HomeMy WebLinkAboutResolution - 2023-R0580 - Contract 17485 Precision Body Works, Inc. - 12/05/2023Resolution No. 2023-R0580
Item No. 5.17
December 5, 2023
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute
for and on behalf of the City of Lubbock, Service Agreement No. 17485, by and between the
City of Lubbock and Precision Body Works, Inc. for body work and accident damage repair for
Citibus, and related documents. Said Agreement is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on December 5, 2023
�
TRAY PA �, MAYOR
ATTEST:
Cou ey Paz, City Sec ary
APPROVED AS TO
Bill How�€on, Deputy
APP
Mitchell S�rw�fe, First Assistant City Attorney
ccdocs IIIRES.Agrmt-Precision Body Works, Inc.
October 30, 2023
Resolution No. 2023-R0580
Contract 17485
City of Lubbock
Body Work and Accident Damage Repair for Citibus
Agreement
This Service Agreement (this "Agreement") is entered into as of the Sth day of December 2023
("Effective Date") by and between Precision Body Works, Inc. (the Contractor), and the City of Lubbock
(the "City").
RECITALS
WHEREAS, the City has issued a Request for Proposals 23-17485-KM Body Work and Accident
Damage Repair for Citibus and
WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best
meets the needs of the City for this service; and
WHEREAS, Contractor desires to perform as an independent contractor to provide Body Work and
Accident Damage Repair for Citibus, upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and
Contractor agree as follows:
City and Contractor acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
l. This Agreement
2. Exhibit A- General Requirements
3. Exhibit B- Federal Clauses
4. Exhibit C- Best and Final Offer
5. Exhibit D- Insurance Requirements
Scope of Work
Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all
the applicable requirements set forth in Exhibits B, C, and D attached hereto.
Article 1
1.1 The contract shall be for a term of one (1) year, with the option of two (2), one year extensions, said
date of term beginning upon formal approval. This Contract will renew automatically for the
additional terms, unless either Party gives 90-day written notice to terminate the Contract.
1.2 All stated annual quantities are approximations of usage during the time period to be covered by
pricing established by this bid. Actual usage may be more or less. Order quantities will be
determined by actual need. The City of Lubbock doe-s not guarantee any specific amount of
compensation, volume, minimum, or maximum amount of services under this bid and resulting
contract.
1.3 The Contractor must maintain the insurance coverage required during the term of this contract
including any extensions. It is the responsibility of the Contractor to ensure that valid insurance is
on file with the Purchasing and Contract Management Department as required by contract or contract
may be terminated for non-compliance.
1.4 A) Prices quoted shall be guaranteed for a period for six (6) months upon City approval. The rate
may be adjusted at the City's discretion for the effective change in Consumer Price Index (CPI) or
Product Price Index (PPI) as appropriate.
B) Further, if the Contractor can provide documentation for actual charges for material, labor, etc.
that demonstrates that the change in CPI or PPI is not sufficient, the Contractor shall provide such
documentation to the City, and at the City's sole discretion, the contractual rate may be further
adjusted. If agreement regarding a new rate cannot be reached, the City shall terminate at the end of
the current contract period.
C) If an adjustment to pricing is granted under this section, the Contractor must provide the Director
of Purchasing and Contract Management written, quarterly documentation to justify the ongoing
adjustment. If no such documentation is timely received, the rate will automatically revert to the
initial, awarded rate.
1.5 This contract shall remain in effect until the first of the following occurs: (1) the expiration date, (2)
performance of services ordered, or (3) termination of by either party with a 30 day written notice.
The City of Lubbock reserves the right to award the canceled contract to the next lowest and best
bidder as it deems to be in the best interest of the city.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in
accordance with the laws of said State, without reference to choice of law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Contractor and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereo£ No amendment or modification of the terms of
this Agreement shall be binding upon the parties unless reduced to writing and signed by
both parties.
2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of
any parties otherwise to insist upon strict performance of any provision hereof shall not
constitute a waiver of any subsequent breach or of any subsequent failure to perform.
2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Contractor or the
City to any successor only on the written approval of the other party.
2.8 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and negotiated
between the Parties for resolution. In the event that the Parties are unable to resolve the
claims, disputes, or other matters in question within 30 days of written notification from the
aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies
available at law or in equity.
2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit
representative of the City or the State of Texas, at its expense and at reasonable times,
reserves the right to audit Contractor's records and books relevant to all services provided to
the City under this Contract. In the event such an audit by the City reveals any errors or
overpayments by the City, Contractor shall refund the City the full amount of such
overpayments within 30 days of such audit findings, or the City, at its option, reserves the
right to deduct such amounts owing the City from any payments due Contractor.
2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court
of competent jurisdiction. Further, the City shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein
are cumulative and not exclusive, and may be exercised concurrently. To the extent of any
conflict between this provision and another provision in, or related to, this document, this
provision shall control.
2.11 The contractor shall not assign or sublet the contract, or any portion of the contract, without
written consent from the Director of Purchasing and Contract Management. Should consent
be given, the Contractor shall insure the Subcontractor or shall provide proof of insurance
from the Subcontractor that complies with all contract insurance requirements document, this
provision shall control.
2.12 Contractor acknowledges by supplying any Goods or Services that the Contractor has read,
fully understands, and will be in full compliance with all terms and conditions and the
descriptive material contained herein and any additional associated documents and
Amendments. The City disclaims any terms and conditions provided by the Contractor unless
agreed upon in writing by the parties. In the event of conflict between these terms and
conditions and any terms and conditions provided by the Contractor, the terms and conditions
provided herein shall prevail. The terms and conditions provided herein are the final terms
agreed upon by the parties, and any prior conflicting terms shall be of no force or effect.
2.13 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist
Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code,
prohibits the City from entering into a contract with a vendor that is identified by The
Comptroller as a company known to have contracts with or provide supplies or service with
Iran, Sudan or a foreign terrorist organization.
2.14 Texas Public Information Act. The requirements of Subchapter J, Chapter 552, Government
Code, may apply to this contract and the contractor or vendor agrees that the contract can be
ternunated if the contractor or vendor knowingly or intentionally fails to comply with a
requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code
applies to this agreement, Contractor agrees to: (1) preserve all contracting information
related to the contract as provided by the records retention requirements applicable to the
governmental body for the duration of the contract; (2) promptly provide to the governmental
body any contracting information related to the contract that is in the custody or possession
of the entity on request of the governmental body; and (3) on completion of the contract,
either: (A) provide at no cost to the governmental body all contracting information related to
the contract that is in the custody or possession of the entity; or (B) preserve the contracting
information related to the contract as provided by the records retention requirements
applicable to the governmental body.
2.15 No Boycott of Israel. Pursuant to Section 2271.002 of the Texas Government Code, a) This
section applies only to a contract that: (1) is between a governmental entity and a company
with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be
paid wholly or partly from public funds of the governmental entity. (b) A governmental entity
may not enter into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2)
will not boycott Israel during the term of the contract.
2.16 Texas Government Code 2274. By entering into this Agreement, Contractor verifies that: (1)
it does not, and will not for the duration of the contract, have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association or (2)
the verification required by Section 2274.002 of the Texas Government Code does not apply
to the contract. If Contractor is a company with 10 or more full-time employees and if this
Agreement has a value of at least $100,000 or more, Contractor verifies that, pursuant to
Texas Government Code Chapter 2274, it does not have a practice, policy, guidance, or
directive that discriminates against a firearm entity or firearm trade association; and will not
discriminate during the term of the contract against a firearm entity or firearm trade
association.
2.17 Contractor represents and warrants that: (1) it does not, and will not for the duration of the
contract, boycott energy companies or (2) the verification required by Section 2274.002 of
the Texas Government Code does not apply to the contract. If Contractor is a company with
10 or more full-time employees and if this Agreement has a value of at least $100,000 or
more, Contractor verifies that, pursuant to Texas Government Code Chapter 2274, it does
not boycott energy companies; and will not boycott energy companies during the term of the
Agreement. This verification is not required for an agreement where a governmental entity
determines that these requirements are inconsistent with the governmental entity's
constitutional or statutory duties related to the issuance, incurrence, or management of debt
obligations or the deposit, custody, management, borrowing, or investment of funds.
2.18 Confidentiality. The Contractor shall retain all information received from or concerning the
City and the City's business in strictest confidence and shall not reveal such information to
third parties without prior written consent of the City, unless otherwise required by law.
2.19 Indemnify. The Contractor shall indemnify and save harmless the city of Lubbock and its
elected officials, officers, agents, and employees from all suits, actions, losses, damages,
claims, or liability of any kind, character, type, or description, including without limiting the
generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for
injury or death to any person, or injury to any property, received or sustained by any person
or persons or property, to the extent arising out of, related to or occasioned by, the negligent
acts of the Contractor, its agents, employees, and/or subcontractors, related to the
performance, operations or omissions under this agreement and/or the use or occupation of
city owned property. The indemnity obligation provided herein shall survive the expiration
or termination of this agreement.
2.20 This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The
preceding provisions include, in part, certain Standard Terms and Conditions required by the
Department of Transportation (DOT), whether or not expressly set forth in the preceding
contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular
4220.1 F, are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict
with other provisions contained in this agreement. The Contractor shall not perform any act,
fail to perform any act, or refuse to comply with any requests which would cause Citibus to
be in violation of the FTA terms and conditions.
INTENTIONALLY LEFT BLANK-----
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first above written. Executed in triplicate.
CITY OF LUBB
Tray Payne, Mayor
ATTEST:
Courtney Paz, City Secretary
ON RACTOR
BY:
c ��V `�
Author' d Representative
Print Name
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Address
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City, State, Zip Code
APPROVED AS TO CON � T:
Chris Mandrell, Citibu General Manager
Exhibit A
City of Lubbock, TX
RFP 23-17485-KM
Body Work and Accident Damage Repair for CiNbus
GENERAL REQUI�tEMENTS
1. SCOPE OF WORK
Citibus intends to enter into a contract with one or more qualified contractors to furnish paint and
body repairs for Citibus Transit Bus Units to include, but will not be limited to the following: Accident
Repairs, Vehicle Paint Services and Common Body Repairs on Transit Buses. Citibus intends to enter
into contracts with multiple qualified body shops in order to ensure timely completion of repairs.
2. REQUIREMENTS
2.1. The proposer must have a complete body shop meeting the following minimum requirements:
2.1.1. Paint Booth
2.1.2. Frame and straightening machines with qualified operator (on-site or under contract).
2.1.3. The contractor awarded the contract must also have the capability to do body and paint
work indoors during inclement weather. The indoor area must be large enough to handle
Citibus Transit Bus Units.
2.2. The work proposed in this contract shall be performed at the successful proposer's (hereinafter
referred to as "Contractor") place of business.
2.3. The successfial Contractor agrees to assume full liability and responsibility for all units and
contents (including radios and other standard or installed equipment), placed in its custody by
Citibus under this contract.
2.4. The body shop MUST be able to transport the vehicles to and from the body shop location
and the Citibus facility. Citibus will not transport vehicles to and from the contractor's body
shop location.
2.5. This contract shall cover the following types of vehicles:
2.5.1. Citibus Transit Bus Units
2.6. Contractor must be able to start work on the vehicle within 14 days; if not, Citibus will move
to the next awarded contractor.
2.7. Contractor agrees that work assigned under this contract shall receive priority over the
other work in its shop unless specific prior approval has been obtained from Citibus.
3. FEDERAL AND STATE SAFETY REGULATIONS
3.1. Contractor shall comply with all federal and state safety regulations including but not limited to
Occupational, Safety and Health Administration (OSHA) and the Department of Workforce
Development (DWD) regulations. This agreement includes incorporation of Federal Transit
Administration (FTA) Terms. The preceding provisions include, in part, certain Standard Terms
and Conditions required by the Department of Transportation (DOT), whether or not expressly
set forth in the preceding contract provisions. All contractual provisions required by DOT, as set
forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with other provisions contained in this agreement. The Contractor shall not perform any
act, fail to perform any act, or refuse to comply with any requests, which would cause Citibus to
be in violation of the FTA terms and conditions.
3.2. The Contractor must follow all Environmental Protection Agency (EPA) rules and regulations.
4. COST ESTIMATES
4.1. Individual cost estimates for each unit or piece of equipment will be provided by the contractor
before any actual work will commence. These estimates will include time of completion, hours of
labor, and an itemized listing of replacement repair parts. Estimates shall be priced per item with
replacement repair parts showing crash guide list or applicable industry standards.
4.2. All estimates shall be complete and include all parts and charges with the exception of "hidden"
damage, which may not be obvious until repairs are initiated. All estimates shall be completed and
available for review within 24 hours of delivery of the vehicle. No repairs shall be initiated until a
Citibus representative reviews the estimate and gives the contractor notice to proceed with the
work.
4.3. In no instance shall any repairs costing more than the approved estimate be performed without first
notifying the Citibus or designated representative and providing a supplemental estimate indicating
additional parts and labor charges. THE CITY SHALL RESERVE THE RIGHT TO VERIFY,
THROUGH 1NDEPENDENT APPRAISAL, IF THE REPAIRS ARE REQUIRED.
4.4. All labor will be estimated and invoiced at the hourly rate set forth on the Proposal Submittal Form.
All replacement repair parts will be invoiced at vendor list price less percentage as listed in Bid
Form of this RFP. Price is based on an hourly labor rate, cost per hour.
5. BODYWORK AND PAINTING REQUIREMENTS
5.1. Contractor must be able to perform complete body repairs as well as paint transit bus units.
5.2. There will be no penalty for Citibus to supply parts if this will lower costs.
5.3. There is a maximum mark-up of 15% for parts to be used.
5.4. DuPont Paint or approved equal is to be utilized.
6. PROTECTION OF VEHICLES
6.1. It shall be the responsibility of the contractor to fully protect, at all times, city property entrusted
to their care. The contractor shall reimburse the city for any and all damages to city property while
in their care, such as unwarranted wear and tear, acts of vandalism and malicious mischief, any
and all physical damages, including acts of commission and/or omission by the contractor's
employees and others. Damages will be billed at invoicing costs to replace or repair such damage
and may be deducted from any outstanding amounts owed the contractor. The contractor !'urther
agrees to pay to the city any outstanding claims within 30 days after notification from Citibus
Department.
6.2. Contractor must maintain insurance coverage as required by Citibus and the City of
Lubbock.
7. COMPLETION AND DELIVERY TIME
7.1. Contractor will discuss a due date with Citibus staff for each repair to be documented and noted by
each party. If more time is required, prior approval must been obtained from Citibus. If the
Contractor does not meet the due date, a$300 per day non-useable vehicle charge will be assessed
and subtracted from the final repair invoice.
8. WORKMANSHIP WARRANTY
8.1. The contractor agrees the service furnished to be of the highest quality, complying with
specifications, and free from all defects in materials and workmanship for a period of one (1) year
from the date of acceptance. Replacements and body repairs under this warranty are to be made by
the contractor at no cost and to the satisfaction of the city.
9. CONTRACT TERM
9.1. The contract shall be for a term of one year with the option of two, one year extensions, said date
of term beginning upon formal approval. The City of Lubbock does not guarantee any specific
amount of compensation, volume, minimum, or maximum amount of services under this proposal
and resulting contract.
This agreement includes incorporation of Federal Transit Administration (FTA) Terms. The
preceding provisions include, in part, certain Standard Terms and Conditions required by the
Department of Transportation (DOT), whether or not expressly set forth in the preceding contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are
hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this agreement. The Contractor shall not perform any act, fail to perform any act, or
refuse to comply with any requests which would cause Citibus to be in violation of the FTA terms
and conditions.
Exhibit B
FTA Federal Clauses
Table of Contents
ACCESS TO RECORDS AND REPORTS ............................................................................................... 3
AMERICANS WITH DISABILITIES ACT (ADA) .................................................................................... 3
BOND REQUIREMENTS ................................................................................................................... 3
BUSTESTING ................................................................................................................................... 5
BUY AMERICA REQUIREMENTS ...................................................................................................... 6
RESTRICTIONS ON LOBBYING ......................................................................................................... 6
CARGO PREFERENCE REQUIREMENTS ............................................................................................ 8
CHARTERSERVICE ........................................................................................................................... 9
CIVIL RIGHTS LAWS AND REGULATIONS ......................................................................................... 9
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT .............................................. 12
CONFORMANCE WITH ITS NATIONAL ARCHITECTURE ................................................................. 13
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ........................................................... 13
DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT ............................................................ 14
DEBARMENT AND SUSPENSION ................................................................................................... 15
DISADVANTAGED BUSINESS ENTERPRISE (DBE) ........................................................................... 15
ENERGY CONSERVATION .............................................................................................................. 16
EQUAL EMPLOYMENT OPPORTUNITY .......................................................................................... 16
NOTICE TO THIRD PARTY PARTICIPANTS ...................................................................................... 18
FLYAMERICA ................................................................................................................................. 18
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ................................... 19
NO GOVERNMENT OBLIGATION TO THIRD PARTIES .................................................................... 19
NOTIFICATIONTO FTA .................................................................................................................. 19
PATENT RIGHTS AND RIGHTS IN DATA ......................................................................................... 20
PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES .............................. 22
SOLIDWASTES ............................................................................................................................... 22
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS .................. 23
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. ................................................................................................................................. 23
PROMPTPAYMENT ....................................................................................................................... 24
PUBLICTRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS ........................................ 25
SAFE OPERATION OF MOTOR VEHICLES ....................................................................................... 25
SCHOOLBUS OPERATIONS ........................................................................................................... 26
Updoted March 2023
SEISMICSAFETY ...............................................................................
SIMPLIFIED ACQUISITION THRESHOLD ...........................................
SPECIAL DOL EEO CLAUSE ...............................................................
SPECIAL NOTIFICATION REQUIREMENTS FOR STATES ...................
SUBSTANCE ABUSE REQUIREMENTS ..............................................
TERMINATION.................................................................................
VETERANS HIRING PREFERENCE .....................................................
VIOLATION AND BREACH OF CONTRACT ........................................
TRAFFICKING IN PERSONS ...............................................................
FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS ........
SEVERABI LITY ..................................................................................
.......................................... 26
.......................................... 26
.......................................... 27
.......................................... 29
.......................................... 29
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.......................................... 33
.......................................... 33
.......................................... 34
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Updated March 2023
ACCESS TO RECORDS AND REPORTS
a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers
to retain, complete and readily accessible records related in whole or in part to the contract,
including, but not limited to, data, documents, reports, statistics, leases, subcontracts,
arrangements, other third party Contracts of any type, and supporting materials related to
those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements
in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records,
accounts and reports required under this Contract for a period of at not less than three (3)
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 records shall be maintained until the disposition of all such litigation, appeals, claims or
exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its
contractors to inspect and audit records and information related to performance of this
contract in accordance with 2 CFR § 200.337.
d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors
access to the sites of performance under this contract in accordance with 2 CFR § 200.337.
AMERICANS WITH DISABILITIES ACT (ADA)
The contractor agrees to comply with all applicable requirements of section 504 of the
Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the
basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42
U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available
to persons with disabilities, including any subsequent amendments to that Act, and with the
Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that
buildings and public accommodations be accessible to persons with disabilities, including any
subsequent amendments to that Act. In addition, the contractor agrees to comply with any and
all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any
subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to
the Project.
BOND REQUIREMENTS
For construction or facility improvement contracts or subcontracts exceeding the Simplified
Acquisition Threshold, the Federal awarding agency or pass-through entity may accept the
Updated March 2023
bonding policy and requirements of the non-Federal entity provided that the Federal awarding
agency or pass-through entity has made a determination that the Federal interest is adequately
protected. If such a determination has not been made, the minimum requirements must be as
follows:
(a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid
guarantee" must consist of a frm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance
of the bid, execute such contractual documents as may be required within the time specified.
(b) A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all
the contractor's requirements under such contract.
(c) A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment as required by
law of all persons supplying labor and material in the execution of the work provided for in the
contract.
It is also understood and agreed that if the bidder should withdraw any part or all
of their bid within [90] days after the bid opening without the written consent of the Agency, or
refuse or be unable to enter into this Contract as provided above, or refuse or be unable to
furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to
furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guaranty to
the extent Agency's damages occasioned by such withdrawal, or refusal, or inability to enter
into a Contract, or provide adequate security thereof.
It is further understood and agreed that to the extent the defaulting bidder's bid guaranty shall
prove inadequate to fully recompense Agency for the damages occasioned by default, then the
bidder agrees to indemnify Agency and pay over to Agency the difference between the bid
guarantee and Agency's total damages so as to make Agency whole.
The bidder understands that any material alteration of any of the above or any of the
material contained herein, other than that requested will render the bid unresponsive.
Performance Guarantee. A Performance Guarantee in the amount of 100% of the Contract
value is required by the Agency to ensure faithful performance of the Contract. Either a
Performance Bond or an Irrevocable Stand-By Letter of Credit shall be provided by the
Contractor and shall remain in full force for the term of the Contract. The successful Bidder
shall certify that it will provide the requisite Performance Guarantee to the Agency within ten
(10) business days from Contract execution. The Agency requires all Performance Bonds to be
provided by a fully qualified surety company acceptable to the Agency and listed as a company
currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as
described hereunder. Agency may require additional performance bond protection when the
contract price is increased. The increase in protection shall generally equal 100 percent of the
Updated March 2023
increase in contract price. The Agency may secure additional protection by directing the
Contractor to increase the amount of the existing bond or to obtain an additional bond.
If the Bidder chooses to provide a Letter of Credit as its Performance Guarantee, the Bidder
shall furnish with its bid, certification that an Irrevocable Stand-By Letter of Credit will be
furnished should the Bidder become the successful Contractor. The Bidder shall also provide a
statement from the banking institution certifying that an Irrevocable Stand-By Letter of Credit
for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-
By Letter of Credit will only be accepted by the Agency if:
1. A bank in good standing issues it. The Agency will not accept a Letter of Credit from an
entity other than a bank.
2. It is in writing and signed by the issuing bank.
3. It conspicuously states that it is an irrevocable, non-transferable, "standby" Letter of
Credit.
4. The Agency is identified as the Beneficiary.
5. It is in an amount equal to 100% of the Contract value. This amount must be in U.S.
dollars.
6. The effective date of the Letter of Credit is the same as the effective date of the
Contract
7. The expiration date of the Letter of Credit coincides with the term of the contract.
8. It indicates that it is being issued in order to support the obligation of the Contractor to
perform under the Contract. It must specifically reference the Contract between the
Agency and the Contractor the work stipulated herein.
The issuing bank's obligation to pay will arise upon the presentation of the original Letter of
Credit and a certificate and draft to the issuing bank's representative at a location and time to
be determined by the parties. This documentation will indicate that the Contractor is in default
under the Contract.
Payment Bonds. A Labor and Materials Payment Bond equal to the full value of the contract
must be furnished by the contractor to Agency as security for payment by the Contractor and
subcontractors for labor, materials, and rental of equipment. The bond may be issued by a fully
qualified surety company acceptable to (Agency) and listed as a company currently authorized
under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder.
BUS TESTING
The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49
U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the
requisite testing is performed for all new bus models or any bus model with a major change in
configuration or
Updated March 2023
components, and that the bus modei has achieved a passing score. Upon completion of the
testing, the contractor shall obtain a copy of the bus testing reports from the operator of the
testing facility and make that report(s) publicly available prior to final acceptance of the first
vehicle by the recipient.
BUY AMERICA REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR §
200.322 Domestic preferences for procurements, which provide that Federal funds may not be
obligated unless all steel, iron, and manufactured products used in FTA funded projects are
produced in the United States, unless a waiver has been granted by FTA or the product is
subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.
Construction materials used in the Project are subject to the domestic preference requirement
of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911— 70927 (2021),
as implemented by the U.S. Office of Management and Budget, the U.S. Department of
Transportation, and FTA. The Recipient acknowledges that this agreement is neither a waiver of
§ 70914(a) nor a finding under § 70914(b).
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u)
and 49 C.F.R. § 661.11. Domestic preferences for procurements
The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids
or offers that are not accompanied by a completed Buy America certification will be rejected as
nonresponsive. For more information, please see the FTA's Buy America webpage
at: https://www.transit.dot.gov/buyamerica
RESTRICTIONS ON LOBBYING
Conditions on use of funds.
(a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan,
or cooperative agreement to pay any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with any of the
following covered Federal actions: 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.
Updoted March 2023
(b) Each person who requests or receives from an agency a Federal contract, grant, loan, or
cooperative agreement shall file with that agency a certification, that the person has not
made, and will not make, any payment prohibited by paragraph (a) of this section.
(c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a
cooperative agreement shall file with that agency a disclosure form if such person has made
or has agreed to make any payment using nonappropriated funds (to include profits from
any covered Federal action), which would be prohibited under paragraph (a) of this section
if paid for with appropriated funds.
(d) Each person who requests or receives from an agency a commitment providing for the
United States to insure or guarantee a loan shall file with that agency a statement, whether
that person has made or has agreed to make any payment to influence or attempt to
influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with that
loan insurance or guarantee.
(e) Each person who requests or receives from an agency a commitment providing for the
United States to insure or guarantee a loan shall file with that agency a disclosure form if
that person has made or has agreed to make any payment to influence or attempt to
influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with that
loan insurance or guarantee.
Certification and disclosure.
(a) Each person shall file a certification, and a disclosure form, if required, with each submission
that initiates agency consideration of such person for:
(1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or
(2) An award of a Federal Ioan or a commitment providing for the United States to insure or
guarantee a loan exceeding $150,000.
(b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such
person of:
(1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or
(2) A Federal loan or a commitment providing for the United States to insure or guarantee a
loan exceeding $150,000,
Unless such person previously filed a certification, and a disclosure form, if required, under
paragraph (a) of this section.
(c) Each person shall file a disclosure form at the end of each calendar quarter in which there
occurs any event that requires disclosure or that materially affects the accuracy of the
information contained in any disclosure form previously filed by such person under paragraphs
(a) or (b) of this section. An event that materially affects the accuracy of the information
reported includes:
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for
influencing or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a
covered Federal action; or,
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(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt
to influence a covered Federal action.
(d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of
this section:
(1) A subcontract exceeding $100,000 at any tier under a Federal contract;
(2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal
grant;
(3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding
$150,000; or,
(4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative
agreement,
Shall file a certification, and a disclosure form, if required, to the next tier above.
(e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received
by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all
disclosure forms to the agency.
(f) Any certification or disclosure form filed under paragraph (e) of this section shall be treated
as a material representation of fact upon which all receiving tiers shall rely. All liability arising
from an erroneous representation shall be borne solely by the tier filing that representation
and shall not be shared by any tier to which the erroneous representation is forwarded.
Submitting an erroneous certification or disclosure constitutes a failure to file the required
certification or disclosure, respectively. If a person fails to file a required certification or
disclosure, the United States may pursue all available remedies, including those authorized by
section 1352, title 31, U.S. Code.
(g) For awards and commitments in process prior to December 23, 1989, but not made before
that date, certifications shall be required at award or commitment, covering activities occurring
between December 23, 1989, and the date of award or commitment. However, for awards and
commitments in process prior to the December 23, 1989 effective date of these provisions, but
not made before December 23, 1989, disclosure forms shall not be required at time of award or
commitment but shall be filed within 30 days.
(h) No reporting is required for an activity paid for with appropriated funds if that activity is
allowable under either subpart B or C.
CARGO PREFERENCE REQUYREMENTS
The contractor agrees:
a. to use privately owned United States-Flag commercial vessels to ship at least SO percent
of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and
tankers) involved, whenever shipping any equipment, material, or commodities
pursuant to the underlying contract to the extent such vessels are available at fair and
reasonable rates for United States-Flag commercial vessels;
b. to furnish within 20 working days following the date of loading for shipments originating
Updated March 2023
within the United States or within 30 working days following the date of loading for
shipments originating outside the United States, a legible copy of a rated, "on-board"
commercial ocean bill-of-lading in English for each shipment of cargo described in the
preceding paragraph to the Division of National Cargo, Office of Market Development,
Maritime Administration, Washington, DC 20590 and to the FTA Recipient (through the
contractor in the case of a subcontractor's bill-of-lading.); and
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.
CHARTER SERVICE
The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which
provides that Recipients and subrecipients of FTA assistance are prohibited from providing
charter service using federally funded equipment or facilities if there is at least one private
charter operator willing and able to provide the service, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(d);
2. FTA regulations, "Charter Service," 49 C.F.R. part 604;
3. Any other federal Charter Service regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
The contractor agrees that if it engages in a pattern of violations of FTA's Charter Service
regulations, FTA may require corrective measures or impose remedies on it. These corrective
measures and remedies may include:
1. Barring it or any subcontractor operating public transportation under its Award that has
provided prohibited charter service from receiving federal assistance from FTA;
2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of
FTA's Charter Service regulations; or
3. Any other appropriate remedy that may apply.
The contractor should also include the substance of this clause in each subcontract that may
involve operating public transit services.
CIVIL RIGHTS LAWS AND REGULATIONS
The following Federal Civil Rights laws and regulations apply to all contracts.
1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not
limited to:
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a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering
projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits
discrimination on the basis of race, color, religion, national origin, sex (including sexual
orientation and gender identity), disability, or age, and prohibits discrimination in
employment or business opportunity.
b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, "Equal Employment
Opportunity," September 24, 1965, as amended, prohibit discrimination in employment
on the basis of race, color, religion, sex, or national origin.
2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as
amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations,
"Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal
Financial Assistance," 49 C.F.R. part 25 prohibit discrimination on the basis of sex.
3 Nondiscrimination on the Basis of Age. The "Age Discrimination Act of 1975," as amended,
42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing
regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving
Federal Financial Assistance," 45 C.F.R. part 90, prohibit discrimination by participants in
federally assisted programs against individuals on the basis of age. The Age Discrimination
in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity
Commission (EEOC) implementing regulations, "Age Discrimination in Employment Act," 29
C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and
over on the basis of age.
4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of
1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against
qualified individuals with disabilities in programs, activities, and services, and imposes
specific requirements on public and private entities. Third party contractors must comply
with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public
services, public accommodations, telecommunications, and other provisions, many of which
are subject to regulations issued by other Federal agencies.
Civil Rights and Equal Opportunity
The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply
with all applicable Federal civil rights laws and implementing regulations. Apart from
inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to
comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance
awarded by FTA to support procurements using exclusionary or discriminatory specifications.
Under this Contract, the Contractor sha�l at all times comply with the following
requirements and shall include these requirements in each subcontract entered into as part
thereof.
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1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, religion, national origin, sex, disability, or age. In
addition, the Contractor agrees to comply with applicable Federal implementing
regulations and other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights
Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332,
the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in
Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any
later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e
note. 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, religion, national origin, or sex (including sexual orientation and gender
identity). Such action shall include, but not be limited to, the following: employment,
promotion, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-
634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age
Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of
1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations,
"Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal
Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the
Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
Implementing requirements FTA may issue.
4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42
U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §
4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it
will not discriminate against individuals on the basis of disability. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
S. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal
funding is expended in full accordance with the U.S. Constitution, Federal Law, and
statutory and public policy requirements: including, but not limited to, those protecting
Updated March 2023
free speech, religious liberty, public welfare, the environment, and prohibiting
discrimination.
CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL
ACT
The Contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to FTA and the Regional
Office of the Environmental Protection Agency. The following applies for contracts of amounts
in excess of $150,000:
Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et
seq.
(2) The contractor agrees to report each violation to the Agency and understands
and agrees that the Agency will, in turn, report each violation as required to assure
notification to the Agency, Federal Emergency Management Agency, and the
appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance provided
by FTA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the Agency and understands
and agrees that the Agency will, in turn, report each violation as required to
assure notification to the Agency, Federal Emergency Management Agency,
and the appropriate Environmental Protection Agency Regional Ofiice.
(3) The contractor agrees to include these requirements in each subcontract
exceeding $150,000 financed in whole or in part with Federal assistance
provided by FTA."
Updated Morch 2023
CONFORMANCE WITH ITS NATIONAL ARCHITECTURE
Intelligent Transportation Systems (ITS) projects shall conform to the National ITS Architecture
and standards pursuant to 23 CFR § 940. Conformance with the National ITS Architecture is
interpreted to mean the use of the National ITS Architecture to develop a regional ITS
architecture in support of integration and the subsequent adherence of all ITS projects to that
regional ITS architecture. Development of the regional ITS architecture should be consistent
with the transportation planning process for Statewide and Metropolitan Transportation
Planning (49 CFR Part 613 and 621).
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
a. Applicability: This requirement applies to all FTA grant and cooperative agreement
programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity
in excess of $100,000 that involve the employment of inechanics or laborers must
include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by
Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II.
c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not
apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence.
e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning
compliance with the Contract Work Hours and Safety Standards Act:
Compliance with the Contract Work Hours and Safetv Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or
she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-
half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
Updated March 2023
responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subcontractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph (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 agency shall upon its own
action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other
Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph (1) through (4) of this section and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section."
DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT
For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA,
the Contractor shall comply with the Davis-Bacon Act and the Copeland "Anti-Kickback" Act.
Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics
employed on FTA assisted construction, alteration, or repair projects. The Contractor will
comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by
DOL regulations at 29 C.F.R. part S, "Labor Standards Provisions Applicable to Contracts
Governing Federally Financed and Assisted Construction." In accordance with the statute, the
Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing
wages specified in a wage determination made by the Secretary of Labor. In addition, the
Contractor agrees to pay wages not less than once a week. The Contractor shall also comply
with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by DOL regulations
at 29 C.F.R. part 3, "Contractors and Subcontractors on Public Building or Public Work Financed
in Whole or in part by Loans or Grants from the United States." The Contractor is prohibited
from inducing, by any means, any person employed in the construction, completion, or repair
of public work, to give up any part of the compensation to which he or she is otherwise
entitled.
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DEBARMENT AND SUSPENSION
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement
Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of
Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of
$25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the
contract amount), and to each contract at any tier that must be approved by an FTA official irrespective
of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and
subcontractors are eligible to participate in this federally funded contract and are not presently declared
by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award;
b) Suspended from participation in any federally assisted Award;
c) Proposed for debarment from participation in any federally assisted Award;
d) Declared ineligible to participate in any federally assisted Award;
e) Voluntarily excluded from participation in any federally assisted Award; or
f) Disqualified from participation in ay federally assisted Award.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later
determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification,
in addition to remedies available to the AGENCY, the Federal Government may pursue available
remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to
comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200,
while this offer is valid and throughout the period of any contract that may arise from this offer. The
bidder or proposer further agrees to include a provision requiring such compliance in its lower tier
covered transactions.
DISADVANTAGED BUSINESS ENTERPRISE (DBE)
(Does not app/y to projects fully funded by the Triba/ Transportation Program (TTP).)
It is the policy of the Agency and the United States Department of Transportation ("DOT") that
Disadvantaged Business Enterprises ("DBE's"), as defined herein and in the Federal regulations
published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted
contracts.
The contractor or subcontractor shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this contract. The contractor shall carry out applicable
Updated March 2023
requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material breach of this contract,
which may result in the termination of this contract or such other remedy as the Agency deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).
Prime contractors are required to pay subcontractors for satisfactory performance of their
contracts no later than 30 days from receipt of each payment the Agency makes to the prime
contractor. 49 C.F.R. § 26.29(a).
Finally, for contracts with defined DBE contract goals, each FTA Recipient must include in each
prime contract a provision stating that the contractor shall utilize the specific DBEs listed unless
the contractor obtains the Agency's written consent; and that, unless the Agency's consent is
provided, the contractor shall not be entitled to any payment for work or material unless it is
performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).
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 (42 U.S.C.§ 6201).
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national
origin. The contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, religion, sex, sexual orientation, gender identity, or national origin. Such
action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
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(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender
identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant
or another employee or applicant. This provision shall not apply to instances in which an
employee who has access to the compensation information of other employees or
applicants as a part of such employee's essential job functions discloses the
compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a
formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or is consistent with the
contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding, a notice to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order
11246 of September 24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's non-compliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
canceled, terminated or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such
provisions including sanctions for noncompliance: Provided, however, that in the event
the contractor becomes involved in, or is threatened with, litigation with a
Updoted March 2023
subcontractor or vendor as a result of such direction, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
NOTICE TO THIRD PARTY PARTICIPANTS
Federal requirements that apply to the Recipient or the Award, the accompanying Underlying
Agreement, and any Amendments thereto may change due to changes in federal law,
regulation, other requirements, or guidance, or changes in the Recipient's Underlying
Agreement including any information incorporated by reference and made part of that
Underlying Agreement; and
Applicable changes to those federal requirements will apply to each Third Party Agreement and
parties thereto at any tier..
FLY AMERICA
a) Definitions. As used in this clause-
1) "International air transportation" means transportation by air between a place in
the United States and a place outside the United States or between two places both
of which are outside the United States.
2) "United States" means the 50 States, the District of Columbia, and outlying areas.
3) "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C.
Chapter 411.
b) When Federal funds are used to fund travel, Section 5 of the International Air
Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America
Act) requires contractors, Agencys, and others use U.S.-flag air carriers for U.S.
Government-financed international air transportation of personnel (and their personal
effects) or property, to the extent that service by those carriers is available. It requires
the Comptroller General of the United States, in the absence of satisfactory proof of the
necessity for foreign-flag air transportation, to disallow expenditures from funds,
appropriated or otherwise established for the account of the United States, for
international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air
carrier is available to provide such services.
c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag
carriers for international air transportation of personnel (and their personal effects) or
property.
d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for
international air transportation, the Contractor shall include a statement on vouchers
involving such transportation essentially as follows:
Updated March 2023
Statement of Unavailabilitv of U.S.-Fla� Air Carriers
International air transportation of persons (and their personal effects) or property by
U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier
service for the following reasons. See FAR § 47.403. [State reasons]:
e) Contractor shall include the substance of this clause, including this paragraph (e), in
each subcontract or purchase under this contract that may involve international air
transportation.
iNCORPORATION OF FEDERAL TRANSIT ADMINISTRATION
(FTA) TERMS
The provisions within include, in part, certain Standard Terms and Conditions required under
the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions.
All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR §
1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference.
Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to
control in the event of a conflict with other provisions contained in this Contract. The
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any
request which would cause a violation of the FTA terms and conditions.
NO GOVERNMENT OBLIGATION TO THYRD PARTIES
The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by
the Federal Government in or approval of the solicitation or award of the underlying Contract,
absent the express written consent by the Federal Government, the Federal Government is not
a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient,
Contractor or any other party (whether or not a party to that contract) pertaining to any matter
resulting from the underlying Contract. The Contractor agrees to include the above clause in
each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is
further agreed that the clause shall not be modified, except to identify the subcontractor who
will be subject to its provisions.
NOTIFICATION TO FTA
If a current or prospective legal matter that may affect the Federal Government emerges, the
Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region
in which the Recipient is located. The Recipient must include a similar notification requirement
in its Third Party Agreements and must require each Third Party Participant to include an
Updated March 2023
equivalent provision in its subagreements at every tier, for any agreement that is a"covered
transaction" according to 2 C.F.R. §§ 180.220 and 1200.220.
(1) The types of legal matters that require notification include, but are not limited to, a major
dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or
a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal
Government's interests in the Award, the accompanying Underlying Agreement, and any
Amendments thereto, or the Federal Government's administration or enforcement of federal
laws, regulations, and requirements.
(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA
Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the
Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving
assistance from FTA. The notification provision applies if a person has or may have submitted a
false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a
criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery,
gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this
Agreement or another agreement between the Recipient and FTA, or an agreement involving a
principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to
subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to,
knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or
other investigative agency, a criminal indictment or civil complaint, or probable cause that
could support a criminal indictment, or any other credible information in the possession of the
Recipient.
PATENT RIGHTS AND RIGHTS IN DATA
Intellectual Propertv Ri�hts
This Project is funded through a Federal award with FTA for experimental, developmental, or
research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data
first produced in the performance of this Contract. The Contractor shall grant the Agency
intellectual property access and licenses deemed necessary for the work performed under this
Contract and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued by FTA or
U.S. DOT.
The terms of an intellectual property agreement and software license rights will be finalized
prior to execution of this Contract and shall, at a minimum, include the following restrictions:
Updated March 2023
Except for its own internal use, the Contractor may not publish or reproduce subject data in
whole or in part, or in any manner or form, nor may the Contractor authorize others to do so,
without the written consent of FTA, until such time as FTA may have either released or
approved the release of such data to the public. This restriction on publication, however, does
not apply to any contract with an academic institution.
For purposes of this Contract, the term "subject data" means recorded information whether or
not copyrighted, and that is delivered or specified to be delivered as required by the Contract.
Examples of "subject data" include, but are not limited to computer software, standards,
specifications, engineering drawings and associated lists, process sheets, manuals, technical
reports, catalog item identifications, and related information, but do not include financial
reports, cost analyses, or other similar information used for performance or administration of
the Contract.
1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license
to reproduce, publish, or otherwise use, and to authorize others to use for "Federal
Government Purposes," any subject data or copyright described below. For "Federal
Government Purposes," means use only for the direct purposes of the Federal
Government. Without the copyright owner's consent, the Federal Government may not
extend its Federal license to any other party.
a. Any subject data developed under the Contract, whether or not a copyright has
been obtained; and
b. Any rights of copyright purchased by the Contractor using Federal assistance in
whole or in part by the FTA.
2. Unless FTA determines otherwise, the Contractor performing experimental, developmental,
or research work required as part of this Contract agrees to permit FTA to make available to the
public, either FTA's license in the copyright to any subject data developed in the course of the
Contract, or a copy of the subject data first produced under the Contract for which a copyright
has not been obtained. If the experimental, developmental, or research work, which is the
subject of this Contract, is not completed for any reason whatsoever, all data developed under
the Contract shall become subject data as defined herein and shall be delivered as the Federal
Government may direct.
3. Unless prohibited by state law, upon request by the Federal Government, the Contractor
agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and
employees acting within the scope of their official duties against any liability, including costs
and expenses, resulting from any willful or intentional violation by the Contractor of proprietary
rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction,
delivery, use, or disposition of any data furnished under that contract. The Contractor shall not
be required to indemnify the Federal Government for any such liability arising out of the
wrongful act of any employee, official, or agents of the Federal Government.
Updated March 2023
4. Nothing contained in this clause on rights in data shall imply a license to the Federal
Government under any patent or be construed as affecting the scope of any license or other
right otherwise granted to the Federal Government under any patent.
5. Data developed by the Contractor and financed entirely without using Federal assistance
provided by the Federal Government that has been incorporated into work required by the
underlying Contract is exempt from the requirements herein, provided that the Contractor
identifies those data in writing at the time of delivery of the Contract work.
6. The Contractor agrees to include these requirements in each subcontract for experimental,
developmental, or research work financed in whole or in part with Federal assistance.
PRE-AWARD AND POST DELIVERY AUDITS OF ROLLING STOCK
PURCHASES
(Does not apply to projects fully funded by the Tribal Transportation Program (TTP).)
The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation
at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s)
submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-
award and post-delivery audits performed pursuant to 49 C.F.R. part 663 and related FTA
guidance.
SOLID WASTES
A Recipient that is a state agency or agency of a political subdivision of a state and its
contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
Part 247 that contain the highest percentage of recovered materials practicable, consistent
with maintaining a satisfactory level of competition, where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines.
Updated March 2023
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil
Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of
the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it has made, it makes, it may make, or causes to be made, pertaining to the
underlying contract or the FTA assisted project for which this contract work is being performed.
In addition to other penalties that may be applicable, the Contractor further acknowledges that
if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission,
or certification, the Federal Government reserves the right to impose the penalties of the
Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a
contract connected with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government
reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(I) on the
Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not
be modified, except to identify the subcontractor who will be subject to the provisions.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPIVIENT.
a) Recipients and subrecipients are prohibited from obligating or expending loan or grant
funds to:
1) Procure or obtain;
2) Extend or renew a contract to procure or obtain; or
3) Enter into a contract (or extend or renew a contract) to procure or obtain
equipment, services, or systems that uses covered telecommunications equipment
or services as a substantial or essential component of any system, or as critical
technology as part of any system. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary
or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical
security surveillance of critical infrastructure, and other national security
purposes, video surveillance and telecommunications equipment produced by
Updated March 2023
Hytera Communications Corporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of such
entities).
(ii) Telecommunications or video surveillance services provided by such entities
or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced
or provided by an entity that the Secretary of Defense, in consultation with the
Director of the National Intelligence or the Director of the Federal Bureau of
Investigation, reasonably believes to be an entity owned or controlled by, or
otherwise connected to, the government of a covered foreign country.
b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f),
paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs
shall prioritize available funding and technical support to assist affected businesses,
institutions and organizations as is reasonably necessary for those affected entities to
transition from covered communications equipment and services, to procure replacement
equipment and services, and to ensure that communications service to users and customers
is sustained.
c) See Public Law 115-232, section 889 for additional information.
d) See also § 200.471.
PROMPT PAYMENT
(Does not apply to projects fully funded by the Tribal Transportation Program (TTP).)
The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work. In addition, the contractor is required to return any retainage payments
to those subcontractors within 30 days after the subcontractor's work related to this contract is
satisfactorily completed.
The contractor must promptly notify the Agency, whenever a DBE subcontractor performing
work related to this contract is terminated or fails to complete its work and must make good
faith efforts to engage another DBE subcontractor to perform at least the same amount of
work. The contractor may not terminate any DBE subcontractor and perform that work through
its own forces or those of an affiliate without prior written consent of the Agency.
Updoted March 2023
PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE
ARRANGEMENTS
The Contractor agrees to comply with the following employee protective arrangements of 49
U.S.C. § 5333(b):
1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public
transportation operations that are supported with federal assistance, a certification issued
by U.S. DOL is a condition of the Contract.
2. Special Warranty. When the Contract involves public transportation operations and is
supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S.
DOL will provide a Special Warranty for its Award, including its Award of federal assistance
under the Triba� Transit Program. The U.S. DOL Special Warranty is a condition of the
Contract.
3.
Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors
providing public transportation operations pursuant to 49 U.S.C. § 5310. FTA reserves the right
to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers
of funding authorized under title 23, United States Code (flex funds), and make other
exceptions as it deems appropriate, and, in those instances, any special arrangements required
by FTA will be incorporated herein as required.
SAFE OPERATIOIV OF MOTOR VEHICLES
Seat Belt Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and
programs for its employees and other personnel that operate company-owned vehicles,
company rented vehicles, or personally operated vehicles. The terms "company-owned" and
"company-leased" refer to vehicles owned or leased either by the Contractor or Agency.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers, including policies to ban text messaging while using an electronic
device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle
Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in
connection with the work performed under this Contract.
Updated March 2023
SCHOOL BUS OPERATIONS
The contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage
in school bus operations using federally funded equipment or facilities in competition with
private operators of school buses, except as permitted under:
1. Federal transit laws, specifically 49 U.S.C. § 5323(f);
2. FTA regulations, "School Bus Operations," 49 C.F.R. part 605;
3. Any other Federal School Bus regulations; or
4. Federal guidance, except as FTA determines otherwise in writing.
If Contractor violates this School Bus Agreement, FTA may:
1. Bar the Contractor from receiving Federal assistance for public transportation; or
2. Require the contractor to take such remedial measures as FTA considers appropriate.
When operating exclusive school bus service under an allowable exemption, the contractor may
not use federally funded equipment, vehicles, or facilities.
The Contractor should include the substance of this clause in each subcontract or purchase
under this contract that may operate public transportation services.
SEISMIC SAFETY
The contractor agrees that any new building or addition to an existing building will be designed
and constructed in accordance with the standards for Seismic Safety required in Department of
Transportation (DOT) Seismic Safety Regulations 49 C.F.R. part 41 and will certify to compliance
to the extent required by the regulation. The contractor also agrees to ensure that all work
performed under this contract, including work performed by a subcontractor, is in compliance
with the standards required by the Seismic Safety regulations and the certification of
compliance issued on the project.
SIMPLIFIED ACQUISITION THRESHOLD
Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must
address administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as appropriate. (Note that
the simplified acquisition threshold determines the procurement procedures that must be
employed pursuant to 2 C.F.R. §§ 200.317-200.327. The simplified acquisition threshold does
not exempt a procurement from other eligibility or processes requirements that may apply. For
Updated March 2023
example, Buy America's eligibility and process requirements apply to any procurement in
excess of $150,000. 49 U.S.C. § 5323(j)(13).)
SPECIAL DOL EEO CLAUSE
The applicant hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modification thereof, as defined in the regulations of the
Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds
obtained from the Federal Government or borrowed on the credit of the Federal Government
pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any
Federal program involving such grant, contract, loan, insurance, or guarantee, the following
equal opportunity clause:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions
of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual orientation, gender identity, or
national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee
or applicant for employment because such employee or applicant has inquired about,
discussed, or disclosed the compensation of the employee or applicant or another employee or
applicant. This provision shall not apply to instances in which an employee who has access to
the compensation information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such disclosure is in
response to a formal complaint or charge, in furtherance of an investigation, proceeding,
Updated March 2023
hearing, or action, including an investigation conducted by the employer, or is consistent with
the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding, a notice to be provided
advising the said labor union or workers' representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the
administering agency and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1)
and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding
upon each subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the administering
agency, the contractor may request the United States to enter into such litigation to protect the
interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with
respect to its own employment practices when it participates in federally assisted construction
work: Provided, That if the applicant so participating is a State or local government, the above
Updated March 2023
equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under the contract.
SPECIAL NOTIFICATION REQUIREMENTS FOR STATES
Applies to States —
To the extent required under federal law, the State, as the Recipient, agrees to provide
the following information about federal assistance awarded for its State Program,
Project, or related activities:
(1) The Identification of FTA as the federal agency providing the federal assistance
for a State Program or Project;
(2) The Catalog of Federal Domestic Assistance Number of the program from which
the federal assistance for a State Program or Project is authorized; and
(3) The amount of federal assistance FTA has provided for a State Program or
Project.
b. Documents - The State agrees to provide the information required under this provision
in the following documents: (1) applications for federal assistance, (2) requests for
proposals or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other
publications.
SUBSTANCE ABUSE REQUIREMENTS
The Contractor agrees to establish and implement a drug and alcohol testing program that
complies with 49 C.F.R. part 655, produce any documentation necessary to establish its
compliance with part 655, and permit any authorized representative of the United States
Department of Transportation or its operating administrations, the State Oversight Agency, or
Agency, to inspect the facilities and records associated with the implementation of the drug
and alcohol testing program as required under 49 C.F.R. part 655 and review the testing
process. The Contractor agrees further to certify annually its compliance with part 655 and to
submit the Management Information System (MIS) reports to the Agency.
TERMINATION
Termination for Convenience (General Provision)
The Agency may terminate this contract, in whole or in part, at any time by written notice to
the Contractor when it is in the Agency's best interest. The Contractor shall be paid its costs,
including contract close-out costs, and profit on work performed up to the time of termination.
Updated March 2023
The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor.
If the Contractor has any property in its possession belonging to Agency, the Contractor will
account for the same, and dispose of it in the manner Agency directs.
Termination for Default [Breach or Cause] (General Provision)
If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or
if the contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
Agency 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 be paid only 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 Agency 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 Agency, after setting up a new delivery of performance schedule,
may allow the Contractor to continue work, or treat the termination as a Termination for
Convenience.
Opportunity to Cure (General Provision)
The Agency, in its sole discretion may, in the case of a termination for breach or default, allow
the Contractor [an appropriately short period of time] in which to cure the defect. In such case,
the Notice of Termination will state the time period in which cure is permitted and other
appropriate conditions
If Contractor fails to remedy to Agency's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written
notice from Agency setting forth the nature of said breach or default, Agency shall have the
right to terminate the contract without any further obligation to Contractor. Any such
termination for default shall not in any way operate to preclude Agency from also pursuing all
available remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach
In the event that Agency elects to waive its remedies for any breach by Contractor of any
covenant, term or condition of this contract, such waiver by Agency shall not limit Agency's
remedies for any succeeding breach of that or of any other covenant, term, or condition of this
contract.
Termination for Convenience (Professional or Transit Service Contracts)
The Agency, by written notice, may terminate this contract, in whole or in part, when it is in the
Agency's interest. If this contract is terminated, the Agency shall be liable only for payment
under the payment provisions of this contract for services rendered before the effective date of
termination.
Termination for Default (Supplies and Service)
Updated March 2023
If the Contractor fails to deliver supplies or to perform the services within the time specified in
this contract or any extension, or if the Contractor fails to comply with any other provisions of
this contract, the Agency may terminate this contract for default. The Agency shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature of the default. The
Contractor will only be paid the contract price for supplies delivered and accepted, or services
performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Agency.
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 Agency may terminate this contract for
default. The Agency shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature 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.
If this contract is terminated while the Contractor has possession of Agency goods, the
Contractor shall, upon direction of the Agency, protect and preserve the goods until
surrendered to the Agency or its agent. The Contractor and Agency shall agree on payment for
the preservation and protection of goods. Failure to agree on an amount will be resolved under
the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of the Agency.
Termination for Default (Construction)
If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence
that will ensure its completion within the time specified in this contract or any extension or fails
to complete the work within this time, or if the Contractor fails to comply with any other
provision of this contract, Agency may terminate this contract for default. The Agency shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature of the
default. In this event, the Agency 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 sureties shall be liable for
any damage to the Agency 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 liability includes any increased costs incurred by the Agency in completing the
work.
The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged
with damages under this clause if:
Updated March 2023
1. The delay in completing the work arises from unforeseeable causes beyond the control
and without the fault or negligence of the Contractor. Examples of such causes include:
acts of God, acts of Agency, acts of another contractor in the performance of a contract
with Agency, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. The Contractor, within [10] days from the beginning of any delay, notifies Agency in
writing of the causes of delay. If, in the judgment of Agency, the delay is excusable, the
time for completing the work shall be extended. The judgment of Agency shall be final
and conclusive for the parties, but subject to appeal under the Disputes clause(s) of this
contract.
3. 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 Agency.
Termination for Convenience or Default (Architect and Engineering)
The Agency may terminate this contract in whole or in part, for the Agency's convenience or
because of the failure of the Contractor to fulfill the contract obligations. The Agency shall
terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent,
and effective date of the termination. Upon receipt of the notice, the Contractor shall (1)
immediately discontinue all services affected (unless the notice directs otherwise), and (2)
deliver to the Agency 's Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
whether completed or in process. Agency has a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports,
estimates, summaries, and other information and materials.
If the termination is for the convenience of the Agency, the Agency's Contracting Officer shall
make an equitable adjustment in the contract price but shall allow no anticipated profit on
unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Agency
may complete the work by contact or otherwise and the Contractor shall be liable for any
additional cost incurred by the Agency.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination had been issued for the convenience of Agency.
Termination for Convenience or Default (Cost-Type Contracts)
The Agency may terminate this contract, or any portion of it, by serving a Notice of Termination
on the Contractor. The notice shall state whether the termination is for convenience of Agency
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
Updated March 2023
the Agency, or property supplied to the Contractor by the Agency. If the termination is for
default, the Agency 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 Agency and the parties shall
negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of Agency, the Contractor shall be paid its contract
close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the
work performed up to the time of termination.
If, after serving a Notice of Termination for Default, the Agency determines that the Contractor
has an excusable reason for not performing, the Agency, after setting up a new work schedule,
may allow the Contractor to continue work, or treat the termination as a Termination for
Convenience.
VETERANS HIRING PREFERENCE
Veterans Employment - Recipients and subrecipients of Federal financial assistance shall ensure
that contractors working on a capital project funded using such assistance give a hiring
preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who
have the requisite skills and abilities to perform the construction work required under the
contract. This subsection shall not be understood, construed or enforced in any manner that
would require an employer to give a preference to any veteran over any equally qualified
applicant who is a member of any racial or ethnic minority, female, an individual with a
disability, or a former employee.
VIOLATION AND BREACH OF CONTRACT
Disputes:
Disputes arising in the performance of this Contract that are not resolved by agreement of the
parties shall be decided in writing by the authorized representative of the agency. This decision
shall be final and conclusive unless within [10] days from the date of receipt of its copy, the
Contractor mails or otherwise furnishes a written appeal to the agencies authorized
representative. In connection with any such appeal, the Contractor shall be afforded an
opportunity to be heard and to offer evidence in support of its position. The decision of the
agencies authorized representative shall be binding upon the Contractor and the Contractor
shall abide be the decision.
Performance During Dispute:
Unless otherwise directed by the agencies authorized representative, contractor shall continue
performance under this contract while matters in dispute are being resolved.
Updated March 2013
Claims for Damages:
Should either party to the contract suffer injury or damage to person or property because of any
act or omission of the party or of any of his employees, agents or others for whose acts he is
legally liable, a claim for damages therefore shall be made in writing to such other party within a
reasonable time after the first observance of such injury or damage.
Remedies:
Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in
question between the agencies authorized representative and contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the Agency is located.
Rights and Remedies:
Duties and obligations imposed by the contract documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights
and remedies otherwise imposed or available by law. No action or failure to act by the Agency
or contractor shall constitute a waiver of any right or duty afforded any of them under the
contract, nor shall any such action or failure to act constitute an approval of or acquiescence in
any breach thereunder, except as may be specifically agreed in writing.
TRAFFICKING IN PERSONS
The contractor agrees that it and its employees that participate in the Recipient's Award, may
not:
(a) Engage in severe forms of trafficking in persons during the period of time that the
Recipient's Award is in effect;
(b) Procure a commercial sex act during the period of time that the Recipient's Award is in
effect; or
(c) Use forced labor in the performance of the Recipient's Award or subagreements
thereunder.
FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS
(1) The contractor certifies that it:
(a) Does not have any unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability; and
Updated March 2023
(b) Was not convicted of the felony criminal violation under any Federal law within the
preceding 24 months.
If the contractor cannot so certify, the Recipient will refer the matter to FTA and not
enter into any Third Party Agreement with the Third Party Participant without FTA's
written approval.
(2) Flow-Down. The Recipient agrees to require the contractor to flow this requirement down
to participants at all lower tiers, without regard to the value of any subagreement.
SEVERABILITY
The Contractor agrees that if any provision of this agreement or any amendment thereto is
determined to be invalid, then the remaining provisions thereof that conform to federal laws,
regulations, requirements, and guidance will continue in effect.
Updated March 2023
City of Lubbock, TX
RFP 23-17485-KM
Body Work and Accident Damage Repair for Citibus
Vehicle Auto Body 8 Collision Repair Price Sheet
Exhibd C
;E SHEET INSTRUCTIONS - Enter the unit price in the column mdicated in the BLUE fields. Please use this spread sheet within the Excel program so that tf
nded Cost can automatically be calculated. Pricing quoted on this price sheet must remain firm for the term of the contract Any exception taken per the
ifications' or price sheet may be deemed non-responsive, if not approved by way of addendum. The proposal will be awarded by group, the City reserves the
to award what is most advantageous to the City to the vendor(s) meeting specifications. It is the proposer's responsibility to verify all calculations The
entage Discount (example: -10, -15, -20, etc..) & Unit Price listed must remain firm for the term of the contract. Awards will be based on proposal rankinqs.
Precision Body Works, LLC
BODY SHOP TRANSIT BUSES AND EQUIPMEN
RATES ESTIMATED Estimated Enter Mark-Up Part
ITEM # DESCRIPTION USAGE Unit Amount Percentage Discount Extended Cost
1 Body Labor Rate $130.00 500 Hours $ 65,000.00 $ 65,000.00
2 Paint Labor Rate $13�.00 500 Hours $ 65,000.00 $ 65,000.00
3 Paint Materials / Su lies Rate $50 00 500 Hours $ 25,000.00 $ 25,000.00
4 Mechanical Re air Rate $130.Ofl 500 Hours $ 65,000.00 $ 65,000.00
5 Frame / Uni-bod Labor Rate $130.00 500 Hours $ 65,000.00 $ 65,000.00
6 Parts
. ESTIMATED Unit Price for
ITEM # DESCRIPTION USAGE Unit Towing Extended Cost
owmg o om i y oca ion _ _
7 (Two-way Trip) 100 Each g _
TRANSIT TOTAL 285,000.00
�,� � �'�,�`
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VENDOR ACKNOWLEDGEMENT
In compliance with this procurement, the undersigned offeror having examined the request for
proposal, instructions to offerors, documents associated with the request for proposals, and being
familiar with the conditIons to be met, has reviewed the information regarding:
• Insurance Requirements
• Suspension and Debarment Certification
• Texas Government Code Section 2252.152
• Texas Government Code Section 2271.002
• Texas Government Code 2274
An individual authorized to bind the company must sign the following section. Failure to execute this
portion may result in proposal rejection.
, J �
Autho ' ed Signature
5 r-
Prin ype Name
�s� l�oct-�ra
Company Name
Name and Title:
Mailing Address:
city, state, 73p:
Telephone No:
Faz No:
E-Mail:
� ��
Title
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Date
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Address
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Clty, State Zip Code
Contact for questions, clarifications, etc.
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Exhibit D
INSURANCE REQUIREMENTS
Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate
to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages,
limits, and termination provisions shown thereon, and which shall furnish and contain all required information
referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER
THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY.
The City reserves the right to review the insurance requirements of this section during the effective period of the
contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent
by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as
the Contractor.
Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City,
the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any
extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State
of Texas and acceptable to the City, in the following type(s) and amount(s):
Commercial General Liabilitv Requirements: $1 M occurrence /$2M aggregate (can be combined with an
Excess Liability to meet requirement). CGL is required in ALL contracts. It is perhaps the most important of all
insurance policies in a contractual relationship. It insures the Contractor has broad liability coverage for
contractual activities and for completed operations.
Commercial General Liability to include Products — Completion/OP, Personal and Advertising Injury,
Contractual Liability, Fire Damage (any one fire), and Medical Expenses (any one person).
Automobile Liabilitv Requirements: $1M/occurrence is needed
Workers Compensation and Emplover Liability Repuirements: Statutory. If the vendor is an independent
contractor with no employees and are exempt from providing Workers' Compensation coverage, they must sign
a waiver (obtained from COL Purchasing) and include a copy of their driver's license.. Employer Liability
($1 M) is required with Workers Compensation.
Garage Liabilitv Requirements: No less than $2,000,000 combined single limit.
Garagekeepers Legal Liabilitv Requirements: No less than $1,000,000 per location.
* The City of Lubbock (including its officials, employees and volunteers) shall be afforded additional insured
status on a primary and non-contributory basis on all liability policies except professional liabilities and
workers' comp.
* Waivers of Subrogation are required for CGL, AL, and WC.
* To Include Products of Completed Operations endorsement.
* Carrier will provide a 30-day written notice of cancellation, 10-day written notice for non-payment.
* Carriers must meet an A.M. Best rating of A- or better.
* Subcontractors must carry same limits as listed above.
IMPORTANT: POLICY ENDORSEMENTS
The Contractor will provide copies of the policies without expense, to the City and all endorsements thereto and
may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions,
limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either
of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor
shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof.
Any costs will be paid by the Contractor.
R�.QUIRED PROVISIONS
The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s)
of insurance will contain and state, in writing, on the certificate or its attachment, the following required
provisions:
a. Name the City of Lubbock and its officers, employees, and elected representatives as additional
insureds, (as the interest of each insured may appear) as to all applicable coverage;
b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change;
c. Provide for notice to the City at the address shown below by registered mail;
d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees,
and elected representatives for injuries, including death, property damage, or any other loss to the
extent same may be covered by the proceeds of insurance;
e. Provide that all provisions of this contract concerning liability, duty, and standard of care together
with the indemnification provision, shall be underwritten by contractual liability coverage sufficient
to include such obligations within applicable policies.
NOTICES
The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less
than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF
INSURANCE.
All notices shall be given to the City at the following address:
Marta Alvarez, Director of Purchasing & Contract Management
City of Lubbock
1314Avenue K, 9�' Floor
Lubbock, Texas 79401
Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not
relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract
documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate
the Contractor from liability.
CERTIFICATE OF INTERESTED PARTIES FORnn 1295
�of�
Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested panies. CERTIFICATION OF FILING
1 Name of business entiry filing form, and the city, state and country of the business entity's place Certificate Number:
of business. 2023-1067554
PRECIStON BODY WORKS,INC
Lubbock, TX United States nate Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/05/2023
being filed.
PRECISION BODY WORKS, INC. Date Acknowledged:
10/23/2023
g Provide the identification number used by the governmental entiry or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
RFP23-17485
DAMAGE REPAIR TO CITIBUS
4 Nature of interest
Name of Interested Party City, State, Country (place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is , and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalry of perjury that the foregoing is true and correct.
Executed in County, State of , on the day of , 20
(month) (year)
Signature of authorized agent of contracting business entiry
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.99923476
CERTIFICATE OF INTERESTED PARTIES FORM 1295
lofl
Complete Nos. i- 4 and 8 if there are interested parties.
OFFICE USE ONLY
Complete Nos. i, 2, 3, 5, and s ff there are �o interested panles. CERTtFICATION OF FILING
i Name of business eMtty lilin9 form, and the city, state and oountry of the business entity's place 2�ficate7�u�mber:
of business.
PRECISION BODY WORKS,INC
Lubbock, 7X United States Date Filed:
2 Name gwemmeenal en ry or atate agency that s a party to the contract r ch e rm s 09/05/2023
being flled.
PRECISION BOOY WORKS, INC. Date Acknowledged:
g Provtde the tdemifEcatton number used by the govemmentel entlty or state agancy to track or idendfy the contract. arai Provide a
desc�iptton of the services, goods, or other properly to be provided ander the wnvaet
RFP23-17485
DAMAGE REPAIR TO CITIBUS
Nature of tMerest
4 �e ��n���� p�y City, State. Country (place of buaMess) (eheck applloeble}
Convolitng Intenr�ed
��GCl.Si� �D�l ��fQ�-S .�3.�,, �.b��� 1�hi � X
5 Check only if there is NO Interested Party. Q
X
8 UNSWORN TION
My name is , �• � • and my dete of birth is � �
�y �,dre� � �30� �+��' ��e,et .1��4�cc.�- , �. 'i a .�.
c�� c�� c��� cav �ae� c�r>
I declare under pe�alty of peryury that the foregoing is hue and correct
Executed in ��A l��',�iC�� Courriy, State of � on the � dey of��, 20 �.
(month) (year)
Stgnaare of authoAzed apent of comracdng business entity
(Dederent)
Forms provided by Texas Ethics Commission www.ethics.state.bc.us Version V3.5.1.99923476