Construction_Manager_Services_for_Bus_Stop_Improvements_Project.pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityofgainesville.org

RTSX-260041-DS

CONSTRUCTION MANAGER SERVICES FOR BUS STOP IMPROVEMENTS

PROJECT

RELEASE DATE: May 11, 2026

RESPONSE DEADLINE: June 17, 2026, 3:00 pm

Please refer to the project timeline in this document for all important deadlines.

Construction Manager Services for Bus Stop Improvements Project

Table Of Contents

1. INTRODUCTION

2. DEFINITION OF TERMS

3. SCOPE OF WORK/SPECIFICATIONS

4. FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIRED CLAUSES

5. TERMS AND CONDITIONS OF SOLICITATION

6. REQUIRED SUBMITTAL RESPONSE FORMAT

7. REQUIRED SUBMITTAL DOCUMENTS - FTA

8. SELECTION PROCESS

9. EVALUATION CRITERIA

10. AWARD

11. CONTRACT

12. GENERAL TERMS AND CONDITIONS

Attachments:

A - BSI 2627_Pkgs 1-5 B - BSI 2627_Pkgs 6-10 C - City of Gainesville Engineering & Design Construction Manual 2022 D - FDOT Accessing Transit---Design Handbook for Florida Bus Passenger Facilities Version IV, 2023 E - Draft Contract F - Consolidated State Law Affidavit 10-22-25 G - Certification Regarding Debarment H - Certification and Restrictions on Lobbying I - Disclosure of Lobbying Activities J - Federal Tax Liability and Recent Felony Conviction K - Prohibition on Certain Telecommunications...

L - Contractor Responsibility Certification M - Federally Funded Purchase Questionnaire

1. INTRODUCTION

1.1. Summary

The City of Gainesville is implementing Phase 2 of the RTS Bus Stop Improvements Program, funded with Federal Transit Administration (FTA) dollars. Phase 2 includes plan packages 1-5 with improvements at 95 bus stops, with a total construction budget of $1,050,204.58. Phase 3 includes plan packages 6-10 with improvements at 83 bus stops, and is funded at $851,344.45 and will follow a similar structure. Phase 3 is contingent upon availability of additional FTA funds received within four months from execution of the construction contract.

The City seeks a Construction Manager (CM) to provide oversight, inspection, ADA compliance review, permitting coordination, documentation management, and closeout support for all construction activities performed by the construction contractor.

NOTICE: Bidders are to submit firm pricing separately for each phase of this project. The entire combined budget for Construction Manager Services for both phases is limited to $190,154.90. Submittals exceeding this amount will not be evaluated or considered for award.

1.2. Background

Gainesville is the largest city and also the county seat of Alachua County. It serves as the cultural, educational and commercial center for the north central Florida region.

The city provides a full range of municipal services, including police and fire protection; comprehensive land use planning and zoning services; code enforcement and neighborhood improvement; streets and drainage construction and maintenance; traffic engineering services; refuse and recycling services through a franchised operator; recreation and parks; cultural and nature services; and necessary administrative services to support these activities. Additionally, the city owns a regional transit system, a municipal airport, a 72-par championship golf course and a utility.

Gainesville is home to Florida's largest and oldest university, and is one of the State’s centers for education, medicine, cultural events and athletics. The University of Florida and UF Health Hospital at UF are the leading employers in Gainesville and provide jobs for many residents of surrounding counties. Known for its preservation of historic buildings and the beauty of its natural surroundings, Gainesville's numerous parks, museums and lakes provide entertainment to thousands of visitors. Because of its beautiful landscape and urban "forest," Gainesville is one of the most attractive cities in Florida.

1.3. Procurement Representative

Daphyne Sesco

Procurement Specialist 3 sescoda@cityofgainesville.org https://go-rts.com/ https://www.flygainesville.com/ http://gru.com/

Respondents shall submit all inquiries regarding this bid via the City of Gainesville Procurement Portal, located at https://procurement.opengov.com/portal/cityofgainesville

Please note the deadline for submitting inquiries. All answers to inquiries will be posted via Addendum on the City of Gainesville Procurement Portal. Respondents shall click “Follow” on this bid to receive an email notification when Addenda are posted. It is the responsibility of the respondent to check the website for answers to inquiries.

1.4. Timeline

RFP Available for Distribution: May 11, 2026

Deadline for Receipt of Questions: May 26, 2026, 11:59pm

Response Submission Deadline: June 17, 2026, 3:00pm https://procurement.opengov.com/portal/cityofgainesville

2. DEFINITION OF TERMS

2.1. DEFINITION OF TERMS

A. Addendum/Addenda: Written or graphic document(s) issued prior to the Response due date, which make additions, deletions, or revisions to the solicitation or contract documents.

B. Agreement: A written Contract between two or more Parties. “Contract” and “Agreement” are synonymous.

C. Bid: The written response to a Solicitation.

D. CITY: City of Gainesville

E. Cone of Silence: The period between the issue date of the solicitation and the time CITY Officials and

Employees award the contract.

F. Due Date: The date the response is due.

G. Lobbying: When any natural person, for compensation, seeks to influence the governmental decision-making, to encourage the passage, defeat or modification of any proposal, recommendation or decision by CITY officials and employees, except as authorized by procurement documents.

H. Non–Responsive: A response that does not meet the material requirements of the solicitation.

I. Redacted: means that the confidential/proprietary information in the proposal has been obscured so that it cannot be read.

J. Respondent: An individual or business entity that submits a response to a Solicitation.

K. Response: A written document submitted by a Respondent in reply to Solicitation.

L. Responsive: A response that conforms in all material respects to the requirements set forth in the

Solicitation.

M. Solicitation: A written document issued by an agency to obtain information or pricing for goods and/or services. May also be referred to as an Invitation to Bid (ITB), Request for Proposal (RFP), Request for

Quotation Quote), Invitation to Negotiate (ITN) or Request for Statement of Qualifications (RFSQ).

N. Work: Activity involving mental or physical effort done in order to achieve a purpose or result requested in the scope.

O. Unredacted: means that the entire document, including the confidential/proprietary information, has not be obscured and is visible for the evaluation team to use in their evaluation process.

3. SCOPE OF WORK/SPECIFICATIONS

3.1. MINIMUM QUALIFICATIONS

• The proposed Construction Manager must have a bachelor’s degree in construction management, engineering, or a related field

• The proposed Construction Manager must be licensed as a Professional Engineer, Architect, or

Certified Contractor, in the State of Florida

• The proposed Construction Manager must have at least 5 years’ extensive experience in construction management, particularly on projects of similar scope

3.2. SCOPE OF WORK

1. Project Overview

The City of Gainesville is implementing Phase 2 of the RTS Bus Stop Improvements Program, funded with Federal Transit Administration (FTA) dollars. Phase 2 includes plan packages 1-5 with improvements at 95 bus stops, with a total construction budget of $1,050,204.58. Phase 3 includes plan packages 6-10 with improvements at 83 bus stops, and is funded at $851,344.45 and will follow a similar structure. Phase 3 is contingent upon availability of additional FTA funds received within four months from execution of the construction contract.

The City seeks a Construction Manager (CM) to provide oversight, inspection, ADA compliance review, permitting coordination, documentation management, and closeout support for all construction activities performed by the construction contractor.

The following project information is available from Downloads/Attachments:

• BSI 2627_Pkgs 1-5.pdf

• BSI 2627_Pkgs 6-10.pdf

• BSI 2627_Bus Stop Improvements List.xlsx

The CM will ensure that work complies with:

• City of Gainesville Engineering & Design Construction Manual (2022) - available from

Downloads/Attachments tab

• FDOT Accessing Transit Design Handbook (2023) - available from Downloads/Attachments tab

• FDOT Standard Plans (2025–2026) can be accessed via this link:

https://www.fdot.gov/design/standardplans/2026/standard-plans-fy-2025-26

• Applicable ADA standards

• FTA documentation and reporting requirements https://www.fdot.gov/design/standardplans/2026/standard-plans-fy-2025-26

NOTICE: Bidders are to submit firm pricing separately for each phase of this project. The entire combined budget for Construction Manager Services for both phases is limited to $190,154.90. Submittals exceeding this amount will not be evaluated or considered for award.

2. Scope of Work

2.1 Pre-Construction Services

The CM shall perform the following activities prior to the start of construction:

• Review all issued-for-construction plans, including site plans C1.00–C1.13, general notes, demolition notes, and ADA-related details.

• Identify constructability issues, conflicts with utilities, right-of-way constraints, and ADA slope feasibility.

• Coordinate and attend kickoff meetings with the City, Engineer of Record (EOR), utility providers, and the construction contractor.

• Support the City in developing a construction sequencing plan for multiple distributed sites.

• Assist with permitting coordination across City, County, and State road jurisdictions, including MOT approvals where required.

• Review contractor submittals related to concrete mixes, detectable warnings, MOT plans, erosion control, and other items referenced in the plan set.

2.2 Construction Phase Services

The CM shall provide ongoing field and administrative support throughout construction, including:

A. Field Inspections & Monitoring

• Perform on-site inspections at a frequency agreed upon with the City, based on contractor progress and FTA documentation needs.

• Verify compliance with ADA requirements, including:

o B&A pad slopes (1.50% target, 2.00% max) o Sidewalk cross slopes (≤2.0%) and running slopes (≤5.0%) o Landing slopes (1.50% target, 2.00% max)

• Confirm compliance with general construction notes, including:

o Concrete thickness (4" sidewalk, 6" B&A pads) o Subgrade compaction (95% Modified Proctor) o Expansion and control joint placement o Sawcutting at existing joints o Positive drainage requirements

• Monitor contractor adherence to MOT requirements per FDOT Standard Plans Section 102.

• Verify that erosion and sediment control devices are installed, maintained, and inspected per FDOT and BMP requirements.

• Confirm that disturbed areas are restored and sodded per project notes.

B. Utility & Right-of-Way Coordination

• Coordinate with utility providers for conflicts involving poles, guy wires, hydrants, valves, and overhead lines noted throughout the plan sheets.

• Verify right-of-way limits and ensure all work remains within approved boundaries.

• Support the City in resolving conflicts requiring redesign or field adjustments.

C. Issue Resolution

• Coordinate responses to RFIs and field questions.

• Facilitate communication between the contractor, EOR, and City staff.

• Document and track field changes, unforeseen conditions, and required approvals.

D. Schedule & Progress Tracking

• Track contractor progress across all active sites.

• Maintain a consolidated schedule showing planned vs. actual progress.

• Monitor quantities installed for each improvement type.

2.3 Compliance, Documentation & Reporting

Because the project is funded with FTA dollars, the CM shall:

• Maintain all required FTA documentation, including daily logs, inspection reports, photos, and material verification.

• Prepare and submit monthly progress reports summarizing:

o Work completed by location o Schedule status o Issues and risks o Utility coordination o ADA compliance findings o Erosion control inspections

• Maintain a running log of all site-specific issues, resolutions, and approvals.

• Ensure documentation is audit-ready and compliant with FTA requirements for capital projects.

2.4 Final Inspections & Closeout

The CM shall support the City in completing all closeout activities, including:

• Coordinate final inspections with the applicable jurisdiction (City, County, State).

• Verify punch list completion for each site.

• Confirm ADA compliance of all constructed elements.

• Ensure all disturbed areas are restored and sodded.

• Collect and organize closeout documentation, including:

o As-built information o Material certifications o Final inspection reports o FTA documentation

• Prepare a final program-level closeout summary for Phase 2 (and Phase 3 when applicable).

3. Program Level Management (Phase 2 & Phase 3)

Given the distributed nature of the work (250+ stops across 10 plan packages), the CM shall:

• Maintain a master tracking system for all stops, including status, issues, and jurisdictional requirements.

• Provide recommendations to optimize sequencing and minimize disruptions to transit operations.

• Support the City in lessons-learned documentation to refine Phase 3 delivery.

• Assist with coordination between overlapping packages or concurrent contractors if applicable.

4. Assumptions & Clarifications

• The CM is not responsible for performing construction work.

• The CM will not redesign improvements but will identify issues requiring EOR review.

• The CM will coordinate with the City for any required easements or property access.

• The CM will provide staffing levels appropriate to the distributed nature of the work.

• All services shall comply with FTA procurement and documentation requirements.

4. FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIRED CLAUSES

4.1. Federal Transit Administration (FTA) Notice

Statement of Financial Assistance: This purchase or contract is funded in whole or in part by the U.S.

Department of Transportation, Federal Transit Administration. The following requirements are applicable for this purchase or contract:

NOTE: Changes to FTA language are not allowed. Additionally, in the event of conflicting language between FTA clauses and City clauses, the most restrictive takes precedence.

4.2. No Federal Government Obligation to Third Parties

The City of Gainesville, hereafter “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 Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

4.3. Program Fraud and False or Fraudulent Statements and Related Acts

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

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C.

§ 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.

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

4.4. Access to Records and Reports

A. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-contracts, leases, subcontracts, arrangements, other third party contracts of any type, and supporting materials related to those records.

B. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this contract for a period of at not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

C. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337.

D. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

4.5. Federal Changes

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract.

Contractor’s failure to so comply shall constitute a material breach of this contract.

4.6. Civil Right Laws and Regulations

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.

The following Federal Civil Rights laws and regulations apply to all contracts.

A. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

1. Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

2. Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,”

September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

B. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20

U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in

Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

C. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. §

6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial

Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. §

621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age

Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

D. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity

The City is an Equal Opportunity Employer. As such, City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, City agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

A. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

B. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor

(U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment

Opportunity, Department of Labor,” 41 C.F.R. chapter 60, and Executive Order No. 11246, “Equal

Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

C. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal

Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,”

29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities

Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the

Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

D. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. §

794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural

Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

E. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

4.7. Equal Employment Opportunity

During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

C. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

D. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

E. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

F. The contractor will furnish all information and reports required by Executive Order 11246 of September

24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of

Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the contractor’s non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September

24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

H. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the

United States.

4.8. Disadvantaged Business Enterprise (DBE)

It is the policy of the Agency and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City deems appropriate, which may include, but is not limited to:

A. Withholding monthly progress payments;

B. Assessing sanctions;

C. Liquidated damages; and/or

D. Disqualifying the Contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the City makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

4.9. Energy Conservation

The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).

4.10. Americans with Disabilities Act (ADA)

The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

4.11. Privacy Acts

A. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. §

552a. Among other things, the Contractor agrees to obtain the express consent of the Federal

Government before the Contractor or its employees operate a system of records on behalf of the Federal

Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.

B. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

4.12. Safe Operation of Motor Vehicles

Seat Belt Use

The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or City.

Distracted Driving

The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this contract.

4.13. Incorporation of Federal Transit Administration (FTA) Terms

The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

The following conditional requirements may apply based upon value and/or item/service:

4.14. Termination

If this solicitation or contract is valued in excess of $10,000.

The following is the City’s language from the Draft Contract.

A. For Cause. Either City’s or Contractor’s failure to comply with their respective obligations contained in this Contract will be a material breach of this Contract (“Default”). The non-defaulting party shall provide written notice of Default to the defaulting party (“Notice of Default”). The defaulting party will have thirty (30) calendar days from the effective date of the Notice of Default, as determined by the “Notices” section of this Contract, to cure such Default (“Initial Cure Period”). In the event the nature of the Default is such that it cannot reasonably be cured within such Initial Cure Period, then the cure period will be extended in writing, so long as the defaulting party has commenced to cure such Default within said

Initial Cure Period and the defaulting party diligently undertakes and pursues such cure to completion

(“Extended Cure Period”). The defaulting party must provide the non-defaulting party with documentation evidencing that the defaulting party is diligently undertaking and pursuing such cure to completion. The foregoing notwithstanding, all monetary Defaults will be deemed capable of cure within thirty (30) calendar days. During the Initial Cure Period or any Extended Cure Period where the

Contractor is the defaulting party, the City may suspend any payment otherwise payable pursuant to this Contract until the Default has been cured. Upon the defaulting party's failure to cure such Default within the Initial Cure Period or any Extended Cure Period, as applicable, the non-defaulting party may choose to immediately terminate this Contract in writing and without prejudice to any other rights or remedies the non-defaulting party may have pursuant to law or equity. The non-breaching party may pursue all remedies available at law.Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the

Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined.

B. Without Cause. Either party may terminate this Contract without cause upon thirty (30) calendar days’ written notice to the other party. In the event of such termination, the City will compensate Contractor for any services rendered through the effective date of the termination. Contractor will not be entitled to overhead and profit for the unperformed portion of the Contract.

4.15. Debarment and Suspension

If this solicitation or contract is valued at $25,000 or more

Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:

A. Complies with federal debarment and suspension requirements; and

B. Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR

Part 1200.

4.16. Violation and Breach of Contract

If this solicitation or contract exceeds $150,000

Rights and Remedies of the City

City shall have the following rights in the event that City deems the Contractor guilty of a breach of any term under the Contract.

A. The right to take over and complete the work or any part thereof as City for and at the expense of the

Contractor, either directly or through other contractors;

B. The right to cancel this contract as to any or all of the work yet to be performed;

C. The right to specific performance, an injunction or any other appropriate equitable remedy; and

D. The right to money damages.

For purposes of this Contract, breach shall include:

Rights and Remedies of Contractor

Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this contract, which may be committed by City, the Contractor expressly agrees that no default, act or omission of City shall constitute a material breach of this contract, entitling Contractor to cancel or rescind the contract (unless City directs Contractor to do so) or to suspend or abandon performance.

Remedies

Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the City will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before City takes action contemplated herein, City will provide the Contractor with sixty (60) days written notice that the City considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action.

Disputes

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

Performance during Dispute

Unless otherwise directed by City’s authorized representative, 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 its employees, agents or others for whose acts it 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 or damage.

Remedies

Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between City’s authorized representative 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 City is located.

Rights and Remedies

Duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City 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.

4.17. Restrictions On Lobbying

If this solicitation or contract is for $100,000 or more

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352(b)(5), 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 City, 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(b)(5). 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(b)(5). Such disclosures are forwarded from tier to tier up to the City.

4.18. Clean Air Act and Federal Water Pollution Control Act

If this solicitation or contract exceeds $150,000 in any year

Clean Air Act

A. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. The contractor agrees to report each violation to City and understands and agrees that City, in turn, report each violation as required to assure notification to City, Federal Emergency Management

Agency, and the appropriate Environmental Protection Agency Regional Office.

C. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Federal Water Pollution Control Act

A. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

B. The contractor agrees to report each violation to City and understands and agrees that City will, in turn, report each violation as required to assure notification to City, Federal Emergency Management

Agency, and the appropriate Environmental Protection Agency Regional Office.

C. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

4.19. E-Verify Requirement

The Contractor shall (1) utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the contract; and (2) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

4.20. DHS Seal, Logo, and Flags

The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FTA pre-approval.

4.21. Notice to FTA and U.S. DOT Inspector General of Information Related to

Fraud, Waste, Abuse, or Other Legal Matters

If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which City is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220.

A. The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.

B. Matters that may affect the Federal Government include, but are not limited to, the Federal

Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.

C. The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31

U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the

Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the

Recipient.

4.22. Prohibition On Certain Telecommunications and Video Surveillance

Services Or Equipment

a) Recipients and…