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HomeMy WebLinkAboutPR 24725: PURCHASE TWO (2) 2026 FORD E350 PARATRANSIT VEHICLES FROM TEXAS BUS SALES, INC. City of Port Arthur Transit Department Memorandum To: Ronald Burton, City Manager 1 From: Ivan Mitchell, Transit Director i/ / Date: April 25,2026 Re: PR 24 725 —A resolution authorizing the purchase of two(2)2026 Ford E350 paratransit vehicles Nature of Request: Port Arthur Transit (PAT) is recommending the City of Port Arthur's, City Council approve PR 24725. The resolution would authorize the purchase of two (2) 2026 Ford E350 paratransit vehicles from Texas Bus Sales, Inc. of Houston, Texas in the amount of $235,592.00. The two (2) vehicles would replace existing transit vehicles that have exceeded their designed useful life based on Federal Transit Administration(FTA)guidelines. Background: Port Arthur Transit (PAT) currently has eight (8) paratransit vehicles that have met or are nearing the end of their useful life as established by Federal Transit Administration (FT A) guidelines. The proposed procurement of two (2) replacement paratransit vehicles will assist PAT to continue providing service to resident of the City of Port Arthur. Recommendation: It is recommended that the City Council approve PR 24725. This resolution would authorize the City Manager to purchase two (2) paratransit vehicles for Port Arthur Transit. Budgetary/Fiscal Effect: The funding allotment for this procurement is an 85% Federal Transit Administration (FT A) grant that is matched with transportation development credits ( DC) of 15%. The result is the City of Port Arthur will be reimbursed by the FT A 100% in the amount of$235,592.00. 401-70-530-8523-00-60-000,Project CAP.MOT, Transit Capital Motor Vehicles P.R. No. 24725 7/7/2026 IM-tnr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) 2026 FORD E350 PARATRANSIT VEHICLES FROM TEXAS BUS SALES, INC. OF HOUSTON, TEXAS, FOR USE IN THE PORT ARTHUR TRANSIT PARATRANSIT PROGRAM, IN AN AMOUNT NOT TO EXCEED $235,592.00; PROVIDING THAT THE PURCHASE SHALL BE FUNDED WITH EIGHTY-FIVE PERCENT (85%) FEDERAL TRANSIT ADMINISTRATION GRANT FUNDS AND FIFTEEN PERCENT (15%) TRANSPORTATION DEVELOPMENT CREDITS, RESULTING IN NO REQUIRED LOCAL CASH MATCH; AND PROVIDING FOR FUNDING IN ACCOUNT NO.401-70-530-8523-00-60-000 CAP.MOT. TR127-1 WHEREAS, the City of Port Arthur, through Port Arthur Transit ("PAT"), operates a federally funded public transportation system that provides complementary paratransit services to eligible individuals in accordance with applicable Federal Transit Administration ("FTA") requirements; and WHEREAS, PAT currently operates eight (8) paratransit vehicles, several of which have reached or are approaching the end of their useful service life as established by FTA asset management guidelines, resulting in increased maintenance costs and reduced operational reliability; and WHEREAS, replacement of these vehicles is necessary to maintain a safe, reliable, and accessible public transportation system, ensure continued compliance with federal accessibility and transit requirements, improve service reliability, and reduce long-term maintenance expenditures; and WHEREAS, the Purchasing Division, in coordination with Port Arthur Transit, solicited competitive sealed bids for the purchase of two (2) replacement paratransit vehicles by publishing a Request for Bids in the Port Arthur News on March 18, 2026, and March 25, 2026, in accordance with applicable procurement requirements, as reflected in Exhibit "A"; and WHEREAS, Texas Bus Sales, Inc., of Houston, Texas, submitted the lowest responsive and responsible bid meeting the City's specifications and is qualified to furnish the required vehicles, as reflected in Exhibit "A"; and WHEREAS, the total purchase price of$235,592.00 will be funded through an eighty- five percent (85%) Federal Transit Administration grant with the remaining fifteen percent (15%) satisfied through Transportation Development Credits, thereby requiring no local cash contribution from the City while leveraging available federal transportation funding to replace aging transit assets; and P.R. No. 24725 7/7/2026 IM-tnr WHEREAS,the Port Arthur Transit Department has determined that the purchase of two (2) 2026 Ford E350 paratransit vehicles from Texas Bus Sales, Inc. represents the best value to the City, is in the public interest, and is necessary to ensure the continued delivery of safe, dependable, and federally compliant paratransit services to the citizens of Port Arthur. 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 Council hereby authorizes the City Manager to execute all documents necessary to purchase two (2) 2026 Ford E350 paratransit vehicles from Texas Bus Sales, Inc., of Houston, Texas, in an amount not to exceed $235,592.00, as substantially set forth in Exhibit "B." THAT, funding for this purchase shall consist of eighty-five percent(85%) Federal Transit Administration grant funds and fifteen percent (15%) Transportation Development Credits, requiring no local cash match, with funds available in Account 401-70-530-8523- 00-60-000 CAP.MOT. TR127-1. 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. 2026 at a Regular Meeting of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: • NOES: Charlotte M. Moses, Mayor ATTEST: Christe Ned Whitley, City Secretary P.R.No. 24725 7/7/2026 IM- tnr APPROVED AS TO FORM: Roxann Pais Cotroneo, City Attorney APPROVED FOR ADMINISTRATION: APPROV AS TO ILABILITY OF FU : Ronald Burton, CP Lyn Boswell City Manager Director of Finance ri/e n/e/4 251(41 Clifton Williams, CPPB Ivan M ell Purchasing Manager Transit-Fleet Director P.R. No. 24725 7/7/2026 IM-tnr Exhibit"A" CITY OF PORT ARTHUR Advertisement for Bids Purchase of Paratransit Buses March 18, 2026 March 25, 2026 CITY Of PORT ARTHUR,TEXAS ADVERTISEMENT FOR BIDS 'ace is hereby given that sea4d oids addressed to the Cay of Port Arthur.will be receive-rt.at the rice af the City Secretary,City Hal!444 4th Street or P.O.Box loosa,Port Artnur,Texas 77641 no er than 3:90 p.m..Wednesday. April 15, 2026 and ail bids received wig thereafter be opened it read alooc at 3.15 p.m., on Wednesday, April 15,2026 in the City Council Chambers,5th _or,City Had.Port Arthur,Texas for certain services briefly described as: PURCHASE OF PARATRANSIT BUSES Is received after the deadline stated above,regardless of method of delivery.wit,not be considered t returned unopened pies of file Specifications and other Contract Documents are on file in the Purchasing Office.444 Street,:City of Port Arthur,and are open for public inspection without charge.They can also be rireyed from the City's website atwiww.bortarthurtx,govibids,aspxor wiotownuhlippurchase cont. r Chapter 2 Article VI Sec. 2-262(C)of the City's Cede of Ordinance, the City Council shall not and a contract toe company that i-s in arrears in its obligations to the City. .:11ifton Witliams qon Williams rchasing Manager CITY OF PORT ARTHUR,TE304.0 ADVERTISEItilENT FOR EilDS ottoe is hereby g,ven that seaied Olds addressed to the Oily af:Pott Arthour wit)be received at rho Officeof the Cty Sec:War'.City Hatt 444 4th Street or P Box 108S.Port Arthur,Texas 77641 no at.e4"than 3:90 p.m., Weiinesday,April 15. 2n ,arid at bids received'449 thereafter be openei and read aloud at 3:15 p.m., on Wertnesdii April 15, 2026 on the City Council Chambers;Sit enm CItY Hat'•PCvl.Atitylr:Texas co(Certaio t:eirotices:briefly ciescrtha. as PURCHASE OF PA,RATRANSiT BUSES -ait received after the deadikb.3 stated abov egardess cf method f delivery.witi not be consooderw and retivried unopened Copies of the&pedifications and Woes Ctsttra_11. are on fde or the Purchasin9 Moe,444 4th Sitiged,Oity.04 POrt,A4Per,ari4 Are open for tc inspettion isithotit change.They-can also bi Jett-sexed ittioti Dikes wetis4e at iritav,Pd, gOv.ftoids_aspx C wwwipatioldpirrchase coin Per enabler 2 Article VI Sec_ 2-262iC)of the Gily's Code cif Ordinance,the City Clouticii shalt no .-ontraC to a oamipany that s fit arrears wi ottigations to the City stOlgtion.Wgliarris Ctiftest Wittiarris Pki,7..haSing Manage, P.R.No. 24725 7/7/2026 IM- tnr Exhibit"B" CITY OF PORT ARTHUR TEXAS Bid Tabulation Purchase of Para Transit Buses i rthur Bid Opening Date:April 15,2026 Location 5th Floor Council Chambers P26-025 Name of Bidders Model 1 Commercial Model 1 Commercial Bus Service Inc A-Z Bus Texas,LLC Texas Bus Sales,Inc Vehicles,Inc Vehicles,Inc* Item# Description Delivery Cost Total Cost Delivery Cost Total Cost Delivery Cost Total Cost Delivery Cost Total Cost Delivery Cost Total Cost Purchase of Para- 1 Transit Buses $2,200.00 $ 119,354.00 $ 1,500.00 $ 141,250.00 N/A $ 117,796.00 Included $ 129,960.00 $850.00 $ 107,708.00 Delivery Days 150 Days 180 Days 180 Days 120-150 Days 30-60 Days Location Canal Winchester,OH Lubbock,TX Houston,TX Irving,TX Irving,TX *Alternate Bid* • Clifton illiams,Purchasing Manager Date Page I of 2 THURMAN BILL BARTIE,MAYOR RONALD BURTON,CPM DONEANE BECKCOM, CITY MANAGER MAYOR PRO TEM City of SHERRI BELLARD,TRMC COUNCIL MEMBERS: CITY SECRETARY WILLIE BAE LEWIS,JR. TIFFANY L.HAMILTON EVERFIELD o rt rth u r ROXANN PAIS COTRONEO HAROLD L.DOUCET,SR. CITY ATTORNEY THOMAS KINLAW,III Texas DONALD FRANK,SR. MARCH 31,2026 INVITATION TO BID PURCHASE OF PARA TRANSIT BUSES DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central Standard Time, Wednesday,April 15, 2026. (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,April 15,2026 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P26-025 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 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams P.O.Box 10891444 4th Street! Port Arthur,Texas 776411 409.983.8160 I Fax 409.983.8291 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. ehto 094,-/ arita- Clifton Williams Purchasing Manager INVITATION TO BID PURCHASE OF PARA TRANSIT BUSES (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State,Zip Code: Date: TABLE OF CONTENTS A. INFORMATION TO BIDDERS B. BID PROPOSAL C. TECHNICAL SPECIFCATIONS D. HOUSE BILL 89 VERIFICATION E. NON-COLLUSION AFFIDAVIT F. AFFIDAVIT G. CONFLICT OF INTEREST H. SB 252 CHAPTER 2252 CERTIFICATION I. FEDERAL CLAUSES SECTION "A" I BID SHEET I CITY OF PORT ARTHUR BID SHEET BID FOR: PURCHASE OF PARA TRANSIT BUSES BID DUE DATE: APRIL 15, 2026 DESCRIPTION COST PURCHASE OF PARA TRANSIT BUSES $ 117,796 per unit DELIVERY COST $ N/A Delivery will complete in 180 ARO calendar days. Te Bus Sales, Inc 1605 W34th Street, Houston, TX 77018 MP Y STREET ADDRESS P.O. Box 10213 SIGNATU OF BIDDER P.O.BOX Darryl Rickaway Houston, TX 77206-0213 (PRINT OR TYPE NAME) CITY STATE ZIP President 713 681-3600 TITLE AREA CODE TELEPHONE NO. Darryl.r@Texasbussales.com EMAIL SECTION "B" INFORMATION TO BIDDERS I INFORMATION TO BIDDERS: NOTE:It is extremely important that the Vendor,Bidder,and/or Contractor furnish the City of Port Arthur the required information specified in Bid or Proposal Specifications listed in this Bid Package. All bids meeting the intent of this request for bid will be considered for award.BIDDERS TAKING EXCEPTION TO THE SPECIFICATIONS,OR OFFERING SUBSTITUTIONS, SHALL STATE THESE EXCEPTIONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list shall indicate that the bidder has not taken exceptions and the City shall hold the bidder responsible to perform in strict accordance with the specifications of the invitation.The City reserves the right to accept any and all or none of the exception(s)/substitutions(s)deemed to be in the best interest of the City of Port Arthur. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid,guaranteeing authenticity. AMID AWARD: The City of Port Arthur will review all bids for responsiveness and compliance with these specifications. The award shall be made to the responsive, responsible bidder who submits the best value bid. The City reserves the right to: 1. Reject any and all bids and to make no award if it deems such action to be in its best interest. 2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City. 3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it shall deem to be in the best interests of the City. 4. Award bids to bidders whose principal place of business is in the City of Port Arthur and whose bid is within 5%of the lowest bid price,as provided by Section 271.905 of the Texas Government Code. TERMINOLOGY: Bidders are cautioned to read the information contained in this ITB carefully and to submit a complete response to all requirements and questions as directed. 1. "Bid" vs "Proposal"-For the purpose of this ITB, the terms "Bid" and Proposal" shall be equivalent. 2. Applicable Law. Applicable Law means any applicable law (whether statutory or standard), including statutes, ordinances, regulations, rules, governmental orders,governmental decrees,judicial judgments,constitutional provisions,and requirements of any kind and nature promulgated or issued by any governmental authority claiming or having jurisdiction. 3. Solid Waste. Solid waste refers to any garbage or refuse, as well as sludge from wastewater treatment plants, water supply treatment plants, or air pollution control facilities. It also encompasses other discarded materials resulting from industrial, commercial, mining, and agricultural operations, as well as community activities. 4. Unacceptable Waste. Unacceptable Waste means: (1) Hazardous Waste; (2) radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or toxic waste as defined by Applicable Law; or(3) any otherwise regulated waste. 5. Hazardous waste. Hazardous waste is any waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment. Hazardous waste includes, but is not limited to, any amount of waste listed or characterized as hazardous by the United States Environmental Protection Agency or any state agency pursuant to RCRA,and including future amendments thereto, and any other Applicable Law. 6. Waste Material. Waste Material refers to all solid waste that is not excluded by the Contract.Waste Material excludes any Unacceptable Waste. 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 RFP,you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility.A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the bidder's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. FORT ARTHUR PRINCIPAL PLACE OF BUSINESS:Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address(office location and office personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder.The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounts Payable,P.O. Box 1089,Port Arthur,Texas 77641. 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 proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas.This agreement is performable in Port Arthur,Texas,Jefferson County. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules,orders,regulations and codes of the federal,state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest,direct or indirect,in this Contract;and,the Contractor shall take appropriate steps to assure compliance. DELINOUENT 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. OUANTITIFS: 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 REOUIRED 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. Republic shall have a right to reject any unacceptable/hazardous waste provided by any residential or commercial unit. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. In the event of conflicts between the written bid proposal and information obtained verbally, the vendor is specifically advised that the written bid proposal will prevail in the determination of the successful bidder. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. RESPONSIBILITY FOR EQUIPMENT: Any equipment furnished by Republic shall remain the property of Republic. Should the City use the equipment solely, it shall be for its proper and intended purpose and shall not overload it(by weight or volume), move it, or alter it in any way. The City shall be liable for all losses arising from any injury or death to individuals or loss or damage to property (including the equipment) resulting from the City's use, operation, or possession of the equipment. 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 give Republic a cure period of at least thirty (15) days to cure Republic's breach. In the event of Republic's failure to cure such breach,the Contract can be terminated by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least thirty (30) days prior. 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. Force Maieure: Any failure or delay in performance under this Agreement due to contingencies beyond the Contractor's reasonable control, including, but not limited to, strikes, riots, terrorist acts,compliance with Applicable Laws or governmental orders,fires,bad weather and acts of God, shall not constitute a breach of this Agreement,but shall entitle the affected party to be relieved of performance at the current pricing levels under this Agreement during the term of such event and for a reasonable time thereafter. 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 assume full responsibility for any damages incurred to individuals or property that arise as a consequence of his fault or negligence in relation to the work executed until the completion and final acceptance by the City. Republic shall undertake to repair or replace any property only if the damage results from Republic's sole negligence or willful misconduct, excluding normal wear and tear resulting from the services rendered under this Contract. ACCESS: The City shall provide safe, unobstructed access to the equipment and the Golden Triangle Landfill on the scheduled collection day. SUB-CONTRACTS: The Contractor shall not execute any agreement with a subcontractor or allow any subcontractor to perform any work included in this Contract until written approval of such agreement has been received from the City of Port Arthur.Alternatively,the City should not unreasonably withhold, delay, or condition its consent, and no permission is required for transfers to affiliates or in connection with the sale or purchase of a business. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contractor shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract,whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,of the following types and limits 1. Standard Worker's Compensation Insurance or Other State-Approved Program: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured via a blanket-form endorsement.: a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury$1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b.Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of $2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non- owned and hired vehicles coverage's). a. Minimum combined single limit of $500,000 per occurrence, for bodily injury and property damage. b.If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company, insurance agent, or authorized representative of the insurance company(ies)to fill in all information required on the ACORD 25 Certificate of Insurance (including names of insurance agency or the authorized representative of the insurance company(ies) producing the certificate, contractor or contractor's corporate parent as the insured 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 ACORD 25 certificate(s) 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 ACORD 25 CERTIFICATE OF INSURANCE shall be supplemented with blanket-form endorsements to the Commercial General Liability and Commercial Automobile Liability policies, providing that coverage afforded under the policies will not be canceled, non-renewed, or materially changed unless at least thirty (30) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur a valid CERTIFICATE OF INSURANCE on like form from all Subcontractors and showing the Subcontractor (s) as the Insured. Said completed ACORD 25 CERTIFICATE OF INSURANCE shall, in any event,be filed with the City of Port Arthur not more than ten(10)days after execution of this Contract SECTION "C" TECHNICAL SPECIFICATIONS SPECIFICATIONS FOR PARATRANSIT BUS This specification describes a paratransit bus manufactured on a Ford E Series cut-away chassis with provision for stand-up entry, seating for adult passengers and two (2)wheel chair positions as depicted on the floor plan attached to these specifications. (School bus type vehicles are not acceptable.)All body, floor and roof joints must be tightly sealed to eliminate drafts and water leaks. Vehicles furnished to these specifications must meet or exceed all requirements herein. ALL VEHICLES DELIVERED IN ACCORDANCE WITH THIS SPECIFICATION MUST MEET THE NECESSARY REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT. All Standard and Common Features Shall be Furnished Standard and common features, some related to safety and others to driver and passenger convenience,which are generally provided in a transit vehicle without customer stipulation. Those features include but are not limited to: adjustable instrument lights, interior sun visors,exterior backup lamps,two-speed windshield wipers,windshield washers, windshield defroster, coolant recovery system, etc. Standard and other common features if not specifically stated shall not be interpreted as items that can be omitted to reduce price or to provide any other bidding advantage Manufacturer's Experience The bus manufacturer must be able to verify their history of construction with their style of body manufacture ring over 2500 units. It is not the intent of the purchaser to accept a bus that has not been fully tested in the marketplace General Dimensions Wheelbase .. 158" min. Interior height from floor to ceiling 72"min. Interior height from floor to ceiling at aisle 75" min. Height at first step 12" max. Height at passenger door entrance 78" min. Aisle width 16"min. Interior width at floor level 76" min. Gross Vehicle Weight Rating 11,500 lbs. min. Engine Minimum V-8, six point six (6.6) liter gasoline engine with a minimum peak horsepower of 400 HP and 464 pounds-per-foot of torque.The engine shall incorporate all features which will minimize emissions and maximize the life of the engine. The exhaust pipe shall terminate just ahead of the left rear corner of the vehicle and shall be constructed so that it will not cause back pressure in the motor or damage to the paint, bumper, chassis or wiring components of the vehicle. Flexible tubing will not be permitted in exhaust system. An adequately sized, aluminized steel, long-life muffler shall be used. Fuel Tank 33 gallon nominal capacity. A locking door shall be provided over the fuel filler. Transmission Automatic shift, five speed forward, one reverse,with an auxiliary transmission or cooler. Drive Shaft Guard Guard or guards to prevent drive shaft from dropping to the ground if broken. Steering Power assist and tilt Brakes Power assist four wheel disc. To include foot operated parking brake control at the operator's position. Shock Absorbers Heavy-duty double-acting type, front and rear, in lieu of the manufacturer's regular-duty shock absorbers. Wheels and Tires Wheels to be disc type;tires to be radial ply with steel-cord reinforcement and highway type tread. Wheels and tires to be of adequate capacity, as determined by reference to the Tire and Rim Association Yearbook, to support the fully loaded vehicle. One matching spare wheel and tire to be mounted on carrier as provided by the vehicle manufacturer. Bumpers Chassis manufacturer's standard front chrome bumper and bus manufactured standard rear bumper. Rear bumper to be of sufficient strength to allow the vehicle to be pushed without damage. Electrical A minimum of a 200 ampere alternators shall be provided. Chassis manufacturer supplied batteries shall be mounted on a steel roller mounted pull out tray with battery hold down secured with bolts. Inside of compartment should be covered with a durable insulating material to prevent shorts. Battery compartment should be vented and the battery shall be easily serviceable without removal from battery tray. The power to the bus conversion shall be controlled through an ON/OFF master switch located on the supplemental driver's control panel. All wiring other than that provided with the OEM chassis shall be number coded every 6 inches and shall be color coded. Fast idle solenoid with manual switch, volt sensor and light shall be installed. Solenoid is to automatically shut off when transmission is in gear or brake is applied. Windshield Wipers Dual electric 2-speed type with windshield washers, as required by FMVSS No. 104. Lighting Overhead entrance and stepwell lights shall provide no less than five foot-candles of illumination on the entrance step area with the door open. This system shall be illuminated automatically when the door is open. Overhead and stepwell lights shall be wired to and activated automatically by door control and by a separate dash mounted switch. Exterior Lighting Exterior lighting shall be in accordance with Federal Motor Carrier Safety Regulations (393.12). All light shall have wire long enough to move light at least 6 inches from vehicle for service. Marker lights shall be armored, surface mounted. Lights shall be grounded to body framing structure. All lights shall be sealed from moisture sockets mounted to top light where possible and the mounting to body shall be sealed. Brake lights shall not override emergency flashers or turn signals. Backup lights adequate to illuminate for visibility when backing shall be furnished. Center brake light shall be furnished. Each side shall include a directional signal light. Lamp lens shall not protrude from body more than two inches (2"). Lamp lens colors and configuration shall be in accordance with current State of Texas school bus requirements. Air Conditioning Air Conditioning Performance Specifications The installed air conditioning system shall cool the interior of the vehicle to 800F measured at a minimum of three points, located four feet above the floor at the longitudinal centerline of the vehicle. The three points shall be(1)near the driver's location;(2)at the mid-point of the body;and(3)two feet forward of the rear of the vehicle Compressors Dual compressors shall be provided. Compressors shall have a nominal ten (10) cubic inches of displacement. The compressors shall be protected by high and low pressure switches. Compressors shall be driven off the vehicle's engine. The compressors are to be equipped with an electro-magnetic clutch controlling each of the system's (2) thermostats. Condenser Condenser shall be a under floor skirt mounted unit rated @ 76,000 BTU/HR(IMACA). This unit shall be capable of producing a total of 2,400 CFM of airflow(rated @ 13.5vdc/0" static). This unit shall contain three(3)single speed permanent magnet four pole, four brush 10,000 hour design life sealed ball bearing motors. This unit's maximum amperage draw shall be 21 amps @ 13.5vdc. The unit's refrigerant connections shall be of a corrosion resistant brass,and shall be of the 0-ring type to insure leak-free continuous operation.The unit's filter drier shall be a minimum sixteen(16)cubic inches of desiccant compatible with R-134A;equipped with 0-ring connections to insure leak-free connections, and capable of maintaining a dry,non-acidic system. Evaporators Evaporators shall be a chassis OEM supplied 15,000 BTU/HR(IMACA)drivers in dash air conditioning unit and a rear center ceiling mounted unit rated @ 52,000 BTU/HR(IMACA). This rear unit shall be capable of producing 1,600 CFM of airflow on high speed (rated @ 13.5vdc/0" static). This unit shall contain two (2) three speed permanent magnet 10,000 hour design life sealed ball bearing motors. This unit's maximum amperage draw shall be 36 amps @ 13.5 vdc. The unit shall be equipped with an easily removable,cleanable filter element capable of filtering air to 10,000 PPM. The unit's expansion valve shall be equipped with 0-ring fittings to insure leak-free continuous operation. Controls The vehicle's air conditioning system shall be controlled from the driver's seated position. The controls shall consist of(2)rotary fan speed switch(off/high/medium/low), and(2)rotary or slide type thermostat switches. A system low pressure switch is to be included in order to provide protection to the system's compressor in case of low or sudden loss of refrigerant. Components Refrigerant hoses shall be constructed in order to comply with, or exceed specification SAE-j2064type d. The construction of the hose shall include a nylon-based thermoplastic inner liner,reinforced with two separate layers of textile yarn. The outer covering shall consist of a synthetic elastomer to reduce incidences of chaffing, cuts, and rub-troughs. Refrigerant fittings shall be constructed in order to comply with, or exceed specification SAE-j2064 type d. The construction of the fittings and nuts shall be of steel with a yellow zinc plating (ASTMB 633) capable of maintaining integrity after one thousand (1,000)hours of salt spray testing. The hose coupling end of all fittings shall include two(2)hose barbs for retention and two(2)hnbr elastomer d-ring gaskets to insure leak-free reliable operation. Refrigerant hose clamps shall be constructed in order to comply with, or exceed specification SAE-j2064 type d. The construction of the clamps shall be of a stainless steel one piece design which will ensure coupling integrity. Heating and Defrosting A rear hot water heater with blower fan shall have a BTU rating of at least thirty thousand (30,000) shall be installed under a seat near the rear of the vehicle. The controls shall be readily accessible to the driver. Heater hose connections shall be installed above the floor of the vehicle body and through: he fire wall to the engine compartment. Easily accessible all brass gate valve(s) shall be furnished to cut off the flow of coolant water to the rear heater Safety Equipment First Aid Kit; Will be the standard State of Texas School Bus First Aid Kit. Kit shall be securely mounted near the driver's seat. Fire Extinguisher; One 5-pound dry type (BC rated), securely mounted near the driver's seat. Reflectors; Three folding triangle reflectors with storage container(s). Back Up Alarm; Meeting the requirements of SAE J994B or the latest revision thereto. Fresnel Lens; Provided on the rear window of the bus. Mirrors Exterior; Rearview mirrors shall be a minimum of nine (9) inch by eight and one half(8.5) inch flat mirror surface and nine (9) inch by three and three quarter (3.75) inch convex mirror surface in a heavy- duty A.S.A. resin injection-molded housing. Interior; FIF Day/night type, conforming to FMVSS No. 111 and affording a good view of the road to the rear as well as the passenger area. The mirror(s) shall be made of safety glass, having rounded corners and protective edges. If more than one interior mirror is installed, at least one of the mirrors shall have a minimum of 90 square inch of clear vision, reflective surface area. Passenger Mirror; An additional minimum 6-inch by 10-inch interior mirror shall be furnished for the driver to view the passengers. Windows Side windows to be provided the full length of the vehicle.These windows shall be transit type T-slider windows. Windows will have positive lock in the closed position. At least two (2)window on each side shall be equipped with emergency release latches to provide emergency exits. Release instructions shall be provided at or near the release handles and an audible alarm shall be activated when any handle is released. Side windows, rear window(s) and glass in passenger entrance door shall be of uniform dark tint sufficient to permit no more than 31%light transmission. Tinted film is not acceptable. Passenger Seats The seating arrangements and configuration will be as per the attached floor plan(s). All frames shall be high quality heavy duty tube,jig welded, and utilize a heavy duty wire mesh grid for seat support. The back rest shall have steel straps for back support. Standard seat cushion width shall be 17 1/2" (single) or 35" (double). Back cushion height shall be 22 1/2" from the top of the seat cushion and 36 13/16" from the top of the back cushion to the floor. Cushions shall be molded polyurethane to ensure maximum individual passenger comfort and durability.All seats shall provide lower lumbar and side bolster support. Upholstery shall be level 1 material and select by the agency. Seats shall be recessed track mounted with pedestal support legs and hardware. Seat tracks shall be welded to the body structure and shall not rely on screws alone. Floor anchorage shall be neat and of a non-tripable design. Seating and securement shall meet or exceed every applicable Federal Motor Vehicle Safety Standard including FMVSS 210 seat belt certification test. All seats shall be equipped with retractable seat belts for each designated seating position. Aisle seats shall include an energy absorbent grab bar located at the top of the seat frame except in the rear-most row. Body Construction Sides and roof shall be constructed of metal or fiberglass panels. Roof shall be of sufficient height to provide at least 75 inches headroom at the center aisle. Headroom may be reduced slightly in some areas of the vehicle to accommodate other specified equipment such as air conditioner components and the normal contour of the roof. The structure shall be watertight and shall meet the requirements of Federal Safety Standards as to school bus rollover protection,No. 220. Roof Liner The roof liner shall be of molded fiberglass or FRP installed the full length so as to cover all protrusions. Passenger Entrance Door and Steps Passenger entrance door shall be the two-piece transit type, and shall have a minimum horizontal opening of approximately 30 inches and a minimum vertical opening of approximately 78 inches.The door shall be operated from controls at or near the bus driver's seated position.The door shall be an electrically operated,outward folding type, and both door panels shall be actuated together by a single electric powered overhead actuator. The doors shall be designed to allow manual opening in case of an emergency. The steps shall be designed so that the top of the first step is no more than 12 inches above the ground with the vehicle unloaded. Steps of at least 30 inches in width,approximately eight(8)inches deep and a maximum riser of 10-1/2 inches shall be fabricated and installed inside of the body to meet this requirement. The surface of all entrance steps shall have a non-skid material applied. A two inch white safety nosing shall be placed on each step edge. A driver's door shall be provided to the left of the driver's area. This door shall be accessible from inside or outside the vehicle. The driver door shall incorporate an opening window and arm rest.A driver's side running board with a step depth of twelve(12)inches shall be provided.Stanchions,Grab Rails,and Modesty Panels Vertical handrails shall be securely fastened on both sides of the doorway to assist passengers in entering or exiting the vehicle. Vertical stanchions and modesty panel shall be provided at the aisle immediately behind the driver's seat and at the step well. A horizontal grab rail shall extend from the wall to each stanchion Padded modesty panels shall be provided that extend from the wall to each stanchion. Vinyl shall match the passenger seats. A smoked three eights inch (3/8") thick panel Plexiglas panel shall be provided behind the driver's seat. Panels shall extend from the top of the horizontal grab rail to the ceiling and shall extend from the wall to the vertical stanchion. Stanchion and panel shall not impair driver's seat adjustment An overhead handrail shall be installed in the roof of the vehicle on the driver and curb side and shall run the length of the seating area. All handrails and stanchions shall be one and one-quarter inch(1 1/4") stainless steel. Emergencv Exit An emergency door shall be provided at the rear of the bus. Foam core doors with wood frame supports are not acceptable. Door latch shall be vertical,rotating;two point type with latch rod at top and bottom. The door panel shall have its own key lockable latch assembly which shall consist of a pistol grip style twist handle located at the inside center of the door panel. Door windows shall be installed with two (2)piece black ozone treated extruded rubber, lock and key of one(1)piece fixed design. An audible alarm shall be activated when the emergency exit door is opened and vehicle is in gear. Wheelchair Lift Door Side opening double outward opening doors shall be provided for the wheelchair lift.Lift shall be mounted within the vehicle body on the curb side. Minimum door height shall be 67 inches from floor to top of door opening. Door latch shall be vertical,rotating;two point type with latch rod at top and bottom. Each door panel shall have its own key lockable latch assembly which shall consist of a pistol grip style twist handle located at the inside center of the door panel. Door latch shall compress perimeter door seal to prevent leaks. Latch adjustment plates shall be located at the top and bottom of the door frame structure Mechanical door checks shall be provided for each door so they can be locked in an open position. An audible alarm shall be activated when the lift doors are opened and vehicle is in gear. Wheelchair Lift A fully automatic wheelchair lift with a usable platform width of 32"and a usable platform length of 48"shall be provided.The lift platform shall be equipped with barriers to prevent any of the wheels of a wheelchair or mobility aid from rolling off the platform during its operation.The lift shall be equipped with an occupant restraint system consisting of a retractable safety belt that will prevent the passenger from rolling off of the front of the lift. Horizontal grab rails shall be on the platform to assist passenger when raising and lowering operations are ongoing. Lift shall be electro-hydraulic type. Lift mechanism shall be a power up, gravity down, and power fold operation. Manual safety override shall be provided with override instructions visible from inside and outside the bus with door open. The entire lift assembly shall be installed inside the bus body with adequate protection to prevent accidental injury to passengers.Lift platform shall be fitted with device to prevent platform from touching or leaning against door after being returned to stored position. The lift shall stow in a vertical position behind the lift doors. The controls shall be interlocked with the transmission, or door, or shall provide other appropriate mechanisms or systems, to ensure that the vehicle cannot be moved when the lift is not stowed and so the lift cannot be deployed unless the interlocks or systems are engaged.The wheelchair lift shall comply with all Federal ADA regulations as specified by 49CFR, Part 38.All lifts to be FMVSS 403/404 compliant. Forward-Facing Wheelchair Parking and Securement The vehicle shall have four(4)forward facing wheel chair positions as indicated in the floor plan.The wheelchair positions behind the Driver's seat shall have three foldaway seats over them.The seats shall be of the same design as the other passenger seats.The vehicle shall have a flat floor with no wheelwells.The wheelchair positions shall be provided with restraint devices that will secure the wheelchair and secure the wheelchair passenger while in the wheelchair. These devices shall be adjustable to accommodate varying track widths of wheelchairs. Each wheelchair shall have a four (4) point securement (2 front, 2 back) The wheelchair securing retractors shall be fully automatic, self-tensioning and self-locking with recessed anchor points of sufficient strength to secure a wheelchair. Retractors and belts shall store in a convenient, storage compartment. The entire securement system shall comply with all applicable regulations including the ADA regulations. Floor and Floor Covering The vehicle floor assembly shall be a lateral body support, structural design, incorporating longitudinal stringers welded in a perimeter structure of steel angle iron. The entire floor assembly shall be a jig welded steel structure. The substructure shall be bolted through the lateral outriggers,two(2)per outrigger to the chassis through rubber isolator grommets as provided by the chassis manufacturer. Over the sub floor structure shall be fastened a minimum five eighths of an inch (3/4"), seven(7) ply, exterior grade plywood which is pattern cut, edge sealed, and attached with quarter inch (1/4") diameter counter sunk Tek screws. Sub floor understructure shall be completely undercoated and sealed prior to being installed on steel frame understructure.All edges of the plywood shall be sealed prior to installation to resist moisture. The floor in the under-seat area shall be covered with gray smooth rubber floor covering having a minimum thickness of.125 inch (1/8"). Floor covering in aisle and on steps shall be non-skid, wear-resistant, and ribbed. Minimum overall thickness shall be .1875 inch (3/16") measured from top of ribs. Painting Exterior surfaces normally painted shall be thoroughly degreased, primed, and painted solid white. Agency painted stripes and vinyl graphic shall be applied.Safetv Decal(s) Safety decal(s) shall be furnished and shall be affixed at any applicable area (emergency exit, steps, etc.). The decals shall include necessary warnings and precautions.Permanent decals (plaques)are preferred. Manuals A line setting sheet and manual(s)containing operating and servicing instructions for the vehicle shall be provided with each vehicle. The manual(s) shall be as detailed as possible outlining all necessary operating and servicing instructions for each vehicle including the vehicle's driveline components. Necessary warnings and safety precautions shall be included. In addition, manual(s) containing illustrated parts lists, operating and servicing instructions for related, and special equipment supplied with the vehicle shall be provided with the vehicle. Warranty The Vehicle shall be warranted against defects in material and workmanship for a period of not less than 12 rr- months or 12,000 miles,whichever comes first and shall cover 100 percent parts and labor for the vehicle. If the manufacturer's standard warranty exceeds 12 months then the standard warranty period shall be in effect. Successful bidder shall furnish manufacturer's warranty to the receiving agency at time of delivery. The vendor is ultimately responsible for the warranty. EXCLUSIONS: The using agency will assume the expense for replacement filters, fuel, cleaning,painting and other minor items normally consumed in day to day operations. The using agency will assume responsibility for cost of repairs resulting from collision,theft,vandalism,operator negligence and/or acts of God.2.34 Parts and Service The manufacturer of the vehicle furnished shall have an authorized dealer within the State of Texas. The authorized dealer shall have a Service Center within a 100 mile radius of the vehicle's garage. The Service Center shall have factory-trained personnel available for warranty repairs and the performance of service. The dealer shall also maintain an inventory of high-usage parts and a quick source for low-usage parts. Instruction on Safety,Operation and Preventive Maintenance The successful bidder shall provide the agency sufficient instruction on safety, operation and preventive maintenance of the vehicle after the vehicle has been delivered and is ready for operation but prior to payment. Delivery The vendor agrees, if their proposal is awarded,they guarantee that the design materials and workmanship throughout the vehicle will conform to the highest standards of the vehicle proposal according to the standard factory warranty. Unless otherwise specified,all items listed below as OEM parts or equipment means that those items were made by the chassis manufacturer, not the conversion company. Seating configuration �' GV3EMEM I 10" -T ti 6i • 30 (s. 6. 54" 32"x 58"CLEAR OPENING } FLAT FLOOR EGRESS REAR DOOR 31"-1 • 7 FRONT PUMP '� WHEELCHAIR UFT \ � a a 4 P 31"x 791/2" CLEAR OPENING BI-FOLD DOOR SECTION "D" HOUSE BILL 89 VERIFICATION House Bill 89 Verification Darryl Rickaway (Person name), the undersigned representative (hereafter referred to as "Representative") of Texas Bus Sales, Inc. (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. /h7-Ci/(i, SIGNATU OF REPRESENTATIV SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this 14 day of April , 20 26 4611A-k., ?xv a� SHERRI Notary 0,cr)CyAll )1/IL st 24, 2026 SECTION "E" NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR,TEXAS NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Printed Name: Darryl Rickaway Title: President Company: Texas Bus Sales, Inc Date: April 14, 2026 SUBSCRIBED and sworn to before me by the above named Darryl Rickaway on this the 14 day of April , 2026 Z Vfive/k.: Notary Public in and for the State of Texas 4 < ' /e, SHERRI HARRELL BEETS My commission expires: R O�`� zoiz6 ',^ Notary ID#124064136 My CoiresC August 24, 2026 SECTION "F" AFFIDAVIT AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Texas Bus Sales, Inc April 14, 2026 7rne Date 4.g.,CZ/K&;7r/---- President Authorized ' nature Title Darryl Rickaway 713-681-3600 Name (please print) Telephone Darryl.r@Texasbussales.com Email STATE: Texas COUNTY: Harris SUBSCRIBED AND SWORN to before me by the above named Darryl Rickaway on this the 14 day of April , 2,026 . t--- g°tee SHERRI HiARRELL BEETS Notary Public _�` Notary ID#124064136 ,,,',t, My Commission Expires '4277t' August 24, 2026 —41°- —Rrrtinni- I'S AFFIDAVIT AS PART OF THE BID PROPOSAL SECTION "G" 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 N.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. Name of vendor who has a business relationship with local governmental entity. Texas Bus Sales, Inc. J (� Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated t l completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. N/A Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. N/A 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? Yes 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. Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), exclud gifts described in Section 176.003(a-1). 2.1 Z./f/Kle / Ri ?a Lei.t `7/—`V.2 a'' lame of signatory Signature Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 8/14/2024 SECTION "H" SB 252 CHAPTER 2252 CERTIFICATION SB 252 CHAPTER 2252 CERTIFICATION I, Darryl Rickaway , the undersigned an representative of Texas Bus Sales, Inc. (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252,Section 2252.152 and Section 2252.153,certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051,Section 807.051 or Section 2253.153.I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Darryl Rickaway N Compan sentative(Print) Signature of mpany Representative April 14, 2026 Date SECTION "I" 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 PRE AWARD AND POST DELIVERY AUDITS REOUIREMENTS PRE-AWARD AI\" 'OST DELIVERY AUDITS REQUIRE' NTS • 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 ENERGY POLICY AND CONSERVATION ACT The Contractor shall recognize mandatory standards and policies relating to energy efficiency contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321 et seq.). CLEAN WATER ACT (1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2)The Contractor also agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FTA. RESTRICTIONS ON LOBBYING (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. 0) If a Standard Form LLL, "Disclosure Form to Report Lobbying," is required to be completed by the Contractor or subcontractor at any tier, such disclosure form shall be furnished to the Authority. ACCESS TO RECORDS The following access to records requirements apply to this Contract: • Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l,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. Requirements for Access to Records and Reports by Types of Contract Contract Contract Operational Turnkey Construction Architectural Acquisition Characteristics Service Engineering of Rolling Contract Stock a. Contracts Those I. State below SAT imposed on Grantees ($100,000) None state pass None None None thru to Contractor b. Contracts None Those yes, if non- None unless above imposed on None unless $100,000/Capital unlesslnon- state pass competitive award or non-competitive non- competitive if funded competitive Projects award thru to thru25307/5309/5311 award award Contractor 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) 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. NO GOVERNMENT OBLIGATION TO THIRD PARTIES �. 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. 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. 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. 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 DISADVANTAGED BUSINESS ENTERPRISE(DBE) d) It is the policy of the Authority and the Department of Transportation that Disadvantaged Business Enterprises (DBEs) as defined in 49 C.F.R. Part 26 shall have the maximum opportunity to participate in the performance of con-tracts financed in whole or in part with Federal funds under this contract. Consequently, the DBE requirements of 49 C.F.R Part 26 applies to this contract. b) The Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The requirements of 49 C.F.R. Part 26, and the Authority's DOT approved Disadvantaged Business Enterprise (DBE) program is incorporated in this contract by reference. Failure by the Contractor to carry out these requirements is a material breach of the contract, which may result in the termination of this contract or such other remedy, as the Authority deems appropriate. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference.Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee)to be in violation of the FTA terms and conditions. BID PROTESTS. ( 1) Notice of Protest. A vendor wishing to protest any aspect of the procurement process must do so in writing and submit to the Purchasing Manager. The written protest should include, at a minimum: • Both the name and address of the protestor, as well as the vendor they represent, if different. • The name of the bid being protested. •A statement of the grounds for protest and any supporting documentation. A protest may be submitted to the Purchasing Manager no later than five(5)working days after award. (2) Staff Review. A protest must be in writing and supported by sufficient information in order to be considered. A decision and response to the protest will be prepared by the Purchasing Manager or his designee, in consultation with the department and the City Attorney,within fifteen(15) days of receipt of the protest. Within the fifteen(15)day time period, the City will: • Allow for informal conference on the merits of the protest with all interested parties. • Allow for reconsideration if data becomes available that was not previously known, or if there has been an error of law or regulation. • Render a decision supporting or canceling the award, such decision shall be in the form of a staff recommendation. (3) Appeals. If the protesting vendor does not agree with staff recommendation, they may appeal to the City Council by contacting the City Secretary. Staff recommendations will be made available for public review prior to consideration by the City Council. RESOLUTION OF DISPUTES,BREACHES AND OTHER LITIGATION All contracts in excess of$100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Specific language for dispute resolution will be provided in any resultant contract of the successful proposer. PRIVACY ACT Applicability to Contracts When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier,the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. Contracts Involving Federal Privacy Act Requirements The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (a)The Contractor agrees to comply with,and assures the compliance of its employees with,the information restriction and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (b)The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. ACCEPTANCE OF ALL FEDERAL CONTRACT CLAUSES The Proposer 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 City and FTA, as they may be amended or promulgated from time to time during the term of this Contract. Proposer's failure to so comply shall constitute a material breach of this Contract. The Proposer, Texas Bus Sales, Inc. , certifies or affirms that they have read and accepts all of the aforementioned Federal Transit Administration contract clauses. (1,(6)6ey Signature of Pr poser's Authorized Official Darryl Rickaway, President Name and Title of Proposer's Authorized Official April 14, 2026 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 iextension, 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 14 day of April , 20126 . Comp. " e: Te Comp Sales, Inc. By: !di/ i/ aP�di (Signature of Company ficial) President (Title of Company Official)