Pressure Washing Service at American Way & William Hudson Transit Center

MEMPHIS AREA TRANSIT AUTHORITY LEGAL NOTICE TO BIDDERS Bids will be received by the Memphis Area Transit Authority (MATA) at its Purchasing offices, located at 40 South Main Street, Suite 1200, Memphis, TN, 38103, until 10:00 a.m. local time, on April 30,2024 opened and read aloud at that time for furnishing the following: PRESSURE WASHING SEVICES AT AMERICAN WAY & HUDSON TRANSIT CENTERS A walkthrough will take place on Thursday, March 21, 2024, at 10:00 A.M at the William Hudson Transit Center, at 444 N. Main St., Memphis, TN 38105 and at 11:30 at the American Way Transit Center, 3912 American Way, Memphis, TN 38118. While attendance is not mandatory, it is strongly suggested. Bidders must submit their bid with the enclosed label attached to the envelope. MATA hereby notifies all Bidders that regarding any contract entered pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this advertisement and will not be

discriminated against on the grounds of race, color, sex, religion, political affiliation or national origin in consideration of an award. Any name appearing on the Comptroller General’s list of ineligible contractors is not an eligible bidder. The contractor will be required to comply with all applicable Equal Employment Laws and Regulations. Further information and bid requirements may be obtained by contacting Janice Bowers, Contract Administrator at (901) 722-7184 or via email: jbowers@matatransit.com. The contract award will be made based on the Lowest Responsive and Responsible bidder selected by the Authority, provided it is in their best interest. MATA reserves the right to reject SNY bids and waive any informality in bidding. March 15, 2024, and April 24 & 26, 2024 Bacarra S. Mauldin Interim Chief Executive Officer mailto:abest@matatransit.com SECTION A INSTRUCTIONS TO BIDDERS SECTION A - 1 SECTION A INSTRUCTIONS TO BIDDERS 1.0 GENERAL 1.1 The Memphis Area Transit Authority (hereinafter referred to as MATA) seeks Bids for professional services from qualified firms capable of providing the scope of services described in Section B. These instructions provide detailed legal and technical requirements for the acquisition of these services. This Invitation for Bid (IFB) will become part of the contract. MATA will contract with the successful bidder for products and/or services related to the Project. This Project is more particularly described in Section B - Scope of Services. General Contract Provisions are included in Attachment 1. Where there is conflict between the General Contract Provisions and Section A, the provisions of instructions to bidders. MATA is a public agency responsible for providing public transportation services in Memphis and surrounding communities. 1.2 "Purchaser" or "Grantee" or "Authority" means MATA. The words "bid", "offer", and are synonymous. The words "proposal", "bid" and "offer" are also synonymous, and once MATA accepts the same, the document will constitute a portion of the contract contemplated by these instructions. The words "Bidder", "Vendor" and "Contractor" are also synonymous. 1.3 This Invitation for Bids (IFB) does not commit MATA to award a contract or pay any costs incurred in preparation of bids in response to the IFB. Bidders shall be responsible for all costs incurred as part of their participation in the pre-award process. 1.4 A walkthrough will take place on Thursday, March 21, 2024, at 10:00 A.M at the William Hudson Transit Center, at 444 N. Main St., Memphis, TN 38105 and at 11:30 at the American Way Transit Center, 3912 American Way, Memphis, TN 38118. While attendance is not mandatory, it is strongly suggested. 1.5 Bids will be received by MATA at its Purchasing offices located at One Commerce, 40 South Main Street, Suite 1200, Memphis, TN 38103 until 10:00 a.m. local time. BIDS RECEIVED AFTER THIS DATE AND TIME WILL BE RETURNED TO THE BIDDER UNOPENED. All Bids shall be deemed received at the above address. Bidders are solely responsible for ensuring that his/her Bid is timely delivered. Bidders who rely on overnight delivery services, the United States mail, private mail services, local couriers or delivery services remain solely responsible for timely delivery of the Bid and assume all risk of late delivery, miss-delivery and non- delivery. All Bids will be date/time stamped, logged and deposited by MATA Staff. Bidders are reminded that all Bids must be securely sealed, have the enclosed label attached and be clearly marked "Bid". SECTION A - 2 After normal business hours (4:30 p.m. - 8:00 a.m.), bids will be accepted at the MATA dispatcher's office, 1370 Levee Road, Memphis, TN 38108; however, bidders are reminded of their sole responsibility for ensuring that their bid is deposited in the Purchasing Department. Bidders may verify receipt of Bids by contacting MATA at (901) 722-7184 or email: jbowers@matatransit.com OR purchasing@matatransit.com 1.6 All bids and related documents shall be subject to a financial assistance contract between MATA and the United States Department of Transportation, under the Federal Transit Act, as amended, and terms and conditions established under the Act will apply. 2.0. BID REQUIREMENTS 2.1 Bids must set forth full, accurate, and complete information required by this IFB including any attachments. 2.2 MATA has prepared and attached to these instructions the required bid form. This bid form and all accompanying documents or certifications and materials submitted by the bidder will be deemed part of the bid. 2.3 The price quoted in any bid shall include all labor, materials, tools, equipment and other costs necessary to fully complete the work as set forth in the Scope of Work. Anything omitted from the Scope of Work, which is clearly necessary for the completion of the work, should be considered a portion of the bid. 3.0 BID FORMAT 3.1 Bids shall be submitted in a sealed package clearly marked to reflect the contents. One (1) original and one (1) electronic copy (flash drive) shall be submitted. 3.2 Bidders are required to submit bids in the following format: A. Bid Forms and Attachments in triplicate 1. Addenda Acknowledgment Form 2. Affidavit of non-collusion 3. Buy America Certificate 4. Federal Tax Liability and Recent Felony Conviction 5 Certification of Primary Participation Regarding Debarment, Suspension, and other Responsibility Matters 6. Certification of Lower-Tier Participants Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 7. Certification of Restrictions on Lobbying 8 Certification of Utilization of Disadvantaged Business Enterprises 9 National Defense Authorization Act Telecommunications 10 Letter of Intent to Perform as a DBE Contractor or Subcontractor 11. Government Wide Debarment And Suspension (Non-procurement) 12. Schedule of DBE Participation 13. Explanation of "No Response" mailto:jbowers@matatransit.com mailto:purchasing@matatransit.com SECTION A - 3 14 Bid Form 4.0 BID PROCEDURES 4.1 MATA reserves the right to postpone the bid opening for its own convenience and to waive any minor bid informalities, which do not go to the heart of the bid or prejudice other bidders, or to reject, for good and compelling reasons, any and all bids submitted. 4.2 Conditional bids or those which take exception to the specifications, will be considered "non- responsive". 4.3 Changes to the specifications will be made by written addendum by MATA and will be forwarded to all persons and firms to whom documents have been submitted. ANY VERBAL COMMUNICATION IS NOT CONSIDERED MATA'S OFFICIAL RESPONSE. 4.4 Requests for Clarifications or Approved Equals must be submitted in writing to Janice Bowers, via, email : jbowers@matatransit.com OR purchasing@matatransit.com OR post mail ,MATA, 40 South Main Street, Suite 1200, Memphis, TN 38103 and must be received no later than 10:00 a.m. local time on March 24, 2024, in accordance with the Approved Equals procedures described in the General Contract Provisions. Any unapproved deviations, exceptions, substitutes, alternates or conditional qualifications contained in a bid may be cause for its rejection. VERBAL QUESTIONS WILL NOT BE ANSWERED, THUS PREVENTING AN UNFAIR ADVANTAGE TO ANY BIDDER. 4.5 Bidders shall submit an original and one (1) electronic flash drive of their respective bids. Bids shall be securely sealed to prevent access prior to the bid closing date. Bids shall be clearly marked with the enclosed label attached. Bids shall be valid for a minimum period of ninety- (90) days subsequent to the bid closing date. Bids offering less than ninety (90) days for acceptance by MATA from the bid closing date will be considered non-responsive. 5.0 BID EVALUATION AND CONTRACT AWARD 5.1 The contract will be awarded to the lowest responsive and responsible bidder. Meaning the bid presented by the responsible bidder which conforms with all material items and conditions of this IFB and is lowest in price. 5.2 MATA reserves the right to reject any and all bids or to waive minor informalities and irregularities in offers received. 5.3 A written notice of award or acceptance of Offer, mailed or otherwise furnished to the successful Bidder within the time specified in the bid, shall be deemed to result in a binding contract. 6.0 PROTESTS 6.1 MATA will consider all protests filed in a timely manner regarding the award. All protests are to be submitted in writing, in accordance with the protest procedures described in the General Contract Provisions. mailto:jbowers@matatransit.com mailto:purchasing@matatransit.com SECTION A - 4 6.2 Under certain limited circumstances, a potential Bidder may protest to FTA the award of a contract pursuant to an FTA grant. FTA's review of any protest is limited to: A. An alleged failure to MATA to have written protest procedures or alleged failure to follow such procedures. B. Alleged violations of a specific Federal requirement that provides an applicable complaint procedure, which shall be submitted in accordance with the Federal regulation. 7.0 DISADVANTAGED BUSINESS ENTERPRISE 7.1 GENERAL DBE INFORMATION A. The Memphis Area Transit Authority (MATA), a recipient of Federal financial assistance from the Federal Transit Administration, is committed to and has adopted a Disadvantaged Business Enterprise Policy in accordance with Federal Regulations (49 C.F.R. Part 26, as amended) issued by the U.S. Department of Transportation. It is the policy of MATA to ensure nondiscrimination in the award and administration of DOT-assisted contracts and to create a level playing field on which DBEs can compete fairly for contracts and subcontracts relating to its activities. To this end, MATA has developed procedures to remove barriers to DBE participation in the bidding and award process and to assist DBE firms to develop and compete successfully outside of the DBE program. In connection with the performance of this contract, the Prime Contractor will cooperate with MATA in meeting these commitments and objectives. Accordingly, the Prime Contractor and any subcontractors shall not discriminate based on race, color, national origin, or sex in the performance of this contract. The Prime Contractors and subcontractors shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT-assisted contracts. Failure by the Prime Contractor and any subcontractors to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as MATA deems appropriate. Only certified Disadvantaged Business Enterprises can be counted toward the goal. Participation by certified "Minority Business Enterprises" (MBE) or certified "Woman Owned Business Enterprises" (WBE) cannot be counted toward the goal. While participation by MBEs and WBEs is encouraged, MATA is governed by the U.S. Department of Transportation program which only recognizes the designation of DBE. DBE participants must be certified in Tennessee. MATA is a member of the Tennessee Unified Certification Program (TN UCP) and accepts Tennessee DBE certifications from the following entities: Memphis Area Transit Authority Tennessee Department of Transportation Unified Certification Program SECTION A - 5 Uniform Certification Agency (managed by the Mid-South Minority Business Council) A list of firms currently certified in Tennessee can be found at: www.tdot.state.tn.us/dbedirectinternet/ Certification in the State of Tennessee must be achieved by the time the bids are due otherwise the participation of a proposed DBE firm cannot be counted toward the goal. If a proposed DBE firm is not certified at the time the bids are due and, as a result, the goal is not met, then the bid will be considered "non-responsive" and rejected unless the good faith efforts have been accepted as satisfactory. It is highly recommended that a copy of a current certification of Disadvantaged Business Enterprise issued by the Tennessee Department of Transportation or the Uniform Certification Agency be included with the offer for each DBE firm being proposed. 7.2 DBE GOAL A. Annual Overall Goal for DBE Participation An annual overall goal for DBE participation in Owner U.S. DOT-assisted contracts is established by MATA's DBE Officer and approved by MATA's Board of Commissioners on a fiscal year basis. These goals reflect the availability of ready, willing and able DBEs that would be expected to participate in Owner contracts absent effects of discrimination. The goals are calculated as a percentage of the total amount of U.S. DOT funds that the Owner expects to expend on contracting opportunities during the fiscal year. B. DBE Goal Applicable to This Contract MATA has established a specific DBE goal of 12% for this contract. However, DBE participation is encouraged either the capacity of the prime contractor or subcontractor. Bidders are required to document their activities in the solicitation and selection of subcontractors to ensure that this process is carried out in a nondiscriminatory manner. 7.3 DBE ELIGIBILITY AND PARTICIPATION A. Evaluation of DBE Certification Status MATA shall require that any DBEs listed by bidders for participation in the contract be certified, as eligible DBEs at the time of bid submittal. The DBE Officer shall review the Bidder's DBE Participation Form to confirm each DBE firm's certification status. B. Determination of Amount of DBE Participation Only the work actually performed by a DBE with its own forces will be counted as DBE participation. A DBE may participate as a prime contractor, subcontractor, joint venture partner, or vendor or supplier of materials or services required by the contract. A DBE's participation can only be counted if it performs a commercially useful function on the contract. A DBE performs a commercially useful function when it actually performs, manages and supervises a portion of the work involved. There is a rebuttable presumption http://www.tdot.state.tn.us/dbedirectinternet/ SECTION A - 6 that if the DBE is not responsible for at least 30% of the work with its own forces, or subcontracts a greater portion of the work than the normal industry standard, it is not performing a commercially useful function. A DBE trucking company performs a commercially useful function if it is responsible for the overall management and supervision of the transportation services involved and uses at least one truck that it owns, insures and operates with its own employees on the contract. The Contractor shall count DBE participation according to the following guidelines and in accordance with 49 CFR § 26.55: i. DBE Prime Contractor - Count the entire dollar amount of the work performed or services provided by the DBE's own forces, including the cost of materials and supplies obtained for the work and the reasonable fees and commissions charged for the services. Do not count any work subcontracted to another firm as DBE participation by the DBE Prime Contractor. ii. DBE Subcontractor - Count the entire amount of the work performed or services provided by the DBE's own forces, including the cost of materials and supplies obtained for the work, except for materials and supplies purchased or leased from the Prime Contractor, and reasonable fees and commissions charged for the services. Do not count any work subcontracted by the DBE Subcontractor to another firm as DBE Participation by said DBE subcontractor. If the work has been subcontracted to another DBE, it will be counted as DBE participation for that other DBE. iii. DBE Joint Venture Partner - Count the portion of the work that is performed solely by the DBE's forces or, if the work is not clearly delineated between the DBE and the joint venture partner, count the portion of the work equal to the DBE's percentage ownership interest in the joint venture. iv. DBE Manufacturer - Count 100% of the costs of materials and supplies obtained from a DBE manufacturer that operates or maintains a factory that produces the materials and supplies on the premises. This applies whether the DBE is a prime contractor or subcontractor. v. DBE Regular Dealer - Count 60% of the costs of materials and supplies obtained from a DBE regular dealer that owns, operates or maintains a store or warehouse in which the materials and supplies are regularly bought, kept in stock and sold or leased to the public in the usual course of business, except regular dealers of bulk items such as petroleum, cement and gravel who own and operate distribution equipment in lieu of maintaining a place of business. This applies whether a DBE is a prime contractor or subcontractor. vi Other DBEs - Count the entire amount of fees or commissions charged for assistance in procuring or delivering materials and supplies when purchased from a DBE that is not a manufacturer or regular dealer. Do not count the cost of materials and supplies. vii DBE Trucking Company - Count the entire amount of the transportation services provided by a DBE trucking company that performs the work using trucks it owns, insures and operates with its own employees on the contract. Count the entire amount of the transportation service provided by a DBE trucking company that performs the work using trucks it leases from another DBE, including an owner-operator, provided that it is responsible for the overall management and supervision of the service and that it uses at least one truck that it owns, insures and operates with its own employees on the contract. SECTION A - 7 Count the entire amount of fees and commissions charged for providing the management and supervision of transportation services using trucks it leases from a non-DBE trucking company, including owner-operator, provided that it is responsible for the overall management and supervision of the service and that it uses at least one truck that it owns, insures and operates with its own employees on the contract. SECTION B SCOPE OF SERVICES SECTION B - 1 SECTION B SCOPE OF SERVICES Provide a five (5) year contract for Pressure Washing Services at the American Way Transit Center located at 3921 American Way, Memphis, TN 38118 and William Hudson Transit Center located at 444 North Main St., Memphis, TN 38105, this contract is to begin on or before May 31, 2024 thru April 30, 2029. The following work must be performed TWICE a month between the hours of 7pm on Sunday to 3am on Monday.: Pressure washing of sidewalks, driveways and front of buildings and gum removal to include Second Street and the Main Street sides at the William Hudson Transit Center. All Cleaning Chemicals must be bio-degradable and environmentally safe. SECTION C REQUIRED FORMS AND CERTIFICATIONS MEMPHIS AREA TRANSIT AUTHORITY ADDENDA ACKNOWLEDGEMENT FORM Addenda received (if none received, write "none received") Addendum No: Date Received: Addendum No: Date Received: Addendum No: Date Received: Addendum No: Date Received: Addendum No: Date Received: Addendum No: Date Received: Addendum No: Date Received: Addendum No: Date Received: Name of individual, partner or corporation: Street Address: City, State and Zip Code: Telephone Number: Fax Number: Printed Name: Authorized Signature: Title: EXHIBIT I MEMPHIS AREA TRANSIT AUTHORITY AFFIDAVIT OF NON-COLLUSION Affidavit of Non-Collusion: I hereby swear (or affirm) under the penalty of perjury: (1) That I am the bidder (if the bidder is an individual), a partner of the bidder (if the bidder is a partnership), or an officer or employee of the proposing corporation with authority to sign on its behalf (if the bidder is a corporation); (2) That the attached bid or bids have been arrived at by the bidder independently, and have been submitted without collusion with, and without any agreement, understanding, or planned common course of action with any other vendor of materials, supplies, equipment, or services described in the invitation for bid, designed to limit independent proposing or competition. (3) That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the proposal or bids; and (4) That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed: Firm Name: Subscribed and sworn to before me this day of Notary Public My Commission expires Bidder's E.I. Number: (Number used on Employer's Quarterly Federal tax return) EXHIBIT II MEMPHIS AREA TRANSIT AUTHORITY BUY AMERICA CERTIFICATE (For Contracts of $150,000 or greater) The bidder hereby certifies that it will comply with the requirements of Section 165a of the Surface Transportation Assistance Act of 1982 and the regulations in 49 CFR 661. Date Signature Title or The bidder hereby certifies that it cannot comply with the requirements of Section 165a of Surface Transportation Assistance Act of 1982, but it may qualify for an exception to the requirement pursuant to Section 165b of the Surface Transportation Assistance Act and regulations in 49 CFR 661.7. Date Signature Title