HomeMy WebLinkAboutPR 23399: JANITORIAL SERVICES AT PORT ARTHUR TRANSIT FACILITES City of Port Arthur
Transit Department
Memorandum
To: Ron Burton,City Manager
From: Craty Nellison,Administrative Support Supervisor
Cc: Ivan Mitchell,Transit Director
Date: November 20,2023
Re: P.R. 23399 Janitorial Services at Port Arthur Transit Facilities
Nature of Request: Authorize the City Manager to execute a contract with Agape Cleaning Enterprise
Inc. of Houston,Texas for janitorial services at Port Arthur Transit's(PAT)facilities in the amount
not to exceed$33,850.20.
Background: It is imperative for PAT to maintain clean and sanitary facilities for employees and
citizens of the City of Port Arthur. Agape Cleaning Enterprise Inc. will provide the janitorial services
needed to maintain clean and sanitary facilities for PAT.
The PAT received six(6)bids that met their specifications regarding janitorial services. The lowest
bidder was Agape Cleaning Enterprise Inc. of Houston,Texas. Accordingly,PAT recommends the
lowest responsible bidder be awarded the contract for janitorial services at its facilities: Agape
Cleaning Enterprise Inc. of Houston,Texas.
Recommendation: It is recommended that the City Council approve proposed P.R. 23399 for the
janitorial services at PAT's facilities in the amount not to exceed$33,850.20.
Budgetary/Fiscal Effect: Funding available in Account Nos. 401-70-500-5470-00-60-00 and 401-70-
505-5470-00-60-000,Project Nos. TR3018 TAD. OCS and VOP.00S.
Re"
P.R.No.23399
11-20-23 CN
RESOLUTION NO.
A RESOL I TION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRAC I BETWEEN THE CITY OF PORT ARTHUR AND AGAPE CLEANING
ENTERPRI•E INC. OF HOUSTON, TEXAS FOR JANITORIAL SERVICES AT PORT
ARTHUR RANSIT FACILITIES IN AN AMOUNT NOT TO EXCEED $33,850.20.
FUNDS AV. ILABLE IN ACCOUNT NOS. 401-70-500-5470-00-60-00 AND 401-70-505-
5470-00-60-110, PROJECT NOS. TR3018 TAD.00S. AND VOP.00S.
WHE I AS,there is a need to obtain janitorial service for the Transit Division facilities;
and,
WH I' S,the Purchasing Department advertised for bids in the Port Arthur News on
October 18, 023 and October 25, 2023,with six(6)bids received,the bid tabulation is attached
hereto as Ex ibit"A"; and,
WH DREAS,Agape Cleaning Enterprises Service of Houston,Texas,was the lowest and
most respons ve bid in an amount of$33,850.20 for a one(1)year contract with an option to
renew for on: additional one-year period.
NO THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF P 0 RT ARTHUR:
THAT,the facts and opinions in the preamble are true and correct.
THAT,the City Manager is hereby authorized and directed to execute on behalf of the City
of Port Arthur a contract with Agape Cleaning Enterprise Inc. of Houston, Texas for janitorial
services for the Transit Division facilities in the not to exceed amount of$ 33,850.20, 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 December , A.D., 2023, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
fir.:
AYES:
Mayor:
Councilmember:
NOES:
Mayor
ATTEST:
City Secretary
APP VED S TO FORM:
ityA o y
APPROVED FOR ADMINISTRATION:
Interim City Manager
Transit Director
APPROVED AS TO THE AVAILABILITY OF FUNDS:
401-70-500-5470-00-60-00 AND 401-70-505-5470-00-60-000
4 /OZ i 69ta-UA-d,
Director Finance
(
Purch sing Manager
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Exhibit "A"
Exhibit " B"
CONTRACT BETWEEN THE
CITY OF PORT ARTHUR
AND
AGAPE CLEANING ENTERPRISES INC.
THIS AGREEMENT, made this day of 2023,by and between
the City of Port Arthur, a municipal corporation organized under the laws of the State of Texas,
hereinafter called "OWNER" or "CITY" and Agape Cleaning Enterprises, Inc. Janitorial of
Houston Texas, herein acting by and through hereinafter called
"CONTRACTOR".
WITNESSETH: That for and in consideration of the payment terms, conditions and
agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from end date on Contract 22-367 to December 29, 2023.
The City can 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. During, the term of this Contract, the Contractor will furnish at his own expense all of the
materials, supplies, tools, equipment, labor and other services necessary to connection
therewith, excepting those supplies specifically not required of Contractor.
3. The CONTRACTOR agrees to perform all the work described in the specifications and
contract documents and to comply with terms therein for the amount of$2,820.25/month
for a total not to exceed $33,850.20.
4. The term "Contract Documents" means and includes the following:
a) Agreement
b) BID
c) Addenda
d) General Information
e) Specification
f) Notice of Award
g) Notice to Proceed
5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
6. IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly
authorized officials,this Agreement in(2 copies)each of which shall be deemed an original on the
date first above written
Signed on the day of , 2023.
OWNER
CITY OF PORT ARTHUR
By:
Ronald Burton
City Manager
ATTEST:
Sherri Bellard, City Secretary
Signed on the day of , 2023.
CONTRACTOR
AGAPE CLEANING ENTERPRISES INC.
By:
Print Name:
Title:
WITNESS:
Print Name:
THURMAN BILL BARTIE,MAYOR
RONALD BURTON
TIFFANY HAMILTON,MAYOR PRO TEM CITY MANAGER
City of
COUNCIL MEMBERS: !- SHERRI BELLARD,TRMC
WILLIE BAE LEWIS CITY SECRETARY
DONEANE BECKCOM
HAROLD L.DOUCET,SR o r t r t h u r VAL TIZENO
THOMAS IQNLAW HI CITY ATTORNEY
DONALD FRANK,SR.
OCTOBER 23, 2023
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, November 8, 2023. (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, November 8, 2023 in the
City Council Chambers, City Hall, 5th Floor,Port Arthur,TX. You are invited to attend.
MARK ENVELOPE: P24-001
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, 4d'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
cifton.williams@aportarthurtx.gov
Purchasing Division/Finance Department I 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.
egpf.
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
NON-MANDATORY
PRE-BID CONFERENCE
A Non-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, October 26,
2023 at 2:00 p.m. at Transit Administration Building located at 344 Procter, Port Arthur, Texas.
The purpose of the Non-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.
Page 4 of 33
SPECIFICATIONS
FOR
THE TRANSIT DEPARTMENT
SERVICES CENTER AND TRANSIT TERMINAL
SCOPE OF SERVICES:
To set forth the requirements and conditions for performing Janitorial/Cleaning services for
locations listed below. The bidder shall perform the required services in all areas and shall be
qualified to furnish a complete and efficient custodial service, including all labor, supervision,
supply all paper products such as toilet paper and paper towels for all facility restrooms. Cleaning
materials disinfected solution and cleaning equipment such as mop buckets, replacement mops,
wet floor signs, brooms, squeegees, etc. The successful bidder(s) shall be prepared to perform each
task as stated according to the work schedule. Janitorial Services shall be provided (6) nights
weekly, Monday through Saturday ALL regular scheduled NIGHT cleaning listed below MUST
be done during the hours of 5:45 P.M. - 8:00 P.M. Starting in Transit Service Center then the
Terminal and the Administrative building last due to high traffic until 7:30P.M. Keys and a access
card will be given for entrance to the building.
CONTRACT PERIOD:
The term of this contract shall be for one (1)year with the option to renew to one
additional year. This contract is federally funded through the Federal Transit Administration.
AREAS TO BE CLEANED:
Administration Building 344 Procter Street- Approximately 4353sq ft, Transit Terminal, 300
Procter-Approximately 3,000 sq ft, Transit Service Center, 324 4t Street-Approximately 14,000
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.
5 of 33
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.
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.
QUALITYASSURANCE:
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.
The Bidder will only clean or maintain the Coin Changer Room located in maintenance main office
area. When the entrance is open to the room.
SUPPLIES FURNISHED BY CONTRACTOR:
Contractor shall furnish all materials, supplies and equipment including, but not limited to,paper
towels,toilet tissue, hand soap,wet floor sign,deodorant blocks,bowl cleaner,wax remover and
6 of 33
wax,dust mops,damp mops,brooms,buffer,vacuum cleaners,cloths,and anything else pertaining
to cleaning as well as plastic liners for trash wastebasket containers.
PRODUCT RESTRICTIONS:
ENDUST is not to be used at any time for any reason in the Transit Service Center and Transit
Terminal —NO EXCEPTIONS.
No harsh cleaners shall be used on wallpaper or vinyl walls.
Do not use furniture polish on any metal surface.
PRODUCT REQUIREMENTS:
The Contractor shall furnish all materials
Johnson's Step Ahead (or equal)
Buffing Spray concentrated film-forming restorer for Ultra high-speed maintenance
Simply Green to clean restrooms and wipe walls in restrooms.
PRODUCT REQUIREMENTS FOR CERAMIC TILE CARE MAINTENANCE:
A general-purpose cleaner.
Buckeye Cyrene Polishing Compound or approved (or equal).
Excel Floor Finish or approved equal.
NOTE: THE BURDEN OF PROOF PERTAINING TO EQUAL PRODUCT QUALITY OF
REQUESTED MATERIALS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR.
The following definitions of terms shall be used in evaluating Janitorial services:
Dusting - A properly dusted surface shall be free of all dirt and dust, dust streaks, lint, and
cobwebs. Dusting shall be completed before vacuuming, sweeping/dust mopping.
Sweeping/dust mopping-A properly swept or dust mopped floor shall be free of all dirt, grit, lint
and debris.
Vacuuming-A properly vacuumed carpet or floor shall be free of all dirt, dust,grit,lint and debris.
All spots or stains shall be removed by the spot cleaning methods. The machine used to vacuum
shall have adequate suction to lift dirt,grit and debris from the base of the carpet nap(3.5.amps or
greater). All stains shall be removed immediately with an approved carpet cleaning solution in
such a manner as to not leave rings or discoloration.
Wet mopping- A properly wet mopped floor shall be free of all dirt, dust, grit, and debris. Fresh
water, to which odorless detergent or cleaning agent has been added,shall be used with a sponge-
type mop to removes all dirt and marks. Most of the water shall be squeezed from the mop prior
to its application to the floor surface, to prevent free-flowing water from being applied to the floor.
Damp mopping - A properly damp mopped floor shall be free of all dirt, dust, grit, marks and
debris. Fresh water,to which an odorless detergent or cleaning agent has been added,shall be used
with a sponge-type mop to remove all dirt and marks. Most water shall be squeezed from the mop
prior to its application to the floor surface,to prevent free-flowing water from being applied to the
floor.
7 of 33
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-SIX(6) TIMES PER WEEK(MONDA Y THROUGH SA TURDA Y):
ADMINISTRA TIVE OFFICE, CONFERENCE AND DRIVER'S ROOM:
All floor surfaces will be swept and/or vacuum all title floors and buff all floors, including office
restrooms, with a 1300 rpm high speed buffer.
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 ata minimum,or when they become
stained, soiled or torn. Dispose of trash in outside dumpster provided by the City.
Pick up any trash on floors.
Damp mop with a CLEAN mop all floors as needed, special attention to the floor area next to
walls,file cabinets, bookcases, etc.
RESTROOMS AND SHOWERS:
Restrooms/Shower floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting
cleaner.
Clean all mirrors.
8 of 33
All restrooms/shower fixtures, including lavatory sinks, commodes, and urinals will be scoured
and disinfected and kept free of scales at all times.
All soap, towel, and tissue dispensers will be filled nightly.
Clean doors, door frames,and Formica counter tops with a non—abrasive disinfected cleaner.
Restroom wall and switches will be kept clean and free of spots,smudges and foreign.
CONFERENCE ROOM:
Conference room will be vacuum and dusted as needed. The conference room carpet will be clean
by shampooing every six months.
BI-WEEKLY SERVICES:
Clean ledges and windowsills, and mini blinds in main offices.
The supervisor will monitor work and see that it is done to specifications. A compliance checklist
will be recorded by the supervisor bi-weekly.
SEMI-ANNUALLY STRIP AND WAX TREMINAL BUILDING.
Every six months contractor will schedule a time to Strip, reseal, and wax all tile floors in the
Terminal building, restrooms all offices and upstairs with a 1300 rpm high speed buffer.
TRANSIT TERMINAL DAILY SERVICES-LOBBY WAITING AREA (MONDAY
THROUGH SATURDA Y)
All floor surfaces will be swept and Mopped with water& required portion of a general purpose
cleaner on a daily basis,additional cleaning maybe requested by Transit Management.
Restore Floors with Franklin Restore It or approved equal and buff with a 1300 rpm high speed
buffer as required after cleaning.
All scuff marks will be cleaned.
Clean and disinfect all table tops, seats and their metal frame assemblies 'on a daily basis,
additional cleaning maybe requested by Transit Management.
Drinking fountains will be cleaned and disinfected and all exposed metal shall be polished and
kept free of foreign matter. Clean, dry polish water fountains with a stainless steel cleaner/ non-
abrasive, odorless cleaner. Cleaning of the fountains should be done daily.
Wipe clean walls,money changer facing, and trim, additional cleaning maybe requested by Transit
Management.
All glass doors leading into lobby, lower front glass pane windows, and glass display case doors
will be cleaned to remove smudges and fingerprints.
Clean doors, door frames with a non —abrasive disinfected cleaner
Drinking fountain will be cleaned and disinfected and all exposed metal shall be polished and kept
free of foreign matter.Clean,dry polish water fountain with a non- abrasive, odorless cleaner.
Empty and reline trash containers with new liners.
9 of 33
RESTROOMS:
All floor surfaces will be swept and Mopped with water & required portion of a general purpose
cleaner on a daily basis,additional cleaning maybe requested by Transit Management.
Clean all mirrors. All soap, towel, and tissue dispensers will be filled nightly.
All restroom fixtures, including lavatory sinks,commodes, and urinals will be scoured and always
disinfected and kept free of scales.
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.
Clean daily main entrance doors and windows as needed or requested by Transit Management.
INSIDE AND OUTSIDE TRASH RECEPTACLES (MONDAY THROUGH SATURDAY):
Trash Receptacles are to be inspected and emptied daily. Change trash liners daily. Trash liners
shall be placed and replaced weekly at a minimum, or when they become stained, soiled or torn.
OUTSIDE CANOPY WALKWAY AND DRIVEWAY(MONDAY THROUGH SA TURDA Y):
Pick up trash daily, sweep in front of entrance as needed,or as requested by Transit
Management.
MECHANICAL AND SUPPLY ROOMS(WEEKLY)AS NEEDED:
Sweep Floors.
Damp mop with a CLEAN mop and buff vinyl tile floor in Supply Room.
Clean utility sink in Mechanical Room.
Keep the shelving in the Supply Room neat&orderly.
SEMI-ANNUALLY STRIP AND WAX TREMINAL BUILDING.
Every six months contractor will schedule a time to Strip, reseal, and wax all tile floors in the
Terminal building, restrooms all offices and upstairs with a 1300 rpm high speed buffer.
10 of 33
CITY OF PORT ARTHUR,TEXAS
BID SHEET
BID FOR: Janitorial Service for Transit
BID DUE DATE: November 8,2023
DESCRIPTION UOM QUANTITY UNIT COST TOTAL COST
Janitorial Service for Transit dp od
Admin Building MTH 12 $ � 5�6 $ /OZO
Janitorial Service for Transit oe co)
Terminal MTH 12 $ — $ l/110
Janitorial Service for Transit
Maintenance Building MTH 12 $ 775, $ 930 •a
r040, `33 rgz . °
A/9/. Cez.71 /,V9 C�17 rise 3'19 e24) zi.6 ct)k
COMPANY NAME STREET ADDRESS
1 .s7�-' N- �3fG
IGNAT 0 BIDDER (--‘ja-1Ik6 b0'.
t/19AZ 97 p i( ti37 c W 7- 77054i
RINT OR TYPE NAME ft STATV✓ ZIP
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 bid.
Signature:
Panted Name: C , A.))
Title: f4 5/))eit)7
Company: je/a/97.e, 45../l11 f I ' 607, .. .pviv-S'e '
Date: — 7 — 02Oc93
SUBSCRIBED and sworn to before me the undersigned authority byiL,ckidTver4he of, r _on
behalf of said bidder.
c •
y Public in and for the
State of Texas
My commission expires: /2- /0 G f Zo a3
.
ri ,P,V Pue BYRON S MCGHEE JR f
� Notary ID#128819705
4 74,I}P My Commission Expires
4'00 December 6,2023
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:
XI hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay
succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said
debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due.
I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an
agreement for the payment of said debts. I further agree to pay succeeding debts as they become due.
60.4/0r= Ce64Alliw./,117--i f3 el s t= /1- 7 O 3
Firm Name Date
, -.1:7.,\QatliLL\4001.*thias.:66._
Authorized Signature Title
77/ C/14-R,LN T.4vi2R.qu .V3. (i-i ga al
Name (please print) Telephone
/,/C#*?0 ce-Cbgn), N5T
Email
STATE: 7 P\s
COUNTY: W-RCS
SUBSCRIBED AND SWORN to before me by the above named f1iGh�(G� 1nJr rc.v
on this the Ste.+\ day of IJOUcyt„bcr, 20 13 .
, 6,,,./
i:tI t vg 22E1
: ��i: dv iummi sl rf Notary Public
RETURN THIS AFFIDAVIT AS PART OF THE BID BID
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.
//R NONe
Jn
I Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated
' t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
J Name of local government officer about whom the information is being disclosed.
•
4 ,vaNw
Name of Officer
Al 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 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 relationship that the vendor named in Section 1 maintains with a corporation;or
other business entity with respect to which the local government officer serves as an officer or director, or holds an
ownership interest of one percent or more.
nCheck 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).
•
' I
Signature of vendor doing business th the governmental entity Date
No 7
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
1 �
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/
Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship'.means a connection between two or more parties
based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,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 I i
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. I f
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.ethlcs.slate.tx.us Revised 11/30/2015
Page 15 of 33
1 '
SB 252
CHAPTER 2252 CERTIFICATION
I, K/Cb'A./ f �/l) 7'4-1y ,the undersigned and representative
of 14P rGe'1N//VG � i2P /s "
(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 whip do
business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City o Port
Arthur Purchasing Department.
I I
Name of Company Representative(Print)
Signature of Company Representative
I I
Date
I I
tI
� I
Page 16 of 33
House Bill 89 Verification
I, /C/�9-Ad Xe/7AAj' (Person name), the undersigned representative
(hereafter referred to as "Representative") of
,iJe E1, 0A/6"
EAl /G—jZ7Debr (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.
SIGNA RE F REPRES NTATIVE
1h
AUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 1 day
of Iv(2vGrvq btr , 20 2? .
/4,7 e 6c771._
Notary Public
BYRON SMCCHC[
Notury It)J.1 t:,)
Cz i.j My 4
y Dccemh4r( ?t
Page 17 of 33
GENERAL INFORMATION:
Proposers are cautioned to read the information contained in this ITB carefully and to submit a complete
response to all requirements and questions as directed.
TERMINOLOGY: "Bid" vs. "Bid"--For the purpose of this ITB, the terms "Bid" and 'Bid" shall be
equivalent.
AWARD: The City of Port Arthur will review all bids 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 bids.
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 BID: The proposer may withdraw its bid 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 bid prior to the deadline. Modification or withdrawal of the bid 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
ITB, 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 ITB will be made by addenda no later than 48
hours prior to the date and time fixed for submission of bids. 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 bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been
issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1.
PRICES: The bidder should show in the bid 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 bid 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 ITB.
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and
agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It
is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities
less than the estimated amount.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur,Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law
to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced
as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is
not correctly inserted the Contract shall be amended to make such insertion on application by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,perform all
work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein
otherwise expressly specified, necessary or proper to perform and complete all the work required by this
Contract, in accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed
description concerning any point shall be regarded as meaning that only the best commercial practices are to
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 BIDS: 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 ITB information. Bid Documents are not available for public inspection until after the contract
award. If the Proposer has notified the City, in writing, that the Bid 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.
BID EVALUATION AND CONTRACT AWARD: Bid Evaluation and Contract Award Process: An award
of a contract to provide the goods or services specified herein will be made using competitive sealed bids, in
accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The
City will evaluate all bids 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 bids for this project. The City
may, at its option, conduct discussions with or accept bid 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 Bid 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 bid process without the
express permission from the City's Purchasing Manager.
AMBIGUITY: Any ambiguity in the Bid 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 ITB.
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;
provided, however, that later notice shall not bar the Contractor's claim if the Contractor can
Page 22 of 33
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 DELIVERY AUDITS REQUIREMENTS
• Clause and language therein are merely suggested. 49 C.F.R.Part 663 does not contain
specific language to be included in third party contracts but does contain requirements
applicable to subrecipients and third party contractors.
• Buy America certification is mandated under FTA regulation, "Pre-Award and Post-
Delivery Audits of Rolling Stock Purchases," 49 C.F.R.663.13.
Page 23 of 33
• Specific language for the Buy America certification is mandated by FTA regulation,
"Buy America Requirements--Surface Transportation Assistance Act of I982,as amended,"49
C.F.R.66I.12,but has been modified to include FTA's Buy America requirements codified at 49
U.S.C.A 53230).
Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to
comply with 49 U.S.C. §5323(1)and FTA's implementing regulation at 49 C.F.R.
Part 663 and to submit the following certifications:
1. Buy America Requirements: The Contractor shall complete and
submit a declaration certifying either compliance or noncompliance
with Buy America. If the Bidder/Offeror certifies compliance with
Buy America, it shall submit documentation which lists 1)
component and subcomponent parts of the rolling stock to be
purchased identified by manufacturer of the parts, their country of
origin and costs; and 2)the location of the final assembly point for
the rolling stock, including a description of the activities that will
take place at the final assembly point and the cost of final
assembly.
2. Solicitation Specification Requirements: The Contractor shall
submit evidence that it will be capable of meeting the bid
specifications.
3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor
shall submit I) manufacturer's FMVSS self-certification sticker
information that the vehicle complies with relevant FMVSS or 2)
manufacturer's certified statement that the contracted buses will
not be subject to FMVSS regulations.
BUY AMERICA CERTIFICATE OF COMPLIANCE WITH
FTA REQUIREMENTS FOR BUSES, OTHER ROLLING
STOCK,OR ASSOCIATED EQUIPMENT
ENERGY POLICY AND CONSERVATION ACT
The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the
State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.
Section 6321 et seq.).
CLEAN WATER ACT
(1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(2)The Contractor also agrees to include these requirements in each subcontract exceeding$100,000 financed
in whole or in part with Federal assistance provided by FTA.
RESTRICTIONS ON LOBBYING
Page 24 of 33
(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
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).
Page 25 of 33
• 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!non- competitive award or non-
$100,000/Capital competitive state pass if funded non-competitive competitive
Projects thru to award
award Contractor thru25307/5309/5311 award
II. Non State a. Contracts Those
Grantees below SAT imposed on
($100,000) Yes3 non-state Yes
Grantee Yes Yes
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 of Authority
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
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.
Page 26 of 33
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 fmanced
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.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Page 27 of 33
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 fmanced 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 fmanced 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.
By signing and submitting its bid or bid,the bidder or proposer certifies as follows:
Page 28 of 33
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 Coi pliance Programs, Equal Employment Opportunity, Department of Labor," 41
C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations,
and Federal policies that may in the future affect construction activities undertaken in the course of the Project.
The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action
shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing
requirements FTA may issue.
2. Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination
against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities
Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor
agrees to comply with any implementing requirements FTA may issue.
3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with
Federal assistance provided by FTA,modified only if necessary to identify the affected parties
Page 29 of 33
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
I li
ACCEPTANCE OF ALL FEDERAL CONTRACT CLAUSES ; I
11
The Proposer shall at all times comply with all applicable FTA regulations,policies, procedures and direc ives, ! l 1
including without limitation those listed directly or by reference in the Master Agreement between Ci I and
FTA, as they may be amended or promulgated from time to time during the term of this Contract. Prop ser's 1 i
failure to so comply shall constitute a material breach of this Contract.
?� s
The Propos r, �'� '�, certifies or affirm that they have read and accepts all of the
aforementioned Federal Transit Administration contract clauses. i C II
1 'I
1
Signature oQsAutnzedOfficiar
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Name and Title of Proposer's Authorized Official
liI
Date II
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Page 32 of 33 , , I
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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 S e,v tvk AV% day of p d V, b e - , 200 .
Company Name:, - PC -'e" 1 Ste.
BY
c
(Signature o Company Official)
5 /0 6/1T'
(Title of Company Official)
�...,n�A^ BYRON 5 MC GHEE JR
tt (� Notary 1D#S 2E019705 y
at is My Commission Exoirr-s
Cecember G,2073 ok
Page 33 of 33