as necessary) 10 City Hall-604 West Fairmont Parkway— July 2010-July Council Chambers 2011 • Replace 18 each 2x4 lay -ins, 3 lamp T-12 with T-5 fixtures • Retrofit 13 each 6' can lights with LED Kit Mechanical Roo * Replace 5 each 8', 2 Lamp, Surface Mount T-12 with T-5 fixtures Install 24 each Occupancy Sensors Recreation Fitness Center-1322 S. Broadway - July 2010-July Retrofit 59 each 6" can lights with LED Kits 2011 Qyjn —Replace 8 each metal halide with 4', 8 Lamp Surface Mount High Output T-5 with impact protection Install 32 each Occupancy Sensors Public Works-2963 N. 23rd Street — July2010-July Bays — Replace 47 each 250W MV with 4', 4 Lamp, Surface Mount, High 2011 Output T-5 Street Bay & Water/Wastewater Offices Replace 10 each, 4 Lamp, 2x4 layin T-12 with T-5 fixtures Solid Waste Bay Office Replace I each 4', 2 lamp, T-12 Surface Mount with a 4', surface mount 4 lamp, T-5 Parts Room — Replace 4 each 6', 2 Lamp, surface mount T-12 with 4 each 4', 4 Lamp surface mount T-5 Page 3 of 4 IM e — Replace 4 each 8', 2 Lamp T-12 and 1 each 4'. 2 Lamp T-12 with.4 each 4 Lamp 4' surface mount T-5 : Wambous — Replace all surface mounted 4', 2 lamp T-8 & T-12 with 10 each, 4', 4 Lamp surface mounted T-5 and locate new fixtures above the aisles Administration Office — Replace 74 each 2x4 Lay4n, 4 Lamp T-12 with T-5 fixtures Tire and Fabrication Shop — Replace 6 mercury vapor 25OW lights with surface mount 4' four lamp high out -put T-5's Special Program Center-1302 S. Broadway — July 2010-July Gym — Replace 24 each 250w, High Bay Metal Halide with High Output 4', 4 2011 Lamp surface mounted T-5 fixtures with impact protection Maintenance Bay — Replace 4 each 8', 2 Lamp surface mount T-12 with T-5 fixture. SPC— • Retrofit 7 each 6" Can Lights with LED • Replace 34 each 2x4 lay -in 3 Lamp T-12 with T-5 fixtures • Replace 10 each 2x41a -lrt 21am T-12 with T-5 fixtures Jennie Riley Civic Canter-322 N. 4 Street — December Replace 20 metal halide fixtures with 4' 4-lampT-5 fixtures with impact 2011-June 2012 protection and plug, heads to nmtch existing connections. Please note buildings over 44 years of age will require review and release by the Texas Historical Commission prior to engaging in an activity. Page 4 of 4 F. AMENDMENT NO.2 TO CONTRACT NO. CS0750 BETWEEN THE CITY OF LA PORTE AND COMPTROLLER OF PUBLIC ACCOUNTS STATE ENERGY CONSERVATION OFFICE (SECO) RELATED TO AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) This Amendment No. 2 (Amendment) to the Contract No. CS0750 (Agreement) is entered into by and between the Comptroller of Public Accounts (Comptroller) and the City of La Porte (Subrecipient). L Recitals WHEREAS, Comptroller and Subrecipient entered into the Agreement effective September 17, 2010; WHEREAS, Comptroller and Subrecipient executed Amendment No. 1 effective July 25, 2011; WHEREAS, Comptroller and Subrecipient desire to execute this Amendment to amend the Attachment G. Statement of Work and Budget to the Agreement; NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained Comptroller and the Subrecipient agree to the following amendment to the Agreement: IL Amendment The parties agree to amend the Agreement by deleting Attachment G, Statement of Work and Budget to the Agreement in its entirety and replacing it with Attachment G, Statement of Work and Budget, attached to and incorporated into this Amendment as Exhibit 1. M. Incorooratlon of Amendments A. This Amendment, together with the Agreement and any prior amendments, represents.the entire agreement between the parties concerning the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral or written statements, agreements, correspondence, quotations or negotiations. B. In the event of conflicting language between the Agreement, any prior amendments, and the language in this Amendment, the language in this Amendment shall control. C. Except as expressly amended herein, all other terms of the Agreement as amended, remain unchanged, are in full force and effect, and are ratified and affirmed by the parties. By their execution and delivery of this Amendment neither party waives or releases any default hereunder. Page 1 of 4 Iv, sismatQda The undersigned signatories represent and warrant that they have full authority to enter into this Amendment on behalf of the respective patties named below. IN WITNESS WHEREOF, the parties have executed this Amendment in duplicate originals, each of which shall constitute only one instrument. COMPTROLLER OF PUBLIC ACCOUNTS By: Martin A. Hubert Deputy Comptroller Date: Page 2 of 4 City of La Porte �711/tli SInterim City Mono r te"illette Exhibit 1 ATTACHMENT G Statement of Work and Budget — Amendment #2 City of La Porte — Energy Efficiency and Conservation Bloch Grant Program Type of Project & Description: Activity Category: (1) Building Energy Audits & Retrofits This project consists of lighting retrofit/replacement and the installation of room occupancy sensors for multiple City facilities. Approved Budget Per Cost Category and Payment: �CATEGORYE Jz_ — a ;. Lu BUDGET c t EECBG Administration $0.00 Consultant $0.00 Travel $0.00 Subcontractor $86,365.00 Project equipment $0.00 Other Direct Operating Expense $0.00 Total Budget $86,365.00 Total payments to ARRA-recipient under this Agreement shall not exceed $86,365.00 in accordance with the Agreement. Tasks to be performed in completing the project: The ARRA-recipient shall complete all of the Tasks as set forth below and the ARRA-recipient shall provide information regarding such task. (Task that includes purchasing equipment must include: how many, size, model, rating, etc. Please include the date you. anticipate each task will be completed. The rows will expand as you add lines as necessary) y°Masks ! _ tiTiineline City hall-604 West Fairmont Parkway - July 2010-July Council Chambers 2011 • Replace 18 each 2x4 lay -ins, 3 lamp T-12 with T-5 fixtures • Retrofit 13 each 6' can lights with LED Kit Mechanical Room • Replace 5 each 8', 2 Lamp, Surface Mount T-12 with T-5 fixtures • Install 24 each Occupancy Sensors Page 3 of 4 Recreation Fitness Center•1322 S. Broadway - Retrofit 59 each 6" can lights with LED Kits Gym —Replace 8 each metal halide with 4', 8 Lamp Surface Mount High Output T-5 with impact protection Install 32 each Occupancy Sensors July 2010-July 2011 Public Works-2963 N. 23rd Street— July 2010-July a s — Replace 47 each 250W MV with 4', 4 Lamp, Surface Mount, High 2011 Output T-5 Street Bay & Water/Wastewater Offices - Replace 10 each, 4 Lamp, 2x4 layin T-12 with T-5 futures Solid Waste Bay Office - Replace 1 each 4', 2 lamp, T-12 Surface Mount with a 4', surface mount 4 lamp, T-5 Parts Room — Replace 4 each 6', 2 Lamp, surface mount T-12 with 4 each 4', 4 Lamp surface mount T-5 Traffic — Replace 4 each 8', 2 Lamp T-12 and 1 each 4', 2 Lamp T-12 with 4 each 4 Lamp 4' surface mount T-5 Warehouse — Replace all surface mounted 4', 2 lamp T-8 & T-12 with 10 each, 4', 4 Lamp surface mounted T-5 and locate new fixtures above the aisles Administration Office — Replace 74 each 20 Lay -in, 4 Lamp T-12 with T-5 fixtures Tire and Fabrication Shop — Replace 6 mercury vapor 250W lights with surface mount 4' four lamp high out -put T-5's Install 13 Occupancy Sensors Special Program Center-1302 S. Broadway — July 2010-July Gm — Replace 24 each 250w, High Bay Metal Halide with High Output 4'. 4 2011 Lamp surface mounted T-5 fixtures with impact protection Maintenance Bay — Replace 4 each 8', 2 Lamp surface mount T-12 with T-5 fixture. • Retrofit 7 each 6" Can Lights with LED • Replace 34 each 2x4 lay -in 3 Lamp T-12 with T-5 fixtures • Replace 10 each 2x4lay-in 2 lamp T-12 with T-5 fixtures Please note buildings over 44 years of age will require review and release by the Texas Historical Commission prior to engaging in an activity. Page 4 of 4 AMENDMENT NO.1 TO THE AGREEMENT BY AND BETWEEN THE COMPTROLLER OF PUBLIC ACCOUNTS AND THE CITY OF LA PORTE FOR AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) Sub -Award # CS0750 This Amendment No. 1 to the Agreement for the ARRA EECBG (the "Agreement') is entered into by and between the Comptroller of Public Accounts (Comptroller) and City of La Porte (Subrecipient). This Amendment No. 1, together with the Agreement, represents the entire agreement between the parties concerning the subject matter of this Amendment No. 1 and supersedes any and all prior or contemporaneous oral or written statements, agreements, correspondence, quotations and negotiations. In the event of conflict between the Agreement and this Amendment No. 1, the language in this Amendment No. 1 shall control. I. Recitals WHEREAS, on or about September 17, 2010, the Comptroller and the Subrecipient entered into the Agreement; and WHEREAS, the Comptroller and the Subrecipient desire to execute this Amendment No. 1 to the Agreement to amend the Statement of Work; and NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained, the Comptroller and the Subrecipient hereby agree to the following amendment to the Agreement: II. Amendment Attachment G, Statement of Work and Budget, to the Agreement is hereby deleted in its entirety and is replaced with a Revised Attachment G, Statement of Work and Budget, which is attached to and incorporated into this agreement and this Amendment No. I as Exhibit I. III. Entiredes Except as expressly amended herein, all other terms of the Agreement, as amended, remain unchanged, are in full force and effect, and are ratified and affirmed by the parties. By their execution and delivery of this Amendment No. 1 neither party waives or releases any default hereunder. Page 1 of 2 IV. Signatories The undersigned signatories represent and warrant that they have full authority to enter into this Amendment No. I on behalf of the respective parties named below. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 in duplicate originals, each of which shall constitute only one instrument. Texas Comptroller of Public Accounts By: Martin A. Hubert Deputy Comptroller Ron Bottoms City Manager Date: /-A/ Page 2 of 2 ATTACHMENT G Statement of Work and Budget — Amendment #1 City of La Porte — Energy Efficiency and Conservation Block Grant Program Type of Project & Description: Activity Category: (1) Building Energy Audits & Retrofits This project consists, of lighting retrofit/replacement and the installation of room occupancy sensors for multiple City facilities. Approved Budget Per Cost Catee ry and Pavment: -COST CATEGORY BUDGET l Audit $0.00 Consultant $0.00 Travel $0.00 Subcontractor $86,365.00 Project equipment $0.00 Other Direct Operating Expense $0.00 Total Budget $86,365.00 Total payments to ARRA-recipient under this Agreement shall not exceed $86J65.00 in accordance with the Agreement. Tasks to be performed in completing the project: The ARRA-recipient shall complete all of the Tasks as set forth below and the ARRA-recipient shall provide information regarding such task. (Task that includes purchasing equipment must include: how many, size, model, rating, etc. Please include the date you anticipate each task will be completed, The rows will expand as you type, add lines as necessa ) 'Task Timeline City Hall-604 West Fairmont Parkway — July 2010-July 2011 Council Chambers • Replace 18 each 2x4 lay -ins, 3 lamp. T-12 with T-5 fixtures • Retrofit 13 each 6' can lights with LED Kit Mechanical Room • Replace 5 each 8', 2 Lamp, Surface Mount T-12 with T-5 fixtures Install 24 each Occupancy Sensors Recreation Fitness Center-1322 S. Broadway - July 2010-July 2011 Retrofit 59 each 6" can lights with LED Kits Gym _ —Replace 8 each metal halide with 4', 8 Lamp Surface Mount High Output T-5 with impact protection Install 32 each Occupancy Sensors Public Works-2963 N. 23rd Street — July 2010-July Bays — Replace 47 each 250W MV with 4', 4 Lamp, Surface Mount, High 2011 Output T-5 Street Bay & Water/wastewater Offices - Replace 10 each, 4 Lamp, 2x4 layin T-12 with T-5 fixtures Solid Waste Bay Office - Replace 1 each 4', 2 lamp, T-12 Surface Mount with a 4', surface mount 4 lamp, T-5 Parts Room — Replace 6 each 6', 2 Lamp, surface mount T-12 with 4 each 4', 4 Lamp surface mount T-5 Traffic— Replace 3 each 8', 2 Lamp T-12 and 1 each 4', 2 Lamp T-12 with 4 each 4 Lamp 4' surface mount T-5 Warehouse — Replace all surface mounted 4', 2 lamp T-8 & T-12 with 10 each, 4', 4 Lamp surface mounted T-5 and locate new fixtures above the aisles Administration Office — Replace 74 each 2x4 Lay -in, 4 Lamp T-12 with T-5 fixtures Tire and Fabrication Shoo — Replace 6 mercury vapor 250W lights with surface mount 4' four lamp high out -put T-5's Install 13 Occupancy Sensors Special Program Center-1302 S. Broadway — July 2010-July Gym — Replace 24 each 250w, High Bay Metal Halide with High Output 4', 4 2011 Lamp surface mounted T-5 fixtures with impact protection Maintenance Bay — Replace 4 each 8', 2 Lamp surface mount T-22 with T-5 fixture. SPC — • Retrofit 7 each 6" Can Lights with LED • Replace 34 each 2x4 lay -in 3 Lamp T-12 with T-5 fixtures • Replace 10 each 2A lay -in 2 lamp T-12 with T-S fixtures Please note buildings over 44 years of age will require review and release by the Texas Historical Commission prior to engaging in an activity. 41I SECO state Energy Conservation Office Local Governments and Municipalities Preliminary Energy Assessment Service Agreement Investing In our communities through Improved energy efficiency In public buildings is a win -win opportunity for our communities and the state. Energy-efftclent buildings reduce energy costs, Increase available capital, spur economic growth, and Improve working and living environments. The Preliminary Energy Assessment Service provides a viable strategy to achieve these goals. Description of the Service Th $tale Energyy�p nservalion Office (SECO) will analyze electric, gas and other utility data and work with �i�o O� LafoRTE hereinafter referred to as Partner, to Identify energy cost -savings potential. To achle a this potential, SECO and Partner have agreed to work together to complete an energy assessment of mutually selected facilities. SECO agrees to provide this service at no cost to the Partner with the understanding that the Partner is ready and willing to consider Implementing the energy savings recommendations. Principles of the Aareement Specific responsibilities of the Partner and SECO in this agreement are listed below. ✓ Partner will select a contact person to work with SECO and Its designated contractor to establish an Energy Policy and set realistic energy efficiency goals. ✓ SECO's contractor will go on site to provide walk through assessments of selected facilities. SECO will provide a report which identifies no cost/Iow cost recommendations, Capital Retrofit Projects, and pglentiaj sources of funding. Portions of this report may be posted on the SECO websile. ✓ Partner III schedule a time for SECO's contractor to make a presentation of the assessment findings key deci akers. Acceptance of Aareement ti This egreem is ul ad by anizatlon's chief executive offloor or other upper management staff. Signature: Dale: 1A I Name&Ms./Dr.) Ror/I Title: 4,2i Awn! LW Organization: a 0;.4 /aJ*100a71? Phono: 26/-V7/-.'5'Oo20 Fax: Z Street Address: _ L 6A`F74/.tAParLT f�v.!kxs�i 6/- �' S�� MallingAddress: 510 /iiGffl�if/?.C�YT��.�4c+s�1 E-Mail:AgnwIva A O✓Al-r 9D✓ 4adjk%%&,45 7757/ County: '644-2/S Contact Information: / Name Ms./Dr.): Esitil/ lqe��i�/L_ Title: ZO/ �G LA�A�Ol�2MlP/Lf ✓d/H4�'� Phone: Z4/'L e17D- SODS Fax: Z3'�/�"�7U- sue^ E-Mail: /Y�C1V 140-- 7p7;} , tm� County:ffi �VAA Please sign and mail or fax to: Stephen Ross, Local Governments and Municipalities Program Adminlslralor, State Energy Conservation Office, 111 E. 17th Street, Austin, Texas 78774. Phone: 512463-1770. Fax 512.475.2569. Exhibit E ARRA Subreohplent Affidavit I, Ron Bottomsan authorized representative of: City of La Porte. a [governmental entity] that Is receiving ARRA funding, hereby swear and affirm that, to the best of my knowledge, Internal controls, processes and procedures have been designed and Implemented to help ensure Thal the Subreciplerd and its use of these funds complies with the following: applicable data law, federal law, Including federal reporting requirements under Section 1812 of the Act, 0 applicable; rules; regulations; and other reWml guidance. I further swear and affirm that all of the statements made and Information provided herein, IncWcfing statements made and Information provided In any exhibits are We, complete, and correct, to the best of my knowledge. I understand that I am receiving ARRA funding from CPA, a Texas state agency. I understand that noncompliance with reporting requirements could be treated as a violation of the award agreement resulting In the withholding of funds, debarment, or award termination or suspension, as appropriate. I understand that 0 Is a federal alma under 18 U.S.C. Section 1001 to, In any matter within the "did= of the exeoullve branch of the U.S. OovemmenL knowingly and Wilfully make any materially false, fictitious, or fraudulent statement or representation, or to make or use any false MlIng or document knowing that It contains the same. I understand that presenting a false or fraudulent claim, In whole or In part, or causing same, may subject me to civil penalties as provided for In 31 U.S.C. Section 3729. I understand that it Is a felony offense under Section 37.10, Texas Penal Code, to knowingly make a false entry In, or false alteration of, a governments] record, or to make, present, or use a governmental record with knowledge of Its falsity, when the actor has the Intent to harm or defraud another. I understand that the offense of perjury, under Section 37.02, Texas Penal Code, Is committed when a person, with Intent to decelve and with knowledge of the statement's meaning, makes a false statement under oath of mare to the truth of a false statement previously made and the statement Is required or authorized by law to be made under oath. I understand my obligation to track all ARRA funds and that ARRA funds canna be oomingled with Non-ARRA fulls. I alsaxnderstand my obligation to Immediately report any known or suspected waste, fraud, and abuse of funds r9tVv4 under the Ad to the United States Government Accountability Office at (800) 424-6484 and the Texas State ItoOffice at (800) 892.8348. 1 further understand that I will require all subcontractors with whom I contract using f nds made available under the Act to sign a almilar affidavit swearing to all of the above. I hereby swear and afOr at 1 havarsad the entire affidavit, and I understand Its contents. Ron Bottoms Fug Name Cibr Manager n Datef o (Prints' ems of R ent's Auhorized Representat") 20fQ. lhlec9 day of lllne .LVOM Ip Cafraww" bpk" Notary Publlc, State o1 Texas 4mary, to. 2013 Notary's printed name: JMi cQ /d5 My commisclon expires: Q((Q({�T'xKJ(Sial Page 20 of 22 0 - AP-152 ( For Cornptrollees use ony ,o., (Rev.5-09V13) APPLICATION FOR TEXAS IDENTIFICATION NUMBER • See instructions on back 1. Is this a new account? ❑ YES Mail Code 000 Vf NO Enter Mail Code r Agency number Complete Sections 1 - 5 Complete Sections 1, 2 ti 5 2. TEXAS IDENTIFICATION NUMBER (TIN) -Indicate the type of number you are providing to be used for your TIN q1�1 1 - Employer Identification Number (EIN) z ❑ 2- Social Security number (SSN) Enter the number indicated n 7 4 6 0 0 1 5 5 2 n 0 P ❑ 3 - Comptrollers assigned number (FOR STATE AGENCY USE ONLY) twn 3. Are you currently reporting any Texas tax to the Comptroller's office such as sales tax or franchise tax? V YES ❑ NO If "YES," enter Texas Taxpayer Number 1 7 4 6 0 0 1 5, 5, 2, 6, PAYEE INFORMATION (Please type or print) 4. Name of payee (Individual or business to be paid) City of La Porte 5. Mailing address where you want to receive payments 604 W. Fairmont Parkway a 6. (Optional) z O F 7. (Optionao U br N 9. (Oprionaq a. City State ZIP Code LaPorte T,X, 7 7, 5, 7, 1,— 6, 2, 1, 5, 10. Payee telephone number 2 8 1 4 7 0 — 5 0 8 6 SIC Security Zone , , , (Area code and number) , code type code u (0, 1, 2) code 11. OWNERSHIP CODES - Check only one code by the appropriate ownership type that applies to you or your business. ❑ 1 - Individual Recipient (not owning a business) ❑ L - Texas Limited Partnership: If checked, enter the Texas File Number ❑ S - Sole Ownership (Individual owning a business): If checked, ❑ T - Texas Corporation: enter the owner's name and Social Security number (SSN) If checked, enter the Texas File Number Owner's name ❑ A- Professional Association: SSN n n If checked, enter the Texas File Number z 0 ❑ P- Partnership: If checked, enter two partner's names and ❑ C- Professional Corporation: U Social Security numbers (SSN). If a partner is a corporation, If checked, enter the to use the corporation's Employer Identification Number Texas File Number (EIN). ❑ O- Out -of -State Corporation Name Wf G- Governmental Entity SSN/EIN n n ❑ U- Slate agency/University Name ❑ F- Financial Institution SSN/EIN n n ❑ R- Foreign (out of U.S.A.) ❑ N - Other: If checked, explain. • 12. Payment Assignment? ❑ YES NO Note: A copy of the assignment agreement between payees must be attached. z O Assignee name v ru U) Assignee TIN Assignment date I I I 13. Comments w 0 sipreu+e ( 'zed 1 Data 0 U 14. flare ILI N Age' ranne PreWed by Phone (Area coda and number) 15. City of La Porte Phyllis Rinehart 281-470-5086 Lee, Peggy From: Lee, Peggy Sent: Tuesday, January 05, 2010 2:41 PM To: Rinehart, Phyllis Subject: RE: EECBG - Grant Sure, I sent it to Reagan as well. Thanks. From: Rinehart, PhyAs Sent: Tuesday, lanuary'05, 2010 2.41,PM To: Lee, Peggy Subject, RE: EECBG - Grant Peggy I just sent Reagan section C with my answers -can you change the answer to #10 then? Thanks, Phyllis From: Lee, Peggy Sent: Tuesday, January 05, 2010 1:50 PM To: McPhail, Reagan; Rinehart, Phyllis Cc: Bradley, Scott; Green, Shannon; Ladd, Donald; Tietjens, Tim Subject: RE: EECBG - Grant Question #10: Harris County de -obligated the Northside Neighborhood III HOME Grant funds, due to the downturn in the housing market that resulted in the inability for the City to sell the Northside Neighborhood II Grant homes within the program period. The City intends to re -apply for the de -obligated funds. From: McPhail, Reagan Sent: Tuesday, January 05, 2010 1:35 PM To: Rlnehart,.PhylAs Cc: Bradley, Scott; Lee, Peggy; Green, Shannon; Ladd, Donald Subject: EECBG - Grant Hey Phyllis, please fill out what you can of Section C. Thanks Reagan SECTION C — Controls Questionnaire The Controls Questionnaire is an Informational tool for the SECO Stimulus group. All applicants MUST complete this form. Questions withh"please explain" must be explained in the,comments.section. Attach an additional sheet If necessary. Question Yes No Comments 1. Has the entity received any federal funds in the last 3 years? ❑ 2. Does the entity receive more than $500,000 a year In federal funds? IT ❑ 3. Is the entity required to have a financial audit? EY" ❑ 4. What type of audit does the entity FinQnCiad Qudif—Qnf1Un receive and how often? ❑ ❑ 5. In the last three years have there been any findings or weaknesses during an ❑ audit or monitoring during a review of the finances and operations? If so, please explain and attach separate sheet if necessary. 6. Does the entity have written administrative policies and procedures? ❑ .A SECO waw,r�.wmw.m.. Page 8 of 11 Question Yes No Comments 7. Is the entity able to track EECBG ` he o i +y m n i ni cr I (Ns A pl o i ec+ expenses and payments separate from re� on ,�q 5Y s+ c m „� , 4 n other programs? If yes, please explain. 4 the ct c o,)n'{ # nq sy at cm , 8. Does the entity have an accounting system? 9. Does the entity have a procedure to -ncr e', +y ,,3 ould a s s i n a AE monitor the day-to-day project or ME] ,pro a c-4 r%umber -}o C 8G activity progress? Please explain, Gt Wog Id be a b k 4o 4r" ck attach additional sheet if necessary. q I I e1 fp I t ra b le Q e & ' V''I Y . 10. Has the entity had grant funds (state or federal) de -obligated in the last 5 ❑ 2 years? If yes, please explain. 11. Is the entity in good standing with any applicable debt due the State of ❑ Texas? 12. Does the entity have Internal or external Influences that would limit or ❑ LJ,_,.,/ prohibit participation in the EECBG program? S,ECO Page 9 of 11 I Lee, Pe From: SECO Stimulus [SECOStimulus@cpa.state.tx.us] Sent: Friday, January 15, 2010 1:19 PM To: McPhail, Reagan Cc: Lee, Peggy; Tietjens, Tim; Barr, Stephen; Bradley, Scott; Ladd, Donald; Pennell, Don Subject: RE: LaPorte EECBG Application Got it. Thanks. SECO ► Stimulus Funds IMPORTANT NOTICE: This communication and any attachments may contain priviledged or confidential information under the Texas Public Information Act and/or applicable state and federal laws. If you have received this message in error, please notify the sender immediately. From: McPhail, Reagan [mailto;McPhailR@laportetx.gov] Sent: Friday, January 15, 2010 10:38 AM To: SECO Stimulus Cc: Lee, Peggy; Tietjens, Tim; Barr, Stephen; Bradley, Scott; Ladd, Donald; Pennell, Don Subject: A hard copy to follow. Reagan Mc Phail — 281-470-5065 State Energy Conservation Office ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT APPLICATION Office of the Texas Comptroller of Public Accounts 111 E. 17" STREET -Room 801-A - AUSTIN, TX 78711 - 512-463-7392- W W W O T I M UIJIS.QRG/ R L O[ K G RANT Energy Efficiency and Conservation Block Grant Application Instructions Instructions: Please submit a completed Energy Efficiency and Conservation Block Grant (EECBG) application to the Comptroller's State Energy Conservation Office. Sections A, B, C and D of this application (pages 1-11) must be completed; please be accurate and thorough to avoid delays in processing. Where no response is possible, or if the question does not apply to the proposed project, it should be marked N/A. Attachments and additional pages are not required unless specifically requested in the application. Additional information will be requested if necessary. Submission Options: Completed and signed applications may be mailed, faxed or scanned and emailed to the SECO Stimulus Office. Mailing Address: Fill in the WORD form electronically, print, sign and date, and then send to: Texas Comptroller of Public Accounts Attn: SECO Stimulus 111 E. 17`h Street, Room #801-A Austin, TX 78711-1440 Email: Fill in the WORD form electronically, print, sign and date, and then send to: SECOstimulus@cpa.state.tx.us. Fax: Fill in the WORD form electronically, print, sign and date, then send by fax to: (512) 936-0042. Mark your cover sheet, Attn: SECO Stimulus. Phone: If you have questions, please contact the SECO Stimulus Division at (800) 531-5441, ext. 3-7392 or (512) 463-7392. REMINDER: Please keep a completed hard copy for your records. ATTACHMENT A Energy Efficiency and Conservation Block Grant Application (Please type or print clearly) Entity Name (The name of the governmental entity applying, e.g. City of—, County of —.): of La Porte City/County DUNS#: 010804755 TIN#: 746001552 For Texas energy stimulus programs funded by the Department of Energy, all recipients of project funding are required to obtain a DUNS Number prior to the award of grant funds. >> Request a DUNS Number online [http://fedgov.dnb.com/webform) Have you registered with Central Contractor Registration (CCR)? Yes w[M No ❑ For Texas energy stimulus programs funded by the Department of Energy, all recipients of project funding are required to register with the CCR rp for to the award of grant funds. >> Sign up for Central Contractor Registration [https://www.bpn.gov/ccr/default.aspx] Application prepared by: Name: Reagan McPhail Title: Public Improvement Coordinator Telephone: 2814705065 Email: mcphailr@laportetx.gov Is this person a Consultant? Please specify: Yes ❑ No 0 tttttittttttttttttttttttttttttttttttttttttttttttt•tttttttttttttttt►tttttt4tttittittittt►tttt Authorized Official: (The highest ranking individual that has authority to make decisions on behalf of the governmental entity. This person ultimately has the responsibility of acceptance, completion and compliance of the EECBG program and funds.) Name: Ron Bottoms Title: City Manager Email: that I m the highest Authorized Official of the City of La Porte and affirm that all of the statements made rmati rovided herein, including statements made and information provided in any attachments are true, e, n c rrect,xo toe best of my knowledge. X 1A,,, Signature of Official OVSEco Page 3 of 13 Date SECTION A — Project Summary Proposed Project Category: (Select the category your proposed project falls under. Check all that may apply.) 1. Building energy audits and retrofits (Please review Section B to determine if you need to complete the Environmental Questionnaire, NETL F 451.1-EECBG). ❑ 2: Installation of distributed energy technologies including combined heat and power (CHP) and district heating and cooling systems. ❑ 3. Installation of energy -efficient traffic signals and street lighting. ❑ 4. Installation of renewable energy technologies on government buildings (Please review Section B to determine if you need to complete the Environmental Questionnaire, NETL F 451.1-EECBG). Project Name and Location: Give the project or activity name and give a physical location. If the project will affect multiple locations, please list all affected locations.) For example: A project to retrofit lights at City Hall may read: Name: City Hall Light Retrofit Location: 1521 Great City, Best, TX 78222. Name: City of La Porte Light Retrofit/Replacement, HVAC replacement and HVAC Thermostat Replacement for Multiple City Facilities Location: City Hall - 604 West Fairmont Parkway; Public Works — 2963 N. 23f0; Fire Station # 1-124 S. 2no St.; Special Programs Center-1302 S. Broadway; Recreation Fitness Center —1322 S. Broadway; Jennie Riley Civic Center — 322 N. 41h St. Does the project or activity involve a building that is more than 45 years old, a historical building or historical site? Yes ❑ or No NJ. If yes, please list the building(s) or site name(s) and location(s): Page 4 of 13 Project Description (attach additi, LmW sheet if needed): (Explain projector activity in detail from start to finish. Please include purpose and benefit of project in addition to any equipment to be purchased, energy audits, if applicable, etc. If more than one proposed project category was chosen above, please indicate descriptions for each.) An energy audit was conducted for the City by Clearesult Consulting with lighting being their main focus. The audit identified 221 lights as being eligible for replacement. City Staff identified another 75 lights as being eligible for replacement. Staff as well identified two HVAC units that qualify for replacement, a 10 ton unit and a 5 ton unit. Staff also found an antiquated pneumatic HVAC control system located at City Hall. Fire Station #1— HVAC Replacement This project is to replace a 24 year old 10 ton A/C unit having an EER rating of 5.5 with a 10 ton unit having an EER rating of 10.5 Jennie Riley Civic Center— HVAC and Lighting Replacement Lighting -This building is approximately 30 years old. The goal is to replace 60 each interior T12 fixtures with 'SUPER' T8s, replace 8 exit lights with LEDs and replace exterior lights with wall packs. HVAC — replace an old 5 ton package A/C unit with a SEER rating of 10.2 a 5 ton package unit with a seer rating of 13. Public Works Building— Lighting Replacement Replace a total of 120 light fixtures, replace the existing 4-lamp T12 fluorescents with magnetic ballasts to 2-lamp 'Super T8s fixtures, which involve High -Output 32wT8s combined with premium electronic start ballasts. This will save about 100 watts per light cutting energy costs by half. The T12 fixtures with 8 foot lamps will be retrofitted to T8's with RLO ballasts. The replacement of the high bay Metal Halide fixtures with High -Output T5s will cut the operating cost by more than half. These fluorescents will produce less heat resulting in the reduction of cooling cost. Special Programs Center— Lighting Replacement /Retrofit The building is equipped with 67 lights of both high bay metal halide and T12 fixtures. The goal is to retrofit the 2-1amp 8 foot T12 fluorescents with RLO ballasts; the 4-lamp T12 fixtures are to be replaced with 2-lamp 'Super' T8s. The metal halide with High -Output T5s Recreation Fitness Center- Lighting Replacement /Retrofit The building has 60 lights identified as candidates for replacement or retrofit. The high bay metal halides are to be replaced with High -Output and T5 fluorescents again cutting the operating costs by more than half as well as reducing the cooling costs due to the reduction of heat being generated. The 4-lamp T12 fixtures will be replaced with 2-lamp 'Super' T8s. City Hall -Lighting Replacement/Retrofit There are 24 lights identified as candidates to be retrofitted or replaced. The 8 foot T12 lamps are to be modified by installing RLO ballasts whereas the 4-lamp T12 fixtures will be replaced with 2-lamp 'Super' T8s. HVAC— City Hall is equipped with an antiquated pneumatic control system. The City proposes to install 5 programmable thermostats, allowing for greater control over operations and increased efficiency. llt�SECO wa Em+py Cpnwvnlm ofnn Page 5 of 13 Motion Light Sensors The City proposes to install motion light detectors within the above listed buildings. Motion detectors are proposed for all restrooms, gyms, conference rooms, break rooms, mechanical rooms, exercise areas and dressing rooms for a total of 37 sensors. The City plans to divide the proposed tasks into two separate projects: Heating Ventilating Air Conditioning (HVAC) and Thermostat Replacement Project and the other Lighting Replacement /Retrofit Project. Each project will be phased: the design phase, bid phase and finally the construction phase. OSECO usmImpy C..nu ,. OIAu Page 6 of 13 Proposed project or activity dates: Start Date: April 1, 2010 End Date: October 12, 2010 Start Date: Estimated date when the entity expects to begin actual work.) End Date: Estimated date the project will be completed. All projects must be completed by April 2012.) If the project or activity will take longer than 30 days to complete please include an estimated time line. For example: Start contractor bid process: March 22, 2010 Select contractor: March 29, 2010 Purchase equipment: April 15, 2010 Contractor installs equipment: April 19, 2010 Review of contractor work: May 3, 2010 Project completed: May 3, 2010 Begin Design Phase —April 1, 2010 Begin bid process — May 3, 2010 Open Bids — May 20, 2010 City Council Contract Award —June 14, 2010 Execute Contract —June 30, 2010 Begin Construction —July12, 2010 End Construction —October 12, 2010 Estimated Energy Savings: (If known, give the proposed total energy saved and the type of energy.) For example: Energy saved: 550 kWh or: Energy saved: 100 MCF Saved: estimated annually 203,100 kwh OVSEco State mff"Co"e t1w Cate Page 7 of 13 SECTION B — Environmental Questionnaire The environmental questionnaire, Attachment NETL F 451.1-EECBG, MUST be completed ONLY IF: You have selected activity #1, Building energy audits and retrofits, AND your project FALLS OUTSIDE of the following criteria: 1. Installation of insulation. 2. Installation of efficient lighting, heating, venting, and air conditioning (HVAC) and high - efficiency shower/faucet upgrades. 3. Weather sealing. 4. Purchase and installation of ENERGY STAR appliance. 5. Installation of solar powered appliances with improved efficiency. 6. Replacement of windows and doors. You have selected activity #4 Installation of renewable energy technologies on government buildings, AND your project FALLS OUTSIDE of the following criteria: 1. Solar Electricity/Photovoltaic - appropriately -sized system or unit on existing rooftops and parking shade structures; or a 60 kW system or smaller unit installed on the ground within the boundaries of an existing facility. 2. Wind Turbine - 20 kW or smaller. 3. Solar Thermal - system must be 20 kW or smaller. 4. Solar Thermal Hot Water- such as appropriately sized for small buildings. 5. Ground Source Heat Pump - 5.5-ton capacity or smaller, horizontal/vertical, ground, closed -loop system. 6. Combined Heat and Power System - boilers sized appropriately for the buildings in which they arelocated. Biomass Thermal - 3 MMBTUs per hour or smaller system with appropriate Best Available Control Technologies (BACT) installed and operated. &SEco w�. uwarceni.rvnron ornu Page 8 of 13 SECTION C —Controls Question�,r01re The Controls Questionnaire is an informational tool for the SECO Stimulus group. All applicants MUST complete this form. Questions with "please explain" must be explained in the comments section. Attach an additional sheet if necessary. Question Yes No Comments 1. Has the entity received any federal funds in the last 3 years? r 2. Does the entity receive more than $500,000 a year in federal funds? 3. Is the entity required to have a financial audit? 4. What type of audit does the entity Annual financial audit receive and how often? 5. In the last three years have there been any findings or weaknesses during an ❑ N audit or monitorineduring a review of the finances and,operations? If so, please explain and attach separate sheet if necessary. 6. Does the entity have written administrative policies and procedures? 21 OVSECO Wt. m..yycem« ~060 Page 9 of 13 Question Yes No Comments 7. Is the entity able to track EECBG The City maintains a project reporting system expenses and payments separate from within the accounting system other programs? If yes, please explain. ❑ 8. Does the entity have an accounting system? ❑ 9. Does the entity have a procedure to The City would assign a project number to the monitor the day-to-day project or ® ❑ EECBG project that shall allow the tracking of activity progress? Please explain, all applicable activity. attach additional sheet if necessary. 10. Has the entity had grant funds (state Harris County Texas de -obligated the Northside or federal) de -obligated in the last 5 ❑ Neighborhood III Home Grant funds due to the years? If yes, please explain. downturn in the housing market. The downturn resulted in the City being unable to sell the Northside Neighborhood II Grant funds within the program period. The City's intent is to re -apply for de -obligated funds. 11. Is the entity in good standing with any applicable debt due the State of ❑ Texas? 12. Does the entity have internal or external influences that would limit or El participation in the EECBG program? OSECO H.0 FnrOY fMiNrv.tlm ofM1n Page 10 of 13 SECTION D — Budget Eligible Allocation Amount: $86,365 (The amount you are eligible to receive from SECO.) Estimated EECBG project or activity Cost: $95,605 (The cost of the EECBG project or activity you have selected.) Total cost of overall project or activity (if applicable): $ (if you will use EECBG funds as part of a larger project, please list the cost of the entire project including EECBG funds.) Budget Guidelines Budget cost must be allowable, necessary and reasonable for proper and efficient performance and administration of the activity or project. List each expense under a specific budget category and give a justification for the expense. Allowable cost categories under the Energy Efficiency and Conservation Block Grant are as follows: • Personnel and/or Consultant (up to 7%) • Personnel Travel (out-of-state travel is not allowed) • Subcontract (Project Vendors) • Project related Equipment (list all equipment individually) • Other Direct Operating Expenses (materials, supplies, and fabricated parts necessary and actually used to carry out project or activity) Unallowable expenses under the Energy Efficiency and Conservation Block Grant are as follows (this is not an exhaustive list): 1. Advertising and public relations 13. Indirect costs 2. Alcoholic beverages 14. Insurance against defects 3. Bad debts 15. Insurance on lives of officers and trustees 4. Contributions and donations 16. Interest and financing costs 5. Cost of Money 17. Investment counsel and management 6. Entertainment 18. Leases 7. Fines, penalties and late fees 19. Lobbying 8. Food and drink (except meals for authorized travel) 20. Losses on grants and contracts 9. General selling and marketing expenses 21. Memberships, dues, social and civic activities 10. Goods and services for personal use of employees 22. Organizations set up costs 11. Gratuities 23. Patent cost 12. Independent research and development 24. Any undocumented cost &S'__E.YC�O RstlFIIN%CMMrv� OIM1G Page 11 of 13 Budget Categories: List the categories in which the entity will expend funds: (For example: personnel, subcontract, project related equipment, etc.) • If the entity will have administrative cost, the details of the cost (consultant name or staff name) must be included. • If the entity will purchase project -related equipment, the equipment must be listed individually with cost. Budget Amount: Amount or estimated amount for the budget category. Justification: For each budget category, explain the reason for the expense and how the cost (or estimated cost) is determined. Budget Category Budget Amount Justification 10 ton A/C Unit $13,615.00 To replace an existing 10 ton 5.5 SEER unit for the purpose of conserving energy; Estimated total cost of materials and labor submitted by a local vendor. 5 ton A/C package $7,000.00 To replace an existing 5 ton 10 SEER unit for the conservation of energy; The cost estimate was unit determined by taking the cost of the above 10 ton unit and dividing it by 2. Motion Light Sensors $5,500.00 To install sensors to automatically control lighting usage as an additional effort to control energy costs; The cost estimate was derived from researching the cost of motion sensors and applying a multiplier of 2 to cover labor costs. Programmable $3,000.00 To replace a manual pneumatic A/C control system with a programmable system allowing for thermostats greater control of the A/C unit in an effort to reduce energy consumption; The cost estimate was determined from a recent contract to replace a programmable thermostat and applying a multiplier of 5, the cost includes all labor and materials. Super T8 fixtures $33,000.00 Replace 220 of the 4-lamp T12 fixtures with SuperTBs thus reducing energy consumption; The energy auditor Clearesult provided estimated cost for materials and a local electrician provided the cost estimate for the labor. The budget amount includes labor and materials. 8'-Lamp T12 Retrofit $4,050.00 Replace 27 of the 8' long T12 fixtures having magnetic ballast with RLO ballasts. The cost of materials was provided by the energy audit consultant and a local electrical vendor provided the cost estimate labor. The budget amount includes labor and materials cost. High Output T5 $28,200.00 Replace 94 metal halide fixtures with high output fluorescents (T5) to reduce energy Fixtures consumption and heat generation. The energy auditor provided the cost for materials with a local electrical vendor providing the cost estimate for labor. The budget amount reflects both cost of labor and materials. OV SKID W. Energy Cane~W. Page 12 of 13 LED Exit Lights $400.00 Replace 8 existing exit lights and replace with LEDs. Estimate cost is a result from the history of previous purchases. Cost includes labor plus materials. Exterior Wall pack $840.00 Replace halide wall mounted exterior lights with efficient wall pack lights. The cost estimate Lights again is the result of experiences from past purchases. The budget amount reflects labor and material costs. TOTAL BUDGET $95,605.00 00SECO suu ur.arcons....w� om« Page 13 of 13 COMPLIANCE WITH AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROVISIONS In an effort to let ARRA SECO Sub -recipients know what the major federal contract requirements will be, SECO Stimulus is providing the following descriptions of federal contract requirements prior to contracting with Sub -recipients. When a Sub -recipient receives a contract, additional guidance will be provided by the SECO Stimulus staff through webinars, kickoff meetings and individual technical assistance. An implementation manual will be provided to Sub -recipients that will provide further guidance about the following topics with forms, websites %and examples to use to comply with the requirements. If applicants have questions about any of the following information, they may contact SECO stimulus at SECOStimulus(&cpa.state.tx.us. Sub -recipients will be required to comply with several federal regulations including: • NationalEnvironmental Policy Act (NEPA); • Davis -Bacon and related acts; • Buy American Act; and • Procurement regulations. Sub -recipients that expend $500,000 or more in Federal awards annually will also be required to perform a Single Audit to comply with OMB Circular A-133. Nation Environmental Policy Act (NEPA) http://appsi.eere.energy.goy/state energy program/doe guidelines nepa.cfm The National Environmental Policy Act (NEPA) was enacted in 1969 to ensure that federal agencies consider and address any environmental impacts that result from the activities and projects they sponsor. The U. S. Department of Energy (DOE) enforces these regulations to ensure that projects do not pose a negative impact on the environment, or create environmental conditions that would negatively impact the persons served by the project. The SECO office has already received NEPA guidance from DOE SECO programs it will administer. The f6ir6win'gwroiects have be State Energy Program: -Duirding E deff n� cy and7Re06fit) • Transportation Efficiency o Traffic signals o Alternative Fuels — funds may be used to pay for incremental costs related to the purchase of alternative fuel vehicles ONLY under the categorical exclusion. Projects that propose to use funds for the development of alternative fuel 1of5 refueling stations for public entities are still required to prepare an environmental assessment or an environmental impact statement. Energy Sector Training Centers Public Education and Outreach Energy Efficiency and Conservation Block Grant Program: • Energy Audits and retrofits o Installation of insulation o Installation of efficient lighting, heating, ventilation , and air conditioning (HVAC) and high -efficiency shower/faucet upgrades o Weather sealing o Purchase and installation of ENERGY STAR appliance(s) o Installation of solar powered appliances with improved efficiency o Replacement of windows and doors Installation of energy efficient traffic signals and street lighting Installation of distributed energy technologies including combined heat and power and district heating and cooling systems Installation of Distributed Renewable Energy Technology on government buildings o Solar Electricity/Photovoltaic — appropriately -sized system or unit on existing rooftops and parking shade structures; or a 60 kW system or smaller unit installed on the ground within the boundaries of an existing facility o Wind turbine — 20 kW or smaller o Solar Thermal — system must be 20 kW or smaller o Solar Thermal Hot Water — such as appropriately sized for small buildings o Ground Source Heat Pump — 5.5-ton capacity or smaller, horizontal/vertical, ground, closed -loop system o Combined Heat and Power System — boilers sized appropriately for the building in which they are located o Biomass Thermal — 3 MMBUTUs per hour or smaller system with appropriate Best Available Control Technologies (BACT) installed and operated. Sub -recipients that have projects that are not listed above must check with their SECO Stimulus Grants Manager to determine the level of review that the project will need to complete to be in compliance with the NEPA regulations. Sub -recipient projects that are not categorically excluded must receive NEPA clearance from the Controller/SEGO/DOE staff before any work on the project may start. DOE will be responsible for completion of any environmental assessment or environmental impact statements that are required. Sub -recipients will be required to assist DOE by providing information for their projects. Sub -recipients can access the NETLF 45.1 Environmental Questionnaire. This questionnaire will be the first step needed to start the environmental assessment if it is determined that one is required. It can be found at hftp://www.seco.cr)a.state.tx.us/arra/eecbgrindex.php#dates under key dates. 2of5 Davis -Bacon and related Acts ARRA requires the payment of Davis -Bacon Act prevailing wage rates (which are determined by the U.S. Department of Labor) to all contracted workers on all construction, alteration, or repair of a public building or public work projects in excess of $2,000 (29 CFR, Parts 1, 3 and 5). States and local governments that use their own employees to perform work required by the ARRA contract do not have to pay Davis -Bacon wage rates to those employees, but must document the hours worked performing those duties. To comply with this regulation, a wage determination for the type of work being proposed must be made available to all prospective contractor/bidders. Wage determinations may be found at http://www.wdol.ciov/dba.aspx#0. Once a contractor has been chosen, weekly certified payrolls must be submitted to the Sub -recipient by the contractor. The Sub -recipient will submit the payrolls to the SECO Stimulus Grants Manager. A certified payroll form may be found at http://www.dol.gov/whd/forms. The form number is WH-347. The Sub -recipient is required to ensure that the wages paid are consistent with the wage classifications listed on the wage determination. This is accomplished through on -site interviews of the contractor's workers and a weekly review of the submitted payrolls. Other resources: • State Energy Program Frequently Asked Davis -Bacon Questions http://appsl.eere.energy.gov/state energy program/davis bacon fags.cfm • Energy Efficiency and Conservation Block Grant Program Frequently asked Davis - Bacon Questions http://www.eecbq.ener_qy.qov/davisbacon.html Buy American Provision http://wwwl.eere.energy.gov/recovery/buy american provision.html The Buy American provision in the ARRA of 2009 (section 1605 of Title XVI), provides that, subject to three listed exceptions, none of the funds appropriated or otherwise made available by the Act may be used for a project for the construction, alteration, or repair of a public building or public work unless all the iron, steel, and manufactured goods used are produced in the United States. The three exceptions are: 1. Applying the Buy American provision would be inconsistent with the public interest; 2. The iron, steel and manufactured goods are not produced in the U.S. in sufficient and reasonably available quantities and of a satisfactory quality ("nonavailability"); and 3. The inclusion of iron, steel and manufactured goods produced in the U.S. will increase the cost of the overall projects by more than 25 percent ("unreasonable cost"). 3of5 Compliance with this provision is mandatory unless a request for a waiver using one of the above reasons is applied for and approved by DOE. In order to comply, Sub -recipients will certify, through an attachment to their contract with the Comptroller that they will comply with the Buy American provisions. The certification will include a flow down requirement to each of their vendors and contractors. Sub -recipients will be required to obtain from their contractors/vendors all invoices for goods used in the construction, alteration or repair process for their projects. Such invoices should indicate that the goods were manufactured in the U.S. and shall be kept in the project files. Procurement Procurement is the process through which an entity obtains goods and services from vendors/contractors. The federal government has established a set < apply to ARRA-funded projects. These rules are in place to ensure that federal dollars are spent fairly and encourage open competition for the best level of service and price. In addition, the State of Texas has enacted a set of regulations that also apply to ARRA contracts. The Sub -recipient may also have its own procurement rules. rules mat there is a conflict between federal, state and local laws regarding procurement, the more stringent law will apply. The competitive negotiation procurement method applies to all professional service contracts paid in whole or in part with ARRA funds. Competitive negotiation procurement is used when factors other than cost are an important part of selecting the vendor. Once proposals are received and rated/ranked, the Sub -recipient is free to negotiate with one or more respondents to arrive at the most advantageous terms and price. This negotiation is the main difference between this method and the competitive sealed bids method. Competitive Negotiation is required for purchasing professional services such as engineering on ARRA projects. Construction services and materials contracts paid in whole or in part with ARRA funds must be procured using either the small purchase procurement method or the competitive sealed bids procurement method. The Local Government Code, Sec. 262.023 (c) and Sec. 252.062 (a) specifically prohibits the use of the small purchase procurement method to make separate, sequential, or component purchases of items or services, with the intent of avoiding the competitive bidding and competitive proposal requirements. For example: Small Purchase Procurement • A water line job should be one purchase, rather than individual applies to contracts or 'jobs' that cost less than $50,000. hydrants, valves, and fittings. • A water storage tank should be bid as one purchase, rather than separate purchases of site preparation, foundation, piping, valves, welding, etc. 4of5 Prior to beginning small purchase procedures, the Sub -recipient should get an estimate of the cost of the construction from the engineer. If the estimated cost is greater than $50,000, small purchase procurement is not appropriate. Procurements of equipment, non-professional services, and construction contracts whose total cost is more than $50,000 must formally advertise using competitive sealed bids and a hold a public bid opening in a newspaper of general circulation. Sealed bids are publicly solicited and a firm, fixed -price contract (lump sum or unit price) is awarded to the responsible respondent whose bid, conforming to all the material terms/conditions of the invitation for bids, is lowest and best in price. Please contact the SECO Stimulus Division with any questions at (800) 531-5441, ext. 3-7392 or (512) 463-7392 or by email at secostimulus(cDcoa. state. U. us. 5of5 Lee, Peggy From: McPhail, Reagan Sent: Tuesday, January 26, 2010 12:38 PM To: Lee, Peggy; Green, Shannon Cc: Tietjens, Tim Subject: FW: SECO Stimulus: Info on ARRA Special Provisions Well, we spoke too soon......... the feds made it easy for us to swallow that proverbial treble hook ..........here comes the bureaucratic hoop updates. From: Texas Comptroller of Public Accounts (maiito:tx.comptroller@service.govdelivery.mm] Sent: Tuesday, January 26, 2010 12:12 PM To: McPhail, Reagan Subject: SECO Stimulus: Info on ARRA Special Provisions ARRA Special Provisions SECO Stimulus has updated our Energy Efficiency and Conservation Block Grant (EECBG) Technical Guidelines and State Energy Program (SEP) Technical Guidelines to outline federal contract requirements for the following: • National Environmental Policy Act (NEPA) • Davis -Bacon and Related Acts • Buy American Act • Procurement Regulations both programs, refer to the following PDF document: ff you have problems accessing the link above, please copy/paste the following URL into your browser window: http.•//www.seco.cpa.state.a.us/arra/docs/ARRA Provisions.pdf Additional Support and Help If you have questions our team is here to help you. Please call our SECO Stimulus Phone Line at (512) 463- 7392 or Contact SECO Stimulus via our online web form. SFCO Stimulus I Technical n^ .delines for EECBG Page 1 of 3 Stimulus Funds Home dl Vs"Co Programs State Energy Conservation Office State Energy Program (SEP) • Energy Efficiency and Conservation Block Grant (EECBG) Program • Technical Guidelines • Energy Efficient Appliance Rebate Program • Energy Assurance Program Resources • Applicant Resources • Stimulus Events Calendar • Stimulus FAQs • Fraud Prevention • Contact SECO Stimulus Co Sign up for SECO Stimulus e-mail updates. e�as Stimulus EECBG Applications due by 1115110 See our EECBG application materials or the Final EECBG allocation amounts to city/county designees. EECBG FAQs For additional program details see our EECBG FAQs. Applicant Resources Refer to our Applicant Resources for helpful utility or electric links. http://www.seco.cpa.state.tx.us/arra/eecbg/guidelines/index.php 1/26/2010 SECO Stimulus I Technical C—Aelines for EECBG Page 2 of 3 EECBG Technical Guidelines See our Technical Guidelines for: • ARRA Special Provisions • Energy Calculators & Software • Reimbursement Procedures • Sample Resolution Document • ARRA Recipient Affidavit Technical Guidelines for EECBG ARRA Special Provisions SECO Stimulus has outlined federal contract requirements for the following: • National Environmental Policy Act (NEPA) • Davis -Bacon and Related Acts • Buy American Act • Procurement Regulations >> Compliance with American Recovery and Reinvestment Act (ARRA) Provisions (PDF, 68KB) Energy Calculators and Software for Buildings The federal Energy Efficiency and Renewable Energy (EERE) site has several tools and calculators that may be of use to building managers. These tools can help you make decisions about using energy efficient technologies in your buildings, as well as provide supporting data for your applications. >> EERE Energy Calculators and Software: Buildings Pre -Application Steps to Prepare for SECO Stimulus Funding In anticipation of funds being awarded through the Block Grant program, the following are preliminary steps that governmental entities can take in preparation of applying for and receiving funds. >> Pre -Application Steps Reimbursement Procedures As entities are awarded funds, there will be a procedure to follow in order to receive expense reimbursement for goods and services provided. The following is a step by step guide on how to submit and receive reimbursement for qualifying expenses. >> Reimbursement Procedures Sample Resolution One of the initial requirements for the EECBG will be that communities pass a resolution in support of their proposed project. The following is a sample resolution that may be used. Sample Resolution Document (PDF, 46KB) ARRA Recipient Affidavit As all governmental entities are aware, the funds made available through the American Recovery and Reinvestment Act of 2009 (ARRA) require an unprecedented level of transparency and accountability both at the federal and state levels. http://www.seco.cpa.state.tx.us/arra/eecbg/guidelines/index.php 1/26/2010 SECO Stimulus I Technical Q; ;Aelines for EECBG Page 3 of 3 To help ensure that recipients and sub -recipients of these funds comply with relevant federal law, state law, rules, regulations, and guidance, the Comptroller's office is requiring every recipient of ARRA funds flowing through the State Energy Conservation Office to sign an affidavit in addition to the required contract and federal assurances. The agency is also calling on recipients and sub - recipients to use the affidavit with respect to each and every sub -recipient with whom they contract using funds made available under ARRA. The affidavit makes clear that false or misleading statements provided by a recipient in connection with these funds or any misappropriation of these funds will not only be treated as a violation of the award agreement resulting in the withholding of funds, debarment, or award termination or suspension, but may also result in civil or criminal penalties, including the possibility of substantial fines and jail time. American Recovery & Reinvestment Act - Recipient Affidavit (PDF, 55KB) Required Plug-in [Adobe® Reader@] httpJ/www.seco.cpa.state.tx.us/arra/eecbg/guidelinestindex.php 1/26/2010 DECO Stimulus I Technical :1a felines for SEP Page 1 of 3 Stimulus Funds Home 4 dSECO Programs State Energy Conservation Office State Energy Program (SEP) • Building Efficiency and Retrofit Program • Transportation Efficiency Program • Distributed Renewable Energy Technology Program • Energy Sector Training Centers • Public Education and Outreach • Technical Guidelines • Energy Efficiency and Conservation Block Grant (EECBG) Program • Energy Efficient Appliance Rebate Program • Energy Assurance Program Resources • Applicant Resources • Stimulus Events Calendar • Stimulus FAQs • Fraud Prevention • Contact SECO Stimulus Co Sign up for SECO Stimulus e-mail updates. 'Cexas Stimulus WRECOVERY.coxr ©Transportation Efficiency Awards See the governmental entities receiving Alternative Fuels Awards and Traffic Signal Awards. SEP Technical Guidelines See our Technical Guidelines for: • ARRA Special Provisions • SEP Metrics Calculator • Reimbursement Procedures http://www.seco.cpa.state.tx.us/an-a/sep/guidelines/index.php 1/26/2010 SECO Stimulus I Technical felines for SEP Page 2 of 3 • ARRA Recipient Affidavit Technical Guidelines for SEP ARRA Special Provisions SECO Stimulus has outlined federal contract requirements for the following: • National Environmental Policy Act (NEPA) • Davis -Bacon and Related Acts • Buy American Act • Procurement Regulations >> Compliance with American Recovery and Reinvestment Act (ARRA) Provisions (PDF, 68KB) SEP Metrics Calculator The federal Energy Efficiency and Renewable Energy (SERE) site has a Metrics Calculator that estimates energy savings, cost savings, and carbon emission reductions resulting from individual SEP activities. These estimates can be used for SEP program status reporting. >> EERE's SEP Metrics Calculator Pre -Application Steps to Prepare for SECO Stimulus Funding In anticipation of posting Request for Applications for the SEP program, the following are preliminary steps that governmental entities can take in preparation of applying for and receiving funds. >> Pre -Application Steps Reimbursement Procedures As entities are awarded funds, there will be a procedure to follow in order to receive expense reimbursement for goods and services provided. The following is a step by step guide on how to submit and receive reimbursement for qualifying expenses. >> Reimbursement Procedures ARRA Recipient Affidavit As all governmental entities are aware, the funds made available through the American Recovery and Reinvestment Act of 2009 (ARRA) require an unprecedented level of transparency and accountability both at the federal and state levels. To help ensure that recipients and sub -recipients of these funds comply with relevant federal law, state law, rules, regulations, and guidance, the Comptroller's office is requiring every recipient of ARRA funds flowing through the State Energy Conservation Office to sign an affidavit in addition to the required contract and federal assurances. The agency is also calling on recipients and sub - recipients to use the affidavit with respect to each and every sub -recipient with whom they contract using funds made available under ARRA. The affidavit makes clear that false or misleading statements provided by a recipient in connection with these funds or any misappropriation of these funds will not only be treated as a violation of the award agreement resulting in the withholding of funds, debarment, or award termination or suspension, but may also result in civil or criminal penalties, including the possibility of substantial fines and jail time. American Recovery & Reinvestment Act - Recipient Affidavit (PDF, 55KB) http://www.seco.cpa.state.tx.us/arra/sep/guidelines/index.php 1/26/2010 ,$ECO Stimulus I Technical -.'Oelines for SEP Page 3 of 3 Required Plug-in [Adobe® Reader@] http://www.seco.cpa.state.tx.us/an-a/sep/guidelines/index.php 1/26/2010 Lee Peggy From: McPhail, Reagan Sent: Wednesday, July 21, 2010 9:58 AM To: Bradley, Scott; Ladd, Donald; Lee, Peggy; Tietjens, Tim Cc: Cream, Susan Subject: FIN: SECO Stimulus: EECBG Kick -Off Webinar & Compliance Letter Attachments: eecbg_arracomplianceletter.pdf Just -in, FYI From: Texas Comptroller of Public Accounts (mailto:tx.comptroller@service.govdelivery.com] Sent: Tuesday, July 20, 2010 5:33 PM To: McPhail, Reagan Subject: SECO Stimulus: EECBG Kick -Off Webinar & Compliance Letter EECBG Kick-off Webinar & Compliance Letter You have either received or are about to receive your Energy Efficiency and Conservation Block Grant (EECBG) contract. Once you have a fully -executed EECBG contract (signed by you and CPA) you are required to view our "EECBG Kick -Off Webinar." NOTE - If you have already participated in a Contract Kick-off for your award, you may disregard this message. The ❑EECBG ARRA Compliance Letter (PDF, 69KB), also attached to this e-mail, contains specific American Recovery and Reinvestment Act compliance information that you must follow regarding Buy American, Davis -Bacon, National Historic Preservation Act and procurement matters. It is important that you read this letter. For your convenience, we have a More- recorded EECBG Kick-off Webinar (for Windows 2000 or higher) available. This webinar provides detailed information on the following items: 1. Contract Scope and Summary 2. Communication Protocol 3. Invoice Reimbursement 4. Administrative Issues 5. Federal Compliance Before You Begin: • You may want to have available a copy of your Contract Agreement as reference. • You may want to print the ❑EECBG Kick-off Webinar File (PDF, 420KB) that will be reviewed during the webinar. If you have additional quest:;-:s or if you experience probler--_ ✓iewing or accessing the Webinar, you may contact your grants coordinator by e-mail, secostimuIus@cpa.state. tx.us, or call (512) 463-7392 or toll -free (800) 531-5441, ext. 37992. 0 Add Comptroller topics to your subscription or stop subscriptions at anytime. If you have questions or problems with this subscription service, please contact suRnortna,Rovdeliverv.com. Get quick Comptroller news and information you need to do business in Texas. GovDelivery, Inc. sending on behalf of Texas Comptroller of Public Accounts 111 East 171h Street . Austin TX 78774 - 888-334-4112 Dear EECBG Sub -Recipient: At this time you should have received or are about to receive your Energy Efficiency and Conservation Block Grant (EECBG) contract. Due to the nature of the American Recovery and Reinvestment Act (ARRA) and under the terms of the EECBG contract, both the state and federal agencies have an obligation to insure that the use of these funds comply with all the requirements in the contract. While all the terms of the contract are important, this letter highlights unique requirements of ARRA funds. Specific guidance on complying with the requirements is provided in greater detail at: http://www.seco.cpa.state.tx.us/arra/guideIines/index.Phi). Procurement Federal regulations explicitly provide that state and local procurement requirements apply to these funds as long as they are consistent with federal requirements in Volume 10 Code of Federal Rules (CFR) Section 600.236. These requirements generally reflect the standard government procurement practices that are already in place under state law. The most significant aspect for you is that you should have in place written procurement procedures before you purchase goods or services and you should fully document the steps you take in purchasing the particular goods and services for this project. By complying with these two procurement fundamentals, your use of the funds should be able to withstand any scrutiny that may come from the federal and state agencies as well as the general public. More information on procurement procedures can be found at: http://www.seco.cpa.state.tx.us/arra/docs/ARRA Provisions 02 16 I O.pdf. Buy American Under ARRA, Congress has required all iron, steel, and manufactured goods purchased with stimulus funds that will be used for construction, maintenance or repair of a public building be produced in the United States. Exceptions are allowed, but all exceptions to this provision have to be approved by the U.S. Department of Energy (DOE). DOE has also provided waivers for some products; however, the key to compliance is documentation. You should make sure that your suppliers and/or contractors investigate the sources of supplies for the project and provide certifications that they have complied with the Buy American provision, either by purchasing American products or by getting an exemption from DOE. More information on the Buy American requirements and product waivers DOE has issued can be found at: http•//wwwl.eere.energy.gov/recovery/buy american nrovision.html. Further, you can find a sample Buy American certification document which can be used by your entity to demonstrate compliance at htti)://www.seco.c[)a.state.tx.us/arra/docsfBuy American Certification.odf. Davis -Bacon wage determinations O(%t L-A .t r The wages paid to laborers and mechanics on the work site of a public works project must be prevailing waj&La5 determined by the U.S. Department of Labor (DOL) which is easily found at: http://www.dol izov/whd/contracts/dbra.ht-M. The DOL wage determinations must be included in tiSns ruc ion contracts. Ttie ir67f st submit certified payrolls to you weekly and you must submit the original weekly certified payrolls to the SECO Stimulus Grants Coordinator. More information on Davis -Bacon can be found at http://wwwl eere.energv.izov/wip/davis-bacon act.html#eecbg. Ww .WINDOW.STATE.TX.Us 512.4453-4000 • TOLL FREE: I-800.531-5441 • FAX: 512-4453.49455 n.4O National Environmental Policy Act The U.S. Department of Energy (DOE) enforces these regulations to ensure that projects do not pose a negative impact on the environment, or create environmental conditions that would negatively impact the persons served by the project. Many projects have already been cleared by DOE, but if your project has not been "categorically excluded," you must receive NEPA clearance from the SECO Stimulus staff or DOE staff before any work on the project may start. DOE will be responsible for completion of any environmental assessment or environmental impact statements that are required and you will be required to assist DOE by providing information for their projects, if necessary. More information can be found at htto://wwwl.eere.energy.gov/wip/i)dfs/nepa program guidance notice 10-003.odf. National Historic Preservation Act i The National Historic Preservation Act (NHPA) imposes additional requirements for projects that may have a negative impact on any structure or building. This applies to any structure or building that is 1) forty-five (45) years of age or older; 2) listed in or eligible for listing in the National Register of Historic Places; or, 3) located in an eligible historic district or in a locally designated historic district. Similar to NEPA, many projects have already been cleared by the Texas State Historic Preservation Officer, but unless your project has been positively identified as not falling into the excluded categories, you must receive NHPA clearance from the Texas State Historic Preservation Officer before any work on the project may start. The Texas Historical Commission (THC) serves as the Texas State Historic Preservation Officer and THC will be responsible for completion of any historical assessments. You will be required to assist THC by providing information to them for your projects, if necessary. You may contact THC through the website: http•//www.thc.state.tx.us/cnn/crmdefault.shtml or by calling Linda Henderson, Historian, at linda.hendersonna,thc.state.tx.us, or Elizabeth Butman, State Coordinator for Project Review, at 512/463- 6167 or elizabeth.butmanQthc.state.tx.us. More information can also be found at httt)://www.seco.ci)a.state.tx.us/arra/guideIines/index.phi). Waste Disposal Almost every project is going to produce construction materials that have to be thrown away. Under the terms of the ARRA grant, you will have to be particularly aware of any sanitary or hazardous waste that may be generated in the course of your project. Sanitary or hazardous waste includes, but is not limited to, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, asbestos, etc. Specifically, you are required to have a written plan for disposal of any sanitary or hazardous waste that may be generated in the course of your project. The Comptroller's Office is always ready to assist you toward the successful completion of your project. As stated earlier, specific guidance on complying with these requirements is provided in greater detail at http://www.seco.coa.state.tx.us/arra/docs/ARRA Provisions 02 16 10.odf. Additional resources are provided at the State Energy Conservation Office — Stimulus internet page: www.secostimulus.org under "Technical Guidelines." We are alsojust a phone call away at (512) 463-7392. Thank you for participating in this important program. We look forward to working with you! Sincerely yours, The SECO Stimulus Grants Team Susan Combs Texas Comptroller of Public Accounts The American Recovery and Reinvestment Act of 2009 (ARRA) allocated $45,638,loo to the Texas State Energy Conservation Office (SECO) for Energy Efficiency and Conservation Block Grant (EECBG) funds. The EECBG program is intended to assist cities and counties to develop, promote, implement and manage energy efficiency and conservation projects and programs designed to: reduce fossil fuel emissions; • reduce the total energy use of the eligible entities; • improve energy efficiency in the transportation, building and other appropriate sectors; and • create and retain jobs. During this application review and contracting phase, eligible cities and counties can begin to prepare for their upcoming EECBG activities in anticipation of final project approval. Below are some helpful tips for EECBG recipients to consider in order to maximize their investments and get the highest level of energy efficiency out of their projects. 1. Research Products When looking for products to complete your EECBG projects, research the products you intend to purchase. ENERGY STAR products are federally approved to meet strict EPA and DOE energy efficiency standards and are good options for products such as light bulbs, HVAC units, refrigerators, windows and more. Visit energystar.gov for more information on qualifying products. Be sure to choose an appliance size that is most efficient and applicable for the energy needs of the building. 2. Research Vendors As you look for partners to install equipment or perform building retrofits, do your research. First, be sure to follow the procurement rules outlined in our Technical Guidelines (http://www.seco.cpa.state.tx.us/arra/eecbg/guidelines/). Next, check vendor references and resources such as your Better Business Bureau. Be sure that the vendor can handle your type of project and is available for follow-up appointments as necessary. Additional resources that allow you to verify vendor el* 'bili for federal funds through this program include the Exc u e artier I -Is Sys[em ttps://www.epls.gov/), which verifies, ether a mpany is on e e arment list; and t e Texas Taxable Entity Search Chttps://ourcpa.cpa.state.tx.us/coa/Index.htm]) to determine whether a taxable entity is in good standing for the Texas Franchise Tax. 3. Check Technical Guidelines for EECBG To ensure there are no delays in reimbursement, EECBG recipients should review and stick to the ARRA Special Provisions found on the SECO Stimulus Web site. By sticking to the federal contract requirements, not only can SECO reimburse the funds quickly but reporting will also be easier. Visit our Web site for a summary of Compliance with American Recovery and Reinvestment Act (ARRA) Provisions. (http://www.seco.cpa.state.tx.us/arra/docs/ARRA_Provisions.pdf) . NOTE: SECO does not have any preferred vendors and does not require EECBG cities and counties to conduct an audit. If an energy audit is selected as an EECBG project, it must be completed first in order to prioritize other activities. Fraud Prevention If you suspect scams, fraud or unethical ac- tivity related to the EECBG program, please notify SECO. The SECO Stimulus Fraud Preve- tion page (httpd/www.seco.cpa.state.tx.us/ arra/fraud/) has links to resources that shed light on current scams and the various places to file complaints. Overall, use your bestjudg- ment. If it doesn't seem right, ask questions before you proceed. For more information on Energy Efficiency and Conservation Block Grants, go to: www.secostimulus.org/blockgrant/ SECO Stimulus (512)463-7392 secostimulus@cpa.state.tx.us Sign up to receive e-mail updates on the Comptroller topics of your choice at: www.window.state.tx.us/subscribe/ ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT KICK-OFF WEBINAR DOE Award Number: DE-EE0000893 CFDA Number: 81.128 SECO Stimulus Grants Coordinator Directory Linda Costley 512.936.8570 Linda.Costlevna.cya.state.tx.us Regions 3 & 6 Stephanie Jones 512.463.4594 Stephanie.Jones(a.cna.state.tx.us Regions 4 & 5 Stimulus Team 512.463.7392 Secostimulus(a)cpa.state.tx.us Regions 7 & 8 Mary -Jo Woodall 512.463.2637 Marv-Jo.Woodall(a�cpa.state.tx.us Regions 1 & 2 Main Line 512.463.7392 Secostimulus@cpa.state.tx.us Toll Free Number 800.531.5441 ext 37392 SECO Stimulus Regions: Region 1: Panhandle/South Plains Region 2: Permian Basin/Rio Grande Region 3: West Central/Concho Valley Region 4: North/North Central/Texoma Region 5: Ark-Tex/East/Deep East Texas Region 6: Heart/Capital/Brazos Valley/Alamo/Central Texas Region 7: South East/Houston-Galveston (Gulf Coast)/Golden Crescent Region 8: Coastal Bend/Lower Rio Grande Valley/South Texas/Middle Rio Grande For more information on energy related Texas Stimulus and the American Recovery and Reinvestment Act of 2009, please visit: http://www.secostimulus.org I. Federal Compliance COMPLIANCE WITH AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROVISIONS Sub -recipients will be required to comply with several federal regulations including: • Procurement regulations • National Environmental Policy Act (NEPA); • Davis -Bacon and related acts; and • Buy American Act Sub -recipients that expend $500,000 or more in Federal awards annually will also be required to perform a Single Audit to comply with OMB Circular A-133. Those entities that are required to perform an A-133 audit must separately report the ARRA funds on their Schedule of Expenditures of Federal Awards (SEFA). A. Procurement Procurement is the process through which an entity obtains goods and services from vendors/contractors. The federal government has established a set of procurement rules that apply to ARRA-funded projects. These rules are in place to ensure that federal dollars are spent fairly and encourage open competition for the best level of service and price. Know your policy • Follow the established process and guidelines Document, document, document More information on procurement can be found at htto://www.seco.coa.state.tx.us/arra/guidel ines/i ndex.phi)#provisions B. Davis -Bacon and Related Acts ARRA requires the payment of Davis -Bacon Act prevailing wage rates (which are determined by the U.S. Department of Labor) to all contracted workers on all construction, alteration, or repair of a public building or public work projects in excess of $2,000 (29 CFR, Parts 1, 3 and 5). States and local governments that use their own employees to perform work required by the ARRA contract do not have to pay Davis -Bacon wage rates to those employees, but must document the hours worked performing those duties. To comply with this regulation, a wage determination for the type of work being proposed must be made available to all prospective contractor/bidders. Wage determinations may be found at htto://www,wdol.gov/dba.asr)x#0. Once a contractor has been chosen, weekly certified payrolls must be submitted to the Sub -recipient by the contractor. The Sub -recipient will submit the payrolls to the SECO Stimulus Grants Coordinator. A certified payroll form may be found at htto://www.dol.gov/whd/forms. The form number is WH-347. The Sub -recipient is required to ensure that the wages paid are consistent with the wage classifications listed on the wage determination. i Other resources: Energy Efficiency And Conservation Block Grant Davis -Bacon Guidance: httn://wwwl.eere.enerev.eov/win/davis-bacon act.html#eecbe C. Buy American Provision DOE issued guidance on the Buy American provisions on May 24, 2010. The guidance maybe found at: htto://wwwl.eere.energy.gov/recovery/buy american provision.html The Buy American provision in the ARRA of 2009 (section 1605 of Title XV I), provides that, subject to three listed exceptions, none of the funds appropriated or otherwise made available by the Act may be used for a project for the construction, alteration, or repair of a public building or public work unless all the iron, steel, and manufactured goods used are produced in the United States. The three exceptions are: I. Applying the Buy American provision would be inconsistent with the public interest; 2. The iron, steel and manufactured goods are not produced in the U.S. in sufficient and reasonably available quantities and of a satisfactory quality ("nonavailability"); and 3. The inclusion of iron, steel and manufactured goods produced in the U.S. will increase the cost of the overall projects by more than 25 percent ("unreasonable cost'). Compliance with this provision is mandatory unless a request for a waiver using one of the above reasons is applied for and approved by DOE. D. National Environmental Policy Act (NEPA) httn://www.seco.ci)a.state.tx.us/arts/ The National Environmental Policy Act (NEPA) was enacted in 1969 to ensure that federal agencies consider and address any environmental impacts that result from the activities and projects.they sponsor. The U.S. Department of Energy (DOE) enforces these regulations to ensure that projects do not pose a negative impact on the environment, or create environmental conditions that would negatively impact the persons served by the project. Some SECO Stimulus projects may require environmental impact statements or an environmental assessment. Applicants will be notified if NEPA review will be required for their project. Once DOE has completed its NEPA review and clears the project, SECO Stimulus will issue a contract for the project. DOE will be responsible for completion of any environmental assessment or environmental impact statements that are required. Sub -recipients may be required to assist DOE by providing information for their projects, if necessary. Many Texas EECBG program areas have been categorically excluded(CX) from further NEPA review. As such, contracts have been issued for projects falling within the following program areas: • Building Efficiency and Retrofit Installation of insulation • Installation of efficient lighting, heating, venting and air conditioning (HVAC) and high efficiency shower/faucet upgrades • Weather sealing • Purchase and installation of ENERGY STAR appliances • Installation of solar powered appliances with improved efficiency • Replacement of windows and doors • Transportation Efficiency • Traffic signals • Alternative Fuels • Installation of energy efficient traffic signals and street lighting Installation of distributed energy technologies including combined heat and power and district heating and cooling systems • Installation of Distributed Renewable Energy Technology on government buildings • Solar Electricity/Photovoltaic — appropriately -sized system or unit on existing rooftops and parking shade structures; or a 60 kW system or smaller unit installed on the ground within the boundaries of an existing facility • Wind turbine —20kW or smaller • Solar Thermal — system must be 20 kW or smaller • Solar Thermal Hot Water— such as appropriately sized for small buildings • Ground Source Heat Pump — 5.5-ton capacity or smaller, horizontal/vertical, ground, closed -loop system • Combined Heat and Power System — boilers sized appropriately for the building in which they are located • Biomass Thermal — 3 MMBTUs per hour or smaller system with appropriate Best Available Control Technologies (BACT) installed and operated. The completion of NEPA review by DOE, including the granting of a Catagorical Exclusion determination, and the release of Federal funds do not exempt the Sub -recipient from complying with all applicable federal, state and local laws and other environmental requirements. For example, a Sub -recipient should comply with any waste management laws applicable to its projects, such as for the proper recycling or disposal of wastes generated by building retrofits or the installation of renewable energy systems. DOE makes a CX determination or completes an EA or EIS in order to comply with NEPA. This does not substitute for compliance with other applicable requirements by the Sub -recipient. Compliance with NEPA includes complying with the National Historic Preservation Act of 1966. Properties undergoing reconstruction or retrofit that are over forty-five (45) years old, listed on or eligible for listing on the National Register of Historic Places, are located in aNational Register listed or eligible historic district, or that are in a locally designated historic district or are designated as State Archeological Landmarks under the Antiquities Code of Texas and ALL courthouses may be required to submit a description of their project to the State Historic Preservation Officer (SHPO). The Comptroller has signed a Memorandum of Understanding with the SHPO for review of these projects. A list of projects that are exempt from review by the SHPO and a list of projects that must be reviewed by the SHPO may be found on the SECO Stimulus Website at: http://www.seco.cpa.state.tx.us/arra/ E. National Historic Preservation Act The National Historic Preservation Act impose additional requirement for projects that may have a negative impact on any structure or building that is forty-five (45) years of age or older, that is listed in or eligible for listing in the National Register of Historic Places, that is located in a National Register listed or eligible historic district, or that is in a locally designated historic district. Similar to NEPA, many projects have already been cleared by the Texas State Historic Preservation Officer, but unless your project has been positively identified as not falling into the excluded categories, you must receive NHPA clearance from the Texas State Historic Preservation Officer staff before any work on the project may start. The Texas Historical Commission serves as the Texas State Historic Preservation Officer and THC will be responsible for completion of any historical assessments. You will be required to assist THC by providing information for their projects, if necessary. You may contact THC through the website: hni)://www.thc.state.tx.us/cmi/crmdefault.shtml H. Contract Agreement A. Conflict of Interest A. Financial Interest Prohibited. ARRA-recipient shall ensure (except for eligible administrative or personnel costs) that no person who (i) is an employee, agent, consultant, officer, or elected official or appointed official of the ARRA-recipient or of a subcontractor of ARRA-recipient, and (ii) who exercises or has exercised any functions or responsibilities with respect to the activities assisted under this ARRA- recipient Agreement or is in a position to participate in a decision making process or gain inside information with regard to such activities, may have an interest in or benefit from the activity or have any interest in the ARRA-recipient Agreement or a subcontract for the of ARRA-recipient Agreement, during the persons tenure with ARRA-recipient or a subcontractor of ARRA-recipient and for at least one year thereafter. ARRA-recipient shall apply the requirements of this subsection to employees, agents, consultants, officers, and elected and appointed official of the ARRA-recipient and any subcontractors of ARRA-recipient as well as any member of such persons immediate families, their partners, and any organization that employs, or is about to employ any of the above. ARRA-recipient shall comply with Chapter 171, Texas Local Government Code. B. Reimbursement A. ARRA-recipient agrees to make no request for reimbursement prior to return of this Agreement signed by the authorized ARRA-recipient representative. ARRA-recipient also agrees to make no request for reimbursement for goods or services procured by ARRA-recipient prior to the performance period start date of this Agreement or after the performance period end date of this Agreement; except that CPA may reimburse expenditures made prior to the return of this Agreement signed by the authorized ARRA- recipient representative if: • The expense is directly related to the EECBG "approved" project • The expense was not incurred prior to the signing of the Notification of Intent to participate in the EECBG program • The expense meets all ARRA provisions, state and federal laws and regulations, and SECO Stimulus programs rules • The expense is properly documented; and • The Agreement is executed B. Request for Reimbursement. The ARRA-recipient shall submit to CPA, as often as needed, a properly completed VISS Form fully supported by receipts and such other documentation. CPA retains the authority to approve or deny the amount requested and shall not make disbursement of any such payment until CPA has reviewed and approved such a request. C. Subcontracts A. ARRA-recipient Liability. In no event shall any provision of this Section be construed as relieving the ARRA-recipient of the responsibility for ensuring that the performances rendered under all subcontracts comply with all of this ARRA-recipient Agreement's terms as if such performances rendered were rendered by the ARRA-recipient. CPA's approval under this Section does not constitute adoption, ratification or acceptance of the ARRA-recipient's or a subcontractor's performance. ARRA-recipient shall require all subcontractors to comply with the same reporting requirements as ARRA-recipient outlined in the Section of this Agreement entitled "Other Requirements", paragraph B. ARRA-recipient will also beyesponsible to ensure that all Vendors comply with the same reporting requirements. B. Applicable Law. The ARRA-recipient shall comply with 10 C.F.R. Part 600 and all applicable federal and state laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this ARRA-recipient Agreement. D. Monthly Reporting he Monthly Progress Report is due to the Comptroller's Office by the last day of each month. � onthly �Pc¢ Repous�ttnstbe mi a on t e o ecir Reports may be submitted via a link on the SECO Stimulus web page: http://www.secostimulus.or¢. Click on the blue icon on the left side in the middle of the page titled SECO Stimulus Recipient Reporting Tool. This will take you to the SECO Stimulus reporting page, http://www.seco.ci)a.state.tx.us/an-a/re2ortinglindex.phi). Click on the yellow button in the upper right side of the page titled Login to Recipient Reporting Tool. This will take you to the SECO Stimulus Q Recipient Reporting Tool's log on page. You must be designated as your entity's reporting contact. Once you have been designated, you will receive a User ID and password by e-mail to access the system. If you experience problems with the SECO Stimulus Recipient Reporting Tool, please contact your grants coordinator. E. Change in Key Personnel The ARRA-recipient shall notify CPA within ten (10) working days of the occurrence of any change in the ARRA-recipient's key personnel assigned to the grant project, significant changes affecting the ARRA-recipient's identity, any voluntary or involuntary actions in bankruptcy, or any criminal or civil allegations or action by or against the ARRA-recipient. F. Prohibition on use of Funds None of the funds provided under this agreement derived from ARRA, may be used by any State or Local Government, or any private entity, for any casino, or other gambling establishment, aquarium, zoo, golf course, or swimming pool. G. Monitoring CPA reserves the right to perform periodic on -site monitoring to assure compliance with federal requirements and that performance goals are being achieved. H. Segregation of Cost Reci ients must segregate the obli ations and expenditures to fundin under A Financial and ccounting systems ou be revised as neces agate, track and maintain ese funds apart and separate from other revenue streams. I. Registration Requirements Entities must maintain current registration in the Central Contractor Registration System at all times during this active federal award. ATTACHMENT G Statement of Work and Budget Entity Name — Energy Efficiency and Conservation Block Grant Program Type of Project & Description: Approved Budget Per Cost Category and Payment: COST CATEGORY BUDGET Personnel $0 Consultant $0 Travel $0 Subcontractor $0 Project equipment $0 Other Direct Operating Expense $0 Total Budget $0 Funds Leveraged $0 Total payments to ARRA-recipient under this Agreement shall not exceed $ in accordance with the Agreement. Tasks to be performed in completing the project: The ARRA-recipient shall complete all of the Tasks as set forth below and the ARRA-recipient shall provide information regarding such task. (Task that includes purchasing equipment must include: how many, size, model, rating, etc. Please include the date you anticipate each task will be completed The rows will expand as you type, add lines as necessa Task Timeline 00/00/0000 Reimbursement Setup Procedure Getting Started Step 1. Texas Identification Number (TIN) If you do not have a TIN, you must establish one in order to bill and receive reimbursements. Download and complete the application at the link below: Payee Identification Number Application htti)://www.window.state.tx.us/taxinfo/taxforms/ap-152.pd,�l V If you need assistance completing the application, you may call the State Comptroller's office at (800) 531-5441, ext. 33660, toll free nationwide; in Austin the number is (512) 463-3660. Submit comDleted TIN application form to: Mail: David Schiller, Accountant State Energy Conservation Office - Stimulus Texas Comptroller of Public Accounts LBJ State Office Building 111 East 17th Street, Room 146 Austin, Texas 78774 Step 2. Direct Deposit Entities are encouraged to sign up for direct deposit by downloading the Direct Deposit Authorization form. Direct deposits provide access to funds in as little as 14 days for reimbursement under $5,000. Submit the comDleted direct deposit information to: Fax: (512) 305-8855 Email claims.pin(i�cpa.state.tx.us Mail: Glenn Jennings, Accountant State Energy Conservation Office - Stimulus Texas Comptroller of Public Accounts LBJ State Office Building I I I East 17th Street, Room 146 Austin, Texas 78774 tX 6� COMPTROLLER OF PUBLIC ACCOUNTS (CPA) Grant Award Notice .TO - SBCOSamuha Q(fj ofLa Porte American Recovery and RefambouealAd Grunts For Amerkan Recovery and Reinvestment Act ARRA 1. 8UBREt9PIENT NAMEAND ADDRESS: ♦. SUB -AWARD NUMBER: µ CI& gfLa Porte 5. PBRFORMANC&BUDGET PERIOD FOR GRANTS: 04 W. Fabmont Pkwy La Porte, Tart 77571 June 13, 2010— Jura 30, 2012 L FEDERAL GRANT TITLEt d. DATE OF FEDERAL AWARD TO CPA: Baergy p47etrney and Coaremaon Block Grant Stpumber 11, 2009 3A. FEDERAL GRANT AWARD NUMBER: 7. AMOUNT OF SUBAWARD: DE-Ea0000893 636E 311. FEDERAL GRANTING AGENCY: S. SUBAWARD 9. ACTION Dgwnljnsat gf&wgy DATE Indal AwaM June 13 2010 10. SPECIAL CONDITIONS See attached Statement of Work (SOW) 11. STATUTORY AUTHORITY FOR GRANT Thlt ect law under Public law 111-5 me American Recovery and ReinvestmeN Act of 2009 11 REPORTINGREQUDtEMSNf: See Attachment K — ARRA Reporting Regulnumads at I I& METHOD OF PAYMENT Cost reimbursement. 14. DEBARMENT/SUSPENSION CERTIFICATION: By slgaing in block 17 below, the Sulaecipient official certifies that any contractors utilized ate not Sated on the excluded at nlisted 18. NON4WPPLANTINGCERTRHCATION: By signing In block 17 below, the Subrecipient official certifies federal funds win be used to supplement existing funds, and wiB not replace (supplant) Ands that have been appropriated for the same puryose. Subrecipicnt may be required to supply documentation certifying that a reduction In non-federal resma es occurred for reasons other then the mcekpt or expected recdot of federal8urds. id. APPROVING CPA OFFICIAL NA fa DA Martin A. Huber% Deputy Comptr011a Texas of Public Accounts I have read and understand she atached Terns end Conditions, 17. TYPED NAME AND TIME OF AUTHORIZEDSUBRECIPIMIT 6NA OPSUB OFFICIAL OFFICIAL & Ron BoUoau, CUT Mawger � Jtl�o 18. AWARD BREAKDOWN CFDA 81.128 2010 TERMS AND CONDITIONS American Recovery and Relnvestment Act (ARRA) Parties to ARRA.roclplent Agreement This ARRA•roctplerd Agroenam (ARRA-rodplant Agreement or Agreement) to made and entered Into by and between the Texas Comptroller of Public Accounts, an agency of the State of Tama herelnaRar referred to es'CPA; and the funds recipfen6 hereinafter referred to as the ARRA-recipfent Furthermore, CPA and the ARRA-roelplem are Callecfh e* hereinafter referred to as the'Pariles.' By this ARRA-rodpant Agreement's execution, the Parties have severally and eaOectNdy agreed to be bound to the mutual obligations and to the performance and accomplishment of the leaks described In this ARRA-rodplem Agreement The ARRA recipient AgroemeN Is only an offer unto as ARRA-reciplent returns the signed copy of the 2010 ARRA-roc¢9en1 Agreement In accordance with the dale provided In the tranemltial letter and In the Agreement. ARRA.redplent Purpose and Overview A. Purpose and Ovenvlew. The American Recovery and Rekwestment Ad of 2000 (ARRA), Pudic Law 111.8, was created to provide grants funds to stimulate eCoromb recovery, Investment and creation of new Jobs and oppor u rides for all Americans Including Tereus. The Comptrollers Stimulus Program epplled for and the Conplrotlsr has been awarded ARRA funds to support the Comptrollers Energy Efidency and Conservation Block Brant (EECSO) Program which Indudes the Wowing eligible aothd0a: Wldlrm anargy audits and r&oota. Insta2etbn of distributed energy technologies, fnststefion of snergy efficient tral0o signals and out Ughft, and Installation of renewable snergy technologies on government buldI ngs. TAe�up�s of tints Agreement ts to provide block grams made avafiablo through the U.S. Department of Energy (DOS upurouant to Title V, SrbUUe E of the Energy (dependence and Security Act of 2007 (EISA) (42 U.S.C. 17151 of asq) end ARRA to Texas municipalities and Counties that are not eligible to receive a diem allocation under EISA and ARRA from DOE to participate In the EECSr3 program. S. Standard of Performance. The ARRA-reciplent shell perform as activities and projects outlined In the ARRA- rociplenre Statement of work (SM that Is aft ad to the oonbaot as Exhibit O. The ARRA-radplem shall perform all adhebs In accordance with all tams, provisions and requirements eat font In this ARRA-reolplem Agreement and the: 1. Applicable Laws and Regulations, hereinafter referred to as'Ehdldt A: 2. Certifications, hersnater referred to as 'Exhibit S'; 3. Certification Regarding Lobbying for ARRA-redplem Agrosments, Orahts, Loans, and Cooperative Agroanema hereinafter referred to as'ExtMt C; 4. DOE Terms and Conditions, hereinafter referred to as 'Exhibit M 0. The ARRA-Raetplenrs Affidavit, hereinafter referred to es'Eddblt E'; and e. The ARRA-Redplarr s Comrsobrs Affidavit, heroinatler retorted to as'Exhibit P. C. Failure to Perform. In the everit the ARRA-mdplant fella to Implement 0e project(s) outlined In he, application to CPA or Comply with any of this ARRA-redplent Agrsemen re provlalons. In addition to the remedies specified N this ARRAlodplam Agreement, the ARMtecoent is Cade to CPA for an amount not to exceed the award amount of this ARRAvedplem Agreement and may be bared from applying for or receiving additional ARRA program funds or any other federal program funds adminbtwW by CPA until repayment to CPA Is made and any other oompfianoe or erdlt finding Is satisfactorily resolved. CPA Obligations A. Measure of Uablllty. CPA shell be Ilade for actual and reasonable costs Incurred by the ARRA-recipient during the ARRAtedplerd Agreement period for psrfonnsnces rendered under %a ARRA-redplent Agreement by the ARRA-rodplent subject to IM limitations sot fafi In this Section. CPA shall not be table to the ARRAieW*rd for any Costs Incurred by 0e ARRA-recipient that we not allowable, costs. B. ARRA-rodplem Agreement Funds Defied and Limit of LkdRy. The term'ARRAfedplem Agreement hinds' as used in this ARRAvedpent Agreement means funds provided by CPA under One ARRA programs. The tam •ARRA- redpbnre hmda' or leverage funds as used In this ARRA-recipient Agreement means funds provided by the ARRA- reclowl. Notwithstanding any other provision of trio ARRA-reolplart Agreement, the total of all payments and otter oftatons Incurred by CPA under We ARRA-redplent Agreemom shall net exceed the Total Award Amount Rioted on the cover page of the ARRA-molpisnt Agreement Page 2 of 22 C. Excess Payments. The ARRA•reclplent shag rotund b CPA any sum of ARRAaeatplent Agreement hunde that CPA determines has rosufted In owrpaymaM to the ARRA-rodplsnt as a result of a CPA determination that the aunts have root been spent by the ARRA•rsdpisnt In ao=dance with this Awith pRraRnA-rodptent Agreement. No round cally permitted by stets or regulation. The s) may be madeARRA-realmom federal s shad make such roturant funds unless nd m CPA within thirty (30) dt funds is after Prequests such refund. Suspension Notwithstanding the praft" of Chapter 2251, Toms Government Cade, In the event the ARRA40dp fails to wggy with any of tide ARRA-mafpbnt Agreement's toms, CPA may, upon w ttw rnotlfication to the ARRA"olpMM, ouspend We the A•realpknt�ho�m Incurring additional d4vatient Agreement in whole ioons aIn fARRA•malpleMwithhold tAgreementents ofunds. the ARRA-rociplent and pit Termination A. CPA's Right to Terminate. CPA shad have the right to terminate this ARRA-redplent Agrosmerd, In whale Of to W. at any time before the and of the Performance Period, whenever CPA determines that NO ARRA•rodpleM has failed to comply with any of this ARRA-recipient Agroemonfe tsnro. CPA shad notify the ARRA-redpbM In writing prior to the dMoth (301h) day pmoedinp the termination of such determtnadon and Induce: 1. the reasons for such taminatim 2 the olteclha date of such lerminadon; and 3. to the case of partial termination, the portion of the ARRA-redplent Agrerxrort to be terminated CPA may also terminal* this ARRA•redplent Agreement upon termination of ARRA funding from the federal government It this Agreement Is tonne ated for any reason, Comptroller and the Slate of Tome shall not be dads for any damson. dome. Woes, @*or s% east or any other amounts of cry kind whatocerar arising from or Mated to any such tamdnadon. a. Parties' flight to Terminate. In addition to CPA's right to torminste spodfisd In Subsection Act thissectbn, both Pantbe shad have the right to terminate this ARRA•molplent Agreoment, In whole or In pert. when the Parties agree that the ooMlnuedon of the activities Amded under this ARRA-rodoW AWwmeM would not produce bsneddd results commensurate with the further experdthrro of ARRA•reelplent Agreement Mots. The Parties shad spree, In vsftlrp, upon the tenninedon conditions, baludIng the ededlw date of emdratbn end In the am of partial termination, the portion of the ARRMroclpleM Agreement to be terminated. Conflict of Interest A. Finenabl Interest Prohibited. ARRA•redpbnt ahail ensure (except for eligible administrative or personnel Onto) that no person who lA Is an employee, aappem, consultant, officer, or elected official or appointed odldai of the ARRA- redpisM ar of a 6ubWntraotor of ARRArsdpfeM, shot who exercbee er tea exerdsed any hpositi e er roaporsmlttles vNtin respect b the acUvltln nutted under this ARRA redpleM Agreement a b b a poeldwh a Ms In a dedsbn matting process err pain Irslde information M" regard b suds ndMtles, may haws an Interest In a bone}II from 0a ectivly a taw uy Interest In the ARRMeclpleM Aprosment a a ubcontrad for the ARRA- recpleM Apreemerd, durirup the person tenure with ARRA roolpbm err a ufaorhtrector of ARRA rxplord eM for at best ens year thereettsr. ARAAiedplBM shad eppy the nequpsmerua ot tide subseWon b omployeee Boards, oonsudtants, olitaere, shot elected shot eppolrlod offidd ot the ARRA redplsM end ens sboordreciBrs of ARRA- redpbnt n well ere ary member ot such perBora Immedkte femdls0. their partrare, end cry orpardmtlorh that empbye a b about b empty cry ot the above. ARRA rodplent shall oompy with Cheplsr n1, Texas Local Government Code. B. bndnlon In Subcontracts. The ARRA-redpl" shall Include the subsannoe of fhb Sedbn In OR eubcantrects. Monitoring CPA reserves the right to perform periodic on -sits nw todM of the ARRAtedplenft oompHIM with aids ARRA- redpleM Agreement's terms shot cerdibrs end ot the adequacy and dmednees ot de ARRA-reclpleMs perbrmance pursuant b this ARRA ndplendAproement and 10 C.F.R. 000 3e1. CPA w0 moctor ARRA{edptenta a assro funetlorh or a Afar each nwrdto vbd CPA shall p tls ARRA reelgaienMg wishes wrlden repwoi the monitWe drndlrhps. It the nannlbrirng report race defidendee In the ARRA•redplenla perbrmarnre under tide ARRA• rodplent Al terms, der montarinp report shad Include requirements br tiro timely aorredbn ot such dedolendea by the ARM•roc¢lanL Faduro by the ARRA-rocyleM b take aatbn Wadnod In de moribMp report Papa 3 d as me, be cause for Iha ARRA-redplent Atpeemenre suspension or termination pursuant to the Sedlom on SuspwAlon andlor Tamninetion set forth on paps 2 of thb ARRA-r**W Agroennent. Audit A. CPA may require, at ARRA•reciplenrs sand coat and expense, Independent audits by a qualified carMad public accounting firm of ARRAtedpbrd's books and records or the State's property. The Independent auditor shag provide CPA with a copy of such audit at the ssme time g Is prodded to ARRA-redplend. B. CPA's flight to Audit. Notwithstanding Subsection A. of this Section, CPA reserves the right to conduct a finandaf and compliance audit of ARRA-redpbM Agreement funds rscal od and performances rendered under dda ARRMeciplant Agreement. The ARRA-redplaa agrees to permit CPA or Its authorized represerttatiw. doolgri 0. or spend to audit the ARFUiedpleMs records, b tsc0tate performance of the au R, and to obWn any documents, materiels or Iffonnatlon necessary to facilitate such odd. C. ARRA•rseiplard's Uabggy, for Disallowed Coats. The ARRA-ndplert understands and egress that It shag be gable to CPA for any costs dsallowed pursuant to financial and compliance audlt(s) of ARRA-roWom Agreement funds. The ARRA-redpbm furlhw understands and agrees that relmburaw wit to CPA of such disallowed cogs shag be paid by the ARM-reciplent from funds that were not provided or otherwise made avagafrte to the ARRA-molpant pursuant to die ARRA•reciplant Agreement or any other federal contract. D. Sate Auditors Office. The ARRA-roclplant understands OW acceptance of ARM-rsolpleM Agreement funds ads as acceptance of the auftriy, of the Safe Auditors Office of any sucoessor agency to conduct an "I or Imeatigaibn In connection with these hurls. The ARM-radplent further agrees to cooperate fully with to Stale Auditors Ogtcs or He successor In the conduct of the audit or Inveadgailm Including proddhg all records requested. The ARM-reciplent &hall arm" that this clause conceming the authority to audit finds received Irrdlreolly by subcontractors through the ARRA-reciplert and the reIlutrement to cooperate is Included In any suboondrad It awards. Ralmbursemsnt A. ARRA•reciplent agrees to make no request for reimbursement prior to return of this Agreement #00 by the authorized ARRA-rodplem roprwenadve. ARM-radplem also agrees to make no request for reimbursement for goods or services procured by ARRA-redpant prior to the performance period start date of INS Agreement or after the performance period end dab of this Agreement; szoW that CPA may reimburse a gonditures made prior to the ratum of this Agreement signed by the outhorzed ARM+edplemt representative It • The v"mes Is dlrocgy related to the EECOG Wpmvad "sot • The expense was not frrourred prior to the signing of the NoNcation of Infant to Wdpats in the EECBO ram • emThe enpeuse mend all ARM pnMelons, stab and federal laws and regulations, and SEGO Stimulus programs rules • The expense Is property documerted; and • The Agreement Is executed B. Request for Reimbursement. The ARMfedplent shag subndt to CPA, as often as needed, a property completed VISE Form hty supported by receipts and such other documentation. CPA retains the authority to approve or deny the amount requested and shag not make disbursement of arty, such payment untg CPA has reviewed and approved such a request. C. Payment Contingent. Notwithstanding the pmvlslone of Sub on A of this Section, payments under this ARM. rodpartt Agreement are contingent upon the AARA-redpami performance of Its contractual obligations. Page 4 d 22 Reporting Requirements ARRA recipients shell comply with all Reporting Raquframenm of CPA for ARRA EECBG grant agreements as published an CPA's Wobsite: g*MiloodmiAmp out This compliance includes the reporting ofgWe moment, a d oterwise as required for ARRRAfied �rod*r wianoe th this wed on Ns cover Pepe Closing the Grant A. The AR"radplent must two expended all grant funds and submitted experd kn reknbureament requests and any Imrotoss by the end of the performance period Doted an the ARRA-ndplant Agreement. S. CPA vent dose an award after receiving ARRA•reciplsnt's find expendWro report Indicating that all approved work has been completed and afi funds have been disbursed. omos" a review to confirm IM aoaracy of the reported Inlmm lion, and recondlIng actual cods to awards modfbatiae end payments. if the does out review, ad recorxdBation Indicates that the ARRA-rodplent is owed additional funds, CPA will send the find payment automatically to the ARRA-recipient. Restrictions, Dlsalalenars and Notice A. Notwithstanding any other Agreement provisions, the parties heron understand and agree that CPAb obligations under this Agreement are oordlnpent upon one recal A of adequate funds to meet CPA's Iladlllea lersurde. CPA *hail not be hice to the ARRA•rodplent for Costs under this Agreement which exceed the amount specified In the Notice of ARRA rodplent Award. B. Notice. AI no = or oommurdedbn raWlred or permitted to be given by elt er party hereunder hall be deemed sufildeT given B mated by registered mail or caCBad mall, return reoelpt requested, or sent by ovemlght Louder, won as adeal Express. to the other party at Its reepecM address set forth below or to such other address as one theOftbludiness following tnodoo of to the he date of r from W11%. Notlda sent by to Orne hereunder. ov might ooudernotices l be deemed to be, received on hall be deemed received the following business day. Nodes shall be send to: For CPA Assigned Grads Contract Manager For ARRAtedpient Ron Bodoms City Man Rsbntlon and AcosedbllCy, of Records A. Retention of Records. The ARRMrecipleni shall maintain Meal records and euppoAtng documentation for all apendltures of ARRA-redplsnt Agreement funds. The ARRA-reciplent hall retain t ess records and any suppotkp dopnerdallon for the greater of Cues (3) years tram the ccmplation of CPA's Agreement with DOE trcUft prregulationsmteWeacribed Ebdmllarobligations, or the period of time required by other applicable laws and B. Access to Records. The ARRA{eolplsrd shall give the United States DsparUnord of Energy, the Inspector General, the General AcaourNno Offioe, the Auditor of the State of Taxes, CPA, or any of their duty authorised reproeentatNee, access to and the right to examine all boobs, accounts, records. reports, files, other Pepem things or property belonging to or In use by the ARRA-redpord pertaining to this ARRA•redplont Agreement Includhp records concerning the past use of federal funds. Such rights to access shall oonBnue as long as the records we retained by the ARRA redplem. The ARRA-reclpfent egroes to malydaln soon records In an accessible location and to provide cplxena reasonable sates* to such records consistent with the Tams Pudic Information Act, Chapter 552, Texas Government Code. C. Inclusion In Suboo tracts. The ARRA•recipbM shell Include the substage of this Seotlo% Retention and Accessibility of Records, in all subcontracts. Subcontracts A. ARRA•radplent UabllBy. in no event shall any provision of this Section be construed as relieving the ARRA- recipient of the responsibility for ensuring fhat the performances rendered under all subdmdracb Comply with all of Pape 5 d 22 this ARRA•reciplent Apreor=Ws tam as If such performances rendered were rendered by the ARRA-recipient. CPA's approval odor this Section dose not ooastIlute adoption, rattication or acceptance of the ARRA-redplenYe or a ad=ntractds performance. ARRA-ro*lerd OW require all subcontractor to comply With the game reporting r"Wraments as ARRA-redpent outlined In the Section of this Agreement entitled'Cther Requlrornente', paragraph B. ARRA-rectpent Wit also be responsible to ensure that all Vendors oomply with the same reporting requirements. S. Applicable Law. The ARRA-redpierd shall comply with 10 C.P.R. Part 800 end all applicable federal and $isle laws outlined in Eddbh A and local laws, regulations and ardlnanceo rotated to maldrtg procurements under this ARRA"c vet Agreement. Legal Authority A. Signatory Authority. The ARRAaadpdent assures and guarantees that the ARRA•raatplend poeseaget the Ngal authority to Doter into this ARRA-reciplsnt Agrosmerd, to rsoelve ARRA•recIplem Agreement funds and to Dorm the services the ARRA-recIplant has obilpated treat to peraorm pursuant to this ARw+tociplsm Agreement. B. AuOarfzsd Representative. The person or persons atgNrlp and executing this ARRA-redpbnt Agreement on the ARRA•redplenrs behalf do warrant and guarantee that he, she or duty have been duly authorized by the ARRA- recipient to execute We ARRA-reciplant Agreement on the ARRA-mclo rt's behalf and to validly and legally bind the ARRMedpant to all contractual temp, performances and provisions. If requasted, ARRA-reciplent will provide CPA Wth document granting wftft to the dsdgnsled representative eugarizing them to execute documents for Oda purpose. Notbe of Ullgation and Claims The ARRA reciplent shall give CPA bnmedbte notice In writing of: 1. any aotlont Including any proceeding before an administrative agency. Mod against the ARRA•redpant adeing out of the performance of any subcontract under this ARRA-redpentAgreement; and Y. any deim against the ARRA-redgerd, the cost and open" of which the ARRA-redpent may be entitled to be reimbursed by ARRA grant programs• Except as otherw4w documentation roeetved �A RA rectoom with reaped b such action or dalby CPA, the ARRA-MCIplent shall h~ �� ately to CPA copies of all Idsmni8oadon To the extent permitted by law, the ARRA-redolent agrees to hold CPA harmless and to Indemnity CPA from and against arty and all claims. demands and causes of action of ovary Idd and character that may be asserted by any ARRA-radplwd or Its subcontractors, t any, pun veocourft or In any way Incident to, arising oul of of tn connection vAth the �� to be performed by the to this ARRA-redpbnt Agreement. Changes and Amendments A. Written Amendment. Except as apedflcaly Provided otlnrwbe In this ARRkredpent Agreement any dteratbns, additions or deletions to this ARRA-redpent Aorsenears toms shall be made through written amendments generated by CPA and executed by the Perils& B. Authority to Ansel. This ARRA-radplent's dalNmabke shall be rendered In accordance with ARRA, EXhIM A. the assurances and car$goatlons made to CPA by the ARRA-recipbnd and the asswenooa and certifications made to CPA by the State at Taxes with regard to the operation of the ARRA grant programe. Policies and reporting requirements may furl hm be amended by CPA during the period of this ARRA-redpant Agreemenrs performanoe es the federal government issues policy dtreoaves that serve to eslabUah, Interpret or al lfy fhb ARRAtaolplant AAgarreeement's performance reorements. Such policy directives shall be promulgated by CPA In the form ct Irdormation Bulletins and shall he" the effect of qualifying the ARRA-reVem Agreement's terms and shag be binding upon the ARRA-redeem as If waitron In the ARRA-redpant Agreement C. Effect of Charges In Federal and Slate Lays. Any aftwatons, additions, or deletions 10 Ode AR nt nt's au�haAb Ned hconsancy Board pabdbally pubaehes khfar Bullottrs to release, update. amend a dariy Brame end programs vddah it admlNetero. Intormatlon regardfrp rolseses end Intarmatlon regerding ARRA Node can bs a "$ad at pitQ (Qlf,tip[ Lg�L end are Irheorporated by retmenoe Into ihb ARRA redpant Agreement es s vet font hereln. Page 8 of 22 D. The ARRA-redplent stall notify CPA within ten (10) waWnp days of tiro occurrence of any change In the ARRA. reciplent's key personnel assigned to the grant pro)ock slgrdllcam changes afboft the ARRA-reciplenPs Identify (such as name, governing structure or organisation ownership err control, name longs, governing board membership), any voluntary or Involuntary actions In bankruptcy. or any ddminal or dvn allegations or actions by or against the ARRA-rodpient Headings Headings and options of Ode ARRA-recipient Agreements sections and paragraphs are mdy for OOnv$nWnce and reference. These headings and captions shelf not affect or modify this ARRA-reclplant Agreement's terms or be used to Interpret or sadist In the construction of this ARRA-molplerd Agreement. Program ARRA•faciplaMs Except as spodttcelfy authorized by CPA In writing, the ARRA-recipients, In selecting their Sub -grantees ('Program Subredplentsl hereunder, shall utfilze procurement procedures referenced In ARRA Provisions Iodated at (as applicable). The ARRA-reciplent, In sub-grantIng any of the performances hereunder, expressy understands Oat In entering into such sub -grants, CPA Is in no way liable to the Program Subrsdplents. The ARRA-redplam shag ensure that the parformarces rendered under all subVana by their Program Subredptents are rendered so as to campy with all the terms and provisions of this ARRA-recipient Agreement as If Oa sub -grant, ss AR�td went andlred by � ARRA-realpbm. Should On ARRA-redplent enter Into a wbsequent 1. Remain liable to the parfomnanca of the terms, conditions, and exhibits of this ARRA-reolpent Agreement 2. Provide to CPA, within thirty (30) days of contract execution, all Program Subreciplems names, addresses, telephone numbers. contact persons, contrail amounts, and program desdr"on of each stub -grant to this ARRA- redplent Agreement S. Require that Program Subrocplama make all documents, papers, and records relevant to the work performed available to CPA ardor Federal Granting Agency or their duly wthodzed representative for examination, oopift, or mechanical reproduction. 4. Require each of Its Program Subradpents to be subject to the wamination and audit of Its duly wthodzed agents and shelf mandate Chet erg Program Subredplants retain and llrarolal records, supporting documents, statistical records, evaluation data. program performance data. member tnfomadon and personnel records for a period of be (6) Yom after. a. The submission of the Program Subrecipienfe final expenditure report for the program; and 6. The resolution of any litigation, dim, negotiation, audit or other action Involving thous room% If such resolution Is after the submission of the Program Subredpkm's find iopendlture report for the program. Notify CPA In writing within thirty (30) days O any Program Subreoiplent under Oft award Is suspended or terminated. Additionally. In such notice, the ARRA-redplsnts slap Identify law the wWonalon or termination will ImpW the Subxedplent's budget and scope of work. S. Provide written notice to each Program Subredplent within seven M days from the date the ARRA-rodpkM Agreement is termtnafed or the dale CPA suspends this ARRA-rsdpbm Agreemers. 7. Request of each program Suheclplont the certifications required In Erddblt B: Assurances end CeAHcallors. Pape 7 of 22 Buy Texas ARRX"ci:lam should make every ~ to buy Tama products and materWs for use In provfding the services authorized herein when such products and material s are evadable at a comparable price and In a comparable period of tie when compared to non -Texas products and matalals. Technical Assfetance CPA win provide toohNoel esefstarx a to the ARAAteclpbnt with correcting the deficiencies noted during moribdn0. evaluation and the reimbursement pmoeea CPA may conduct fallow -up vtstis to review the previous deficiencies and to assess the off x made to correct them. Fraud 11 the OdrnNtstratNs head of a department or entity that is subjed to audit by the Tom State Auditor, has reasonable cause 10 behove that ARRA funds received by the ARRA-rodplent or by a dent or contractor of the ARRA-reolpbM rMymay have been lost. ale opdaced, or misused, or that other frauduennl or undavrhnl conduct has occurred In to the operation of Ito ARRA-rsdpent. the adminlstralM head "report the rsasm and basis for the bellsf to the Texas State Auditor. The Taxes Side Auditor may Investigate On report or may monitor any Investigation conducted by the ARRA-mciplsnnt. A form to report fraud, waste or abuse Is avallabis on the Fraud Repotting Paappss: hitoJleao.freud slate.bcual. Reports of fraud, waste or abuse may also be malted o: State Audhorrs OM o. Ann: SIU, P. C. Box 12u87, Auatbn, TX 70711- 2W7. Persons who report fraud may dnooss to remaln anonymous. Oral and Witten Agreements A. Prior Agroemerda Alt oral and written agreements between the Parties relating to this ARRA-rociplent Agreements KMact natter that were made prior to Da% of Execution have been reduced to vwlgrng and are contained In this ARRA-roolplent Aproomerd. S. Exhibits. The axh b amunerated and denominated In the Agmement are hereby made a part of this ARRA- redplont promised perman Aoces by the ARRA-reolplont In accordance with the ARRA- redplent � and the Exhibits. C. Deputy Conptrogsr's Signature. This ARRA-redpant Agreement Is not effective unless signed by the Deputy Comptroller of CPA. Compliance with Law/Order of Precedence Any Inconsistency In the ARRA-redplent Agreement shag be resolved by giving cadence In the following order (a) Appl able Federal Statutes. (b) Code of Fedend Reputations, (c) State of preexae Statutes, (d) State of Texas Adminlebative Code, (a) Notice of Funding Opportunity, the approved ARRA SOW Including an a surenaes. osritAoetlone, exhlbhs. and pro -award nagodatens and (g) CPA ARRA Guklell es. In the event of a conflict between such laws and reguatone and fho lon. and oonnr22ons of gds ARRAYedplent Agreement, precedence step be given to the laws and regulations. Watson Any right or remedy provided for In this ARRA-redpierd Agreement provieen shall not produde the amrdse of any other right or remedy under tie ARRA-rociplent Agreement or under any provision of law, nor shall any action baleen or failure to take action In ore exerdse of any right or remedy be doomed a wavier of any other rights or remedies at any lime. Venue For ptupasea of litigation pursuant to this ARRA-reclplard Agreement, venue shall tie only In Travis County, Taxes. Disputes The parties shag use the dispute resolution process provided for In Chapter 2200, Texas Government Code, to raeolve any disputes under this ARRA-redplent Agreement. Page 0 of 22 Solid waste Disposal Act Prior to the re of Federal funds to store, process, or dispose of hazardous materials ARRA-radgant shall cornply well d* C� Act, Texas Health A Sately Code, Administrative Cod*Chapter 'Industrial Solid Waste and Munkipal Hazardous Waft' administered by the Tezas commission on Ernbonnrontal Malty. Sardtary or hazardous waste Is defined In 40 CFR Part 280 and 90 TAC Chapter 33.i' to Include, but not be Ifmitad to, old light bulbs, bad ballasts, piping, roofing nubdal, discarded sclulpt, dorelatedd asbodm ARRA-redpbnt shall obtain any required permit and retain all compUmae men Asslgmnerd AFAAmrselpat shall not trensler or assign any rights or dudes under or any Interest In this Agreement ARRA- redpent eha0 not delegate he responsibilities or dudes under the terms of Oda Agreement. Pops 9 of 22 Ef60BIT A APPLICABLE LAWS AND REGULATIONS The ARRA-redplent shall comply with the Amedcen Recovery and Reinvestment Act and regulations specified In 10 C.F.R. Part 600, Financial Assistance RWea; OMB Circular A-87, A-102, A-133; and Ex. Order 12372 (Intergovernmental review of federal pragrartn). ARRA-reciplent shall also oomply with all other federal, stets, and local laws and regulations appOcede to tide ARRA-redplent Agreoment's w MOes and performances rendered by do ARRA-reclirlent Indudhq but not fimlled to the lava and the regulations promulgated hereunder and specified In the Texas UMfarm GreMs Management Standards (UGMS) and Paragraph A through P of this Exhibit. A. CIVIL RIGHTS -Tide VI of the Civil Rights Act of 1984, as amended. (42 U.S.C. g 2000d at eeq.); htloJAeoode house oavAiwodti.:"asMeb axe?aeWgo+uaWew+l41t42+2937+3++%2&MI%2dl S. HANDICAP AND ARCHITECTURAL BARRIERS - Section SW of the Rehabilitation Ad of 1873 (20 U.S.C. j) �:rAisoode p,,, a aovN"ode�cdfttweb"+ �383+0++%28HandlmM620 ; The ARRA-rscipbM shall ensure that the plane and specifications for oonstnodlon of, Improvements to, or the ronovatlon of buildings, related to this project have been received by the Texas Department of Licensing and Regulation Chapter 48R Tom Government Ooellritnallon of vemment Cade�stectural barriers ancounts; by persons with didollltles as fied In C. ENVIRONMENTAL LAW AND AUTHORITIES - The ARRAteofplerd shall assume the emMpmnental responsloBBee for pm)eate and In doing so shall comply with the provisions of the National Environmental POLY Act of 1069. as amended and the Council on Environmental Quality repulaUare contained In 40 C.FR. parts ISM through 1508. htio9Awmw ac os3 aoo.aov/naalcfrANaWdx 07140oh1601 071dmh (44 C.FR.10.1) D. LABOR STANDARDS - The Davis -Bacon Act, as amended (40 U.S.C. g 3142) Mtn rA awhatode-cc"asbnb exe7aotdooHI& low+t37t4O+1723+1++%2a%20%20%20A The Contract Work Hans A Safety Standards Ad (40 U.S.C. () 3702) MtplAmWe hmme.awNecode-caVladWeb.exe70ekbauemAew+t3h40+1766+1++%2a%2R%20%20A The Copeland'AM-KialbadiC Act E. FREEDOM OF INFORMATION ACT - (6 U.S.C. $62); axe?asWoo+uaovlew+10610a+26+0++%28Wormadon% F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACOUISITION POLICIES ACT OF 1970 - 0 the ARRA-raMplent Is a governmental entlty, It must fly vAth the requirements of the Uniform Relocation Assletarpce and Real Property Acqulsftm Act of 1870 (42 U.S.C. (j 4601 at seq.), which govern the treatment of persons displaoed as a result of federal and fealwallyaaalated programs; and (Federal Assurance) - (42 U.S.C. O. FAITH -BASED ACTIVITIES - Execullve Order 13279 of December 12, 2002 - Equal Protectlon of the Lame for Faith -Beata and Community OrOeNzatt=6 (e7 Fed. Reg. 77141) Me 20MLW: 3183f adf H. AUDITSIMONITORINO • The ARRA-rodptent shall wraps for the performance of an annual financial and compliance audit of ARRA-reciplent Agreement funds received and performances rendered under this ARRA- recipient Agreement. ARRA-recipbnts mAil also be mordlared for compliance with this ARRA-realplent Agreement's terns. I. GRANT ADMINISTRATION - The ARRA-reclplent will also comply with Texas Government Code, Chapter 783, and the Uniform Grant Management Standards (UGMS), State Uniform AdminlatraM Reouiremente for Grants and Cooperative Agreements, J. PROPERTY ADMINISTRATION - TAC Title 1, Part 6, Chapter 116. cl&tubAwadlac%xLVlewTAC?tea New.3616JAM-6 Pops 10 0122 K. PUBLICATIONS — ARRA-reelplant acfawwledgee that the United States Department of Energy reserves a roydry free, rwrl-exdualw, and Irrevocable Iloemse to reproduce, publish, or otherwise use. and authorize others to use, for Federal government purposes: a ARRA-rodpenl or Subroolplsnt purchasesownership Fedethe copyright In any work developed under an award or ral ssuuppoM1 Thrd; and e earryry e d oopykbl to ARRA•redplent egrses W consult with the U.S. Department of Energy regarding the allocation of any patent rights that arlae from, or are purchased with, Oft funding. ARRA•rociplem agrees that all publications created with funding under this grant shall prominently cord& the foBowAng all temerd: THs Document was prepared under a wad from the United States Department of Energy the C ment am those ooff Ua authors and donot sj 1ead In paA ARRA funds. Point of r necessarily ropesamt the ofOdel vTew or poahbn or opinion expressed U � DepartmeIn the nt Energy or the CPA.' L. DRUG -FREE WORKPLACE --10 C.F.R. Pat 607 ARRA-reciplanla shall comply with the Drug-Frw wOrVace Act of 1888 as epplkable, located at hoplAaw.tugda mmtmktMflelNtO.4.0.t 3.18.html M. BUY AMERICAN ACT— 41. U.S.C. 10a-10d ARRA tacipent shed canply with 0a Buy American Act as applicable located at: httD:tA •� IsPoon owlFARkutr& VnVgubpm"r O2a S.htrM OWER PROTECTION ACT OF 1088-5 U.S.C. Section 2302 slap comply with the WhIstleblower Proaotion Act of 1888 faceted C. 0. STATE CONSTRUCTION GUIDELINES • If the planed expenditure of ARRA funds Invohros modernization, renovation, or repair of existing facMdas, Mal approval must be recelved from the aWapdate agency as aped8ed below and all OocumentoWn concerning the approval must be forwarded with the Initial application for ARRA funds. All applications must be submitted In acoorda cs with Title 10. Part 1, Chapter 17 of the Taxes Administrative Cade, hhoYA.^f^ os Mte.0uWstbubhedtadaxt VlevrTAC7ta_ vlafw311,e 108at.1 regardless of project coat or scope. For other aide aganctes, the approval authority Is the Texas Facilities Commlealon, except as specified In Texas Government Code, 2188.007. 2160.003 and 2188.004, ht1DJAvwwxtWutasJealsMfttotX, Page 11 of 22 11001111813' S ASSURANCES AND CERTIFICATIONS I, Ron Bottoms as the authodmd official of City of La Porte, hereinafter referred to as the'ARRA♦actplsm,' artily the fotiowlng with respect to the expendlUae of ARRA-rsdpbM Agreement funds. A. The program shall be conducted and administered In conformity: (a)Tltie VI of the Civil Rights Act of 1064 (P.L So-=) which prohmlts dlacrImInatlon on do basis of rear, color, or national origin; (b) Title D( of the Education Amendments of 1972, as amended (20 US-C- 1681.IM and 1606.1686) which prohlbde discrimination an the basis of sex; (c) Section 8N of the Rehabl6lation Ad of 1973, as amended (20 U.S.C. 794). which prohibits dlsabrdnation on the basis of handicaps (d) Ths Age Olsalmhm0on Ad of 1078, as emended (42 U.S.C. 6101.6107), which proNblb dbatnVnation on the bask of age; (9) The Drug Abuse Otga and Trosonent Ad of 1072 (P.L 92- 285), as smorhded, roWng to nondiscrimination on the boats of drug abuse; (f) The Comprehensive Alcohol Abuse and Alcohollsm Prevention, Tnlabnord and Rehabilitation Ad of 1070 (P.L. 91-010), as amended, reta0ng to nondieorindnsticn on the bask of alcohol abuse or alacho0an: (g) sections 823 and 5V of the Public Health Sella Act of 1012 (42 U.S.C. 200 dd-3 and 200 w3), as amended, relating to confidenttelOy of alcohol and drug abuse patient records; (h) Title Vill of the CH Rights Ad of 1068 (42 U.S.C. 3801 at a".), as amended, relating to rnordisalmlnstion In the ado, rerntel or Itancing of housing; and Q) the requirements of any other nondsWMnatlon emune(s) which may apply to the oppllatiorn. B. ARRAfadpleM wail comply, or has already compiled, With the requirements of Titles O and Ili of the Uniform Relocation Assistance and Red Property Acquisition Policies Act of 1970 (P.L. 91.64 wtddh provide for fair and equitable treatment of persons dlspta<xd or whose property Is acquired as a result of federal or federally assisted programs. These requirements apply to all Interests In red property acquired for program purposes regardless of federal participation In purchases. C. As required by ExkuM Order 12849, Debarment and Suspension, and Implemented at 28 C.F.R. Part 67, for pwoolpards in pdmary covered ransactions, as defined at 28 C.F.R. Part 67. Section 67.510. (Federal ) The RA-redplent ear0fke that O end Its prI ndpats, contractors and vendors; 1. Are not presently debarred, suspended, proposed for debarnei nt, declared Inellglble. sentenced to a derdal of Federal benefits by a State or Fedend court, or voluntarily excluded tram covered transactions by any Federal department or agency; ARRAtecplents can access deban ant Information by going to vrww Oglg,gglt and the Stato Debarred Venda List 2. Have not within a throe -yea period preaangC this application Dean convicted a or rued a clvu ploginent re KWW against them for commission of froud or a a6niral allow In dameo8on w1Oh obtaining, aftemoll ng to obtain, or performing a pubb (Fedeal, Shim, or loaq transaction or contract under a pub0o transaction; violation of Federal or State antitrust amartes or oommisefon of embezzlement, that forgery, bribery, falsification or destruction of records, maldng false statemads, or reaMng Won property, 3. Are not presently Indicted for or olherwlaa cdrrdna0y or Wily charged by a govemmental entity (Federal, State, or loaf) with commission of any of the offenses enumerated In this cer0ation; and 4. Have not within a throo yea period prowdling this epp0ca0on had one or more pudic tra eac0aa (Fedard, State, or local) termlnsted for cause or default and 6. Where the applicant Is unable to artily to any of the statements In this certification, he or she shall such an explanation to this application. (Federal Cor0cadon). C. Drug-Fres Workplace (ARRA-redplerde other than Indlviduak) - This oeAi6a0on Is requlad by the regulations Implementing the Drug-Froe Workplace Ad of 1988, 10 CFR Part $07. The roauladons require cardficadon by ARRA- rsogrbMe, prior to award, that May will malntaln a drug -free woftlea. The oeftlfloadon set out below to a mamdel repreesnmtlon of fact upon vRdoh reliance w(d be placed when CPA determines to award the ARRA-redplent Agresmsnt. False oerlifiatlon or violation of the certification may be grounds for suspension of payments, suspension or tarNnatlon of grants, or oovemmard-vine suspension or debarment. As the dduuyy autlorhed reprsseMaMe of the ARRA-redplad, I dmtiy, to tin best of my Ianoldedge and belief that the ARR"elpleM WW provide a drug -free worlrplace by: 1. Publishing a statement nottlying employees that the unlawful manufacture, distribution, disperaing, Possession or use of a controlled substance Is prohlhlkd In the ARRA{edplent's worlplaa and specifying the conssquonae and actions that will bs talon against employees for violation of such prohibition; 2. Establish an aging drug -free awareness program to Inform employees about: Page 12 of 22 (a) the dangers at drug abuse In the worlrplace, (b) the ARRA4edplenre policy of maintaining a drug -free worl place. (e) any available drug ommselIng, rehabilitation, and employee assistance program, and (d) the penalties that may be Imposed upon employees br drug abuse violations occurring In the worirpleee. & Mating it a requlremom that each ampk>yee to be engaged In the performance of the grant be given a copy or the statement required by paragraph (1); 4. Notifyirg the employee In the statement required by paragraph (1) that as a condition of employment under the grant, the employee wtil; (a) abide by the tart. of the statement, and (b) notify days aft er rdoorMCany aai dr ug etsarte conviction for a violation occurring In the workplace no later than Ova & Notifying CPA within ten (10) days after receiving nonce under subparagraph (4) (b) from an employee or otherwise receiving actual notes of such conviction; & TaN g one of the fallowing aoflo., within thirty (30) days of reeeNing notice under subparagraph (4) (b), with rasped to any employee who Is so convicted; (a) tswng appropriate personnel action against each an employee, up to and Indudlrg to nMatiom or (b) roqubing such employee to participate satisfactorily In a drug abuse as ista ce or rehablMon program approvedfor such purposes by a Fed". State, or local health, law enforcament. or other appropriate agency; D. It will coney with the provisions of the Hatch Act, as amended (a U.S.C. 61501 at seq.) which I" to politicsi adlvrty of employees whose principal employment aetiv8les are funded in whole or In part with Federal Funds. E. Will comply. as MO ICBM*, with Ow provisions of the Davla-eaoon Ad (40 U.S.0 278a and 270&7). the Copeland Act (40 U.S.0 278c and 18 U.S.C. 874), and the Contract Work Hours and Safety Standards Ad (40 U.S.C. 327,M), regarding labor standards for federally assisted construction sub -agreements. F. WIN Comply, 9 applicable, with Rood Insurance purchase requirements of Section 102(a) of the Rood Dlsader Prolsatlon Ad of 1973 (P.L. W234) which requires the recipients In a special flood hazard area to participate In the program and to purchase Rood Inaranea If the total cost of insurable construction ere acquletlon Is $10,OCO or more. 0. Will comply with emAronmental stadards which may be presctibed pursuant to the following: (a) Inatitution of environmental quality control measures under the National Environmental Poky Ad of 1069 (P.L. 01.190) and Executive Order (EO) 11al4; (b) notification of violating fealties pursuant to EO 11738; (o) protection of wetards pursuant to EO 11090; (d) evaluation of flood hazards In Iloodplalm In a000dahcs with EO 11988; (a) assurance of program 72(114ofrittmdevelopedlthe Coastal Io�u� Ad of19(16 consistency with et approved.; state nomity or federal actions o State Ahjlmplementa n Plans Sedlon 178(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 at seq.); (g) protection of underground sources of drinidnp water under the Safe Ddrddng Water Ad of 1074, as emended (P.L. 93.523); and (h) protection of endangered spades under the Endangered Specbs Ad of 1973, as amended (P.L. 03.205). H. Will oorphy with the Wad and Soando Rivers Ad of 19W (16 U.S.0 1271 at seq.).releted to protecting oonporenle or potential oompo.nts of the national wild and scerdc rivers ayeWm. 1. W01 assist the awarding agency In assuring compliance with Section 108 of to National HbtorloPreservation Ad of 1988, as amended (16 U.S.C. 470), EO 11593 ( 1111cation, and protection o1 Nstorlo properies), and the Archmologloai and Historic Preservation Act of 1074 (18U.8.C. 480a4 at seq.). J. Will campy with P.L. 03.348 and 45 C.F.R„ Part 48 regarding the protection of human wMeds Involved In researoh, development, and related activities supported by this award of assistance. IC WB comply with the laboratory Animal Welfare Act of 1986 (P.L. (19-W as amended, 7 U.S.C. 2131 at seq.) p��ca�,ha ais award of �� of warm blooded animals held for research, teaching, or other L. WIll oompy with the Leed•Sased Paint Poisoning Prevention Ad (42 U.B.C. 4801 at seq.) w rich prohibits the use of lead based paint In oonsbucdon or rehabilitation of m Wane stnrotures. KIL Will cause eo be performed the required gnandal and compliance Wells In accordance with the Single Audit Ad of 1084, as amended, and OMB Circular A•133, Audits of States, Local Oovenrmnis, and Non•Prdit Organization& Will comply with oil applicable requirements at all other Federal lava6 executive orders, regulations, appllostion guidelines, and policies governing this program. Page 13 of 22 N. The ARRA4wWard cones federal fords wln be ussd to supplement o"nq funds, and wOl rat replace (suppl of have boon apprapoated for the same p owsB. ARRA-redpbnt may be repuhed to supply doou fY jga that a reduction In non-federal resources ocaxred for reaeone odor than the receipt or cts ofigdoofunds. Ran Bottom Ofty Manow PrInted Nana, Tide. City of La Porte CflyACounly Pape U of 22 EXHIBIT C CERTIFICATION REGARDING LOBBYING FOR ARRA4tECIPIENT AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned, Ron Bgttoms. as the auVwft d afftcial of City of La Ponecertlflos the following to the bast of htalher WvMedgo and belief. A. No federal appropriated Curds have been paid or shall be pold by or an behalf of the undersigned to cry person for influencing or attempting to Infiuenos an officer or employee of an agency, a member of Congress, an officer or employee of Congress or an employes of a member of Congress In connection with the awarding of any federal ARRA-reelplent Agreement the making of any federal Want the makng of any federal loan. the entering Into of any cooperd" agreement and the eanalon, continuation, renewal, amendment or modllicatlon of any federal ARRA• reclpls t Agreement, grant, loan or cooperative agreement. B. If any funds other Ihan federal approp fated funds he" been paid or shall be paid to any person for Intluenclng or attempting to Influence an officer or employee of cry agency, a member of Conprose, an officer or employee of Congress, or an employee of a member of Congress In connection with this federal ARRA•reclplend Agreement grant loan or cooperative agreement the undeiigned shall complete and submit standard form Disclosure Form lo Report Lobbying form In accordance with Its Instructions. C. The undersigned shag require that the language of ttds certification be Included In the award documents for all sub -awards Including subcontracts, wit rwb and Program ARRA-reclplerd AgreemeMe under grants, loam, and cooperative agreements and that all ARRA-redplents shall certify and disclose accordingly. fwlimiklj la a material representation of fact upon which reliance was placed when Ws transaction was made 8 tasion of this csNgcation Is a prerequlstlo for malting or entering Into this transaction Imposed $62/ylny person who falls to Re the required ceNsoatlon shall be subject to a civil penalty of not losed rdk mare than $100,000 for each such failure. Ron Bottoms, City Manager PMW Name, Tills CM at La Pale CltylCounty Pegs 15 of 22 Exhibit D 2010 ARRA Terms and Conditions Department of Energy The following Department of Energy (DOE) Special Terms and Conditions, Award Number DE- BE000OO93A , and other applicable DOE terms and conditions are hereby Incorporated Into this Agreement. A. Site Melts. DOE's authorized representatives have the right to make ate visits at reasonable times to review probd accomplishments and management oorad systems and to provide tsohnkW assistance, If required. Subreciierds must provide, and must require 8, rftdors to provide, reasonable aceoas to facilities, office space, resources, and assistance for the safety and convenience of the govemmam epresenta0ves In the performance of their duties. All site visits and evaluation$ must be performed Ina mariner that does not unduly Im rfee with or delay the work. S. Decontamination and/or Deeommiselomng . (Di1D) Coale. Nolwhhetandlnp any other provisions of We AgreementDD&D of ary, the DOE or off the SSubr�en� es. or (A) arty responsiblepient " riot be which may b le nor the Subrsdplantr�coonnsotlofor n with the D&D of any of its facilities due to IN performance of the work under this Agreement, whether said wok was performed prior to or subsequent to the eflecM date of the Agreement. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER ARRA May 20011) A. Row Down Requirement. Subredpfem understands that Oompbdler/Reelplent Is subject to the fallowing proviebm. Subedpiard shall cooperate with ComptroRer/Reolplem relevant to such compliance. Subre iplent must Include those spsoW tome and conditions In any auboontaota. D. Bagregarlton of Coate Recipients mud segregate the obligations and expenditures rotated to funding under the Recovery Ad. Finandel and accounting systems should be revised as necessary to segregate, trait and maintain these funds apart and separate from otter revenue Weems. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of malting payments for coats allowable for Recovery Ad projects. - C, pIghlbllon an Use of Funds. None of the funds provided under this Agreement derived from ARRA, may be used byo�any—State or local government, or any private entity, for any casino or other gambling establishment aquarium, zoo, golf course, or swimming pod. D. Access to Records. With respect to each financial assistance agreement awarded uNlring at best some of the funds appropriated or othsrvdss made available by the American Recovery and Rehwestmem Act of 2009, Pub. L 111-5. any representative of an appropriate Inspector general appointed under section S or 80 of the Inspector General Act of 1 M (5 U.S.C. App.) or of the Can folello General Is authorized — (1) to examine any records of the Subrodplenl or 8uhredpiad Suboonbaotor any of Its subcontectoe or any State or local agency administering such contract clef pertain to, and Involve transactions that relate to, the gram or subcontract; and (2) to Inlentew any officer or employee of the Subredptem or 6hbrecipferd Subcontractor agency regarding such transactions. E. Publication. An application may conteln technical date and other date, Including trade ascrets and/or privileged or confidential Information, which the Subreolpfent or Subredplen Subcontractor does not want disclosed to the public or used by the Govemment for any purpose other than the application. To protect such date, the Subrecipterd or S bredptent Subcontractor should specifically Nervily each page Including each One or parawaph thereof containing the data to be protected and mark the cover sheet of the application with the following Nodee as wall as referring to the Notice on each page to which the Node applies: Nona of asetktlon on Disci= and Use of Data The date contained In pages -- of this application have been submitted In confidence and contain beds secrets or proprietary Information, and such mvkfed thal If this Subr m or 8ubrsdplant Subcontractor receives an award as a resultata " be used or disclosed ofor In corm npurposes, Uowith the submission of We applke0om DOE shall have the right to use or dlsdo» the data here b the eiders provided in 0o award. This restriction does rat OmI the Gowmmemb figghtlh1 to use or dledoss data obtained without restriction from any source, Including the Subreaplam or Subredplent Suboonbactor. Information stout fhb agreement vAl be published on the bdemet and linked to the wete2e wwwnioovary.gov, maintained by the Aom riteb011y and Transparency Bard. The Board may axdude posting contractual or other tnformation on the webale on a case -try -ass basis when neeeaea y to protect national security or to protect Informadorn that Is not subject to dbdaue under sections 552 and 652a of We 5, Unked Sloes Code. Page 10 of 22 P. Profactho State and Local Government and Contractor Whlatleblowera. The requirements of Section 1553 ProhiWtlon on An employee of any non -Federal employer receiving covered fumb under the ARRA, may not be , demoted, or otherwise discriminated against as a ropdeai for disclosing, Including a disclosure made In the ordinary course of an employeds dudes, to the Accountability end Transparency Board, an Inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authority over tee employse for other person worldrtp for the employer who has the authority to Investigate, discover or terminate mbc Wuoq, a court or grand jury, the head of a Federal agency, or their representatives Information that the employee believes Is evidence of: — gross management of an agency contract or gram refacing to covered funds; — a gross waste of covered hands; — a substardlal and specific danger to public health or am" related to the brosmentatlon or use of covered furid — an abs; use of arihority related to the Implementation or use of covered funds; or — as violation of law, nAe, or regulatlon related to an agency contract (Including the competition for or negotiation of a conbad) or grant, awarded or issued relating to covered funds. Agency Action: Not later than So days after receiving an Inspector general report of an alleged reprisal, the head of the agency shall determine whether there Is suMclent bads to conclude that the non-Faderel employer has oub)ecled the employee to a prohibited reprisal. The agency "I either Issue an order denying relief In whole or In part or shall take one or more of the following actions: — Order the employer to take alfir nid" notion to abate the reprisal. — Order the employer to reinstate the person to the position get the person held before the reprisal, together with comperksation Including back pay, compensatory damages, employment berefits, and other tees and conditions of employment titat would apply to Via person In that position If the reprisal had not been taken. — Order the employer to pay tee employee an amount equal to the aggregate amount of all costa and expenses pnduding attorneys' fees and o)W witnesses' fees) that were reasonably Incurred by the employee for or In connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of compatsnt Jurisdiction. Non•entoresablity of Certain Provisions Waiving Rights and Remedies or Requiring ArblMon: Except as provided In a collective bargaining agreement, the rights and remedies provided o aggrieved employees by this section may not be waived by any agreement, policy, form, or condition of employment, Including any prods" arbitration agreement. No predlapute arbitration egrosment shall be valid or errorceainle II it requires addtrailm of a dispute arising out of this section. Raquiremenl to Post Notice of Bights and Remedies: Any employer receiving covered funds under ARRA, shall post notice of the rights and remedlos as required therein. (Refer to section 1553 of ARRA, vaew.Recovary.gov, for specific requirements of this motion and prescribed language for the notices.). LM;DTI N. Palse dolma Got Recipient and Subreclptents shall promptly refer to the DOE or other appropriate hepeclor General any credlhle evidence that a principal, employee, agent, contractor, Subredplent Subcontractor, subcontractor or other person has submitted a hJse claim under the False Claims Act or has commuted a criminal or civil violation of laws paruilnlrg to fraud, conflict of Internet, bribery, gratuity or dndlar misconduct im oMng those funds. I. . Subrsalplent may be required to submit backup documentation or ergtendWres of funds the AR Including such Items as timecards and Invokes. Subrodplent shall provide copies of ledwp documentation at the request of the Contracting Officer or designee. ,L Avallobaity of Punch. Funds obligated to this award are available for reimbursement of costs as provided In Exfdbit G. K. yam, With respect to funds made available to State or local governments for Infrastructure trwesimems under ARRA, the Governor, mayor, or other chlet emoutive, as oMmpdate, oerdfled by acceptance of We award that the Infrastructure Investment has received the full review and vatting required by law and that the chief executive eco" responsibility that the Irdresuucture Investment te an appropriate use of Isomer dollars. Recgttent shag provide an additional certification that Includes a description of the Investment. the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A Slate or local agency may not room," Infrastructure Investment funding from funds made available by the Act unless We certiloatbn Is made and posted. Page 17eln REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF ARRA Recipients and their Ong tier Subrodplems must melrriatn current roplstra0one In fe Central Contractor Registration (htl Av w.=4o0 at all limas during which they have naive lode d awards funded with ARRA funds. A Dun and Bradstreet Data Unlwrad Numbering System (DUNS) Number (hfp YA~.dnb com) to ons of the reguiremente for registration In the Central Contractor Reglatrallon. DOE ASSURANCE OF COMPLIANCE, NON DISCRIMINATION IN STATE ASSISTED PROGRAMS Subrecipletd agrees to cempfy with Title VI of the CM Rights Act of 1904 (Pub. L. 884M. Section 18 of the Federal Energy Administration Ad of 1074 (Pub. L S3 27t7, Section 401 of the Energy ReorgeNsatlon Act of 1974 (Pub. L 934W), Title Di of the Education Ama dmants of 1972, as amended (Pub. L. 92.318. Pub. L. 934M and Pub. L. 54482), Section 904 of the RehahNtsdon Act of 1973 (Pub. L 93-112). the Ape Discrimination Act of 1977 (Pub. L. 04.136), Title Vill of the CMI Rights Act of 1968 (Pub. L 90.284), the Department of Energy Orpaizaton Act of 1077 (Pub. L. 95-91), to Energy Comorvaton and Production Ad of 1976, as amended, (Pub. L. 9"85) and TISe 10 Code of Federal Reguiatons, Part 1040. In accordance with fro above laws and regulations tssued pursuant thereto, the Subrodpla t agrees to assure OW no person In the United States shad, on the ground of race, color, national origin, sax, ags, or dtsablity, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or adWty In which the Subrodplard receives Federal assistance from the Depanment of Energy. Applicability end Period of Obligation. In the case of any servIce, financial all, covered employment equipment, property. or structure provk44 leased. or Improved with Federal assletance fun ft extended to Subredpdent by the Depstrnsnt at Energy, ids eeaurence obllpatss Subrsuipknt for tine period duriury which fhe Federal amMancs Is exts nded. kh the areas ct any traheler of such ssrvko, finarudd eta, equipment propsM, a structure, tide awurence ablgstas Ue transferee far tine period during wiieh Federal asalstsnce b exended. tarty personal properly ts so provided, lhts asaurenhoe abdgatee Subreo�lbtht }o the period durlrhp vrhbh it readns ownerehtp a phxiasaelon d the properly. In a0 other cases, lints nesurance abOpatas Subrodpient tar the period durirhp winch the Pectoral asalstace ts extended b Subredpbrd by the Dsparlmant ct Energy. Employment Pracdoss. Where a primary object es of the Federal assistance Is to Provide employment or where Subreciplemb employment pradcea affect the dellwy of services In programs or acdvlttss resulting from Federal asslstsrhce adsnded by the Department of Energy. Subrecipbnt agrees not to dieedninale on the ground of race, color, National origin, sex, and disability, in Its employment Practices Such employment practices may Include, but am not fimlted to, recrullmend, advartis ng, lidmp, layoff or termination, promotion. demotion, intruder, raise of pay, Valuing and participation in upward mob0ty programs, or other forme of compensation and use of fadlNss. Subreolptard Assurance. Subrodplem shall requee any IntIM al, organization. or other entity with whom it subcontracts, subgrards, or subleases for the purpose of prwldIng any service, financial aid, equipment prop", or structure to comply with laws cited above. To this and, Subraclosru shad be required to sign a written assurance form: however, the obligation of both re iplard and Subroc sat to ensure compliance to not reamed by the collection or suWMsslon of written assurance forms. Data Collection and Access to Records. Subroclplenl agrees to couple and maintain Information pertaining to program or activities developed as a result of Subreciplenfs receipt of Federal aeststancs from the Department of Energy. Such Information shad Include, but is not Wltsd to the folowIng: (1) the manner In which serdoas are or will be pWdad and related data necessary for determining whether any persons are or will be denied such ssrvIm on the basis of prohibhed dlealmlrmtion: (2) the population espbts to be serviced by race, odor, national origin, sex, and disability,. (3) data regarding coveted employment Including use or planned use of bldnpual public contact employees serving beneficiaries; of the program where necessary to pemhlt elfeotvs participation by beneSdMse unahls W speak a urhderetaM Erhptish; (4) to loaetlon of hpdetlhp a proposed fao®tles oonnndsd vAdh the program and related btormef)on adequate to detemdnlnp whether Ne location has a will have to eflect d unneoaseaM dsrrylrup eooass to any ppeerson on the boats of prohidte0 dtsalminatian; (6) the present w Proposed membarshlp by rocs. actor, nstiond origin, sex. end rlleablfity, trh cry pisnuinp or advisory lwdy which ts en integral pert ct the ram Weaaure aunpl�larc�e by Subreolplents with lamas died b the that perapraph of Ws �essurar cs to the ohdpaton Subretipbnt agrees to submit requested data to Ow Depertrthsnt of Energy regardb0 programs and activities developed by the Subraiplant from the use of Federal funds extended by the Department of Energy. Fa ll tles of Subredplent Pnduding fro physical plants, builfings, or other structures) and dl records, boolm, acceuntk and other eowm of Information pertinent to Subreoblenfs compliance with the dal dglds laws shad be made avasable for Inspection during normal business hours of request of an officer or employes of the Department of En sW spedflcany eullarized to maW rich Inspections. Instructions In fhb regard will be provided by the Director, Office of twit Rights. U. S. Department of Energy. Pepe 18 of 22 This assurance Is given In conalderatiorx of and for 0e purpose of obtaining any and all Federal greats, loans, contracts (wduding procurement contracts), property, discounts or other Federal assistance wft ded after the date hereto, to Subrodplama by the Department of Energy, Including Installment payments on a000um after such date of application for Federal assistance which are approved before such date. Subreciplent recogNzes and agrees that such Federal assistance wW be extended In reliance upon the reproaentallons and agreemems made In Ihts assurance and that the United State shall have the right to seek Judicial enforcement of this assurance. This assmum Is binding on Subreciplem, Its successors. transferees. and assignees, as well as the person(s) whose slgnahn appears below and who Is authorized b sign this assurance on behalf of hlbredplem. SubreclpleM Certllloetbn. Subrodplem certifies that 0 has complied, or that, within 00 days o1 the date of the grant, It will comply with all applicable reWraments of 10 C.FJi. g 104U (a copy WU be furnished to Subredpkm upon vAlten request to DOE.) Page Igo? 22 mug e APIAA Mft*cWmt AfW5* ■tee... roo"q ARP MW MOMsut bod nw w asl aaWommnmWa saatj&�udbomoodumhave of Ow stmmtww axes any mom we um, I undasww u I amaeaMnp AWtA AmftOsm CPA, s Texse sorts aaawy. I undo dud OW nK"Qnl+aum vAM.wywd 0 mqd msnb ooM hs traded a a rkMm d Ow amrd spowwd Nwlmrpblhaa4hlwldbpdAmd►,dabemx aamadwminetlonawapenslo0,eeepProprbb. I urdentmb OW d b a bderd abw unW t8 UAA. Sodon 1401 to Inv molter wANn Ow Asb"on d tw axaoutlw banah at No U.B. OowmmonL Isnoidaah� ww vo* make sW mehmdy On O uo^ a &SAW sWomwd a mpreanbdon, a to make a ua &W Nw woq or dowmwd k oft tlmt k asnI I Ow aamw 1 ur*rsW d the pmeerdkp ate)" a Inaukdeat datm, Inv*,* a In Pu4 a oau ft aaaw, may WAOd roe b dM panwis a Prodd d k r In 81 USA 8adbn am I uMaWrd OWN to a fWwW oasma under 8aoaon 87.10, Taxes Pad Cade, b knowbply mdm a bbs entryl%a bla dwdon 104 a gmmwdd NOOK or b nmk► lxaam, or we a aovem nsAW rw, %Ah MvAW e d ke oft when ON sofa hse me bmW b hum at ddmA anoaw. I undK"W #W ON o0am d poory, w des Oeoaoa 074% Tom Peed 00da, Is owmdW when a PWNN %lest Wag b dsoeM Oro Wm kvMedq d aN ddo ws4 madrp, mom a hMs st111 1 urdsr oath or aurae to Ore"d a Wn stsbrWat p v4m* made end the atsaarrM to mgAW or wAotW by law to be made uada a" Turd at"mydgWdonbU*dAWAmdsand%MAWAndsooL, be0omtn�0WmNwAMAaads. I amW my ohgmdar to Irm Wddy mW uy known or pAomldft pea wd mda, fraud, and oboes d tmde Mdho � at a" 02-M& bt w � out 11 racp" an auEtmft*M so Wam ow"d wtaa made &AAW is wdx Ow Ad to so a do t aMd" aroma ft 10 as at ON dvm I heNby Omar W mows pftw maw Poe Roof 92 exhibit P ARRA Subreolplert'a Contractors Affidavit I, an authorized representative of- a sds ProPds�shiP, partnership, owporatlon, tirdted IlablIlty company, norprofft organization. Famine eMRy, ppgticd subdMelon. a other srdlyJ (iris one) that b recdvinnpp ARM funding herby avreer and affirm that, to Bs bast of my knnoeledgs, Inderrsd aontrob, prooeseee and prooeduras have boon aaign.d end Implemented to help sown tied Bb Snmredplent Suboonfracior and is use of Boss Nrnda oarnpties with the fotlo drop: epp0oeble state Iaw; federal law, Irtdtndlnp lederai napoNrnp roqulrertsrta under Section 1612 ill the Act ti applloabb; odes repubdas; and other rslevad putdancs. I turthw swear end atllnn Bat ai of the atatemerna rtede end Irtormatbn provided herein, tndudrp etatomente made and br�rmr provided In arty s:ddbM tiro true, oonpkOs, and correct, te cis boat d my know) I untleretard that 1 am racelvinp ARRA funding from a powermnentel entity (ally or oounM through CPA, a Tame aids apenoy. I understand that non-compllarm with reporting requlrerronb could be treated as a violation of the award agreement restdting In the withholding of funds, debarment, or award termination or suspandon, as appropriate. I understand that it Is a fed" crime under 18 UB C. Section 1001 to, In any matter within the )urladbtlon of the mmutIve branch of the U.B. Government k wvAngy and willfully make any materially Was, k9lious, or fraudulent statement or reprssenhaUon, or to make or use arty labs writing or document knowing that It contains the same. 1 understand that presenting a tales or fraudulent dim, In whole or In part, or causing aeme, may subject me to civil penalties as provided for In 31 U.B.C. Section 3720. 1 understand that I Is a felony offense under Section 37.10, Terms Panel Cods, to kvM ngy make a Was entry Ih, or few aaeret)on of, a governmental record, or to make, present, or use a governmental record W11h knowledge of Its Wyly, when the actor has the Intent to harm or defraud another. I understand that the offense of perjury, under SaWon 37.02, Tom Pond Code, Is committed when a person, with Intent to deoolw and wph knowledge of the stater sni's meanhhp, make a faw statement under oath or swears to the truth of a false stalemenl previously made and the statement Is required or aul prized by law to be made under oath. I understand my obligation to back all ARRA funds and that ARRA funds gnat be oomiroed with Non-ARRA funds. I also understand my obligation to Immediately report any known or wepeded waste, fraud, and abuse of funds received under the Act to the United Slates Government Accountability Olfke at (800) 424-6484 and the Tom Slate AudItors Me at (800) 882.834& 1 herder undaetand that I will require all subcontractors with whom 1 contract udng funds made available under the Act to don a etrrdbr amdavh swoaing to a0 of the above. I hereby swear and affirm that 1 have read One erttre aMdavlt and I understand Its contents. Subreciplert Subcontractor Name AMant SlgnMm Fug Name Sworn and subwribod before me by the said (Printed Name of Recipient's Authorized Representative) this _ day of 20_ Notary Public, Sate of Texas Notary's pentad nano: fvy commission expires: (Seal) Papa 21 of 22 ATTACHMENT 0 3talemant of Work and Budget CIy of Le Ports — Energy Efficiency and Conservation Block Grant Program Type of Project 6 Description: AcUy Cmegwfr: (1) Building Energy Audits E Rotro6b Thle project consists of lighting reb'd eplacemont HVAC replacement and HVAC them *W replsament for maple City IledUllp. AODVOWd OUGO Far cost Og soar COST.BUDGET, Audit $0.00 Consultant III= Travel $0.00 Subcontractor Project equipment $0.00 Other Direct operating Dwenes Total Budget f66,356.00 P,md* ad $9,240.00 Told DaYRNf14a tD eM under fhb Agreement shall riot jidfj4 InaccordancowlththeAgreeMba Tasks to be performed In completing the project The ARRA-recipient shell complete all of the Teske as set forth below and the ARRA•reciplsM shell provide IMormatlon regarding such task (Teak that 6wludssW haft equlprnont must 4rohrds: how merry ahs, model refhy ens Plows inckde fie dab you anGtdpele each teak wfabo oanp/eW Tha rows wID expand ea you An.weed Gnu N nffiO& aM . Tpk . . � Ttmtllm el t Fairmont Parkway t 24 lightWdures with energy efficient Juy 20104anuary Wilts. 2011 City Hall-804 West FalmwM Parkway Aratell 6 programmable HVAC thermostale to replace old July 2010Jenuary ones. 2011 Fire Station 01-124 S r Street — keplaft =Mq 10 ton t1VAC unit with new 10 ton energy July 20104aramry unit wth EER ratino of 10.6. 11 Roasstbn Fllneaa CsMer-1J22 S. — Replace High Bay metal 96- ra T6 July ry fluorescents. Pteolace T12 la ffzhxea with T 2011 JennieN. 4 — Rig! till T12 Imp ngldb Ihcbues with T12 July 2010January Imp fixtures, repfaee 6 w& lights wth LED and replam wA* for Ughta with energy ettident wall 2011 mounted fbnbaes. Jennie Rosy Civic Csntor-02Y N. 4w Street— Ropleos 6 ton untt wen 6 ton energy 810clam July 2010Jamury EER rellno of 13. 1 Public Wmk&2= N. 29rd Street— Repleos 220 T12 lamp, magnetic ballast W fives wIth July 2010Jamary TO lamp, dwft* ballasts Warsa. Replace 94 metal halide 2011 fixtures with high ougttd T6 Ught ffzbass. Rdml t 27 B', T1216d m with new T6 tamps and ballasts. Special Fitness Center- — plead 0 1 lamp meta July 2010Jarwary halide fadures T8 and T6 lamp fidures. 2011 Pima noto buMnya over44 years of aye w1Y rmWtr@ review and rot"" by the Taxes HistoAcal Commlesbn prior to engaging In an acdWW. State Energy Conservation Office ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT APPLICATION Office of the Texas Comptroller of Public Accounts 111 E. 171• STREET -Room 801-A - AUSTIN, TX 78711 - 512.463.7392- W W W AEG DST I M L LI< QRG/RLO GKG RANT n! �G G%1I Energy Efficiency and Conservation Block Grant Application Instructions Instructions: Please submit a completed Energy Efficiency and Conservation Block Grant (EECBG) application to the Comptroller's State Energy Conservation Office. Sections A, B, C and D of this application (pages 1-11) must be completed; please be accurate and thorough to avoid delays in processing. Where no response is possible, or if the question does not apply to the proposed project, it should be marked N/A. Attachments and additional pages are not required unless specifically requested in the application. Additional information will be requested if necessary. Submission Options: Completed and signed applications may be mailed, faxed or scanned and emailed to the SECO Stimulus Office. Mailing Address: Fill in the WORD form electronically, print, sign and date, and then send to: Texas Comptroller of Public Accounts Attn: SECO Stimulus 111 E. 17th Street, Room #801-A Austin, TX 78711-1440 Email: Fill in the WORD form electronically, print, sign and date, and then send to: SECOstimulus@cpa.state.tx.us. Fax: Fill in the WORD form electronically, print, sign and date, then send by fax to: (512) 936-0042. Mark your cover sheet, Attn: SECO Stimulus. Phone: If you have questions, please contact the SECO Stimulus Division at (800) 531-5441, ext. 3-7392 or (512) 463-7392. REMINDER: Please keep a completed hard copy for your records. ATTACHMENT A Energy Efficiency and Conservation Block Grant Application (Please type or print clearly) Entity Name (The name of the governmental entity applying, e.g. City of—, County of -.): of La Porte City/County DUNS#: 010804755 TIN#: 746001552 For Texas energy stimulus programs funded by the Department of Energy, all recipients of project funding are required to obtain a DUNS Number prior to the award of grant funds. >> Request a DUNS Number online (http://fedgov.dnb.com/webform] Have you registered with Central Contractor Registration [CCR)? Yes X No ❑ For Texas energy stimulus programs funded by the Department of Energy, all recipients of project funding are required to register with the CCR prior to the award of grant funds. >> Sign up for Central Contractor Registration [https://www.bpn.gov/ccr/default.aspx] Application prepared by: Name: Reagan McPhail Title: Public Improvement Coordinator Telephone: 2814705065 Email: mcphailr@laportetx.gov Is this person a Consultant? Please specify: Yes ❑ No Z srrrrrrsrrrrrrsssrrrrssrrrrrsrrrrsssrrrrssrrr►►sssssrrsssrrrsrssrr►rrsssrrrrssssrrrssrrr►sss Authorized Official: (The highest ranking individual that has authority to make decisions on behalf of the governmental entity. This person ultimately has the responsibility of acceptance, completion and compliance of the EECBG program and funds.) Name: Ron Bottoms Title: Telephone: 2814715020 Email: bottomsr@laportetx.gov certify that I am the highest Authorized Official of the City of La Porte and affirm that all of the statements made and information provided herein, including statements made and information provided in any attachments are true, complete, and correct, to the best of my knowledge. Signature of Authorized Official OVSECO H,u WrpYConurvNon afire Page 3 of 13 Date SECTION A — Project Summary Proposed Project Category: (Select the category your proposed project falls under. Check all that may apply.) 1. Building energy audits and retrofits (Please review Section B to determine if you need to complete the Environmental Questionnaire, NETL F 451.1-EECBG). ❑ 2. Installation of distributed energy technologies including combined heat and power (CHP) and district heating and cooling systems. ❑ 3. Installation of energy -efficient traffic signals and street lighting. ❑ 4. Installation of renewable energy technologies on government buildings (Please review Section B to determine if you need to complete the Environmental Questionnaire, NETL F 451.1-EECBG). Project Name and Location: Give the project or activity name and give a physical location. If the project will affect multiple locations, please list all affected locations.) For example: A project to retrofit lights at City Hall may read: Name: City Hall Light Retrofit Location: 1521 Great City, Best, TX 78222. Name: City of La Porte Light Retrofit/Replacement, HVAC replacement and HVAC Thermostat Replacement for Multiple City Facilities Location: City Hall - 604 West Fairmont Parkway; Public Works — 2963 N. 23 rd; Fire Station # 1-124 S. 2" St.; Special Programs Center-1302 S. Broadway; Recreation Fitness Center —1322 S. Broadway; Jennie Riley Civic Center — 322 N. 4`h St. Does the project or activity involve a building that is more than 45 years old, a historical building or historical site? Yes ❑ or No 5J. If yes, please list the building(s) or site name(s) and location(s): SUMfMpycM{MVNbll M6n Page 4 of 13 Projecf Description (attach additibiPal sheet if needed): tExplain projector activity in detail from start to finish. Please include purpose and benefit of project in addition to any equipment to be purchased, energy audits, if applicable, etc. If more than one proposed project category was chosen above, please indicate descriptions for each.) An energy audit was conducted for the City by Clearesult Consulting with lighting being their main focus. The audit identified 221 lights as being eligible for replacement. City Staff identified another 75 lights as being eligible for replacement. Staff as well identified two HVAC units that qualify for replacement, a 10 ton unit and a 5 ton unit. Staff also found an antiquated pneumatic HVAC control system located at City Hall. Fire Station #1— HVAC Replacement This project is to replace a 24 year old 10 ton A/C unit having an EER rating of 5.5 with a 10 ton unit having an EER rating of 10.5 Jennie Riley Civic Center— HVAC and Lighting Replacement Lighting - This building is approximately 30 years old. The goal is to replace 60 each interior T12 fixtures with 'SUPER' T8s, replace 8 exit lights with LEDs and replace exterior lights with wall packs. HVAC— replace an old 5 ton package A/C unit with a SEER rating of 10.2 a 5 ton package unit with a seer rating of 13. Public Works Building— Lighting Replacement Replace a total of 120 light fixtures, replace the existing 4-lamp T12 fluorescents with magnetic ballasts to 2-lamp 'Super' T8s fixtures, which involve High -Output 32wT8s combined with premium electronic start ballasts. This will save about 100 watts per light cutting energy costs by half. The T12 fixtures with 8 foot lamps will be retrofitted to T8's with RLO ballasts. The replacement of the high bay Metal Halide fixtures with High -Output T5s will cut the operating cost by more than half. These fluorescents will produce less heat resulting in the reduction of cooling cost. Special Programs Center— Lighting Replacement /Retrofit The building is equipped with 67 lights of both high bay metal halide and T12 fixtures. The goal is to retrofit the 2-lamp 8 foot T12 fluorescents with RLO ballasts; the 4-lamp T12 fixtures are to be replaced with 2-lamp 'Super' T8s. The metal halide with High -Output TSs Recreation Fitness Center- Lighting Replacement /Retrofit The building has 60 lights identified as candidates for replacement or retrofit. The high bay metal halides are to be replaced with High -Output and TS fluorescents again cutting the operating costs by more than half as well as reducing the cooling costs due to the reduction of heat being generated. The 4-lamp T12 fixtures will be replaced with 2-lamp 'Super' T8s. City Hall -Lighting Replacement/Retrofit There are 24 lights identified as candidates to be retrofitted or replaced. The 8 foot T12 lamps are to be modified by installing RLO ballasts whereas the 4-lamp T12 fixtures will be replaced with 2-lamp 'Super' T8s. HVAC — City Hall is equipped with an antiquated pneumatic control system. The City proposes to install 5 programmable thermostats, allowing for greater control over operations and increased efficiency. OVSECO wu[ acm..n.tw. ow. Page 5 of 13 Motiori Light Sensors The City proposes to install motion light detectors within the above listed buildings. Motion detectors are proposed for all restrooms, gyms, conference rooms, break rooms, mechanical rooms, exercise areas and dressing rooms for a total of 37 sensors. The City plans to divide the proposed tasks into two separate projects: Heating Ventilating Air Conditioning (HVAC) and Thermostat Replacement Project and the other Lighting Replacement /Retrofit Project. Each project will be phased: the design phase, bid phase and finally the construction phase. OV SECO Slide E"#r"C�a*`a`OIb4 Page 6 of 13 1 Proposed project or activity dates: Start Date: April 1, 2010 End Date: October 12, 2010 Start Date: Estimated date when the entity expects to begin actual work.) End Date: Estimated date the project will be completed. All projects must be completed by April 2012.) If the project or activity will take longer than 30 days to complete please include an estimated time line. For example: Start contractor bid process: March 22, 2010 Select contractor: March 29, 2010 Purchase equipment: April 15, 2010 Contractor installs equipment: April 19, 2010 Review of contractor work: May 3, 2010 Project completed: May 3, 2010 Begin Design Phase — April 1, 2010 Begin bid process — May 3, 2010 Open Bids — May 20, 2010 City Council Contract Award —June 14, 2010 Execute Contract —June 30, 2010 Begin Construction —July12, 2010 End Construction —October 12, 2010 Estimated Energy Savings: (If known, give the proposed total energy saved and the type of energy.) For example: Energy saved: 550 kWh or: Energy saved: 100 MCF Energy Saved: estimated annually 203,100 kwh OVSECO wnrn«vr Cewrv.uonalln Page 7 of 13 SECTION B — Environmental Questionnaire The environmental questionnaire, Attachment NETL F 451.1-EECBG, MUST be completed ONLY IF: • You have selected activity #1, Building energy audits and retrofits, AND your project FALLS OUTSIDE of the following criteria: 1. Installation of insulation. 2. Installation of efficient lighting, heating, venting, and air conditioning (HVAC) and high - efficiency shower/faucet upgrades. 3. Weather sealing. 4. Purchase and installation of ENERGY STAR appliance. 5. Installation of solar powered appliances with improved efficiency. 6. Replacement of windows and doors. KO • You have selected activity #4 Installation of renewable energy technologies on government buildings, AND your project FALLS OUTSIDE of the following criteria: 1. Solar Electricity/Photovoltaic - appropriately -sized system or unit on existing rooftops and parking shade structures; or a 60 kW system or smaller unit installed on the ground within the boundaries of an existing facility. 2. Wind Turbine - 20 kW or smaller. 3. Solar Thermal - system must be 20 kW or smaller. 4. Solar Thermal Hot Water - such as appropriately sized for small buildings. 5. Ground Source Heat Pump - 5.5-ton capacity or smaller, horizontal/vertical, ground, closed -loop system. 6. Combined Heat and Power System - boilers sized appropriately for the buildings in which they arelocated. 7. Biomass Thermal - 3 MMBTUs per hour or smaller system with appropriate Best Available Control Technologies (BACT) installed and operated. OVSECO waFn vc..a 'Waea Page 8 of 13 SECTION C — Controls Questionilchre The Controls Questionnaire is an informational tool for the SECO Stimulus group. All applicants MUST complete this form. Questions with "please explain" must be explained in the comments section. Attach an additional sheet if necessary. Question Yes No Comments 1. Has the entity received any federal funds in the last 3 years? ro Aj 2. Does the entity receive more than $500,000 a year in federal funds? 3. Is the entity required to have a financial audit? 4. What type of audit does the entity Annual financial audit receive and how often? S. In the last three years have there been any findings or weaknesses during an ❑ IS audit or monitoring during a review of the finances and operations? If so, please explain and attach separate sheet if necessary. 6. Does the entity have written administrative policies and procedures? DQ OV SECO Page 9 of 13 Question Yes No Comments 7. Is the entity able to track EECBG The City maintains a project reporting system expenses and payments separate from within the accounting system other programs? If yes, please explain. � ❑ 8. Does the entity have an accounting system? ❑ 9. Does the entity have a procedure to The City would assign a project number to the monitor the day-to-day project or ® ❑ EECBG project that shall allow the tracking of activity progress? Please explain, all applicable activity. attach additional sheet if necessary. 10. Has the entity had grant funds (state Harris County Texas de -obligated the Northside or federal) de -obligated in the last 5 ❑ Neighborhood III Home Grant funds due to the years? If yes, please explain. downturn in the housing market. The downturn resulted in the City being unable to sell the Northside Neighborhood II Grant funds within the program period. The City's intent is to re -apply for de -obligated funds. 11. Is the entity in good standing with any applicable debt due the State of ❑ Texas? 12. Does the entity have internal or external influences that would limit or ❑ prohibit participation in the EECBG program? OV SECO Page 10 of 13 SECTION D — Budget Eligible Allocation Amount: $86,365 (The amount you are eligible to receive from SECO.) Estimated EECBG project or activity Cost: $95,605 (The cost of the EECBG project or activity you have selected.) Total cost of overall project or activity (if applicable): $ (If you will use EECBG funds as part of a larger project, please list the cost of the entire project including EECBG funds.) Budget Guidelines Budget cost must be allowable, necessary and reasonable for proper and efficient performance and administration of the activity or project. List each expense under a specific budget category and give a justification for the expense. Allowable cost categories under the Energy Efficiency and Conservation Block Grant are as follows: • Personnel and/or Consultant (up to 7%) • Personnel Travel (out-of-state travel is not allowed) • Subcontract (Project Vendors) • Project related Equipment (list all equipment individually) • Other Direct Operating Expenses (materials, supplies, and fabricated parts necessary and actually used to carry out project or activity) Unallowable expenses under the Energy Efficiency and Conservation Block Grant are as follows (this is not an exhaustive list): 1. Advertising and public relations 13. Indirect costs 2. Alcoholic beverages 14. Insurance against defects 3. Bad debts 15. Insurance on lives of officers and trustees 4. Contributions and donations 16. Interest and financing costs 5. Cost of Money 17. Investment counsel and management 6. Entertainment 18. Leases 7. Fines, penalties and late fees 19. Lobbying . 8. Food and drink (except meals for authorized travel) 20. Losses on grants and contracts 9. General selling and marketing expenses 21. Memberships, dues, social and civic activities 10. Goods and services for personal use of employees 22. Organizations set up costs 11. Gratuities 23. Patent cost 12. Independent research and development 24. Any undocumented cost NSECO Page 11 of 13 Budget Categories: List the categories in which the entity will expend funds: (For example: personnel, subcontract, project related equipment, etc.) • If the entity will have administrative cost, the details of the cost (consultant name or staff name) must be included. • If the entity will purchase project -related equipment, the equipment must be listed individually with cost. Budget Amount: Amount or estimated amount. for the budget category. Justification: For each budget category, explain the reason for the expense and how the cost (or estimated cost) is determined. Budget Category Budget Amount Justification 10 ton A/C Unit $13,615.00 To replace an existing 10 ton 5.5 SEER unit for the purpose of conserving energy; Estimated total cost of materials and labor submitted by a local vendor. 5 ton A/C package $7,000.00 To replace an existing 5 ton 10 SEER unit for the conservation of energy; The cost estimate was unit determined by taking the cost of the above 10 ton unit and dividing it by 2. Motion Light Sensors $5,500.00 To install sensors to automatically control lighting usage as an additional effort to control energy costs; The cost estimate was derived from researching the cost of motion sensors and applying a multiplier of 2 to cover labor costs. Programmable $3,000.00 To replace a manual pneumatic A/C control system with a programmable system allowing for thermostats greater control of the A/C unit in an effort to reduce energy consumption; The cost estimate was determined from a recent contract to replace a programmable thermostat and applying a multiplier of 5, the cost includes all labor and materials. Super T8 fixtures $33,000.00 Replace 220 of the 4-lamp T12 fixtures with SuperT8s thus reducing energy consumption; The energy auditor Clearesult provided estimated cost for materials and a local electrician provided the cost estimate for the labor. The budget amount includes labor and materials. 8'-Lamp T12 Retrofit $4,050.00 Replace 27 of the 8' long T12 fixtures having magnetic ballast with RLO ballasts. The cost of materials was provided by the energy audit consultant and a local electrical vendor provided the cost estimate labor. The budget amount includes labor and materials cost. High Output T5 $28,200.00 Replace 94 metal halide fixtures with high output fluorescents ITS) to reduce energy Fixtures consumption and heat generation. The energy auditor provided the cost for materials with a local electrical vendor providing the cost estimate for labor. The budget amount reflects both cost of labor and materials. ��IdSECO wu Fnnpycawnwon o•u Page 12 of 13 LED Exit Lights $400.00 Replace 8 existing exit lights and replace with LEDs. Estimate cost is a result from the history of previous purchases. Cost includes labor plus materials. Exterior Wall pack $840.00 Replace halide wall mounted exterior lights with efficient wall pack lights. The cost estimate Lights again is the result of experiences from past purchases. The budget amount reflects labor and material costs. TOTAL BUDGET $95,605.00 OVSECO SUMEn Eonury tb wM1 Page 13 of 13 MAR-20-2009 15:52 n ESA P.001 RECEIVED MAR 2 4 2009 CITY MANAGER'S OFFICE ,11VSEC0 State Energy Conservation Office FREE WORKSHOP TO: Ron Bottoms, City Manager Please copy to: Facilities Director and CFO CGty: La Porte Dato MARCH 20, 2009 From: Kamdn Wolfe Fina 281-4705009 Re: ENERGY EFFictoucy WORKSHOP-APRIL 29, 2009 The 1Ay—-hop-la:provided.free-of-charge-by-the.State and will be directed primarily to Superintendents, Mayors, City Managers, Administrators, Board Members, Financial Directors, Facility Directors, Maintenance Directors and maintenance staff. If this datellocation will not work for you, identical workshops will be held this year at: San Angelo March 31 N-Ust� Apnl.29 HadingeNMcAllen area May 8 Amarillo June 26 If you have any questions you can call me at 512-258-0547, or email me at kwolfe()esa-enginee ts. com. Please register online at: www.texasema.org We hope to see you therel MARK YOUR CALENDAR AND REGISTER TODAY. n n 1 � � � � u n �' .. i t ii.� .. / �... 1_--- �--�.._— MAR-20-2009 15:53 ESA oQ7VX- � FO R-P U B�tI C_� AC:I L IT I:E S� P. 002 PYSECO Sum craw canmrvstlon 0111 c. tgNESVA--Y,-.APIiIL r20:09--=> 8.30 — 4:30 p.m. Houston -Galveston Area Council Free Lunch Included at Noon 3555 Timmons, Conf. Room A We are pleased to offer an energy efficiency workshop for you and your staff sponsored by the State Energy Conservation Office (SECO),.a division of the State of Texas Comptroller of Public Accounts and funded by the U.S. Department of Energy. With the Federal Government's new economic stimulus package funding energy conservation measures, you will find this workshop especially pertinent. The morning workshop is geared toward Administrative and Finance officials. The afternoon workshop is generally designed for Maintenance and Facility directors; however, all attendees will find both workshops practical and beneficial. Participants are welcome and encouraged to attend both workshops. A free lunch will be served between the two sessions. WORKSHOP 1 — ADMINISTRATION (8:30—12e30): Financing & Master Planning Business—. cials-and-administrator.s.wil[*Ue— usinessofficials-and•administrators.will'be Inform'ed-on'the variaus funding sources.and.procurement.methotli 2::%replacement.of_old-inefflaent-equipment. The "Master Planning" concept will direct attention to the need for long term planning for replacement of old equipment and the most professional method toward implementing these replacement projects. Setting Up the Energy Program g;, ,,+� „..;:r, •'.�+' The most successful path toward overall energy efficiency will be discussed in this session. Problems, solutions and performance of other districts and agencies will be used to determine the best approach for r,�., ,.. +►. your group to institute savings in each of your facilities. C14MO -Economic StImulua Plan Indoor Air Duality Revised air quality requirements have lead to significant revisions in the way building designers and maintenance departments treat energy consuming systems. 'The Issues and suggested recommendations for compliance will be discussed. Who Should Attend the Financing 8 Planning Workshonl Superintendents, Mayors, City Managers, Administrators, Board Members, Financial Directors, and Facility Directors responsible for budgeting and financing for facility upgrades, maintenance and operations department, equipment replacement and major system renovation projects. Register Online at xase .a MAR-20-2009 15:53 ESA P.003 WORKSHOP 2 -MAINTENANCE S OPERATIONS (12:00 - 4:30): This workshop will cover a wide range of topics relating to maintenance, operations, improvement of your facilities and continued education of personnel. "Repairing" the Maintenance Department Designed by experienced maintenance directors, discussion will entail changes that an be made within the Maintenance Department which will improve the operations of equipment and systems as well as improving the attitudes of the department personnel, Energy Efficiency through Maintenance & Operations Discussion will concern energy efficient operation for most primary energy consuming systems. —_— Lighting Illuminations With the possible exception of control systems, no area of the construction Industry has changed more over the past ten years than lighting. This discussion will explain the various lighting sources and fixture types available, the most r� appropriate application of each, and the, primary characteristics of illumination which must be considered for optimum lighting within your facilities. Indoor Air Quality See previous page for description. This session is repeated for those who were not in the morning session and is placed at the end of the day allowing early departure for those who attended the morning session. Who Should Attend the M & O Worksho ? Facility directors and maintenance staff responsible for maintenance and operation. Administration officials will also find the sessions before the afternoon break to be non -technical and benefidal for long-term planning. Have a Question? For more information contact the Workshop Team at ESA Energy Systems Associates, Inca at 512-258-0547 or Kamrin Wolfe at kwolfe esaen¢ineers_rrn. You may also contact SECO Program Managers: Stephen Ross (Local Governments): 522-463-1770 Glenda aaldwin (Schools and Hospitals): 512-463-1731 Presenters of the ram: ESA Energy Systems Associates, Inc., a Texas based professional engineering firm with more than twenty-five years experience in the field of energy efficiency, will be presenting these workshops on behalf of SEGO. CEU Credits: A certificate of completion will be mailed to participants granting CEU credits. Register Online at the new Texas Energy Managers Association website: www.texasema.0 Total P.003 S U S A N TEXAS COMPTROLLER Of PUBLIC ACCOUNTS C O M B S SECO STIMULUS February 22, 2012 Reagan McPhail Contract #: CS0750 City of La Porte 604 W. Fairmont Pkwy. La Porte, Texas 77571 e Dear Reagan McPhail: The State Energy Conservation Office (SECO) is required by federal regulations applicable to the American Recovery and Reinvestment Act of 2009 (ARRA) to perform certain standard reviews of Sub -recipients who have received federal funds. As part of this requirement, we are requesting specific grants management information to assist in the execution of a desk review. The purpose of the desk review is to: 1) Review any findings identified in your entity's A-133 audit report. Assess the corrective action plan in place to remediate those findings. Issue a Management Determination letter regarding the findings if your entity has expended $500,000 or more in federal funds, including other federal fund sources. 2) Review projects, processes, procedures, and documentation relevant to your participation in the ARRA grant program(s). Specifically, we will review the following areas: a. A-133 Audits b. Expenditures c. Equipment Inventory Management d. Procurement, including contract management e. Reporting f. Buy American Act ✓ g. National Environmental Policy Act h. National Historic Preservations Act i. Davis Bacon & Related Acts j. Solid Waste Disposal Act k. Treatment of revenues generated as a result of your grant (Program Income) 1. Monitoring for Your $ub-recipients SECO has contracted with an independent professional services firm to perform Sub -recipient Monitoring functions. As such, you may be requested to submit documentation that your organization has already submitted to your grant coordinator or other SECO contact. To ensure that the desk review is conducted in a timely manner, please provide the requested documentation submitted in electronic format via a CD to the address below: Texas Comptroller of Public Accounts ATTN: SECO Monitoring P.O. Box 13528 Austin, TX 78711 If your organization is unable to provide electronic copies, please send hard copies to the address above. All documentation must be postmarked no later than March 16, 2012. Please note we may be contacting you or your staff to clarify documentation and/or to request additional documentation not included in this initial request. All Sub -recipients who have received ARRA-funded grants will be receiving this communication and will be asked to provide the necessary documentation. This mandatory desk review process is in place in order for SECO and the State of Texas to maintain compliance with the American Recovery and Reinvestment Act of 2009 (ARRA) and the U.S. Department of Energy grant management requirements. Refer all questions regarding this request to the SECO Monitoring Team at SECO.Monitorine(a)cpa.state.tx.us or (512) 463-7828. We look forward to working with you to achieve compliance with all federal regulations. Sincerely, State Energy Conservation Office Texas Comptroller of Public Accounts Attachment 1: Initial Information Request S U S A N C O M B Date: 09/07/11 Contract No. CS0756 TEXAS COMPTROLLER Of PUBLIC ACCOUNTS SECO STIMULUS Sub -Recipient: Cityof LaPorte Copy To: Reagan McPhail The attached invoice that you submitted has been rejected and returned to you. The rejection reason(s) are marked with an in the following list. Please correct these errors or omissions and resubmit the entire invoice with all suDDortin¢ documentation by either email or fax to: I Texas Comptroller of Public Accounts `I Budget and Internal Accounting Division Accounts Payable Email: secoinvoicesQcoa.state.tx.us Fax: 512-936-9227 c Submitting a payment request directly to Grant Coordinator or; , 'to a`different email address or fax ; .number results in delaycd� processing and payment:' ®Incomplete or Missing VISS Form — The Voucher Information Summary Sheet (VISS), is available, at hgg://www.seco.cna.state.tx.us/arra/docsNISS Form.odf. The VISS must include all of the following information: the Sub -Recipient Name, Contractor Number, Vendor ID (Texas Identification Number), SECO Grant Coordinator Name, Period Covered by Claim, Total Amount of Claim, Request Number, and Applicable Program. The claim must be itemized by the same budget categories approved in your executed contract. You must sign and date the Buy American Certification block. ` ® Invoice Not Itemized — Invoices must be clearly itemized and show itemized and total amounts io be paid. Attach a calculator tape showing the expenses with total amount being claimed. Invoices must be on.company or vendor letterhead. Invoices must give a description of the work and the location where work was completed. Invoices must list• the type of equipment, the quantity and provide the cost of labor. Invoices must reconcile to the tasks listed on the Statement of .Work (SOW) and Budget Receipts and other backup documentation must be attached to the payment request at the time of submission. The vendor/contractor may write notes on the invoices, if necessary. ❑ Incomplete/Missing or Incorrect Davis -Bacon Wage Information — A Department of Labor Payroll, Form' (WH347) must be submitted with your payment request and is available at htm://www.dol.¢ov/whd/6rms/wh347,Ddf, Certified payroll information must be correct and complete when submitted. It must include the name and, address of the contractor, the payroll number, the date that the week ends, the project location, the employee's: name, and the last 4 digits of the employee's social security number. You must validate the reported work classification wage on the Department of Labor's (DOL) website at hM://www.wdol.pov/dba.asRx#0. Select the state, county, and select the applicable construction type. Click on Search. Verify and check your calculations; and completely fill out the second page of the form. You must have the contractor sign the form. A copy of the DOL Wage Determination Decision used for your submitted Davis - Bacon payroll must be attached to your payment request. ❑ Incomplete or Missing Buy American Certification — Your contractor must certify that products purchased were manufactured in the United States and your contractor must sign the certification. You must attach the, manufacturer specification documentation on the product you purchased and have submitted for payment. ❑ Missing or Incomplete Texas Historical Commission Approval or Exemption Documentation — Information on the State Historic Preservation Office (SHPO) review by the Texas Historical Commission (THC) may be found in the SECO Stimulus Technical Guidelines at ht!D://www,seco.cy&state.tx.us/arra/izuidelines/index.i)ht) under the header Texas Historical Commission Guidance." Please see specifically the THC Consultation List. If your project falls under "Category A," please provide a statement to that effect. If your project falls under "Category B," refer to the'Memorandum from the Texas Historical Commission and review guidance about next steps and contact information. ® Missing Subcontractor Affidavit JExhibit F (EECBG) or Exhibit J-2 (SEP)I — The Subcontractor Affidavit must be submitted with the request for payment. This affidavit is an exhibit found in your executed contract. ❑ Missing Procurement Documentation — Procurement documentation for each project must be submitted with your payment request. See our tProcurement Procedures (PDF. 301K) for more information Ion the laws, rules, and regulations that apply to procurement of contracted services, goods and materials that are purchased, and equipment that is leased for use with SECO Stimulus projects. The State Energy Conservation Office (SECO) will not reimburse Sub - Page 1 of 2 Recipients for expenses when federal, state and local competitive procurement laws were not followed. Those rejected expenses will then have to be paid with local funds. ❑ Missing Report(s) — Sub -Recipients are required to be current on all monthly reporting prior to receiving payment. Reports must be submitted individually by month and cannot be combined or summarized. Please complete and submit these missing reports by: (1) .printing the current month's report from the Stimulus Reporting Tool at hto•//www.scco.cpa.state.tx.us/arra/re2grtiniz/index.phy; (2) manually changing the date(s); (3) manually filling out the report(s)�ning and emailing or faxing the report(s) to your SECO Stimulus Grant Coordinator: Click here to enter text. ® Other Explanation of missing and/or incomplete documentation: VISS Form - The "Certification of Claim: By Sub -Recipient" should be signed by a representative of the City; not the contractor (Mr. Electric). The `Itemization of This Claim by Contract Budget Category" ($86,365.00) should reconcile to the "Total Amount of This Claim" ($80,336.10). Mr. Electric Application and Certification for Payment (Invoices #107863-1 and #107863-2) - The "Total Amount of This Claim" = $80,336.10; this amount reconciles to the calculator tape provided; however, "This Period Income" ($58,626.74 — Inv #107863-1) + "This Period Income" ($24,085.36 — Inv # 107863-2) = $82,712.10. Please provide an explanation for the $2,376.0 difference ($82,712.10-$2,160.00-$216.00). IMS a sub�it'ERHi6icompleted-by Mr: Electric. See SECO Technical Guidelines for ARRA Special Provisions, Reimbursement Procedures, copies of forms and other helpful information at htto://www,seco.cpa.state.tx.us/atra/guidelineslindox.pho. If you have any questions or need additional assistance, please contact your SECO Stimulus Grant Coordinator. Page 2 of 2 S U S A N TEXAS COMPTROLLER Of PUBLIC ACCOUNTS C O M B S P.O.BOX 13528 • AUSTIN. TX 78711-3528 Dear EECBG Sub -Recipient: At this time you should have received or are about to receive your Energy Efficiency and Conservation Block Grant (EECBG) contract. Due to the nature of the American Recovery and Reinvestment Act (ARRA) and under the terms of the EECBG contract, both the state and federal agencies have an obligation to insure that the use of these funds comply with all the requirements in the contract. While all the terms of the contract are important, this letter highlights unique requirements of ARRA funds. Specific guidance on complying with the requirements is provided in greater detail.at huv://www.seco.coa.state.tx.us/arra/izuidelines/index.php. Procurement Federal regulations explicitly provide that state and local procurement requirements apply to these funds as long as they are consistent with federal requirements in Volume 10 Code of Federal Rules (CFR) Section 600.236. These requirements generally reflect the standard government procurement practices that are already in place under state law. The most significant aspect for you is that you should have in place written procurement procedures before you purchase goods or services and you should fully document the steps you take in purchasing the particular goods and services for this project. By complying with these two procurement fundamentals, your use of the funds should be able to withstand any scrutiny that may come from the federal and state agencies as well as the general public. More information on procurement procedures can be found at: http://www.seco.cpa.state.tx.us/arra/docs/ARRA Provisions 02 16 10.0 Buy American Under ARRA, Congress has required all iron; steel, and manufactured goods purchased with stimulus funds that will be used for construction, maintenance or repair of a public building be produced in the United States. Exceptions are allowed, but all exceptions to this provision have to be approved by the U.S. Department of Energy (DOE). DOE has also provided waivers for some products; however, the key to compliance is documentation. You should make sure that your suppliers and/or contractors investigate the sources of supplies for the project and provide certifications that they have complied with the Buy American provision, either by purchasing American products or by getting an exemption from DOE. More information on the Buy American requirements and product waivers DOE has issued can be found at: http://wwwl.eere.energy.gov/recovery/buy american provision.html. Further, you can find a sample Buy American certification document which canbe used by your entity to demonstrate compliance at http://www.seco.cpa.state.tx.us/arra/docs/Buy American Certification.pdf. Davis -Bacon wage determinations The wages paid to laborers and mechanics on the work site of a public works project -must be prevailing wages as determined by the U.S. Department of Labor (DOL) which is easily found at: http://www.dol.gov/whd/contracts/dbra.htm. The DOL wage determinations must be included in construction contracts. The contractor must submit certified payrolls to you weekly and you must submit the original weekly certified payrolls to the SECO Stimulus Grants Coordinator. More information on Davis=Bacon can be found at http://wwwl.eere.enerev.gov/wip/davis-bacon act.html#eecbe. WWW. WINDOW. 6TATE.TX. U! 512.403-4000 • TOLL FREE: 1.800-531-5441 • FAX: 512.4453-49455 National Environmental Policy Act The U.S. Department of Energy (DOE) enforces these regulations to ensure that projects do not pose a negative impact on the environment, or create environmental conditions that would negatively impact the persons served by the project. Many projects have already been cleared by DOE, but if your project has not been `categorically excluded," you must receive NEPA clearance from the SECO Stimulus staff or DOE staff before any work on the project may start. DOE will be responsible for completion of any environmental assessment or environmental impact statements that are required and you will be required to assist DOE by providing information for their projects, if necessary. More information can be found at http://wwwl.eere.eneray.gov/wip/pdfs/nepa program guidance notice 10-003.pdf. National Historic Preservation Act The National Historic Preservation Act (NHPA) imposes additional requirements for projects that may have a negative impact.on any structure or building. This applies to any structure or building that is 1) forty-five (45) years of age or older; 2) listed in or eligible for listing in the National Register of Historic Places; or, 3) located in an eligible historic district or in a locally designated historic district. Similar to NEPA, many projects have already been cleared by the Texas State Historic Preservation Officer, but unless your project has been positively identified as not falling into the excluded categories, you must receive NHPA clearance from the Texas State Historic Preservation Officer before any work on the project may start. The Texas Historical Commission (THC) serves as the "texas State Historic Preservation Officer and THC will be responsible for completion of any historical assessments. You will be required to assist-THC by providing information to them for your projects, if necessary. You may contact THC through the website: httl):Hwww.thc.state.tx.us/crm/crmdefault.shtml or by calling Linda Henderson, Historian, at linda.hendersonamthc.state.M.us, or Elizabeth Butman, State Coordinator for Project Review, at 512/463- 6167 or elizabeth.butman cr thc.state.tx.us. More information can also be found at http://www.seco.ct)a.state.tx.us/an-a/guidelines/index.php. Waste Disposal Almost every project is going to produce construction materials that have to be thrown away. Under the terms of the ARRA grant, you will have to be particularly aware of any sanitary or hazardous waste that may be generated in the course of your project. Sanitary or hazardous waste includes, but is not limited to, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, asbestos, etc. Specifically, you are required to have a written plan for disposal of any sanitary or hazardous waste that may be generated in the course of your project. The Comptroller's Office is always ready to assist you toward the successful completion of your project. As stated earlier, specific guidance on complying with these requirements is provided in greater detail at httv://www.seco.ci)a.state.tx.us/arra/docs/ARRA Provisions 02 16 IO. A Additional resources are provided at the State Energy Conservation Office — Stimulus internet page: www.secostimulus.oriz under "Technical Guidelines." We are also just aphone call away at (512) 463-7392. Thank you for participating in this important program. We look forward to working with you! Sincerely yours, The SECO Stimulus Grants Team REQUEST FOR,CITY COUNCIL- AGENDA ITEM .t. Agenda Date Requested: July 12, 2010 Requested By: Tim Tietiens Department: N Plannine l� Report: X\ Resolution: —Ordinance:.., Exhibits: Statement of work and budget Appropriation Source of Funds: Fund 015 Account Number: Amount Budgeted: Amount Requested:'SI00:385'-)`: �I Budgeted Item: _YES _ENO SUMMARY & RECOMMENDATION In October 2009, Council approved a Resolution to participate in the 2009, American Recovery ' \ and Reinvestment Act's Energy and Conservation Block Grant Program. With the assistance of., CleaResult, an environmental services consultant, Staff identified several City buildings that meet the grant's minimum requirements. The grant funds will be used for retrofitting existing - light fixtures or replacement of same, and for replacement of HVAC thermostats and A/C units', (see exhibit for more details). % ) The City has been approved to receive $86,365 in reimbursement grant funds. The overall l project will cost $95,605 to complete, exceeding the grant award by $9,240. In addition, a 5% construction contingency in the amount of $4,780 is requested to allow for unforeseen conditions , that maybe encountered. The total;budgevrequested for, this project is $100,385. Action Required by Council: Establish funding in the amount of $100,385 in the General CIP Fund 015 for construction and contingency costs associated with the 2009 American Recovery and Reinvestment Act's Energy and Conservation Block Grant award. Approved for City Council Agenda Ron Bottoms, City Manager Date rS� 11) & 0 Week 1)4, 7ro� G1 o1qr ^ `f-7o - o4oS ate-, 8 3a.at� 2337 la-.,o Soit, l r C?� n�� -1 -Q� e Boaze, Melisa A From: Lee, Peggy Sent: Thursday, June 24, 2010 12:11 PM To: Boaze,,Melisa A Subject: FW: SECO Stimulus Grant FYI... Contract is due today, but we're not taking this to Council until next month. From: McPhail, Reagan Sent: Wednesday, June 23, 2010 4:38 PM To: Dolby, Michael Cc: Bottoms, Ron; Tietjens, Tim; Bradley, Scott; Ladd, Donald; Lee, Peggy Subject: SECO Stimulus Grant Michael, We have been approved for a $86,365 grant, however the project is estimated to cost approximately $91K more than granted. Our dilemma, there are no funds nor an account have been made available to the project. This grant is like most of our grants, the City is to be reimbursed for funds expended. Prior to acquiring City Council approval can you provide an account number to fund the project in the amount of $95,605? We would like to go to Council in July. Reagan BID TABULATON SEALED BID 011017 - LIGHTING REPLACEMENT, RETROFIT AND LIGHTING CONTROL DESCRIPTION OTY MR. ELECTRIC OF BAY AREA FOREST ELECTRICAL CONTRACTORS SECTION I - LIGHTING REPLACMENT AND RETROFIT 1. Retrofit 3 lamp 2X4 lay -in T-12 to a T-8 52 90.37 227.00 2. Retrofit 4 lamp 2X4 lay -in T-12 to a T-8 78 92.65 228.00 3. Retrofit 2 lamp 2X4 lay -in T-12 to a T-8 10 80.37 196.00 4. Replace 8' 2 lamp surface mount T-12 with a 4'- 2 lamp T-5 9 225.56 198.00 5. Retrofit 6" can lights with LED Kits 79 125.00 217.00 6. Surface mount 4' 4 lamp T-5 19 244.08 196.00 7. Surface mount 4' 4 lamp high output T-5 w/impact protection 71 305.27 246.00 8. LED wall pack 28 watt 10 216.00 508.00 9. LED wall pack 23 watt 1 216.00 527.00 10. Surface mount 4' 8 lamp high output T-5 w/impact protection 8 350.00 228.00 11*. Retrofit 4' 2 IampT-12 to T-5 5 80.37 197.00 TOTAL SECTION 1 66524.22 80079.00 SECTION 11 - OCCUPANCY SENSORS 1. Provide and Install Occupancy Sensors 82 121.23 175.00 TOTAL SECTION II 9940.86 14350.00 TOTAL BID 66465.08 94429.00 ALTERNATE#1 1. Retrofit 3 lamp 2X4 lay -in T-12 to a T-5 52 237.07 237.00 2. Retrofit 4 lamp 2X4 lay -in T-12 to a T-5 78 237.07 245.00 3. Retrofit 2 lamp 2X4 lay -in T-12 to a T-5 10 235.74 213.00 ALTERNATE #2 1. Replace 3 lamp 2X4 lay -in T-12 to a T-5 52 199.81 247.00 2. Replace 4 lamp 2X4 lay -in T-12 to a T-5 78 199.81 254.00 3. Replace 2 lamp 2X4 lay -in T-12 to a T-5 10 180.251 223.00 Information reflects pricing only and other factors may be considered during the evaluation process SEALED BID #11017 — LIGHTING REPLACEMENT, RETROFIT AND OCCUPANCY SENSORS CITY OF LA'PORTE NOTICE TO BIDDERS Sealed bids shall be submitted including one (1),marked original and (1) duplicate on the original forms and clearly marked with bid number and description. Bids will be received at the purchasing office 2963 N. 23rd Street, La Porte, TX, 77671 until 2:00 p.m. Monday, February 28. 2011. The bids will be opened and publicly read in the Public" Works upstairs training room immediately after the closing hour for the bids on said date. An elevator is not available. Please contact purchasing at 281- 470-5126 if accommodations are needed. NO LATE BIDS WILL BE CONSIDERED Forms furnished by the City of La Porte may be obtained without deposit from: City of La Porte Purchasing Division 2963 N. 23id Street LaPorte, TX 77671 (281) 470-5126 The City of La Porte hereby notes all bidders that in regard to any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, religion or national origin in consideration for an award. Bidders are requested to attend a pre -bid conference to be held in the 2nd floor training room In the Public Works Building, 2963 N. 23rd Street, La Porte, TX, 77671, on Thursday, February 17, 2011 at 2:00pm. The City reserves the right to reject any and/or all bids, to waive any and all technicalities and to accept any bid or part thereof, which in the opinion of the City Council, is most advantageous to the City of La Porte. In case of ambiguity or lack of clearness in stating the prices in the bid, the City reserves the right to consider the most advantageous bid thereof or to reject the bid. Published`. February 10, 2011 February 17, 2011 I CITY OF LA PORTE°PURCHASING OFFICE 2963 N. 23RD STREET LA PORTE, TX 77571 To drop off bids and/or attend bid opening, follow these directions: At SH146 in La Porte, exit W. Main/Spencer Hwy. and turn west ➢ From Spencer Hwy., turn North on N. 23`tl Street ➢ The Public Works facility is on the right, past the Mini -Storage Facility. ➢ Turn right into parking lot and drive through the entrance gate, turn left immediately and park in the last aisle on the right. The Purchasing Office is located on the southwest side of the parking area. Look for the signage. CITY OF LA PORTE The foregoing prices shall include all labor, materials, equipment, removal, overhead, profit, freight, insurance, etc., to cover the finished work specified in this bid. All items bid and installed under this procurement must be new and unused and in undamaged condition. The City of La Porte is tax exempt and no taxes shall be included in the pricing of this bid. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not -be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids. The undersigned affirms they are duly authorized to represent this firm, that this bid has not been prepared in collusion with any other firm, and that the contents contained herein have not been communicated to any other firm prior to the official opening. Respectfully submitted: Business Address City; State, Zip Code Office Phone Name (please print) Signature Date E-mail Fax Number CITY OF LA PORTE CERTIFICATION BY BIDDER City of La Porte Ordinance #98-2217 prohibits any expenditure for goods or services by the City of La Porte from any person, firm, or corporation owing any delinquent indebtedness to the City. The undersigned bidder further certifies that it is in compliance with the requirements of said ordinance. A copy of the ordinance may be obtained by contacting the City of La Porte Purchasing Division at 281-470-5126. If undersigned bidder is not in compliance with Ordinance 98-2217, it hereby assigns to the City of La Porte, the amount of its delinquent indebtedness to the City of La Porte, to be deducted by the City of La Porte from the amounts due the undersigned. Failure to remit this certification with the bid, or non-compliance with said ordinance shall be just cause for rejection or disqualification of bid. , The undersigned hereby certifies that it is in compliance with Ordinance 98-2217. M The undersigned assigns to the City of La Porte, the amount of its delinquent indebtedness, to be deducted by the City of La Porte from the amounts due the undersigned. (Initial one of the above) Business Name: Address: Authorized Signature: Printed Name: Date: CITY OF LA PORTE INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The City of La Porte, (hereinafter called the "Owner"), invites bids on the form attached hereto. Sealed bids shall be submitted, including one (1) marked original and one (1) duplicate on the original forms and clearly marked with bid number and description. This form must be fully completed and signed by authorizing agent when submitted. The name and address of bidder shall be marked on the outside of submitted bid packet. Owner will receive bids at the Purchasing Office, 2963 N. 23rd Street, La Porte, TX 77571. Bids will be publicly opened and read aloud in the upstairs Training Room immediately after the closing hour of said date. An elevator is not available. Please contact purchasing at 281- 470-5126 if accommodations are needed. Any bid received after the time and date specified shall not be considered. The Owner may not consider any bid not _prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the scheduled time for receipt of bids or authorized postponement thereof. 2. BID MODIFICATIONS AND ADDENDUMS Any bidder may modify their bid by written communication at any time prior to the scheduled receipt of bids, provided such communication is received by the Owner prior to closing time. The communication should not reveal the bid price, but should provide the addition or subtraction or other modification so that the Owner will not know the final prices or terms until the sealed bid is opened. 'Owner shall not provide interpretation of the meaning of the plans, specifications or other pre -bid documents to any bidder orally. Such communication must be in writing. Every request for such interpretation should be in writing addressed to the Purchasing Manager, 2963 North 23rd Street, La Porte, TX 77571 or e-mailed to purchasingna.laportetx.gov. All requests shall be received at least five (5) days prior to the scheduled time for receipt of bids. Any and all such interpretations and any supplemental instructions, will be in the form of written addenda to the specifications which, if issued, will be posted on City website, www.laportetx.gov no later than three (3) working days prior to the scheduled time for receipt of bids. Failure of any bidder to receive any such addendum or interpretation shall, not relieve bidder from any obligation of submitted bid. All addenda issued shall become part of the contract documents and must be acknowledged as'received on submitted document. Potential bidders are responsible for checking City website for additional bidding documents. General Terms & Conditions Continued Page 2 of 4 3. CO-OP Vendors awarded contracts through Cooperative Purchasing Programs are encouraged to submit bids. Bids must be submitted on the appropriate Coop form, i.e.,H-GAC, BuyBoard, etc. 4. PROTECTION OF RESIDENT WORKERS The City of La Porte, Texas actively supports the Immigration and Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (1-9). The Contractor shall establish appropriate procedures and controls so no services or products under the Contract Documents will be performed or manufactured by any worker who is not legally eligible to perform such services or employment. 5. METHOD OF AWARD Contract will be awarded to the lowest responsible bidder or to the bidder who provides the goods specified herein at the best value for the City of La Porte, in compliance with Texas Local Government Code, Chapter 252.043. The City of La Porte reserves the right to select the method in the best interest of the City, as determined by the Purchasing Agent. Best value criteria includes, but is not limited to: All costs including installation, warranty, maintenance, over all life cycle ➢ Quality of the goods or services Reputation of the bidder or bidder's goods and services ➢ Extent to which goods or services meet the City's needs The City of La Porte Council reserves the right waive any informalities or technical errors, consider alternate bids and award as lump sum, individual basis, or any combination, that in its judgment, will best serve the interests of the City. 6. FUNDING OUT CLAUSE The City of La Porte warrants funds are available to pay for this contract until the end of its current fiscal year and warrants that funds will be requested to make payment in each appropriation period from now until the end of the last renewable option year. However, if funds are not made available after such request, the City of La Porte may terminate this agreement with thirty (30) days written notice. General Terms & Conditions Continued Page 3 of 4 7. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible, the contractor, in carrying out his work, must employ such methods or means as will not cause any interruptions of or interference with the work of any other contractor. 8. QUALIFICATIONS OF BIDDER At the time of the opening of bids, each bidder will be presumed to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect of their bid. The Owner may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carryout the obligations of the contract and to complete the work contemplated therein. Cond itional. bids will not be accepted. 9. LAWS AND REGULATIONS The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written out in full. The contractor shall be responsible for receipt and payment of any local, state, or federal permits required for bid, if applicable. 10. SUBCONTRACTS The bidder is specifically advised that any person, firm, or other party to whom it is proposed to award a subcontract under this contract must be acceptable to the Owner. General Terms & Conditions Continued Page 4 of 4 11. SAFETY STANDARDS AND ACCIDENT PREVENTION With respect to all work performed under this contract, the Contractor shall: (1) Comply with the safety standards. provisions of applicable laws, building and construction codes and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, and the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596). (2) Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. 12.CONFLICT ON INTEREST Chapter 176 of the Texas Local Government Code requires that any person, who enters or seeks to enter into a contract for the sale or purchase of property, goods or services with a local government entity and who has an employment or other business relationship with a local government officer or a family member of the officer, as described by Texas Local Government Code Section 176.006, shall file a completed conflict of interest questionnaire with the City Secretary within 7 business days after the latter of: 1) the date the person begins discussions or negotiations to enter into a contract, including submission of a bid or proposal, or 2) the date the person becomes aware of facts that require the statement to be filed. The Conflict of Interest Questionnaire (Form CIQ) is available from the City of La Porte website at www.laoortetx.gov or from the Texas Ethics Commission at www.ethics.state.us. Completed conflict of interest forms may be mailed or delivered to the office of City Secretary, 604 W. Fairmont Pkwy,. La Porte, TX 77571. Please consult your own legal advisor if you have questions regarding the statute of this form. 13.SUPPLEMENTAL INFORMATION A. All prices to be F.O.B., Destination, La Porte, TX 77571. Additional freight charges will not be considered. B. The City of La Porte is exempt from all taxes in the State of Texas, including sales tax. A tax-exempt form will be provided upon request. C. Brand names in specifications are strongly preferred; alternates must be approved by city personnel prior to bid opening. D. All exceptions to the specifications and/or brand names must be so stated on the bid. E. Quantities are estimates and may be increased or decreased at the discretion of the City of La Porte. F. Items/Sections will be considered separately and may be awarded as such. CITY OF LA PORTE INDEMNITY HOLD HARMLESS AGREEMENT To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of La Porte, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney's fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expenses, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or, omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by or working as an independent contractor for Contractor or said Subcontractors or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees or independent contractors. The Contractor expressly understands and agrees that any insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City of La Porte, its Council members, officers, agents and employees and herein provided. Contractor Date Printed Name Signature CITY OF LA PORTE SPECIFICATIONS SEALED BID #11017 - LIGHTING REPLACEMENT, RETROFIT AND OCCUPANCY SENSORS INTENT The City of La Porte is seeking competitive bids for purchase and installation of lighting replacement and retrofit and lighting control occupancy sensors for City Hall, Public Works, Special Programs Center and Recreation and Fitness Center. Prices shall stay firm for a minimum of 120 days. WORK SCHEDULE Work shall be conducted during regular City of La Porte business hours and scheduled with City of La Porte designee. An exception to the rule shall require written authorization from the affecting department. CLEAN UP Successful contractor(s) shall remove and properly dispose of any debris, excess or leftover materials, forms, equipment, or other items associated with the completion of this project, at his expense. Job site and surrounding area shall be in the same condition as when the project began. PERMITS Successful bidder(s) shall obtain electrical the City of La Porte Inspection Services Division located at 604 W. Fairmont Parkway, La Porte, Texas, 77571. City of La Porte permit fees will be waived. EXCEPTIONS All exceptions to specifications must be clearly noted on bid forms. Failure to note such exceptions may result in rejection of bid proposal. QUANTITIES Quantities are estimates and may be increased or decreased at the discretion of La Porte. BRAND SPECIFIC Occupancy Sensors shall be Legrand Commercial OccupancyNacancy Sensors, White OS300SW with cover plate or approved equal by city personnel. Substitutions must be approved by City personnel prior to the bid opening. Contact the Purchasing Division to schedule approval of substitutions at least five (5) business days prior to bid opening. 1 PRE -BID MEETING Bidders are requested to attend a pre -bid conference to be held in the 2nd floor training room in the Public Works Building, 2963 N. 23rd Street, La Porte, TX, 77571, on Thursday, February 17, 2011 at 2:00pm. Site visits will be provided at this time for all other locations. WARRANTY State standard manufacturer's warranty to be provided: Attach details of warranty. CONTACT Any questions regarding the bid or items should be forwarded to the following to the Purchasing Division, 281-470-5126 or email purchasing(Dlaportetx.gov. FEDERALFUNDS This project is being funded by the Federal Grant Program Energy Efficiency and Conservation Block Grant Program (EECBG). Being a federal program the successful contractor shall provide documentation proving compliance with Federal Law as it pertains to the Davis -Bacon Act, Buy American Certifications and proper invoice backup documentation. For federally funded contracts these procedures require the contractor to enroll in and use E- Verify as directed by Executive Order 13465 to verify the employment of: (i) All persons hired during the contract term by the contractor to perform employment duties within the United States; and (ii) all persons assigned by the contractor to perform work within the United States on the Federal contract. This requirement flows down to all subcontractors with subcontracts in excess of $3,000. REQUIRED CONTRACTOR INSURANCE Successful CONTRACTOR shall provide a certificate of insurance executed by an insurance company authorized to do business in Texas. CONTRACTOR shall obtain insurance as detailed. Each policy obtained by the CONTRACTOR for work with this contract, with exception of the Worker's Compensation policy, shall name the CITY OF LA PORTE as an additional insured, and shall contain waiver of subrogation in favor of CITY OF LA PORTE. The coverage and amounts designated are minimum requirements and do not establish limits of the contractor's liability. Additional coverage may be provided at the CONTRACTOR'S option and expense. Insurance must include: General Liability: Commercial General Liability General Aggregate $2,000,000.00 Personal Injury $1,000,000.00 Property Damage $1,000,000.00 Products/Completed Operations $1,000,000.00 Each Occurrence $1,000,000.00 Automobile Liability: Combined Single Limit $1,000,000.00 Excess Liability: Umbrella Each Occurrence $1,000,000.00 Each Aggregate $1,000,000.00 Worker's Compensation and Employer Liability: In form and quantities as required by State of Texas COMPLIANCE WITH AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROVISIONS In an effort to let ARRA SECO Sub -recipients know what the major federal contract requirements will be, SECO Stimulus is providing the following descriptions of federal contract requirements prior to contracting with Sub -recipients. When a Sub -recipient receives a contract, additional guidance will be provided by the SECO Stimulus staff through webinars, kickoff meetings and Individual technical assistance. An implementation manual will be provided to Sub -recipients that will provide further guidance about the following topics with forms, websites and examples to use to comply with the requirements. If applicants have questions about any of the following information, they may contact SECO stimulus at SECOStimulusOcoa.state.tx.us. Sub -recipients will, be required to comply with several federal regulations Including: • National Environmental Policy Act (NEPA); • Davis -Bacon and related acts; • Buy American Act; and • Procurement regulations. Sub -recipients that expend $500,000 or more in Federal awards annually will also be required to perform a Single Audit to comply with OMB Circular A-133. National Environmental Policy Act (NEPA) http://aposl eere energy gbv/state energy program/doe guidelines neoa cfm The National Environmental Policy Act (NEPA) was enacted in 1969 to ensure that federal agencies consider and address any environmental impacts that result from the activities and projects they sponsor. The U.S. Department of Energy (DOE) enforces these regulations to ensure that projects do not pose a negative impact on the environment, or create environmental conditions that would negatively impact the persons served by the project. SECO Stimulus projects may require environmental Impact statements, environmental assessments, or be categorically excluded from further NEPA review. The SECO office has already received NEPA guidance from DOE regarding several of the SECO programs It will administer. The following projects have been categorically excluded from preparation of an environmental assessment: State Energy Program • Building Efficiency and Retrofit • Transportation Efficiency o Traffic signals o Alternative Fuels — funds may be used to pay for incremental costs related to the purchase of alternative fuel vehicles ONLY under the categorical exclusion. Projects that propose to use funds for the development of alternative fuel 1of5 refueling stations for public entities are still required to prepare an environmental assessment or an environmental impact statement. • Energy Sector Training Centers • Public Education and Outreach Energy Efficiency and Conservation Block Grant Program: Energy Audits and retrofits o Installation of insulation o Installation of efficient lighting, heating, ventilation, and air conditioning (HVAC) and high -efficiency shower/faucet upgrades o Weather sealing o Purchase and installation of ENERGY STAR appliance(s) o Installation of solar powered appliances with improved efficiency o Replacement of windows and doors Installation of energy efficient traffic signals and street lighting Installation of distributed energy technologies including combined heat and power and district heating and cooling systems Installation of Distributed Renewable Energy Technology on government buildings o Solar Electricity/Photovoltaic — appropriately -sized system or unit on existing rooftops and parking shade structures; or a 60 kW system or smaller unit Installed on the ground within the boundaries of an existing facility o Wind turbine — 20 kW or smaller o Solar Thermal — system must be 20 kW or smaller o Solar Thermal Hot Water — such as appropriately sized for small buildings o Ground Source Heat Pump — 5.5-ton capacity or smaller, horizontal/vertical, ground, closed -loop system o Combined Heat and Power System — boilers sized appropriately for the building in which they are located o Biomass Thermal — 3 MMBUTUs per hour or smaller system with appropriate Best Available Control Technologies (BACT) installed and operated Sub -recipients that have projects that are not listed above must check with their SECO Stimulus Grants Manager to determine the level of review that the project must complete to be in compliance with the NEPA regulations. Sub -recipient projects that are not categorically excluded must receive NEPA clearance from the Controller/SECO/DOE staff before any work on the project may start. DOE will be responsible for completion of any environmental assessment or environmental impact statements that are required. Sub -recipients will be required to assist DOE by providing information for their projects, if necessary. Davis -Bacon and Related Acts ARRA requires the payment of Davis -Bacon Act prevailing wage rates (which are determined by the U.S. Department of Labor) to all contracted workers on all construction, alteration, or repair of a public building or public work projects in excess of $2,000 (29 CFR, Parts t, 3 and 5). 2of5 States and local governments that use their own employees to perform work required by the ARRA contract do not have to pay Davis -Bacon wage rates to those employees, but must document the hours worked performing those duties. To comply with this regulation, a wage determination for the type of work being proposed must be made available to all prospective contractor/bidders. Wage determinations may be found at http•//www wdol.gov/dba.aspx#0. Once a contractor has been chosen, weekly certified payrolls must be submitted to the Sub -recipient by the contractor. The Sub -recipient will submit the payrolls to the SECO Stimulus Grants Manager. A certified payroll form may be found at http://www.dol.00v/whd/forms. The form number is WH-347. The Sub -recipient is required to ensure that the wages paid are consistent with the wage classifications listed on the wage determination. This is accomplished through on -site interviews of the contractor's workers and a weekly review of the submitted payrolls. Other resources: State Energy Program Frequently Asked Davis -Bacon Questions hfip:Hai)psl.eere.ener.gy.gov/state enerov program/davis bacon fags cfm • Energy Efficiency and Conservation Block Grant Program Frequently asked Davis - Bacon Questions http://www.eecbg.energy.gov/davisbacon.html Buy American Provision http://wwwl,eere.energy.gov/recovery/buy american orovislon.html The Buy American provision in the ARRA of 2009 (section 1605 of Title XVI), provides that, subject to three listed exceptions, none of the funds appropriated or otherwise made available by the Act may be used for a project for the construction, alteration, or repair of a public building or public work unless all the iron, steel, and manufactured goods used are produced in the United States. The three exceptions are: 1. Applying the Buy American provision would be inconsistent with the _public interest; 2. The iron, steel and manufactured goods are not produced in the U.S. in sufficient and reasonably available quantities and of a satisfactory quality ('nonavailability"); and 3. The inclusion of iron, steel and manufactured goods produced in the U.S. will Increase the cost of the.overall projects by more than 25 percent ("unreasonable cost'). 3of5 Compliance with this provision Is mandatory unless a request for a waiver using one of the above reasons is applied for and approved by DOE. On February 11, 2010, Cathy Zoi, Assistant Secretary for Energy Efficiency and Renewable Energy at the U. S. Department'of Energy issued a Memorandum of Decision of inapplicability (categorical waiver) under section 1605 of the American Recovery and Reinvestment Act (ARRA) of 2009 for: 1. Traffic lights, arrows and crosswalk signals (covers the LED light and any adjacent wires and electronic parts necessary for the functionality of the lights themselves but excludes the metal or plastic fixtures); 2. Fluorescent electronic lighting ballasts, and 3. Screw -base and pin -base compact fluorescent lamps (CFLs). The determination of inapplicability under ARRA section 1605 for these three products is based on extensive market research and a thorough investigation of the domestic manufacturing landscape. This research revealed that these three products are manufactured almost exclusively in China and Mexico. As a result, these three products do not have to be purchased in America. These determinations of Inapplicability (categorical waivers) apply to all projects using EERE Recovery Act funds for the construction, alternation, maintenance and repair of public buildings or public works. The specific products detailed below will remain subject to the Buy American provisions because some domestic manufacturing capacity does exist: 1. Electronic dimming ballasts for fluorescent lamps; 2. Plug-in CFLs longer than 10 inches, and 3. Traffic light fixtures (also referred to as the "housing" or "shell'). In order to comply, Sub -recipients will certify, through an attachment to their contract with the Comptroller, that they will comply with the Buy American provisions. The certification will include a flow -down requirement to each of their vendors and contractors. Sub -recipients will be required to obtain from their contractors/vendors all invoices for goods used in the construction, alteration or repair process for their projects. Such Invoices should Indicate that the goods were manufactured in the U.S. and shall be kept in the project files. Procurement Procurement is the process through which an entity obtains goods and services from vendors/contractors. The federal government has established a set of procurement rules that apply to ARRA-funded projects. These rules are in place to NOTE: If there is a conflict ensure that federal dollars are.spent fairly and encourage open between federal, state and local competition for the best level of service and price. In addition, the laws regarding procurement, the State of Texas has enacted a.set of regulations that also apply to more stringent law will apply. ARRA contracts. The Sub -recipient may also have its own 4of5 procurement rules. The competitive negotiation procurement method applies to all professional service contracts paid in whole or in part with ARRA funds. Competitive negotiation procurement is used when factors other than cost are an Important part of selecting the vendor. Once proposals are received and rated/ranked, the Sub-reciplent is free to negotiate with one or more respondents to arrive at the most advantageous terms and price. This negotiation is the main difference between this method and the competitive sealed bids method. Competitive Negotiation is required for purchasing professional services such as engineering on ARRA protects. Construction services and materials contracts paid in whole or in part with ARRA funds must be procured using either the small purchase procurement method or the competitive sealed bids procurement method. The Local Government Code, Sec. 282.023 (c) and Sec. 252.062 (a) specifically prohibits the use of the small purchase procurement method to make separate, sequential, or component purchases of Items or services, with the intent of avoiding the competitive bidding and competitive proposal requirements. For example: Small Purchase Procurement applies to contracts or "Jobs' • A water line Job should be one purchase, rather than that cost less than $60,000. Individual purchases of pipe, fire hydrants, valves, and fittings. • A water storage tank should be bid as one purchase, rather than separate purchases of site preparation, foundation, piping, valves, welding, etc. Prior to beginning small purchase procedures, the Sub -recipient should get an estimate of the cost of the construction from the engineer. If the estimated cost Is greater than $50,000, small purchase procurement is not appropriate. Procurements of equipment, non-professional services, and construction contracts whose total cost is more than $50,000 must formally advertise using competitive sealed bids and hold a public bid opening in a newspaper of general circulation., Sealed bids are publicly solicited and a firm, fixed -price contract (lump sum or unit price) is awarded to the responsible respondent whose bid, conforming to all the material terms/conditions of the invitation for bids, is lowest and best in price. Please contact the SECO Stimulus Division with any questions at (800) 531-5441, ext. 3-7392 (512) 463-7392 or by email at secostimulus cl Dcpa.state.tx, us. M. 6..1 dJD,. Department of Energy DC 20585 STATE ENERGY PROGRAM NOTICE 10-003A EFFECTIVE DATE: 04n/10 REVISION: THIS GUIDANCE HAS BEEN AMENDED FROM THE DECEMBER 30, 2009. THE CHANGE IN THIS AMENDED GUIDANCE IS RELATED TO THE REQUIREMENT TO PROVIDE A WAGE DETERMINATION TO CONTRACTORS AND SUBCONTRACTORS. SUBJECT: GUIDANCE ON IMPLEMENTATION OF THE DAVIS-BACON ACT PREVAILING WAGE REQUIREMENTS FOR STATE ENERGY PROGRAM GRANT RECIPIENTS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF. 2009 . PURPOSE: To issue guidance to State Energy Program (SEP) participants, on compliance with Davis -Bacon Act (DBA)t requirements associated with the expenditure of American Recovery and Reinvestment Act of 2009 (Recovery Act) funds. The Department of Labor (DOL), Employment Standards Administration, Wage and Hour Division (WHD) has issued guidance on applicability of DBA requirements to all agencies engaged in funding projects for construction, alteration, and/or repair funded in whole or in part by funds appropriated under the Recovery Act. This guidance does not modify or replace the DOL guidance or any requirements or terms and conditions contained in the grant instrument. SCOPE: The provisions of this guidance apply,to recipients of SEP funds, as named in a Notification of Grant Award (Grant Award) from DOE under the SEP and their subrecipients. The provisions of this guidance do not apply to U.S. Territories. Tribal governments are only exempt from the DBA provisions when the Tribal government performs work using its employees. The DBA applies to all contractors that employ laborers and/or mechanics performing work under a Grant Award. BACKGROUND: The Davis -Bacon Act The DBA is applicable to contracts of the United States in excess of $2'0004 for the construction, alteration, and/or repair (including painting and decorating)5 of public buildings or public works. '40 U.S.C.3141erse9. 1 See DOL All Agency Memorandum No, 207, dated May 29, 2009, available at hstp://www.dol.eovhvhd/recoverv/AAM207.ndf (AAMNo. 207). ' 77�is includes the District of Columbia. For applicability of the Davis -Bacon Act to government agencies, such as states, under Section 1606 of the Recovery Act, see the DOL Advisory Letter to DOE (Advisory Letter) at hllo://www.dol.eovhvhd/recovery/AvisorvLetter DOE.odf. page 2. State Energy Program Notice 10-003A Page 2 The DBA requires all contractors and subcontractors to pay laborers and mechanics employed on a covered contract wages and fringe benefits determined by the Secretary of Labor to be prevailing for corresponding classes of employees engaged on similar projects in the locality. In numerous additional laws, Congress has specifically required adherence to DBA prevailing wage requirements where they might not otherwise be applicable. On February 17, 2009, President Obama signed the Recovery Act to jumpstart the economy by saving and creating jobs, and to foster energy efficiency efforts and achieve other goals s Section 1606 of the Recovery Act specifically requires that all laborers and mechanics employed by contractors and subcontractors on any project "funded directly by or assisted. in whole or in part by" Recovery Act funds be paid prevailing wages as determined by the Secretary of Labor. Accordingly, contractors and subcontractors must ensure that any laborers and mechanicss employed on projects funded or assisted in whole or in part by Recovery Act funds are paid prevailing wages as determined by the Secretary of Labor for construction, alteration, and/or repair (including painting and decorating). All recipients, grantees and subgrantees, with the exception of State and local governments that use their own employees to perform this work, must pay their employees, performing construction, alteration, or repair work, the DBA prevailing wage rate. If the entity receiving. Recovery Act assistance for such projects contracts out the work, it must ensure that the DBA requirements flow down to the entities that employ laborers and mechanics that do the work 9 Contract Clauses On projects where DBA prevailing wage requirements must be paid, the requirements set out in the DOL regulations at 29 CFR Parts I, 3, and 5 are applicable. In accordance with 29 CFR Part I, Federal agencies directly contracting for projects or -providing assistance under the Recovery Act to other entities for such projects must include the DBA contract clauses in their solicitations, assistance agreements, and the resulting contracts and grants, and must require that those requirements flow down to any contracts or subcontracts for the performance of the work. to As a consequence of the required DBA contract clauses, the recipient of the Recovery Act funds is responsible for the compliance by its subgrantees, contractors, and their subcontractors.) ) DOE is responsible for ensuring that the applicable wage determinations are included in solicitations, assistance agreements, and the resulting contracts and grants.SEP,projects using The $2,000 threshold for coverage pertains to the amount of the prime contract, not to the amount of individual subcontracts. If the covered prime contract exceeds $2,000, all work on the project is covered. 5 These work activities are defined at 29 CFR Part 5.2(k). 'See htto://www.rccovery.¢ovn(i=content/otir-mission r For the text of the Davis -Bacon provision in Section 1606, see AAM No. 207 page 2, and Advisory Letter page 2. s Apprentice and trainees may be paid at less than the DBA prevailing wage rate if the requirements set forth in 29 CFR Part 5.5(a)(4) are met. See Advisory Letter page 2. 10 See DOE Acquisition and Financial Assistance Guide for the American Recovery and Reinvestment Act of 2009, version 2.1a, Attachment 3 at: http://manaeement.aterpv.izov/policy auidancell672.htm "See 29 CFR Part 5.5(a)(6) (making prime contractor responsible for lower -tier contractor compliance). State Energy Program Notice 10-003A Page 3 Recovery Act funds must incorporate the most current DOL Wage Determinations) as found at htti3://www.wdol.goy/Index.asvx for the worker classifications applicable to the work being performed by employees or contractors. Please also note that the rates posted at the DOL site are minimums. Grantees/subgrantees and contractors must attach the applicable wage determinations to the solicitation, assistance agreement, and resulting contract or grant. A grantee or subgrantee and contractors/subcontractors contracting out work on a covered project must also attach the applicable wage determination(s) to the solicitation and resulting contract or grant. If an ongoing construction project, awarded prior to the Recovery Act or was not initially assisted or funded in whole or part by Recovery Act funds, later receives Recovery Act funding, the DOE contracting officer will insert the appropriate wage determination(s) in relevant contracts and federal assistance agreements effective as of the date the Recovery Act funding is approved for use on the project. The wage determinations must thereafter be included in any contracts or subcontracts for the DBA-covered work. Projects that are already subject to the DBA labor standards would not require application of a new Davis -Bacon wage determination upon receipt of Recovery Act funding unless the funding is for work not contemplated under the existing contract for construction. Payroll Records In addition, Grantees/sub-grantees and contractors/subcontractors on these projects funded or assisted in whole or part by Recovery Act funds shall maintain payrolls and basic records relating to payroll during the course of the work and preserve them for a period of three years thereafter for all laborers and mechanics working on the project, or as designated in the grant document.12 They must also ensure that all laborers and mechanics on a project funded or assisted in whole or part with Recovery Act funds are paid on a weekly basis and must submit weekly certified payroll records to the contracting and administering agency.13 Published Wage Rates Wage rates can be found at www.wdol.gov. If county recipients in any State do not have published DOL wage rates, then the county must submit a request for conformance to the DOE contracting officer for forwarding to the DOL. The conformance process often takes up to six weeks to be completed so county should plan its project activities accordingly. 14 Administrative Costs "See 29 CFR Part 5.5(a)(3)(i) for the payroll and record -keeping requirements, including a list of the required contents of the records and additional record -keeping requirements. See 29 CFR Part 5.5(a)(ii)(A)-(D) for additional requirements relating to the submission of weekly certified payroll records. u The Department of Labor has provided guidance for anyone who must submit a conformance request for a Wage Determination on its website at hilQ://www.dol.eovhvhd/recovery/dbsurvev/confonnance.htm State Energy Program Notice 10-003A Page 4' Costs associated with DBA compliance can be charged as an administrative cost. SEP recipients should contact their respective DOE Project Management Center for specific guidance on how to appropriately charge these costs. Recovery Act Funded State Energy Program Consumer Rebate Programs Consumer rebate programs for individual homeowners are among-SEP eligible project activities. DOL has determined that rebates to individual homeowners for energy efficiency and renewable energy improvements to an individual's home are not subject to the DBA prevailing wage requirements. Individual homeowners may apply for rebates either prior to or after the energy efficiency and/or renewable energy improvements are completed and will not be subject to the DBA requirements. TRAINING Training on DBA implementation, frequently asked questions, labor standards clauses, and other related Recovery Act information can be found at the following website: httn://auasl.eere.enerev.gov/state energy oromam/ c1a;,4 g,� -� Claire Broido Johnson Acting Program Manager Weatherization and Intergovernmental ProgramEnergy Efficiency and Renewable Energy U.S. Department of Labor PAYROLL Wage and Hour Division (For Contractors Optional Use; See Instructions at www.dol.govtwhd?orms/wh347nstr.htm) Pamons ararbfmotftdto mspord soft coftodon 0fkdonrx1Sw w9m d crspWys a pamnsy vardOMS co Wnuater. MHO U.S. X*= u,d Hoar DMi Rev. Dec. 2008 NAME OF CONTRACTOR ❑ OR SUBCONTRACTOR 0 AOORIM OMB No.: 1215-0149 EVires: 1=12011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO, (1) NANe AND INDMOUAL IDENTIFYING NUMBER (op.I.ISf FOUR pGnS OFSOCWL SECURITY?E NU OF WORKER (2) 8 N#a1#(( (S) WORT( CLAS9RGTIDN (s)DAY AND DATE (s) TOTALI I (B) RATE OF PAY m GROSS AMOUNT EARNED (e) DEDUCTIONS (a) MET WAGES FCRWM% g E RCA HOLDING TAX OTHER TOTAL TOTAL DEDUCTIONS HOURSWORMEDa OAY 0 a 0 a 0 a 0 s 0 a 0 a 0 a 0 I'm WAb Nrrpbdan o<form W11aq b oabd, a b neMabry(> wrPad oae•dPs nd nemn:•coan PNbnNrp wart an Fadar•IYMrrad eraatlrad oamvdon eorarsa• b raryvb b b• Nlanrudm aoT•efarl COmaMd N 29 CFR §1 SAL 5S(4 The CWSIX4 Aa NO USG§a/Aa)astramrs•rd awmrnramaOodanrkp workm F•Ert+riN•m0PasCdq am•euobn m0arbb Tmtn woYOy•d•alrorrw/b rrrPa b Mwsp•pabo anpbto• 0.YVM...... wmskL U.S.DTpnvwAa/t.eer(DOL)'aPAodk •■ 29 CFR§s.s(s%a)(1)n@k•wvarmra b Wrewa11]Ya COPYofOP•Red•b MFad•ml3 rOWOWrpfOrWwrapMmrmuman PrWact aewrrp•altd bj•dNRr•d sblrn.•erCaryCaes'Ygk+lia oMtM R•N0••.. oXranand COeppo and dIu uerI•earM amWWeM Wm MbnetMhn MPWP WMSB•mn prMbp wp•rufvlMwM mr�DOL mEttlRalmN•c0b•Mamu9mbMimrlr•NRwVWfWh"rRWd*pNy r•io�I+aP•�EtN9•pdbfh. PODOc 8Y w State nmt Wa amNsb Nelb wetaXlN avtaao (/Sa ' bcenpbl•Na maeftm hAov am tr MV4.kp NmWbn& MwdwQw Wrp doh yaw. ggMhp aM ffwbg* p 1M W:• n•cdo4 an0 C=P NG rb P.Aekp M mklm d Nbmaron. C you any eil•rloTb nyrdtp Mee aCrmbo M ary a alar allme d a" Oalodbl Nduft appogbw torrodutlno db NmIm,•am Mom b MMminlM r.Waq•M mw OIWbn.U.S. Dprbaraef liar. Roam SM. 2DO Carribabn Avanp. KW. WNNpbl. D.C. 20210 E (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the paymed of the persons employed by on the (Contractor or Subcontractor) ; drat during the payroll period oommencing on the (Building or Work) , day of - and ending fhe _ day of _• all persons employed on mkt proJaU have been paid the futl weeldy wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the fug (Contractor or Subcontractor) weeidy wages earned by any person and that no daductlws have been made dither directly or 4w➢recty from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CF.P Subtitle A� issued by the Secretary of Labor under the Copeland Act, as amended (48 Stst 946, 63 Start. 108, 72 StaL 967: 76 StaL 357; 40 U.S.C. § 3145), and described below. (2) That any payrolls oDherwim under this cortract required to be submiaed for the above period are correct ant complete: that the verge rates for laborers or mochamos; contained therein are rot less than the applicable wage rates contained In any wage detemdratbn Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic Conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program regrstered with a State appendceshp agency recogrvzed by the Bureau of Apprenticeship and Training. United States Department of Leber, or if no such moognb:od agency exists in a State, are registered with the Bureau of Apprenticeship and Training. United States Depararant of Labor. (4) That (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS. FUNDS, OR PROGRAMS ❑ — In addition to the basic hourly wage mass paid to each laborer or mechanic listed In the above referenced payroll, payments; of fringe benefits as listed in the oontract have been or will be made to appropriate programs for the benefit of such employees, eaoapt ore noted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ — Each laborer or mechanic listed in the above referenced payroll has been paid. as indceied on brie payroll, an amount not lass than the sum of the applicable basic hourly wage rate plus the amours of the requbed khnge benefits as fisted in the contract, except as noted In section 4(e) below. (c) EXCEPTIONS ExCEFnON(CRAFT) EXPLANATION REUARKS NAME AND TITLE yONATURE THE WK. FUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SU61ECr THE CONTRACTOR OR SUBCONTRACTOR TO CNN. OR CRI W PROSEQJnON. SEE SECTION 1001 OF ITTLE 1e AND SECTION 91 OF TIRE e1 Of THE UNITED STATES CODE C I' h 00SEC0 State Envoy Cwtorad" Me Certification of "Buy American" Procurement Contract Number I do hereby certify as to the following: Project Name Identification of American -made Iron, Steel, and Manufactured Goods: Consistent with the terms of the Owner's bid solicitation and the provisions of ARRA Section 1605 and OMB regulations, Code of Federal Regulations, Volume 2, Part 176, the BidderNendor certifies that this bid/procurement reflects the BldderNendors best, good faith effort to identify domestic sources of Iron, Steel, and Manufactured goods for every component contained in the bid solicitation/procurement where such American -made components are available on the schedule of values and consistent with the deadlines prescribed In or required by the bid solicitation/procurement. 2. Verification of U.S. Production: The BidderNendor certifies that all components contained In the bid solicitation/procurement that are American —made have been so identified, and. if this bid/procurement Is accepted, the BidderNendor agrees that it will provide reasonable, sufficient, and timely verification to the Owner of the U.S. production of each component so Identified. 3. Documentation Regarding Non -American made Iron, Steel, or Manufactured Goods: The BidderNendor certifies that for any component or components that are not American -made and are so identified in this bid/procurement, the BidderNendor has Included in or attached to this bid/procurement one or both of the following, as applicable: a. Identification of and citation to a categorical waiver published by the U.S. Department of Energy in the Federal Register that is applicable to such component or components, and an analysis that supports Its applicability to the component or components. b. Verifiable documentation sufficient to the Owner, as required in the bid solicitation or otherwise, that the BidderNendor has sought to secure American -made components but has determined that such components are not available on the schedule and consistent with the deadlines prescribed in the bid solicitation/procurement. 4. Information, and Detailed Justification Regarding Non -American made Iron, Steel, or Manufactured Goods: The BidderNendor certifes that for any such component or components that are not so available, the BldderNendor has also provided in or attached to this bid/procurement Information, Including but not limited to the verifiable documentation loft OVSECO State Cnetpy Cmse,wtlon OIAfe and a full description of the bidder/vendor's efforts to secure any such American -made component or components, that the Bidder/Vendor believes is sufficient to provide and as far as possible constitutes the detailed Justification required for a waiver under section 1605 with respect to such component or components. -The BidderNendor further agrees that, if this bid/procurement is accepted, it will assist the Owner in amending, supplementing, or further supporting such information as required by the Owner to request and, as applicable, Implement the terms of a waiver with respect to any such component or components. Contractor Name (printed or typed) Name of Authorized Official (printed or typed) Title (printed or typed) Signature of Authorized Official Date e Sub -recipients may use the following certification to be Included in the bid packet and returned by prospective bidders with their bids. eY Please maintain this form on file. 2of2 CITY of LA PORTE SEALED BID #11017 - LIGHTING REPLACEMENT, RETROFIT AND OCCUPANCY SENSORS SCOPE of WORK .mow 1lyn 1 - LlVfl 111\V RGr LMIi r-mr- 91 mmu RC 1 RVri I Successful vendor shall provide materials and labor to perform lighting replacement and retrofit at various offices located at City Hall, Public Works, Special Programs Center and Recreation and Fitness Center. See Exhibit A. FEDERAL FUNDS This project is being funded by the Federal Grant Program Energy Efficiency and Conservation Block Grant Program (EECBG). Being a federal program the successful contractor shall provide documentation proving compliance with Federal Law as it pertains to the Davis -Bacon Act, Buy American Certifications and proper invoice backup documentation. SECTION II — OCCUPANCY SENSORS Successful vendor shall provide materials and labor to install occupancy sensors at various offices located at City Hall, Public Works, Special Programs Center and Recreation and Fitness Center. See Exhibit B. BRAND SPECIFIC Occupancy Sensors shall be Legrand Commercial OccupancyNacancy Sensors, White OS300SW with cover plate or approved equal by city personnel. Substitutions must be approved by City personnel prior to the bid opening. Contact the Purchasing Division to schedule approval of substitutions at least five (5) business days prior to bid opening. FEDERALFUNDS This project is being funded by the Federal Grant Program Energy Efficiency and Conservation Block Grant Program (EECBG). Being a federal program the successful contractor shall provide documentation proving compliance with Federal Law as it pertains to the Davis -Bacon Act, Buy American Certifications and proper invoice backup documentation. EXHIBIT A CITY HALL, 604 W. FAIRMONT PARKWAY Council Chambers • Retrofit 18 each 2x4 lay -ins, 3 lamp T-12 to T-8 • Retrofit 13 each six inch (6") can lights with LED Kit Mechanical Room • Retrofit five (5) each eight foot (8'), two (2) Lamp, Surface Mount T-12 to T-8 IWWA t, W/ 4 / ;� L-" -TG2 PUBLIC WORKS, 2963 NORTH 23rd STREET Bays — Replace 47 each 250W MV with four foot (4'), four (4) Lamp, Surface Mount, High Output T-5 Street Bay & Water/Wastewater Offices — Retrofit ten (10) each, four (4) Lamp, 2x4 lay - in T-12 to T-8 Solid Waste Bay Office — Replace one (1) each four foot (4'), two (2) lamp, T-12 Surface Mount with a four foot (4'), surface mount four (4) lamp, T-5 Parts Room — Replace six (6) each six foot (6'), two (2) Lamp, surface mount T-12 with four (4) each four foot (4'), four (4) Lamp surface mount T-5 Traffic — Replace three (3) each eight foot (8'), two (2) Lamp T-12 and one (1) each four foot (4'), two (2) Lamp T-12 with four (4) each four (4) Lamp four foot (4') surface mount T-5 Warehouse — Replace all surface mounted four foot (4'), two (2) lamp T-8 & T-12 with ten (10) each, four foot (4'), four (4) Lamp surface mounted T-5 and locate new fixtures above the aisles Administration Office — Retrofit 68 each 2x4 lay -in, four (4) Lamp T-12 to T-8 EXHIBIT A (con't) SPECIAL PROGRAMS CENTER, 1302 SOUTH BROADWAY Gym — Replace 24 each 250w, High Bay Metal Halide with High Output four foot (4'), four (4) Lamp surface mounted T-5 Maintenance Bay — Retrofit four (4) each eight foot (8'), two (2) Lamp surface mount T- 12 to T-8 SPC — • Retrofit seven (7) each six inch (6") Can Lights with LED • Retrofit 34 each 2x4 lay -in three (3) Lamp T-12 to T-8 • Retrofit ten (10) each 2x4 lay -in two (2) lamp T-12 to T-8 RECREATION AND FITNESS CENTER, 1322 SOUTH BROADWAY RFC — Retrofit 59 each six inch (6") can lights with LED Kits Pool Area — Remove & Replace existing wall pack with ten (10) each Wall Packs with 28 waft LED 5600K Dry Sauna — Remove & Replace existing wall pack with one (1) each Wall Pack with a 23 waft LED 5600K Gym — Remove ,& Replace eight (8) each metal halide with four foot (4'), eight (8) Lamp Surface Mount High Output T-5 EXHIBIT B CITY HALL, 604 W. FAIRMONT PARKWAY 24 ea ... Install occupancy sensors in the following rooms, numbered 103,112, 113, 117, 119, 31, 132,134, 138, 152, 153, 160, 162, 165, 166 (2), 167, 178, 179A, 179B, 180, 182, 192, & 193. PUBLIC WORKS, 2963 NORTH 23rd STREET 13 ea ... Install occupancy sensors in the following rooms, 1st Floor numbered 107, 108, 109, 110, 114, 115, & 116; 2ntl Floor mechanical room, restrooms (2), Storage (2), and Conference Room. SPECIAL PROGRAMS CENTER, 1302 SOUTH BROADWAY 12 ea ... Install occupancy sensors in the following rooms, 101, 103, 104, 105, 106, 107, 109, 110, 112, 113, 119, & 120. RECREATION AND FITNESS CENTER, 1322 SOUTH BROADWAY 32 ea ... Install occupancy sensors in the following rooms, 6, 8 thru 20, 22, 24, 25, 33, 34, 35, 41, 43, 44, 45, 50 thru 55, 57, & 58. LiGHT MIXTURE SCHEDULE P ,i-aPlL'F.iC132 , t 3 #C.,23EL, IM Nm,, $tZ= a TYPE LAmps ICE LAY1.1%: -3-40WAS A ,�. - r - 7 }.^et -• LA`!IN i-40W RS 1,2,IJ e Y n r-osse G Cgi,UY3fFi'"`d91-"y Ca-x �-4ib . ST" .LAYiN 4-4ow KS D CoLGtiS1f; 3`d542 F`&3-Ii2. -RCG855ED Z-4L•K RS - S,tO E fiai�': AS "C" �ii'_2't}',Q3 Nej'el5 . rZi-G655c'D t-.bu' RS "'{ F -� w'}tO Ni WHI'ta $uPFAG£ I-40'N R.S. 1;7 G CS`G.'•.;;�i $ln: `S'P.�..-2C'C-M*k - 5'FD $UR. i-�Mf f� !f.:i .x ..pi�Y-OW7E'M°:Y2.'S-•K3 ......._ .. .... }'�'Cca..;'.EC- I-?.Gb`f/-A?:�. lu, R. J M.-SCOLITF '49 R.'1 - I-t5cw R4.'! ? 1 1. PROS: G{1T��43ti1 WHIM V..'.41I_ -q.-60%,, A-zi n Po5 �44 $TP S U 2 FJ4Gt I io�:v A.t4 9 N PRE.ScoUT�.�9cRx`N.1t-PF-DI RECc558Gt I -}.^.RV ::I GtRiw t}.H7 9 !E PRSSCO I`6' 10Yia+-}-?I-Pr-PL i-tta t�-'.r o, iau I-?Sw R3s 9I-ISPW R40SPr4t:Lvr- rpa `s=L`�t'ts9 _ 5"-.;tLG''L39t'O v9"SF±Rt3[,0.. -:. LWP. .'F.8rM�NL Fit i^6x Yi -YIHPAW :( 7_-h=vTSFUJCR', 2-d W'f5 FLL�R. Io'3 i - NOMS : i.. r'' 2 axt: i )f•'t >R � .%. r.-€ YI"F.- 'J1H? � cNc vttRED ;a cLtfE:K( 'TWa f.FHP$ �•4 L*".'�L�Sr�!T".!4NE, .�}•l�prc e!-t RG2}vGY '-kStMTiNG. ELE Ij sYr�soLs JUNIL- } jM MOT•: W..P. 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'.:.:,�'iiii ni�i::Ge;;i�'1:�eiii iuurou.I..;.1,:i a..��i1.i:G:1"nll i. ■■...maaa..-.II..s G 1 J' n.■---�=ir SIh::;:G��Ge r .:u::iii.a' .., 9Ll n:_Lf.ILJO.K ►9....xU v.O�a..1... no 27111 P 1Go.? uIP5!!- =— • u.u.c:azn.rsil l v■ enp ^-aa. 12.12.- !-n'l Slnlv.u—�I.0 j �••Ill...:.yli.�nau■B flu."l� 1.r:..n.O.I.. r uuuuevildc7 i5.0 aYbnv.!.:.L ....d. t �uuu■u.. ri Ili .91➢ 10....■0...■....—■:vvv..l.B'1 � �rmm..O.rIV. .t•��■t•.tfl G 1 I vim■ I c'i l • r r, a,. __ ___ __ _ ___ _____ ____ Jj __ 3 �— a cm heir ppi s i 0®C F it3J; J ■ BID FORM SEALED BID #11017 - LIGHTING REPLACEMENT, RETROFIT AND OCCUPANCY SENSORS DATE: Bid of an individual proprietorship, a corporation organized and existing under laws of the State of Texas, a partnership consisting of I for Construction of , for the City of La Porte, Harris County, Texas. Gentlemen: The undersigned bidder has carefully examined the Instructions to Bidders, this Proposal, the General Conditions of Agreement, the Technical Specifications and the drawings for the work herein above described and referred to in the Invitation to Bid and has carefully examined the site of the work and will provide all necessary labor, superintendence, machinery, equipment, tools, materials, services and other means of construction to complete all the work upon which he bids, as called for in the Contract, the Specifications and shown on the drawings, and in the manner prescribed therein and according to the requirements of the City of La Porte. Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price SECTION I — LIGHTING REPLACEMENT AND RETROFIT Retrofit 3 lamp 2x4 lay -in T-12 to T-8 ea 52 $ $ Per Each 2. Retrofit 4 lamp 2x4 lay -in T-12 to T-8 ea. 78 $ $ Per Each 3. Retrofit 2 lamp 2x4 lay -in T-12 to T-8 ea 10 $ $ Per Each A-6 Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price SECTION I (cont) 4. Retrofit 8' 2 lamp surface mount T-12 to T-8 Per Each 5. Retrofit 6' can lights with LED Kits. A Per Each 6. Surface mount 4' 4 IampT-5 A Per Each 7. Surface mount 4' 4 lamp high output T-5 A Per Each 8. LED wall pack 28 watt A ea 9 $ $ ea 79 $ $ ea 19 $ $ ea 71 ea 10 Per Each 9. LED wall pack 23 watt ea. 1 Pereach 10. Surface mount 4' 8 lamp high output T-5 A ea. 8 Per Each TOTAL SECTION I A-7 $ Item Description of Item with Unit Bid Price Approx. Unit Total No. in Written Words Unit Quantity Amount Price SECTION II — OCCUPANCY SENSORS Written Provide and Install Occupancy Sensors ea. 82 $ $ A-8 TOTAL SECTION II b TOTAL BID $ l` ) The amounts set forth above are current estimates by Contractor of the amounts that will be determined during the progress of the Work. The separated progress billings from Contractor to the Owner shall reflect the actual amounts expended for the items enumerated in (a), (b), and (c), above. SUBSTITUTIONS: If necessary,, attach detailed explanation to proposal. 1. (Add) (Deduct) $ 2. (Add)(Deduct) It is understood and agreed that the work shall be complete in full within ninety (90) calendar days after the date on which work is to be commenced as established by the Contract Documents. It is agreed that the contract price may be increased or decreased to cover work added or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The award may be made on the Base Bid alone or the Base Bid and any or all of the Items listed under Alternates or Substitutions, if any. The undersigned agrees that the amounts bid in this proposal will not be withdrawn or modified for sixty (60) days following date of bid opening. It is understood that the bid security accompanying this proposal shall be returned to the undersigned unless, in case of the acceptance of this proposal the undersigned should fail to enter into a construction contract and execute bonds as provided in the specifications. In the event the undersigned should fail to enter into a construction contract and execute bonds as required within 14 calendar days after the Engineer has given unsigned contracts to the Contractor, it is understood and agreed that the bid security shall be forfeited to the Owner and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner as a result of such failure on the part of the undersigned. It is understood that the Owner reserves the right to reject any and all bids. A-9 In the event of Award of the Contract to the undersigned, the undersigned agrees to furnish Performance and Payment Bonds as provided in the Specifications. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final Date Witness SEAL (if Bidder is a Corporation) Acknowledge receipt of Addenda Below: Addendum No. Date Received Signed (Company) By (Title) off-TIMM A-10 (Address) (Telephone Number) CITY OF LA PORTE TARGET DATES: SEALED BID #11017 To Dept for Review Dept Return Mail -Out Bids Advertising Opening Evaluation Period Agenda Deadline Council Award Award Notification A-ll 2/14/2011 2/14/2011 2/14/2011 2/10/2011 & 2/17/2011 2/28/2011 2/28/2011 — 3/2/2011 3/2/2011 3/14/2011 3/15/2011 Reagan McPhail City of La Porte UsS 'Department of Labor PAYROLL Wage and Hour Division WHO (For Contractoes Optional Use; See Instructions at www.dol.govhrhdtfonnshrh347instr.htm) US. Wage and Hour DhisiOn Persons are not required to respond to #te c ollecdon of Inkvmad n unfess if tLsyays a currerdy valid OMB ccnbd number. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area Expires: 12/31/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 1 05/29/2011 City of La Porte 11017 604 W. Fairmont Parkway La Porte, Texas 77571 n (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (eq.. LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER (2) o i (3) WORK CLASSIFICATION o (4)DAY AND DATE (5) TOTAL R 16) RATE OF PAY (7) GROSS AMOUNT EARNED DEDUCTIONS (9) NET WAGES PAID FOR WEEK Na Tee wd — Ffl Set Sun 321 YJ4 3n3 Sa6 32] SRB 529 FICA w1TH' HOLDING TAX 40I K Health laaasaw OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 1 Signature Point Drive Apt #204 League City, Texas 77573 Electrician 0 S583.44 1.298 13 S73.03 S209.32 $116.83 ' $5.57 $404.75 S893.38 a am 910 17. 32.00 2.32 Good, Cody 7612 4811 Dollar Reef Bay Cliff, Texas 77518 Electrician 0 I $583.44 5937.37 SO.00 S0.00 S0.00 $0.00 $120.92 S120.92 S816.45 a lAo 910 17. 26.65 7.67 0 a 0 a 0 a 0 s 0 a D a Wide completion or Form WH.347Is option. k le mardatmy for wwrnd conbaciwa and subcontrMws prfwmap work m Faderaly IYlenxed a ess6tetl mtnba:tlon mrrtrecb b ngpoed In eta Intmodon mlettfont contained In 29 C.F.R. §§ 3.3. 5.5(s). The Copal" Act (40 U.S.C. § 3145) conbaclars and suoontrolon, perbrn ftwork m FedmMy financed cr aaaleled construction mnbacte 0 *I mish weeldy a natameett with taapwt b de wepea Pdd each employee dtakq Me Pramdbp week.' U.S. Deprbmra of labor IDOL) reguladom at 29 C.F.R. § 5.5(a)(3)(11) rWulre co^aadaa b submit weekly a copy of el payro0a b the Fedrel agency cmbacdW for a bmrc q Me consvuction pnolect, eccatrlperded by a signed -St rumen of Compliance- Ydkatkq that the payroas are correct and co npbb and Met each labor w mechanic has been paid nd less than the pmpm DeNs-Bacon pmeNrq wage now for th work performed. DOL and federal cmbapkp agencies tecoh" dda 1 .1co. don nvbw cite Momeaon b detanie that enpbyeas Mw rarehad legally ropuked wages and M pe benefb. Public Bunion Statement We eagmete that is we take ant evemge of 55 minutes to complete Oft colecdm ktcUdhp dme for ravlewiq 6etructions. saerdlbg edstaq dab sauces. gaeedng and malmabhp the coca needed, rd cce kAth g and rwlowkp tie colecdon d Momnadon. l you have any comenta mgw*V tiles es4nabs w aid aaer aspect of this collection, MuAIq s ggesaorn for teMrtiq dis bwden, send awn b the AdminishvW. Wage and Hour Dhisicn, U.S. Defwbnen t of Labw. Rxxn S3502. 200 CanalWtlon AvrKe, N.W. Wo0*0 n. D.C. 20210 (owe) Date 6/3/2011 Brock Bihm President (Name of Signatory Party) (Title) do hereby state: (1) That 1 pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ;get during the payroll period commencing on the (Building or Work) 23 day of May 2011 , and ending the 29 day of May 2011 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages eamed by any person, other than permissible deductions as defined In Regulations, Pert 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108. 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145). and described below (2) That any payrolls otherwise under this contract required to be submitted for the above period are coned and complete; that the wage rates for laborers or mechanics contained therein are riot less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed In the above period are duly registered In a bona fide apprenticeship program registered with a Sate apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United Sates Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United Sales Department of Labor. (4) That (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as fisted In the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below, (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted In section 4(c) below. (c) EXCEPTIONS REMARKS: EXCEPTION (CRAFT) EXPLANATION Currently Not Eligible for Benefits U.S. bepartment of Labor PAYROLL aNNO, Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.govhvhdtformshvh3471nstr.htm) U.S. Wad and Hour Dhisiw Persons are not required to respond to Use collection of inlommtlan unless it c6splays a currently valid OUR control number. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ❑ ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm 8 Greer Enterprises, Inc. DBA Mr Electric of Bay Area, Expires: 12131/2011 PAYROLL NO. - FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 2 06/05/20111 City Of La Porte 11017 604 W. Fairmont Parkway La Porte, Texas 77571 n (1) NAME AND INOMDUAL IDENTIFYING NUMBER IeA.. UST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER (2) o i3 (3) WORK CLASSIFICATION e g O (4) DAY AND DATE (5) TOTAL HOURSOF (6) RATE PAY (7) GR059 AMOUNT EARNED (6) DEDUCTIONS (9) NET WAGES PAID FORWEEK Ib Tee wee � Fri Sac Sun SOO Snt NI (J2 (J3 6/4 tV5 FICA W HOLDING TAX COIK Hmhk Imaaott OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 1 Signature Point Drive Apt #204 League City, Texas 77573 Electrician 0 5823.68 2.J25.35 $131.07 $456.88 $209.28 $5.57 S802.80 S1,522.55 a :m am too .m 24. 32.00 2.32 Good, Cody 7612 4811 Dollar Reef Bay Cliff, Texas 77518 Electrician 0 S960.96 $1,065.50 $0.00 $0.00 SO.00 $0.00 $120.92 SI20.92 S944.58 s .m am am am 28,0 26.65 7.67 0 s 0 e 0 ' 8 O 8 0 a O 8 Whbe cmViedon d Farm WH317 Is optiuW. It Is rrwdabry far covered =1n clos, and sub=nuxlaa pedmnsng weak m Fadmary IYlscad m esabfetl meblKJfpn mNreW b ne4polb I Ne Inlomedon coeactim mdalnad in 29 C.F.R. §§ 3.3, 5.5(a). The CapdaM Act (40 U.S.C. § 3145) cWtucbxs and aubcontraclas perbnKp work w FedeMy Ihm m assist mnabucdon mnbecb b'IUMsh we" a sta meant wM rerpaq b In, wages paid each OUPIO ell duiq lie prao sift week.' U.S. DepeMbM of labor IDOL) regulations M 29 C.F.R. § 5.5(aN3k1) re4uH conbsctcw b submit reeky a copy d a1 payrolls b NB Federal agency cantrecM1p form Mencing the cvnsbw.Um pmleM ecwnpeded by a signed Statement of Canpbnce' kbiceeq Nat se Peyrdb sre cnnect and mnpbb and dot each laborer m machenk: has been paw not less Con the proper Devb49awn Prevailing wage cob for Its, wok pNlonred. DOL and Iatleral mnbacd g agencies receiving Nb blon, don renew the Intimation b tlslarrrdre Net empbyees have recdtetl legabY raqubed wsgea erd hbpe bere6b. Public Burden staMlent We saMlete that b we bke an average d 55 Mmba b mrlpbb dole coaeNon. Including time lar raMsweV Yabudbe, seamhFp edslkq dab souoee, gadmi g aid rneMNnbp Ow den needed, and eonpbtkp end Mvbwkq the cosecdon d kdmnetlon, d ym have arry cormmmb regardng tilese esMebs merry etler ssped or tits meectbn, bdudhq sugpeamns for reducing it* burden. send thorn b NO Ad ninh4mbos. Wore and Henn Division. U.S. DepWnerd d Leber, Rmn MM, 200 Cbnseudon Avenue, N.W. Weeldllgbn, D.C. 20210 lowrl � � Date 6/9/2011 (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Brock Bihm President m Each laborer listed In the of has been Signatory Pa Title (Name of SI 9 ry Party) (Title) - or mechanic above referenced pad, as Indicated on the payroll, an amount not less than the sum of the applicable do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted in section 4(c) below. (1) That 1 pay or supervise the payment of the persons employed by (c) EXCEPTIONS Bihm & Greer Enterprises,, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) EXCEPTION (CRAFT) EXPLANATION City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work) Cody Good Currently Not Eligible for Benefits 30 day of May 2011 , and ending the 5 day of June 2011 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no, deductions have been made either directly or Indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stal. 948, 63 Start. 108, 72 Stet. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated Into the contract; that the Classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed In the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists In a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That (a) WHERE FRINGE. BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as fisted in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. Brock Blinn / President W OR CRIMINAL PROSECUTION. SEE SECTION toot OF TITLE 18 AND SECTION 231 OF TITLE W U.S!. Department of Labor PAYROLL N Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/whdMorms/wh347instr.htm) u.s. Walic.nd boar Mision Persons ere not required to respond to lhs collection of fnflonmdorl unless R dsplays a currently valid OMB cmbd nurnber. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR 0 ADDRESS 2318 Center Street Suite 110 Deer Park, Texas T7536 OMB No.: 1215-0149 Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area: Expires: 12/31/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 3 06/1220111 City of La Porte 11017 604 W. Falmiont Parkway La Porte, Texas 77571 (1) NAME AND INDIVIDUAL IDEMIFYING NUMBERGROSS (e.9. LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER (2) ist i 3 (3) WORK CLASSIFICATION io o (4)DAY AND DATE Is) TOTAL HOURS (6) RATE OF PAY (7) AMOUNT EARNED (BI DEDUCTIONS (9) NET PAIDS FOR W EEK Mae Ton Wd Tkw Fri $e[ Sun 616 6(7 68 G9 d10 d11. NI3 F IGI WITH- HOLDING TAX �IK I OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 1 Signature Point Drive Apt#204 League City, Texas 77573 Electrician o S360.36 1.359.81 $88.77 $272.69 S141.90 $5.57 5508.93 $1,050.88 s a.e 4m 1 10.5 32.W 132 Good, Cody 7612 4811 Dollar Reef Bay Cliff, Texas 77518 Electrician 0 1 $240.24 $940.40 $0.00 S0.00 SO.00 $0.00 S120.92 $120.92 $819.48 s Tm 7.00 26.63 7.67 Christopher Eric Robbins 9702 5900 Baytown Drive Baytown, Texas 77520 Electrician 0 S360.36 $748.57 $0.00 $0.00 S0.00 SO.00 $748.57 s ex 4.m 10.5 26.0 7.67 0 s 0 s 0 e 0 s 0 s While wrrpbdon d Form WHJ47Is aptbrW, It Is mendalay for m+aed � mM subwn4ecbn perbnNtq+ak an FeEnaly hwime a easbtaa mruNwlbn metxb b reapoM b tlq hbmWbi mbction cvntd and In 29 C.F.R. §§ 3.3. 5.5(e). The Capetm d Act (40 U.S.C. § 3145) ccntrscbn and sjbcanbactan pafwnhviwork m Fedaatly amncad or esablad mnsvucoon wntracb b"hmbh weeldy a metmland weir reaPerl b the wages Pall Barr WVIUyw dung dw pncedtp week.' U.S. Depermml a Labor (DOL) relluiedcm at 29 C.F.R. § 5.5(aN3#) require wnbaedas b submit weekly a cM a It Payr h to ere Fadmal epmay wntredkp for a Messing the mnsbucdm pm(eM accompanied by a sipmd'Sbee a C mlmros' kdkeerp that Ore MWob ere woad and =Mbb erd Met erh 4bpm a manhmic hm berm POW not bas Men the proper DeW-Bewn prave91n9 wne rate br Me work pedo mod. DOL and lederal cmbadkq agendes receNNp Mb Mfdmetlon review Im InM don b tlmmnbs that anp"m have recurred legally mqukW odes W hkge bamab. Public Burden SlnMrent We eaWmte Mm Is we take m avae9e of 55 mlr u ee to mrpbte this wlerliw, kwf Wkrp Non for rmMwkq huhXtImm, semddip mddkN deb ewoes, pedbrhp and rmirdm&Aq Um data reeded. and wrrpbW9 and mbwkV 1M wbtlbn of Mwmtlon. a you haw my cc a ft regarding Muse aslMetes m am order espect of the colecdom. inclu g mggesdons for reducing tlrb burden, sad darn b the AdNNatrabr, Wege and HPur DIvb$m. U.S. Depm o labs. Room S3502. 200 Canftdm Aw , N.W. WashbVbn, D.C. 2D210 Date 6/17/2011 Brock Bihm President (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the _ (Building or Work) 6 day of June 2011 and ending the 12 day of June 2011 all persons employed on saki project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined In Regulations, Pan 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. toe, 72 Start. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any peyrods otherwise under this contract required to be submitted for are above period are conect and complete; that the wage rates for Laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprenfloes employed In the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS El - in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each laborer or mechanic listed In the above referenced payroll has been paid, as Indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as rated In section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION Cody Good Currently Not Eligible for Benefits Christopher Eric Robbins Currently Not Eligible for Benefits Brock Bihm ANY OF ITS IAAY SUBJECT THE CONTRACTOR OR INAL PROSECUTION. SEE SECTION 1001 OF TITLE 1a AND SECTION 231 OF TITLE sU.S. Department of Labor Wag§ and Hour Division PAYROLL (For Contractor's Optional Use; See Irtstructions at www.dol.govtwhd/formshvh347instr.htm) Persons are not required to respond to me collection of information urdess it drspbys a cumertg valid OMB control number. WHO U.S. Wage and Hour Division Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm 8 Greer Enterprises, InC. DBA Mr ElectriC of Bay Area Expires: 12/31/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 4 06/19/20111 City of La Porte 11017 604 W. FaIntiont Parkway La Porte, Texas 77571 n (1) (2) (3) (4)DAY AND DATE (5) (a) (7) (g) bon rw wre Ttw Fri Sat Sm NAME AND INDMDUAL IDENTIFYING NUMBER (e.0•LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER o i 3 WORK CLASSIFICAT10N a C TOTAL HOURSOF RATE PAY GROSS AMOUNT EARNED DEDUCTIONS NET WAGES PAID FOR WEEK Nl] V14 MIS M16 M17 NIB N19 FICA WRi4 HOLDING TAX ItiK fldd 1. OTHER TOTAL DEDUCTONS HOURS WORKED EACH DAY Foltz, Stephen 2797 Electrician 0 S823.68 1 Signature Point Drive Apt #204 $77.57 $227.59 S124.06 $5.57 S434.79 $943.67 League City, Texas T7573 s ono eon Tao 24. 32.00 2.32 1.378.46 Good, Cody 7612 Electrician 0 1 $823.68 4811 Dollar Reef Bay Cliff, Texas 77518 51,017.80 $0.00 $0.00 SO.00 SO.00 S120.92 $120.92 $896.88 s s.00 s.00 sac 24. 26.65 7.67 Chdstopher Eric Robbins 9702 Electrician 0 S823.68 5900 Baytown Drive So S0.00 S0,00 50.00 S1,062.80 s aao JIUVGto 2Q• 26.65 7.67 Baytown, Texas 77520 S 1062.80 0 s o s 0 s 0 s 0 s Whim corpdbn of Farm WH.147 Is opdone6 It Is m o datory for covered connbaclaa and subcmtrecton perlomi q rpk m Faderay finencod or esabbd wn lwd oonbeda b mryord b Me InlorrrWbn mbcdon contained in 29 C.F.R. §§ 3.3, 5.3(a). The Copeland Ad (40 U.S.C. § 3145) wraaclpra end Subwnbacbrs pedomlh wank w FadereRy financed or essbed mrntuCbn contracts b'hmish weekly a statement with reaped to the wages paid eecir employee during de preceding week.- U.S. Dspemmae 11 Lobar (DOL) regulators M 29 C.F.R. § 5.5(a)(3k1) reputre oontratore to submit weakly a copy of all psynds b the Federal aganry contracting for or financhg the construction project. aowmpaNed by a signed 'S atamaa of Corrplance' adkaip OW the payrolls are correct end wr pee and MM eacir laborer w mechanic has been paid not leas den the proper Dsvb-Bacon prevailing wage rate for Me work pedon ed. DOL and IWerN wnaacdq agendes MOMIArg dYa Inbmetlon review de Information b detenNe that mlpbyees have received legacy required w9ges end htga bmwfl , Public Burden stater vend We eatlme s OW a wa eke sn average o155 mianea b wnplete Mb colecUon. he dtp Oma fan ravWAV Mbucdm. sewd bg edattp deb sauces, getlrerhp mid mart hkV the oeb needed. and wmpleft and rmiewtq Oro collection of Manvlbn. fi you have erry mrmlanb regmdnp tleae aatMees or arty aOer aapea d Oft colecllon• bdudbrg suggeadore for reducing this bu ten. send deco b the AdTi istratos, Wage and Maur Division. U.S. Depends of Labor, Room S3502, 200 ConsOtfbn Avama, N.W. Waahkgbn. D.C. 20210 Date 6/17/2011 (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Brock Bihm President (Name of Signatory Parry) (Title) m as indEach icated on theror �nk listed In the above referenced payroll has been payroll, an amount not less than the sum of the applicable do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted In section 4(c) below. (1) That I pay or supervise the payment of the persons employed by (c) EXCEPTIONS Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor Or Subcontractor) EXCEPTION (CRAFT) EXPLANATION City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work) Cody Good Currently Not Eligible for Benefits 13 d3 of June 2011 and ending the 19 day of June 2011 all persons employed on said project have been paid the full weekly wages earned, that no rebates have Christopher Eric Robbins Currently Not Eligible for Benefits been or will be made either directly or Indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than penmissible deductions as defined In Regulations, Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357: 40 U.S.C. § 3145). and described below:. (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed: (3) That any apprentices employed in the above period are duty registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. Brock Bihm SUBCONTRACTOR TO CML OR CRIMINAL PROSECUTION. SEE SECTION IDDI OF TITLE to AND SECTION 231 OF TITLE U.S; department of Labor PAYROLL WHO wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.govhvhdtfornstwh3471nstr.htm) U.S. Wage and Hour Did Persons are not required to respond to the coeechon of imbaradon unless d cPspeys a wff&* valid OMB cordh l number. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR [] ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm 6 Greer Enterprises, Inc. DBA Mr Electric of Bay Area Expires: 12131/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 5 06/26/2011 City Of La Porte 11017 604 W. Fairmont Parkway La Porte, Texas 77571 n - (1) (2) (3) (4)DAY AND DATE (5) is) (7) (9) (a) M. T. Wed li,e Fri Sat Suo NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER i WORK CLASSIFICATION p o TOTAL OUR RATE OF PAY GROSS AMOUNT EARNED DEDUCTIONS NET WAGES PAID FOR WEEK 6R0 WI 623 623 6I24 625 6R6 FICA WIT/4 HOLDING TAX s01K Hestia OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 Electrician 0 S274.56 1 Signature Point Drive Apt #2D4 $100.80 $321.14 S161.07 $5.57 S588.58 S1,201.07 League City, Texas T7573 5 e.m .m 8.00 32.00 2.32 1.789.65 - Good, Cody 7612 Electrician 0 " 4811 Dollar Reef 7/$616.45 SO.00 SO.00 S0.00 $0.00 $120.92 S120.92 S495.53 a 3.m 3.00 26.65 7.67 Bay Cliff, Texas 77518 Christopher Eric Robbins 9702 Electrician 0 S137.28 5900 Baytown Drive $0.00 50.00 50.00 $0.00 $844.60 5 ..ao 4.00 26.65 7.67 Baytown, Texas 77520 S844.60 0 s 0 s 0 9 0 9 0 8 NTee mngbtlon of Fom, M-347 Is entha al, it Is mandebry for covered contracbn and subcontradon parr," , work on Fedarely Ibmped cr asaietetl mnstructlan ox,trecb b taapoE b d,s Inbmmim ooexdbn oamahad In 29 C.F.R. §§ 3.3, 5.5(s). The Ccpshi Ad (40 U.S.C. § 3145) contractors and sbmntrxtora perTmKp work on Federally financed or assisted co atuctlan contracts b'NmW welly a atetmnent wgh respect to the wages paid sect, employes drukp the prerndIng week.' U.S. Depertmenl of Leber (DOL) regulations at 29 C.F.R. § 5.5(e)(3)(9) repuke mnenclae W submit we" a copy of as parrots to the Fedem agency contracting kx or financing the comtruNon pro)ea aamperied by a signed'Smamenl of Comosa ce, MIUW,g dot the payroes are conect and con,piee and bet ead, ayxa r or mac anic has been paid W has than the proper DeW-,lame prevdWq wage reb for the work parkmnd. COL and 4daei canbadkig agencies receFM,g this Inbrmatbn review the kdmrctlon b detanine that arpbyeea have, received legally rWuked wages and kite berofib. Public Burden Statement We aatbate that ie we take an average of 55 ntlndes b complete this collection. k,ridbp tins ro revie ing Mbudbns, semddrp edalbg data farces, geMmhq and mektlffiiq the data needed. and conpbtkp and ,eviewiii the alxlbn of Mammon. It you have any mnsnsnn regardnp these sedimetea m any War taped of this oMecdon. bdudbG suggestOas for reduckp Oft Laden, sob them b the Adei,6babr. Wage mid Hour Division, U.S. Department of Lebo. Roan S3502. 200 Constitution Avenue. N.W. WnW*Vt n, D.C. 20210 (over) Date 6/17/2011 Brock Bihm President (Name of Signatory Parry) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work) 20 day of June 2011 and ending the 26 day of June 2011 all persons employed on said project have been paid the full weekly wages earned, that.no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or Indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations. Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. foil, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are corfect and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona tide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or If no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each laborer or mechanic listed In the above referenced payroll has been paid, as Indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION Cody Good Currently Not Eligible for Benefits Christopher Eric Robbins Currently Not Eligible for Benefits Brock Bihm ANY OF THE ABOVE-WATEMENTS MAY SUBJECT THE CONTRACTOR OR IINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TrLE ,t WHO 0.S. Department of Labor PAYROLL Wage and Hour Division(For Contractor's Optional Use; See Instructions at www.dol.govtwhd/formstwh3471nstr.htFn) U.S. We=and Hour Di isioo Persons era not required to respond to the collection of 6lonrat ion unless 8 displays a cvrronty valk! OMB conbol nurtber. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ❑ ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm 8 Greer Enterprises, Inc. DBA Mr Electric of Bay Area Expires' 12131/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 6 07/03/20111 City of La Porte 11017 604 W. Fairmont Parkway La Porte, Texas 77571 n (1) (2) (3) (4)DAY AND DATE (5) (6) (7) (9) (e) ea Tee w'ed 1W Fri Set Sm NAME AND INDIVIDUAL IDENTIFYING NUMBER (eA- LA3T FOUR gGfTS OF SOCIAL SECURITY NUMBER OF WORKER i A i3 WORK CLASSIFIGTION m `o TOTAL DU RATE OF PAY GROSS AMOUNT EARNED DEDUCTIONS NET PAID FOR W EEK , 7 ,Wa 6R9 N30 7MH 7M ]All FIG WITH- MOLDINGI TAX aplK MdMWAGES th OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 Electrician 0 SI,235.52 1 Signature Point Drive Apt #204 $72.00 S205.19 S115.20 $5.57 S397.96 $882.04 League City, Texas T7573 s am In am am .m 36. 32.00 2.32 1.280 00 Good, Cody 7612 Electrician 0 S960.96 4811 Dollar Reef $0.00 SO.00 $0.00 SO.00 $120.92 $120.92 $873.86 s am uo am 3m 28. 26.65 7.67 Bay Cliff, Texas 7751E 5994.78 Christopher Eric Robbins 9702 Electrician 0 5900 Baytown Drive V$755.04 SO.00 S0.00 SO.00 SO.00 $755.04 s .m zoo am em 22. 211 ].67 Baytwm, Texas 77520 Fernando Gonzalez 2156 Electrician c I I I I $291.72 2507 Austin Avenue S60.87 S79.78 $0.00 S31.26 S171.91 $936.72 s am 8.50 32.00 2.32 Pasadena, Texas 77502 51,108.6J 0 s 0 s 0 s 0 s Whls cartpledon of Faso WH-d47 Is apeorul. N b rnetdaMry for covered mnbermra wA sub onbec9on pAllani p work m Federaly IWeKed a eaablel -now don mroaats b respond b"hnla ntNon cobctiom mnlarod In 29 C.F.R. §§ 3.3. 5.5(s). The Copeland Ad (40 U.S.C. § 3145) cone actars and sulwntragas perlo nnipiwak on Federally Merced ar ambted construction mnoxte Ic'kmbh we" a abut rent Nth respect W the Napes paid each a 0oyee dtrktg the cascading week.' U.S. Depaonare of Labor PM) regulalans a 29 C.F.R. § 5.5(ak3xl) requke can6xJas b submit weekly a copy of N payrab b the Fedend agency mrbactkng Ica or financing the mnsbuction Project, somnroanied by a signed'SfelanaY of Conplanoe' l di atlrp Met the par rob ee mnect end conoete arc! Met each labax.. a Mehanic has been paid not leas Men Me props Da is -Bacon prevNklg wage nee for the work Denonned. DOL and federal contracting apandes rccoNh9 die Nome ion rMew On, Infan edon Oo dekmdne that eaployeas tuns recaiwd legally r L*W wegea and hinge bsnalb: Public Burden Stabmmt We ea hate that Is wa tNs an average of 55 minutes b con"ale this Nectim kncAdk4 time for rVAVAng Instructions. saerdi g eAsd ng dab sources. galt"ng ad melnte ni ng dw deb needed. and mnoleatp and redewkV the collection of kemnadilm. a you have any mrmteds mgardrtp gorse eaMtebs a any odw aspect of die collection. Y1Nudhq suppestbn for nduch dis budm, sad Ilam b eu AdmN3mVW. Wage and Has DMsion, U.S. DepeMurd olLabor. Roan S3502. 200 CaatlGAm Aventa, N.W. Waaigbn. D.C. 20210 6%, Date 7/8/2011 (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Brock Bihm President (Name of Signatory Parry) (Title) m — Each _ Indicated o mechanic listed in the above referenced payroll has been paid, as the payroll, an amount not less than the sum of the applicable do hereby state: basic hourly `rage rate plus the amount of the required fringe benefits as listed In the contract, except as noted in section 4(c) below. (1) That 1 pay or supervise the payment of the persons employed by (c) EXCEPTIONS Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area an the (Contractor or Subcontractor) EXCEPTION (CRAFT) EXPLANATION City of La Porte LlghUng Replacement & Retro ; that during the payroll period commencing on the (Building or Work) Cody Good Currently Not Eligible for Benefits 27 day of June 2011 , and ending the 3 day of July 2011 all persons employed on said project have been paid the full weekly wages earned, that no rebates have Christopher Eric Robbins Currently Not Eligible for Benefits been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtfife A), Issued by the Secretary of labor under the Copeland Act, as amended (48 Start. 948, 63 Start. 108, 72 Stal. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duty registered In a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists In a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ — In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. Brock Bihm SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 1a AND SECTION 231 OF TITLE U.S. Department of Labor. Wage and Hour Division PAYROLL (For Contractors Optional Use; See Instructions at www.dol.govtwhdtfonnshvh3471nstr.htm) Persons are not required to respoW to the collection of Information unless it displays a currently valid OMB mrIbri number. WHO U.S Wap"Hour Division Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ❑ ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area Expires: 12/3112011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 7 07/10/20111 City of La Porte 11017 604 W. Fairmont Parkway La Porte, Texas 77571 p (1) (2) (3) (4)DAY AND DATE (5) (8) (7) (9) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER a i 3 WORK CVSSIFICATION m g c TOTAL OUR RATE OF -PAY GROSS AMOUNT EARNED (8) DEDUCTIONS NET WAGES PAID FOR WEEK Mrs Tue wee Tbw Fri Sat Sun 7y4 7/6 7A 7D ]/IU FICA WRH- HOLDING TAX 401x I H OTHER TOTAL DEDUCTIONS HOURS U WORKED WORKED EACH DAY Foltz, Stephen 2797 Electrician 0 $549.12 1 Signature Point Drive Apt #204 $83.47 S251.35 SI33.46 $5.57 $473.85 $1,004.03 League City, Texas 77573 s eao eao 16A 32.00 2.32 1477 88 Good, Cody 7612 Electrician 0 S583.44 4811 Dollar Reef S0.00 $0.00 SO.00 $0.00 S120.92 $120.92 $602.13 8 uo eso 17, 26.65 7.67 Bay Cliff, Texas 77518 $723.05 Christopher Eric Robbins 9702 Electrician 0 S583.44 , 5900 Baytown Drive $0.00 S0.00 S0.00 $0.00 S677.21 s asp ON) 17.01]26.63 7.67 Baytown, Texas 77520 5677.21 0 s 0 a 0 s 0 s 0 a While O=Ple w 01 Fa , WHJ47 Is optbnel. it Is mandatory for wowed contractor and subcontractor perfamhp nark m FederaH finenwa a lasbtetl constnwtbn wntraar b rapord b cite Inbrmeam cnlectbm mntened in 29 C.F.R. §§ 3.3. 5.6(e). The Copeland Act (40 U.S.C. § 3145) wntratlare and subcanhactaa perkxntlnpiwork m Federally financed or aeaisted combuction otntraca, to'lumHh weeldy a Mlmient with reaped b the wagas geld earh employee during the pecedk'N weak.' U.S. Department or Labor (DOL) agulaticne at 29 C.F.R. § 5.5(aX3)(6) reciWks rontracbrs b submit weakly a copy of all paymb b the Federal agency omtracti g ter or financing the Comm lien project accompanied by a signed Statement of Canpleas' kdicetlng that the payrolls are coned and complete and that each laborer a rnechanic hea been paid not leas than the props Dav! -Baron prevailing wage rate for the work pa/amed. DOL and federal cmbaabg agencies recelvkq this Inramalbn review the i du ,mtlon to debnNr Mt enplvyoee have received legato required wages and huge bereft Public Burden Stebnnam We estimate that Is will take an average of 55 Mnutaa to wrnplate this wfiectim including time for reviewing Mbuctima. seardit existing deb sources. gadiodng and makAabkg tM data needed, and rpnpk&V and rmiawig de 0Dfiac6on or hilbartelbn. 0 you have my parumenb regarding there estimate or my other aspect of this wdeclbn, brAdkq suggestions for reducing aria Haden. send them b the Adninbtraw. Wage and Nora Division, U.S. Daperanea of labs. Room S3502. 200 Cmsthulbn Avenue, N.W. Washbglon, D.C. 20210 Date 7/15/2011 Brock Bihm President (Name of Signatory Party) (Title) do hereby state: (1) That 1 pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work) 04 day of July 2011 and ending the 10day of July 2011 all persons employed on said project have been paid the full weekly gages earned, that no, rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined In Regulations, Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stal. 967; 76 Slat. 357; 40 U.S.C. § 3145). and described below. (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenficeshlp program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE. BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS El — In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each laborer or mechanic listed In the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as rated in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION Cody Good Currently Not Eligible for Benefits Christopher Eric Robbins Currently Not Eligible for Benefits Brock Bihm TS MAY SUBJECT THE CONTRACTOR OR 1001 OF TITLE 18 AND SECTION 231 OF TITLE U & Department of Labor PAYROLL WHO Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.govtwhd/forrns/wh347instr.htm) U.S. Wage and Hour Division Persons are not required to respond to flay collecilon of lnfornladan unless M displays a cunendy valid OMB covilyd number. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR 0 ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm 8 Greer Enterprises, Inc. DBA Mr Electric of Bay Area, Expires: 12/31/2011 PAYROLL NO, FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 8 07/17120111 City of La Porte 11017 604 W. Faimlonl Parkway La Porte, Texas 77571 p (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER AL SECURITY (e.g., LAST FOUR NUMBER) OF OF WORKER NUMBER OF WORKER (2) o €yr i40 (3) WORK CLASSIFICATION a ff o (4)DAY AND DATE (5) TOTAL (a) RATE OF PAY (7) GROSS AMOUNT EARNED (8) DEDUCTIONS (9) NET WAGES FOR WEEK R W stw Tue Wed Tam Fn Sal Sw ]/II 1113 ]/Il ]/M ]/IS ]/16 ]/I] FICA WITH. .MOLDING TAX 401K HnIN lawavice _ OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 1 Signature Point Drive Apt#204 League City, Texas 77573 Electrician 0 S583.44 1707 77 $96.18 $302.51 $153.70 $5.57 S557.96 S1,149.81 s 6ao ins am 17. 32.00 2.32 Good, Cody 7612 4811 Dollar Reef Bay Cliff, Texas 77518 Electrician o S755.04 S953.95 $0.00 $0.00 SO.00 $0.00 S120.92 SI20.92 S833.03 s Me ]m ago 22. -26.65 7.67 0 s' 0 s 0 s 0 s 0 s 0 a While eon dw d Form WH-3471s optlonat h N rnwdawn far covered mrdni —, end sulxontredon PerfarrnJreeg wak an Federally Metcdd a aaehted wnsNdbn contracts b reaped to the hbrmdeon collection contained In 29 C.F.R. §§ 3.3, 5.5(a). The Copelard Ad (40 U.S.C. § 3145) rvntreclas and subcontrectan perfarmYpiwak on Federally financed or assisted construction mntraW b'furnhll weedy a etatarrent with respect b the wages paid each empkryee during the peco*ig week.' U.S. Depanrrenl of Lahr (DOL) regulations at 29 C.F.R. § 5.5(a)(3kB) rWWre contractors to submit weakly a copy of all Payrolls W the Federal agency contracting for or Marring tie canstructon Pmlecl, aamperied by a signed -Stateme l of Conalenco' IndkaWq that the payrolls am caned and cmVisb and Nat each laborer or mwhardc hen been Pad not less than the proper DaW-Barn prave®ng walls rate br the work Perfomred. DOL and federal oontractbq agencies receiving Oft Inbmetlm review the InMrmtlan to debrmine Net anpbyess have received legally required! wages and hinge beans. Public Surd" Stsb r at We estimate, that is will take an average of 55 mksrtn b wnepbte the collection, incWkV the for reviewing inabuclk ns. searching edetkg data eauroae, gathering mW mahtahhg the data needed. and eanplefing end reviewing Ne collection of kdonnetlon. t you have 9" cornnnents regarding these eatlmeam or any odor aspect of Oda collection, hctWIng suggestions far reducing Nh burden, send than to the Administrator. Walla and Hour Division. U.S. Depamners of Lahr, Ream S3502. 200 Constitution Avenue, N.W. Waahhptpn. D.C. 20210 Date 7/22/2011 Brock Bihm President (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work_) 11 day of July 2011 and ending the 17 day of July 2011 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as emended (48 Stat. 948, 63 Start. 108; 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145). and described below. (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed In the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE. BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS — in addition to the basic hourly vrage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted In section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION Currently Not Eligible for Benefits Brock Bihm SUBCONTRACTOR TO OML OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE to AND 231 OR U.S; De�"nt of Labor Wage and Hour Division PAYROLL (For Contractor's Optional Use; See Instructions at www.dol.govtwhdMorrnstwh347instr.htm) Paysarrs are not required to respond to dw cofedlan of irlanafal unless it displays a arnmady valid OMB cpau0y number. WHO U.S. Wag and Hsu Division Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ❑ ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm 8 Greer Enterprises, Inc. DBA Mr Electric of Bay Area Expires: 12/3112011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 9 07/17/2011 city of La Porte 11017 604 W. Faihnont Parkway La Porte, Texas 77571 L7 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER (2) O i 3 (3) WORK CLASSIFICATION ? o (4)DAY AND DATE (5) TOTAL (a) RATE OF PAY (7) GROSS AMOUNT EARNED (a) DEDUCTIONS (9) NET WAGES PAID FOR WEEK stm Tue w,d Tsw Fri Sal S. I119 7/19 ]rz0 ]rzl ]rz2 ]rz) ]rz4 FICA WITH. HOLDING TAX QIK Huhn 1Of1'0eC OTHER . TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 1 Signature Point Drive Apt #204 League City, Texas T7573 Electrician 0 S926.64 1,091.57 $61.80 $164.14 S98.96 S557 $330.47 $761.10 a am s.m &00 son 27. 32.00 2.32 Good, Cody 7612 4811 Dollar Reef Bay Cliff, Texas 77518 Electrician 0 $1,123.98 Si,281.46 ' S0.00 s6.00 $0.00 SO.00 S120.92 • S120.92 $1,160.54 a 9.m 7.95 am son ' 32,7 26.65 7.67 0 s 0 a O 9 0 a O a 0 a Whb ompbaon of Fcrm WH-U7Is optional, it Is r ardatdy for cwere ! conlmdps and s ubmntraUore psrfomkq work m Felaaly lihenc�ed a aaalstad conaNclkn coMacTa b -Pori-, to'n',nradon colecdcn ox t bond In 2g C.F.R. §§ 3.3, 5.5(e). TM CopeNM Act (40 U.S.C. § 3145) oontrscl= and ww bntragaa s pwb rkV work m Federally Ihwwod assisted cmbky onsbucton ntracb 'iabh reea sbto temem with respect b wsgea paid each amplpyes daOar precadlrlp week.' U.S. Dependant d Iabo (DOL) reprdetlam In 2g C.F.R. § 5.5(e)(3)(1) re4uks ccntrWws m subrM weaidy a copy of e1 psymb to an, Federal agency Contracting b a Merdrp the construction prayed, armaveried bye signed'Sbtemeri d Cmplenca' indicating that the peymb era caned and compbb and Net each bbom a madhaNc has been Peal not less then the paper Dav"amn Wevaanp wage rate for Na wank parmmad. DOL end teen wntradbp agencies raWNag tit MCmaton review Oa kdonnation b dabrmha that employees he" received legally nmubetl wages and fringe bane0b. PUNIC Barden stebmad Wa eslkreb tbt ls wa take m average d 55 rrilutea b =,pleb Oda mleedDn, krdudkp lima tar rerlewkq klsbmxams, sandhi axbttrhp data stances, gathering and meMbklkp the deb needed, and mnpletihp end rwvim*V Oro o lwdw d kdon UDn. O you hm any uxsmmnb regaNng tame esthneba m any other aapsd of tlb mbction. icNdiug alggeabora for reducky Oils burden, and dhen b the Adminis alnr, Wage and Has Division. U.S. Depended of Latim, Ryan S3502, 20D Coratlidlon Avenue, N.W. Wefhkpbh, D.C. 20210 Date 7/27t2011 Brock Bihm (Name of Signatory Party) do hereby state: President (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work) 18 day of July 2011 and ending the 24 day of July 2011 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Start 948, 63 Start. 108, 72 Start. 967: 76 Start. 357; 40 U.S.C. § 3145). and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination Incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, am registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That (a) WHERE FRINGE. BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each laborer or mechanic listed in the above referenced payroll has been paid, as Indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION Cody Good Currently Not Eligible for Benefits U.S. Department of Labor PAYROLL H Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/whdMorms/wh347instr.htm) U.S. Wage and Hour Dhiddon Persons are not required to respond to rile coAgadon of infonrletlon uyess of olspiays a currently vaild OMB control meter. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ADDRESS 2318 Center Street Suite 110 Deer Park, Texas T7536 OMB No.: 1215-0149 Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area, Expires: 12131/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 10 07/3120111 City of La Porte 11017 604 W. Fairmont Parkway La Porte, Texas 77571 A (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (eq.,LAST FWROIGIT3 OF SOCIAL SECURITY NUMBER OF WORKER (2) 0 i 3 (3) WORK CLASSIFICATION „ 9 c (e) DAY AND DATE (5) TOTAL OUR 16) ' RATE OF PAY (7) GROSS AMOUNT EARNED DEDUCTIONS (9) NET WAGES PAID FOR WEEK 31ua Tee cum 7kw Fri Set Srm 7n! 7n6 7727 728 7M )73P 7131 FICA WITH. HOLDING TAX e01K Heekh I.a..ree OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 1 Signature Point Drive Apt #204 League City, Texas 77573 Electrician 0 1 1 S480.48 1.178.15 S66.26 $192.02 $106.03 S5.57 S359.88 S818.27 a am 6m 14. 32.66 2.32 Good, Cody 7612 4811 Dollar Reef Bay Cliff, Texas 77518 Electrician O 1 5583.44 $910.55 $0.00 S0.00 $0.00 SO.00 S120.92 S120.92 $789.63 a 3m 3.50 nem 17.0 26.65 7.67 0 s 0 s O s 0 a O S O 8 While corrpWm of Farm WH3e71s o ft* k Is mmidalory for covered mntradors aed eubmnbacmn parbirkng work an Fadxstlr Ilnarted or ffis em mnsWnbn oukacb b respard Iq are Inhrrrslbn mlecdon cordid tl Yt 2D C.F.R. §§ 3.3. 5.5(a). The Consisted Ad (40 U.S.C. § 3145) mntradors and suamntnctws parlomkpi work on Federally financed fie aadabd mnsbucdOm mnbacb InYunbh weeldy a statarnml wfih reaped to dre wages paid each enpbyee duke Me IssoedLV weak.' U.S. DeperMwn d lobar (WLI rsWladons at 29 C.F.R. § 5.5(aX3)(l) ragike oonlndas to wbrri v eeky s copy dal payrolls to the Federal agency contracting for orfinordo ng an constriction Project, amorrpeded by a signed Sta onswal of Conplerxs' Ygketkp that the Payrolls are coned and complete and Mal each laborer or medwi: ham been paid not less Man Me proper Data -Benin Prevailing wage cob for the wok padermed. DOL and lederel cmbWirp ages Im receiving die hrlurnedon review Ma Indonnotlon In determine Mal enpbyeea have received legally required wages end Ripe berroab. Public Burden Stabnrem We eatkmte fires b we take an average of 55 mkMles to conpbb Mir collection, Indudhp time br reykwkq knbWions. searching adatlng doe satexam, gesredng and meiMdnkrp Ms deb naatled, and CMVkdV end m4wAV the colx2bn d' .1 r.. don. K you haw MY cormrents regarding "Tees eaLLneba or any at11N aspect of die Collection. MArdng s ggeadma for reducing Mir burdm seed Mem In Me Ad inbbabr. Wage and Hour Division. U.S. Depennenl d Labor, Room S3502, 200 CugSMlon Avenue. N.W. Washington. D.C. 2D210 Date 8/5/2011 Brock Bihm President (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work) 25 day of July 2011 and ending the 31 day of July 2011 all persons empkryed on said project have been pail the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages eamed by any person and that no deductions have been made either directly or Indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations. Pert 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stet. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for tine above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered In a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or If no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed In the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each taborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted in section 4(c) below. (c) EXCEPTIONS 1"07-,TeT^ EXCEPTION (CRAFT) . EXPLANATION Currently Not Eligible for Benefits U.S. Department of Labor PAYROLL WHO Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.govhvhdMorrnshvh347instr.htm) U.S. Wage and Hour Misiob Persona ere not required to respond to the collectim of fnfaml9tion unless It displays a wrrenlly valid OMB control number. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR O ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area Expires: 12/31/2011 PAYROLL NO, FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 11 08/0720111 City of La Porte 11017 - 604 W. Feirtrlont Parkway La Porte, Texas 77571 (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER (ppp2) g 0 € 23 (3) WORK CLASSIFICATION a o 0 (4)DAY AND DATE (5) TOTAL HOURS (a) RATE OF PAY (7) GROSS AMOUNT EARNED DEDUCTIONS (9) NET WAGES PAID FOR WEEK Man Tue Wd lbr Fri Sat Sun flpt b92 evil gOc W5 kitl6 8,0] FICA WRH- HOLDING TAX QIK Halrh laavasoe OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 1 Signature Point Drive Apt#204 League City, Texas 77573 Electrician o V1.667.02 S93.87 $293.24 $150.03 S5.57 $542.71 S1,124.31 a uo .As 5.50 3z.ta 2.32 Good, Cody 7612 4811 Dollar Reef Bey Cliff, Texas 77518 Electrician 0 :S:197.34 5456.98 SO.00 S0.00 SO.00 SO.00 S120.92 S120.92 S336.06 s 1.75 4ao 5.75 26.65 7.67 0 s 0 a 0 s 0 s 0 s 0 a Whie mnpletbn of Farm WHJ47 b wftW, h b mmdatory for mvarad cpntradas end vt bm tradWs pahaffip work m FedareN anmwed a.3.W d c=sm,, brt cantracb fe reaped b the Inforrrtalw mlectim mnWnad in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) mnirenJara and wbmnlreMre pedan t,work m Fadereay tented a,sated wnsatrucdw m "t,te b'kanish weOW a atatartmt wth reaped b Me wages peat eaM a OoM damp the preredbp weak.' U.S. Deparhwd of Leber (DOL) regule9ao at 29 C.F.R. § 5.5(a)(3)(11) requke mntredas to wbdt weeW a Copy of as perogs b be Federal agerwy mntrectig for a fbumdng the mnaWction project, amompeded by a dgmd-Sbtama of Cwvlenm' kafkceep that the Plymes are Correct erd compbb ad Met eat tubas m medwk has been paid Cot boa Man the proper OaN",K n ,re 15 g wage rate for the work paronred. DOL ad federal cmtreeWp agendas =04%; gas kdurmetlen review the bf m don b dete m la that employees have remNad legaN requked wages end hkpe barmf b. Public Burden Statarllart We esdre that Is wel take w average of 55 mtrutes to mmpiets able mhectbn, kKkdkp tre for rev ewNg bptrudbm, searMbg edatg date eau . gaeredng and n1eNleMkp Mo data meded. W4 mnpkttp and wwwhv the mbction of krtanmtlon. d you hew any m is regardry ease esttefes w any atlnr aspect of eis Collection I xt Ing erpgesti" for reducing Mb burden, =W them b Me Adn*JM x, Wage end Hour DMslm, U.S. DepaMbnt of labor, Room S3502, 200 C nsftdon Awnue. N.W. WasMngbn, D.C. 2024 Date 8f5/2011 Brock Bihm President (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area on the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work) 1 day of August 2011 and ending the 7 day of August 2011 all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below. (2) That any payrolls otherwise under this contract required to be submitted for the above period ere correct and complete: that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination Incorporated Into the contract;. that the classifications set forth therein for each taborer or mechanic conform with the work he performed. (3) That any apprentices- employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a Stale, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That (a) WHERE FRINGE. BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as fisted in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each laborer or mechanic rated in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted in section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION Cody Good Currently Not Eligible for Benefits Brock Bihm 1001 OF TIRE 18 AND SECTION 231 OF TITLE U.S. Department of Labor Wage and Hour Division PAYROLL (For Contractor's Optional Use; See Instructions at www.dol.govtwhdtforms/wh3471nstr.htm) Persons are not required to respond to ftle collection of inlametion unless if &sptays a currently valid OMB oontrd nur ben. WHO U.B. Were and'H00r Division Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ❑ ADDRESS 2318 Center Street Suite 110 Deer Park, Texas T7536 OMB No.: 1215-0149 Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area - Expires: 12/31/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 12 08/14/20111 City of La Porte 11017 604 W. Fairmont Parkway La Porte, Texas 77571 n (1) NAME AND INDIVIDUAL IDEN`IFYING NUMBER (e.g, LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER OF WORKER (2) i (3) WORT( CLASSIFICATION m c ' (4)DAY AND DATE (5) TOTAL (a) RATE OF PAY (7) GRO55 AMOUNT EARNED (9) DEDUCTIONS (9) NET WAGES .PAID FOR WEEK Moe rue was — Fri $E[ Sun flM U09 a10 rill &12 LIJ N14 FICA wITN' HOLDING TAX 4pIK Hehk 1tO°f°� OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY Foltz, Stephen 2797 1 Signature Point Drive Apt#204 League City, Texas 77573 Electrician 0 5205.92 1.498.02 $94.32 $254.79 $134.82 $5.57 S479.50 $1,018.52 a 6ao 6.00 32.m 232 Good, Cody 7612 4811 Dollar Reef Bay Cliff, Texas 77518 Electrician o S205.92 5692.30 $0.00 $0.00 $0.00 SO.00 S120.92 S120.92 $571.38 a 6.b 6.00 26.63 z67 0 a -V 0 s O a O 9 6 O a kMM corrplatki of Form WH4117 Is apdona, it Is manaabry ror covered ambxJan and ehEcontracton pabrmbq work on Federaly fl ran—d or assisted coraro#lon comsas b rxQahO b the Momadon collection contained in 29 C.F.R. % 3.3.5.5(a). The CopeleM Ad (40 U.S.C. § 3145) contmc1Cx end suacmtre6tan yerforrinpwork m FederMy armuad m assbbd mnstructlon contmcb M'Iu n sh weekly a •bternenl with respectb then wages peld esdn er npluyee dig Om prerodIng week' U.S. Depvbbra of Labor (DOL) rapulsaom at 29 C.F.R. S 5.5(a)(3)(e) require oontrWaa to submit weekly a copy of A Payrolls b ft Federal agency centractkng for a financing tlm odmbction project, wovnperied by a signed Statwna t of CaryNrKa' khotcabg prat then paymea ere porBLt end aanplata and earl each kbom or madhenk: hell bean Petri not late Dan the Proper Davis-Becon prn'alan9 wage rate for the work palanmd. DOL arM federal contraahhp agendas receMng die Monnatlon review the Into I don b dNmNrm that anPloYeea hive received Ie9aN raquked wages and M^9e bermaa. Pualc Burton sfebnea t We eairmte Nor b wa lake m average d 55 mWAm b mioeb tlis colaraorh. kwirdtrp time ter mlawhp kmtrhAtfom, seadinp e>ristlrq deb whrma, gstlmd^g arnd mdhtahinp tine dale ^aided. and connp etknp ant nMewing tiro ccledion d k*nTedw. 0 you hew arty mmeels W.db Omni estkmbs or any other aspect of this collection. Incibbng aggea0a s for reducing Oft burden, amid than to the Adnirbeibr. Wipe and Hour DNbbn, U.S. DepeMmd of labs. Reim S3502. 200 Camtadbh Avenue. N.W. Washington, D.C. 20210 1 Date 8/19/2011 (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Brock Bihm President (Name of Signatory Party) (Title) m — Each laborer mechanic listed In the above referenced payroll has been paid, as Indicated on are payroa, an amount not less than the sum of the applicable do hereby state: basic hourly wage rate plus the amount of the required fringe benefits as listed In the contract, except as noted In section 4(c) below. (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area (c) EXCEPTIONS on 11he (Contractor Or Subcontractor) EXCEPTION (CRAFT) EXPLANATION City of La Porte Lighting Replacement & RetrO ; that during the payroll period commencing on the (Building or Work) Cody Good Currently Not Eligible for Benefits 8 day of August 2011 and ending the 14 day of August 2011 all persons employed on saki project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of saki Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or Indirectly from the full wages earned by any person, other than permissible deductions as defined In Regulations, Pan 3 (29 C.F.R. Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stan. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below. (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage mites for laborers or mechanics contained therein ere not less than the applicable wage rates contained in any wage determination incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in -the above period are duty registered In a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or If no such recognized agency exists In a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below. Brock Bihm WILLFUL CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE W U.S. Department of Labor PAYROLL H Wage and Hour Division (For Contractor's Optional Use; See Instructions at www.dol.gov/whdMorrns/wh347instr.htm) U.S. Ware and Hour Dhielo0 Persons are not required to respond to the conec0m of inbrnbtion wkew it dap'sys a currently valid OMB cmtrd nwfber. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ❑ ADDRESS 2318 Center Street Suite 110 Deer Park, Texas 77536 OMB No.: 1215-0149 Bihm 8 Greer Enterprises, Inc. DBA Mr Electric of Bay Area, Expires: 12/31/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 13 03252042 City of La Pone 11017 604 W. Fairmont Parkway La Porte, Texas 77571 A (1) NAME AND INDIVIDUAL IDENTIFYING NUMBER (ag.IASTFWRDIGRS OF SOCIAL SECURITY NUMBER OF WORKER (2). i (3) WOW( CLASSIFICATION m `p ' (4)DAY AND DATE (5) TOTAL HOURSOF Is) RATE PAY (7) GROSS AMOUNT EARNED (a) DEDUCTIONS (9) NET WAGES PAID FOR WEEK Noe T. wed Tkw Fri I Sat Sun YI9 3na 3nl 34U 3/17 3n 3a5 FICA WITH. HOLDING TAX i01K HdN law° OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY David Washington 11318 Newton Street •Houston, Texas 77089 Electrician 0 S274.56 $911.75 $51.51 $63.78 SO.00 SO.00 SO.00 SI 15.29 S796.46 s am 8.00 32.00 2.32 David Henry 1105 Jeffery Street Deer Park, Texas 77536 Electrician 0 S274.56 5601.50 $0.00 S0.00 $0.00 SO.00 SO.00 S601.50 a 9.00 8.00 32.00 2.32 0 e 0 a 0 a 0 ' s 0 s 0 —± WMe oornPletlon d Farm WHJ47 Is opllanat. his mar"my Im covered conbclors and ad=r "don paNnttg wak m Fetlerel4,Ibarltetl a eastated oornahudim OwNacb b mapad b Na blornimlion mleclim contalned in 29 G.F.R. §S 3.3. 5.5(a). The CopeNM Ad (40 U.S.C. S 3145) contactor, and subowetredca aerkurnbY'wcrk an Federally flnw cod or asWlatl ccratnxllon =trad5 b'K d h wa" a statement with reaped In the wages peld amh employee Nakq the Preceding weak: U.S. Deparo vent of Labor (DOL) regdatims at 29 C.F.R. § 5.5(a)(3k0) requite ombedda b Submit we" a copy of as payroaa b Ne Fedend agency contracting tar or Mendng the cdubuclbn prated, amunpedad by a signed'Stetement of Cmpanca' indicating that the Parole are coned and C0ff0" and Net each taborer Or maNenic hea been Paid not tees Nan Ne paper Data -Bean Prowling wage rate tar the wok parlarmad. DOL and Isdand ax&acd g agenda, aceh4g tlee inbmetlon review an, Into 1 Wn b doh nnM that employees have received IWaM r Irad wagass and hinge bereft. Public Burden Stabnrrrt We etemte that ta we tab an average Of 55 niaAes b complete this coaec 1 Including dma ha reviewing klshuNona, se arMkg oxWV data w gaNMrg and naMaini g did data waded. and corrpbtag end MvWwbg Ne maodbn of Mametlm. ti you hew any cormanb regerdry these estimates or any aNa aspect d dale coeedbn, btluft aggestba for reducing tlde bidden, sat Oman to the Admktletraw. Wage and Han Dhbbl. U.S. Department d Labor. Roan S7502, 200 Constlbalm Avema. N.W. Washington, D.C. 2D210 _ 1 � Date 3/25/2012 Brock Bihm (Name of Signatory Party) do hereby state: President (Title) (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area an the (Contractor or Subcontractor) City of La Porte Lighting Replacement & Retro ; that during the payroll period commencing on the (Building or Work) 19 day of March 2012 and ending the 25 day of March 2012 all persons employed on said project have been pail the full weekly wages eamed, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 106, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below. (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein am not less than the applicable wage rates contained in any wage determination Incorporated Into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed In the above period are duly registered In a bona floe apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed In the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted In section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH m — Each laborer or mechanic listed in the above referenced payroll has been paid, as Indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted In Section 4(c) below. (c) EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION David Henry Currently Not Eligible for Benefits Brock Bihm `L.1 THE WILLFUL FALSIFICATION OF ANY OF THE AWOE—STATEMENTS ANY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CML OR CRIMINAL PROSECUnON. SEE SECTION taet OF TITLE to AND SECTION 231 OF TITLE Mr Electric Ot Bay Area Hazardous Waste Traclang Log No. of �ea.9a�I a� Name of ` [ECEIVE APR 16 2012 aoosal Date L� fit �telj -1 O- F✓he*j3 -,;L%-2011 6arnertW- -C;Io FYxlaZ >NON-HrizAaDous ❑ LN DISPOSAL— ❑ PNVIRONMENTAL SERVICES. INC. TRAINING' ❑ OIL. SPILL COMROL RESCUE ❑ 1717 W. 13TH STREET, DEER PARK. TX 77536 CHANGE ORDER ❑ 281-930-1200. 800-424-1716 SALE ❑ DAILY TIME / EQUIPMENT REPORT G 44051 1 um.rwwe to NIRREN OEeJWI PI1Y MT! 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Tx 7"0 • 6T7JN, M s/2412011 APR 16 2012 RECEIVING TICKET UNIVERSAL WASTE tl mwEST * 60-110682 * Gamer environmental Services C" C' LaPorte hi', ar c f CIIY 1717 West 13th St 2963 N 23rd St 2349 COVEY- 57 NY ARM If C7 Doer Park, TX 77530 11-aPorts, TX DEFY Pat T -7s3� arneon*tl der. Actud 4�vaa eat.D F W. ,°°°' at ww. awMM, wwatl r.Alm. dbCbK" VBhtiR9 Resources Texas, LLC n��pmmrotnenrna,todab offtImn cwesaty ms .QCt{tltl nOmd. PM100FR FiPlO�4ssa0ss a0oN it 11 ft W0 •'E(El. atl 40 CFR 7D/.1Z(C) III Otl F +PG* (, l �MaOrsMb�eni��Wpme Sas-- .A, Lighting Resources, LLC - The RightDectsfonl 101 E Bowie Street a Fort Worth, TX 76110 a 877-344-8488 ECEOV; APR 16 2w RECEIVING TICKET UNIVERSAL WASTE MANIFEST SHIPMENT DATE PURCHASE ORDER NUMBER 6Y: DOCUMENT Nl1LIBER - 4 8/24/2011 * 60-110682 * Gamer environmental Services City of LaPorte 144 f- 1717 West 13th St 2963 N 23rd St M Deer Park, TX 77536 LaPorte, TX _:: 281-930-1200 Container Car T Wash Common Nam Ouanuty DOT DOT Oescripuw fluwaaowa Lanps 4.n and UV, CouMIW M lkl a Wane Lw" Ndn.DOT Reptlated (pw 49 CFR 173.154) FMpreW W1t Lartpa sa and ww W"11e1 Wafts tamps NmDOT Rewixted (pW 49 CFR 173,184) U-bKXVCk ular Unp, UNvW W WssU lanpf NortDOT R epWled (pW 49 CFR 173.164) C-v= LwnP* U,9vrW Wrote Lamps NdnDOT Rap/aled (per 49 CFR 173.164) IUS DePwbm rlt of TramporlatWn regu- - —la-aonsA6 -- -. AU ". �aaaweD, PacaaW. marked and labeled and are in proper Corlditbn 80=dhV to applicable containers of waste are " described above and are Prastaned to be full, unless Gerwalo, provklw verfeable disclosure of the waetas o8ered for bansPort and deMery, Achal quarldfles will be dehrmhed at the Destination FacUlty. a Name: Date: ' 9-2 uate: Lighting Resources Texas, LLC / a a � � tivad "Mat to the CasukaUens and regulations in aReU on tM dah d dM issue tar tide BIII 0( Lad The O mpeance, ewoapl "noted. Per 10 CFR 273.18(d), 40 CFR 273.38(d), and 40 CFR 264.12 the property described above 13la apparent good order area the Generator. (b) Designated Fadlhy agrees h rxeNe ahitmerlh of Universal waste See Manliest --L & F METALS 1707 RE D BLUFF R6'- 71 '� 4 7 7 PASADENA TX 775ov. F J 01)eralor: I t L)AVIC) A �LLEN WA:'5HINGTON I 166 1741 11318 NFwrON Houarofl.TX 77089 Itert', Tidoat Material I A31157, BALLAST A31158 ALSHEETCAST AS 1159 ALLIM SECONDARY A31 160 COPPER INS X MAS LIGHTS 111111 A I ) MAR 2 6 7017 ITS, I hereby Crifjfylhai I II)e right tc.pV's,; , ess &Sell III_. 1e. F:1*i'-esS'Jbjer,t to Chawle Withoji Notic-:- SignakIfe Of Seller n; Tare NC-1 pal'.- 565. .16 rl:, 10 F. 1 90 30r:o 0 1. 6 0 4.60 .20 60 APR 16 2w L & F Metals 1707 Red Bluff BUS NO (713) 477-6368 PASADENA. Tx. 77506 Date In: 08110/201 1 16:02 Vehicle : WALK Operator:22 Customer:-STEVEN JAMES FOLTZ 29524139 1 SIGNATURE POIND DR LEAGUE CITY,TX 77573 Item Ticket Material 1 0238606 ELECTRIC MOTOR 2 0238607 COPPER INS #2 3 0238608 BALLAST 4 0238609 COPPER THHN 5 0238610 ALUMINUM CAST/SHEET 6 0238611 (FIERRO) SCRAP METAL Scale No. 1 I hereby certify that I have the right to possess & sell the regulated material Prices Subject to Change WithouLN / i Signature of.Seller Gross Tare Net Rate Total 26 0 26 .35 9.10 11 0 11 1.30 14.30 137 0 137 .20 27.40 36 0 36 2.50 90.00 3 0 3 .55 1.65 57 0 57 .08 4.56 i Cf��®n s� APR 16 ?01? t. S, F Metals \101 Red 6Wft 0\1S NO 11\31 4-11-8388 PASADENA. Tx. 7750 Date In: 07272011 10:33 6�Scale No. 1 Vehicle: WALK Operator:22 Customer: STEVEN JAME FOLTZ 29524139 1 SIGNATURE POIND DR LEAGUE CITY.TX 77573 Item Ticket Material Gross Tare Net Rate Total 1 9230360 BALLAST 403 33 $70 .20 74.00 2 9230361 ELECTRIC MOTORS 177 0 177 .35 61.95 :i 9230362 ALUMINUMCASTfSHEET 17 0 17 .60 10.20 4 9230363 ALUMINUM SECONDARY 21 0 21 .40 8.40 5 9230364 ALUM BREKAGE 27 0 27 .15 4.05 6 9230365 COPPERTHHN 43 0 43 3.00 129.00 7 9230366 (FIERRO) SCRAP METAL 1706 884 822 .08 65.76 (1, (1) -3� (J.}.� 2,� 2= - (� 2� p�'® JUL 8 7 2011 PAWnwo I hereby certify that I have the right to possess & sell the regulated material Prices Subject to Change Without Not VAI® / Signature of L & F METALS 1707 RED BLUFF RD BUS(713)477-6368 PASADENA, TX. 77506 Date In: 06/22/2011 10:16 Vehicle: WALK Operator. JF Customer: STEVEN JAMES FOLTZ 29524139 I SIGNATURE POIND DR LEAGUE CITY,TX 77573 Item Ticket Material 1 0111478 SCRAP / FIERRO 2 0111479 SCRAP / FIERRO 3 0111480 SCRAP / FIERRO 4 0111481 BALLAST Scale No. 1 Gross Tare Net Rate Total 1589 884 705 .06 42.30 1448 884 564 .06 33.84 1245 884 361 .06 21.66 412 51 361 .20 72.20 I hereby certify t1 have the right to possess & sell the regulated material Prices Subject Chance lY.otice.' i Signature of Sell 1®O I� } $ F Metals r ,i7 Red Bluff p� NO (713) 477-6368 Z 'SAdENA Tx. 77506 a4e'In; .08, 612011 13:67 Operator: 22 WAYNE BIMM :6933FAIRWOOD 11' LAPORTE.TX77571 11I;T11et j Material G92z,, 3, 0: ALUMINUM SECONDARY g�L 13 1 ,i (HtfkRO) SCRAP METAL 9 r. BALLAST f3O BALLAST BALLAST (02L}}3 5> ALUM BREKAGE i9Z213 6 ALUMINUM CAST/SHEET Scale No. 1 Ci Gross Tare Net Rate Total 177 0 177 .40 70.80 359 0 359 .06 2154 148 0 148 .20 29.60 1059 31 1028 .20 206.60 462 40 412 .20 82.40 37 0 37 .16 5.55 1 0 1 .60 .60 3UN 15 2011 PO at I have the 6PAI Bss & sell the regulated material Change Without Notice. JUN 15 - CITY OF LA PORTE PLANNING DEPARTMENT 604 W. Fairmont Parkway, La Porte, TX 77571 www.laoortetx.gov Phone: (281)471-5020IFax (281)470-5005 April 28, 2011 Mr. Electric of Bay Area 2318 Center Street, Suite 110 Deer Park, Texas 77536 RE: NOTICE TO PROCEED Bid # 11017 Lighting Replacement and Retrofit Dear Mr. Bihm, You are hereby notified to proceed with the above referenced contract on May 2, 2011, and shall fully complete all of the work of said contract within 90 consecutive calendar days thereafter. Sincerely, i;&e Reagan McPhail, Public Improvements Coordinator. Planning Department Change Order # 1 PROJECT: Liehting Replacement. Retrofit and Occupancy DATE OF ISSUANCE: 4/11/11 Sensors City of La Porte OWNER: City of La Porte OWNER'S PROJECT NO. 11017 604 W. Fairmont Parkway LaPorte, Texas 77571 CONTRACTOR: Mr.Electric of Bay Area. 2318 Center Street, Suite 110 Deer Park Texas 77536 You are hereby directed to make the following changes in the Contract Documents: Description: Delete from the Base Bid Items 1, 2, & 3 for a total of S12,729.64. Add to the contract Bid Alternate # 2 in the amount of $27,777.80. Purpose of Change Order: Install new fixtures in lieu of retrofitting existing Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Time . S66,465.08 90 days Previous Change Orders Net Change from Previous Change Orders S-0- -0- Contract Price prior to this Change Order Contract Time prior to the Change Order S66,465.08 90 days Net Increase (Oeaeease) of this Change Order Net Increase (Decrease) of this Change Order S15,048.16 0 days Contract Price with all Approved Change Orders Contract Time with all Approved Change Orders $81,513.24 90 days F:l "lak APPROVED: err_ STANDARD FORM OF AGREEMENT SEALED BID #11017 - LIGHTING REPLACEMENT, RETROFIT AND OCCUPANCY SENSORS r THIS AGREEMENT, made this 11th day of April, 2011, by and between the CITY OF LA PORTE, hereinafter called "Owner', acting herein through its CITY MANAGER and Mr. Electric of Bay Area (Name of Contracting Finn) Strike out inapplicable terms: (a corporation) ) doing business as: Mr. Electric of Bay Area , hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees, with the OWNER to commence and complete the construction described as follows: LIGHTING REPLACEMENT, RETROFIT AND OCCUPANCY SENSORS hereinafter called the project, for the Total Price of elghtvone thousand five hundred thirteen dollars and twertty-four cents ($81 5. 13.24) and all extra work in connection therewith, under the terms as stated in the General and Supplementary -Conditions of the Contract; and; Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the knowledge, materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with: A. The terms and conditions stated in the Bid Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work, Instructions to Bidders, Documents, and Bid Forth. B. The plans, which include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the project within 90 calendar days thereafter. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, in the year and day first above mentioned. SF-1 By: aa:� o Ron Bottoms �on 4e ♦ i City Manager Attes By: City of La Porte Name of Owner SEAL SEAL ;, 4 ":+••"''" VALORIE JUNE WHITLOW Mr. Electric of Bay Area { ;,.Ji, Notary Public, State of Texas My Commission Expires •;; a: i�,;F August 02, 201A Name of C� ding firm Signature of Authorized Person V �res de�'f' witness Title of Authorized Person 2318 Center Street, Suite 110, Deer Park, Texas 77536 &SECO State Energy COnfe,eallen Office Certification. of "Buy American" Procurement t Q RLk I do hereby certify as to the following: 1. Identification of American -made Iron, Steel, and Manufactured Goods: Consistent with the terms of the Owner's bid solicitation and the provisions of ARRA Section 1605 and OMB regulations, Code of Federal Regulations, Volume 2, Part 176, the BidderNendor certifies •;; that this bid/procurement reflects the BidderNendor's best, good faith effort to identify '• domestic sources of Iron, Steel, and Manufactured goods for every component contained in the bid solicitation/procurement where such American -made components are available on the schedule of values and consistent with the deadlines prescribed in or required by the bid solicitation/procurement. 2. Verification of U.S. Production: The. BidderNendor certifies that all components contained in the bid solicitation/procurement that are American —made have been so identified, and if this bid/procurement is accepted, the BidderNendor agrees that it will provide reasonable, sufficient, and timely verification to the Owner of the U.S. production of each component so identified. 3. Documentation Regarding Non -American made Iron, Steel, or Manufactured Goods: The BidderNendor certifies that for any component or components that are not American -made and are so identified in this bid/procurement, the BidderNendor has included in or'attached to this bid/procurement one or both of the following, as applicable: a. Identification of and citation to a categorical waiver published by the U.S. Department of Energy in the Federal Register that is applicable to such component or components, and an analysis that supports its applicability to the component or components. b. Verifiable documentation sufficient to the Owner, as required in the bid solicitation or otherwise, that the BidderNendor has sought to secure American -made components but has determined that such components are not available on the schedule and consistent with the deadlines prescribed in the bid solicitation/procurement. 4. Information and Detailed Justification Regarding Non7American made Iron, Steel, or Manufactured Goods: The BidderNendor certifies that for any such component or components that are not so available, the BidderNendor has,also provided in or attached to this bid/procurement information, Including but not limited 'to the verifiable documentation loft 90SEc® Store Eneigy Comeraflan Office and a full description of the bidder/vendor's efforts to secure any such American -made component or components, that the BldderNendor believes is sufficient to provide and as far as possible constitutes the detailed Justification required for a waiver under section 1605 with respect to such component or components. The BidderNendor further agrees that, if this bid/procurement is accepted, It will assist the Owner in amending, supplementing, or further supporting such Information as required by the Owner to request and, as applicable, 'mptementtheierms-of-awaiver-with-respectto-any-such-component-or-components. &h ,ft% a G.(-ee�- enke.r0r`szs,sr-c 06A Mr Clever c, Ix �re�. Contractor Name (printed or typed) 6 r o c,k 6 i k r-) Name of Authorized Official (printed or typed) PPes�denrt' Title (printed or typed) Sign ure of Authorized Official a- -AT- Date e Sub -recipients may use the following certification to be included in the bid packet and returned by prospective bidders with their bids. " Please maintain this form on file. 4of2 SECO Stimulus I EECBG Reimbursement Procedures Page 2 of 3 • Sample Resolution Documem� - ' • ARRA feecipient Affidavit EECBG Reimbursement Procedures If you are going to bill SECO through Grants or Contracts for goods and services provided, or submit a request for reimbursement please answer the questions below: • `Do -you -ha veca--Texas:P-ayee:Identification-Number? Do you have a Texas Payee Identification Number established through the Comptroller's office or another state agency you are doing business with? If so, you are ready to go and do not need to complete additional forms. •LAre you re gisteredSor_direct-deposi While direct deposit is optional, it is a faster and more efficient way to receive your reimbursement. Expenditures under $5,000 are direct deposited in as little as fourteen (14) days. If you answered "no" to the questions above, please follow the steps below. Getting Started L._O.btain.aaexas-Eayee-Identification Number A Texas Payee Identification Number is required for payee status with the state of Texas. Specifically, to receive reimbursement for Texas energy stimulus program costs if awarded funding, you must obtain a Texas Payee Identification Number. Many governmental entities have an established Payee ID Number. In the case that one is riokestablished, the process for obtaining a Texas Payee Identifiction Number is simple: a. ownload Form - Texas Application For Payee Identification Number (PDF, 172KB) Complete form For assistance in completing this application, please call the State Comptroller's office at (800) 531-5441, ext. 3-3660. The Austin number is (512) 463-3660. c-Return form tT SE'CO Accounting David Schiller, Accountant State Energy Conservation Office Texas Comptroller of Public Accounts LBJ State Office Building I I I East 17th Street, Room 146 Austin, Texas 78774 2-Obtain-Vendor-Direct-Deposit-Authorization. While direct deposit is optional, entities are encouraged to sign up for direct deposit by downloading the Direct Deposit Authorization form. Direct deposits provide access to funds in as little as 14 days for reimbursement under $5,000. Direct deposit setup requires a pre -note (direct deposit test of 50 to banking institution) at the time of setup and takes up to 14 days. Reimbursements submitted within 14 days of direct deposit request may take up to 30 days. a. Download Form - New Setup Direct Deposit / Advance Payment Notification Authorization Form (PDF, 32KB) b. C'om lete-form If you need assistance with the form, call our Texas Direct Deposit Help line at: (512) 936-8138 or (800) 531-5441, ext. 6-8138 cL-Return'form '-FAX- 05-8855 MAIL: Glenn Jennings, Accountant State Energy Conservation Office Texas Comptroller of Public Accounts http://www.seco.epa.state.tx.us/arra/eecbg/guidelines/reimbursement.php 11/17/2009 SECO Stimulus I EECBG Reimbursement Procedures Page 3 of 3 LBJ State Office .,,...ding I I I East 17th Street, Room 801 Austin, TX 78711-3528 Billing SEGO=Stimulus [17Complete the Voucher Information Summary Sheet (VISS) provided during contract execution. L27Attach documentation (such as invoices and receipts) to support all expenditures listed on the VISS. n Submit to SECO Stimulus at: David Schiller Texas Comptroller of Public Accounts State Energy Conservation Office — Stimulus LBJ State Office Building 111 East 17th Street, Room 801 Austin, Texas 78774-0100 (Paymeent-Process annit "Timeline (1,) Invoices under $5,000 will be paid upon approval, approximately 14 days. 2�. Invoices over $5,000 will be paid 30 days after approval, approximately 32 days. . If a payment notification request was made by an entity utilizing direct deposit, a notification will be sent to the entity one (1) business day prior to the posting to the bank. Basic_Guidelines:for_Reimbu rsements fit. Reimbursement can only be made for expenses incurred during the term of the grant, contract or agreement. c2. Reimbursements can only be made for expenses covered in the agreement. 0. Equipment procurements must be pre -approved. Please allow 20 days for approval from the Grant D Coordinator. 4! In -State travel must comply with State of Texas Travel Requirements found at: https:Hfmx.cpa.state.tx.us/fm/travel/travelrates.php 5. Current rates are: o $85 per day for lodging (not including taxes) $36 per day for meals when there is an overnight stay o Actual expenditure for meals on the day of return up to $18 Meals are not reimbursable on day trips L6. Out-of-state travel must be pre -approved by Program Specialist. For questions, please contact a SECO Stimulus Grants Coordinator at: PHONE: (512) 463-7392 E-MAIL: secostimulus@cpa.state.tx.us Required Plug-in [Adobe@ Reader@] http://www.seco.cpa.state.tx.us/arra/eecbg/guidelines/reimbursement.php 11/17/2009 For CPA Internal Use Only [/ Invoice # Funds Available VOUCHER INFORMATION SUMMARY SHEET Contractor must FULLY COMPLETE, sign and submit this form with each claim. Request # 2 (1, 2, 3, etc.) PROGRAM: ❑ SEP XI EECBG ❑ EA ❑ SEEARP SUB -RECIPIENT C CONTRACT NUMBER S r CLS 0750 VENDOR I.D. # (14 digits) 7416001552- (Circle One) GRANT: ❑ Stephanie ❑ Mary -Jo ❑ Patricia fiKJennifer ❑ Margaret ❑ Pamela ❑ Eddy ❑ Venita COORDINATOR Jones Woodall Galvan Dear Garcia Groce Trevino Porter ❑ Korry Castillo ❑ Roger Mulder ❑ Other �/ PERIOD COVERED BY CLAIM From / ZO Thru 20/L TOTAL AMOUNT OF THIS CLAIM $ ��► �� ITEMIZATION OF THIS CLAIM BY CONTRACT BUDGET CATEGORY Use only budget categories from the contract (e.g., Attachment A for SEP or Attachment G for EECBG). 01 Professional Services $ 02 Salaries $ 03 Benefits $ 04 Personnel $ 05 Travel $ 06 Supplies & Materials $ 07 Subcontract (including Energy Audits) $ 08 Equipment $ 09 Other Direct Operating Expenses $ 10 Indirect Costs $ 11 Sub -Recipient Provided Match $ 12 Engineering Services $ 13 Loans $ 14 EECBG Administration not to exceed 7% $ Buy American The undersigned certifies that the sub -recipient has received and is maintaining the documentation from each supplier and/or contractor being paid through this payment request; that all iron, steel, and manufactured goods used by the supplier and/or contractor in this project complies with the ARRA 2009 Buy American provisions and requirements, or has been categorically waived by DOE (pleas tta a copy of the waiver). ?. �Clho.l1 � O �Z '( Cod e Signature: Date By: (Print Name) CERTIFICATION OF CLAIM: BY SUB-RECIPEINT (signature / 1 &.el*lIg7�'o✓�M�Il7�S r�/IX�Za✓ TITLE: Accounting Contact I—V"N !- Contact Email 7r Oil Contact Phone % ISS.DS.05117/2011 Dub Taylor, Program Director APPLICATION AND CERTIFICATE FOR PAYMENT TO (OWNER): City of La Porte 604 W Fairmont Parkway La Porte, Texas 77571 FROM (CONTRACTOR): Mr Electric of Bay Area Vendor # 434636 2318 Center Street Suite 110 PROJECT: Invoice #: City of La Porte Lighting Replacement and Retrofit Project 11017 Jennie Riley Center 604 W Fairmont Parkway La Porte, Texas 77571 Deer Park, Texas 77536 CONTRACT FOR: Lighting Replacement and Retrofit Project 11017 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orders approved in Previous mond, by Owner TOTAL ADDITIONS DEDUCTIONS 0.00 Approved this month Number Daft Approved 0 SEE ATTACHED SCHEDULE TOTALS 0.00 0.00 Net change by Change Orders s0.00 The undersigned Contractor certifies that to the hest of the Contractor's knowledge, information and be0ef the Work Covered by this Apprication for Payment has been completed in accordance with the Contract Documents, that 30 amounts have been paid by the Contractor for Work for which Previous Certificates for Payment were issued and payments received from the Owner, and that curtent payment shown herein is now due. PERIOD TO: PURCHASE ORDER: APP1kedon b made for Payment as shown belon. In oonnedon wi0r the Contrail. 1079723-1 02132012 P12027 1.ORIGINAL CONTRACT SUM 6,101.04 2. Net change by Change Orders 0.00 & CONTRACT SUM TO DATE (Line 1a2) 6,101.04 4. TOTAL COMPLETED & STORED TO DATE 5,254.00 S. RETAINAGE: a. Of cdrnpreced work b. s% of sawed Material 262.70 Total Retainage 262.70 & TOTAL EARNED LESS RETAINAGE 4.991.30 r (line 4 less Line 6 Tom 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 0.00 Nne 6 Prom prior CerEMze) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, PLUS RETAINAGE (Una 3less Une 6) 10. PAYMENT DUE DAYS UPON RECEIPT r a / -AEROR k-1-1 vrS-' n7-705-�?iDo DATE: Z 6 4,991.30 1,109.74 PURCHASE ORDER PUACAABE a o CITY OF LA PORTS ORDER NO. 604 WEST FAIRMONT PARKWAY P12027 ATTN: ACCOUNTS PAYABLE LA PORTE, TX 77371 VENDOR PH.ONG: (713)477_1770 DATE: 12292011 VENDOR FAX; (713)477.1796 VENDOR N: 434636 VENDOR ADDRESS: MR ELECTRIC OF THE BAY AREA SBIPTO: PLANNINO 2018 CENTER STREET PLANNINO SUITE 110 604 W. FAI RMONT PARKWAY DEER PARK, TX 77506 LA FORTE, TX 77571 I 054.00 / INSTALL LIGHTS AT "ANNIE RILEY CENTER gp 1.0000 7,854.00 9999 FRI INCLUDED Send Original and Out Copy of ❑waits m: CITY OF LA FORTE ACCOUNTS PAYABLE 604 W FAMMONT PKW Y LA PORTZ, TX 17571 AUT OMEDSIONATURE c.00,- 4,:0 PRgo 1 of 1 4Ro ELECTRICO `. EXPERT ELECTRICAL SERVICE 2/13/2012 City of LaPorte Ligh*V Reptecemerd and Retrofd Pooject 11017 Quantity Dobm Stored This Period Installed Previous Perods Total Installed To Date Tlds Period Due Previous Periods Due Tote, Due To Date 20 0 0 5254.00 0.00 5254.00 $ 5.254.00 2318 Center Street Suite 110 Deer park, TX 77536 713-477-1770 Phone • 173477-17786 fax www.MrElectric.com 6ra ELECTRIC° EXPERT ELECTRICAL SERVICE 9-27-2011 City of La Porte Reagan McPhail, Mr. Electric proposes to perform the following scope of work per request to replace and/or retrofit fixtures at locations listed below: Rec Center Gym Up -Lights • Demo existing up -lights • Supply and Install (20) - 8' (4)Lamp T-5 fixtures • Lift or rolling scaffolding required Total - $10,170.00 Rer renter Racket ball Lights • Retrofit (14) existing 2x2 Metal Halide fixtures to T-5 • Rolling Scaffolding required Total - $7,430.00 =:Jenni`eiRihev`tCn1322lNr4thrSty. � • Demo (20) existing metal halide fixtures • Supply and install (20) 4ft 41amp T-5 fixtures with plug heads to match existing connection Total - ' $7;8y4VON, c: TH an priced In accordance with current pricing levels. Therefore it Is subject to adjuslmenticanceaatlon if written authorization is not received within 45 days. This proposal is based solely on usual cost elements, i.e. labor, material and normal mockups, and does not Include any amount for changes in sequence of we*, delays, disruptions, lost productivity, rescheduling, extended overhead, acceleration or any Increased cost of performing any unchanged portions of the work, Jahn for which Is spedOcally reserved. Mr. Electric looks forward to working with you on tills project Please call if you have any questions. Thanks, Brock Bihm President of Mr. Electric 2818 Center Street, Suite 110 Deer Park, Tx 77588 713-477-1770 phone 9 718.477-1786 fax www.MrElectric.com APPLICATION AND CERTIFICATE FOR PAYMENT TO (OWNER): City of La Porte 604 W Fairmont Parkway La Porte, Texas 77571 FROM (CONTRACTOR): Mr Electric of Bay Area Vendor# 434636 2318 Center Street Suite 110 PROJECT: Invoice #: City of La Porte Lighting Replacement and Retrofit Project 1 Jennie Riley Center 604 W Fairmont Parkway La Porte, Texas 77571 Deer Park, Texas 77536 CONTRACT FOR: Lighting Replacement and Retrofit Project 11017 PERIOD TO: �%FrR 1 :: 2012 PURCHASE ORDER: 29-Mar-12 P12027 D j Pad CONTRACTOR'S APPLICATION FOR PAYMENT AppficationismadeforPaynunt,assh�celo,,in�monmiththeConfta I CHANGE ORDER SUMMARY Charge Orders approved in previan months by Owrer TOTAL ADDITIONS DEDUCTIONS 0.00 Appoved this month Number Date Approved 0 SEEATTACHED SCHEDULE TOTALS 0.00 0.00 Net dran90 by Change Orders $0.00 The undersigned Contractor certifies that to the best of the Contractors knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. ^� of 1.ORIGINAL CONTRACT SUM �QW D t rL9;O 2. Net change by Change Orders # &' 3. CONTRACT SUM TO DATE (Une 1t2) r 7.854-00 4. TOTAL COMPLETED 8 STORED TO DATE 5. RETAINAGE: a. t00% of completed work b. 100% of Sexed Material Total Retainage 6. TOTAL EARNED LESS RETAINAGE (Lire 4less we s TotA 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Cef f cale) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, PLUS RETAINAGE (Une3lem Une 6) 10. PAYMENT DUE DAYS UPON RECEIPT r��%L�� 7.854.00 t t7( 7,854.00 4.991.30 ,862.70 �L 0.00 DATE: '/ /Z ■t■ Rs ELECTRIC® EXPERT ELECTRICAL SERVICE 03/29/2012 City of La Porte Lighting Replacement and Retrofit Project 11017 Quantity Dollars Stored This Period Installed Previous Periods Total Installed To Date This Period Due Previous Periods Due Total Due To Date Item No. Description of Work ON. Unft I Unit Price Value 1 Jennie Rile — 322ON 4°i Sbvet 2 418m T-5 Farturas with PIW heads to math 20 Each S305.05 $6,101.04 20 0 0 $6 101.04 3 Demo exishng and lnsW new 41a T-5 Fatures with pfug head M match 20 Eat S87.64 $1.752.96 20 $1,75296 $1.752.96 $ 7854.00 $ 1,752.95 2318 Center Street Suite 110 Deer Park, TX 77536 713-477-1770 phone • 173-477-17786 fax www.MrElacbc.com U.S. Department of Labor PAYROLL Wage and Hour DivLsiOn (For Contractor's Optional Use; See Instructions at www.dol.govt whdlfonnstwh347irtstr.htm)affin PersonaeranotmquW dtorosPondmftodfacdonolinlamadon enie Ndrsp*saauw*ya8d PMBcormdnuMer. Rev. Dec. 2008 NAME OF CONTRACTOR m OR SUBCONTRACTOR ADDRESS 2318 Center Street Suite 110 Deer Park, Terms 77536 OMB No.: 1215-0149 Blhm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area Expires: 12131/2011 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. 13 03252012 City of La Porte 11017 604 W. Faimlont Parkwav La Porte. Texas 77571 A (+) NAME AND WDMDUAL X)ENfIFYpJG NUMBER (.Q. LAST FOUR DIGITS OF SOCIAL SECURITY NUMB OF WORKER m i m WORK CLASSIFICATION m o t (4)MY AND DATE (5) I TOTAL (B) RATE OF PAY (7I GROSS AMOUNT EARNED R) D®ucnows (9) Net WAS PAID FOR WEEK aem Tore wd Tev FriSat S= mg arm MI = ]n) Jn4 3w FICA wmw HOLDING TAX 401X Heft Ins OTHER TOTAL DEDUCTIONS HOURS WORKED EACH DAY %avid Washington 1318 Newton Street Holston, Texas 77089 ELEC0716-002 o S274.56 S911.75 S51.51 563.78 $0.00 $0,00 50.00 511529 5796.46 a am 8.00 31ao Z32 David Henry 1105 Jeffery Sheet Deer Park, Texas T7536 ELE00716-M o S274.56 5601.50 SO.00 SO.00 SO.00 SO.00 SO.00 S601.50 a Am 8.00 3zX 23z 0 s 0 z s I I I I 0 s 0 a 0 s 0 s wMa cot Ww d Form WHJt7 Is cotlon.L It Is "w y bcolwttad contranots and auboxtrxexataabnNnp wu+k on FedtXay Mvxedaaesbbd 11,3W 0pn eanbacbbrmpoMbthe Idommtlon edbdbn aanahad h29 CFA S 3A 5b(a). Tm COPanne as (aO USO.$3145)onmadns arM Mmneaaaa padominp wdk dl FeaataHtnnmaorabbmd aoratrtdc000ncZrb b'hmtM wseldyaatebrnanlSUM wspadbNe wapm Pdd eeM emplayaa duN+9 the Nereda4waeLL' U.S. Dewmmtal Laborpol.) repAlft" 29C.FR.65.5(0)(3XE)MWLeeamaebta b abnawacky I copy Ofe Paymb b orb Federal 89MMY mnbaceg(Or w Oiwrdtg am cuutruam vakd. aawvwwd by a stmd'SSbm dConcrnce'adfmdttp settle parpors me coned and W-%r rdi "Ch Iabaror a m avic hm sent Paid not Ism dm the mw Omiaeamn Pmwnnp wepe tab far the w*h Pnbmtad. DOL end%detd mnbadYB a9codeltaOdY4q ddtbxamutbn taus orb adtanatlan b deaamba du1 m Ioy'em haw moeNad bpalb reaubed wapm nN fib"buaft PubOc Burden Sttlement We ewC ow is wD take w awrepa of 55 naanm b cotnMeb ede coaeglnn, katu ft tha IN mvw*g YetruWOm. Ialtd*v amnq data maxa, paawbp aid nebdah" orb data mede0, and cornokirtB and revkwlnp me reoacaan d Infntmibn ryw hive NY mtrwft mg"kp""eentItt"a W7 Othn mpead us cotlacum htdudby w9gavnfm ra*x4 this Haden sand themb the Adrrkrk br. Wape and NounDWIvn.U.S. DepaMlentdLabw, Raan S35022000xnewtlon Awnte.N.W. ~&M .D.C. 20210 ("o Date 3/2512012 Brock Bihm President (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area an Me (contractor or SLbcontractor City of La Porte Lighting Replacement & Retro ; that during the payroll period ootrmenOing on the (Budding or Work) 19 day of March 2012 and ending the 25 day of March 2012 all persons employed on said project have been paid the full weeldy wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said Bihm & Greer Enterprises, Inc. DBA Mr Electric of Bay Area from the full (Contractor or Subcontractor) weeldy wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by arty person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), Issued by the Secretary of tabor under the Copeland Ad, as amended (48 Start. 948, 63 Start 108, 72 Stab 967; 76 Stab 357; 40 U.S.C. § 3145), and described below. ' (2) That any payrolls otherwise under this contract required to be submitted for the above period are *ffw and co nplete; that the wage rates for laborers or mechanics contained therein are not law than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed In the above period are duty registered in a bona fide apprenticeship program registered with a State apprenticeship agency mwgnized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency eldsts in a State, are registered with the Bureau of Apprenticeship and Training, United Sates Deparhnera of Labor. (4) That (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS — in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or vet be made to appropriate programs for the benefit of such employees, except as noted In section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH ❑ — Each laborer or mechanic Lsted in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amamt of the required fringe benefits as listed in the oont wL except as noted in section 4(c) below. (c) EXCEPTIONS D(CEPTION (CRAFT) a_y David Henry Currently Not Eligible for Benefits REMARI6: NAME AND TTTE Brock Bihm THE WILLFUL FALSFICATION OF ANY OF 1HE ATT]AFNTS IMV SVSJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CFUMW PROSECUTION. SEE 3EC710N tbbt OF 7771.E 1a AND SECTION 231 OF TRLE 31 OF THE UNrrED STATES CODE 0.00 G� 4,991.30*+ 2,862.70 + 77854.00 ,- S L��Lrc. 1Q�L Mkt !'�® �(d H 306 Xva-" �IAO%L OVSECO rule fnupyconrervNlen0lpu Certification of "Buy American" Procurement Name I do hereby certify as to the following: Oc,c ,;s- pcV\C�k Ze r1 1. Identification of American -made Iron, Steel, and Manufactured Goods: Consistent with the terms of the Owner's bid solicitation and the provisions of ARRA Section 1605 and OMB regulations, Code of Federal Regulations, Volume 2, Parl 176, the BldderNendor certifies that this bid/procurement reflects the BldderNendor's best, good faith effort to Identify domestic sources of Iron, Steel, and Manufactured goods for every component contained in the bid solicltallon/procurement where such Amerleen-made components are available on the schedule of values and consistent with the deadlines prescribed in or required by the bid solicitation/procurement. 2. Verification of U.S. Production: The.BldderNendor certifies that all components contained In the bid solicitation/procurement that are American -made have been so Identified, and If this bid/procurement Is accepted, the BldderNendor agrees that It will provide reasonable, sufficient, and timely verification to the Owner of the U.S. production of each component so Identifgd. 3, Documentation Regarding Non -American made Iron, Steel, or Manufactured Goods: The BldderNendor certifies that for any component or components that are not American -made and are so Identified In this bid/procurement, the BldderNendor has Included In or"attached to this bid/procurement one or both of the following, as applicable: a. Identification of and citation to a categorical waiver published by the U.S. Department of Energy In the Federal Register that Is applicable to such component or components, and an analysis that supports Ito applicability to the component or components. b. Verifiable documentation sufficient to the Owner, as required In the bid solicitation or otherwise, that the BldderNendor has sought to secure American -made components but has determined that such components are not available on the schedule and consistent with the deadlines prescribed in the bid solicitation/procurement. 4. Information and Detailed Justification Regarding Non -American made Iron, Steel, or Manufactured Goods: The BldderNendor certifies that for any such component or components that are not so available, the BldderNendor has also provided In or attached to this bid/procurement information, Including but not limited to the verifiable documentation loft 100SEco State Witty coet"VA ton0160 and a full description of the bldder/vendor's efforts to secure any such American -made component or components, that the BldderNendor believes is sufficient to provide and as for as possible constitutes the detailed Justification required for a waiver under section 1605 with respect to such component or components. The BldderNendor further agrees that, If this bid/procurement Is accepted, it will assist the Owner In amending, supplementing, or further supporting such Information as required by the Owner to request and, as applicable, ............ .........._Implement.the.terms.of.a..walver.with. respect.to.any_such..component..or_components.......... . ............. Crl`eex' En're r0rtses,.rtic. 06A !hrCle r�r� l r-xl�re�. Contractor Name (printed or typed) br6('L �>i % W1 Name of Authorized Official (printed or typed) pre s � d enr Title (printed or typed) S r re of Authorized -Official Date " Sub-reclplents may use the following certification to be included In the bid packet and returned by prospective bidders with their bids. "• Please maintain this form on file. 2of2 HOW TO PROPERLY SUBMIT PAYMENT REQUESTS We are excited that you are participating in one or more of the programs the State Energy Conservation Office (SECO) is administering as a result of the American Recovery and Reinvestment Act (ARRA) and the U.S. Department of Energy (DOE). The ultimate goal of these programs is to stimulate the economy, create jobs and conserve energy through energy efficiency and renewable energy efforts. SECO wants to ensure projects begin and funds are spent as quickly as possible in order to meet the goals of ARRA and DOE. Please follow proper reimbursement procedures to ensure quick payment. Detailed information on all reimbursement procedures may be viewed on the SECO Stimulus website at httD://www.seco.cr)a.state.tx.us/arra/Ruideli nes/reimbursement.i)hi). Below are some helpful hints on how to submit your payment requests so you can receive your payments promptly. When to Submit Payment Requests • Submit payment requests as frequently as possible. You do not have to wait until your project is complete or for the end of the month to submit payment requests. • Payment requests should be either emailed or faxed to: Comptroller of Public Accounts Budget and Internal Accounting Division Accounts Payable secoinvoices0coa.state.tx.us Fax: (512) 936-9227 What Must be Included with Payment Requests Accuracy is important in order to receive prompt payment. Payment requests must be accompanied by the following or the request will may be denied or delayed: Voucher Information Summary Sheet (VISS). The current VISS form located at htto://Yr".seco.coa.state.tx.us/arra/docsNISS Form.odf (revised on 9/17/2010). The form must be filled ou�t'n its entirety including: r Sub -recipient Name: This is the name of the governmental entity receiving the grant. (yContract or Loan Number: This starts with CS or CLS. If you do not have your contract or loan number please contact your SECO Grant Coordinator. tp,Vendor ID Number: The Vendor I.D. number, also called the Texas Identification Number (TIN), must be provided on the VISS form and is required to bill and receive reimbursements. Entities that have received a payment or warrant from the State of Texas in the past have an existing Texas Identification Number. If an entity is submitting a voucher to the State for the first time, prior to submittal the entity must complete an application form requesting a Texas Identification Number. This form may be downloaded at htto://www.window.state.tx.us/taxinfo/taxforms/ao- 152.odf. For assistance completing the application for a TIN, please call the State Comptroller's Office at (800) 531-5441, ext., 33660, toll free nationwide; in Austin the number is (512) 463- 3660. LooOIECO Stimulus Grants Coordinator Name r/Period Covered by the Claim Total Amount of Claim ;",itemization of Claim by Contract Budget Categories: These are the budget categories approved in your executed contract. d Buy American Certification: The Buy American certification on the VISS form must be signed and dated the sub -recipient. • Vendor Certification of Buy American Procurement: Your vendor must certify that products purchased were manufactured in the United States. The vendor certification form is located at: htto://www.seco.coa.state.tx.us/arra/docs/Buy American Certification. rid f. Calculator Tape: Showing the expenses with total amount being claimed. • Itemized Invoices: Invoices must be clearly itemized, clearly show amounts being paid and be on company/vendor letterhead. • Receipts and Other Backup Documentation: Receipts and other backup documentation must be attached to the payment request at the time of submission. Le/Davis-Bacon and Related Acts (DBRA): Sub -Recipients and their controctors must comply with the Davis Bocon and Related Acts IDBRAI as prescribed under ARRAL Including payroll provisions If your project falls under DBRA, payroll documentation must be received weekly. Invoices will not be processed unless this payroll documentation is received. The Department of Labors WH-347 form used for documenting payroll may be located at: htto•//www.dol.gov/whd/forms/wh347.i)df. Please note the link to the Instructions for the WH-347 is on the top of the form. More information about DBRA compliance is located at: http•//www seco cpa state tx us/arra/guidelines/index ohp#provisions. National Historic Preservation Act (NHPA): Sub -recipients most comply with Section 105 of the NHPA as prescribed byARRA. If applicable, please include documentation that a Section 106 Consultation occurred with the State Historic Preservation Office (SHPO) which is the Texas Historic Commission (THC) in Texas OR if your project was exempt from such review. More information on compliance with NHPA is located at the following website: htti)://www.seco.coa.state.tx.us/arra/docs/THC Memorandum.pdf . For a list of projects that maybe exempt, please refer to the following website: http://www.seco.cpa.state.tx.us/arra/docs/THC ConsultationList.pdf. Mr Electric Of Bay Area HAZARDOUS MATERIALS AND WASTE MANAGEMENT PLAN Waste Management Plan HAZARDOUS MATERIALS AND WASTE MANAGEMENT,PLAN MR ELECTRIC OF BAY AREA HAZARDOUS MATERIALS AND WASTE MANAGEMENT PLAN 2011 INTRODUCTION Mr. Electric of Bay Area offers residential and commercial repair services to the surrounding community. The purpose of Mr. Electric of Bay Area's Hazardous Materials and Waste Management Plan is to provide the framework for a comprehensive organized Hazardous Materials and Waste Management Program. I. Policy A. Mr. Electric of Bay Area has final, legal and moral authority and responsibility for the assurance of a comprehensive, flexible, integrated hazard waste management program. The Administrative body is responsible for providing financial support necessary for the specific services, equipment and personnel required to maintain the hazardous waste management program. The Administrative body delegates authority and accountability for the management of the hazard waste management program to the President of Mr. Electric of Bay Area B. Mr. Electric of Bay Area shall comply with all current occupational, health, safety and environmental laws and develop the most appropriate operations, procedures and policies to provide such conditions. II. Purpose/Goal A. To establish and maintain a program that will safely control, monitor and document an effective ongoing program for hazardous material and waste. B. To comply with established standards as set forth by regulatory agencies. C. To ensure that there is minimal risk to employees, customers, and the community environment within the confines of Mr. Electric of Bay Area and all customers. III. Structure and Responsibility A. The President of Mr. Electric of Bay Area's responsibilities are to design, implement, measure, and evaluate the effectiveness of the Hazardous Materials and Waste Management Program. HAZARDOUS MATERIALS AND WASTE MANAGEMENT PLAN MR ELECTRIC OF BAY AREA B. President of Mr. Electric of Bay Area's responsibilities: a. Ensure minimal risk to employees and customers related to hazardous materials and waste; b. Develop, implement, and revise as necessary policies and procedures to manage the program; c. Review and investigate hazardous materials and waste, spills and exposures, and other incidents; d. Develop a comprehensive Orientation and Education Program for all employees related to the safe handling, use, and disposal of hazardous materials and waste; e. Review and evaluate all reports related to inspection and surveillance of the Hazardous Materials and Waste Program; f. Develop, implement, and revise a system that addresses the identification of hazardous waste and materials from the point of entry/exit into the customers' property to the point of final disposal; i. Develop, implement, and revise a system for managing, storing, handling and using hazardous material or waste safely after identification; IV. Procedure A. Fluorescent and Other Mercury — Containing Lamps Various types of lamps (ie fluorescent, mercury vapor, neon, high-pressure sodium, high - intensity discharge (HID), and metal halide) contain small quantities of mercury and other metals (ie. Lead in glass) making these items hazardous when disposed improperly. All mercury -containing lamps must be handled as follows. a. Spent Lamps (Unbroken) 1. Collect all spent lamps and store in boxes. If not available, contact the designated hauler for additional boxes. 2. Enter the information into the "Hazardous Waste Tracking Log" and ensure the waste is shipped off -site. 3. Prior to shipment, each container or package in which the lamps are contained must be labeled or marked clearly 4. All spent lamps must be sent for recycling with the designated hauler, Gamer Environmental. 5. Do not throw lamps in regular trash. b. Spent Lamps (Accidentally Broken) HAZARDOUS MATERIALS AND WASTE MANAGEMENT PLAN MR ELECTRIC OF BAY AREA 1. Should a lamp accidentally break, make sure employees clean-up all debris into a 5-gallon, DOT approved plastic container with lid. Under no circumstances should lamps be intentionally broken. 2. Employees should wear leather gloves and safety glasses to prevent injuries. 3. Label each container with a the following phrase "Broken" 4. Place the labeled pail next to the containers of unbroken lamps and manage as noted,above for unbroken lamps. 5. Do not throw lamps in regular trash. c. Mercury Thermostats Mercury thermostats include any "temperature control device that contains mercury in an ampoule attached to a bimetal sensing element, and mercury containing ampoules that have been removed from these devices." ,Handling, Storage, and Disposal Procedures: 1. Remove the ampoule in a manner to avoid breakage. 2. Remove ampoules over a containment device or container to collect any mercury released in case of breakage. 3. Utilize a mercury, clean up kit in the event of a release. 4. Place ampoules in a compatible container (i.e., 5-gallon plastic containers with lids), labeled with the phrase: "Garner Environmental - Mercury Thermostats" 5. Enter the information into the "Hazardous Waste Tracking Log" and ensure the waste is shipped off -site. 6. Place packing material (e.g., speedi-dry, bubble pack) to prevent breakage during storage, handling, or transport. 7. When containers are full, place in the hazardous waste accumulation area storage prior to transport with the designated hauler. 8. Ensure employees are informed on proper handling and emergency procedures. 9. If breakage should occur, the mercury waste/debris must be -handled as a egulated hazardous. V. Hazard Control Chemical Waste: Almost any chemical can prove hazardous if it is used improperly in the workplace. For this reason, it is important to identify those materials that may present potential hazards in the workplace and assure the employees and customers are properly protected. A number of control methods are available to reduce the hazards involved in working with toxic substances. Some of these include: 1. Substitution of a material that is hazardous to health for one which is less harmful; 2. Change or alteration of process to minimize worker contract; 3. Isolation or enclosure of a process or work operation HAZARDOUS MATERIALS AND WASTE MANAGEMENT PLAN MR ELECTRIC OF BAY AREA 4. Wet methods to reduce generation of dust; 5. Local exhaust at the point of generation of dust; 6. General ventilation with clean air dilution to provide a safe work environment; 7. Personal protective devices such as clothing, eye, and respiratory protection; 8. Good housekeeping, including cleanliness of the workplace, waste disposal, adequate washing and eating facilities and proper storage, and 9. Training and education to assure engineering controls operate effectively and proper work practices are utilized. VI. Hazardous Waste Treatment and Disposal Mr. Electric of Bay Area will still be required to obtain a regulated waste manifest due to processes utilized to treat biohazardous waste. VIL Management of Hazardous Waste Classification of Hazardous and General Waste: 1. Hazardous Waste: A material no longer in use that is considered to represent a threat to human life or health. 2. Chemical Waste: Any chemical that is toxic, flammable, corrosive, reactive, or extraction procedure toxic. 3. Physically Hazardous Waste: Any used objects capable of puncturing or lacerating the skin 4. General Waste: Waste products not classified as hazardous and which are considered innocuous. Disposal Methods for Hazardous Waste: 1. Hazardous waste generated within this company is appropriately disposed of, utilizing one of the following methods: a. Evaporation b. Returned to provider c. Disposed of by an EPA registered and approved contractor VIII. Reporting and Investigating Incidents of Hazardous Materials A. Reporting Hazardous Materials/Waste Incidents: Reporting a hazardous materials or waste incident is accomplished by: 1. Occurrence Reporting: All incidents involving a hazardous material and/or waste spill or exposure are reported to the immediate supervisor or President or Mr Electric of Bay Area. B. Investigation: The President or Hazardous Materials Team Leader will conduct an investigation of all incidents involving a hazardous materials and/or waste spill or exposure. The purpose of the investigation will be to: HAZARDOUS MATERIALS AND WASTE MANAGEMENT PLAN MR ELECTRIC OF BAY AREA 1. Determine the causal factors of the incident; and 2. Identify opportunities to prevent future occurrences of the incident. C. A report of the findings of the investigation will be forwarded to the President for review and action. Recommendations will be made to appropriate, to implement a corrective action plan in order to resolve any problems identified during the investigation *and to prevent further occurrences of the incident. VM. Evaluation The Management Plan for the Hazardous Materials and Communication Program will be evaluated annually. h rresiaem uace 0 Mr Electric Of Bay Area Hazardous Waste Tracking Log '®I wl.:.. �. O City of La Porte Accounts Payable Check Requisition Vendor #: Due Date Vendor Name: Mr. Electric of the Bay Area 2318 Center St., Ste. 110 Pasadena, TX 77502 You are reggired to attach receipts with all check requisff ho—ns-- Description: Retainage Final Payment for Lighting Replacement and Retrofit Project (SECO Grant) Account # Project # Invoice # Commodity Code Date Amount $$ 015-0000-223-0000 GEN-708 107863-3 8-25-11 $8,271.21 Total Amount Due: $ $8,271.21 Remarks; Prepared By: Date: 9-6-11 Peggy Lee AP o Date: Revised 8/15/97 TOI(OWNER): PROJECT: Invoice M 107863.3 City 01'1-3 Ponc City of La Porte Lighting Replacement and Retrofit Project 11017 604 W Fairmont Parkway 604 W Fatnmonl Parkway La Portia, Texas 77571 La Porte, Texas 77571 PERIOD TO: 2SAug-11 FROM (CONTRACTOR): Mr Electric of Bay Area Vendor C 434636 2318 Center Street Suite 110 Deer Park. Texas T7536 PURCHASE ORDER: CP1119 CONTRACT FOR: lighting Replacement and Retrofit Project 11017 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Chores Order, approved in previous rnonlhs by Owner TOTAL ADDITIONS 1,1,8 8E DEDUCTIONS 0.r4) Approved this month Nranbm Deb Approved 0 SEE ATTACHED SCHEDULE TOTALS I, t58 86 000 Not Chat" by Change Ordms $1, I`N7 8f The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been peld.by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONT �O�,:!� - Date: 8/2512011 to APPI61wn is made for Payment as ahmwl below. In 0MVICtion with the Cmtrecl. 1. ORIGINAL CONTRACT SUM 81,513.24 2. Net change by Change Orders 1.198.86 3. CONTRACT SUM TO DATE (Une 1.2) 82.712.10 4. TOTAL COMPLETED & STORED TO DATE t:2.712.10 5. RETAINAGE: a. of CGoVI&W Work b. at Steed Material Total Retainage 6. TOTAL EARNED LESS RETAINAGE 82,712.10 (Line 4 leu Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT 74 44U H9 (Lim 61rom prior Ci"Ikele) 8. CURRENT PAYMENT DUE 8.271.21 9. BALANCE TO FINISH, PLUS RETAINAGE (Line 0loss Une 6) 10. PAYMENT DUE DAYS UPON RECEIPT DATE: �� 0.00 SECO Stimulus Reporting - Confirmation: You Have Filed Successfully Page 1 of 22 SECO Stimulus Reporting_ Your session expires In: 29 41 mans secs Confirmation: You Have Filed Successfully Confirmation Number: 4006959953150 Date and Time of Filing: 01/28/2011 02:58:54 PM Logged in as: Reagan McPhail This report has been finalized. Contract CS0750 : for, Energy Eff & Cons Block Grants Report for January 2011 Did you make payments to vendors for the purchase of services or goods during this reporting month?: No Number of Educational Buildings retrofitted: 0 Sq. Footage of Public space retrofitted: 0 Number of energy efficient HVAC units purchased -Public: 1 Number of energy tracking software packages purchased: 0 Number of energy efficient IT systems or software packages purchased: 0 Number of energy efficient pieces of office equiment purchased: 0 I What funds, if any, have been leveraged? Utility Incentive (enter whole dollars only): 0 State Funds (enter whole dollars only): 0 Local Funds (enter whole dollars only): 9240 Square footage of buildings under management, Public: 0 Private (enter whole dollars only): 0 Other Federal (enter whole dollars only): 8636. In -kind (enter whole dollars only): 0 Other (enter whole dollars only): 0 Number of Energy Management Systems Installed, Public: 0 https://mycpa.cpa:state.tx.us/secocontractreporting/ContractReport.do 1/28/2011 SECO Stimulus Reporting - Confirmation: You Have Filed Successfully Page 1 of 25 SECO Stimulus Reporting Your sesslon expires In: 29 24 mins secs Confirmation: You Have Filed Successfully Confirmation Number: 1007869583901 Date and Time of Filing: 12/28/2011 09:07:42 AM Logged in as: Reagan McPhail This report has NOT been finalized. Contract CS0750 : for City of La Porte, Energy Eff & Cons Block Grants Report for December 2011 Did you make payments to vendors for the purchase of services or goods during this reporting month?: No Percentage of project completed to date, estimating progress on all tasks and deliverables: 0 Number of Educational Buildings retrofitted: 0 Sq. Footage of Public space retrofitted: 0 Number of energy efficient HVAC units purchased - Public: 0 Number of energy tracking software packages purchased: 0 Number of energy efficient IT systems or software packages purchased: 0 Number of energy efficient pieces of office equiment purchased: 0 What funds (other than these ARRA grant funds) have been leveraged this month? Utility Incentive (enter whole dollars only): 0 State Funds (enter whole dollars only): 0 Local Funds (enter whole dollars only): 0 Square footage of buildings under management, Public: 0 Private (enter whole dollars only): 0 Other Federal (enter whole dollars only): 0 In -kind (enter whole dollars only): 0 Other (enter whole dollars only): 0 Number of Energy Management Systems Installed, Public: 0 https:Hmycpa.cpa.state.tx.us/secocontractreporting/ContractReport.dd 12/28/2011 SECO Stimulus Reporting - Confirmation: You Have Filed Successfully Page 1 of 10 SECO Stimulus Reporting_ Your sesslon expires in: 29 21 mins secs Confirmation: You Have Filed Successfully Confirmation Number: 9oo8000000290 Date and Time of Filing: January 31, 2012 9:28 AM Logged in as: Reagan McPhail This report has NOT been finalized. Contract C50750 : for City of La Porte , Energy Eff & cons Block Grants Report for January 2012 Percentage of project completed to date, estimating progress on all tasks and deliverables: 93 Number of Educational Buildings retrofitted: 0 Sq. Footage of Public space retrofitted: 35,500 Number of energy efficient HVAC units purchased - Public: 0 Number of energy tracking software packages purchased: 0 Number of energy efficient rr systems or software packages purchased: 0 Number of energy efficient pieces of office equiment purchased: 0 What funds (other than these ARRA grant funds) have been leveraged this month? Utility Incentive (enter whole dollars only): 0 State Funds (enter whole dollars only): 0 Local Funds (enter whole dollars only): 0 Square footage of buildings under management, Public: 0 Private (enter whole dollars only): 0 Other Federal (enter whole dollars only): 0 In -kind (enter whole dollars only): 0 Other (enter whole dollars only): 0 Number of Energy Management Systems Installed, Public: 0 https:Hmyepa.cpa.state.tx.us/secocontractreporting/ContractReport.do 1/31/2012 SECO Stimulus Reporting - Page 1 of 1 SECO Stimulus Rep_ orting Your session expires In: 29 06 mins secs The Report has already been processed. Please return to the Menu or Logout. Return to Contracts Menu texas.gov I Statewide Search from the Texas State Library State Link Policy I Texas Homeland Security Susan Combs, Texas Comptroller Window on State Government Contact Us Privacy and Security Policy Accessibility Policy I Link Policy I Public Information Act I Compact with Texans Ul11 https:Hmycpa.cpa.state.tx.us/secocontractreporting/ContractReport.do 3/30/2011 SECO Stimulus Reporting - Confirmation: You Have Filed Successfully Page 1 of 25 SECO Stimulus Reporting Your s Ion expires In: 29 53 mans secs Confirmation: You Have Filed Successfully Confirmation Number: 8006884163748 Date and Time of Filing: 12/28/2010 09:57:39 AM Logged in as: Reagan McPhail This report has NOT been finalized. Contract CS0750 : for City of La Porte, Energy Eff & Cons Block Grants Report for December 2010 https://mycpa.cpa.state.tx.us/secocontractreporting/ContractReport.do 12/28/2010 SEGO Stimulus Reporting - Confirmation: You Have Filed Successfully Page 2 of 25 Pertinent metric info for activities not defined above should be captured and included https://mycpa.cpa.state.tx.us/secocontractreporting/ContractReport.do 12/28/2010 SECO Stimulus Reporting - Confirmation: You Have Filed Successfully Page 3 of 25 https://mycpa.cpa. state.tx.us/secocontractreporting/ContractReport.do 12/28/2010 SECO Stimulus Reporting - Confirmation: You Have Filed Successfully Page 4 of 25 What funds, if any, have been leveraged? Utility Incentive (enter whole dollars only): 0 State Funds (enter whole dollars only): 0 Local Funds (enter whole dollars only): 0 Private (enter whole dollars only): 0 Other Federal (enter whole dollars only): 0 In -kind (enter whole dollars only): 0 Other (enter whole dollars only): 0 Total Hours worked for jobs created this period: 0.00 Total Hours worked for jobs retained this period: 0.00 https://mycpa.cpa.state.tx.us/secocontractreporting/ContractReport.do 12/28/2010 SECO Stimulus Reporting - Confirmation: You Have Filed Successfully Page 25 of 25 How many jobs, if any, have been retained as a result of ARRA funding?: 0.00 If you are required to submit a Single Audit, what date did you provide it to SECO Stimulus?: n/a Obligations (Recovery Act funds encumbered) (0-9,999,999): 0 Dollar amount of required match you provided for your State Energy Program award?: 0.00 Have you expended more than $500,000 from ANY federal source during this fiscal year?: No If you have spent more than $500,000 from ANY federal source, when will your Single Audit be done?: n/a How many jobs, if any, have been created as a result of ARRA funding?: 0.00 Outlays (Expenditure of Recovery Act funds): 0 Outlays (Expenditure of Non -Federal funds): 0 texas.gov I Statewide Search from the Texas State Library State Link Policy I Texas Homeland Security Susan Combs, Texas Comptroller Window on State Government Contact Us Privacy and Security Policy Accessibility Policy I Link Policy I Public Information Act I Compact with Texans https:Hmycpa.cpa.state.tx.us/secocontractreporting/ContractReport.do 12/28/2010 SECO Stimulus Reporting - Report Contract Information Page 1 of 3 ;k SECO Stimulus Reporting Your session expires In: 00 00 mins secs Report Contract Information Logged in as: Reagan McPhail This report has NOT been finalized. Return to Contracts Menu Save Contract C50750 : for City of La Porte , Energy Eff & Cons Block Grants Report for December 2010 Pertinent metric info for activities not defined above should be captured and included: What funds, if any, have been leveraged? Utility Incentive (enter whole dollars only) (0-9,999,999): State Funds (enter whole dollars only) (0-9,999,999): r_ Local Funds (enter whole dollars only) (0-9,999,999): oe.2ao Private (enter whole dollars only) (0-9,999,999): F Other Federal (enter whole dollars only) (0-9,999,999): osesgs In -kind (enter whole dollars only) (0-9,999,999): F Other (enter whole dollars only) (0-9,999,999): F_-__.. Total Hours worked for jobs created this period (0-1,000,000.00, .25, .50, or .75 0 00 minutes): - ---� Total Hours worked for jobs retained this period (0-1,000,000.00, .25, .50, or .75 minutes): Please discuss progress to date on your project deliverables: (min 3 char): cited to 3-2 000 Chars) 50 ton Chiller unit, weeks. , Compare your actual accomplishments with the goals and objectives for the reporting period: https://mycpa.cpa.state.tx.us/secocontractreporting/ContractMenu.do 12/28/2010 SECO Stimulus Reporting - Report Contract Information Page 2 of 3 sited to 3-2 000 Chars) e met our goal for the City Hall Chiller Unit...... our lighting retrofit goal was to bid project December, new goal is to advertise for proposals January 2011. Please explain any problems you have encountered: (min 3 char): to the Lighting Retrofit Project advertisement have been s 75% of Limited to 3-2 Were you able to overcome the problems?: expect completion of the remaining Are the difficulties impacting your project deliverables?: Please discuss any successes you have experienced:: Please provide a summary of expenditures to date: (Limited to 3-2,000 Chars) January. https://mycpa.cpa.state.tx.us/secocontractreporting/ContractMenu.do 12/28/2010 SECO Stimulus Reporting - Report Contract Information Page 3 of 3 ty of La Porte is under contract for a 50 ton chiller replacement for How many jobs, if any, have been retained as a result of ARRA funding? (0.00- 9,999,999.99): If you are required to submit a Single Audit, what date did you provide it to SECO Stimulus? (MM/DD/CCYY or n/a): Obligations (Recovery Act funds encumbered) (0-9,999,999) (0-9,999,999): Dollar amount of required match you provided for your State Energy Program award? (0.00-9,999,999.99) : Have you expended more than $500,000 from ANY federal source during this fiscal year? (Yes/No): If you have spent more than $500,000 from ANY federal source, when will your Single Audit be done? (MM/DD/CCYY or n/a): How many jobs, if any, have been created as a result of ARRA funding? (0.00- 9,999,999.99): Outlays (Expenditure of Recovery Act funds) (0-9,999,999): of Non -Federal 17-1 FINALIZE THIS REPORT: I am the authorized representative for the local government entity submitting this Monthly ARRA Report. I understand that this Report is a government record as defined in Chapter 37 of the Texas Penal Code. The information I am providing on this Report is true and correct to the best of my knowledge and belief. (Finalizing this report prevents further updates to It - contact your Contract Manager for corrections.) Save Return to Contracts Menu texas.gov I Statewide Search from the Texas State Library State Link Policy I Texas Homeland Security Susan Combs, Texas Comptroller Window on State Government Contact Us Privacy and Security Policy Accessibility Policy I Link Policy I Public Information Act I Compact with Texans https:Hmycpa.cpa.state.tx.us/secocontractreporting/ContractMenu.do 12/28/2010 'p ) zm=qms;Lr,;i= liL I L I I ef':itoj i IA I ENERAL OPERATING DEPARTMENT No. 260590 City of La Porte 604 W Fairmont Parkway LaPorte, TX 77571 VOID 90 DAYS AFTER DATE Arnegy Bank La Porte, TX 35-1125/1130 VENDOR NUMBER I CHECK NUMBER AMOUNT 434636 04/1312012 1 260590 $ 2862.70 PAY THE SUM TWO THOUSAND EIGHT HUNDRED SIXTY TWO AND 70/100 DOLLARS OF To MR ELECTRIC OF THE BAY AREA THE 2318 CENTER STREET SUITE 110 ORDER DEER PARK, TX 77536- OF 11m 2 GO S 90,12 1: L L 30 1, 12 Sal: 11000003 L 201313110 51�Mlt Manager -----F -- I DATE INVOICE DESCRIPTION P6 AMOUNT 03/29/2012 108723-2 CONTRACTED SERVICES 04/12/2012 RETAINAGE PO P12027 GEN708 City of La Porte VENDOR NUMBER I I DATE 604 W Fairmont Parkway 434636 1 04/13/2012 La Porte, TX 77571 CHECK NUMBER I AMOUNT PAGE 1 260590 1 $ 2862.70 P12027 ***2,600.00 P12027 *****262.70 ORIGINAL CHECK OLORED RACKGRDOND PRINTED ON CIIF.MICAL RE4 CAPER -SCC DACK POR OLTAILS GENERAL OPERATING DEPARTMENT No. 0 tr �of La Porte 604 Fairmord Parkway LaPorte, TX 77571 VOID 90 DAYS AFTER DATE Amegy Bank La Porte, TX 35-1125/1130 VENDOR NUMBER DATE CHECK NUMBER AMOUNT 434636 OB/19/2011 257143 $ 21876.82 PAY THE SUM TWENTY ONE THOUSAND SIX HUNDRED SEVENTY SIX AND 821100 DOLLARS " OF 9 >` MR ELECTRIC OF TAlE`BAY"AREA`— -"c----�' TO 2318 CENTER STREET SUITE 110 Mayor THE ORDER DEER PARK, TX 77536- �:... OF Ir2571L,30 r:16130LI258r: 11000003120881P DATE INVOICE DESCRIPTION PO AMOUNT 08/12/2011 107863-2 PROFESSIONAL SERVICES CP1199 "24,085.36 City of La Porte 604 W FaIrmont Parkway LaPorte, TX 77571 PAGE 1 VENDOR NUMBER DATE 434636 08/19/201, CHECK NUMBER AMOUNT 257143 $ 21676.82 VENDORNUMBER DATE CHECK NUMBER AMOUNT 434638 09l09/2011 257524 $ 827121 ,PAY THE;SUM EIGHT THOUSAND TWO HUNDRED SEVENTY ONE AND 211100 DOLLARS OF ' MR ELECTRIC OF THE BAY AREA Mayor 2318.CENTER STREET SUITE 1.4 •�•�. ` ORTMDER DEER.PARK TX 77536 -` Manager in257524u' 4113011258r: PO00004I2088,16 DATE INVOICE DESCRIPTION PO AMOUNT 68/25/2011 FINAL PMT RETAINAGE CP1199 '"•8,271.21 PAPER -SEE BACK FOR DETAILS GENERAL OPERATING DEPARTMENT City of La Porte 604 W Fairmont Parkway La Porte, TX 77571 VOID 90 DAYS AFTER DATE Amegy Bank La Porte, TX 35-1125/1130 VENDOR NUMBER T DATE CHECK NUMBER AMOUNT 434636 07/29/2011 256779 $ 52764.07 PAY THE SUM FIFTY TWO THOUSAND SEVEN HUNDRED SIXTY FOUR AND 07/100 UULLAKJ " OF MR ELECTRIC OF THE BAY AREA TO THE 2318 CENTER STREET SUITE 110 Mayor ORDER DEER PARK, TX 77536- OF Ck�Manager I[2256479u• r:LL301162581: 000003120138"1 DATE I INVOICE I DESCRIPTION I PO I AMOUNT 07/17/2011 107863-1 City of La Porte 604 W Fairmont Parkway La Porte, TX 77571 PAGE 1 PROFESSIONAL SERVICES VENDOR NUMBER DATE 434636 1 07/29/2011 CHECK NUMBER I AMOUNT 256779 1 $ 52764.07 CP1199 "'58,626.74 City of La Porte 604 W Fairmont Parkway LaPorte, TX T7571 ' GENERAL OPERATING DEPARTMENT No. 259896 Amegy Bank La Porte, TX VOID 90 DAYS AFTER DATE 35-1125/1130 VENDOR NUMBER DATE CHECK NUMBER AMOUNT 434636 02/24/2012 259896 $ 4991.30 PAY THE SUM FOUR THOUSAND NINE HUNDRED NINETY ONE AND 30/100 DOLLARS******** OF MR ELECTRIC OF THE BAY AREA THE 2318 CENTER STREET SUITE 110 ORDER DEER PARK, TX 77536- 0F 1r 25989611' 1: L 130 L 1 258r: iiN00003 11208811' ....... .... ........ .. . ...... DATE INVOICE DESCRIPTION PO—T AMOUNT 02/13/2012 1078723-1 CONTRACTED SERVICES P12027 ***5,256.00 City of La Porte 604 W Fairmont Parkway La Porte, TX 77571 PAGE 1 VENDOR NUMBER DATE 434636 02/24/2012 CHECK NUMBER AMOUNT, 259896 $ 4991.30 R. Mr. Electric of Bay Area ELECTRIC 2318 Center Street, Suite 110 �r nraecn survxr Deer Park, Texas 77536 713477-1770 Phone 713-477-1786 Fax Date: 6/16/2011 Change Order #2 Job Number: 107863 Vendor Number. 434636 Project Number: 11017 PO Number: CPtttr I I q q' Address: Biilin Address: company- I Ci of La Porte compary: Ci of LaPorte Name: Ci . of La Porte Project #11017 Name: City of LaPorte Project #11017 ;i—dmss: 12963 N 23rd Street IMdreS57 1604 W Fairmont Parkwa c ryrsLatemv ILa Porte, Texas 77571 city/state/zip ILa Porte, Texas 77571 Quantity Description Cost 20 Jennie Riley - 322 N 4th Street Demo existing (20) existing metal halide fixtures. Supply and install (20) 4ft 4 lamp T-5 fixtures with plug heads to match existing connection. $7,854.00 Sub Total $7,854.00 Original Quote Net Change by previous change orders Change Order in the amount of New Total including this change order /L�/5/ /// Date' $81,513.24 $1,198.86 $7,864.00 $90, 566.10 NOV-16-2011 15:42 From:713?PGt550 Pa9e:111 An Investment S.ervice for • •- DIRECT DEPOSIT CONFIRMATION Wednesday, November 16 2011 THE FOLLOWING IS A CONFIRMATION OF A DIRECT DEPOSIT THAT WAS SENT TO TEXPOOL FOR CREDIT TO THE ACCOUNT LISTED BELOW. IF YOU HAVE ANY QUESTIONS REGARDING THIS INFORMATION PLEASE CALL TEXPOOL AT (866) 839-7665 PARTICIPANT INFORMATION Settlement Date: 11/16/2011 Amount: S80,263.96 Participant: La Porte, City of Location:77670 Special Instructions: Contact Name: Shelly Wolny Phone : (281) 471.5020 Fax : (281) 470-5009 Account Number: 1016400001 Account Name: GENERAL OPERATING FUND Received From: Comptroller - State Energy Conservation Office(907) . Comment: ISA 00 0000000000 00 00000000o0 ZZ 1746000089 7Z 3PMOROAN CHASE 111114 2252 U 00304 01100000010 P> GS RA t 746000089 071100269 111114 225209 0 X 003040 ST 820 000005935 8PR X 80263.96 C ACH CTX 01 071100269 1746000089 01 011000028 DA 67573774 111116 V EN TRN 1 3211381 NI PE CITY OF LA PORTE 49 I7d60015526003 Nt PR CPAST ENERGY CONS OFC (PART OF AGY 7S 907 PER CN TE 5124634784 ENT I RMR ry DEF,FDW0893ARRACFDA81.128 AI 80263.96 REF 43 91290272001 REF CR FOR SERV FORS-26-11 TO 8-10-11 FOR EECSO CS0750 SE 11 000005935OE 1 0IEA 1 000000001 This d000ment is for mfa mn0onel purposes only and Is being prodded for your conwnienee. It does not replace or supersede your official TecPool account statemcrn. In the cue of any eonRict between this and your oRcial TuPocl statement, the information in your TnPocl account statement still control. We do not represent that this information is complete or securel• and it should not to relied as such. PAGE: 1 RECEIVING REPORT RECEIPT NO.: 171770 SHIP TO: P.O. NO.: P12027 PLANNING DATE: 2/20/12 VENDOR: MR ELECTRIC OF THE BAY AREA VENDOR NO. 434636 DELIVER BY SHIP VIA F.O.B. 12/30/11 CONFIRM BY CONFIRM TO RODNEY REMERO BOB WARD FREIGHT CONTRACT NO. REQ. NO. 0000015086 REQUISITIONED BY GREEN, SHANNON REQ. DATE 12/20/11 ----------------------------------------------------------------------------- LINE QTY RCVD BIN LOCATION UOM ITEM NO. AND DESCRIPTION UNIT COST ----------------------------------------------------------------------------- 1 5254.00 EA 090 050 1.0000 CONTRACTED SERVICES ELECTRICAL INSTALL LIGHTS AT JEANNIE RILEY CENTER Acct # 01598927085100 Jµd4 RECEIVED BY: LEE, PEGG RECEIVED DATE: 2/20/12. APPLICATION AND CERTIFICATE FOR PAYMENT TO (OWNER): City of La Porte 604 W Fairmont Parkway LaPorte, Texas 77571 FROM (CONTRACTOR): Mr Electric of Bay Area Vendor # 434636 2318 Center Street Suite 110 PROJECT. Invoice #: City of La Porte Lighting Replacement and Retrofit Project 11017 Jennie Riley Center 604 W Fairmont Parkway La Porte, Texas 77571 Deer Perk, Texas 77536 CONTRACT FOR: Lighting Replacement and Retrofit Project 11017 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY Change Orden approved In Previous months by Owner TOTAL ADDITIONS DEDUCTIONS p_p0 Approved this month Number Date Approved 0 SEE ATTACHED SCHEDULE 70TALS 0.00 0.00 Net charge by Charge Orden So.00 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordancewith the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were Issued and payments received from the Owner, and that current payment shown herein is now due. CON TOR Date: 2/13/2012 Brock Bihm PERIOD TO: PURCHASE ORDER: Applioaton Is mede for Payment, es shown below, In connection with the Contraq. 1. ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Une 1i2) 4. TOTAL COMPLETED & STORED TO DATE 5. RETAINAGE: a. Of Completed work b 5% of stored Material Total Retainage S. TOTAL EARNED LESS RETAINAGE (Line 4 teas Une 5 TotaO 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Una 6 from Prior Certificate) 8. CURRENT PAYME14T DUE 9. BALANCE TO FINISH, PLUS RETAINAGE (Line 3less Line 6) 10. PAYMENT DUE DAYS UPON RECEIPT 1078723-1 0213/2012 P12027 6,101.04 0.00 6,101.04 5.254.00 262.70 262.70 DATE: Z !G 4,991.30 0.00 4,991.30 1,109.74 kri - ars-N94;.?-705-`�'IM 4Rs ELECTRIC® EXPERT ELECTRICAL SERVICE 2/13/2012 City of La Porte Lighting Replacement and Retrord Project 11017 2318 Center Street Suite 110 Deer Park, TX 77636 713-477-1770 phone • 173-477-17786 fax www.MrElectric.com 4IM R s ELECT'RIC� EXPERT ELECTRICAL SERVICE 9-27-2011 City of La Porte Reagan McPhail, Mr. Electric proposes to perform the following scope of work per request to replace and/or retrofit fixtures at locations listed below: Rec Center Gym Ull-Lim • Demo existing up -lights • Supply and Install (20) - 8' (4)Lamp T-5 fixtures • Lift or rolling scaffolding required Total - $10,170.00 Rec Center Racket ball Lights; • Retrofit (14) existing 2x2 Metal Halide fixtures to T-5 • Rolling Scaffolding required Total - $7,430.00 slemae'e�}e��3Z2:N74thxSt� • Demo (20) existing metal halide fixtures • Supply and install (20) 4ft 41amp T-5 fixtures with plug heads to match existing_ connection Total - %fit THIS REQUEST has been priced in accordance with current pricing levels. Therefore it is subject io adjustment/Cancellation if written authorization is not received within 45 days. This proposal is based solely on usual cost elements, i.e. labor, material and normal markups, and does not Include any amount for changes in sequence of work, delays, disruptions, lost productivity, rescheduling, extended overhead, acceleration or any increased cost of performing any unchanged portions of the work claim for which is specifically reserved. Mr. Electric looks forward to working with you on this project Please call if you have any questions. Thanks, Brock Bihm President of Mr. Electric 2318 Center Street, Suite 110 Deer Park, Tx 77536 713-477-1770 phone • 713-477-1786 fax www.MrElectric.com CITY OF LA PORTE BUDGET ADJUSTMENT FORM Liahtina Retrofit 2011 -Mr. Electric whole numbers only ACCOUNT PROJECT EXPLANATION AMOUNT OF NUMBER NUMBER OF TRANSFER INCREASE DECREASE FROM: TO: 01698927081100 708 CONST. CHANGE ORDER 92 t- = 7,854 ,^ r 01698927085100 708 7,864 FROM: TO: FROM: TO: C_ FROM: TO:� FROM: TO: FROM:r TO: FROM: TO: C' t FROM: TO: i FROM: TO: FROM: TO: l C^�' FROM: TO: FROM: TO: FROM: TO: FROM: TO: FROM: TO: ^ n 7,854 7,854 DEPARTMENTALAPPROVAL:� � �/�A% (2-U11 FINANCE APPROVAL: DATE: REVISED 8124198 PURCHASE REQUISITION NBR: 0000015086 STATUS: FUND 15 ACCOUNTS REQUISITION BY: GREEN, SHANNON REASON: INSTALL LIGHTS.AT JENNIE RILEY CENTER DATE: 12/20/11 SHIP TO LOCATION: PLANNING SUGGESTED VENDOR: 434636 MR ELECTRIC OF THE BAY AREA DELIVER BY DATE: 12/30/11 LINE - UNIT EXTEND NBR DESCRIPTION ----------------------------------------------------------------------------------------------------------------------------------- + QUANTITY DOW. COST COST VENDOR PART NUMBER 1 INSTALL LIGHTS AT JEANNIE RILEY CENTER 7854.00 EA 1.0000 7854.00 COMMODITY: CONTRACTED SERVICES SUBCOMMOD: ELECTRICAL REQUISITION TOTAL: 7854.00 A C C O U N T I N F O R M A T I O N LINE # ACCOUNT PROJECT ! AMOUNT 1 01598927085100 CONSTRUCTION COSTS GEN708 100.00 7854.00 ENERGY CONSV. BLOCK GRANT 7854.00 REQUISITION IS IN THE CURRENT FISCAL YEAR. REQUISITION COMMENTS: COPY VENDOR WITH PO NUMBER. FREIGHT INCLUDED THIS IS A CHANGE ORDER. ORIGINAL PO i CP1199 HRTFORD 1.44 HeIP P�t tomorrow, Pare today. mytomorrow thehartford•�°m� MR. ELECTRIC EXPERT ELECTRICAL SERVICE 9-27-2011 City of La Porte Reagan McPhail, Mr. Electric proposes to perform the following scope of work per request to replace and/or retrofit fixtures at locations listed below: Rec Center Gym tip -Lights • Demo existing up -lights • Supply and Install (20) - 8' (4)Lamp T-5 fixtures • Lift or rolling scaffolding required Total - $10,170.00 Rec Center Racket ball Lig tc • Retrofit (14) existing 2x2 Metal Halide fixtures to T-5 • Rolling Scaffolding required Total - $7,430.00 ►ennie Riley 0322 N 4th St • Demo (20) existing metal halide fixtures • Supply and install (20) 4ft 41amp T-5 fixtures with plug heads to nvm existing connection Total - $7,854.00 t THIS REQUEST has been priced in accordance with current pricing levels. Therefore it is subject to adjustment/Cancellation if written authorization is not received within 45 days. This proposal is based solely on usual cost elements, i.e. labor, material and normal markups, and does not include any amount for changes in sequence of work, delays, disruptions, lost productivity, rescheduling, extended overhead, acceleration or any increased cost of performing any unchanged portions of the work, claim for which is specifically reserved. Mr. Electric looks forward to working with you on this project. Please call if you have any questions. Thanks, Brock Bihm President of Mr. Electric 2318 Center Street, Suite 110 Deer Park, Tx 77536 713-477-1770 phone • 713-477-1786 fax www.MrElectric.com PAGE: 1 • t, - C E I V I N G R E P O R RECEIPT NO.: 167485 SHIP TO: P.O. NO.: CP1199 PLANNING DATE: 8/17/11 VENDOR: MR ELECTRIC OF THE BAY AREA VENDOR NO. 434636 DELIVER BY SHIP VIA F.O.B. 4/29/11 CONFIRM BY CONFIRM TO REQUISITIONED BY RODNEY REMERO BOB WARD GREEN,SHANNON FREIGHT CONTRACT NO. REQ. NO. REQ. DATE 0000014354 4/25/11 ----------------------------------------------------------------------------- LINE QTY RCVD BIN LOCATION UOM ITEM NO. AND DESCRIPTION UNIT COST ----------------------------------------------------------------------------- 1 22886.50 EA 260 150 1.0000 PROFESSIONAL SERVICES OTHER LIGHTING REPLACEMENT, RETROFIT 6 LIGHT CONTROL Acct # 01598927085100 RECEIVED BY: LEE, P GGY 6 l I' RECEIVED DATE: 8/17/11 APPLICATION AND CERTIFICATE FOR,PAYMENT TO (OWNER): PROJECT: Invoice Y: City Of La Porte City of La Porte lirlh(ing Reply uerd and Retrofit Project 11017 604 W Fairmont ParWmy 604 W Faifmonl Parkway _ Lo Pont, rextls 77571. LaPorte, Texas 77571 PERIOD TO: FROM (CONTRACTOR): " Mr Electric of Bay Area Vendor a 434636 2318 Center ShvelSuite 110 Deer Park, Tame 77S38 PURCHASE ORDER: CONTRACT FOR: USMfng Replacement and Retrofit Pro/ect 11017 CONTRACTOR'S APPLICATION FOR PAYMENT GLUIGE OFU" SlAOW2Y chmp Onlae appds4n prercve rnmd ADwr TOTAL ADDI1'ONS IAVaw.. DEDUCTIONS nM AMtorllmle, Nu1W .Dae Appwae t SEE ATTACHED SCIIERAE TOTALS ,I,ItI eZ a.al N CllalDa br ChwQ* OnJwx I I.IiN M. The undersigned Contractor cefUftes that to the best of the Contradoes knowledge, ilbmretion end belief UM Work covered by gds Application fer Paymeal has bean completed in amordarlce with the Contract Docrmenls, that as amounts have been Pefd by the Contractor for Work for whkil previous Cerllacetes for Payment were Issued end paymerds remlved from the Owner, and that current payment shown herein Is now due. CONTRACTOR Ik: ,Bets: 8/1212011 a"U Im Ap,* r brsseeWPIw-VWwablow. laexYwfllenwalaleCmYal 1. ORIGINAL CONTRACT SUM 2. Not change by ChafVe Orders 3. CONTRACT SUN TO DATE Nw 1-2) 4. TOTAL COMPLETED Q STORED TO DATE S. RETAINAGE: a. Io aCmrerereEwbk b._erSmeEtsNwtl Total Retaina0e 6. TOTAL EARNED LESS RETAINAGE 6aw.4 rma L a Tate 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (L. 6 kan cola Cork sle) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, PLUS RETAINAGE (Une 31m Uns el 10. PAYMENT DUE DAYS UPON RECEIPT APPROVED 82,712./0 DATE: 107863-2 12-Aug-11 CPI119 0 t,:;13.24 I,IfIN Iqi 0271'J. 10 01.712. In E.Z71 .1 74,440 tin '402G. 74 15.844.11 U.27 Q1 City of La Porte Lighting Replacement and Retrofit Project 11017 ♦ 1 QUEMOY Down --. `Installed ;' :Thls ..,' i'Period ': Installed Previous Periods Total Installed To Date ':Period-' ..'Income:.' PrevleuS Periods Income Total Income To Date Item No. Descriptionot Work Eat. Qtv. tln8 Urdl Price FsOmated Value i Deleted By Change order 01 2 Deleted By Chmp Order #1 3 Deleted By Change Order #1 4 re8' 2L S Mt H2 wW-2L 1-5 9.0, as S 225.56 f2.030.04 9.0 9.0 $ 2.03D.04 5 Retrofit 6' Can Lights with LED 79 as $ 125.00 $ 9.875.00 '79.0 - 0 79 $ 9,875.00 6 S.Mt 4' 4L T-5 19 ea S 244.08 S 4.637.52 19 19 $ 4.637.52 7 S M14' 4L HO T-5 ed I m 71 as $ 305.27 $ 21,674.17 71 71 $ 21.974.17 6 LED Wan Peck 28 Watt 10 ea $ 216.00 $ 2,160.00 .1 5 5 10 '- $1,080.00 $ 1.080.00 9 LED Wan Pack 23 Watt 1 es S 216.00 $ 216.00 .1 1 S- 216.00 10 SMt 4'.81. H0.T-5 wimpct cvr a as S 350.00 $ 2,800.00 6 ' 8 . a S 2.800.00 11 Retmfi14'2LT-1210 T-5 5 ea S 80.37 $' 401.85 -,,: 5.. : 5 $'-401.85 Seaton II 1 Scrisors 82 ea S 121.23 $ 9,D40.86 '37 45 82 S, 4,485.51 S 5.456.35 Alternate02 CO#1 1 Rplce 3L 2x4 Lay -in T-12 w T-5 52 ea S 199.81 i 10,390.12' ..'10: " 42 52 ` 51,996.10 5 8,392.02 2 R 4 L 2x4 Lay -in 7-12 w T-5 78 as $ 199:81 S 15.585.18 78 S 15,585.18 3 Rpke 2L 2x4 Lay -in T.12 w T-5 10 as $ 180.25 S 1.802.50 .. 10 S 1.802.50 IS 81.513.24 1, $ 22.888.50 $ 58.626.74 oe A PURCHASE PURCHASE ORDER PURCHASE ,A 9 CITY OF LA PORTF. ORDFR A u m 604 WEST FAIRMONT PARKWAY CP1199 _F. ATTN: ACCOUNTS PAYA BLE LA PORTE, TX 77571 ..... DATL:4/282011 VF.NDORI'IIONE: (713)477-1770 VENDORFAX: (713)477-17E6 VENDOR a: 434636 VENDOR ADDRESS: MR ELECTRIC OF THE BAY AREA SHIP TO: PLANNING 1702 STRAWBERRY RD SUITE PLANNING PASADENA, TX 77502 604 W. FAIRMONT PARKWAY LA PORTE, TX 77571 BY UNIT ,.. .UNIT AATICLB OR SERVICE COST 1 LIGHTING REPLACEMENT, RETROFIT 4 LIGHT 81,513.24 / CONTROL 1.0000 81,513.24 EA 9999 SEALED BID M11017 APPROVED BY COUNCIL 3/14/11 PET INCLUDED ..sy�c...,,.v �A�N!'�"•1�"'a 4+ rv# �i*}?"--eS ..�G. ,.y,' i<g ��Jm'vr 81 13.E i�.. ii'OT � '�iRCIIA�S,E 0�1N1`�� ,f Scnd Original and One Copy of Invoice to: CITY OF LA PORTE ACCOUNTSPAYABLE 604 W FAIRMONT PKWY LA PORTE, TX 77571 AUTHORIZED SIGNATURE rage i of i R E C E I V I N G R E P O R T RECEIPT NO.: 166694 SHIP TO: PLANNING VENDOR: MR ELECTRIC OF THE BAY AREA PAGE: 1 P.O. NO.: CP1199 DATE: 7/19/1: VENDOR NO. 434636 DELIVER BY SHIP VIA F.O.B. 4/29/11 CONFIRM BY CONFIRM TO REQUISITIONE B RODNEY REMERO BOB WARD GREEN,SHANNO FREIGHT CONTRACT NO. REQ. NO. REQ. DATE 0000014354 4/25/11 ----------------------------------------------------------------------------' LINE QTY RCVD BIN LOCATION ----------------------------------------------------------------------------' UOM ITEM NO. -AND DESCRIPTION UNIT COST 1 58626.74 EA' 260 150 1.0000 PROFESSIONAL SERVICES OTHER LIGHTING REPLACEMENT, RETROFIT & LIGHT CONTROL Acct # 01598927085100 RECEIVED BY: GREEN,SHANNON RECEIVED DATE: 7/19/11 APPLICATION AND CERTIFICATE FOR PAYMENT TO (OWNER): PROJECT. Invoice #: 107863-1 City of La Porte City of La Porte Lighting Replacement and Retrofit Project 11017 604 W Fairmont Parkway 604 W Fairmont Parkway La Porte, Texas 77571 La Porte, Texas 77571 PERIOD TO: 17.1ul-11 FROM (CONTRACTOR): Mr Electric of Bay Area Vendor fr 434636 _ 2318 Center Street Suite 110 Deer Park, Texas 77536 PURCHASE ORDER: CP11`79 CONTRACT FOR: Lighting Replacement and Retrofit Project 11017 CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY page Oroon epprovr.%d in pawmorrNs by Ow TOTAL ADDITIONS it UU DEDUCTIONS U.W Approved this month 1.IN 66 Nmber Dote Approvod I SEE ATTACHED SCHEDULE TOTALS t,t UU.6U U.aO Net rherge by Change Orders 51, IN ac. The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were Issued and payments received from the Owner, and that current payment shown herein Is now due. CONTRACTOR Application is made for Payment, as shown oebv, in cer notion with Ne Coritra r. 1. ORIGINAL CONTRACT SUM 81.513.24 2. Net change by Change Orders 1.198.86 3. CONTRACT SUM TO DATE (Line 1.2) 82.712,10' 4. TOTAL COMPLETED & STORED TO DATE 58.626J4 S. RETAINAGE: a. 71% oI Comptaed Work 58.626.74 lb oI stored More" Total Retainage 5.862.67 6. TOTAL EARNED LESS RETAINAGE 52,7G4.07 (Line 4IMS Lio 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT O.00 (Line 6 horn prim Cerhikate) S. CURRENT PAYMENT DUE 52,764.07 9. BALANCE TO FINISH, PLUS RETAINAGE 29.948.03 (Line 3 km Line 6) 10. PAYMENT DUE DAYS UPON RECEIPT APPROVED BY: 11ATc, siL FiMRr tEIECTRIC Date: 6/16R011 Mr. Electric of Bay Area 2318 Center Street, Suite 110 Deer Park. Texas 77538 713477.1770 Phone 713477-1786 Fox Change Order #1 Job Number: 107863 Vendor Number: 434636 Project Number: 11017 PO Number. CP1119 Address: Billin Atldress: Cmmalr. C' of La Pone cwwm< CI of L. Porte N=e: L or Le Porte Project #11017 Nsms: CI of La Porte Pro Iecl e11017 Aameo: 12963 N 23rd Street jAdman, 604 W Fel r4M Parkway copswArno ILa Porte. Texas 77571 jcft#stWZp ILa Porte, Texas 77571 Original Quote Net Change by Previous change orders Change Order In the amount of New Total Including this change order i Date Date $81.513.24 S0.00 ' S1 198.e6 562,71H C..Ify of Le Pone Lighting Replacement and Retrofit Project 11017 8 1 Quamity Dollars Installed This Period Installed Previous Periods 'TC481 lmtoW To Data T11is Period lr r e Prevkm Periods Irloome Total Income To Dale Vela No, Description of Work Est. OI . Unit Unit .Price Estimated Vakxt 1 Deleted By Change Order #1 2 Deleted .0'Change Order NJ --`0 Deleted By Charge Order#1 replace 8' 2L S MI 112 w44'-2L 1-5 9.0 ea $ 225.56 f 2.030.04 n RetmN 6- Can Lights with LED 79 ea f 125.00 f 9.875.00 0 S M14' 4L T-5 19 ea f 244.08 f 4.637.52 19 S 4.637.52 7 S MI P 4L NO T-5 wl Impet cvr 71 ea f 3D5.27 f 21 674.17 . 71 f 21.674.17 0- LED Wad Pack 28 Wall 10 as f 21G.00 S 2.160.00 5 f 1,U80.00 0 LED Wall Pack 23 Wall 1 ea IS 216.00 $ 216.00 10 S MI 4' 81. NO T-5 wfnpcicvr 8 ea 1 f 350.00 f 2,8W.00'. I I Retrofit 4' 2L T-12 to T-5 5 ea f 80i37 $ 401.85 SWiDn II 1Occujmncy Sensors 82 ea f 121.23 f 9.940.86 45 $' 5.455.35 Wlemale 12 (CO01 1 3L 2x1 - T-12 w T-5 52 ea f 199.81 S 10.390.12 42 f 8.392.02 2 R Irg 4 L 2x4 L -7n 7-12 w T-5 78 ea f` 199.81 S 15.585:18 78 $ 15,585:18 3 RpIce 2L 2xSLey-in T-/2 w T-5 10 ea f 180.25 S 1.802.501 1 10 is 1,802:50 S 81.513.24 s 58,626.74 PURCHASE REQUISITION HER: 0000014354 STATUS: FUND 15 ACCOUNTS REQUISITION BY: GREEN,SHANN IV REASON: LIGHTING REPLACEMENT DATE: 4/25/11 SHIP TO LOCATION: PLANNING SUGGESTED VENDOR: DELIVER BY DATE: 4/29/11 LINE UNIT EXTEND NBR DESCRIPTION ___________________________________________________________________________________________________________________________________ QUANTITY DOM COST COST VENDOR PART NUMBER 1 LIGHTING REPLACEMENT, RETROFIT & LIGHT CONTROL 61513.24 EA 1.0000 81513.24 COMMODITY: PROFESSIONAL SERVICES SUBCOMMOD: OTHER - REQUISITION TOTAL: 81513.24 `.-------------------------------------'_______----------------__________________________-_--------_______-_________-_------_________- A C C 0 U N •T I N F O R M A T I O N LINE X ACCOUNT PROJECT k AMOUNT 1 01590927085100 CONSTRUCTION COSTS GEN708 100.00 81513.24 ENERGY CONSV. BLOCK GRANT REQUISITION IS IN THE CURRENT FISCAL YEAR. REQUISITION COMMENTS Freight Included. Vendor Info: Bihm & Greer Enterprises, Inc. DBA Mr. Electric of Bay Area 2318 Center Street Suite 110 Deer Park, TX 77536 713-477-1770 brOCk.bihmOmrelectric2009.COm 81513.24 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: March 14, 2011 Requested By: Tim Tietiens Department: Planning Report: X Resolution: _Ordinance: _ Exhibits: Bid Tab Contractor Bid List Appropriation Source of Funds: Fund 015 Account Number: 015-9892-708-1100 Amount Budgeted: $100,385 Amount Requested: $86,365 Budgeted Item: X YES _NO SUMMARY & RECOMMENDATION On July 12, 2010, Council approved a an agenda item to fund the SECO Grant (Energy Conservation Program) in the amount of $100,385.00 to retrofit/replace antiquated lighting within Public Works, City Hall, Special Programs Center, and the Recreation Fitness Center. The City opened bids February 28th submitted by two qualified contractors. The low bid including alternates was submitted by Mr. Electric in the amount of $81,513.24. Staffs recommendation is to accept the base bid plus Alternate # 2. Alternate # 2 addresses the replacement of lighting in lieu of a retrofit. The advantage of replacing is the City will realize an even greater reduction in energy cost. Staff, also requests of City Council to provide for a construction contingency of $4,851.76 for an over-all total of $86,365, of which equals the total amount of the grant. Action Required by Council: Authorize the City Manager to enter into contract with Mr. Electric in the amount of $81,513.24 and establish a construction contingency of $4,851.76. Approved for City Council Agenda Ron Bottoms, City Manager Date STANDARD FORM OF AGREEMENT SEALED BID #11017 - LIGHTING REPLACEMENT, RETROFIT AND OCCUPANCY SENSORS THIS AGREEMENT, made this 11th day of April. 2011, by and between the CITY OF LA PORTE, hereinafter called "Owner•', acting herein through its CITY MANAGER and Mr. Electric of Bay Area (Name of Contracting Firm) Strike out inapplicable terms: (a corporation) ) doing business as: Mr. Electric of Bay Area., hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the construction described as.follows: LIGHTING REPLACEMENT, RETROFIT AND OCCUPANCY SENSORS hereinafter called the project, for the Total Price of elphty-one thousand five hundred thirteen dollars and twenty-four cents ($pJqJ3.24 and all extra work in connection therewith, under the terms as stated in the General and Supplementary Conditions of the Contract; and; Further, that the CONTRACTOR agrees, at his (its or their) own proper cost and expense, to furnish all the knowledge, materials, supplies, machinery, equipment, tools, superintendence, labor, Insurance, and other accessories and services necessary to complete the said project in accordance with: A. The terms and conditions stated in the Bid Proposal and in the General Conditions, and Supplementary Conditions of this Contract; Scope of Work, Instructions to Bidders, Documents, and Bid Form. B. The plans, which Include all maps, plats, blue prints, and other drawings and printed or written explanatory matter thereof, and C. The Specifications and other contract documents therefore, as prepared by the City of La Porte, all of which are made a part hereof and collectively evidence and constitute the contract. The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified In a written "Notice to Proceed" of the Owner and to fully complete the project within 90 calendar days thereafter. IN WITNESS WHEREOF, the parties to these present have executed this contract, each of which shall be deemed an original, In the year and day first above mentioned. SF-1 By: —� �} on Bottoms fYJI1 /n5 City Manager Attw By: City of LaPorte Name of Owner SEAL SEAL 1— -- -� !' VAIORIE HONE WNIROW Plolnry Punlic, Stale of rexd Mr: Electric of Bay Area (:`I My Commission Fxpires {!t';'%;i's;F` AOnUSI 02, 2014 Name of Ctaa Firm Signature of Authortzed Person �feSi�ew'{- Title of Authorized Person 2318 Center Street, Suite 110, Deer Park, Texas 77636 Witness ChanRe.Order # l PROJECT: Lighting ina Replacement. Retrofit and Occupancy DATE OF ISSUANCE: 4/11111 Sensors City of La Porte OWNER: City of La Porte OWNER'S PROJECT NO. 11017 604 W. Fairmont Parkway La Porte Texas 77571 CONTRACTOR: MnElectric of Bay Area. 2318 Center Street. Suite 110 Deer Park Texas77536 You are hereby directed to make the following changes in the Contract Documents: Description: Delete from the Bass Bid Items 1, 2, & 3 for a total of $12,729.64. Add to the contract Bid Alternate # 2 in the amount of $27,777.80. Purpose of Change Order. Install new fixtures in lieu of retrofitting existing Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: Original Contract Price Original Contract Tina $66,465.08 90 days Previous Change Orders Net Change from Previous Change Orders $-0- .0- Contract Price prior to this Change Order Contract Time prior to the Change Order $66,465.08 90 days Net Increase (Decrease) of this Change Order Net Increase (Decrease) of this Change Order $15,048.16 0 days Contract Price with all Approved Change Orders Contract Time with all Approved Change Orders $81,513.24 90 days z W ji IMA F�'l'l'3H'!Y•]� CITY OF LA PORTE BUDGET ADJUSTMENT FORM I inMinn Rc}rnfi} whole numbers only ACCOUNT PROJECT EXPLANATION AMOUNT OF NUMBER NUMBER OFTRANSFER INCREASE DECREASE FROM: TO: 01598927081100 708 construction contract '1 :lu`m.=$ 81,514 01598927085100 708 81,514, 0 � pl FROM: TO: 01598927081100 708 construction contingency 4,851 01598927089100 708 4,851 FROM:-1` TO: �•, x S%Tfi �., FROM: x ,•.r W ➢rvJ:.j. FROM: TO: $sc14,"'rsFi L` ' FROM: TO: FROM: TO: `� 1 n FROM:ya! TO: 2 t a FROM: TO: FROM: iflK,ex•, aar^ — FROM: TO: e•�..rt r FROM: TO: 'uyi FROM: TO: FROM: TO: y FROM: TO: "?ems;%4��:.�'ti�1 86,3651 86,365 DEPARTMENTAL APPROVAL: Q ao FINANCE APPROVAL: DATE: REVISED 8124/98 OF � A ti U t"; rex�� VENDOR PHONE: VENDOR FAX: VENDOR N: VENDOR ADDRESS: Onr P.O.4 AIUSTA I Ier D04I 00 04129/2011 FOB ITEM I QUANTITY/ I UNIT • PURCHASE ORDER • PURCHASE CITY OF LA PORTE ORDER NO. 604 WEST FAIRMONT PARKWAY CP1199 ATTN:ACCOUNTSPAYABLE LA PORTE, TX 77571 DATE: 4/28/2011 (713)477.1770 (713)477-1786 434636 MR ELECTRIC OF THE BAY AREA SHIP TO: PLANNING 1702 STRAWBERRY RD SUITE PLANNING PASADENA, TX 77502 604 W. FAIRMONT PARKWAY LA PORTE, TX 77571 ALL Lrvoices, Packages_nn(I Corre mulence REQUISITION N I REQUISITION DATE CONFIRMED BY: 0000014354 04/25/201I RODNEY REMERO ACCOUNTNUMBER AUTHORIZED BY 015939270851OO BOB WARD DESCRIPTION UNIT EXTENDED ARTICLE OR SERVICE COST °- COST 1 LIGHTING REPLACEMENT, RETROFIT & LIGHT 81,513.24 /CONTROL EA 9999 SEALED BID #11017 APPROVED BY COUNCIL 3/14/11 FRT INCLUDED Send Original and One Copy of Invoice to: CITY OF LA PORTE ACCOUNTS PAYABLE 604 W FAIRMONT PKWY LA PORTE, TX 77571 1.0000 81,513.24 AUTHORIZED SIGNATURE rage 1 01 1 00SECO Slate rntapy come+non INM1u Certification of "Buy American" Procurement Contract Number Project Name I t-i Q-OVie,(& a@+roiCt , a r\rl vcc� (pGtr\-c,_k Se (\So rS I do hereby certify as to the following: 1. Identification of American -made Iron, Steel, and Manufactured Goods: Consistent with the terms of the Owner's bid solicitation and the provisions of ARRA Section 1605 and OMB regulations, Code of Federal Regulations, Volume 2, Part 176, the BidderNendor certifies that this bid/procurement reflects the BidderNendor's best, good faith effort to identify domestic sources of Iron, Steel, and Manufactured goods for every component contained in the bid solicitation/procurement where such American -made components are available on the schedule of values and consistent with the deadlines prescribed in or required by the bid solicitation/procurement. 2. Verification of U.S. Production: The.BidderNendor certifies that all components contained in the bid solicitation/procurement that are American —made have been so identified, and if this bid/procurement is accepted, the BidderNendor agrees that it will provide reasonable, sufficient, and timely verification to the Owner of the U.S. production of each component so identifed. 3. Documentation Regarding Non -American made Iron, Steel, or Manufactured Goods: The BidderNendor certifies that for any component or components that are not American -made and are so identified in this bid/procurement, the BldderNendor has included In or'attached to this bid/procurement one or both of the following, as applicable: a. Identification of and citation to a categorical waiver published by the U.S. Department of Energy in the Federal Register that Is applicable to such component or components, and an analysis that supports Its applicability to the component or components. b. Verifiable documentation sufficient to the Owner, as required in the bid solicitation or otherwise, that the BidderNendor has sought to secure American -made components but has determined that such components are not available on the schedule and consistent with the deadlines prescribed in the bid solicitation/procurement. 4. Information and Detailed Justification Regarding Non -American made Iron, Steel, or Manufactured Goods: The BidderNendor certifies that for any such component or components that are not so available, the Bidder/Vendor has also provided in or attached to this bid/procurement information, including but not limited to the verifiable documentation 1oft 00s"Co Sb Envoy ContnwUon OfM1ce and a full description of the biddertvendor's efforts to secure any such American -made component or components, that the BldderNendor believes is sufficient to provide and as far as possible constitutes the detailed Justification required for a waiver under section 1605 with respect to such component or components. The BldderNendor further agrees that, if this bid/procurement is accepted, It will assist the Owner in amending, supplementing, or further supporting such information as required by the Owner to request and, as applicable, implement the terms of a waiver with respect to any such component or components. (b;hm a Greer �nke�pr;szs, erlc 19e>PC RmrC12�r;� * rec". Contractor Name (printed or typed) broLk 6 h Pl Name of Authorized Official (printed or typed) PI`Q s � d eAl Title (printed or typed) Sign ure of Authorized Official Date ' Sub -recipients may use the following certification to be included in the bid packet and returned by prospective bidders with their bids. "' Please maintain this form on file. 2of2