HomeMy WebLinkAboutPR 22658: JANITORIAL SERVIES AT PORT ARTHUR TRANSIT FACILITES City of Port Arthur
Transit Department
Memorandum
To: Ron Burton,City Manager
From: Ivan Mitchell,Transit Director
Date: July 09,2022
Re: P.R 22658—Janitorial Services at Port Arthur Transit Facilities
Nature of Request: Authorize the City Manager to execute a contract with Agape Cleaning Enterprises
Service of Houston,Texas for janitorial services at Port Arthur Transit's(PAT)facilities in the
amount not to exceed$29,961.00.
Background: It is imperative for PAT to maintain clean and sanitary facilities for employees and
citizens of the City of Port Arthur.Agape Cleaning Enterprises Service will provide the janitorial
services needed to maintain clean and sanitary facilities for PAT.
The PAT received four(4)bids that met their specifications regarding janitorial services. The lowest
bidder was Agape Cleaning Enterprises Service of Houston,Texas.Accordingly,PAT recommends
the lowest responsible bidder be awarded the contract for janitorial services at its facilities: Agape
Cleaning Enterprises Service of Houston,Texas.
Recommendation: It is recommended that the City Council approve proposed P.R. 22658 for the
janitorial services at PAT's facilities in the amount not to exceed$29,961.00.
Budgetary/Fiscal Effect: Funding available in Account 401-500-5470-00-60-00 PROJECT NO.
TR307A-TAD OCS
P.R.No.22658
07/09/2022 CN
RESTHOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE (1)
YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND AGAPE
CLEANING ENTERPRISES SERVICE OF HOUSTON TEXAS FOR JANITORIAL
SERVICES AT PORT ARTHUR TRANSIT FACILITIES IN AN AMOUNT NOT TO
EXCEED $29,961.00. FUNDS AVAILABLE IN ACCOUNT 401-500-5470-00-60-00,
PROJECT NO. TR307A-TAD-OCS
WHEREAS,there is a need to obtain janitorial service for the Transit Division facilities;
and,
WHEREAS,the specifications were e-mailed to various vendors with four(4)bids being
received, see bid tabulation attached hereto as Exhibit" A"; and,
WHEREAS,Agape Cleaning Enterprises Service of Houston, Texas, was the lowest and
most responsive bid in an amount of$29,961.00 for a one (1)year contract with an option to
renew for two additional one-year periods.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct.
THAT,the City Manager is hereby authorized and directed to execute on behalf of the City
of Port Arthur a one-year contract with the option to renew for two additional one-year periods
with Agape Cleaning Enterprises Service of Houston, Texas for janitorial services for the Transit
Division facilities in the not to exceed amount of$ 29,961.00, in substantially the same form as
attached hereto as Exhibit"B"
THAT, a copy of the caption of this Resolution is spread upon the Minutes of the City
Council.
READ,ADOPTED AND APPROVED,this day of August, A.D., 2022, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
P.R. 22658
7/29/2022 CN
AYES:
Mayor:
Councilmembers:
•
NOES:
Thurman "Bill" Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APP OVED AS TO FORM:
�—
y (JLi /
al Tizeno,Lity Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY
OF FUNDS:401-70-500-5470-00-60-000
Ronald Burton Kandy Daniej
City Manager In rim Director of Finance
w✓"vNz �r
Clifton Williams, CPPB Ivan itchell
Purchasing Manger Transit Director
Exhibit "A"
_"` ���� CITY OF PORT ARTHUR TEXAS
ciry o f — Bid Tabulation
Janitorial Services for Transit
Vrt rthur Bid Opening Location: City Hall 5th Floor Council
Bid Opening Date: June 22,2022
r`"'` P22-068
Webb Professional AHC Services. D Oliver Lawn Agape Cleaning
Janitorial LLC Care Diamond Shine Enterprises
Unit Total Unit Total Unit Total Unit Total Unit Total
Qty UOM Description Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost
Administrative
12 Months Building $3,210.50 $38,526.00 $1,800.36 $21,604.35 $1,666.66 $19,999.96 $2,330.50 $27,966.00 $955.00 $11,460.00
12 Months Service Center $2,421.00 $29,052.00 $1,240.77 $14,889.28 $1,666.66 $19,999.96 $1,250.25 $15,003.00 $845.00 $10,140.00
12 Months Terminal $1,210.50 $14,526.00 $750.25 $9,003.05 $1,666.66 $19,999.96 $1,080.25 $12,963.00 $696.83 $8,361.96
12 Months Total $6,842.00 $82,104.00 $3,791.38 $45,496.68 $4,999.98 $59,990.88 $4,661.00 $55,932.00 $2,496.83 $29,961.96
Acknowledged
Addendum 1 & 2 Yes Yes Yes Yes Yes
Location Port Arthur, TX Beaumont, TX Nederland, TX Port Arthur, TX Houston, TX
Yolanola &G5plcn—Go deaw 6/23/_22
Yolanda Scypion-Goudeaux<Purchasing Assistant Date:
Exhibit " B"
City of Port Arthur Transit Department
Janitorial Services Contract
THIS AGREEMENT, made this day of , 2022 by and between the
City of Port Arthur, hereinafter called: "OWNER" or"CITY" and Agape Cleaning Enterprises
Service of Houston, Texas hereinafter called"CONTRACTOR"agrees as follows:
WITNESSETH: That for, and in consideration of payments, terms, conditions, and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this CONTRACT shall be for one (1) year from the date stated on the
Notice to Proceed with an option to renew for two additional one-year periods,
unless sooner terminated under the provisions hereof. The CITY reserves the
right to terminate this contract at its convenience which includes, but is not
limited to; funding not being available in any budget cycle within thirty (30) days
written notice.
2. The CONTRACTOR agrees to perform all work described in the specifications,
contract documents and comply with the terms therein in the amount of$2,496.83
per month with an annual not to exceed amount of$29,961.96.
3. The term"Contract Documents"means and includes the following:
(A) Agreement
(B) BID Tabulation
(C) General Conditions
(D) Specifications
4. This agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
5. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in two (2) copies of
which shall be deemed an original on the date first written above.
Signed on the day of , 2022.
CITY OF PORT ARTHUR
BY
Ronald Burton, City Manager
ATTEST:
City Secretary
Signed on the day of , 2022.
CONTRACTOR:
Agape Cleaning Enterprises Service
BY
Print Name:
Title:
WITNESS:
Signature
Print Name
It
as of
-CITY OF PORT ARTHUR, TEXAS
ort rt&�r' ADDENDUM NO. ONE (1)
Tratu
June 7, 2022
BID FOR: Janitorial Service for Transit
The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of
the contract documents and change the original documents only in the manner and to the extent hereinafter
stated and shall be incorporated in the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all
BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF
THEIR BID.
Addendum as follows
1. DEADLINE: Sealed bid submittals must be received and time stamped by 3:00p.m., Central Standard
Time, Wednesday, June 15, 2022 (The clock located in the City Secretary's office will be the official
time.) All bids received will be read aloud at 3:15p.m. on Wednesday, June 15, 2022 in the City
Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Bids will be opened in a manner to avoid
public disclosure of contents; however, only the names of proposers will be read aloud.
2. Addendum#2 will follow.
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.
rL 61Ai
Clifton Williams, CPPB
Purchasing Manager
C /o
Signature of Proposer Date
AG/4-06. CleAlIONG
Company Vendor Name
44• '��pp/�
cky %J���— -CITY OF PORT ARTHUR,TEXAS
VitVittrlhu�i`'~ ADDENDUM NO. TWO (2)
t rthctig"--
Tams
June 13, 2022 •
BID FOR: Janitorial Service for Transit
The following clarifications, amendments,deletions,additions,revision and/or modifications are made a part of the contract
documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in
the contract documents.
Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE
REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID.
Addendum as follows
• 1. DEADLINE: Sealed bid submittals must be received -:and time stamped by 3:00p.m., Central Standard Time,
Wednesday,June 22,2022 (The clock located in the City Secretary's office will be the official time.) All bids received
will be read aloud at 3:15p.m. on Wednesday, June 22, 2022 in the City Council Chambers, City Hall, 5th Floor, Port
Arthur, TX. Bids will be opened in a manner to avoid public disclosure of contents; however, only the names of
proposers will be read aloud.
2. Revised Bid Sheet is attached
3. Scope of Service: Service shall be six(6)nights weekly Monday-Saturday this includes holiday within the operating
hours if the facility is open. Scheduled work hours are between the hours of 6:00PM-9:00PM-Vendor will be supplied
an access card and keys
. 4. Cleaning service not required by the bidder is the Coin changer room located in maintenance building. Admittance ,
into this area is restricted.Only clean when requested by Transit Management.
5. Conference room clean and vacuum three(3) days a week.
6. Administrative Building-All glass door entrances and window panels adjacent to the doors are to be cleaned daily
inside and outside. Glass window in lobby at front desk clean daily inside and outside. Clean window seals twice a
month in administrative building.
7. 2"Floor in Administrative building- Sweep and mop upstairs three(3)days a week. Sweep steps three(3)days a
week. Semi-Annually Strip and wax floor.
• 8. Terminal-Clean daily the inside and outside the glass door entrances and window panels adjacent to the doors.Clean
the inside of all windows located in the terminal once a week or as requested my management. Note The Terminal
close at 6:15.
9. Note: Spray buff quarterly all buildings. Semiannual waxed and strip floors for all buildings. No bleach should be used
on the floors.
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.
Clifton Williams, CPPB
Purchasing Manager
4 aa,
ignature of roposer Date
AGA PL--r Czeoly NG L'it1�E�P/1/SC
Company Vendor Name
THURMAN BILL BARTIE,MAYOR RONALD BURTON
INGRID HOLMES,MAYOR PRO TEM City of - CITY MANAGER
COUNCIL MEMBERS: SHERRI BELLARD,TRMC
CAL JONES CITY SECRETARY
THOMAS KINLAW HI r,r t r t dt u r
KENNETH MARKS VAL TIZENO
CHARLOTTE MOSES Texas CITY ATTORNEY
DONALD FRANK,SR.
MAY 24,2022
INVITATION TO BID
JANITORIAL SERVICES FOR TRANSIT BUILDING
DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard
Time, Wednesday, June 8, 2022. (The clock located in the City Secretary's office will be the official time.)
All bids received will be read aloud at 3:15 p.m. on Wednesday, June 8, 2022 in the City Council Chambers,
City Hall, 5th Floor, Port Arthur, TX. You are invited to attend.
MARK ENVELOPE: P22-068
DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY or CITY SECRETARY
P.O. BOX 1089 444 4TH STREET, 4th Floor
PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640
POINTS OF CONTACT:
Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to:
City of Port Arthur, TX
Clifton Williams
P.O. Box 1089
Port Arthur, TX 77641
clifton.williams@portarthurtx.gov
Purchasing Division/Finance Department 1 Purchasing Manager,Clifton Williams,CPPB
P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291
The enclosed Invitation to Bid(ITB) and accompanying General Instructions, Conditions and Specifications are
for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur.
Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed
envelope, with the Vendor's name and address in the upper left-hand corner of the envelope.
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE
AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above
location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically
transmitted ITB submittals will not be accepted.
Clifton Williams, CPPB
Purchasing Manager
Page 2 of 33
INVITATION TO BID
JANITORIAL SERVICES FOR TRANSIT BUILDING
(To be Completed ONLY IF YOU DO NOT BID)
FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN
REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request.
In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s).
Your assistance in completing and returning this form in an envelope marked with the enclosed bid
would be appreciated.
NO BID is submitted: this time only not this commodity/service only
Yes No
Does your company provide this product or services?
Were the specifications clear?
Were the specifications too restrictive?
Does the City pay its bills on time?
Do you desire to remain on the bid list for this product or service?
Does your present work load permit additional work?
Comments/Other Suggestions:
Company Name:
Person Completing Form: Telephone:
Mailing Address: Email:
City, State,Zip Code: Date:
Page 3 of 33
MANDATORY
PRE-BID CONFERENCE
A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur, Texas and
prospective bidders for Janitorial Services for Transit Department will be held on Thursday, June 2, 2022
at 2:00 p.m. at Transit Administration Building located at 344 Procter, Port Arthur, Texas.
The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of work is fully understood,
to answer any questions, to clarify the intent of the Contract Documents, and to resolve any problems that may
affect the project construction. No addendum will be issued at this meeting, but subsequent thereto, the
Purchasing Manager, if necessary, will issue an addendum(s) to clarify the intent of the Contract Documents.
Bids received from firms or individuals not listed on the roll of attendees of the Mandatory Pre-Bid Conference
will be rejected and returned unopened to the bidder.
Page 4 of 33
SPECIFICATIONS FOR
THE TRANSIT FACILITIES
ADMINISTRATIVE, SERVICES CENTER AND TRANSIT TERMINAL
SCOPE OF SERVICES:
To set forth the requirements and conditions for performing Janitorial/Cleaning services for locations listed
below. The bidder shall perform the required services in all areas and shall be qualified to furnish a complete
and efficient custodial service, including all labor, supervision, cleaning materials and equipment. The
successful bidder(s) shall be prepared to perform each task as stated according to the work schedule. Janitorial
Services shall be provided (5) nights weekly, Monday through Thursday and Saturday this includes holiday
within the operating day if the facilities in open. ALL regular scheduled NIGHT cleaning listed below MUST
be done during the hours of 6:00 p.m. - 8:00 p.m.
CONTRACT PERIOD:
The term of this contract shall be for (1)years with option to renew for two additional one year periods. This
contract is federally funded through the Federal Transit Administration. Bidders are advised to review and
sign off on the enclosed federal required contract clauses.
AREAS TO BE CLEANED:
Administration Building 344 Procter Street-Approximately 4353sq ft, Transit Terminal, 300 Procter-
Approximately 3,000 sq ft, Transit Service Center, 347 4th Street-Approximately 1,814 sq ft.
EMPLOYEES:
The supervisors' and employees' names and telephone number and number/cell phone, if applicable, must be
submitted before the contract begins.
Contractor shall supply sufficient employees to maintain the buildings as required in these specifications.
Personnel performing work under this contract shall be direct employees of the Contractor. The Contractor must
ensure that all personnel assigned to this work site have at least one year's experience in the janitorial services
industry, either with the contractor or another janitorial company. Should the maintenance of the building
deteriorate, the Contractor will be notified, in writing, and steps shall be taken by the Contractor to correct all
problems. If the situation has not improved after a reasonable length of time, the Contractor shall be in
violation of the contract and appropriate action shall be taken to rescind the contract.
The City of Port Arthur shall have the right to require the dismissal from the premises covered by the contract
any employee(s) whose conduct is improper, inappropriate, or offensive as determined by the City of Port
Arthur. Any employee so dismissed from working on this contract shall not be allowed to return to the premises
without the written consent of the City. Personnel not employed by the Contractor (including minors not
employed by the contractor) shall not be permitted on the work premises.
INSPECTIONS:
The quality of the janitorial services performed under this contract shall be observed. Unscheduled job-site
inspections will be performed by the City Representative. Any deficiencies or unsatisfactory performance shall
be noted, and corrective action by the Contractor will be required. Continued failure to abide by the City's
specifications will be grounds for termination of the contract. A minimum of one (1) monthly daylight
inspection will be made by the City Representative and Contractor's representative.
REFERENCES/EXPERIENCE:
Each Bidder shall submit a list, with their bid, of commercial references for their performance of similar
janitorial services. Preferred references are those of similar size and scope of work performed within the past
twelve months. Please include name, address, and telephone number of business along with the name and title
of the person to contact. Bidder shall have a minimum of five (5) years of documented janitorial service
experience.
Page 5 of 33
I/
CITY OF PORT ARTHUR TEXAS
City of Bid Tabulation
/, , \, Janitorial Services for Transit
nrt rf ft u Bid Opening Location: City Hall 5th Floor Council
Bid Opening Date: June 22,2022
texas P22-068
Webb Professional AHC Services. D Oliver Lawn Agape Cleaning
Janitorial LLC Care Diamond Shine Enterprises
Unit Total Unit Total Unit Total Unit Total Unit Total ,
Qty UOM Description Cost Cost Cost Cost Cost Cost Cost Cost Cost Cost
Administrative
12 Months Building $3,210.50 $38,526.00 $1,800.36 $21,604.35 $1,666.66 $19,999.96 $2,330.50 $27,966.00 $955.00 $11,460.00
12 Months Service Center $2,421.00 $29,052.00 $1,240.77 $14,889.28 $1,666.66 $19,999.96 $1,250.25 $15,003.00 $845.00 $10,140.00
12 Months Terminal $1,210.50 $14,526.00 $750.25 $9,003.05 $1,666.66 $19,999.96 $1,080.25 $12,963.00 $696.83 $8,361.96
12 Months Total $6,842.00 $82,104.00 $3,791.38 $45,496.68 $4,999.98 $59,990.88 $4,661.00 $55,932.00 $2,496.83 $29,961.96
Acknowledged
Addendum 1 & 2 Yes Yes Yes Yes Yes
Location Port Arthur, TX Beaumont, TX Nederland, TX Port Arthur, TX Houston, TX
Wanda scup/on-Goguleaw 6/23/22
Yolanda Scypion-Goudeaux<Purchasing Assistant Date:
SPECIFICATIONS FOR
THE TRANSIT FACILITIES
ADMINISTRATIVE, SERVICES CENTER AND TRANSIT TERMINAL
SCOPE OF SERVICES:
To set forth the requirements and conditions for performing Janitorial/Cleaning services for locations listed
below. The bidder shall perform the required services in all areas and shall be qualified to furnish a complete
and efficient custodial service, including all labor, supervision, cleaning materials and equipment. The
successful bidder(s) shall be prepared to perform each task as stated according to the work schedule. Janitorial
Services shall be provided (5) nights weekly, Monday through Thursday and Saturday this includes holiday
within the operating day if the facilities in open. ALL regular scheduled NIGHT cleaning listed below MUST
be done during the hours of 6:00 p.m. - 8:00 p.m.
CONTRACT PERIOD:
The term of this contract shall be for(1)years with option to renew for two additional one year periods. This
contract is federally funded through the Federal Transit Administration. Bidders are advised to review and
sign off on the enclosed federal required contract clauses.
AREAS TO BE CLEANED:
Administration Building 344 Procter Street-Approximately 4353sq ft, Transit Terminal, 300 Procter-
Approximately 3,000 sq ft, Transit Service Center, 347 4th Street-Approximately 1,814 sq ft.
EMPLOYEES:
The supervisors' and employees' names and telephone number and number/cell phone, if applicable, must be
submitted before the contract begins.
Contractor shall supply sufficient employees to maintain the buildings as required in these specifications.
Personnel performing work under this contract shall be direct employees of the Contractor. The Contractor must
ensure that all personnel assigned to this work site have at least one year's experience in the janitorial services
industry, either with the contractor or another janitorial company. Should the maintenance of the building
deteriorate, the Contractor will be notified, in writing, and steps shall be taken by the Contractor to correct all
problems. If the situation has not improved after a reasonable length of time, the Contractor shall be in
violation of the contract and appropriate action shall be taken to rescind the contract.
The City of Port Arthur shall have the right to require the dismissal from the premises covered by the contract
any employee(s) whose conduct is improper, inappropriate, or offensive as determined by the City of Port
Arthur. Any employee so dismissed from working on this contract shall not be allowed to return to the premises
without the written consent of the City. Personnel not employed by the Contractor (including minors not
employed by the contractor) shall not be permitted on the work premises.
INSPECTIONS:
The quality of the janitorial services performed under this contract shall be observed. Unscheduled job-site
inspections will be performed by the City Representative. Any deficiencies or unsatisfactory performance shall
be noted, and corrective action by the Contractor will be required. Continued failure to abide by the City's
specifications will be grounds for termination of the contract. A minimum of one (1) monthly daylight
inspection will be made by the City Representative and Contractor's representative.
REFERENCES/EXPERIENCE:
Each Bidder shall submit a list, with their bid, of commercial references for their performance of similar
janitorial services. Preferred references are those of similar size and scope of work performed within the past
twelve months. Please include name, address, and telephone number of business along with the name and title
of the person to contact. Bidder shall have a minimum of five (5) years of documented janitorial service
experience.
Page 5 of 33
The Contractor is responsible for instructing his/her employees on appropriate safety measures, including but
not limited to safe use of all chemicals, materials and supplies used to perform these services. Walkways and
halls shall be kept free of unattended mops, brooms, machines and other tools. "Wet floor" signs shall be
displayed in areas being wet or damp mopped. Signs shall be removed and stored after floors have dried.
The contractor shall accompany a Designated City Employee on a tour throughout the areas to receive this
janitorial service to establish and mutually agree upon the condition of surfaces, fixtures, furnishings and other
City and personal property before starting work on this contract. Surfaces, fixtures or furnishings subsequently
damaged by the contractor's employees shall be replaced or repaired to original condition,at no cost to the city.
The contractor shall obtain and maintain in effect throughout the duration of this contact, all insurance required
by the City of Port Arthur.
SECURITY NOTE:
Bidder will be held responsible for securing all entrances as well as disarming and rearming the Building's
Electronic Security/Fire Alarm System.
QUALITY ASSURANCE:
Providing Transit Management with a Janitorial Services compliance checklist, bi-weekly, will be a
requirement in meeting contract specifications and payment.
CLEANING SERVICES NOT REQUIRED BY BIDDERS:
Bidder will not be required to clean or maintain maintenance storage office, located within the garage area of
the building. Admittance into the maintenance storage office is restricted.
Bidder will not be required to clean or maintain Coin Changer Room located in maintenance main office area.
Admittance into this area is restricted.
SUPPLIES FURNISHED BY CONTRACTOR:
Contractor shall furnish all materials, supplies and equipment including, but not limited to, paper towels, toilet
tissue, hand soap, deodorant blocks, bowl cleaner, wax remover and wax, dust mops, damp mops, wet floors
signs ,brooms, buffer, vacuum cleaners, cloths, and anything else pertaining to cleaning as well as plastic liners
for trash wastebasket containers.
PRODUCT RESTRICTIONS:
ENDUST is not to be used at any time for any reason in the Transit Service Center and Transit Terminal —NO
EXCEPTIONS.
No harsh cleaners shall be used on wallpaper or vinyl walls.
Do not use furniture polish on any metal surface.
PRODUCT REQUIREMENTS:
The Contractor shall furnish all materials
Furniture polish for desk or wood items
All-purpose cleaner for restrooms
Spray Buff concentrated film-forming restorer shine
Simply Green for mopping floors.
PRODUCT REQUIREMENTS FOR CERAMIC TILE CARE MAINTENANCE:
A general-purpose cleaner.
NOTE: THE BURDEN OF REQUESTED MATERIALS SHALL BE THE RESPONSIBILITY OF THE
CONTRACTOR.
Page 6 of 33
The following definitions of terms shall be used in evaluating Janitorial services:
Dusting - A properly dusted surface shall be free of all dirt and dust, dust streaks, lint, and cobwebs. Dusting
shall be completed before vacuuming, sweeping/dust mopping.
Sweeping/dust mopping-A properly swept or dust mopped floor shall be free of all dirt, grit, lint and debris.
Vacuuming- A properly vacuumed carpet or floor shall be free of all dirt, dust, grit, lint and debris. All spots or
stains shall be removed by the spot cleaning methods. The machine used to vacuum shall have adequate suction
to lift dirt, grit and debris from the base of the carpet nap (3.5.amps or greater). All stains shall be removed
immediately with an approved carpet cleaning solution in such a manner as to not leave rings or discoloration.
Wet mopping- A properly wet mopped floor shall be free of all dirt, dust, grit, and debris. Fresh water, to which
odorless detergent or cleaning agent has been added, shall be used with a sponge-type mop to removes all dirt
and marks. Most of the water shall be squeezed from the mop prior to its application to the floor surface, to
prevent free-flowing water from being applied to the floor.
Damp mopping - A properly damp mopped floor shall be free of all dirt, dust, grit, marks and debris. Fresh
water, to which an odorless detergent or cleaning agent has been added, shall be used with a sponge-type mop
to remove all dirt and marks. Most water shall be squeezed from the mop prior to its application to the floor
surface, to prevent free-flowing water from being applied to the floor.
Glass cleaning - A properly cleaned glass/mirror surface shall be free of streaks dust film, deposits, debris, and
stains shall have a uniformly bright appearance. All adjacent surfaces shall be wiped clean. Glass windows,
doors and walls shall be cleaned both sides.
Floor waxing, buffing- A properly waxed and /or buffed floor shall be free of dirt, dust marks, streaks, debris,
built—up wax, and standing waters, and shall have a uniformly bright, lustrous appearance
Sinks water fountain cleaning —these fixtures and their hardware, when properly cleaned, shall be free of all
deposits, stains, streaks, film, and debris and shall be dry polished to a uniformly bright appearance.
Plumbing- fixture, restroom stall, wall, floor cleaning- these restroom surface, when properly cleaned, shall be
free of all deposits, stains, streaks, film, odor, debris, and germs.
CONTRACTOR SHALL PERFORM THE FOLLOWING SPECIFIC ITEMS OF WORK UNDER THIS
CONTRACT: (Transit Manager may request additional cleaning if needed)
DAILY SERVICES-FIVE(5) TIMES PER WEEK(MONDAY THROUGH THURSDAY AND SATURDAY
FOR ALL BUILDINGS.
ADMINISTRATIVE OFFICE CONFERENCE AND DRIVER'S ROOM:
All floor surfaces will be swept and/or vacuum, including office restrooms,
All scuff marks will be cleaned.
Clean all furniture to include desks, tables, chairs, file cabinets, bookshelves and telephones taking care not to
disturb papers left on desks.
Clean and wash all Formica counter tops thoroughly.
Clean and polish daily (with stainless steel cleaner/non-abrasive cleaner) the admin office utility sink and faucet
fixture. Located in the breakroom. Remove all items out of the sink before cleaning. Contractors are not
required to clean items left in the sink.
Clean doors, door frames, and Formica counter tops with a non —abrasive disinfected cleaner.
All wall switches and area around the wall switches will be kept clean and free of spots, smudges and foreign.
Page 7 of 33
All trash receptacles will be emptied, disinfected and lined. Provide/replace trash can liners as required. Trash
can liners shall be placed and replaced weekly at a minimum, or when they become stained, soiled or torn.
Dispose of trash in outside dumpster provided by the City.
Pick up any trash on floors.
Damp mop with a CLEAN mop all floors as daily special attention to the floor area next to walls, file cabinets,
bookcases, etc.
RESTROOMS AND SHOWERS:
Restrooms/Shower floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting cleaner.
Clean all mirrors.
All restrooms/shower fixtures, including lavatory sinks, commodes, and urinals will be scoured and disinfected
and kept free of scales at all times.
All soap, towel, and tissue dispensers will be filled nightly.
Clean doors, door frames as needed, and Formica counter tops with a non—abrasive disinfected cleaner.
Restroom wall and switches will be kept clean and free of spots, smudges and foreign.
CONFERENCE ROOM:
Conference room will be vacuum and dusted as needed.
WEEKLY SERVICES:
Clean ledges and window sills, and mini blinds in main offices.
STRAY BUFF ADMINISTRATION BUILDING ONCE A MONTH.
Stray buff administrative building apart from the and restrooms
SEMI-ANNUALLY STRIP AND WAX ADMINISTRATION BUILDING.
Strip, reseal, and wax all tile floors.
MONTHLY SERVICES:
Supervisor will monitor work and see that it is done to specifications. A compliance checklist will be submitted
to Transit Management bi-weekly.
TRANSIT TERMINAL DAILY SERVICES-LOBBY WAITING AREA (MONDAY THROUGH
SATURDAY)
All floor surfaces will be swept and Mopped with water & required portion of a general-purpose cleaner
(Simply Green)daily.
All scuff marks will be cleaned daily.
Clean and disinfect all table tops, seats and their metal frame assemblies 'on a daily basis, additional cleaning
maybe requested by Transit Management.
Drinking fountains will be cleaned and disinfected and all exposed metal shall be polished and kept free of
foreign matter. Clean, dry polish water fountains with a stainless steel cleaner/non- abrasive, odorless cleaner.
Cleaning of the fountains should be done daily.
Wipe clean walls, money changer facing, and trim, additional cleaning maybe requested by Transit
Management.
All glass doors leading into lobby, lower front glass pane windows, and glass display case doors will be cleaned
to remove smudges and fingerprints.
Clean doors, door frames with a non—abrasive disinfected cleaner
Page 8 of 33
Drinking fountain will be cleaned and disinfected and all exposed metal shall be polished and kept free of
foreign matter. Clean, dry polish water fountain with a non-abrasive, odorless cleaner.
Empty and reline trash containers with new liners.
RESTROOMS:
All floor surfaces will be swept and Mopped with water& required portion of a general-purpose cleaner daily.
Clean all mirrors.
All restroom fixtures, including lavatory sinks, commodes, and urinals will be scoured and disinfected and kept
free of scales at all times.
All soap, towel, and tissue dispensers will be filled nightly.
Clean doors, door frames, and Formica counter tops with a non—abrasive disinfected cleaner.
Restroom wall and switches will be kept clean and free of spots, smudges and foreign.
OUTSIDE TRASH RECEPTACLES(MONDAY THROUGH SATURDAY):
Trash Receptacles are to be emptied daily or as needed. Change trash liners daily.
MECHANICAL AND SUPPLY ROOMS(ONCE A WEEK OR AS NEEDED):
Sweep Floors.
Damp mop with a CLEAN mop and buff vinyl tile floor in Supply Room.
BI-WEEKLY SERVICES FOR TRANSIT TERMINAL:
Supervisor will monitor work and see that it is done to specification. A compliance checklist will be submitted
to Transit Management bi-weekly.
STRA Y BUFF SEMI-ANNUALLY TRANSIT TERMINAL.
Stray buff Transit Terminal.
MONTHLY SERVICES FOR TRANSIT TERMINAL:
Supervisor will monitor work and see that it is done to specification. A compliance checklist will be submitted
to Transit Management monthly.
TRANSIT SERVICE CENTER MAINTENACE OFFICE AND RESTROOM
All floor surfaces will be swept and/or vacuum including restroom.(Simple Green)
All scuff marks will be cleaned.
Clean all furniture to include desks, tables, chairs, file cabinets, bookshelves and telephones taking care not to
disturb papers left on desks.
Clean and wash all Formica counter tops thoroughly.
Clean and polish daily (with stainless steel cleaner/non-abrasive cleaner) the rear office utility sink and faucet
fixture.
Clean doors, door frames, and Formica counter tops with a non—abrasive disinfected cleaner.
All wall switches and area around the wall switches will be kept clean and free of spots, smudges and foreign.
All trash receptacles will be emptied, disinfected and lined. Provide/replace trash can liners as required. Trash
can liners shall be placed and replaced weekly at a minimum, or when they become stained, soiled or torn.
Dispose of trash in outside dumpster provided by the City.
Pick up any trash on floors.
Page 9 of 33
Damp mop with a CLEAN mop all floors as needed, special attention to the floor area next to walls, file
cabinets, bookcases, etc.
DAILYSERVICE;RESTROOMS AND SHOWERS:
Restrooms/Shower floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting cleaner.
Clean all mirrors.
All restrooms/shower fixtures, including lavatory sinks, commodes, and urinals will be scoured and disinfected
and kept free of scales at all times.
All soap,towel, and tissue dispensers will be filled nightly.
Clean doors, door frames, and Formica counter tops with a non—abrasive disinfected cleaner.
Restroom wall and switches will be kept clean and free of spots, smudges and foreign.
WEEKLY SERVICES:
Clean ledges and window sills, and mini blinds in main offices.
Lightly strip,wax, and buff all title floors.
STRAY BUFF ONCE-A-MONTH TRANSIT SERVICE CENTER OFFICE AREA.
Stray buff Transit service center offices.
SEMI-ANNUALLY STRIP AND WAX TRANSIT SERVICE CENTER.
Strip, reseal, and wax all tile floors in the service center offices. buffer.
MONTHLY SERVICES:
Supervisor will monitor work and see that it is done to specifications. A compliance checklist will be submitted
to Transit Management monthly .
Page 10 of 33
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Janitorial Service for Transit
BID DUE DATE: June 8,2022
DESCRIPTION UOM QUANTITY UNIT COST TOTAL COST
Janitorial Service for Transit , a c ocv
Admin Building MTH 12 . $ 9' • $ //, 4z4O •
Janitorial Service for Transit
Terminal - ' MTH 12 ' $ ,51..`� u v $ /o /�O •
0 ,
Janitorial Service for Transit
Maintenance Building . MTH 12 $ 4 g4 . 3 $ � ,36/ g L
,4Gi9PeCLM?N/n/(6/i'6, R/sc's 43Li-o ,✓,6LAP/,b 6C ic•Rc'
COMPANY NAME - ; STREET ADDRESS
aANIow-
�. _s_A _ _ - 57 /-434t
SIGN•TURE OF BIDDER P.O.BOX
►cAwi9i6,- /4 if d as 7OAJ / • 7 70 4/
RINT OR TYPE NAME CITY STATE �CI`E ZIP
/ 4ts/b it/7 fi/-?a -F74z-tea 4A
TITLE AREA CODE TELEPHONE NO
EMAIL FAX NO.
Page 11 of 33
CITY OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Janitorial Service for Transit
BID DUE DATE: June 8, 2022
DESCRIPTION UOM QUANTITY UNIT/ COST TOTAL COST
Janitorial Service for Transit $ �9�0 'S3 $ 029,(74 i ''
Afr6 eL9-fY/1V - &' ' /), /SC 63V-O, E LAP)bar- PRwy
COMPANY NAME STREET ADDRESS
SIGNATURE OF B ER P.O. BOX .3 if
/c,c'a6RL /, R4_ Z 7 704,-i
PRINT OR TYPE NAME CITY STA E ZIP
P0?6--SZA ..1117.- S23a — —s
TITLE AREA CODE TELEPHONE NO
EMAIL FAX NO.
Page 11 of 33
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: /D/PEs/� ENS
Company: A-GY4P6-- Cc-CAN/,VG S;v 7-L7=A ?A'szy
Date: 6 _/o -a;,
SUBSCRIBED and sworn to before me the undersigned authority by Lthe 1' ' `of, -Gr�on f
behalf of said bidder. G'
Notary Public in and-for the
"v FOP! MARK TOGUCHI
2 `• Notary ID#132202383 State of Texas
qr7�` p My Commission Expires
October 8, 2023 U F-G�
My commission expires:/ Z )
Page 12 of 33
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 v ith 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.
irm Name Date
aQ PRaSIDG=N'7-
Authorized Signature Title
Name (please print) Telephone
p
Ace"/NCoPPo R,A-7'61 13C wJ3A- L. AiL 7�
Email
STATE: re x G_ir
COUNTY: //k ✓i-i.J
SUBSCRIBED AND SWORN to before me by the above named gi-t.Xurj ZoW-t-6, 4
on this the (1114k day of TA el? , 2a 2 .
d2 �
`e, MARK TOGUCHI
—LL Notary ID#132202383 Notary Public
�P MY Commission Expires
cF�E October 8, 2023
RETU' ` • - r AVIT AS PART OF THE BID PROPOSAL
Page 13 of 33
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An
offense under this section is a misdemeanor.
,J Name of vendor who has a business relationship with local governmental entity.
/V°/1)
• nCheck this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate 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.)
• Name of local government officer about whom the information is being disclosed.
Name of Officer
• Describe each employment or other business relationship with the local government officer,or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIQ as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
n Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
Yes n No
Describe each employment or business relationshipthat the vendor named in Section 1 maintains with a corporation
or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
fl Check this box if the vendor has given the local government officer or afamily member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
zj
t �?
ignature of vCe.n or doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with loco" governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):'Business relationship"means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal.state,or local governmental entity or an
agency of a federal,state,or local governmental entity:
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
Local Government Code§176.003(a)(2)(A)and(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed:
or
(ii) the local governmental entity is considering entering into a contract with the
vendor.
(B) has given to the local government officer or a family member of the officer one or more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed:or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code§176.006(a)and(a-1)
(a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity.or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator
not later than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity;or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer,or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Page 15 of 33
SB 252
CHAPTER 2252 CERTIFICATION
I, ,,,___)C,M A,,0___=„5271 4) a the undersigned and representative
of GA-PG CZ. .n/NG .--i(lyi.---"RPAis
(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.
E'i CN/3i 1 i/?/4 u
Name of Company Representative (Print)
c
a'1.0
Signature of Company Representative
74 —oZ a
Date
Page 16 of 33
House Bill 89 Verification
I, /rJG/,IAJj. .r. -fAA-Lr (Person name), the undersigned representative
(hereafter referred to r "Representative") of
A-G&Pc= C(L=,4N/N �N7;-"A f is 6
(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.
IGNATURE OF E ESENTATIVE
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this /4( day
of Jt , 20 <- .
MARK TOGUCHI Notary Public
24- .- Notary ID#132202383
"Q My Commission Expires
9r"or c� October 8, 2023
Page 17 of 33
ACCEPTANCE OF ALL FEDERAL CONTRACT CLAUSES
The Proposer 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 City and
FTA, as they may be amended or promulgated from time to time during the term of this Contract. Proposer's
failure to so comply shall constitute a material breach of this Contract.
Czemme6-6/7 eA/sc--
The Proposer, , certifies or affirms that they have read and accepts all of the
aforementioned Federal Transit Administration contract clauses.
Airatew 41k�
Signature of Proposer's Authorized Official
ame and Title of Proposer's Authorized Official
6 -/o -ate
Date
Page 32 of 33
CERTIFICATION OF RESTRICTIONS ON LOBBYING
•
The undersigned certifies,to the best of his or her knowledge and belief, that:
1) No federal appropriated funds have been or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an office or employee of any agency, a member of Congress,
an officer or employee of Congress in connection with the awarding of any federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer
or employee of Congress, or an employee of a member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, title 31 U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
Executed this /Q h day of 3y,416 , 201..
Company Name: 4_G A Pl' eLG AN//V ogPA/sue"
By: c
(Signature of Company Official)
/b Gnl 7-
(Title of Company Official)
Page 33 of 33
GENERAL INFORMATION:
Proposers are cautioned to read the information contained in this RFP carefully and to submit a
complete response to all requirements and questions as directed.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be
equivalent.
AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these
specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance
with the laws of Texas,to waive any formality or irregularity, and/or to reject any or all proposals.
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
authenticity.
WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request,
over the signature of an authorized individual, to the Purchasing Division any time prior to the submission
deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal
of the proposal in any manner, oral or written,will not be considered if submitted after the deadline.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with
Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ).
The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local
Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing
business or seeking to do business with the City of Port Arthur, including affiliations and business and financial
relationships such persons may have with City of Port Arthur officers. The form can be can be located at the
Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm
By doing business or seeking to do business with the City of Port Arthur including submitting a response to this
RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local
Government Code and you are representing that you in compliance with them.
Any information provided by the City of Port Arthur is for information purposes only. If you have
concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner
in which you must comply,you should consult an attorney.
The following are the current City Council and City Employees who are anticipated to either recommend or
ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to
governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a
manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization.
Any employee that makes purchases for the City is an agent of the City and is required to follow the City's
Code of Ethics.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must
affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements:
1. Be able to comply with the required or proposed delivery schedule.
Page 18 of 33
2. Have a satisfactory record of performance.
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a full time business and can assume liabilities for any performance or warranty service
required.
6. The City Council shall not award a contract to a company that is in arrears in its
obligations to the City.
7. No payments shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48
hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be
vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's
failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may
be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might
have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning
with 1.
PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each
item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail.
PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful
bidder. The purchase order number must appear on all itemized invoices.
INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit, P.O. Box 1089,
Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or
services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f
V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the
invoice.
SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise
Tax;therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This
agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and
rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any
portion of these requirements.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,
orders, regulations and codes of the federal, state and local governments relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer,
employee or agent of the City who exercises any functions or responsibilities in connection with the planning
and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract;
and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City
from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or
Page 19 of 33
any money to the City until such debts are paid or until satisfactory arrangements for payment has been made.
Bidders must complete and sign the AFFIDAVIT included as part of this RFP.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
prevail.
While the purpose of the specifications is to indicate minimum requirements in the way of capability,
performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option
of selecting goods which may be considered more suitable for the purpose involved.
Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance.
TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and
proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants,
agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by
giving written notice to the Contractor of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall
not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract
by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until
such time as the exact amount of damages due the City from the Contractor is determined.
TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least
thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein,
the Contractor will be paid for the service that it has performed up to the termination date. If this contract is
terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor
to furnish releases or receipts for any or all persons performing work and supplying material or service to the
Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its
interests.
Page 20 of 33
CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a
result of his fault or negligence in connection with the work performed until completion and final acceptance by
the City.
SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any
sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur
written approval of such agreement.
INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas,
unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in
force insurance that will protect against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following
types and limits
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents,
and employees must be named as an additional insured):
a. Bodily injury $1,000,000 single limit per occurrence or$1,000,000 each
person/$1,000,000 per occurrence; and,
b. Property Damage $1,000,000 per occurrence regardless of contract amount; and,
c. Professional Liability: $1,000,000.
Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required
(including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates
and expiration dates) and to date and sign and do all other things necessary to complete and make into valid
certificates of insurance and pertaining to the above listed items, and before commencing any of the work and
within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner.
None of the provisions in said certificate of insurance should be altered or modified in any respect except as
herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that
coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days
prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port
Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the
Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event
be filed with the City of Port Arthur not more than ten (10) days after execution of this Contract.
NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the
Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,
the time may be extended by mutual agreement between OWNER and CONTRACTOR.
DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract
with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to
file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between
the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from
the City.
Page 21 of 33
PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act
(Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws
regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until
after the contract award. If the Proposer has notified the City, in writing, that the Proposal Document contains
trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of
such information, in accordance with the Public Information Act. This is a statement of general policy only, and
in no event shall the City be liable for disclosure of such information by the City in response to a request,
regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so.
PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award
Process: An award of a contract to provide the goods or services specified herein will be made using
competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with
the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably
qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on
each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the
submitted proposals for this project. The City may, at its option, conduct discussions with or accept proposal
revisions from any reasonably qualified proposer. Discussions may not be initiated by offerors. These
discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or
vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal
brought forth by the City of Port Arthur shall be grounds for disqualification. Vendors shall not contact
any City of Port Arthur personnel during the proposal process without the express permission from the City's
Purchasing Manager.
AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or non-
compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of
the City.
ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's
ability to meet the minimum standards required by this RFP.
WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the
prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are
minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform
themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for
employment are not discriminated against because of race, color, religion, sex, age or national origin.
CHANGE ORDER
(a) The Contracting Officer may at any time, and without notice to the sureties, if any, by a written
order, make changes within the general scope of this contract in any one or more of the following:
(is) drawings, designs, or specifications; (ii) extending term of contract; and (iii) equitable adjustment
in price/time of performance. If any such change causes an increase or decrease in the Contractor's
cost of, or the time required for, the performance of any part of the work under this contract, whether
changed or not changed by the order, an equitable adjustment shall be made in the contract price or
delivery schedule, or both, and the contract shall be modified in writing accordingly.
(b) Any notice of intent to assert a claim for adjustment under this clause must be asserted by the
Contractor within 30 days from the date of receipt of the Contracting Officer's written order;
Page 22 of 33
provided, however, that later notice shall not bar the Contractor's claim if the Contractor can
demonstrate that PAT was not prejudiced by the delay in notification. In no event shall any claim be
asserted after final payment.
FLY AMERICA REQUIREMENTS
Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in
accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that
recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for
U.S Government-financed international air travel and transportation of their personal effects or property, to the
extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or
memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was
necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that
may involve international air transportation.
BUY AMERICA REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal
funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general
waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and
software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11.
Rolling stock must be assembled in the United States and have a 60 percent domestic content.
CARGO PREFERENCE REQUIREMENTS
Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag
commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers,
dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to
the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-
Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments
originating within the United States or within 30 working days following the date of leading for shipments
originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in
English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,
Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient
(through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment,
material, or commodities by ocean vessel
PRE-AWARD AND POST DELIVER YA UDITS 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.
Page 23 of 33
• Specific language for the Buy America certification is mandated by FTA regulation,
"Buy America Requirements--Surface Transportation Assistance Act of 1982,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
ENERGY POLICY AND CONSERVATION ACT
The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the
State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.
Section 6321 et seq.).
CLEAN WATER ACT
(1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2)The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed
in whole or in part with Federal assistance provided by FTA.
Page 24 of 33
RESTRICTIONS ON LOBBYING
(a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in
Section 319 of Public Law 101-121, as implemented by the Department of Transportation in 49 C.F.R. Part
20, and as those authorities may be hereafter amended.
(b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the
Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority.
ACCESS TO RECORDS
The following access to records requirements apply to this Contract:
• Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of
the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the
Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the Contractor which
are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator
or his authorized representatives including any PMO Contractor access to Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
• Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator
or his authorized representatives, including any PMO Contractor, access to the Contractor's records and
construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving
federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By
definition, a major capital project excludes contracts of less than the simplified acquisition threshold
currently set at $100,000.
• Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit
organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49
C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General
of the United States or any of their duly authorized representatives with access to any books, documents,
papers and record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.
• Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.
5302(a)1) through other than competitive bidding, the Contractor shall make available records related to
the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any
authorized officer or employee of any of them for the purposes of conducting an audit and inspection.
• The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or
to copy excerpts and transcriptions as reasonably needed.
• The Contractor agrees to maintain all books, records, accounts and reports required under this contract
for a period of not less than three years after the date of termination or expiration of this contract, except
in the event of litigation or settlement of claims arising from the performance of this contract, in which
case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller
Page 25 of 33
General, or any of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).
• FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract Contract Operational Turnkey Construction Architectural Acquisition
Characteristics Service Engineering of Rolling
Contract Stock
a. Contracts Those
I. State below SAT imposed on
Grantees ($100,000) None state pass None None None
thru to
Contractor
b. Contracts Those
None Yes, if non- None unless
above imposed onNone unless
unless I non-
competitive award or non-
$100,000/Capital competitive state pass if funded non-competitive competitive
Projects award thru to thru25307/5309/531 1 award award
Contractor
II. Non State a. Contracts Those
Grantees below SAT imposed on
($100,000) Yes3 non-state Yes Yes Yes
Grantee
pass thru to
Contractor
b. Contracts Those
above imposed on
$100,000/Capital Yes3 non-state Yes Yes Yes
Projects — Grantee
pass thru to
Contractor
Sources ofAuthority
1. 49 USC 5325 (a)
2. 49 CFR 633.17
3. 18 CFR 18.36(i)
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
Page 26 of 33
Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the
term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
CLEAN AIR
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the
Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed
in whole or in part with Federal assistance provided by FTA.
CONTRACT WORK HOURS AND SAFETY STAND-ARDS ACT—OVERTIME COMPENSATION
1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set
forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be
liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United
States for liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required
or permitted to work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph (1)of this section.
3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall
upon its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor
or subcontractor under any such contract or any other Federal contract with the same prime contractor, or
any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is
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.
Page 27 of 33
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal
Government in or approval of the solicitation or award of the underlying contract, absent the express written
consent by the Federal Government, the Federal Government is not a party to this contract and shall not be
subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a
party to that contract)pertaining to any matter resulting from the underlying contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as
amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49
C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may
make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the Contractor
further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submission, or certification, the Federal Government reserves the right to impose the penalties of
the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government
deems appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent
claim, statement, submission, or certification to the Federal Government under a contract connected with a
project that is financed in whole or in part with Federal assistance originally awarded by FTA under the
authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. §
1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with
Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to
identify the subcontractor who will be subject to the provisions.
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.
Page 28 of 33
By signing and submitting its bid or proposal,the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by (insert agency name). If it is
later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to
remedies available to (insert agency name}, the Federal Government may pursue available remedies, including
but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements
of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from
this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower
tier covered transactions.
CIVIL RIGHTS
1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d,
section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees that it will not discriminate against any employee or applicant for employment because of
race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with
applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the
underlying contract:
1. Race, Color, Creed, National Origin, Sex- In accordance with Title VII of the Civil Rights Act, as amended, 42
U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all
applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations,
and Federal policies that may in the future affect construction activities undertaken in the course of the Project.
The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
2. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
Page 29 of 33
3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with
Federal assistance provided by FTA, modified only if necessary to identify the affected parties
DISADVANTAGED BUSINESS ENTERPRISE(DBE)
a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business
Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the
performance of con-tracts financed in whole or in part with Federal funds under this contract. Consequently,
the DBE requirements of 49 C.F.R Part 26 applies to this contract.
b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved
Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the
Contractor to carry out these requirements is a material breach of the contract, which may result in the
termination of this contract or such other remedy, as the Authority deems appropriate.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA) TERMS
Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part,
certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are
hereby incorporated by reference.Anything to the contrary herein notwithstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee)
requests which would cause (name of grantee)to be in violation of the FTA terms and conditions.
BID PROTESTS.
( 1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in
writing and submit to the Purchasing Manager. The written protest should include, at a minimum:
• Both the name and address of the protestor, as well as the vendor they represent, if different.
• The name of the bid being protested.
• A statement of the grounds for protest and any supporting documentation.
A protest may be submitted to the Purchasing Manager no later than five (5) working days after award.
(2) Staff Review. A protest must be in writing and supported by sufficient information in order to be
considered.A decision and response to the protest will be prepared by the Purchasing Manager or his
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.
Page 30 of 33
RESOLUTION OF DISPUTES,BREACHES AND OTHER LITIGATION
All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for
such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late
or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific
language for dispute resolution will be provided in any resultant contract of the successful proposer.
PRIVACY ACT
Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA,
and those files are organized so that information could be retrieved by personal identifier,the Privacy Act
requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party
contractor and their contracts at every tier.
Contracts Involving Federal Privacy Act Requirements
The following requirements apply to the Contractor and its employees that administer any system of records on
behalf of the Federal Government under any contract:
(a) The Contractor agrees to comply with, and assures the compliance of its employees with,the information
restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things,
the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its
employees operate a system of records on behalf of the Federal Government. The Contractor understands that
the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to
those individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
(b)The Contractor also agrees to include these requirements in each subcontract to administer any system of
records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by
FTA.
Page 31 of 33
ACCEPTANCE OF ALL FEDERAL CONTRACT CLAUSES
The Proposer 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 City and
FTA, as they may be amended or promulgated from time to time during the term of this Contract. Proposer's
failure to so comply shall constitute a material breach of this Contract.
The Proposer, , certifies or affirms that they have read and accepts all of the
aforementioned Federal Transit Administration contract clauses.
Signature of Proposer's Authorized Official
Name and Title of Proposer's Authorized Official
Date
Page 32 of 33
CERTIFICATION OF RESTRICTIONS ON LOBBYING
The undersigned certifies,to the best of his or her knowledge and belief, that:
1) No federal appropriated funds have been or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an office or employee of any agency, a member of Congress,
an officer or employee of Congress in connection with the awarding of any federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or
cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer
or employee of Congress, or an employee of a member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3) The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance is placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, title 31 U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Executed this day of , 201 .
Company Name:
By:
(Signature of Company Official)
(Title of Company Official)
Page 33 of 33
Table of Contents
1. Drug and Alcohol Testing
2. Charter Bus Requirements
3. School Bus Requirements
4. Energy Conservation Requirements
5. Clean Water Requirements
6. Lobbying
7. Access to Records and Reports
8. Federal Changes
9. Clean Air
10. Contract Work Hours and Safety Standards Act
11. No Government Obligation to Third Parties
12. Program Fraud and False or Fraudulent Statements and Related Acts
13. Termination
14. Government-wide Debarment and Suspension(Non-procurement)
15. Privacy Act
16. Civil Rights Requirements
17. Breaches and Dispute Resolution
18. Transit Employee Protective Agreements
19. Disadvantaged Business Enterprises(DBE)
20. State and Local Law Disclaimer
21. Incorporation of Federal Transit Administration(FTA)Terms
Bidders are strongly advised to read and adhere to all signature and contractual
requirements. Requirements are specifically outlined within this Contract
Agreement. Failure to comply with all requirements could result in the bid being
rejected as non-responsive.
Federally Required and other Model Contract Clauses 2
1. DRUG AND ALCOHOL TESTING
49 U.S.C. A5331
49 CFR Parts 653 and 654
Applicability to contracts
The Drug and Alcohol testing provisions apply to Operational Service Contracts.
Flow Down Requirements
Anyone who performs a safety-sensitive function for the City of Port Arthur or subrecipient is
required to comply with 49 CFR 653 and 654,unless the contract is for maintenance services.
Maintenance contractors for non-urbanized area formula program grantees are not subject to
the rules. Also,the rules do not apply to maintenance subcontractors.
Model Clause/Language
Introduction
FTA's drug and alcohol rules,49 CFR 653 and 654,respectively,are unique among the
regulations issued by FTA.First,they require the City of Port Arthur to ensure that any entity
performing a safety-sensitive function on the City of Port Arthur's behalf(usually subrecipients
and/or contractors)implement a complex drug and alcohol testing program that complies with
Parts 653 and 654.Second,the rules condition the receipt of certain kinds of FTA funding on the
City of Port Arthur's compliance with the rules;thus,the City of Port Arthur is not in
compliance with the rules unless every entity that performs a safety-sensitive function on the
City of Port Arthur's behalf is in compliance with the rules.Third,the rules do not specify how
a City of Port Arthur ensures that its subrecipients and/or contractors comply with them.
Drug and Alcohol Testing
The contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 CFR Parts 653 and 654,produce any documentation necessary to establish its
compliance with Parts 653 and 654,and permit any authorized representative of the United
States Department of Transportation or its operating administrations,the State Oversight
Agency of Texas,or the City of Port Arthur,to inspect the facilities and records associated with
the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653
and 654 and review the testing process.The contractor agrees further to certify annually its
compliance with Parts 653 and 654 before(insert date)and to submit the Management
Information System(MIS)reports before(insert date before March 15)to(insert title and
address of person responsible for receiving information).To certify compliance the contractor
shall use the"Substance Abuse Certifications"in the"Annual List of Certifications and
Assurances for Federal Transit Administration Grants and Cooperative Agreements,"which is
published annually in the Federal Register.The Contractor agrees further to[Select a,b,or c) (a)
submit before(insert date or upon request)a copy of the Policy Statement developed to
implement its drug and alcohol testing program;OR(b)adopt(insert title of the Policy
Statement the recipient wishes the contractor to use)as its policy statement as required under 49
CFR 653 and 654;OR(c)submit for review and approval before(insert date or upon request)a
copy of its Policy Statement developed to implement its drug and alcohol testing program. In
addition,the contractor agrees to: (to be determined by the recipient,but may address areas
such as:the selection of the certified laboratory,substance abuse professional,or Medical
Review Officer,or the use of a consortium).
Federally Required and other Model Contract Clauses 3
2. CHARTER BUS REQUIREMENTS
49 USC§5323(d)
49 CFR Part 604
Applicability to Contracts
The Charter Bus requirements apply to the following type of contract: Operational Service
Contracts.
Flow Down Requirements
The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier
service contractors.
Model Clause/Language
The relevant statutes and regulations do not mandate any specific clause or language. The
following clause has been developed by FTA.
Charter Service Operations-The contractor agrees to comply with 49 USC§5323(d) and 49 CFR
Part 604,which provides that recipients and subrecipients of FTA assistance are prohibited from
providing charter service using federally funded equipment or facilities if there is at least one
private charter operator willing and able to provide the service,except under one of the
exceptions at 49 CFR§604.9. Any charter service provided under one of the exceptions must be
"incidental,"i.e.,it must not interfere with or detract from the provision of mass transportation.
3. SCHOOL BUS REQUIREMENTS
49 USC§5323(F)
49 CFR Part 605
Applicability to Contracts
The School Bus requirements apply to the following type of contract:Operational Service
Contracts.
Flow Down Requirements
The School Bus requirements flow down from FTA recipients and subrecipients to first tier
service contractors.
Model Clause/Language
The relevant statutes and regulations do not mandate any specific clause or language.The
following clause has been developed by FTA.
School Bus Operations-Pursuant to 69 USC§5323(f)and 49 CFR Part 605,recipients and
subrecipients of FTA assistance may not engage in school bus operations exclusively for the
transportation of students and school personnel in competition with private school bus
operators unless qualified under specified exemptions.When operating exclusive school bus
service under an allowable exemption,recipients and subrecipients may not use federally
funded equipment,vehicles,or facilities.
4. ENERGY CONSERVATION REQUIREMENTS
Federally Required and other Model Contract Clauses 4
42 USC§6321 et seq.
49 CFI(Part 18
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their contracts
at every tier and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements are so dependent on the state energy conservation plan.The following language
has been developed by FTA.
Energy Conservation-The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
5. CLEAN WATER REQUIREMENTS
33 USC§1251
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds$100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act,as
amended,the following language developed by FTA contains all the mandatory requirements.
Clean Water-(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 USC§
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.
6. LOBBYING
31 USC§1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts
Federally Required and other Model Contract Clauses 5
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition
of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey
contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down,pursuant to Byrd Anti-
Lobbying Amendment,31 USC§1352(b)(5)and 49 CFR Part 19,Appendix A,Section 7.
Mandatory Clause/Language
-Clause and specific language therein are mandated by 49 CFR Part 19,Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995,PL 104-65[to be codified at 2 USC§1601,et seq.]
-Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 USC§1352(b)(5),as amended by Section 10 of the Lobbying Disclosure Act of
1995,and DOT implementing regulation,"New Restrictions on Lobbying,"at 49 CFR§20.110(d)
-Language in Lobbying Certification is mandated by 49 CFR Part 19,Appendix A,Section 7,
which provides that contractors file the certification required by 49 CFR Part 20,Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
-Use of"Disclosure of Lobbying Activities,"Standard Form-LLL set forth in Appendix B of 49
CFR Part 20,as amended by"Government wide Guidance For New Restrictions on Lobbying,"
61 Fed. Reg.1413(1/19/96)is mandated by 49 CFR Part 20,Appendix A.
Byrd Anti-Lobbying Amendment,31 USC§1352,as amended by the Lobbying Disclosure Act
of 1995,PL 104-65[to be codified at 2 USC§1601,et seq.]-Contractors who apply or bid for an
award of$100,000 or more shall file the certification required by 49 CFR Part 20,"New
Restrictions on Lobbying."Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency,a member of Congress,officer or employee of
Congress,or an employee of a member of Congress in connection with obtaining any Federal
contract,grant or any other award covered by 31 USC§1352.Each tier shall also disclose the
name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract,grant or
award covered by 31 USC§1352.Such disclosures are forwarded from tier to tier up to the
recipient.
APPENDIX A,49 CFR Part 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts,Grants,Loans,and Cooperative Agreements
(To be submitted with each bid or offer exceeding$100,000)
Federally Required and other Model Contract Clauses 6
The undersigned[Contractor] certifies,to the best of his or her knowledge and belief,that
(1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned,to any person for influencing or attempting to influence an officer or employee of
an agency,a Member of Congress,an officer or employee of Congress,or an employee of a
Member of Congress in connection with the awarding of any Federal contract,the making of
any Federal grant,the making of any Federal loan,the entering into of any cooperative
agreement,and the extension,continuation,renewal,amendment,or modification of any
Federal contract,grant,loan,or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency,a Member of
Congress,an officer or employee of Congress,or an employee of a Member of Congress in
connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned
shall complete and submit Standard Form—LLL,"Disclosure Form to Report Lobbying,"in
accordance with its instructions [as amended by"Government wide Guidance for New
Restrictions on Lobbying,"61 Fed.Reg.1413(1/19/96). Note:Language in paragraph(2)herein
has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (PL
104-65,to be codified at 2 USC§1601,et seq.)]
(3)The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under
grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into.Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31,USC§1352(as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such
failure.
[Note: Pursuant to 31 USC§1352(c)(1)-(2)(A),any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than$10,000 and not more than$100,000 for each such expenditure or
failure.]
The Contractor, ,certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure,if any.In addition,the Contractor understands and
agrees that the provisions of 31 USC§A 3801,et seq.,apply to this certification and disclosure,if
any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
7. ACCESS TO RECORDS AND REPORTS
Federally Required and other Model Contract Clauses 7
49 USC§5325
18 CFR§18.36(i)
49 CFR§633.17
Applicability to Contracts
Reference Chart"Requirements for Access to Records and Reports by Type of Contract?
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced,but the
language provided paraphrases the statutory or regulatory language.
Access to Records-The following access to records requirements apply to this Contract:
1.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 USC§5302(a)1,which is receiving federal financial assistance through the
programs described at 49 USC§5307,5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the ETA Recipient
in accordance with 49 CFR§633.17,Contractor agrees to provide the Purchaser,the FTA
Administrator or his authorized representatives,including any PMO Contractor,access to the
Contractor's records and construction sites pertaining to a major capital project,defined at 49
USC§5302(a)1,which is receiving federal financial assistance through the programs described
at 49 USC§5307,5309 or 5311.By definition,a major capital project excludes contracts of less
than the simplified acquisition threshold currently set at$100,000.
3. Where the Purchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education,a hospital
or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 CFR§19.48,Contractor agrees to provide the Purchaser,FTA
Administrator,the Comptroller General of the United States or any of their duly authorized
representatives with access to any books,documents,papers and record of the Contractor
which are directly pertinent to this contract for the purposes of making audits,examinations,
excerpts and transcriptions.
4.Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 USC§5325(a)enters into a contract for a capital project or improvement
(defined at 49 USC§5302(a)1)through other than competitive bidding,the Contractor shall
make available records related to the contract to the Purchaser,the Secretary of Transportation
Federally Required and other Model Contract Clauses 8
and the Comptroller General or any authorized officer or employee of any of them for the
purposes of conducting an audit and inspection.
5.The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
6.The Contractor agrees to maintain all books,records,accounts and reports required under
this contract for a period of not less than three years after the date of termination or expiration
of this contract,except in the event of litigation or settlement of claims arising from the
performance of this contract,in which case Contractor agrees to maintain same until the
Purchaser,the FTA Administrator,the Comptroller General,or any of their duly authorized
representatives,have disposed of all such litigation,appeals,claims or exceptions related
thereto. Reference 49 CPR§18.39(i)(11).
7.FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract Operatio Turnkey Constructi Architectu Acquisitio Profession
Characteristi nal on ral n of al Services
cs Service Engineeri Rolling
Contract ng Stock
I State
Grantees None Those None None None None
imposed on
a.Contracts state pass
below SAT None thru to Yes,if None None None
($100,000) unless1 Contractor non- unless , unless unless
non- competitiv non- non- non-
b.Contracts competiti e award or competitiv competitiv competitiv
above ve award if funded e award e award e award
$100,000/Ca thru2
pital Projects 5307/5309
/5311
II Non State
Grantees Those
Yes3 imposed on Yes Yes Yes Yes
a.Contracts non-state
below SAT Yes3 Grantee Yes Yes Yes Yes
($100,000) pass thru to
b.Contracts Contractor
above
$100,000/Ca
pital Projects
Sources of Authority:
149 USC§5325(a)
Federally Required and other Model Contract Clauses 9
249 CFR§633.17
318 CFR§18.36(i)
8. FEDERAL CHANGES
49 CFR Part 18
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/Language
No specific language is mandated.The following language has been developed by FTA.
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 Agreement(Form FTA MA(6)dated October,1999)between Purchaser and
FTA,as they may be amended or promulgated from time to time during the term of this
contract.Contractor's failure to so comply shall constitute a material breach of this contract.
9. CLEAN AIR
42 USC§7401 et seq.
40 CFR§15.61
49 CFR Part 18
Applicability to Contracts
The Clean Air requirements apply to all contracts exceeding$100,000,including indefinite
quantities where the amount is expected to exceed$100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts that exceed$100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
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 USC§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.
10. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
40 USC§327 333(1995)
Federally Required and other Model Contract Clauses 10
29 CFR§5 (1995)
29 CFl(§1926(1995)
Applicability to Contracts
Section 102 of the Act,which deals with overtime requirements,applies to:
-all construction contracts in excess of$2,000 and;
-all turnkey,rolling stock and operational contracts (excluding contracts for transportation
services)in excess of$2,500.
(The dollar threshold for this requirement is contained in the current regulation 29 CFR§5.15.)
Section 107 of the Act that deals with OSHA requirements applies to construction contracts in
excess of$2,000 only.The requirements of this section do not apply to contracts or subcontracts
for the purchase of supplies or materials or articles normally available on the open market.
Flow Down
Applies to third party contractors and subcontractors.
Model Clauses/Language
Pursuant to Section 102(Overtime):
(These clauses are specifically mandated under DOL regulation 29 CFR§5.5 and when
preparing a construction contract in excess of$2,000 these clauses should be used in conjunction
with the Davis-Bacon Act clauses as discussed previously. For nonconstruction contracts,this is
the only section required along with the payroll section.)
(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 therefor 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 or recipient) 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
Federally Required and other Model Contract Clauses 11
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 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 this section.
(Section 102 nonconstruction contracts should also have the following provision:)
(5)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.
Section 107(OSHA):
(This section is applicable to construction contracts only)
Contract Work Hours and Safety Standards Act-(i)The Contractor agrees to comply with
section 107 of the Contract t Work Hours and Safety Standards Act,40 USC§section 333,and
applicable DOL regulations,"Safety and Health Regulations for Construction" 29 CFR Part
1926.Among other things, the Contractor agrees that it will not require any laborer or mechanic
to work in unsanitary,hazardous,or dangerous surroundings or working conditions.
(ii)Subcontracts-The Contractor also agrees to include the requirements of this section in each
subcontract.The term"subcontract" under this section is considered to refer to a person who
Federally Required and other Model Contract Clauses 12
agrees to perform any part of the labor or material requirements of a contract for construction,
alteration or repair.A person who undertakes to perform a portion of a contract involving the
furnishing of supplies or materials will be considered a"subcontractor"under this section if the
work in question involves the performance of construction work and is to be performed: (1)
directly on or near the construction site,or(2)by the employer for the specific project on a
customized basis.Thus,a supplier of materials which will become an integral part of the
construction is a"subcontractor"if the supplier fabricates or assembles the goods or materials in
question specifically for the construction project and the work involved may be said to be
construction activity. If the goods or materials in question are ordinarily sold to other customers
from regular inventory,the supplier is not a"subcontractor."The requirements of this section
do not apply to contracts or subcontracts for the purchase of supplies or materials or articles
normally available on the open market.
11. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors,this
concept should flow down to all levels to clarify,to all parties to the contract,that the Federal
Government does not have contractual liability to third parties,absent specific written consent.
Model Clause/Language
While no specific language is required,FTA has developed the following language.
No Obligation by the Federal Government.
(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.
12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
AC1S
31 USC§3801 et seq.
49 CFR Part 31 18 USC§1001
49 USC§5307
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
Federally Required and other Model Contract Clauses 13
These requirements flow down to contractors and subcontractors who make, present,or submit
covered claims and statements.
Model Clause/Language
These requirements have no specified language,so FTA proffers the following language.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1)The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986,as amended,31 USC§3801 et seq. .and U.S. DOT regulations,"Program Fraud Civil
Remedies,"49 CFR 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 USC§5307,the Government reserves the
right to impose the penalties of 18 USC§1001 and 49 USC§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.
13. TERMINATION
49 USC Part 18
FTA Circular 4220.1D
Applicability to Contracts
All contracts(with the exception of contracts with nonprofit organizations and institutions of
higher education,)in excess of$10,000 shall contain suitable provisions for termination by the
grantee including the manner by which it will be effected and the basis for settlement. (For
contracts with nonprofit organizations and institutions of higher education the threshold is
$100,000.) In addition,such contracts shall describe conditions under which the contract may be
terminated for default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of$10,000,with the exception
of contracts with nonprofit organizations and institutions of higher learning.
Federally Required and other Model Contract Clauses 14
Model Clause/Language
PTA does not prescribe the form or content of such clauses.The following are suggestions of
clauses to be used in different types of contracts:
a.Termination for Convenience(General Provision)The City of Port Arthur may terminate this
contract,in whole or in part,at any time by written notice to the Contractor when it is in the
Government's best interest.The Contractor shall be paid its costs,including contract closeout
costs,and profit on work performed up to the time of termination.The Contractor shall
promptly submit its termination claim to City of Port Arthur to be paid the Contractor.If the
Contractor has any property in its possession belonging to the City of Port Arthur,the
Contractor will account for the same,and dispose of it in the manner the City of Port Arthur
directs.
b.Termination for Default[Breach or Cause] (General Provision)If the Contractor does not
deliver supplies in accordance with the contract delivery schedule,or,if the contract is for
services,the Contractor fails to perform in the manner called for in the contract,or if the
Contractor fails to comply with any other provisions of the contract,the City of Port Arthur
may terminate this contract for default.Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default.The
contractor will only be paid the contract price for supplies delivered and accepted,or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Port Arthur that the Contractor had an excusable reason
for not performing,such as a strike,fire,or flood,events which are not the fault of or are
beyond the control of the Contractor,the City of Port Arthur,after setting up a new delivery of
performance schedule,may allow the Contractor to continue work,or treat the termination as a
termination for convenience.
c.Opportunity to Cure(General Provision)The City of Port Arthur in its sole discretion may,in
the case of a termination for breach or default,allow the Contractor[an appropriately short
period of time]in which to cure the defect.In such case,the notice of termination will state the
time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to City of Port Arthur's satisfaction the breach or default or any of
the terms,covenants,or conditions of this Contract within[ten(10)days]after receipt by
Contractor or written notice from City of Port Arthur setting forth the nature of said breach or
default,City of Port Arthur shall have the right to terminate the Contract without any further
obligation to Contractor.Any such termination for default shall not in any way operate to
preclude City of Port Arthur from also pursuing all available remedies against Contractor and
its sureties for said breach or default.
d.Waiver of Remedies for any Breach In the event that City of Port Arthur elects to waive its
remedies for any breach by Contractor of any covenant,term or condition of this Contract,such
waiver by City of Port Arthur shall not limit City of Port Arthur's remedies for any succeeding
breach of that or of any other term,covenant,or condition of this Contract.
Federally Required and other Model Contract Clauses 15
e.Termination for Convenience(Professional or Transit Service Contracts)The City of Port
Arthur,by written notice,may terminate this contract,in whole or in part,when it is in the
Government's interest.If this contract is terminated,the Recipient shall be liable only for
payment under the payment provisions of this contract for services rendered before the
effective date of termination.
f.Termination for Default(Supplies and Service)If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract,the City of Port Arthur
may terminate this contract for default.The City of Port Arthur shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default.The Contractor will
only be paid the contract price for supplies delivered and accepted,or services performed in
accordance with the manner or performance set forth in this contract.
If,after termination for failure to fulfill contract obligations,it is determined that the Contractor
was not in default,the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
g.Termination for Default(Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services,including delivery services,within the time specified in
this contract or any extension or if the Contractor fails to comply with any other provisions of
this contract,the City of Port Arthur may terminate this contract for default.The City of Port
Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature of default.The Contractor will only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods,the
Contractor shall,upon direction of the City of Port Arthur,protect and preserve the goods until
surrendered to the Recipient or its agent.The Contractor and City of Port Arthur shall agree on
payment for the preservation and protection of goods.Failure to agree on an amount will be
resolved under the Dispute clause.
If,after termination for failure to fulfill contract obligations,it is determined that the Contractor
was not in default,the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the City of Port Arthur
h.Termination for Default(Construction)If the Contractor refuses or fails to prosecute the work
or any separable part,with the diligence that will insure its completion within the time specified
in this contract or any extension or fails to complete the work within this time,or if the
Contractor fails to comply with any other provisions of this contract,the City of Port Arthur
may terminate this contract for default.The City of Port Arthur shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default.In this event,the
Recipient may take over the work and compete it by contract or otherwise,and may take
possession of and use any materials,appliances,and plant on the work site necessary for
completing the work.The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within
Federally Required and other Model Contract Clauses 16
specified time,whether or not the Contractor's right to proceed with the work is terminated.
This liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages under this clause if-
1.the delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor.Examples of such causes include:acts of God,
acts of the Recipient,acts of another Contractor in the performance of a contract with the
Recipient,epidemics,quarantine restrictions,strikes,freight embargoes;and
2. the contractor,within[10] days from the beginning of any delay,notifies the City of Port
Arthur in writing of the causes of delay.If in the judgment of the City of Port Arthur,the delay
is excusable,the time for completing the work shall be extended.The judgment of the City of
Port Arthur shall be final and conclusive on the parties,but subject to appeal under the
Disputes clauses.
If,after termination of the Contractor's right to proceed,it is determined that the Contractor was
not in default,or that the delay was excusable,the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
i.Termination for Convenience or Default(Architect and Engineering)The City of Port Arthur
may terminate this contract in whole or in part,for the Recipient's convenience or because of the
failure of the Contractor to fulfill the contract obligations.The City of Port Arthur shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature,extent,
and effective date of the termination.Upon receipt of the notice,the Contractor shall(1)
immediately discontinue all services affected(unless the notice directs otherwise),and(2)
deliver to the Contracting Officer all data,drawings,specifications,reports,estimates,
summaries,and other information and materials accumulated in performing this contract,
whether completed or in process.
If the termination is for the convenience of the Recipient,the Contracting Officer shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations,the Recipient
may complete the work by contact or otherwise and the Contractor shall be liable for any
additional cost incurred by the Recipient.
If,after termination for failure to fulfill contract obligations,it is determined that the Contractor
was not in default,the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
j.Termination for Convenience of Default(Cost-Type Contracts)The City of Port Arthur may
terminate this contract,or any portion of it,by serving a notice or termination on the
Contractor.The notice shall state whether the termination is for convenience of the City of Port
Arthur or for the default of the Contractor.If the termination is for default,the notice shall state
Federally Required and other Model Contract Clauses i 7
the manner in which the contractor has failed to perform the requirements of the contract.The
Contractor shall account for any property in its possession paid for from funds received from
the City of Port Arthur,or property supplied to the Contractor by the City of Port Arthur If the
termination is for default,the City of Port Arthur may fix the fee,if the contract provides for a
fee,to be paid the contractor in proportion to the value,if any,of work performed up to the
time of termination.The Contractor shall promptly submit its termination claim to the City of
Port Arthur and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Port Arthur,the Contractor shall be paid
its contract closeout costs,and a fee,if the contract provided for payment of a fee,in proportion
to the work performed up to the time of termination.
If,after serving a notice of termination for default,the City of Port Arthur determines that the
Contractor has an excusable reason for not performing,such as strike,fire,flood,events which
are not the fault of and are beyond the control of the contractor,the City of Port Arthur,after
setting up a new work schedule,may allow the Contractor to continue work,or treat the
termination as a termination for convenience.
14. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION(NON-PROCUREMENT)
49 CFR Part 29
Executive Order 12549
Applicability to Contracts
Executive Order 12549,as implemented by 49 CFR Part 29,prohibits FTA recipients and sub-
recipients from contracting for goods and services from organizations that have been
suspended or debarred from receiving Federally assisted contracts. As part of their applications
each year,recipients are required to submit a certification to the effect that they will not enter
into contracts over$100,000 with suspended or debarred contractors and that they will require
their contractors(and their subcontractors) to make the same certification to them.
Flow Down
Contractors are required to pass this requirement on to subcontractors seeking subcontracts
over$100,000.Thus,the terms"lower tier covered participant"and"lower tier covered
transaction"include both contractors and subcontractors and contracts and subcontracts over
$100,000.
Model Clause/Language
(Instructions)The certification and instruction language is contained at 29 CFR Part 29,
Appendix B,and must be included in IFB's and RFP's[for inclusion by contractors in their bids
or proposals]for all contracts over$100,000,regardless of the type of contract to be awarded.
Certification Regarding Debarment,Suspension,and Other Responsibility Matters
Lower Tier Covered Transactions(Third Party Contracts over$100,000).
Instructions for Certification
Federally Required and other Model Contract Clauses 18
1. By signing and submitting this bid or proposal,the prospective lower tier participant is
providing the signed certification set out below.
2.The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into.If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification,in addition to other
remedies available to the Federal Government,City of Port Arthur may pursue available
remedies,including suspension and/or debarment.
3.The prospective lower tier participant shall provide immediate written notice to City of Port
Arthur if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4.The terms"covered transaction," "debarred,""suspended,'' "ineligible,""lower tier covered
transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal,"
and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549[49 CFR Part 29].You may
contact City of Port Arthur for assistance in obtaining a copy of those regulations.
5.The prospective lower tier participant agrees by submitting this proposal that,should the
proposed covered transaction be entered into,it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,suspended,declared ineligible,or
voluntarily excluded from participation in this covered transaction,unless authorized in
writing by City of Port Arthur
6.The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction",without modification,in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or
voluntarily excluded from the covered transaction,unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals.Each participant may,but is not required to,check the
Nonprocurement List issued by U.S.General Service Administration.
8.Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause.The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9.Except for transactions authorized under Paragraph 5 of these instructions,if a participant in
a covered transaction knowingly enters into a lower tier covered transaction with a person who
is suspended,debarred,ineligible,or voluntarily excluded from participation in this
transaction,in addition to all remedies available to the Federal Government,City of Port Arthur
may pursue available remedies including suspension and/or debarment.
Federally Required and other Model Contract Clauses 19
"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction"
(1)The prospective lower tier participant certifies,by submission of this bid or proposal, that
neither it nor its"principals" [as defined at 49 CFR§29.105(p)]is presently debarred,
suspended,proposed for debarment,declared ineligible,or voluntarily exduded from
participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this
certification,such prospective participant shall attach an explanation to this proposal.
15. PRIVACY ACT
5 USC§552
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.
Flow Down
The Federal Privacy Act requirements flow down to each third party contractor and their
contracts at every tier.
Model Clause/Language
The text of the following clause has not been mandated by statute or specific regulation,but has
been developed by FTA.
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:
(1)The Contractor agrees to comply with,and assures the compliance of its employees with,the
information restrictions and other applicable requirements of the Privacy Act of 1974,
5 USC§552a.Among other things,the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on
behalf of the Federal Government.The Contractor understands that the requirements of the
Privacy Act,including the civil and criminal penalties for violation of that Act,apply to those
individuals involved,and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
(2)The Contractor also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by FTA.
16. CIVIL RIGHTS REQUIREMENTS
Federally Required and other Model Contract Clauses 20
29 USC§623,42 USC§2000
42 USC§6102,42 USC§12112
42 USC§12132,49 USC§5332
29 CFR Part 1630,41 CFR Parts 60 et seq.
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19,Appendix A,but
FTA has shorten the lengthy text.
Civil Rights-The following requirements apply to the underlying contract
(1) Nondiscrimination-In accordance with Title VI of the Civil Rights Act,as amended,42 USC
§2000d,section 303 of the Age Discrimination Act of 1975,as amended,42 USC§6102,section
202 of the Americans with Disabilities Act of 1990,42 USC§12132,and Federal transit law at 49
USC§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
(a)Race,Color,Creed,National Origin,Sex-In accordance with Title VII of the Civil Rights
Act,as amended,42 USC§2000e,and Federal transit laws at 49 USC§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 CFR 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 USC§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.
Federally Required and other Model Contract Clauses 21
(b)Age-In accordance with section 4 of the Age Discrimination in Employment Act of 1967,as
amended,29 USC§623 and Federal transit law at 49 USC§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.
(c)Disabilities-In accordance with section 102 of the Americans with Disabilities Act,as
amended,42 USC§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 CFR Part 1630,pertaining to
employment of persons with disabilities.In addition,the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3)The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA,modified only if necessary to identify
the affected parties.
17. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4770.1D
Applicability to Contracts
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
indude provisions for bonding,penalties for late or inadequate performance,retained earnings,
liquidated damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions.What provisions are developed
will depend on the circumstances and the type of contract.Recipients should consult legal
counsel in developing appropriate clauses.The following clauses are examples of provisions
from various FTA third party contracts.
Disputes-Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of City of
Port Arthur's [title of employee].This decision shall be final and conclusive unless within[ten
(10)]days from the date of receipt of its copy,the Contractor mails or otherwise furnishes a
written appeal to the [title of employee]. In connection with any such appeal,the Contractor
shall be afforded an opportunity to be heard and to offer evidence in support of its position.The
decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall
abide be the decision.
Performance During Dispute-Unless otherwise directed by City of Port Arthur,Contractor
shall continue performance under this Contract while matters in dispute are being resolved.
Federally Required and other Model Contract Clauses 22
Claims for Damages-Should either party to the Contract suffer injury or damage to person or
property because of any act or omission of the party or of any of his employees,agents or others
for whose acts he is legally liable,a claim for damages therefor shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Remedies-Unless this contract provides otherwise,all claims,counterclaims,disputes and
other matters in question between the City of Port Arthur and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree,or in a court of competent jurisdiction within the State in which the City of Port Arthur is
located.
Rights and Remedies-The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties,obligations,rights and remedies otherwise imposed or available by law.No action or
failure to act by the City of Port Arthur,(Architect)or Contractor shall constitute a waiver of
any right or duty afforded any of them under the Contract,nor shall any such action or failure
to act constitute an approval of or acquiescence in any breach thereunder,except as may be
specifically agreed in writing.
18. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
49 USC§5310,§5311,and§5333
29 CFR Part 215
Applicability to Contracts
The Transit Employee Protective Provisions apply to each contract for transit operations
performed by employees of a Contractor recognized by FTA to be a transit operator. (Because
transit operations involve many activities apart from directly driving or operating transit
vehicles,FTA determines which activities constitute transit"operations"for purposes of this
clause.)
Flow Down
These provisions are applicable to all contracts and subcontracts at every tier.
Model Clause/Language
Since no mandatory language is specified,FTA had developed the following language.Transit
Employee Protective Provisions. (1)The Contractor agrees to the comply with applicable transit
employee protective requirements as follows:
(a)General Transit Employee Protective Requirements-To the extent that FTA determines that
transit operations are involved,the Contractor agrees to carry out the transit operations work
on the underlying contract in compliance with terms and conditions determined by the US.
Secretary of Labor to be fair and equitable to protect the interests of employees employed under
this contract and to meet the employee protective requirements of 49 USC§A 5333(b),and U.S.
DOL guidelines at 29 CFR Part 215,and any amendments thereto.These terms and conditions
are identified in the letter of certification from the U.S.DOL to FTA applicable to the FTA
Recipient's project from which Federal assistance is provided to support work on the
Federally Required and other Model Contract Clauses 23
underlying contract.The Contractor agrees to carry out that work in compliance with the
conditions stated in that U.S. DOL letter.The requirements of this subsection(1),however,do
not apply to any contract financed with Federal assistance provided by FTA either for projects
for elderly individuals and individuals with disabilities authorized by 49 USC§5310(a)(2),or
for projects for nonurbanized areas authorized by 49 USC§5311.Alternate provisions for those
projects are set forth in subsections(b)and(c)of this clause.
(b)Transit Employee Protective Requirements for Projects Authorized by 49 USC§5310(a)(2)
for Elderly Individuals and Individuals with Disabilities-If the contract involves transit
operations financed in whole or in part with Federal assistance authorized by 49 USC§
5310(a)(2),and if the U.S.Secretary of Transportation has determined or determines in the
future that the employee protective requirements of 49 USC§5333(b)are necessary or
appropriate for the state and the public body subrecipient for which work is performed on the
underlying contract,the Contractor agrees to carry out the Project in compliance with the terms
and conditions determined by the U.S.Secretary of Labor to meet the requirements of 49 USC§
5333(b),U.S.DOL guidelines at 29 CFR Part 215,and any amendments thereto.These terms and
conditions are identified in the U.S. DOL's letter of certification to FTA,the date of which is set
forth Grant Agreement or Cooperative Agreement with the state.The Contractor agrees to
perform transit operations in connection with the underlying contract in compliance with the
conditions stated in that U.S.DOL letter.
(c)Transit Employee Protective Requirements for Projects Authorized by 49 USC§5311 in
Nonurbanized Areas-If the contract involves transit operations financed in whole or in part
with Federal assistance authorized by 49 USC§5311,the Contractor agrees to comply with the
terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by
the U.S.Secretaries of Transportation and Labor,dated May 31,1979,and the procedures
implemented by US.DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract
involving transit operations financed in whole or in part with Federal .ssistance provided by
FTA.
19. DISADVANTAGED BUSINESS ENTERPRISE(DBE)
49 CFR Part 26
Applicability to Contracts
DEE provisions only apply to all DOT-assisted contracts. Disadvantaged Business Enterprise
Provision
1.The Federal Fiscal Year goal has been set by City of Port Arthur in an attempt to match
projected procurements with available qualified disadvantaged businesses.City of Port
Arthur's goals for budgeted service contracts,bus parts,and other material and supplies for
Disadvantaged Business Enterprises have been established by City of Port Arthur as set forth by
the Department of Transportation Regulations 49 CFR Part 23,March 31,1980,and amended by
Section 106(c)of the Surface Transportation Assistance Act of 1987,and is considered pertinent
to any Contract Agreement resulting from this request for proposal.
Federally Required and other Model Contract Clauses 24
If a specific DBE goal is assigned to this Contract Agreement,it will be clearly stated in the
Special Specifications,and if the Contractor is found to have failed to exert sufficient,
reasonable,and good faith efforts to involve DBE's in the work provided,City of Port Arthur
may declare the Contractor non-complaint end in breach of Contract Agreement.If a goal is not
stated in the Special Specifications,it will be understood that no specific goal is assigned to this
Contract Agreement.
(a)Policy-It is the policy of the Department of Transportation and City of Port Arthur that
Disadvantaged Business Enterprises,as defined in 49 CFR Part 26,and as amended in Section
106(c)of the Surface Transportation and Uniform Relocation Assistance Act of 1987,shall have
the maximum opportunity to participate in the performance of Contract Agreement financed in
whole or in part with federal funds under this Contract Agreement.Consequently,the DBE
requirements of 49 CFR Part 26 and Section 106(c)of the STURAA of 1987,apply to this
Contract Agreement.
The Contractor agrees to ensure that DBE's as defined in 49 CFR Part 26 and Section 106(c) of
the STURAA of 1987,have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Contract Agreement. In this regard,the Contractor shall take
ell necessary and reasonable steps in accordance with the regulations to ensure that DBE's have
the maximum opportunity to compete for and perform subcontracts.The Contractor shall not
discriminate on the basis of race,color,national origin,religion,sex,age or physical handicap in
the award and performance of subcontracts.
It is further the policy of City of Port Arthur to promote the development and increase the
participation of businesses owned and controlled by disadvantaged.DBE involvement in all
phases of City of Port Arthur's procurement activities is encouraged.
(b)DBE obligation-The Contractor end its subcontractors agree to ensure that disadvantaged
businesses have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with federal funds provided under the Contract
Agreement. In that regard,ell Contractors and subcontractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 as amended,to ensure that minority
business enterprises have the maximum opportunity to compete for end perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts to involve DBE's in the work provided, the City of Port Arthur may declare the
Contractor non-complaint end in breach of Contract Agreement.
(d)The Contractor will keep records and documents for a reasonable time following
performance of this Contract Agreement to indicate compliance With City of Port Arthur's DBE
program.These records and documents will be made available et reasonable times and places
for inspection by any authorized representative of City of Port Arthur and will be submitted to
City of Port Arthur upon request.
(e)City of Port Arthur will provide affirmative assistance as may be reasonable and necessary
to assist the prime Contractor in implementing their programs for DBE participation.The
assistance may include the following upon request
Federally Required and other Model Contract Clauses 25
*Identification of qualified DBE
*Available listing of Minority Assistance Agencies
*Holding bid conferences to emphasize requirements
2. DBE Program Definitions,as used in the Contract Agreement:
(a) Disadvantaged business"means a small business concern":
i.Which is at least 51 percent owned by one or more socially and economically disadvantaged
individuals,or,in the case of any publicly owned business,at least 51 percent of the stock of
which is owned by one or more socially and economically disadvantaged individuals;and
ii. Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
or
iii.Which is et least 51 percent owned by one or more women individuals,or in the case of any
publicly owned business,at least 51%of the stock of which is owned by one or more women
individuals;and
iv.Whose management and daily business operations are controlled by one or more women
individuals who own it.
(b) "Small business concern"means a small business as defined by Section 3 of the Small
Business Act and Appendix B-
This section is being developed to reflect the new rule in 49 CFR Part 26.
20. STATE AND LOCAL LAW DISCLAIMER
Applicability to Contracts
This disclaimer applies to all contracts.
Flow Down
The Disclaimer has unlimited flow down.
Model Clause/Language
FTA has developed the following language.
State and Local Law Disclaimer-The use of many of the suggested clauses are not governed by
Federal law,but are significantly affected by State law.The language of the suggested clauses
may need to be modified depending on state law,and that before the suggested clauses are
Federally Required and other Model Contract Clauses 26
used in the grantees procurement documents,the grantees should consult with their local
attorney.
21. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS
FTA Circular 4220.1D
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited flow down.
Model Clause/Language
FTA has developed the following incorporation of terms language:
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 4220.1D,dated April 15,1996,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.