HomeMy WebLinkAboutPR 15629: AFFORDABLE LAWN & TRACTOR SERVICE CONTRACT FOR GROUNDS MAINTENANCECITY OF PORT ARTHUR
TRANSIT DEPARTMENT
MEMORANDUM
Date: November 23, 2009
To: Stephen Fitzgibbons, City Manager
From: Tom Kestranek, Transit Manager
Colleen Russell, Director of Planning
RE: Proposed Resolution No. 15629
RECOMMENDATION
The Transit Division request that the City Council's authorize and give approval to the City
Manager to enter into a one (1) year contract with an option to renew for two (2) additional one
(1) year periods with Affordable Lawn & Tractor Service of Port Arthur, TX for Grounds
Maintenance Services at the Transit Service Center and Transit Terminal for $135.00 per cut
(annual estimated cost of $4,855.00).
BACKGROUND
Only two (2) bids were received on October 15, 2009; one from Affordable Lawn & Tractor
Services of Port Arthur, TX for an estimated annual amount of amount of $4,855.00 and the other
from Joey's Tractor Service of Port Arthur, TX for an estimated annual amount of $8,613.00.
Affordable Lawn & Tractor Service was the lowest responsible bidder for the Grounds
Maintenance Services at the Transit Serviice Center and Terminal. The proposed contractual
services will include grass cutting, trimming & edging, and weeding all landscaped areas, in
addition to pruning and trimming shrubbery and trees.
BUDGETARY AND FISCAL EFFECT
The charges for services ($135.00) per curt plus the pruning/trimming of shrubbery three (3) times
per year at $100.00 each and trees one (1) time per year at $100.00 each will be expensed to
Account Number: 401-1505-56 t .31-00.
STAFF EFFECT
None
SUMMARY
The Transit Division request the City Council's authorization and approval to enter into a one (1)
year contract with Affordable Lawn & Tractor Service of Port Arthur, TX for Grounds
Maintenance Services for an estimated contract cost of $4,855.00.
...
Z
Colleen Russell, Planning Duector
P.R. 15629
11-09-09 ja
RESOLUTION NO..
A RESOLUTION AWARDING A CONTRACT FOR GROUNDS MAINTENAIJCE
SERVICES TO AFFORDABLE LAWN & TRACTOR SERVICE OF PORT
ARTHUR, TX FORA ONE (1) YI'sAR PERIOD WITH AN OPTION TO RENEW
FOR TWO (2) ADDITIONAL ONI's (1) YEAR PERIODS AT AN ESTIMATED
AMOUNT OF $4,855.00 PER YEAR. THE PORT ARTHUR TRANSIT DIVISION,
ACCOUNT NUMBER: 401-1505-561.31-00.
WHEREAS, the City has received a bid from Affordable Lawn & Tractor Service for grounds
Maintenance service for a one (1) year period with an option of two (2) additional one (1) year periods at
$135 per cut at an estimated 33 cuts per year; and
WHEREAS, the annual estimated contract cast is $4,855.00.
NUW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR:
THAT, the City Council of the City of Port Arthur hereby awazds the Contract for Grounds
Maintenance Service for the Port Arthur Transit Division to the lowest responsible bidder, to wit:
AFFORDABLE LAWN & TRACTOR SERVICE.
THAT, the Mayor and City Manager of the City of Port Arthur are hereby authorized and directed
to execute a contract in substantially the same for as attached hereto as Exhibit "A" on behalf of the City of
Port Arthur and AFFORDABLE LAWN & TRACTOR SERVICE for the contract price of Four
Thousand, Eight Hundred, Fifty-Five Dollars ($4,855..00)
THAT, Affordable Lawn & Tractor Service shall sign this resolution agreeing to the terms hereof.
THAT, said Contract is an exact duplicate of a City Standazd Form Contract except for changes
described in the Certificate of Standard Form Contract, a copy of which is attached hereto as Exhibit, "B",
anti said changes are hereby approved.
P.R.15629
11-13-09
THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED THIS _ DAY OF , A.D.,
2009, at a
following vote: AYES: Mayor
Council members
NOBS:
Mayor
ATTEST: APPROVED FOR AVAILABILITY OF FUNDS:
Terri Hanks, City Secretary was Tubbs, Purchasing Manager
APPROVED AS TO FORM:
Val 'Tizeno, Acting Ci Attorney
APPROVED FOR ADMINISTRATION:
Steve Fitzgibbons, City Manager
AGREED TO:
Meeting of the Citrr Council of the City of Port Arthur, Texas, by the
Deborah Echols, Director of Finance ~ ~
,-'
Colleen Russell, Director o arming
r ~~,,.~
'Tom Kestranek, Transit Manager
BY:
Affordable Lawn & Tractor Service
EXHIB]:T "A"
EXHIBIT "A"
GRASS MAINTENANCE CONTRACT
FOR TRANSIT DIVISION
THIS AGREEMENT, made this day of , 2009, between the
City of Port Arthur, herein referenced to as the `CITY' and LLOYD CHRISTIAN,
acting individually or through a firm, partnership or corporation known as
AFFORDABLE LAWN & TRACTOR SERVICE, hereinafter referenced to as
`CONTRACTOR' .
IN WITNESS WHEREOF, that for and in consideration of payments, terms and
conditions set forth herein, the City and the Contractor agree to the following:
1. The term of this contract shall be for a one (1) year period from _,
2009 through , 2010, with an option to renew for two (2)
additional one (1) year periods, unless sooner terminated under the provision.
hereof.
2. The Contractor will perform mowing, trimming, weeding, spraying and removal
of liter and debris on City owned properties as stated in the Contract Documents.
3. The Contractor agrees to perform all the work described in the specifications and
contract documents and comply with tlhe terms herein for the sum of $135.00 per
cut for 300 Procter Street and 320 Dallas Avenue as shown in the attached bid
schedule for an estimated annual cost of $4,855.00.
4. During the term of the Contract, the Contractor will furnish, at his own expense,
all of the materials, supplies, tool, equiipment, labor, qualified supervision and
other services necessary for satisfactory completion of specifications and
agreements contained herein for grass cutting and cleanup at the property(s)
described as: THE TRANSIT DIVIS:[ON located at 300 Procter Street and 320
Dallas Avenue, Port Arthur, TX.
5. The Contractor agrees to indemnify the City and hold harmless the City of Port
Arthur and its officers, agents, employees or assigns from any and all liability,
including claims, causes of action, ands damages to property arising out of or in
connection with the work done by the Contractor under terms of this contract.
6. It is expressly understood that, except for the compensation delineated in
Paragraph 3, the Contractor waives any and all claims against the City of Port
Arthur, its agents, employees and assigns for any charges to the contractor, or
damages caused by the contractor or to any party arising out of this contract.
7. IN WITNESS WHEREOF, parties hereto have executed or caused to be
executed this agreement in duplicate originals.
Signed and agreed on the _ day of , 2009.
CITY OF PORT ARTHUR
By:
Stephen Fitzgibbons, City Manager
P. O. Box 1089
Port Arthur, TX 77641-1089
CONTRACTOR
(Contractor's Signature)
Title
Address
City/State/Zip
Signed on this the day of , 2009.
PORT ARTHUR TRANSIT DIVISION
GROUND MAINTENANCE SCHEDULE
MONTH UT GRASS TRIM & EDGE WEED ALL SHRUBBERY TREES
LANDSCAPED
AREAS
JANUARY i TIME PER 1 TIME PER 1 TIME PER MONTH
ONTH MONTH
FEBRUARY 1 TIME PER 1 TIME PER 1 TIME PER MONTH PRUNE 8v
MONTH MONTH TRIM
(CREPE
MRYTLES)
MARCH TIMES PER 3 TIMES PER 3 T][MES PER PRUNE &
ONTH MONTH - MONTH TRIM
APRIL TIMES PER 3 TIMES PER 3 T][MES PER
ONTH MONTH MONTH
MAY 1 TIME PER 1 TIME PER 2 T'.[MES PER
EEK WEEK MONTH
JUNE 1 TIME PER 1 TIME PER 2 TIMES PER PRUNE 8b
EEK WEEK MONTH TRIM
JULY I TIME PER I TIME PER 2 TIMES PER
EEK WEEK MONTH
AUGUST 1 TIME PER 1 TIME PER 2 TIMES PER
EEK WEEK MONTH
SEPTEMBER I TIME PER 1 TIME PER 2 TIMES PER
EEK WEEK MONTH
OCTOBER TIMES PER 3 TIMES PER 2 TIMES PER PRUNE 8s
ONTH MONTH MONTH TRIM
NOVEMBER 1 TIME PER 1 TIME PER 1 TIME PER MONTH
ONTH MONTH
DECEMBEk 1 TIME PER 1 TIME PER 1 TIME PER MONTH
ONTH MONTH
GENERAL CONDITIONS:
I.
1.0 This contract will include mowing and gxound maintenance at the City of Port
Arthur Transit Service Center and Transit Terminal.
2.0 This contract shall be in effect for a period of one (1) year beginning the date of
award of the bid by the City council. 'Che City can terminate this contract at its
convenience which includes, but is not limited to, funding not being available in
any budget cycle with ten (10) days written notice.
3.0 The City of Port Arthur or its authorized. agent shall have the right to inspect the
work at all times and upon completion thereof. There shall be no deviation from
any part of the contract or from any approved schedule without prior approval
from the Transit Department. The Contractor may not assign all or part of
this contract without prior consent in writing by the City.
4.0 Any problems encountered or inability to mow for any reason shall
immediately be brought to the attention of the Transit Manager.
5.0 All insurance must be written by an insL~rer licensed to conduct business in the
State of Texas, unless otherwise perniitted by City. The Contractor shall, at
his own expenses, 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 o~r indirectly employed by any of them, or
or by anyone for whose acts any of them may be liable of the following types
and limits (no insurance policy or certificate of insurance required below shall
contain any aggregate policy year limit. unless a specific dollar amount (or
specific formula for determining a spec;ific dollar amount) aggregate policy year
limit is expressly provided in the specification below which covers the particular
insurance policy or certificate of insurance).
5.1 Standard Worker's Compensation Insurance (with Waiver of Subrogation in favor
of the City of Port Arthur, its officers, agents and employees).
5.2(a) Bodily Injury $500,000 single limit per occurrence or $500,000 each
person/$500,000 occurrence for contracts of $100,000 or less; or
EXHIBIT "B"
• ms's
ort rtA~~
Tem.
Date of Request:
CITY OF PORT' ARTHUR
QUOTE SHEET
(Specifications are attached)
October 5, 2009
Department Requesting Quote: Transit
Services Needed: Grass Catting at Transit
Quote Due Date & Tinie: Thursday, October 15, 2009 by 3:00 P.M.
Mandatory Pre-Bid Date: Friday, October 9, 2009 @ 10:00 A.M. @ Transit Service
Center, 320 Dallas Avenue, Port Arthur, TX 77642
Delivery: Quotes are to be faxed to (409) 983-8291,
E-mailed to cwilliams(a,portarthur.net
Deliver to the Purchasing Div, 2° floor, City Hall.
Questions, please contact:
ITEM UOM
Clifton R'illiams, Purchasing Asst., (409) 983-8160
June Aiken, Administrative Asst., (409) 983-8783
DESCRIPTION
COST PER CUT
1 EA CUT/'CIEtIM/WEED $ 13 5.0 0
2 EA PRUNE & TRIM SHRUBBERY $ 10 0.0 0
3 EA PRUNE & TRIM TREES $
All work shall begin ~ calendar days of issuance of Notice to Proceed
Affordable Lawn & Tractor Service
COMPANY NAME
Lloyd Christian.
PRINTED NAME
SIGNAT
2301 Highway 73
ADDRESS
(409)736-0505 or (409)548-2382
PHO
hawna Tubbs, Purchasing Manager
Port Arthur. Texasl 77640.
CITY, STATE, ZIP
Iloyd,christian@twcable.com
E-MAIL
1121? ~P 9
Date
Page 1 Hof S
------
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orr Nha~i'~~
Tuns
Date of Request:
CITY OF PORT ARTHUR
QUOTE SHEET
(Specifications are attached)
October 5, 2009
Department Requesting Quote: Transit
Services Needed: Grass Cutting at Transit
Quote Due Date & Time: Thursday, Octo'6er 15, 2009 by 3:00 P.M.
Mandatory Pre-Bid Date: Friday, October. 9, 2009 @ 10:00 A.M. @ Transit Service
Center, 320 Dallas Avenue, Port Arthur, TX 77642
Delivery: Quotes are to be faxed to (409) 983-8291,
E-mailed to cwiilliams(a~portarthur.net
Deliver to the Purchasing Div, 2° floor, City Hall.
Questions, please contact: Clifton Williams, Purchasing Asst., (409) 983-8160
3une Aiken, Administrative Asst., (409) 983-8783
ITEM UOM DESCRIPTION COST PER CUT
1 EA CUT/TR.IM/WEED $ ~ ~ `~ rr
2 EA PRUNE & TRIM SHRUBBERY $ ~1 ~'
3 EA PRUNE & TRIM TREES $ a
All work shalt begin ~ calendar days of issuance of Notice to Proceed
T~ ear ~ s f r g ~~ a~ S e~ ~ ~' ~~
COMPANY NAME
~o~ ~- ~ 2 Z
PRINT D NAME -
ADDRESS
PHO
hawna Tubbs, Purchasing Manager
SI A
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CITY, STATE, ZIP
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Federally Required Contract Clauses for Professional Services Contracts 1
Table of Contents
1 ....................... Energy Conservation Requirements
2 ........................ Clean Water Requirements
3 ....................... Lobbying
4 . ...................... Federal Changes
5 ....................... Clean Air
6 ....................... No Government Obligation to Third Parties
7 ....................... Program Fraud and False or Fraudulent Statements and Related Acts
8 ....................... Termination
9 ....................... Government-wide Debarment and Suspension (Non-procurement)
10 ..................... Privacy Act
11 ..................... Civil Rights Requirements
12 ..................... Breaches and Dispute Resolution
13 ..................... Disadvantaged Business Enterprisers (DBE)
14 ..................... State and Local Law Disclaimer
15 ..................... Incorporation of Federal Transit Administration (FTA) Terms
Bidders are strongly advised to read and adhere to all signature and contractual
requirements. Requirements are specifically outlined within this Contract
Agreement. Failure to comply with all requirements could result in the bid being
rejected as non-responsive.
Federally Required Contract Clauses for Professional Services Contracts 2
1. ENERGY CONSERVATION REQUIREMENTS
42 USC ~ 6321 et seq.
49 CFR Fart 18
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their conhacts
at every tier and subrecipients and their subagreernents at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conservation
requirements are so dependent on the state energy conservation plan. The following Language
has been developed by FTA.
Energy Conservation -The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained iri the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
2. CLEAN WATER REQUIREMENTS
33 USC § 1251
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds $100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
------- 1~Ioclel~~ause--l-an --- -- - -
While no mandatory clause is contained in the Federal Water Pollution Control Act, as
amended, the following language developed by FTA contains all the mandatory requirements.
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §
1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
08/09/01
Federally Required Contract Clauses for Professional Services Contracts 3
3. LOBBYING
31 USC ~ 1352
49 CFR Part 19
49 CFR IJart 20
Applicability to Contracts
The Lobbying requirements apply to Construction] Architectural and Engineering/Acquisition
of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey
contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-
Lobbyinl; Amendment, 31 USC ~ 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7.
Mandatory Clause/Language
- Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursu<~nt to Section 10 of the Lobbying Disclosure
Act of 1995, PL 104-65 [to be codified at 2 USC g 1601, et seq.]
- Lobbying Certification and Disclosure of Lobbyin;, Activities for third party contractors are
mandated by 31 USC ~ 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of
1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR g 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
- - - - - -L-obbyin~; -Disclosure-A-ct-of-i 99s - - - - - --- - - - -- - -- ---- -- --- -- ------- - - - - - - - -
- Use of "Disclosure of Lobbyvlg Activities," Standard Form-LLL set forth in Appendix B of 49
CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying,"
61 Fed. Reg. 1413 (1/19/96} is mandated by 49 CFR. Part 20, Appendix A.
Byrd Anti-Lobbying Amendment, 31 USC ~ 1352, as amended by the Lobbying Disclosure Act
of 1995, I'L 104-65 [to be codified at 2 USC ~ 1601, et seq.] -Contractors who apply or bid for an
award of $100,000 or more shall file the certification required by 49 CFIZ Part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress; in connection with obtaining any Federal
contract, grant or any other award covered by 31 USC ~ 1352. Each tier shall also disclose the
naive of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 USC ~ 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
08/09/01
Federally Required Contract Clauses for Professional Services Contracts 4
APPENDIX A, 49 CFR Part 20--CERTIFICATION F;EGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted zaith each bid or offer exceeding $100,C100)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
---- _
shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein
has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (PL
104-65, to be codified at 2 USC § 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
- - -- - - - grant, loaxsTand c-0o}per-at4v~-agreernen#s-)-ar~cbt~i~ all-subrte}Riertts-sha-ll-e~rt~fy-end-disti~se--- - - - - -
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed Y>y 31, USC § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 arrd not more than $100,000 for each such
failure.
[Note: Pursuant to 31 USC § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than. $100,000 for each such expenditure or
failure.]
The Contractor, ,certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any.. In addition, the Contractor understands and
agrees that the provisions of 31 USC § A 3801, et seq., apply to this certification and disclosure, if
any.
Signature of Contractor's Authorized Official
08/09/01
Federally Required Conhact Clauses for Professional Services Contracts 5
Name and Title of Contractor's Authorized Official
4. FEDERAL CHANGES
49 CFR fart 18
Date
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/ Language
No specific language is mandated. The following language has been developed by FTA.
Federal Changes -Contractor shall at all times comply with all applicable FTA regulations,
__ policies, procedures and directives, including without limitation those listed directly or by
reference in the Agreement (Form FTA MA (6) dated October, 1999) between Purchaser and
FTA , as they may be amended or promulgated from time to time during the term of this
contract. Contractor's failure to so comply shall constitute a material breach of this contract.
5. CLEAN AIR
42 USC ~ 7401 et seq.
40CFR~15.61
49 CFR Part 18
- - -- ApP~ieability-to-Crontra-cts-- - - - - - - - - - - - - - - - - - - -- - - - - - - -
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite
quantities where the amount is expected to exceed $100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts that exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 USC g 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 Federa]~ assistance provided by FTA.
08/09/01
Federally Required Contract Clauses for Professional Services Contracts 6
6. NO C,OVERNMENT OBLIGATION TO THIRL> PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either prirnary contractors or subcontractors, this
concept should. flow down to all levels to clarify, to all parties to the contract, that the Federal
Government does not have contractual liability to third parties, absent specific written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying conk act, absent the express written consent by the Federal Government, the Federal
Government is not a party to fhis contract and shah not be subject to an.y 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 th.e 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.
7. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
31 USC 6 3801 et seq.
49 CFR Part 31 18 USC ~ 1001
- - 49-i~SC ~r -5307 - - - - - - - - -- - - -
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or submit
covered claims and statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
Program. Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 USC ~ 3801 et seq.. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
O8/ 09/ 01
Federally Required Contract Clauses for Professional Services Contracts 7
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that maybe 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
Prograrri Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Goverrinent 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 vz whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 USC g 5307, the Government reserves the
right to impose the penalties of 18 USC ~ 1001 and 49 USC g 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.
8. TERMINATION
49 USC Part 18
FTA Circular 4220.1D
Applicability to Contracts
All contracts (with the exception of contracts with :nonprofit organizations and institutions of
higher education,) in excess of $10,000 shall contain suitable provisions for termination by the
grantee including the mariner by which it will be effected and the basis for settlement. (For
contracts with nonprofit organizations and institutions of higher education the threshold is
$100,000.) In addition, such contracts shall describe conditions under which the contract may be
- - - - terminatedforzl~fault as weil"as-corrdltion~-where the eontr~c~t may be germinated-because of---
circumstances beyond the control of the contractor.
Flow Dawn
The termination requirements flow down to all contracts in excess of $10,000, with the exception
of contracts with nonprofit organizations and institutions of higher learning.
Model Clause/Language
FTA does not prescribe the form or content of suclt clauses. The following are suggestions of
clauses to be used in different types of contracts:
a. Termination for Convenience (General Provision) The City of Port Arthur may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Goverrunent's best interest. The Contractor shall be paid its costs, including contract closeout
costs, and profit on work performed up to the time of termination. The Conhactor shall
promptly submit its termination claim to City of Port Arthur to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City of Port Arthur, the
Contractor will account for the same, and dispose of it in the manner the City of Port Arthur
directs.
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Federally Required Contract Clauses for ]°rofessional Services Contracts
b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not
deliver supplies in accordance with the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the mariner called for in the contract, or if the
Contractor fails to comply with any other provisions of the contract, the City of Port Arthur
may terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the mariner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Port Arthur that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the City of Port Arthur, after setting up a new delivery of
performance schedule, may allow the Contractor to continue work, or treat the termination as a
termination for convenience.
c. Opportunity to Cure (General Provision) The Cit<~ of Port Arthur in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately short
period of time] in which to cure the defect. In such case, the notice of termination will state the
__. __ _ _ time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to City of Port Arthur's satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract withuz [ten (10) days] after receipt by
Contractor or written notice from City of Port Arthur setting forth the nature of said breach or
default, City of Port Arthur shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shall not in any way operate to
preclude City of Port Arthur from also pursuing all available remedies against Contractor and
its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that City of Port Arthur elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by City of Port Arthur shall not limit City of~ Port Arthur's remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The City of Port
Arthur, by written notice, may terminate this contract, in whole or in part, when it is in the
Government's interest. If this contract is terminated, the Recipient shall be liable only for
payment under the payment provisions of this contract for services rendered before the
effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to
perform the services within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, the City of Port Arthur
may termnate this contract for default. The City of Port Arthur shall terminate by delivering to
the Contractor a Notice of Termination specifying the nature of the default. The Contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
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Federally Required Contract Clauses for Professional Services Contracts 9
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the
corrunodities or to perform the services, including d'.elivery services, within the time specified in
this contract or any extension or if the Contractor fails to comply with any other provisions of
this contract, the City of Port Arthur may terminate this contract for default. The City of Port
Arthur shall terminate by delivering to the Contract:or a Notice of Termination specifying the
nature of default. The Contractor will only be paid i:he contract price for services performed in
accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the City of Port Arthur, protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and City of Port Arthur shall agree on
payment for the preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
vas not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the City of Port Arthur
h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work
or any separable part, with the diligence that will insure its completion within the time specified
in this contract or any extension or fails to complete the work within this time, or if the
Contractor fails to comply with any other provisions of this contract, the City of Port Arthur
may terminate this contract for default. The City of Port Arthur shall terminate by delivering to
- -- - - _ - - the Contractor a Pdotic~ of `Formin~atian sp~cifyirtg the naTure o~~ie~elau~t- Pn~his even-the - " - - "
Recipient may take over the work and compete it by contractor otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its sureties shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within
specified time, whether or not the Contractor's right` to proceed with the work is termuzated.
This liability includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor char. ged with
damages under this clause if-
1. the delay in completing the work arises from unforeseeable causes beyond the control and
without the fault or negligence of the Contractor. E;camples of such causes include: acts of God,
acts of the Recipient, acts of another Contractor in the performance of a contract with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. The contractor, within [10] days from the beginning of any delay, notifies the City of Port
Arthur in writing of the causes of delay. If in the judgment of the City of Port Arthur, the delay
is excusable, the time for completing the work shall be extended. The judgment of the City of
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Federally Required Contract Clauses for Professional Services Contracts 10
Port Arthur shall be final and conclusive on the parties, but subject to appeal under the
Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The City of Port Arthur
may terminate this contract in whole or in part, for the Recipient's convenience or because of the
failure of the Contractor to fulfill the contract obligations. The City of Port Arthur shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent,
and effective date of the termination. Upon receipt: of the notice, t11e Contractor shall (1)
immediately discontinue all services affected (unless the notice directs otherwise), and (2)
deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shalt( allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contact or otherwise and the Contractor shall be liable for any
additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The City of Port Arthur may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termnation is for convenience of the City of Port
Arthur or for the default of the Contractor. If the termination is for default, the notice shall state
the manner in which the contractor has failed to perform the requirements of the contract. The
Contractor shall account for any property in its possession paid for from funds received from
the City of fort Arthur, or property supplied to the Contractor by the City of Port Arthur If the
termination is for default, the City of Port Arthur :may fix the fee, if the conhact provides for a
fee, to be paid the contractor in proportion to the value, if any, of work performed up to the
time of termination. The Contractor shall promptly submit its termination claim to the City of
Port Arthur and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Port Arthur, the Contractor shall be paid
its conhact closeout costs, and a fee, if the contract provided for payment of a fee, in proportion
to the work performed up to the time of termination.
If, after serving a notice of termination for default, the City of Port Arthur determines that the
Contractor 11as an excusable reason for not performing, such as strike, fire, flood, events which
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Federally Required Contract Clauses for Professional Services Contracts 11
are not the fault of and are beyond the control of the contractor, the City of Port Arthur, after
setting up a new work schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
9. GOVERNMENT-WIDE DEBARMENT AND S1:15PENSION (NON-PROCUREMENT)
49 CFR Part 29
Executive Order 12549
Applicability to Contracts
Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and sub-
recipients from contracting for goods and services .From organizations that have been
suspended or debarred from receiving Federally assisted contracts. As part of their applications
each year, recipients are required to submit a certification to the effect that they will not enter
into contracts over $100,000 with suspended or del:>arred contractors and that they will. require
their contractors (and their subcontractors) to make the same certification to them.
Flow Down
Contractors are required to pass this requirement on to subcontractors seeking subcontracts
over $100,000. Thus, the terms "lower tier covered participant" and "lower tier covered
transaction" uzclude both contractors and subcontractors and contacts and subcontracts over
$100,000. _ -------
Model Clause/Language
(Instructions) The certification and instruction language is contained at 29 CFR Part 29,
Appendix B, and must be included in IFB's and RFP's [for inclusion by contractors in their bids
or proposals] for all contracts over $100,000, regardless of the type of contract to be awarded.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
- ~ ~ - -1Jower~ Tior~overed~ansactions-(~'biird~arty Corifrac-ts over ~TOQ,060~ - - - - --- - -
Instructions for. Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below .
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this tansaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, City of Port Arthur may pursue available
remedies, including suspension and/ or debarment.
3. The prospective lower tier participant shall provide immediate written notice to City of Port
Arthur if at any time the prospective lower tier participant ].earns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal,"
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Federally Required Contract Clauses for Professional Services Contracts 12
and "voluntarily excluded," as used in this clause, ]lave the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may
contact City of Port Arthur for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered hansaction with a person who is debarred., suspended, declared ineligible, or
voluntarily excluded from participation in this covered hansaction, unless authorized in
writing by City of Port Arthur
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion -Lower Tier Covered Transaction", without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered h ansaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction,, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to_,_check the
Nonprocurement List issued by U.S. General Service Administration.
8. Nothing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in
- - - - - - a eoverecLtransaetion krrowil-rgly enters into-adow~~gtie~ coverectfransaction witbi a person who -- - -
is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to all remedies available to the Federal Government, City of Port Arthur
may pursue available remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, ]:neligibility and Voluntary Exclusion -Lower
Tier Covered Transaction"
(1) The prospective lower tier participant certifies, by submission of tl-us bid or proposal, that
neither it nor its "principals" [as defined at 49 CFR g 29.105(p)] is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal de]~aartment or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
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Federally Required Contract Clauses for Professional Services Contracts 13
10. PRIVACY ACT
5 USC ~ 552
Applicability to Contracts
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those
files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to aIl contracts.
Flow Down
The Federal Privacy Act requirements flow down i:o each third party contractor and their
contracts at every tier.
Model Clause/Language
The text of the following clause has not been mandated by statute or specific regulation, but has
been developed by FTA.
Contracts Involving Federal Privacy Act Requirements -The following requirements apply to
the Contractor and its employees that administer a.ny system of records on behalf of the Federal
Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974,
5 USC ~ 552a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on
behalf of the Federal Government. The Contractor understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those
individuals involved, and that failure to comply wit11 the terms of the Privacy Act may result in
--------------
- - terrrrina-t3arr of- tlte-underlying--contract. - --- - - - - - - - - - - - -- - -- - - - - - - -- - - - -
(2) The Contractor also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by FTA.
11. CIVIL RIGHTS REQUIREMENTS
29 USC ~ 623, 42 USC g 2000
42 USC ~ 6102, 42 USC g 12112
42 USC ~ 12132, 49 USC g 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicability to Contracts
The Civil Rights Requirements apply to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
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Federally Required Contract Clauses for Professional Services Contracts 14
Model Clause/ Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but
FTA has shorten the lengthy text.
Civil Rights -The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC
~ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC g 6102, section
202 of the Americans `vith Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49
USC ~ 5332, the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulations
and other implementing requirements FTA may issue.
(2) Equal Employment- Opportunity -The following; equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 USC ~ 2000e, and Federal transit laws at 49 USC ~ 5332, the Conhactor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq.., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 USC ~ 2000e note), and with any applicable Federal statutes, executive orders,
regulations, and Federal policies that may in the future affect construction activities undertaken
in the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
- - - - -- -their-raee,~al~r-creed,-nabtonal-origin,-se~rn-~g~Szrcl~ action s~a11 include, taut nofbe Tim~`Eed- -- - -
to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or ol:her forms of compensation; and selection for
training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 USC ~ 623 and Federal transit law at 9r9 USC ~ 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any- implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of t]1e Americans with Disabilities Act, as
amended, 42 USC ~ 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission,, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
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Federally Required Contract Clauses for Professional Services Contracts 15
(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.
12. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1D
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow for
administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as inay be appropriate. This may
include provisions for bonding, penalties for late or inadequate performance, retained earnings,
liquidated damages or other appropriate measures.
Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.
Model Clauses; Language
FTA does not prescribe the form or_content of such provisions. What provisions are developed
will depend on the circumstances and the type of contract. Recipients should consult legal
counsel in developing appropriate clauses. The following clauses are examples of provisions
from various FTA third party contracts.
Disputes -Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing; by the authorized representative of City of
Port Arthur's [title of employee]. This decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
- - written-ap-peai-to the- [-title-of employ-eel. In oonneztro~~ith any such appeal,-tl-ie"Confrac~or - - -
shall be afforded an opportunity to be heard and to offer evidence in support of its position. The
decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall
abide be the decision.
Performance During Dispute -Unless otherwise directed by City of Port Arthur, Contractor
shaIl continue performance under this Contract while matters in dispute are being resolved.
Claims for Damages -Should either party to the Contract suffer injury or damage to person or
property because of any actor omission of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Remedies -Unless this contract provides otherwise., all claims, counterclaims, disputes and
other matters in question between the City of Port .Arthur and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the City of Port Arthur is
located.
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Federally Required Contract Clauses for Professional Services Contracts 16
Rights and Remedies -The duties and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a limitation of any
duties, obligations, rights and remedies otherwise imposed or available by law. No action or
failure to act by the City of Port Arthur, (Architect'- or Contractor shall constitute a waiver of
any right or duty afforded any of them under the Contract, nor shall any such action or failure
to act constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
13. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Applicability to Contracts
DEE provisions only apply to a11_ DOT-assisted contracts. Disadvantaged Business Enterprise
Provision
1. The Federal Fiscal Year goal has been set by City of Port Arthur in an attempt to match
projected procurements with available qualified disadvantaged businesses. City of Port
Arthur's goals for budgeted service contracts, bus parts, and other material and supplies for
Disadvantaged Business Enterprises have been established by City of Port Arthur as set forth by
the Department of Transportation Regulations 49 CFR Part 23, March 31,1980, and amended by
Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent
to any Conhact Agreement resulting from this request for proposal.
If a specific DBE goal is assigned to this Contract Agreement, it will be clearly stated u1 the
Special Specifications, and if the Contractor is found to have failed to exert sufficient,
reasonable, and good faith efforts to involve DBE's in the work provided, City of Port Arthur
may declare the Contractor non-complaint end in breach of Contract Agreement. If a goal is not
- -stated in the Speeial specifications-, it-will be urtclerstoocrtha~ no"spec~ic goaris assigned to tl~iis - - - - -
Contract Agreement.
(a) Policy - It is the policy of the Department of Transportation and City of Port Arthur that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, and as amended in Section
106(c) of the Surface Transportation and Uniform Relocation Assistance Act of-1987, shall have
the maximum opportunity to participate in the performance of Contract Agreement financed in
whole or in part with federal funds under this Conhact Agreement. Consequently, the DBE
requirements of 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, apply to this
Contract Agreement.
The Conh actor agrees to ensure that DBE's as defused in 49 CFR Part 26 and Section 106(c) of
the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Contract Agreement. In this regard, the Contractor shall take
ell necessary and reasonable steps in accordance with the regulations to ensure that DBE's have
the maximum opportunity to compete for and peri'orm subcontracts. The Contractor shall not
discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in
the award and performance of subcontracts.
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Federally Required Contract Clauses for Professional Services Contracts 17
It is further the policy of City of Port Arthur to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all
phases of City of Port Arthur's procurement activities is encouraged.
(b) DBE obligation -The Contractor end its subcontractors agree to ensure that disadvantaged
businesses have the maximum opportunity to pari:icipate in the performance of contracts and
subcontracts financed in whole or in part with federal funds provided under the Contract
Agreement. In that regard, ell Conh•actors and sul~conizactors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 as amended, to ensure that minority
business enterprises have the maximum opportunity to compete for end perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts to involve DBE's in the work provided, the City of Port Arthur may declare the
Contractor non-complaint end in breach of Contract Agreement.
(d) The Conhactor will keep records and documents for a reasonable time following
performance of this Contract Agreement to indicate compliance With City of Port Arthur's DBE
program. These records and documents will be mzide available et reasonable times and places
for inspection by any authorized representative of City of Poxt Arthur and will be submitted to
City of Port Arthur upon request.____
(e) City of Port. Arthur will provide affirmative assistance as may be reasonable and necessary
to assist the prime Contractor in implementing their programs for DBE participation. The
assistance may include the following upon request::
* Identification of qualified DBE
* Available listing of Minority Assistance Agencies;
* Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the Contract Agreement:
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or moire socially and economically disadvantaged
individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more socially and economically disadvantaged uzdividuals; and
ii. Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
or
iii. Which is et least 51 percent owned by one or more women individuals, or in the case of any
publicly owned business, at least 51 % of the stock of which is owned by one or more women
individuals; and
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Federally Required Contract Clauses foz• Professional Services Contracts 18
iv. Whose management and daily business operations are controlled by one or more women
individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix B -
This section is being developed to reflect the new rule in 49 CFR Part 26.
14. STATE AND LOCAL LAW DISCLAIMER
Applicability to Contracts
This disclaimer applies to all contracts.
Flow Down
The Disclaimer has unlimited flow down.
Model Clause/ Language
FTA has developed the following language.
State and Local Law Disclaimer -The use of many of the suggested clauses are not governed by
Federal law, but are significantly affected by State :(aw. The language of the suggested clauses
may need to be modified depending on state law, and that before the suggested clauses are
used in the grantees procurement documents, the grantees should consult with their local
attorney.
15. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1D
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.
Flow Down
The incorporation of FTA terms has unlimited floti~ down.
Model Clause/ Language
FTA has developed the following incorporation of terms language:
Incorporation of Federal Transit Administration (F'TA) Terms -The preceding provisions
include, in part, certain Standard Terms and Condiaions required by DOT, whether or not
expressly set forth in the preceding contract provisions. All contractual provisions required by
DOT, as set forth in FTA Circular 4220.1D, dated A.pri115,1996, are hereby incorporated by
reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be
deemed to control in the event of a conflict with other provisions contained in this Agreement.
The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
(name of grantee) requests which would cause (name of grantee) to be in violation of the FTA
terms and conditions.
08/ 09/ 01