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HomeMy WebLinkAboutPR 24133: APPROVAL TO PURCHASE TWO 2025 PETERBILT TRASH TRUCKS J7 City of - J ort rthui 7i'Tu www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: February 14, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Flozelle C. Roberts, EIT, MEng, MBA, CPM, Public Works Director RE: P.R. 24133 —Purchase of two (2) 2025 Peterbilt 567 Trash Trucks th Cummins Chassis for the Solid Waste - Trash Division from Custom Truck One Source of Kansas City, Missouri Introduction: This agenda item requests Council's approval to purchase two(2)2025 Peterbilt 567 trash trucks with Cummins chassis for the Solid Waste—Trash Division. Background: The Public Works Solid Waste — Trash Division (Trash) collects household bulk waste at residential curbs. The trash trucks have incurred deterioration and are reaching the end of their useful life, warranting replacement. The following are specifications for the existing equipment to be replaced. Equipment Model No. Year Make Model Odometer Comments 2217 2018 Unknown Unknown 75776 Electrical and arm issues 2279 2018 Freightliner M2 102113 Transmission and arm problems; vehicle jumps out of gear The request for bids was advertised on January 18,2025 and January 25,2025. Bids were opened on February 12, 2025 in the council chambers. The City received four bids from Holt Truck "Remember,we are here to serve the Citizens of Port Arthur" 444 4th Street X Port Arthur,Texas 77641-1089 X 409.983.8182 X FAX 409.983.8294 Center of Houston, Texas; Vanguard Truck Center of Houston, Texas; Bruckner Truck Equipment of San Antonio, Texas; and Custom Truck One Source of Kansas City, Missouri. Staff recommends rejecting the lowest and second lowest bidders because of unanticipated urgencies of the current stock of irreparable equipment, several weather events, the current instability of the economy and resulting costs of materials for the equipment, and primarily due to the adverse impact and risk to the general public's health and safety due to the delay of the collection of the household waste that has begun to pile up causing an environment conducive to the increased presence of disease-carrying rodents, quality of life, compromising odors, and safe sanitary living issues for the residents. The lowest and second lowest bidders' lack of quicker delivery will not be able to address the public health, safety, and welfare of the City's citizens in a timely manner to provide required and paid service. Purchasing the trucks for $311,737.50 each or $623,475.00 total from the third lowest bidder, Custom Truck One Source of Kansas City, Missouri, addresses our citizens' immediate needs, placing their health, safety, and welfare and the department's reliability and serviceability at the forefront. This justification complies with and satisfies the requirements of 2 CFR § 200.320(b)(1)(ii)(E), Procurement methods. Budget Impact: Custom Truck One Source of Kansas City, Missouri, provided a competitive quote for a 2025 Peterbilt 567 trash truck with Cummins chassis for $311,737.50 each, or $623,475.00 total. Funding of$587,336.00 is available in the ARPA Program Account, 169-00-000-4510-00-00- 000,and$36,139.00 is available in the Solid Waste Trash Collection Motor Vehicles Account, 403-5 0-3 05-8 523-00-00-000. Recommendation: It is recommended that the City of Port Arthur City Council approve PR 24133 authorizing the City Manager to purchase two (2) 2025 Peterbilt 567 trash trucks with Cummins chassis for the Solid Waste—Trash Division from Custom Truck One Source of Kansas City, Missouri. "Remember, we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 PR No.24133 02/14/2025 FCR Page 1 of 4 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) 2025 PETERBILT 567 TRASH TRUCKS WITH CUMMINS CHASSIS FOR THE SOLID WASTE-TRASH DIVISION FROM CUSTOM TRUCK ONE SOURCE OF KANSAS CITY, MISSOURI, FOR $311,737.50 EACH($623,475.00 TOTAL).FUNDING OF$587,336.00 IS AVAILABLE IN THE ARPA PROGRAM ACCOUNT, 169-00-000-4510-00-00-000, AND $36,139.00 IS AVAILABLE IN THE SOLID WASTE TRASH COLLECTION MOTOR VEHICLES ACCOUNT, 403-50-305-8523-00-00- 000 WHEREAS, the Public Works Solid Waste — Trash Division collects household bulk waste for the prevention of disease and compliance with health and environmental laws; and, WHEREAS,the Purchasing Division advertised for bids on January 18, 2025 and January 25, 2025, with bids opened on February 12, 2025 (see Exhibit A); and, WHEREAS, the City received four bids from Holt Truck Center of Houston, Texas; Vanguard Truck Center of Houston, Texas; Bruckner Truck and Equipment of San Antonio, Texas; and Custom Truck One Source of Kansas City, Missouri, with Holt Truck Center submitting the lowest responsible bid(see Exhibit B); and, WHEREAS, staff recommends rejecting the lowest bidder because of unanticipated urgencies of the current stock of irreparable equipment, several weather events, the current instability of the economy and resulting costs of materials for the equipment, and primarily due to the adverse impact and risk to the general public's health and safety due to the delay of the collection of the household waste that has begun to pile up causing an environment conducive to the increased presence of disease-carrying rodents, quality of life, compromising odors, and safe sanitary living issues for the residents. The lowest bidder's lack of quicker delivery will not be PR No.24133 02/14/2025 FCR Page 2 of 4 able to address the public health, safety, and welfare of the City's citizens in a timely manner to provide required and paid service; and, WHEREAS, staff recommends rejecting the second lowest bidder because of unanticipated urgencies of the current stock of irreparable equipment, several weather events,the current instability of the economy and resulting costs of materials for the equipment,and primarily due to the adverse impact and risk to the general public's health and safety due to the delay of the collection of the household waste that has begun to pile up causing an environment conducive to the increased presence of disease-carrying rodents, quality of life, compromising odors, and safe sanitary living issues for the residents. The second lowest bidder's lack of quicker delivery will not be able to address the public health,safety,and welfare of the City's citizens in a timely manner to provide required and paid service; and, WHEREAS,purchasing the trucks for$311,737.50 each or$623,475.00 total (see Exhibit C)from the third lowest bidder, Custom Truck One Source of Kansas City,Missouri,provides for addressing our citizens' immediate needs, placing their health, safety, and welfare and the department's reliability and serviceability at the forefront; and, WHEREAS, this justification complies with and satisfies the requirements of 2 CFR § 200.320(b)(1)(ii)(E),Procurement methods. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the council rejects the two lowest bidders; and, PR No.24133 02/14/2025 FCR Page 3 of 4 THAT, the City Manager of the City of Port Arthur is hereby authorized to purchase two (2) 2025 Peterbilt 567 trash trucks with Cummins chassis from Custom Truck One Source of Kansas City, Missouri, for $311,737.50 each or $623,475.00 total; and, THAT,funding for this purchase is available in the ARPA Program Account, 169-00-000- 4510-00-00-000, and the Solid Waste Trash Collection Motor Vehicles Account, 403-50-305- 8523-00-00-000, as detailed in the memorandum of understanding obligating funding under the American Rescue Plan Act(ARPA) for the acquisition of a trash truck(see Exhibit D); and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the day of , A.D. 2025 at a meeting of the City of Port Arthur, Texas, by the following vote: Ayes: Mayor: Councilmembers: Noes: Thurman Bill Bartie Mayor Attest: Sherri Bellard, TRMC City Secretary PR No.24133 02/14/2025 FCR Page 3 of 3 APPROVED AS TO FORM: Roxann Pais Cotroneo, Esq. City Attorney APPROVED OR ADMINISTRATION: Mk \ 41111. Ronald Burto• 0 City M. :er t &VALI' / IP,44111P—frei ozell: $ Roberts, IT,'MEng,' BA, CPM Direct• • Public orks APPROVED AS FOR AVAILABILITY OF FUNDS: �.�J7' Boswell, ICMA-CM, MA y A Director of Finance 6 *A, LA". Clifton E. Williams, Jr., CPPB Purchasing Manager PR No.24133 EXHIBIT A CITY OF PORT AR.THUR Request for Proposals Purchase of Trash Truck January 18, 2025 January 25, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR PROPOSALS NOTICE IS HEREBY GIVEN THAT sealed Bids.addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444 4th Street or P.O. Box 1089, Port.Arthur, Texas 77641 no later than 3:00 P.M.,Wednesday,February 12,2025,Applicant names will be read aloud beginning at 3:15 P.M.,Wednesday,February 12,2025 on this date in the City Council Chambers, City Halt,5th Floor for certain services briefly described as: 1.PURCHASE OF GARBAGE TRUCK 2.PURCHASE OF TRASH TRUCK Bids received after the deadline stated above,regardless of method of delivery,will not be considered and returned unopened. I Copies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities, Per Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton of ifliams I • Purchasing Manager PUBLIC • IC CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR PROPOSALS NOTICE IS HEREBY GIVEN THAT sealed Bids,addressed to the City of Port Arthur,will be receive at the Office of the City Secretary, City Hall 444 4th Street or P.O. Box 1089, Port Arthur, Texi 77641 no later than 3:00 P.M„Wednesday,February 12,2025.Applicant names will be read alai beginning at 3:15 P.M.,Wednesday,February 12,2025 on this date in the City Council Chamber City Hall,5th Floor for certain services briefly described as: 1.PURCHASE OF GARBAGE TRUCK 2.PURCHASE OF TRASH TRUCK Bids received after the deadline stated above,regardless of method of delivery,will not be consider( and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office.4, 4th Street,City of Port Arthur,and are open for public inspection without charge.They can also t retrieved from the City's website at www.portarthurtx.govlbids.aspx or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalitie Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance,the City Council shall n •award a contract to a company that is in arrears in its obligations'to the City. Clifton !illiams Purchasing Manager- CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR PROPOSALS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur, Texas 77641 no later than 3:00 P.M.,Wednesday,February 12,2025. Applicant names will be read aloud beginning at 3:15 P.M., Wednesday, February 12, 2025 on this date in the City Council Chambers, City Hall, 5th Floor for certain services briefly described as: 1. PURCHASE OF GARBAGE TRUCK 2. PURCHASE OF TRASH TRUCK Bids received after the deadline stated above, regardless of method of delivery, will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.govibids.aspx or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clifton Williams Purchasing Manager FIRST PUBLICATION: January 18,2025 SECOND PUBLICATION: January 25,2025 PR No.24133 EXHIBIT B c) z c � � N S _ /CA 7- N rn 69 2 CVI CI f 64 R Tt § C.) 2 CA CV U N v H / = co.] £ co E k —6 = • >4 k \ co � � — Q ( E > N / cu k / § 6 el et c.) � 2 Cg ■ >-,Q c ■ F ct = ( .2 / k % 2 U N ¥ % § o o u _ S # 7 2 ® © / _ ■ U o % N w c ? ° % § u Z ¥ o k 2 t o 2 E 7 \ #_ % 6. • ■ 6, a / � �2 = 6 » ¥ D % ƒ v. A 3 ° ct — Q 2 > / � _ ° 6 � � $ � DC ' b ■ 2 D k ® U ¥ NIG ® 1 ca m ,2 = ƒ ` 4 cl /= ,= / 7 0 ' .. � � � / �. �� to \ k z . � $ c 2 U k § t ■ c -imi ,U a ■ CI / / PR No.24133 EXHIBIT C CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: PURCHASE OF TRASH TRUCK BID DUE DATE: FEBRUARY 12, 2025 DESCRIPTION TOTAL COST DELIVERY DAYS PURCHASE OF TRASH TRUCK: $ 311,737.50 delivered 90 days Custom Truck One Source 7701 Independence Ave COMPANY NAME STREET ADDRESS OF P.O. BOX Brian McCormick Kansas City MO 64125 PRINT OR TYPE NAME CITY STATE ZIP Senior Strategic Account Manager 979-229-7187 TITLE AREA CODE TELEPHONE NO. bmccormickacustomtruck.com 682-200-6998 EMAIL FAX NO. Cuy f -CITY OF PORT ARTHUR,TEXAS ort rrhu "'�- ADDENDUM NO. ONE (1) T1XIIS JANUARY 27, 2025 BID FOR: PURCHASE OF TRASH TRUCK BID: P25-015 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. The axle is a double axel. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cli n Williams Purchasin Manager ' z 02/11/2025 Signature of Proposer Date Custom Truck One Source Company Vendor Name cal of -CITY OF PORT ARTHUR,TEXAS .,.- ADDENDUM NO. TWO (2) ort rthur Te vas FEBRUARY 6,2025 BID FOR: PURCHASE OF TRASH TRUCK BID: P25-015 The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. The grapple truck has to have a 20k front Axle and a 46k Axle to accommodate the 40-yard truck and this truck must have a Dual Axle to hold the weight. If you have any questions,please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Cli n Williams Purchasing anager 02/11/2025 ignature of Proposer Date Custom Truck One Source Company Vendor Name THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOMM. CITY MANAGER MAYOR PRO TEM City of • SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS.JR. TIFFANY L.HAMILTON EVERFIELD o r t r t h u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW.III Texas DONALD FRANK,SR. JANUARY 21,2025 INVITATION TO BID PURCHASE OF TRASH TRUCK DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, February 12, 2025. (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, February 12, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-015 DELIVERY ADDRESS: Please submit one (1) original and one (1) copy of your bid to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning the Invitation to Bid or Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams,Acting Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.uov Purchasing Division/Finance Department 1 Purchasing Manager,Clifton Williams, P.O.Box 1089 1 444 4th Street 1 Port Arthur,Texas 776411 409.983.8160 1 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. C4prt. Clifton Williams Purchasing Manager Page 2 of 4 INVITATION TO BID PURCHASE OF TRASH TRUCK (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? I 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 4 TABLE OF CONTENTS A. ARPA FEDERAL FUNDING PROVISIONS B. FEDERAL CLAUSES C. ADVERTISEMENT FOR BIDS D. BID SHEET E. INFORMATION TO BIDDERS F. SPECIFICATIONS G. HOUSE BILL 89 VERIFICATION H. NON-COLLUSION AFFIDAVIT 1. AFFIDAVIT J. SB 252 CHAPTER 2252 CERTIFICATION K. CONFLICT OF INTEREST SECTION ARPA FEDERAL FUNDING PROVISIONS EXHIBIT"A" ARPA FEDERAL FUNDING PROVISIONS 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. & 200.327) (a) Appendix Ii to Part 200(A)- Remedies: The parties shall comply with the administrative, contractual, or legal remedies in the Contract Documents for when the CONTRACTOR violates or breaches the terms of the Contract and shall comply with the applicable sanctions and penalties as appropriate in the Contract Documents. (b) Appendix II to Part 200 (B) -Termination for Cause/Convenience: The parties shall comply with the termination for cause provision and the termination for convenience provision in the Contract Documents. (c) Appendix II to Part 200 (C) — Equal Employment Opportunity_: CONTRACTOR agrees as follows during the performance of the Contract: (i) CONTRACTOR will not discriminate against any employee or applicant for employment because of race. color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed. and that employees are treated during employment without regard to their race,color, religion.sex.sexual orientation. gender identity.or national origin. 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. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR. state that all qualified applicants will receive consideration for employment without regard to race, color: religion, sex. sexual orientation, gender identity, or national origin. (iii) CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed. or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding. hearing. or action, including an investigation conducted by the employer. or is consistent with the CONTRACTOR's legal duty to furnish information. (iv) CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding. a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965. and of the rules. regulations, and relevant orders of the Secretary of Labor. (vi) CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations. and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records. and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules.regulations. and orders. (vii) in the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of Contract or with any of the said rules.regulations, or orders. this Contract may be canceled.terminated.or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24. 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24. 1965. or by rule. regulation, or order of the Secretary of Labor, or as otherwise provided by law. •A (viii) CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24. 1965. so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions. including sanctions for noncompliance: Provided, however. that in the event the CONTRACTOR becomes involved in. or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided. That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency. instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules. regulations. and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24. 1965. with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering_ agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order, !n addition. the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate. or suspend in whole or in part the grant (contract, loan. insurance, guarantee) for this project:refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (d) Appendix II to Part 200 (D) — Davis-Bacon Act: Copeland ("Anti-Kickback") Act: The Contract Documents include these requirements. (e) Appendix tl to Part 200 (E)—Contract Work Hours and Safety Standards Act: (i) 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. (ii) Violation: liability for unpaid wages:liquidated damages. In the event of any violation of the clause set forth in paragraph(i) of this Section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory.to such District or to such territory). 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 (i) 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 (i) of this Section. Withholding for unpaid wages and liquidated damages. CITY 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 ,A-2 contract or any other Federal contract with the CONTRACTOR.or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the CONTRACTOR. such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (ii)of this section. (iv) Subcontracts. CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(ii)through (iv) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(i)through (iv) of this Section. (f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Aa_reement: This provision is not applicable to the Contract. (a) Appendix II to Part 200(G)—Clean Air Act and Federal Water Pollution Control Act: CONTRACTOR shall comply with the following: (i) Pursuant to the Clean Air Act. (1) 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.. (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will. in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. ;ii) Pursuant to the Federal Water Pollution Control Act. (1) 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., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will. in turn. report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150.000. ih) Appendix II to Part 200 (H)—Debarment and Suspension: (i) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (Al This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C. in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180. subpart C and 2 C.F.R. pt. 3000. subpart C throughout the Contract. The CONTRACTOR further agrees to include a provision requiring such compliance in its subcontracts. (v) CONTRACTOR warrants that it is not debarred. suspended. or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Contract. (i) Appendix II to Part 200 (I)—Byrd Anti-Lobbying Act: (i) Contractors that apply or bid for an award exceeding $100.000 must file the required certification Earh fiar cprt}fies„tn ihatiP.r_aboya that it will not and has not iised FPriaral annrnoriatPd funds to nay anv .A-3 person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress. or an employee of a member of Congress in connection with obtaining any Federal contract. grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. (ii) If CONTRACTOR has not submitted the required certification. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment"1" and incorporated herein by this reference. (i) Appendix II to Part 200 (J)—&200.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000: procuring solid waste management services in a manner that maximizes energy and resource recovery: and establishing an affirmative procurement. (ii) In the performance of this Contract. the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule: meeting_ contract performance requirements: or at a reasonable price. (iii) Information about this requirement. along with the list of EPA-designate items. is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement- auideline-cpg-program. (iv) CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system. or as critical technology as part of any system funded under this Contract. As described in Public Law 115-232. section 889. covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure.and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation. Hangzhou Hikvision Digital Technology_ Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense. in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation. reasonably believes to be an entity owned or controlled by. or otherwise connected to.the government of a covered foreign country. (ii) See Public Law 115-232. section 889 for additional information. (I) Appendix II to Part 200 (L)—5200.322 Domestic Preferences for Procurement A-4 (j) CONTRACTOR shall. to the greatest extent practicable, purchase. acquire, or use goods, products. or materials produced in the United States (including but not limited to iron, aluminum, steel, cement. and other manufactured products).The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States' means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings. occurred in the United States. `2) "Manufactured products means items and construction materials composed in whole or in part of nonferrous metals such as aluminum: plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete: glass. including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS(2 C.F.R. 6 200.321) (a) CONTRACTOR shall be subiect to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms. women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race. color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists: (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources: (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises: (iv) Establishing delivery schedules, where the requirement permits. which encourage participation by small and minority business. and women's business enterprises: and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency(MBDA) of the Department of Commerce. (c) CONTRACTOR shall submit evidence of compliance with the foregoing affirmative steps when requested by the CITY. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c)of ARPA. Treasury's regulations implementing that section. and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY. Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers. and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project. (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of ARPA. regulations adopted by Treasury pursuant to section 603(f) of ARPA, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes. regulations, and executive orders. including.without limitation, the following: A (I) Universal Identifier and System for Award Management (SAM). 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180. subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters. pursuant to which the award term set forth in 2 C.F.R. Part 200.Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying. 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. && 4601-4655)and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation. the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. && 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22. which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. && 3601 et seq.). which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status. or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. &794).which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Aae Discrimination Act of 1975, as amended(42 U.S.C. &&6101 et seq.). and Treasury's mplementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990. as amended (42 U.S.C. && 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local Governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions. including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts. and/or any other remedy available by law. (e) Hatch Act. If CONTRACTOR is a public agency. CONTRACTOR agrees to comply, as applicable, with the requirements of the Hatch Act (5 U.S.C. section 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. (fl Protections for Whistleblowers. (i) In accordance with 41 U.S.C. & 4712. CONTRACTOR may not discharge. demote. or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below. information-That#k4aacz lovee-reasonabtu-betjsves-is-evidaass-of-mess a-faciaal-sentract A-6 or grant. a gross waste of federal funds. an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety,or a violation of law. rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress: (2) An Inspector General: (3) The Government Accountability Office: (4) A Treasury employee responsible for contract or grant oversight or management: 5) An authorized official of the Department of Justice or other law enforcement agency: (6) A court or grand jury: or (7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (a) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043. 62 FR 19217 Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. and encourage its subcontractors to do the same (h) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225(Oct. 6. 2009). CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving. and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (i) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Contract,including. but not limited to, the following: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964. as amended. which prohibits exclusion from participation, denial of the benefits of. or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the around of race, color. or national origin (42 U.S.C. ,$ 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166: directives: circulars: policies: memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166. "Improving Access to Services for Persons with Limited English Proficiency (LEP);" seeks to improve access to federally assisted programs and activities for individuals who. because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly. CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives. to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services. including_ oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource. the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACIDa's successors, tr.r.sf_rees and assignees for the period in-which-such assistance.is-provided. A-7 (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subiect to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors.transferees and assignees: The subcontractor successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of or otherwise discriminating against a person on the basis of race. color, or national origin(42 U.S.C. &2000d et seg.), as implemented by Department of the Treasury Title VI regulations. 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). Title VI also extends protection to persons with "Limited English proficiency"in any program or activity receiving federal financial assistance. 42 U.S.C. &2000d et seq., as implemented by Department of the Treasury Title Vi regulations. 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury_,this assurance obligates the CONTRACTOR. or in the case of a subsequent transfer,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. 'vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation.litigation,and monitoring of any settlement agreements that may result from these actions.CONTRACTOR shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race. color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. if the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency_ finding of discrimination. please so state. (x) If CONTRACTOR makes sub-awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance. :A-8 ATTACHMENT"1" NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS TITLE 49, CODE OF FEDERAL REGULATIONS. PART 29 CONTRACTOR certifies, by signing and submitting this form, to the best of his or her knowledge and belief, that: (I) 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 any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation, renewal. amendment, or modification of any Federal contract. grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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, oan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL. "Disclosure of Lobbying Activities." in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 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. CONTRACTOR also agrees that he or she shall require that the language of this certification be included in all lower tier subcontracts. which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signature' Printed Name: Brian McCormick Title: Senior Strategic Account Manager Firm Name: Custom Truck One Source SECTION "B" FEDERAL CLAUSES € 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES t. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. ?ROGR4M,FRA LD AND FAQ Q$Effzi UD IIL ENT STA al4LITAAD RELATED ACTS 3. 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 TXDOT 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. 4. 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 TXDOT 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)(l) on the Contractor,to the extent the Federal Government deems appropriate. 5. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by TXDOT. It is further agreed that the clauses shall not be modified. except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS The following access to records requirements applies to this Contract: • Where the Purchaser is not a State but a local government and is the TXDOT Recipient or a subgrantee of the TXDOT Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the TXDOT 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 TXDOT 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)I, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 4. FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable TXDOT regulations, policies. procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and TXDOT, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 5. CIVIL RIGHTS 1. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. §2000d,section 303 of the Age Discrimination Act of 1975,as amended,42 U.S.C. §6102,section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements TX DOT may issue. 2. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 3. Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended. 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color, creed, national origin, sex, or age. Such action shall include, but not be limited to,the following:employment, upgrading,demotion or transfer,recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 4. Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended. 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements TX DOT may issue. 5. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,"29 C.F.R.Part 1630.pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements TXDOT may issue. 6. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by TXDOT, modified only if necessary to identify the affected parties 6. DISADVANTAGED BIJSTNNTERPRISE tDBEI 7. 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. s. The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. 7. TERMINATION TERMINATION FOR CAUSE: If,through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor ofsuch 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. 8. 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 and29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by (insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to (insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 9. BUY AMIERICA REOUIRENIENTS The contractor agrees to comply with 49 U.S.C. 5323G) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in CITY-funded projects are produced in the United States, unless a waiver has been granted by CITY 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. 53230)(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. 10. RESOLUTION OF DISPUTES.BREACHES ANDOTHERLITIGATION All contracts in excess of S 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. 11. RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law I01-121, 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. 12. CLEAN AIR 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 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 CITY and the appropriate EPA Regional Office. b) 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 CITY. 13. CLEAN WATER ACT (I)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 CITY and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontractexceeding $100,000 financed in whole or in part with Federal assistance provided by CITY. 14. 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 CITY 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 15. FL YAMERICA REO UIREMENTS 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. 16. DAVIS BACON Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141,et seq. and 18 USC 874. The Acts apply to grantee construction contracts and subcontracts that"at least partly are financed by a loan or grant from the Federal Government." 40 USC 3145(a), 29 CFR 5.2(h), 49 CFR 18.36(i)(5). The Acts apply to any construction contract over 82,000. 40 USC 3142(a), 29 CFR 5.S(a). 'Construction,' for purposes of the Acts, includes "actual construction, alteration and/or repair, including painting and decorating." 29 CFR 5.5(a). The requirements of both Acts are incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.S(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.S(a) and any deviation from the model clause below should be coordinated with counsel to ensure the Acts' requirements are satisfied. (1) Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (!)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill,except as provided in 29 CFR Part 5.5(a)(4).Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classifications and wage rates conformed under paragraph(1)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall always be posted by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (I) Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area bythe construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination;and (4)With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington,DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,Provided, That the Secretary of Labor has found,upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account asset for the meeting of obligations under the plan or program. (v)(A)The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination.The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination;and (2)The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate),the contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs(a)(1)(v)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. nir (2) Withholding-City Utilities shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis- Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, City Utilities may, after written notice.to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance,or guarantee of funds until such violations have ceased. (3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B)of the Davis- Bacon Act),daily and weekly number of hours worked, deductions made and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to City Utilities for transmission to the Federal Transit Administration as requested.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i)of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (I) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CPR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations,29 CPR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph(a)(3)(ii)(B)of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may,after written notice to the contractor,sponsor,applicant,or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CPR 5.12. (5)Apprentices and trainees-(i)Apprentices -Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration,Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess.of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training,or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees-Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.Department of Labor,Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity -The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment-A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general dispute's clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor,or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 7. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). 8. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME CONIPENSAT1ON 9. 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. 10. Violation;liability for unpaid wages;liquidated damages- In the event of any violation of the clause set forth in paragraph(I)of this section the contractor and any subcontractor responsible therefore shall he 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 he 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. 11. 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 he 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 he 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. 12. 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 he responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1)through(4)of this section. 18. ,aE .'m��FF,TY The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 19. PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for CITY,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 L.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 CITY 20. PRE-A WARD AND POST DELIVERY AUDITS REOUIREMENTS • Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third-party contractors. • Buy America certification is mandated under CITY regulation, "Pre-Award and Post-Delivery • Audits of Rolling Stock Purchases," 49 C.F.R. 663.I3. Specific language for the Buy America certification is mandated by CITY regulation, "Buy America Requirements--Surface Transportation Assistance Act of I982, as amended." 49 C.F.R. 661.12, but has been modified to include CITY's Buy America requirements codified at 49 U.S.C. A53230). Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C. § 5323(1) and CITY's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: I. 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 I) 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 CITY REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT 21. 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.). 22. BID PROTESTS. 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. • 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. • 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 theCity Council. 23. RECYCLED PRODUCTS. The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended(42 U.S.C. 6962), including but not limited to the 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR247. SECTION "C" ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR, TEXAS ADVERTISEMENT FOR PROPOSALS NOTICE IS HEREBY GIVEN THAT sealed Bids, addressed to the City of Port Arthur,will be received at the Office of the City Secretary,City Hall 444 4th Street or P.O.Box 1089,Port Arthur, Texas 77641 no later than 3:00 P.M.,Wednesday,February 12,2025. Applicant names will be read aloud beginning at 3:15 P.M., Wednesday, February 12, 2025 on this date in the City Council Chambers, City Hall. 5th Floor for certain services briefly described as: 1. PURCHASE OF GARBAGE TRUCK 2. PURCHASE OF TRASH TRUCK Bids received after the deadline stated above, regardless of method of delivery. will not be considered and returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444 4th Street, City of Port Arthur, and are open for public inspection without charge. They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all bids and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C) of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. Clift Williams Purchasing Manager FIRST PUBLICATION: January 18,2025 SECOND PUBLICATION: January 25,2025 SECTION "D" BID SHEET a - SECTION "E" II INFORMATION TO BIDDERS INFORMATION TO BIDDERS: NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award. BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS, OR OFFERING SUBSTITUTIONS. SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation. The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. 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. BID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis,whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price, as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. 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/filinginfoiconflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP,you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. 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. 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 and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder'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. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office personnel) in Port Arthur,the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required,of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089, Port Arthur, Texas 77641 or apaportarthurtx.gov. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur,in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest,direct or indirect,in this Contract;and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this 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. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. 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. 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 Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract,whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or $500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and. c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100.000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence, for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and$100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers,effective dates and expiration dates)and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items. and before commencing any of the work and within the time otherwise specified. Contractor shall file completed certificates of insurance with the Owner. 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. CELL PHONE OR PAGER: The Contractor must have a working cell phone or pager available Monday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the contractor. SECTION "F" SPECIFICATIONS DESIGN SPECIFICATIONS: Equipment Acquisition — Grapple Trash Truck (Solid Waste Division) DESIGN SPECIFICATIONS Grapple Trash Truck General Description: The grapple trash truck shall be a robust, versatile vehicle designed to efficiently haul household trash and other materials. It must operate effectively on highways and off-road conditions and be capable of roll-on/roll-off container movements. The truck will be used for the transportation of trash from transfer stations to disposal sites, including municipal landfills. The truck must include a hydraulically operated grapple loader to load bulky materials and other refuse directly into the body. Specifications 1. Chassis and Cab a. Chassis Type: Heavy-duty chassis suitable for on/off-highway operations. b. Cab Design: a. Conventional cab style with reinforced steel or aluminum construction. b. Ergonomically designed interior with adjustable seating, climate control, and sound insulation. c. Equipped with easy-access steps and grab handles. c. Operator Accessibility: Overhead Operations Joy Stick and Foot Pedal. 1f 2. Engine and Transmission a. Engine: • Diesel-powered engine meeting EPA emissions standards. • Minimum 300 horsepower and 860 lb-ft torque. • Equipped with a heavy-duty cooling system and engine braking system for prolonged use. b. Transmission: a. Automatic transmission, Allison 3000RDS or equivalent. b. PTO (Power Take-Off) capability to power the grapple loader. 3. Truck Body and Grapple Loader a. Truck Body: • Capacity: Minimum 40 cubic yards with overhead. • Constructed from high-strength, corrosion-resistant steel or aluminum. • Dumping system: Hydraulically tilting body for efficient unloading. • Roll-on/roll-off container compatibility for flexible use. b. Grapple Loader: • Hydraulic grapple with a minimum lifting capacity of 3,500 lbs. • Reach a Minimum of 20 feet from the truck body. • 360-degree rotation for precise material handling. • Designed for lifting bulky materials such as furniture, tree limbs, and construction debris. c. Safety Features: • Stabilizers or outriggers to ensure stability during grapple operation. • Safety interlocks to prevent unintended movements. 4. Axles, Suspension, and Brakes a. Axles: Front axle: Minimum 10,000 lbs capacity. • Rear axle: Minimum 22,000 lbs capacity. b. Suspension: • Heavy-duty air ride suspension system for improved ride comfort and stability. c. Brakes: • Full air braking system with ABS. • Parking brake with cab-mounted controls. 5. Tires and Wheels a. Tires: • All-terrain tires suitable for highway, off-road. and landfill conditions. • Front and rear tires rated for heavy loads. c. Wheels: • Aluminum or steel wheels, 22.5 inches. 6. Hydraulic Systems c. Hydraulics: • Heavy-duty hydraulic pump with high flow capacity to operate the grapple loader. • Hoses and fittings rated for high pressure, with protective sheathing. 7. Operator Features a. Controls: • Centralized joystick or button controls for all loading and dumping functions. • Optional remote control for external operation of the grapple loader. b. Safety Systems: • Rear and side-view cameras with in-cab monitor. • Audible alarms for reversing and operational warnings. 8. Electrical System a. Electrical System • 12-volt system with a high-capacity alternator and battery system. • LED work lights for nighttime operation and enhanced visibility. 9. Compliance and Warranty a. Compliance: Truck must meet or exceed DOT, OSHA, and EPA regulations. a. Warranty: • Minimum 3 years/100.000 miles on the chassis and engine. • 1-year warranty on grapple loader and hydraulics. 10.Comparable Models The proposed vehicle must be comparable to or exceed the specifications of the following models: • Mack MD7 Grapple Truck • Freightliner M2 Grapple Truck 1 i SECTION V G" I HOUSE BILL 89 VERIFICATION House Bill 89 Verification I. Brian McCormick (Person name), the undersigned representative (hereafter referred to as "Representative") of Custom Truck One Source (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. RE 0 RES E SUBSCRIBED AND SWORN TO BEFORE ME. the undersigned authority, on this " day ofrr , 2C257 1�`1�Y PV'��: DEREK R BANIK a`:`r ••a,% y State of Texes �aa.*'�� Comm.Expires 02-12-2027 .: a p• � ' Notary iD 13188990-0 grum SECTION "H" NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR, TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Printed Name: Brian McCormick Title: Senior Strategic Account Manager Company: Custom Truck One Source Date: 02/11/2025 SUBSCRIBED and sworn to before me bx,thhe above named (3riM 11l6r,,i_eon this the 11 day of F rY , 201-5 Not y Public in and for the zao�"���., DEREK R BANIK State of Texas ?�'•PY pQ(g Notary Public,State of Texas Comm Expires02 2027 My commission expires ~12 w2 %'koF Notary ID 1318899012 0 nun` SECTION "I" AFFIDAVIT 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: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Custom Truck One Source 02/11/2025 Firm Name Date Senior Strategic Account Manager • ut or ize Sign a Title Brian McCormick 979-229-7187 Name (please print) Telephone bmccormick(a),customtruck.corn Email STATE: /X COUNTY: SUBSCRIBED AND SWORN to before me by the above named 13ntit M4Lorinick on this the t I I day of Feltary .20 25— ..►"'r'ii, DEREK R BANIK ` t``sef VIZ Notary Public,State of Texas N ary Publi . c ?:3,%, '�S Comm.Expires 02-12-2027 �'o'i :s� . Notary ID 13188990-0 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION "J" SB 252 CHAPTER 2252 CERTIFICATION SB 252 CHAPTER 2252 CERTIFICATION I, Brian McCormick ,the undersigned an representative of Custom Truck One Source (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Brian McCormick Name of Company Representative(Print) Signature of Company epresen ve 02/11/2025 Date SECTION "K" 1 CONFLIT OF INTEREST, CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO 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. Custom Truck One Source Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. None Name of Officer J Describe each employment or other business relationship with the local government officer;or a family member of the officer.as described by Section 176.003(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 CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes X 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. None J ElCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts J as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J 02/11/2025 re of vendor in_ ' ss with the g ental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11%30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with 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 govemmental 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: inVir (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (I) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Exceptions 1. Chassis and Cab-No Exceptions 2. Engine and Transmission-No Exceptions 3. Truck Body and Grapple Loader-No Exceptions 4. Axles, Suspension, and Brakes a.Axles: • Front axle: 20,000 lbs capacity • Rear axles: 46,000 lbs capacity b. Suspension: • Spring suspension, air ride cab mounts c. Brakes-No Exceptions 5. Tires and Wheels • Front Tires-425/65R22.5 with Aluminum Wheels • Rear Tires- 11 R24.5 with Aluminum Wheels 6. Hydraulic Systems-No Exceptions 7. Operator Features- a. Controls-No remote control b. Safety Systems: No Exceptions 8. Electrical System-No Exceptions 9. Compliance and Warranty a. Compliance-No exceptions a. Warranty: • 1-year/100,000 base warranty on chassis. 2-years/250,000-mile engine warranty. • 1-year warranty on grapple loader and hydraulics 10. 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Base engine warranty coverage*for Cummins X15 includes parts and labor on warrantable failures for both the engine and aftertreatment system—with no deductible.Cummins base warranty coverage is good for 2 years/250,000 miles(402,336 km). 'Covers defects in C..jmmins materials orfactory workmanship. WE'VE GOT YOUR BACK. Peace of mind comes from knowing that you've bought a quality product,and that the manufacturer will stand behind it.Cummins offers a wide variety of protection plans for X15 engines,tailored to meet the needs of specific applications and trade cycles.Extended coverage allows you to make financial projections with complete confidence,with protection plans for up to 7 years or up to 500,000 miles(804,672 km)on registered parts and labor.Cummins extended coverage plans are available covering internal components and major engine systems,including the turbocharger,water pump and fuel injectors,air compressor,fuel pump and select engine sensors.For details,contact your Cummins distributor or dealer. BEYOND SUPPORT. CUMMINS CARE. 1 800-CUMMINS`'(1-800-286-6467)goes beyond just being a new phone number for Cummins Care. It's your connection to a whole new level of support.One call,and you'll be quickly connected with a Cummins expert who has the specialized skill set,experience,technology and in-depth knowledge to deliver complete solutions while working with one of over 3,500 authorized parts and service locations . S CUMMINS _ t — Table 3. On-Highway Limited Warranty for Participating OEM New Products (cont'd) I I Effective Coverage I Mileage Vocations j Models Date Length Terms Limit Beverage 2100 HS 1/1/2004 3 Years 100% P&L Unlimited Dump 2100 RDS 1/1/2004 3 Years 100% P&L Unlimited Linehaul 12200 HS 1/1/2004 3 Years 100% P&L Unlimited Livestock Hauler 12200 RDS 1/1/2004 3 Years 100% P&L Unlimited Mixers 12350 HS 6/1/2006 3 Years 100% P&L Unlimited 1 Moving Van 2350 RDS 6/1/2006 3 Years 100% P&L Unlimited Municipal 2400 Series TM 1/1/99 3 Years 100% P&L Unlimited P&D 2500 HS 1/1/2004 3 Years 100% P&L Unlimited Recycling 12500 RDS 1/1/2004 3 Years 100% P&L Unlimited Refuse 2550 HS 6/1/2006 3 Years 100% P&L Unlimited Shorthaul/LTL 2550 RDS 6/1/2006 3 Years 100% P&L Unlimited Towing 3000 HS 1/1/2004 2 Years 100% P&L Unlimited I 3000 RDS 1/1/2004 2 Years 100% P&L Unlimited 4000 HS 1/1/2004 2 Years 100% P&L Unlimited 4000 RDS 1/1/2004 2 Years 100% P&L Unlimited 4500 HS 1/1/2004 2 Years 100% P&L Unlimited 4500 RDS 1/1/2004 2 Years 100% P&L Unlimited 4700 RDS 1/1/2004 2 Years 100% P&L Unlimited AT 1/1/96 3 Years 100% P&L Unlimited HD 9/1/93 2 Years 100% P&L Unlimited I HT 1/1/95 2 Years 1100% P&L Unlimited MD 9/1/91 2 Years 100% P&L Unlimited MT f 1/1/96 2 Years 100% P&L Unlimited AMBULANCE / EMERGENCY VEHICLE USE ONLY 1000 EVS 9/1/2002 5 Years 100% P&L Unlimited 2100 EVS 9/1/2002 5 Years 100% P&L Unlimited 2200 EVS 9/1/2002 5 Years 100% P&L Unlimited 2350 EVS 6/1/2006 5 Years 100% P&L Unlimited 2500 EVS 9/1/2002 5 Years 100% P&L Unlimited 2550 EVS 6/1/2006 5 Years 100% P&L Unlimited 3000 EVS 9/1/2002 5 Years 100% P&L Unlimited 3500 EVS 9/1/2002 5 Years 100% P&L Unlimited I 4000 EVS 9/1/2002 5 Years 100% P&L Unlimited On-Highway 4500 EVS 9/1/2002 5 Years 100% P&L Unlimited I Truck 14700 EVS 9/1/2002 5 Years 100% P&L Unlimited I ` 4800 EVS 9/1/2002 5 Years 100% P&L Unlimited Agriculture All Products 3 Years 100% P&L 2500 I Hours 7 PR No.24133 EXHIBIT D P.R. NO. 24081 12/8/2024 PDL /( PAGE 1 OF 4 RESOLUTION NO. �`7"1. I co A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING OBLIGATING FUNDING UNDER THE AMERICAN RESCUE PLAN ACT (ARPA) FOR THE ACQUISITION OF A SIDE-LOAD RESIDENTIAL GARBAGE TRUCK AND GRAPPLE TRASH TRUCK IN ACCORDANCE WITH ARPA GUIDELINES IN AN AMOUNT NOT TO EXCEED $1,000,000.00; FUNDING AVAILABLE IN THE ARPA PROGRAM ACCOUNT: 169-00-000-4510-00-00-000 ($852,332.00) AND ARPA INTEREST ACCOUNT: 169-00-000-4610-00- 00-000 ($147,668.00). WHEREAS, the City of Port Arthur recognizes the importance of maintaining efficient and reliable solid waste services to meet the needs of its residents and ensure public health and environmental safety; and WHEREAS, the American Rescue Plan Act (ARPA) provides funding to local governments to address the public health and economic impacts of the COVID-19 pandemic, including investments in infrastructure and essential services: and WHEREAS, the City has identified the need to purchase a new automatic side- load residential garbage truck and grapple trash truck to enhance its waste management operations and address current service challenges; and WHEREAS, ARPA funding in a not-to-exceed amount of $1,000,000.00 has been identified and will be allocated for this purpose and is available in the ARPA Program Account: 169-00-000-4510-00-00-000 in the amount of $852,332.00, and ARPA Interest Account: 169-00-000-4610-00-00-000 in the amount of $147,668.00; and WHEREAS, the City Council finds it in the best interest of the City of Port Arthur and its residents to authorize the City Manager to execute a Memorandum of Understanding (MOU) for the acceptance and administration of the aforementioned funds. P.R. NO. 24081 12/8/2024 PDT PAGE 2 OF 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: That, the City Council hereby authorizes the City Manager to execute a Memorandum of Understanding (MOU)for the purchase of solid waste equipment utilizing ARPA funding in an amount not to exceed $1,000,000.00 and is available in the ARPA Program Account: 169-00-000-4510-00-00-000 in the amount of $852,332.00, and ARPA Interest Account: 169-00-000-4610-00-00-000 in the amount of $147,668.00. That, the funds for this project shall be expended from the ARPA Program Account and will be allocated for this purpose. That, this resolution shall become effective immediately upon its passage. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this J -i� day of December,A.D. 2024, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: a8 allk--C,J 17 tin, . n 1 ),e.`k Council fp\embers. ar/i-L I v1-% 5/4 11- I ,kj 0-Lt.Ce ) Noes: )(ON 9- Thurma ill B ie, Mayor P.R. NO.24081 12/8/2024 PDL PAGE 3 OF 4 ATTEST: Sherri,-Berliard, TRMC, City Secretary APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED F DMINISTRATION: Ronald "Ron" rto , CPM, City Manager o ell oberts, Meng, MBA, CPM, Direc or f Publid Vllbrks P.R. NO. 24081 12/8/2024 PDL PAGE 4 OF 4 MEMORANDUM OF UNDERSTANDING Between City of Port Arthur City Manager, Executive and Public Works, Department This Memorandum of Understanding ("MOU") is entered into by and between the [Executive] ("City of Port Arthur City Manager) and the [Department] ("Department of Public Works"), hereinafter the Parties. In consideration of those mutual undertakings, the Parties agree as follows: WHEREAS. the City of Port Arthur is designated to accept and administer funds from the federal American Rescue Plan Act ("ARPA"), sections 602 and 603 of the Social Security Act as added by section 9901 of the American Rescue Plan Act of 2021 (the "Act"), Pub. L. No. 117-2 (Mar. 11, 2021): and WHEREAS, the City of Port Arthur City Council, in accordance with their powers, appropriated ARPA funds for specific programs and purposes: and WHEREAS, the City Manager has the duty to supervise, direct, and control the administration of all departments, offices, and functions of the City of Port Arthur. a municipal government; and WHEREAS, the City of Port Arthur Public Works Department executes the expenditure of duly appropriated funds under the direction of the City Manager; and WHEREAS, the Parties desire to enter into this MOU to memorialize their understanding of the work to be performed. NOW, THEREFORE, the Parties agree to the terms and conditions set forth below: I. Purpose The purpose of this MOU is to memorialize an agreement to obligate the ARPA State and Local Fiscal Recovery Funds ('`Funds'") for those purposes set forth below. II. Conditions and Scope The City Council appropriated funds and the City Manager agrees to expend the Funds to perform the "Scope of Work," as set forth in Attachments A & B. III. Amount The City Manager agrees to obligate the Funds in an amount not exceeding $1.000,000.00 to complete the "Scope of Work," as set forth in Attachments A & B, and the Public Works Department agrees to expend the Funds in such amount. IV. Term The MOU shall be effective from the date executed below and shall expire on January 1, 2027. V. Binding Effect The MOU shall be binding upon the Parties hereto and upon any respective successors and assignees of the Parties. VI. Obligation of the Parties The Parties agree to the following obligations under this MOU: a. The City Council appropriated funds for the Capital Projects Programs, which includes funds for the '`Scope of Work," set forth in Attachments A & B. b. The City Manager directs the Public Works Department to ensure the work is completed and the funds are expended by December 31, 2026. c. The Public Works Department shall expend the Funds in an amount not to exceed the amount set forth in Paragraph Ill to pay for the cost of the Scope of Work. d. The Public Works Department shall follow federal, state, and local procurement and expenditure requirements as required by ARPA, inclusive of 2 CFR, 200 et al. e. The Public Works Department and Purchasing Director shall ensure a complete procurement file for each contract necessary to perform the Scope of Work is retained. f. Notwithstanding reasonable and necessary modifications in quantities, method, and approach, the Scope of Work in Attachments A & B shall not be modified in its scope, focus, intent, purpose, and location. VII. Applicable Law This MOU shall be governed by and construed in accordance with the laws of the State of Texas and the Ordinances of the City of Port Arthur. Executed this day of December 2024. CITY OF PORT ARTHUR, TEXAS, A Texas home-rule municipality. By. Ronald "Ron" Burton, CPM, City Manager By: Flozelle Roberts, EIT, Meng, MBA, CPM, Director of Public Works Associated Resolution No. 24- : Executed this day of December 2024 I ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Roxann Cotroneo, City Attorney Attachment "A" DESIGN SPECIFICATIONS: Equipment Acquisition — Automatic Side-Load Garbage Truck (Solid Waste Division) DESIGN SPECIFICATIONS Automatic Side Load (ASL) Garbage Truck General Description: The automated side loader garbage truck shall be a robust, aluminum-cab vehicle designed for efficient hauling of refuse, recyclable materials, and other waste on highways and off-road conditions. It must also be capable of roll-on/roll-off container movements and the transportation of waste from transfer stations to disposal sites, including municipal landfills. The truck shall be equipped with a lift mechanism for wheeled waste containers, a tilting truck body for load removal, and functionality to be operated by a single operator. The project is divided into two phases: Specifications: 1. Chassis and Cab a. Chassis Type: Heavy-duty chassis suitable for on/off-highway operations. b. Cab Design: • Aluminum cab construction for durability and corrosion resistance. • Bulkhead-style doors for improved operator access and safety. • Ergonomically designed interior with adjustable seating, climate control, and noise reduction features. c. Single Operator Control: Equipped with intuitive controls for ease of operation from within the cab. 2. Engine and Transmission a. Engine: • Diesel-powered, meeting EPA emissions standards. • Minimum 350 horsepower and 1 ,200 lb-ft torque. • Engine braking system for enhanced control during deceleration. b. Transmission: • Automatic transmission, Allison 4500RDS or equivalent. • PTO (Power Take-Off) provisions to power the lifting mechanism and other hydraulics. 3. Body and Lifting Mechanism a. Truck Body: • Capacity: Minimum 28 cubic yards. • Constructed from high-strength, corrosion-resistant materials. • Equipped with an automated tilting mechanism for load discharge. • Roll-on/roll-off compatibility for container movements. b. Automated Side Loader Arm: • Capable of lifting wheeled waste containers up to 96 gallons. • Minimum lifting capacity of 800 lbs. • Arm reach of at least 8 feet with smooth, precise hydraulic operation. • Controlled via joystick or equivalent system from the cab. c. Safety Features: • Sensors and cameras for monitoring the lift operation. • Emergency stop button accessible to the operator. 4. Axles, Suspension, and Brakes a. Axles: • Front axle: Minimum 20.000 lbs capacity. • Rear axle: Minimum 46,000 lbs capacity. b. Suspension: • Air ride suspension system for improved ride comfort and stability. c. Brakes: • Full air braking system with ABS. • Parking brake with dash-mounted controls. 5. Tires and Wheels a. Tires: • All-terrain tires suitable for highway and landfill conditions. • Front and rear tires rated for heavy loads. b. Wheels: • Aluminum or steel wheels, 22.5 inches. 6. Electrical and Hydraulic Systems a. Electrical System: • 12-volt system with high-capacity alternator and batteries. • LED exterior lighting, including work lights for nighttime operation. b. Hydraulics: • Heavy-duty hydraulic pump and reservoir system. • High-pressure hoses with protective sheathing. 7. Operator Features a. Controls: • Centralized joystick or button controls for all loading and dumping functions. • In-cab display for monitoring arm position and load levels. b. Safety Systems: • Rear and side-view cameras with in-cab display. • Audible alarms for reversing and operational warnings. 8. Compliance and Warranty a. Compliance: Truck must meet or exceed DOT, OSHA, and EPA regulations. b. Warranty: • Minimum 3 years/100,000 miles on the chassis and engine. • 1-year warranty on hydraulics and lifting mechanism. 9. Comparable Models The proposed vehicle must be comparable to or exceed the specifications of the following models: • Peterbilt 520 Automated Side Loader (ASL) • Mack Terrapro LR64R 10.Optional Add-Ons • GPS fleet tracking system. • Extended arm reach beyond 8 feet for additional accessibility. • Spill-resistant hopper design. Attachment "B" DESIGN SPECIFICATIONS: Equipment Acquisition - Grapple Trash Truck (Solid Waste Division) DESIGN SPECIFICATIONS Grapple Trash Truck General Description: The grapple trash truck shall be a robust, versatile vehicle designed to efficiently haul household trash and other materials. It must operate effectively on highways and off-road conditions and be capable of roll-on/roll-off container movements. The truck will be used for the transportation of trash from transfer stations to disposal sites, including municipal landfills. The truck must include a hydraulically operated grapple loader to load bulky materials and other refuse directly into the body. Specifications 1. Chassis and Cab a. Chassis Type: Heavy-duty chassis suitable for on/off-highway operations. b. Cab Design: a. Conventional cab style with reinforced steel or aluminum construction. b. Ergonomically designed interior with adjustable seating, climate control, and sound insulation. c. Equipped with easy-access steps and grab handles. c. Operator Accessibility: Controls for all grapple and truck functions must be operable from within the cab and via a remote or external control station. 2. Engine and Transmission a. Engine: • Diesel-powered engine meeting EPA emissions standards. • Minimum 300 horsepower and 860 lb-ft torque. • Equipped with a heavy-duty cooling system and engine braking system for prolonged use. b. Transmission: a. Automatic transmission, Allison 3000RDS or equivalent. b. PTO (Power Take-Off) capability to power the grapple loader. 3. Truck Body and Grapple Loader a. Truck Body: • Capacity: Minimum 20 cubic yards. • Constructed from high-strength, corrosion-resistant steel or aluminum. • Dumping system: Hydraulically tilting body for efficient unloading. • Roll-on/roll-off container compatibility for flexible use. b. Grapple Loader: • Hydraulic grapple with a minimum lifting capacity of 3,500 lbs. • Reach a Minimum of 20 feet from the truck body. • 360-degree rotation for precise material handling. • Designed for lifting bulky materials such as furniture, tree limbs, and construction debris. c. Safety Features: • Stabilizers or outriggers to ensure stability during grapple operation. • Safety interlocks to prevent unintended movements. 4, Axles, Suspension, and Brakes a. Axles: • Front axle: Minimum 10,000 lbs capacity. • Rear axle: Minimum 22,000 lbs capacity. b. Suspension: • Heavy-duty air ride suspension system for improved ride comfort and stability. • c. Brakes: • Full air braking system with ABS. • Parking brake with cab-mounted controls. 5. Tires and Wheels a. Tires: • All-terrain tires suitable for highway, off-road, and landfill conditions. • Front and rear tires rated for heavy loads. c. Wheels: • Aluminum or steel wheels, 22.5 inches. 6. Hydraulic Systems c. Hydraulics: • Heavy-duty hydraulic pump with high flow capacity to operate the grapple loader. • Hoses and fittings rated for high pressure, with protective sheathing. 7. Operator Features a. Controls: • Centralized joystick or button controls for all loading and dumping functions. • Optional remote control for external operation of the grapple loader. b. Safety Systems: • Rear and side-view cameras with in-cab monitor. • Audible alarms for reversing and operational warnings. 8. Electrical System a. Electrical System • 12-volt system with a high-capacity alternator and battery system. • LED work lights for nighttime operation and enhanced visibility. 9. Compliance and Warranty a. Compliance: Truck must meet or exceed DOT, OSHA, and EPA regulations. a. Warranty: • Minimum 3 years/100,000 miles on the chassis and engine. • 1-year warranty on grapple loader and hydraulics. 10.Comparable Models The proposed vehicle must be comparable to or exceed the specifications of the following models: • Mack MD7 Grapple Truck • Freightliner M2 Grapple Truck 11.Optional Add-Ons • GPS fleet tracking system. • Automated tarp system for securing loads. • Enhanced cab lighting and additional exterior LED floodlights. I