INVITATION TO BID - City of Gadsden

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INVITATION TO BID Security Patrol Services Bid Number 3400 March 28, 2019 City of Gadsden, Alabama Purchasing Department

“City of Champions”

The City of Gadsden, Alabama is soliciting sealed bids for the above project (purpose) as described in the attached Special Terms and Conditions and Bid Specifications. Copies of the Bid Request are available on the City of Gadsden, Alabama website:

www.cityofgadsden.com → How Do I? → Check Bid Openings or www.cityofgadsden.com → City Services → Purchasing Department →Bid Postings

Bids for this purpose will be received by the City of Gadsden, Alabama City Clerk’s Office until:

2:00 p.m. Central Standard Time (CST) on Tuesday, April 16, 2019

All bids must be directed to the following location: City Clerk’s Office

Attention: Iva Nelson, City Clerk 4th Floor, Room 401

90 Broad Street (City Hall) P.O. Box 267

Gadsden, Alabama 35902

Mark the outside of your mailing envelope indicating Bid Number 3400, name of project and opening date.

Bids will be opened on the Fourth Floor, Room 411, City Hall, 90 Broad Street, Gadsden, Alabama at the above stated time and date. Bids received after the deadline will not be considered. They will be noted as non-responsive and returned to the proposer unopened. The sealed bid number, bid name and bid opening date must appear on the outside of the bid envelope. Prospective bidders are instructed to read the General Terms and Conditions, Special Terms and Conditions and Bid Specifications very carefully. Bids must be made in compliance with the guidelines in the sections referred to and signed in full. By responding to this Bid Request, Proposer has read and understands all documents.

Questions concerning terms of the bid, please contact the following:

Mechiel Underwood, Purchasing Agent City of Gadsden Purchasing Department Phone: 256.549.4591 [email protected]

http://www.cityofgadsden.com/


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CITY OF GADSDEN, ALABAMA Security Patrol Services

Bid Number 3400 GENERAL TERMS AND CONDITIONS

1. All bid openings and any scheduled pre-bid conferences will be held in the City Council Conference Room located on the Fourth Floor, Room

411, City Hall, 90 Broad Street, Gadsden, Alabama. A pre-bid conference may be requested to review and answer any pertinent questions concerning the bid and the specifications.

2. Each bid must be submitted in a separate sealed envelope and received by the City of Gadsden, Alabama in the City Clerk’s Office, 90 Broad Street, P.O. Box 267, Gadsden, Alabama, 35902. All bidders must use our bid form(s) and show on the envelope the bid number, name of project (purpose), and opening date. Any bid received after the opening date and time will not be considered. If it becomes necessary to revise any part of this bid, a written addendum will be provided to vendors currently on the City of Gadsden’s vendor list and it will be posted to the City of Gadsden website.

Copies of the Bid Request are available on the City of Gadsden, Alabama website: www.cityofgadsden.com → How Do I? → Check Bid Openings or

www.cityofgadsden.com → City Services → Purchasing Department → Bid Postings

3. The City will not give verbal answers to inquiries regarding information in this bid, or verbal instruction prior to the submission deadline. All questions shall be submitted in writing to Mechiel Underwood, Purchasing Agent at [email protected]. Failure to request clarification of any inadequacy, omission or conflict will not relieve the vendor of any responsibilities under this solicitation or any subsequent contract. It is the responsibility of the interested vendor to assure they receive responses to questions if they are issued.

4. The City of Gadsden encourages utilization of minority firms, women’s business enterprises, and labor surplus area firms in our procurement activities and will take affirmative steps to assure these enterprises and firms are used when possible. Affirmative steps shall include:

a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists. b. Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources. c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small

and minority business, and women’s business enterprise. d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business,

and women’s business enterprises. e. Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the

Department of Commerce. f. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (a) through (e) of this

section.

The City of Gadsden provides equal opportunities for all businesses and does not discriminate against any vendor regardless of race, color, creed, sex, national origin, disability, religion or age in consideration for an award.

5. The attached specifications are being provided to potential bidders as guidelines, which describe the type and quality of structure, equipment, supply, and/or service the City of Gadsden is seeking to purchase. The bidder must indicate compliance or list exceptions to each specification item for consideration. Failure to comply with this provision could be cause for rejection of the bid.

6. The name of a certain brand, make, manufacturer, or definite specification is to denote the quality standard of the article desired but does not restrict the bidder to the specified brand, make, manufacturer or specification names. It is set forth to convey the general style, type, character, and quality of the article desired by the City of Gadsden. Whenever the words "or approved equal" appear in the specifications, they shall be interpreted to mean an item of material or equipment similar to that named, and which is suited to the same use as that named and which is approved by the Purchasing Department of the City of Gadsden. Vendor shall incur all cost involved in obtaining an independent analysis if the City of Gadsden deems it necessary to determine the suitability of items as being approved equal.

7. It will be assumed that all bids are based upon the specifications unless the bidder stipulates to the contrary on the proposal form; in which case, the bidder shall point out in detail any and all deviations from the specifications. Minor exceptions from the specifications may be considered if they do not alter the performance for the intended purpose.

8. All bids shall be typewritten or printed in ink on the form(s) prepared by the City. Bids prepared in pencil, facsimiles, or electronically submitted proposals will not be accepted. All proposals must be signed by officials of the corporation or company duly authorized to sign bids. Original signatures in ink are required. Facsimile or rubber stamped signatures will not be accepted. Any bid submitted without being signed will automatically be rejected.

9. All corrections or erasures shall be initialed and dated by the person authorized to sign bids. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail.

10. Prices quoted shall be delivered prices, exclusive of all federal or state excise, sales, and manufacturer's taxes. The City will assume no transportation or handling charges other than specified in this bid. The City of Gadsden is exempted from sales and use tax by 40-23-4(11) and 40-23-62(13), Alabama Code (1975).

11. Prices quoted to the City of Gadsden shall remain firm for a minimum of 90 days from the date of opening of the bid, unless so stated differently in the bid.

12. The delivery schedule must be entered in the appropriate space in order for the bid to be considered. If all items cannot be delivered on the same schedule, please note variances.

13. The bidder shall assume full responsibility for warranty of all components of the equipment. A statement shall be attached with the proposal setting out the conditions of the warranty. The manufacturer's standard warranty shall be furnished.

14. A Bid Bond is required in the amount of 5% of the total for bids exceeding $10,000 unless an exact amount is stated in the Invitation for Bids. The Bid Bond / Deposit shall be in the form of a firm commitment, such as an original Bid Bond, postal money order, certified check, cashier’s check, or irrevocable letter of credit. A Bid Bond shall be retained by the City until such time a contract is executed, a purchase order is issued, or in some cases, materials and or equipment received.



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15. The City reserves the right to request a demonstration of any and all items bid before making the award.

16. The City reserves the right to accept or reject any or all items covered in the request, or any portion(s) thereof, waive formalities, re-advertise and / or take such other steps deemed necessary and in the best interest of the City. Issuance of this Request for Proposal does not bind the City of Gadsden to award a contract, nor does the City of Gadsden in any way assume liability for expenses incurred in the preparation of any bids.

17. All bids will be awarded to the lowest responsive and responsible bidder. This determination may involve all or some of the following factors: price, conformity to specifications, financial ability to meet the contract, previous performance, facilities and equipment, availability of repair parts, experience, delivery promise, terms of payments, compatibility as required, other costs, and other objective and accountable factors which are reasonable. When bids are equal, local vendor shall be favored.

18. Unless Special Terms and Conditions of the bid specify otherwise, the City of Gadsden reserves the right to make an award in whole or part to one or more bidders whenever deemed necessary and in the best interest of the City.

19. The successful bidder agrees, by entering into this contract, to defend, indemnify, and hold the City of Gadsden harmless from any and all causes of action or claims of damages arising out of or related to bidder's performance under this contract.

20. All items bid will be inspected by a representative of the City of Gadsden upon delivery to ascertain compliance with the specifications. Items not in compliance with the specifications will be rejected until proper remedial measures are taken to assure compliance.

21. Bidders may be disqualified and bid proposals may be rejected for any of (but not limited to) the following causes: a. Failure to use the bid forms furnished by the City of Gadsden. b. Lack of signature by an authorized representative on the bid form. c. Failure to properly complete the bid form. d. Evidence of collusion among bidders e. Unauthorized alteration of the bid form.

22. The City of Gadsden assumes no legal liability to purchase items or services under any contract unless funds are appropriated for that particular fiscal year.

23. The City of Gadsden reserves the right to terminate, without cause, any award made as a result of this bid solicitation by providing a thirty (30) day letter of cancellation notification to the successful bidder. Failure on the part of the successful bidder to comply with all terms and conditions of this bid shall give cause for the City of Gadsden to terminate the award immediately, and to relieve the City of any and all legal obligations associated with the award. In the event the bidder cannot comply with the terms and conditions of a bid on a particular item or transaction, the City reserves the right to obtain the particular item from other vendors.

24. The City of Gadsden is to be protected against any increase above the price in the bid. Any bid containing an "Escalator Clause" will not be considered unless so stipulated in the Special Terms and Conditions.

25. In accordance with the Alabama Competitive Bid Law, as amended, the City of Gadsden may enter into multi-year leases, purchase, and lease purchase contracts for the acquisition of goods, supplies, materials and all other types of personal property, real property and services for a period not to exceed three years with the following provisions:

a. Prices quoted shall be effective for one (1) year beginning from the date of the award, unless otherwise stipulated, with the option to renew for two (2) additional one (1) year periods. Renewals will require mutual agreement with both the City and the awarding vendor with the bid price remaining the same.

b. Contracts may provide for automatic renewal unless positive action is taken by the City of Gadsden to terminate such contract and the nature of such actions shall be determined by the City of Gadsden and specified in the contract.

26. The City of Gadsden will not be responsible in the event the U.S. Postal Service or any other courier system fails to deliver the proposal to the City of Gadsden, office of the City Clerk, by the deadline stated in the bid request.

27. The vendor/bidder/contractor agrees to comply fully with the Americans with Disabilities Act and the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. Bidders must comply with the President’s Nos. 11246 and 11375 which prohibit discrimination in employment regarding race, creed, color, sex or national origin. Bidders must also comply with Title IV of the Civil Rights Act of 1964 and the Davis-Bacon Act, when it is applicable. Each vendor/bidder/contractor will indemnify and hold harmless the City of Gadsden from all costs, including but not limited to damages as well as attorney's fees and staff time, in any action or proceeding brought alleging a violation of either of the above mentioned Acts.

28. By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the

agreement and shall be responsible for all damages resulting therefrom.

29. City Ordinances mandate that anyone who transacts business within the city limits of Gadsden by one or all of the following situations is subject to obtain a City of Gadsden business license:

a. A physical location within the City. b. A representative of your company calls on customers or solicits business within the City. c. Merchandise is delivered into the City on / in a vehicle other than by common carrier.

The successful bidder shall produce a copy of a current City of Gadsden business license in bidders’ company name and address prior to delivery if physically delivering to any location within the city limits of Gadsden, Alabama using bidder’s business owned transport / carrier.

30. Any bidder affected adversely by an intended decision with respect to this bid shall file with the Finance Director of the City of Gadsden a written notice of intent to file a protest not later than five (5) working days (excluding Saturdays, Sundays and City of Gadsden holidays) after the posting of the bid tabulation. Protest procedures may be obtained in the Purchasing Office.

BY SUBMISSION OF MY PROPOSAL, I CERTIFY THAT I HAVE READ AND UNDERSTAND THESE INSTRUCTIONS AND AFFIRM THAT I HAVE NOT BEEN IN ANY AGREEMENT OR COLLUSION AMONG BIDDERS OR PROSPECTIVE BIDDERS IN RESTRAINT OF FREEDOM OF COMPETITION. UPON AWARD OF THIS BID, I WILL NOT SUBSTITUTE ANY ITEM ON THIS BID UNDER ANY CIRCUMSTANCES. I ALSO UNDERSTAND THAT THE GENERAL TERMS & CONDITIONS ARE STANDARD AND THAT ANY CONTRADICTING REQUIREMENTS OF THE SPECIAL TERMS AND CONDITIONS OR REQUEST FOR BIDS SUPERSEDE THESE GENERAL TERMS & CONDITIONS.

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Bid Number 3400 GENERAL TERMS AND CONDITIONS

The City of Gadsden, Alabama is requesting proposals from security guard firms who are qualified and interested in providing unarmed security guard services / patrols for multiple locations throughout the City of Gadsden, Alabama. Anticipated security service consists of regular patrols of the areas as shown in Attachment A. Security Officers will provide a presence to deter unwanted activities such as theft, vandalism, loitering and trespassing. Guards are to respond to emergencies and intervene in hostile confrontations on City properties. The observation of any criminal activity is to be reported to the City of Gadsden Police Department. Contractor shall submit incident reports and / or maintenance reports to the City on a daily basis.

This is a seven (7) day a week contract. Refer to Attachment A for the proposed coverage schedule. The hours stated are subject to change based on the needs of the City of Gadsden. Additional security may be required occasionally during special events at the listed locations. Security guards must be properly trained, supplied with uniforms and methods of contact (cell phone, etc.) at the expense of the vendor. Guards should have 24-hour dispatch and a 24-hour on duty supervisor readily available.

The City expects to achieve at a minimum the following with this solicitation:

Establish a long-term, three (3) year contract to guarantee quality, reliability and stability of services.

Have a single contract provider for all sites to allow optimum continuity, coordination, control and consistency that enhances security and protection to these locations.

Obtain good personnel that will ensure a positive workforce, limit guard turnover and stabilize emergency response.

Provide a guarantee of uninterrupted services, ensuring appropriate security is maintained at all times.

Contract Term This contract shall be for one (1) year with the option to renew for two (2) additional one (1) year periods. Such extensions shall be automatic and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew.

Contract Terms and Conditions Vendors are to price and submit proposals with the understanding that all specifications, requirements, terms and conditions and licensure is mandatory for the vendor to comply with. Proposers are responsible to review all specifications, requirements, terms and conditions, insurance requirements, licensure and other requirements. Submittal of a proposal is agreement to comply without exception, unless modified by the City. The contract cannot be assigned or subcontracted without prior written consent of the City of Gadsden. All terms, agreements and requirements shall be in conformance with the laws and codes of the State of Alabama and the City of Gadsden.

Any deviations from specifications must be explained in detail. Please attach separate documentation outlining the specifics of any exceptions proposed.

Negotiations Nothing herein prohibits the City from opening discussions with the highest ranked apparent successful bidder in order to negotiate modifications to either the proposal or the contract terms and conditions, to align the proposal or the contract to best meet City needs within the scope sought by the request to bid.

Invoicing Each month the contractor shall submit a detailed invoice for services of the prior month by site location. Contractor will be paid on a monthly basis in arrears. Invoices must be submitted to: City of Gadsden Attn: Rachel Mitchell, Finance Department P.O. Box 267 Gadsden, AL 35902 Trial Period A ninety (90) day trial period shall apply to contract(s) awarded as a result of this solicitation. During the trial period, the vendor(s) must perform in accordance with all terms and conditions of the contract. Failure to perform during this trial period may cause the immediate cancellation of the contract. If disputes occur or discrepancy as to the acceptability of product or service, the City’s decision shall prevail. The City agrees to pay only for authorized product or service received up to the date of termination. If the contract is terminated within the trial period, the City reserves the option to award the contract to the next lowest responsive vendor by mutual agreement with such vendor. Any new award will be for the remainder of the contract and will also be subject to this trial period.

Changes to the Bid Request/Addenda Any changes to this request for proposal will be by formal written addendum issued by the City’s purchasing department and becomes part of this bid and resultant contract. It is the responsibility of the interested vendor to assure they receive addenda if issued. An addendum will be posted to the City’s official website at www.cityofgadsden.com. The purchasing department will try to provide all interested parties that have acknowledged receipt of bid invitation a notice through emails that changes or addendums have been posted to our website. Notwithstanding such City efforts, it remains the obligation and responsibility of the vendor to learn of such addendums, responses or notices. Efforts by the City to provide notice or to provide it on the website do not relieve the vendor from the sole obligation for learning of such material. Some third-party services independently post City bids on their websites. The City does not guarantee that such services have accurately provided proposers with all information, particularly addendums or changes to bid.


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Bid Number 3400 Qualifications, Specifications and Bid Requirements

Contractor shall furnish all necessary labor, supervision, uniforms and equipment in accordance with the provisions, terms and conditions set forth in this request for bid.

Scope of Services This scope of services is intended to outline the basic services requested. Actual requirements will be finalized upon meeting(s) held with the successful bidder. The contractor shall assign a supervisor to coordinate all activities.

Make daily written work sheet watch reports using forms specified by the duly authorized representative of the City of Gadsden. Such reports shall include unlocked doors, broken or open windows, burned out or defective lights, lights needlessly left on, motors and equipment left running, leaks, blocked exits, missing equipment, fire and safety hazards, poor exterior housekeeping and all unusual happenings in detail.

Make complete security tours of all areas encompassing the respective areas during the hours listed in Attachment A, including special observance of specific areas upon request.

Take appropriate action concerning trespassers of unidentifiable or suspicious nature.

In the event of an emergency, the guard will immediately report to the department head over that particular area or the Gadsden Police Department depending on the nature of the emergency.

Be subject at all times while on duty to the order of the designated representative of the City of Gadsden, provided such orders are within the scope of this contract.

Call for medical help to care for any person injured on City property and include such incidents on written reports.

License and Permits The vendor must meet all licensing requirements that apply to their business. Contractor and assigned personnel shall possess all licensure and permits as required by the Federal, State, County and City governments. Bidders must be licensed to be a security guard company in the State of Alabama and all personnel provided as security guards shall be trained, certified / licensed security officers and shall have no criminal record. Each bidder will supply with bid, their license. Copies of such other requirements are to be provided upon request by the City. The successful bidder shall abide by all federal, state and local laws and statutes. In addition, bidder shall be responsible for securing any necessary permits for complying with all required inspections whether local, state or federal. All bidders are responsible for compliance with the laws of the State of Alabama. It shall be the responsibility of each bidder to assure compliance with OSHA, EPA, Federal, State of Alabama and City rules, regulations or other requirements, as each may apply.

Immigration Law Compliance Documentation of enrollment in the E-Verify program pursuant to Alabama Code 31-13-9 is required to be submitted with proposal. By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.

Account Manager Awarding vendor must agree to assign an experienced account manager who shall be responsible for assuring that all requirements described herein are fulfilled. This person must be a proven manager who will be able to interact effectively with City management and assigned personnel.

Supervision Supervision of assigned personnel shall be provided on a daily basis, twenty-four (24) hours per day and seven (7) days per week. Supervisors must be available to the City facility site managers.

Uniforms Contractor shall provide professional uniforms and necessary equipment for the performance of officer duties to assigned employees at no additional expense to the employee or the City. Uniforms shall include appropriate seasonal outerwear and rain gear. Uniforms shall bear a patch identifying the contractor. Uniforms are subject to approval as part of the evaluation of bid proposals. Guards must wear picture identification while on duty. Contractor shall provide the nametags or identification cards at its expense. Contractor shall ensure that name tags or identification cards are properly worn and displayed. Assigned personnel shall exhibit professional conduct, posture and attire while on duty. The facility site supervisor may dismiss any security guard reporting to duty that is not properly dressed and equipped for duty. Contractor shall immediately replace the dismissed guard with another guard suitable for duty. Bidders are to submit a picture with their proposal of the full uniform that will be worn by security personnel.

Transportation The contractor must provide transportation for the guards when a vehicle is required and shall also provide a magnetic sign or decal for said vehicle to assure proper identification of any security vehicle. The City shall not assume any responsibility or compensation for vehicle maintenance including tire repair.

Communication The Contractor will be responsible for providing their personnel with cellular / wireless telephones for contact to proper authorities at all times. Security personnel will conduct equipment checks at the beginning of each shift to ensure proper operations. The phone will be carried by security personnel at all times.

Background Check Contractor shall certify that all personnel have successfully passed a criminal background check prior to assignment to City property. The bidder must have an established policy and procedure by which all applicants for employment undergo a thorough screening and background check. The City reserves the right to conduct additional review and conduct further security clearances on the contractor’s assigned personnel. In such cases, the contractor shall cooperate with the City of Gadsden authorities and furnish the name of persons who may be assigned for completing a more thorough detailed check. Any person or persons not acceptable to the City’s additional review may be prohibited from working under this contract. Copies of such policies are to be provided upon request by the City.

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Drug Screening Bidder shall also have an established drug testing policy and procedure conforming to applicable state and federal law for all applicants for employment as well as an ongoing policy / procedure for their current employees. Prior to assignment at any site, all prospective guards must pass a drug test administered at the contractor’s expense. Copies of such policies are to be provided upon request by the City.

Site Inspection A mandatory site visit is required. It is the responsibility of each prospective bidder to contact each site / facility manager in order to schedule a visit. During the visit, bidders are encouraged to ask questions to clarify information provided in the solicitation documents. It is the responsibility of each proposer to acquire full knowledge of each site and post order requirements and any special circumstances regarding service at that location. Bidders must include Attachment B with submitted proposal.

Training Each bidder shall supply a statement of the type and length of training required for employment of guards. In conjunction with facility site supervisors, newly assigned guards shall be taught specific post duties, including emergency procedures and the operation of the building security alarm system. Substitute guards shall be taught the post duties of their particular assignments. Refresher training shall be provided upon request of the City. Refresher training shall be designed to ensure that all security guards are proficient at their post duties and address any issues brought to the contractor’s attention by the City of Gadsden. It is expected that each guard at a minimum have received the training requirements for licensed security guards as outlined in Section 34-27C-8 of the Code of Alabama 1975. Training verification must include documented results of all training in the employee’s personnel file. All officers must be CPR and First Aid Certified. Sample training information shall be provided with proposal.

Prior to the start of work, all personnel provided to the City of Gadsden must be familiar with the facility, entrances, rules and regulations, who and where to report ant the type of work to be performed. The City of Gadsden retains the right to insist that any security guard assigned and found to be unacceptable for any reason by the City of Gadsden, be removed from duty and replaced after reasonable notice.

Guard Duties Typical duties of the security guards include, but are not limited to the following:

Escort City personnel to or from their automobiles when dark (early morning, late evening or night).

Escort City employees during performance of various monetary duties.

Monitor admittance of personnel and authorized visitors to City facilities in a professional and courteous manner.

Maintain a visitor’s log and distribute visitor passes when required.

Maintain a daily activity report.

Make inspection rounds to determine that fences, gates, doors and windows are properly closed, locked and secured.

Canvas and patrol assigned area(s) to proactively identify potential safety and security hazards.

Turn lights and security systems on and / or off.

Inspect parking areas and enforce on-site security regulations.

Be a visible presence at public entrance and exit areas.

Respond to emergencies and / or alarms.

Notify appropriate local authorities and City personnel when emergencies occur.

Report any unsafe or dangerous conditions or circumstances to the site supervisor in a timely manner.

Report any dishonest or criminal act committed on City premises.

Investigate unusual or suspicious conditions.

Respond to requests by facility manager or supervisor.

Enforce City ordinances as appropriate.

Take prompt action against illegal entry of person(s) and / or contraband as specified with the City of Gadsden facilities / locations.

Assist in the management of crowd control and overall safety of the patrons and participants.

Observe and report any and all criminal offenses, or violations of policies, procedures, rules and regulations.

Guards represent the City of Gadsden and must be able to assist with public information in regards to customer service, safety and security policies or procedures.

Contractor and assigned personnel shall cooperate with law enforcement officers from the City of Gadsden and other law enforcement agencies and / or personnel. Example being; assigned personnel may assist with crowd control if appropriate or in the event of an incident at a City facility.

Post Orders (Duties) and Operating Procedure Prior to the commencement of a contract or the staffing of a location, the awarding vendor shall conduct the following:

Schedule a meeting with each facility site supervisor and review the current security guard post orders (duties) and operating procedures. Current orders and procedures may be amended to the mutual agreement of both parties.

Contractor shall establish a specific set of post orders and operating procedures for each facility assigned within ten (10) days of notice of award and contract start date.

Conduct an orientation / training meeting with assigned personnel at which time they shall be given a written copy of post order requirements. A written copy of post orders must be submitted to the facility site supervisor and purchasing agent.

Contractor shall review the security guard post orders, operating procedures and the performance of security guards at intervals requested by each facility site supervisor. Post orders and operating procedures shall be updated as necessary to ensure an optimum level of service. Revisions shall be clearly conveyed and presented in writing to the contractor’s assigned personnel and the City site supervisor. The City reserves the right for security guards to clock in and out if a time clock is available.

Daily Field Activity Report One assigned guard per shift at each City facility shall maintain a daily field activity report summarizing the significant events that occurred during that shift. A copy of such report shall be delivered to the facility site supervisor daily.

Incident Reports Contractor shall furnish a written report for each incident of injury, security or law violation. Contractor shall furnish a written report within one (1) day of the incident to the facility site supervisor where the incident occurred.

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Grounds for Removal from the City of Gadsden The City of Gadsden shall remove and refuse admission onto its property any guard for reasons including, but not limited to, the following:

Failure of a drug test.

Commission of a crime on or off the City of Gadsden property.

Conviction of a DUI of any substance (illicit drug, prescription drug or alcohol).

Watching TV while on duty.

Falsifying any patrol or report information.

Working while under the influence of any drug or alcohol.

Use of any City property or services, such as phone, without site supervisor’s permission.

Failure to maintain a professionally groomed uniform and appearance.

Entering any space or property within the City for reasons other than for assigned duties or investigation purposes.

Sleeping on post.

Default by Contractor Contractor may be considered in default of contract under any one or more of the following circumstances and the City may request a service credit for any violation of the agreement:

Failure of contractor to provide service within the time frame agreed upon after notification.

Failure of contractor to correct deficiencies in service or failure of contractor to provide adequate administrative and supervisory functions.

Failure of contractor to provide adequate personnel.

Submission of inaccurate invoices, timesheets, required post orders or site reports.

Involvement in a fraudulent or illegal act against the City by an employee of the contractor whether on or off duty.

Failure of contractor to maintain the required insurance policies in full force and effect.

Failure of contractor to remove an employee at City’s request.

Failure of contractor to maintain licenses and permits as required by any governmental agency.

Failure of contractor to fulfill any other obligation contained within the contract award.

Failure of the City to terminate the contract for any of the reasons stated above or to insist upon strict performance of any of the terms of the contract shall not constitute a waiver of any part of the contract. The contract shall be and remain in full force and effect until the City calls a formal default and demands remedy.

The performance of work under this agreement may be terminated by the City in accordance with this clause, in whole or in part, whenever the City shall determine that the contractor has failed to meet the performance requirements of the agreement. The City has the right to terminate for default if the contractor fails to perform the service within the time specified in the agreement, or if the contractor fails to perform any provision specified in these specifications. Failure of a contractor to deliver or perform the required services within the time specified or within reasonable time as interpreted by the City, shall constitute authority for the City to proceed with the award of work to the next lowest responsible bidder. On all such purchases, the contractor or his surety shall reimburse the City within a reasonable time specified by the City, for any expense incurred in excess of the agreement prices.

Submission of a Bid in response to this request is certification that the Bidder is not currently debarred, suspended, proposed for debarment and

declared ineligible or voluntarily excluded from participation in this transaction by any State, Federal department, city or local agency.

Submission is also agreement that the City will be notified of any changes in this status.

The successful bidder acknowledges and agrees that the City has the right to deduct from total amount of consideration to be paid, if any, to the

successful bidder under this agreement all unpaid, delinquent or overdue license fees, taxes, fines, penalties and other amounts due the City from

the successful bidder.

Schedule Changes The City reserves the right to make schedule changes upon forty-eight (48) hour advance notice to contractor. Schedule changes shall not affect the billing rate agreed upon.

Additional Personnel Contractor shall provide additional personnel upon twenty-four (24) hour advance notice at the contracted rate. Contractor shall assure the City that the contractor will maintain a reasonable number of trained back up personnel ready to assume assignment at City locations upon request. In the event of an emergency, the City may contact the contractor to discuss the availability of additional services for the areas of concern.

Overtime The City will pay for only that overtime it authorizes at a rate of one and one-half times the normal billing rate for each person assigned to work overtime. Requests for special events or times of the year that require in excess of forty (40) hours per week of additional service shall be billed at the normal base rate. The City reserves the right to refuse any personnel found to be unqualified or not in compliance with the contract. Overtime will not be paid to contractor to compensate for any shortage of personnel. The City will pay for only the actual time worked by guards. If a guard arrives late or leaves post early for any reason, those hours will not be paid.

Excessive Turnover Excessive turnover of guards will not be tolerated and may be cause for termination of the contract. Contractor shall provide a list of all personnel assigned at the start of the contract and shall provide notification of additions and removal of personnel from each City site.

Use of City Equipment At no time shall assigned personnel use City telephones or other equipment for personal business without prior approval of the facility site supervisor. Unauthorized use of any City equipment may be cause for request of termination of said guard.

Performance The City reserves the right to refuse or reject any person assigned under the contract either with or without cause. If a person is removed from a City facility at the request of the City, that person is not to be re-assigned to another facility without notification to site supervisor(s).

Bid Bond No bid bond is required for this solicitation.

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Insurance Requirement The contractor shall secure and make all payments for and, at all times during the duration of this Agreement, maintain through a licensed insurance firm, company or agency, acceptable to the City of Gadsden, such public, contingent and employer’s liability insurance in the amount noted below. The insurance coverage shall protect the contractor and the City of Gadsden from any and all claims under worker’s compensation and similar employee benefit acts, and any and all claims for property damage or loss thereof, which may be a consequence or a result of the performance of this Agreement. All liability insurance policies shall name The City of Gadsden as an additional insured and such certification will be issued directly by the approved licensed insurance agency, firm or company. Certification of premium payment shall be submitted by the contractor to the City of Gadsden every three months or upon the maturation of the premium.

Comprehensive General Liability Insurance shall be a minimum of $1,000,000. Comprehensive Property Damage Insurance shall be a minimum of $1,000,000. Insurance policies shall include automobile(s), including the operation by any and all contractor’s staff, with coverage in amounts of at least $1,000,000. No provision or part of this or any other agreement between The City of Gadsden and the contractor shall restrict or otherwise limit the liability assumed by the contractor. No provision or provisions of the Agreement shall limit or restrict any liabilities assumed by the Contractor and stated on this Agreement. The Contractor shall, prior to commencing any services, submit to The City of Gadsden, a certificate(s) of insurance indicating such insurance to be in force and effect. No insurance required by this Agreement shall be canceled without thirty (30) calendar days’ prior written notice to the City of Gadsden.

All certifications are to be received and approved by the City before work is authorized to begin. The City reserves the right to require complete, certified copies of all required insurance policies at any time. Risk Management is hereby authorized to adjust the requirements set forth in this document in the event it is determined that such an adjustment is in the best interest of the City of Gadsden.

Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City of Gadsden, its elected and appointed officials, employees, administrators, officers, agents and specified volunteers, from and against all claims, damages, losses and expenses including but not limited to attorney’s fees, arising out of or resulting from the performance of the services under this Agreement or lack thereof. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity, which would otherwise exist as to any party or person described in this text. The Contractor shall save harmless the City of Gadsden, its administrators, officers, employees and agents, from and indemnify it and them against all claims, liens, and suits for labor and material furnished by the contractor. The contractor shall defend on behalf of The City of Gadsden, its administrators, officers, employees and agents, and suits jointly against the contractor and the City of Gadsden against the City of Gadsden alone, or against any administrator, officer, employee or agent of the City of Gadsden, for or arising out of any or all of the aforesaid causes. All claims against the City of Gadsden, or any of its administrators, officers, employees or agents by any employee of the contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the contractor, or any subcontractor under worker’s compensation acts, disability benefits acts or other employee benefit acts.

References Bidders are required to submit three (3) current or past contracts for which your firm has performed or is performing work of similar type, scope and complexity within the past five (5) years. Must include the name, address, email address and phone number of the contracting party as well as a description of the services performed under the contract. All references will be checked.

Hard Copy Submittal Bidders are required to submit one (1) original proposal and one (1) exact hard copy of the proposal. Each proposal must be separately bound. Any changes or corrections to a bid response must be initialed. Forms requiring signatures must be signed in ink by the person(s) legally authorized to bind bidder to the contract. See item number eight (8) of the General Terms and Conditions of this document.

Submission Requirements Submit a certificate or other documentation in which you incorporated that shows your company legal name. The City requires the name of your company as it is legally registered. When preparing forms use the legal name. Failure to comply with all provisions of this request for proposal may result in disqualification. The City of Gadsden reserves the right to reject any proposal and/or waive any formalities in the solicitation process. Each proposer should carefully examine this request for proposal and all attachments and exhibits. Proposer’s failure or neglect to review any provided provisions of an agreement and the provision of the request will not relieve such proposer of any contractual obligations contained in the agreement or required under the bid. BIDDERS MUST SUBMIT THE FOLLOWING WITH THEIR BID IN ADDITION TO OTHER REQUIREMENTS AS MENTIONED THROUGHOUT THIS PROPOSAL REQUEST.

a. Proper licensure as required by the state of Alabama Security Regulatory Board b. Documentation of enrollment in the E-Verify program pursuant to Alabama Code 31-13-9 c. Picture of uniform security guards will wear while on duty d. Attachment B e. Overview of training provided to each guard f. Three references g. One (1) signed original proposal and one (1) exact copy h. Documentation showing company legal name i. Bid Form j. State of Alabama Immigration form k. Anti-collusion certificate

Contract Clauses as required by FTA (Federal Transit Administration)

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Incorporation of Federal Transit Administration (FTA) Terms

FTA Circular 4220.1E

Applicability to Contracts: The incorporation of FTA terms applies to all contracts.

Flow Down: The incorporation of FTA terms has unlimited flow down.

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 (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms

and conditions.

Federal Transit Administration (FTA) Circular 4220.1F. For full document download, click here.

Energy Conservation Requirements 42 U.S.C. 6321 et seq. 49 CFR Part 622 Applicability to Contracts: The Energy Conservation requirements are applicable to all contracts. Flow down Requirements: The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and, sub-recipients and their sub-agreements at every tier. 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. The contractor agrees to perform an energy assessment for any building constructed, reconstructed, or modified with FTA funds required under FTA regulations, “Requirements for Energy Assessments,” 49 CFR part 622, subpart C.

Program Fraud and False or Fraudulent Statements or Related Acts (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two (2) 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 sub-contractor who will be subject to the provisions.

No Government Obligation to Third Parties Applicability to Contracts: Applicable to all contracts. Flow down Requirements: This concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. No Obligation by the Federal Government. (1) NCTD and the 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 NCTD, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the sub-contractor who will be subject to its provisions.

Lobbying 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts: The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down Requirements: The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of a Federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not taken any action involving the Project or the Underlying Agreement for the Project, including any award, extension, or modification. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by

31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to NCTD.

Access to Records and Reports

49 U.S.C. 5325

18 CFR 18.36 (i)

49 CFR 633.17

Applicability to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"

Flow Down: FTA does not require the inclusion of these requirements in subcontracts.

Access to Records - The following access to records requirements apply to this Contract:

https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/Third%20Party%20Contracting%20Guidance%20%28Circular%204220.1F%29.pdf


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1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with

49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of

their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract

for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide

the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites

pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described

at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor

agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the

Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial

assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than

the simplified acquisition threshold currently set at $100,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an

institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in

accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States

or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly

pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a

contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make

available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer

or employee of any of them for the purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as

reasonably needed.

6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years

after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of

this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of

their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR

18.39(i)(11).

7. FTA does not require the inclusion of these requirements in subcontracts.

Requirements for Access to Records and Reports by Types of Contract

Contract

Characteristics

Operational

Service

Contract

Turnkey Construction Architectural

Engineering

Acquisition of

Rolling Stock

Professional

Services

I State Grantees

a. Contracts

below SAT

($100,000)

b. Contracts

above

$100,000/Capital

Projects

None

None

unless1 non-

competitive

award

Those imposed

on state pass

thru to

Contractor

None

Yes, if non-

competitive

award or if

funded thru2

5307/5309/53

11

None

None unless

non-

competitive

award

None

None unless

non-

competitive

award

None

None unless

non-

competitive

award

II Non State

Grantees

a. Contracts

below SAT

($100,000)

b. Contracts

above

$100,000/Capital

Projects

Yes3

Yes3

Those imposed

on non-state

Grantee pass

thru to

Contractor

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Federal Changes

49 CFR Part 18

Applicability to Contracts: The Federal Changes requirement applies to all contracts.

Flow Down: The Federal Changes requirement flows down appropriately to each applicable changed requirement.

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.


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Bonding Requirements

Applicability to Contracts: For those construction or facility improvement contracts or subcontracts exceeding $100,000, FTA may accept the

bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows:

a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such

as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid,

execute such contractual documents as may be required within the time specified.

b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection

with a contract to secure fulfillment of all the contractor's obligations under such contract.

c. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a

contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract.

Payment bond amounts required from Contractors are as follows:

(1) 50% of the contract price if the contract price is not more than $1 million;

(2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or

(3) $2.5 million if the contract price is more than $5 million.

d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds,

provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would

also satisfy the requirement for a bond.

Flow Down: Bonding requirements flow down to the first tier contractors.

Termination

49 U.S.C. Part 18

FTA Circular 4220.1E

Applicability to Contracts

All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain

suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts

with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions

under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances

beyond the control of the contractor.

Flow Down

The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and

institutions of higher learning

a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice

to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit

on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor.

If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the

manner the (Recipient) directs.

b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract

delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails

to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving

a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract

price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is

later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which

are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow

the Contractor to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the

Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in

which cure is permitted and other appropriate conditions

If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within

[ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have

the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to

preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default.

d. Waiver of Remedies for any Breach in the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant,

term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other

term, covenant, or condition of this Contract.

e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in

whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the

payment provisions of this contract for services rendered before the effective date of termination.

f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in

this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this

contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default.

The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or

performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in

default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.


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Civil Rights Requirements

29 U.S.C. § 623, 42 U.S.C. § 2000

42 U.S.C. § 6102, 42 U.S.C. § 12112

42 U.S.C. § 12132, 49 U.S.C. § 5332

29 CFR Part 1630, 41 CFR Parts 60 et seq.

Applicability to Contracts: The Civil Rights Requirements apply to all contracts.

Flow Down: The Civil Rights requirements flow down to all third party contractors and their contracts at every tier.

Civil Rights - The following requirements apply to the underlying contract:

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination

Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit

law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race,

color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations

and other implementing requirements FTA may issue.

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

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal

transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of

Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive

Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable

Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course

of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during

employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of

compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing

requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit

law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In

addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that

it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment

Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the

Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided

by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS ENTERPRISE:

To the extent authorized by Federal law, the CONTRACTOR agrees to facilitate participation by Disadvantaged Business Enterprises (DBEs) in

the Project and assures that each subcontractor, lessee, third party contractor, or other participant at any tier of the Project will facilitate participation

by DBEs in the Project to the extent applicable as follows: (1) The CONTRACTOR agrees and assures that it shall comply with section 1101(b) of

SAFETEA-LU, 23 U.S.C. § 101 note, and U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of

Transportation Financial Assistance Programs,” 49 C.F.R. Part 26. (2) The CONTRACTOR agrees and assures that it shall not discriminate on

the basis of race, color, sex, or national origin in the award and performance of any sub agreement, lease, third party contract, or other arrangement

supported with Federal assistance derived from U.S. DOT in the administration of its DBE program and shall comply with the requirements of 49

C.F.R. Part 26. The CONTRACTOR agrees to take all necessary and reasonable steps as set forth in 49 C.F.R. Part 26 to ensure nondiscrimination

in the award and administration of all sub agreements, leases, third party contracts, and other arrangements supported with Federal assistance

derived from U.S. DOT. As required by 49 C.F.R. Part 26, the CONTRACTOR’s DBE program approved by U.S. DOT, if any, is incorporated by

reference and made part of the Grant Agreement or Cooperative agreement for the Project. The CONTRACTOR agrees that it has a legal obligation

to implement its approved DBE program, and that its failure to carry out that DBE program shall be treated as a violation of the Grant Agreement

or Cooperative Agreement for the Project and this Master Agreement. Upon notification by U.S. DOT to the CONTRACTOR of the

CONTRACTOR’s failure to implement its approved DBE program, U.S. DOT may impose the sanctions as set forth in 49 C.F.R. Part 26 and may,

in appropriate cases, refer the matter to the appropriate Federal authorities for enforcement under 18 U.S.C. § 1001, or the Program Fraud Civil

Remedies Act, 31 U.S.C. §§ 3801 et seq., or both.

ADA Access Requirements

49 U.S.C. § 5301, 29 U.S.C. § 794, 42 U.S.C. § 12101

Applicability to Contracts: The Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities

have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and

designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the

Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities

Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with

disabilities, including any subsequent amendments thereto.

Metric Requirements

15 U.S.C. §§205

2007-Pub. L. 110–69

As required by U.S. DOT or FTA, NCTD agrees to use the metric system of measurement in its Project activities, pursuant to the Metric Conversion

Act, as amended by the Omnibus Trade and Competitiveness Act, 15 U.S.C. §§ 205a et seq.; Executive Order No. 12770, "Metric Usage in

Federal Government Programs," 15 U.S.C. § 205a note; and other U.S. DOT or FTA regulations, guidelines, and policies. To the extent practicable

and feasible, the NCTD agrees to accept products and services with dimensions expressed in the metric system of measurement.


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Government-Wide Debarment and Suspension (Non-procurement)

Background and Applicability

In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on

November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689,

Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327).

The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract

or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the

dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in

the regulation as “covered transactions.”

Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its

principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded

Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents

a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300.

Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49

CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts

at all levels).

Suspension and Debarment

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its

principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and

29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C

in any lower tier covered transaction it enters into.

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

The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or

proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may

pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the

requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder

or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

PRIVACY ACT

5 U.S.C. 552

Applicability to Contracts: When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that

information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts.

Flow Down: The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier.

Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any

system of records on behalf of the Federal Government under any contract:

(1) 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.

(2) 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.

Attachment A

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The contractor shall supply Security Patrol Services at the following eight (8) generalized locations.

Zone Location Name and

Address Contact Description of Guard Hours

Approximate Annual Hours

Vehicle Requirements

1 Noccalula Falls Park 1500 Noccalula Road Gadsden, AL 35904 (This location will utilize additional services for special events in addition to regular security services)

Jennifer Weathington, Director of Parks and Recreation

256.549.4679

[email protected]

The contractor shall provide guard(s) sufficient to meet the following schedule:

Monday – Friday 4:00 p.m. – 12:00 a.m. (8 hours per day) Saturday and Sunday 12:00 a.m. – 8:00 a.m. (8 hours per day)

This guard will be required to accompany employee in money drops at closing time each evening at the Noccalula Falls Entry Pavilion and the Mini Golf Facility. Guard shall check in at all designated sites as determined by City of Gadsden management. Duties also include securing of gates at the Ball Field, Maintenance Entrance, Gorge and Park Entrance.

2,920

Vehicle Required

2 Noccalula Falls

Campground 1502 Noccalula Road Gadsden, AL 35904 (This location will utilize additional services for special events in addition to regular security services)

Jennifer Weathington, Director of

Parks and Recreation

256.549.4679 [email protected]

The contractor shall provide guard(s)

sufficient to meet the following schedule:

Daily – Seven days per week 7:30 p.m. – 7:30 a.m. (12 hours per day) Guard will clock rounds over the entire grounds as required; including the gravel portion of the Black Creek Trail

4,380

Vehicle

Required

3 Coosa Landing 200 Lake Street Gadsden, AL 35903 Riverwalk Park / Trail 200 Lake Street Gadsden, AL 35903


256.549.4679

[email protected]

The contractor shall provide guard(s) sufficient to meet the following schedule: Daily – Seven days per week 4:00 p.m. – 12:00 a.m. (8 hours per day) Guard will patrol Coosa Landing and Riverwalk Park / Trail. Guard shall have the ability to walk the trail, check piers and pavilions. Guard will check boat launch, store, storage building and rescue boat building. Guard will be required to lock any restroom facilities, gates, etc. Guards are to actively patrol areas and not sit.

2,920 Vehicle Required

4 Moragne Park 100 Moragne Ave. Gadsden, AL 35901 Moragne Cemetery South 1st Street Gadsden, AL 35901 Boardwalk 330 Albert Rains Blvd. Gadsden, AL 35901 Splash Pad

330 Albert Rains Blvd. Gadsden, AL 35901 Jack Ray Park 130 River Road Gadsden, AL 35901 (This location will utilize additional services for special events in addition to regular security services)


256.549.4679

[email protected]

The contractor shall provide guard(s) sufficient to meet the following schedule: Daily – Seven days per week 4:00 p.m. – 12:00 a.m. (8 hours per day) Guard will patrol Moragne Park, Moragne Cemetery, Board Walk, Splash Pad and Jack Ray Park. Guard shall have the ability to walk the park and boardwalk. Guard will check piers, pavilions and restrooms. Guard will be responsible for locking restroom facilities, gates, etc. Guard will also be responsible for locking Moragne Cemetery (time TBA). Guards are to actively patrol areas and not sit.

2,920

Vehicle Required

Attachment A

of 21

Zone Location Name and

Address Contact Description of Guard Hours

Approximate Annual Hours

Vehicle Requirements

5 Additional Parks and Recreation Events (Not binding to events that may or may not occur. Not inclusive of all events that may occur.) ~ Dragon Boat Race ~ First Friday Summer Concerts ~ Barbarian Challenge ~ Smoke on the Falls ~ Christmas at the Falls ~ Halloween Festival ~ Wheels on the Hill ~ Various Fishing Tournaments ~ Events at Gadsden Sports Complex


256.549.4679

[email protected]

The contractor shall supply additional guard(s) as needed during various events, tournaments, etc. Guard duties will be specific to each event as determined by the City of Gadsden personnel. The City will make effort to give contractor a seven (7) day notification of security needs.

240

Vehicle Required

6 Fleet Management 1701 Chestnut Street Gadsden, AL 35901

Forrest Cemetery 700 South 15th Street Gadsden, AL 35904

Jay Watson, Superintendent

256.549.4705

[email protected]


Monday – Friday 3:00 p.m. – 7:00 a.m. (16 hours per day)

Saturday and Sunday 7:00 a.m. – 7:00 a.m. (24 hours per day) Holidays will follow the Saturday and Sunday schedule (11 holidays) Guard is responsible for overseeing the City’s fleet of vehicles. Guard will open and close Forrest Cemetery gate as instructed by Department Director (seasonal hours).

6,688

Vehicle required

7 Transfer Station 111 Burns Way Drive Gadsden, AL 35903

Howell Mathews, Environmental Services Superintendent

256.549.4745

[email protected]


Friday 11:00 p.m. – 7:00 a.m. (8 hours per day)

Saturday 7:00 a.m. – 7:00 a.m. (24 hours per day)

Sunday 7:00 a.m. – 6:00 a.m. (23 hours per day) Holidays will follow the Sunday schedule (11 holidays)

2,915 Vehicle required

8 Transportation Department Located at the Alabama City Center

2000 W. Meighan Blvd. Gadsden, AL 35904

Meinrad Tabengwa, Transportation Planner

256.549.4519

[email protected]

The contractor shall provide guard(s) sufficient to meet the following schedule: Monday – Friday 6:00 a.m. – 6:00 p.m. (12 hours per day) Saturday 2:00 p.m. – 6:00 a.m. (16 hours per day) Sunday 6:00 a.m. – 6:00 a.m. (24 hours per day)

5,228

Vehicle Required

* The Transportation Department will move facilities approximately April 2019. At the time of bid posting, they are located at 1699 Chestnut Street, Gadsden, AL 35901, adjacent to the Fleet Management Department. When the move to the Alabama City Center is completed their fleet of vehicles (DART/Trolley) will remain with the city’s fleet of vehicles located at 1701 Chestnut Street, Gadsden, AL 35901. At a future date, the transportation departments’ fleet of vehicles will move to the new location at the Alabama City Center. For purposes of this bid, please bid as listed for each location, with the understanding that hours, locations, etc. are subject to change. * Holiday schedule will follow day and hours as written, unless otherwise specified.

Attachment B

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Bid Number 3400 SITE VISIT REQUIREMENTS

A mandatory site visit is required. It is the responsibility of each prospective bidder to contact each site / facility manager in order to schedule a visit. During the visit, bidders are encouraged to ask questions to clarify information provided in the solicitation documents. It is the responsibility of each proposer to acquire full knowledge of each site and post order requirements and any special circumstances regarding service at that location. Bidders must include this form with submitted proposal.

Zone Location Name Date of Site Visit Comments

Zone 1 Noccalula Falls Park

Zone 2 Noccalula Falls Campground

Zone 3

Coosa Landing

Riverwalk Park / Trail

Zone 4

Moragne Park

Moragne Cemetery

Boardwalk

Splash Pad

Jack Ray Park

Zone 5 Additional Parks and Recreation Events N/A N/A

Zone 6

Fleet Management

Forrest Cemetery

Zone 7 Transfer Station

Zone 8 Transportation Department

_________________________________________________________ ____________________________________________________

Company Name Signature

_____________________________________________ Name of Bidder or Company Representative (typed or printed) ____________________________________________________ Date

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Bid Number 3400 BID FORM

Year 1 Year 2 Year 3 Comments

Security Officer With Vehicle (Provide hourly rate billed to the City)

$ $ $

I hereby certify that I have read and understand the specifications and affirm that the bid is in compliance with the specifications. As owner or authorized representative of the below company, I hereby certify that I understand and accept the provisions of the specifications issued by the City of Gadsden. I certify that our company has the equipment and personnel to provide the services in the specifications attached hereto and that our company has and will maintain the levels of required insurance throughout the length of the contract should we be the successful bidder.

By signing this contract, ___________________________________ represents and agrees that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade.

By signing this contract, the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment or continue to employ an unauthorized alien within the state of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.

The undersigned shall acknowledge receipt of any addendum(s) issued by the Purchasing Department by recording in the spaces below the date of receipt and initials. Addendum No. 1 ___________ Addendum No. 2 ___________ Addendum No. 3 __________ Addendum No. 4 __________ __________________________________________________ __________________________________________________

Company Name Signature

__________________________________________________ __________________________________________________

Street Address Name of Bidder (typed or printed)

__________________________________________________ __________________________________________________

City, State, Zip Title of Bidder

__________________________________________________ __________________________________________________

Mailing Address Area Code & Telephone Number

__________________________________________________ __________________________________________________

City, State, Zip Fax Number

__________________________________________________ __________________________________________________

Federal Tax Identification Number Email Address

__________________________________________________

Date

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Bid Number 3400 REFERENCES

Company Name: Contact Person:

Address: Telephone Number:

City, State, Zip Code: E-mail Address

Services Provided / Date (s) of Service:









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Bid Number 3400

STATE OF ALABAMA IMMIGRATION ACT Act No. 2011-535

The following Notice, Declaration and Mandatory Affidavit of US Citizenship and/or Lawful Presence of an Alien is required in compliance with the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535 dealing with immigration (Immigration Act).

In order to comply with the Act, the City of Gadsden must obtain from each individual, including an individual who is a sole proprietor or partner in a partnership, a declaration, either of citizenship or lawful presence.

___________________________________________________________________________________________

MANDATORY AFFIDAVIT

Act No. 2011-535 Citizenship Declaration

Under penalty of perjury, I, _______________________________________________________________________________ , (Print Name)

the undersigned do hereby declare that I am a citizen of the United States Citizen or that I am a lawfully present alien of the United States of America. ___________________________________________________ ______________________________________________ Declarant’s Signature Date

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Bid Number 3400

ANTI-COLLUSION CERTIFICATE

The offeror certifies that this bid is made without prior understanding, agreement or connection with any corporation, firm or person submitting a bid for the same product and that this bid is in all respects bona fide, fair and not the result of any act of fraud or collusion with another person or firm engaged in the same line of business or commerce. The bidder understands collusive bidding is a violation of federal law and that any false statement hereunder constitutes a felony and can result in fines, imprisonment, as well as civil damages. The bidder also understands that failure to sign this statement will make the bid non-responsive and unqualified for award. Signed: __________________________________________________ Date: ______________________________

Company: __________________________________________________

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Bid Number 3400

TO ALL PROSPECTIVE VENDORS: The City of Gadsden receives many requests to be placed on our vendor list, therefore, we must continually update. We want to include all vendors; however, we do not want to send notifications to those vendors who may no longer be interested in participating in our solicitation procedure. If you do not choose to respond to the attached Request for Proposal, please fill in the form below indicating whether or not you want to be retained on our current vendor’s list. Vendors who do not respond in either way (by either submitting a proposal or by returning the form below) over a period of one year will be removed from the vendors list.

If you desire to submit a ‘No Bid’, please indicate by checking one or more of the reasons listed below. Please note on the return envelope, ‘No Bid’ and include the Bid Number. Return to City of Gadsden, ATTN: Iva Nelson, City Clerk, 90 Broad Street, Gadsden, AL 35902. □ Unable to bid at this time. Would like to receive future bids. □ Do not offer this product or service. Remove us from this item only. □ Remove us from your Vendor/Bidder List.

This page must be returned only if you are not bidding.

______________________________________________________ ___________________________________________________ Company Name Signature of Person Completing Form ______________________________________________________ ___________________________________________________ Street Address Name of Person Completing Form (typed or printed) ______________________________________________________ ___________________________________________________ City, State, Zip Title ______________________________________________________ ___________________________________________________ Bid Number Date

INVITATION TO BID - City of Gadsden

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