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HomeMy WebLinkAboutPR 20853: CONTRACT WITH AGAPE CLEANING ENTERPRISES SERVICE City of Port Arthur Transit Department Memorandum Date: July 11,2019 To: Rebecca Underhill,Interim City Manager Cc: Ron Burton,Assistant City Manager From: Craty Nellison,Administrative Support Supervisor Cc: Ivan Mitchell,Transit Director Re: Proposed Resolution:No.20853 COMMENTS Recommendation: The Transit Department is requesting that the City Council authorize the City Manager to enter into a one-year contract for Janitorial Services at the transit facilities with Agape Cleaning Enterprises Service of Houston, Texas, in an annual not to exceed amount of$27,600.00. Background: Purchasing solicited quotes from various vendors. Four (4) bids were received and, opened on May 29, 2019 from the following FOUR(4) bidders: Agape Cleaning Enterprises of Houston, TX $27,600.00 (annual) Quest Maintenance Service of Beaumont, TX $64,676.64 (annual) Webb's Professional Janitorial of Houston, TX .$42,000.00 (annual) Diamond Shine Building Services of Port Arthur, TX $82,104.00 (annual) Bu 'ng and Fiscal Effect: Funding is available within Transit Budget Account Number 40 -1501 61.59-00—Other Contractual Service. Summary: The Transit Department is requesting that the City Council authorize the City Manager to enter into a Janitorial Services contract for the Transit Facilities with Agape Cleaning Enterprises of Houston, Texas, in an annual not to exceed amount of $27,600.00. Agape Cleaning Enterprises was the lowest and most responsive bid received. P.R. No. 20853 07/05/2019 CN RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND AGAPE CLEANING ENTERPRISES SERVICE OF HOUSTON, TEXAS FOR JANITORIAL SERVICES AT THE PORT ARTHUR TRANSIT FACILITIES, IN AN ANNUAL NOT-TO-EXCEED AMOUNT OF $27,600.00. FUNDS AVAILABLE IN TRANSIT ACCOUNT NUMBER 401-1501-561.59-00—OTHER CONTRACTUAL SERVICE WHEREAS, there is a need to obtain janitorial service for the Transit Division facilities; and, WHEREAS,the specifications were e-mailed to various vendors according to the City of Port Arthur's Purchasing Policy with four (4) quotes received, a copy of the bid tabulation is attached as Exhibit"A"; and, WHEREAS, Agape Cleaning Enterprises Service of Houston, Texas, was the lowest and most responsible bidder, with an annual amount of$27,600.00; and, WHEREAS,Agape Cleaning Enterprises has committed to allocate eight percent(8%)of the total cost of the contract to Disadvantage Business Enterprise (DBE), attached as Exhibit"B". NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the facts and opinions in the preamble are true and correct. THAT,the City Manager is hereby authorized to enter into a one-year contract between the City of Port Arthur and Agape Cleaning Enterprises Service of Houston, Texas, for janitorial services for the Transit Division facilities in an annual not to exceed amount of $27,600.00, in substantially the same form as attached hereto as Exhibit"C". THAT,this agreement can be terminated if funds are not available in any fiscal year within thirty (30) days notice being given to Agape Cleaning Enterprises Service of Houston, Texas. THAT, a copy of the caption of this Resolution is spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED,this day of July, A.D., 2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman"Bill" Bartie, Mayor ATTEST: Sherri Bellard City Secretary APPR 1 VE I AS TO FORM: /' QA bl G1o/7- 6� Val: ra R/ izeno City Att• ey APPROVED FOR ADMINISTRATION: Rebecca Underhill Interim City Manager Ivan Mitchell Transit Director APP ' i ED AS TO THE AVAILABILITY OF FUNDS: 401 ! ' 561.59-00 1S' `It< Kandy Daniel Interim Director of Finance Clifton Williams, CPPB Purchasing Manager Exhibit "A" / � / GGG $ . . 1(4-;:) o \ 4I El § & b � � « : 19 H » R \ 20` ] ± \ 2 = • \\ 5- E ; E , ; -. E ' n® ƒ L . 5 ; #2 - � . ( § . / . 2A 7f«# 7 ® \ dd@ ` ma . \ kkk Eo &� CD ■ R � % / 0 � Q [ # eee tea ) ; ,;%4@@7 \ 0i E2@g , « \ kkk \ / v.q f \ \ , @ §ƒ ? I / kkj \ �to � 2 i 2 ) k © 0 ■ /7 ? @& � � ) F. M \ \ Cr, E. § � 2t4@ 12)cr / .. \, Q I k ms ; © & Io0A - X34, Eq § %0 ,-r.. 0 »» _# -3 # § Mq 0a7/ ' o 2 .... & ¢ \ § $ \ } 4 $ = a ? � _ Cl) iEa g 7� «n @7. 0/ CM »�2» - o 0. § \ § \ r) A & = cb6 , e01 ocoo ^- CO ff .4� tl/NJ \ § S Sas / @ k ■ : `a ?w 0. ■ . _n e_ � • , , CA - = � � -® SIA R ■ k §/ k 2 t $ $ a $ ■ 2 Exhibit " B" f. Disadvantaged Business Enterprise(DBE) Program Commitment Agreement Form This commitment is subject to the award and receipt of a signed contract from Port Arthur Transit (PAT). Project # (if applicable): Items of work to be performed (attach a list of work items if more room is required): Total Commitment Amount % $ The contractor certifies by signature on this agreement that subcontracts will he executed hen%een the prime contractor and the I)l3I:subcontractors as listed on the agreement form. IMPORTANT: The signatures of the prime contractor and the DBE, and the total commitment amount must always be on the same page. • Prime Contractor: Name/Title (please print): Agape Cleaning Enterprises,Inc. Richard Intrau/President 6340 N Eldridge Pkwy,Suite N#434 Signature: Address: Houston,TX 77041 _ Phone: 832-814-8262 E-mail: Richard@AgapeClean.net I Date: 7/2/19 DBE: I Name/Title (please print): Webbs Professional Janitorial Services ( David Webb 2140 E l lth Street Signat e: Address: Port Arthur,TX 77640 Phone: 409-229-0504 E-mail: webb.floorbuffingandcarpet@yahoo.com Date: 7/2/19 Subcontractor (if the DBE will be a second tier sub): J Name/Title (please print): Signature: Address: Phone: E-mail: i Date: Exhibit "C" City of Port Arthur Transit Department Janitorial Services Contract THIS AGREEMENT,made this day of ,2019,by and between the City of Port Arthur,hereinafter called:"OWNER"or"CITY",and Agape Cleaning Enterprises Service of Houston, Texas hereinafter called"CONTRACTOR"agrees as follows: WITNESSETH: That for, and in consideration of payments, terms, conditions, and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this CONTRACT shall be for one (1) year from the date stated on the Notice to Proceed,unless sooner terminated under the provisions hereof. The CITY reserves the right to terminate this contract at its convenience which includes, but is not limited to; funding not being available in any budget cycle within thirty(30) days written notice. 2. The CONTRACTOR agrees to perform all work described in the specifications, contract documents and comply with the terms therein in the not to exceed monthly amount of$2,300.00 ($27,600.00 annually). 3. The term"Contract Documents"means and includes the following: (A) Agreement (B) BID (C) General Information (D) Specifications (E) Addendum 4. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 5. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies of which shall be deemed an original on the date first written above. Signed on the day of , 2019. CITY OF PORT ARTHUR By: Rebecca Underhill Interim City Manager ATTEST: Sherri Bellard City Secretary Signed on the day of , 2019. CONTRACTOR: AGAPE CLEANING ENTERPRISES SERVICE By: Print Name: Title: . WITNESS: Signature Print Name CITY OF PORT ARTHUR, TEXAS -- :.� ADDENDUM NO. ONE (1) ur1 r1Ler. May 20, 2019 Bid Proposal For: JANITORIAL SERVICE AT TRANSIT The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows: 1. Disregard the term"as requested by Transit Management" in the bid. 2. We will have the floors cleaned so we do not need the one time clean. 3. We may do month to month if necessary after the one year until the renovations are completed. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifto Wilhams, CPPB Purchasing Manager —19 Signature of Proposer Date ,,. P19-049 City of GCITY OF PORT ARTHUR � A 4 QUOTE SHEET n rr rt h u r (Specifications are attached) letas Date of Request: May 10, 2019 Department Requesting Quote: Transit Pre-Bid Date May 16, 2019 @ Transit Admin Building, 344, Procter St., Port Arthur, TX Services Needed: Janitorial Transit Quote Due Date & Time: Wednesday, May 22 by 1:00 P.M. Delivery: Quotes are to be faxed to (409) 983-8291, E-mailed to Clifton.williams@portarthurtx.gov Delivered to the Purchasing Div., 2nd floor, City Hall. Questions, Please contact: Clifton Williams, Purchasing Manager. Clifton.williams@portarthurtx.gov DESCRIPTION UOM QTY UNIT COST TOTAL COST Administration Building Months 12 $ g .---.0 •G a $ f 0 cA00 — Service Center Months 12 $ 7 7s"-G $ ? Sod Qv Terminal Months 12 $ 7D. o $ /e,D ./ '1G,' ' C_ :.i - ,, ae/Se= •. - ompany Name Signature -- 41, 4,01 .,:c/44 —cri24aZ Printed Name Phone 63IO/V.62,AXi.,6 ) &,5 S�/I/Z35Z Address / Fax GeSYI/►./ 24--AS' 776fit/ Ar -X • • -6:P- , /I/6-7"" City,State,Zip E-mail C-,� a)Ga s-c, ? Clifl�e�n Williams,CPPB,Purchasing Manager Date Page 1 of 30 P19-049 SPECIFICATIONS FOR THE TRANSIT DEPARTMENT SERVICES CENTER AND TRANSIT TERMINAL SCOPE OF SERVICES: To set forth the requirements and conditions for performing Janitorial/Cleaning services for locations listed below. The bidder shall perform the required services in all areas and shall be qualified to furnish a complete and efficient custodial service, including all labor, supervision, cleaning materials and equipment. The successful bidder(s) shall be prepared to perform each task as stated according to the work schedule. Janitorial Services shall be provided (5) nights weekly, Monday through Friday. ALL regular scheduled NIGHT cleaning listed below MUST be done during the hours of 5:45 p.m. - 8:00 p.m. CONTRACT PERIOD: The term of this contract shall be for one Q years. This contract is federally funded through the Federal Transit Administration. Bidders are advised to review and sign off on the enclosed federal required contract clauses. AREAS TO BE CLEANED: Administration Building 344 Procter Street- Approximately 4353sq ft, Transit Terminal, 300 Procter- Approximately 3,000 sq ft, Transit Service Center, 320 Dallas Avenue-Approximately 14,500 sq ft. EMPLOYEES: The supervisors' and employees' names and telephone number and number/cell phone, if applicable, must be submitted before the contract begins. Contractor shall supply sufficient employees to maintain the buildings as required in these specifications. Personnel performing work under this contract shall be direct employees of the Contractor. The Contractor must ensure that all personnel assigned to this work site have at least one year's experience in the janitorial services industry, either with the contractor or another janitorial company. Should the maintenance of the building deteriorate, the Contractor will be notified, in writing, and steps shall be taken by the Contractor to correct all problems. If the situation has not improved after a reasonable length of time, the Contractor shall be in violation of the contract and appropriate action shall be taken to rescind the contract. The City of Port Arthur shall have the right to require the dismissal from the premises covered by the contract any employee(s) whose conduct is improper, inappropriate, or offensive as determined by the City of Port Arthur. Any employee so dismissed from working on this contract shall not be allowed to return to the premises without the written consent of the City. Personnel not employed by the Contractor (including minors not employed by the contractor) shall not be permitted on the work premises. INSPECTIONS: The quality of the janitorial services performed under this contract shall be observed. Unscheduled job-site inspections will be performed by the City Representative. Any deficiencies or unsatisfactory performance shall be noted, and corrective action by the Contractor will be required. Continued failure to abide by the City's specifications will be grounds for termination of the contract. A minimum of one (1) monthly daylight inspection will be made by the City Representative and Contractor's representative. REFERENCES/EXPERIENCE: Each Bidder shall submit a list, with their bid, of commercial references for their performance of similar janitorial services. Preferred references are those of similar size and scope of work performed within the past twelve months. Please include name, address, and telephone number of business along with the name and Page 2 of 30 P19-049 title of the person to contact. Bidder shall have a minimum of five (5) years of documented janitorial service experience. The Contractor is responsible for instructing his/her employees on appropriate safety measures, including but not limited to safe use of all chemicals, materials and supplies used to perform these services. Walkways and halls shall be kept free of unattended mops, brooms, machines and other tools. "Wet floor" signs shall be displayed in areas being wet or damp mopped. Signs shall be removed and stored after floors have dried. The contractor shall accompany a Designated City Employee on a tour throughout the areas to receive this janitorial service to establish and mutually agree upon the condition of surfaces, fixtures, furnishings and other City and personal property before starting work on this contract. Surfaces, fixtures or furnishings subsequently damaged by the contractor's employees shall be replaced or repaired to original condition, at no cost to the city. The contractor shall obtain and maintain in effect throughout the duration of this contact, all insurance required by the City of Port Arthur. SECURITY NOTE: Bidder will be held responsible for securing all entrances as well as disarming and rearming the Building's Electronic Security/Fire Alarm System. QUALITY ASSURANCE: Providing Transit Management with a Janitorial Services compliance checklist, bi-weekly, will be a requirement in meeting contract specifications and payment. CLEANING SERVICES NOT REQUIRED BY BIDDERS: Bidder will not be required to clean or maintain maintenance storage office, located within the garage area of the building. Admittance into the maintenance storage office is restricted. Bidder will not be required to clean or maintain Coin Changer Room located in maintenance main office area. Admittance into this area is restricted. SUPPLIES FURNISHED BY CONTRACTOR: Contractor shall furnish all materials, supplies and equipment including, but not limited to, paper towels, toilet tissue, hand soap, deodorant blocks, bowl cleaner, wax remover and wax, dust mops, damp mops, brooms, buffer, vacuum cleaners, cloths, and anything else pertaining to cleaning as well as plastic liners for trash wastebasket containers. PRODUCT RESTRICTIONS: ENDUST is not to be used at any time for any reason in the Transit Service Center and Transit Terminal — NO EXCEPTIONS. No harsh cleaners shall be used on wallpaper or vinyl walls. Do not use furniture polish on any metal surface. PRODUCT REQUIREMENTS: The Contractor shall furnish all materials Johnson's Over and Under(or equal) Johnson's Step Ahead (or equal) Franklin's Spray Buff concentrated film-forming restorer for Ultra high-speed maintenance,(or equal) Franklin's Disappear(or equal) Page 3 of 30 P19-049 PRODUCT REQUIREMENTS FOR CERAMIC TILE CARE MAINTENANCE: A general purpose cleaner. Buckeye Cirene Polishing Compound or approved (or equal). Excel Floor Finish or approved equal. Franklin Restore It or approved equal. NOTE: THE BURDEN OF PROOF PERTAINING TO EQUAL PRODUCT QUALITY OF REQUESTED MATERIALS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. The following definitions of terms shall be used in evaluating Janitorial services: Dusting-A properly dusted surface shall be free of all dirt and dust, dust streaks, lint, and cobwebs. Dusting shall be completed before vacuuming, sweeping/dust mopping. Sweeping/dust mopping-A properly swept or dust mopped floor shall be free of all dirt, grit, lint and debris. Vacuuming - A properly vacuumed carpet or floor shall be free of all dirt, dust, grit, lint and debris. All spots or stains shall be removed by the spot cleaning methods. The machine used to vacuum shall have adequate suction to lift dirt, grit and debris from the base of the carpet nap (3.5.amps or greater). All stains shall be removed immediately with an approved carpet cleaning solution in such a manner as to not leave rings or discoloration. Wet mopping - A properly wet mopped floor shall be free of all dirt, dust, grit, and debris. Fresh water, to which odorless detergent or cleaning agent has been added, shall be used with a sponge-type mop to removes all dirt and marks. Most of the water shall be squeezed from the mop prior to its application to the floor surface, to prevent free-flowing water from being applied to the floor. Damp mopping - A properly damp mopped floor shall be free of all dirt, dust, grit, marks and debris. Fresh water, to which an odorless detergent or cleaning agent has been added, shall be used with a sponge-type mop to remove all dirt and marks. Most water shall be squeezed from the mop prior to its application to the floor surface,to prevent free-flowing water from being applied to the floor. Glass cleaning - A properly cleaned glass/mirror surface shall be free of streaks dust film, deposits, debris, and stains shall have a uniformly bright appearance. All adjacent surfaces shall be wiped clean. Glass windows, doors and walls shall be cleaned both sides. Floor waxing, buffing- A properly waxed and /or buffed floor shall be free of dirt, dust marks, streaks, debris, built—up wax, and standing waters, and shall have a uniformly bright, lustrous appearance Sinks water fountain cleaning— these fixtures and their hardware, when properly cleaned, shall be free of all deposits, stains, streaks, film, and debris and shall be dry polished to a uniformly bright appearance. Plumbing- fixture, restroom stall, wall, floor cleaning- these restroom surface, when properly cleaned, shall be free of all deposits, stains, streaks, film, odor, debris, and germs. CONTRACTOR SHALL PERFORM THE FOLLOWING SPECIFIC ITEMS OF WORK UNDER THIS CONTRACT: (Transit Manager may request additional cleaning if needed) DAILY SERVICES- FIVE (5) TIMES PER WEEK(MONDAY THROUGH FRIDAY): ADMINISTRATIVE OFFICE CONFERENCE AND DRIVER'S ROOM: All floor surfaces will be swept and/or vacuum all title floors and buff all floors, including office restrooms, with a 1300 rpm high speed buffer. Page 4 of 30 P19-049 All scuff marks will be cleaned. Clean all furniture to include desks, tables, chairs, file cabinets, bookshelves and telephones taking care not to disturb papers left on desks. Clean and wash all Formica counter tops thoroughly. Clean and polish daily (with stainless steel cleaner/non-abrasive cleaner) the rear office utility sink and faucet fixture. Clean doors, door frames, and Formica counter tops with a non—abrasive disinfected cleaner. All wall switches and area around the wall switches will be kept clean and free of spots, smudges and foreign. All trash receptacles will be emptied, disinfected and lined. Provide/replace trash can liners as required. Trash can liners shall be placed and replaced weekly at a minimum, or when they become stained, soiled or torn. Dispose of trash in outside dumpster provided by the City. Pick up any trash on floors. Damp mop with a CLEAN mop all floors as needed, special attention to the floor area next to walls, file cabinets, bookcases, etc. RESTROOMS AND SHOWERS: Restrooms/Shower floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting cleaner. Clean all mirrors. All restrooms/shower fixtures, including lavatory sinks, commodes, and urinals will be scoured and disinfected and kept free of scales at all times. All soap, towel, and tissue dispensers will be filled nightly. Clean doors,door frames, and Formica counter tops with a non—abrasive disinfected cleaner. Restroom wall and switches will be kept clean and free of spots, smudges and foreign. CONFERENCE ROOM: Conference room will be vacuum and dusted as needed. WEEKLY SERVICES: Clean ledges and window sills, and mini blinds in main offices. Lightly strip, wax, and buff all title floors. BI-WEEKLY SERVICES: Supervisor will monitor work and see that it is done to specifications. A compliance checklist will be submitted to Transit Management bi-weekly. STRAY BUFF EVERY TWO WEEKS ADMINISTRATION BUILDING. Stray buff Transit Terminal and restrooms, with a 1300 rpm high speed buffer. SEMI-ANNUALLY STRIP AND WAX ADMINISTRATION BUILDING. Strip, reseal, and wax all tile floors in the terminal and restrooms with a 1300 rpm high speed buffer. TRANSIT TERMINAL DAILY SERVICES-LOBBY WAITING AREA (MONDAY THROUGH FRIDAY) Page 5 of 30 P19-049 All floor surfaces will be swept and Mopped with water& required portion of a general purpose cleaner on a daily basis, additional cleaning maybe requested by Transit Management. Restore Floors with Franklin Restore It or approved equal and buff with a 1300 rpm high speed buffer as required after cleaning. All scuff marks will be cleaned. Clean and disinfect all table tops, seats and their metal frame assemblies 'on a daily basis, additional cleaning maybe requested by Transit Management. Drinking fountains will be cleaned and disinfected and all exposed metal shall be polished and kept free of foreign matter. Clean, dry polish water fountains with a stainless steel cleaner/ non- abrasive, odorless cleaner. Cleaning of the fountains should be done daily. Wipe clean walls, money changer facing, and trim, additional cleaning maybe requested by Transit Management. All glass doors leading into lobby, lower front glass pane windows, and glass display case doors will be cleaned to remove smudges and fingerprints. Clean doors, door frames with a non—abrasive disinfected cleaner Drinking fountain will be cleaned and disinfected and all exposed metal shall be polished and kept free of foreign matter. Clean, dry polish water fountain with a non-abrasive,odorless cleaner. Empty and reline trash containers with new liners. RESTROOMS: All floor surfaces will be swept and Mopped with water&required portion of a general purpose cleaner on a daily basis, additional cleaning maybe requested by Transit Management. Restore Floors with Franklin Restore It or approved equal and buff with a 1300 rpm high speed buffer as required after cleaning. Clean all mirrors. All restroom fixtures, including lavatory sinks, commodes, and urinals will be scoured and disinfected and kept free of scales at all times. All soap, towel, and tissue dispensers will be filled nightly. Clean doors, door frames, and Formica counter tops with a non—abrasive disinfected cleaner. Restroom wall and switches will be kept clean and free of spots, smudges and foreign. OUTSIDE TRASH RECEPTACLES(MONDAY THROUGH FRIDAY): Trash Receptacles are to be emptied daily. Change trash liners daily. OUTSIDE CANOPY WALKWAY AND DRIVEWAY(MONDAY THROUGH FRIDAY): Pick up trash daily, sweep, and hose down as needed, or as requested by Transit Management. MECHANICAL AND SUPPLY ROOMS(WEEKLY): Sweep Floors. Damp mop with a CLEAN mop and buff vinyl tile floor in Supply Room. Clean utility sink in Mechanical Room. Clean cold-air return grill located on the outside wall of Mechanical Room. Page 6 of 30 P19-049 Keep the shelving in the Supply Room neat& orderly. Restore floor with Franklin Restore It or approved equal and buff with 1300 rpm high speed buffer as required after cleaning. BI-WEEKLY SERVICES FOR TRANSIT TERMINAL: Supervisor will monitor work and see that it is done to specification. A compliance checklist will be submitted to Transit Management bi-weekly. MONTHLY SERVICES FOR TRANSIT TERMINAL: Wash out and disinfect all Metal Trash Receptacles Liners (inside and outside) monthly, additional cleaning maybe requested by Transit Management. Strip, reseal and wax vinyl tile floor located in Supply Room. STRAY BUFF EVERY TWO WEEKS TRANSIT TERMINAL. Stray buff Transit Terminal and restrooms, with a 1300 rpm high speed buffer. SEMI-ANNUALLY STRIP AND WAX TRANSIT TERMINAL. Strip, reseal, and wax all tile floors in the terminal and restrooms with a 1300 rpm high speed buffer. TRANSIT SERVICE CENTER MAINTENACE RESTROOM AND DRIVERS ROOM All floor surfaces will be swept and/or vacuum all title floors and buff all floors, including office restrooms. All scuff marks will be cleaned. Clean all furniture to include desks, tables, chairs, file cabinets, bookshelves and telephones taking care not to disturb papers left on desks. Clean and wash all Formica counter tops thoroughly. Clean and polish daily (with stainless steel cleaner/non-abrasive cleaner) the rear office utility sink and faucet fixture. Clean doors,door frames, and Formica counter tops with a non—abrasive disinfected cleaner. All wall switches and area around the wall switches will be kept clean and free of spots, smudges and foreign. All trash receptacles will be emptied, disinfected and lined. Provide/replace trash can liners as required. Trash can liners shall be placed and replaced weekly at a minimum, or when they become stained, soiled or torn. Dispose of trash in outside dumpster provided by the City. Pick up any trash on floors. Damp mop with a CLEAN mop all floors as needed, special attention to the floor area next to walls, file cabinets, bookcases, etc. RESTROOMS AND SHOWERS: Restrooms/Shower floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting cleaner. Clean all mirrors. All restrooms/shower fixtures, including lavatory sinks, commodes, and urinals will be scoured and disinfected and kept free of scales at all times. Page 7 of 30 P19-049 All soap, towel, and tissue dispensers will be filled nightly. Clean doors, door frames, and Formica counter tops with a non—abrasive disinfected cleaner. Restroom wall and switches will be kept clean and free of spots, smudges and foreign. WEEKLY SERVICES: Clean ledges and window sills, and mini blinds in main offices. Lightly strip, wax, and buff all title floors. BI-WEEKLY SERVICES: Supervisor will monitor work and see that it is done to specifications. A compliance checklist will be submitted to Transit Management bi-weekly. Strip, reseal, and wax all tile floors (Service Center offices, main entrance hallways, Driver's room, restroom, and rear office). STRAY BUFF EVERY TWO WEEKS TRANSIT SERVICE CENTER. Stray buff Transit Terminal and restrooms, with a 1300 rpm high speed buffer. SEMI-ANNUALLY STRIP AND WAX TRANSIT SERVICE CENTER. Strip, reseal, and wax all tile floors in the terminal and restrooms with a 1300 rpm high speed buffer. Page 8 of 30 P19-049 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § 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: X/ /eimin Title: Company: 40/9 C'L�i4911// Date: SJ — f 9 Sf SUBSCRIBED and sworn to before me the undersigned authority by the LA of, 2o1r on behalf of said bidder. ;{.(�� 6 -. Notary Public in and for the State of Texas My commission expires: /z �O 2CI it BYRON SOLOVEN MCGHEE JR N Commission # 128819705 rn, My Commission Expires December 6,2019 Page 9 of 30 P19-049 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: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to ay 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. Firm Name Date C.-- 17\-- 40.,-01 (: --.4— __ - l? "16.---5 MEW 7" Authorized Signature Title Ic YA4A Ai744a 4C._..?.. -�P/� --, ,:2ame (please print) Telephone /C///fi.1(AGA 'erZ6— 9/V. /11L-- Email 11LEmail STATE: EARS COUNTY: \-\As . K1c SUBSCRIBED AND SWORN to before me by the above named RI dic,-4 -)41\-r6.V n S♦ on this the day of V, ! , 20 LI . c-7:1-4e.71/ VI Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL kitBYRON SOLOVEN MCGHEE JR Page 10 of 30 # :'i Commission# 128819705 My Commission Expires t �,�,. December 6, 2019 4,E,y tEi P19-049 i 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 tiled in accordance with Chapter 178.Local Government Code.by a vendor who Due P.xa,v.r,, las a business relationship as deSned by Section 176.001(1-a)with a local governmental entity and the +endor meets requirements under Section I76.00e(a). 3y law this questionnaire must be filed with t e records administrator of the focal 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-I i.Local Government Code A vendor commits an offense if the vendor knowingly violates Secnon 176 006.Local Government Code.An oflansa tinder[los seflon is 0 misdemeanor J Na of vendor who has a business relationship with local governmental entity. J A- ❑ Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate fling authority not later than the 7th business day after the date on which you became aware that the originally tiled questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer ?_1 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section I76.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship deathbed.Attach additional pages to this Form CIO 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? 11 Yes a 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? nYes n No J 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. I I Check this box If the vendor has given the local government officer or a family member of the officer one at more gifts as described in Section 176.003(a)(2)(f3) excluding gifts descrbed in Section 176003(a-1) J nb) :NT),,re�• van or dW nq bUstness with dna govarrmental...ally...ally Form provided by Texas Ethics Commission www ethics stale tx.us Revised 11/50.2015 Page 11 of 30 P 19-049 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.usr 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 it: (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 government 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 1V30:2015 30:2015 Page 12 of 30 P19-049 House Bill 89 Verification I, C/ff94,X - ,1/', 'At ' (Person name), the undersigned representative (hereafter referred to as "Representative") of (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. • , \\ �� SIGNATURE OF REP`ESENTATIVE SUB CRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of , 20 1'i . Wdrik otary Public / ` BYRON SOLOVEN MCGHEE JR /�� Commission#.128819705 My Commission Expires s' . 1; '\•: IN December 6,2019 ; •e Y,e� 5: y __ Page 13 of 30 P19-049 SB 252 CHAPTER 2252 CERTIFICATION I, ! /c,4i942 -=_,/t)774)4( , the undersigned and Representative of Ae ";.51)11//I/�' ltJ��RPls LS (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051 , Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) 'w A la a 011 •-dr- Signature of Company Representative Date f �z 14 of.30 P19-049 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. 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. Page 15 of 30 P19-049 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 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. Page 16 of 30 P19-049 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. 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 prevai I. 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. Page 17 of 30 P19-049 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. 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. Page 18 of 30 P19-049 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. 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 19 of 30 P19-049 Page 20 of 30 P19-049 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 Page 21 of 30 P19-049 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. PRE AWARD AND POST DELIVERY AUDITS REQUIREMENTS • Clause and language therein are merely suggested. 49 C.F.R.Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. • Buy America certification is mandated under FTA regulation, "Pre-Award and Post- Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. • Specific language for the Buy America certification is mandated by FTA regulation, "Buy America Requirements--Surface Transportation Assistance Act of I982,as amended,"49 C.F.R.66I.12,but has been modified to include FTA's Buy America requirements codified at 49 U.S.C. A 53230). Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C. §5323(1) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: 1. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) manufacturer's FMVSS self- certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK,OR ASSOCIATED EQUIPMENT 5. ENERGY POLICY AND CONSERVATION ACT Page 22 of 30 P19-049 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.). 7. 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. (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. 8. 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. Ip) 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. 9. 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, Page 23 of 30 P19-049 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. • 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 Operatio Turnk Construction Architect Acquisiti Professio Characteris nal ey ural on of nal tics Service Engineeri Rolling Services Contract ng Stock a. Contracts Those 1. State below SAT imposed Grantees ($100,000) on state None pass thru None None None None to Contract or b. Contracts Those above imposed Yes, if non $100,000/Ca None on state competitive None unless None None unless pital unless i non- pass thru award or if non- unless non- non- competitive funded competitive competitive competitive Projects award to thru25307/5309/ award award award Contract 5311 or II. Non a. Contracts Those State below SAT imposed • Grantees ($100,000) on non- state Yes3 Grantee Yes Yes Yes Yes pass thru to Contract or Page 24 of 30 P19-049 b. Contracts Those above imposed $100,000/Ca on non- pital state Projects Yes3 Grantee Yes Yes Yes Yes pass thru to Contract or Sources of Authority 1. 49 USC 5325 (a) 2. 49 CFR 633.17 3. 18 CFR 18.36 (i) 10. 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. 11. 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. (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. 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 Page 25 of 30 P19-049 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. 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 Pa to 26 of 30 P19-049 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 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. CIVIL RIGHTS Page 27 of 30 P19-049 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: 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 17. DISADVANTAGED BUSINESS ENTERPRISE(DBE) Page 28 of 30 P19-049 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 is 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. DISADVANTAGE BUSINES ENTERPRISE: If Contractor must use subcontractors, Contractor must do the following: 1. Solicitation Lists. Must place small and minority businesses and women's business enterprises on solicitation lists. 2 C.F.R. § 200.321(b)(I). 2. Solicitations. Must assure that it solicits small and minority businesses and women's business enterprises whenever they are potential sources. 2 C.F.R. § 200.321(b)(2). 3. Dividing Requirements. Must divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(3). 4. Delivery Schedules. Must establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women's business enterprises. 2 C.F.R. § 200.321(b)(4). 5. Obtaining Assistance. Must use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 2 C.F.R. § 200.321(b)(5). 18. 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)to be in violation of the FTA terms and conditions. Page 29 of 30 P19-049 Page 30 of 30