HomeMy WebLinkAboutPR 21467: APPROVAL TO NEGOTIATE A CONTRACT WITH LJA ENGINEERING ---- 4.. "
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INTEROFFICE MEMORANDUM
Date: June 15, 2020
To: The Honorable Mayor and City Council
Through: Ron Burton, City Manager
From: Alberto Elefano, P.E., Public Works Director
RE: P.R. 21467—A Resolution Authorizing the City Manager to Negotiate a
Contract with LJA Engineering of Beaumont, Texas, for the Annual Phase II
MS4 Stormwater Management Plan (SWMP) Implementation Engineering
Services for the City of Port Arthur
Introduction:
This agenda item is submitted to authorize the City Manager to negotiate a contract with LJA
Engineering of Beaumont, Texas, to provide phase II municipal separate storm sewer system
(MS4) implementation engineering services.
Background:
To maintain compliance with the State of Texas Commission on Environmental Quality's
(TCEQ) Texas Pollutant Discharge Elimination System (TPDES) MS4 requirements, the City
of Port Arthur requested engineering firm proposals for the management and development of its
MS4 program.
Two proposals were received and reviewed by a committee of employees responsible for the
City's compliance. Because of LJA Engineering's qualifications, the committee awarded the
firm's proposal with the most points and is recommending negotiation of the contract with LJA
Engineering of Beaumont, Texas.
Budget Impact:
There is currently no impact to the budget.
"Remember,we are here to serve the Citizens of Port Arthur"
444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294
Recommendation:
It is recommended that the City of Port Arthur City Council approve PR 21467 authorizing the
City Manager to negotiate a contract with LJA Engineering of Beaumont, Texas.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O. Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P. R. # 21467
06/26/2020 FCR
Page 1 of 3
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE A CONTRACT WITH LJA ENGINEERING OF
BEAUMONT, TEXAS, FOR THE ANNUAL PHASE II MS4
STORMWATER MANAGEMENT PLAN (SWMP)
IMPLEMENTATION ENGINEERING SERVICES FOR THE CITY
OF PORT ARTHUR
WHEREAS, the City of Port Arthur is a regulated small municipal separate storm sewer
system (MS4) and is required to develop and submit to the Texas Commission on Environmental
Quality (TCEQ) a stormwater management program (SWMP); and,
WHEREAS, the existing contract and contract extensions authorizing the management of
the City's MS4 SWMP expired at the end of fiscal year 2019; and,
WHEREAS,the Purchasing Division advertised the request for proposals from engineering
firms to provide Phase II MS4 SWMP implementation engineering services on February 28, 2020
and March 10, 2020 as evidenced in Exhibit"A"; and,
WHEREAS, two proposals were received and opened on March 1 1, 2020; and,
WHEREAS, a committee of City staff evaluated and ranked the proposals with LJA
Engineering of Beaumont,Texas,ranking highest and most qualified as delineated in Exhibit"B";
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,
TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct; and,
Section 2. That the City Manager is herein authorized to negotiate an agreement with
LJA Engineering of Beaumont, Texas, to provide professional engineering services related to the
Texas Pollutant Discharge Elimination(TPDES)Phase II Municipal Separate Storm Sewer(MS4)
P. R. # 21467
06/26/2020 FCR
Page 2 of 3
stormwater management program (SWMP) as detailed in the attached request for qualifications
and addendum; and,
Section 3. 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 . A.D.,
2020, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:(Mayor)
Councilmembers:
NOES:
Thurman"Bill" Bartie
Mayor
ATTEST:
Sherri Bellard
City Secretary
APPROVED AS TO FORM:
e-74- ,644
Val Tizeno Esq.
City Attorney
P. R. # 21467
06/26/2020 FCR
Page 3 of 3
APPROVED AS TO ADMINISTRATION:
Ron Burton
City Manager
Alberto Elefano, P.E.
Director of Public Works
APPROVED AS TO AVAILABILITY OF FUNDS:
kCA...."\_._ i., r_11)CA_I ._,(J
Kandy Daniel
Interim Director of Finance
O4iPLJ I
Cliftor'Williams, CPPB
Purchasing Manager
Exhibit A
THURMAN BILL BARTIE,MAYOR RON BURTON
HAROLD DOUCET,SR.MAYOR PRO TEM CITY MANAGER
COUNCIL MEMBERS: City of \ SHERRI BELLARD,TRMC
RAYMOND SCOTT,JR. Q I CITY SECRETARY
CAL J.JONES
THOMAS J.KINLAW III n r, rth u VAL TIZENO
CHARLOTTE MOSES CITY ATTORNEY
KAPRINA FRANK Texas
FEBRUARY 28, 2020
REQUEST FOR QUALIFICATIONS
STORMWATER MANAGEMENT PROGRAM
DEADLINE: Sealed Qualification submittals must be received and time stamped by 3:00 p.m.,
Central Standard Time, Wednesday, March 11, 2020. (The clock located in the City Secretary's
office will be the official time.) All qualifications received will be read aloud at 3:15 p.m. on
Wednesday, March 11, 2020 in the City Council Chambers, City Hall, 5`h Floor, Port Arthur, TX.
You are invited to attend.
MARK ENVELOPE:P20-029
DELIVERY: Please submit one (1) original and three (3) exact duplicate copies of your RFQ 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 Request for Qualifications should be directed in writing to:
City of Port Arthur, TX
Clifton Williams, Purchasing Manager
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street J Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291
The enclosed REQUEST FOR QUALIFICATIONS (RFQ) and accompanying GENERAL
INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting
qualifications for the enclosed referenced services for the City of Port Arthur.
Qualifications must be signed by a person having authority to bind the firm in a contract.
Qualifications shall be placed in a sealed envelope, with the Vendor's name and address in the upper
left-hand corner of the envelope.
ALL QUALIFICATIONS 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 RFQ
submittal arrives at the above location by specified deadline regardless of delivery method chosen by
the firm. Faxed or electronically transmitted RFO submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 24
PROVIDING PHASE II MS4 SWMP IMPLEMENTATION ENGINEERING SERVICES
FOR THE CITY OF PORT ARTHUR
The City of Port Arthur desires to engage a qualified and experienced engineering firm to provide
Phase II MS4 implementation services as necessary to comply with state regulations.
It is important that the Respondents have significant experience and knowledge with the following,
including but not limited to:
• Maintaining compliance with TPDES MS4 general permits in Texas
• Development of Stormwater Management Programs(SWMP)
• Best Management Practices (BMPs)
• Public Education, Outreach, and Involvement
• Illicit Discharge Detection and Elimination
• Construction Site Stormwater Runoff Control
• Post Construction Stormwater Management in New/Redevelopment
• Pollution Prevention/Good Housekeeping for Municipal Operations
• Impaired Water Bodies and TMDL Requirements
Additionally, consultant services are needed to:
1. Assist the City to meet the requirements of its MS4 Permit
2. Conduct/Document all field inspections related to the implementation of the City's SWMP
3. Provide stakeholder representation at relevant TMDL meetings, impaired water body meetings,
and/or MS4 conferences
4. Provide representation during regulatory audits/inspections
5. Prepare the Annual Reports as required by the City's MS4 Permit.
Background:
The City's current Phase II MS4 TPDES permit was issued on January 24, 2019.
Each of the following items must be addressed in the implementation of the City's SWMP (component
and measurable goals).
SWMP Components:
1. Public Education, Outreach, and Involvement
2. Illicit Discharge Detection and Elimination
3. Construction Site Stormwater Runoff Control
4. Post Construction Stormwater Management in New/Redevelopment
5. Pollution Prevention/Good Housekeeping for Municipal Operations
6. Impaired Water Bodies and TMDL Requirements
Page 3 of 24
Scope of Work and Services Required:
A) The Consultant should have a thorough understanding of stormwater issues specific to the City of
Port Arthur, as well as a firm understanding of all state and federal Phase II MS4 permit regulations.
B) Implement the SWMP relative to the City's TPDES Permit requirements and provide overall
assistance to City personnel regarding stormwater quality issues.
C) The services provided by the Consultant shall include activities that directly support any of the
required permit or SWMP work performed by City staff These activities are broadly defined and, may
be revised based on future needs. Work to be completed under this contract shall include, but is not
limited to,the following list of assignments.
1. Develop and submit Annual Reports to the TCEQ
2. Recommend and implement changes to SWMP, as needed
3. Perform inspections on public structural controls in conjunction with City
Inspection staff
4. Conduct routine meetings with City staff members and report on progress/implementation
status of the SWMP
5. Attend,prepare for, and assist at meetings and/or conferences on MS4 program
6. Provide inspections as needed on City-owned facilities
7. Maintain GIS maps of construction site inspections, outfall inspections, and locations of citizen
complaints/TCEQ referrals related to the MS4 program
8. Provide technical training to City staff in compliance with Employee Training BMPs
9. Advise on City ordinance revisions, if needed
10. Develop/maintain stormwater quality website in compliance with the City SWMP and Phase II
MS4 permit requirements
11.Develop/maintain stormwater management program standard operating procedures in
accordance with the TPDES general permit
D) It is possible that the selected firm may be called upon to provide Additional Services outside the
Scope of Work. The services would be requested in writing by the City and hourly rates and an
estimate of hours to complete the task(s)would be requested from the selected firm.
E) Potential Responsibilities and Desired Qualities. The selected firm must:
1. Develop trust and confidence among the various participants and the City
Departments.
2. Have attention to detail. Organization and time management skills are fundamental in serving
in the role of the City's Stormwater Management Program Consultant.
3. Demonstrate thorough knowledge of stormwater quality issues, including general MS4
permitting regulations, ordinance development, TMDL compliance, annual report development,
and all other applicable codes, standards, and regulations (federal, state, and local)
4. Exhibit excellent written and oral communication skills.
Page 4 of 24
ENVIRONMENTAL CONSULTING SERVICES FOR THE IMPLEMENTATION OF THE
MULTI SECTOR GENERAL PERMIT (M.S.G.P.) TPDES AND GENERAL PERMIT#
TXR050000 FOR THE CITY OF PORT ARTHUR TRANSIT
OBJECTIVE
The City of Port Arthur is soliciting Request for Qualifications (RFQ) from engineering firms for
Environmental Consulting Services for the Implementation of the Multi Sector General Permit TPDES
General Permit Number TXR050000 for the City of Port Arthur Transit.
The City of Port Arthur will accept and review Request for Qualifications and select the most suitable
and beneficial firm to provide services. Those firms considered most qualified may be requested to
make further submittals and/or to be interviewed prior to the City making its final selection.
BACKGROUND
1. Engineering firms can look up the City's General Permit Number TXR050000 on the Texas
Commission on Environmental Quality(TCEQ) Website.
http://www.tceq.state.tx.us/assets/public/permitting/waterq u ali ty/attach men ts/sto rmwater/tx r
050000.pdf
2. The Storm Water Pollution Prevention Plan (SWP3) is already prepared. The Engineering firm is
required to implement the M.S.G.P plan.
3. The contract will be one year with the option to renew for two additional one year periods.
4. Transit operates under the requirements of the Federal Transit Administration.
5. The Transit Departments Buildings are the following
A. Transit Service Center
B. Propane Station
C. Bush Wash
SCOPE OF WORK
1. Inspection and Certification of Non-Storm Water Discharges
(a) Permit Coverage for Non-Storm Water Discharges. Non-storm water discharges eligible for
coverage are described in Part II, Section A.6. of this general permit and in the individual
sections within Part V of the City's general permit. The permittee shall identify and evaluate all
non-storm water discharges that qualify for permit coverage. The SWP3 must include a list of
the non-storm water discharges at the facility, as well as the results of this evaluation.
(b) Investigation for Non-Storm Water Discharges. Within 180 days of filing an Notice of
Intent (NOI) for coverage (or a renewal NOI) the permittee shall conduct a survey of potential
non-storm water sources and shall provide the certification required in Part III, Section B.1. of
City's general permit and (C) below. The facility's storm sewer system must be tested or
inspected (e.g., Multi Sector General Permit TPDES General Permit No.TXR050000 Part III,
Section B screened for dry weather flows) for the presence of non-storm water flows.
Procedures must be evaluated and implemented to eliminate any potential sources that are
discovered and are not permitted. The SWP3 must ensure that non-storm water sources are not
combined with storm water discharges authorized by this permit unless otherwise allowable
under Part II. B.S. of the City's general permit.
(c) The SWP3 must be updated based on this evaluation to include the following:
(1) the date that the evaluation occurred and description of the criteria used for evaluation;
(2) the outfalls or onsite discharge points observed;
(3) the different types of identified non-storm water discharges and their source locations; and
Page 5 of 24
(4) appropriate BMPs for the non-storm water discharges, or the actions taken or the control
measures used to eliminate them.
(d) Certification. The SWP3 must include a certification, signed according to Part III, Section
E.6.(c) of this City's general permit, relating to Signatory Requirements for Reports and
Certifications, that states that the facility's storm sewer system has been evaluated for the
presence of non-storm water discharges and that the discharge of non-permitted, non-storm
water does not occur. The certification must include documentation of how the evaluation was
conducted, results of any testing, dates of evaluations or tests, and the portions of the storm
sewer system that were observed during the inspection. The inspection for non-storm water
discharges must be completed and the certification must be prepared within 180 days after
filing an NOI for permit coverage. The certification must be made readily available for review
upon request by authorized TCEQ personnel as well as any local pollution control agency with
jurisdiction.
(e) Failure or Inability to Certify.
(1) If a part of the storm sewer system cannot be accessed to complete the evaluation,
certification must be provided for the remainder of the system. Notice of this inability to
certify a portion of the storm sewer system must be provided to the TCEQ within 180 days
after the NOI is submitted. Operators of facilities that contribute storm water discharges to
an MS4 shall provide notice of this inability to certify a portion of the storm sewer system
to the MS4 operator upon request from the MS4 operator. The notice must include an
explanation of why the evaluation could not be performed and a list of all known potential,
non-permitted, non-storm water sources that could not be included in the certification. The
notification must be submitted to the TCEQ's Enforcement Division (MC-224).
(2) If, in the course of evaluating the storm sewer system, the permittee is unable to certify that
non-permitted, non-storm water discharges are not occurring due to noncompliance, then
the certification must identify the noncompliance issues and the steps being taken to
remedy and prevent further noncompliance.
2. Routine Facility Inspections
Qualified personnel, who are familiar with the industrial activities performed at the facility, shall
conduct periodic routine facility inspections to determine the effectiveness of the Pollution
Prevention Measures and Controls (Part III, Section A4 of City's general permit ). These
inspections must include at least one member of the storm water pollution prevention team.
(a) Inspections must be conducted at least once per quarter unless otherwise specified in Part V of
this permit. If feasible, at least one of these routine facility inspections each calendar year must
be conducted during a period when a storm water discharge is occurring.
(b) The permittee shall document the findings of each routine facility inspection performed and
shall maintain this documentation onsite with the SWP3.
(c) The inspections must be documented through the use of a checklist that is developed to include
each of the controls and measures that are evaluated. At a minimum, the documentation of
each routine facility inspection must include:
(1) the inspection date and time;
(2) the name(s) of the inspector(s);
(3) weather information and a description of any discharges occurring at the time of the
inspection;
(4) any previously unidentified discharges of pollutants from the site;
(5) any control measures needing maintenance or repairs;
(6) any failed control measures that need replacement;
Page 6 of 24
(7) any incidents of noncompliance that are observed;
(8) any additional control measures needed to comply with the permit requirements; and
(9) identification of any existing BMPs that are not being properly or completely implemented.
(10) This documentation must be signed in accordance with Part III, Section E.6.(c) of this
City's general permit.
(11) When revisions or additions to the SWP3 are recommended as a result of inspections, a
summary description of these proposed changes must be attached to the inspection
checklist. The summary must identify any necessary time frames required to implement the
proposed changes. The routine facility inspection checklists must be made readily available
for inspection and review upon request by authorized TCEQ personnel as well as any local
pollution control agency with jurisdiction.
3. Quarterly Visual Monitoring
Storm water discharges from each outfall authorized by this general permit must be visually
examined on a quarterly basis. Monitoring must be conducted during the normal hours of operation
for the facility and samples must be collected in a clean, clear, glass or plastic container and
examined in a well lit area.
(a) Findings must document observations of the following:
(1) color;
(2) clarity;
(3) floating solids;
(4) settled solids;
(5) suspended solids;
(6) foam;
(7) oil sheen;
(8) other obvious indicators of storm water pollution; and
(9) noticeable odors.
Some examinations, such as an examination for odor and foam, may necessarily be conducted
immediately following collection of the sample.
(b) All examinations must be performed in a manner that ensures the sample is representative of
the discharge (see Part III, Section D). If this is not possible, then the report must include the
reason.
(c) Records of quarterly visual monitoring must include the following information, and the report
must be included in the SWP3:
(1) sample location(s);
(2) date and time samples were collected and examined;
(3) names of personnel who collected and examined the samples;
(4) nature of the discharge(e.g., runoff, snow melt);
(5) results of the observations;
(6) probable sources of any observed contamination;
(7) visual quality of the storm water discharge; and
(8) the reason why any samples were not collected within the first 30 minutes of discharge.
(d) Results of the examination must be reviewed by the storm water pollution prevention team. The
team must investigate and identify probable sources of any observed storm water
contamination. The SWP3 must be modified as necessary to address the conclusions of the
team.
(e) Part V of this general permit may include alternative schedules for visual monitoring at specific
industrial sectors, and may include additional requirements.
Page 7 of 24
4. Water Quality Monitoring Requirements
(a) The permittee shall monitor the discharge from the facility at all outfall(s) determined to be
discharging a pollutant of concern at a level of concern under Part II, Section B.7, Impaired
Water Bodies and Total Maximum Daily Load(TMDL) Requirements.
(b) The permittee may not establish substantially similar outfalls for sampling required under this
section.
(c) The permittee shall monitor the discharge(s) from regulated industrial activities for the
pollutant of concern at a frequency of once per year. For the following pollutants of concern,
monitoring must be conducted for the following alternative pollutants, unless an alternate is
approved in writing by TCEQ's Wastewater Permitting Section (MC-148), or the TCEQ
develops separate written guidance:
Pollutant(s) of Concern:
Bacteria: E.coli (for discharge to fresh water); or enterococci (for discharges to marine waters).
Dissolved Oxygen: BODS, COD, or both (based on the nature of the industrial activity, and
whether there is an existing benchmark sampling requirement for the facility's industrial sector)
Nutrients: Phosphorous (for discharges to fresh water); or Nitrogen (for discharges to marine
waters),unless otherwise established in an applicable TMDL or TMDL Implementation Plan.
Hazardous Metals: Specific Metal Listed in 303d list or TMDL
Other: If the impairment is due to a parameter for which there is not an obvious analytical test
or benchmark value (e.g., sediment, fish tissue, etc.), the permittee shall contact the TCEQ for
guidance on which pollutant(s) to monitor for, if any, and the TCEQ will respond in writing.
The permittee shall retain this information with the SWP3.
The permittee may utilize the analytical results of sampling for other sections of this general
permit to comply with this annual sampling requirements (e.g., hazardous metals sampling in
Part III, Section C, or benchmark monitoring in Parts IV and V of this general permit).
(d) Sampling, monitoring, and analyses must be conducted according to procedures specified in
Part III, Section E.4 of this permit unless otherwise specified and using test procedures with
minimum analytical levels (MALs) at or below benchmark values for all the benchmark
parameters for which sampling is required.
(e) Reporting: The permittee shall report the result of sampling for this section to the TCEQ by
March 31 following the calendar year in which the samples were collected. Results must be
submitted to the TCEQ's Storm Water& Pretreatment Team (MC- 148).
(f) If sampling results indicate that the pollutant is present below the level of concern (e.g., the
analytical result is below the benchmark values in Part IV of this permit) or is not present (e.g.,
analytical result is below the MAL), then the permittee may discontinue sampling under this
section for the remainder of the permit term.
Page 8 of 24
5. Annual Comprehensive Site Compliance Inspection
The comprehensive site compliance inspection is a required site evaluation and an overall
assessment of the effectiveness of the current SWP3. This inspection is in addition to other routine
inspections required by the permit; however, it may substitute for a routine facility inspection if it
is conducted during the regularly scheduled period of the routine facility inspection and the scope
of the inspection is sufficient enough to address both the minimum requirements of the routine
inspection and the comprehensive site compliance inspection.
(a) General Requirements. The comprehensive site compliance inspection must be conducted at
least once each permit year by one or more qualified employees or designated representatives,
including at least one member of the storm water pollution prevention team. The inspection
must include an examination and assessment of:
(1) all areas identified in the Inventory of Exposed Materials section of the SWP3;
(2) all structural controls, including the maintenance and effectiveness;
(3) all non-structural controls (e.g., good housekeeping measures, scheduling, etc.);
(4) all areas where spills and leaks have occurred in the past three (3)years;
(5) all reasonably accessible areas immediately downstream of each outfall that is authorized
under this general permit;
(6) industrial materials, residue, or trash that may have or could come into contact with storm
water;
(7) leaks or spills from industrial equipment, drums, tanks, and other containers;
(8) offsite tracking of industrial or waste materials, or sediment where vehicles enter or exit the
site;
(9) tracking or blowing of raw, final, or waste materials from areas of no exposure to exposed
areas;
(10) a review of the results of the past year's visual and analytical monitoring when planning
and conducting inspections that are required by this general permit; and
(11) any control measures needing replacement, maintenance, or repair.
(b) Annual Comprehensive Site Compliance Inspection Report. Within go days of performing the
annual site compliance inspection, the permittee shall prepare a report that includes a narrative
discussion of compliance with the current SWP3. The report must be signed and certified in
accordance with Part III, Section E.6.(c) of this permit, and must either be included as a part of
the SWP3 or referenced in the SWP3 and be made readily available for inspection and review
upon request by authorized TCEQ personnel as well as any local pollution control agency with
jurisdiction. The report must document all of the following information:
(1) name(s) and title(s) of the personnel conducting the inspection;
(2) the date(s) of the inspection;
(3) findings from the inspection of areas of the facility;
(4) observations relating to the implementation of control measures:
a. previously unidentified discharges from the site;
b. previously unidentified pollutants in existing discharges;
c. evidence of, or the potential for, pollutants entering the drainage system;
d. evidence of pollutants discharging to receiving waters, and the condition of and around
each outfall; and
e. additional control measures needed to address any conditions requiring corrective action
identified during the inspection.
(5) revisions to the SWP3 made as a result of the inspection; and
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(6) any incidents of non-compliance:
a. For purposes of this inspection, an incident of non-compliance is any instance where an
element of the SWP3 is either not implemented, or where specific conditions of the
permit are not met.
b. If no incidents of non-compliance are discovered, the report must contain a certification
by the permittee that the facility, or in the case of a shared SWP3, the portion of the
facility the permittee is responsible for, is in compliance with the SWP3.
c. If an incident or incidents of non-compliance is identified, then the report must include
all necessary actions to remedy the non-compliance. The identified actions must be
completed as soon as practicable, but no later than 12 weeks following the completion
of the report.
(c) Revision of the SWP3. Within 12 weeks following the completion of the Annual Site
Compliance Inspection Report, the permittee shall revise and implement the SWP3 to include
and address the findings of the report. Revisions must include all changes resulting from the
report and all applicable updates to the following:
(1) elements of the SWP3 requiring modification;
(2) controls(e.g. structural controls or BMPs)that should be added or modified;
(3) site map;
(4) inventory of exposed materials;
(5) description of the good housekeeping measures;
(6) description of structural and non-structural controls; and
(7) any other element of the plan that was either found to be inaccurate or will be modified.
6. Results of Inspections and Monitoring
If the findings of the inspections and monitoring activities in this section demonstrate compliance
with the general permit, then the results of the monitoring are not required to be submitted to the
TCEQ, unless specifically requested to do so. The permittee shall submit the results of monitoring
conducted under this permit that demonstrates noncompliance with any permit condition (see Part
III, Section E.6.).
7. Exceptions to Periodic Inspections and Monitoring
Refer to Part III, Section D.4. for exceptions related to adverse weather conditions and inactive and
unstaffed sites.
Contract Term:
This contract will terminate approximately twelve (12) months from date of execution with the option
to renew four(4) additional years. The City can terminate this contract at its convenience which
includes, but is not limited to, funding not being available in any budget cycle with thirty(30) days
written notice.
Page 10 of 24
Submittal Format:
All submittals must follow the same format. No exceptions to this format will be accepted. To be
accepted for evaluation, the submittal format must address all required components in order.
The aim of the required format is to simplify the submittal preparation and evaluation process and to
ensure that all submittals receive the same orderly review.
All submittals must include the following components:
Section Topic
1 Cover Letter
Firm Profile
3 Project Services
4 Project Team
5 Related Experience and References
6 Proposed Rate Schedule
7 Additional Information
Submittal Components:
A. Cover Letter: Provide a one or two page cover letter. Include the original signed cover letter
with the original submittal and a copy of the cover letter with each copy of the submittal.
The cover letter should provide the following:
• A brief statement of the firm's understanding of the project
• The name, title, phone number, fax number, e-mail address and street address of the
person in the firm's organization who will respond to questions about the submittal
• Highlights of the firm's qualifications and ability to perform the project services
B. Firm Profile: Provide the following information about your firm:
• The firm's name, e-mail address,business address,phone number and fax number
• Types of services and products offered
• Number of years in business
• Number of employees
• The location of the offices that would provide the project services
• A brief statement of the firm's background, demonstrating longevity and financial
stability
C. Project Services: In this section, describe the respondent's expertise with the methods
necessary to perform the project services.
D. Project Team: Start the section by introducing the designated project manager for the
proposed team that your firm will utilize to fulfill the requested scope of services. Only submit
resumes for individuals who will actually be assigned to the project.
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E. Related Experiences and References: For at least 3 relevant projects, include a one- or two-
page project description that demonstrates capabilities with the requested project services;
highlighting any experience with similar cities and local project experience within the past two
years. Include the name of the organization and the name of the person there to contact for a
reference.
G. Additional Information: At your discretion, include additional information that supports your
submittal. However, the additional information section should be used carefully; this section of
the submittal should not constitute the bulk of your submission.
Page 12 of 24
SELECTION PROCESS
All applications will be screened by an evaluation committee and those applicants selected for a short
list may be invited to attend an interview, at the applicants own expense. The City shall not incur any
costs for applicant preparation and/or submittal of qualifications.
The City will evaluate all responses based on the qualifications, past performance and project
approach. The City reserves the right to negotiate the final fee prior to recommending any Firm for a
contract.
The City's process is as follows:
Response to this RFQ will be evaluated in accordance with each item equally:
A. Compliance with Instructions: (20 Points)
The submittal will be evaluated for general compliance with instruction issued in the RFQ.
A noncompliance with significant instruction may be grounds for dismissal.
B. Quality Control: (20 Points)
The submittal will be evaluated on the quality-control process to be implemented to ensure
that quality work products and services can be delivered in a timely and cost-effective
manner.
C. Staff Qualifications: (20 Points)
The submittal will be evaluated on the basis of the firm's demonstration of staff
qualifications. Staff should have a basic knowledge of the City of Port Arthur and the
surrounding areas.
D. Experience with Similar Projects: (20 Points)
The submittal will be evaluated on the basis of current and past experience.
E. Schedule and Availability: (20 Points)
The resource availability will be evaluated in the choice of a firm.
1. City staff shall recommend the qualified Engineering firm(s) to the City Council and
request authority to enter into contract negotiations.
2. When services and fees are agreed upon, the selected firm(s) shall be offered a contract
subject to City Council approval.
3. Should negotiations be unsuccessful, the City shall enter into negotiations with the next
firm(s). The process shall continue until all projects have been assigned to desired qualified
firm(s).
4. This RFQ does not commit the City to pay for any direct and/or indirect costs incurred in
the preparation and presentation of a response. All finalist(s) shall pay their own costs
incurred in preparing for, traveling to and attending interviews.
Page 13 of 24
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 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.
Firm Name Date
Authorized Signature Title
Name (please print) Telephone
Email
STATE:
COUNTY:
SUBSCRIBED AND SWORN to before me by the above named
on this the day of , 20
Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE QUALIFICATION SUBMITTAL
Page 14 of 24
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by N.B.23,84th Leg..Regular Session. OFFICE USE ONLY
Tis questiomae0 is being filed in accordance with Chapter 178.Local Goverment Code,by a vendor who owe Recerwed
las a business relationship as defined by Section 176001(1-a)with a local governmental entity and the
./ardor meets requirements under Section 176.006(a)
Ey law this quesoomaee must be Ned with the records adminrstralor of the local governmental entity not Inver
Sian the 7th business day after the date he vendor becomes aware of facts that require he statement to be
dad See Section 176 008(a-t i.Local Goverrrnent Code
A vendor commits an offense 4 the vendor knowingly violates Section 175 006.Local Government Cnda An
offense unser ens sector,s a misdemeanor
J Name of vendor who has a business relationship with local governmental entity.
?J
D Check this box if you are filing an update to s previously filed questionnaire.ti The law requires that you file an updated
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)
.1 Home of local government officer about whom Me information is being disclosed.
Name of Officer
J 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(ax2)(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
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?
Yes Q No
8 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 d not received from the
local governmental entity?
Yes n No
J Describe each employment or business relationship that the vendor named in Section I 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.
61
l ' Check this box It 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 descrbed in Section 176.003(a-1)
.'J
Signatore of vendor doing business with the governmental enety Date
Form prodded by Texas Excite Commission www ethics state Lx.us Revised it/30,201S
Page 15 of 24
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http www statutes.legis state tx us
Docs'LG'htm'LG 176 htm For easy reference below are some of the sections cited on this form.
Local Government Code¢176.001(1-a):'Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on
(A) a transaction that is subject to rate or fee regulation by a federal slate 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§176.0Q3(a)(2)(A)and(Q);
la)A local government officer shall tile a conflicts disclosure statement with respect to a vendor it
(2) the vendor
(Ai 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 1 76.003(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)(Bi.excluding any
gilt described by Section 176 003(a-1).or
(3) has a family relationship with a local government officer of that locar governmental entity
(a-1 I 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
(Br 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 la)-or
(Cl of a family relationship with a local government officer
Form provided by Texas Ethics Commiss,on www ethics slate tx us Rewsed 11 302015
Page 16 of 24
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:
Title:
Company:
Date:
SUBSCRIBED and sworn to before me the undersigned authority by the of, on
behalf of said bidder.
Notary Public in and for the
State of Texas
My commission expires:
Page 17 of 24
House Bill 89 Verification
I, (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 REPRESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this
day of , 20
Notary Public
Page 18 of 24
SB 252
CHAPTER 2252 CERTIFICATION
I, , the undersigned and
Representative of
(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)
Signature of Company Representative
Date
Page 19 of 24
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 qualifications 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.
ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business
arrangement with any employee, official or agent of the City of Port Arthur.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. Be able to comply with the required or proposed delivery schedule.
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty
service required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
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
Page 20 of 24
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.
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.: Engineering, 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 601f 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 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.
Page 21 of 24
OUANTITIES: 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 REOUIRED 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
Page 22 of 24
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.
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.
Page 23 of 24
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.
DBE:The following will be done to make a good faith effort to hire a minority business
1. Solicitation Lists.Must place small and minority businesses and women's business enterprises on
solicitation lists.2 C.F.R. §200.321 (b)(1 ).
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. § 200.32 1(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. 4200.321 (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).
Page 24 of 24
1. NO FEDERAL 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.
2. 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.
3. 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.
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.
5. 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:
3. 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.
4. 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.
5. 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.
6. 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
6. 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.
7. 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.
8. TERMINATION
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.
9. 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.
10. 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.
11. 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.
12.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.
13. 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.
14. 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.
15. CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United
States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any
equipment, material, or commodities pursuant to the underlying contract to the extent such
vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to
furnish within 20 working days following the date of loading for shipments originating within the
United States or within 30 working days following the date of leading for shipments originating
outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading
in English for each shipment of cargo described in the preceding paragraph to the Division of
National Cargo, Office of Market Development, Maritime Administration, Washington, DC
20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-
lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when
the subcontract may involve the transport of equipment, material, or commodities by ocean
vessel
16. 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.
17. DAVIS BACON
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.
Background and Application
The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The
Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by
a loan or grant from the Federal Government."40 USC 3145(a), 29 CFR 5.2(h),49 CFR
18.36(i)(5). The Acts apply to any construction contract over$2,000. 40 USC 3142(a), 29 CFR
5.5(a). `Construction,' for purposes of the Acts, includes "actual construction, alteration and/or
repair, including painting and decorating."29 CFR 5.5(a). The requirements of both Acts are
incorporated into a single clause(see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced
below.
The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model
clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied.
(1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of
the work (or under the United States Housing Act of 1937 or under the Housing Act of
1949 in the construction or development of the project), will be paid unconditionally and
not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof) due at time of payment
computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such
laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv)
of this section; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually
performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein: Provided, That
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classifications and wage rates conformed under paragraph (1)(ii) of this section) and the
Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and accessible place where it can be
easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage
rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails
in the area in which the work is performed.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the
classification and wage rate (including the amount designated for fringe benefits
where appropriate), a report of the action taken shall be sent by the contracting officer
to the Administrator of the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions,
including the views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination. The Administrator, or an
authorized representative, will issue a determination within 30 days of receipt and so
advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or(C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount
of any costs reasonably anticipated in providing bona fide fringe benefits under a plan
or program, Provided, That the Secretary of Labor has found, upon the written request
of the contractor, that the applicable standards of the Davis-Bacon Act have been met.
The Secretary of Labor may require the contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(v)(A)The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve
an additional classification and wage rate and fringe benefits therefor only when the
following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification
(if known), or their representatives, and the contracting officer agree on the classification
and wage rate (including the amount designated for fringe benefits where appropriate), a
report of the action taken shall be sent by the contracting officer to the Administrator of
the Wage and Hour Division, Employment Standards Administration, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise
the contracting officer or will notify the contracting officer within the 30-day period that
additional time is necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe
benefits, where appropriate), the contracting officer shall refer the questions, including
the views of all interested parties and the recommendation of the contracting officer, to
the Administrator for determination. The Administrator, or an authorized representative,
will issue a determination with 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is
necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is
performed in the classification.
(2) Withholding - City Utilities shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be
withheld from the contractor under this contract or any other Federal contract with the
same prime contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, City
Utilities may, after written notice.to the contractor, sponsor, applicant, or owner, take
such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of
three years thereafter for all laborers and mechanics working at the site of the work (or
under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof of the types described in section
1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount
of any costs reasonably anticipated in providing benefits under a plan or program
described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee
programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to City Utilities for transmission to the Federal Transit
Administration as requested. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible
for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse
side of Optional Form WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph(a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and
shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(5) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work
at less than the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or
her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who
has been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the ratio permitted to
the contractor as to the entire work force under the registered program. Any worker
listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress, expressed as a percentage of
the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe
benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator of the Wage
and Hour Division of the U.S. Department of Labor determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws
approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved. (iii) Equal employment opportunity - The
utilization of apprentices, trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR
part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3,which are incorporated by reference in this contract.
(6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be responsible for the compliance by any subcontractor or lower tier subcontractor with
all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment- A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are
herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the employees or their representatives.
(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001
18. .CONTRACT WORK HOURS AND SAFETY STAND- ARDS ACT — OVERTIME
COMPENSATION
1. Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times the
basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefore shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of$10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1)of this section.
3. Withholding for unpaid wages and liquidated damages- The (write in the name of the
grantee) shall upon its own action or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by the
same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this section.
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.
19. BONDING
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 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.
PERFORMANCE AND PAYMENT BOND REQUIREMENTS: Per Government Code
Chapter 2253. Bonds. If the contract exceeds fifty thousand dollars ($50,000) a payment bond is
required. If the contract exceeds one hundred thousand dollars ($100,000) a performance bond is
required. Performance and Payment Bonds shall be furnished on prescribed forms in the amount
of one hundred percent (100%) of the contract price with corporate surety duly authorized to do
business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a
certified and effective date copy of their Power of Attorney.
20. SEISMIC SAFETY
The contractor agrees that any new building or addition to an existing building will be designed
and constructed in accordance with the standards for Seismic Safety required in Department of
Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the
extent required by the regulation. The contractor also agrees to ensure that all work performed
under this contract including work performed by a subcontractor is in compliance with the
standards required by the Seismic Safety Regulations and the certification of compliance issued
on the project.
21. 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.
22. 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
23. 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.).
24. 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 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.
25. RECYCLED PRODUCTS.
The contractor agrees to comply with all the requirements of Section 6002 of the Resource
Conservation and
Recovery Act(RCRA), as amended(42 U.S.C. 6962), including but not limited to the 40 CFR
Part 247, and
Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of
40 CFR 247.
1.**0-
City of : -CITY OF PORT ARTHUR,TEXAS
wt2r ADDENDUM NO. ONE (1)
Texas
March 10, 2020
Bid For: Stormwater Management Program
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
The rate schedule is not required. The City will negotiate with the highest ranked engineer.
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.
Cli n Williams, CPPB
Purchasing Manager
Signature of Proposer Date
Exhibit B
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