HomeMy WebLinkAboutPR 23413: CENTER FOR TRANSPORTATION AND THE ENVIRONMENT 3RD CONTRACT City of Port Arthur
Transit Department
Memorandum
To: Ron Burton,City Manager
From: Ivan Mitchell,Transit Director
Date: October 26,2023
Re: P.R.23413—Center for Transportation and the Environment 3`d Contract
Nature of Request: Authorizing the City Manager to execute a 3`d contract with the Center for
Transportation and the Environment(CTE)to function as the project manager for the deployment of
Port Arthur Transit's four(4)zero-emission buses.
Background: On June 26,2023,the Federal Transit Administration(FTA)awarded Port Arthur
Transit(PAT)funds to purchase four(4)battery electric vehicles and charging infrastructure. PAT
has elected to utilize the Center for Transportation and the Environment(CTE)to provide project
management services for the deployment of these vehicles and charging infrastructure. CTE's
services will include technical advisory services in responding to technical questions or concerns
during bus fabrication and deployment. Buy America audits to complete a post-delivery Buy America
audits in accordance with Federal Transit Administration(FTA)requirements. Project Management
and Reporting where CTE will provide PAT with Quarterly Management Reports(QMRs). The
QMRs provide a summary of progress and accomplishments of the previous quarter and projections
for the remainder of the project which are submitted to the FTA.
Per FTA reporting requirements,PAT is required to conduct deployment validation for twelve(12)
months. CTE will collect various operational data points to measure and report actual energy savings,
cost savings,and greenhouse gas emissions reductions resulting from deployment of battery electric
buses into revenue service. The data will be used to generate a series of Key Performance Indicators
(KPIs)to validate performance of battery electric buses against other buses in Port Arthur's fleet. Key
performance indicators may include availability,energy consumption,and costs. By tracking and
analyzing these KPIs,PAT and FTA will be fully informed regarding the overall impact of the electric
buses.
Recommendation: It is recommended that the City Council approve proposed P.R.23413. This
resolution would authorize the City Manager to sign a contract with CTE at a contract value of
$199,000.00.
Budgetary/Fiscal Effect: Funding to pay for the CTE contract is available in account number 401-70-
530-8523-00-60-000.
P.R.No.23413
10/26/2023 IM
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A 3rd
CONTRACT WITH THE CENTER FOR TRANSPORTATION AND THE
ENVIRONMENT (CTE) OF ATLANTA, GEORGIA TO FUNCTION AS THE
PROJECT MANAGER FOR THE DEPLOYMENT OF PORT ARTHUR TRANSIT'S
FOUR (4) ZERO-EMISSION BUSES IN AN AMOUNT NOT TO EXCEED
$199,000.00; FUNDS AVAILABLE IN ACCOUNT 401-70-530-8523-00-60-000.
WHEREAS, on June 26, 2023, the Federal Transit Administration (FTA)
announced a $5,001,700 FY23 Low- and No-Emission and Grants for Buses and Bus
Facilities project award for Port Arthur Transit (PAT) to purchase four (4) battery electric
vehicles and charging infrastructure; and,
WHEREAS, PAT has elected to utilize the Center for Transportation and the
Environment(CTE)of Atlanta, Georgia to act as the Project Manager for the Zero Emission
Electric Bus Project for Port Arthur Transit(PAT), in an amount not to exceed $199,000.00
as delineated in Exhibit"A"; and,
WHEREAS,in accordance with the FTA's Low or No-Emission Bus Program Grant,
CTE's scope of work will include a 12-month Key Performance Indicator (KPI) data
collection and reporting for the Zero Emission Bus Project, Buy America audits, technical
advisory, and project management.
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
THAT,the facts and opinions in the preamble are true and correct.
THAT, the City Manager is hereby authorized and directed to execute a contract with
the Center for Transportation and the Environment (CTE) of Atlanta, Georgia, as delineated
in Exhibit"A".
P.R.No.23413
10/26/2023 IM
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City
Council.
READ, ADOPTED AND APPROVED this day of November, A.D. 2023 at a
Regular Meeting of the City of Port Arthur, Texas by the following vote:
AYES:
Mayor:
Councilmembers:
NOES: .
Thurman"Bill"Bartie, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED A TO FORM:
(2,
Val Tizeno, City Attorney
APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF
FUNDS:
401-70-530-8523-00-60-000
I-
P.R.No.23413
10/26/2023 IM
Ronald Burton Kandy D el
City Manager Director of Finance
igthL:10t.
Clifton illiams, CPPB Ivan Mitchell
Purchasing Manger Transit Director
P.R.No.23413
10/26/2023 IM
Exhibit"A"
cto
CENTER FOR TRANSPORTATION
AND THE ENVIRONMENT
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF PORT ARTHUR
AND
CENTER FOR TRANSPORTATION AND THE ENVIRONMENT, INC.
This Agreement made and entered into on this of November, 2023 by and between the Center
for Transportation and the Environment(herein referred to as "CTE"), located at 730 Peachtree Street,
Suite 450,Atlanta, GA 30308 and the City of Port Arthur, (herein referred to as"Port Arthur"), located at
444 4th Street, Port Arthur,TX 77640, both hereinafter referred to collectively as the "Parties" and
individually as"Party," serves as the contract for the scope of work that CTE agrees to provide under the
5339(c) Low or No Emission Vehicle Program
WHEREAS, Port Arthur was awarded a 2023 Federal Transit Authority("FTA") Low or No Emissions
Vehicle grant to deploy zero-emission vehicles and related technology; and
WHEREAS, Port Arthur has a need to engage experienced professionals for technical consulting services
related to the deployment; and
WHEREAS, CTE is willing to perform and has the necessary skills to perform such services to Port Arthur
under the terms and conditions set forth herein.
NOW,THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as
follows:
The following attachments are incorporated by reference and made part of this Agreement herein:
Attachment I: CTE Statement of Work& Budget
Attachment 11: Applicable Federal Terms&Conditions
1) STATEMENT OF SERVICES TO BE PERFORMED
By executing this Agreement, CTE agrees to perform and comply with the scope of work set forth in
the Statement of Work (herein "Work"), attached and fully incorporated herein as Attachment I. CTE
shall diligently work to perform the Work specified in the time and manner described and in
accordance with the terms and provisions of this Agreement. CTE agrees to perform the Work with
that standard of professional care, skill, and diligence normally provided in the performance of
similar services.
2) FEDERAL FUNDING
CTE acknowledges that this Agreement is funded in part by the Federal Transit Administration (FTA)
and is subject to Federal Terms&Conditions, included herein as Attachment 11. With regard to their
scope of work, CTE shall comply with all Federal Terms& Conditions applicable to the Work
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provided under this Agreement. Furthermore, CTE shall not take any action or fail to take any action
that would jeopardize Port Arthur's compliance with applicable Federal Terms and Conditions.
3) TERM OF AGREEMENT
The period of performance for this Agreement shall commence upon the execution of this
Agreement by both Parties. Services, work products and/or deliverables defined in CTE's Statement
of Work shall be completed no later than December 31, 2025.
4) AGREEMENT AMOUNT/INVOICING
A. This is a firm-fixed price agreement with milestone payments.The total firm fixed price to be
paid for the Work performed under this Agreement is one hundred ninety-nine thousand dollars
($199,000.00).
B. CTE will invoice Port Arthur upon completion of each milestone deliverable,as outlined in
Attachment I, CTE Statement of Work& Budget. Port Arthur shall review and accept or reject
invoices within 15 business days, otherwise such invoices shall be deemed accepted. For any
milestone deliverable requiring more than two months to complete, CTE shall have the option
to submit an invoice for a progress payment on a pro rata basis.
C. Port Arthur shall pay CTE within 30 days of each accepted invoice.
D. A final invoice will be submitted by CTE within 30 days of the end date of the project or
Termination of this Agreement.
E. Invoices will be submitted to<Name/Address>, by mail,courier,or e-mail to<EmailAddress>.
Payments to CTE shall be made via check or wire transfer.
5) CHANGE ORDERS/PROJECT DELAYS
Port Arthur may, at any time, by written order, make changes within the scope of work and services
contained in Attachment I. If such changes cause an increase in the budgeted cost of or the time
required for performance, CTE shall notify Port Arthur and provide a proposed adjustment within
ten (10) days receipt of the written change order. In addition, if delays due to no fault of CTE extend
the Project by more than ninety (90) days, CTE shall have the option to reasonably adjust any
remaining milestone pricing. Any and all agreed adjustments shall be detailed in a written
supplement to this Agreement and signed by both Parties.
6) TERMINATION
This Agreement may be terminated in whole or in part as follows:
A. By either Party, if the other Party materially fails to comply with the terms and conditions of
this Agreement and such failure is not corrected within fifteen (15) days following receipt of
written notice from the non-breaching party.
B. By Port Arthur, upon thirty(30) days written notification to CTE setting forth the reasons for
such termination,the effective date, and, in the case of partial termination,the portion to
be terminated.
C. By CTE, upon thirty(30) days written notification to Port Arthur setting forth the reasons for
such termination, the effective date, and, in the case of partial termination, the portion to
be terminated.
D. By Port Arthur, if Port Arthur's prime award supporting this Agreement is terminated by
FTA.
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Upon Termination, Port Arthur will reimburse CTE for the contract price for all services performed in
accordance with the manner of performance up to the effective date of termination, to include works
in-progress.
7) INSURANCE
For the duration of this Agreement,CTE shall maintain, and shall require subcontractors, if any, to
maintain the following insurance policies and minimum limits:
A. Workers' Compensation insurance at statutory limits of not less than:
i. $1,000,000—Bodily Injury: Each Accident
ii. $1,000,000—Disease: Each Employee
iii. $1,000,000—Disease: Policy Limit; and
B. Commercial General Insurance at$1,000,000 per occurrence, $2,000,000 general aggregate;
and
C. Automobile Liability Insurance at$1,000,000 combined single limit for all hired, scheduled,
and non-owned autos; and
D. $1,000,000 in Professional Liability Insurance.
Upon request, CTE shall furnish the Port Arthur with a certificate(s) of insurance showing
CTE and subcontractors, if any, have complied with this Article. CTE shall provide the Port
Arthur thirty(30) days written notification of cancellation of such policies.
8) INDEMNIFICATION
CTE will, indemnify, defend, and hold harmless the Port Arthur and its board members, directors,
officers, and employees(collectively,the "Indemnitee") against any liabilities, losses, claims,
expenses(including attorney's fees)or damage they may suffer as a result of third-party claims,
demands, actions, costs or judgments arising from and to the extent caused by CTE's negligence or
willful misconduct related to performance under this Agreement. Notwithstanding the foregoing, in
no event will either Party be liable for any consequential, special, incidental, indirect or punitive
damages, including without limitation lost profits,whether the claim is based on contract,tort, strict
liability, or any other theory of law or equity.
9) INDEPENDENT CONTRACTOR
The Parties agree that CTE, as well as any individual working for CTE, is an independent contractor
and not an employee of Port Arthur for any purpose. Nothing contained in this Agreement shall be
construed to create the relationship of employer and employee, principal and agent, partnership, or
joint venture. Both Parties acknowledge that neither CTE nor any of its employees or subcontractors
are employees of Port Arthur for state or federal tax purposes and is not entitled to any employee
benefits of Port Arthur.
10) OWNERSHIP OF WORK
Upon payment of services rendered, CTE assigns to Port Arthur all of its rights in the final version of
the original works produced pursuant to this Agreement. If any CTE intellectual property(methods,
processes,trade secrets, preexisting software) is included in its work, CTE grants Port Arthur a
nonexclusive, royalty-free, license to display and otherwise make lawful use of those materials as
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contemplated by this Agreement, so long as credit to CTE is provided. CTE may retain a copy of all
material produced under this Agreement for use in its general business activities.
11) CONFIDENTIALITY
CTE agrees to keep confidential any Port Arthur technical data, electronic files, and other written or
oral information not in the public domain or not previously known and will not disclose any such
data to any other party without Port Arthur's prior written consent unless required by law.
12) EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, CTE shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, age, disability,
marital status, military status veteran status, sexual orientation,gender identity or expression,
genetic information, HIV/AIDS status or any other protected characteristic under applicable law.
CTE shall take affirmative actions to ensure that applicants are employed, and that employees are
treated during their employment, without regard to their race, religion, color, sex, disability,
national origin, or any other characteristic protected under state,federal, or local laws. CTE further
agrees to include a similar provision in all subcontracts, except subcontracts for standard
commercial supplies or raw materials.
13) RECORDS AND AUDITS
CTE shall maintain records containing pertinent information (including billings, invoices, dates,
length of time, services rendered, etc.)for a period of four(4)years after expiration or termination
of this Agreement. Port Arthur has the right to review and to copy any records and supporting
documentation pertaining to the performance of this Agreement and CTE agrees to allow the
authorized auditor(s) reasonable access to such records during normal business hours. CTE agrees to
include a similar right of Port Arthur in any subcontracts related to performance of this Agreement.
14) FORCE MAJEURE
Neither CTE nor Port Arthur shall be liable for or deemed to be in default for any delay or failure in
performance under this Agreement or interruption of services resulting, directly or indirectly, from
acts of God, civil or military authority, acts of public enemy or hostile governmental action, strikes,
labor disputes, pandemics, fire or other casualty, inability to obtain labor or materials or reasonable
substitutes for labor or materials necessary for performance of the services, or other causes, except
financial, that are beyond the reasonable control of CTE or Port Arthur. Notwithstanding the above,
if the cause of the force majeure event is due to party's own action or inaction, then such cause shall
not excuse that party from performance under this Agreement.
15) MISCELLANEOUS
A. Assignment. Neither Party may assign its respective rights or duties under this Agreement to
a third Party(except to a successor in interest to substantially all of the business of the
assignor) without the prior written consent of the other Party.
B. Amendment or Waiver.This Agreement may not be modified, amended or waived except
by a written instrument executed by duly authorized representatives of both parties. No
failure or delay in exercising any right shall operate as a waiver thereof.
C. Compliance with Laws. CTE shall comply with all applicable federal, state,and local laws,
rules, and regulations in performance of the Work under this Agreement.
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D. Counterparts.This Agreement may be executed and delivered in any number of
counterparts, each of which, when executed and delivered, shall be deemed an original, and
all of which together shall constitute the same contract.
E. Entire Agreement.This Agreement constitutes the entire agreement of the Parties with
respect to the subject matter of the Agreement and supersedes all previous oral and written
agreements, understandings, and communications of the Parties relating to such matters.
F. Governing Law.This Agreement will be governed by and constructed in accordance with the
laws of the State of<STATE>, USA, without regard to the conflict of laws principles thereof.
G. Headings. Headings on the sections and paragraphs of this Agreement are for convenience
and reference only, and the words contained therein shall in no way be held to explain,
modify, amplify,or aid in the interpretation, construction, or meaning of the provisions of
this Agreement.
H. Severability. Should any part of this Agreement be rendered or declared invalid or
unenforceable by a court of competent jurisdiction, it shall not affect the validity of any
other provision,which shall remain in full force and effect.
I. Subcontracting. CTE may subcontract with third party providers in performance of specific
tasks included in CTE's Statement of Work. In the event that subcontractors are used, CTE
will notify Port Arthur of the intent to use subcontractors and ensure subcontractor
adherence to the same quality standards and assurances required of CTE, including
adherence to applicable Federal Terms and Conditions.
J. Survival of Terms.The provision of section 8 (Indemnification), 10(Ownership of Work) and
11 (Confidentiality) shall survive the expiration or termination of this Agreement as well as
the provisions which by their nature would be intended to be applicable following any such
termination or expiration.
Please indicate your acceptance of these terms by returning one signed copy of this Agreement to CTE.
Center for Transportation&the Environment, Read,agreed to,and accepted by City of
Inc. (CTE): Port Arthur:
By: By:
Title: Title:
Date: Date:
Enclosures:
Attachment I: CTE Statement of Work& Budget
Attachment II: Applicable Federal Terms&Conditions
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Disadvantaged Business Enterprise (DBE) Program
Commitment Agreement Form
This commitment is subject to the award and receipt of a signed contract from Port Arthur
Transit (PAT).
Project # (if applicable):
Items of work to be performed (attach a list of work items if more room is required):
Total Commitment Amount % $
The contractor certifies by signature on this agreement that subcontracts will be executed between the prime contractor and the
DBE subcontractors as listed on the agreement form.
IMPORTANT: The signatures of the prime contractor and the DBE,and the total commitment
amount must always be on the same page.
Prime Contractor: Name/Title (please print):
Signature:
Address:
Phone:
E-mail: Date:
DBE: Name/Title (please print):
Signature:
Address:
Phone:
E-mail: Date:
Subcontractor (if the DBE will be a second tier sub): Name/Title (please print):
Signature:
Address:
Phone:
E-mail: Date:
Port Arthur Transit(PAT)
• DBE Invoice Progress Report
Project(if applicable):
For Invoice#: For Period (Mo./Yr.):
Prime Contractor: Contract Amount:
DBE Goal: DBE Goal Dollars:
YTD DBE Dollars Paid:
Name of DBE or 2nd Tier Sub *$Amt Paid for **$Amt Paid to Non-DBE Amount Paid to DBEs(X-Y)
Work Performed on 2nd Tier Subs (Y)
this invoice (X)
*Goal/commitment progress report amount. Do not subtract non-DBE second-tier subcontractors from this column.
** Report amount of payment DBE subcontractors paid to non-DBE subcontractors.
Any changes to the DBE commitments must be approved by PAT.
This report is required until all DBE subcontracting or material supply activity is completed.
I hereby certify that the above is a true and correct statement of the amounts paid to the DBE firms listed above.
Prime Contractor: Name/Title (please print):
Signature:
Address:
Phone:
E-mail: Date:
DBE: Name/Title (please print):
Signature:
Address:
Phone:
E-mail: Date:
Subcontractor(if the DBE will be a second tier sub): Name/Title (please print):
Signature:
Address:
Phone:
E-mail: Date:
Attachment I
CTE Statement of Work & Budget
Introduction
Zero-emission buses have specific operating characteristics and fueling requirements that can pose
challenges for transit agencies adopting this new technology for the first time or continuing their fleet
transition to zero emission. Ensuring a successful deployment of zero-emission buses (ZEBs) requires
additional steps beyond what is typically required for conventional fueling technologies. The Center for
Transportation and the Environment(CTE) has developed this Statement of Work that will be used to
guide Port Arthur Transit(PAT)to complete the Port Arthur Transit Zero-Emission Bus Deployment.
The proposed project will be executed in six primary tasks, summarized as follows:
• Task 1: Project Planning and Initiation
• Task 2: Bus Procurement& Build
• Task 3: Infrastructure Procurement, Design, and Build
• Task 4: Deployment Validation
• Task 5: Project Closeout
• Task 6: Project Management, Administration, Reporting, Control, and Technical Support
Task 1: Project Planning and Initiation
As part of planning for the 2023 Low-No deployment, CTE will review PAT's zero-emission transition plan
to ensure the project is consistent with PAT's long-term plans. CTE will guide the project team in project
planning activities.
This task will result in a project kickoff call with all stakeholders and project team members to align the
project team on objectives, tasks, assignments, timelines, and expectations to successfully meet project
goals and objectives.
• Deliverable: Project Kick-Off
Estimated Time to Complete: 2 months
Task 2: Bus Procurement & Build
PAT has chosen to select its vendor via an FTA approved state contract after award. CTE shall assist
PAT with an evaluation of the available state contracts and conduct a technical evaluation of the bus
models available through the state contracts.
Once the bus manufacturer has been selected from a state contract, CTE shall conduct a pre-award Buy
America audit.
PAT and the selected OEM will execute a procurement contract for the buses awarded through the
Low-No program. The selected OEM will submit their final design to PAT for approval before proceeding
with production. PAT and CTE will participate in a pre-production meeting at the selected OEM's facilities
to confirm the design and to review quality assurance, quality control, and production procedures that will
be in place for this order. CTE will monitor the progress of the bus build to ensure the timing aligns with
the installation of the charging stations.
Prior to delivery, PAT shall inspect the buses, as needed. The goal of the inspection is to confirm that the
buses meet PAT's specifications and that the bus manufacturer is adhering to the selected OEM's quality
control and quality assurance standards.
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Once the buses are delivered, CTE shall conduct a post-delivery Buy America audit.
• Deliverable: Technical Evaluation of Selected Vehicle
• Deliverable: Pre-Delivery Audit
• Deliverable: Post-Delivery Audit
Estimated time to complete: 16-20 months
Task 3: Infrastructure Procurement, Design, and Build
PAT shall purchase charging equipment off an FTA approved state contract. CTE shall assist PAT with
an evaluation of the available state contracts and conduct a technical evaluation of the chargers available
through the state contracts.
PAT shall procure services for site engineering (including civil, electrical, and mechanical), permitting,
construction, and equipment installation, as needed, from the SOLCO Group and Construction Managers
of Southeast Texas (CMOST). CTE and the selected OEM will work with PAT and the SOLCO Group
during the design for the on-route charging stations and additional depot charging stations. The project
team shall also meet with the local electrical utility to review charging requirements and site plans to
ensure there are no issues with utility service to the facility.
CMOST will be responsible for the installation of the charging equipment. Once site preparation is
completed and the charging equipment has been installed, CMOST shall coordinate site inspection by the
utility and the City of Port Arthur inspections and permits department. CMOST and the selected charger
manufacturer will conduct grid-side commissioning after inspection and approval to
energize is provided.
Once the battery electric buses are delivered, the selected OEM will commission the equipment for
charging operations with their buses.
Estimated time to complete: 16-20 months
Task 4: Deployment Validation
CTE will collect various data parameters to measure operational performance and realized benefits (e.g.
actual energy savings, cost savings, and greenhouse gas emissions reductions) resulting from
deployment of zero emission buses into passenger service. The data will be used to generate a limited
series of Key Performance Indicators (KPIs) to validate performance of the zero-emission buses.
KPIs may include availability, reliability, energy efficiency, fuel costs, maintenance costs, and emissions
reductions. These indicators, when combined, will allow PAT and FTA to fully understand operational
metrics to determine if the projected benefits, including impact on emissions, reductions in fuel
consumption and cost, and reductions in maintenance and costs, have been realized from the
deployment of the zero-emission buses. The analysis will also help to understand any impact that
charging of zero-emission buses or range limitations may have on service levels, operations, and
performance.
By tracking and analyzing theses KPls, PAT and FTA will be more informed regarding the overall impact
of the zero-emission buses. Data logging hardware and data access services shall be included in the bus
build costs with integration concurrence from the selected OEM, and the selected charging equipment
vendor and implemented prior to bus delivery to ensure that critical data are collected to support
evaluation and management of ZEB operations.
• Deliverable: Quarterly KPIs
Estimated time to complete: 12-14 months
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Task 5: Project Closeout
After the data collection period is over, CTE will issue a final report summarizing project results, findings,
and lessons learned. PAT will close out the project with FTA.
• Deliverable: Final FTA Report
Estimated time to complete: 1-2 months
Task 6: Technical Advisory
CTE will provide Port Arthur with technical advisory services throughout the project including but not
limited to the following activities:
Requirements Analysis: this task includes bus modeling, route simulation, charge modeling, rate
modeling, and confirmation of the technical specifications for the bus and charging equipment, if
requested by PAT.
Bus and Infrastructure Deployment: CTE will work with PAT to develop a plan for post-delivery
acceptance and performance validation testing, as well as for beginning revenue service.
Technical Support: CTE provides technical advisory services throughout the project to ensure that Santa
Maria staff understand the differences in technology and the best practices for deploying and operating
ZEBs. CTE will be available to advise Santa Maria on ZEB technology best practices, key deployment
strategies; ZEB supplier terms and conditions; charging strategies; oversight of bus manufacturing and
design; construction and installation of charging stations; and ZEB training, operations, and maintenance.
Participating, as needed, in regular meetings and information sharing between project partners
and stakeholders: CTE will be available to participate in regular and appropriate meetings with the
needed staff. This will include recurring status meetings, as well as focused workshops and other events.
Advocating for the transit agency's interests: within the project, CTE will act as an advocate and
advisor solely focused on PAT's interests and concerns. CTE's 25 years of expert experience in electric
vehicle technology is crucial when considering the unique requirements of battery electric bus system
planning, design, and construction. CTE's unbiased experience and broad network of industry contacts
results in rapid and impartial guidance, helping transit agencies select the technology that will best suit
their needs and avoid pitfalls of electric bus implementation without being beholden to the bus
manufacturer. CTE has proven experience in ensuring transparency on the capabilities, operation, and
maintenance of battery electric buses, and ensuring that the final buses meet all specifications and
service requirements.
Technical Services Budget
TASK ESTIMATED BUDGET
TASK 1: PROJECT PLANNING AND INITIATION $8,000
TASK 2: BUS PROCUREMENT& BUILD $26,000
TASK 3: INFRASTRUCTURE PROCUREMENT, DESIGN, & BUILD $10,000
TASK 4: DEPLOYMENT VALIDATION $60,000
TASK 5: PROJECT CLOSEOUT $5,000
TASK 6: TECHNICAL ADVISORY $90,000
TECHNICAL SERVICES TOTAL: $ 199,000
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Attachment 11
Applicable Federal Terms & Conditions
1. No Government Obligation to Third Parties
(a) Port Arthur 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 Port Arthur,
Contractor, or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying contract.
(b) The Contractor agrees to include the above clause in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, except to identify the subcontractor who will be subject to its provisions.
2. Program Fraud and False or Fraudulent Statements and Related Acts
(a) 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 Agreement,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.
(b) 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.
(c) The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
be modified, except to identify the subcontractor who will be subject to the provisions.
3. Access to Records and Reports
(a) Record Retention.The Contractor will retain, and will require its subcontractors of all tiers to
retain, complete and readily accessible records related in whole or in part to the contract,
including, but not limited to, data, documents, reports, statistics, sub-agreements, leases,
subcontracts, arrangements, other third party agreements of any type, and supporting materials
related to those records.
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(b) Retention Period.The Contractor agrees to comply with the record retention requirements in
accordance with 2 C.F.R. § 200.333.The Contractor shall maintain all books, records, accounts
and reports required under this Contract for a period of at not less than three (3)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 records shall be
maintained until the disposition of all such litigation, appeals, claims or exceptions related
thereto.
(c) Access to Records.The Contractor agrees to provide sufficient access to Port Arthur,the FTA
Administrator,the Comptroller General of the United States or any of their authorized
representatives and its contractors to inspect and audit records and information related to
performance of this contract as reasonably may be required.
(d) Access to the Sites of Performance.The Contractor agrees to permit Port Arthur,the FTA
Administrator,the Comptroller General of the United States or any of their authorized
representatives and its contractors access to the sites of performance under this contract as
reasonably may be required.
4. Federal Changes
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between Port Arthur and FTA, as they may be amended or promulgated from time to time during the
term of this contract. Contractor's failure to so comply shall constitute a material breach of this
contract.
5. Civil Rights Requirements
The following requirements apply to the underlying contract:
(a) Nondiscrimination - In accordance with Federal transit law at 49 U.S.C. § 5332,the Contractor
agrees that it will not discriminate against any employee or applicant for A-26 employment
because of race, color, religion, national origin, sex, disability, or age. In addition,the Contractor
agrees to comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(b) Race, Color, Creed, National Origin, Sex- In accordance with Title VII of the Civil Rights Act, as
amended,42 U.S.C. § 2000e et seq., 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. chapter 60, and Executive
Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24,
1965,42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or
supersedes it, referenced in 42 U.S.C. § 2000e note.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, religion, national origin, or sex(including
sexual orientation and gender identity). Such action shall include, but not be limited to,the
following: employment, promotion, 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
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(c) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S.
Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in
Employment Act," 29 C.F.R. part 1625,the Age Discrimination Act of 1975, as amended,42
U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the
Basis of Age in Programs or Activities Receiving Federal Financial Assistance,"45 C.F.R. part 90,
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.
(d) Disabilities- In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. § 794,the Americans with Disabilities Act of 1990, as amended,42 U.S.C. § 12101 et seq.,
the Architectural Barriers Act of 1968, as amended,42 U.S.C. § A-27 4151 et seq., and Federal
transit law at 49 U.S.C. § 5332,the Contractor agrees that it will not discriminate against
individuals on the basis of disability. In addition,the Contractor agrees to comply with any
implementing requirements FTA may issue.
The Contractor also agrees to include these requirements in each subcontract financed in whole or in
part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.
6. Employee Protections
The Contractor shall comply with all federal laws, regulations, and requirements providing wage and
hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work
Hours and Safety Standards Act, and other relevant parts of that Act,40 U.S.C. § 3701 et seq., and U.S.
DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and
Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject
to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5.
The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall
preserve them for a period of three (3)years from the completion of the contract for all laborers and
mechanics, including guards and watchmen, working on the contract. Such records shall contain the
name and address of each such employee, social security number, correct classifications, hourly rates of
wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
Such records maintained under this paragraph shall be made available by the Contractor for inspection,
copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the
Contractor will permit such representatives to interview employees during working hours on the job.
The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.
7. Disputes
Port Arthur and the Contractor intend to resolve all disputes under this Agreement to the best of their
abilities in an informal manner.To accomplish this end, the parties will use an Alternative Dispute
Resolution process to resolve disputes in a manner designed to avoid litigation. In general, the parties
contemplate that the Alternative Dispute Resolution process will include, at a minimum, an attempt to
resolve disputes through communications between their staffs, and, if resolution is not reached at that
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level,a procedure for review and action on such disputes by appropriate management level officials
within Port Arthur and the Contractor's organization. In the event that a resolution of the dispute is not
mutually agreed upon, the parties can agree to mediate the dispute or proceed with litigation.
Notwithstanding any provision of this section, or any other provision of this Contract, it is expressly
agreed and understood that any court proceeding arising out of a dispute under the Contract shall be
heard by a Court de novo and the court shall not be limited in such proceeding to the issue of whether
Port Arthur acted in an arbitrary, capricious or grossly erroneous manner.
Pending final settlement of any dispute,the parties shall proceed diligently with the performance of the
Contract, and in accordance with Port Arthur's direction or decisions made thereof.
(1) Performance during Dispute. Unless otherwise directed by Port Arthur, Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
(2) 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 its employees, agents or others
for whose acts it 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 or damage.
(3) Remedies. Unless this Contract provides otherwise, all claims, counterclaims, disputes and other
matters in question between 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 Port Arthur is located.
(4) 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 Port Arthur 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.
8. Energy Conservation Requirements
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.
The Contractor agrees to include the requirements of this section in all its subcontracts that these
requirements flow down to all subcontractor tiers.
9. Fly America
(a) Definitions. As used in this clause-
"International air transportation" means transportation by air between a place in the United
States and a place outside the United States or between two places both of which are outside
the United States.
"United States" means the 50 States, the District of Columbia, and outlying areas.
"U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
(b) When Federal funds are used to fund travel,Section 5 of the International Air Transportation
Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors,
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recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air
transportation of personnel (and their personal effects)or property,to the extent that service
by those carriers is available. It requires the Comptroller General of the United States, in the
absence of satisfactory proof of the necessity for foreign-flag air transportation,to disallow
expenditures from funds, appropriated or otherwise established for the account of the United
States,for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag
air carrier is available to provide such services.
(c) If available,the Contractor, in performing work under this contract,shall use U.S.-flag carriers
for international air transportation of personnel (and their personal effects) or property.
(d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for
international air transportation,the Contractor shall include a statement on vouchers involving
such transportation.
10. Government-Wide Debarment and Suspension(Nonprocurement)
I Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement
Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of
Management and Budget(U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)", 2 C.F.R. Part 180. As such,the contractor shall verify that none of the
contractor, its principals, as defined at 2 CFR 1200, or affiliates, as defined at 2 CFR 1200, are not
presently declared by any Federal department or agency to be:
i. Debarred from participation in any federally assisted Award;
ii. Suspended from participation in any federally assisted Award;
iii. Proposed for debarment from participation in any federally assisted Award;
iv. Declared ineligible to participate in any federally assisted Award;
v. Voluntarily excluded from participation in any federally assisted Award; or
vi. Disqualified from participation in ay federally assisted Award.
The contractor is required to comply with 2 CFR 1200, and must include the requirement to comply with
2 CFR 1200 in any lower tier contract for$25,000 or more.
By executing this Agreement, Contractor certifies as follows:
The certification in this clause is a material representation of fact relied upon by Port Arthur. If it is later
determined that Contractor knowingly rendered an erroneous certification, in addition to remedies
available to Port Arthur,the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. Contractor agrees to comply with the requirements of 2 CFR
1200 while this offer is valid and throughout the period of any contract that may arise from this offer.
Contractor further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
11. Lobbying
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Upon execution of the underlying Agreement, Contractor certifies,to the best of his or her knowledge
and belief, that:
(a) 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.
(b) 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.
(c) Contractor will require that the language of this certification be included in the award
documents for all sub-awards for more than $100,000 at all tiers(including subcontracts, sub-
grants, and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification clause is a material representation of fact upon which reliance was placed when this
Agreement was entered into. Submission of this certification clause 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.
12. Clean Air and Federal Water Pollution Control Act
(a) 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. §§ 7401-7671q and the Federal Water
Pollution Control Act as amended, (33 U.S.C. §§1251-1387).The Contractor agrees to not use
any violating facilities,to report each violation of use of prohibited facilities to Transit Agency
and understands and agrees that Transit Agency will, in turn, report each violation as required
to assure notification to FTA and the appropriate EPA Regional Office.
(b) The Contractor also agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FTA.
13. Recycled Products
The Contractor agrees to provide a preference for those products and services that conserve natural
resources, protect the environment, and are energy efficient by complying with and facilitating
compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended,42 U.S.C. §
6962, and U.S. Environmental Protection Agency (U.S. EPA), "Comprehensive Procurement Guideline for
Products Containing Recovered Materials," 40 C.F.R. part 247.
14. Safe Operation of Motor Vehicles
(a) Seat Belt Use.The Contractor is encouraged to adopt and promote on-the-job seat belt use
policies and programs for its employees and other personnel that operate company-owned
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vehicles, company-rented vehicles, or personally operated vehicles.The terms "company-
owned" and "company-leased" refer to vehicles owned or leased either by the Contractor or
AGENCY.
(b) Distracted Driving.The Contractor agrees to adopt and enforce workplace safety policies to
decrease crashes caused by distracted drivers, including policies to ban text messaging while
using an electronic device supplied by an employer, and driving a vehicle the driver owns or
rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official
business in connection with the work performed under this agreement.
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