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CITY OF HOUSTONHOUSTON AIRPORT SYSTEM

INVITATION TO BID (ITB)SOLICITATION NO.: HBH-WIFI-2016-035 WIFI MAINTENANCE SERVICES

Date Issued: June 17, 2016

Pre-Bid Conference: June 30, 2016 @ 10:00 A.M.Houston Airport System, Supply Chain Management18600 Lee RoadHumble, TX 77338

Bidder Questions Deadline: July 7, 2016 @ 4:00 P.M.

Bid Due Date: July 21, 2016 @ 10:30 A.M.

Solicitation Contact Person: BJ HubbardSr. Procurement Specialist, Houston Airport System [email protected]

Richard HrachovyInterim Procurement Officer, Houston Airport [email protected]

Project Summary: Five year contract for a firm to provide WIFI maintenance services for the Houston Airport System in William P. Hobby and George Bush Intercontinental Airports.

MWBE Goal: 5%

mailto:[email protected]

CITY OF HOUSTONINVITATION TO BID

Issued: June 17, 2016

BID OPENINGSealed bids (labelled with the company name, address and bid number), one (1) original marked “Original” and two (2) copies of the bids will be received by the City Secretary of the City of Houston, in the City Hall Annex, Public Level, 900 Bagby, Houston, Texas 77002, until 10:30 a.m., Thursday, July 21, 2016 and all bids will be opened and publicly read in the City Council Chamber, City Hall Annex, Public Level, 900 Bagby at 11:00 AM on that date for the purchase of:

WIFI MAINTENANCE SERVICESFOR HOUSTON AIRPORT SYSTEM

BID INVITATION NO.: HBH-WIFI-2016-035NIGP CODE: 91579

BUYERQuestions regarding this solicitation document should be addressed to BJ Hubbard at 281.230.8014, or e-mail to [email protected].

PRE-BID CONFERENCEA Pre-Bid Conference will be held for all Prospective Bidders at 18600 Lee Road, 1st Floor, Room 113, Humble, Texas 77338 at 10:00 A.M. CST on Thursday June 30, 2016.

All Prospective Bidders are urged to be present. It is the Bidder’s responsibility to ensure that they have secured and thoroughly reviewed the solicitation documents prior to the Pre-Bid Conference. Any revisions to be incorporated into this solicitation document arising from discussions before, during and subsequent to the Pre-Bid Conference will be confirmed in writing by Letter(s) of Clarification prior to the bid due date. Verbal responses will not otherwise alter the specifications, and terms and conditions as stated herein.

Bidding forms, specifications, and all necessary information should be downloaded from the Internet at http://fly2houston.com By registering and downloading this solicitation document, all updates to this solicitation document will be automatically forwarded via e-mail to all registered Bidders.

The place of the bid opening may be transferred in accordance with Paragraph (b), (5) of Section 15-3 of The Code of Ordinances, Houston, Texas. The bid opening meeting may be rescheduled in accordance with Paragraph (b), (6) of said Section 15-3.

The City reserves the right to cancel, reject any or all bids or to accept any bid or combination of bids deemed advantageous to it.

City Employees are prohibited from bidding on this solicitation in accordance with the Code of Ordinances, Section 15-1.

*CONTENTS:SECTION A: OFFERSECTION B: SCOPE OF WORK/SPECIFICATIONSSECTION C:GENERAL TERMS & CONDITIONS

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*NOTE 1: Actual page numbers for each Section may change when the solicitation document is downloaded from the Internet or because of Letters of Clarification. Therefore, Bidders must read the bid document in its entirety and comply with all the requirements set forth therein.

NOTE 2: To be considered for award, bidder must submit the bid form and the forms listed in Section A, including the Official Signature Page, which must be signed by a company official authorized to bind the company.

INSTRUCTIONS for BIDDING and TERMS & CONDITIONS

1. All bids must show the full name of the firm bidding and must be on forms furnished by Supply Chain Management, Houston Airport System, and must be written in ink or typed. Pencil quotations will not be considered. Two bids should be filed and at least one copy of the Bid Form must be manually signed in ink by an authorized officer of the company and title must be shown. Obligations assumed by the signature must be fulfilled. The bid number, title of the bid, and the bid due date must be shown on the front of the envelope(s) containing the Bid Form.

2. TIME AND DATE: Bids MUST be in the Office of City Secretary, City Hall Annex, Public Level, 900 Bagby, Houston, Texas 77002 at or before 10:30 A.M. on the day bids are due; an early postmark will not suffice. Be sure you have allowed ample time for postal delivery. CAUTION: Bids mailed on the day before bids are due may not be received in time to be considered.

3. WITHDRAWAL OF BID: A bidder may withdraw its offer before the expiration of the time during which the offer may be submitted, without prejudice, by submitting a written request for its withdrawal to the City Secretary.

4. The Official Bid Form should indicate the Unit Price for the specified item/service and the Total Price after multiplying the Estimated Quantity times the Unit Price. In case of conflict between Unit Price and the Total Price once computed using the Estimated Quantity, the Unit Price shall control. The Unit Price shall be inclusive of all costs, including insurance and transportation costs. Cash discounts will not be considered in the award of bids.

5. Bidders shall not be permitted to change price after bids are opened.

6. Provisions of the City’s Official Bid Form, Specifications, and General Terms & Conditions must not be altered. Any erasure or alteration of figures or terms may invalidate the bid on the item on which the erasure or alteration is made. Submission or attachment of company “Quotation Forms” containing alternative terms and/or conditions is not acceptable and may result in your bid being determined as non-responsive.

7. Bids will not be considered in cases in which bidder quotes an item price and also an alternate price on a proposed substitute item, except in cases in which alternate bids are called for. If bidder wishes to submit more than one bid on the same item, separate Bid Forms for each bid, complete with its own original signature page, must be submitted.

8. All bids are for delivery not later than the time stated in the specifications, F.O.B. the point of delivery stated in the Specifications and/or Bid Form.

9. Bidders are invited to be present at the opening of bids. After opening, bids may be inspected in the City Secretary's Office, City Hall Annex, Public Level, 900 Bagby, Houston, Texas 77002.

10. If your firm chooses not to submit a bid, please complete the No Bid Sheet at the back of this bid document and forward it to the Buyer listed on the bottom of the form.

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11. Cost of Bid/Proposal Preparation: The City shall not reimburse the cost of developing, presenting or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner.

12. Contact with anyone other than the Houston Airport System’s Supply Chain Management Representative concerning this bid may result in immediate disqualification of your firm.

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SECTION A

WIFI MAINTENANCE SERVICESFOR THE HOUSTON AIRPORT SYSTEM

BID INVITATION NO.: HBH-WIFI-2016-035NIGP CODE: 91579

To The Honorable Mayorand Members of the City Councilof the City of Houston (the “City”), Texas:

The undersigned Bidder hereby offers to contract with the City upon the terms and conditions stated in that certain "Contract for providing WIFI Maintenance Services for a five year period for the HOUSTON AIRPORT SYSTEM.” which was distributed by the City together with the "Notice to Bidders" and is hereby incorporated herein by this reference (the "contract"). This offer is made at the prices stated on the electronic bid form. When issued by the City of Houston, Letters of Clarification shall automatically become part of this bid document and shall supersede any previous specifications or provisions in conflict with the Letters of Clarification. It is the responsibility of the Bidder to ensure that it has obtained all such letters. By submitting a bid on this project, Bidder shall be deemed to have received all Letters of Clarification and to have incorporated them into its bid.

The City may accept this bid offer by issuance of a contract covering award of said bid to this Bidder at any time on or before the 180th day following the day this Official Bid Form is opened by the City. This offer shall be irrevocable for 180 days, but shall expire on the 181st day unless the parties mutually agree to an extension of time in writing.

The City of Houston reserves the option, after bids are opened, to increase or decrease the quantities listed, subject to the availability of funds, and/or make award by line item.

If the City accepts the foregoing offer, this Bidder promises to deliver to the City Chief Procurement Officer of the City, five (5) original counterparts of said contract duly executed by this Bidder (as "Contractor") in accordance with this paragraph, proof of insurance as outlined in Article II of the contract, all on or before the tenth (10th) day following the day this Bidder receives from the City the unsigned counterparts shall be executed so as to make it binding upon the Bidder, and all of the applicable requirements stated in the document entitled "Instructions for Execution of Contract Documents," (which was distributed by the City) shall be complied with.

The City reserves the right to cancel this ITB, accept or reject, in whole or in part, any or all bids received and to make award on the basis of individual items or combination of items, as it is deemed in the best interest of the City.

If the City accepts the foregoing offer, this Bidder shall furnish all labor, supervision, materials, supplies, equipment and tools necessary to provide WIFI Maintenance Services at the City of Houston’s three airports in accordance with attached specifications.

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OFFICIAL BID FORMSOLICITATION NO.: BHB-WIFI-2016-035

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SECTION A.1 SUMMARY

Item Description Amount

A.2 Basic Service - 5 Year Total $ ____________

A.3 Other/Work Services Labor - 5 Year Total $ ____________

Five (5) Year Grand Total $ ____________

A.2. Basic Services

Item A.2-1 (Yr.1) $ ____________

Item A.2-2 (Yr.2) $ ____________

Item A.2-3 (Yr.3) $ ____________

Item A.2-4 (Yr.4) $ ____________

Item A.2-5 (Yr.5) $ ____________

TOTAL BASIC SERVICES YRS 1-5 $ ____________

A.3. OTHER WORK/SERVICES (Labor & Materials)

Item A.3-1 (Yr.1) $ ____________

Item A.3-2 (Yr.2) $ ____________

Item A.3-3 (Yr.3) $ ____________

Item A.3-4 (Yr.4) $ ____________

Item A.3-5 (Yr.5) $ ____________TOTAL OSR (Labor & Materials) YRS 1-5

$ ____________

SECTION A.2 – BASIC SERVICESFlat rate for all labor, supervision, supplies, instruments, tools, equipment, transportation, and software support required to perform all Preventative and Remedial Maintenance and labor for Moves/Adds/Changes (MACS).

A.2-1 Year 1

Item Description of Services Cost Total Cost

A.2-1-1 24x7 Call Center and end user support services.

Monthly cost $__________ X 12 = $ ___________

A.2-1-2 24x7 network operations center (NOC) monitoring of the supporting $ ___________

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Cisco data network (core and edge switches).

Monthly cost $__________ X 12 =

A.2-1-3 24X7 network operations center (NOC) monitoring of the deployed Aruba Networks Wi-Fi system. Includes, 24X7 Aruba TAC Access. Monthly cost

$__________ X 12 = $ ___________ A.2-1-4 24X7 network operations center

(NOC) monitoring Palo Alto firewalls. Includes 4-hour onsite response for critical failures.

Monthly cost $__________ X 12 = $ ___________

A.2-1-5 Load new HAS provided maps (assume 44 maps) into Aruba Meridian App and place beacons on new maps. Year 1 Cost = $ ___________

A.2-1-6 Provide quarterly system reviews and report findings to owner including recommendations to improve network performance.

Quarterly cost $__________ X 4 = $ ___________

A.2-1-7 Support for 128 Access Point License, SN5-LIC-128-AP.

5-year cost $__________ = $ ___________


5-year cost $__________ = $ ___________


5-year cost $__________ = $ ___________


5-year cost $__________ = $ ___________

A.2-1-11 Support for Security Software License (128 Access Point), SN5-LIC-SEC-128.

5-year cost $__________ = $ ___________

A.2-1-12 Support for Security Software License (16 Access Point), SN5-LIC-SEC-16. 5-year cost

$__________ = $ ___________A.2-1-13 Support for Security Software License

(32 Access Point), SN5-LIC-SEC-32. 5-year cost $__________ = $ ___________

A.2-1-14 Support for Security Software License (384 Access Point), SN5-LIC-SEC-384.

5-year cost $__________ = $ ___________

A.2-1-15 Support for Aruba AirWave license for 200 devices, SA5-AW-200.

5-year cost $__________ = $ ___________

A.2-1-16 Support for Aruba AirWave license for 500 devices, SA5-AW-500.

5-year cost $__________ = $ ___________

A.2-1-17 Support for Aruba ClearPass Guest License 10,000 endpoints, SA5-LIC-CP-GM-10K.

5-year cost $__________ = $ ___________

A.2-1-18 Support for Aruba ClearPass Guest License 5,000 endpoints, SA5-LIC-CP-GM-5K.

5-year cost $__________ = $ ___________

A.2-1-19 Support for Aruba ALE AP licenses, SN5-LIC-ALE-1

5-year cost $__________ = $ ___________

A.2-1-20 Palo Alto threat prevention subscription 1-year prepaid renewal, PA-5020.

Annual cost $__________ = $ ___________

A.2-1-21 Palo Alto URL filtering subscription 1-year prepaid renewal, PA-5020.

Annual cost $__________ = $ ___________

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Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________

A.2-1-24 Aruba Meridian App Platform Service subscription renewal for every 250,000 square feet, SUB1-MR-SWF-100.

Annual cost $__________ X 6 = $ ___________

A.2-1-25 Hardware maintenance including next day replacement, software patches, and software upgrades for Aruba Controller, SN5-7220-US. 5-year cost

$__________ = $ ___________A.2-1-26 Hardware maintenance including next

day replacement, software patches, and software upgrades for Aruba Controller, SN5-7240-US. 5-year cost


day replacement for 350W AC power supply, SN5-PSU-350-AC.

5-year cost $__________ = $ ___________

A.2-1-28 Hardware maintenance including next day replacement for Aruba SFP+, SN5-SFP-10GE-SR.

5-year cost $__________ = $ ___________

A.2-1-29 Hardware maintenance including next day replacement, software patches, and software upgrades for Aruba ClearPass Policy Manager 25K appliance, SN5-CP-HW-25K. 5-year cost


day replacement, software patches, and software upgrades for Aruba ClearPass Policy Manager 5K appliance, SN5-CP-HW-5K. 5-year cost


day replacement, software patches, and software upgrades for Aruba AirWave appliance, SA5-AW630-PRO.

5-year cost $__________ = $ ___________

A.2-1-32 Hardware maintenance including next day replacement, software patches, and software upgrades for Aruba AirWave appliance, SA5-AW630-PRO.

5-year cost $__________ = $ ___________

Basic Services (A.2-1) Year 1 Total $ ___________

A.2-2 Year 2



Monthly cost $__________ X 12 = $ ___________

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A.2-2-2 24x7 network operations center (NOC) monitoring of the supporting Cisco data network (core and edge switches).

Monthly cost $__________ X 12 = $ ___________




Monthly cost $__________ X 12 = $ ___________

A.2-2-5 Replace deployed beacon batteries (approx. 4000). Year 2 cost

$__________ =$ ___________

A.2-2-6 Perform system audit inspection inventory of physical hardware and wireless RF survey.

Year 2 cost $__________ = $ ___________


Quarterly cost $__________ X 4 = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________

Aruba Meridian App Platform Service subscription renewal for every 250,000 square feet, SUB1-MR-SWF-100.

Annual cost $__________ X 6 = $ ___________


A.2-3 Year 3



Monthly cost $__________ X 12 = $ ___________


Monthly cost $__________ X 12 = $ ___________



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Monthly cost $__________ X 12 = $ ___________

A.2-3-5 Load new HAS provided maps (assume 44 maps) into Aruba Meridian App and place beacons on new maps. Year 3 Cost = $ ___________


Quarterly cost $__________ X 4 = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ X 6 = $ ___________


A.2-4 Year 4



Monthly cost $__________ X 12 = $ ___________


Monthly cost $__________ X 12 = $ ___________




Monthly cost $__________ X 12 = $ ___________

A.2-4-5 Replace deployed beacon batteries (approx. 4000). Year 4 cost

$__________ =$ ___________

A.2-4-6 Perform annual system audit inspection inventory of physical hardware and wireless RF survey.

Year 4 cost $__________ = $ ___________

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Quarterly cost $__________ X 4 = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ X 6 = $ ___________


A.2-5 Year 5



Monthly cost $__________ X 12 = $ ___________


Monthly cost $__________ X 12 = $ ___________




Monthly cost $__________ X 12 = $ ___________


Quarterly cost $__________ X 4 = $ ___________


Annual cost $__________ = $ ___________

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Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ = $ ___________


Annual cost $__________ X 6 = $ ___________


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SECTION A.3 – OTHER/WORK SERVICESFlat rate for all labor, supervision, supplies, instruments, tools, equipment, transportation, and software support required to perform all requested maintenance and labor for Moves/Adds/Changes (MACS).

A.3-1 Year 1


A.3-1-1 Project Manager – normal business hours.

Hourly Rate $__________ X 35 = $ ___________

A.3-1-2 Engineer – normal business hours. Hourly Rate $__________ X 60 = $ ___________

A.3-1-3 Technician/Installer – normal business hours.

Hourly Rate $_________ X 350 = $ ___________

A.3-1-4 Project Manager – after hours / weekend / holiday.

Hourly Rate $__________ X 35 = $ ___________

A.3-1-5 Engineer – after hours / weekend / holiday.

Hourly Rate $__________ X 60 = $ ___________

A.3-1-6 Technician/Installer – after hours / weekend / holiday.

Hourly Rate $_________ X 350 = $ ___________

Other Work Services (A.3-1) Year 1 Total $ ___________

A.3-2 Year 2



Hourly Rate $__________ X 35 = $ ___________



Hourly Rate $_________ X 350 = $ ___________


Hourly Rate $__________ X 35 = $ ___________


Hourly Rate $__________ X 60 = $ ___________


Hourly Rate $_________ X 350 = $ ___________


A.3-3 Year 3



Hourly Rate $__________ X 35 = $ ___________


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Hourly Rate $_________ X 350 = $ ___________


Hourly Rate $__________ X 35 = $ ___________


Hourly Rate $__________ X 60 = $ ___________


Hourly Rate $_________ X 350 = $ ___________


A.3-4 Year 4



Hourly Rate $__________ X 35 = $ ___________



Hourly Rate $_________ X 350 = $ ___________


Hourly Rate $__________ X 35 = $ ___________


Hourly Rate $__________ X 60 = $ ___________


Hourly Rate $_________ X 350 = $ ___________


A.3-5 Year 5



Hourly Rate $__________ X 35 = $ ___________



Hourly Rate $_________ X 350 = $ ___________


Hourly Rate $__________ X 35 = $ ___________


Hourly Rate $__________ X 60 = $ ___________


Hourly Rate $_________ X 350 = $ ___________


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WIFI MAINTENANCE AT THE HOUSTON AIRPORT SYSTEM

SOLICITATION NO.: HBH-WIFI-2016-035

OFFICIAL SIGNATURE PAGE

The respondent warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability or, at its discretion, to deduct from the contract prices or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

The undersigned hereby offers to furnish and deliver the goods and/or services as specified at the prices and terms herein stated and in accordance with the Invitation to Bid, Clarification Letters, and General Terms & Conditions, all of which are made a part of this offer.

All pages of the City of Houston's bid document including but not limited to the General Terms & Conditions and page five of this invitation are incorporated by reference into for all purposes.

The undersigned, as bidder, certifies that the only person or parties interested in this proposal as principals are those named herein; that the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the award of this Contract.

THIS BIDDER IS AND REPRESENTS THAT IT IS AN EQUAL OPPORTUNITY EMPLOYER. NOTE: BID MUST BE SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER, WHICH MUST BE THE ACTUAL LEGAL ENTITY THAT WILL PERFORM THE CONTRACT IF AWARDED.

SUBMIT YOUR BID IN DUPLICATEBID MUST BE MANUALLY SIGNED IN

INK(BLUE INK PREFERRED)

Respectfully Submitted:

Bidder: ___________________________________________ (Print or type name of Bidder - Full Company Name)

Supplier Number: ___________________________________

Federal Identification Number: _______________________

By:_____________________________________________(Signature of Authorized Officer or Agent)

Name:___________________________________________

Title: ___________________________________________

Date: ___________________________________________

_________________________________________________Address (Street or P.O. Box)

_________________________________________________City-State-Zip Code

Telephone Number: (_____)________________________

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Email Address:____________________________________

FAX Number: (_____)______________________________

Documents/forms can be downloaded from the City’s Website: http://purchasing.houstontx.gov/forms.html.

Additional Required Forms to be included with this Bid:

In addition to the Bid Form and the Official Signature Page, the Forms listed in Table 1 must be completed and submitted to the Office of the City Secretary on or before the date and time the bid is due. When submitting bids via UPS/FedEx, etc. please label it with the name:

Office of the City SecretaryCity Hall Annex, Public Level900 BagbyHouston, Texas 77002

TABLE 1 - REQUIRED FORMS00450 Bidder’s Statement of MBE/WBE Status00452 Fair Campaign Ordinance 00453 Statement of Residency 00454 Affidavit of Non-interest 00455 Affidavit of Ownership 00457 Conflict of Interest Questionnaire 00460 Pay or Play Program Acknowledgement Form 00461 Hire Houston First Application and Affidavit 00470 Bidder’s MWSBE Participation Plan 00471 Pre-Bid Good Faith Efforts (if goal not met)00472 Bidder’s MWSBE Goal Deviation Request (if goal not met)00480 Form SCM-1 Reference Verification 00481 Anti-Collusion Statement Complete Reference FormArubaPro Dealer Certification

Table 2 lists other documents and forms that should be viewed/downloaded from the City’s website, but are not required to be submitted with the bid. The City will request these forms, as applicable, to be completed and submitted to the City by the recommended/successful bidder:

TABLE 2 - DOCUMENTS & FORMS00570 Contractor’s MWSBE Participation Plan00571 Post-Bid Good Faith Efforts (If goal not met)00572 Contractor’s Goal Deviation Request (If goal not met)00600 List of Proposed Subs and Suppliers00601 Drug-Policy Compliance Agreement00604 History of OSHA Actions

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http://purchasing.houstontx.gov/forms.html

00605 List of Safety Impact Positions00610 Performance Bond00620 Affidavit of Insurance00621 City of Houston Certificate of Insurance HOU300624 Certificate of compliance w/ Affirmative Action00630 Agreement to Comply with Pay or Play (POP)00631 List of Subs – POP Program00632 EEOC 00636 Certificate of Interested Parties FORM 1295

Requests for additional information and questions should be addressed to the Houston Airport System, Supply Chain Management, Attn: BJ Hubbard: e-mail (preferred method) to [email protected]. no later than 4:00 p.m., July 7, 2016 CST. HAS shall provide written response to all questions received in writing before the submittal deadline. Questions received from all Proposer(s) shall be answered and posted on HAS website www.fly2houston.com. Bidder(s) shall be notified by LOC of any changes in the specifications and LOC will be posted on HAS’s website www.fly2houston.com under the doing business tab, “doing business with HAS”. It is the Bidder(s) responsibility to ensure that they secure all correspondence.

SITE INSPECTION

The City of Houston reserves the right to inspect the Bidder’s current place of business to evaluate equipment condition and capabilities, staff experience, training and capabilities, and storage capabilities as they relate to the performance of this contract.

QUALITY AND WORKMANSHIP

The bidder must be able to demonstrate upon request that it has satisfactorily performed services similar to the services specified herein. The Bidder will provide records of warranty and repair services upon request by City. The City of Houston shall be the sole judge as to whether the services performed are similar to the scope of services contained herein and whether the Bidder is capable of performing such services.

PROTESTS

1. An interested party may file a protest on the basis that the City has failed to comply with applicable federal or state law or with City ordinances. The subject of the protest shall be limited to fraud, corruption, or illegal acts undermining the objectivity and integrity of the procurement process. A protest must be filed in accordance with the timing requirements set forth herein and must include:

a. The name, address, telephone number, and email address of the protestor.b. The number of the solicitation.c. Information confirming that the protestor is an interested party.d. A written statement of the grounds for the protest and the law or ordinance alleged to have been

violated. The statement shall be accompanied by relevant supporting documentation and the relief requested.

c. The signature of the protestor.

2. Protests shall be submitted to:

Chief Procurement Officer, City of Houston, of 60

http://www.fly2houston.com/

http://www.fly2houston.com/

901 Bagby, B300 Houston, TX 77002.

3. The City recognizes three types of protests:

a. Protests regarding solicitation (Pre-Submission Protest)Any Pre-Submission Protest regarding a solicitation published by the City shall be filed no later than five days before the opening of bids (if a competitive bid) or due date for submittals or proposals (if an RFP/RFQ), as applicable.

b. Protests regarding the evaluation or rejection of bids, qualifications, or proposals (Pre-Award Protest)Any Pre-Award Protest regarding the evaluation of bids, qualifications, or proposals by the City must be filed no later than five business days prior to the City Council meeting at which the award appears on the agenda.

c. Protests made after City Council’s decision to award a contract (Post-Award Protest)Any protest regarding the award of a contract must be submitted no later than five calendar days after the date of the award.

d. Any protest received after the applicable deadline will not be considered.

NO CONTACT PERIOD

Neither Proposer(s) nor any person acting on Proposer(s)'s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Houston, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated City Representative identified on the first page of the solicitation. Upon issuance of the solicitation through the pre-award phase and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award, aside from Proposer's formal response to the solicitation, through the pre-award phase, written requests for clarification during the period officially designated for such purpose by the City Representative, neither Proposer(s) nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City of Houston, their families or staff through written or oral means in an attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any Proposer. However, nothing in this paragraph shall prevent a Proposer from making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council committee convened to discuss a recommendation regarding the solicitation.

HIRE HOUSTON FIRST

Designation as a City Business or Local Business

To be designated as a City or Local Business for the purposes of the Hire Houston First Program, as set out in Article XI of Chapter 15 of the Houston City Code, a bidder or proposer must submit the Hire Houston First Application and Affidavit (Document 00461 “HHF Affidavit”) to the Director or designee of the Mayor’s Office of Business Opportunities and receive notice that the submission has been approved prior to award of a contract. Bidders are encouraged to secure a designation prior to submission of a bid or proposal if at all possible.Download the HHF Affidavit from the Office of Business Opportunities Webpage at the City of Houston e-Government Website at the following location:

http://www.houstontx.gov/hbsc/hirehoustonfirstaffidavit.pdf

Award of a Procurement of $100,000 or More for Purchase of Goods: of 60

http://www.houstontx.gov/hbsc/hirehoustonfirstaffidavit.pdf

THE CITY WILL AWARD THIS PROCUREMENT TO A “CITY BUSINESS,” AS THAT TERM IS DEFINED IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES (“THE CODE”)

IF THE BID OF THE CITY BUSINESS IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 3% OF THE LOWEST BID RECEIVED, AND

UNLESS THE USER DEPARTMENT DETERMINES THAT SUCH AN AWARD WOULD UNDULY INTERFERE WITH CONTRACT NEEDS, AS PROVIDED IN SECTION 15-181 OF THE CODE.

IF THERE IS NO BID OF A CITY BUSINESS THAT MEETS THESE CRITERIA, THE CITY WILL AWARD THE PROCUREMENT TO THE LOWEST RESPONSIBLE BIDDER.

Award of Procurement under $100,000 for Purchase of Goods:

THE CITY WILL AWARD THIS PROCUREMENT TO A ” CITY BUSINESS,” AS THAT TERM IS DEFINED IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES (“THE CODE”)



IF THERE IS NO BID OF A CITY BUSINESS THAT MEETS THESE CRITERIA, THE CITY WILL AWARD THE PROCUREMENT TO THE LOWEST RESPONSIBLE BIDDER

Award of Procurement that may be More or Less than $100,000 for Purchase of Goods:


IF THE BID OF THE CITY BUSINESS IS LESS THAN $100,000 AND IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 5% OF THE LOWEST BID RECEIVED, OR

IF THE BID OF THE CITY BUSINESS IS MORE THAN $100,000 AND IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 3% OF THE LOWEST BID RECEIVED, AND


IF THERE IS NO BID OF A CITY BUSINESS THAT MEETS THESE CRITERIA, THE CITY WILL AWARD THE PROCUREMENT TO THE LOWEST RESPONSIBLE BIDDER.

Award of Procurement of $100,000 or More for Purchase of Non-Professional Services , Including Construction Services:


IF THE BID OF THE LOCAL BUSINESS IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 3% OF THE LOWEST BID RECEIVED, AND


IF THERE IS NO BID OF A LOCAL BUSINESS THAT MEETS THESE CRITERIA, THE CITY WILL AWARD THE PROCUREMENT TO THE LOWEST RESPONSIBLE BIDDER

Award of Procurement under $100,000 Purchase of Non-Professional Services Including Construction Services:

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THE CITY WILL AWARD THIS PROCUREMENT TO A “LOCAL BUSINESS,” AS THAT TERM IS DEFINED IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES


UNLESS THE USER DEPARTMENT DETERMINES THAT SUCH AN AWARD WOULD UNDULY INTERFERE WITH CONTRACT NEEDS, AS PROVIDED N SECTION 15-181 OF THE CODE.


Award of Procurement that may be More or Less than $100,000 for Purchase of Non-Professional Services, Including Construction Services:

THE CITY WILL AWARD THIS PROCUREMENT TO A ” LOCAL BUSINESS,” AS THAT TERM IS DEFINED IN SECTION 15-176 OF THE CITY OF HOUSTON CODE OF ORDINANCES (“THE CODE”)

IF THE BID OF THE LOCAL BUSINESS IS LESS THAN $100,000 AND IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 5% OF THE LOWEST BID RECEIVED, OR

IF THE BID OF THE LOCAL BUSINESS IS MORE THAN $100,000 AND IS THE LOWEST RESPONSIBLE BID OR IS WITHIN 3% OF THE LOWEST BID RECEIVED, AND



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SECTION BSCOPE OF WORK/SPECIFICATIONS

1.0 GENERAL:

1.1 The Houston Airport System (HAS) operates the City of Houston’s three (3) Airports:1.1.1 George bush Intercontinental Airport/Houston (IAH)1.1.2 William P. Hobby Airport (HOU)

1.1.2 Ellington Airport (EFD)

1.2 Public WIFI System Components and associated Public Data Network components are located in the following areas:

1.2.1 IAH – Federal Inspection Service (FIS) building1.2.2 IAH – FIS Garage1.2.3 IAH – Terminal A1.2.4 IAH – Terminal A Garage1.2.5 IAH – Terminal B1.2.6 IAH – Terminal B Garage1.2.7 IAH – AB Garage1.2.8 IAH – Terminal C1.2.9 IAH Terminal C Garage1.2.10 IAH – Terminal D1.2.11 IAH – Terminal E1.2.12 IAH – Consolidated Rental Car Facility (CRCF)1.2.13 IAH – Administration Complex (WIFI head end components only)1.2.14 HOU – Terminal Building and Concourse (including new West Concourse expansion)1.2.15 HOU – Existing Garage1.216 HOU – New Garage

2.0 PEFORMANCE WORK STATEMENT

2.1 HAS seeks a long-term (5-year) maintenance agreement for the Public WIFI System at George Bush Intercontinental Airport (IAH) and William P. Hobby Airport (HOU) with a Certified ArubaPro dealer. All Work shall be in accordance with the highest standards prevailing in the industry, as well as applicable codes, rules, regulations laws. HAS Information Technology standards, and practices governing the Work. These standards will be achieved by continuous improvement through open communications with HAS, regular management reviews and industry guidelines.

2.2 The Work provided by Contractor includes Basic Services and Other Work/Services.

3.0 BASIC SERVICES

3.1 Contractor shall provide the following Public WIFI and Public Data Network Maintenance and Support services:

3.1.1 ArubaTAC Access Provide 24X7 priority access to Aruba’s TAC to quickly address any HAS support issues.

3.1.2 Advanced Hardware Replacement - Aruba WIFI Components only

3.1.2.1 Ship any replacement components for next business day delivery. Stock locally spares for mobility access controllers, appliances, access points, antennas.

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3.1.3 Contractor shall provide a list of critical components and its advance replacement parts loaners) to support the Public WIFI network while the failed component(s) is being repaired.

3.2 Software Releases

3.2.1 Provide and install applicable software updates, including minor updates and major feature releases, to the Aruba Public WIFI system for HAS as part of this maintenance scope in order to ensure peak performance and reliable WIFI service.

3.3 Technical Assistance

3.3.1 Provide access to a dedicated, Aruba Certified Engineer(s) assigned as the lead support Engineer(s) for the Houston Airport System. The Engineer(s) and managed resources will be responsible for:

3.3.1.1 Providing assistance with product license keys.3.3.1.2 Providing status of RMA’ed products.3.3.1.3 Helping to determine basic entitlements (contracts, assets associated with contracts).3.3.1.4 Support site access and administration.

3.3.1.4 Priority routing of new or existing TAC cases.

3.4 Time Based Escalations

3.4.1 Provide ticket based escalation system to track and ensure timely response for 24 X 7 hourly coverage. Contractor will respond within 4 hour on-site for major outages and within 24 hour on-site for minor outages.

On-site AP replacement Replace any defective access points or antennas within 48 hours.

Beacon Battery Replacement Replace beacon batteries Year 2 and Year 4 of the contract.

Meridian MobileApp Map Maintenance Load HAS provided maps into Aruba Meridian App and place beacons on Maps Year 1 and Year 3 of the contract.

System Audit Perform onsite system audit to include inspection of physical hardware and inventory of equipment and wireless site survey Year 2 and Year 4 of the contract. Support documentation including any recommended changes will be developed.

Network Documentation Maintain network documentation to include both Aruba Public WIFI network and Cisco Public data network.

Quarterly System Tuning and Reporting Provide quarterly system reviews to ensure service levels are being met and make recommendations improving network performance.

Annual Licensing Maintenance Maintain all required licensing for the operation of the Aruba Public WIFI network and Palo Alto Public network firewalls.

Network Operations Center (NOC)Monitoring Support Provide real time tuning of the Public Aruba WIFI network and monitoring of the Public Cisco data network through a central in-house NOC including reactive and proactive network responses based on correlated events. Maintain uptime based up on an SLA of an uptime 99.97% rate on the mobility

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access controllers. Access Points will not have the same SLA, and will be replaced within 48 hours of an outage (maintain local Houston spares of all required equipment)

Customer Call Center Support Provide end-user call center support for HAS Public WIFI customers to include:

o Provide and maintain toll free dial-in phone number.o Provide 24/7/365 coverage for call in support.o Work with HAS to develop call center scripts.o Support passengers and customers in connecting to the public wireless network and the

internet.o Provide call-in metrics to HAS.

Basic Services shall be inclusive of all support staff, small tools, and equipment at the time Work is required; insurance, transportation and other incidentals required to accomplish the Work; and disposal of materials replaced during the performance of the Basic Services.

All records, drawings, and documentation are the property of HAS. All documentation shall be provided in electronic format and is considered security sensitive information.

4.0 OTHER WORK/SERVICES

Within the general scope of the Agreement, other Work/Services may be required for systems, components, equipment and services to meet desired conditions and/or services not covered in the Basic Services of the Agreement. Other Work/Services shall be provided by Contractor on an “as needed” basis and then, only after receipt of a written other Work Services Request (OSR), signed by the Director. Other Work/Services include, but are not limited to the following:

Upgrades/Modification Additional equipment and or parts needed for replacement and expansion. Repair or replace components damaged by vandalism, force majeure, or other third parties as

determined by the Director.

5.0 PERFORMING OTHER WORK/SERVICES

Contractor will provide labor, hardware, and licensing fee schedule to support future OSR(s). o Labor categories are to include Project Manager, Engineer, and Technician. Provide pricing

for both normal business hour and after hour/holiday support for the following quantity of hours:

Project Manager – 35 Hours Engineer – 60 Hours Technician/Installer – 350 Hours

o Provide discount off list price for all Aruba hardware and software components.o HAS will pay a maximum 5% mark-up on all non-Aruba components.

Before issuing an OSR, the Director or his designee will first issue a written notice to Contractor detailing the specific Other Work/Services to be performed by Contractor.

In response to any such written notice, Contractor shall provide Director with a written proposal within 3 business days of receipt of OSR Request. The proposal must include a description of the services to be performed, applicable labor rates set forth in the pricing schedule, estimated labor hours, performance schedule, total estimated cost, and any other requirements set forth in the written notice to Contractor.

Contractor shall furnish all materials, labor, tools, equipment, transportation, and incidentals for accomplishing the described services or as otherwise specified by Director. Director will not

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approve an OSR without a specified completion date. Contractor shall complete a request of an extension to the completion date. However, Director may or may not allow the extension. Director’s decision is final.

Upon receipt of Contractor’s proposal, Director has the option to reject Contractor’s proposal, require resubmission with revised or additional information, or issue an OSR. Should Director reject Contractor’s proposal and require resubmission, Contractor shall resubmit a modified proposal within 3 business days of the rejection.

Upon approval by Director of the modified proposal, an OSR will be issued. Contractor shall commence Work as stated in the OSR.

Labor costs must not exceed the rate schedule submitted.

When other Work/Services have been completed, a copy of the approved OSR must accompany the monthly invoice.

While performing Work on any OSR, if hidden damage or additional cost is discovered. Contractor shall notify Director immediately. After determining the extent of hidden damage a supplemental OSR must be submitted.

In the case of emergency service, Contractor may perform Other Work/Services upon the verbal approval of director. However, during the next business day, Director will submit a written Emergency Service Request to the Contractor.

If it is determined an Other Work/Services scope of Work should be covered under Basic Services, any amount paid to the Contractor under Other/Services Request will be reimbursed to the City by the Contractor.

6.0 TRAINING Contractor shall provide a three day training seminar and annual five day factory training course for

HAS personnel (maximum seven employees) for Aruba products that include hardware, software and operational training at Contractor’s facility. HAS is responsible for transportation and lodging of its employees for training.

7.0 PERSONNEL REQUIREMENTS

Contractor shall comply with the following Personnel Requirements:

GENERAL Contractor shall provide a list of all Contractor employees to HAS. The list must state each

employee’s name, job title, and assigned responsibilities. List of personnel shall be provided within 10 days after Notice to Proceed.

STAFFING Contractor shall furnish the necessary number of personnel, fully competent, qualified, and skilled in

all trades necessary to fulfill the specified requirements.

Contractor shall at all times enforce discipline and good order among its employees and shall employ only reliable persons who are skilled and experienced in their assigned task(s).

7.0 SYSTEM INVENTORY

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The following are approximate installed base hardware inventories for each airport:IAH

WIFI Head-endo 2 Mobility Controllers – Model 7240o 2 ClearPass Appliances – CP-HW25Ko 1 AirWave Appliance – HW-Pro

Networko 7 WS-C6506-E Core Switcheso 93 WS-C3750X-48P Edge Switcheso 1 PaloAlto Firewall

Access Points (Combination of AP224, AP225, AP274, and AP275)o Approximately 425 total APs

Bluetooth Beaconso Approximately 3200 total beacons

HOU WIFI Head-end

o 2 Mobility Controllers – Model 7220o 2 ClearPass Appliances – CP-HW-5Ko 1 AirWave Appliance – HW-Pro

Networko 1 WS-C6506-E Core Switcheso 17 WS-C3750X-48P Edge Switcheso 1 PaloAlto Firewall

Access Points (Combination of AP224, AP225, AP274, and AP275)o Approximately 125 total APs

Bluetooth Beaconso Approximately 800 total beacons

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REFERENCES

In order to receive bid award consideration, the bidder must be able to demonstrate that they are currently providing or have had at least one contract, as a prime contractor, for WIFI Maintenance Services, of similar size and scope as the scope of this contract. Bidder must have references documenting that it has performed WIFI Maintenance Services.

The reference(s) should be included in the space provided below. Please attach another piece of paper, if necessary. If the references are not included with the bid, the bidder shall be required to provide such references to the City of Houston within five working days from receipt of a written request from the City to do so. Bidder’s capability and experience shall be a factor in determining the contract award.

LIST OF CURRENT/PREVIOUS CUSTOMERS

1. Company Name:

Contact Person/Title: Phone No.:

E-mail Address:

Address:

Contract Award Date: Contract Completion Date:

Contract Name/Title:

Project Description:

2. Company Name:


E-mail Address:

Address:




3. Company Name:


E-mail Address:

Address:




4. Company Name:

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E-mail Address:

Address:




5. Company Name:


E-mail Address:

Address:




6. Company Name:


E-mail Address:

Address:




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SECTION CGENERAL TERMS & CONDITIONS/SAMPLE CONTRACT

THE STATE OF TEXAS

COUNTY OF HARRIS

I. PARTIES

THIS AGREEMENT for WIFI MAINTENANCE SERVICES FOR THE HOUSTON AIRPORT

SYSTEM ("Agreement") is made on the Countersignature Date between the CITY OF HOUSTON, TEXAS

("City"), a Texas home-rule city and __________________________ ("Contractor”), a

__________________________ authorized to do business in Texas.

The Parties agree as follows:

1.0 ADDRESS

The initial addresses of the parties, which one party may change by giving written notice to the other party,

are as follows:

City Contractor

City Chief Procurement Officer for Director ______________________________

of the Houston Airport System ______________________________

City of Houston ______________________________

P.O. Box 1562 Phone: ________________________

Houston, Texas 77251 Fax: __________________________

The Parties agree as follows:

2.0 TABLE OF C ONTENTS

This Agreement consists of the following sections:

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TABLE OF CONTENTSPage No.

I. PARTIES...............................................................................................Error! Bookmark not defined.1.0 ADDRESS.................................................................................Error! Bookmark not defined.2.0 TABLE OF CONTENTS............................................................Error! Bookmark not defined.3.0 PARTS INCORPORATED......................................................................................................314.0 CONTROLLING PARTS.........................................................................................................315.0 DEFINITIONS.........................................................................................................................316.0 SIGNATURES.........................................................................................................................32

II. DUTIES OF CONTRACTOR.......................................................................Error! Bookmark not defined.1.0 SCOPE OF SERVICES..........................................................................................................332.0 RELEASE................................................................................................................................333.0 INDEMNIFICATION................................................................................................................334.0 RELEASE AND INDEMNIFICATION (PATENT, COPYRIGHT, TRADEMARK, AND TRADE

SECRET INFRINGEMENT)....................................................................................................345.0 SUBCONTRACTOR’S INDEMNITY.......................................................................................346.0 INDEMNIFICATION PROCEDURES......................................................................................347.0 INSURANCE...........................................................................................................................358.0 WARRANTIES........................................................................................................................369.0 MAINTENANCE AUDIT..........................................................................................................3610.0 LICENSES AND PERMITS.....................................................................................................3711.0 CONFIDENTIALITY................................................................................................................3712.0 USE OF WORK PRODUCTS.................................................................................................3713.0 COMPLIANCE WITH LAWS...................................................................................................3714.0 COMPLIANCE WITH EQUAL OPPORTUNITY ORDINANCE...............................................3715.0 NON-DISCRIMINATION.........................................................................................................3716.0 PERFORMANCE BOND.........................................................................................................3817.0 M/WBE COMPLIANCE...........................................................................................................3818.0 DRUG ABUSE DETECTION AND DETERRENCE................................................................3819.0 ENVIRONMENTAL LAWS......................................................................................................3920.0 CITY’S CONTRACTOR PAY OR PLAY PROGRAM..............................................................3921.0 CONTRACTOR’S PERFORMANCE.......................................................................................3922.0 AIRPORT SECURITY.............................................................................................................4023.0 PUBLICITY..............................................................................................................................4024.0 PROMPT PAYMENT OF EMPLOYEES AND SUBCONTRACTORS....................................40

III. DUTIES OF CITY................................................................................................................................40

1.0 PAYMENT TERMS.................................................................................................................402.0 TAXES....................................................................................................................................413.0 METHOD OF PAYMENT........................................................................................................414.0 METHOD OF PAYMENT - DISPUTED PAYMENTS..............................................................415.0 LIMIT OF APPROPRIATION:.................................................................................................416.0 CHANGES..............................................................................................................................427.0 ACCESS TO SITE..................................................................................................................438.0 ACCESS TO DATA.................................................................................................................43

IV. TERM AND TERMINATION...............................................................................................................43

1.0 CONTRACT TERM.................................................................................................................432.0 NOTICE TO PROCEED..........................................................................................................44

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3.0 TIME EXTENSIONS...............................................................................................................444.0 TERMINATION FOR CONVENIENCE BY THE CITY............................................................445.0 TERMINATION FOR CAUSE BY CITY..................................................................................446.0 TERMINATION FOR CAUSE BY CONTRACTOR.................................................................457.0 REMOVAL OF CONTRACTOR OWNED EQUIPMENT AND MATERIALS...........................45

V. MISCELLANEOUS.............................................................................................................................45

1.0 INDEPENDENT CONTRACTOR............................................................................................452.0 FORCE MAJEURE.................................................................................................................453.0 SEVERABILITY.......................................................................................................................464.0 ENTIRE AGREEMENT...........................................................................................................465.0 WRITTEN AMENDMENT........................................................................................................466.0 APPLICABLE LAWS...............................................................................................................467.0 NOTICES................................................................................................................................468.0 CAPTIONS..............................................................................................................................479.0 NON-WAIVER.........................................................................................................................4710.0 INSPECTIONS AND AUDITS.................................................................................................4711.0 ENFORCEMENT....................................................................................................................4712.0 AMBIGUITIES.........................................................................................................................4713.0 SURVIVAL..............................................................................................................................4714.0 PARTIES IN INTEREST.........................................................................................................4715.0 SUCCESSORS AND ASSIGNS.............................................................................................4716.0 BUSINESS STRUCTURE AND ASSIGNMENTS...................................................................4817.0 DISPUTE RESOLUTION........................................................................................................4818.0 REMEDIES CUMULATIVE.....................................................................................................4819.0 CONTRACTOR DEBT............................................................................................................48

EXHIBITS

A. DEFINITIONS

B. SCOPE OF SERVICES

C. TITLE VI: NON-DISCRIMINATION

D. DRUG POLICY COMPLIANCE AGREEMENT

E. CERTIFICATION OF NO SAFETY IMPACT POSITIONS

F. DRUG POLICY COMPLIANCE DECLARATION

G. FEES AND COSTS

H. PERFORMANCE BOND

* NOTE: EXHIBITS SHALL BE INSERTED INTO THE CONTRACT AGREEMENT AT THE TIME OF CONTRACT EXECUTION.

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1.0 PARTS INCORPORATED

1.1 The above described sections and exhibits are incorporated into this Agreement.

2.0 CONTROLLING PARTS

2.1 If a conflict among the sections or exhibits arises, the Sections control over the Exhibits.

3.0 DEFINITIONS

3.1 Certain terms used in this Agreement are defined in Exhibit "A”.

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4.0 SIGNATURES

4.1 The Parties have executed this Agreement in multiple copies, each of which is an original.

CONTRACTOR: CITY:

[NAME OF CONTRACTOR] CITY OF HOUSTON, TEXAS

By: _________________________________ By: _________________________________

Name: MayorTitle:

ATTEST/SEAL: (if a corporation) ATTEST/SEAL:WITNESS: (if not a corporation) Signed by:

_________________________________ _________________________________City Secretary

Tax ID Number:____________________ APPROVED:

_________________________________Chief Procurement Officer / Director of Houston Airport System

COUNTERSIGNED BY:

_________________________________City Controller

DATE COUNTERSIGNED:

_________________________________(“Countersignature Date”)

This contract has been reviewed as to form by the undersigned legal assistant and has been found to meet established Legal Department criteria. The Legal Department has not reviewed the content of these documents.

_________________________________ _________________________________Date Legal Assistant

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II. DUTIES OF CONTRACTOR

1.0 SCOPE OF SERVICES

1.1 In consideration of the payments specified in this Agreement, Contractor shall provide all supervision, labor, tools, equipment, permits, parts, expendable items, material, and supplies necessary to perform the services described in Section "B”.

2.0 RELEASE

2.1 CONTRACTOR AGREES TO AND SHALL RELEASE THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE CITY) FROM ALL LIABILITY FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT, EVEN IF THE INJURY, DEATH, DAMAGE, OR LOSS IS CAUSED BY THE CITY’S SOLE OR CONCURRENT NEGLIGENCE AND/OR THE CITY’S STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY.

3.0 INDEMNIFICATION

3.1 CONTRACTOR AGREES TO AND SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY "THE CITY") HARMLESS FOR ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, FINES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS AND INTEREST) FOR INJURY, DEATH, DAMAGE, OR LOSS TO PERSONS OR PROPERTY SUSTAINED IN CONNECTION WITH OR INCIDENTAL TO PERFORMANCE UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY:

3.1.1 CONTRACTOR AND/OR ITS AGENTS’, EMPLOYEES’, OFFICERS’, DIRECTORS’, CONTRACTORS’, OR SUBCONTRACTORS’ (COLLECTIVELY IN NUMBERED PARAGRAPHS 3.1.1.1-3.1.1.3, "CONTRACTOR") ACTUAL OR ALLEGED NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS;

3.1.2 THE CITY’S AND CONTRACTOR ACTUAL OR ALLEGED CONCURRENT NEGLIGENCE, WHETHER CONTRACTOR IS IMMUNE FROM LIABILITY OR NOT; AND

3.1.3 THE CITY’S AND CONTRACTOR ACTUAL OR ALLEGED STRICT PRODUCTS LIABILITY OR STRICT STATUTORY LIABILITY, WHETHER CONTRACTOR IS IMMUNE FROM LIABILITY OR NOT.

3.2 CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY DURING THE TERM OF THIS AGREEMENT AND FOR FOUR YEARS AFTER THE AGREEMENT TERMINATES. CONTRACTOR’S INDEMNIFICATION IS LIMITED TO $1,000,000.00 PER OCCURRENCE. CONTRACTOR SHALL NOT INDEMNIFY THE CITY FOR THE CITY’S SOLE NEGLIGENCE.

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4.0 RELEASE AND INDEMNIFICATION (PATENT, COPYRIGHT, TRADEMARK, AND TRADE SECRET INFRINGEMENT )

4.1 CONTRACTOR AGREES TO AND SHALL RELEASE AND DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY, ITS AGENTS, EMPLOYEES, OFFICERS, AND LEGAL REPRESENTATIVES (COLLECTIVELY THE “CITY”) FROM ALL CLAIMS OR CAUSES OF ACTION BROUGHT AGAINST THE CITY BY ANY PARTY, INCLUDING CONTRACTOR, ALLEGING THAT THE CITY'S USE OF ANY EQUIPMENT, SOFTWARE, PROCESS, OR DOCUMENTS CONTRACTOR FURNISHES DURING THE TERM OF THIS AGREEMENT INFRINGES ON A PATENT, COPYRIGHT, OR TRADEMARK, OR MISAPPROPRIATES A TRADE SECRET. CONTRACTOR SHALL PAY ALL COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS= FEES, COURT COSTS, AND ALL OTHER DEFENSE COSTS, AND INTEREST) AND DAMAGES AWARDED.

4.2 CONTRACTOR SHALL NOT SETTLE ANY CLAIM ON TERMS WHICH PREVENT THE CITY FROM USING THE EQUIPMENT, SOFTWARE, PROCESS, AND DOCUMENTS WITHOUT THE CITY’S PRIOR WRITTEN CONSENT.

4.3 WITHIN 60 DAYS AFTER BEING NOTIFIED OF THE CLAIM, CONTRACTOR SHALL, AT ITS OWN EXPENSE, EITHER (1) OBTAIN FOR THE CITY THE RIGHT TO CONTINUE USING THE EQUIPMENT, SOFTWARE, PROCESS, AND DOCUMENTS OR, (2) IF BOTH PARTIES AGREE, REPLACE OR MODIFY THEM WITH COMPATIBLE AND FUNCTIONALLY EQUIVALENT PRODUCTS. IF NONE OF THESE ALTERNATIVES IS REASONABLY AVAILABLE, THE CITY MAY RETURN THE EQUIPMENT, SOFTWARE, OR DOCUMENTS, OR DISCONTINUE THE PROCESS, AND CONTRACTOR SHALL REFUND THE PURCHASE PRICE.

5.0 SUBCONTRACTOR’S INDEMNITY

5.1 CONTRACTOR SHALL REQUIRE ALL OF ITS SUBCONTRACTORS (AND THEIR SUBCONTRACTORS) TO RELEASE AND INDEMNIFY THE CITY TO THE SAME EXTENT AND IN SUBSTANTIALLY THE SAME FORM AS ITS RELEASE AND INDEMNITY TO THE CITY.

6.0 INDEMNIFICATION PROCEDURES

6.1 Notice of Claims. If the City or Contractor receives notice of any claim or circumstances, which could give rise to an indemnified loss, the receiving party shall give written notice to the other party within ten (10) days. The notice must include the following:

6.1.1 a description of the indemnification event in reasonable detail, and

6.1.2 the basis on which indemnification may be due, and

6.1.3 the anticipated amount of the indemnified loss.

6.2 This notice does not stop or prevent the City from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. If the City does not provide this notice within the 10-day period, it does not waive any right to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay.

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6.3 Defense of Claims

6.3.1 Assumption of Defense . Contractor may assume the defense of the claim at its own expense with counsel chosen by it that is reasonably satisfactory to the City. Contractor shall then control the defense and any negotiations to settle the claim. Within ten (10) days after receiving written notice of the indemnification request, Contractor must advise the City as to whether or not it will defend the claim. If Contractor does not assume the defense, the City shall assume and control the defense, and all defense expenses constitute an indemnification loss.

6.3.2 Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or Agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

7.0 INSURANCE

7.1 With no intent to limit Contractor’s liability or the indemnification provisions set forth herein, Contractor shall, at a minimum, maintain the following insurance coverages in the following amounts:

Coverage Limit of LiabilityWorkers' Compensation Statutory for Workers' Compensation

Employer's Liability Bodily Injury by Accident $100,000 (each accident) Bodily Injury by Disease $100,000 (policy limit) Bodily Injury by Disease $100,000 (each employee)

Commercial General Liability: Bodily and Personal Injury; Products and Completed Operations Coverage

Bodily Injury and Property Damage, Combined Limits of $500,000 each Occurrence, and $1,000,000 aggregate

Automobile Liability

$1,000,000 combined single limit for (1) Any Auto or (2) All Owned, Hired, and Non-Owned Autos$10,000,000 for any auto driven in the Airfield Operations Area (AOA)

Defense costs are excluded from the face amount of the policy.Aggregate Limits are per 12-month policy period unless otherwise indicated.

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7.2 Insurance Coverage. At all times during the term of this License and any extensions or renewals, Licensee shall provide and maintain insurance coverage that meets the License requirements. Prior to beginning performance under the License, at any time upon the Director’s request, or each time coverage is renewed or updated, Licensee shall furnish to the Director current certificates of insurance, endorsements, all policies, or other policy documents evidencing adequate coverage, as necessary. Licensee shall be responsible for and pay (a) all premiums and (b) any claims or losses to the extent of any deductible amounts. Licensee waives any claim it may have for premiums or deductibles against the City, its officers, agents, or employees. Licensee shall also require all subcontractors or consultants whose subcontracts exceed $100,000 to provide proof of insurance coverage meeting all requirements stated above except amount. The amount must be commensurate with the amount of the subcontract, but no less than $500,000 per claim.

7.3 Form of insurance. The form of the insurance shall be approved by the Director and the City Attorney; such approval (or lack thereof) shall never (a) excuse non-compliance with the terms of this Section, or (b) waive or estop the City from asserting its rights to terminate this License. The policy issuer shall (1) have a Certificate of Authority to transact insurance business in Texas, or (2) be an eligible non-admitted insurer in the State of Texas and have a Best's rating of at least B+, and a Best's Financial Size Category of Class VI or better, according to the most current Best's Key Rating Guide.

7.4 Required Coverage. The City shall be an Additional Insured under this License, and all policies, except Worker's Compensation, shall explicitly name the City as an Additional Insured. The City shall enjoy the same coverage as the Named Insured without regard to other License provisions. Contactor waives any claim or right of subrogation to recover against the City, its officers, agents, or employees, and each of Licensee’s insurance policies must contain coverage waiving such claim. Each policy, except Workers’ Compensation, must also contain an endorsement that the policy is primary to any other insurance available to the Additional Insured with respect to claims arising under this License.

7.5 Notice. LICENSEE SHALL GIVE 30 DAYS’ ADVANCE WRITTEN NOTICE TO THE DIRECTOR IF ANY OF ITS INSURANCE POLICIES ARE CANCELED OR NON-RENEWED. Within the 30-day period, Licensee shall provide other suitable policies in order to maintain the required coverage. If Licensee does not comply with this requirement, the Director, at his sole discretion, may immediately suspend Licensee from any further performance under this License and begin procedures to terminate for default.

8.0 WARRANTIES

8.1 Contractor represents and warrants that it shall perform all work in a good and workmanlike manner, meeting the standards of quality prevailing in Harris County, Texas for work of this kind. Contractor shall perform all work using trained and skilled persons having substantial experience performing the work required under this Agreement.

8.2 With respect to any parts and goods furnished by it, Contractor warrants:

8.2.1 that all items are free of defects in title, material, and workmanship,

8.2.2 that each item meets or exceeds the manufacturer’s specifications and requirements for the equipment, structure, or other improvement in which the item is installed,

8.2.3 that each replacement item is new in accordance with original equipment manufacturers specifications, and of a quality at least as good as the quality of the item which it replaces (when the replaced item was new), and

8.2.4 that no item or its use infringes any patent, copyright, or proprietary right.

8.3 Contractor shall manage and enforce on the City's behalf (excluding litigation) all manufacturer warranties issued before the Countersignature Date of this Agreement, during

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the Term of this Agreement, and any extensions. Contractor shall not be entitled to any additional compensation for the management and enforcement of these manufacturer warranties. If Contractor does not exhaust all remedies, excluding litigation, against a manufacturer who fails to honor all or a part of a warranty, it shall not receive additional compensation from the City for the labor and material costs it incurs to repair or replace the item that otherwise would have been under warranty.

9.0 MAINTENANCE AUDIT

9.1 At any time during the term of this Agreement or any extensions, the Director, without notice to the Contractor and at HAS' expense, may provide for a third party maintenance audit. After a minimum of fifteen (15) days to review the findings of the audit, Contractor shall rectify any legitimate deficiencies in performance discovered by such audit for which Contractor is responsible to the Director's reasonable satisfaction at no cost to the City within ten (10) days after the review of such audit findings. Further, the Contractor shall provide the Director with a written explanation for such deficiency in performance and a plan to prevent future deficiencies within fifteen (15) days of completion of the review of such audit findings. Failure of the Contractor to timely rectify legitimate deficiencies or provide a written explanation and plan to the Director shall be grounds for termination for cause as provided in Article IIII. If Contractor disagrees with such audit findings then Contractor shall commence the dispute resolution process described in Article IV, Section 17, to obtain a final ruling on the audit findings.

9.2 At any time during the term of this Agreement or any extensions, the Director, without notice to the Contractor, may conduct his own inspections of Contractor's work performance, equipment, inventory, logs and work sites. Contractor shall rectify any deficiencies discovered by such inspection to the Director's reasonable satisfaction within ten (10) days following completion of its review of the Director’s findings at no cost to the City if caused by the Contractor or its subcontractors.

10.0 LICENSES AND PERMITS

10.1 Contractor shall obtain and pay for all licenses, permits, and certificates required by any statute, ordinance, rule, or regulation.

11.0 CONFIDENTIALITY

11.1 Contractor, its agents, employees, contractors, and subcontractors shall hold all City information, data, and documents (collectively, the” Information”) that they receive, or to which they have access, in strictest confidence. Contractor, its agents, employees, contractors, and subcontractors shall not disclose, disseminate, or use the Information unless the Director authorizes it in writing. Contractor shall obtain written agreements from its agents, employees, contractors, and subcontractors which bind them to the terms in this Section.

12.0 USE OF WORK PRODUCTS

12.1 The City may use all notes, plans, computations, databases, tabulations, exhibits, photographs, reports, underlying data and other work products (collectively, the “Documents”) that Contractor prepares or obtains under this Agreement.

12.2 Contractor warrants that it owns the copyright to the Documents.

12.3 Contractor shall deliver the original Documents to the Director on request. Within five (5) working days after this Agreement terminates, Contractor shall deliver to the Director the original Documents, and all other files and materials Contractor produces or gathers during

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its performance under this Agreement.

13.0 COMPLIANCE WITH LAWS

13.1 Contractor shall comply with all applicable state and federal laws and regulations and the City Charter and Code of Ordinances.

14.0 COMPLIANCE WITH EQUAL OPPORTUNITY ORDINANCE

14.1 Contractor shall comply with the City’s Equal Employment Opportunity Ordinance as set out in Section 15-17 of the Code of Ordinances.

15.0 NON-DISCRIMINATION

15.1 Contractor shall comply with the applicable non-discrimination provisions required by the United States of America, including but not limited to the provisions of 49 CFR Part 21. These provisions are inclusive of any amendments which may be made to such regulations. Further, Contractor shall include the summary of the provisions of 49 CFR Part 21, as may be amended, in subcontracts it enters into under this Agreement. This summary is set forth in Exhibit “C”.

16.0 PERFORMANCE AND MAINTENANCE BONDS

16.1 Contractor shall furnish a performance bond (and payment bond) for $_______ conditioned on Contractor's full and timely performance of the Agreement (and payment of subcontractors). [Contractor shall also furnish a maintenance bond to secure the warranty in Section ___.] The bond(s) must be in a form approved by the City Attorney and issued by a corporate surety authorized and admitted to write surety bonds in Texas. If the amount of the bond exceeds $100,000, the surety must be listed on the current list of accepted sureties on federal bonds published by the United States Treasury Department or reinsured for any liability in excess of $100,000 by a reinsurer listed on the U.S. Treasury list.

17.0 M/WBE COMPLIANCE

17.1 Contractor shall comply with the City’s Minority and Women Business Enterprise ("M/WBE") programs as set out in Chapter 15, Article V of the City of Houston Code of Ordinances. Contractor shall make good faith efforts to award subcontracts or supply Agreements in at least 10% of the value of this Agreement to M/WBEs. Contractor acknowledges that it has reviewed the requirements for good faith efforts on file with the Office of Business Opportunity (OBO) and will comply with them.

17.2 Contractor shall ensure that all subcontracts with MWBE subcontractors and suppliers contain the following terms:

17.2.1 __________________________ (MWBE subcontractor) shall not delegate or subcontract more than 50% of the work under this subcontract to any other subcontractor or supplier without the express written consent of the City of Houston's OBO Director ("the Director").

17.2.2 __________________________ (MWBE subcontractor) shall permit representatives of the City of Houston, at all reasonable times, to perform (1) audits of the books and records of the subcontractor, and (2) inspections of all places where work is to be undertaken in connection with this subcontract. Subcontractor shall keep such books and records available for such purpose for at least four (4) years after the end of its performance under this subcontract. Nothing in this provision shall affect the time for bringing a cause of action nor the applicable statute of limitations.

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17.2.3 Within five (5) Business Days of execution of this subcontract, Contractor (prime contractor) and Subcontractor shall designate in writing to the Director an agent for receiving any notice required or permitted to be given pursuant to Chapter 15 of the Houston City Code of Ordinances, along with the street and mailing address and phone number of such agent.

17.2.4 Any controversy between the parties involving the construction or application of any of the terms, covenants, or conditions of this subcontract may be submitted to the Director. The Director may prescribe procedures to provide dispute resolution by neutrals in accordance with the requirements of Chapter 15 of the Houston City Code of Ordinances.

18.0 DRUG ABUSE DETECTION AND DETERRENCE

18.1 It is the policy of the City to achieve a drug-free workforce and workplace. The manufacture, distribution, dispensation, possession, sale, or use of illegal drugs or alcohol by Contractors while on City Premises is prohibited. Contractor shall comply with all the requirements and procedures set forth in the Mayor’s Drug Abuse Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31 ("Executive Order"), which is incorporated into this Agreement and is on file in the City Secretary’s Office.

18.2 Before the City signs this Agreement, Contractor shall file with the Contract Compliance Officer for Drug Testing ("CCODT"):

18.2.1 a copy of its drug-free workplace policy,

18.2.2 the Drug Policy Compliance Agreement substantially in the form set forth in Exhibit "D”, together with a written designation of all safety impact positions, and

18.2.3 if applicable (e.g. no safety impact positions), the Certification of No Safety Impact Positions, substantially in the form set forth in Exhibit "E”.

18.3 If Contractor files a written designation of safety impact positions with its Drug Policy Compliance Agreement, it also shall file every 6 months during the performance of this Agreement or on completion of this Agreement if performance is less than 6 months, a Drug Policy Compliance Declaration in a form substantially similar to Exhibit "F”. Contractor shall submit the Drug Policy Compliance Declaration to the CCODT within thirty (30) days of the expiration of each 6-month period of performance, and within thirty (30) days of completion of this Agreement. The first 6-month period begins to run on the date the City issues its Notice to Proceed, or if no Notice to Proceed is issued, on the first day Contractor begins work under this Agreement.

18.4 Contractor also shall file updated designations of safety impact positions with the CCODT if additional safety impact positions are added to Contractor’s employee workforce.

18.5 Contractor shall require that its subcontractors comply with the Executive Order, and Contractor shall secure and maintain the required documents for City inspection.

19.0 ENVIRONMENTAL LAWS

19.1 Contractor shall comply with all rules, regulations, statutes, or orders of the Environmental Protection Agency ("EPA"), the Texas Commission on Environmental Quality ("TCEQ"), and any other governmental agency with the authority to promulgate environmental rules and regulations (“Environmental Laws”). Contractor shall promptly reimburse the City for any fines or penalties levied against the City because of Contractor’s failure to comply.

19.2 Contractor shall not possess, use, generate, release, discharge, store, dispose of, or transport any Hazardous Materials on, under, in, above, to, or from the site except in strict compliance with the Environmental Regulations. "Hazardous Materials" means any

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substances, materials, or wastes that are or become regulated as hazardous or toxic substances under any applicable federal, state, or local laws, regulations, ordinances, or orders. Contractor shall not deposit oil, gasoline, grease, lubricants or any ignitable or hazardous liquids, materials, or substances in the City’s storm sewer system or sanitary sewer system or elsewhere on City Property in violation of the Environmental Laws.

20.0 CITY’S CONTRACTOR PAY OR PLAY PROGRAM

20.1 The requirements and terms of the City of Houston Pay or Play program, as set out in Executive Order 1-7, as revised from time to time, are incorporated into this Agreement for all purposes. Contractor has reviewed Executive Order No. 1-7, as revised, and shall comply with its terms and conditions as they are set out at the time of City Council approval of this Agreement.

21.0 CONTRACTOR’S PERFORMANCE

21.1 Contractor shall make citizen satisfaction a priority in providing services under this Agreement. Contractor shall train its employees to be customer service-oriented and to positively and politely interact with citizens when performing contract services. Contractor’s employees shall be clean, courteous, efficient, and neat in appearance and committed to offering the highest quality of service to the public. If, in the Director’s opinion, Contractor is not interacting in a positive and polite manner with citizens, he shall direct Contractor to take all remedial steps to conform to these standards.

22.0 AIRPORT SECURITY

22.1 The Federal Aviation Administration may assess fines and/or penalties for Contractor's non-compliance with the provisions of 14 CFR Part 107 entitled "Airport Security," as amended from time to time, or by agencies for noncompliance with laws or regulations applicable to Contractor's operations. Within ten (10) days after receiving written notice from the Director stating the amount of any fine or penalty, Contractor shall reimburse the City for any fine or penalty assessed against the City because of Contractor's non-compliance with 14 CFR Part 107 or other applicable laws or regulations.

23.0 PUBLICITY

23.1 Contractor shall make no announcement or release of information concerning this Agreement unless the release has been submitted to and approved, in writing, by the Director.

24.0 PROMPT PAYMENT OF EMPLOYEES AND SUBCONTRACTORS

24.1 In accordance with the Texas Prompt Payment Act, Contractor shall make timely payments in accordance with applicable state and federal law to all persons and entities supplying labor, materials or equipment for the performance of this Agreement including Contractor’s employees. CONTRACTOR SHALL DEFEND AND INDEMNIFY THE CITY FROM ANY CLAIMS OR LIABILITY ARISING OUT OF CONTRACTOR’S FAILURE TO MAKE THESE PAYMENTS.

III. DUTIES OF CITY

1.0 PAYMENT TERMS

1.1 The City shall pay and Contractor shall accept fees provided in Exhibit "G" for all services rendered and the Deliverables furnished by Contractor. The fees must only be paid from

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Allocated Funds, as provided below.

1.2 The City of Houston’s standard payment term is to pay thirty (30) days after receipt of invoice or receipt of goods or services, whichever is later, according to the requirements of the Texas Prompt Payment Act (Tex. Gov’t Code, Ch. 2251). However, the City will pay in less than thirty (30) days in return for an early payment discount from Contractor as follows:

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Payment Time Discount10 Days 2%20 Days 1%

1.3 If the City fails to make a payment according to the early payment schedule above, but does make the payment within the time specified in the Texas Prompt Payment Act, the City shall not receive the discount, but shall pay no other penalty. When the payment date falls on a Saturday, Sunday, or official holiday when City offices are closed and City business is not expected to be conducted, payment may be made on the following business day.

2.0 TAXES

2.1 The City is exempt from payment of Federal Excise and Transportation Tax and Texas Limited Sales and Use Tax. Contractor’s invoices to the City must not contain assessments of any of these taxes. The Director or designee will furnish the City’s exemption certificate and federal tax identification number to Contractor if requested.

3.0 METHOD OF PAYMENT

3.1 The City shall pay Contractor on the basis of invoices submitted by Contractor and approved by the CPO or Director, showing the specific tasks completed in the preceding month and the corresponding fee. The City shall make payments to Contractor at its address for notices within thirty (30) days upon receipt of an approved invoice.

4.0 METHOD OF PAYMENT - DISPUTED PAYMENTS

4.1 If the City disputes any items in an invoice Contractor submits for any reason, including lack of supporting documentation, the CPO or Director shall temporarily delete the disputed item and pay the remainder of the invoice. The CPO or Director shall promptly notify Contractor of the dispute and request remedial action. After the dispute is settled, Contractor shall include the disputed amount on a subsequent regularly scheduled invoice or on a special invoice for the disputed item only.

5.0 LIMIT OF APPROPRIATION:

5.1 The City's duty to pay money to Contractor under this Agreement is limited in its entirety by the provisions of this Section.

5.2 In order to comply with Article II, Sections 19 and 19a of the City's Charter and Article XI, Section 5 of the Texas Constitution, the City has appropriated and allocated the sum of $__________ to pay money due under this Agreement (the "Original Allocation"). The executive and legislative officers of the City, in their discretion, may allocate supplemental funds for this Agreement, but they are not obligated to do so. Therefore, the parties have agreed to the following procedures and remedies:

5.3 The City makes a Supplemental Allocation by issuing to Contractor a Service Release Order, or similar form approved by the City Controller, containing the language set out below. When necessary, the Supplemental Allocation shall be approved by motion or ordinance of City Council.

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NOTICE OF SUPPLEMENTAL ALLOCATION OF FUNDSBy the signature below, the City Controller certifies that, upon the request of the Director, the supplemental sum set out below has been allocated for the purposes of the Agreement out of funds appropriated for this purpose by the City Council of the City of Houston. This supplemental allocation has been charged to such appropriation.

$ _____________

5.4 The Original Allocation plus all supplemental allocations are the Allocated Funds. The City shall never be obligated to pay any money under this Agreement in excess of the Allocated Funds. Contractor must assure itself that sufficient allocations have been made to pay for services it provides. If Allocated Funds are exhausted, Contractor’s only remedy is suspension or termination of its performance under this Agreement and it has no other remedy in law or in equity against the City and no right to damages of any kind.

6.0 CHANGES

6.1 At any time during the Agreement Term, the CPO or Director may issue a Change Order to increase or decrease the scope of services or change plans and specifications, as he or she may find necessary to accomplish the general purposes of this Agreement. Contractor shall furnish the services or deliverables in the Change Order in accordance with the requirements of this Agreement plus any special provisions, specifications, or special instructions issued to execute the extra work.

6.2 The CPO or Director will issue the Change Order in substantially the following form:

CHANGE ORDER TO: [Name of Contractor] FROM: City of Houston, Texas (the "City") DATE: [Date of Notice]

SUBJECT:Change Order under the Agreement between the City and [Name of Contractor] countersigned by the City Controller on [Date of countersignature of the Agreement]

Subject to all terms and conditions of the Agreement, the City requests that Contractor provide the following: [Here describe the additions to or changes to the equipment or services

and the Change Order Charges applicable to each.] Signed: [Signature of CPO or Director]

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6.3 The CPO or Director may issue more than one Change Order, subject to the following limitations:

6.3.1 Council expressly authorizes the CPO or Director to approve a Change Order of up to $50,000. A Change Order of more than $50,000 over the approved contract amount must be approved by the City Council.

6.3.2 If a Change Order describes items that Contractor is otherwise required to provide under this Agreement, the City is not obligated to pay any additional money to Contractor.

6.3.3 The total of all Change Orders issued under this section may not increase the Original Agreement amount by more than 25%.

6.4 Whenever Contractor receives a Change Order, Contractor shall furnish all material, equipment, and personnel necessary to perform the work described in the Change Order. Contractor shall complete the work within the time prescribed. If no time for completion is prescribed, Contractor shall complete the work within a reasonable time. If the work described in any Change Order causes an unavoidable delay in any other work Contractor is required to perform under this Agreement, Contractor may request a time extension for the completion of the work. The CPO or Director’s decision regarding a time extension is final.

6.5 A product or service provided under a Change Order is subject to inspection, acceptance, or rejection in the same manner as the work described in the Original Agreement, and is subject to the terms and conditions of the Original Agreement as if it had originally been a part of the Agreement.

6.6 Change Orders are subject to the Allocated Funds provisions of this Agreement.

7.0 ACCESS TO SITE

7.1 Contractor may enter and leave the premises at all reasonable times without charge. Contractor and its employees may use the common areas and roadways of the premises where [services are to be performed] together with all facilities, equipment, improvements, and services provided in connection with the premises for common use. This excludes parking for Contractor’s personnel. Contractor shall repair any damage caused by it or its employees as a result of its use of the common areas.

8.0 ACCESS TO DATA

8.1 The City shall, to the extent permitted by law, allow Contractor to access and make copies of documents in the possession or control of the City or available to it that are reasonably necessary for Contractor to perform under this Agreement.

8.2 The City does not, however, represent that all existing conditions are fully documented, nor is the City obligated to develop new documentation for Contractor’s use.

8.3 For any raw data created, assembled, used, maintained, collected, or stored by the Contractor for or on behalf of the City, Contractor shall provide the City either the raw data itself or the ability to extract the raw data in a format mutually agreed upon by both parties at no additional cost to the City.

IV. TERM AND TERMINATION

1.0 CONTRACT TERM

1.1 This Agreement is effective on the Countersignature Date and expires five (5) years after the of 60

starting date specified in the Notice to Proceed unless sooner terminated according to the terms of this Agreement.

2.0 NOTICE TO PROCEED

2.1 Contractor shall begin performance under this Agreement on the date specified in a Notice to Proceed from the CPO or Director.

3.0 TIME EXTENSIONS

3.1 If Contractor requests an extension of time to complete its performance, then the CPO or Director may, in his sole discretion, extend the time so long as the extension does not exceed one hundred and eighty (180) days. The extension must be in writing but does not require amendment of this Agreement. Contractor is not entitled to damages for delay(s) regardless of the cause of the delay(s).

4.0 TERMINATION FOR CONVENIENCE BY THE CITY

4.1 The CPO or Director may terminate this Agreement at any time by giving thirty (30) days written notice to Contractor. The City’s right to terminate this Agreement for convenience is cumulative of all rights and remedies, which exist now or in the future.

4.2 On receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement and cancel all existing orders and subcontracts that are chargeable to this Agreement. As soon as practicable after receiving the termination notice, Contractor shall submit an invoice showing in detail the services performed under this Agreement up to the termination date. The City shall then pay the fees to Contractor for services actually performed, but not already paid for, in the same manner as prescribed in Article III unless the fees exceed the allocated funds remaining under this Agreement.

4.3 TERMINATION OF THIS AGREEMENT AND RECEIPT OF PAYMENT FOR SERVICES RENDERED ARE CONTRACTOR’S ONLY REMEDIES FOR THE CITY’S TERMINATION FOR CONVENIENCE, WHICH DOES NOT CONSTITUTE A DEFAULT OR BREACH OF THIS AGREEMENT. CONTRACTOR WAIVES ANY CLAIM (OTHER THAN ITS CLAIM FOR PAYMENT AS SPECIFIED IN THIS SECTION), IT MAY HAVE NOW OR IN THE FUTURE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE CITY’S TERMINATION FOR CONVENIENCE.

5.0 TERMINATION FOR CAUSE BY CITY

5.1 If Contractor defaults under this Agreement, the CPO or Director may either terminate this Agreement or allow Contractor to cure the default as provided below. The City’s right to terminate this Agreement for Contractor’s default is cumulative of all rights and remedies, which exist now or in the future. Default by Contractor occurs if:

5.1.1 Contractor fails to perform any of its duties under this Agreement;

5.1.2 Contractor becomes insolvent;

5.1.3 All or a substantial part of Contractor’s assets are assigned for the benefit of its creditors; or

5.1.4 A receiver or trustee is appointed for Contractor.

5.2 If a default occurs, the CPO or Director may, but is not obligated to, deliver a written notice to Contractor describing the default and the termination date. The CPO or Director, at his sole option, may extend the termination date to a later date. If the CPO or Director allows Contractor to cure the default and Contractor does so to the CPO or Director’s satisfaction

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before the termination date, then the termination is ineffective. If Contractor does not cure the default before the termination date, then the CPO or Director may terminate this Agreement on the termination date, at no further obligation of the City.

5.3 To effect final termination, the CPO or Director must notify Contractor in writing. After receiving the notice, Contractor shall, unless the notice directs otherwise, immediately discontinue all services under this Agreement, and promptly cancel all orders or subcontracts chargeable to this Agreement.

5.4 In the event of termination due to Contractor’s failure to fulfill its obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, Contractor shall be liable to the City for any additional cost occasioned to the City thereby.

5.5 If after termination of this Agreement for cause, it is determined that Contractor has not so failed, the termination shall be deemed to be deemed to have been effected for the convenience of the City. In such event, payment shall be made as provided for in Article IV, Section 4.2.

6.0 TERMINATION FOR CAUSE BY CONTRACTOR

6.1 Contractor may terminate its performance under this Agreement only if the City defaults and fails to cure the default after receiving written notice of it. Default by the City occurs if the City fails to perform one or more of its material duties under this Agreement. If a default occurs and Contractor wishes to terminate the Agreement, then Contractor must deliver a written notice to the CPO or Director describing the default and the proposed termination date.

6.2 The date must be at least thirty (30) days after the CPO or Director receives notice. Contractor, at its sole option, may extend the proposed termination date to a later date. If the City cures the default before the proposed termination date, then the proposed termination is ineffective. If the City does not cure the default before the proposed termination date, then Contractor may terminate its performance under this Agreement on the termination date.

7.0 REMOVAL OF CONTRACTOR OWNED EQUIPMENT AND MATERIALS

7.1 Upon expiration or termination of this Agreement, Contractor is permitted ten (10) days within which to remove contractor-owned material and equipment from the City’s premises. The City shall make such material and equipment readily available to Contractor. The time period may be extended upon approval by the CPO or Director. The City reserves the right to deny any extension of time.

V. MISCELLANEOUS

1.0 INDEPENDENT CONTRACTOR

1.1 Contractor shall perform its obligations under this Agreement as an independent Contractor and not as an employee of the City.

2.0 FORCE MAJEURE

2.1 Timely performance by both parties is essential to this Agreement. However, neither party is liable for delays or other failures to perform its obligations under this Agreement to the extent the delay or failure is caused by Force Majeure. Force Majeure means fires, floods, explosions, and other acts of God, war, terrorist acts, riots, court orders, and the acts of

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superior governmental or military authority and which the affected party is unable to prevent by the exercise of reasonable diligence. The term does not include any changes in general economic conditions such as inflation, interest rates, economic downturn or other factors of general application; or an event that merely makes performance more difficult, expensive or impractical. Force Majeure does not entitle Contractor to extra payment.

2.2 This relief is not applicable unless the affected party does the following:

2.2.1 uses due diligence to remove the Force Majeure as quickly as possible, and

2.2.2 provides the other party with prompt written notice of the cause and its anticipated effect.

2.3 The City may perform contract functions itself or contract them out during periods of Force Majeure. Such performance does not constitute a default or breach of this Agreement by the City.

2.4 If the Force Majeure continues for more than thirty (30) days, the CPO or Director may terminate this Agreement by giving 30 days written notice to Contractor. This termination is not a default or breach of this Agreement. CONTRACTOR WAIVES ANY CLAIM IT MAY HAVE FOR FINANCIAL LOSSES OR OTHER DAMAGES RESULTING FROM THE TERMINATION EXCEPT FOR AMOUNTS DUE UNDER THE AGREEMENT AT THE TIME OF THE TERMINATION.

3.0 SEVERABILITY

3.1 If any part of this Agreement is for any reason found to be unenforceable, all other parts remain enforceable unless the result materially prejudices either party.

4.0 ENTIRE AGREEMENT

4.1 This Agreement merges the prior negotiations and understandings of the Parties and embodies the entire agreement of the Parties. No other agreements, assurances, conditions, covenants (express or implied), or other terms of any kind exist between the Parties regarding this Agreement.

5.0 WRITTEN AMENDMENT

5.1 Unless otherwise specified elsewhere in this Agreement, this Agreement may be amended only by written instrument executed on behalf of the City (by authority of an ordinance duly adopted by the City Council) and Contractor. The CPO and Director are only authorized to perform the functions specifically delegated to him or her in this Agreement.

6.0 APPLICABLE LAWS

6.1 This Agreement is subject to the laws of the State of Texas, the City Charter and Ordinances, the laws of the federal government of the United States, and all rules and regulations of any regulatory body or officer having jurisdiction.

6.2 Venue for any litigation relating to this Agreement is Harris County, Texas.

7.0 NOTICES

7.1 All notices to either party to the Agreement must be in writing and must be delivered by hand, facsimile, United States registered or certified mail, return receipt requested, United States Express Mail, Federal Express, Airborne Express, UPS or any other national overnight express delivery service. The notice must be addressed to the party to whom the notice is

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given at its address set out in Article 1, Section 1.0, of this Agreement or other address the receiving party has designated previously by proper notice to the sending party. Postage or delivery charges must be paid by the party giving the notice.

8.0 CAPTIONS

8.1 Captions contained in this Agreement are for reference only, and, therefore, have no effect in construing this Agreement. The captions are not restrictive of the subject matter of any section in this Agreement.

9.0 NON-WAIVER

9.1 If either party fails to require the other to perform a term of this Agreement, that failure does not prevent the party from later enforcing that term and all other terms. If either party waives the other’s breach of a term, that waiver does not waive a later breach of this Agreement.

9.2 An approval by the Director or designee, or by any other employee or agent of the City, of any part of Contractor’s performance does not waive compliance with this Agreement or establish a standard of performance other than that required by this Agreement and by law. The Director or designee is not authorized to vary the terms of this Agreement.

10.0 INSPECTIONS AND AUDITS

10.1 City representatives may perform, or have performed, (1) audits of Contractor’s books and records, and (2) inspections of all places where work is undertaken in connection with this Agreement. Contractor shall keep its books and records available for this purpose for at least four (4) years after this Agreement terminates. This provision does not affect the applicable statute of limitations.

11.0 ENFORCEMENT

11.1 The City Attorney or his designee may enforce all legal rights and obligations under this Agreement without further authorization. Contractor shall provide to the City Attorney all documents and records that the City Attorney requests to assist in determining Contractor’s compliance with this Agreement, with the exception of those documents made confidential by federal or State law or regulation.

12.0 AMBIGUITIES

12.1 If any term of this Agreement is ambiguous, it shall not be construed for or against any party on the basis that the party did or did not write it.

13.0 SURVIVAL

13.1 Contractor shall remain obligated to the City under all clauses of this Agreement that expressly or by their nature extend beyond the expiration or termination of this Agreement, including but not limited to, the indemnity provisions.

14.0 PARTIES IN INTEREST

14.1 This Agreement does not bestow any rights upon any third party, but binds and benefits the City and Contractor only.

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15.0 SUCCESSORS AND ASSIGNS

15.1 This Agreement binds and benefits the Parties and their legal successors and permitted assigns; however, this provision does not alter the restrictions on assignment and disposal of assets set out in the following paragraph. This Agreement does not create any personal liability on the part of any officer or agent of the City.

16.0 BUSINESS STRUCTURE AND ASSIGNMENTS

16.1 Contractor shall not assign this Agreement at law or otherwise or dispose of all or substantially all of its assets without the City Chief Procurement Officer’s or Director’s prior written consent. Nothing in this clause, however, prevents the assignment of accounts receivable or the creation of a security interest under Section 9.406(c) of the Texas Business & Commerce Code. In the case of such an assignment, Contractor shall immediately furnish the City with proof of the assignment and the name, telephone number, and address of the Assignee and a clear identification of the fees to be paid to the Assignee.

16.2 Contractor shall not delegate any portion of its performance under this Agreement without the City Chief Procurement Officer’s or Director’s prior written consent.

17.0 DISPUTE RESOLUTION

17.1 For purposes of this Section, “Project Administrator” means the person the CPO or Director designates to monitor the progress of all Parties’ performance under this Agreement.

17.2 Except as may otherwise be provided by law, a dispute that (i) does not involve a question of law; (ii) arises during the performance of this Agreement; and (iii) is not resolved between the Project Administrator and Contractor must be handled as described below:

17.2.1. The Project Administrator shall put its decision in writing and mail or otherwise furnish Contractor with a copy. Contractor may abide by the decision or may appeal the decision to the CPO or Director.

17.2.2. If Contractor desires to appeal a decision of the Project Administrator, Contractor must submit a written appeal to the CPO or Director. Contractor must file its written appeal within seven (7) Business Days following receipt of the Project Administrator's original decision. The Director shall provide Contractor with a written response to the appeal within fourteen (14) Business Days following its receipt. The decision of the CPO or Director is final.

18.0 REMEDIES CUMULATIVE

18.1 Unless otherwise specified elsewhere in this Agreement, the rights and remedies contained in this Agreement are not exclusive, but are cumulative of all rights and remedies which exist now or in the future. Neither party may terminate its duties under this Agreement except in accordance with its provisions.

19.0 CONTRACTOR DEBT

19.1 IF CONTRACTOR, AT ANY TIME DURING THE TERM OF THIS AGREEMENT, INCURS A DEBT, AS THE WORD IS DEFINED IN SECTION 15-122 OF THE HOUSTON CITY CODE OF ORDINANCES, IT SHALL IMMEDIATELY NOTIFY THE CITY CONTROLLER IN WRITING. IF THE CITY CONTROLLER BECOMES AWARE THAT CONTRACTOR HAS INCURRED A DEBT, SHE SHALL IMMEDIATELY NOTIFY CONTRACTOR IN WRITING. IF CONTRACTOR DOES NOT PAY THE DEBT WITHIN 30 DAYS OF EITHER SUCH

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NOTIFICATION, THE CITY CONTROLLER MAY DEDUCT FUNDS IN AN AMOUNT EQUAL TO THE DEBT FROM ANY PAYMENTS OWED TO CONTRACTOR UNDER THIS AGREEMENT, AND CONTRACTOR WAIVES ANY RECOURSE THEREFORE.

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EXHIBIT A

DEFINITIONS

As used in this Agreement, the following terms have the meanings set out below:

1. “Agreement” means this contract between the parties, including all exhibits and any written amendments authorized by City Council and Contractor.

2. “Business Day” means any day that is not a Saturday, Sunday, or City Holiday. In the event that any deadline set forth in this Agreement falls on a Saturday, Sunday, or City Holiday, the deadline shall automatically be extended to the next day that is not a Saturday, Sunday, or City Holiday.

3. "City" is defined in the preamble of this Agreement and includes its successors and assigns.

1. “Chief Procurement Officer” or “CPO” means the City’s Chief Procurement Officer or any person designated by the CPO to perform one or more of the Director’s duties under this Agreement.

2. "Contractor" is defined in the preamble of this Agreement and includes its successors and assigns.

3. "Countersignature Date" means the date City Controller countersigned on the signature page of this Agreement and this Agreement becomes binding on the Parties.

4. “Day” whether capitalized or not, unless otherwise specifically provided, means calendar day, including weekends and City Holidays. In the case of plural ‘days’, those days will be consecutive.

5. "Director" means the Director of the Houston Airport System or any person designated by the Director to perform one or more of the Director’s duties under this Agreement.

6. “Holiday” means any day that has been designed as such by City Council.

7. "Notice to Proceed" means a written communication from the Director to Contractor instructing Contractor to begin performance.

8. “Original Maximum Contract Amount” is the dollar amount set forth in the City Council Ordinance first approving and authorizing this Agreement. [IF APPLICABLE – DEPENDENT ON FUNDING]

9. “Parties” mean the City and Contractor collectively.

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EXHIBIT B

SCOPE OF SERVICES

(To be inserted by the City at the time of contract execution.)

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EXHIBIT CTITLE VI: NON-DISCRIMINATION

During the performance of this Agreement, Contractor, for itself, its assignees and successors in interest agrees as follows:

1. Compliance with Regulations - The Contractor shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (“DOT”) 49 CFR Part 21, as may be amended from time to time (“Regulations”), which are incorporated by reference and made a part of this Agreement.

2. Non-discrimination - The Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of Subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in Appendix B of the Regulations.

3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment - In all solicitation, either by competitive bidding or negotiation, made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential Subcontractor or supplier shall be notified by the Contractor of the Contractor’s obligations under this Agreement and the Regulations relative to non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports - The Contractor shall provide all information and reports required by the regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the FAA to be pertinent to ascertain compliance with such regulations, orders and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance - In the event of the Contractor’s noncompliance with the non-discrimination provisions of this Agreement, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including but not limited to:

5.1. withholding of payments to the Contractor under the Agreement until the Contractor complies, and/or

5.2. cancellation, termination, or suspension of the Agreement, in whole or in part.

6. Incorporation of Provisions - The Contractor shall include the provisions of paragraphs 1-5 above in every subcontract, including procurement of materials and leases of equipment, unless exempt by the regulations or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. If the Contractor becomes involved in, or is threatened with, litigation with a Subcontractors or supplier as a result of such direction, the Contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Contractor may request the United States of America to enter into such litigation to protect the interests of the United States.

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EXHIBIT DDRUG POLICY COMPLIANCE AGREEMENT

I, as an owner or officer ________ (Contractor)(Name) (Print/Type) (Title) (Name of Company)

have authority to bind Contractor with respect to its bid, offer or performance of any and all contracts it may enter into with the City of Houston; and that by making this Agreement, I affirm that the Contractor is aware of and by the time the contract is awarded will be bound by and agree to designate appropriate safety impact positions for company employee positions, and to comply with the following requirements before the City issues a Notice to Proceed:

1. Develop and implement a written Drug Free Workplace Policy and related drug testing procedures for the Contractor that meet the criteria and requirements established by the Mayor's Amended Policy on Drug Detection and Deterrence (Mayor's Drug Policy) and the Mayor's Drug Detection and Deterrence Procedures for Contractors (Executive Order No. 1-31).

2. Obtain a facility to collect urine samples consistent with Health and Human Services (HHS) guidelines and a HHS certified drug testing laboratory to perform the drug tests.

3. Monitor and keep records of drug tests given and the results; and upon request from the City of Houston, provide confirmation of such testing and results.

4. Submit semi-annual Drug Policy Compliance Declarations.

I affirm on behalf of the Contractor that full compliance with the Mayor's Drug Policy and Executive Order No. 1-31 is a material condition of the contract with the City of Houston.

I further acknowledge that falsification, failure to comply with or failure to timely submit declarations and/or documentation in compliance with the Mayor's Drug Policy and/or Executive Order No. 1-31 will be considered a breach of the contract with the City and may result in non-award or termination of the Agreement by the City of Houston.

Date Contractor Name

Signature

Title

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EXHIBIT ECONTRACTOR’S CERTIFICATION OF NO SAFETY IMPACT POSITIONS

IN PERFORMANCE OF A CITY CONTRACT

I, ___________________________________________________________________________________(Name - Print/Type) (Title)

as an owner or officer of _____________________________________________________ (Contractor) have authority to bind the Contractor with respect to its bid, and I hereby certify that Contractor has no employee safety impact positions as defined in §5.18 of Executive Order No. 1-31 that will be involved in performing this City Contract. Contractor agrees and covenants that it shall immediately notify the City’s Director or designee Human Resources if any safety impact positions are established to provide services in performing this City Contract.

______________________________ __________________________________________Date Contractor Name

__________________________________________Signature

__________________________________________Title

CONTRACTOR’S CERTIFICATION OF NON-APPLICATION OFCITY OF HOUSTON DRUG DETECTION AND DETERRENCE PROCEDURES

FOR CONTRACTORS

I, ___________________________________________________________________________________(Name - Print/Type)

as an owner or officer of _____________________________________________________ (Contractor) have authority to bind the Contractor with respect to its bid, and I hereby certify that Contractor has fewer than fifteen (15) employees during any 20-week period during a calendar year and also certify that Contractor has no employee safety impact positions as defined in §5.18 of Executive Order No. 1-31 that will be involved in performing this City Contract. Safety impact position means a Contractor’s employment position involving job duties that if performed with inattentiveness, errors in judgment, or diminished coordination, dexterity, or composure may result in mistakes that could present a real and/or imminent threat to the personal health or safety of the employee, co-workers, and/or the public.

______________________________ __________________________________________Date Contractor Name

__________________________________________Signature

__________________________________________Title

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EXHIBIT FDRUG POLICY COMPLIANCE DECLARATION

I, , as an owner or officer of (Contractor)(Name) (Print/Type) (Title) (Name of Company)

have personal knowledge and full authority to make the following declarations:

This reporting period covers the preceding 6 months from to , 20 .

_________Written drug testing procedures have been implemented in conformity with the Mayor’s Drug Detection and Deterrence Procedures for Contractors, Executive Order No. 1-31. Employees have been notified of such procedures.Initials

_________ Collection/testing has been conducted in compliance with federal Health and Human Services (HHS) guidelines.Initials

_________Appropriate safety impact positions have been designated for employee positions performing on the City of Houston contract. The number of employees in safety impact positions during this reporting period is __________________________.

Initials

_________From ________________ to ________________ the following tests have occurred:

Initials (Start Date) (End Date)

RandomReasonable Suspicion

PostAccident Total

Number Employees Tested __________ ___________ ___________ ___________

Number Employees Positive __________ __________ ___________ ___________

Percent Employees Positive __________ ___________ ___________ ___________

_________ Any employee who tested positive was immediately removed from the City worksite consistent with the Mayor's Policy and Executive Order No. 1-31.

Initials

_________ I affirm that falsification or failure to submit this declaration timely in accordance with established guidelines will be considered a breach of contract.

Initials

I declare under penalty of perjury that the affirmations made herein and all information contained in this declaration are within my personal knowledge and are true and correct.

Date (Typed or Printed Name)

(Signature)

(Title)

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EXHIBIT GFEES AND COSTS


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EXHIBIT H

PERFORMANCE BOND


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