HomeMy Public PortalAboutORD16367BILL NO. 2023-027
SPONSORED BY Councilmember Spencer
ORDINANCE NO. /13(7
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH NS
CORPORATION IN THE AMOUNT OF $266,845.76 FOR THE REMOVAL OF
INTERIOR WORKINGS OF THE TRANSIT BUS WASH AND THE INSTALLATION OF
THE NEW BUS WASH SYSTEM.
WHEREAS, NS Corporation, has become the apparent best bidder for the Transit Bus
Wash Replacement, Bid No. RFP4135.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid (Option A) of NS Corporation, is declared to be the lowest and
best bid and is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with NS Corporation for Transit Bus Wash Replacement.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed:
Presiding Officef-
ATTEST:
Approved: k . o , 2026
Mayor Ron F' eater
APPROVED AS TO FORM:
EXHIBIT A
CITY OF JEFFERSON
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and
between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as
"City", and N/S Corporation, hereinafter referred to as "Contractor".
WITNESS ETH:
THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the
supervision, labor, tools, equipment, materials and supplies for the following City improvements for the
removal and replacement of the Transit Bus Wash station located at Central Maintenance.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Work.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the removal
and replacement of the Transit Bus Wash station equipment located at Central Maintenance, as set forth in
Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of
this agreement shall govern and prevail.
A. Design Phase. The Contractor shall perform all design services and provide all material,
equipment, tools, and labor necessary to complete the work described in and reasonably
inferable as attached hereto as Exhibit B. The drawings of the design of the Bus Wash building
shall be approved by an Agent of the City of Jefferson's Public Works Department before
beginning construction work on the building.
B. Construction Phase. The Contractor shall be responsible for installation of new equipment
included in Exhibit B attached hereto that is required for the Bus Wash Building station to
operate with high quality to provide long life and reliable operation. The Contractor shall be
responsible for the installation of the new Bus Wash station equipment in accordance with the
approved Design Plans and the removal of the previous equipment and any debris as needed.
2. Payment.
The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment
schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of
Jefferson's Public Works Department and in accordance with the rates and/or amounts stated in the bid of
Contractor dated June 15, 2023, which are by reference made a part hereof. No partial payment to
Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total
amount of this contract shall not exceed an estimated amount of Two Hundred Sixty-Six Thousand Dollars
and Eight Hundred Forty-Five Dollars and Seventy-Six cents. Payment of Thirty Percent (30%) shall be
made to Contractor upon receipt of purchase order of the order. An additional payment of Thirty Percent
{30%) shall be made to Contractor upon completion of approved drawings. Thereafter, progressive
payments will be made upon regular payment applications submitted in writing by Contractor to the City.
3. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies
necessary to perform, and to perform said work at contractor's own expense in accordance with the contract
documents and any applicable City ordinances and state and federal laws within six (6) months oftbe date
of the last signature executed below.
documents and any applicable City ordinances and state and federal laws within six (6) months of the date
of the last signature executed below.
4. Additional Services.
The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth
in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as
specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the
direction of the City. All such directives and changes shall be in written form and approved by the City
and shall be accepted and countersigned by the Contractor or its agreed representatives.
5. Prevailing Wages.
If the bid price is $75,000 or higher, prevailing wage will apply to public works projects. To the extent that
the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less
than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by
Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal
Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the
prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate
of wages from the contents of Annual Wage Order No. 29 Section 026 in which the rate of wages is set
forth. Contractor further agrees that Contractor will keep an accurate record showing the names and
occupations of all workers employed in connection with the work to be performed under the terms of this
contract. The record shall show the actual wages paid to the workers in connection with the work to be
performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent
each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred
Dollars ($100.00) for each worker employed, for each calendar day or portion thereof that the worker is
paid less than the stipulated rates for any work done under this contract, by Contractor or any subcontractor
under the Contractor
6. Personnel to be Provided.
The Contractor represents that Contractor has or will secure at its expense all personnel required to
perform the services called for under this contract by the Contractor. Such personnel shall not be
employees of or have any contractual relationship with the City except as employees of the Contractor.
All of the services required hereunder will be performed by the Contractor or under the Contractor's
direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized
under state and local law to perform such services. None of the work or services covered by this contract
shall be subcontracted except as provided in Exhibit A without the written approval of the City.
7. Insurance.
Contractor shall procure and maintain at its own expense during the life of this contract:
A. Workmen's Compensation Insurance for all of its employees to be engaged in work under
this contract.
B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims
arising out of a single occurrenC<l and $500,000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in
an amount not less than $3,000,000 for all claims arising out of a single accident or
occurrence and $500,000 for any one person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising
out of a single accident or occurrence and $500,000 for any one person in a single accident
or occurrence.
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D. Owner's Protective Liability Insurance. The Contractor shall also obtain at its own expense
and deliver to the City an Owner's Protective Liability Insurance Policy naming the City
and the City as the insured, in an amount not less than $3,000,000 for all claims arising out
of a single accident or occurrence and $500,000 for any one person in a single accident or
occurrence, except for those claims governed by the provisions of the Missouri Workmen's
Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes
liability for damage to underground structures or by reason of blasting, explosion or
collapse. Such policy shall not be required if the City of Jefferson is endorsed as an
additional insured under the policies described in Sub-paragraphs B and C above and such
are not subject to cancellation or modification without thirty (30) days' notice to the City.
E. Subcontracts. In case any or all of this work is sublet, the Contractor shall require the
Subcontractor to procure and maintain all insurance required in Sub-paragraphs A, B, and
C hereof and in like amounts.
F. Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs B
and C hereof shall provide adequate protection for Contractor and its subcontracts,
respectively, against damage claims which may arise from operations under this contract,
whether such operations be by the insured or by anyone directly or indirectly employed by
it, and also against any special hazards which may be encountered in the performance of
this contract.
NOTE: Paragraph F is construed to require the procurement of Contractor's protective insurance
( or contingent public liability and contingent property damage policies) by a general Contractor
whose subcontractor has employees working on the project, unless the general public liability and
property damage policy (or rider attached thereto) of the general Contractor provides adequate
. protection against claims arising from operations by anyone directly or indirectly employed by
Contractor.
8. Contractor's Responsibility for Subcontractor.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its
subcontractor, and of persons either directly or indirectly employed by them, as Contractor is for the acts
and omissions of persons it directly employs. Contractors hall cause appropriate provisions to be inserted
in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set
forth, insofar as applicable to the work of subcontractor and to give Contractor the same power regarding
termination of any subcontract as the City may exercise over Contractor under any provisions of this
contract. Nothing contained in this contract shall create any contractual relations between any subcontractor
and the City or between any subcontractor.
9. Independent Contractor.
The Contractor is an independent Contractor and nothing herein shall constiMe or designate the
Contractor or any of its employees as agents or employees of the City.
10. Benefits not Available.
The Contractor shall not be entitled to any of the benefits established for the employees of the City and
shall not be covered by the Workmen's Compensation Program of the City.
11. Liquidated Damages.
The City may deduct Two Hundred Fifty Dollars ($250.00) from any amount otherwise due under this
contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with
such diligence as will ensure the completion by the time above specified, or any extension thereof, or fails
to complete the work by such time, as long as the City does notterminate the right of Contractor to proceed.
It is further provided that Contractor shall not be charged with liquidated damages because of delays in the
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completion of the work due to unforeseeable causes beyond Contractor's control and without fault or
negligence on Contractor's part or the part of its agents.
12. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to
Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a
bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver
should be appointed for Contractor or for any of its property, or if Contractor should persistently or
repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor
should refuse or fail to make prompt payment to any person supplying labor or materials for the work under
the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions
of the contract.
13. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and
prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable
to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case
the City may take possession of, and utilize in completing the work, such materials, appliances and
structures as may be on the work site and are necessary for completion of the work. The foregoing
provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of
the contract, city ordinances, and state and federal laws.
14. Indemnity.
To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City,
its elected and appointed officials, employees, and agents from and against any and all claims, damages,
losses, and expenses including attorneys' fees arising out ofor resulting from the performance of the work,
provided that any such claim, damage, loss or expense (I) is attributable to bodily injury, sickness, disease,
or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of
use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of Contractor,
any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of
them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of
indemnity which would otherwise exist as to any party or person described in this paragraph.
15. Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done and for all the materials used in the construction
of the work to be completed pursuant to this contract.
16. Supplies.
Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of
goods and materials for the project as set out in Section 144.062, RSMo 1986 as amended.
17. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than ten ( I 0) days after
the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment
of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers
compensation insurance and all other insurance called for under this contract, and the payment of the
prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the
City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute
discretion. The amount of the bond shall be equal to the Contractor's bid.
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18. Knowledge of Local Conditions.
Contractor hereby wa!T8nts that it has examined the location of the proposed work and the attached
specifications and has fully considered such local conditions in making its bid herein.
19. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or
enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not
so adjudged.
20. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri
shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit
and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce
this contract, the City shall be entitled to recover its attorneys' fees and expenses incurred in such action.
21. Contract Documents.
The contract documents shall consist of the following:
a. This Contract d. Notice to Bidders
b. Addenda e. Signed Copy of Bid
c. Information for Bidders f. Drawing and/or Sketches
This contract and the other documents enumerated in this paragraph, form the contract between the parties.
These documents are as fully a part of the contract as if attached hereto or repeated herein.
22. Complete Understanding, Merger.
Parties agree that this document, including those documents described in the section entitled "Contract
Documents", represent the full and complete understanding of the parties. This contract includes only those
goods and services specifically set out This contract supersedes all prior contracts and understandings
between the Contractor and the City.
23. Anthorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and that the contract
should not be construed as having been drafted by either party. In the event that either party shall seek to
enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to
receive, in addition to any other relief, its reasonable attorneys' fees, expenses and costs.
24. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by whosoever
made; nor shall any modification of it be binding upon the City until such written modification shall have
been approved in writing by an authoriz.ed officer of the City. Contractor acknowledges that the City may
not be responsible for paying for changes or modifications that were not properly authorized.
25. Waiver of Breach.
Failure to insist upon strict compliance with any of the terms, covenants or conditions herein shall not be
deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be
deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
26. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the
express consent of the remaining party.
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The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same
(whether by assignment or novation), without prior written consent of the City thereto. Any such
assignment is expressly subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as provided herein, and no
such assignment shall require the City to give any notice to any such assignee of any actions which the
City may take under this agreement, though City will attempt to so notify any such assignee.
27. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the grounds of race, creed,
color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any
employee of Contractor or applicant for employment, and shall include a similar provision in all
subcontracts let or awarded hereunder.
28. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment
and participation in a federal work authorization program with respect to the employees
working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall
provide proof of citi7.enship or lawful presence of the owner prior to issuance of the Notice
to Proceed.
29. Construction Safety Program Requirements.
a. Contractor shall require all on-site employees to complete the ten-hour safety training
program required pursuant to Section 292.675 RSMo, if they have not previously
completed the program and have documentation of having done so. All employees working
on the project are required to complete the program within sixty ( 60) days of beginning
work on the Project
b. Any employee found on the worksite subject to this section without documentation of the
successful completion of the course required under subsection (a) shall be afforded twenty
(20) days to produce such documentation before being subject to removal from the project.
c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two
Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($100.00) for each
employee employed by Contractor or subcontractor, for each calendar day, or portion
thereof, such employee is employed without the required training. The penalty shall not
begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall
withhold and retain from the amount due Contractor under this Contract, all sums and
amounts due and owing City as a result of any violation of this section.
30. Existing Data.
All information, data and reports as are existing, available and necessary for the carrying out of the work,
shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the
Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be
liable for the accuracy of the information furnished by the City.
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31. Confidentiality.
Any reports, data or similar infonnation given to or prepared or assembled by the Contractor under this
contract which the City requests to be kepi as confidential shall not be made available to any individual or
organization by the Contractor without prior written approval of the City
32. Books and Records.
The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records
and other evidence pertaining lo costs incurred in connection with this contract, and shall make such
materials available al their respective offices al all reasonable times during the contract and for a period of
three (3) years following completion of the contract.
33. Nonsolicitation.
The Contractor warrants that they have not employed or retained any company or person, other than a
bona fide employee working solely for the Contractor, lo solicit or secure this contract, and that they have
not paid or agreed lo pay any company or person, other than a bona fide employee working solely for the
Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this contract For breach or violation of this warranty, the
City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the
contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage,
brokerage fee, gifts, or contingent fee.
34. Delays.
Thal the Contractor shall no! be liable for delays resulting from causes beyond the reasonable control of
the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly
set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or
consequential damages.
35. Federal Terms
The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in
Exhibit C shall be fully considered in preparing responses and performing work under any
resulting award.
35. Notices.
All notices required or pennitted hereinunder and required lo be in writing may be given by first class mail
addressed lo the following addresses. The date and delivery of any notice shall be the dale falling on the
second full day after the day of its mailing.
lfto the City:
City of Jefferson
Department of Public Works
320 East McCarty Street
Jefferson City, Missouri, 65101
If to the Contractor:
N/S Corporation
Francis Tenggardjaja
235 W. Florence Ave
Inglewood, California 9030 I
[Signatures ta Follow on Next Page]
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CITY OF JEFFERSON, MISSOURI N/S CORPORATION
Mayor, Rot F'tzwat
Date: 0 s rZ 23
ATTEST:
APPROVED AS TO FORM:
L r �
Title: Francis Tenggardjaja,Executive Vice President
Date: 07/25/2023
ATTEST:
4741
Title: 4nisirw•1wo Assfwnf-
8
EXHIBIT B
235 West Florence Ave , Inglewood California 90301
June 15 , 2023
City of Jefferson
320 E. McCarty Street
Jefferson City MO 65101
Evaluation Committee ,
Reference : Project RFP 4135 (1) 4148 Drive-Thru System
NS CORPORATION
310.412.7074
800.782 .1582
Fax310.673.0276
NS Corporation , a USA ISO-9001 USA certified manufacturer of vehicle wash systems since1961, is
pleased to submit a quote for one (1) 4148 Drive-Thru . Please see video at:
https ://youtu .be/SpUBzYcldbQ
Aluminum high pressure , drive-thru truck and bus wash system . 144-inch vehicle clearance with
one pair of side brushes to physically scrub the sides of the buses and paratransit's
NS wm turnjsh touowjna Egujpment
Entrance light
4-inch curb rail system , 7" high -50 feet
Stainless steel skid plates .
diffuse electronic eye activation systems
chemical saving applicator arche
Set of set brushes
Air retrack system .
Back intensifier chemical
Back intensifier arch system .
Detergent injection systems -(DIS-200) positive displacement chemical metering pump .
Undercarriage spray at entrance and exit.
High pressure arch with 1 O spinners , 2-inch arch pipe ,
Water make up system .
3" solenoid valve at connection /distribution point.
High pressure pumping system , Requires 3-inch discharge line .
Holding tank
Floats for tank
PLC touchscreen control system
Option 1
Drag mop
(Keep Water in bay)
Manufacturers of Vehicle Cleaning Equipment ;nee 1961
EXHIBIT B
235 West Flore nce Ave , Inglewood California 90301
NS wm perform and/or comply with the following:
• Design , manufacture, and delivery of the equipment to the jobsite
NS CORPORATION
310.412 .7074
800.782.1582
Fax310.673.0276
• NS will make every effort to use a DBE Freight company for delivery of equipment
• Electrica l, plumb ing and pneumatics interconenctions/ final to NS equipment
• Demo /Erection of equipment (Demo if city will not be pa in ting wash bay)
• 1-year on parts and labor
• Buy America and certified payroll
• Work time line will be 4 weeks for shop DWGs, 6-8 weeks for production , 1 week
shipping, 2 weeks for installation and 3 days start up , training and signoff. Estimated
project 12-16 weeks .
(This can be improved if opening in production schedule when receive letter of intent)
Exdus;ons:
Citv wm be responsible for:
• Backflow preventer in wash bay
• Grating of any kind
• All site electrical , plumb ing & pneumatics requirements to NS wash
• equipment .
• Cement work of any kind , above or below ground
• Below ground tanks or drains of any kin d to inclu de drainage.
• Truces of any kind
• Lighting of any kind
• Doors of any kind .
• Min city water pressure required is 60 PSI.
Lump sum price for the Bus Wash equipment, responsibilities, and exclusions as described
above $ See attachment A
Option 1 (Drag mop to help keep water in bay)
$ See attachment A
Note: NS will bid out the shop DWGs to DBE and WBE electrical and plumbing
interconnections when full shop DWGs are approved. We will make every effort to meet
your DBE goal.
Payment Terms: USO 30% with order (nonrefundable) 30% with approved shop DWG
then progressive payments .
Thank you for working with NS on this project. If you have any questions, please contact me on my
direct line 440-370-5056 . Please note that we can provide additional options and wash selections .
Best regards ,
David Newell
Business Development Manager
NS Corporation
440 .370 .5056
800 .782 .1582 x227
davidn@nswash .com
www.nswash .com
Manufacturers of Vehicle Cleaning Equipment mce 19 1
HPW-414B SPECIFICATIONS
A. GENERAL
HPW-4148
SPECIFICATIONS
s
N/S CORPORATION
A.1 This specification describes a hybrid type washing system with friction (nylon
brushes) and high-pressure cleaning elements. This system shall Incorporate zero-
degree nozzles, spinner, motors, pumps, piping, control panels, and one set of 2
vertical rotating side-only brushes and all other appurtenances necessary for a
complete washing system. Waterforthe system shall be drawn from the freshwater
tanks.
A.2 Standard of reference for the Wash System is the N/S Wash Systems model HPW-
414B or approved equal. Such approved equal must be obtained prior to bid
opening. N/S Ccrporation (440}-370-5056
A.3 The high-pressure cleaning component of the wash is a high pressure/high flow
Cleaning System utilizing a minimum of ten rotating spinners mounted on an arch
frame assembly. Eight side and two top mounted spinners shall provide full
coverage for proper cleaning of all types of vehicles. The friction cleaning
component of the wash consists ofone (1) set of two (2) rotating vertical brushes to
scrub the sides of the vehlcle only with an agitating motion for scrubbing. The
Manufacture shall supply all controls and activation systems required for the proper
operation of this system.
A.4 Nozzles and Piping -Spinner Nozzles shall be zero degree. Piping shall be
schedule 40 galvanized steel.
A.8 Quality Assurance
To ensure the user of the highest quality equipment available, the manufacturer
shall have a minimum of five (5) years of experience manufacturing the equipment
as specified herein and must be ISO 9001 :2015 Certified or a third-party
Certification in Quality Management. The Certificate shall be valid for the following
scope. Design, manufacture, maintenance, service, and management of Installation
of vehicle wash systems, components, and spare parts. The wash manufacturer
shall also provide experienced supervisory personnel specializing in the installation
of wash systems and products and equipment, with at least five (25) years of
experience in the type of work indicated and specified. All control panels shall be UL
listed and manufactured be the vehicle wash manufacture.
B. SCOPE OF RESPONSIBILITY
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HPW-414B SPECIFICATIONS N/S CORPORATION
B.1 Wash System
The wash system supplier shall be responsible for the design and to provide all
necessary equipment and material for a complete operational automatic drive
through wash system, including activating switches, electrical solenoids, and motor
starters. The wash system supplier shall be responsible for the erection and testing
of the wash system and customer training.
B.2 Electrical
All field electrical work, including conduit and wiring runs and interconnections
between all wash system components and power to the wash control panel is the
responsibility of others (Electrical Contractor).
B.3 Plumbing and Mechanical
All field plumbing and mechanical work including plumbing supplies and shut off
valves required between all wash system components is the responsibility of others
(Plumbing Contractor).
C. ENTRY LIGHT SYSTEM
C.1 A set of LED lights shall be located at the entrance of the bus wash. The lighting
system to be a traffic signal unit consisting of a RED and Green LED lights. The
red / green entrance signal light will illuminate, indicating the wash equipment is
ready for operation. When the vehicle activates the first emitter receiver, the
traffic light shall change from green to red indicating that the wash equipment is
in use.
D. FRAMEWORK
D.1 The free-standing arch system shall be constructed of corrosion resistant aluminum,
6061-T6 or better alloy, having a yield strength of 40,547 psi, an elongation of 6.5%
and a tensile strength of 43,245 psi. Aluminum shall be required for its resistance to
corrosion and high strength ratio. Galvanized steel framework will not be acceptable
do to rust deterioration of the framework. 15' vehicle clearance.
D.2 To eliminate galvanic reaction, bituminous caulking, chrome-plated washers and
bolts, or plastic or fiber washers and gaskets shall be used where appropriate when
steel and aluminum come into direct contact.
D.3 The framework shall be completely freestanding and self-supporting. All anchor
bolts shall be Stainless Steel.
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HPW -4148 SPECIFICATIONS N/S CORPORATION
F. DETERGENT SPRAY UNIT
F.1 The supporting structure for the detergent spray unit shall be freestanding with the
brush package. It shall consist of a frame constructed of structural aluminum tubing.
This frame shall be welded to aluminum base plates. The supporting structure shall
mountto the floor with a minimum offour (4) lag bolts at each base plate. The lag
bolts shall have a diameter of 1 /2" and a length not greater than 5". The supporting
structure shall be strengthened with additional knee braces or support guides to
assure a secure structure for mounting the spray pipes.
F.2 Spray pipes shall be mounted on the supporting structure. The spray pipes shall be
constructed of 1", schedule 40 pipe to which brass or stainless-steel nozzles,
depending on the chemical to be used. will be affixed. The volume of water passing
through the detergent spray unit shall assure complete coverage of all vehicle
surfaces.
F.3 The spray pipes shall apply detergent-injected water to the surfaces of all vehicles.
Injection of detergent shall be accomplished by means of corrosion resistant,
positive displacement metering pump, which will automatically pick up a
concentrated detergent from a corrosion-resistant tank and maintain an accurate
adjustable ratio ofdetergentto water. Output from the pump shall be monitored and
controlled by means of a flow meter and shall be infinitely variable from 0-1 gpm.
Check valves shall be affD<ed to the piping to provide instant start of the detergent
injected water spray by keeping the arch full.
F.4 The lower ends of each of the spray pipes shall be equipped with a means for
draining and flushing debris from the pre-wetting detergent spray unit.
G. UNDERCARRIAGE WASH/ RINSE
G.1 The undercarriage wash unit (1-each) shall be provided by a 3/4" diameter,
schedule 40, galvanized pipe with brass or stainless-steel nozzles, mounting
brackets and manual shut-off valve.
G.2 The undercarriage wash/ rinse units shall have a removable cover plate. The entire
wash/ rinse unit shall be mounted below the floor surface in the area under the final
spray rinse unit. The undercarriage wash shall be placed under the high-pressure
rinse arch and be pressurized with fresh water from the rinse pump. Flow to the
undercarriage shall be controlled by a manually adjustable ball valve.
G.3 Sufficient water shall be supplied at a minimum of 60 psi through the nozzles to
completely cover the underside of the vehicle being cleaned in the wash.
3
HPW-4148 SPECIFICATIONS N/S CORPORATION
H. 2-BRUSH SIDE CLEANING UNIT
H.1 The wash system shall have a total of two (2) vertical rotating brushes, self-adjusting
to allow for variation in vehicle width.
H.2 Two brushes each shall be capable of cleaning the vehicle sides. The drive motor
must not exceed 2 HP and shall be mounted on an aluminum plate. The flexible
coupling shall be a superflex type, one that has been in the field and in use for the
past 10 years. This set of two brushes shall be provided to wash the vehicle sides
only. These brushes shall be supported by bearings on both the top and bottom
with the superflex coupling and breakaway mechanism at the lower support.
H.3 Each brush shall be supplied with detergent-Injected water by its own spray pipe.
Each such spray pipe shall be constructed of 1" schedule 40 galvanized pipe with
the appropriate number of brass spray nozzles to lubricate the brush with enough
soapy water to properly wash all vehicles and keep the brush clean.
H.4 The brush configuration shall be color-coded with blue and white colors. The
brush fill material shall be polyethylene fiber of a type and style pre-flagged (soft
ends} so as not to scratch glass windows. Each brush pad shall have a rubber
backing made of 7-3/4" sections and must be fastened to a 4-3/4" steel shaft with
3 brush rivets. The shape shall be of a cruciform to improve the water flow. This
shall be done for ease of brush replacement and ease of brush reordering for a
cost savings effect. The primary means for washing the surface of the sides shall
be by means of rotating brushes, the brushes should perform horizontal rotation
cleaning and vertical up and down rotational cleaning with variable multi diameter
on the brush material. Horizontal rotary cleaning action only without vertical up
and dawn rotalional cleaning shall not be acceptable.
H.5 Side brushes shall have a brush air retract switch at the entrance of the wash
system.
H.6 Including an air regulator, lubricator, water trap and timer. Hydraulic controlled
retract systems will not be accepted.
H.7 A 24-volt activator switch emitter/ receiver shall activate the spray. The activator
switches shall operate on a 24-volt power. The activation system shall provide
positive on control and be shut off with an adjustable timer.
I. VESSELS
1.1 All holding vessels shall be flat bottom and made of a chemical inert corrosion
resistant material such as linear polyethylene. This material must resist ultraviolet
rays, stress cracking and be warranted for a minimum of three years. It shall be a
completely enclosed vessel to eliminate any overflow other than through the proper
overflow piping. II shall incorporate a screw down manhole cover made from the
4
HPW -414B SPECIFICATIONS N/S CORPORATION
similar material to allow container Inspection as required.
1.2 Each flat-bottomed vessel shall be free standing and not require any external
support. Reclaim water storage tanks shall be above ground and equipped with a
"Continuous Flow" return system to control algae and bacteria and to prevent odors.
Water storage tanks shall include float control monitored for appropriate fluid levels
to protect pumps from cavitation. freshwater make-up solenoid shall be included.
There should be a minimum of (2) 1500-gallon water storage tanks.
J. HIGH PRESSURE SPINNER ARCH
J.1 The supporting structure for the High Pressure 10-Spinner Arch shall be
freestanding. It shall consist of a frame constructed of structural aluminum tubing.
This frame shall be welded to aluminum base plates. The supporting structure shall
mount to the floor with a minimum of four (4) lag bolts at each base plate. The lag
bolts shall have a diameter of 1 /2" and a length not greater than 5". The supporting
structure shall be strengthened with additional knee braces or support guides to
assure a secure structure for mounting the spray pipes.
K. PUMPING MOTORS FOR HIGH PRESURE 10-SPINNER ARCH
K.1 The pump motors shall be designed to the latest NEMA standards, shall utilize the
latest in Class B insulating technologies and be built for severe environmental duty
applications. It shall utilize non-regreaseabie ball bearings to minimize maintenance
and ensure contamination free bearing life. It must be built to NEMA standards and
shall be built with UL recognized components.
K.2 All steel components are to be coated with rust Inhibiting undercoat and overcoat of
durable enamel. All rotors are to be coated with a rust inhibitor and the inside of the
motor is to be painted to eliminate internal rust from condensation.
K.3 The motor must use non hydroscopic Class "F" varnish impregnated windings.
There shall be two (2) 20HP pumping motors; 208-230/460 volt, TEFC. They must
be batch tested for efficiency performance.
L. PUMPING MODULE FOR HIGH PRESURE 10-SPINNER ARCH
L.1 The pumps shall be a vertical multi-stage, designed to pioduce pressures of250 psi
to 300 psi for the spinner arch. To get maximum impact, a higher flow and lower
pressure is used. Pressures above 325 psi shall not be allowed due to the high
potential for damage to chrome, window seals and paint, etc.
L.2 Impellers shall be stainless steel Impellers, hydraulically and dynamically balanced
delivering vibration free operation and minimum bearing load.
5
HPW -4148 SPECIFICATIONS N/S CORPORATION
L.3 Both suction and discharge ports shall be flanged. Suction shall be 2-1/2" in
diameter and discharge 2-1/2" in diameter. Water for the 10-Spinner Arch shall be
supplied from two 1500-gallon freshwater storage tanks.
L.4 The cool down arch, detergent arch brush package shall be pressurized by a
minimum of (1) 5HP pumping system. A minimum (2) 1500 gal. tanks with level
control and freshwater make-up solenoid shall provide fresh water to the wash
system.
M. ROTAING SPINNER FOR HIGH PRESURE 10-SPINNER ARCH
M.1 The spinner shall be Model Quadrajet series as manufactured by N/S Corporation or
approved equal. To be constructed of a stainless-steel rotating unit with aluminum
manifold, stainless steel piping and a zero-degree nozzle attached to the end of four
adjustable position spray arms. The stainless-steel arms shall be of different lengths
to provide dual circular cleaning motion on the vehicle surface.
M.2 The spinners are to be in a position to completely cover the front, sides and rear of
the vehicle being washed. There are to be five spinners on each side of the wash
bay.
M.3 The rotation assembly is to employ a pair of long-life silicon carbide mechanical
seals instead of detergent or chemical sensitive O rings in the backing. The seals
are to be hydraulically balanced with micro lapped seal faces that will tum on a
super fine film of water to eliminate friction as much as is practicable. The seals
shall be mechanically activated by a single coil spring of stainless-steel construction.
The two stationary floating assemblies shall employ solid silicon carbide inserts that
are interchangeable. Rotating seal plate must be easy to clean, relap and reuse.
M.4 The thrust load on the floating seal must be counterbalanced to allow for a low
torque operation to allow the rotating assembly to operate at pressures up to 1,500
psi.
M.5 All internal components of the union must be contained in the assembly by a socket
headcap screw, which allows easy disassembly and inspection of the internal
components. Service and repair of the rotating union shall require no special tools
and component parts will be OEM available.
M.6 A spray manifold connecting the spray piping to the rotating union shall be of all
aluminum construction bored and threaded to achieve proper water distribution.
M. 7 This union is to provide a spinning mechanism that will operate with recycled water
at high pressure and require no complicated maintenance or repair procedures.
Except for the seals, all components of the rotating union must be completely
stainless steel. Internal Oil pump or hydraulic motor operation will not be allowed
6
HPW-414B SPECIFICATIONS N/S CORPORATION
due to the increase ccmplexity of maintenance and service.
M.8 Rotational speed shall be adjusted by positioning the spray arms to the ccrrect
angle to achieve the desired rotation and spray diameter. These arms shall be fixed
in place by an internal fastening system. Rotational speed shall be totally
adjustable.
N. GUIDE RAIL AND SKID PLATE SYSTEM
N.1. One (1) set of four (4) inch diameter rotating tubular steel wheel guide rails
(complete with anchor bolts, installation brackets and angled inlet sections) shall be
furnished and installed for the full length of each wash lane.
N.2. All sections of guide rails shall be smooth to prevent damage to tires. Ends of guide
rails shall be capped. The height to the top of the rotating guide rails shall be nine
(7) inches (minimum). Guides shall be installed to accommodate the vehicle width
as specified by the engineer.
N.3. Guide rails shall be constructed in five (5) foot (maximum) sections with a support
bracket at the end of each section. The bracket-bearing surface shall be a
cylindrical tube. The cylinder shall protrude not less than 1-1/2" into the rotating
wheel guide rails. Sufficient circumferential clearance between the rotating wheel
guide and the bracket-bearing surface shall be provided to allow free turning even
with dirt accumulation.
N.4. The support bracket of the guide rail shall be fabricated of 1/2" thick steel plate. The
brackets shall be additionally braced with two (2) 3" x 5" x 3/8" structural angles to
form a heavy-duty weldment. The angles shall be anchored to the flcor by means of
not less than four (6) 1/2" diameter (minimum) bolts each. The tubular section shall
rotate freely on the brackets to reduce the chance of wheels climbing rails.
N.5. The entrance to the system shall be angled in a V shape to allow some off-center
tolerance of the approaching vehicle. A pair of flat, mill finished, ¼" thick, stainless
steel skid plates shall be provided and installed at the angled entry section of the tire
guides to minimize tire side wall damage caused by resistance to lateral movement
resulting from misaligned entry to the vehicle washer. Plates shall be nominally 44"
wide tapering with tire guide angle to 36" wide at the entrance to straight section of
the tire guides.
P, CONTROLS
P .1 The Wash System shall be fully automatic and not require an attendant. Automatic
control of the vehicle wash equipment shall be designed so that each stage of the
7
HPW-4148 SPECIFICATIONS N/S CORPORATION
vehicle wash is actuated ahead of the approaching vehicle and deactivated after the
vehicle has passed. Actuation of all washing phases shall be by emitter/receiver
type electric eyes. Sufficient electric eyes shall be supplied to provide fully automatic
operation. The electronic eyes shall be mounted on stands along the side of the
wash. witches to permit easy adjustment. The electronic eyes shall be capable of
withstanding direct water spray. The electric eye shall be activated only when the
infrared beam is blocked. The activation system shall provide positive on control and
be shut off with an adjustable timer.
Q. ALL ELECTRRICAL CONTROL PANELS
Q.1 Pre-wired, standard voltage, 3 phase, 4-wire, 60-hertz electrical control panels
shall be provided for the equipment. Each control panel shall contain a through
the door main disconnect switch, all electrical motor starting equipment and
relays necessary to operate the equipment, and the wash 24-volt control
transformer as required. The control panel shall be UL approved. And
manufactured by the bus wash equipment manufacture in a UL Certified shop to
unsure quality assurance. Each motor circuit shall contain overload protection in
all three phases.
Q.2 The control panel shall be wired lo provide control for automatic or manual
operation. A totalizer meter shall be provided to count the number of vehicles
washes.
Q.3 The panel shall be housed in an adequately sized, non-metallic NEMA 4X
enclosure with hinged door. The control panel shall be mounted in an accessible
location protected from direct water spray. All push buttons, selector switches,
etc., shall be oil tight. Electrical control panels that are not UL Listed will not be
acceptable. All penetration must be made to the bottom of the control panel.
8
EXHIBll. B
A1TACHMENT A-PRICING FORM
One New Bus Wash S stem to Include Installation
Trainin
Total Price
Vendo:rs may propose more than one solution. Provide pricing informadon on a separate sheet of
paper or duplicate this page,
The prices contained in this bid are firm for '[f> days.
Discount from prompt payment on invoices only_%_ days. Discount will not be evaluated
on bid
Do you represent a disadvantaged business enterprise? Yes_ No_
Do you represent a woman-owned business enterprise? Yes /20 _ (. S'd'D-~"-.<l..)
I/We the undersigned do herby cert(Jj, thOJ the ieformatlon presented In this bid Is true and
accurate and agree to provide the speclfted products and services al the price and Ume in
accordance 'H'ilh the terms and specljications staled herein f/ awarded the bid.
NAME OF COMPANY t:-,:)5 (!;::!.!Q,5-,,._T( a,J
AGENT AND TITLE~ t f 1."'?Yjffw'\~.c.J'-=
ADDRESS ..2 3 .('. ~ ::/:/..gt.. r: ,._.~c_;:; e-,., ~
:;t;;,..1 t-foU'P:&A: .0 I <, iit.-1 o "3 c> I
EMAIL ADDRESS ~' trd!. I.IS &up.gt... c.c.,,w1.
TELEPHONE d/fo, 1 '?" .. $7,~~ DATE k \5-~
BIDDER SIGNATURE __ ~-w-::;..' ~ol--"'-'=---------------
Form of Business: _SOie Praprleto~Qhlp ACarporaUon _ Limited LlablBtv Corporation
AffACHMENT B-Afflda\llt ofCompUance ,ndJ Section 285.525-285.550 RSMo
For All Services In Excess of SS,008.00
David Newell
Fram:
Sent:
To:
Subject:
fyl
Current Certifications
No current certifications
App6cations
Francis Tenggardjaja
Thursday, June 15, 2023 12:38 PM
David Newell
FW: WBE application
Received & In Process 0172073
Pending/ In Process Certifications
WBE New
1
New
2/23/2023
David Newell
From: Francis Tenggardjaja
Sent:
To:
Thursday, June 15, 2023 12:34 PM
David Newell
Subject: FW: WBE Certification
FYI.
I will get you the file number.
From: Tiffany Altschul <tlffanya@nswash.com>
Sent: Monday, June 12, 2023 2:25 PM
To: Francis Tengardjaja <franclst@nswash.com>
Subject: FW: WBE Certification
Tiffany Altsehul
CEO
N/S Corporation
23S W Florence Ave
Inglewood, CA 90301
tiffanya@nswaslt.com
310-330·1201 EXT: 334
From: Meghan Hucke <meghan@wbec-west.org>
Date: Monday, June 12, 2023 at 6:11 AM
To: Tiffany Altschul <tiffanya@nswash.com>
Subject: Re: WBE Certification -j Good morning,
I hope you had a wonderful weekend. You can let others know that you have applied for the
ertlflcatlon. That is ok. Any other questions, please let me know. Thank you I
Certlflcallon Spedalln
1
State of_ J.c,.l\ ~~C\.. )
County of -\.os ho<y,:W ) }ss
1, _-frOJ\~!>5.~a.~ , am an authorized agent of _m ~~CC'\
(Bidder). fliis business is enrolled and panicipates in a federal t.iork autllorization program for all
employeei \.oddng in connection with services provided to the City of Jefferson. This business does not
lcnowinglj ':mploy any peaon that is an unauthormd alien in connection wilh the services being
provided. Pocumentation of participation in a federal work authorization pn,gram (signature page of the
MOU wil11 Someland Security) is attached to this affidavit.
Fwtherlliore, all subcontractors working on this conbact shall affinnalively srate in writing In dleir
contracts th\t they an, not in violation of S=lion 285.530.1 RSMo, shall not theniafter be in violation and
submit a sliYom affidavit under penalty ofperjuiy that all employees are lawfully pn:sent in the United
Stam.
Affiant
SubS.fltilhec! ;nd swom to before me this ___ day of ___ __.
Notmy Public
My commfllsion expires: ______ _
If bidder~ w, lndMdual ond does not ha_H any emplo,1eesaf an1 sort, complele this section.
I. tho undc1'\ipect_ being ot lca.t eighteen ycnrs of ogc, swear upon my oath lhat I 11m aither a Unlled
States cidrn er am classified by the United States govemment as being lawfully admitted for permanent
residence.
Date Signatum
Subscribec1 ind sworn to before me this __ day of ____ ,. __ •
Notary Public
My comm 18sion expires: ______ _
ATTACHMENT C-ANTI-COLLUSION STATEMENT
A notary public or other officer completing this
certificate verifies only the Identity of the individual
who signed the document to which this cerlilicata
Is attached, and not the truthfulness, accuracy. or
validitv of that documenL
State of Califomia
County of Los Angeles
Subscribed and swam to (or affirmed) before ma on this 15
day of June . 20 23 • by Frands Tenaaardiala
.
proved to me on the basis of satisfactory evidence to be the
per&o~_who appeared before ma •
• MM.m I ......,M,n,;.l:lllllnf& ~=-a,r-,._.,...u,11111 I
.
(Seal) Slgnatu~~ -,-
STATE OF lal,'.f<n..l~
)ss
COUNTY OF u!> ~~ )
~ ·1~·-+ra.rg ...... =M=~.,.,u=ri'-"fhl "fnc-P.;..;i6~'--j~1-~-SJ,"""G.,,.MNl ........ 'G..,......ST.--i.t_1l_'EM...,..~,...'NT-----------being first
duly swom deposes and says that he is _l~¥i,;;:~=...::·vc.__.V_,, f ..... _________ of
TITLE OF PERSON SIGNING
n$~on
• COMPANYNAME
that all statements made and facts set out in the bid for the above project are true and correct; and
that the bidder (the person, firm, ~ociation, or cozporation making said bid) has not, either
direc::dy or indirecdy, entered into any agreement, participated in any collusion, or otherwise
taken any action in restraint offtee competitive bidding in connection with such bid of any
contract which results from its acceptance.
Afliant further certifies that bidder is not financially interested in, or fmancially affiliated with,
any other bidder for the above project.
(BY)_~ ...... ,--=~~........__ _____ _
(BY) ___________ _
Sworn to before me this -.;,;;;..;:.::.::,::_:::_::_:--:-:-=--day of _____ __, 20_.
, ,_J. .l L l:tr6,.\L -----~-q..l,0-~ u.qn,
NotmyPublic __,
My commission expires: ____________ _
ATTACHMENT D-AUTHORITYTO EXECUTE
A notary pubUc or other officer compleUng this
cartlflcate verifies only the Identity of the lndlvldual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
State of Cslifomia
County of Los Angeles
Subscribed and swom to (or affirmed) before me on lhfs 15
day of June , 20 23 • by Francis Tenqi:zao:flaja
.
proved to me on the basis of satisfactory evidence to be the
person(s) who appeared before me. ______ ....... ____
,. IIAlll'l'IIIUD I ..., ,U!m•Cdl'amll c==:=.
I -iCm&---IOA IDD I
(Seal) Signature~~-
/ftbe 6idder Is a corporation, tlaefollawlng certijicate should 6e ua:utetl on company
letterbead.
corporate seal
(Company Letterhead)
I Ji,~ 1 ;-i:;:J.f """'dl.11-J ;,., , certify that I am tht Secretary of the Corporation named as
Bidder herein above: that-:m----~J»,J'Who signed the foregoing contract on
behalf of the Bidder was then-:1h .... -::::r-co..:y =.Jl,._ , of said corporation; that
said proposal was duly signed for and in behalf of said corporation by authority of its governing
body. and is within the scope of i1S corporate powers.
Signed: ~
corporate seal
.......
A1TACHMENT E-CERTIFICA110N REGARDING LOBBYING
Certification for Contrads, Grants. Loans 1 and Cooperative Agreements '"
(To buubmittadw/d,ead, bid orofferaceeding S/00.000)
The undersigned frOf!lbjenmomr-¥='
and belief, that!
certifies, to the best of his or her knowledge
I) No Fc.deraJ appropriated funds have been paid or will be paid. by or on behalf of the undetsigned, to
any person for influencing or attempting to influence an officer or employee of an agency. a Member of
Congress, an officer or employee of Congress. or an employee or a Member ofConpess in connection
with Ille awarding of any Federal contract, the making of any Federal grant, the making of BJ1y Federal
loan, lhe entering into of any cooperative agreement. and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant. Joan. or coopemlive agreement
2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for
making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress. or an employee ofa Member of Congress in coMectlon with this Federal contract.
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Ponn-LLL.
noisclosure Form to Report Lobbying, n In accoJdance with its instructions.
3) lbe Widcrsigned shall require that the language of this "rtificalion be included in 1he award
documents for all subcontracts at all tiers and that all subcontraetors shall certify and disclose
accordingly.
This certification is a material repn:sentarion of fac:I upan which reliance was placed when this transaction
was made or entered into. Submission of this cemfication is a pn:requisite for inaking or entering into this
transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosuae Act of 1995). Any
person who fails to file the required certification shall be subject to a civil penalty of not fess than $10,000
and not more than $100,000 for each such failure.
The Conbactor, 0~ tg ~-ffi , cerdfies or afflnns the truthfulness and
accuracy of each Statemen1 fl1s rmltlcmlon and dlsclosure, If any, Jn addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 380 I, et seq., apply to this certification and
disclosure, ifany.
~Ip.,
Signature of Bidder's Authoriz.ed Official
rmras1~~~:1rr ty.~c. v-r. Name and Titeof Bfdi:r's Authorized Official
Date
A1TACHMENT F-DISADVANTAGED BUSINESS UTDdZAflON AGREEMENT
A. The bidder agrees to attempt to expend at least __ % of the contract, if awarded. for
Disadvantaged Business EnteIJ>rise (DBE) forpwposes of this goal. the term
"Disadvantaged Business Enteaprise" shall mean a business:
J. Which is at least S l percent owned by one or more minorities or women. or. in the
case ofa publicly owned business. at least 51 percent of the stock of which is owned
by one or more minorldes or women; and
2. Whose management and daily business operations are controlled by one or more such
individuals.
'"Disadvantaged Group Member" or "Disadvantaged'" means a person who is a citizen or
lawful pennanent resident of the United States. and who is:
1. Black (a person having origins in any of the black racial groups of Africa);
2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico. South or
Central America, or the Can"bbean Island, regardless of race);
3. Asian American (a peISOn having origins in any of the original peoples of the Far
East. Southeast Asia. the Indian sub-continent, or the Pacific ~lands);
4. American Indians and Alaskan Native (a person having origins in any of theorigina1
peoples of North America);
S. Member of other groups. or other individuals. found to be eoonomically and socially
disadvantaged by the Small Business Administration under Section S(a) of the Small
Business Act, as amended [15 U.S.C.637(a)].
6. A female peJSOD who requests to be considered as an DBE, and who "'owns'" and
'"conbOls .. a business as defined herein.
Disadvantaged Business Enterprises may be employed as conttactors. subconttactors, or
suppliers.
B. The bidder must indicate die Disadvantaged Business Enterprise(s) proposed for
utilization as pan of this contm:t as follows:
Dollar Value of
Name & Address of DBE Firms Nature of ParticiPatjon Participation
Total Bid Amount: _____ _ Total S Participation:
Percentage of Disadvantaged Business Enterprise Participation: ~~ () %
C. The bidder agrees to certify that the disadvantaged business tinn(s) engaged to provide
materials or services in the completion of this pJOjeet: (a) is a bona fide Disadvantaged
Business Enterprise: and (b) has executed a binding contract to provide specific materials
or services for a specific dollar amount.
Certification that the Disadvantaged Business Enterprise(s) has executed a binding conb'aet
with the bidder for materials or services should be provided to the DBE Coonlinator at the
time the bidder's contract is submitted to the DBE Coordinator,
D. The undersigned hereby certifies that he or she has read the 1erms of this agreement and
is authodzed to bind the bidder to the agreement herein set forth.
Signature or Authorized Officer
BID BOND
KNOW ALL MEN BY 1HESE PRESENTS:
Thmwe,
N/S Corpomtfon
as Prindpal, (hereinafter called the •Principal"). and Fidelity and Dq,osit Company ofMIIIJJand
___________________ , acoiporationdlllyorganfr.cd1111derthe laws
oflhe Slate of _ ....... Marf_._,l""and""---, as Surea,, (hereinafterCllllal lbe "Sun:ly"), are hdd and flimly bollnd unto
City of leffinon
as Oblipe, (hereinafter called lhe •ObJigee"), In 1hc sum of FIVE PERCENTfflE AMOUNT BU> IN•• .. •••••••••
Dollars (S 5%••••• .................... l. for 1he payment ofwhlcb sum wdJ and truly to be made.1he said Prlru:ipal
snd the said Sumy, bind owsdva. our hms,. uec:utom. adlnlnJslrBtam. SUC1CCS101S end asslp. jolndy and scvaally0
finnly by these prm:nta.
WHEREAS, lhc Prinolpal has.dlmiaed a bid for
RFP413S Transit Bus Wash Rep!amncn&
NOW, THEREFORE. If the Obllpe shall socept Iha bid oftb Prindpal and Iha Prindpal shall enlerinm a ccntnu:t
wirh the Obllgee In accordance wldl Ille tenns of such bid and afw sucb bond or bonds as may be specified in the bidding
or conlrlet do;umcm wfth good end suffldcnt smty for the fimhful pafonnam:e of sw:b conlmd und for 1he pvmpt
paymcot of labor md marerlal fiunishcd in lhe prosecution lhcmlf, or In the m:nt of the faihml of 1ho Principal 10 entor
Into BUc:h conbact and give such bond or bonds. lflhe Principal sbaD pay ro the Oblfgec dte dift'aaice not 10 ac:eed the
penally hereof bdwca the amount specified in said bid und such larpr amDlllll far which the Oblfgcc may In good filllh
contraet wilb. llllOlher pany to perfonn lhe work c:ovcn:d by said bld, !hen this obllgatlan 9ltall be null and vold, 01bawlse
10 mnoin la filll forco 1111d eft"ecs.
Signed and smled tbJs _2n_d ________ day of _June __________ AJ>._2023......, __ _
Emily Wltmm
{
N/S Corpondlon
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By __._.:..:111L::r.1F-,jl~~.;;;:nz-----(SEAL)
-=-=~~=------•AatJl'rlay-ll,-Fact
Prillled l11CDGpC1111A111wilb Ille Ameri1:111 IIISlilmDol' Mllilecll(AIA)1'1 Fidellly lUld Dqiosit Company orMmyland
Fidelity and Deposit company of Maryland vovdelllmslllahlltgmpilldledacuamCG111'ormsu=Jy IGIIID!ansrmae
ladmAIA Dlll:llmml.WIO.FemullJ 1970 E'dilim.
BIDJll000ZZ010Jr
CALIFOIUIIA ALL-PURPOIII ACKROWLIDGMENI' CIVD.CODE § 118
ISP 1H REP R&F en
Stal8 of caDfomla
County of Los Angeles
On June 2, 2023
Oats
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before me! ___ Em_UV_Pra_c1a_c:fo_,_Na_1a_r,_Publlc ________ __,.
Hera Insert Nama &nd 11tl8 of the Ofllcer
personally appeared ____ M_a,y __ Sm_llh ________ ~--------
NamBfJ ot Signer#
who proved ta ma en 1he basis of BStisfactmy avldence to be the peraon(e! Whose nam8(1(1s1,.t
aubscrlbad to the within Instrument and acknow~ed·to me 1hd~ executed the same rn
J;tklherAltd""authorlzed capacltyOedJ, end that byJ;i47her/tJ;a,lf sfgnatura6f on Iha lnsbumant tha pera.on(lr,
or1he entity upon behalf of whld1 the pmaon;,> sctsd, axeout.ed the Instrument.
j C 0
•
0aiaL,,u'cioo 1 i COMMISSION 02328D11 i Notary PubllO • Cllllfomla
lDSANUU!SCOUNJY -=, 1 MyCommJ111ton .. Ires r MAYlt,2Dl4
C co a l U99tlt!CU
Place Notary Ses1 Abavs
I certify under PENALTY OF PERJURY under the laws
of the State of Callfomta that the foregoing paragmph
Is true and cmmct.
WITNESS my hand and offlcfal seal.
-~o,,;,J, of Notary ~bile
-------------OPT10NAL------------..--
1hough this section fB optional, complellng this lnfomtatlan r.an dster alletallo4 o1,,...,oc&1m
rmudulent reattachment of this ronn to an unlnrended ctoclDlnj'IJV
Desmfptlon of Attached Document
TIUe or Type of Document: _________ _
Number of Pages: ___ Slgner(e) Other Than Named Abo • --··· ···--
Cspaaltw(les) Claimed by Slgner(a) Signer's Name: _________ _
• Corporate Officer -Title(&):---:---~~
LI Partner -• Limited • GenBJ81
gner'sName: ____ ,....,... _____ _
I I Corporate Ofker-Tit!e(e): ____ _
• Partner -11 Urnltad CJ Gsnenll • Individual IJ Attomey In Fact fJ lndlvldual l I Attomay In Fact • TRJStee !J Guardian orr.flt,ffiSli!n r:rnustee n Guardian or Conservator
DOther: ______ --::_,;,r;..-----
Slgnerls Represenllng~:~-------
•OUler: __________ _
Signer Is RepresenUng: ______ _
Notary Assoclatlan • www.NationalNotmy.mg • 1-8QD.IJS NOTARY (1-800,87&8821) Hem 1#6807
ZURICH AMERICAN INStlRANa:OOMPANY
OOLONL\LAMERICAN CASUALTY ANDSlJREl'YCOMPANY
PIDEIJ1'Y AND DENJSITCOMPANY OFMARYLAND
POWER OF ATTORNEY
XNOW ALL MEN BYTIIESE PRESENIS: Thal llloZURICH AMERICAN nmJRANCE COMPANY,acoipom1fon oftbe Stale or Nlw
York, lheCOLONJALAMERICANCASUALTY AND SURETY COMPANY, acmp(lllllfGD ofllmSlalll orlllimm, BIid Ila: JIJDELITY AND
DEPOSIT COMPANY OF MARYLAM> a ompolllfan of die S181C ofDJinois (lllllin collcctiwly callal Ille 9Companfa"). by Roblrt D.
Murray, Wee Pnlldcat. In pvnmmcc orllldlmmy pntld by Ardell V, ScclionB, ofdle By-LawaofaaidCompaaiel, ¥Aitch 11111 IICI ranhcm
Ila: mml ail!D tzamfmd 11111 limby cadficd ID IJc in 6dJ fine 1111d elfccl D:11 Ila: dslc llalot do badly~ CODSlilvlle, and eppoilll
M111 SMITH. Emu, FRBCIAOO. Sine BROCIOl&Ylllaad RallBfdWANGUN.allofl'aadma. C.UlbmlD, BACH. flll 111111
1111d lawflll egm mul Allllmcy-i:a•Fm. to mab, mcure. aat lllld ddiwr, &tr. 111111 cm ils bdmlfas lllJCly, rmd as ill BCt IIIUI dmd: any and all
bonds 8114 bnda1atiDp,, mid die IIIIIICIWOII or such llaiafs or uadataldngs ID pmBIIIIIIGC nf dim pm:sms. shall lie a bindfna upc111 aid
Cmnpanier, as &Dy lllldamply, toall inzada imdpmposcs, 111 ifdlcy luldl1mulalycxcmtcd and aclnovlafgcdbJtbonpmly ela:mlofflms
oflhcZURICHAMERICAN INSURANCE COMPANY m ltsoflfcefD NcwYotlr.New Yen., lban:gul.adyda:lalofliamoflhoCOlONJAL
AMERICAN CASUALTY AND SURETY COMPANY III ill otli.cic in Owmp Milli, Mmyland. mid 1b rcgulBdy cJCCIC:d oflicm ollhe
FIDEUJY AND DEPOSIT COMPANY OF MARYLAND alilsofliceinOwinp MDIJ,Mmylaml. in dmirOWJtpupmJIClllllft!I,
11ffl nid ViGD l'midcnt docs hmlly ccllily 1bt 11111 CXIIIICt set fonh an Ille aeveaoside hereof is• a capy of Arlil:le v. Scclkm 8, ar
Ille By-1.a,w of said Ccnnpales aad is 1111W In film:.
IN WIINESS WHEREOF, Illa ml V-D¥1aident bm bmmito sullscribcd Ids/lier lllDllm and affixed 11m C.azpam Scala oftlle said
ZIIRICH AMERICAN INSURANCE COMPANY, COLONL\L AMERICAN CASUALTY AND SUBfil'Y COMPANY, ad
nolUTY ANDDEl'OSITCOMPANYOF MARYLAND. lhls2&bdayafMan:b,AD. 2020.
C, ct
S,,: .Qn,n & Bro1'n
&raetazy
s11111 ofMuJlmd
Coaatrorllahlmare
ATTEST:
Z1JRIOI AMERICAN JNSIIIIANCB COMPANY
COI.ONW.AMIIIUCAN CASUALTY AND&IIREl'YCIJMPANY
FIDEUIY ANDDEIOUl'CDMPANYOl'MAIIYL\ND
0n lhil 261h 111y or Mlnlt, A.D. 211211, bdbm lhe 1111m:riber, 1 Notmy Publa: or Ille smo or Maryland, c1u1y ciommlssloaed 1111d quaJlffed. Ra!latD.
MllfflJ, Vice l'nsldml acd Dna .. Blown, Sebm')'GfNCampalucl. ro mopaa,mUy lmoWII IOIIII lholmllwblls ml alf"mm llescrib:d In Bad •
cu:lllal lll1i,n:mlmg imlmlmllr.and IIClmollflllpl llteCISlllioll or--. lllldbcillu by lllldulyl\\lln,, llcpmdlllllld sallb, tlim bcfdlll II llmlllld al!ls:ar of
1ha Compmylllllrll5aill.lllld llmllbesmllefflmt 10 O!opm:cdiaainstnunem1111dmCmpnm Smll llflDill Cm:IIIIIJ(a.ad dllZ 11111 AlilCarpalalllScull lDII
Iha llphueas=c,Jlii:cr-'MQdlllylll1lm:l:IWtlilltlscnbed !Dlllllllid illlllnllnem bylhelWll!ril)'addlnw:dcinaCl!mlllldCapcimllcm.
INTBSTIMOHYWHEREOF,lllaMhlnmllomtmylllllldlllldalllmlmyOlllcialSCllldlodnylllld,airdlllollllwnnfm:u.
EXTRACT FROMBYol.AW8 Of 'IIIECOMPANIEI
•Artide V, Smlon 8. Attqmep.lD:fag. 'DrcOJlllf'Executivo Offlc, lhe Praldlmt, GrBIIY ~ Vim Preslllalt or Vico Prmldmt
may, by wrillml imlnD1lent lllldcr 11m llftmed anpmlll &all, uppaint ~ml wilb lllllbority ID m:mlD llcmdl, polldcs,
relllJIIIDl!llllCS, !dipulmom, ~ ar Gl!m like imlnlmenfD on bclll1f of die Onapany, and may lllllhorim 1111)' ollicar ar llDJ' sud!.
IIUOnlCIY•iD-fsl to affix !he corpamo scal thaao; ad may with orwi'lhout CIIIISl: modlft ofmoko my 111Ch appoln1mad at mtharftr at Ill)'
lima."
. CERTIFICAlE
I, dm Ulldmi!PICd, Seaetmy of 11111 ZURICH AMERICAN INSUAANCE COMPANY, lhe COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, 1111d die FIDEUTY AND DEPOSfl" COMPANY Of MARYLAND. do hmby ciadly Ila !hi tmcsolna
Powr:r of AttlJmf:f ii SliU In 11111 finD md dfccl on lhe dim oflhfs mtiftc*, IIDd I do lllnlHr mdfr dlaz Alticla V, Smlcm 11. ofdm By-
1.aw.s oflhc Compam~ is lliU in tilfCe.
This Power of Attomey ad a..nlfimm 111111 ba sfsDal by &aimllo IIIHfa-111111 by llll1lmrily of die fi211owin8 nsdDtfGn ofthD Board or
Dimmsoftlie ZURICH AMERICAN INSURANCE COMPANY Ill amccdua dulycalled 1111d !mid m die JSlb ds-}oFDa:cmbar 19911.
RESOLVED: "'I1IIII lllllsigmmac ofdlc Pnsldmaro Vim Prmidaa endllic llllAliD&li1!11111P ofDSaRlmy Of llDAssistwll Scaclmy
and die Seal oflha Cmnpmy may Ila alliMd by fi.cslmile an my Pewm of .Allumly...Aay llUCh P01M1ror 1111 a:rdftcate lllmofbeariirg IUdi
tiaimlla sign&IIIR mid scalstiall ba Wlllid and bmdfnacm thcCmnpany. •
1bis PoM:r or AUomey ad Ccrdficatc 11111y Ila lipcd by IIIGllimilc under ad by lllllllarily af 11111 l'bl?awills n:udutian oflhe Baud of
Di1m1111 oftlm COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a mcctlna duly aillcd 1111d lidd on Ibo Sib day of
May, 1994, 11114 lhe lb!lowillg nmludmi afdm 8Clnl ofDfm:1111& oftJm FIDELITY AND DEPOSD" COMPANY OF MARYLAND Ill a
meeting duly Cllllcd mzd lld41111 Ibo lesb. dayofMay, 1990.
IIESOLVED: -niast1mllaiatilcor medtaail:sftyn:pllldllced sal oflhemmpmy 111111 lllcslmile ormchmicalJy n:plVbcd llfpalmeof
any Vloi,,PmldCIII, Secntmy, or AuiStmll Semlmy of !he Company, whelher mldo llmrD1bn or laedl:r, \dlcmlcr appaar1ng mpon a
catllied oapyof my ponraf anoniq lssval by d11: Compuy, lllall bo valid md biDdflqJ upan lho Cmapamywilb dm same line and cf&c:1
IS lhollpmmmallyafliad.
IN 'IESllMONY WHBREOF, I b&ff bmmUosll!lscrillcd rnyllllllD mid DDiml dmaozponu smll oflhesai4Compmlcs.
lhin.!!!!!,__dayof.111111, .2GZ9 •
By: BrlmM. ff:aclaes
VlmPraldmt
TO REPORT A CLAIM WITH REGARD TOA SURETY BOND. Pl.EASE SUBMIT A COMPLBTEDESCRIPTION
OF THE CLAIM INCLUDING 1BE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
ZUrich Sun:tyClalms
125151 Zurich Way
Schawnbwa.lL60J96-IOS6
www.rppoJHfctarmsrdlZUric1ma,com
800-626-4577
EXHIBIT C -FEDERAL CLAUSES
The City of Jefferson is a recipient federal grant funds through the Federal Transit
Administration. Therefore, the following requirements shall be fully considered in preparing
responses and performing work under any resulting award.
No Government Obligation to Third Parties -
(1) The City and contractor acknowledge and agree that, notwithstanding any concurrence by the
US Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the US Government, the US Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the City, the contractor, or any
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
(2) The contractor agrees to include the above clause in each subcontract financed in whole or in
part with FT A assistance. It is further agreed that the clause shall not be modified, except to
identify the subcontractor who will be subject to its provisions.
Program Fraud and False or Fraudulent Statements or Related Acts -
(1) The contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of
1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil
Remedies," 49 CFR 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 FT A 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, submittal, or certification,
the US Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act (1986) on the contractor to the extent the US Government deems appropriate.
(2) If the contractor makes, or causes to be made, a false, fictitious, or fraudulent claim,
statement, submittal, or certification to the US Government under a contract connected with a
project that is financed in whole or in part with FT A assistance under the authority of 49 USC
5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC
5307(n)(l) on the contractor, to the extent the US Government deems appropriate.
(3) The contractor shall include the above two clauses in each subcontract financed in whole or
in part with FT A assistance. The clauses shall not be modified, except to identify the
subcontractor who will be subject to the provisions.
Access to Records -Vendor agrees to provide the City, the Federal Government, and any
applicable Federal Administrator, Director, the Comptroller General of the United States, or any
of their authorized representative's access to any books, documents, papers, and records of the
Vendor which are directly pertinent to tl1is contract for the purposes of making audits,
examinations, excerpts, and transcriptions. The Vendor agrees to permit any of the foregoing
parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
18
reasonably needed. Nothing contained herein shall be construed as intending to limit or prohibit
audits or internal reviews by Federal personnel or the Comptroller General of the United States.
Federal Changes -The contractor shall comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the
Master Agreement between the City and FTA, as they may be amended or promulgated from
time to time during the term of the contract. The contractor's failure to comply shall constitute a
material breach of the contract.
Civil Rights Requirement-The following requirements apply to the underlying contract:
(1) Nondiscrimination -In accordance with Title VI of the Civil Rights Act, as amended, 42
U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §
6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and federal
transit law at 49 U.S.C. § 5332, the contractor agrees that it will not discriminate against any
employee or applicant for employment because of race, color, creed, national origin, sex, age, or
disability. In addition, the contractor agrees to comply with applicable federal implementing
regulations and other implementing requirements FT A may issue.
(2) Equal Employment Opportunity -The following equal employment opportunity requirements
apply to the underlying contract:
(a) Race. Color. Creed. National Origin. Sex -In accordance with Title VII of the Civil
Rights Act, as amended, 42 U.S.C. § 2000e, and federal transit laws at 49 U.S.C. § 5332,
the contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 CFR Parts 60 et~-, (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable federal statutes, executive orders, regulations, and federal
policies that may in the future affect construction activities undertaken in the course of
the Project. The contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their
race, color, creed, national origin, sex, or age. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. In addition, the
contractor agrees to comply with any implementing requirements FTA may issue.
(b) Age -In accordance with section 4 of the Age Discrimination in Employment Act of
1967, as amended, 29 U.S.C. § § 623 and federal transit law at 49 U.S.C. § 5332, the
contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the contractor agrees to comply with any
implementing requirements FIA may issue.
( c) Disabilities -In accordance with section 102 of the Americans with Disabilities Act,
as amended, 42 U.S.C. § 12112, the contractor agrees that it will comply with the
19
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the
contractor agrees to comply with any implementing requirements FT A may issue.
(3) The contractor also agrees to include these requirements in each subcontract financed in
whole or in part with federal assistance provided by FT A, modified only if necessary to identify
the affected parties.
Termination -
a. Termination for Convenience (General Provision) the City may terminate this contract, in
whole or in part, at any time by written notice to contractor when it is in the City'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. The contractor shall promptly submit its termination
claim to the City. If the contractor is in possession of any of the City's property, the contractor
shall account for same, and dispose of it as the City directs.
b. Termination for Default [Breach or Cause] (General Provision) If the contractor does not
deliver items in accordance with the contract delivery schedule, or, if the contract is for services,
and 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 City may terminate this contract for
default. Termination shall be affected by serving a notice of termination to the contractor setting
forth the manner in which contractor is in default. The contractor shall only be paid the contract
price for supplies delivered and accepted, or for services performed in accordance with the
manner of performance set forth in the contract.
If it is later determined by the City that 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
contractor, the City, after setting up a new delivery or performance schedule, may allow the
contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) the City 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 shall state the time period in
which cure is permitted and other appropriate conditions.
If the contractor fails to remedy to the City's satisfaction, the breach or default or any of the
terms, covenants, or conditions of this contract within ten (10) days after receipt by the
contractor or written notice from the City setting forth the nature of said breach or default, the
City shall have the right to terminate the contract without any further obligation to the contractor.
Any such termination for default shall not in any way operate to preclude the City from also
pursuing all available remedies against contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for
any breach by contractor of any covenant, term or condition of this contract, such waiver by the
20
City shall not limit its remedies for any succeeding breach of that or of any other tenn, covenant,
or condition of this contract
e. Tennination for Convenience <Professional or Transit Service Contracts) The City, by written
notice, may tenninate this contract, in whole or in part, when it is in the City's interest If the
contract is tenninated, the City shall be liable only for payment under the payment provisions of
this contract for services rendered before the effective date of tennination.
f. Tennination for Default (Construction) If the contractor refuses or fails to prosecute the work
or any separable part, with the diligence that will insure its completion within the time specified,
or any extension, or fails to complete the work within this time, or if the contractor fails to
comply with any other provisions of this contract, the City may tenninate this contract for
default. The City shall tenninate by delivering to contractor a notice of termination specifying
the nature of default. In this event, the City 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 City 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 tenninated. This
liability includes any increased costs incurred by the City in completing the work.
The contractor's right to proceed shall not be tenninated nor shall the contractor be charged with
damages under this clause if:
1. 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 the City, acts of another contractor in the perfonnance of a contract with the
City, epidemics, quarantine restrictions, strikes, freight embargoes; and
2. Contractor, within 10 days from the beginning of any delay, notifies the City in writing
of the causes of delay. If in the City's judgment, delay is excusable, the time for
completing the work shall be extended. The City's judgment shall be final and conclusive
on the parties, but subject to appeal under the Disputes clauses.
If, after tennination of the contractor's right to proceed, it is detennined 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 iftennination had been issued for the City's convenience.
Disadvantaged Business Enterprise (DBE) -
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE) is I 0%. The City's overall goal for DBE participation is listed elsewhere. If a separate
contract goal for DBE participation has been established for this procurement, it is listed
elsewhere.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the
perfonnance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this contract. Failure by the contractor to carry out
21
these requirements is a material breach of this contract, which may result in the termination of
this contract or such other remedy as the municipal cor:poration deems appropriate. Each
subcontract the contractor signs with a subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
c. Since no separate contract goal has been established, the contractor will be required to report
its DBE participation obtained through race-neutral means throughout the period of performance.
d. 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 from the City. In addition, the contractor may not hold retainage from its
subcontractors or must return any retainage payments to those subcontractors within 30 days
after the subcontractor's work related to this contract is satisfactorily completed or must return
any retainage payments to those subcontractors within 30 days after incremental acceptance of
the subcontractor's work by the City and contractor's receipt of the partial retainage payment
related to the subcontractor's work.
e. The contractor must promptly notify the City 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 City.
Incorporation of Federal Transit Administration (FT A) Terms -All USDOT-required
contractual provisions, as stated in FT A Circular 4220.1 F, are hereby incor:porated by reference.
Anything to the contrary herein notwithstanding, all FT A 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 that
would cause the City to be in violation of FT A terms and conditions.
Government-wide Debarment and Suspension (Nonprocurement)-The City agrees to
comply with the requirements of2 C.F.R. part 180, subpart C, as adopted and supplemented by
U.S. DOT regulations at 2 C.F.R. part 1200, which includes the following: (a) It will not enter
into any arrangement to participate in the development or implementation of contracts with any
contractor that is debarred or suspended except as authorized by: 1 U.S. DOT regulations,
"Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, 2 U.S. 0MB, "Guidelines to
Agencies on Government-wide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part
180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689,
"Debarment and Suspension," 31 U.S.C. § 6101 note, (b) It will review the U.S. GSA·"System
for Award Management," https://www.sam.gov, if required by U.S. DOT regulations, 2 C.F.R.
part 1200.
The contractor also will comply with federal debarment and suspension requirements when
hiring subcontractors, and will review the "System for A ward Management'' at
https://www.sam.gov, if necessary, to comply with U.S. DOT regulations, 2 C.F.R. part 1200,
and (2).
22
Buy America -The contractor shall comply with 49 USC 5323(j) and 49 CFR 661, stating that
federal funds may not be obligated unless steel, iron, and manufactured products used in FT A-
funded projects are produced in the United States, unless a waiver has been granted by FT A or
the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and
include software, microcomputer equipment and small purchases (currently less than $150,000)
made with capital, operating, or planning funds. Separate requirements for rolling stock are
stated at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock must be manufactured in the US and
have a minimum 60% domestic content for FY2016 and FY2017, a minimum 65% domestic
content for FY2018 and FY2019 and a minimum 70% domestic content for FY2020 and beyond.
A bidder or offeror shall submit appropriate Buy America certification to the City with all bids
on FT A-funded contracts, except those subject to a general waiver. Proposals not accompanied
by a completed Buy America certification shall be rejected as nonresponsive. This requirement
does not apply to lower tier subcontractors.
Lobbying-Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -Contractors
who apply or bid for an award of$100,000 or more· shall file the certification required by 49
CFR part 20, ''New Restrictions on Lobbying." Each tier certifies to the tier above that it will not
and has not used federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also
disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made
lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant
or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the
City.
Clean Air -
1) The contractor shall comply with all applicable standards, orders or regulations pursuant to the
Clean Air Act, 42 USC 7401 et seq. The contractor shall report each violation to the City and
understands and agrees that the City will, in turn, report each violation as required to FT A and
the appropriate EPA Regional Office.
2) The contractor shall include these requirements in each subcontract exceeding $150,000
financed in whole or in part with FT A assistance.
Clean Water -The contractor shall comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq.
The contractor shall report each violation to the City and understands and agrees that the City
shall, in turn, report each violation as required to FT A and the appropriate EPA Regional Office.
The contractor shall include these requirements in each subcontract exceeding $150,000 financed
in whole or in part with FTA assistance.
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Davis-Bacon and Copeland Anti-Kickback Acts
(1) Minimum wages
(i) All laborers and mechanics employed or working upon the site of the work ( or under the
United States Housing Act of 1937 or under the Housing Act ofl949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account ( except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due
at time of payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
I (b )(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (I )(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 5.S(a)(4). Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for the time actually worked
therein: Provided, that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed The wage determination (including any additional
classifications and wage rates conformed under paragraph (!)(ii) of this section) and the Davis-
Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the
workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(I) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
( 4) With respect to helpers as defined in 29 CFR 5.2(n)( 4), such a classification prevails
in the area in which the work is performed.
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(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(l)(ii) (B) or (C) of this section, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan
or program.
(v)(A) The contracting officer shall require that any class oflaborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefor only when the following
criteria have been met: (1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and (2) The classification is utilized in
the area by the construction industry; and (3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage
determination.
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(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting officer or will notify the
contracting officer within the 30-day period that additional time is necessary.
( C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate}, the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination with 30 days of receipt
and so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(l)(v) (B) or (C) of this section, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(2) Withholding -The City 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 the contractor
under this contract or any other federal contract with the same prime contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held
by the same prime contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the
contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or development of the project}, all
or part of the wages required by the contract, the grantee may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
(3} Payrolls and basic records -
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her
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correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section l(b)(2)(B) of the Davis-Bacon Act}, daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29
CFR 5.S(a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section
I (b )(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers or
mechanics affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. Contractors employing apprentices or trainees under approved programs
shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the City for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5.
This information may be submitted in any form desired. Optional Form WH-347 is available for
this purpose and may be purchased from the Superintendent of Documents (Federal Stock
Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The
prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(I) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been
made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
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(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
the Federal Transit Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor fails to submit the required records or to make them available, the Federal agency
may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may
be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees-
(i) Apprentices -Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona
fide apprenticeship program registered with the U.S. Department of Labor, Employment and
Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship
Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of
Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible
for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen
on the job site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates ( expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator of the Wage and Hour
Division of the U.S. Department of Labor determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that determination.
In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will
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no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(ii) Trainees -Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal employment opportunity -The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements -The contractor shall comply with the
requirements of29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts -The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(l) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall
be responsible for the compliance by any subcontractor or lower tier subcontractor with all the
contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment -A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
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(8) Compliance with Davis-Bacon and Related Act requirements -All rulings and interpretations
of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein
incorporated by reference in this contract.
(9) Disputes concerning labor standards -Disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
(10) Certification of Eligibility -
(i) By entering into this contract, contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(l). (iii)
The penalty for making false statements is prescribed in 18 USC 1001.
Energy Conservation -The contractor shall comply with mandatory standards and policies
relating to energy efficiency, stated in the state energy conservation plan issued in compliance
with the Energy Policy & Conservation Act.
Recycled Products -The contractor agrees to comply with all the requirements of Section 6002
of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962),
including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
Access Requirements for Persons with Disabilities -The contractor shall comply with 49
USC 5 3 0 I ( d), stating federal policy that the elderly and persons with disabilities have the same
rights as other persons to use mass transportation services and facilities and that special efforts
shall be made in planning and designing those services and facilities to implement that policy.
The contractor shall also comply with all applicable requirements of Sec. 504 of the
Rehabilitation Act (I 973), as amended, 29 USC 794, which prohibits discrimination on the basis
of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC
1210 I et seq., which requires that accessible facilities and services be made available to persons
with disabilities, including any subsequent amendments thereto.
Prompt Payment-The prime contractor agrees to pay each subcontractor under this prime
contract for satisfactory performance of its contract no later than 30 days from the receipt of each
payment the prime contract receives from the City. The prime contractor agrees further to return
retainage payments to each subcontractor within 30 days after the subcontractors' work is
satisfactorily completed. Any delay or postponement of payment from the above referenced time.
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frame may occur only for good cause following written approval of the City. This clause applies
to both DBE and non-DBE subcontracts.
Compliance with Federal Regulations -All USDOT-required contractual provisions, as set
forth in FT A Circular 4220.IF, are incorporated by reference. Anything to the contrary herein
notwithstanding, FT A mandated tenns shall control in the event of a conflict with other
provisions contained in this Agreement. Contractor shall not perfonn any act, fail to perfonn any
act, or refuse to comply with any grantee request that would cause the recipient to be in violation
of FTA tenns and conditions. Contractor shall comply with all applicable FT A regulations,
policies, procedures and directives, including, without limitation, those listed directly or
incorporated by reference in the Master Agreement between the recipient and FTA, as may be
amended or promulgated from time to time during the tenn of this contract. Contractor's failure
to so comply shall constitute a material breach of this contract.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 -3708)
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 pennit any such laborer or mechanic in any workweek in which they are 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 (b) (I) of this section the contractor and any subcontractor
responsible there for 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 (b) (I) of this section, in the sum of $10 for each calendar day on which such
individual was required or pennitted 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
(b) (1) of this section.
3. Withholding for unpaid wages and liquidated damages. The contractor 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 perfonned
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 detennined 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 (b )(2) of this section.
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4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph (b) ( 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 (b) {I) through ( 4) of this section.
5. The contractor or subcontractor shall maintain payrolls and basic payroll records during the
course of the work and shall preserve them for a period of three years from the completion of
the contract for all laborers and mechanics, including guards and watchmen, working on the
contract Such records shall contain the name and address of each such employee, social
security number, correct classifications, hourly rates of wages paid, daily and weekly number
of hours worked, deductions made, and actual wages paid. The records to be maintained
under this paragraph shall be made available by the contractor or subcontractor for
inspection, copying, or transcription by authorized representatives of the City and the
Department of Labor, and the contractor or subcontractor will permit such representatives to
interview employees during working hours on the job.
6. Contracts for construction, alteration, and repair, including painting and decorating, must
provide that no contractor or subcontractor contracting for any part of the contract work shall
require any laborer or mechanic employed in the performance of the contract to work in
surroundings or under working conditions that are unsanitary, hazardous, or dangerous to
health or safety, as established under construction safety and health standards the Secretary
of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5,
provided that the proceedings include a hearing similar in nature to that authorized by section
553 of title 5.
Procurement of Recovered Materials -The contractor must comply with section 6002 of the
Solid Waste Disposal Acts as amended by the Resources Conservation and Recovery Act. The
requirements of this section 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 ofrecovered materials identified in the EPA
guidelines.
Domestic Preference for Procurements -As appropriate, and to the extent consistent with law
(including 2 C.F.R. §200.322), the contractor should, to the greatest extent practicable, provide a
preterence for the purchase, acquisition, or use of goods, products, or materials produced in the
United States. This includes, but is not limited to imn, aluminum, steel, cement, and other
manufactured products.
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