FINAL____24-0605-08 JOC ROADWAY CONSTRUCTION AND RELATED SERVICES (1).docx.pdf

REQUEST FOR PROPOSAL

RFP: 24-0605-08

JOC ROADWAY CONSTRUCTION AND RELATED SERVICES

NIGP COMMODITY CODES: 91394, 91395, 91396

DUE DATE AND TIME: August 2, 2024 at 2:00 p.m. LOCAL TIME

IMPORTANT

RFP MUST BE SUBMITTED IN A SEALED ENVELOPE WITH THE

RFP NUMBER AND DEADLINE DATE CLEARLY INDICATED ON

THE BOTTOM LEFT HAND SIDE OF THE ENVELOPE.

GENERAL CONDITIONS

As required by 13-1-111 NMSA 1978, the City of Clovis is requesting competitive sealed proposals for professional services.

Proposals must include but are not limited to the requirements set forth in the “Form of Proposal”. Proposals deposited with the City may be withdrawn or modified prior to the time set for opening of proposals by delivering written or telegraphic notice to the City.

Offerors submitting proposals may be afforded an opportunity for discussion and revision of proposals.

The opening of proposals shall be conducted in private in order to maintain the confidentiality of the contents of all proposals during the negotiation process. Upon reviewing the Proposal, top qualified offers may be contacted for additional qualifying information in the form of a formal presentation.

Negotiations may be conducted with all responsible Offerors who submit proposals found to be reasonably likely to be selected for award.

The award shall be made to the responsible Offeror or Offerors whose proposal is most advantageous to the City of Clovis, taking into consideration the evaluation factors set forth in the request for proposals. The award of a contract for professional services may be made based upon criteria which does not include price.

The City will open and evaluate all proposals; determine the need for, and conduct any negotiations; and make a final recommendation to the City Commission for award of the contract.

The City reserves the right to reject any or all proposals and to waive any technicalities at its option when in the best interest of the City of Clovis.

Award of the contract is contingent upon the budgeting and appropriation of funds for the continuation of the services contemplated by this Request for Proposal.

The proposal excludes all applicable taxes including applicable state gross receipts tax or applicable local option tax. The City will pay for any taxes due on the contract and will pay any increase in applicable taxes which come effective after the date the contract is entered into. Taxes shall be shown as a separate amount on each billing or request for payment and shall separately identify each tax being billed.

COOPERATIVE BID: By submitting a bid the vendor agrees to allow other municipalities or other authorized governmental agencies to purchase from this bid.

RENEWAL: If the RFP is an annual RFP the City of Clovis reserves the right to renew the RFP for nine (9) years, ten (10 years total).

The City of Clovis reserves the right to renew or issue a new Request for Proposal (RFP) without explanation or cause.

PENALTIES: If the winning contractor is not fulfilling the terms of the bid, to include delivery date, the City of Clovis will initiate the following procedures:

A. First Notice: Written warning describing unsatisfactory work rendered or non-performance of terms of the bid. The contractor will be given 10 working days to respond to this notice.

B. Second Notice: Issuance of a second written notice after ten business days will assess the contractor a $100.00 penalty fee per day for unsatisfactory work, non-delivery, or non-performance of contract. The fee will not be charged if notice of assessment for unsatisfactory work rendered, non-delivery, or non-performance of contract is made satisfactory within 48 hours of notice. Each day that there is a violation may constitute a separate offense.

PROTEST BOND: Protest may be filed in accordance with 13-1-1 NMSA. A $5000.00 protest bond will be filed for each protest. If protest is upheld, a bid will be awarded to the next qualified bidder. If the protest is disallowed the protesting bidder will forfeit the $5000.00 bond.

TIMELINE

Release Date June 30, 2024 Deadline for Questions by 5:00 p.m. July 29, 2024 Proposals Due by 2:00 p.m. August 2, 2024 Evaluations Begin TBD Interview or Decision to Skip Interviews TBD Final Recommendation to Commission TBD Award of Contracts TBD

I. BACKGROUND

Originally developed to support the project needs of military bases, Job Order Contracting (JOC) has now become more widely accepted and utilized throughout the public sector. JOC is an innovative contracting technique created for facilities maintenance and construction related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost effective and timely basis. The JOC Program utilizes an "on-call" general construction contractor on an as-needed basis for an Indefinite Quantity Contract to perform minor/major construction, repair, rehabilitation or alteration of facilities and infrastructure.

The objectives for the JOC customer typically are to obtain a cost effective delivery of high quality projects in a rapid and reliable manner. For the Contractor, the objectives of a job order contract are typically to maintain a long term business relationship with the City and achieve a fair profit. As a facility need is identified, either by work or caused by an emergency, the City assigns said project to the JOC contractor, who will in turn investigate, plan, provide an estimate and schedule work to be accomplished once authorization has been granted to proceed.

The selected Proposer/Contractor must have continuous experience in job order contracting for minor/major construction, repair, rehabilitation, or alteration of facilities, comparable in size, type, scope, and complexity to the City of Clovis’s Job Order Contracting Program described in the Scope of Work, for a minimum of three years. The term “job order contracting” or “job order contract” includes contracts where the work is of a recurring nature but the delivery times are indefinite and indefinite quantities and orders are awarded substantially on the basis of pre-described and pre-priced tasks. They also involve the simultaneous accomplishment of multiple projects and require the use of multiple subcontracts.

II. PURPOSE

The City of Clovis invites the submittal of Proposals from Contractors interested in providing Job Order Contract (JOC) construction services for the construction, repair, rehabilitation or alteration of various Citywide Facilities and infrastructure for work of a recurring nature where the delivery times and quantities are indefinite, and Purchase Orders are issued on the basis of pre-described and pre-priced tasks.

III. OBJECTIVE

The City of Clovis objective is to retain highly qualified Contractor or Contractors with experience in JOC work in occupied facilities to provide the services described herein. Those firms that participate in this RFP process will be referred to as “Proposer.” The successful “Proposer” will be referred to, in the RFP, as the “Contractor”. Awarded “Contractors'' must be willing to extend the term and conditions of this proposal to other Public Entities at the request of the City of Clovis.

IV. SCOPE OF WORK

a. The City of Clovis Department Heads will issue Purchase Orders on an as-needed basis as may be required. The specific work requirements will be identified, documented, and approved by the City prior to the issuance of a Purchase Order.

b. Contractor shall furnish all labor, materials, tools, supplies, equipment, transportation, insurance, bonds, subcontracts, supervision, management, reports (including certified pay records if necessary), incidentals, and quality control, and shall perform all operations necessary and required for construction management and construction work, which will be defined for each project.

c. Minor/Major construction may include but not limited to curb & gutter, sidewalks, curb ramps, driveways, aprons, miscellaneous flatwork, and retaining walls with footers. ROADWAY CONSTRUCTION AND RELATED SERVICES (To include but not limited to sales and service of asphalt, roadways general repair, roadway construction) Ability to perform specific tasks associated with Road Construction to include, but not limited to: PCCP Paving, Asphalt Paving, Box Culverts, ADA Ramps, Road Reconditioning, Slurry Seal, Concrete Flatwork, Bank Protection, Retaining Walls, Turn Lanes, Utility Work, Bus Pullouts, Neighborhood Rehabilitation, Curb and Gutter, Drainage Structures, Roadway Excavation and Grading, Roadway widening, Guardrail Fabrication and Installation, Striping and Signage, Chip Seal and Traffic Control.

d. Design Services may be required for some work assignments. The Contractor shall use New Mexico registered professional engineers to prepare and seal construction documents.

e. Maintain traffic control according to an approved traffic control plan.

f. Simultaneous management of multiple projects.

g. Effectively manage on site personnel meeting high quality standards along with effective public relations.

h. Provide rapid response to emergency work required.

i. No minimum amount of work is guaranteed. The City anticipates pricing individual projects by obtaining proposals from one or all Contractors, as each unique project arises.

j. For projects determined by the City to be appropriate for this Job Order Contract, the City will request that the Contractor prepare a cost proposal and project schedule. If acceptable, the City will issue an individual Purchase Order and direct the Contractor to proceed with the work.

Although the City anticipates that awarded contractors will be issued work, the Contractor is neither guaranteed a minimum amount of work nor any jobs at all. The City reserves the right and will issue purchase orders based on the ability of the Contractor to meet the City’s work schedule and the availability of trades and expertise in relation to each project.

V. PROPOSAL ORGANIZATION AND SELECTION CRITERIA AND CATEGORIES

a. To enable the City to efficiently evaluate Proposals, it is MANDATORY that Proposer follows the required format in preparing its Proposal. Proposals that do not conform to the prescribed format may not be evaluated.

b. The Proposal shall consist of one (1) original binder and one (1) electronic (USB thumb drive) copy. The binder and thumb drive shall be submitted in a sealed box. Proposer shall clearly identify the RFP number, Proposal Due Date, and Proposer’s name on the outside of the box.

c. Binders are used to ensure that pages are not lost. Each binder shall be of adequate size to fit all information being submitted. Pages shall be no larger than letter-size (8½” by 11”). Tabbed sections, as defined below, shall separate information provided.

d. The selection criteria and corresponding point values are set out in Tabbed Sections I –

IX.

e. Each of the binders shall be organized in the following order:

Outside Cover of Binder:

This shall clearly identify the RFP number and description and Proposer’s name, and what category you are proposing for.

Tabbed Section I: Experience (10 points). Provide at least three examples of Proposer’s successful experience over the last five years with Job Order Contracts, construction contracts, remodeling contracts, or rehabilitation contracts on similar types of projects. Include name, address, and telephone number of project owner or Architect/Engineer for verification. Required minimum number of years in business performing JOC or related construction is three years.

Tabbed Section II: References (10 points). Provide at least three references over the last three years from clients, project owners, Architects/Engineers, or Executive level personnel, with their address and telephone number. References shall not include City of Clovis employees or City elected officials.

Tabbed Section III: Management Plan (10 points). Provide proposed project organization with position descriptions, qualifications of personnel to be assigned to the project staff, procedures for managing the project to include preparation of estimates, scheduling, use of software and computers, field supervision, interface between Proposer’s home office and the City of Clovis, measures to ensure responsiveness to routine, urgent, and emergency projects, and internal and external communication.

Tabbed Section IV: Contractor’s Representative (10 points). Proposer’s proposed supervisory personnel. Provide qualifications and experience of Contractor’s representative on Job Order Contracts or jobs with similar scope, complexity, and value.

The City may include a “key persons clause” as part of construction contract committing supervisory personnel to the project as proposed.

Tabbed Section V: Subcontractors/Suppliers (10 points). Provide a list of proposed subcontractors and suppliers to be used. Attach letters of commitment to this project or letters of pre-qualifications from proposed subcontractors. Include subcontractors’ experience on Job Order Contracts on similar types of projects. Provide procedures for identifying, managing, and assisting subcontractors. Any subs added at a later date, must be approved by the City of Clovis.

Tabbed Section VI: Safety (20 points). Provide safety records and programs. Provide current Workmen’s Compensation Modifier. Number of lost time incidents during the last five years and the associated total number of lost days related to safety incidents.

Number of OSHA citations received over the last five years.

Tabbed Section VII: Claims History (10 points). List all projects in the last five years that have gone to claim, litigation, City Engineer’s decision, mediation or arbitration with the owner. List outcome of City Engineer’s decision, litigation or arbitration. List any construction projects your firm failed to complete because of financial reasons, labor disputes, failure of your employees to perform, or any other reason.

Tabbed Section VIII: Pricing (20 points). Include all pricing sheets in this section.

Tabbed Section IX: Include signed Campaign Contribution Disclosure form along with completed and signed Submittal form.

f. Total Point Value for the criteria noted above in Tabbed Sections I thru IX equals 100 possible points.

g. The Proposer selected for an award will be the Proposer who’s Proposal, as presented in the response to this RFP, is the most advantageous to the City and offers the best qualifications. The City is not bound to accept the lowest scored Proposals if those Proposals are not in the best interest of the City as determined by the City. Multiple awards are possible, but will be at the discretion of the City of Clovis.

h. Proposals will be evaluated by the City. The criteria for evaluation of Proposals, and selection of the successful Proposer for this award, will be based on the factors listed in Paragraph VI (i) thru (viii) of this RFP.

i. Submission of a Proposal indicates Proposer's acceptance of the evaluation technique and Proposer's recognition that some subjective judgments must be made by the City during the assigning of points.

VI. GENERAL INFORMATION

a. Contract will be for an indefinite delivery and quantity regarding the performance of the requested services to include but not limited to minor construction, repair, renovations, alterations, and maintenance projects as well as limited design and professional supervision on an as needed basis. The Contractor shall be responsible for providing all material, equipment, and labor for each JOC job, unless otherwise authorized by the City.

Specific work requirements shall be identified as they are deemed necessary by the City.

b. The Contractor shall be responsible for complying with all Federal, State, County, and City laws, codes, and ordinances applicable to the performance of any work under this contract, not specifically mentioned elsewhere in this contract. Special attention is called to, but not limited to, local environmental ordinances. Ignorance on the part of the contractor will in no way relieve the contractor from responsibility under this clause.

c. In addition, the contractor must comply with New Mexico Code, Prevailing Wage Rates, and Performance and Payment Bonds. Accordingly, New Mexico State Statutes, 13-4-11 requires the contractor to submit a certified payroll record and compensate any worker employed on a public works project that is $60,000.00 or greater to the Department of Labor. As well, 13-4-18, Performance and Payment Bonds, requires the JOC contractor to provide a payment bond on all public works jobs that exceed $25,000.00.

d. To determine the price of any work performed pursuant to the JOC, quotes shall be provided to the Department Head. Therefore, before beginning work, the City and the Contractor must agree and give formal notice to proceed.

e. Also, before beginning work, the City and Contractor must agree to all terms required per job, as in price, permits, certified payroll requirements on jobs $60,000 or greater, Bond and amount if required by the City, Certificate of insurance listing the City as additional insured or policy holder.

f. The City and the Contractor will determine the appropriate pricing through RS Means and the contractor’s modifier. Items or work not listed in RS Means will be negotiated.

VII. PROJECT PROPOSAL

a. Any work required by the City shall be ordered with the issuance of an approved

Purchase Order containing the approved Project Proposal along with a City issued Purchase Order.

b. Project Proposals are to be submitted to the City at no additional cost. In the event that the JOC contract contains multiple awards, the City may elect, at its own discretion, to solicit proposals from one or more of the awarded Contractors depending upon the estimated value and/or complexity of the proposed project. Determination to solicit multiple proposals or from only one awarded Contractor shall be on a case by case basis, as deemed in the best interest of the City.

c. Upon review of the project proposal(s), the City shall have the right to reject all proposals, cancel the proposed project, rebid the work under any permissible procedure, or perform the work utilizing City personnel. The City shall not be responsible for payment or costs incurred by the awarded Contractor(s) for the preparation and submission of a Job Order Proposal regardless of project outcome.

d. In the event that design services, construction drawings and/or plans are required, the Contractor shall propose an applicable price considering the scope, percentage of design deemed necessary, as well as the normal range of design costs in the area. This cost must be negotiated and approved by the City prior to the start of work. The City shall have the right to obtain said services from City resources or a third party, if deemed in the City's best interest.

VIII. SCHEDULING OF WORK

a. The first day of performance shall be the effective date specified in the Notice to Proceed.

Any preliminary work started, materials ordered or purchased prior to receipt of the City's Purchase Order shall be at the Contractor's risk and expense.

b. The Contractor shall meticulously prosecute the work to completion with the time set forth in the Job Order. The period of performance shall include allowance for mobilization; holidays; weekend days; inclement weather; and cleanup; therefore, claims for delay based upon said elements shall not be allowed.

c. When the Contractor considers the work to be complete and ready for its intended use, the Contractor shall notify the Departments Head. The City shall inspect the work to determine the status of completion. In the event that the City determines that the work has been substantially complete, a Certificate of Substantial Completion shall be issued listing remaining items to be completed and/or corrected prior City operations and personnel.

d. The Contractor shall take all necessary precautions to ensure that no damage shall result from operations to private or public property. All damages must be repaired or replaced by the Contractor at no additional cost to the City. The Contractor shall also be responsible for providing all necessary traffic control, to include but not limited to street blockages, traffic cones, flagmen, etc., as required for each project. Proposed traffic control methods must be submitted to the City for approval prior to the commencement of work.

e. The Contractor shall be responsible for obtaining all required permits applicable to performance under any single order placed against this contract. The City shall be responsible for the cost of any and all City permits.

f. The Contractor shall allow authorized City personnel to inspect and audit any books, documents, papers, data and records relating to performance throughout the term of said JOC contract. The City reserves the right to audit and/or examine such records at any time during the progress of this Contract and shall withhold payment if such documentation is found by the City to be incomplete or erroneous.

IX. WARRANTY OF CONSTRUCTION

The Contractor shall warrant that work performed conforms to the project requirements and is free of any defect in equipment, material or design furnished, or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one (1) year from the date of final acceptance of the Work.

X. AMENDMENTS TO RFP

Changes, amendments, or written responses to questions received in compliance with Section XII, Restrictions on Communication will be posted on www.bidnetdirect.com. It is Proposer’s responsibility to review this site and ascertain whether any amendments have been made prior to submission of a proposal or by emailing purchasing@cityofclovis.org. A Proposer who does not have access to the Internet, must notify the City in accordance with Section XII, Restrictions on Communication, that Proposer wishes to receive copies of changes, amendments, or written responses to questions by mail or fax.

No oral statement of any person shall modify or otherwise change or affect the terms, conditions or specifications stated in the RFP, and changes to the RFP – if any – shall be made in writing only.

XI. SUBMISSION OF PROPOSALS

Proposer shall submit one (1) original, signed in ink and one (1) electronic copy (USB flash drive) of the Proposal, in a sealed package, clearly marked on the front of the package–JOC Roadway Construction & Related Services, RFP 24-0605-08. All Proposals must be received in the Purchasing Office no later than 2:00 p.m., local time, on August 2, 2024 at the address below. Proposals submitted prior to the above time and date may be modified provided such modifications are sealed and received by the Purchasing Office prior to the time and date set for submission of proposals. Any Proposal or modification received after this time shall not be considered.

Physical Address:

City of Clovis Attn: Purchasing Agent 321 N. Connelly Clovis, New Mexico 88101

Proposals sent by facsimile or email will not be accepted.

XII. RESTRICTIONS ON COMMUNICATION

a. Proposers are prohibited from communicating with elected City officials and their staff regarding the RFP or Proposals from the time the RFP has been released until the contract is posted as a City Commission agenda item. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results in the direct or indirect discussion of the RFP and/or Proposal submitted by Proposers. Violation of this provision by Proposer and/or their agent may lead to disqualification of Proposer’s http://www.bidnetdirect.com mailto:purchasing@cityofclovis.org proposal from consideration. Exceptions to the restrictions on communication with City employees include:

Proposers may submit questions concerning this RFP to purcashing@cityofclovis.org or www.bidnetdirect.com until 5:00 p.m., local time, on July 29, 2024. Questions received after the stated deadline will not be answered.

XIII. AWARD OF CONTRACT AND RESERVATION OF RIGHTS

a. City reserves the right to award one, more than one or no contract(s) in response to this

RFP.

b. The Contract, if awarded, will be awarded to the Proposer(s) whose Proposal(s) is deemed most advantageous to City, as determined by the selection committee, upon approval of the City Commission.

c. City may accept any Proposal in whole or in part. If subsequent negotiations are conducted, they shall not constitute a rejection or alternate RFP on the part of the City.

However, final selection of a Proposer is subject to City Commission approval.

d. City reserves the right to accept one or more proposals or reject any or all proposals received in response to this RFP, and to waive informalities and irregularities in the proposals received. City also reserves the right to terminate this RFP, and reissue a subsequent solicitation, and/or remedy technical errors in the RFP process.

e. City will require the selected Proposer(s) to execute a contract with the City, after the City Commission award. No work shall commence until City signs the contract document(s) and Proposer(s) provides the necessary evidence of insurance as required in this RFP and the Contract. Contract documents are not binding on the City until approved. In the event the parties cannot negotiate and execute a contract within the time specified, City reserves the right to terminate negotiations with the selected Proposer and commence negotiations with another Proposer.

f. This RFP does not commit City to enter into a Contract, award any services related to this RFP, nor does it obligate City to pay any costs incurred in preparation or submission of a proposal or in anticipation of a contract.

g. If selected, Proposer will be required to comply with the Insurance and Indemnification Requirements established herein.

h. The successful Proposer must be able to formally invoice the City for services rendered, incorporating the computer-generated contract and purchase order numbers that shall be provided by the City.

i. Conflicts of Interest. Proposer acknowledges that it is informed that the New Mexico State Procurement Code 13-1-28 prohibits a City officer or employee, as those terms are defined in the Code, from having a financial interest in any contract with City or any City agency such as City-owned utilities. An officer or employee has a “prohibited financial interest” in a contract with City or in the sale to City of land materials, supplies or service, if any of the following individual(s) or entities is a party to the contract or sale:

the City officer or employee; his parent, child or spouse; a business entity in which he or his parent, child or spouse owns ten (10) percent or more of the voting stock or shares of the business entity, or ten (10) percent or more of the fair market value of the business entity; or a business entity in which any individual or entity above listed is a subcontractor on a City contract, a partner or a parent or subsidiary business entity.

mailto:purcashing@cityofclovis.org http://www.bidnetdirect.com

j. Proposer is required to warrant and certify that it, its officers, employees and agents are neither officials nor employees of the City, as defined in the City’s Procurement Code.

(Discretionary Contracts Disclosure – RFP Attachment B)

k. Independent Contractor. Proposer agrees and understands that, if selected, it and all persons designated by it to provide services in connection with a contract, is (are) and shall be deemed to be an independent contractor(s), responsible for its (their) respective acts or omissions, and that City shall in no way be responsible for Proposer’s actions, and that none of the parties hereto will have authority to bind the others or to hold out to third parties, that it has such authority.

XIV. COST OF RFP

a. The City will not be responsible for costs incurred by anyone in the submission of qualifications or for any costs incurred prior to the execution of a formal contract.

XV. REGISTRATION AND LICENSING

a. Each contractor awarded a contract under this proposal must register with the New

Mexico Department of Labor before starting any projects with the City of Clovis.

Contractor must provide a copy of their registration certificate to the Purchasing Office.

b. Each contractor awarded a contract under this proposal must provide proof of their contractor's license through the New Mexico Construction Industries Division.

c. Each contractor must have a City of Clovis Business license.

XVI. CONFIDENTIAL INFORMATION

a. All responses shall be held confidential from other parties by the City to the extent allowable by law until after the selection process is completed. Proposers should be aware that at the completion of the selection process the contents of their Proposals are not subject to the provisions of the New Mexico Open Records Act and will not be made public until awards are made. CONFIDENTIAL or SENSITIVE information should be clearly marked, if included in the Proposals.

XVII. INSURANCE

a. Prior to the commencement of any work under an Agreement awarded pursuant to this

RFP, the selected Proposer shall furnish an original completed Certificate(s) of Insurance to the Purchasing Office which shall be clearly labeled Job Order Contracting in the Description of Operations block of the Certificate. The original Certificate(s) shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits and termination provisions shown thereon, containing all required information referenced or indicated thereon. The original Certificate(s) or form must have the agent’s original signature, including the signer’s company affiliation, title and phone number, and be mailed directly from the agent to the City. The City shall have no duty to pay or perform under said Agreement until such Certificate shall have been delivered to the Purchasing Office and no officer or employee, other than the City’s Purchasing Agent, shall have authority to waive this requirement.

b. Proposer’s financial integrity is of interest to the City, and, therefore, subject to Proposer’s right to maintain reasonable deductibles in such amounts as are approved by the City, Proposer shall obtain and maintain in full force and effect, for the duration of the

Agreement, and any extension thereof, at Proposer’s sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of New Mexico and rated A-(vii) or better by A.M. Best Company and/or otherwise acceptable to the City.

c. The City reserves the right to review these insurance requirements during the effective period of the Agreement and any extension or renewal thereof and to modify insurance coverages and their limits when deemed necessary and prudent by City’s Purchasing Agent, based upon changes in statutory law, court decisions or circumstances surrounding the Agreement, but in no instance will City allow modification whereupon City may incur increased risk.

d. The City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision or modification of particular policy terms, conditions, limitations or exclusions, except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies. Proposer shall be required to comply with any such requests and shall submit a copy of the replacement Certificate of Insurance to City at an address provided by City within ten (10) days of the requested change. Proposer shall pay any costs incurred resulting from said changes.

e. Proposer agrees that, with respect to the above-required insurance, all insurance contracts and Certificate(s) of Insurance will contain the following required provisions:

Name the City and its officials, employees, volunteers and elected representatives as additional insured as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers’ compensation and professional liability policies;

Provide for an endorsement that the “other insurance” clause shall not apply to the City of Clovis where the City is an additional insured shown on the policy;

Workers’ compensation and employers’ liability policy will provide a waiver of subrogation in favor of the City.

General Liability limits:

$1,000,000 each occurrence $500,000 Damage to premises $10,000 Medical expense $1,000,000 Personal & ADV injury $2,000,000 General Aggregate

g. Auto liability coverage for hired and non-owned $1,000,000

h. Workers compensation coverage each employee $500,000

When there is a cancellation, non-renewal or material change in coverage, which is not made pursuant to a request by City, Proposer shall notify the City of such and shall give such notices not less than thirty (30) days prior to the change, if Proposer knows of said change in advance, or ten

(10) days notice after the change, if the Proposer did not know of the change in advance. Such notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the City at the following addresses:

City of Clovis Attn: Purchasing Department

PO Box 760 Clovis, NM 88102

If Proposer fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; however, procuring of said insurance by the City is an alternative to other remedies the City may have and is not the exclusive remedy for failure of Proposer to maintain said insurance or secure such endorsement. In addition to any other remedies the City may have upon Proposer’s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Proposer to stop work under the Agreement, and/or withhold any payment(s) which become due to Proposer thereunder until Proposer demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer’s or its subcontractors’ performance of the work covered under the Agreement. It is agreed that Proposer’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by the City for liability arising out of operations under this contract.

XVII. SMALL BUSINESS PARTICIPATION (APPLIES ONLY TO FEDERALLY FUNDED PROJECTS)

a. Pursuant to Federal Regulations, it is the policy of the City of Clovis to involve Small, Minority, Women and African-American Owned Business Enterprises (S/M/W/AABE) to the greatest extent feasible in the City’s discretionary contracts funded by Federal dollars.

The intent and purpose of the policy is to ensure that S/M/W/AABE firms have the opportunity to compete for City contracts without discrimination on the basis of race, color, religion, national origin, age, sex or handicap.

i. Small Business Program: the Small Business Economic Development

Advocacy (“SBEDA”) Program governed by this ordinance and managed by the SMALL BUSINESS Program Office.

ii. Small Business Enterprises (SBE): a corporation, partnership, sole proprietorship or other legal entity, for the purpose of making a profit, which is independently owned and operated and which meets the U.S. Small Business Administration (SBA) size standard for a small business. All firms meeting these thresholds will be considered an SBE.

iii. Local Business Enterprise (LBE): a corporation, partnership, sole proprietorship, or other legal entity which is headquartered within the City of Clovis for at least one year. For a branch office of a non-headquartered business to qualify as an LBE, the branch office must be located in the City of Clovis for at least one-year and employ a minimum of ten (10) residents of City of Clovis for use at the local branch office.

iv. Minority Business Enterprise (MBE): a sole proprietorship, partnership, or corporation owned, operated, and controlled by a minority group member(s) who has at least 51% ownership. Minority group member(s) include African-Americans; Hispanic Americans; Asian-Pacific Americans; Asian-Indian Americans; American Indians; and Disabled Individuals. The minority group member(s) must have operational and managerial control, interest in capital, expertise and earnings commensurate with the percentage of ownership and be legal residents or citizens of the United States or its territories. To qualify as an

MBE, the enterprise shall be headquartered in Clovis for any length of time, or shall be doing business in a locality or localities from which the City regularly solicits, or receives bids on or proposals for, City contracts within the MBE’s category of contracting for at least one year.

v. Woman Business Enterprise (WBE): a sole proprietorship, partnership, or corporation owned, operated and controlled by women who have at least 51% ownership. The woman or women must have operational and managerial control, interest in capital, expertise and earnings commensurate with the percentage of ownership and be legal residents or citizens of the United States or its territories.

To qualify as a WBE, the enterprise shall be headquartered in Clovis for any length of time or shall be doing business in a locality or localities from which the City regularly solicits or receives bids on or proposals for, City contracts within the WBE’s category of contracting for at least one year.

vi. African-American Business Enterprise (AABE): a sole proprietorship, partnership, or corporation owned, operated and controlled by an African-American group member(s) who has at least 51% ownership. The African American Group member(s) must have operational and managerial control, interest in capital, expertise and earnings commensurate with the percentage of ownership and be legal residents or citizens of the United States or its territories.

To qualify as an AABE, the enterprise shall be headquartered in Clovis for any length of time or shall be doing business in a locality or localities from which the City regularly solicits, or receives bids on or proposals for, City contracts within the AABE’s category of contracting for at least one year.

XVIII. REQUIREMENTS FOR FEDERALLY FUNDED PROJECTS

a. The following statements apply to all purchases utilizing Federal monies:

i. Federal Laws and Regulations: The Contractor acknowledges that Federal laws, regulations, policies, and related administrative practices applicable to the laws, regulations, policies, and related administrative practices applicable to a Project on the date the authorized FTA or FFA official signs the Grant Agreement or Cooperative Agreement may be modified from time to time. It is understood that Federal requirements may change and the changed requirements will apply to a Project as required, unless the Federal Government determines otherwise.

ii. No Federal Government Obligations to Third Parties. Notwithstanding that the Federal Government may have concurred in or approved any solicitation, sub agreement, or third party contract, the Federal Government shall not be subject to any obligations or liabilities to any sub recipient, any third party contractor, or any other person not a party to the Grant Agreement or Cooperative Agreement in connection with the performance of a Project.

iii. False & Fraudulent Statements or Claims: The Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to this Project. Accordingly, we certify or affirm the truthfulness and accuracy of each statement we have made, makes, or may make in connection with the Project covered by the Grant Agreement or Cooperative Agreement.

In addition to other penalties that may apply, we also acknowledge that if we make a false fictitious, or fraudulent claim, statement or submission or certification to the Federal Government, the Federal Government reserves the right to impose the penalties of the

Program Fraud Civil Remedies Act of 1986, as amended, to the extent the Federal Government deems appropriate. If the grantee makes a false, fictitious, or fraudulent claim, statement, submission or certification to the Federal Government in connection with an urbanized area formula project financed with Federal assistance authorized for 49 U.S.C. Sec. 5307, the Government reserves the right to impose of the Grantee the penalties of 18 U.S.C. Sec. 1001 and 49 U.S.C. Sec 5307(n)(1), to the extent the Federal Government deems appropriate.

iv. Civil Rights: The Contractor agrees to comply with all applicable civil rights statutes and implementing regulations including, but not limited to, the following:

1. Nondiscrimination in Federal Transit Programs. The Contractor agrees to comply, and assures the compliance of each third party contractor at any tier and each sub recipient at any tier under the Project, with the provisions of 49 U.S.C. Sec 5332, which prohibits discrimination on the basis of race, color creed, national origin, sex or age, and prohibits discrimination in employment or business opportunity.

a. Nondiscrimination – Title VI of the Civil Rights Act. The Contractor agrees to comply and assures the compliance of each third party contractor and each sub recipient at any tier of the Project, with all requirements prohibiting discrimination on the basis of race, color or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sec 2000d et seq., and U.S.

DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Right Act,” 49 C.F.R. Part 21, and any implementing requirements FTA may issue.

b. Equal Employment Opportunity. The Contractor agrees to comply, and assures compliance of each third party contractor and each sub recipient at any tier of the Project, with all requirements of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. Sec 2000e, and 49 U.S.C. Sec. 5332 and any implementing requirements FTA may issue. Thereby, the Contractor and any third party contractors and sub recipients will not discriminate against any employee or applicant for employment because of race, color, creed, sex, disability, age or national origin. Affirmative action will be taken to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, sex, disability age, or national origin. Failure by the Contractor to carry out the terms of the EEO program will be treated a violation of the Contract or Agreement.

c. Disadvantaged Business Enterprise: The Contractor agrees to comply with section 1101(b) of TEA-21, 23 U.S.C. Sec 101 note, and U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, “49 C.F.R. Part 26.

2. The Contractor will not discriminate on the basis of race, color, national origin, or sex in the award and performance of any third party contract, or sub agreement supported with Federal assistance derived from the U.S. DOT or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The Contractor agrees to take all necessary and reasonable steps set forth in 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of all third party contracts and sub agreements supported with Federal assistance derived from the U.S. DOT. The

Recipient’s DEBE program is incorporated by reference and made part of the Grant Agreement or Cooperative Agreement.

3. Nondiscrimination of the Basis of Sex: The Contractor agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. Sec. 1681 et seq., with implementing U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 25, and with any implementing directives that U.S. Dot or FTA may promulgate, which prohibit discrimination on the basis of sex.

4. Nondiscrimination on the Basis of Age: The Contractor agrees to comply with all applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. Sec. 6101 et seq., and implementing regulations which prohibit employment and other discrimination against individuals on the basis of age.

b. Access Requirements for Persons with Disabilities: The Contractor agrees to comply with the requirements of 49 U.S.C. Sec 5301(d), which states the Federal policy that elderly persons and persons with disabilities have the same right as other persons to use mass transportation service and facilities, and that special efforts shall be made in the planning & designing of those services and facilities to implement that policy. We also agree to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. Sec. 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC. Sec 12101 et seq., which requires that accessible facilities and service 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., sec 4252 et seq., which requires that building sand public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the Recipient agrees to comply with all applicable requirements of the following regulations and any subsequent amendments thereto:

U.S. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 C.F.R. Part 37;

U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. Part 27;

Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.

ATBCB)/U.S. DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;

U.S.DOJ regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 C.F.R. Part 35;

U.S.DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. Part 36;

U.S. General Services Administration (U.S.GSA) regulations, “Accommodations for the Physically Handicapped,” 41 C.F.R. Subpart 101-19;

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;

U.S. Federal Communications Commission regulations, :Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,” 47C.F.R. Part 64, Subpart F; and U.S. ATBCB regulations, “Electronic and Information Technology Accessibility Standards,” 36C.F.R. Part 1194; and FTA regulations, “Transportation for Elderly and Handicapped Persons,”49 C.F.R.

Part 609; Any implementing requirements FTA may issue.

c. Drug or Alcohol Abuse – Confidentiality and other Civil Rights Protections. The Contractor agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. Sec. 1174 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. Sections 4581 et seq., and with the Public Health service Act of 1912, as amended, 42 U.S.C. Sections 290dd-3 and 290ee-3, and any subsequent amendments to these acts.

Access to Services for Persons with Limited English Proficiency. The Contractor agrees to comply with Executive Order No. 13166, “improving Access to Services for Persons with Limited English Proficiency,” 42 U.S.C. Sec. 2000d-1 note, and U.S. DOT Notice, “DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries,” 66 Fed.Reg. 6733 et seq., January 22, 2001.

Environmental Justice. The Contractor agrees to comply with the policies of Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,” 42 U.S.C. Sec. 4321 note.

Other Nondiscrimination Statutes. All parties agree to comply with all applicable requirements of any other nondiscrimination statute(s) that may apply to the Project.

d. Incorporation of FTA Terms: All transactions include, in part, certain standard terms and conditions required by DOT, whether or not expressly set forth in the Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1D, as amended, 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 Procuring Agency requests which would cause Procuring Agency to be in violation of the FTA terms and conditions.