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PR 24240: JANITORIAL SERVICES AT PORT ARTHUR TRANSIT FACILITIES
City of Port Arthur Transit Department Memorandum To: Ron Burton,City Manager From: Ivan Mitchell,Transit Director Cc: Crary Nellison,Administrative Support Supervisor Date: March 24,2025 Re: P.R.24240—Janitorial Services at Port Arthur Transit Facilities Nature of Request: Authorize the City Manager to execute a contract with Leaders of Monumental Services LLC Port Arthur,Texas for janitorial services at Port Arthur Transit's(PAT)facilities in the amount not to exceed$29,400.00. Background: It is imperative for PAT to maintain clean and sanitary facilities for employees and citizens of the City of Port Arthur. Leaders of Monumental Services LLC Services,will provide the janitorial services needed to maintain clean and sanitary facilities for PAT. PAT received six(6)bids that met their specifications regarding janitorial services. The lowest bidder was Leaders of Monumental Services LLC of Port Arthur Texas. Accordingly,PAT recommends the lowest responsible bidder be awarded the contract for janitorial services at its facilities. Recommendation: It is recommended that the City Council approve P.R. 24240 for the janitorial services at PAT's facilities in an annual amount not to exceed$29,400.00. Budgetary/Fiscal Effect: Funding available in Other Contractual Services Account 401-70-500- 5470-00-60-000. P.R.No.24240 3/2/2025 CN RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE (1) YEAR CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND LEADERS OF MONUMENTAL SERVICES LLC OF PORT ARTHUR, TEXAS FOR JANITORIAL SERVICES AT PORT ARTHUR TRANSIT FACILITIES IN AN ANNUAL AMOUNT NOT TO EXCEED $29,400.00. FUNDS AVAILABLE IN TRANSIT'S OTHER CONTRACTUAL SERVICES ACCOUNT 401-70-500-5470-00-60-000. WHEREAS,there is a need to obtain janitorial service for the Transit Division facilities; and, WHEREAS, attached as Exhibit"A"are the advertisement for bids and specifications that were advertised and/or emailed to various vendors, with six (6)bids received as delineated in the bid tabulation attached as Exhibit"B"; and, WHEREAS, Leaders of Monumental Services LLC of Port Arthur, Texas was the lowest and most responsive bid in an annual amount not to exceed$29,400.00 for a one(1)year contract with an option to renew for two additional one-year periods; and, WHEREAS, PAT is recommending that the City of Port Arthur by its City Manager award the contract to Leaders of Monumental Services LLC,the lowest responsible bidder as delineated in Exhibit"B". NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT,the facts and opinions in the preamble are true and correct. THAT,the City Manager is hereby authorized and directed to execute on behalf of the City of Port Arthur a one-year contract, with the option to renew for two (2) additional one-year periods, with Leaders of Monumental Services LLC of Port Arthur, Texas for janitorial services for the Transit Division facilities in the annual not to exceed amount of$ 29,400.00, in substantially the same form as attached hereto as Exhibit"C". THAT, a copy of the caption of this Resolution is spread upon the Minutes of the City Council. READ,ADOPTED AND APPROVED,this day of May , A.D., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: P.R.24240 3/2/2025 CN AYES: Mayor: Councilmembers: NOES: Thurman"Bill"Bartie, Mayor ATTEST: Sherri Bellard,City Secretary APPROVED Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: APPROVED AS TO AVAILABILITY OF FUNDS: ‘ritt‘ Ronald Burto Lyndi Boswell City M. _ -r, CPM Director of Finance Clifton Williams,CPPB Ivan Mitc Purchasing Manger Transit Director Exhibit "A" CITY OF PORT ARTHUR Request for Bids Janitorial Services for Transit February 12, 2025 February 19, 2025 PUBLIC NOTICE CITY OF PORT ARTHUR.TEXAS ADVERTISEMENT FOR BIDS 3tice is hereby given that sealed bids,addressed to the City of Port Arthur,will be received at the ffice of the City Secretary:City Hall 444 4th Street or P.O.Box 1089,Port Arthur.Texas 77641 no ter than 3:00 p.m.,Wednesday,March 5,2025 and all bids received will thereafter be opened and ad aloud at 3:15 P.M.,on Wednesday,March 5,2025 in the City Council Chambers, 5th Floor. ity Hall,Port Arthur.Texas for certain sereices briefly described as: JANITORIAL SERVICES FOR TRANSIT its received after the deadline stated above,regardless of method of delivery,will not be considered -id returned unopened. opies of the Specifications and other Contract Documents are on file in the Purchasing Office,444 th Street. City of Port Arthur,and are open for public inspector)without charge.They can also be trieved from the City's website at wwwportarthurtx.gov/bids.aspx or www.publicpurchase.com. ION-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY.FEBRUARY 20,2025 T 2:00 P.M.AT TRANSIT FACILITY,344 PROCTOR STREET,PORT ARTHUR.TEXAS HE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND 0 WAIVE FORMALITIES. 'er Chapter 2 Article VI Sec.2-262(C)of the City's Code of Ordinance,the City Council shall not ward a contract to a company that is in arrears in its obligations to the City. PUBLIC NOTICE ICY OF PORT ARTHUR,TEXAS 113V E RTI SE ME NT FOR BIDS Clifton Witliams Purchasing Manager Dids,addressed to the City of Port Arthur,will be received at the —„,—„. „,e v•ty f. . .11I 444 4th Street or P.O.Box 1089.Port Arthur,Texas 77641 no later than 3:00 p.m.,Wednesday,March 5,2025 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, March 5, 2025 in the City Council Chambers. 5th Floor. City Hall.Port Arthur.Texas for certain services briefly described as: JANITORIAL SERVICES FOR TRANSIT 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.portarturtx.govitaids.aspx or www.publicourchase.com. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY,FEBRUARY 20,2025 AT 2:00 P.M.AT TRANSIT FACILITY,344 PROCTOR STREET,PORT ARTHUR,TEXAS THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY ANDIOR ALL BIDS AND TO WAIVE FORMALITIES. 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. A Clifton iiiitlems Purchasing Manager Exhibit " B" -- -- .1 E = \ 2 / / / \ r0 / 2 O r , E ! — , - ■ - A ; . E \ \ E \ & \ & \ ` . . \� } » § E7t ¢ E > E g ; : # � 7 \ � 7 � ��^ w 2eE ; � g C § § f £ f 2 C 3,2 z I z n C } . . Q c O 2 t e = ƒ 2 © -ct) j / '6 f \ \ - A AD / \ r / C -• nt \ 2 j f e % % \ � / ® « e t k \ \ \ § \ Ode_ r., n 722 = o co - - 33 = eq � zE - \ R � � \� � e A = ) � ( \ v) = © Qc \ \ \ j u, \ "' - -i 2 e @ \ 0 - \ @ / \ k % ; ; 0. 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O O O C r n I Exhibit "C" CONTRACT Janitorial Service for Transit a Coy _01 urt rthu _ CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS p THURMAN BILL BARTIE,MAYOR • :' RONALD BURTON,CPM DONEANE BECKCOM, energ CITY MANAGER MAYOR PRO TEM City of ^ SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD rr r t r t{t u '— ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. FEBRUARY 19, 2025 INVITATION TO BID JANITORIAL SERVICES FOR TRANSIT BUILDING DEADLINE: Sealed Bid submittal must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday, March 5, 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, March 5, 2025 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P25-028 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,Purchasing Manager P.O. Box 1089 Port Arthur,TX 77641 cifton.williams(aportarthurtx.gov 1 of 34 The enclosed INVITATION TO BID (ITB) and accompanying GENERAL INSTRUCTIONS, CONDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed referenced services for the City of Port Arthur. Bids must be signed by a person having authority to bind the firm in a contract. Bids shall be placed in a sealed envelope,with the Vendor's name and address in the upper left-hand corner of the envelope. ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed ITB submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted ITB submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager TABLE OF CONTENTS A. CONSTRUCTION CONTRACT AGREEMENT B. ADVERTISEMENT FOR BIDS C. INFORMATION TO BIDDERS D. BID SHEET E. NOTICE OF AWARD F. NOTICE TO PROCEED G. INSURANCE H. SPECIFICATIONS I. HOUSE BILL 89 VERIFICATION J. NON-COLLUSION AFFIDAVIT K. AFFIDAVIT L. SB 252 CHAPTER 2252 CERTIFICATION M. FEDERAL CLAUSES N. CONFLICT OF INTEREST O. ADDENDUM(S) SECTION A CONSTRUCTION CONTRACT AGREEMENT pp.fNowitiwiiirw NOTICCONTRACT FOR JANITORIAL SERVICES FOR TRANSIT BUILDING THIS AGREEMENT, made this day of May 2025,by and between the City of Port Arthur,a municipal corporation organized under the laws of the State of Texas, and Leaders of Monumental Service,LLC a(n)Corporation herein after called "CONTRACTOR". WITNESSETH: That for and in consideration of the payment terms, conditions and agreements set forth herein, OWNER and CONTRACTOR agree as follows: 1. The term of this Contract shall 365 days after the start date on Notice to Proceed with the option to renew for two additional one-year periods. 2. During the term of this Contract, the Contractor will furnish at his own expense all of the materials, supplies, tools, equipment, labor and other services necessary to connection therewith, excepting those supplies specifically not required of Contractor in the Specifications. 3. The CONTRACTOR agrees to perform all the work described in the specifications and contract documents and to comply with the terms in the revised total amount of$29,400.00. 4. The term "Contract Documents" means and includes the following: A. Agreement B. Advertisement for Bid C. Information to Bidders D. Bid Sheet E. Notice of Award F. Notice to Proceed G. Insurance H. Specifications I. House Bill 89 Verification J. Non-Collusion Affidavit K. Affidavit L. SB 252 Chapter 22 Certification M. Federal Clauses N. Conflict of Interest O. Addendum(s) 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. 6. IN WITNESS WHEREOF,the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in(2 copies) each of which shall be deemed an original on the date first written above. Signed on the day of ,2025 ATTEST CITY OF PORT ARTHUR BY CITY SECRETARY CITY MANAGER Signed on the day of , 2025 ATTEST LEADERS OF MONUMENTAL SERVICE,LLC BY CITY SECRETARY PRINT NAME: TITLE: SECTION B ADVERTISEMENT FOR BIDS CITY OF PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS 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, March 5, 2025 and all bids received will thereafter be opened and read aloud at 3:15 P.M., on Wednesday, March 5, 2025 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for certain services briefly described as: JANITORIAL SERVICES FOR TRANSIT 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. NON-MANDATORY PRE-BID MEETING IS SCHEDULED FOR THURSDAY, FEBRUARY 20, 2025 AT 2:00 P.M.AT TRANSIT FACILITY,344 PROCTOR STREET,PORT ARTHUR,TEXAS THE CITY OF PORT ARTHUR RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND TO WAIVE FORMALITIES. 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. ('4 n G( 4,1e,i,lrt. - Cli n Williams Purchasing Manager FIRST PUBLICATION: February 12,2025 SECOND PUBLICATION: February 19, 2025 SECTION C INFORMATION TO BIDDERS GENERAL INFORMATION: Proposers are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Bid"--For the purpose of this ITB, the terms "Bid" and `Bid" shall be equivalent. AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all bids. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF BID: The proposer may withdraw its bid by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new bid prior to the deadline. Modification or withdrawal of the bid in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this ITB, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB will be made by addenda no later than 48 hours prior to the date and time fixed for submission of bids. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively,beginning with 1. PRICES: The bidder should show in the bid both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the bid shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. with all applicable laws, ordinances, COMPLIANCE WITH LAWS: The Contractor shall complyrules, pp 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. 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 Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury$1,000,000 single limit per occurrence or$1,000,000 each person/$1,000,000 per occurrence; and, b. Property Damage$1,000,000 per occurrence regardless of contract amount; and, c. Professional Liability: $1,000,000. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with the City of Port Arthur not more than ten(10) days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF BIDS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of ITB information. Bid Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing, that the Bid Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. BID EVALUATION AND CONTRACT AWARD: Bid Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed bids, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all bids to determine which offerors are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the submitted bids for this project. The City may, at its option, conduct discussions with or accept bid revisions from any reasonably qualified proposer. Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Bid brought forth by the City of Port Arthur shall be grounds for disqualification.Vendors shall not contact any City of Port Arthur personnel during the bid process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Bid Document as a result of omission, error, lack of clarity or non- compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this ITB. WAGES & SALARIES: Attention is particularly called to the requirement of not paying less than the prevailing Davis Bacon Related Acts (DBRA) wage rates specified in the Contract Documents. These rates are minimums to be paid during the life of the contract. It is therefore the responsibility of the Bidder to inform themselves as to local labor conditions. Attention is called to the requirement that employees and applicants for employment are not discriminated against because of race, color, religion, sex, age or national origin. CHANGE ORDER a) The Contracting Officer may at any time, and without notice to the sureties, if any, by a written order, make changes within the general scope of this contract in any one or more of the following: (is)drawings, designs, or specifications; (ii) extending term of contract; and (iii) equitable adjustment in price/time of performance. If any such change causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether changed or not changed by the order, an equitable adjustment shall be made in the contract price or delivery schedule,or both, and the contract shall be modified in writing accordingly. ) Any notice of intent to assert a claim for adjustment under this clause must be asserted by the Contractor within 30 days from the date of receipt of the Contracting Officer's written order; provided, however, that later notice shall not bar the Contractor's claim if the Contractor can de onstrate that PA as not re udiced the dela in notification. In no e ent shall an clai e asserted after final a ent. SECTION D BID SHEET CITY OF PORT ARTHUR,TEXAS BID SHEET BID FOR: Janitorial Service for Transit BID DUE DATE: March 5,2025 DESCRIPTION UOM QUANTITY UNIT COST TOTAL COST Janitorial Service for Transit t� CO Admin Building MTH 12 $ $ \ki ci 0. Janitorial Service for Transit �? C -1 0 Terminal MTH 12 $ Q 0 $ 9411 �� Janitorial Service for Transit . Maintenance Building MTH 12 $ 6. Y u . $ 8, I (DC r Veac\e;s vs ING,ILLETialitti SAmco LI-C. :3U A-3t-511`c'jtr, , COMPANY NAME STREET ADDRESS 1 , IQ CL-It1 SIGNA ` F BIDD P.O.BOX '\-\(. _ A),14k ‘Q.11-1L.L1 11/-. Orlu(-10 PRINT OR TYPE NAME STATE ZIP Q.V:0 1 %.1 0;11_ 4N-A59-19)U TITLE AREA CODE TELEPHONE NO \c'C3. (R:i9A e.) ,‘N ',cL EMAIL FAX NO. 10 SECTION E NOTICE OF AWARD SECTION F NOTICE TO PROCEED SECTION G INSURANCE Acc•RE,g CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD SECTION H TECHNICAL SPECIFICATIONS SPECIFICATIONS FOR THE TRANSIT DEPARTMENT SERVICES CENTERS AND TRANSIT TERMINAL SCOPE OF SERVICES: To set forth the requirements and conditions for performing Janitorial/Cleaning services for locations listed below. The bidder shall perform the required services in all areas and shall be qualified to furnish a complete and efficient custodial service, including all labor, supervision, and supply of all paper products, such as toilet paper and paper towels for all facility restrooms. Cleaning materials disinfected solution and cleaning equipment such as mop buckets, replacement mops, wet floor signs, brooms, squeegees, etc. The successful bidder(s) shall be prepared to perform each task as stated according to the work schedule. Janitorial Services shall be provided (6)nights weekly, Monday through Saturday. ALL regular scheduled NIGHT cleaning listed below MUST be done during the hours of 5:45 P.M. - 8:00 P.M. Starting in the Transit Service Center,then the Terminal and the Administrative building last due to high traffic until 7:30 P.M. Keys and an access card will be given for entrance to the building. CONTRACT PERIOD: The term of this contract shall be a one-year contract with an option to renew two additional one-year period. This contract is federally funded through the Federal Transit Administration. AREAS TO BE CLEANED: Administration Building 344 Procter Street- Approximately 4353sq ft,Transit Terminal, 300 Procter-Approximately 3,000 sq ft,Transit Service Center, 324 4t Street-Approximately 14,000 sq ft. EMPLOYEES: The supervisors' and employees' names, telephone numbers, and cell phone numbers, if applicable, must be submitted before the contract begins. The contractor shall supply sufficient employees to maintain the buildings as required in these specifications. Personnel performing work under this contract shall be direct employees of the Contractor. The Contractor must ensure that all personnel assigned to this work site have at least one year's experience in the janitorial services industry, either with the contractor or another company. Should the maintenance of the building deteriorate, the Contractor will be notified in writing, and the Contractor shall take steps to correct all problems. If the situation has not improved after a reasonable length of time,the Contractor shall be in violation of the contract and appropriate action shall be taken to rescind the contract. The City of Port Arthur shall have the right to require the dismissal from the premises covered by the contract any employee(s) whose conduct is improper, inappropriate, or offensive as determined by the City of Port Arthur. Any employee so dismissed from working on this contract shall not be allowed to return to the premises without the written consent of the City. Personnel not employed by the Contractor(including minors not used by the contractor) shall not be permitted on the work premises. Page lof 7 INSPECTIONS: The quality of the janitorial services performed under this contract shall be observed. Unscheduled job-site inspections will be performed by the City Representative. Any deficiencies or unsatisfactory performance shall be noted,and corrective action by the Contractor will be required. Continued failure to abide by the City's specifications will be grounds for termination of the contract. A minimum of one(1)monthly daylight inspection will be made by the City Representative and Contractor's representative. REFERENCES/EXPERIENCE: Each Bidder shall submit a list, with their bid,of commercial references for their performance of similar janitorial services. Preferred references are those of similar size and scope of work performed within the past twelve months. Please include the name, address, and telephone number of the business,along with the name and title of the person to contact. Bidder shall have a minimum of five (5)years of documented janitorial service experience. The Contractor is responsible for instructing his/her employees on appropriate safety measures, including but not limited to the safe use of all chemicals,materials and supplies used to perform these services. Walkways and halls shall be kept free of unattended mops,brooms, machines and other tools. "Wet floor" signs shall be displayed in areas where wet or damp mopped. Signs shall be removed and stored after the floors have dried. Wet floor signs are proved by the contractor. The contractor shall accompany a Designated City Employee on a tour throughout the areas to receive this janitorial service and establish and mutually agree upon the condition of surfaces, fixtures, furnishings,and other City and personal property before starting work on this contract. Surfaces, fixtures, or furnishings subsequently damaged by the contractor's employees shall be replaced or repaired to their original condition at no cost to the City. The contractor shall obtain and maintain all insurance required by the City of Port Arthur in effect throughout the duration of this contract. SECURITY NOTE: The Bidder will secure all entrances and disarm and rearm the Building's Electronic Security/Fire Alarm System. QUALITY ASSURANCE: Transit Management will complete a monthly Janitorial Services compliance checklist requiring the contractor to meet the specifications described. CLEANING SERVICES NOT REQUIRED BY BIDDERS: The Bidder will not be required to clean or maintain any of the maintenance storage office, which is located within the building's garage area. Admittance to the maintenance storage office is restricted. Page 2 of 7 The Bidder will not be required to wash dishes. SEMI-ANNUALLY STRIP AND WAX TREMINAL BUILDING. Every six months contractor will schedule a time to Strip, reseal, and wax all tile floors for all transit facilities.All offices,restrooms and upstairs in the administrative building.Buffing machine preferably with a 1300 rpm high speed buffer. The contractor will also schedule the carpet to shampoo every six months. Supplies Required Contractor shall furnish all materials, supplies and equipment including, but not limited to, paper towels, toilet tissue, wet floor sign, deodorant blocks, bowl cleaner, wax remover and wax, dust mops, damp mops, brooms, buffer, vacuum cleaners, cloths, and anything else pertaining to cleaning as well as plastic liners for trash wastebasket containers. PRODUCT RESTRICTIONS: ENDUST is not to be used at any time for any reason in the Transit Service Center and Transit Terminal—NO EXCEPTIONS. No harsh cleaners shall be used on wallpaper or vinyl walls. Do not use furniture polish on any metal surface. PRODUCT REQUIREMENTS: The Contractor shall furnish all materials Buffmg Spray concentrated film-forming restorer for Ultra high-speed maintenance Simply Green to clean restrooms and wipe walls in restrooms. PRODUCT REQUIREMENTS FOR CERAMIC TILE CARE MAINTENANCE: A general-purpose cleaner. Buckeye Cyrene Polishing Compound or approved(or equal). Excel Floor Finish or approved equal. NOTE: THE BURDEN OF PROOF PERTAINING TO EQUAL PRODUCT QUALITY OF REQUESTED MATERIALS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. The following definitions of terms shall be used in evaluating Janitorial services: Dusting - A properly dusted surface shall be free of all dirt and dust, dust streaks, lint, and cobwebs. Dusting shall be completed before vacuuming, sweeping/dust mopping. Sweeping/dust mopping - A properly swept daily or dust mopped floor shall be free of all dirt, grit, lint and debris. Vacuuming-A properly vacuumed carpet or floor shall be free of all dirt,dust,grit,lint and debris. All spots or stains shall be removed by the spot cleaning methods. The machine used to vacuum shall have adequate suction to lift dirt, grit and debris from the base of the carpet nap(3.5.amps or greater). All stains shall be removed immediately with an approved carpet cleaning solution in such a manner as to not leave rings or discoloration. Page 3 of 7 Wet mopping- A properly wet mopped floor shall be free of all dirt, dust, grit, and debris. Fresh water, to which odorless detergent or cleaning agent has been added, shall be used with a sponge- type mop to removes all dirt and marks. Most of the water shall be squeezed from the mop prior to its application to the floor surface,to prevent free-flowing water from being applied to the floor. Damp mopping - A properly damp mopped floor shall be free of all dirt, dust, grit, marks and debris. Fresh water,to which an odorless detergent or cleaning agent has been added,shall be used with a sponge-type mop to remove all dirt and marks. Most water shall be squeezed from the mop prior to its application to the floor surface,to prevent free-flowing water from being applied to the floor. Glass cleaning-A properly cleaned glass/mirror surface shall be free of streaks dust film,deposits, debris, and stains shall have a uniformly bright appearance. All adjacent surfaces shall be wiped clean. Glass windows,doors and walls shall be cleaned both sides. Floor waxing, buffing- A properly waxed and /or buffed floor shall be free of dirt, dust marks, streaks, debris, built —up wax, and standing waters, and shall have a uniformly bright, lustrous appearance Sinks water fountain cleaning— these fixtures and their hardware, when properly cleaned, shall be free of all deposits, stains, streaks, film, and debris and shall be dry polished to a uniformly bright appearance. Plumbing- fixture, restroom stall, wall, floor cleaning- these restroom surface, when properly cleaned, shall be free of all deposits, stains, streaks, film, odor, debris, and germs. CONTRACTOR SHALL PERFORM THE FOLLOWING SPECIFIC ITEMS OF WORK UNDER THIS CONTRACT: (Transit Manager may request additional cleaning if needed) DAILY SERVICES`SIX(6) TIMES PER WEEK(MONDAY THROUGH SATURDAY): ADMINISTRATIVE OFFICE, CONFERENCE AND DRIVER'S ROOM: All floor surfaces will be swept daily and/or vacuum all title floors. All scuff marks will be cleaned. Clean all furniture to include desks,tables,chairs,file cabinets,bookshelves and telephones taking care not to disturb papers left on desks. Clean and wash all Formica counter tops thoroughly. Clean and polish daily(with stainless steel cleaner/non-abrasive cleaner)the rear office utility sink and faucet fixture. Clean doors, door frames,and Formica counter tops with a non—abrasive disinfected cleaner. All wall switches and area around the wall switches will be kept clean and free of spots, smudges and foreign. All trash receptacles will be emptied, disinfected and lined. Provide/replace trash can liners as required.Trash can liners shall be placed and replaced weekly at a minimum,or when they become stained, soiled or torn. Dispose of trash in outside dumpster provided by the City. Pick up any trash on floors. Page 4 of 7 Damp mop with a CLEAN mop all floors as needed, special attention to the floor area next to walls, file cabinets, bookcases, etc. RESTROOMS AND SHOWERS: Restrooms/Shower floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting cleaner. Clean all mirrors. All restrooms/shower fixtures, including lavatory sinks, commodes, and urinals will be scoured and disinfected and kept free of scales at all times. All soap,towel, and tissue dispensers will be filled nightly. Clean doors, door frames,and Formica counter tops with a non—abrasive disinfected cleaner. Restroom wall and switches will be kept clean and free of spots, smudges and foreign. CONFERENCE ROOM: The conference room will be vacuumed three times a week and dusted as needed.The conference room carpet will be clean by shampooing every six months. MONTHLY SERVICES: Clean ledges and windowsills, and mini blinds in main offices. The supervisor will monitor work and see that it is done to specifications. A compliance checklist will be recorded by the supervisor monthly. SEMI-ANNUALLY STRIP AND WAX TREMINAL BUILDING. Every six months contractor will schedule a time to Strip, reseal, and wax all tile floors and shampoo the carpet in the conference room in the administrative building. Buff and wax the restrooms all offices and upstairs preferably with a 1300 rpm high speed buffer. TRANSIT TERMINAL DAILY SERVICES-LOBBY WAITING AREA (MONDAY THROUGH SATURDAY) All floor surfaces will be swept and Mopped with water& required portion of a general purpose cleaner on a daily basis, additional cleaning maybe requested by Transit Management. Restore Floors with Franklin Restore It or approved equal and buff with a 1300 rpm high speed buffer as required after cleaning. All scuff marks will be cleaned. Clean and disinfect all table tops, seats and their metal frame assemblies 'on a daily basis, additional cleaning maybe requested by Transit Management. Drinking fountains will be cleaned and disinfected and all exposed metal shall be polished and kept free of foreign matter. Clean, dry polish water fountains with a stainless steel cleaner/non- abrasive,odorless cleaner. Cleaning of the fountains should be done daily. Wipe clean walls,money changer facing,and trim,additional cleaning maybe requested by Transit Management. Page 5 of 7 All glass doors leading into lobby, lower front glass pane windows, and glass display case doors will be cleaned to remove smudges and fingerprints. Clean doors, door frames with a non—abrasive disinfected cleaner Drinking fountain will be cleaned and disinfected and all exposed metal shall be polished and kept free of foreign matter. Clean, dry polish water fountain with a non-abrasive,odorless cleaner. Empty and reline trash containers with new liners. RESTROOMS: All floor surfaces will be swept daily and mopped with water & required portion of a general- purpose cleaner daily,additional cleaning may be requested by Transit Management. Clean all mirrors. All soap,towel, and tissue dispensers will be filled nightly. All restroom fixtures, including lavatory sinks,commodes,and urinals will be scoured and always disinfected and kept free of scales. Clean doors, door frames, and Formica counter tops with a non—abrasive disinfected cleaner. Restroom wall and switches will be kept clean and free of spots, smudges and foreign. Clean daily main entrance doors and windows as needed or requested by Transit Management. INSIDE AND OUTSIDE TRASH RECEPTACLES(MONDAY THROUGH SATURDAY): Trash Receptacles are to be inspected and emptied daily. Change trash liners daily. Trash liners shall be placed and replaced weekly at a minimum, or when they become stained, soiled or torn. OUTSIDE CANOPY WALKWAY AND DRIVEWAY(MONDAY THROUGH SATURDAY): Pick up trash daily, sweep in front of entrance as needed, or as requested by Transit Management. MECHANICAL AND SUPPLY ROOMS(WEEKLY)AS NEEDED: Sweep Floors. Damp mop with a CLEAN mop and buff vinyl tile floor in Supply Room. Clean utility sink in Mechanical Room. Keep the shelving in the Supply Room neat& orderly. SEMI-ANNUALLY STRIP AND WAX TREMINAL BUILDING. Every six months contractor will schedule a time to Strip, reseal, and wax all tile floors in the Terminal building, restrooms all offices preferably with a 1300 rpm high speed buffer. Page 6 of 7 TRANSIT MAINTENACE SERVICE CENTER,RESTROOMAND BREAKROOM Bidders are required to fill all paper towel holders in the Transit Service Center which includes kitchen , restrooms, one paper towel holder outside above wash sink inside the garage. All floor surfaces will be swept daily and/or vacuumed all title floors. All scuff marks will be cleaned. Clean all furniture to include desks,tables,chairs,file cabinets,bookshelves and telephones taking care not to disturb papers left on desks. Clean and wash all Formica counter tops thoroughly. Clean and polish daily(with stainless steel cleaner/non-abrasive cleaner)the rear office utility sink and faucet fixture. Clean doors, door frames,and Formica counter tops with a non—abrasive disinfected cleaner. All wall switches and area around the wall switches will be kept clean and free of spots, smudges and foreign. All trash receptacles will be emptied, disinfected and lined. Provide/replace trash can liners as required.Trash can liners shall be placed and replaced weekly at a minimum,or when they become stained, soiled or torn. Dispose of trash in outside dumpster provided by the City. Pick up any trash on floors. Damp mop with a CLEAN mop all floors as needed, special attention to the floor area next to walls, file cabinets, bookcases, etc. RESTROOMS,SHOWERS AND COUNT ROOM Restrooms/Shower floors will be cleaned by damp CLEAN mop and rinsing with a disinfecting cleaner. Clean all mirrors. All restrooms/shower fixtures, including lavatory sinks, commodes, and urinals will be scoured and disinfected and kept free of scales at all times. All soap,towel,and tissue dispensers will be filled nightly. Clean doors, door frames,and Formica counter tops with a non—abrasive disinfected cleaner. Restroom wall and switches will be kept clean and free of spots, smudges and foreign. The Bidder will only clean or maintain the Coin Changer Room located in the maintenance main office area when the entrance is open to the room. MONTHYSERVICES: Clean ledges and windowsills, and mini blinds in main offices. Page 7 of 7 The supervisor will monitor work and see that it is done to specifications. A compliance checklist will be recorded by the supervisor bi-weekly. SEMI-ANNUALLY STRIP AND WAX TREMINAL BUILDING. Every six months contractor will schedule a time to Strip, reseal, and wax all tile floors in the Maintenance building, restrooms all offices cleaned preferably with a 1300 rpm high speed buffer. Page 8 of 7 SECTION I HOUSE BILL 89 VERIFICATION House Bill 89 Verification l % N �k i�� (Person name), the undersigned representative (hereafter r 1� referred to as "Representative") of L c� \e t`)01 -%i-lwNQ► l 41 v►C t LPL. Li_A c$ Df 1lli onUm prrlal Se ry c(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. 'iir °�� ,,)1-) SIGNATURE OF ( `EPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this day of ill GI'relit , 20 015". ("41_4 pa,,,,,,a, Notary Pu is PATSY LORELL DANIELS 14' Notary ID#126613342 �l My Comm+ssion Expires .6177 ` $eptembef 18,2028 3 I SECTION J NON-COLLUSION AFFIDAVIT NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid bid. Signature: 171,6c 'T /C � �� � t Printed Name: < IIL_ Title: QS:C r,I fL L Company: d t i nk 140- i -y b f 5 • Date: ` 1, •AV h 6L1M- SUBSCRIBED and sworn to before me the undersigned authority by INau,s the 5+ , of,'Varca on behalf of said bidder. Z07.5' 6--,C1 -- , Notary Pub c in and for the State of Texas My commission expires: q i g-(goo g +�!•� PATSY LORELL DAN1EIS °me`' Nota ID#126613342 \aw w.,.r My Commission Expires September 18, 2028 17:9-0 1111r- SECTION K 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: �' 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. \-9-aA6- AN.JACI-14Cti )e r V LLB- • akk t�(4� Firm Ni e Date `in nfra (l,til L, O ) O WWQ ,. Autho ed Signa re Title Name(please Telephone print)) Email STATE: COUNTY: -WP,CS2111 SUBSCRIBED AND SWORN to before me by the above named 1M DA t ca., D0..v;S on this the day of lfla(Clot ,20A5(7416: , - _ __ - _ - __ Notary Pub C � PATSY LORELL DANIELS Notary ID#126613342 My Commission Expires September 18, 2028 RETURN THIS AFFIDAVIT AS PART OF THE BID BID ——— —— 111 — SECTION L SB 252 CHAPTER 2252 & CHAPTER 22710ERTIFICATIONS SB 252 CHAPTER 2252 CERTIFICATION I, /flY04/ , the undersigned and representative of ,5 1' orul w t e ail'2 LI-l_. r (Company or Business Name) being an adult over the age of eighteen(18) years of age, pursuant to Texas Government Code, Chapter 2952, Section 2252.152 and Section 2252153,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. '(-) 1iiiDa..4i .--- Name of Company Representative(Print) Liri Sign ture of Co pany Representative ,5-4-A Date SECTION M FEDERAL CLAUSES FLY AMERICA REQUIREMENTS Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. BUY AMERICA REQUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. CARGO PREFERENCE REQUIREMENTS Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States- Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel Signat re Date PRE AWARD AND POST DELIVERY AUDITS REQUIREMENTS • Clause and language therein are merely suggested. 49 C.F.R. Part 663 does not contain specific language to be included in third party contracts but does contain requirements applicable to subrecipients and third party contractors. • Buy America certification is mandated under FTA regulation, "Pre-Award and Post- Delivery Audits of Rolling Stock Purchases," 49 C.F.R. 663.13. • Specific language for the Buy America certification is mandated by FTA regulation, "Buy America Requirements--Surface Transportation Assistance Act of 1982,as amended," 49 C.F.R.66I.12,but has been modified to include FTA's Buy America requirements codified at 49 U.S.C. A 53230). Pre-Award and Post-Delivery Audit Requirements -The Contractor agrees to comply with 49 U.S.C. §5323(1)and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: 1. Buy America Requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2)the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. 2. Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. 3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit I) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted buses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK,OR ASSOCIATED EQUIPMENT S gnat re Date ENERGY POLICY AND CONSER VA TION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321 et seq.). CLEAN WATER ACT (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn,report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. RESTRICTIONS ON LOBBYING (a) The Contractor shall timely comply with the requirements of the lobbying restrictions set forth in Section 319 of Public Law 101-121, as implemented by the Department of Transportation in 49 C.F.R. Part 20, and as those authorities may be hereafter amended. (b) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority. Signat re Date ACCESS TO RECORDS The following access to records requirements apply to this Contract: • Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. • Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. • Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. • Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. • The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. • The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). • FTA does not require the inclusion of these requirements in subcontracts. ign re ate Requirements for Access to Records and Reports by Types of Contract Contract Contract Operational Turnkey Construction Architectural Acquisitioi Characteristics Service Engineering of Rolling Contract Stock a. Contracts Those I. State below SAT imposed on Grantees ($100,000) None state pass None None None thru to Contractor b. Contracts None Those Yes, if non- None unles above imposed on competitive award or None unless unless 1 non- non- $100,000/Capital competitive state pass if funded non-competitive competitive Projects thru to award award Contractor thru25307/5309/5311 award II. Non State a. Contracts Those Grantees below SAT imposed on ($100,000) Yes3 non-state Yes Yes Yes Grantee pass thru to Contractor b. Contracts Those above imposed on $100,000/Capital Yes3 non-state Yes Yes Yes Projects — Grantee pass thru to Contractor Sources of Authority 1. 49 USC 5325 (a) 2. 49 CFR 633.17 3. 18 CFR 18.36 (i) igna re Date FEDERAL CHANGES Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies,procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. CLEAN AIR (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. CONTRACT WORK HOURS AND SAFETY STAND-ARDS ACT — OVERTIME COMPENSATION 1. Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. 3. Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(2) of this section. 4. Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. Y 0//-327 g Signatfire Date NO GOVERNMENT OBLIGATION TO THIRD PARTIES 1. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. 2. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. 2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. 3. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 4 Signa r Date DEBARMENT & SUSPENSION This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or bid, the bidder or proposer certifies as follows: 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. Si nat re Date CIVIL RIGHTS 1. Nondiscrimination- In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity- The following equal employment opportunity requirements apply to the underlying contract: 1. Race, Color, Creed,National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 2. Age- In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA,modified only if necessary to identify the affected parties 4.\ 66/-50A6-- Signature Date DISADVANTAGED BUSINESS ENTERPRISE(DBE) a) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con-tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. bq-,50-AT Signature)rttfor- vvv_-- Date 1 BID PROTESTS. ( 1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. • A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five(5) working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney, within fifteen(15) days of receipt of the protest. Within the fifteen(15) day time period, the City will: • Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. RESOLUTION OF DISPUTES,BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. Si na re Date PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier,the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a)The Contractor agrees to comply with, and assures the compliance of its employees with, the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. ig ature Date CERTIFICATION OF RESTRICTIONS ON LOBBYING The undersigned certifies,to the best of his or her knowledge and belief, that: 1) No federal appropriated funds have been or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an office or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. YL Executed this , D day of , 2GW. Company Name: , C"\eVS J ��nv� _fl�� ��i � (A By: (Si ture of Company Official) CrO (Title of Company Official) CERTIFICATION OF RESTRICTIONS ON LOBBYING The undersigned certifies,to the best of his or her knowledge and belief,that: 1) No federal appropriated funds have been or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an office or employee of any agency, a member of Congress, an officer or employee of Congress in connection with the awarding of any federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying",in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. Executed this , day of ,2O . Company Name: Lc Dr i V 6?7Liixedaai•--J a( t,1 3 / t.L By: ` fl, i�� ' ( 'gnature of Company Official) e O 1 t‘i\QX__, (Title of Company Official) SECTION N CONFLICT OF INTEREST CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23,84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. II Name of vendor who has a business relationship with local governmental entity. J n I I Check this box if you are filing an update to a previously filed gNestionnaire.(The law requires that you file an updated f t completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 I Name of local government officer about whom the information is being disclosed. Name of Officer LI 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 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? nYes 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. -"� flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as descri d in Section 176.003(a)(2)(B). excluding gifts described in Section 176.003(a-1). 21-777V)// ly7)-- Signaturq of vendor doing business with the governmental entity Date 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 6176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code S 176.006(a)and(a-1) (a)Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids,correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 16 of 34 SECTION O ADDENDUM(S) -CITY OF PORT ARTHUR,TEXAS nrr rrhur— ADDENDUM NO. TWO (2) MARCH 2,2025 BID FOR: JANITORIAL SERVICES FOR TRANSIT BID: P25-028 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 City is removing floor waxing from the specifications for all locations. 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. 0.94&,.c�tltd- Cli n Williams Purchasing Manager 41-11/5 .� Signature of Prop er Date f , Company Vendor Name 16 ,t -CITY OF PORT ARTHUR,TEXAS Cin t , 421 nrt rthu tzr ADDENDUM NO.ONE(1) Tenn FEBRUARY 18,2025 BID FOR: JANITORIAL SERVICES FOR TRANSIT BID:P25-028 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. NON-MANDATORY PRE-BID MEETING IS RE-SCHEDULED FOR MONDAY,FEBRUARY 24, 2025 AT 1:30 P.M.AT TRANSIT FACILITY,344 PROCTOR STREET,PORT ARTHUR,TEXAS 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 Manager 94-A Sign ture of Pr oser Date Leath tiS n/k/t),(?(kti Company Vendor Name n