Redondo Beach City Council
October 15, 2024

REQUIRED FORMS CHECKLIST
The following forms must be completed, properly executed, and included in each Proposal in order for that Proposal to be valid. Missing, incomplete or unexecuted forms may render a Proposal noncompliant and cause that Proposal to be rejected for cause.

The forms appearing here will also be provided in PDF Writable Format, Microsoft Word or Excel and are posted electronically through the City’s procurement portal hosted by OpenGov on the City’s website at https://procurement.opengov.com\portal\redondo .

A. Proposal Questionnaire
B. Proposal Checklist
C. Addenda Acknowledgement
D. References
E. Proposed DBE Participation
F. Non-Collusion Affidavit for Contractor
G. Certification of Primary Participant Regarding Debarment, Suspension, And Other Responsibility Matters
H. Certification of Restrictions on Lobbying
I. Comptroller General’s List of Ineligible Contractors J. Prompt Payment Affidavit
K. DBE Participation Schedule
L. DBE Utilization Form
M. FTA Contract Clauses Certification
Exhibit C Cost Proposal (Excel file)
FORM A

PROPOSAL QUESTIONNAIRE
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
-------------------------------------------------------------------------------------------------------------------- Proposal to provide operation and maintenance of Beach Cities Transit FixedRoute and Dial-A-Ride Services ---------------------------------------------------------------------------------------------------------------------

1. Name of Organization:

2. Organization is a: (check one)
Corporation Partnership Association Sole Proprietorship

3. Organization is a Disadvantaged Business Enterprise (DBE) (Complete and submit the Proposed Disadvantaged Business Enterprise (DBE) Participation form, if applicable):

Yes or No

4. Organization’s Principal Address and Telephone Number:

5. Organization’s Authorized Representative:

Name:

Title:

Telephone Number:

6. How many years has your business been established? _________________ How many years has your business been under your present name? ______ How many years under former names? (List name and number of years) ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________

7. How many years has your business been providing passenger transportation services? _________

8. What other types of services does your business provide? _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

9. Do you have any affiliated companies? (If parent company, list subsidiaries and divisions. If subsidiary or division, name parent company, its principals and their addresses):
_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

10. Have there been any contract terminations for the services your firm performs before the fulfillment of the contract within the past five years? Yes or No
If Yes, list the date, client, and reason for termination below:
_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

11. Is Proposer aware of any real, potential, or perceived conflict of interest which would or could result should a contract be awarded to their firm? Yes or No
If Yes, please explain:
_____________________________________________________________ _____________________________________________________________ _____________________________________________________________ Proposal Questionnaire – Page 2
Name of Company
Address City State Zip Code
By (Signature) Print Name
Title
Proposal Questionnaire – Page 3

12. Organization’s Credit References: (Name, Address, Telephone Number, and Contact Person) Provide at least three.
a. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ b. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ c. _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

13. City of Redondo Beach Business License Number: ______________________ (If not current license holder, Business License will be required before initiation of services.)

14. Provide organization chart for your overall organization and as proposed for this project. For this project, indicate position titles and full-time equivalent personnel proposed in each position. "Full time equivalent" is 2,000 annual labor hours. Is your organization chart attached? Yes or No
Telephone Number Date
The undersigned, being cognizant of the pages, documents, and attachments contained herein, agrees to provide the City of Redondo Beach with the services described in the Request for Proposals. All cost proposals are certified to be firm for a period of 120 days from the deadline for proposal submission, November 22, 2024.

Respectfully submitted,
FORM B

PROPOSAL CHECKLIST
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
Proposer's Name: ________________________________________ Proposals shall be submitted to the City’s procurement portal hosted by OpenGov on the City’s website at https://procurement.opengov.com\portal\redondo
Proposers are requested to submit this Checklist and to verify that the following information is included in their proposals. If documentation provided is incomplete, the Proposer may be considered non-responsive and ineligible for aware of a Contract.

1. Cover Letter
- Including company name, address, contact name, phone and fax numbers, and email address for authorized company representative

2. Form A Proposal Questionnaire

3. Form B Proposal Checklist

4. Exhibit C Cost Proposal (5 Pages)

5. Required Forms and Certifications
Form C Addenda Acknowledgment
Form D References
Form E Proposed DBE Participation
Form F Non-Collusion Affidavit for Contractor
Form G Certification of Primary Participant Regarding Debarment, Suspension, and Other Responsibility Matters
Form H Certification of Restrictions on Lobbying
Form I Comptroller General's List of Ineligible Contractors Form J Prompt Payment Affidavit
Form K DBE Participation Schedule
Form L DBE Utilization Form
Form M FTA Contract Clause Certification

6. Financial Statements/Reviews for the last two available years. If statements are to be treated as Confidential, provide in a separate envelope.

7. Proposal Narrative addressing, at a minimum, the following areas:

Proposer's Experience Related to Beach Cities Transit
Organizational description
Staffing Plan, including salary benefits, resumes
Accounting and Reporting systems
Insurance
Operations
Vehicle Maintenance and Servicing
Safety Program
Screening and Selection Program
Training Program
Transition Plan/Time Schedule
FORM C

ADDENDA ACKNOWLEDGEMENT
The following form shall be completed and included in the proposal package.

Failure to acknowledge receipt of all addenda may cause the proposal to be considered nonresponsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the offer.

CONTRACTOR hereby acknowledges that it has received and read the following Addenda:
___________________________________________________
___________________________________________________
Name and Title of the Proposer's Authorized Official
Company Name
Date
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
Addendum # ______________ Signature ______________________________ Addendum # ______________ Signature ______________________________ Addendum # ______________ Signature ______________________________ Addendum # ______________ Signature ______________________________ Addendum # ______________ Signature ______________________________ ___________________________________
Contractor Name
___________________________________________________
Signature of the Proposer's Authorized Official
___________________________________________________
FORM D

REFERENCES
City of Redondo Beach
Beach Cities Transit Proposal #2024-0003
Proposer's Name: _____________________________________
Proposer by its signature below, certifies the following references for Operations and Maintenance Services over the last seven (7) years (use additional pages as necessary, a minimum of four (4) references are required)
REFERENCE 1
Agency/Company Name: ____________________________________________________ Address: _________________________________________________________________ Contact Person: ___________________________________________________________ Email Address: ____________________________________________________________ Phone Number: ___________________________________________________________ Length of Contract: _________ Years
Number of Vehicles Operated: _____________
Description of Services Provided (provide details vehicles, fuel system, and charge management):
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ___________________________________________________________________________ REFERENCE 2
Agency/Company Name: ____________________________________________________ Address: _________________________________________________________________ Contact Person: ___________________________________________________________ Email Address: ____________________________________________________________ Phone Number: ___________________________________________________________ Length of Contract: _________ Years
Number of Vehicles Operated: _____________
Description of Services Provided (provide details vehicles, fuel system, and charge management):
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ___________________________________________________________________________ REFERENCE 3
Agency/Company Name: ____________________________________________________ Address: _________________________________________________________________ Contact Person: ___________________________________________________________ Email Address: ____________________________________________________________ Phone Number: ___________________________________________________________ Length of Contract: _________ Years
Number of Vehicles Operated: _____________
Description of Services Provided (provide details vehicles, fuel system, and charge management):

REFERENCE 4
Agency/Company Name: ____________________________________________________ Address: _________________________________________________________________ Contact Person: ___________________________________________________________ Email Address: ____________________________________________________________ Phone Number: ___________________________________________________________ Length of Contract: _________ Years
Number of Vehicles Operated: _____________
Description of Services Provided (provide details vehicles, fuel system, and charge management):
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ The bidder is or intends to utilize the following DBE contractors on this project. Signature of participating DBE is confirmation of willingness to participate on this project.

COMPANY 1
Address: ______________________________________________ City, State, Zip Code: ____________________________________ Phone Number _________________________________________
Fax Number Contact: _____________________________________ Name Contact Email: _____________________________________ DBE Certifying Agency: ___________________________________ Type of work to be performed:
________________________________________________________________________ ________________________________________________________________________ Annual Dollar Value: _____________________ ___________________________________ COMPANY 2
Address: ______________________________________________ City, State, Zip Code: ____________________________________ Phone Number _________________________________________
Fax Number Contact: _____________________________________ Name Contact Email: _____________________________________ DBE Certifying Agency: ___________________________________ Type of work to be performed:
________________________________________________________________________ ________________________________________________________________________ Annual Dollar Value: ____________________ ___________________________________ FORM E

PROPOSED DISADVANTAGED BUSINESS ENTERPRISE (DBE)

PARTICIPATION (OPTIONAL)
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
Signature of Participating DBE
Signature of Participating DBE

2. That he/she/they is fully informed regarding the preparation and contents of this proposal for certain work in the City of Redondo Beach, State of California.

3. That his/her/they proposal is genuine, and is not collusive or a sham proposal.

4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other CONTRACTOR, firm, or person to submit a collusive or sham proposal in connection with such contract, or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other CONTRACTOR, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against City, or any person interested in the proposed contract; and,

5. That the price or prices quoted in the proposal are fair and proper, and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the CONTRACTOR, or any of its agents, owners, representatives, employees, or parties in interest, including this affiliate.

I certify (or declare) under penalty of perjury, that the foregoing is true and correct.

Dated this ______ day of ________, 2024, at___________________, California.

Signed: ____________________________
Title: ____________________________

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
_____________________________________________________ declares and says:

1. That he/she/they is the (owner, partner, representative, or agent) of _______________________________________________, hereinafter referred to as (CONTRACTOR) or (subcontractor).

FORM F

NON-COLLUSION AFFIDAVIT FOR CONTRACTOR
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
FORM G

CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT,

SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
The Primary Participant ___________________________(Name of CONTRACTOR) certified to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
b. Have not, within a three year period preceding this proposal, been convicted, or had a civil judgment rendered against them for commission of fraud, or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false Statements, or receiving stolen property;
c. Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
d. Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for default.

If the primary participant is unable to certify to any of the Statements in this certification, the participant shall attach an explanation to this certification.

THE PRIMARY PARTICIPANT, __________________________ (NAME OF CONTRACTOR)

CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE

STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 USC SECTIONS 3801 ET SEQUA ARE APPLICABLE THERETO. ______________________________ ______________________________ Signature of Authorized Official Title
The undersigned chief legal counsel (or corporate secretary) for the ____________________ hereby certifies that the______________________ has authority under State and local law to comply with the subject assurances and that the certification above has been legally made.

Signature of Attorney/Secretary
______________________________
Date
______________________________
FORM H

CERTIFICATIONS OF LOBBYING RESTRICTIONS
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form‐LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub‐awards at all tiers (including subcontracts, sub‐ grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure.
_______________________________________________
Signature of Contractor's Authorized Official
______________________________________________
Name and Title of Contractor's Authorized Official
_________________________
Date
Submit this form with the BID, failure to do so is grounds for disqualification.

The Bidder certifies that it is NOT on the U.S. Comptroller General's list of ineligible firms for federally financed and assisted construction, materials, equipment contracts or services.

Bidder’s Company Name: _____________________________________________ Legal Structure (corp./partner/proprietor): _________________________________ Principal Office Address: ______________________________________________ City, ST, Zip Code: ___________________________________________________ Phone Number: _____________________________________________________ Fax Number: _______________________________________________________ Email: _____________________________________________________________ Federal Employer Identification Number: ________________________ Title of Person Authorized to Sign: _____________________________ Print Name of Person Authorized to Sign: _________________________ __________________________________________
Authorized Signature
__________________________
Date
FORM I

COMPTROLLER GENERAL'S LIST OF INELIGIBLE

CONTRACTORS (REQUIRED)
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
FORM J

PROMPT PAYMENT AFFIDAVIT
City of Redondo Beach
Beach Cities Transit #2425-003
Contractor will place a check in the appropriate box below that applies to this payment request.

Re: Payment Request No._______
I, __________________________ (Name), the __________________________ (Title - e.g. President, Vice President, etc.) of ____________________________ ("Company"), do state the following with regard to payments made under Contract No. ________ _________________________ ("Contract"):

1. Subcontractors, at the first tier, both DBE and non-DBE, who completed work and were listed for payment on the prior Payment Request No.______, were paid no later than thirty (30) business days after Contractor received payment from City.

2. Copies of invoices and cancelled checks for subcontractors at the first tier who were paid under the prior payment request have been delivered or mailed to the City. In addition, Contractor has attached to the current Payment Request all lien waivers for prior subcontractor payments and any other documentation required by City. (Failure to attach all required documentation to the Payment Request or forward cancelled checks and invoices to the City may cause the Payment Request to be rejected by City.)

3. All retainage amounts withheld from any subcontractor who satisfactorily completed its portion of the contract work, including punch list items, were paid to the subcontractor(s) no later than thirty (30) business days after it satisfactorily completed its work, whether or not City has paid said retainage amounts to Contractor. Attach a copy of the cancelled check evidencing payment of each retainage amount.

4. There was no delay in or postponement of any payment owed to a subcontractor, whether periodic payment or retainage amount, except for good cause and after receipt of prior written approval from the City.

5. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor’s receipt of payment for that work from the City. In addition, the Contractor is required to return any retainage payments to those subcontractors after the subcontractor's work related to this contract is satisfactorily completed and within 30 days of Contractor’s receipt of the partial retainage payment related to the subcontractor’s work. Attach a copy of the written approval from the City.
___________________________
Print Name
Subscribed and sworn to before me this ____________ day of ____________ 2024. ___________________________
Company Name
___________________________
Signature
___________________________
Date
FORM K

DBE PARTICIPATION SCHEDULE
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
The Contractor shall complete the following information for all DBE’s participating in the contract that comprises the DBE Utilization percent stated in the DBE Utilization Form.

The Contractor shall also furnish the name and telephone number of the appropriate contact person should the Authority have any questions in relation to the information furnished herein.

DBE IDENTIFICATION AND INFORMATION FORM
Name:

Address:

Contact Name & Telephone Number:

Participation Percent (of Total Contract):

Description of Work to be Performed:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Name:

Address:

Contact Name & Telephone Number:

Participation Percent (of Total Contract):

Description of Work to be Performed:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Name:

Address:

Contact Name & Telephone Number:

Participation Percent (of Total Contract):

Description of Work to be Performed:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Name:

Address:

Contact Name & Telephone Number:

Participation Percent (of Total Contract):

Description of Work to be Performed:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Name:

Address:

Contact Name & Telephone Number:

Participation Percent (of Total Contract):

Description of Work to be Performed:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ FORM L

DBE UTILIZATION FORM
City of Redondo Beach
Beach Cities Transit Proposal #2425-003
The undersigned Contractor has satisfied the requirements of the solicitation in the following manner (please check the appropriate space):

The Contractor is committed to a minimum of____% DBE utilization on this contract.

Date: _________________________________________________ Signature: ______________________________________________ Company Name: _________________________________________ Title: __________________________________________________

City of Redondo Beach
RFP #2425-003 for Operation and Maintenance of
Beach Cities Transit Page 1
FORM M

FTA REQUIRED CONTRACT CLAUSE CERTIFICATION
The Contractor certifies that the materials/supplies offered in this procurement comply with all Federal Transit Administration Required Model Contract Clauses listed below:
 1. No Government Obligation to Third Parties (by Use of a Disclaimer)  2. False or Fraudulent Statements or Claims – Civil and Criminal Fraud  3. Access to Third Party Contract Records
 4. Changes to Federal Requirements

5. Equal Employment Opportunity

6. Termination

7. Disadvantaged Business Enterprises (DBE)

8. Incorporation of Federal Transit Administration Terms

9. Debarment and Suspension (Non procurement)

10. Resolution of Disputes, Breaches, and Other Litigation

11. Lobbying

12. Clean Air

13. Clean Water

14. Fly America

15. Notice to FTA and US DOT Inspector General of Information Related to Fraud, Waste, etc.

16. Employee Protections

17. Transit Employee Protection Arrangements

18. Charter Bus Operations

19. School Bus Operations

20. Drug Use and Testing

21. Alcohol Misuse and Testing

22. Energy Conservation

23. Recycled Products

24. Seat Belt Use

25. Distracted Driving

26. ADA Access

27. Prohibition on Certain Telecommunications Equipment Signature: _______________________________
Title: ___________________________________
Company Name: __________________________ Date: _______________________ City of Redondo Beach
RFP #2425-003 for Operation and Maintenance of
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FEDERAL CONTRACT CLAUSES
[Clause language is based on FTA Report No. 0105, FTA
Best Practices Procurement and Lessons Learned Manual, October 2016, and FY24 CORETAP (FTA Contractor's Manual Triennial Reviews)]

1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES.

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

2. 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 Agreement, 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 Agreement 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 City of Redondo Beach
RFP #2425-003 for Operation and Maintenance of
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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.

3. ACCESS TO THIRD PARTY CONTRACT RECORDS
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-agreements, leases, subcontracts, arrangements, other thirdparty agreements 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 related to performance of this contract as reasonably may be required. 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 as reasonably may be required.

4. CHANGES TO FEDERAL REQUIREMENTS
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 City and FTA, as City of Redondo Beach
RFP #2425-003 for Operation and Maintenance of
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they may be amended or promulgated from time to time during the term of this Agreement. Contractor's failure to so comply shall constitute a material breach of this Agreement.

5. EQUAL EMPLOYMENT OPPORTUNITY
The City is an Equal Opportunity Employer. As such, the City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the 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 Agreement, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. 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.

2. 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 City of Redondo Beach
RFP #2425-003 for Operation and Maintenance of
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FTA may issue.

3. 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.

4. 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.

6. TERMINATION
Termination. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement.
(a) Justification. After providing written notice to the Recipient, the Recipient agrees that the Federal Government may suspend, suspend then terminate, or terminate all or any part of the federal assistance for the Award if:
(1) The Recipient has failed to make reasonable progress implementing the Award; (2) The Federal Government determines that continuing to provide federal assistance to support the Award does not adequately serve the purposes of the law authorizing the Award; or
(3) The Recipient has violated the terms of the Underlying Agreement, especially if that violation would endanger substantial performance of the Underlying Agreement. (b) Financial Implications. In general, termination of federal assistance for the Award will City of Redondo Beach
RFP #2425-003 for Operation and Maintenance of
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not invalidate obligations properly incurred before the termination date to the extent that those obligations cannot be canceled. The Federal Government may recover the federal assistance it has provided for the Award, including the federal assistance for obligations properly incurred before the termination date, if it determines that the Recipient has misused its federal assistance by failing to make adequate progress, failing to make appropriate use of the Project property, or failing to comply with the Underlying Agreement, and require the Recipient to refund the entire amount or a lesser amount, as the Federal Government may determine including obligations properly incurred before the termination date.
(c) Expiration of the Period of Performance. Except for a Full Funding Grant Agreement, expiration of any period of performance established for the Award does not, by itself, constitute an expiration or termination of the Award; FTA may extend the period of performance to assure that each Formula Project or related activities and each Project or related activities funded with “no year” funds can receive FTA assistance to the extent FTA deems appropriate.
(d) Uniform Administrative Requirements. These termination rights are in addition to and in no way limit the Federal Government’s rights to terminate described in 2 CFR § 200.340.

7. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. 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 Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate, which may include, but is not limited to:

1. Withholding monthly progress payments;

2. Assessing sanctions;

3. Liquidated damages; and/or

4. Disqualifying the Contractor from future bidding as nonresponsible. 49

5. C.F.R. § 26.13(b).

Finally, for contracts with defined DBE contract goals, each FTA recipient must include in each prime contract a provision stating that the Contractor shall utilize the specific DBEs listed unless the Contractor obtains the City’s written consent; and that, unless the City’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 City of Redondo Beach
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DBE. 49 C.F.R. § 26.53(f) (1).

1. Overview. It is the policy of the City 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. It is also the policy of the City to:
a. Ensure nondiscrimination in the award and administration of DOT-assisted contracts;
b. Create a level playing field on which DBE’s can compete fairly for DOT- assisted contracts;
c. Ensure that the DBE program is narrowly tailored in
accordance with applicable law;
d. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE’s; e. Help remove barriers to the participation of DBEs in DOT assisted contracts;
f. To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and
g. Assist in the development of firms that can compete
successfully in the marketplace outside the DBE program.

This Agreement is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Agreement. The City shall make all determinations with regard to whether or not a Contractor is in compliance with the requirements stated herein. In assessing compliance, the City consider during its review of the Contractor’s submission package, the Contractor’s documented history of noncompliance with DBE requirements on previous contracts with the City.

2. Contract Assurance. The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. 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 Agreement, which may result in the termination of this Agreement or such other remedy as the City deems appropriate.

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3. DBE Participation. For the purpose of this Agreement, the City will accept only DBE’s who are:
a. Certified, at the time of bid opening or proposal evaluation, by the Los Angeles Metropolitan Transportation Authority, City of Los Angeles, or the California Unified Certification Program (CUCP); or b. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or
c. Certified by another agency approved by the City.

4. DBE Participation Goal
The City of Redondo Beach DBE participation Overall Goal is 21% and the contract goal is 0%. This goal represents those elements of work for FTAassisted contracting opportunities by the City performed by qualified Disadvantaged Business Enterprises.

Although the City has not established a contract-specific Disadvantaged Business Enterprise (DBE) goal for this FTA federally funded project, bidders are encouraged to take all reasonable steps to obtain DBE participation and ensure that DBEs can fairly compete for and perform on the City’s federally funded contracts and subcontracts as set forth in Part 26, Title 49 CFR.

5. Proposed Submission
Each Contractor, as part of its submission, shall supply the following information:
a. A completed DBE Utilization Form as provided in Exhibit “A” that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises under this Agreement.
b. A list of those qualified DBE’s with whom the Contractor intends to contract for the performance of portions of the work under this Agreement, the agreed price to be paid to each DBE for work, the Contract items or parts to be performed by each DBE, a proposed timetable for the performance or delivery of the Contract item, and other information as required by the DBE Participation Schedule. No work shall be included in the Schedule that the Contractor has reason to believe the listed DBE will subcontract, at any tier, to other than another DBE. If awarded the Contract, the Contractor may not deviate from the DBE Participation Schedule submitted in response to the bid. Any subsequent changes and/or substitutions of DBE firms will require review and written approval City of Redondo Beach
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by the City.
c. An original DBE Letter of Intent from each DBE listed in the DBE Participation Schedule as provided in Exhibit “A”.
d. An original DBE Affidavit from each DBE stating that there has not been any change in its status since the date of its last certification.

6. Good Faith Efforts
If the Contractor is unable to meet the goal set forth in the DBE Participation Goal, the City will consider the Contractor’s documented good faith efforts to meet the goal in determining responsiveness. The types of actions that the City will consider as part of the Contractor’s good faith efforts include, but are not limited to, the following: Documented communication with the City’s DBE Coordinator (questions of IFB or RFP requirements, subcontracting opportunities, appropriate certification, will be addressed in a timely fashion); a. Pre-bid meeting attendance. At the pre-bid meeting, the City generally informs potential contractors of DBE subcontracting opportunities;
b. The Contractor’s own solicitations to obtain DBE involvement in general circulation media, trade association publication, minorityfocus media and other reasonable and available means within sufficient time to allow DBEs to respond to the solicitation; c. Written notification to DBE’s encouraging participation in the proposed Agreement; and
d. Efforts made to identify specific portions of the work that might be performed by DBE’s.

The Contractor shall provide the following details, at a minimum, of the specific efforts it made to negotiate in good faith with DBE’s for elements of the Agreement:
a. The names, addresses, and telephone numbers of DBE’s that were contacted;
b. A description of the information provided to targeted DBE’s regarding the specifications and bid proposals for portions of the work; c. Efforts made to assist DBE’s contacted in obtaining bonding or insurance required by the City.

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Further, the documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted when a non-DBE subcontractor was selected over a DBE for work on the Agreement. 49 C.F.R. § 26.53(b) (2) (VI). In determining whether a Contractor has made good faith efforts, the City may take into account the performance of other Contractors in meeting the Contract goals. For example, if the apparent successful Contractor failed to meet the goal, but meets or exceeds the average DBE participation obtained by other Contractors, the City may view this as evidence of the Contractor having made good faith efforts.

7. Administrative Reconsideration
Within five (5) business days of being informed by the City that it is not responsive or responsible because it has not documented sufficient good faith efforts, the Contractor may request administrative reconsideration. The Contractor should make this request in writing to the City. The City will forward the Contractor’s request to a reconsideration official who will not have played any role in the original determination that the Contractor did not document sufficient good faith efforts.

As part of this reconsideration, the Contractor will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The Contractor will have the opportunity to meet in person with the assigned reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The City will send the Contractor a written decision on its reconsideration, explaining the basis for finding that the Contractor did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation.

8. Termination of DBE Subcontractor
The Contractor shall not terminate the DBE subcontractor(s) listed in the DBE Participation Schedule without the City’s prior written consent. The City may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination.

When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find City of Redondo Beach
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another DBE subcontractor to substitute for the original DBE and immediately notify the City in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with subsection 10 below (Sanctions for Violations).

9. Continued Compliance
The City shall monitor the Contractor’s DBE compliance during the life of this Agreement. In the event this procurement exceeds ninety (90) days, it will be the responsibility of the Contractor to submit quarterly written reports to the City that summarize the total DBE value for this Agreement. These reports shall provide the following details:
a. DBE utilization established for the Agreement;
b. Total value of expenditures with DBE firms for the quarter; c. The value of expenditures with each DBE firm for the quarter by race and gender;
d. Total value of expenditures with DBE firms from inception of this Agreement; and
e. The value of expenditures with each DBE firm from the inception of the Agreement by race and gender.

Reports and other correspondence must be submitted to the DBE Coordinator with copies provided to the City. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is completed.

The successful Contractor shall permit:
a. The City to have access to necessary records to examine information as the City deems appropriate for the purpose of investigating and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contract between the Contractor and other DBE parties entered into during the life of this Agreement. b. The authorized representative(s) of the City, the U.S. Department of Transportation, the Comptroller General of the United States, to inspect and audit all data and record of the Contractor relating to its performance under the Disadvantaged Business Enterprise Participation provision of this Agreement.
c. All data/record(s) pertaining to DBE shall be maintained as provided in Section 14 of this Agreement.

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10. Sanctions for Violations
If at any time the City has reason to believe that the Contractor is in violation of its obligations under this Agreement or has otherwise failed to comply with terms of this Section, the City may, in addition to pursuing any other available legal remedy, commence proceedings, which may include but are not limited to, the following:
a. Suspension of any payment or part due the Contractor until such time as the issues concerning the Contractor’s compliance are resolved; and b. Termination or cancellation of this Agreement, in whole or in part, unless the successful Contractor is able to demonstrate within a reasonable time that it is in compliance with the DBE terms stated herein. c.

8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests by the City which would cause the City to be in violation of the FTA terms and conditions.

9. DEBARMENT AND SUSPENSION (NON PROCUREMENT)
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Non-procurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement),” 2 C.F.R. part 180.

These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded Agreement and are not presently declared by any Federal department or agency to be:
a. Debarred from participation in any federally assisted Award; b. Suspended from participation in any federally assisted Award; c. Proposed for debarment from participation in any federally assisted City of Redondo Beach
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Award;
d. Declared ineligible to participate in any federally assisted Award; e. Voluntarily excluded from participation in any federally assisted Award; or
f. Disqualified from participation in ay federally assisted Award.

By signing and submitting its bid or proposal, the Contractor certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City. If it is later determined by the City that the Contractor knowingly rendered an erroneous certification, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any agreement that may arise from this offer. The Contractor or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. RESOLUTION OF DISPUTES, BREACHES, AND OTHER LITIGATION The City and the Contractor shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Contractor shall submit to the City Representative for this Contract or designee a written demand for a decision regarding the disposition of any dispute arising under this Contract. The City Representative shall make a written decision regarding the dispute and will provide it to the Contractor. The Contractor shall have the opportunity to challenge in writing within ten (10) working days to City’s Executive Director or his/her designee. If the Contractor’s challenge is not made within the ten (10) day period, the City Representative’s decision shall become the final decision of the City. The City and the Contractor shall submit written, factual information and supporting data in support of their respective positions. The decision of the City shall be final, conclusive, and binding regarding the dispute, unless the Contractor commences an action in court of competent jurisdiction to contest the decision in accordance with Division 3.6 of the California Government Code.

11. LOBBYING
The Contractor certifies, to the best of his or her knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress City of Redondo Beach
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in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
c. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

12. CLEAN AIR ACT
The Contractor agrees:
a. It will not use any violating facilities;
b. It will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;”
c. It will report violations of use of prohibited facilities to FTA; and d. It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387).

13. CLEAN WATER
A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, City of Redondo Beach
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report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

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

14. FLY AMERICA
a. Definitions. As used in this clause:
“International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.
“United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C.

Chapter 411.
b. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
c. If available, the Contractor, in performing work under this Agreement, shall use U.S.- flag carriers for international air transportation of personnel (and their personal effects) or property.
d. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property City of Redondo Beach
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by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
(End of statement)
e. The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this Agreement that may involve international air transportation.

15. NOTICE TO FTA AND US DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ETC.

A. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. Section 3801 et seq. and US Department of Transportation regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Project. Upon execution of an 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, and pertaining to the underlying contract or the federally assisted Project for which this contracted 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 in the Contractor to the extent the Federal Government deems appropriate.

B. 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 the FTA under the authority of 49 U.S.C. Section 5307, the Government reserves the right to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

C. The Contractor agrees to include the above two clauses in each subagreement financed in whole or in part with Federal Assistance provided by the California Department of Transportation. It is further agreed that these clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions City of Redondo Beach
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16. EMPLOYEE PROTECTIONS
The Contractor agrees to comply with applicable transit employee protective requirements, as follows:

A. The Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Contact and to meet the employee protective requirements of 49 U.S.C. 5333(b), and U.S.DOL guidelines at 29 CFR Part 215, and any amendments there to.

B. The Contractor also agrees to include the applicable requirements in each subagreement involving transit operations financed in whole or in part with federal assistance provided by the FTA.

17. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS
a. Contract Work Hours and Safety Standards
For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701- 3708), as supplemented by the DOL regulations at 29 C.F.R. part 5. Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence.

In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in City of Redondo Beach
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excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.

The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section.

The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement.
b. Contract Work Hours and Safety Standards for Awards Not Involving Construction The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5.

The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of four (4) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job.

The Contractor shall require the inclusion of the language of this clause City of Redondo Beach
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within subcontracts of all tiers.

18. CHARTER BUS OPERATIONS
Contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:
a. Federal transit laws, specifically 49 U.S.C. § 5323(d); b. FTA regulations, “Charter Service,” 49 C.F.R. part 604; c. Any other federal Charter Service regulations; or
d. Federal guidance, except as FTA determines otherwise in writing.

Contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:
a. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA
b. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or
c. Any other appropriate remedy that may apply.

Contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.

19. SCHOOL BUS OPERATIONS
Contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under:

1. Federal transit laws, specifically 49 U.S.C. § 5323(f);

2. FTA regulations, “School Bus Operations,” 49 C.F.R. part 605;

3. Any other Federal School Bus regulations; or

4. Federal guidance, except as FTA determines otherwise in writing.

If Contractor violates this School Bus Agreement, FTA may:

1. Bar the Contractor from receiving Federal assistance for public transportation; or
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2. Require the contractor to take such remedial measures as FTA considers appropriate.

When operating exclusive school bus service under an allowable exemption, the Contractor may not use federally funded equipment, vehicles, or facilities.

The Contractor should include the substance of this clause in each subcontract or purchase under this Agreement that may operate public transportation services.

20. DRUG USE AND TESTING
The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. parts 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or City, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with parts 655 before January 31st for the previous calendar year and to submit the Management Information System (MIS) reports to the Transit Manager by January 31st. To certify compliance, the Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.

21. ALCOHOL MISUSE AND TESTING

1. Requirements. The Recipient agrees to comply and assures that its Third Party Participants will comply with:
i. Federal transit laws, specifically 49 U.S.C. § 5331; ii. FTA regulations, “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations,” 49 CFR Part 655; and
iii. Applicable provisions of U.S. DOT regulations, “Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” 49 CFR Part 40.

2. Remedies for Non-Compliance. The Recipient agrees that if FTA determines that the Recipient or a Third Party Participant receiving federal assistance under 49 U.S.C. chapter 53 is not in compliance with 49 CFR Part 655, the City of Redondo Beach
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Federal Transit Administrator may bar that Recipient or Third Party Participant from receiving all or a portion of the federal transit assistance for public transportation it would otherwise receive.

22. ENERGY CONSERVATION
Energy Conservation - 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.

23. RECYCLED PRODUCTS
Recovered Materials - The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.

24. 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.

25. 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 agreement.

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26. ADA ACCESS
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.

27. PROHIBITION ON CERTAIN TELECOMMUNICATIONS EQUIPMENT (a) Recipients and sub recipients are prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
ii. Telecommunications or video surveillance services provided by such entities or using such equipment.
iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

City of Redondo Beach
RFP #2425-003 for Operation and Maintenance of
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(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
(c) See Public Law 115-232, section 889 for additional information. (d) See also § 200.471.