24-25-42A-Fire_Alarm_System_for_Fire_Station_#3.cleaned.pdf

REQUEST FOR PROPOSALS

RFP #24-25-42A

“Re-Advertisement”

CITY OF GREENVILLE

PUBLIC WORKS DEPARTMENT

BUILDINGS AND GROUNDS DIVISION

FIRE ALARM SYSTEM – FIRE STATION#3

City of Greenville, North Carolina

Proposal Due Date: Friday, June 20, at 2:00 pm Public Works Administrative Offices 1500 Beatty Street, Greenville, NC

Contact Persons:

Questions regarding the proposal package: Questions regarding the specifications:

Wanda House Aaron Lewis Financial Services Manager Buildings & Grounds Supervisor Telephone: 252-329-4862 Telephone: 252-414-7866 Fax: 252-329-4464 Fax: 252-329-4844 Email: whouse@greenvillenc.gov Email: alewis@greenvillenc.gov

EXHIBIT “A”

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CITY OF GREENVILLE

CITY OF GREENVILLE PUBLIC WORKS DEPARTMENT

BUILDINGS AND GROUNDS DIVISION

FIRE ALARM SYSTEM – FIRE STATION#3

The City of Greenville, NC is requesting proposals for “Public Works Department Fire Alarm System – Fire Station #3”. The scope of work will include providing and installing a Fire Alarm System at Fire Station #3. This will be a turnkey project.

Sealed proposals will be received by the City of Greenville until Friday, June 20, 2025, at 2:00 pm at the Public Works Department Administrative office located at 1500 Beatty Street, Greenville, NC 27835-7207 with the Company Name, Attention: Aaron Lewis, and the words “City of Greenville - Public Works Department - Installation of Fire Alarm System at Fire Station #3” written on the outside of the sealed envelope.

All proposals will be marked with the date and time they are received by reception staff.

Proposals will not be opened and read aloud at this time but will be reviewed and contracts will be awarded at a later date.

The City of Greenville reserves the right to reject any or all proposals, waive any informality and award contracts that appear to be in its best interest. The right is reserved to hold any or all proposals for a period of ninety (90) days from the proposal opening thereof.

From the date of this advertisement until the date of opening the proposals, and specifications of the proposed work and/or a complete description of the apparatus, supplies, materials or equipment are and will continue to be on file in the office of Wanda House, Financial Services Manager, 200 W. Fifth Street, Greenville NC, or at the Public Works Department located at 1500 Beatty Street, Greenville NC, during regular business hours, and available to prospective firms. Inquiries regarding the proposal process or documents should be directed to the Financial Services Manager at whouse@greenvillenc.gov or by telephone (252) 329-4862.

Minority/Women owned business are encouraged to submit proposals.

Wanda House, Financial Services Manager City of Greenville P O Box 7207 Greenville, NC 27835-7207

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INSTRUCTIONS TO CONTRACTORS

Proposal to Provide Fire Station #3 Fire Alarm System and Installation

Location: Greenville N.C.

1. Contractor is to provide verification to the City that the company’s employees are covered under worker’s compensation insurance coverage prior to award on this contract.

2. It is expressly understood by the contractor offering a proposal, after a written notice of award by the City, a written contract will be required to be executed and will serve together with this proposal, these instructions, and any detailed specifications as the entire form of contract between the parties.

3. Each Contractor submitting a proposal is affirming that no official or employee of the

City is directly or indirectly interested in this proposal for any reason of personal gain.

4. Sales taxes may be listed on the proposal, but as a separate item. No charge will be allowed for Federal Excise and Transportation Tax from which the City is exempt.

5. Questions regarding the specifications regarding the fire alarm system and its installation at Fire Station#3, shall be directed by email to Aaron Lewis, Buildings & Grounds Supervisor at alewis@greenvillenc.gov. Questions due by Wednesday, June 11, 2025. Answers are due to posted on the City of Greenville website by Monday, June 16, 2025.

6. By submitting a proposal the Contractor attests that it is in compliance with all items listed in the proposal instructions. Further, the Contractor attests that the City of Greenville accepts no responsibility for any injuries to the firm’s employees while on City property performing their duties.

7. Contractor shall comply with all local, state, federal laws, safety/regulatory requirements, and ordinances associated with the work within this contract.

8. It is expected that work would begin approximately in the Fall of 2025. However, such starting date is subject to change based on time needed to finalize the contract, the approval/signature process or other reasons.

9. No work will be performed at any time without proper supervision. Supervisors name and direct contact information shall be provided to Aaron Lewis, Buildings & Grounds Supervisor at alewis@greenvillenc.gov

10. The work must be performed Monday – Friday between the hours of 7am – 5pm.

11. The Contractor shall accompany a designated representative(s) of the City on inspections of work at any time during the contract period. The City reserves the right to make determinations as to whether service is performed satisfactorily.

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Deficiencies in work performance must be corrected immediately.

12. The City reserves the right to add or delete similar items/services specified in the proposal as requirements change during the period of the contract. Prices for items/services to be added or deleted from contract will be mutually agreed upon by the City of Greenville and the Contractor. A contract amendment will be issued for each addition or deletion.

13. The Contractor shall NOT have the right to subcontract any part of its obligations and service requirements without the prior written authorization of the City. This authorization may be given by the Director of Public Works or designee. If any part of this work under this agreement is sublet, the subcontractor shall be required to meet all insurance requirements set forth in the Agreement. The parties stipulate that the Company will maintain each type of insurance set forth in the Agreement at a coverage equal to the amount set forth for each type of insurance. However, nothing contained herein shall relieve the Company from meeting all insurance requirements or otherwise being responsible for the subcontractor.

14. All new vendors, including subcontractors/consultants, must register with the City of Greenville’s online portal prior to the rendering of goods or services.

Registration as a vendor with the City of Greenville is the responsibility of prime or subcontractor/consultant, and requires the prospective new vendor to submit a W-9, and complete the registration through the City’s vendor portal at the following web address: https://cityofgreenvillenc.munisselfservice.com/vss.

If the prospective new vendor is only providing service(s) as a subcontractor/consultant, submission of payment information is not necessary at the time of registration.

General Contractors must provide total amounts paid to MWBE subcontractors with each payment application/invoices.

General Contractor(s) are responsible for ensuring all subcontractors working on the project are registered as vendors with the City of Greenville and have active registration prior to contract award.

15. The Contractor shall be Registered with SAM.gov in the event federal funds are used for the Project. By being Registered, the Contractor shall be registered as an entity to do business with the federal government.

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PROPOSAL CONTENTS AND FORMAT

Note: The proposal shall be concise, straightforward and no more than twenty-five (25) pages, including all pertinent attachments, exhibits, appendices and product brochures.

Firms which have relevant experience and positive references with fire alarm systems and its installation are invited to complete and submit a proposal.

To enhance comparability, the proposal should be outlined per the informational sequence noted below:

1. Cover letter

2. Qualifications of the Firm

3. Methods and procedures of design, engineering and installation

4. Qualifications of Staff

5. Price

All proposals must be submitted and received on or before 2:00 PM on Thursday, June 20, 2025.

EVALUATION CRITERIA

1. Cover letter (10 Points)

• The cover letter shall summarize the key points in the proposal, include a statement regarding how the firm will administer this contract, an appropriate introductory with contact information including the name of the firm’s principal liaison, and bear the signature of a person duly authorized to legally commit the firm.

• Provide information regarding the disciplines and specialty areas that your firm can provide.

2. Qualifications of the Firm (20 Points)

• Include a statement regarding the qualifications of the firm as a business entity, past performance, and experience fire alarm system design, engineering and installation.

• Proven experience working with Federal, state and/or local governments.

• Provide documentation of previous fire alarm system design, engineering & installation projects of similar scope within the past 5 years.

3. Methods and procedures of design, engineering and installation of new fire alarm system and related components at Fire Station#3 (40 Points)

• Proposals shall include a detailed plan for the design, engineering & installation of the fire alarm system.

• Describe how your firm will coordinate and communicate with City staff.

• Describe how your firm will determine the specifications for the proposed fire alarm system.

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4. Qualifications of Staff (20 Points)

• Provide a statement describing a staffing plan that identifies the project manager(s) and other key personnel who will be assigned to the project.

• Discuss the qualifications and experience of each key individual

i. Proposed project manager.

ii. Allocation of time to the performance of work under this solicitation.

iii. Organization of the workforce and personnel utilization.

iv. Provide an organizational chart for all staff members who will be part of this project.

5. Price Schedule (10 Points)

• Fill out pricing sheet to include all costs to be incurred and billed.

6. Certification forms

• All forms must be completed, signed, dated, unaltered and submitted with the proposal to be considered a responsive proposal.

The following criteria will be the basis on which contractors will be selected for further consideration:

Section: Weight in Evaluation

Cover Letter 10%

Qualifications of the Firm: 20%

Methods and procedures of design, engineering, and installation: 40%

Qualifications of the staff: 20%

Price: 10%

Note 1: City staff will evaluate the proposals based on the factors outlined under evaluation criteria.

Note 2: Evaluation points for price will be assigned based on lowest cost (most points) to highest cost (least points).

Note 3: Any and all information submitted in conjunction with this Request for Proposal (RFP) and the evaluation process will not be returned to the respondent.

Proposals shall include the information listed above, specific acknowledgements, and comments on the notes and provisions on standard 8 ½ x 11 size pages.

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PUBLIC WORKS DEPARTMENT

BUILDINGS AND GROUNDS DIVISION

SPECIFICATIONS FOR:

FIRE SAFETY SYSTEM AND INSTALLATION-FIRE STATION #3

1.0 SCOPE:

1.1 The contractor will be responsible for all design, engineering, permitting, monitoring and installation tasks involved in providing a fire alarm system at Greenville Fire- Rescue Station #3 located at 2400 Charles Blvd., Greenville, NC 27858 as a turnkey project.

1.2 The fire alarm system shall be designed and engineered by a qualified engineer to meet

National Fire Protection Association (NFPA) requirements, national, state and local building codes, satisfy all authorities having jurisdiction and satisfy review by City of Greenville, NC – Public Works parties. Permits will be at no cost to the Contractor.

1.3 The fire alarm system must be stand-alone and non-proprietary. Combination fire/security panels are not allowed. The system and all components must be readily available and able to be serviced promptly by a qualified technician for the life of the system.

1.4 The main fire alarm panel is to be mounted in an area designated by a City of

Greenville, NC – Public Works official.

1.5 The Contractor will be responsible for abandoning the existing hardwired residential-type smoke detectors and associated wiring.

1.6 Power supply at the breaker panel is to be labelled by the contractor and breaker lock supplied and installed.

2.0 GENERAL:

2.1 Installation of the fire alarm system shall be completed in a professional manner and shall conform to these specifications. The City reserves the right to make determinations as to whether service is performed satisfactorily. Deficiencies in work performance must be corrected immediately.

2.2 Failure of the contractor to meet or perform work to these specifications as determined by the Public Works Department shall warrant written notice to the contractor specifying areas of nonperformance or unacceptable performance and the contractor shall have ten (10) days to rectify. Immediate cancellation of the contract may occur if performance is not rectified in ten (10) days.

2.3 Parking will be available onsite, in designated spaces, at no cost to the vendor.

2.4 Contractor is responsible for scheduling work with the City of Greenville, NC – Public

Works designee.

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2.5 All work should be completed in a professional manner. Smoking is to take place in designated areas only. Horse play, profanity, drugs/alcohol and behavior deemed unnecessary or disruptive will not be tolerated. The Contractor will be asked to remove employees that are not compliant.

2.6 Worksite site shall be cleaned daily and throughout the completion of the scope of work.

All areas must be able to be occupied and used as intended outside of working hours to accommodate Greenville Fire/Rescue staff.

2.7 Contractor is to provide owner training on use of panel and devices by a qualified representative of the company or supplier.

2.8 Contractor is to provide standard manufacturer’s warranty on all materials and a 2-year labor warranty.

3.0 FIRE STATION #3 FIRE ALARM SYSTEM INSTALLATION:

3.1 The contractor is to complete all work outlined in the scope of work.

3.2 The contractor is responsible for providing all requested information in the RFP to be considered responsive.

3.3 The City of Greenville reserves the right to reject any and all bids, to waive any formalities and to accept the bid that is deemed most advantageous to the city. Any bid submitted will be binding for 90 days after the bid opening.

4.0 PAYMENT AND PROPOSAL:

4.1 All invoices should have the contractor’s vendor number on them when submitted for payment.

4.2 The City will render payment within thirty (30) days of receipt of an approved invoice.

4.3 Contractors will comply with all local, state, and federal laws and ordinances governing said work including the current Occupational Safety and Health regulations.

4.4 By submitting a proposal, the firm is attesting that they are an Equal Opportunity

Employer.

4.5 The City of Greenville has adopted an Affirmative Action Program. Firms submitting a proposal are attesting that they also have taken affirmative action to insure equality of opportunity in all aspects of employment.

4.6 The attached price sheet details the entries required. Each line item shall be filled in as directed.

4.7 Minority and/or Women Business Enterprise (M/WBE) Program

It is the policy of the City of Greenville to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited to, construction projects, supplies and materials purchase, and professional and personal service contracts. In accordance with this

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policy, the City has adopted a Minority and Women Business Enterprise (M/WBE) Plan and subsequent program, outlining verifiable goals.

The City has established a 10% Minority Business Enterprise (MBE) and 6% Women Business Enterprise (WBE) goal for the participation of M/WBE firms in supplying goods and services for the completion of this project. All firms submitting proposals agree to utilize minority and women-owned suppliers and service providers whenever possible.

Questions regarding the City’s M/WBE Program should be directed to Wanda House, Financial Services Manager, at (252) 329-4862 or whouse@greenvillenc.gov.

4.8 Proposer, its assignees and successors in interest, further agrees that in the performance of these services that it shall comply with the requirements of Title VI of the Civil Rights Act of 1964 and other pertinent Nondiscrimination Authorities, as cited in Attachment “A” to this Agreement, and will not discriminate in its hiring, employment, and contracting practices in any manner or form based on actual or perceived political affiliation, genetic information, sexual orientation, age, sex, race, color, religion, marital status, veteran status, economic status, national origin, handicap or disability.

4.9 TITLE VI NONDISCRIMINATION NOTIFICATION

The City of Greenville, North Carolina in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit proposals in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

4.10 The City of Greenville reserves the right to reject any and all proposals, to waive any informalities and to accept the proposal that seems most advantageous to the City. Any proposal submitted will be binding for ninety (90) days after the date of opening.

4.11 Contractor must complete a new vendor application and associated documents or update an existing profile as required prior to acceptance of the contract.

5.0 WORKERS COMPENSATION AND INSURANCE:

5.1 The contractor must maintain during the life of this contract, Worker’s Compensation Insurance for all employees working at the project site under this contract, or as otherwise required by North Carolina General Statutes.

5.2 The Contractor agrees to purchase at its own expense insurance coverages to satisfy the following minimum requirements. Work under this contract shall not commence until all insurance required as listed has been obtained. Insurance required shall remain in effect through the life of this contract.

(1) Workers’ Compensation Insurance: No contractor or subcontractor may exclude executive officers. Workers Compensation must include all employees

Limits:

Workers Compensation: Statutory for the State of North Carolina.

Employers Liability: Bodily Injury by Accident $1,000,000 each accident.

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Bodily Injury by Disease $1,000,000 policy limit.

Bodily Injury by Disease $1,000,000 each employee.

(2) Commercial General Liability:

Limits:

Each Occurrence: $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate Limit $2,000,000 Products and Completed Operations Aggregate $2,000,000

The aggregate limit must apply per project. The form of coverage must be the ISO CG 00 01 policy as approved by the State of North Carolina Department of Insurance. If a form of coverage other than the CG 00 01 is used it must be approved by the City. Any endorsed exclusions or limitations from the standard policy must be clearly stated in writing and attached to the Certificate of Insurance. Completed Operations coverage must be maintained for the period of the applicable statute of limitations. Additionally, the Contractor must be added as an Additional Insured to the Commercial General Liability policy.

(3) Commercial Automobile Liability:

Limits: $1,000,000 combined single limit.

(4) Cancellation:

Each certificate of insurance shall bear the provision that the policy cannot be altered or canceled in less than ten (10) days after mailing written notice to the assured of such alteration or cancellation, sent registered mail.

(5) Proof of Carriages:

(1) The Contractor shall provide the City with insurance industry standard ACCORD form Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form(s) acceptable to the City prior to the commencement of services. Said policies shall provide that the City be an additional named insured.

(2) The City shall be notified in writing of any reduction, cancellation, or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action.

(3) All insurance policies shall be issued by responsible companies who are acceptable to the City and licensed and authorized to do business under the laws of North Carolina.

5.3 The contractor shall furnish such additional insurance as may be required by the

General Statues of North Carolina, including motor vehicle insurance in amounts not less than statutory limits.

5.4 Executed contract documents, insurance certifications, invoices and other information requested, are to be sent to:

Aaron Lewis, Buildings & Grounds Supervisor

Public Works Department 1500 Beatty Street Greenville, N.C. 27834 Email: alewis@greenvillenc.gov

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6.0 DAMAGE TO CONTRACTORS’ PROPERTY:

6.1 Should fire, theft, vandalism or other casualty, damage or destroy the equipment or property belonging to the Contractor while on City property, the City shall be under no obligation to replace or in any way compensate the contractor for said property.

6.2 The successful contractor agrees to indemnify, or hold harmless, the City from and against any liability, loss, cost, damage suit, claim, or expense arising occurrence on the part of the successful contractor to include its officers, servants, agents or employees arising from its activities, operations, and performance of services while on City property and further agrees to release and discharge City and its Agents from all claims or liabilities arising from or caused by the successful firm in fulfilling its obligations under this Agreement.

6.3 It is understood and agreed by the parties that City will assume no liability for damages, injury, or other loss to the successful firm, its employees or property, tools or equipment, or to other persons or properties located on City facilities resulting from the successful firm’s activities and operations while performing those service enumerated herein.

6.4 The successful contractor shall assume full and complete liability for any and all damages to building improvements, fences, or other City or private properties caused by or resulting from its activities, operations, and that of its employees, agents and officers.

7.0 AMENDMENTS, ADDENDA, OR QUESTIONS:

7.1 Addendum: Any changes to the specifications will be issued as a written addendum. No oral statements, explanations, or commitments by whosoever shall be of any effect. Any issued addenda will be posted on the City’s bid advertisement site. The contractor must acknowledge reading each addendum on the proposal price sheet.

7.2 Amendment: The contract may be amended through written agreement by both parties.

7.3 Questions: Any questions regarding the specifications must be sent by email to alewis@greenvillenc.gov

7.4 Schedule for questions and addenda:

Last date to submit a question: Wednesday, June 11, 2025, by 5:00 p.m. Questions will be answered via addendum posted on the City’s website by Monday, June 16, 2025, by 5:00 p.m.

8.0 E-VERIFY COMPLIANCE:

8.1 The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if the Contractor utilizes a Subcontractor, the Contractor shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. The Contractor represents that the Contractor and its Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

8.2 Contractor acknowledges that compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes is required by the Contractor and its

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Subcontractors by North Carolina law and the provisions of the Contract Documents.

The contractor represents that the contractor and its Subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

9.0 IRAN DIVESTMENT ACT:

9.1 Vendor certifies that it is not on the Iran Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58. The vendor will not utilize on the contract any subcontractor that is listed on the Iran Final Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.58.

10.0 NON-COLLUSION:

10.1 Respondents, by submitting a signed proposal, certify that the accompanying submission is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under North Carolina or United States law.

11.0 WITHDRAWAL OF PROPOSALS:

11.1 No proposal may be changed or withdrawn after the stated time and date for submittal.

Proposals submitted shall be binding for ninety (90) days after the date of submittal.

12.0 REFERENCE INFORMATION:

12.1 All proposals must provide a list of three (3) client references of similar fire alarm installation projects. Please provide the information on the “Contractor Reference Information” sheet and attach with the proposal.

13.0 CONTRACTOR INFORMATION:

13.1 Please provide the information on the “Contractor Data Form” and attach with the proposal. All information should be accurate and detailed in description.

14.0 SPECIAL CONDITIONS (FEDERAL):

14.1 No Obligation by the Federal Government.

(1) The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

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14.2 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 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

14.3 Access to Records.

The following access to records requirements apply to this Contract:

(4) Where the City is not a State but a local government and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the City, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R.

633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

(5) Where the City which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the

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Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

(6) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(7) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the City, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

14.4 Federal Changes.

(6) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the City and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

14.5 Termination for Convenience (General Provision).

(1) The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract 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 to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs.

14.6 Termination for Default [Breach or Cause] (General Provision).

(1) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

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14.7 Opportunity to Cure (General Provision).

(1) The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor ten (10) calendar days in which to cure the defect.

In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City’s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within ten (10) calendar after receipt by Contractor of 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 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.

14.8 Waiver of Remedies for any Breach.

(1) 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 City shall not limit the City’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

14.9 Civil Rights.

The following requirements apply to the underlying contract:

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(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 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C.

§ 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, COG DOC # 1204069 16 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 FTA 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 requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

14.10 Disadvantaged Business Enterprises.

(1) 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 10%. The City’s overall goal for DBE participation is 9.375%. A separate contract goal has not been established for this contract. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. 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. 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

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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.

14.11 Incorporation of Federal Transit Administration (FTA) Terms.

(1) The preceding provisions include, in part, certain Standard Terms and

Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause City to be in violation of the FTA terms and conditions.

14.12 Suspension and Debarment.

(1) This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the City. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

14.13 ADA Access.

(1) The Contractor shall comply with 49 USC 5301(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. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), 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 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto.

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14.14 Resolution of Disputes

Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Owner. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the authorized representative of the Owner. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of the Owner shall be binding upon the Contractor and the Contractor shall abide be the decision.

Performance During Dispute - Unless otherwise directed by the Owner, the Contractor shall continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Owner is located.

Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Owner, Architect or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

14.15 Clean Air Act.

(1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. Sect. 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal Assistance provided by FTA.

14.16 Clean Water

(1) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. Sect. 1251 et seq. The Contractor agrees to report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

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(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

14.17 Fly America.

(1) Contractor shall comply with 49 USC 40118 (the “Fly America” Act) in accordance with General Services Administration regulations 41 CFR 301-10, stating that recipients and sub-recipients of Federal funds and their contractors are required to use US Flag air carriers for US Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a US flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor shall include the requirements of this section in all subcontracts that may involve international air transportation.

14.18 Cargo Preference.

(1) Contractor shall: a. use privately owned US-Flag commercial vessels to ship at least 50% of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for US flag commercial vessels; b. furnish within 20 working days following the loading date of shipments originating within the US or within 30 working days following the loading date of shipments originating outside the US, a legible copy of a rated, "on-board" commercial bill-of-lading in English for each shipment of cargo described herein to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the recipient (through contractor in the case of a subcontractor's bill-of-lading.); c. include these requirements in all subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment, material or commodities by ocean vessel.

14.19 Energy Conservation.

(1) The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. Sect.

6321 et seq.

14.20 Safe Operation of Motor Vehicles.

(1) The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company owned” and “company-leased” refer to vehicles owned or leased, either by the Contractor or City. The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted

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drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle the Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.

14.21 Prohibition on Certain Telecommunications and Video Surveillance Services and Equipment.

(1) The prohibition on certain telecommunications and video surveillance services or equipment applies to all federally funded third-party contracts. The City of Greenville is prohibited from using federal funds to:

a. Procure or obtain;

b. Extend or renew a contract to procure or obtain; or

c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(2) As described in Public Law 115-232, section 889, “Covered telecommunications equipment or services” is:

a. Telecommunications equipment…