Special_Inspections_for_Eastside_Bus_Transfer_Facility.pdf

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

RTSX-260048-DS

SPECIAL INSPECTIONS FOR EASTSIDE BUS TRANSFER FACILITY

RELEASE DATE: June 10, 2026

RESPONSE DEADLINE: July 29, 2026, 3:00 pm

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

Special Inspections for Eastside Bus Transfer Facility

Table Of Contents

1. INTRODUCTION

2. DEFINITION OF TERMS

3. SCOPE OF WORK/SPECIFICATIONS

4. TERMS AND CONDITIONS OF SOLICITATION

5. FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIRED CLAUSES

6. REQUIRED SUBMITTAL DOCUMENTS - FTA

7. AWARD

8. CONTRACT SECTION

9. GENERAL TERMS AND CONDITIONS - ITB (FTA)

Attachments:

A - Draft Contract B - Respondent Verification C - Drug Free Workplace D - Consolidated State Law Affidavit 10-22-25 E - Respondent References F - Certification Regarding Debarment G - Certification and Restrictions on Lobbying H - Disclosure of Lobbying Activities I - Prohibition on Certain Telecommunications...

J - Federal Tax Liability and Recent Felony Conviction K - Contractor Responsibility Certification L - Federally Funded Purchase Questionnaire

1. INTRODUCTION

1.1. Summary

The city is seeking responses from qualified firms to a provide Special Inspections for Eastside Bus Transfer Facility project (currently in the bidding process).

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

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

Release Project Date: June 10, 2026

Question Submission Deadline: June 28, 2026, 11:59pm https://go-rts.com/ https://www.flygainesville.com/ http://gru.com/ https://procurement.opengov.com/portal/cityofgainesville

Response Submission Deadline: July 29, 2026, 3:00pm

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

• Licensed Engineering Firm in Florida

• Minimum 5 years of special inspection experience

• Demonstrated experience with municipal or transit projects

3.2. SCOPE OF WORK

SPECIAL INSPECTIONS - SCOPE OF SERVICES

The Contractor shall include in the Base Bid all labor, materials, equipment, coordination, scheduling, access, and associated costs required to facilitate and support Special Inspections and testing required for the Project.

Special Inspections and testing shall be performed by qualified independent testing and inspection agencies approved by the Authority Having Jurisdiction (AHJ), and in accordance with the applicable requirements of the Florida Building Code Chapter 17, project specifications, approved construction documents, and applicable referenced standards.

Special Inspections are required for the following portions of the Work, including but not limited to:

• Cast-in-Place Concrete

• Concrete Masonry Unit (CMU) Construction

• Structural Steel Framing

• Steel Decking

• Soil Preparation, Earthwork, and Compaction Testing

• Heavy Duty Asphalt Pavement Construction and Testing

The Contractor shall coordinate all required inspections and testing with the Special Inspector and testing agency and shall provide adequate advance notice prior to commencement of applicable work activities.

The Contractor shall provide safe access to the Work and shall not cover, conceal, or proceed with subsequent work affecting areas requiring inspection until required inspections and testing have been completed and accepted.

Costs associated with failed tests, re-testing, re-inspections, corrective work, delays, or additional inspections resulting from nonconforming Work shall be borne by the Contractor at no additional cost to the Owner.

Inspection reports, field testing results, deficiency notices, and final compliance documentation shall be submitted in accordance with project requirements and AHJ procedures.

Firm Requirements

• Licensed Engineering Firm in Florida

• Minimum 5 years of special inspection experience

• Demonstrated experience with municipal or transit projects

Personnel Requirements

• Licensed Professional Engineer (PE) as Special Inspector (per FBC)

• ICC-certified inspectors (structural, soils, concrete)

• ACI-certified technicians (for concrete testing)

Other Requirements

• Ability to provide daily reports and final compliance certification

• Insurance meeting City of Gainesville requirements

• Independence from Contractor (no conflict of interest)

4. TERMS AND CONDITIONS OF SOLICITATION

4.1. DISTRIBUTION OF INFORMATION

Respondents must submit all inquiries regarding this bid via the City Procurement Portal ("eProcurement Portal") at https://procurement.opengov.com/portal/CityofGainesville. Please note the deadline for submitting questions. All answers to questions will be posted in the eProcurement Portal. To receive notifications when answers are posted, respondents should select "Follow" on the bid title. It is the respondent's responsibility to monitor the website for answers to inquiries.

4.2. PRE-SOLICITATION MEETING

Attendance at the pre-solicitation meeting, if held, is strongly recommended as it provides an opportunity to discuss the project's scope of work, procedures, and specifications directly with the Project Manager. This meeting is the only time during the bid process when bidders can ask questions directly.

If special accommodations are required to attend a pre-solicitation meeting or bid opening, please contact the Procurement Representative at least 72 hours in advance.

NOTE: Failure of bidder to attend a mandatory pre-solicitation meeting will result in disqualification of a submitted response.

4.3. PROHIBITION OF LOBBYING

To ensure fair consideration, consistent and accurate dissemination of information for all respondents, the CITY prohibits communication to or with any department, employee, or agent evaluating or considering proposals during the submission process, except as authorized by the Procurement Division representative. Additionally, the CITY prohibits communication initiated by a respondent to any CITY official or employee evaluating or considering the proposals (up to and including the City Commissioners) before the time an award decision has been made. Any communication between proposer and the CITY required to obtain information or clarification for preparing a bid or to enable a proper, accurate evaluation of a proposal will be handled solely through the Procurement Division staff. Any communications initiated between the respondent and the CITY outside these parameters may be grounds for disqualifying the offending respondent from consideration for award of the proposal and/or any future proposal.

Lobbying means 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 the CITY officials and employees, except as authorized by procurement documents.

4.4. CONE OF SILENCE

During the Cone of Silence, except as pursuant to an authorized appeal, no person may lobby on behalf of a competing party in a particular procurement process, no person may lobby CITY officials or employees except the Procurement Division designated staff. Violation of this provision shall result in disqualification of the party on whose behalf the lobbying occurred.

The Cone of Silence is the period between the issue date of the solicitation and the time the CITY Officials and Employees award the contract.

4.5. DETERMINATION OF RESPONSIBLE BIDDER

https://procurement.opengov.com/portal/CityofGainesville

As a part of the proposal evaluation process, the CITY reserves the right to conduct a background investigation of bidder, including a record check by the Gainesville Police Department if the qualifications require it. Bidder’s submission of a proposal constitutes acknowledgment of the process and consent to such investigation.

No contract will be awarded to any respondent who is in arrears to the CITY for any debt, fee, tax, or contract, or who is a defaulter as surety or in any other capacity, upon any obligation to the City. Additionally, any respondent determined to be not responsible by the CITY pursuant to Pro-01 Procurement Administrative Guidelines, C.2.ii., will not be awarded a contract.

Respondent must demonstrate that it is responsible as defined in the City of Gainesville’s Pro-01 Procurement Administrative Guidelines, C.2.ii., as may be amended.

These criteria assess the respondent's capability to perform.

A. The ability of the bidder to successfully carry out a proposed contract.

B. Past performance (including reference check), experience, business and financial capabilities, skills, technical organization, legal eligibility and reliability.

If it is determined that the respondent is not responsible, the CITY may notify respondent of its finding, including evidence used, and allow respondent the opportunity to come into compliance within three (3) business days of notification.

If selected, respondent must either update or complete CITY’s vendor application, pay business tax (if applicable), and register with the State of Florida (if required by law).

4.6. RESPONSIVENESS OF BID

A responsive proposal is one which follows the requirements of the solicitation, includes all required documentation, is submitted in the format outlined in the solicitation, is of timely submission through the eProcurement Portal, and has the appropriate signatures as required on each document. Failure to comply with these requirements may deem the proposal non-responsive (Pro-01 Procurement Administrative Guidelines , C.2.i.)

Each proposal shall be reviewed to determine if the proposal is responsive to the submission requirements outlined in the solicitation.

4.7. EXAMINATION OF SOLICITATION DOCUMENTS - FULLY INFORMED

RESPONDENT

A. Prior to responding to the Solicitation, Respondents are responsible for the following: (1) examining the Solicitation thoroughly, (2) considering federal, state and local laws and regulations that may impact or affect cost, progress, performance or furnishing of the Work, (3) studying and carefully correlating Respondent’s observations with the

Solicitation, and (4) notifying the Procurement Representative of all conflicts, errors or discrepancies in the Solicitation.

B. Respondents are expected to become fully informed as to the requirements of the Specifications and failure to do so will be at their own risk. Respondents cannot expect to secure relief on the plea of error.

C. A Respondent who is aggrieved in connection with the specifications of this Solicitation may protest in writing to City of Gainesville Procurement at least within five (5) work days of the solicitation posting date.

4.8. PROPOSAL SUBMISSION INSTRUCTIONS

The bid response, containing all required documents, with authorized signatures, must be submitted in OpenGov by 3:00 p.m.

on the due date indicated on the Solicitation Cover Page. OpenGov will reject late proposals, and the City will not accept proposals submitted in any other manner that through OpenGov.

Both the response and the price proposal, if required to be submitted as a separate document, must be signed by an officer of the business who is legally authorized to enter into a contractual relationship in the name of the bidder. An authorized representative who is not an officer may sign the proposal, but must attach a corporate resolution granting authorization to the representative to execute on behalf of the business.

The submittal of a response by a respondent will be considered by the City as constituting an offer by the respondent to perform the required services at the stated fees.

4.9. INTERPRETATION AND ADDENDA

All questions about the meaning or intent of this Solicitation are to be directed to the Procurement Representative via the CITY's eProcurement Portal, https://procurement.opengov.com/portal/cityofgainesville, unless stated otherwise. Interpretations or clarifications considered necessary in response to such questions will be issued by Addenda posted on the City’s eProcurement Portal.

Respondents must create an account on the City’s eProcurement Portal to receive notifications. Registered Respondents will be notified of all Addenda posted in the City’s eProcurement Portal.

Only questions answered by formal written Addenda will be binding.

A. Addenda may also be issued to modify the Solicitation as deemed advisable by the Procurement Representative.

B. Addenda issued before the Solicitation due date and time are considered binding and treated as if they were originally written into the Solicitation. It is the responsibility of the Respondents to ensure they have received, signed, and included all addenda(s) with their submittals.

4.10. EXCEPTION TO THE SOLICITATION

Respondents may take exception to any of the terms of this Solicitation unless otherwise stated. Should a respondent take exception where none is permitted, the proposal will be rejected as non-responsive. All exceptions taken must be specific to allow the City a meaningful opportunity to evaluate and rank proposals.

Where exceptions are permitted, the City shall determine the acceptability of the proposed exceptions. The proposals will be evaluated based on the proposals as submitted. The CITY retains the right to accept or reject the exceptions. Where exceptions are rejected, the CITY may request that the respondent furnish the services or goods described herein, or negotiate an acceptable alternative.

4.11. MODIFICATION OR WITHDRAWAL OF A RESPONSE

Modifications to or withdrawal of a respondent’s submittal can be made until the Response Submission Deadline (See Section

1.4 – Deadline). Modifications or withdrawals must be documented in the City eProcurement Portal https://procurement.opengov.com/portal/cityofgainesville prior to the Response Submission Deadline (See Section 1.4 – Deadline) in order to be recognized by the CITY. Any bid not withdrawn will constitute an irrevocable offer, for a period of one https://procurement.opengov.com/portal/cityofgainesville https://procurement.opengov.com/portal/GRU hundred twenty (120) days, to provide the CITY adequate time to award the Contract for the services specified in this solicitation.

4.12. COLLUSION

Only one (1) response from any individual, firm, corporation, organization or agency under the same or different name will be considered as a response to this Solicitation. Multiple responses from any individual, firm, corporation, organization or agency under the same or different name may result in rejection of all responses from the Respondent.

A. Respondent, by signing the Respondent’s Verification Form, declares that the Response is made without any previous understanding, agreement, or connections with any persons, firms, or corporations responding on the same items and that it is in all respects fair and in good faith without any outside control, collusion or fraud. A non-exclusive manufacturer/distributor relationship does not, in and of itself, constitute a prior understanding, agreement, connection or collusion between Responders.

B. By responding to the Solicitation, the Respondent acknowledges that it has not offered or given any gift or compensation to any CITY officer or employee to secure favorable treatment with respect to being awarded this

Contract.

4.13. TRADE SECRETS OR CONFIDENTIAL AND EXEMPT INFORMATION

Florida’s Public Records Law, Chapter 119, Florida Statutes, includes numerous exemptions to the general requirement to disclose information to the public in response to a public record’s request. Exemptions are found in various provisions of the Florida Statutes, including but not limited to Section 119.071, Florida Statutes (General exemptions from inspection or copying of public records), and Section 119.0713, Florida Statutes (Local government agency exemptions from inspection or copying of public records). Section 815.045, Florida Statutes (Trade secret information), provides that trade secret information as defined in Section 812.081, Florida Statutes (Trade secrets; theft, embezzlement; unlawful copying; definitions; penalty) is confidential and exempt from disclosure because it is a felony to disclose such records. The Parties understand and agree that Florida’s Public Records Law is very broad and that documents claimed by a Party to be confidential and exempt from public disclosure pursuant to the Public Records Law may in fact not be deemed such by a court of law. Accordingly, the following provisions shall apply:

A. Identifying Trade Secret or Otherwise Confidential and Exempt Information.

For any records or portions thereof that respondent claims to be Trade Secret or otherwise confidential and exempt from public disclosure under the Public Records Law, respondent shall:

1. Upload a pdf version reply of the complete UNREDACTED proposal. Include “UNREDACTED, CONFIDENTIAL” in document title. This is the version that will be used by the evaluators when they are reviewing your proposal. It is essential that the items that will be redacted are highlighted in yellow to prevent the evaluation team from discussing these items after the award. The first page of the document for the unredacted document should provide a general description of the information respondent has designated as confidential and/or exempt, and provide a reference to the appropriate Florida or Federal statute supporting the confidential and/or exempt classification.

2. The City’s evaluators will be provided with the complete unredacted proposal, including any trade secret or otherwise confidential and exempt information. The City evaluators will maintain the confidentiality of the information through the evaluation process, including any recorded evaluation team meetings.

3. Upload a pdf version reply of the REDACTED copy of the proposal. Include “REDACTED” in the document title. This copy will be used to support any public records requests that may arise from this solicitation.

4. Provide an affidavit or similar type of evidence that describes and supports the basis for Respondent’s claim that the information is confidential and exempt from public disclosure, referencing all applicable Florida Statutes

B. Request for Trade Secret or Otherwise Confidential and Exempt Information.

1. In the event a public record request is made to view the information which respondent claims is confidential and/or exempt, the City will notify the respondent and give the respondent a reasonable opportunity (generally 2 business days) to institute appropriate legal action to prevent the disclosure of the information claimed as confidential and/or exempt.

2. In the event that the City in its sole discretion finds no basis for respondent’s claim that certain information is Trade

Secret or otherwise confidential and exempt under Florida’s Public Records Law, then City shall notify respondent in writing of such conclusion and provide respondent a reasonable amount of time to file for declaratory action requesting a court of law to deem the requested information as Trade Secret or otherwise as confidential and exempt under Florida’s Public Records Law. If respondent fails to file for declaratory action within the reasonable amount of time provided, then City will disclose the information requested.

3. If a public records lawsuit is filed against CITY requesting public disclosure of the information labeled by respondent as Trade Secret or otherwise as confidential and exempt, CITY shall notify respondent and respondent shall intervene in the lawsuit to defend the nondisclosure of such information under Florida’s Public Records Law.

4. Respondent hereby indemnifies and holds CITY, its officers and employees harmless from any and all liabilities, damages, losses, and costs of any kind and nature, including but not limited to attorney’s fees, that arise from or are in any way connected with respondent’s claim that any information it provided to CITY is Trade Secret or otherwise confidential and exempt from public disclosure under Florida’s Public Records Law.

C. How to Designate Trade Secret or Otherwise Confidential and Exempt Information

If a respondent believes that its reply contains Trade Secret or otherwise confidential and exempt information (as defined by Florida or Federal law) and should be withheld from disclosure to the public, in such cases the respondent must provide a redacted copy of the proposal for public access.

D. How the City will Handle Material Identified as Trade Secret or Otherwise Confidential and Exempt Information

All public records submitted to the City, including those claimed as confidential and/or exempt, will be retained by the City and will not be returned to a respondent at the conclusion of the bidding process.

4.14. PROTEST OF SOLICITATION SPECIFICATIONS AND/OR AWARD

Participants may protest the Specifications of the solicitation in accordance with Section C.5.i. of the Pro-01 Procurement Administrative Guidelines https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

Participants may protest the Solicitation Award in accordance with Section C.5.i. of the Pro-01 Procurement Administrative Guidelines

4.15. SOLICITATION POSTPONEMENT/CANCELLATION/WAIVER OF

IRREGULARITIES

The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, proposals; re-advertise this solicitation;

postpone or cancel, at any time, this solicitation process; or waive any irregularities in this solicitation or in the proposals received as a result of this solicitation.

https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

5. FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIRED CLAUSES

5.1. 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.

5.2. 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.

5.3. 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.

5.4. 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.

5.5. 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.

5.6. 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.

5.7. 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.

5.8. 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).

5.9. 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).

5.10. 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.

5.11. 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.

5.12. 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.

5.13. 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:

5.14. 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…