HomeMy WebLinkAboutPR 13033: SANSERVE/TRANSIT MEMORANDUM
CITY OF PORT ARTHUR, TEXAS
TRANSIT DEPARTMENT
TO: Steve Fitzgibbons, City Manager /~~...~
FROM: Tom Kestranek, Transit/Equipment~__~~,~x~'"'
Services Manager
DATE: March 21, 2005
SUBJECT: Proposed Resolution: No. 13033
COMMENTS
RECOMMENDATION
We are requesting that the City Council authorize the contract for Janitorial Services at
the Transit Department Complex with SanServe Building Services of Beaumont, Texas in
the amount of $ 7,440. O0 per year.
BACKGROUND
The contract is for three (3) years beginning the date of award of the bid by City
Council. This will be the first year of a three-year contract. Presently, SanServe
Services is providing satisfactory service and pricing to the City of Port Arthur Transit
Department.
Purchasing solicited bids from various vendors advertised in the Port Arthur News from
February 20~h and February 27th, 2005. Bids were received and opened on March 9,
2005 from the following four (4) bidders:
SanServe Building Services ofBeaumont, TX ........................... $ 7,440.00
Southeast Texas Building Services of Nederland, TX ................ $ 7,680.00
Sampson Janitorial of Port Arthur, TX .................................. $12,792. O0
Maids Domestic Agency of Port Arthur, TX ............................ $15,000.00
BUDGETING AND FISCAL EFFECT
Funding is available in Accounts 401-1503-561.32-00 and 401-1505-561.32-00.
STAFFING EFFECT
None
SUMMARY
We are requesting that the City Council authorize the Janitorial Services contract for the
Transit Department Complex with SanServe Building Services of Beaumont, Texas.
P. R. NO. 13033
03/21/05
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF
A THREE (3) YEAR CONTRACT POR JANITORIAL SERVICES AT THE
TRANSIT SERVICE CENTER AND TRANSIT TERMINAL; TO
CCAP INC., d.b.a. SANSERVE BUILDING SERVICES OF BEAUMONT, TX
IN TIlE AMOUNT OF $7,440.00 PER YEAR.
BE IT RESOLVED BY THE CITY COUNCIL OP THE CITY OF PORT ARTHUR:
THAT, the City Council of the City of Port Arthur hereby awards a three (3) year contract
for Janitorial Services for the Transit Service Center and the Transit Terminal to the lowest
responsible bidder, to wit: CCAP Inc., d.b.a. Sanserve Building Services of Beaumont, Texas,
effective April 1, 2005; and
THAT, the Mayor and City Manager of the City of Port Arthur are hereby authorized and
directed to execute on behalf of the City of Port Arthur a contract, copy of which is attached hereto
as Exhibit "A", between the City of Port Arthur and CCAP Inc., d.b.a. Sanserve Building Services of
Beaumont, Texas for the contract price of Seven Thousand, Pour Hundred, Forty and 00/100
($7,440.00) dollars, payable in monthly installments of $620.00; and
THAT, this agreement can be terminated if funds are not available in any fiscal year with
ten (10) days notice being given to SanServe.
THAT, CCAP Inc., d.b.a. SanServe Building Services of Beaumont, TX shall agree to the
terms of this Resolution.
THAT, a copy of the caption of this Resolution is spread upon the minutes of the City
Council.
READ, ADOPTED AND APPROVED this day of , A.D. 2005 at a
Meeting of the City Council of the City of Port Arthur, Texas, by the following
vote:
P. R. NO. 13033
03/21/05
AYES: MAYOR:
Councilmembers:
NOES:
Mayor
ATTEST:
Evangeline Green, City Secretary
APPROVED AS TO FORM AND LEGALITY:
Mark Sokolow, City Attorney
APPROVED FOR ADMINISTRATION:
Tom Kestranek, Transit/Equipment Services Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
Rebecca Underhill, CPA, Finance Director
AGREEDED TO BY:
SanServe Building Service
JANITORIAL SERVICES CONTRACT
FOR TRANSIT
THIS AGREEMENT, madethis 1st dayof April ,2005 by and between the
City of Port Arthur, a municipal corporation organized under the laws of the State of
Texas, hereinafter called "OWNER" or "CITY" and Sanserve Building Services ,
herein acting by and through hereinafter called
"CONTRACTOR" agree as follows:
WlTNESSETH: That for and in consideration of the payments, terms, conditions,
and agreements set forth herein, OWNER and CONTRACTOR agree as follows:
1. The term of this Contract shall be from April 1, 2005 to April 1, 2008 ,
The City can terminate this contract at its convenience which includes, but is
not limited to, funding not being available in any budget cycle with ten (10)
days written notice.
2. The Contractor agrees to perform all the work described in the specifications;
and contract documents and comply with the terms therein for the
sum orS 7,440.00 Annually;
3. The term "Contract Documents". means and includes the following:
(A) Agreement
(B) Advertisement for BIDS
(C) Information for BIDDERS
(D) BID
(E) BID BOND
(F) General Conditions
(G) Specifications
5. This agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
6. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized officials, this Agreement in (~2 copies) each of
which shall be deemed an original on the date first written above.
Signed on the day of 2005
ATTEST CITY OF PORT ARTHUR
BY
Signed on the day of 2005
ATTEST CONTRACTOR
BY
EXHIBIT "A"
CITY OF PORT ARTHUR, TEXAS
ADDENDUM NO. TWO (2)
DATE: MARCH 7, 2005
BID PROPOSAL FOR: JANITORIAL SERVICE FOR TRANSIT
The following clarifications, amendments, deletions, additions, revision and/or
modifications are made a part of the Contract Documents and change the original
documents only in the manner and to the extent hereinafter stated and shall be
incorporated in the Contract Documents.
Provisions of this addendum shall take precedence over requirements of the original
Contract Documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE
SAID PROVISIONS IN THE SUBMISSION OF THEIR BID.
THE SPECIFICATIONS FOR THE TRANSIT TERMINAL WERE
MISTAKENLY OMITTED. ATTACHED ARE THE THREE PAGES OF
SPECIFCATIONS FOR THE TRANSIT TERMINAL.
Clifton Williams
Senior Purchasing Assistant
CITY OF PORT ~RTHUR,
IT DEPARII . iT
SPECIFICAT!O~;S FOR: Janitorial Services for Transit Terminal
Building Maintenance
LOBBY WAITING I~P, EA (MONDAY THROUGH FRIDAY):
-- Sweep Floors
-- }lop Floors with water & required portion of a general
purpose cleaner ONLY as needed, or as requested by
Transit Management. Restore Floors with Franklin Restore
It or approved equal and buff with a 1300 rpm high speed
buffer as required after cleaning.
-- Clean and wash all table tops, seats and their metal frame
assemblies as needed or as requested by'Transit Management.
-- Empty and wipe out all ashtrays with a damp cloth daily.
-- Clean and wipe down public pay phone stations.
-- Wipe clean walls, money changer facing, and trim as needed,
or as requested by Transit Manager.
-- Clean glass doors leading into lobby, lower front glass
pane windows, and glass display case doors.
-- Clean doors and door frames.
-- Empty and reline trash containers with new liners as
necessary.
-- Clean and polish daily (with stainless steel cleaner) the
Water Fountain.
p~$TROOM$ (MONDAY THROUGH FRIDAY):
-- Sweep Floors.
-- Mop Yloors with water and required portion of a general
purpose cleaner O~Y as needed, or as requested by
Transit 1.~anagement. Restore Floors with Franklin Restore
it or approved equal and buff with a 1300 rpm high speed
buffer as required after cleaning.
-- Polish all metal and clean all mirrors.
-- Clean all coammodes, urinals, lavatory sinks and fixtures
thoroughly.
-- Refill soap, towel (using appropriate type of towels &
filled so towels dispense properly), and toilet paper
containers.
-- Clean doors, door frames, and formica counter tops
thoroughly.
-- Empty towel/trash containers
FJiVISED 4/91 Page 1 of 3
2~ECiFIC!\TIO~';S FOP, jA:liTORIAL SERVICES
T ?,~MN S IT T E pd41 t;,'ZL
(Continued)
OUTSIDE TP~St[ P~CEPTICA3~S (~iO~iD~Y TblROUGt[ FRIDAY):
-- Trash Recepticals are to be emptied daily. Change trash
liners as necessary.
OUTSIDE C~t0PY WALKWAY ~ID DRIVEWAY (MONDAY THROUGH FRIDAY):
-- Pick up trash daily, sweep, and hose down as needed, or
as requested by Transit Management.
~C~L~/qICAL AND SUPPLY.,&O0bIS (WEEKLY):
-- Sweep Floors.
-- Damp mop and buff vinyl tile floor in Supply Room.
-- Clean utility sink in Hechanical Room.
-- Clean cold-air return grill located.on the outside wall
of Hechanical Room.
-- Keep the shelving in the Supply Room neat & orderly.
-- Supervisor will monitor work and see that it is done to
specification. A compliance checklist ~ill be submitted
to Transit Hanagement bi-weekly.
HONTHLY:
-- Wash o~t all Hetal Trash Recepticles Liners (inside and
outside) monthly or as requested by Transit Hanagement.
-- Clean all Ceiling Fan Blades.
-- Strip, reseal and wax vinyl tile floor located in Supply
Room.
QU~TEP~Y:
-- Strip the Lobby and Rest~oom Floors with a basic stripping
compound; reseal with Buckeye Cirene polishing compound &
Excel floor finish or approved equal; and buff with a 1300
rpm high speed buffer in order'to restore the finish.
CLEMiI~IG SERVICES HOT PgQUIP~D BY BIDDER:
-- Bidder will not be required to clean or maintain Coin Changer
Room located off from the Supply Room. Admittance into this
area is restricted.
PZVISED 4/91 Page 2 of 3
SF~CIFIC~IO~ PO~. JZ~,ILORI~L SEP.~I~S
(Continued)
SUPPLIES ~U~;ISHED BY THE BIDDER:
-- Cleaners; bowl cleaner; wax remover and wax; dust mop;
damp mops; brooms; buffer; furniture polish and any-
thing else pertaining to cleaning, including plastic
liners for trash containers.
SUPPLIES ~IOT TO BE FU~IIS[~D BY BIDDER:
-- Unless directed by Transit Management, bidder is not to
furnish paper towels, toilet tissue, deodorant blocks,
or light bulbs..
PRODUCT P~ESTRICTIONS:
-- ENDUST IS [lOT to be used in this building.
PRODUCT p~UIREb~NTS FOR CERAI.IIC TILE CAP~ ~INTENA~ICE:
-- A general purpose cleaner.
-- Buckeye Cirene Polishing Compound or approved equal.
-- Excel Floor Finish or approved equal.
-- Franklin Restore It or approved equal.
SECURITY I.~0TE: ~
-- Bidder will be held responsible for securing all entrances..
as well as disarming and rearming the Building's Electronic
Security/Fire Alarm System.
~UALtTY ASSUP4XltCE:
-- Providing Transit"Management with a Janitorial Services
compliance checklist, bi-weekly, will be a requirement
in meeting contract specifications and payment.
For additional information or an inspection of the facility, contact
l~[r. Tom Kestranek at 983-8767.
~ 'T~TJ 4/91 Page 3 of 3
R~
CITY OF PORT ARTHUR, TE~S
ADDENDUM NO. ONE (1)
DATE: JANAURY 28, 2004
BID PROPOSAL FOR' JANITORIAL SERVICES FOR TRANSIT
The following clarifications, amendments, deletions, additions, revision and/or modifications are made a
part of the Contract Documents and change the original documents only in the manner and to the extent
hereinafter stated and shall be incorporated in the Contract Documents.
Provisions of this addendum shall take precedence over requirements of the original Contract Documents
and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE
SUBMISSION OF THEIR BID.
Change the following
1. Buff all floors weekly
2. Strip, reseal, and wax all tile floors semi annually
Delete the following
1. Sweep entire garage area
2. Clean oil and grease on garage floor area
Clifton Williams
Senior Purchasing Assistant
OSCAR G. ORTIZ, MAYOR
STEPHEN FITZGIBBONS
JOHN GEARD, JRt, MAYOR PRO-TEM CITY MANAGER
COUNCIL M£M'BERS: EVANGEL/NE "VAN" GREEN
CRAIG HANNAH ~'i~v ¢~[' CITY SECRETARY
FELIX A. BARKER
THOMAS J~ HENOERSON MARK T. SOKOLOW
MARTIN FLOOD CITY ATTORNEY
RONNiE H. THOMPSON
DELORIS PRINCE
MICHAEL "SHANE' SINEGAL
INVITATION TO BID
February 21, 2005
Vendors:
Sealed Bids, subject to the General Instructions, Conditions and Specifications, as
provided will be addressed to the City Secretary of the City of Port Arthur, Texas in
DUPLICATE.
Sealed BIDS shall be received no later than 3:00 P. M. March 9, 2005 at the City
Secretary Office and all bids received will thereafter be opened and read aloud on March
9, 2005 in the City Council Chambers, 5th Floor, City Hall, Port Arthur, Texas for the
following:
JANITORIAL SERVICES FOR TRANSIT
BIDS SHALL BE PLACED IN A SEALED ENVELOPE, with the bidder's name and
address in the upper left-hand comer of the envelope. FACSIMILE TRANSMITTALS
SHALL NOT BE ACCEPTED.
BIDS MUST BE submitted on the pricing form included for that purpose in this packet
and SIGNED BY A PERSON HAVING THE AUTHORITY TO BIND THE FIRM IN A
CONTRACT.
MARK ENVELOPE: JANITORIAL
Sealed Bids shall be submitted:
CITY OF PORT ARTHUR CITY OF PORT ARTHUR
CITY SECRETARY CITY SECRETARY
P. O. BOX 1089 444 4TH STREET
PORT ARTHUR, TX 77641-1089 PORT ARTHUR, TX 77640
ALL BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE
OPENING DATE AND TIME.
FO 80X 1089 " PORTARTHUR. TEXAS 77641-1089 · 409/983-8115 · FAX 409/983-8291
Bids received after the closing time specified will be returned to the bidder unopened.
Award will be made as soon as practicable after opening. To obtain results, or if you
have any questions, please contact Clifton Williams at the City of Port Arthur Purchasing
Office, at (409) 983-8160.
The City of Port Arthur reserves the right to 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 of Port Arthur.
Sincerely, :
Joseph Broussard
Purchasing Coordinator
A Mandatory Pre-Bid Conference between Representatives of the City of Port Arthur,
Texas and prospective bidders for Janitorial Service for Transit Department will be held
at the Transit Service Center which is located at 301 4th Street on March 3, 2005 at
10:00 a. m.
CITY OF PORT ARTHUR
GENERAL SPECIFICATIONS
GENERAL INFORMATION:
NOTE: It is extremely important that the Vendor, Bidder, and/or Contractor
furnish the City of Port Arthur the required information specified in the Bid or
Proposal Specifications listed in this Bid Package.
The intent of this INVITATION TO BID (ITB) is to provide bidders with sufficient
information to prepare SEALED BIDS IN DUPLICATE for furnishing: JANITORIAL
SERVICES FOR TRANSIT
Bids must be in a sealed envelope addressed to the City Secretary, City of Port Arthur,
P. O. Box 1089, Port Arthur, Texas 77641. Bids shall be received no later than
3:00 P. M. March 9, 2005. Bid proposal MUST BE SIGNED BY THE BIDDER.
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 exception 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.
Bids cannot be altered or amended after submission deadline. Any interlineation,
alteration, or erasure made before opening time must be initialed by the signer of the bid,
guaranteeing authenticity.
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 3% of the lowest bid price. This preference can't be granted
for purchases involving Federal Funds.
The award shall be made to the responsible vendor(s) whose bid is determined to be the
lowest offer; taking into consideration the relative importance of price, conformance to
specifications, and capability and experience of the contractor.
TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid"
and Proposal" shall be equivalent.
Bidders are cautioned to read the information contained in this ITB carefully and to
submit a complete response to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in
accordance with Vemon's Texas Code Annotated, Local Government Code Title 5,
Subtitle C, Chapter 171.
ETHICS: The bidder shall not offer or accept gifts or anything of value, nor enter into
any business arrangement with any employee, official or agent of the City of Port Arthur.
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 moneys 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.
Any interpretations, corrections or changes to the ITB and Specifications will be made by
addenda. Sole issuing authority ofaddendas shall be vested in the City of Port Arthur
Purchasing Manager. Addendas will be mailed to all who are known to have received a
copy of the ITB. Offerers shall acknowledge receipt of all addenda.
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.:
Transit Department, 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.
2
SALES TAX: The City of Port Arthur is exempt by law f~om payment of Texas Sales
Tax and Federal Excise Tax, therefore the proposal shall not include Sales Tax.
VENUE: This agreement will be governed and construed according to the laws of the
State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,
ordinances, rules, orders, regulations and codes of the federal, state and local
governments relating to performance of work herein.
INTEREST OF MEMBERS OF CITY: No member of the governing body of the City,
and no other officer, employee or agent of the City who exercises any functions or
responsibilities in connection with the planning and carrying out of the program, shall
have any personal financial interest, direct or indirect, in this Contract; and, the
Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances
prohibits the City from granting any license, privilege or paying money to anyone 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.
CONTRACT: The following will comprise the contract between the City and the
successful bidder:
1. Information for Bidders
2. Bid Sheet
3. Notice of Awards
4. Specifications
5. Addenda
QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically
understood and agreed that these quantities are approximate and any additional quantities
will be paid for at the quoted price. It is further understood that the supplier shall not
have any claim against the City of Port Arthur for quantities less than the estimated
amount.
All bids will remain in effect for sixty (60) days after the bid opening date.
If through any cause the Bidder fails to fulfill in a timely and proper manner, his
obligations under this Contract, or fails to perform in accordance with these
specifications, the City reserves the fight to terminate this Contract by giving written
notice to the Bidder of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of such termination.
3
No person has the authority to verbally alter these specifications. Any interpretations,
corrections or changes to this ITB and specifications will be made in writing by the
Purchasing Division of the City of Port Arthur and sent to each person having a bid
package.
The vendor must be an authorized dealer for all products offered. The vendor must give
the manufacturers name and product description of all items. Inferior products, products
which perform at a substandard level, or poor quality products will be rejected.
SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,
Texas 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and
clause required by law to be inserted into the Contract shall be deemed to be enacted
herein and the Contract shall be read and enforced as though each were included herein.
If, through mistake or otherwise, any such provision is not inserted or is not correctly
inserted, the Contract shall be amended to make such insertion on application by either
party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good
workmanlike manner, perform all work and furnish all supplies and materials, machinery,
equipment, facilities and means, except as herein otherwise expressly specified,
necessary or proper to perform and complete all the work required by this Contract, in
accordance with the provisions of this Contract and said specifications.
The apparent silence of these specifications as to any detail or to the apparent omission
from it of a detailed description concerning any point, shall be regarded as meaning that
only the best commercial practices are to prevail. All interpretations of these
specifications shall be made on the basis of statement.
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
most suitable for the purpose involved.
In the event of confiicts 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.
Questions concerning this ITB or additional information should be directed Tom
Kestranek at 409-983-8767.
MANDATORY
PRE-BID CONFERENCE
A Mandatory Pre-Bid Conference between Representatives of the City of Port
Arthur, Texas and prospective bidders for Janitorial Service for Transit Department will
be held at the Transit Service Center which is located at 301 4th Street on March 3, 2005
at I0:00 a. m.
The purpose of the Mandatory Pre-Bid Conference is to make certain that the scope of
work is fully undei-stood, to answer any questions, to clarify the intent of the Contract
Documents, and to resolve any problems that may affect the project construction. No
addendum will be issued at this meeting, but subsequent thereto, the Purchasing
Coordinator, if necessary, will issue an addendum(s) to clarify the intent of the Contract
Documents.
All insurance must be written by an insurer licensed to conduct business in the
State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own
expense, purchase, maintain and keep in force insurance that will protect against injury
and/or damages which may arise out of or result from operations under this contract,
whether the operations be by himself or by any subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts any of them may be
liable, of the following types and limits (no insurance policy or certificate of insurance
required below shall contain any aggregate policy year limit unless a specific dollar
amount ( or specific formula for determining a specific dollar amount) aggregate policy
year limit is expressly provided in the specification below which covers the particular
insurance policy or certificate of insurance.
1. Standard Worker's Compensation Insurance:
2. Commercial General Liability occurrence type insurance
(products/completed operations coverage must be included, and City of Port
Arthur, its officers, agents, and employees must be named as an additional
insured):
a. Bodily injury $500,000 single limit per occurrence or $500,000 each
persorg$500,000 per occurrence for contracts of $100,000 or less; or
b. Bodily injury $1,000,000 single limit per occurrence or $500,00 each
person/$1,000,000 per occurrence for contracts in excess of $100,000;
and,
c. Property Damage $100,000 per occurrence regardless of contract
amount; and,
d. Minimum aggregate policy year limit of $1,000,000 for contracts of
$100,000 or less; or,
e. 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.
6
4. Contractual Liability Insurance covering the indemnity provision of this
Contract in the same amount and coverage as provided for Commercial
Contractor shall cause Contractor's insurance company or insurance agent to fill
in all information required (including names of insurance agency, Contractor and
insurance companies, and policy numbers, effective dates and expiration dates) and to
dates and sign and do all other things necessary to complete and make into valid
certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and made
a part of the Information To Bidders, and pertaining to the above listed items 1, 2, 3 and
4; and before commencing any of the work and within the time otherwise specified,
Contractor shall file completed Form with the Owner. None of the provisions in said
Form shall be altered or modified in any respect except as herein expressly authorized.
Said CERTIFICATE OF INSURANCE Form contains a provision that coverage afforded
under the policies will not be altered, modified or canceled unless at least fifteen (15)
days prior written notice has been given to the Owner. Contractor shall also file with the
Owner valid CERTIFICATE OF INSURANCE on like form from or for all
Subcontractors and showing the Subcontractor (s) as the Insured. Said completed
CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the OWNER
not more than ten (10) days after execution of this Contract.
The original Builder's Risk policy (if required) shall provide for fifteen (15) days
written notice of alternation, modification or cancellation and shall be furnished to
OWNER. Provided, however until the original policy, which original policy must be
received by the OWNER not later than (thirty) days after issuance of the Notice to
Proceed for the project. Notwithstanding any other provision in the Contract Documents,
it is further mutually understood and agreed that no payment will be due and owing or
made to the CONTRACTOR for any work performed under the Contract until all of the
required insurance documentation, including the original policy specified above, are
received by the OWNER
BID SECURITY AND LIQUIDATED DAMAGES
Bids shall be accompanied by a bid guarantee of not less than five percent (5%)
of the amount of the total bid which shall be a Certified Check or Cashier's check payable
without recourse to the City of Port Arthur, or a bid bond with corporate surety
authorized to conduct business in Texas. Said security shall he submitted with the
understanding that it shall guarantee that the Bidder will not withdraw his bid within
thirty (30) days after the date of the opening of the bids; that if a bid is accepted, the
bidder will enter into a formal Contract with the OWNER, furnish bonds and insurance as
may be required and commence work at the specified time, and that in the event of the
withdrawal of said bid within said period, or the failure to enter into said Contract,
furnish said bonds and insurance and commence work within the time specified, the
Bidder shall be liable to the OWNER for the difference between the amount specified in
the bid in the amount for which the OWNER may otherwise procure the required work.
Checks of all except the three lowest responsible Bidders will be returned when award is
made; when the Contract is executed, the checks of the two remaining unsuccessful
bidders will be returned; that of the successful Bidder be returned when formal Contract,
bonds and insurance are approved, and work has commenced within the time specified.
The Bidder to whom the award is made shall execute and return the formal
Contract with the OWNER and furnish Performance and Payment Bonds and required
Insurance Documents within ten (10) days after the prescribed forms are presented to
him for signature. Said period will be extended only Upon written presentation to the
OWNER, within said period, of reasons which the sole discretion of the OWNER, justify
an extension. If said Contract, bonds and insurance Documents are not received by the
OWNER within said period or if work has not been commenced within the time
specified, the OWNER may proceed to have the work required by the Plans and
Specifications performed by any means at its command, and the bidder shall be liable to
the CITY For any excess cost to the OWNER over bid amount. Further, the bid
guarantee shall be forfeited to the CITY as liquidated damages and Bidder shall liable to
the City for an additional amount of five percent (5%) of the bid amount as liquidated
damages without limitation.
The OWNER, within ten (10) days of receipt of acceptable Performance
and Payment insurance,; Documents and Contract signed by Bidder to whom Contract
was awarded, shall sign and return executed duplicate of the Contract said party. Should
OWNER not execute the Contract within such period, the Bidder may, by written Notice
to OWNER, withdraw his signed Agreement.
BONDS
If the Contract exceeds Twenty-five Thousand Dollars ($25,000.00),
Performance and Payment Bonds shall be furnished on prescribed forms in the amount of
one hundred percent (100%) of the Contract price with corporate surety duly authorized to
do business in the State of Texas. Attorneys-in-fact who sign Bonds must file with each
bond a certified and effective date copy of their Power of Attorney.
8
GENERAL CONDITIONS:
1.0 This contract will include Janitorial Service at the City of Port Arthur
Transit Department.
2.0 This contract shall be in effect for a period of three (3) years beginning the
date of award of the bid by the City council. Any terms and conditions stated in
original specifications will apply to any extended periods. Approval on behalf of the
City to renew this contract shall be made by the City manager or his designee.
3.0 The City of Port Arthur or its authorized agent shall have the right to inspect
the work at all times and upon completion thereof. There shall be no deviation from
any part of the contract or from any approved schedule without prior approval
from the Transit Department. The Contractor may not assign all or part of this
contract without prior consent in writing by the City.
4.0 Any problems encountered or inability to clean for any reason shall
immediately be brought to the attention of the Transit Manager.
5.0 All insurance must be written by an insurer licensed to conduct business in
the State of Texas, unless otherwise permitted by City. The Contractor shall, at his
own expenses, purchase, maintain and keep in force insurance that will protect
against injury and/or damages which may arise out of or result from operations
under this contract, whether the operations be by himself or by any subcontractor
or by anyone directly or indirectly employed by any of them, or, or by anyone for
whose acts any of them may be liable of the following types and limits (no insurance
policy or certificate of insurance required below shall contain any aggregate policy
year limit unless a specific dollar amount (or specific formula for determining a
specific dollar amount) aggregate policy year limit is expressly provided in the
specification below which covers the particular insurance policy or certificate of
insurance).
5.1 Standard Worker's Compensation Insurance (with Waiver of Subrogation in
favor of the City of Port Arthur, its officers, agents and employees).
5.2(a) Bodily Injury $500,000 single limit per occurrence or $500,000 each
person/S500,000 occurrence for contracts of $100,000 or less; or
The term "Contract Documents" means and includes the following:
(A) Agreement
(B) Information to Bidders
(C) Bid Sheets
(D) General Conditions
(E) Notice of Award
(F) Notice to Mow
(G) Technical Specifications
6. The City will pay to the Contractor in the manner and at such times
as set forth in the General Conditions such amounts as required by the Contract
Documents
7. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors, administrators, successors and assigns.
8. IN WITNESS WHEREOF, the parties hereto have executed, or
caused to be executed by their duly authorized officials, this agreement in
( copies) each of which shall be deemed an original on the date first above
written.
l0
FEDERAL REQUI]REMENTS
PAGES 1-29
Table of Contents
1. Fly America Requirements
2. Buy America Requirements
3. Cargo Preference Requirements
4. Energy Conservation Requirements
5. Clean Water Requirements
6. Bus Testing
7. Pre-Award and Post Delivery Audit Requirements
8. Lobbying
9. Access to Records and Reports
10. Federal Changes
11. Clean Air
12. Contract Work Hours and Safety Standards Act
13. No Government Obligation to Third Part/es
14. Program Fraud and False or Fraudulent Statements and Related Acts
15. Termination
16. Government-wide Debarment and Suspension (Non-procurement)
17. Privacy Act
18. Civil Rights Requirements
19. Breaches and Dispute Resolution
20. Disadvantaged Business Enterprises (DBE)
21. State and Local La,v Disclaimer
22. Incorporation of Federal Transit Adrninistration (FTA) Terms
Bidders are strongly advised to read and adhere to all signature and contractual
requirements. Requirements are specifically outlined within this Contract
Agreement. Failure to comply with all requirements could result in the bid being
rejected as non-responsive.
Feder, ./Required and other Model Contract L..,uses 2
1. 'FLY AMERICA REQUIREMENTS
49 USC § 4O118
41 CFR Part 301-10
Applicability to Contracts
The Fly America requirements apply to the transportation of persons or property, by air,
between a place in the U.S. and a place outside the U.S., or between places outside the U.S.,
when the FTA will participate in the costs of such air transportation. Transportation on a
foreign air carrier is permissible when provided by a foreign air carrier under a code share
agre.ement when the ticket identifies the U.S. air carrier's designator code and flight number.
Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air
transportation agreement to which the U.S. Government and a foreign government are parties
and which the Federal DOT has determined meets the requirements of the Fly America Act.
Flow Down Requirements
The Fly America requirements flow down from FTA recipients and subrecipients to first tier
contractors, who are responsible for ensuring that lower tier contractors and subcontractors are
in compliance.
Model Clause/Language
The relevant statutes and regulat/ons do not mandate any speciiied clause or language. FTA
proposes the following language.
Fly America Requirements - The Contractor agrees to comply with 49 USC § 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. Governmentdinanced international
air travel and transportation of their personal effects or property, to the extent such service is
available, tmless travel by foreign air carrier is a matter of necessity, as defined by the Fly
America Act. The Contractor shall submit, ii 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.
2. BUY AMERICA REQUIREMENTS
49 USC § 53230)
49 CFR Part 661
Applicability to Contracts
The Buy America requirements apply to the following types of contracts: Construction
Contracts and Acquisition of Goods or I~ollfing Stock (valued at more than $100,000).
Flow Down
The Buy America requirements flow down from FTA recipients and subrecipients to first tier
contractors, who are responsible for ensuring that lower t/er contractors and subcontractors are
in compliance.
Feder, ~ Required and other Model Contract C..uses 3
Mandatory Clause/Language
The Buy America regulation, at 49 CFR § 661.13, requires notification of the Buy America
requirements in FTA-funded contracts, but does not specify the language to be used. The
following language has been developed by FTA.
Buy America - The contractor agrees to comply with 49 USC § 5323(j) and 49 CFR 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 CFR § 661.7, and include final assembly in the United States for 15 passenger vans and 15
passenger wagons produced by Chrysler Corporation, microcomputer equipment, software,
and small purchases (cmrrently less than $100,000) made with capital, operating, or planning
funds. Separate requirements for rolling stock are set out at 5323(,j)(2)(C) and 49 CFR § 661.11.
Rolling stock not subject to a general waiver must be manufactured in the United States and
have a 60 percent domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids on FTA-funded contracts, except those subject to a general waiver. Bids or
offers that are not accompanied by a completed Buy America certiication must be rejected as
non-responsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured produc~s.
Certificate of Compliance with 49 USC § 5323(j)(1)
The bidder or offeror hereby certiies that it will meet the requirements of 49 USC § 5323(j)(1)
and the applicable regulations in 49 CFR Part 661.
Date
Signature
Company Name
Title
Certificate of Non-Compliance with 49 USC § 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC §
5323(j)(1), but it may qualify for an exception pursuant to 49 USC § 5323(j)(2)(B) or (j)(2)(D) and
the regulations in 49 CFR § 661.7.
Date
Signature
Company Name
... Federa,,y Required and other Model Contract C~,~uses 4
Title
Certification requirement for procurement of buses, other rolling stock and associated
equipment.
Certificate of Compliance with 49 USC § 5323(j)(2)(C).
Tine bidder or offeror hereby certifies that it will comply with the requirements of 49 USC §
5323(~)(2)(C) and the regulations at 49 CFR Part 661.
Dat~
Siguature
Company Name
Title
Certificate of Non-Corapliance with 49 USC § 5323(j)(2)(C)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 USC §
5323(j)(2)(C), but may qualify for an exception pursuant to 49 USC § 5323(j)(2)(B) or (j)(2)(D) and
the regulations tn 49 CFR § 661.7.
Date
Signature
Company Name
Title
3. CARGO PREFERENCE REQUIREMENTS
46 USC § 1241
46 CFR Part 381
Applicability to Contracts
The Cargo Preference requirements apply to all contracts involving equipment, materials, or
commodit/es that may be transported by ocean vessels.
Flow Down
The Cargo Preference requirements apply to all subcontracts when the subcontract may be
involved with the transport of equipment, material, or commodities by ocean vessel.
Model Clause/Language
The MARAD regulations at 46 CFR § 381.7 contain suggested contract clauses. The following
language is proffered by FTA.
... Feder~...y Required and other Model Contract t.,auses 5
Cargo Preference - Use of Un, ted 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 pursua~tt 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 wifl'dn 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
prec.eding 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.
4. ENERGY CONSERVATION REQUIREMENTS
42 USC § 6321 et seq.
49 CFR Part 18
Applicability to Contracts
The Energy Conservation requirements are applicable to all contracts.
Flow Down
The Energy Conservation requirements extend to all third party contractors and their contracts
at every tier and subrecipients and their subagreements at every tier.
Model Clause/Language
No specific clause is recommended in the regulations because the Energy Conse~wation
requirements are so dependent on the state energy conservation plan. The following language
has been developed by FTA.
Energy Conservation - The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act.
5. CLEAN WATER REQUIREMENTS
33 USC § 1251
Applicability to Contracts
The Clean Water requirements apply to each contract and subcontract which exceeds $100,000.
Flow Down
The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.
Model Clause/Language
While no mandatory clause is contained in the Federal Water Pollution Control Act, as
amended, the following language developed by FTA contains ail the mandatory requirements.
..~ Federa,~y Required and other Model Contract t,~auses 6
Cl~an'Waier - (1) The Contractor agrees to comply with all appl/cable standards, orders or
reguIafions issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §
1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceedihg
$100,000 financed in whole or in part with Federal assistance provided by FTA.
6. B. US TESTING
49 USC § 5323(c)
49 CFR Part 665
ApplicabLIity to Contracts
The Bus Testing requirements pertain only to the acquisition of Rolling Stock/Turnkey.
Flow Down
The Bus Testing requirements should not flow down, except to the turnkey contractor as stated
in Master Agreement.
Model Clause/Language
Clause and language therein are merely suggested. 49 CFR Part 665 does not contain specific
language to be included in third party contracts but does contain requirements applicable to
subrecipients and third party contractors. Bus Testing Certification and language therein are
merely suggested.
Bus TestSng - The Contractor [Manufacturer] agrees to compl7 with 49 USC § A 5323(c) and
FTA's implementing regulation at 49 CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components
or configuration shall provide a copy of the final test report to the recipient at a point in the
procurement process specified by the recipient which will be prior to the recipient's final
acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide not/ce to the
operator of the testing facility that the report ks available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold
should have the ident%al configuration and major components as the vehicle in the test report,
which must be provided to the recipient prior to recipient's final acceptance of the first vehicle.
If the configuration or components are not identScal, the manufacturer shall provide a
description of the change and the manufacturer's basis for concluding that it is not a major
change requiring additional testing.
4) If the manufacturer represents that the vehicle is "grand-fathered" (has been used in mass
eransit service in the United States before October 1, 1988, and is currently being produced
without a major change in configuration or components), the manufacturer shall provide the
Federa,.~ Required and other Model Contract C~,,ases 7
name ~nd ~ddre$$ of the recipient of such a vehicle and the details o£ that vehicle's
cortfigurat/on and major components.
CERTIFICATION OF COMPLIANCE WITH FTA's BUS TESTING REQUIREMENTS
The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this
procurement complies with 49 USC § A 5323(c) and FTA's implementing regulation at 49 CFR
Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle acquired with
Federal financial assistance may subject the undersigned to civil penalties as outlined in the
Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31.
In addition, the undersigned understands that FTA may suspend or debar a manufacturer
under the procedures in 49 CFR Part 29.
Date:
Signature:
Company Name:
Title:
7. PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS
49 USC § 5323
49 CFR Part 663
Applicability to Contracts
These requirements apply only to the acquisition of Rolling Stock/Turnkey.
Flow Down
These requirements should not flow down, except to the turnkey contractor as stated in Master
Agreement.
Model Clause/Language
· Clause and language therein are merely suggested. 49 CFR 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 CFR § 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 CFR § 661.12, but has been modified to include FTA's Buy America requirements codified at
49 USC § A 5323(j).
~. Federa,,y Required and other Model Contract C~auses 8
Pre-Award and Post-Delivery Audit Requirements - The Contractor agrees to comply with 49
USC § 5323(1) and FTA's implementing regulation at 49 CFR Part 663 and to submit the
following certifications:
(1) Buy America Requirements: The Contractor shah complete and submit a declaration
certifying either compliance or noncomphance 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
par~, their country of origin and costs; and 2) the location of the final assembly point for the
rol/ing stock, including a descr/ption of the activities that will take place at the final assembly
point and the cost of final assembly.
(2) Solicitat/on Specification Requirements: The Contractor shah submit evidence that it will be
capable of meeting the bid specifications.
(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shah submit 1)
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 REQUIREMENr~
FOR BUSES, OTHER ROLLING STOCK, OR'ASSOCIATED EQUIPMENT
(To be subraitted with a bid or offer exceeding the small purchase threshold for Federal assistance
programs, currently set at $100,000.)
Cer~icate of Compliance
The bidder hereby certifies that it will comply with the requirements of 49 USC § Section
5323(j)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
amended, and the regulations of 49 CFR § 661.11:
Date:
Signature:
Compan7 Name:
Title:
Certificate of Non-Compliance
The bidder hereby certifies that it cannot comply with the requirements of 49 USC § Sect/on
5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
amended, but may qualify for an exception to the requirements consistent with 49 USC §
Federa.y Required and other Model Contract Ctauses 9
Sectio&s 5323(j)(2)(g) or (j)(2)(D), Sections 165('o)(2) or 00)(4) of the Surface Transportation
Assistance Act, as amended, and regu/a tions in 49 CFR § 661.7.
Date:
Signature:
Company Name:
Title:
8. LOBBYING
31 USC § 1352
49 CFR Part 19
49 CFR Part 20
Applicability to Contracts
The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisit/on
of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey
contracts.
Flow Down
The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Ant/-
Lobbying Amendment, 31 USC § 1352(o)(5) and 49 CFR Part 19, Appendix A, Section 7.
Mandator7 Clause/Language
- Clause and spec/tic language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995, PL 104-65 [to be codified at 2 USC § 1601, et seq.l
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by 31 USC § 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of
1995, and DOT implementing regulation, e tqestrlctions on Lobbying," at 49 CFR § 20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7,
which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.
Modifications have been made to the Lobbying Certification pursuant to Section 10 of the
Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Append/x B of 49
CFR Part 20, as amended by "Govermment wide Guidance For New Restrictions on Lobbying,"
61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti-Lobbying Amendment, 31 USC § 1352, as amended by the Lobbying Disclosure Act
of 1995, PL 104-65 [to be codified at 2 USC § 1601, et seq.] - Contractors who apply or bid for an
... Federally Required and other Model Contract Clauses 10
award of $100,000 or more shall file the cer~icahon required by 49 CFR Part20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of
Congress, or an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 USC § 1352. Each her shah also disclose the
name of any re~strant under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or
award covered by 31 USC § 1352. Such disclosures are forwarded from t/er to tier up to the
recip, ient.
APPENDIX A, 49 CFR Part 20-CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperat/ve Agreements
(To be submitted with each bid or offer exceeding $100,000)
The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to Lrffluence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shah complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions [as amended by "Government wide Guidance for New
Resttictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein
has been modified in accordahce with Section 10 of the Lobbying Disclosure Act of 1995 (PL
104-65, to be codified at 2 USC § 1601, et seq.)]
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all t/ers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certLfication is a material representation of fact upon which reliance was placed ',,,'hen thSs
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by 31, USC § 1352 (as amended by the
Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
Federally Required and other Model Contract Clauses 11
subfect' to a 'civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
[Note: Pursuant to 31 USC § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure
or fails to file or amend a required certification or disclosure form shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such expenditure or
failure.]
The Contractor, , certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, ff any. In addition, the Contractor understands and
agrees that the provisions of 31 USC § A 3801, et seq., apply to this certification and disclosure, ff
any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official
Date
9. ACCESS TO RECORDS AND REPORTS
49 USC § 5325
18 CFR § 18.36 (i)
49 CFR § 633.17
Applicability to Contracts
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
Flow Down
FTA does not require the inclusion of these requirements in subcontracts.
Model Clause/Language
The specified language is not mandated by the statutes or regulations referenced, but the
language provided paraphrases the statutory or regulatory language.
Access to Records - The following access to records requirements apply to this Contract:
1. 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 USC § 5302(a)1, which is receiving federal financial assistance through the
programs described at 49 USC § 5307, 5309 or 5311.
2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient
in accordance with 49 CFR § 633.17, Contractor agrees to provide the Purchaser, the FTA
Admirdstrator or his authorized representatives, including any PMO Contractor, access to the
Federally Required and other Model Contract Clauses 12
Contractor's records and construction sites pertaining to a major capital project, defined at 49
USC § 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 USC § 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less
than the simplified acquisition threshold currently set at $100,000.
3. 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 CFR § 19.48, Contractor agrees to provide the Purchaser, FTA
AdrrCnistrator, the Comptroller General of the United States or any of theh: 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.
4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 USC § 5325(a) enters into a contract for a capital project or improvement
(defined at 49 USC § 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.
5. The Contractor agrees to perm/t any of the foregoing parties to reproduce b7 any means
whatsoever or to copy excerpts and transcriphons as reasonably needed.
6. 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(0(11).
7. FTA does not require the inclusion of these requirements in subcontracts.
Requirements for Access to Records and Reports by Types of Contract
Contract Operatio Turnkey Constmcti Architectu Acquisitio Pr0fegsiOn
Characteristi naI on ral n of al Services
cs Service Engineeri Roiling ;
Contract StOck
[ i'Siate ........
Grantees None Those None None None None
imposed on
a. Contracts state pass
below SAT None thru to Yes, if ! None None , None
($100,000) unless~ Contractor non- unless unless i unless
non- comvetitiv non- non- non-
Federa.,y Required and other Model Contract t..auses 13
Contracts compe e award or competifiv compe~t/v compe~v
above ye award if funded e award e award e award
$100,000/Ca thru2
pital Proiects 5307/5309
....... /5317 ............
Grantees Those
Yes3 imposed on Yes Yes Yes Yes
a. Contracts ~ non-state
below SAT Yes3 Grantee Yes Yes Yes Yes
($100,000) pass thru to
b. Contracts Contractor
above
$100,000/Ca
pit~l Projec, ts ..............
Sources of Authority:
~ 49 USC § 5325 (a)
2 49 CFR § 633.17
318 CFR § 18.36 (i)
10. FEDERAL CHANGES
49 CFR Part 18
Applicability to Contracts
The Federal Changes requirement applies to all contracts.
Flow Down
The Federal Changes requirement flows down appropriately to each applicable changed
requirement.
Model Clause/Language
No specific language is mandated. The foIJowing language has been developed by FTA.
Federal Changes - Contractor shah at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without lirrdtation those listed directly or by
reference in the Agreement (Form FTA MA (6) dated October, 1999) between Purchaser and
FTA, as they may be amended or promulgated from time to time during the term of this
contract. Contractor's failure to so comply shall constitute a material breach of this contract.
11. CLEAN AIR
42 USC § 7401 et seq.
40 CFR § 15.61
49 CFR Part 18
Applicability to Contracts
,., Federally Required and other Model Contract Clauses 14
The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite
quantifies where the amotmt is expected to exceed $100,000 in any year.
Flow Down
The Clean Air requirements flow down to all subcontracts that exceed $100,000.
Model Clauses/Language
No specific language is required. FTA has proposed the following language.
Cleart Air - (1) The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 USC § 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.
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
40 USC § 327 -333 (1995)
29 CFR § 5 (1995)
29 CFR § 1926 (1995)
Apphcabi[ity to Contracts
Section 102 of the Act, which deals with overtime requirements, apphes to:
- all construction contracts in excess of $2,000 and;
- ail turnkey, rolling stock and operational contracts (excluding contracts for transportation
services) in excess of $2,500.
(The dollar threshold for ti'ds requirement is contained in the current regulation 29 CFR § 5.15.)
Section 107 of the Act that deals with OSHA requirements applies to construction contracts in
excess of $2,000 only. The requirements of this section do not apply to contracts or subcontracts
for the purchase of supplies or materials or articles normally available on the open market.
Flow Down
Apphes to tlzird party contractors and subcontractors.
Model Clauses/Language
Pursuant to Section 102 (Overtime):
( These clauses are specifically mandated under DOL regulation 29 CFR § 5.5 and when
preparing a construction contract in excess of $2,000 these clauses should be used in conjunction
with the Davis-Bacon Act clauses as discussed previously. For nonconstruction contracts, this is
the onl7 section required along with the payroll section.)
Federa~ty Required and other Model Contract Clauses 15
(l) OvertiMe requirements - No contractor or subcontractor contracting for any part o[ He
con~ract work which may require or involve the employment of laborers or mechanics shah
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-haft times the basic rate
of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; habflity for unpaid wages; liquidated damages - In the event of any violatSon of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefor shah be table for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States for liquidated damages. Such hquidated
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 or recipient ) shall upon its own action or upon written request of an authorized
representative of the Department of Labor witl~hold 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) Subcontracks - The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in 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 this section.
( Section 102 nonconstruction contracts should also have the following provision:)
(5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shah contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section lCo)(2)(B) of the Davis-Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR § 5.5(a)(1)(iv) that the wages of any laborer or
mechamc include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
,., Federally Required and other Model Contract Clauses 16
the plan or program is £inanciedly responsible, and that the plan or program has been
corarnunicated in writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registraibon of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
Section 107 (OSHA):
(This section is applicable to construction contracts only)
Contract Work Hours and Safety Standards Act - (i) The Contractor agrees to comply with
section 107 of the Contract t Work Hours and Safety Standards Act, 40 USC § section 333, and
applicable DOL regulations, "Safety and Health Regulations for Construction" 29 CFR Part
1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic
to work in unsanitary, hazardous, or dangerous surroundings or working conditions.
(ii)Subcontracts - The Contractor also agrees to include the requirements of this section in each
subcontract. The term "subcontract" under this section is considered to refer to a person who
agrees to perform any part of the labor or material requirements of a contract for construction,
alteration or repair. A person who undertakes to perform a portion of a contract involving the
furnishing of supplies or materials will be considered a "subcontractor" under this section if the
work in question involves the performance of construction work and is to be performed: (1)
directly on or near the construction site, or (2) by the employer for the specific project on a
customized basis. Thus, a supplier of materials which will become an integral part of the
cons~uction is a "subcontractor" if the supplier fabricates or assembles the goods or materials in
question specifically for the construction project and the work involved may be said to be
construction activity. If the goods or materials in question are ordinarily sold to other customers
from regular inventory, the supplier is not a "subcontractor." The requirements of this section
do not apply to contracts or subcontracts for the purchase of supplies or materials or articles
normall7 available on the open market.
13. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.
Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this
concept should flow down to all levels to clarify, to all parties to the contract, that the Federal
Government does not have contractual liability to third parties, absent specific written consent.
Model Clause/Language
While no specific language is required, FTA has developed the following language.
No Obligation by the Federal Government.
~., Federally Required and other Model Contract Clauses 17
(1) The Purchaser and Cont-racfor acknowledge and agree that, notwlthstand/.ng 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 shah 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.
14. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED
ACTS
31 USC § 3801 et seq.
49 CFR Part 31 18 USC § 1001
49 USC § 5307
Applicability to Contracts
These requirements are applicable to all contracts.
Flow Down
These requirements flow down to contractors and subcontractors who make, present, or submit
covered claims and statements.
Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.
Program Fraud and False or Fraudulent Statements or Related Acts.
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act
of 1986, as amended, 31 USC § 3801 et seq.. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of the
underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
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
ff it makes, or causes to be made, a false, fictitious, or fraududent 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, subrrdssion, 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 USC § 5307, the Government reserves the
right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Contractor, to the
extent the Federal Government deems appropriate.
Federa,,y Required and other Model Contract C,,:uses 18
(3) Tae Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with FederaI ass/stance 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.
15. TERMINATION
49 USC Part 18
FTA Circular 4220.1D
Applicability to Contracts
All contracts (with the except/on of contracts with nonprofit organizations and institutions of
high'er education,) in excess of $10,000 shall contain suitable provisions for termination by the
grantee including the manner by which it will be effected and the basis for settlement. (For
contracts with nonprofit organizations and institutions of higher education the threshold is
$100,000.) In addition, such contracts shall describe conditions under which the contract may be
terminated for default as well as conditions where the contract may be terminated because of
circumstances beyond the control of the contractor.
Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the exception
of contracts with nonprofit organizations and inshtutions of higher learning.
Model Clause/Lanomaage
FTA does not prescribe the form or content of such clauses. The following are suggestions of
clauses to be used in different types of contracts:
a. Termination for Convenience (General Provision) The City of Port Arthur may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in the
Government's best interest. The Contractor shall be paid its costs, including contract closeout
costs, and profit on work performed up to the t/me of termination. The Contractor shall
promptly submit its term/nation claim to City of Port Arthur to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City of Port Arthur, the
Contractor will account for the same, and dispose of it in the manner the City of Port Arthur
directs.
b. Term/nation for Default [Breach or Cause] (General Provision) If the Contractor does not
deliver supplies in accordance with the contract delivery schedule, or, if the contract is for
services, the Contractor fails to perform in the mariner called for in the contract, or ff the
Contractor fails to comply with any other provisions of the contract, the City of Port Arthur
may terminate this contract for default. Termination shall be effected by serving a notice of
termination on the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the City of Port Arthur that the Contractor had an excusable reason
for not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the control of the Contractor, the City of Port Arthur, after setting up a new delivery of
Federally Required and other Model Contract Clauses 19
performance schedule, may allow the Contractor to continue work, or treat the term/na~n as a
termina fion for convenience.
c. O?portuni~y to Cure (General Provision) The City of Port Arthur in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately short
period of time] in which to cure the defect. In such case, the notice of terrrfination wig state the
time period in wlfich cure is permitted and other appropriate conditions
If Contractor fails to remedy to City of Port Arthur's satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Con~ractor or written notice from City of Port Arthur setting forth the nature of said breach or
default, City of Port Arthur shall have the right to terminate the Contract without any further
obligation to Contractor. Any such termination for default shag not in any way operate to
preclude City of Port Arthur from also pursuing al1 available remedies against Contractor and
its stLreties for said breach or default.
d. Waiver of Remedies for any Breach In the event that City of Port Arthur elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract, such
waiver by City of Port Arthur shall not limit City of Port Arthur's remedies for any succeeding
breach of that or of any other term, covenant, or condition of this Contract.
e. Termination for Convenience (Professional or Transit Service Contracts) The City of Port
Arthur, by written notice, may terminate th~s con~ract, in whole or in part, when it is in the
Government's interest. If this contract is terminated, the Recipient shall be liable only for
payment under the payment provisions of this contract for services rendered before the
effective date of termination.
f. Termination for Default (Supplies end Service) If the Contractor fails to deliver supplies or to
perform the sezwices within the time specified in this contract or any extension or if the
Contractor fails to comply with any other provisions of this contract, the City of Port Arthur
may terminate this contract for default. The City of Port Arthur shaI1 terminate by delivering to
the Contractor a Notice of Term/nation specifying the nature of the default. The Contractor will
only be paid the contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as ff the
termination had been issued for the convenience of the Recipient.
g. Termination for Default (Transportation Services) If the Contractor fails to pick up the
commodities or to perform the services, including delivery services, within the time specified in
this contract or any extension or if the Contractor fails to comply with any other provisions of
this contract, the City of Port Arthur may term/hate this contract for default. The City of Port
Arthur shah terminate by deliverLng to the Contractor a Notice of Termination specifying the
natz~re of default. The Contractor will only be paid the contract price for services performed in
accordance with the manner of performance set forth in this contract.
Federm~y Required and other Model Contract C,auses 20
If thls ~ontr'act is terminated while the Contractor has possession of Recipient goods, the
Conh'ac~or shall upon direction o£ the City of Port Arthur, protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and City of Port Arthur shah agree on
payment for the preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
IL after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as ff the
termination had been issued for the convenience of the City of Port Arthur
h. Tdrmination for Default (Construction) If the Contractor refuses or fails to prosecute the work
or any separable part, with the diligence that will insure its completion within the time specified
in this contract or any extension or fa/is to complete the work within this time, or ff the
Contractor fails to comply with any other provisions of tlm contract, the City of Port Arthur
may terminate this contract for default. The City of Port Arthur shall terminate by delivering to
the Contractor a Not/ce of Terminat/on specifying the nature of the default. In this event, the
Recipient may take over the work and compete it by contract or otherwise, and may take
possession of and use any materials, appliances, and plant on the work site necessary for
completing the work. The Contractor and its surer/es shall be liable for any damage to the
Recipient resulting from the Contractor's refusal or failure to complete the work within
specified time, whether or not the Contractor's right to proceed with the work is terminated.
This liabii/ty includes any increased costs incurred by the Recipient in completing the work.
The Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages trader this clause il-
l. the delay in completing the work arises from urfforeseeable causes beyond the control and
without the fault or negligence of the Contractor. Examples of such causes include: acts of God,
acts of the Redpient, acts of another Contractor in the performance of a contract with the
Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. the contractor, within [10] days from the begirming of any delay, notifies the City of Port
Arthur in writing of the causes of delay. If in the judgment of the City of Port Arthur, the delay
is excusable, the time for completing the work shall be extended. The judgment of the City of
Port Arthur shall be final and conclusive on the parties, but subject to appeal under the
Disputes clauses.
If, after termination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
i. Termination for Convenience or Default (Architect and Engineering) The City of Port Arthur
may terminate this contract Ln whole or in part, for the Recipient's convenience or because of the
failure of the Contractor to fulfi/l the contract obligations. The City of Port Arthur shah
tern'finate by delivering to the Contractor a Notice of Termination specifying the nature, extent,
and effective date of the termination. Upon receipt of the notice, the Contractor shah
in'm~ediatel7 disconhnue all services affected (unless the notice directs otherwise), and (2)
Federa,,y Required and other Model Contract Clauses 21
delive~ to the Con,ratting Officer all data, drawings, specifications, reports, estimates,
sunm~aries, and other information and materials accumulated in performing this contract,
whether completed or in process.
If the termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shah allow no anticipated profit on unperformed
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contact or otherwise and the Contractor shall be liable for any
addi'tionaI cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in defaalt, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Recipient.
j. Termination for Convenience of Default (Cost-Type Contracts) The City of Port Arthur may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the City of Port
Arthur or for the default of the Contractor. If the termination is for default, the notice shall state
the manner in which the contractor has failed to perform the requirements of the contract. The
Contractor shall account for any property in its possession paid for from funds received from
the City of Port Arthur, or property supplied to the Contractor by the Ci,ty of Port Arthur If the
termination is for default, the City of Port Arthur may fix the fee, if the contract provides for a
fee, to be paid the contractor in proportion to the value, if any, of work performed up to the
time of termination. The Contractor shall promptly submit its termination claim to the City of
Port Arthur and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of the City of Port Arthur, the Contractor shall be paid
its contract closeout costs, and a fee, ff the contract provided for payment of a fee, in proportion
to the work performed up to the time of termination.
If, after serving a notice of termination for default, the City of Port Arthur determines that the
Contractor has an excusable reason for not performing, such as strike, fire, flood, events which
are not the fault of and are beyond the control of the contractor, the City of Port Arthur, after
setting up a new work schedule, may allow the Contractor to continue work, or treat the
termination as a termination for convenience.
16. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NON-PROCUREMENT)
49 CFR Part 29
Executive Order 12549
Applicability to Contracts
Executive Order 12549, as implemented by 49 CFR Part 29, prohibits PTA recipients and sub-
recipients from contracting for goods and services from organizations that have been
suspended or debarred from receiving Federally assisted contracts. As part of their applications
each year, recipients are required to submit a certification to the effect that they will not enter
... Federally Required and other Model Contract Clauses 22
into contracts over $100,000 wiLh suspended or debarred contractors and that they wi11 require
their contractors (and their subcontractors) to make the same certification to them.
Flow Down
Contractors are required to pass this requirement on to subcontractors seeking subcontracts
over $100,000. Thus, the terms "lower tier covered participant" and "lower her covered
transaction" include both contractors and subcontractors and contracts and subcontracts over
$100,000.
Mod~l Clause/Language
(Instructions) The certification and instruction language is contained at 29 CFR Part 29,
Appendix B, and must be included in IFB's and P',FP's [for inclusion by contractors in their bids
or proposals] for all contracts over $100,000, regardless of the type of contract to be awarded. ·
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Lower Tier Covered Transactions (Third Party Contracts over $100,000).
Instructions for Certification
1. By signing and submitting this bid or proposal, the prospective lower tier participant is
providing the signed certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when th2s transaction was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, City of Port Arthur may pursue available
remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to City of Port
Arthur if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," :"participant," "persons," "lower tier covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may
contact City of Port Arthur for assistance in obtaining a copy of those regulations.
$. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not 'knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized in
writing by City of Port Arthur
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
Feder~.,,y Required and other Model Contract Ctauses 23
Vol~mtary Exclusion - Lower Tier Covered Tr ansactioff', without modification, in all lower tier
covered transactions and in aii solicitations for lower t/er covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the
Nonprocurement List issued by U.S. General Service Administration.
8. Ncthing contained in the foregoing shall be construed to require establishment of system of
records in order to render in good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in
a covered transaction kno*vingly enters into a lower tier covered transaction with a person who
is suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to all remedies available to the Federal Government, City of Port Arthur
may pursue avai/able remedies including suspension and/or debarment.
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Tier Covered Transaction"
(1) The prospective lov:er tier participant certifies, b7 subrrrission of this bid or proposal, that
neither it nor its "principals" [as defined at 49 CFR § 29.105(p)] is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) When the prospective lower tier participant is unable to certify to the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
17. PRIVACY ACT
5 USC § 552
Applicability to Contracts
When a grantee maintains files on drug and alcohol enforcement activities for FI'A, and those
files are organized so that information could be retrieved by personal identifier, the Privacy Act
requirements apply to all contracts.
Flow Down
The Federal Privacy Act requirements flow down to each third party contractor and their
contracts at every tier.
Model Clause/Language
The text of the following clause has not been mandated by statute or specific regulation, but has
been developed b7 FTA.
.. Feder,~dy Required and other Model Contract Clauses 24
Contracts Involvfl~g Federal Privacy Act Requirements - The following requirements apply to
the Contractor and its employees that adm/rdster any system of records on behalf of the Federal
Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the
information restrictions and other applicable requirements of the Privacy Act of 1974,
5 USC § 552a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on
behalf of the Federal Government. The Contractor understands that the requirements of the
Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those
individuals involved, and that failure to comply with the terms of the Privacy Act may result in
termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer
any system of records on behalf of the Federal Government financed in whole or in part with
Federal assistance provided by FTA.
18. CIVIL RIGHTS REQUIREMENTS
29 USC § 623, 42 USC § 2000
42 USC § 6102, 42 USC § 12112
42 USC § 12132, 49 USC § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
Applicability to Contracts
The Civil Rights Requirements appiy to all contracts.
Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at
every tier.
Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but
FTA has shorten the lengthy text.
Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC
§ 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section
202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49
USC § 5332, the Contractor agrees that it will not discriminate against any employee or
applicant for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the Contractor agrees to comply with applicable Federal implementing regulations
and other implementing requirements FTA may issue.
Federany Required and other Model Contract Clauses 25
(2) Equal Em?loyrnent Opportuni~ - The following equal employmene opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 5332, the 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 CFR Parts 60 et seq.., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," 42 USC § 2000e note), and with any apphcable 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 terrrdnahon; 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.
(b) Age - In accordance with section 4 of the Age Discrin~ination in Employment Act of 1967, as
amended, 29 USC § 623 and Federal transit law at 49 USC § 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as
amended, 42 USC § 12112, the Contractor agrees that it will comply with the requirements of
U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to identify
the affected parties.
19. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1D
Applicability to Contracts
All coneracts in excess of $100,000 shall contain provisions or condit/ons which will allow for
admirdstrative, 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.
,.. Feder,~,~y Required and other Model Contract Clauses 26
Flow Down
The Breaches and Dispute Resolutions requirements tong do~vn to al/tiers.
Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions are developed
wilI depend on the circumstances and the type of contract. Recipients should consult legal
counsel in developing appropriate clauses. The following clauses are examples of provisions
from various FTA third party contracts.
Disgutes - Disputes arising in the performance of this Contract which are not resolved by
a~reement of the parries shall be decided in writing by the authorized representarive of City of
Port Arthur's [title of employee]. Th/s decision shall be final and conclusive unless within [ten
(10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the [rifle of employee]. In connecrion with any such appeal, the Contractor
shall be afforded an opportunity to be heard and to offer evidence in support of its posirion. The
decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall
abide be the decision.
Performance During Dispute - Unless otherwise directed by City of Port Arthur, Contractor
shall continue performance under this Contract while matters In dispute are being resolved.
Claims for Damages - Should either party to the Contract suffer injury or damage to person or
property because of any act or orrdssion of the party or of any of his employees, agents or others
for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such
other party within a reasonable time after the first observance of such injury of damage.
Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City of Port Arthur and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitrarion if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the City of Port Arthur is
located.
Rights and Remedies - The duries and obligations imposed by the Contract Documents and the
rights and remedies available thereunder shall be in addition to and not a Limitarion of any
duties, obligations, rights and remedies otherwise imposed or available by law. No acrion or
failure to act by the City of Port Arthur, (Architect) or Contractor shall constitute a waiver of
any right or duty afforded any of them under the Contract, nor shall any such acrion or failure
to act constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed In writing.
20. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Applicability to Contracts
DEE provisions only apply to all DOT-assisted contracts. Disadvantaged Business Enterprise
Provision
Fede~,,,ly Required and other Model Contract Clauses 27
1. The Federal Fiscal Year goal has been set by City of Port Arthur in an attempt to match
projected procurements with available qualified disadvantaged businesses. City of Port
Arthur's goals for budgeted service contracts, bus parts, and other material and supplies for
Disadvantaged Business Enterprises have been estabhshed by Cit7- of Port Arthur as set forth by
the Department of Transportation Regulations 49 CFR Part 23, March 31, 1980, and amended by
Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent
to any Contract Agreement resulting from this request for proposal.
If a ~pedfic DBE goal is assigned to this Contract Agreement, it will be clearly stated in the
Special Specifications, and if the Contractor is found to have failed to exert sufficient,
reasonable, and good f~th efforts to involve DBE's in the work provided, City of Port Arthur
may declare the Contractor non-complaint end in breach of Contract Agreement. If a goal is not
stated in the Special Specifications, it will be understood that no specific goal is assigned to this
Contract Agreement.
(a) Policy - It is the pohcy of the Department of Transportation and City of Port Arthur that
Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, and as amended in Section
106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have
the maximum opportunity to participate in the performance of Contract Agreement financed in
whole or in part with federal funds under this Contract Agreement. Consequently, the DBE
requirements of 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, apply to th_is
Contract Agreement.
The Contractor agrees to ensure that DBE's as defined in 49 CFR Part 26 and Section 106(c) of
the 5TURAA of 1987, have the maximum opportunity to participate in the whole or in part with
federal funds provided under this Contract Agreement. In this regard, the Contractor shall take
ell necessary and reasonable steps in accordance with the regulations to ensure that DBE's have
the maximum opportunity to compete for and perform subcontracts. The Contractor shall not
discriminate on the basis of race, color, national origin, rehgion, sex, age or physical handicap in
the award and performance of subcontracts.
It is further the policy of City of Port Arthur to promote the development and increase the
participation of businesses owned and controlled by disadvantaged. DBE involvement in all
phases of City of Port Arthur's procurement activities is encouraged.
(b) DBE obligation - The Contractor end its subcontractors agree to ensure that disadvantaged
businesses have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with federal funds provided under the Contract
Agreement. In that regard, ell Contractors and subcontractors shah take all necessary and
reasonable steps in accordance with 49 CFR Part 26 as amended, to ensure that minority
business enterprises have the maximum opportunity to compete for end perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts to involve DBE's in the work provided, the City of Port Arthur may declare the
Contractor non-complaint end in breach of Contract Agreement.
Feder,,,~y Required and other Model Contract Clauses 28
(d) ¢he Con~ractor w~l keep records and documents for a reasonable t/me £ollowhng
performance o~ tlais Contract Agreement to indicate compliance With City of Port Arthur's DBE
program. These records and documents will be made available et reasonable times and places
for inspection by any authorized representative of City of Port Arthur and will be submitted to
City of Port Arthur upon request.
(e) City of Port Arthur will provide affirmative assistance as may be reasonable and necessary
to assist the prime Contractor in implementhag their progran~s for DBE participation. The
assistance may include the following upon request:
* Identification of qualified DBE
* Available hsting of Minority Assistance Agencies
* Holding bid conferences to emphasize requirements
2. DBE Program Definitions, as used in the Contract Agreement:
(a) Disadvantaged business "means a small business concern":
i. Which is at least 51 percent owned by one or more socially and economically cllsadvantaged
individuals, or, in the case of any publid7 owned business, at least 51 percent of the stock of
wi'rich is owned by one or more socially and economically disadvantaged individuals; and
ii. Whose management and daily business operations are controlled by one or more of the
socially and economically disadvantaged individuals who own it.
or
iii. Which is et least 51 percent owned by one or more women individuals, or in the case of any
publicly owned business, at least 51% of the stock of which is owned by one or more women
individuals; and
iv. Whose management and daily business operat/ons are controlled by one or more women
individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act and Appendix B -
This section is being developed to reflect the new rule in 49 CFR Part 26.
21. STATE AND LOCAL LAW DISCLAIMER
Applicability to Contracts
This disclaimer applies to all contracts.
Flow Down
Federa,,y Required and other Model Contract Clauses 29
The'Disclaimer has unlimited flow down.
Model Clause/Language
FTA has developed the following language.
State and Local Law Disclaimer - The use of ma_ny of the suggested clauses are not governed by
Federal law, but are significantly affected by State law. The language of the suggested clauses
may need to be rnodkfied depending on state law, ,-md that before the suggested clauses are
used in the grantees procurement documents, the grantees should consult with their local
attorney.
22. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1D
Applicability to Contracts
The incorporation of FTA terms applies to ali contracts.
Flow Down
The incorporation of FTA terms has unlimited flow do*vn.
Model Clause/Language
FTA has developed the following incorporation of terms language:
Incorporation of Federal Transit AdministratSon (FTA) Terms - The preceding provisions
include, in part, certain Standard Terms and Conditions required by DOT, ,,~'hether or not
expressly set forth in the preceding contract provisions. All contractual provisions required b7
DOT, as set forth in FTA Circular 4220.1D, dated April 15, 1996, are hereby incorporated by
reference. Anything to the contrary herein notwithstandLng, ali 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.
CITY OF PORT ARTHUR
SPECIFICATIONS & BID FORMS
PAGES 1-8
CITY OF PORT ARTHUR~ TEXAS
TRANS IT DEPARTMENT .
SERVICE CENTER
SPECIFICATIONS FOR: Janitorial Services for Transit System
Service Center Building Maintenance
ADMINISTRATIVE OFFICES & DRIVERS' ROOM (MONDAY THROUGH FRIDAY):
-- Sweep, dust mop, and/or vacuum all tile floors and
buff all f%oors, including office restrooms, with
a 1300 rpm high speed buffer.
-- Wash and dust desks, chairs, lamps, office furniture
(no Endust allowed anywhere).
-- Clean and wash all formica counter tops thoroughly.
-- Clean and polish daily..(with stainless steel cleaner)
the rear office utility sink.and faucet fixture.
-- Clean and wash all ashtrays.
-- Clean doors and door frames.
-- Clean around wall switches in all rooms.
-- Pick up trash off floors, empty and reline trash
containers with new liners.
-- Damp mop tile floors as needed, special attention to
the floor area next to walls, file dabinets, book
cases, etc. will be needed.
-- Clean office restroom commode, mirror, lavatory sink
and fixtures thoroughly.
P~STROOMS AND SHOWERS (MONDAY THROUGH FRIDAY):
-- Damp mop floors as needed.
-- Polish all metal and clean all mirrors.
-- Clean and polish daily (with stainless steel cleaner)
the water fountain.
-- Clean all commodes, urinals, lavatory sinks and fixtures
thoroughly.
-- Refill soap, towel (using appropriate type of towels &
filled so towels dispense properly), and toilet paper
containers.
-- Clean doors, door frames, and formica counter tops
thoroughly.
-- Clean around wall Switches in restrooms.
%~EKLY:
-- Sweep entire §arage area.
-- Clean oil and grease on garage floor area.
SPECIFICATIONS FOR ~ Nz~0RIAL SERVICES ..'
IRA/q$IT.DEPARTMENT SERVICE CENTER
(ContinUed)
SECURITY NOTE:
-- Bidder will be held responsible for securing all entrances
as well as disarming and rearming the Building's Electronic
Security/Fire Alarm System.
QUALITY ASSURANCE:
-- Providing Transit Management with a Janitorial Services
compliance checklist, bi-weekly, will be a requirement
in meeting contract specifications and payment.
For additional information or an inspection of the facility, contact
Mr. Tom Kestranek at 983-8767.
SPECIFICATIONS FOR ~ J~fORIAL SERVICES
TRANSIT.DEPARTMENT SERVICE CENTER
(Continued)
WEEKLY:
-- Clean all ventilation ducts and light fixtures in main
office.
-- Clean all cold air return vents in main office ceiling.
-- Clean ledges and window sills, and mini blinds in main
offices.
-- Lightly strip, wax, and buff all tile floors.
BI-WEEKLY:
-- Supervisor~ill monitor work and see that it is done to
specifications. A compliance checklist will be submitted
to Transit Management bi-weekly.
~UARTERLY:
-- Strip, reseal, and wax all tile floors (Administrative
offices, Driver's room, rest room, and rear office).
-- Clean all windows in main office.
CLEANING SERVICES NOT REQUIRED BY BIDDER:
-- Bidder will not be required to clean or maintain
maintenance office, located within the garage area of
the building. Admittance into the maintenance office
- is restricted.
SUPPLIES FIrRIqISHED BY THE BIDDER:
-- Cleaners; bowl cleaner; wax remover and wax; dustmop;
damp mops, brooms; buffer; vacuum cleaner; furniture
polish and anything else pertaining to cleaning.
Plastic liners for all trash containers in main office,
restrooms, and driver's room.
SUPPLIES NOT TO BE FURNISHED BY THE BIDDER:
-- Unless directed by Transit Management, bidder is NOT TO
furnish paper towels, toilet tissue,'deodorant blocks,
or light bulbs.
TERMINATION OF CONTRACT
If, through any cause, the Contractor shall £ail to fulfill in a timely and proper manner his
obligations under this contract, or i£the Contractor shall violate any of the convenants,
agreements or stipulations o£ this contract, the City shall thereupon have the right to
terminate this contract by giving written notice to the Contractor of such termination and
specifying the cf£¢ctive date thereof, at least fifteen (15) days be£ore the effective date of
such termination. Notwithstanding the above, the Contractor shall not be relieved o£
liability to the City for damages sustained by the City by virtue o£ any breach o£ the
contract by the Contractor, and the City may withhold any payments to the Contractor for
the purpose o£ set-off until such time as the exact amount of damages due the City from
the Contractor is determined.
INSPECTIONS
Unscheduled job-site inspections will be performed by the City of Port Arthur Transit
Depa~ment. Representatives. Failure to abide by the City's specifications will be
grounds for immediate termination of the contract. A minimum of two (2) monthly
daylight inspections may be made by the City of Port Arthur Transit Department
Representative.
CUSTODIAN COMPLAINTS & SERVICE REPORTS
Custodian Complaints & Service Reports, from employees of the Transit Department will
be turned into the Transit Director. Janitorial Service Contractor shall pick up request
and take corrective action immediately.
TERM OF CONTRACT
This contract will be a three year contract
BID PROPOSAL
BID OPENING DATE: March 9, 2005
Bid Proposal For: JANITORIAL SERVICE TRANSIT DEPARTMENT
The undersigned ., doing
business in the City/Town of ,
submits herewith, in conformity with the General Instructions, Conditions, and
Specifications
for the following Bid:
OUTLINE OF BID DATA:
ITEM QUAN UOM DESCRIPTION UNIT COST TOTAL COST
1 12 MTH JANITORIAL SERVICE FOR
TRANSIT TERMINAL $ $
2 12 MTH JANITORIAL SERVICE FOR
SERVICE CENTER $ $
Receipt of addenda is acknowledged:
No. I Dated Received
COMPANY NAME STREET ADDRESS
SIGNATURE OF BIDDER PO. BOX
(PRINT OR TYPE NAME) CITY STATE ZIP
TITLE AREA CODE TELEPHONE NO.
BID OPENING DATE: March 9, 2005
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
Bidders are requested to furnish their complete REMIT TO ADDRESS and
TAX IDENTIFICATION NUMBER as indicated below:
REMIT PAYMENT TO:
COMPANY
ADDRESS
CITY/STATE/ZIP
SEND PURCHASE ORDER TO:
COMPANY
ADDRESS
CITY/STATE/ZIP
TAX IDENTIFICATION NUMBER
AFFIDAVIT
All pages in thc offcrcr's bid proposal containing statements, letters, etc.,
shall be signed by a duly authorized officer o£the company, whose
signature is binding on the bid proposal.
The undersigned offers and agrees to one o£the following:
__ I h~reby certigy that I do not have outstanding debts with the
City of Port Artbur~ Further, I agree to pay succeeding debts
as they become due during this agreement.
__ I hereby certi~ that I do have outstanding debts with the
City o£ Port Arthur and agree to pay said debts prior to
execution o£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.
NAME OF OFFERER:
TITLE
ADDRESS
CITY/STATE/ZIP
TELEPHONE NUMBER
SIGNATURE
SUBSCRIBED AND SWORN to before me by the above named
on this the
day of ,20__
Notary Public in and for the State of
RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
CONFLICT OF INTEREST STATEMENT
Please delineate all owners of your company. If you have any contractual
business relationship or family relationship with any member of the governing body of
the City or if you expect this to occur, please so state:
Signature
8
CITY OF PORT ARTHUR
GENERAL SPECIFICATIONS
PAGES 1- 10