Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
PR 21055: DIESEL PURCHASE FOR TRANSIT VEHICLES
City of Port Arthur Transit Department Memorandum To: Ron Burton,Interim City Manager Cc: Assistant City Manager From: Ivan Mitchell,Transit Director Date: September 11,2019 Re: P.R.21055—Diesel Purchase for Transit Vehicles Nature of Request:Authorizing the City Manager to execute a contract which authorizes Port Arthur Transit(PAT)to lease a 2,000 gallon diesel tank and purchase the supplementary fuel from Spidle& Spidle,Inc.of Port Arthur,Texas. Background: Port Arthur Transit issued a Request for Proposal(RFP)for qualified vendors to submit proposals,wherein five(5)proposals were received,and have been evaluated by Purchasing and PAT. The bid from Jaguar Fueling,Inc.had the lowest cost over OPIS at$.010;however their monthly tank lease of$200.00 and delivery & return fee of$1000.00 rendered their cost higher than Spidle& Spidle,Inc. Spidle& Spidle,Inc. had a monthly tank leasing fee of$0.00 and delivery & return fee of$175.00. PAT's average diesel usage of 4,277 gallons/month rendered Spidle the lowest cost option. Recommendation: It is recommended that the City Council approve proposed P.R. 21055. This resolution would authorize the City Manager to execute a contract with Spidle& Spidle,Inc.to lease a gasoline tank at no cost and purchase fuel.The total cost would not exceed$80,000.00 over the six(6) month period. Budgetary/Fiscal Effect: Funding to pay for fuel is an ongoing cost budgeted in PAT's annual operating budget. Ivan Mitchell, Transit Director P.R. 21055 09/11/2019 IM RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SPIDLE & SPIDLE, INC. OF PORT ARTHUR, TEXAS FOR THE LEASE OF A 2,000 GALLON DIESEL TANK AND PURCHASE THE SUPPLEMENTARY FUEL FOR A 6 MONTH TERM. NOT TO EXCEED AMOUNT OF $80,000. FUNDS ARE AVAILABLE IN 401-1501-561.24-00. WHEREAS, the Port Arthur Purchasing Division issued an Invitation to Bid to submit bids for supplying a 2,000-gallon diesel fuel tank and the supplementary fuel to Port Arthur Transit(PAT); and, WHEREAS, five (5) bids were received and evaluated by Purchasing and PAT, a copy of the Bid Tabulation is attached hereto as Exhibit"A"; and, WHEREAS, PAT has selected Spidle & Spidle, Inc. of Port Arthur, Texas to lease a 2,000 gallon diesel fuel tank and purchase the supplementary fuel as delineated in Exhibit"A". 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 six-month contract with Spidle& Spidle, Inc. of Port Arthur, Texas to lease a 2,000-gallon diesel fuel tank and purchase . the supplementary fuel. 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 September, A.D. 2019 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: AYES: Mayor: Councilmembers: NOES: P.R. 21055 09/11/2019 IM NOES: Thurman"Bill" Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ron Burton Interim City Manager Ivan Mitchell Transit Director APPROVED AS TO AVAILABILTY OF F S: Kandy Daniel Interim Director of Finance / r od Lkihtai Cliftor Williams, CPPB Purchasing Manager P.R. 21055 09/11/2019 1M Exhibit "A" r C1(''' -C o C" X 'v C7 0 C y o `C c� �, d E O n y to W ee O n ,.s X n 0 A o r n 'a O "C 9 - T ii 0 ...< C---) 77' CI' M = CS — = "--- 0 (\ .- 6 O' n n c i C 0 -0. lz '* l 7 ora 5 g . n N b oso cr 'G p CrJ 4 E y 0o O 0Xo 'c.o 4 b TA col x5. v x C n a c„ y ° .° TJ m a r n be b b3 o p:1 ; xA ell -t o 0 otml o C m 5' n: 2 2, z o 1-3 N 7�C o r'.ICI o � o a f, ' ,.<z 0el. a � o - '`� Ox ilx o•ero *11oc.: .ii tra C7 CD n n `OnA o - a0= 0 cc.) O S. c0 4 -I , c y CD co 2. 1-3 H e B °o x a -I ° A* CD �' n0 o M itl �+ O R� � y � = y CO 'at R4 s o y c G • C � Nd X y 00 = G. c o.1 _, y rit eo o C = 0 cr 0 0 2. x H CA r 0 b") £01 b y "o* y 00 n °N o O 0 o O • M oo CCTJ 'rC y © p y co 3 N '� O O H rn - 0 n FA' n x c<, " w o. o =' ccn 00 A7 F ' E. o .- cs ci co y CA 0 69 �' o n 0 c) pp, ++ 0 C 0 O cn 'C3 �, p OU �! Opo C A n R pial y on ,. Cil o 1-3 po-v 9: O O o - G. cu A o -s y VI a. = 0 x P.R. 21055 09/11/2019 IM Exhibit "B" CONTRACT FOR LEASE OF 2,000 GALLON TANK& PURCHASE OF SUPPLEMENTAL DIESEL FUEL FOR TRANSIT VEHICLES THIS AGREEMENT, made this day of , 2019,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 Spidle & Spidle Inc, a (n) 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 renewal shall be no more than six months from the Start Date on the Notice to Proceed. Transit may cancel contract prior to six months. 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 Contract 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 following as stated in the contract documents. Ultra Low Sulfur Diesel fuel $.081 Above OPIS Lease of Tank No Cost Pickup & Return Tank $175 4. The term "Contract Documents" means and includes the following: 1) Agreement 2) Invitation to Bid 3) General Information 4) Specifications 5) Bid 6) Notice to Proceed 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 8. 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 2019 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY Signed on the day of 2019 ATTEST SPIDLE & SPIDLE BY CITY SECRETARY THURMAN BILL BARTIE,MAYOR �// RONALD BURTON HAROLD DOUCET,SR.MAYOR PRO TEM INTERIM CITY MANAGER COUNCIL MEMBERS: City of '< :' SHERRI BELLARD,TRMC RAYMOND SCOTT,JR. �} CITY SECRETARY CAL J.JONES LL THOMAS J.KINLAW IH ort rt h ri t VAL TIZENO CHARLOTTE MOSES CITY ATTORNEY KAPRINA FRANK Texas AUGUST 18, 2019 INVITATION TO BID LEASE OF 2,000 GALLON TANK AND PURCHASE OF SUPPLEMENTARY FUEL FOR TRANSIT DEPARTMENT DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, August 28, 2019. (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, August 28, 2019 in the City Council Chambers, City Hall, 5th Floor, Port Arthur,TX. You are invited to attend. MARK ENVELOPE: P19-088 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 or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams P.O. Box 1089 Port Arthur,TX 77641 clifton.williams(2 portarthurtx.gov Purchasing Division/Finance Department f Purchasing Manager,Clifton Williams,CPPB P.O. Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 The enclosed Invitation to Bid (ITB) and accompanying General Instructions, Conditions and 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. 024 . Clifton Williams, CPPB Purchasing Manager Page 2 of 29 INVITATION TO BID LEASE OF 2,000 GALLON TANK AND PURCHASE OF SUPPLEMENTARY FUELE FOR TRANSIT DEPARTMENT (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 B l 1) 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 29 SUBMIT THE FOLLOWING. A. BID SHEETS-PAGE 7 B. NON-COLLUSION AFFIDAVIT-PAGE 8 (MUST BE NOTARIZED) C. AFFIDAVIT-PAGE 9 (MUST BE NOTARIZED) D. CONFLICT OF INTEREST-(IF NO CONFLICT WRITE N/A OR NOT APPLICABLE ON LINE 1 AND SIGN& DATE ON LINE 7- PAGE 10 E. CHAPTER 2252 CERTIFICATION-PAGE 12 F. HOUSE BILL 89 VERIFICATION-PAGE 13 G. ACCEPTANCE OF ALL FEDERAL CONTRACT CLAUSES - PAGE 28 H. CERTIFICATION OF RESTRICTIONS ON LOBBYING- PAGE 29 Page 4 of 29 SPECIFICATIONS FOR LEASE OF 2,000 GALLON TANK AND PURCHASE OF SUPPLEMENTARY FUEL FOR TRANSIT DEPARTMENT This contract is for the leasing of a tank until construction of our fueling system is completed. The contract will be for 12 months and a month to month contract afterwards if construction is not completed. All deliveries will be F. O. B City storage tanks. Fuel is Ultra Low Diesel Fuel. Contract will provide a 2,000 gallon tank with a secondary containment Provide a 110 volt pump with meter and filter City of Port Arthur will install pump on tank Contractor is responsible to deliver tank and return tank once City is completed with the need for a tank. Bidders must bid a price differential above or below the average price of the PADD 3 Report published for Beaumont/Port Arthur, Texas, by the Oil Price Information Service (OPIS). The price of fuel delivered during the contract term will be determined by applying the differential bid to the PADD 3 average price in affect on the date of delivery. The PADD 3 price that is weekly and released on Thursday afternoon. All delivered fuel shall be transferred to the leased tank. Delivery trucks shall be properly equipped with accurate measuring devices, vapor recovery systems, and spill pickup equipment. City of Port Arthur personnel must verify this equipment upon completion of delivery. Deliveries shall be made on a net gallon basis, temperature corrected to 60° F. Vendors must be able to furnish certificates issued by the State of Texas that verify tank capacities for a given truck. Orders for deliveries will be made by the Transit 2,000 gallons or less. Deliveries will be made within one (1) workday of the order to the locations listed below: Department Location Hours of Delivery Transit 301 4th Street 8:00 A. M. - 5:00 P. M. (M-F) The City's minimum delivery time for an emergency which is hurricanes, natural disasters, or other declared emergencies will be eight (8) hours. Vendor shall provide an emergency plan to the City of Port Arthur for delivery, including length of time after receipt of order that vendor shall make delivery of fuel. Vendors shall state other entities having a priority of delivery over the City of Port Arthur. Quality Control: An original copy of the refinery manifest shall accompany all deliveries. The manifest must be identifiable as to the refiner or common carrier pipeline terminal. Deliveries from any other source will be rejected. Any transport arriving without proper paperwork will not be permitted to unload. The City of Port Arthur reserves the right to test fuels at any time for specification compliance. The cost for such tests shall be paid by the seller in the event the product fails to comply. Such failure will result in the prompt removal of failed products, using the vendor's equipment, at no cost to the City of Port Arthur, within twenty-four (24) hours of notification. Acceptable fuel shall immediately replace unacceptable fuel based on the quality of questionable fuel originally delivered to a given location at no charge for the entire shipment. Violation of specification requirements may give the City of Port Arthur cause to cancel the contract and will be a consideration of future awards. Fuel prices bid will exclude all taxes and loading fees. The bidder must submit Material Safety Data Sheet(s)with bid. Page 5 of 29 Number 2 Low Sulfur Diesel Fuel shall meet or exceed the following specifications: API Gravity 31.8 Cetane index 45.0 Flash point .158°F Mercaptan sulfur 0.004% Water and Sediment 0 0% Pour point 10° F Sulfur .0.14% All fuel shall meet or exceed the performance criteria as established by new vehicles manufacturers or the Society of Automotive Engineers or the American Society for Testing and Materials. Page 6 of 29 CITY OF PORT ARTHUR, TEXAS BID SHEET BID FOR: Lease of 2,000 Gallon Tank for Transit BID DUE DATE: August 28,2019 DESCRIPTION COST OVER OPIS Ultra-Low Sulfur Diesel Fuel for Transit $ O P 1 S ",I- , Q g/ DESCRIPTION COST PER MONTH Lease of tank $ DESCRIPTION COST Pickup and Return Tank \1 •o O q- os . - C ' vv, It} 5-free / CO PANY NAM' STREET ADDRESS P0 .Bax SIGNATURE OF BIDDEfr-- P.O. BOX W► 1Iisrn ( /I pale FrrtAu kY4 7b4/ PRINT OR TYPE NAM CITY STATE ZIP ?ries (' Jeri + 1(6q 7a7 - Vyod TITLE AREA CODE TELEPHONE NO 5Pidie0i / 0 a40A o EMAIL FAX NO. Page 7 of 29 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: A Printed Name: Is I ' (p- .1 II ) 5p f, ri 6 Title: Company: p i Cl ( e°, Lp( 6-11c ) Ln c Date: _ �- 1 SUBSCRIBED and sworn to before me the undersigned authorityb l he ( r-t-of ,`0e(c on Y �z , � behalf of said bidder. I , .77)11.fieo Notary Public in and for the YS EDI'MA.HOWELL State of Texas 1,411....11,:t) My Notary ID#4481215 • f,„ '-f-:;• Expires November 8,2021 My commission expires: ` f ( i 1 •.2`Of Page 8 of 29 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: /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. 6pi le t--3 p cj ie Firmpidic ame Date rie5 /%n Authorized Signature Title 1/01. 1// a4)1 5' idI D9 - 7'r 7 -4� V00 Name (please print) Telephone eS 1�d )e el /C�, yahoo- � Emul STATE: / e-v q 5 COUNTY: J 2 roti SUBSCRIBED AND SWORN to before me by the above named k1 I � j 4'wL Se,G1 (� on this the day of f"ct.c-�f,.-54- , 20 ( g . c °P'c e , EDITH A.HOWELL ` •i =•) My Notary ID#44E1215 Notary c •!5*!Y Expires November 8,2021 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 9 of 29 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.riI I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated I ' 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.) .J Name of local government officer about whom the information is being disclosed. Name of Officer LI 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 - 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. 6J 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). o ' Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11!3012015 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.htrn.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: (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) acontract between the local governmental entity and vendor has been executed:. or (ii) the local governmental entity is considering entering into a contract with the vencbr; (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 toa 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 1110:2015 Page 1 I of 29 SB 252 CHAPTER 2252 CERTIFICATION 1, 1A) 1 / !, a iN (61 i` 35pi L 1 , the undersigned and representative of S j G( I�� Y- cp'i C� l C 1 . 11 c (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. W //iL&//) 5 ile Name of Compy Rep'resenthtive (Print) O Upfk.a>.: O Q Signature of Company Representative Date Page 12 of 29 House Bill 89 Verification ( i/) i' J )e (Person name), the undersigned representative (hereafter referred to as "Representative") of PI Ci ice. >7( (ie) , ( Y) L (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 REPRESEN A VE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this DL-f day of �� A 51-- , 20 EoriHA.Howw. Notary Public • "'J Notary ID M 4401215 I. Expires November 8,2021 -, Of Page 1 3 of 29 CERTIFICATION OF RESTRICTIONS ON LOBBYING The undersigned certifies, to the best of his or her knowledge and'belief,that: 1). No federal appropriated funds,havebeen or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an office or employee of any agency, a member of:Congress, an officer or employee 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 finds other than federal appropriated funds have been paid or will be.paid:to:any person for influencing or attempting to influence 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. !.1 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 contrattsunder grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction WACillt* Made.or entered into. Submission of this certification isa prerequisite for making or entering into this transaction imposed by Section 1352,title 31 U.S. Code,: Any perton.who.failt.to file the required certification shall be subject to a civil penalty of not less than$0;009 and not more than S100,000 for eaclvsuch failure. .41 Doteutedthis. / day of ,201 Company Name: Ai /4 7`• 41 By; Tide4jih :7/0 igriature of Company Official) Alei-e7 , S11 - (Title of C parry Official) ;:- Page 29 of 29 • ; -- ACCEPTANCE OF ALL FEDERAL CONTRACTCLAUSES The Proposer shall at all times comply with all applicable FTA:regulations,policies, prOcediires..and directives, • including;without limitation:those listed directly or by reference in the Master:Agreement between City and FTA, as they may be amended or promulgated from time to time during the term,of this ContraCt. Proposer's failure:to so comply shall constitute a material breach of this Contract. • Th • - elPrOposer, At 4., 2 I. 1cefFs or affirms that they haye regtandfaccepts.n11,,pethe. •• aforementioned rederal Transit '14 inistration contract clauses. ';a411. • I, :::•;•:N1:11; / 1 • . 4 • Signature of ' vQser's •!.thonzecl Official • elea, • /&lic .021 ]•is Name anct fde:of P °poser's knhorized Officia tf Date ;•4.:g ;•• • • ;: ••t0 •.;:: i.7•::Ft :7749 Page 28 of 29 . .„. GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. 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. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. 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. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict_forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply, you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. 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. Page 14 of 29 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 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 RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal 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. All addenda will be numbered consecutively, beginning with 1. 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. INVOICE-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. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. 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 Page 15 of 29 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 RFP. 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 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. 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. Page 16 of 29 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$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage $1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. 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 COI(ITRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. Page 17 of 29 PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Proposal Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the submitted proposals for this project. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds for disqualification. Vendors shall not contact any City of Port Arthur personnel during the proposal process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or non- compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. 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. BID SECURITY: Bids shall be accompanied by a bid guarantee of not less than five percent (5%) of the amount of the total bid which shall be a Certified Check or Cashier's check payable without recourse to the City of Port Arthur, or a bid bond with corporate surety authorized to conduct business in Texas. Said security shall be submitted with the understanding that it shall guarantee that the Bidder will not withdraw his bid within thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as may be required and commence work at the specified time, and that in the event of the withdrawal of said bid within said period, or the failure to enter into said Contract, furnish said bonds and insurance and commence work within the time specified, the Bidder shall be liable to the OWNER for the difference between the amount specified in the bid in the amount for which the OWNER may otherwise procure the required work. Checks of all except the three lowest responsible Bidders will be returned when award is made; when the Contract is executed, the checks of the two remaining Page 18 of 29 unsuccessful bidders will be returned; that of the successful Bidder be returned when formal Contract, bonds and insurance are approved, and work has commenced within the time specified. CHANGE ORDER (a) The Contracting Officer may at any time, and without notice to the sureties, if any, by a written order, make changes within the general scope of this contract in any one or more of the following: (is) drawings,designs, or specifications; (ii) extending term of contract; and (iii) equitable adjustment in price/time of performance. If any such change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by the order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. (b) Any notice of intent to assert a claim for adjustment under this clause must be asserted by the Contractor within 30 days from the date of receipt of the Contracting Officer's written order; provided, however, that later notice shall not bar the Contractor's claim if the Contractor can demonstrate that PAT was not prejudiced by the delay in notification. In no event shall any claim be asserted after final payment. 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. 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. 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 Page 19 of 29 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 PRE AWARD AND POST DELIVERY AUDITS REOUIREMENTS • 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.66 I.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 Page 20 of 29 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.). 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. 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. 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)l, 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, Page 21 of 29 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 Operational Turnkey Construction Architectural Acquisition Characteristics Service Engineering of Rolling Contract Stock a. Contracts Those I. State below SAT imposed on Grantees ($100,000) None state pass None None None thru to Contractor b. Contracts None Those Yes, if non- None unless above imposed onNone unless $100,000/Capital unless 1 non- state pass competitive award or non-competitive non- Projects competitive thru to award if funded competitive award Contractor thru25307/5309/5311 award II. Non State a. Contracts Those Grantees below SAT imposed on ($100,000) Yes3 non-state Yes Yes Yes Grantee pass thru to Contractor b. Contracts Those above imposed on $100,000/Capital non-state Yes3 Yes Ye� Projects — Grantee } �s pass thru to Contractor Page 22 of 29 Sources of Authority 1. 49 USC 5325 (a) 2. . 49 CFR 633.17 3. 18 CFR 18.36 (i) 4. 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. 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. 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 Page 23 of 29 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. 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. 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. Page 24 of 29 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. 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: 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 Page 25 of 29 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 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 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. 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. BID PROTESTS. ( 1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five(5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his Page 26 of 29 . designee, in consultation with the department and the City Attorney, within fifteen(15)days of receipt of the protest. Within the fifteen (15)day time period, the City will: • Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City • Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. RESOLUTION OF DISPUTES,BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. 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: (a)The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction 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. (b)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. Page 27 of 29 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-532478 spidle and spidle Inc Port Arthur,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 08/23/2019 being filed. City of Port Arthur Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 18-350 Providing Fuel for Transit Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION r \1 �1 My name is vV/ �I i G(A/)/l ( (1 ) svid I(� , and my date of birth is es"'-v,3—I y . My address is 3 Cv V v Innis bro k- , C'_(9,(.CWYb/I f -7 7 707 , (street) (city) state) (zip code) (country) I declare under penalty off perjury that the foregoing is true and correct. Executed in J f +T P i' aIn County, State of / (A1 G{I ,on the laday of l/W���J� ,20 a . (m nth) (year) K:22) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3918039c