HomeMy WebLinkAboutPR 19674: TIRES FOR TRANSIT FIXES ROUTE BUSES INTEROFFICE MEMORAN D U M
To: Brian McDougal, City Manager
From: Ronald K. McElhose, Transit General Manager
Subject: P.R. NO.19674 Tires for Transit Fixes Route Buses
Date: 02/08/2017
Recommendation:
It is recommended that the City Council approve Proposed Resolution No.19674 for
supplying 305/70R22.5 Tires for the Transit Department Fixed Route Bus Fleet. This
Resolution would authorize the purchase of Tires under a one (1) year contract, with an
option to renew for two (2) additional one (1) year periods, with Southern Tire Mart of
Columbia, Mississippi, in the amount of $445.00 Per Unit, with annual projected
budgetary impact of $31,212.00. The expense will be charged to the Transit
Maintenance Account Number: 401-1502-561.43-00.
Background:
Approval of the contract would authorize Southern Tire Mart to be the Transit
Department's Fixed Route Tire vendor. The contract is for 305/70R22.5 Tires that are
utilized on the Transit Department Fixed Route Fleet.
The City's Purchasing Division advertised for bids in the Port Arthur News on January
15th and January 22, 2017. The City received and opened four(4) bids on the purchase
of 305/70R22.5 Tires (see Bid Tabulation Attachment "A"). The four (4) bids received
were from the following vendors:
Bidder Bid
(1) Beasley Tire Service $695.00 Per Unit
Houston, TX.
(2) Southern Tire Mart $445.00 Per Unit
Columbia, MS.
(3) The Goodyear Tire & Rubber Comp. $539.97 Per Unit
Beaumont,TX.
(4) Bridgestone $544.09 Per Unit
Phoenix,AR.
1
P.R.N0.19674
Page 2 of 2
Budgetary/Fiscal Effect:
Funding for the purchase of the tires is available from the Transit Maintenance
Account Number: 401-1502-561.43-00.
Staffing/Employee Effect:
No anticipated effect on staffing is expected with this action.
Summary:
It is recommended that the City Council approve Proposed Resolution No.19674 for
supplying 305/70R22.5 Tires for the Transit Department Fixed Route Bus Fleet. This
Resolution would authorize the purchase of Tires under a one (1) year contract with
Southern Tire Mart of Columbia, Mississippi, with an option to renew for two (2)
additional one (1) year periods, in the amount of $445.00 Per Unit, with an annual
projected budgetary impact of$31,212.00. The expense will be charged to the Transit
Maintenance Account Number: 401-1502-561.43-00.
014,14--
Ronald McElhose
Transit Manager
2
P.R.NO.19674
02/08/2017 CB
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH SOUTHERN TIRE MART OF
COLUMBIA, MISSISSIPPI, FOR THE PURCHASE OF
305170R22.5 TIRES FOR THE TRANSIT DEPARTMENT, WITH
AN ANNUAL PROJECTED BUDGETARY IMPACT OF
$31,212.00. FUNDING IS AVAILABLE IN TRANSIT
MAINTENANCE ACCOUNT NUMBER 401-1502-561.43-00
WHEREAS, Purchasing advertised in the Port Arthur News on the 15th
day of January 2017, and the 22th day of January 2017, for bids for the annual
supply contract for the purchase of 305170R22.5 Tires; and
WHEREAS, on the 1st day of February, 2017, four (4) bids were received
and opened, and have been evaluated by the Purchasing and Transit
Department, a copy of the bid tabulation is attached hereto as Exhibit "A"; and
WHEREAS, Southern Tire Mart of Columbia, Mississippi, was the lowest
and most responsive bidder; and
WHEREAS, it is in the best interest of the City of Port Arthur to enter into
a one (1) year contract with Southern Tire Mart of Columbia, Mississippi, with an
option to renew for two (2) additional one (1) year periods, in substantially the
same form as attached hereto as Exhibit "B"; and
WHEREAS, the Federal Transit Administration (FTA) has set forth
regulations and clauses (attached hereto as Exhibit "C") that must be followed in
order to utilize federal funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT the City Manager of the City of Port Arthur is hereby authorized and
directed to execute on behalf of the City a one (1) year contract between the City
of Port Arthur and Southern Tire Mart of Columbia, Mississippi, for the purchase
of 305170R22.5 Tires, with an option to renew for two (2) additional one (1) year
periods, with an annual projected budgetary impact of $31 ,212.00, in
substantially the same form as attached hereto as Exhibit "B"; and
THAT funding for the 305170R22.5 Tires is available from Transit Account
Number: 401-1502-561.43-00.
THAT a copy of the caption of this Resolution be spread upon the Minutes
of the City Council
READ, ADOPTED AND APPROVED this day of May, 2017 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the
following vote: AYES:
Mayor:
Council members:
NOES:
Derrick Ford Freeman, Mayor
ATTEST:
City Secretary
EXHIBIT "A"
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EXHIBIT "B"
CONTRACT FOR THE PURCHASING OF
305/70R22.5 TIRES
FOR THE CITY OF PORT ARTHUR'S TRANSIT DEPARTMENT
THIS AGREEMENT, made this day of , 2017, by and
between the City of Port Arthur, a municipal corporation organized under the laws of the State
of Texas, hereinafter called "OWNER" or "CITY" and Southern Tire Mart of Columbia,
Mississippi, herein acting by and through hereinafter
called "CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from for one (1) year from the date stated on the Notice
to Proceed, with an option to renew for two (2) additional one (1) year periods, unless
sooner terminated under the provisions hereof. The City can terminate this contract at its
convenience which includes, but is not limited to, funding not being available in any
budget cycle with fifteen (15) days written notice.
2. During, the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor in the
Specifications.
3. The CONTRACTOR agrees to perform all the work described in the specifications
and contract documents and to comply with the terms therein for the amount of
$445.00 Per Unit.
4. The term "Contract Documents" means and includes the following:
A. Agreement
B. Information for Bidders
C. Bid
D. General Conditions
E. Specifications
F. Addendum
G. Notice to Proceed
5. This Agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
Page 1 of 2
6. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their
duly authorized officials,this Agreement in(2 copies)each of which shall be deemed an
original on the date first above written.
Signed on the day of , 2017.
ATTEST CITY OF PORT ARTHUR
BY:
City Secretary Brian McDougal, City Manager
Signed on the day of , 2017.
CONTRACTOR
SOUTHERN TIRE MART OF COLUMBIA, MS
BY
Print Name:
Title:
Page 2 of 2
DERRICK FREEMAN"PRINCE,MAYOR BRIAN MCDOUGAL
RAYMOND SCOTT,JR,MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: City of SHERRI BELLARD,TRMC
A CITY SECRETARY
TIFFANY HAMILTON
MORRIS ALBRIGHT,III VAL TIZENO
KEITH RICHARD a J't J't n u r CITY ATTORNEY
WILLIE"BAE"LEWIS,JR.
OSMAN SWATI Texas
CHARLOTTE MOSES
KAPRINA RICHARDSON FRANK
JANUARY 17, 2017
INVITATION TO BID
TIRES FOR TRANSIT BUSES
DEADLINE: Sealed Bid submittals must be received and time stamped
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, February 1, 2017. (The clock located in the City Secretary's office will be the official
time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, February 1, 2017 in the City Council
Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P17-018
DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid should be directed in writing to:
City of Port Arthur, TX
Yolanda Scypion-Goudeaux, Purchasing Assistant
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Acting Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street' Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS
SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the
City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Acting Purchasing Manager
Page 2 of 30
INVITATION TO BID
TIRES FOR TRANSIT BUSES
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State, Zip Code: Date:
Page 3 of 30
SPECIFICATIONS FOR
TIRES FOR TRANSIT BUSES
This contract will be one (1) year. The City may renew this contract at the original bid price for a period of two
(2) additional one (1) year periods.
Delivery of the Tires will be as needed Monday thru Friday from 8:00 A.M. thru 5:00 P.M. The vendor will
deliver to the Transit Department located at 320 Dallas Avenue, Port Arthur TX.
The successful vendor will be required to make part warranty adjustments by 9:00 AM of the next business day.
Failure to meet this specification shall constitute default and the City will reserve the right to terminate said
contract.
Bids will be considered only from manufacturers who are and have been engaged in large-scale production of
tires and tubes as their principle occupation. Only those manufacturers will be considered who are fully
equipped in both manpower and equipment to service, change, repair and make adjustments on all tires and
tubes utilized on City Equipment.
Orders will be made in such quantities and at such periods, as they may be needed. The successful bidder shall
be required to have in stock sufficient quantities and range of sizes to supply the reasonable demands of the
City. The successful vendor will be required to meet a three (3) business day delivery schedule.
The brands shown below is to indicate minimum acceptable standards. Bidder's products must meet the
established minimum standards and shall assure they are first line products, not discontinued, blemished or
obsolete merchandise; identical in quality with regular stock products sold to the retail trade. All tires must be
marked as required by the U.S. Department of Transportation to insure that the tire conforms to the required
safety standards.
TIRE BRAND TIRE SIZE
Goodyear Metro Miler G152 B305/70R22.5
The fleet has ten(10)buses.
SUBMIT THE FOLLOWING PAGES WITH BID
Contractor must submit Page 5 and 11 of the federal clauses attached as Appendix A. Bid will be
rejected if these signed pages are not submitted with the bid.
a. Pages 5 -7 and 10-12
b. Page 8-9 only if there is a conflict of interest
Page 4 of 30
CITY OF PORT ARTHUR, TEXAS.,
BID SHEET
BID FOR: Tires for Transit
BID DUE DATE: February 1, 2017
UNIT COST
B305/70R22.5 TIRE FOR TRANSIT Continental Urban Transit HA3#0514065 $445.00
Southern Tire Mart, LLC 800 Highway 98
COMPANY NAME STREET ADDRESS
S 'NATURE OF BIDDER P.O. BOX
Richard Conwill Columbia, MS 39429
PRINT OR TYPE NAME CITY STATE ZIP
Director of Government Sales 877-786-4681
TITLE AREA CODE TELEPHONE NO.
rconwill@stmtires.com 214-389-7111
EMAIL FAX NO.
Page 5 of 30
CITY OF PORT ARTHUR, TEXA„
NON-COLLUSION AFFIDAVIT
COLUMBIA
CITY OF PORT ARTHUR §
MISSISSIPPI §
STATE OF TEXAS
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation,
partnership or institution represented by the signatory or anyone acting for the firm bidding this project
has violated the antitrust laws of this State, codified at Section 15.01 , et seq., Texas Business and
Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made
to any competitor or any other person engaged in the same line of business, nor has the signatory or
anyone acting for the firm, corporation or institution submitting a bid committed any other act of
collusion related to the development and submission of this bid proposal.
Signature:
Printed Name:
Richard Conwill
Title: Director of Government Sales
Company:
Southern Tire Mart, LLC
Date: 1/23/2017
SUBSCRIBED and sworn to before me by the above named�yO'1(��(L Nwi\l on this the )r`1
day ofJ(tnun rLj , 20 1
ocoA Notary Public in and for the
,� s�o N:921orei
State of Texas Mississippi
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Page 6 of 30
AFFIDAVIT
All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer
of the company whose signature is binding.
The undersigned offers and agrees to one of the following:
1 I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as.they become due.
Southern Tire Mart,LLC 1/23/2017
Firm Name Date
Director of Government Sales
Authorized Signature Title
Richard Conwill 877-786-4681
Name (please print) Telephone
rconwill@stmtires.com
Email
STATE: Mississippi
COUNTY: Marion
SUBSCRIBED ANDMSWORN to before me by the above named Richard Conwill
on this the a5r 1 day od( (mn)'t , 20 11 .
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Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
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etro Service All - Position
Continental offers the right tire for every application and type of terrain. Whether you need
to take the highway, regional roads, city traffic or even venture off road, our premium tires for
trucks and buses are engineered to suit your specific application needs-
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Scan code or visit ❑ ?-� - ❑
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Commercial Vehicle Tires I www.continental-truck.com product information. ❑
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Metro Service All-Position rJ
• Increased sidewall gauge for improved resistance against curbing, cuts and abrasions.
• New urban tread compound for prolonged mileage performance with excellent driving characteristics.
• Comfortable ride for driver and passengers through extremely quiet running tread.
• Durable casing for premium retreadability and enhanced mileage.
• Sidewall wear indicator for visual cue to trigger rotation.
7 Applications Segment
Urban steer/ People
all-position,
city bus use.
MAX.LOAD@INFLATION
Static Overall Overall Loaded Minimum Single Dual
Loaded Inflated Inflated Section Dual Rev= Tire
Tread Max Radius Diameter Width Width Spacing Per Weight
Tire Load Article Depth Speed IN IN IN IN Approved IN Mile LB LBS PSI LBS PSI
Size Range Number (32nds) (MPH)S (MM) (MM) (MM) (MM) Rim(s) (MM) (KM) (KG) (KG KPa) (KG KPa)
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TUBELESS TIRES ON 15 DEGREE DROP CENTER RIMS I
305170R22.5* L 05140650000 23 68 18.6 39.9 11.6 12.6 9.00,8.25 13.5 519 130 7830 130 6940 125 c�
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(473) (1014) (294) (320) (343) (322) (59) (3550 900) (3150 860) `ri
Note-Rim listed first is the measuring rim.Minimum Dual Spacing calculated without chains.'-ECE Certified fi-Exceeding the lawful speed limit is neither recommended nor endorsed.Overall
widths will change 01 inch(25 mm)for each 1/4 inch change in rim width.Minimum dual spacing should be adjusted accordingly.Continental Tire the Americas.LLC reserves the right to U
change product specifications at any time without notice or obligations.Please consult rim manufacturers load and inflation limits.Never exceed nm manufacturers limits without permission
of component manufacturer
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code. by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1). Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006. Local Government Code. An
offense under this section is a misdemeanor.
J Name of vendor who has a business relationship with local governmental entity.
1 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
I t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
I Name of local government officer about whom the information is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes n No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes No
Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
fl Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
j
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
3..
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds$2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor;
(B) has given to the local govemment officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 9 of 30
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port
Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package.
All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING
EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE THESE
EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the
bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance
with the specifications of the invitation. The City reserves the right to accept any and all or none of the
exception(s)/substitutions(s) deemed to be in the best interest of the City of Port Arthur.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these
specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid.
The City reserves the right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best interest.
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall
deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid
is within 5% of the lowest bid price, as provided by Section 271.905 of the Texas Government Code.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be
equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response
to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
Page 13 of 30
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The
City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure
to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's
responsibility to check for any addendums that might have been issued before bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port
Arthur as its principal place of business must have an official business address (office location and office
personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or
the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or
interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each
item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful
bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit, P.O. Box 1089,
Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax; therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,
orders, regulations and codes of the federal, state and local governments relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer,
employee or agent of the City who exercises any functions or responsibilities in connection with the planning
and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract;
and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City
from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or
any money to the City until such debts are paid or until satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT included as part of this ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
Page 14 of 30
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is
specifically advised that the written bid proposal will prevail in the determination of the successful bidder.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish releases or receipts for any or all persons performing work and supplying material or service to the
Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its
interests.
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a
result of his fault or negligence in connection with the work performed until completion and final acceptance by
the City.
Page 15 of 30
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any
sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur
written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury $500,000_single limit per occurrence or $500,000 each
person/$500,000 per occurrence for contracts of$100,000 or less; or
Bodily injury $1,000,000 single limit per occurrence or $500,000 each
person/$1,000,000 per occurrence for contracts in excess of$100,000; and,
b. Property Damage $100,000 per occurrence regardless of contract amount; and,
c. Minimum aggregate policy year limit of$1,000,000 for contracts of
$100,000 or less; or, Minimum aggregate policy year limit of$2,000,000
for contracts in excess of$100,000.
3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles
coverage's).
a. Minimum combined single limit of$500,000 per occurrence, for bodily
injury and property damage.
b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per
occurrence for bodily injury and $100,000 per occurrence for property damage.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration dates) and to date and sign and do all other things necessary to complete and make into valid
certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor (s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract.
Page 16 of 30
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,
the time may be extended by mutual agreement between OWNER and CONTRACTOR.
CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday
through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor.
WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the
prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are
minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform
themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for
employment are not discriminated against because of race, color, religion, sex, age or national origin.
Page 17 of 30
1. FLY AMERICA REQUIREMENTS
Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that
recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for
U.S Government-financed international air travel and transportation of their personal effects or property, to the
extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or
memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was
necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that
may involve international air transportation.
2. BUY AMERICA REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general
waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and
software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11.
Rolling stock must be assembled in the United States and have a 60 percent domestic content.
3. CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag
commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,
dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-
Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date of leading for shipments
originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in
English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel.
4. ENERGY POLICY AND CONSERVATION ACT
The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the
State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.
Section 6321 et seq.).
5. CLEAN WATER ACT
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
Page 18 of 30
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100.000 financed
in whole or in part with Federal assistance provided by FTA.
6. RESTRICTIONS ON LOBBYING
(a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in
Section 319 of Public Law 101-121, as implemented by the Department of Transportation in 49 C.F.R. Part
20, and as those authorities may be hereafter amended.
(b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the
Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority.
7. ACCESS TO RECORDS
The following access to records requirements apply to this Contract:
• Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the
Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
• Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator
or his authorized representatives, including any PMO Contractor, access to the Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified acquisition threshold
currently set at$100,000.
• Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General
of the United States or any of their duly authorized representatives with access to any books, documents,
papers and record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
• Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)1) through other than competitive bidding, the Contractor shall make available records related to
the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
• The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
Page 19 of 30
• The Contractor agrees to maintain all books, records, accounts and reports required under this contract
for a period of not less than three years after the date of termination or expiration of this contract, except
in the event of litigation or settlement of claims arising from the performance of this contract, in which
case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
General, or any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
• FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract Contract Operational (Turnkey Construction Architectural Acquisition Professional
Characteristics Service Engineering of Rolling Services
Contract Stock
a.Contracts below Those imposed
SAT($100,000) None onstate
to pass None None None None
I.State
Grantees Contractor
b.Contracts above None Those imposed Yes,if non-competitive None unless None unless non-
$100,000/Capital unlesslnon- on state pass None unless non-
award or if funded non-competitive competitive
Projects competitive thru to thru25307/5309/5311 competitive award award award
award Contractor
II.Non State a.Contracts below Those imposed
Grantees SAT($100,000) on non-state
Yes3 Grantee pass Yes Yes Yes Yes
thru to
Contractor
b.Contracts above Those imposed
$100,000/Capital on non-state
Projects Yes3 Grantee pass Yes Yes Yes Yes
thru to
Contractor
Sources of Authority
1. 49 USC 5325(a)
2. 49 CFR 633.17
3. 18 CFR 18.36(i)
8. FEDERAL CHANGES
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the Master
Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time
during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this
contract.
9. CLEAN AIR
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
Page 20 of 30
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
10. RECYCLED PRODUCTS
Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the
Resource Conservation and Recovery Act(RCRA), as amended(42 U.S.C. 6962), including but not
limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply
to the procurement of the items designated in Subpart B of 40 CFR Part 247.
11. DAVIS-BACON ACT (40 USC 4 3141-3148 (2002)
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work(or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such payroll deductions as are permitted
by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the Secretary of Labor
which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made
or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in
more than one classification may be compensated at the rate specified for each classification for the time
actually worked therein: Provided, That the employer's payroll records accurately set forth the time
spent in each classification in which work is performed. The wage determination (including any
additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officershall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria
have been met:
1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the
classification requested is not performed by a classification in the wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination; and
Page 21 of 30
4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which
the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classification action within 30 days
of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the contracting officer
or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor
has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon
Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in
the wage determination and which is to be employed under the contract shall be classified in
conformance with the wage determination. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefor only when the following criteria have been met:
1. The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
2. The classification is utilized in the area by the construction industry; and
3. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the contracting officer agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the
contracting officer to the Administrator of the Wage and Hour Division, Employment Standards
Page 22 of 30
Administration, Washington, DC 20210. The Administrator, or an authorized representative, will
approve, modify, or disapprove every additional classification action within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the contracting officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the contracting officer shall
refer the questions, including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination with 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in the classification.
(2) Withholding- The [ insert name of grantee] shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be considered necessary to
pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or
any subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the contract, the [ insert
name of grantee] may, after written notice to the contractor, sponsor, applicant, or owner, take such
action as may be necessary to cause the suspension of any further payment, advance, or guarantee of
funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by
the contractor during the course of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937,
or under the Housing Act of 1949, in the construction or development of the project). Such records shall
contain the name, address, and social security number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-
Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records
which show that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the
applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to the [ insert name of grantee ] for transmission to the Federal Transit
Page 23 of 30
Administration. The payrolls submitted shall set out accurately and completely all of the information
required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information
may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be
purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
1. (1) That the payroll for the payroll period contains the information required to be maintained under
section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete;
2. (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
3. (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required
by paragraph(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the Federal
Transit Administration or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension of
any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records
upon request or to make such records available may be grounds for debarment action pursuant to 29
CFR 5.12.
(4)Apprentices and trainees - (i)Apprentices - Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
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determination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified
in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be
paid at not less than the rate specified in the registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the wage determination for the applicable classification. If the
Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance
with that determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program,
the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on
the job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program
for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall
be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of
the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe
benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the event the Employment and Training
Administration withdraws approval of a training program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii)Equal employment opportunity- The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements
of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by
appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any
subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
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(7) Contract termination: debarment -A breach of the contract clauses in 29 CFR 5.5 may be grounds
for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of
the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it
(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
12. CONTRACT WORK HOURS AND SAFETY STAND-ARDS ACT—OVERTIME COMPENSATION
1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the
clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible
therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be
liable to the United States for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar
day on which such individual was required or permitted to work in excess of the standard workweek
of forty hours without payment of the overtime wages required by the clause set forth in paragraph
(1) of this section.
3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee)
shall upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work performed
by the contractor or subcontractor under any such contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime contractor, such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid
wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section.
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4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth
in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs
(1)through(4) of this section.
13. No GOVERNMENT OBLIGATION TO THIRD PARTIES
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
14. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986,
as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying
contract or the FTA assisted project for which this contract work is being performed. In addition to
other penalties that may be applicable, the Contractor further acknowledges that if it makes, or
causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the
Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies
Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally
awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to
impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent
the Federal Government deems appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
15. DEBARMENT&SUSPENSION
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This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required
to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at
49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to
comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by {insert agency name}.
If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in
addition to remedies available to {insert agency name}, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to
comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
16. PRIVACY ACT
1. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the
Contractor and its employees that administer any system of records on behalf of the Federal
Government under any contract: The Contractor agrees to comply with, and assures the compliance
of its employees with, the information restrictions and other applicable requirements of the Privacy
Act of 1974,
5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on behalf of
the Federal Government. The Contractor understands that the requirements of the Privacy Act,
including the civil and criminal penalties for violation of that Act, apply to those individuals
involved, and that failure to comply with the terms of the Privacy Act may result in termination of
the underlying contract.
2. The Contractor also agrees to include these requirements in each subcontract to administer any
system of records on behalf of the Federal Government financed in whole or in part with Federal
assistance provided by FTA.
7. CIVIL RIGHTS
1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §
2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49
U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant
for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the
Contractor agrees to comply with applicable Federal implementing regulations and other
implementing requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity requirements apply
to the underlying contract:
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1. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act,
as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq .,
(which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended
by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes,
executive orders, regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the Project. The Contractor agrees to take affirmative
action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition,the Contractor agrees to comply with any implementing requirements FTA may issue.
3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended,
42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in
part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties
18. DISADVANTAGED BUSINESS ENTERPRISE(DBE)
a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business
Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to
participate in the performance of con- tracts financed in whole or in part with Federal funds under
this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract.
b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT
approved Disadvantaged Business Enterprise (DBE) program are incorporated in this contract by
reference. Failure by the Contractor to carry out these requirements is a material breach of the
contract, which may result in the termination of this contract or such other remedy, as the Authority
deems appropriate.
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19. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in
part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the
preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions contained in
this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply
with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA
terms and conditions.
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EXHIBIT "C"
BUY AMERICA CERTIFICATION
The Proposer shall submit to the FTA recipient the appropriate Buy America certification (below) with all
Proposals or offers on FTA-funded contracts, except those subject to a general waiver. Proposals or offers that
are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This
requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products.
Certificate of Compliance with 49 U.S.C. 532301(1)
The bidder or offeror hereby certifies that it will meet the requirements
of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part
661.5.
Date 1/23/2017
Signature /
Company Name Southern Tire Mart,LLC
Title Director of Government Sales
Certificate of Non-Compliance with 49 U.S.C. 53230)(1)
The bidder or offeror hereby certifies that it cannot comply with the
requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may
qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A),
5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
Page 10 of 30
Certification requirement for procurement of buses, other rolling stor-k and associated equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder or offeror hereby certifies that it will comply with the
requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations at 49
C.F.R. Part 661.11.
Date
Signature
Company Name
Title
Certificate of Non-Compliance with 49 U.S.C. 5323(/)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the
requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11, but
may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A),
5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.
Date
Signature
Company Name
Title
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CERTIFICATION REGARDING LOBBYII
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding S100,000)
The undersigned[Contractor]certifies, to the best of his or her knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying
contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions [as
amended by "Government wide Guidance for New Restrictions on Lobbying"61 Fed. Reg. 1413 (1/19/96). Note: Language in
paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to
be codified at 2 U.S.C. 1601, et seq.)]
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certifr and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil
penalty of not less than S10,000 and not more than$100,000 for each such failure.
[Note:Pursuant to 31 U.S.C. §1352(c)(1)-(2)(A), any person who makes aprohibited expenditure or fails to file or amend a required
certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such
expenditure or failure.]
The Contractor, Southern Tire Mart,LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
Signature of Contractor's Authorized Official
Richard Conwill,Director of Government Sales Name and Title of Contractor's Authorized Official
1/23/2017 Date
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