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HomeMy WebLinkAboutBID - 5764 VEHICLE CUT A WAY VANAdministrative Services Purchasing Division CITY OF FORT COLLINS City of Fort Collins INVITATION TO BID BID #5764 VEHICLE: CUT -A -WAY VAN BID OPENING: FEBRUARY 19, 2003, 2:30 P.M. (our clock) Sealed bids will be received and publicly opened at the office of the Director Of Purchasing and Risk Management, PO Box 580, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80522, at the time and date noted on the bid�roposal and/or contract documents. If delivered, they are to be sent to 215 North Mason Street, 2" Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Bids must be received at the Purchasing Office prior to 2:30p.m. (our clock), February 19, 2003. A copy of the Bid may be obtained as follows: 1. Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to request document #25764. (The bid number must be preceded by a 2 when using the Fax -line.) 2. Download the Bid from the Purchasing Webpage, Current Bids page, at: www.fcgov.com/purchasing. 3. Come by Purchasing at 215 North Mason St., 2nd floor., Fort Collins, and request a copy of the Bid. Special Instructions All bids must be properly signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for closing. Once bids have been accepted by the City and closing has occurred, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the City of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five (45) days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Office will be accepted. All bids should be clearly identified by the bid number and bid name contained in the bid proposal. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 No. Item Description Meets Spec? 6.31 EMERGENCY All emergency exits shall be marked with Yes EXITS: instruction for proper use and include red lights No above the egress windows and rear door. No seats or other object shall be placed in the vehicle, which restricts passageway to an emergency exit to less than 16 inches. Transpec emergency roof hatch to be installed in center of bus roof. Vehicle to be equipped with a rear emergency door. 6.32 DOOR LOCKS: All doors, but passenger door, must be lockable Yes by key from outside of vehicle. Lift door must No also be keyed the same with factory installed locks. All doors must be easily opened from inside the vehicle. 6.33 PASSENGER Electrically operated passenger door with control Yes DOOR: installed for easy access. Passenger door shall No be of pre -hung construction with itO own frame, a Clark brand or equivalent is acceptable. An outward opening door is preferred and requested. Door to be equipped with a flexible soft rubber cushion at least 1" in width on the meeting edge and at bottom of doors for seal to step well. Door to be located on right side of the vehicle behind the right front wheel. Clear opening entrance with a minimum of 31" frame opening width. Door opening height to be 80" minimum from top of first step to door header. All steps to be enclosed with steel and steps to be inside of vehicle )no outside steps allowed). Ground to first step not to exceed 11" +/ -1" in height. Each additional step to be 9" maximum rise with 9" minimum depth. 10 No. Item Description Meets Spec? 6.34 WHEEL CHAIR: Wheelchair lift entrance to be double door type, Yes 41" minimum wide and to be equipped with gas No strut openers to hold in the door open position. Wheel chair door shall be located at the front of the curbside of the bus. Door jam to be reinforced to prevent door from rattling. Wheelchair lift installed shall be a Braun L9181B series. Wheelchair lift area to have adequate modesty panels to prevent ambulatory seated passengers from injury when lift is in use. Safety interlock switch to be installed to prevent lift operation if lift door is in the closed position. 6.35 SEATS: Drivers seat shall be Recaro Model # 13100 Yes installed so that all adjustments shall be fully No utilized. Factory installed shoulder harness/seat belt assembly shall be used in conjunction with aftermarket seat. Color coordinated cloth driver seat. 6.36 PASSENGER Forward faced seating for 12 plus 3 wheelchair Yes SEATS: ties that will convert to 4 seating and 3 No wheelchair tie -downs. ( use Q-Straint non flange 7000 track system the full length of the bus, both sides), Seats to be bench type two passenger in the rear and 4-Freedman Featherweight fold away seats (or equivalent). The seat track will be limited to the space necessary for the rear seat locations and WILL NOT continue throughout the bus to the front. Seat bottom to have 0" minimum plywood base fully padded with neoprene foam. Seats to be covered with transportation grade vinyl coated fabric for durability. All materials in seats to be flame retardant. All seat mounts to meet all applicable Federal Standards and to be placed so no more than 25% of the seat bottom over -hangs either end of mount. Pedestals shall be inboard to eliminate tripping hazards. Wheel wells shall not protrude into passenger legroom space. 11 No. Item Description Meets Spec? 6.37 GRAB RAILS & Factory installed left and right side entrance grab Yes STANCHIONS: rails (with 1-1 T minimum finger clearance) shall No be positioned so passengers entering vehicle will not use door opening device for support when boarding. A modesty panel shall be provided to the left of the entrance door with a floor to ceiling padded stanchion provided at the aisle. Padding must not slip when grasped. The top rail of the modesty panel to be 30" plus or minus 2" above the floor. 6.38 INTERIOR Overhead entrance and step well lights shall be Yes LIGHTS: provided to ensure illumination of step well. No These lights shall illuminate automatically when door is opened. 2 drivers side and 1 passenger side 3 foot Transmatic lights overhead to allow for illumination at a reading level. A separate light to be provided to illuminate wheelchair lift platform for night operation if lift is required. Light to be activated by door activated switch. 6.39 INSULATION: Inside walls, ceiling, and firewall area to be Yes adequately installed with fire resistant, resistant No to fumes, material to prevent condensation, and thoroughly sealed so that drafts cannot be felt during normal operation. 6.40 SAFETY 16 unit first aid kit Yes EQUIPMENT: 5 pound rechargeable type ABC rated fire No extinguisher with metal head. Triangle warning devices with storage case Fireproof utility blanket in storage box Back-up warning device Audible warning device to make driver aware that the rear door is ajar. Retractable seat belts shall be provided for all passenger seats with a minimum 40" usable length above the seat. (Double adjustable seat belt part #14460 Braun or equivalent). All safety equipment is to be secured to vehicle easily accessible to driver 12 No. Item Description Meets Spec? 6.41 WIRING: All cable and wiring shall be coded and the Yes builder shall furnish completed wiring diagram, No marked to show the code used. All added accessories and electrical equipment shall be wired through a constant solenoid energized by the vehicle ignition switch, and have a separate circuit breaking system (battery isolator is not acceptable). 6.42 UNDERCOATING: Complete bus, body and chassis undercoating, Yes factory applied. No 6.43 MANUALS AND Each vehicle must be delivered with an Yes KEYS: operatorOmanual and three sets of keys. In No addition, one of each of the following must be supplied. Complete set of OEM Shop Repair manuals Shop Repair Manual, Body (Mfg.) Parts Manual Electrical Manual Wheelchair Lift Repair Manual 6.44 WARRANTY: A full Three-(3) year, 36,000 mile power train Yes warranty commencing from the date of delivery. No Warranty shall cover defective components and workmanship and coverage shall include parts and labor associated with any defects. Any minor repairs that are warranty related, will be required of the dealer to perform these repairs on site at 6570 Portner Road, Fort Collins. OPTIONS Gasoline engine and 40-gallon fuel tank in lieu of $( ) A CNG engine. $ B Pickup chassis in lieu of van chassis $ C Q-Straint QRT Deluxe style hold downs for 3 chairs 13 7.0 BID PROPOSAL Bid # 5764, Cut -a -Way Van 7.1 UNIT DESCRIPTION Make Model Year 7.2 BASE PRICE, as specified, per unit $ 7.3 OPTIONS A $ B $ C $ 7.4 ADDITIONAL VEHICLES Enter maximum price change, in percent, applicable to orders placed within: One year: % Two years: % Prices paid for additional vehicles must be negotiated by and agreed to by both parties. 8.0 FREIGHT TERMS FOB destination, freight prepaid. All freight charges must be included in bid pricing. 9.0 DELIVERY Delivery will occur days after proper notification of bid award. 10.0 CONTRACTOR'S STATEMENT I have read and fully understand all the conditions, specifications, and special instructions herein set forth above in paragraphs 1.0 through 9.0. 1 hereby agree to comply with all said conditions, special instructions, and specifications as stated or implied. Signature: Title: Print name: Company: Date: Street: Phone #: City/State/Zip: Fax #: 14 City of Fort Collins, Colorado FEDERAL REQUIREMENTS TABLE OF CONTENTS Buy America Requirements Page 2 Cargo Preference Requirements Page 2 Seismic Safety Requirements Page 2 Energy Conservation Requirements Page 2 Clean Water Requirements Page 3 Bus Testing Page 3 Pre -Award and Post Deliver Audits Page 3-4 Lobbying Page 4 Access to Records and Reports Page 4-5 Federal Changes Page 5-9 Clean Air Page 9 Recycled Products Page 9 Copeland Anti -Kickback Act Page 9 No Government Obligation to Third Parties Page 10 Program Fraud and False or Fraudulent Statements Page 10 Termination Page 10-13 Governmentwide Debarment and Suspension (Non procurement) Page 13-14 Privacy Act Page 14-15 Civil Rights Requirements Page 15-16 Breaches and Dispute Resolution Page 16 Patent and Rights in Data Page 16-19 Disadvantaged Business Enterprise (DBE) Page 19-21 Interests of Members of or Delegates to Congress Page 21 Prohibited Interest Page 21 Incorporation of Federal Transit Administration (FTA) Terms Page 21 ATTACHMENTS: Attachment 1 Buy America Requirements 4 pages Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements 1 page City of Fort Collins, Colorado BUY AMERICA REQUIREMENTS 49 U.S.C. 53230)49 CFR Part 661 The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts. The contractor agrees to comply with 49 U.S.C. 53230) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, software, and small purchases (currently less than $100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 53230)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. CARGO PREFERENCE REQUIREMENTS 46 U.S.C.1241 46 CFR Part 381 Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately owned United States -Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States -Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill -of -lading) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 2 City of Fort Collins, Colorado CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Clean Water (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. BUS TESTING 49 U.S.C. 5323(c)49 CFR PART 665 Bus Testing — The Contractor [Manufacturer] agrees to comply with 49 U.S.C. A 5323(c) and FTA's implementing regulation at-49 CFR Part 665 and shall perform the following: 1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient's final acceptance of the first vehicle. 2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public. 3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. 4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components. PRE -AWARD AND POST DELIVERY AUDITS REQUIREMENTS 49 U.S. C. 5323 49 CFR PART 663 Pre -Award and Post -Delivery Audit Requirements The Contractor agrees to comply with 49 U.S.C.§ 5323(I) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit the following certifications: (1) Buy America Requirements: The Contractor shall complete and submit a declaration certifying 3 City of Fort Collins, Colorado either compliance or noncompliance with Buy America. If the Bidder/Offeror certifies compliance with Buy America, it shall submit documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid specifications. (3) Federal Motor Vehicle Safety Standards (FMVSS): The contractor shall submit 1) manufacturer's FMVSS self -certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted busses will not be subject to FMVSS regulations. BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT LOBBYING 31 U.S.C. 135249 CFR Part 1949 CFR Part 20 Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C.0 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Submit signed Attachment 4, Certification Regarding Lobbying, with Bid or Proposal. Certification for Contracts, Grants, Loans, and Cooperative Agreements ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 49 CFR.633.17Access to Records - The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the Unites States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)l , which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Not applicable 0 City of Fort Collins, Colorado 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the Unites States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). FEDERAL CHANGES 49 CFR Part 18 Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. BONDING REQUIREMENTS (for Purchasing Information only -does not need to be included in bids or RFPS) Applicability to Contracts For those construction or facility improvement contracts or subcontracts exceeding $100,000 FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidderwill, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. b. performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A 5 Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable Bidders not responding to this bid will be removed from our automated vendor listing for the subject commodities. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales prohibited/conflict of interest: no officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority overthe services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity, favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight terms: unless otherwise noted, all freight is F.O.B. Destination, Freight Prepaid. All freight charges must be included in prices submitted on proposal. Discounts: any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Purchasing restrictions: your authorized signature of this bid assures your firm's compliance with the City's purchasing restrictions. A copy of the resolutions are available for review in the Purchasing Office or the City Clerk's Office. Request Resolution 91-121 for cement restrictions. Collusive or sham bids: any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid results: for information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Bid results will be posted in our office 7 days after the bid opening. C� tt Ja es B. O'Neill II, CPPO, FNIGP ector of Purchasing and Risk Management V4 City of Fort Collins, Colorado "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: (1) 50% of the contract price if the contract price is not more than $1 million; (2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or (3) $2.5 million if the contract price is more than $5 million. d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Bonding requirements flow down to the first tier contractors. FTA does not prescribe specific wording to be included in third party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) (a) Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. (b) Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. m City of Fort Collins, Colorado Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: (a) Performance bonds 1. The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (b) Payment bonds The penal amount of the payment bonds shall equal: (i) Fifty percent of the contract price if the co9ntract price is not more than $1 million. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is more than $5 million. 2. If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non -Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. a) The following situations may warrant a performance bond: 1. (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2. A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it in financially capable. 3. Substantial progress payments are made before delivery of end items starts. 4. Contracts are for dismantling, demolition, or removal of improvements. (b) When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as fellows: The penal amount of performance bonds shall be 100 percent of the 7 City of Fort Collins, Colorado original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2. The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. (c) A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. (d) When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: The penal amount of payment bonds shall equal: (i) Fifty percent of the contract price if the contract price is not more than $1 million. (ii) Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or (iii) Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (Recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (Recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor City of Fort Collins, Colorado shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance bond and Labor and Material Payment Bond forthis Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 Clean Air (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.0 7401 et seq.. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. RECYCLED PRODUCTS 42 U.S.C.6962 40 CFR Part 247 Executive Order 12873 Recovered Materials - The contractor agrees to complywith all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. COPELAND ANTI -KICKBACK ACT 40 U.S.C. 0 276c (1995) 29 C.F.R. 0 3 (1995) 29 C.F.R. 0 5 (1995) 3.1 of the Copeland Act makes it clear that the purpose of the Act is to assist in "the enforcement of the minimum wage provisions of the Davis- Bacon Act." In keeping with this intent DOL has included a section on the Copeland Act in the mandatory language of the Davis -Bacon provisions. The language can be found at 05.5(a)(5) of the Davis -Bacon model clauses and reads as follows: NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 9 City of Fort Collins, Colorado (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C.0 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C.0 5307, the Government reserves the right to impose the penalties of 18 U.S.C.0 1001 and 49 U.S.C.0 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1 D a. Termination for Convenience (General Provision) The City of Fort Collins may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Fort Collins, the Contractor will account forthe same, and dispose of it in the manner the City of Fort Collins directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Fort Collins may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract 10 City of Fort Collins, Colorado price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Fort Collins that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Fort Collins, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The City of Fort Collins in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to the City of Fort Collins' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (1 0) days] after receipt by Contractor or written notice from the City of Fort Collins setting forth the nature of said breach or default, the City of Fort Collins shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City of Fort Collins from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City of Fort Collins elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City of Fort Collins shall not limit the City of Fort Collins's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. f. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the City of Fort Collins, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and the City of Fort Collins shall agree on payment for the Preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued 11 City of Fort Collins, Colorado for the convenience of the City of Fort Collins. g. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the City of Fort Collins may terminate this contract for default. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may takeover the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor changed with damages under this clause if- 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [1 0] days from the beginning of any delay, notifies the City of Fort Collins in writing of the causes of delay. If in the judgment of the City of Fort Collins, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Fort Collins shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. h. Termination for Convenience or Default (Architect and Engineering) The City of Fort Collins may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Fort Collins shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless -the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an Equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in 12 City of Fort Collins, Colorado default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience of Default (Cost -Type Contracts) The City of Fort Collins may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Fort Collins or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the City of Fort Collins, or property supplied to the Contractor by the City of Fort Collins. If the termination is for default, the City of Fort Collins may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Fort Collins and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the City of Fort Collins, the Contractor shall be paid its Contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the Work performed up to the time of termination. If, after serving a notice of termination for default, the City of Fort Collins determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Fort Collins, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29 Executive Order 12549 Instructions for Certification 1. By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below . 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the City of Fort Collins may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the City of Fort Collins if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," 'lower tier covered transaction," :"participant," "persons," 'lower tier covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 [49 CFR Part 29]. You may contact the City of Fort Collins for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City of Fort Collins. 13 City of Fort Collins, Colorado 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List issued by U.S. General Service Administration. 8. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under Paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the City of Fort Collins may pursue available remedies including suspension and/or debarment. "Certification Regardinq Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" (1) The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its "principals" [as defined at 49 C.F.R.0 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal. PRIVACY ACT 5 U.S.C. 552 When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier. (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C.O 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 14 City of Fort Collins, Colorado (2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. CIVIL RIGHTS REQUIREMENTS 29 U.S.C.0 623, 42 U.S.C.0 2000 42 U.S.C.0 6102, 42 U.S.C.0 12112 42 U.S.C.El 12132, 49 U.S.C.0 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Civil Rights - The following requirements apply to the underlying contract (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C.0 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 0 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C.0 12132, and Federal transit law at 49 U.S.C.0 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed,. National Origin, Sex - In accordance with Title VI I of the Civil Rights Act, as amended, 42 U.S.C.0 2000e, and Federal transit laws at 49 U.S.C.0 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et = ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 1 1 246 Relating to Equal Employment Opportunity," 42 U.S.C.0 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C.0 623 and Federal transit law at 49 U.S.C.0 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.0 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, 'Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected 15 BID PROPOSAL BID # 5764 Bid Opening: February 19, 2003, 2:30pm (our clock) WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS' REQUIREMENTS FOR THE ITEMS LISTED BELOW, PER THE BID INVITATION AND REFERENCED SPECIFICATIONS: 1.0 SCOPE 1.1 This specification establishes the minimum requirements for the purchase of: Cut — a — Way Vans 1.2 Should the manufacturer's current published data or specifications exceed the City's specifications, they shall be considered minimum and furnished. 2.0 BID CLARIFICATION 2.1 Clarification regarding these specifications shall be obtained from the Director of Purchasing and Risk Management prior to the time and date of the Bid Opening. Any changes to these specifications will be made by a written addendum issued by the Director. 2.2 For questions concerning the bidding process and bid specifications, contact: Jim Hume, Buyer, Phone: 970-221-6776, Fax: 970-221-6707 For technical questions concerning this bid, contact: Ken Mannon, Operations Services Director, Phone: 970-221-6610, Fax: 970-221-6534. 3.0 DELIVERY 3.1 The date of delivery is an essential element of this proposal. Delivery of equipment shall be made to: Transfort 6570 Portner Road Fort Collins, CO 80525 3.2 The word "delivery", as used in this specification, encompasses delivery of the actual equipment, as specified, complete with all necessary papers such as Manufacturer's Statement of Origin, application for title, invoice, warranty, shop, operator's and technical manuals, parts books, etc., as applicable. 3.3 All equipment must be completely washed and serviced in accordance with standard new equipment "make ready", and the manufacturer's specifications and be ready for delivery in drive away condition. A forty-five (45) day permit is to be included. 3 City of Fort Collins, Colorado parties BREACHES AND DISPUTE RESOLUTION. 49 CFR Part 18 FTA Circular 4220.1 D Pick applicable clause: Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City of Fort Collins's [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by the City of Fort Collins, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Fort Collins and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City of Fort Collins is located. and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Fort Collins, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. PATENT AND RIGHTS IN DATA 37 CFR Part 401 49 CFR Parts 18 and 19 The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FT/k is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights ,as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: (1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design -type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples City of Fort Collins, Colorado include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R.O 18.34 and 49 C.F.R.O 19.36, the Federal Government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)I and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. 1. Any subject data developed under that contract, whether or not a copyright has been obtained; and 2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaserand the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal 17 City of Fort Collins, Colorado Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. (3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status i.e. , a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: (1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. (2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. (3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 DBE Policy- It is the policy of the Department of Transportation, hereinafter referred to as DOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal im City of Fort Collins, Colorado funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. DBE Obligation - The grantees and its vendors agree to ensure that DBEs as defined in 409 CFR Part 23, have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard, all grantees and vendors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 to ensure that the DBE have the maximum opportunity and shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of DOT -assisted contracts. Disadvantaged Business Enterprise Provision The Federal Fiscal Year goal has been set by the City of Fort Collins in an attempt to match projected procurements with available qualified disadvantaged businesses. the City of Fort Collins goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by the City of Fort Collins as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the contractor is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the Contractor noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that no specific goal is assigned to this contract. (a) Policy - It is the policy of the Department of Transportation and the City of Fort Collins that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Contractor agrees to ensure that DBEs as defined in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Contractor shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Contractor shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of the City of Fort Collins to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of the City of Fort Collins procurement activities are encouraged. (b) DBE obligation -The Contractor and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. 19 City of Fort Collins, Colorado (c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith efforts to involve DBEs in the work provided, the City of Fort Collins may declare the contractor noncompliant and in breach of contract. (d) The Contractor will keep records and documents for a reasonable time following performance of this contract to indicate compliance with the City of Fort Collins DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of the City of Fort Collins and will be submitted to the City of Fort Collins upon request. (e) the City of Fort Collins will provide affirmative assistance as may be reasonable and necessary to assist the prime contractor in implementing their programs for DBE participation. The assistance may include the following upon request: * Identification of qualified DBE " Available listing of Minority Assistance Agencies Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the contract: (a) Disadvantaged business "means a small business concern": i. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or more women individuals who own it. (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. (c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian - Pacific Americans, Asian -Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. i. 'Black Americans", which includes persons having origins in any of the Black racial groups of Africa; ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; 20 City of Fort Collins, Colorado iii. "Native Americans', which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; v. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh. INTERESTS OF MEMBERS OF OR DELEGATES TO CONGRESS No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. PROHIBITED INTEREST No employee, officer, or agent of the grantee shall participate in selection, or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when: The employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of subagreements. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.ID Incorporation of Federal Transit Administration (FTA) Terms -The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any the City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 21 City of Fort Collins, Colorado Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53236)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661. Date Company Name Title 22 City of Fort Collins, Colorado Attachment 1 BUY AMERICA REQUIREMENTS -49 U.S.C. 53230) - 49 CFR Part 661 A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all Bids on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Non -Compliance with 49 U.S.C. 53236f)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53230)(1), but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7. Date Signature Company Name Title Attachment 1 CERTIFICATION REQUIREMENT FOR PROCUREMENT OF BUSES, OTHER ROLLING STOCK AND ASSOCIATED EQUIPMENT CERTIFICATE OF COMPLIANCE WITH 49 U.S.C. 5323(J)(2)(C) The bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 53230)(2)(C) and the regulations at 49 CFR Part 661. Date Signature Company Name Title 23 City of Fort Collins, Colorado Attachment 1 CERTIFICATION REQUIREMENT FOR PROCUREMENT OF BUSES, OTHER ROLLING STOCK AND ASSOCIATED EQUIPMENT CERTIFICATE OF COMPLIANCE WITH 49 U.S.C. 5323(J)(2)(C) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 53236)(2)(C), but may qualify for an exception pursuant to 49 U.S.C. 53236)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7, Date Signature Company Name Title 24 City of Fort Collins, Colorado Attachment 2 CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIRMENT The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement with 49 U.S.C. A 5323(c) and FTA's implementing regulation at 49 CFR Part 665. The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29. Date Signature Company Name Title 25 3.4 All units to be new and of the manufacturer's latest model in production at the time of delivery and standard equipped, unless otherwise specified. Time is of the essence. The City shall be kept advised of any anticipated delay in delivery. In the event the successful bidder, hereinafter referred to as the Contractor, fails to properly perform delivery as specified above, within the specified time limit set forth by the Contractor in his bid proposal, the City shall sustain damages in an amount difficult to ascertain. Accordingly, after due allowance for any time extensions which are agreed by the City to be due to conditions beyond the Bidder's control, the Contractor shall be liable to the City, in the amount of Twenty-five ($25) dollars as liquidated damages, and not as a penalty, for each and every calendar day that delivery is delayed. Additionally, no payment shall be made by the City for any delivery of specified equipment until all aspects of the contract have been fulfilled, unless pre -arranged and approved jointly by the Director of Purchasing and Risk Management and the Director of Fleet Services. 4.0 WARRANTY 4.1 The manufacturer shall unconditionally warrant the entire vehicle and all component parts, but not accessory equipment, for a warranty period of specified usage that is currently being offered in open trade for that vehicle at the time of delivery. Additionally, the Contractor shall furnish the City a fully priced copy (parts and labor) of any warranty or commercial cost repair order which originates in his repair facility, subsequent to delivery, during the warranty period. No charge for service calls, travel time, travel expenses, mileage, or per diem will be allowed by the City in connection with the performance of any warranty repairs. 5.0 DEALER IDENTIFICATION 5.1 No dealer identification will be allowed on any vehicle sold to the City of Fort Collins. City of Fort Collins, Colorado ATTACHMENT 3 BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT (To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently set at $100,000.) Certificate of Compliance The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. Section 53230)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 C.F.R. 661.11: Date Signature Company Name Title 26 City of Fort Collins, Colorado ATTACHMENT 3 BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT (To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently set at $100,000.) CERTIFICATE OF NON-COMPLIANCE The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 U.S.C. Sections 53230)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7. Date Signature Company Name Title 27 City of Fort Collins, Colorado Attachment 4 Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq . )] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.0 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C.1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the Truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 6.0-SPECIFICATIONS 6.1 Equipment bid on this proposal must meet or exceed the following minimum requirements. Any exceptions must be noted and listed on a separate sheet. CUT -A -WAY VAN General: The following specifications describes a one -ton Cut -A -Way van with seating for 12 ambulatory passengers and foldaway seats that allow 4 seated and 3 wheel chair locations along with a wheel chair lift. This unit is to be used by the Cities Dial -A -Ride program. All specifications listed below shall be considered as minimum and are to meet all ADA, State and Federal Transportation Standards. All bids equivalent to or exceeding these specifications shall be considered. A complete and up-to-date man ufacturer0specifications must accompany bid. The vendor that is determined to be the low bidder could be required to do an on -site demo of the unit being bid. No. Item Description Meets Spec? 6.2 QUANTITY: Two (2) with an option for eight (8) additional Yes vans in the next two years, for a total of up to ten No (10) units. 6.3 GVWR: Minimum 14,050 lb. Plate certified, with enough Yes weight capacity to carry 12 passengers plus 1 No driver at an average weight of 175 lbs. 6.4 WHEEL BASE: 158" minimum (factory length, no modifications) Yes No 6.5 SUSPENSION: Heavy duty front and rear shocks and sway bars. Yes Right side springs shall have additional leafs to No compensate for weight of wheelchair lift to prevent vehicle lean. Add extra main leafs to prevent the suspension from bottoming out against the frame when fully loaded. 6.6 CAB TYPE: Cut -a -way with bus body Yes No 6.7 FRAME: Full-length steel channel., truck type, Yes lengthening of frame between axles is not No acceptable. 6.8 REAR AXLE & Wide wheel base, truck type single rear axle with Yes DIFFERENTIAL: dual rear wheel, gear ratio 4:63 or equal No A No. Item Description Meets Spec? 6.9 ENGINE: 6.8 L (410 CID) V10 dedicated CNG Yes Engine oil cooler No Heavy duty air cleaner Engine block heater 6.10 TRANSMISSION: 4 speed automatic with external transmission Yes cooler -include park brake interlock to prevent No shifting into gear until the park brake pedal is released 6.11 DRIVE SHAFT: All sections guarded to prevent striking of floor or Yes ground in the event of a failure No 6.12 GAUGES: Fuel Yes Voltmeter No Water Temperature Oil Pressure Speedometer with Odometer Warning light in lieu of gauges not acceptable 6.13 BRAKES: Heavy duty power disc front and rear, Emergency Yes brake with warning light No 6.14 STEERING: Power Yes No 6.15 WHEELS: Seven (7) white steel disc Yes No 6.16 TIRES: Seven (7) all weather Yes 8 ply steel belted radials No 6.17 COOLING Heaviest duty radiator available Yes SYSTEM: Clutch type fan No Anti -freeze to -34 degrees F 6.18 BATTERY: One (1) 8D battery installed on a heavy duty Yes roller tray in an enclosed box No 1155 cold cranking amps 6.19 ALTERNATOR: 130 amp minimum OEM installed Yes No 6.20 FUEL TANK: — 60 gallon CNG minimum, full at time of delivery Yes No 6.21 BUMPERS: Heavy-duty front and energy absorbing "HELP" Yes bumpers on the rear No 0 No. Item Description Meets Spec? 6.22 INTERIOR: Charcoal Gray Yes No 6.23 EXTERIOR White Yes COLOR: No 6.24 CAB: Factory intermittent windshield wipers with Yes washers, wiper blades to be coated snow type No blades. Inside hood latch Factory installed AM/FM radio with 4 speakers and digital clock for driver that is easily visible from a driving position. Radio to have adequate noise suppressors to prevent interference with two-way radio or other electrical systems. Heavy-duty front and rear heaters with manual shut off water valves at engine Heavy-duty front and rear air conditioning, front - dash mounted 65,000 BTU with 3-speed fan. Rear external roof mounted is not acceptable. Unit should be equipped with dual compressors and 3 fan skirt condenser Freon to be R-134 Operator controlled electric high idle solenoid with operation light in clear view of operator. System must automatically disengage when transmission is put into gear. Drivers side adjustable sun visors 30% tinted glass on all windows in passenger area only. Cigarette lighter type power outlet for power accessories Spare tire tool kit with jack Tilt wheel Hot water step well heater Full length Lexan driver barrier shall be provided and located as to not interfere with the drivers seat adjustments. No. Item Description Meets Spec? 6.25 MIRRORS: Left and right 6" x 10", low mount RV type Yes stainless mirrors No Left mirror to be door mounted Right mirror to be door or fender mounted using Nutsert fastening hardware. (Care should be taken that the entire mirror(s) can be seen by drivers from 5'0" tall to 6'6" tall Drivers mirrors should be heated and remote controlled Velvac or equal Separate 4" Exterior convex mirrors 6" x 16" passenger view mirror Inside day/night mirror 6.26 LIGHTS: Exterior light shall meet all State and Federal Yes requirements No All lights shall be LED design All clearance lights to be armored type or shielded to protect against damage from automatic car wash brushes Provide amber rear turn signal lenses 4-way flashers to be independent of brake light system Brake lights shall be dual lights on each side above the reverse lights with a high center brake light over rear door BODY 6.27 GENERAL BODY The coach shall be a heavy-duty unitized body- Yes STRUCTURE: type structure. The body structure shall be a No composite type superstructure adequately reinforced at all joints and points of stress with sufficient strength to support entire weight of the fully loaded vehicle on its top or side if over- turned. The vehicle shall safely withstand road shock and other conditions found in transit operation. The body shall be rubber cushioned and securely fastened to the under -frame structure so that the entire frame shall act as one unit without any movement in joining. Front, side and back panels shall be secured to the floor so as to result in a permanent fully integrated structural unit. The minimum interior height is to be no less than 76" measured from the floor of the center aisle to the ceiling directly above. 0 No. Item Description Meets Spec? 6.28 INTERIOR: Interior to be one piece fiberglass construction. Yes All materials and treatments shall be flame No retardant and treated to be easily cleaned (carpet is no acceptable). White color keyed interior, ABS interior will not be accepted. All surfaces and items of hardware in passenger compartment having sharp edges, corner, or angles shall be padded for safety. Factory engine cover shall be removable without having to remove any add on components for hardware not originally installed by manufacturer. 6.29 FLOOR: The passenger floor shall be flat with no wheel Yes house protrusion. The floor shall be covered with No minimum 3/4" marine grade plywood with sealed edges. Flooring throughout the bus will be Altro Transflor non slip flooring. Seams and joints shall be sealed, or covered by waterproof molding, and must cove to bottom of the seat rail with no seams. Color of floor shall be gray and contrast with the seats so as to be easily distinguished by visually impaired persons. All step edges shall have a band of bright contrasting color running full width of the leading edge. 6.30 WINDOWS: Yes Side and rear passenger windows shall be No provided throughout the passenger compartment. All side passenger windows to be T-style installed with horizontal slider mounted on top except for side emergency exit windows, but in all cases at to be easy to open for ventilation with adequate locking features. All window to be of safety type and be dark tint. Windows to be largest size available.