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Request for Proposals for Replacement Buses Copyrighted May 6, 2019 City of Dubuque Consent Items # 15. ITEM TITLE: Requestfor Proposals for Replacement Buses SUMMARY: City Manager recommending approval of the release of a Request for Proposals for nine replacement buses for The Jule. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Release of RFP for Replacement Buses-MVM Memo City Manager Memo Revised Staff Memo for Bus RFP Staff Memo Requestfor Proposals Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Release of RFP for Replacement Buses DATE: April 30, 2019 Director of Transportation Services Renee Tyler recommends City Council approval of the release of a Request for Proposals for nine replacement buses for The Jule. The Jule applied for and received funds from the Federal Transit Administration's Bus and Bus Facilities competitive grant program. The grant provides FTA funding at 85°k, and the City has committed to funding the remaining 15°k. The nine replacement buses are estimated to cost $200,000 each, totaling $1 ,800,000. FTA is providing $1 ,530,000 reimbursement and the City has budgeted $270,000. I concur with the recommendation and respectfully request Mayor and City Council approval. �1.� ��, i�,� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Renee Tyler, Director of Transportation Services � � �� �I,�������I . �'���r�.��4�,;�"+�t��� � � � � � i ���}���� ����}���� � � � � 1 1 ' i 1 1 1 �I I � � � I I I � � � � � 1 1 1 1 1 1 1 1 1 1 � 1 1 1 1 1 1 1 � 1 1 1 1 1 1 1 1 � 1 1 1 1 1 1 1 1 1 � 1 1 1 1 1 1 1 1 1 1 1 1 1 � 1 1 1 1 1 1 1 � ' 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � � � � ' 1 1 1 1 1 1 1 1 1 � ' 1 1 1 1 � 1 1 1 1 1 1 1 � � � 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 � � � � 1 1 1 1 1 1 1 1 1 � ' 1 1 1 1 1 BUDGETIMPACTS The remanufactured vehicles are estimated to cost $200,000 each, totaling $1 ,800,000 for nine of them. The grant provides FTA funding at 85°k, and the City has committed to funding the remaining 15°k. This means the FTA is providing $1 ,530,000 reimbursement, and the City has budgeted $270,000 in G.O. Debt for FY20, approved as a CIP in the last budget cycle. Budget Summary Table Unit cost Quantit Total cost Federal share 85°k Local share 15°k $200,000 9 $1 ,800,000 $1 ,530,000 $270,000 RECOMMENDATION/ACTION STEP I recommend that the City Manager approve this RFP to be released and begin the process of acquiring nine remanufactured heavy-duty buses. Cc: Jenny Larson, Director of Finance Jason Duba, Transportation Services REQUEST FOR PROPOSAL (RFP) TxE cTTY OF ISSUE DATE: May 7, 2019 D�� � CONTACT: Renee Tyler PHONE NO: 563-589-4341 FAX NO: 563-589-4340 Masterpiece on the Mississippi EMAIL: rtyler@cityofdubuque.org SUBMIT PROPOSAL/OFFER PRIOR TO: SUBMIT TO: CLOSING DATE: June 6, 2019 Dubuque City Clerk CLOSING TIME: Prior to 2:00 P.M. CDT 50 W. 13�" Street Dubuque, IA 52001 DESCRIPTION: City of Dubuque The Jule/Transit Division ADA Accessible Remanufactured Heavy-Duty Vehicles for Public Transit Partially Funded by the Federal Transportation Administration RECEIPT OF PROPOSAL ACKNOWLEDGEMENT 0 If you are considering a response to this RFP, please mark the box to the left, fill in the information below and return this sheet as a confirmation that you received this RFP. NO RESPONSE REPLY � If you do not want to respond to this RFP at this time, please mark the box to the left, fill in the information below and return this sheet only. COMPANY NAME: DATE: MAILING ADDRESS: CITY/STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: GITY OF DUBUQUE THE CITY OF DuB E Masterpiece on the Mississippi REQUEST FOR PROPOSALS May 7, 2019 FOR Nine (9) ADA Accessible Remanufactured Heavy-Duty Vehicles for Public Transit 1 Table of Contents : SECTION PAGE 1.0 Introduction 3 2.0 Project Objectives 3 3.0 Community Background 3 4.0 Project Scope of Services 4 5.0 Project Timeline/Pre-Proposal Meeting 4 6.0 Information to be Included in the Proposal 5 7.0 Proposal Questions and Answers 6 8.0 Submission Requirements 7 9.0 Examination and Retention of Vendor's Records 7 Appendix A Vendor Evaluation and Selection Process 9 Appendix B RFP Rules and Protest Procedures 12 Appendix C Terms and Conditions 15 Appendix D Supplemental Documentation 23 Appendix E Federal Certifications 40 Appendix F Contract Price Proposal Form 46 Appendix G Vehicle Data Sheet/Scope of Work 48 Appendix H Insurance Schedule 69 Appendix I Bond Documents 74 2 City of Dubuque, lowa RequestforProposal ADA Accessible Remanufactured Heavy-Duty Vehicles for Public Transit May 7, 2019 1.0 INTRODUCTION The City of Dubuque, lowa is soliciting competitive sealed proposals from qualified Vendors to provide nine ADA accessible remanufactured 30ft low floor heavy-duty transit buses (the Project or the Work). The expected delivery date for the nine buses is April 1 , 2020. 2.0 PROJECT OBJECTIVES To purchase nine ADA accessible remanufactured 30ft low floor heavy-duty transit buses. Financial support for this project is provided through financial assistance grants from the Federal Transit Administration (FTA) and local funding from the City of Dubuque. The Procuring Agency is the City of Dubuque (the City). Any obligations of the Procuring Agency are subject to FTA funding available. 3.0 COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern lowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 people. The City's annual operating and capital budget is nearly $116 million and funds a full range of services. The City's web site is www.citvofdubuque.orq. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is growing steadily in the current economic climate. Dubuque's construction numbers reveal an even more encouraging picture. The City has formed strong relationships with the local business community to promote continued economic growth and success. 3 4.0 PROJECT SCOPE The City requests proposals for the manufacture and delivery of nine (9) Americans with Disabilities Act (ADA) accessible remanufactured heavy-duty transit buses in accordance with the terms and conditions set forth below. The contract shall be a firm fixed-price contract. The following outline represents the minimum components for the Project. The City will evaluate submitted proposals and award a contract to the selected Vendor based on the best proposal to all requirements in this Request for Proposals. SCOPE OF PROJECT The Vendor shall prepare and deliver nine (9) Americans with Disabilities Act (ADA) accessible remanufactured heavy-duty 30ft low floor transit buses as described in the attached specifications. All nine (9) buses must be remanufactured according to the contract and delivered to the City by April 1 , 2020. CONTRA CT PRICE The proposed contract price must be submitted in a separate sealed envelope on the Contract Price Proposal Form. Proposed contract price is expected to be for nine (9) Americans with Disabilities Act (ADA) accessible remanufactured heavy-duty buses. The proposed contract price shall remain firm for a period of not less than sixty (60) days from the date of the RFP submission deadline. 5.0 PROJECT TIMELINE 1 . RFP release: May 7, 2019 2. Pre-bid vendors' meeting: May 20, 2019 3. Bid close date: June 6, 2019 4. City Council awards contract: June 17, 2019 5. Bus delivery: April 1 , 2020 PRE-PROPOSAL MEETING In addition to the information contained in the Request for Proposal, Vendors are strongly encouraged to attend a pre-proposal meeting to be held on the date and at time indicated above at the Jule Operations Training Department, City of Dubuque, lowa. The City is inviting all Vendors to attend this meeting to ask specific questions and request clarifications on the Scope of Project of this Request for Proposals. All interested Vendors are strongly encouraged to attend in order to familiarize themselves with the systems and all conditions that may affect the time or cost of performance. 4 6.0 INFORMATION TO BE INCLUDED IN PROPOSAL To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the order and manner specified below. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the Vendor's understanding of the work, which specific sections of the Scope of Project are addressed in the submitted proposal and list the Vendor's primary contact name, address, telephone number, fax number and e-mail address. Profile of Firm Briefly provide general information about the Vendor, along with its area of expertise and experience as it relates to this RFP. Scope of Services Describe the means or strategy by which the Vendor would satisfy the requirements of this RFP. All responses to this Request for Proposals must include the following information describing the Vendor's proposal: . Specification sheets for bus components of Vendor proposal. . Provide details of the proposed warranty agreement detailing all included services, include a draft agreement or provide detailed contact information if services would be provided by anyone other than Vendor. . Provide details of all product and service warranties. . Provide a project plan schedule showing the timeline to deliver buses by April 1 , 2020. . Provide a listing of similar projects completed and a contact reference for each. 5 Acknowledqement of Addenda It is the Vendor's responsibility to check for issuance of any addenda. The Vendor hereby acknowledges receipt of the following addenda: Addenda Date: Addenda Date: Number: Number: Addenda Date: Addenda Date: Number: Number: Addenda Date: Addenda Date: Number: Number: Addenda Date: Addenda Date: Number: Number: 7.0 PROPOSAL QUESTIONS AND ANSWERS If a Vendor has any questions concerning this RFP, or other technical questions, please submit the requests in writing to the City's Director of Transportation Services, Renee Tyler at rtyler@cityofdubuque.org. The City has used considerable efforts to ensure an accurate representation of information in this RFP. Each Vendor is urged to conduct its own investigations into the material facts provided. No answers given in response to questions submitted shall be binding upon this RFP unless released in writing (letter, fax or email) as an officially numbered and titled addendum to the RFP by the City of Dubuque. From the date of issuance of the RFP until final City action, the Vendor shall not discuss the RFP with or contact any other City of Dubuque staff or any of the Selection Committee members except as expressly authorized by the City's Director of Transportation Services. Violation of this restriction will be considered a violation of the rules and be grounds for disqualification of the Vendor's proposal. Director of Transportation Services information is as follows: Renee Tyler, Director of Transportation Services City of Dubuque Transit Division 950 Elm St. Dubuque, lA 52001 E-mail: rtyler@cityofdubuque.org Phone: 563.589.4341 Fax: 563.589.4340 6 8.0 SUBMISSION REQUIREMENTS Before submitting a proposal, each Vendor shall make all investigations and examinations necessary to ascertain any challenges affecting the full performance of the contract and to verify any representations made by the City upon which the Vendor will rely. 9.0 OWNERSHIP, EXAMINATION AND RETENTION OF VENDOR'S RECORDS Ownership All Documents and other materials prepared by the Vendor in connection with this project are the City's sole property in which the Vendor has no proprietary or other rights or interests. All reports, documents, information, and any materials or equipment furnished to the Vendor by the City shall remain the sole property of the City. Nothing written in this paragraph, however, will be interpreted to forbid the Vendor from retaining a single copy of information for its files. Disposal If at any time during the performance of the Contract or following completion or termination of the Contract, the Vendor and/or its SubVendors chooses to dispose of Documents, disposal of Documents shall: a) comply with any retention requirements of the Contract, and b) be in a manner such that documents or information in the Documents is unable to be read, interpreted, reproduced, copied or duplicated in any fashion. During the term of the Contract or following completion or termination of the Contract the Vendor and its SubVendors, if any, shall maintain all accounting records and other documentation generated in performing the Contract. Any duly authorized representative of the City, the State of lowa or a federal agency shall have access to all such information for the purpose of inspection, audit and copying during normal business hours. All such information shall be retained for five (5) years from the date of final payment and after all other pending matters under the Contract are closed including but not limited to litigation, claim, negotiation, audit or any other action involving the records. This access shall be made available to the City or duly authorized agent and shall be considered incidental to the Project contained herein. As such, there shall be no additional compensation allowed the Vendor for maintaining this information and allowing the herein described access. 7 PROPOSAL SUBMITTAL INFORMATION • Submittal Deadline: Prior to 2:00 p.m. CDT, June 6, 2019 • Submittal Location: City of Dubuque City Clerk's Office 50 West 13th Street Dubuque, lowa 52001-4864 • Submittal Copies: Five (5) sets of the proposal shall be provided. Submit one (1) original signed proposal and four (4) copies. Proposals must be submitted in hard copy no later than the date and time set out in this document. Each addendum should be acknowledged in the Letter of Transmittal by providing the addendum number and title. It is solely the Vendor's responsibility to ensure that the Vendor has received all addendums to this RFP before submitting the proposal. Each Vendor assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received on or after the time stated above. Late submittals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. The City of Dubuque is not liable for any costs incurred by any Vendor prior to the execution of a contract. Nor shall the City of Dubuque be liable for any costs incurred by a Vendor that are not specified in any contract. All results from this project will remain the property of the City of Dubuque. 8 Appendix A Vendor Evaluation and Selection Process 9 INITIAL EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the required format. A selection committee will review qualifying proposals and select Vendors for placement on the Vendor short-list for the project. The following criteria in order of their relative importance (most is first, least is last) will be used to initially evaluate submitted proposals. 1 . A high level of professional competence and a proven track record in providing labor, material and equipment to produce Americans with Disabilities Act (ADA) accessible remanufactured 30ft low floor heavy-duty transit buses. a. Qualifications and experience of the Vendor and any SubVendors. b. Demonstration of the project team's professional expertise and technical abilities. c. If a joint venture with SubVendors, the track records of the Vendor's SubVendor experience working together. d. Experience of the Vendor working on municipal projects. e. Experience of the Vendor working on municipal projects in lowa. 2. Design approach/methodology in completing scope of services such as: a. Grasp of project requirements and level of interest in the project. b. Creativity and problem-solving ability. c. Ability of the Vendor's team to demonstrate initiative, motivation and knowledge as an indication of their desire to work with the City of Dubuque. 3. Proposed schedule required to complete project. 4. Quality and completeness of the written proposal. The proposal should clearly demonstrate understanding of the City's overall objectives for the purchase of nine (9) Americans with Disabilities Act (ADA) accessible remanufactured 30ft low floor heavy-duty transit buses. VENDOR SHORT-LIST EVALUATION CRITERIA The selection committee will again review the qualifying proposals of only the short- listed Vendors. The following criteria are among those that will be used to evaluate the Vendors on the short-list. 1 . Qualifications and Technical Capability of the Vendor (40 Percent) The evaluation will be based upon: o Results of customer references related to similar projects o Demonstrates understanding of the project and its requirements o Utilizes and promotes current technologies and practices o Minimizes risk by use of the most current, proven and available state- of-the-art technologies. 10 2. Experience Base of the Vendor (20 Percent) The evaluation will be based upon: o Breadth and depth of project experience with and past performance on similar projects. o Overall installation and deployment experience. o Financial solvency and capacity. 3. Qualifications of Personnel Assigned to the Project (20 Percent) The evaluation will be based upon: o Project management team. o Organization of the work and management plan. o Availability of key personnel. 4. Price (20 Percent) The evaluation will be based upon: o Comparative to similar proposals for each element in the Price Proposal Form. o Unit prices comparable to similar unit prices in the industry. 5. Other Considerations DBE participation is not mandatory, but the Vendor will be required to make a good faith effort to utilize DBE SubVendors. If a portion of the services is to be subcontracted to a DBE, the Vendor must submit for each SubVendor the information requested in Appendix E. This good faith effort must be documented as part of the proposal. Following completion of the interview process (should it be necessary), the Selection Committee will review the evaluation of the written proposal relative to the input received during the interview process and prepare a final ranking of the short-listed respondents. SELECTED VENDOR Upon the successful completion of the Vendor review process, the RFP Selection Committee will recommend to the City Manager the negotiation of a contract with the highest ranked Vendor based on a "best value" basis. Upon the successful completion of contract negotiations, the Selection Committee shall recommend that the City Manager submit the contractor to the City Council to make a final determination to award and execute the contract with the Vendor. Pavment for Work: The Vendor awarded the contract shall have payment processed upon delivery of the buses. 11 Appendix B RFP Rules and Protest Procedure 12 PROTEST PROCEDURES In general, protests will only be accepted from Vendors whose direct economic interest would be affected by the award of a contract or refusal to award a contract. The Director of Transportation Services will consider all such protests, whether submitted before or after the award of a contract. If oral objections are raised and the matter cannot be resolved to the satisfaction of the objector, a written protest shall be required before any further consideration is given. Protest submissions should be concise, logically arranged, and clearly state the grounds for the protest. Protests must include at least the following information: 1 . Name, address, and telephone number of protestor; 2. Identification of the solicitation or contract number; 3. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and, 4. A statement as to what relief is requested. The written dispute shall be sent via certified mail or delivered in person to the Director of Transportation Services. All protest documents received by the Director of Transportation Services shall be stamped with date and time received and logged into a protest file folder. PROTESTS BEFORE AWARD Any protest addressing the adequacy of Invitation for Bids, RFPs, including, without limitation, the pre-award procedure, the Instructions to Bidders, General Terms and Conditions, Specifications and Scope of Work, must be filed with the Director of Transportation Services no later than three (3) days before the scheduled bid opening or proposal due date. Thereafter, such issues are deemed waived by all interested parties. PROTESTS AFTER AWARD Protests against award must be filed with the Director of Transportation Services within three (3) calendar days immediately following the award. The Director of Transportation Services shall review the protests. The awarded Vendor shall be furnished with the notice of protest and the basis thereof. Also, when it appears likely that an award may be invalidated and a delay in receiving the supplies or services is not prejudicial to the City's interest, the Director of Transportation Services shall inform the awarded Vendor that the City will not be responsible if the award is set aside and that the awarded Vendor proceeds with performance at the Vendor's own risk. 13 DECISION ON PROTEST The Director of Transportation Services shall forward all protests to the City Manager, with all applicable supporting documentation, who will review the reasons for the protest and will respond to each issue noted in the protest. The City Manager will discuss the City Manager's findings with The Jule Transit Advisory Board before a final decision is made concerning the protest. The Director of Transportation Services shall provide a final decision to the protesting Vendor in writing within thirty (30) calendar days from the receipt of the written protest and shall provide notice of such decision to all interested parties. Following an adverse decision by the Director of Transportation Services, the protestor may file a protest with FTA. FTA Circular 4220.1 F, as amended, states that FTA will only review protests regarding the alleged failure of a grantee to have written protest procedures or alleged failure to follow such procedures MINOR IRREGULARITIES The City reserves the right to waive minor irregularities in submitted proposals, provided such action is in the best interest of the City. Minor irregularities are defined as those that have no adverse effect on the City's best interests and will not affect the outcome of the selection process by giving the prospective Vendor an advantage or benefit not enjoyed by other prospective Vendors. EXCEPTIONS Vendor exceptions to any part of the requirements stated in this RFP must be clearly identified as exceptions and noted in the letter of transmittal and in the submitted project cost estimate. RANKING OF THE PROPOSALS No debriefings or scoring information shall be released before the City Manager has recommended a contract be negotiated with the recommended Vendor. However, after authorization has been granted to negotiate a contract, all contents of the submitted proposals shall become public information. DEFINITIONS The City has established for the purposes of this RFP that the words "shall", "musY', or "will" are equivalent in this RFP and indicate a mandatory requirement or condition, the material deviation from which shall not be waived by the City. A deviation is material if, in the City's sole discretion, the deficient response is not in substantial accord with this RFP's mandatory conditions requirements. The words "should" or "may" are equivalent in this RFP and indicate very desirable conditions or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a proposal but may result in being considered as not in the best interest of the City. 14 Appendix C Contract Terms and Conditions 15 TERMS AND CONDITIONS The following clauses shall be included in the final signed contract: 1. CHANGE IN SCOPE OF PROJECT. No change in scope shall be permitted without the prior written agreement of both parties. 2. SUBSTITUTION OF PROJECT TEAM MEMBERS. The Project Manager, partners, management, other supervisory staff and technical specialists proposed for the project may be changed if those personnel leave the Vendor. These personnel may also be changed for other reasons however, in either case, the City retains the right to approve or reject the replacements and no replacements shall begin working on the project without the express, prior written permission of the City of Dubuque. 3. INSURANCE. The Vendor shall at all times during the performance of this Agreement provide insurance as required by the attached Insurance Schedule 4. BONDS. 1 . Bid Bond. Each Bid must be accompanied by a satisfactory Bid Bond, in a separate envelope and clearly labeled in the same manner as the Bid proposal forms, executed by the Bidder and an acceptable surety; or a cashier's or certified check payable to the City Treasurer, City of Dubuque, drawn on a bank in lowa or a bank chartered under the laws of the United States, in the amount of ten percent (10°k) of the Bid submitted as security that the Bidder will enter into a contract for doing the work and will give Bond with proper securities for the faithful performance of the contract in the form attached to the specifications. 2. Performance and Payment Bonds. The successful Bidder shall, within (10) calendar days after the date of the City Notice of Award shall also furnish a Contractor's Pertormance and Payment Bond in the form included in appendix I and shall bear the same date as, or a date subsequent to, the date of the Contract. The power of attorney for the person who signs for any surety company shall be attached to such Bond. 5. INDEMNIFICATION. To the fullest extent permitted by law, Vendor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from pertormance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itsel� including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Vendor's SubVendor, or anyone directly or indirectly employed by Vendor or Vendor's SubVendor or anyone for whose acts 16 Vendor or Vendor's SubVendor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 6. ERRORS & OMISSIONS. In the event that the work product prepared by the Vendor is found to be in error and revision or reworking the work product is necessary, the Vendor agrees that it shall do such revisions without expense to the City, even though final payment may have been received. The Vendor must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be constructed as a limitation of the City's right to seek recovery of damages for negligence on the part of the Vendor herein. 7. SUBLETTING, ASSIGNMENT OR TRANSFER. Subletting, assignment, or transfer of all or part of the interest of the Vendor in this Contract is prohibited unless written consent is obtained from the Director of Transportation Services and approved by the City. 8. AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE. 1 . The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 et seq.) and applicable Federal regulations under the Act. 2. Bids for design, construction, programs, policies and concessions of any type shall comply with the 2010 Standards for Accessible Design, the ADA title II regulation, Section 504 of the 1973 Rehabilitation Act, and similar statutes and regulations prohibiting discrimination on the basis of disability. 3. The Contractor shall ensure that its websites and all online services, including those websites or online services provided by third parties upon which Dubuque relies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines -WCAG 2.0 AA. 9. ASSIGNMENT. The City and the Contractor each is hereby bound and the partners, successors, executors, administrators and legal representatives of the City and the Contractor are hereby bound to the other Party to the Contract and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other Party, in respect of all covenants, agreements and obligations of the Contract. Any assignment or attempt at assignment made without prior written consent of the City shall be void. 10. BID CURRENCY/LANGUAGE. All bid prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the contract regardless of the exchange rate. All bid responses must be submitted in English. 17 11. BID INFORMATION IS PUBLIC. The bid and all documents submitted with any bid shall become public documents subject to lowa Code Chapter 22, which is otherwise known as the "lowa Open Records Law". By submitting the bid any document to the City of Dubuque in connection with a bid, the submitting party recognizes this and waives any claim against the City of Dubuque and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Dubuque and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Dubuque arising from any opportunity. Bid information requested by the public or other bidders will be provided in an alternative format if the requestor is a person with a disability and requires an alternative form for comprehension. 12. BID REJECTION OR PARTIAL ACCEPTANCE. The City reserves the right to accept or reject any or all bids or parts thereof. The City further reserves the right to waive technicalities and formalities in bids, as well as to accept in whole or in part such bids where it is deemed advisable in protection of the best interests of the City. 13. CONFLICT OF INTEREST. Contractor represents, warrants, and covenants that no relationship exists or will exist during the Contract period between the Contractor and the City that is a conflict of interest. No employee, officer or agent of the Contractor shall participate in the selection or in the award if a conflict of interest, real or apparent, exists. The provisions of lowa Code ch. 68B shall apply to the Contract. If a conflict of interest is proven to the City, the City may terminate the Contract, and Contractor shall be liable for any excess costs to the City as a result of the conflict of interest. The Contractor shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by the desire for private gain for themselves or others with whom they have family, business, or other ties. The Contractor shall report any potential, real, or apparent conflict of interest to the City. 14. CONTRACT DOCUMENTS. The Contract Documents are this Contract, the Request for Proposals, the Contractor's Proposal and Contract Proposal Pricing Form, and the following additional documents, if any. In the event of a dispute with respect to any term or condition in the Contract Documents, they shall be interpreted in the following order: this Contract, the Request for Proposals, the Contractor's Proposal and Contract Proposal Pricing Form , and the following additional documents, if any. 15. DISPUTES. Should any disputes arise with respect to the Contract; the Parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of 18 disputes. The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute and the City shall continue to make payment for all work properly performed. Should the Contractor fail to continue to pertorm its responsibilities regarding all non-disputed work, without delay, any additional costs incurred by the City or the Contractor as a result of such failure to proceed shall be borne by the Contractor. The unintentional delayed payment by the City to the Contractor of one or more invoices not in dispute in accordance with the terms of the Contract will not be cause for Contractor to stop or delay Work. 16. FOB POINT AND FREIGHT/DELIVERY CHARGES. The FOB point, in terms of loss or damage, as well as where title to the goods is passed, shall be FOB-Destination. Freight/delivery charges are to be included in the quoted price of the goods, rather than as a separate line item. 17. FORCE MAJEURE. Force majeure shall be any of the following events: acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the Party affected. A delay in or failure of performance of either Party shall not constitute a default hereunder nor be the basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure. The Party who is prevented from pertorming by force majeure shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or detection of any such event, to give notice to the other Party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay, and shall remedy such cause as soon as reasonably possible, as mutually agreed between the Parties. 18. LAWS AND REGULATIONS. The Contract shall be governed, interpreted and enforced in accordance with all applicable federal, State of lowa, and local laws, ordinances, licenses and regulations and shall apply to the Contract throughout, as the case may be. The Contractor certifies that in performing the Contract it will comply with all applicable provisions of the federal, state, and local laws, ordinances, licenses and regulations. Venue for any action arising out of this Contract shall be the lowa District Court for Dubuque County, lowa. 19 19. NO GIFT STANDARD. The City of Dubuque is committed to upholding the highest ethical standards in all of its business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees. Therefore, all suppliers have been asked to abide by the City's "No Gift" standard. The "No Gift" standard also applies to all offers of discounts or free items at any place of business targeted toward a City employee and not available to the general public, regardless of the value. Please reference City AP 4.10. 20. NON-COLLUSION STATEMENT. Neither the Contractor, nor anyone in the employment of the Contractor, has employed any person to solicit or procure the Contract nor will the Contractor make any payment or agreement for payment of any compensation in connection with the Contract. There is no contract, agreement or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for Work rendered under the Contract or participation therein, directly or indirectly, by any other person, firm or corporation, except as documented in the Contract. Neither the Contractor, nor anyone in the employment of the Contractor, has either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive procurement in connection with the Contract. 21. NON-DISCRIMINATION AND EQUAL OPPORTUNITY. All Contractors that engage in contracts with the City of Dubuque, lowa agree as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, sex, color, creed, ancestry, national origin, marital status, Familia status, religion, age, disability, sexual orientation, gender identity, genetic information, status with regard to public assistance, status as a veteran or any classification protected by federal, state, or local law, (Protected Classes) except where age and sex are essential bona fide occupational requirements, or where disability is a bona fide occupational disqualification. Such action shall include, but not be limited to the following; (a) Employment, (b) Upgrading, (c) Demotion or transfer, (d) Recruitment and advertising, (e) Layoff or termination, (� Rate of pay or other forms of compensation, and (g) Selection for training, including apprenticeship. The Contractor further assures that managers and employees comply with both the spirit and intent of federal, state, and local legislation, government regulation, and executive orders in providing affirmative action as well as equal opportunity without regard to the protected classes, as stated above. The Contractor will include, or incorporate by reference, the provisions of the nondiscrimination clause in every contract or subcontract unless exempt by the rules, regulations or orders of the City's Affirmative Action Program and will provide in every contract or subcontract that said provision will be binding upon each Contractor. 20 22. REGULATORY AGENCY COMPLIANCE. Compliance with laws and regulations set forth by regulatory agencies is required. These agencies include, but are not limited to, OSHA — Occupational Safety & Health Agency, EPA — Environmental Protection Agency, ICC — Interstate Commerce Commission, DNR — Department of Natural Resources, DOT — Department of Transportation, and FTA-Federal Transit Authority. The City of Dubuque expects that Contractors will offer expertise on conformance of regulations applying to the products they sell and the work. 23. SAFETY DATA SHEETS. The Hazard Communication Standard (HCS) requires chemical manufacturers, distributors, and importers to ensure that each container of hazardous chemicals leaving the workplace is labeled, tagged, or marked and to provide Safety Data Sheets (SDS) to communicate the hazards of hazardous chemical products. It is the chemical supplier's responsibility to determine which products are covered and to provide SDS with the initial shipment. It is also the chemical supplier's responsibility to provide any updated or revised SDS, as they become available for any products sold and delivered to the City of Dubuque. City of Dubuque employees shall not accept a shipment of any chemical that does not have a SDS attached or currently on file. Safety Data Sheets shall be available in alternative formats if the requestor is a person with a disability and requires an alternative format for comprehension. 24. TAXES. The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 25. TERMINATION OF CONTRACT. The City may terminate the Contract at any time for any reason with or without cause. In that event, all finished or unfinished Work, reports, materials(s) prepared or furnished by the Contractor under the Contract shall, at the option of the City, become its property. If the Contract is terminated by the City as provided herein, the Contractor shall be paid for all Work which has been authorized, provided, and approved up to the effective date of termination. The City will not be subject to any termination fees from the Contractor. 26. WARRANTIES. The Contractor shall perform pertaining to the Project as set forth in the Contract. Contractor represents that the Project and all of its components shall be free of defects; shall be performed in a manner consistent with other Contractors in a similar industry and application; and shall conform to the requirements of the Contract. Contractor shall be responsible for the quality, technical accuracy, completeness and coordination of all Work performed under the Contract. Contractor shall, promptly and 21 without charge, provide all corrective Work necessary as a result of Contractor's acts, errors, or omissions with respect to the quality and accuracy of the Work. Contractor shall be responsible for any and all damages to property or persons as a result of Contractor's acts, errors, or omissions, and for any losses or costs to repair or remedy any Work undertaken by City based upon the Work as a result of any such acts, errors, or omissions. Contractor's obligations shall exist without regard to, and shall not be construed to be waived by, the availability or unavailability of any insurance, either of City or Contractor. 27. WARRANTIES - INTELLECTUAL PROPERTY. Contractor represents and warrants that all the materials, goods and work produced, or provided to the City pursuant to the terms of the Contract shall be wholly original with the Contractor or that the Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such materials, goods and work. The Contractor represents and warrants that the materials, goods and work, and the City's use of same, and the exercise by the City of the rights granted by the Contract shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. Contractor further represents and warrants that the materials and works do not infringe upon the copyright, trademark, trade name, trade dress patent, statutory, common law or any other rights of any person, firm or corporation or other entity. The Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute the goods and work contemplated by the Contract. 22 Appendix D Supplemental Documentation 23 Buy America Requirements (Rolling Stock) Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000) Vendor shall comply with 49 USC 5323Q) and 49 CFR 661 , stating 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 software, microcomputer equipment and small purchases (currently less than $100,000) made with capital, operating or planning funds. Separate requirements for rolling stock are stated at 5323Q)(2)(C) and 49 CFR661 .11 . Rolling stock must be manufactured in the US and have a minimum 60°k domestic content. A Vendor or offeror shall submit appropriate Buy America certification to the recipient with all bids on FTA-funded contracts, except those subject to a general waiver. Proposals not accompanied by a completed Buy America certification shall be rejected as nonresponsive. This requirement does not apply to lower tier SubVendors. Energy Conservation All Contracts except micro-purchases ($3,000 or less, except for construction contracts over $2,000): Vendor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. Clean Water All Contracts and Subcontracts over $100,000: Vendor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Vendor shall report each violation to the recipient and understands and agrees that the recipient shall, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. Vendor shall include these requirements in each subcontract exceeding $100,000 financed in whole or in part with FTA assistance. Pre-Award & Post Delivery Audit Requirements Pre-Award & Post-Delivery Audit Requirements - Applicability — Rolling Stock/Turnkey Vendor shall comply with 49 USC 5323(I) and FTA's implementing regulation 49 CFR 663 and submit the following certifications: . Buy America Requirements: Vendor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If Vendor certifies compliance with Buy America, it shall submit documentation listing: o Component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and o 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. o Solicitation Specification Requirements: Vendor shall submit evidence that it will be capable of ineeting the bid specifications. 24 o Federal Motor Vehicle Safety Standards (FMVSS): Vendor 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 buses will not be subject to FMVSS regulations. Lobbying . Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts over $100,000, Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601 , et seq.] - Vendors 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. Access to Records and Reports Applicability — As shown below. These requirements do not apply to micro-purchases ($3,000 or less, except for construction contracts over $2,000) the following access to records requirements apply to this Contract: . Where the purchaser is not a State but a local government and is an FTA recipient or a sub grantee of FTA recipient in accordance with 49 CFR 18.36(i), Vendor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and Vendor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Vendor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO Vendor, access to Vendor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1 , which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311 . . Where the purchaser is a State and is an FTA recipient or a sub grantee of FTA recipient in accordance with 49CFR 633.17, Vendor shall provide the purchaser, authorized FTA representatives, including any PMO Vendor, access to Vendor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a) which receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311 . By definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. . 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 25 higher education, a hospital or other non-profit organization and is an FTA recipient or a sub grantee of FTA recipient in accordance with 49 CFR 19.48, Vendor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives, access to any books, documents, papers and record of the Vendor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. . Where a purchaser which is an FTA recipient or a sub grantee of FTA recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)1) through other than competitive bidding, Vendor shall make available records related to the contract to the purchaser, the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. . Vendor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Vendor agrees to maintain same until the recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i) (11). FTA does not require the inclusion of these requirements in subcontracts. Federal Changes . All Contracts except micro-purchases ($3,000 or less, except for construction contracts over $2,000) Vendor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Vendor's failure to comply shall constitute a material breach of the contract. Clean Air . Vendor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act, 42 USC 7401 et seq. Vendor shall report each violation to the recipient and understands and agrees that the recipient will, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. . Vendor shall include these requirements in each subcontract exceeding $100,000 financed in whole or in part with FTA assistance. Contract Work Hours & Safety Standards Act Applicability — Contracts over $100,000 . Overtime requirements - No Vendor or SubVendor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of 40 hours in 26 such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. . Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) Of this section, Vendor and any SubVendor responsible therefore shall be liable for the unpaid wages. In addition, such Vendor and SubVendor shall be liable for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in para. (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. . Withholding for unpaid wages and liquidated damages - the recipient shall upon its own action or upon written request of USDOL withhold or cause to be withheld, from any moneys payable on account of work performed by Vendor or SubVendor under any such contract or any other Federal contract with the same prime Vendor, or any other federally-assisted contract subject to the Contract Work Hours & Safety Standards Act, which is held by the same prime Vendor, such sums as may be determined to be necessary to satisfy any liabilities of such Vendor or SubVendor for unpaid wages and liquidated damages as provided in the clause set forth in para. (2) of this section. . Subcontracts - Vendor or SubVendor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the SubVendors to include these clauses in any lower tier subcontracts. Prime Vendor shall be responsible for compliance by any SubVendor or lower tier SubVendor with the clauses set forth in this section. No Government Obligation to Third Parties Applicability — All contracts except micro-purchases ($3,000 or less, except for construction contracts over $2,000) . The recipient and Vendor acknowledge and agree that, notwithstanding any concurrence by the US Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the US Government, the US Government is not a party to this contract and shall not be subject to any obligations or liabilities to the recipient, the Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. . Vendor agrees to include the above clause in each subcontract financed in whole or in part with FTA assistance. It is further agreed that the clause shall not be modified, except to identify the SubVendor who will be subject to its provisions. Program Fraud and False or Fraudulent Statements or Related Acts . Applicability — All contracts except micro-purchases ($3,000 or less, except for construction contracts over $2,000) 27 . Vendor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR 31 , apply to its actions pertaining to this project. Upon execution of the underlying contract, Vendor 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 FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, Vendor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification, the US Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act (1986) on Vendor to the extent the US Government deems appropriate. . If Vendor makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submittal, or certification to the US Government under a contract connected with a project that is financed in whole or in part with FTA assistance under the authority of 49 USC 5307, the Government reserves the right to impose the penalties of 18 USC 1001 and 49 USC 5307(n)(1) on Vendor, to the extent the US Government deems appropriate. . Vendor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the SubVendor who will be subject to the provisions. Termination Applicability — All Contracts over $10,000, except contracts with nonprofit organizations and institutions of higher learning, where the threshold is $100,000 . Termination for Convenience (General Provision) the recipient may terminate this contract, in whole or in part, at any time by written notice to Vendor when it is in the recipienYs best interest. Vendor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. Vendor shall promptly submit its termination claim to the recipient. If Vendor is in possession of any of the recipienYs property, Vendor shall account for same, and dispose of it as the recipient directs. . Termination for Default [Breach or Cause] (General Provision) If Vendor does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and Vendor fails to pertorm in the manner called for in the contract, or if Vendor fails to comply with any other provisions of the contract, the recipient may terminate this contract for default. Termination shall be effected by serving a notice of termination to Vendor setting forth the manner in which Vendor is in default. Vendor shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of pertormance set forth in the contract. If it is later determined by the recipient that Vendor 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 Vendor, the recipient, after setting up a new delivery or performance schedule, may allow Vendor to continue work, or treat the termination as a termination for convenience. 28 . Opportunity to Cure (General Provision) the recipient in its sole discretion may, in the case of a termination for breach or default, allow Vendor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions If Vendor fails to remedy to the recipienYs satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within ten (10) days after receipt by Vendor or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right to terminate the Contract without any further obligation to Vendor. Any such termination for default shall not in any way operate to preclude the recipient from also pursuing all available remedies against Vendor and its sureties for said breach or default. . Waiver of Remedies for any Breach In the event that the recipient elects to waive its remedies for any breach by Vendor of any covenant, term or condition of this Contract, such waiver by the recipient shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. . Termination for Convenience (Professional or Transit Service Contracts) the recipient, by written notice, may terminate this contract, in whole or in part, when it is in the recipienYs interest. If the contract is terminated, the recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. . Termination for Default (Supplies and Service) If Vendor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, the recipient may terminate this contract for default. The recipient shall terminate by delivering to Vendor a notice of termination specifying the nature of default. Vendor shall only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or pertormance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that Vendor was not in default, the rights and obligations of the parties shall be the same as if termination had been issued for the recipienYs convenience. . Termination for Default (Transportation Services) If Vendor 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 Vendor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to Vendor a notice of termination specifying the nature of default. Vendor shall 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 Vendor has possession of the recipient goods, Vendor shall, as directed by the recipient, protect and preserve the goods until surrendered to the recipient or its agent. Vendor and the recipient shall agree on payment for the preservation and protection of goods. Failure to agree on an amount shall be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that Vendor was not in default, the rights and obligations of the 29 parties shall be the same as if termination had been issued for the recipienYs convenience. . Termination for Default (Construction) If Vendor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified, or any extension, or fails to complete the work within this time, or if Vendor fails to comply with any other provisions of this contract, the recipient may terminate this contract for default. The recipient shall terminate by delivering to Vendor a notice of termination specifying the nature of default. In this event, the recipient may take over 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. Vendor and its sureties shall be liable for any damage to the recipient resulting from Vendor's refusal or failure to complete the work within specified time, whether or not Vendor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the recipient in completing the work. Vendor's right to proceed shall not be terminated nor shall Vendor be charged with damages under this clause if: 1 . Delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of Vendor. Examples of such causes include: acts of God, acts of the recipient, acts of another Vendor in the pertormance of a contract with the recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. Vendor, within 10 days from the beginning of any delay, notifies the recipient in writing of the causes of delay. If in the recipienYs judgment, delay is excusable, the time for completing the work shall be extended. The recipienYs judgment shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of Vendor's right to proceed, it is determined that Vendor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if termination had been issued for the recipienYs convenience. . Termination for Convenience or Default (Architect & Engineering) the recipient may terminate this contract in whole or in part, for the recipienYs convenience or because of Vendor's failure to fulfill contract obligations. Recipient shall terminate by delivering to Vendor a notice of termination specifying the nature, extent, and effective date of termination. Upon receipt of the notice, Vendor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the recipient all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in pertorming this contract, whether completed or in process. If termination is for the recipienYs convenience, it shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If termination is for Vendor's failure to fulfill contract obligations, the recipient may complete the work by contact or otherwise and Vendor shall be liable for any additional cost incurred by the recipient. If, after termination for failure to fulfill contract obligations, it is determined that Vendor was not in default, the rights and 30 obligations of the parties shall be the same as if termination had been issued for the recipienYs convenience. . Termination for Convenience or Default (Cost-Type Contracts) the recipient may terminate this contract, or any portion of it, by serving a notice or termination on Vendor. The notice shall state whether termination is for convenience of the recipient or for default of Vendor. If termination is for default, the notice shall state the manner in which Vendor has failed to pertorm the requirements of the contract. Vendor shall account for any property in its possession paid for from funds received from the recipient, or property supplied to Vendor by the recipient. If termination is for default, the recipient may fix the fee, if the contract provides for a fee, to be paid to Vendor in proportion to the value, if any, of work performed up to the time of termination. Vendor shall promptly submit its termination claim to the recipient and the parties shall negotiate the termination settlement to be paid to Vendor. If termination is for the recipienYs convenience, Vendor 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 pertormed up to the time of termination. If, after serving a notice of termination for default, the recipient determines that Vendor has an excusable reason for not pertorming, such as strike, fire, flood, events which are not the fault of and are beyond the control of Vendor, the recipient, after setting up a new work schedule, may allow Vendor to continue work, or treat the termination as a termination for convenience. Government Wide Debarment and Suspension (Non-Procurement) Applicability — Contracts over $25,000 . This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Vendor is required to verify that none of the Vendors, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Vendor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the Vendor certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the Vendor knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Vendor agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Vendor further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracts Involving Federal Privacy Act Requirements . 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 except micro-purchases ($3,000 or less, except for construction contracts over $2,000). 31 The following requirements apply to the Vendor and its employees that administer any system of records on behalf of the Federal Government under any contract: 1 . The Vendor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Vendor agrees to obtain the express consent of the Federal Government before the Vendor or its employees operate a system of records on behalf of the Federal Government. The Vendor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 2. The Vendor 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 All contracts except micro-purchases ($3,000 or less, except for construction contracts over $2,000) The following requirements apply to the underlying contract: . Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC 2000d, Sec. 303 of the Age Discrimination Act (1975), as amended, 42 USC 6102, Sec. 202 of the Americans with Disabilities Act (1990), 42 USC 12132, and 49 USC 5332, Vendor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. Vendor shall also comply with applicable Federal implementing regulations and other requirements FTA may issue. . Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 1 . Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 USC 2000e, and 49 USC 5332, Vendor shall comply with all applicable equal employment opportunity requirements of USDOL, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, USDOL," 41 CFR 60 et seq., (implementing Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC 2000e), and any applicable Federal statutes, executive orders, regulations, and policies that may in the future affect construction activities undertaken in the course of the project. Vendor shall 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 32 compensation; and selection for training, including apprenticeship. In addition, Vendor shall comply with any implementing requirements FTA may issue. 2. Age - In accordance with Sec. 4 of the Age Discrimination in Employment Act (1967), as amended, 29 USC 623 and 49 USC 5332, Vendor shall refrain from discrimination against present and prospective employees for reason of age. Vendor shall also comply with any implementing requirements FTA may issue. 3. Disabilities - In accordance with Sec. 102 of the Americans with Disabilities Act (ADA), as amended, 42 USC 12112, Vendor shall comply with the requirements of US Equal Employment Opportunity Commission (EEOC), Regulations to Implement Equal Employment Provisions of the Americans with Disabilities Act, 29 CFR 1630, pertaining to employment of persons with disabilities. Vendor shall also comply with any implementing requirements FTA may issue. . Vendor shall include these requirements in each subcontract financed in whole or in part with FTA assistance, modified only if necessary to identify the affected parties. Breaches and Dispute Resolution All contracts over $100,000 . Disputes arising in the performance of this contract which are not resolved by agreement of the parties shall be decided in writing by the recipienYs authorized representative. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, Vendor mails or otherwise furnishes a written appeal to the recipienYs CEO. In connection with such appeal, Vendor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the recipienYs CEO shall be binding upon Vendor and Vendor shall abide by the decision. Performance During Dispute - Unless otherwise directed by the recipient, Vendor 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 therefore shall be made in writing to such other party within ten days after the first observance of such injury or damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the recipient and Vendor 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 residing State. Rights and Remedies - Duties and obligations imposed by the contract documents and the rights and remedies available there under 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 recipient or Vendor 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 there under, except as may be specifically agreed in writing. 33 Disadvantaged Business Enterprise Contracts over $3,000 awarded on the basis of a bid or proposal offering to use DBEs . This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10°k. The recipienYs overall goal for DBE participation is .43°k. . The Vendor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Vendor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the Vendor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the municipal corporation deems appropriate. Each subcontract the Vendor signs with a SubVendor must include the assurance in this paragraph (see 49 CFR 26.13(b)). . If a separate contract goal has been established, Vendors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. . If no separate contract goal has been established, the successful Vendor will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. . The Vendor is required to pay its SubVendors pertorming work related to this contract for satisfactory performance of that work no later than 30 days after the Vendor's receipt of payment for that work from the recipient. In addition, the Vendor may not hold retainage from its SubVendors or must return any retainage payments to those SubVendors within 30 days after the SubVendor's work related to this contract is satisfactorily completed or must return any retainage payments to those SubVendors within 30 days after incremental acceptance of the SubVendor's work by the recipient and Vendor's receipt of the partial retainage payment related to the SubVendor's work. . The Vendor must promptly notify the recipient whenever a DBE SubVendor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE SubVendor to pertorm at least the same amount of work. The Vendor may not terminate any DBE SubVendor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. Incorporation of Federal Transit Administration (FTA) Terms All contracts except micro-purchases ($3,000 or less, except for construction contracts over $2,000) . The preceding provisions include, in part, certain Standard Terms & Conditions required by USDOT, whether or not expressly stated in the preceding contract provisions. All USDOT-required contractual provisions, as stated in FTA Circular 4220.1 F, 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 Vendor shall 34 not perform any act, fail to perform any act, or refuse to comply with any request that would cause the recipient to be in violation of FTA terms and conditions. Full and Open Competition . In accordance with 49 U.S.C. § 5325(a) all procurement transactions shall be conducted in a manner that provides full and open competition. Prohibition Against Exclusionary or Discriminatory Specifications . Apart from inconsistent requirements imposed by Federal statute or regulations, the Vendor shall comply with the requirements of 49 USC 5323(h)(2) by refraining from using any FTA assistance to support procurements using exclusionary or discriminatory specifications. Conformance with ITS National Architecture . Vendor shall conform, to the extent applicable, to the National Intelligent Transportation Standards architecture as required by SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 note and follow the provisions of FTA Notice, "FTA National Architecture Policy on Transit Projects," 66 Fed. Reg.1455 etseq., January 8, 2001 , and any other implementing directives FTA may issue at a later date, except to the extent FTA determines otherwise in writing. Access Requirements for Persons with Disabilities . Vendor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Vendor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. Notification of Federal Participation . To the extent required by law, in the announcement of any third party contract award for goods and services (including construction services) having an aggregate value of $500,000 or more, Vendor shall specify the amount of Federal assistance to be used in financing that acquisition of goods and services and to express that amount of Federal assistance as a percentage of the total cost of the third party contract. Interest of Members or Delegates to Congress . No members of, or delegates to, the US Congress shall be admitted to any share or part of this contract nor to any benefit arising therefrom. 35 Ineligible Vendors and SubVendors . Any name appearing upon the Comptroller General's list of ineligible Vendors for federally-assisted contracts shall be ineligible to act as a SubVendor for Vendor pursuant to this contract. If Vendor is on the Comptroller General's list of ineligible Vendors for federally financed or assisted construction, the recipient shall cancel, terminate or suspend this contract. Other Contract Requirements . To the extent not inconsistent with foregoing Federal requirements, this contract shall also include those standard clauses attached hereto, and shall comply with the recipienYs Procurement Guidelines, available upon request from the recipient. Compliance with Federal Regulations . Any contract entered pursuant to this solicitation shall contain the following provisions: All USDOT-required contractual provisions, as set forth in FTA Circular 4220.1 F, are incorporated by reference. Anything to the contrary herein notwithstanding, FTA mandated terms shall control in the event of a conflict with other provisions contained in this Agreement. Vendor shall not pertorm any act, fail to perform any act, or refuse to comply with any grantee request that would cause the recipient to be in violation of FTA terms and conditions. Vendor shall comply with all applicable FTA regulations, policies, procedures and directives, including, without limitation, those listed directly or incorporated by reference in the Master Agreement between the recipient and FTA, as may be amended or promulgated from time to time during the term of this contract. Vendor's failure to so comply shall constitute a material breach of this contract. Real Property . Any contract entered into shall contain the following provisions: Vendor shall at all times comply with all applicable statutes and USDOT regulations, policies, procedures and directives governing the acquisition, use and disposal of real property, including, but not limited to, 29 CFR 18.31 , 49 CFR 24 Subpart B, FTA Circular 5010.1 D, and FTA Master Agreement, as they may be amended or promulgated during the term of this contract. Vendor's failure to so comply shall constitute a material breach of this contract. Access to Services for Persons with Limited English Proficiency . To the extent applicable and except to the extent that FTA determines otherwise in writing, the Recipient agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d 1 note, and with the provisions of U.S. DOT Notice, "DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries," 70 Fed. Reg. 74087, December 14, 2005. 36 Environmental Justice . The Recipient agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations," 42 U.S.C. § 4321 note, except to the extent that the Federal Government determines otherwise in writing. Environmental Protections . Compliance is required with any applicable Federal laws imposing environmental and resource conservation requirements for the project. Some, but not all, of the major Federal laws that may affect the project include: the National Environmental Policy Act of 1969; the Clean Air Act; the Resource Conservation and Recovery Act; the comprehensive Environmental response, Compensation and Liability Act; as well as environmental provisions with Title 23 U.S.C., and 49 U.C. chapter 53. The U.S. EPA, FHWA and other federal agencies may issue other federal regulations and directives that may affect the project. Compliance is required with any applicable Federal laws and regulations in effect now or that become effective in the future. Geographic Information and Related Spatial Data . Any project activities involving spatial data or geographic information systems activities financed with Federal assistance are required to be consistent with the National Spatial Data Infrastructure promulgated by the Federal Geographic Data Committee, except to the extent that FTA determines otherwise in writing. Federal Single Audit Requirements for State Administered Federally Aid Funded Projects Only . Non Federal entities that expend $500,000 or more in a year in Federal awards from all sources are required to comply with the Federal Single Audit Act provisions contained in U.S. Office of Management and Budget (OMB) Circular No. A 133, Audits of States, Local Governments, and Non Profit Organizations. Non Federal entities that expend Federal awards from a single source may provide a program specific audit, as defined in the Circular. Non Federal entities that expend less than $500,000 in a year in Federal awards from all sources are exempt from Federal audit requirements for that year, except as noted in '3052.215(a), but records must be available for review or audit by appropriate officials of the Federal and State agencies. Catalog of Federal Domestic Assistance (CFDA) Identification Number . The municipal project sponsor is required to identify in its accounts all Federal awards received and expended, and the Federal programs under which they were received. Federal program and award identification shall include, as applicable, the CFDA title and number, award number and year, name of the Federal agency, and name of the pass through entity. 37 CFDA number for the Federal Transportation Administration . A Recipient covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations," agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. The Recipient agrees to accomplish this by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SFSAC by CFDA number, and inclusion of the prefix "ARRA" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC. FLY AMERICA REQUIREMENTS . The Vendor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their Vendors are required to use U.S. Flag air carriers for U.S Government- financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Vendor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Vendor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. CARGO PREFERENCE REQUIREMENTS . The Vendor 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 Vendor in the case of a SubVendor'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. 38 DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS . Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereo� due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Vendor and such laborers and mechanics. . Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. . Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics pertorming work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster shall be posted at all times by the Vendor and its SubVendors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. 39 Appendix E State and Federal Certifications 40 Form 020096Wd OS02 ��lowa Department of Transportation CERTIFICATION OF RESTRICTIONS ON LOBBYING (for contracts or subcontracts with $100,000 or more value) The undersigned (Vendor) certifies, to the best of his/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 any 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 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 iYs instruction as amended by government-wide guidance for new restrictions on lobbying 61 Fed. Reg. 1413(1/19/96). (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients 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 certificate is a prerequisite for making or entering into this transaction imposed by 31 USC 1352. 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. The Vendor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Vendor understands and agrees that the provisions of 31 USC 3801, et. seq., apply to this certification and disclosure, if any. Signature of Vendor's Authorized Official Name and Title of Vendor's Authorized Official Date 41 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29, Executive Orders 12549, 12689, and 31 U.S.C.6101 (Contracts over$25,000) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, Vendors, and SubVendors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, Vendors, and SubVendors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Instructions for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below Suspension and Debarment: This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Vendor is required to verify that none of the Vendor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Vendor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or Vendor certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient. If it is later determined that the bidder or Vendor knowingly rendered an erroneous certification, in addition to remedies available to the recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or Vendor agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or Vendor further agrees to include a provision requiring such compliance in its lower tier covered transactions. Vendor Signature of Authorized Official Date_/_/_ Name and Title of Vendor's Authorized Official 42 AGREEMENT TO 3RD PARTY CLAUSES I have read the FTA 3rd Party Clauses applicable to the City of Dubuque RFP for Americans with Disabilities Act (ADA) Accessible Remanufactured Heavy-Duty Vehicles for Public Transit, included in Appendix D, and agree to meet the requirements of these clauses. Signature Title Firm Date 43 BUY AMERICA CERTIFICATION BUY AMEffiCA REQUIREMENTS—APPLICABLE FOR BIDS EXCEEDING $100,000 ONLY 49 U.S.C. 5323(j) 49 CFR Part 661 Certification requirement for procurement of steel, iron, or manufactured products. Cerrificate ofCompliance with 49 U.S.C. 5323O(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 C.F.R. Part 661.5. Date Signature Company Name Title Cerrificate ofNon-Compliance with 49 U.S.C. 5323O(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7. Date Signature Company Name Title 44 L^JIOWADOT 0 � � � - ' BidOrderNumber DISADVANTAGED BUSINESS ENTERPRISE(DBE)INFORMATION Lening Da�e�. STATEMENT OF DBE COMMITMENTS County� (TobecampletedininkbyALLbiddersasperihecurrent�BEspxifcffiioa) pmposalltlen�ificationNumber: The eubmittal of thle brtn wrth ihe;,igned pmpoeel wnetHutesyour DBEcommHmant TM1efnllovnngvroBvnll�subwntrdc�etl�ocertNetlDBEfirms. Conhao�a[ 1. 2 3. 4. 5. 6. 1. OBEFi�m' Subml[ Use Amoun� DBE �6E DaleCon�ac�etl pmte puo@ to�BE Supplle� Comml�men� PersonCon�aRetl Wo�ko�Hems�obe5ub<on��actetl YeslNo Yeslno (�olla5) YeslNo (�ollars� Flrm No No No d°1B Yes � �Vas $ � �Yes $ Cmhtl Flllll NO NO NO oeie � Yes � �Yas $ Yes y cm2a Fum ��Na —No —No d°1B �I]Ves —Yes �$ —Yes � Cmleat — virm � �No No No 0d1P Yes Ves g ves g c�r�= Flrm No No No oeie � Yes Yes � Yes � cm2c� Rrm No No No �1e Ves Ves S Yes � Cmlecl Flrm . No i No No o'�' .—ves ves g �ves g c�r�n I — Frtm � I[No No No oa�` � �Ves � Yes g Yes g cmma FTm —No No No �1e —Ves Ves S �Yu � Cmleat — Firm � �No No No oeie � �ves � Yas g � �ves � cr�rz�i � — �-Fo�ea�n oae n�m.�m�m�,i I��e ormm omrl,n�,a s m�n ee�omnm�ea m�m:uiwe a�mm��mem ma oee ewi. mamai oee pani�i�u�aaiar�m�mam wm ee m�a�,toa petiam orme aouar,m�omm��.a ea peaem oune tlollerslnoalumn Slfadumnfilsa�eakeE. oin�mmion:one ao�ym oesuommea wnn oia one oa�y io�ne con�ren«. 4S Appendix F CONTRACT PRICE PROPOSAL FORM 46 CONTRACT PRICE PROPOSAL FORM The Vendor shall, at its sole cost and expense, provide, perform and complete in the manner described and specified in this Request for Proposal all necessary labor, services, transportation, equipment, materials, apparatus, information, data, freight and other items necessary to accomplish the Project as defined, in accordance with the Request for Proposals and Appendix G, Vehicle Data Sheet/Scope of Work. The proposal must also include procuring and furnishing all approvals and authorizations, permits, and certificates and policies of insurance as specified herein necessary to complete the Project. Total Contract Price $ The Vendor agrees, at its sole cost and expense, provide, perform and complete in the manner described and specified in this Request for Proposal all necessary labor, services, transportation, equipment, materials, apparatus, information, data, freight and other items necessary to accomplish the Project as defined, in accordance with the Request for Proposals and Appendix G, Vehicle Data Sheet/Scope of Work which are incorporated into this Proposal by reference. This Proposal also includes procuring and furnishing all approvals and authorizations, permits, and certificates and policies of insurance as specified herein necessary to complete the Project. Name of Company: Authorized Signature: Date: Address: City: County State: Zip E-mail: Phone ( ) Fax # ( ) Federal ID Number lowa Department of Labor Registration Number, if applicable 47 Appendix G Vehicle Data Sheet/Scope of Work 48 DEFINITIONS OEM: Original Equipment Manufacturer. OR APPROVED EQUAL: Vendor to supply manufacturer, model, and warranty of all "approved equal" components. Basic Bodv Confiquration The bus, at gross vehicle weight rating (GVWR)and under static conditions, shall not exhibit deformation or deflection that impairs operation of door, windows or other mechanical elements. Static conditions include the vehicle at rest with any one wheel or dual set of wheels in a six (6) inch deep hole or with any one tire or any dual set completely deflated. Gross vehicle weight rating (GVWR)to be 30,OOOIb. Low floor 30' stainless steel chassis with two (2) side doors, both controlled independently from driver's seat with wheelchair ramp located at curb side front. Vehicle Construction The bus frame must be capable of operating twelve-plus (12+) years without deformation or failure of the basic bus body, structure, axles and suspension. Frame shall be designed and constructed to carry any stresses imposed and absorb excessive impacts with as little damage as possible. The chassis shall be grade 3CR12 stainless steel or approved equal. The passenger and engine compartment shall be separated by a bulkhead(s) that will, by the incorporation of fire proof material in its construction, be a firewall. Only necessary openings will be allowed in the firewall and these all will be fireproofed. At all points where dissimilar metals are joined together, extreme attention will be given to anti-corrosion treatment to prevent electrolysis. Where all aluminum posts connect to the 3CR12 Stainless Steel or approved equal, the connecting points to be inspected and ANY corrosion of fasteners and connection hardware shall be replaced. Material used to prevent electrolysis must last the planned twelve-plus year's life span of the bus. Bodv Desiqn The bus shall have a clean, smooth, sleek, compact design, correctly proportioned and properly balanced. The exterior and body features, including grills and louvers, shall be shaped to allow complete and easy cleaning by automatic bus washers without snagging washer brushes. Water and dirt shall not be retained in or on any feature to freeze or bleed out onto the bus after leaving the washer. Body and windows shall be sealed to prevent leaking of air, dust, or water under normal operating conditions and during cleaning in automatic bus washers. Accumulation of spray and splash on any window of the bus, generated by the bus wheels on a wet road, shall be minimized. 49 Body material shall be fabricated out of stainless steel, with acrylonitrile butadiene styrene (ABS) plastics or reinforced fiberglass for trim, to extend durability and provide consistency of appearance throughout the life of the bus. The exterior body panels shall be smooth in appearance. Detailing shall be kept simple; add-on devices and trim shall be minimized, and, where necessary, integrated into basic design. Bodv Materials Exterior body skin materials shall be fabricated out of aluminum and/or reinforced fiberglass to reduce maintenance, extend durability and provide consistency of appearance throughout the life of the bus. Detailing shall be kept simple; add-on devices and trim shall be minimized, and, where necessary, integrated into the basic design. Bodv Damaqe Inspect the complete body for damage and repair any damage using materials, workmanship, and design conforming to the best practices known in the transit industry. Functionally damaged, cracked, or corroded panels are to be replaced with new parts. The end result is to be a vehicle that is substantial and durable in construction in all respects. Understructure Inspection and Repairs The contractor, shall clean, by high pressure wash the undercarriage for inspection. Areas shall include, but are not limited to, all mild steel structural members, bulkheads, and air beams. All loose undercoating is to be removed to allow for full access to inspect the structure. The understructure of the bus is to be carefully inspected. Any broken welds are to be repaired, if they are spot welds, the repair is to be made by bolting through with grade eight (8) bolts. Any staining of stainless components does not constitute failure, no grinding of or weakening stainless components allowed. Structural components with greater than 25°k of original thickness corroded away to be reinforced to insure structural integrity. Visible surface rust to be removed and the metal treated with a rust inhibitor. Any issues found shall be brought to the attention of the project manager for disposition. Once the structural repairs are completed, the entire underbody of the bus shall be undercoated, Corashield undercoating only as per factory specifications. Replace front and rear mud flaps.The undercoating shall not be applied to mechanical, rubber, electrical components, air system components, or in the engine compartment. Front Panels The front outside panels shall be repaired or replaced as required. Headlamp bezels shall be replaced with new as required. Any damaged headlamp and turn signal housing assemblies shall be replaced as required. Repair or replace as required 50 number plates brackets. Repair or replace tow eyes as required. All panels, light assemblies, grilles, defroster motor, fresh air plate baffle and windshield wiper spacers shall be sealed to prevent water from entering the interior of the bus. Replace damaged/non-repairable parts with new. Bodv Side Panels Minor dings in metal panels shall be repaired by using industry standards for preparation and repair. Metal panels shall be replaced as required. Dings, scratches, and cracks to fiberglass panels are to be repaired. Rubber fender flares are to be replaced with new. Fiberglass panels with major damage (large cracks and holes) are to be replaced as required. Replace with new all reflectors. Rebuild battery compartment pan and rollers and treat to resist corrosion. Replace damaged/non- repairable parts with new. Contractor shall repair or replace as required all structural members including vertical carline posts, inner and outer structural side panels, strainers and window headers. Roof Vents and Emerqencv Exits Roof hatches seals and hardware shall be replaced with new OEM Roof Panels All roof panels and joints must be thoroughly inspected and sealed as required to insure there are no leaks. All drip molding and rain gutters must be cleaned, inspected, repaired as required. All roof seams shall be resealed. Bumpers The front bumper assembly is to be inspected and repaired or replaced as required. The rear bumper assembly is to be inspected and repaired or replaced as required. The support brackets must be inspected and repaired or replaced as required if bent, cracked, broken or corroded. Water Test The entire surface of the exterior of the bus shall be subject to an extensive water test before the bus is shipped. The water test shall be conducted for a minimum of five (5) minutes. If water leaks become evident during the test, the leak will be repaired and the bus shall undergo another test to ensure that the leaks have been corrected. Bus Paintinq All panels, including roof shall be sanded and painted. All exterior surfaces shall be 51 smooth and free as possible of visible fasteners, wrinkles and dents. The old paint lines shall not show through the new paint. Radiator, charge air cooler, transmission, and all non-painted surfaces shall be masked prior to painting to prevent over spray. All surfaces to be painted shall be properly cleaned and primed prior to application of paint to assure a proper bond between the base surface and successive coats of original paints for the service life of the bus. All paint color and paint system products shall be Dupont, code N0447 EX paint or approved equal, green. Vendor to supply paint codes and samples with bid. Preparation and re-finishing product application shall be in accordance with Dupont instructions and generally accepted industry practices. All coverings shall be applied smoothly and evenly. Decals and Monoqrams The Contractor will supply the interior and exterior decals regarding safety and operating procedures.-Customer will provide specific paint, color scheme, and branding information. Interior All controls, ducts, light sockets, lighting panels and fixtures, molding panels, ceiling panels, seats, frames, and grab rails, etc., shall be inspected and replaced as required. Any trim or convenience items (mirrors, sun visors, etc.) that are functionally damaged shall be replaced with new. The dash and driver's compartment is to be cleaned and painted with no-reflective urethane paint. Minor cracks in the plastic trim are to be repaired. Any plastic panels that are cracked or damaged to be replaced. Side panels, ceiling panels, and miscellaneous trim are to be cleaned. Damaged components are to be replaced as required. Interior Trim All interior trim shall be repaired or replaced as required. The entire interior of the bus must be cleaned. Items with graffiti and stains will be repaired or replaced as required. All interior trim must be properly secured. Floor Coverinq The floor covering shall be RCA (part # TR604) transit rubber flooring or approved equal. It shall be 3/16-inch ribbed in the aisle and 1/8-inch smooth under seats. This floor covering shall be installed over the steel floor and 3/4-inch marine grade plywood or approved equal. The driver's area shall be covered with 1/8-inch smooth flooring and shall be trimmed with anodized aluminum or stainless steel trim molding. The vestibule shall be covered with a 3/16-inch thick ribbed rubber flooring. The wheel wells are to be covered with 1/8-inch minimum thickness RCA rubber or approved equal. 52 All plywood flooring shall be replaced. Replacement plywood shall be three- quarter (3/4) inch, seven-ply marine grade. All new plywood shall be protected with a weather proofing solution on the bottom side and all edges before installation. Composite sub flooring to be inspected and repaired as required with like materials. All exposed mild steel structure will be cleaned and extend rust inhibitor applied. Floor covering shall be replaced (including standee line, step treads, nosings and standee line). New flooring shall be RCA Rubber flooring or approved equal. The flooring shall be sealed at the wheel wells and driver's platform to prevent water entering under the flooring. The step treads, front and rear, shall be properly secured so they are flush with the steps. All wheel housings shall be repaired as required. The wheel housing moldings and trim that are damaged shall be replaced A yellow standee line shall be installed at the forward part of the passenger aisle prior to the entrance to the vestibule area and comply with all applicable ADA requirements. This standee line shall be constructed of the same material as the floor covering. Door Seals and Hardware All door seals and door window seals are to be replaced on both entrance and exit doors. If existing glazing is damaged or delaminated, it is to be replaced as required. Damaged door panels are to be replaced as required. Door shaft bushings and bearings are to be replaced with new. Door operation is to be adjusted to manufacturer's specifications. All mounting hardware is to be replaced with new. Replace the lower door panel shaft bearings. Door shafts are to be inspected, checked for straightness, replaced as required. All door control valves, front and rear door motors, are to be rebuilt. All door system electrical switches, solenoids, relays, time delays, etc. are to be replaced with new. Exit doors sensitive edge system shall be replaced. Copy of warranty included. Passenqer and Driver's Seats All passenger seat frames shall be repaired or replaced as required. Passenger seat inserts shall have new cushion and be reupholstered with a fabric selected by the customer. Wheelchair securement devices, two (2), shall be upgraded to latest requirements and belts shall be cleaned. Defective components shall be replaced as required. Vendor to provide samples of cushion and upholstery. Minimum seating twenty-five (25) or approved equal. Vendor to provide proposed seat layout with bid. 53 The driver's seat assembly shall be replaced with a new black air ride Recaro Ergo Metro seat or approved equal with air bolster adjustment, pneumatic lumber, and vent. Fore and aft seat travel must be at least 9" controlled by air release. All seat controls must be easily accessible by the operator from the seated position, manual adjustments available on both sides of seat. Seat shall accommodate drivers from the 5�h percentile female to the 95�h percentile male. Seat belt to be mounted on left side of driver and be retractable. Destination Siqn Signage shall be on front, side, and back of bus. Hanover bus signage or approved equal. Windshield Wipers and Washers All wiper/washer components to be OEM. Two-speed heavy duty electric wipers shall be provided, one (1) each side with separate controls. Wiper arms shall be pantograph type. Blades are to be self-parking. Washer shall be electric pump supplying nozzles located on the wiper arms. Method of filling windshield washer reservoir shall be accomplished from outside the passenger compartment or driver area. Intermittent wiper system shall be variable speed control allowing timed intermittent windshield cleaning in light rain and/or foggy conditions. Replace all windshield wiper motors, arms and blades with OEM. Replace with new all rubber hose for windshield washer system. Replace all pumps and rebuild other parts for the windshield washer and wiper system. Sun Visor Two (2) adjustable sun visors made of black padded material shall be provided and mounted above the windshield in front of the driver and above the driver's window. Driver seat control information on back of visor. 54 Mirrors The coach shall be equipped with corrosion-resistant, heated, outside rearview mirrors on each side. The mirrors shall be fully adjustable 8" x 15" overall, two (2) section OEM Safe Fleet mirrors or approved equal mounted to reinforced plates. The upper section shall be fixed flat glass while the lower section shall be a convex adjustable glass. Mirror heads shall be mounted to rigid, adjustable support arms and shall be black powder coated finish. Mounted above driver line of sight and at upper portion of windshield. An adjustable mirror shall be provided and mounted over the front dash to allow the driver to observe passengers in the back of the bus. This mirror shall measure at least sixteen (16) inches by four (4) inches. The mirror shall be made of shatter resistant glass. Passenqer Call Bell Passengers chime shall be mounted overhead in drivers' area and be audible to the driver and the passengers. When the passenger call bell cord is pulled, the chime will ring only once and a "STOP REQUESTED" sign mounted on the back of the access door to the destination sign will become illuminated. The sign will stay illuminated until the front is opened. In addition to the sign, a red indicator light on the dash shall come on. The passenger signaling system controls adjacent to the wheelchair securement locations will be inspected and replaced if required. The call bell cord shall be yellow in color, stainless steel cord mounted above the side windows. At each window mullion a separate cord shall run from the main cord to the base of the window mullion where it will be secured to the wall by a stainless-steel clamp. Wheelchair Ramp A fold out electrical (hydraulic backup) operated ramp (ADA compliant) with stainless steel tray shall be provided at the front door for deployment by the driver from the driver's seated position. The deployed ramp measuring 30.5" wide minimum and 44" long minimum shall fold out to the curb height and retract back into a recessed floor area. The recessed area will not create a trip hazard. The ramp will be the flip out not the cassette style of ramp. Manual deployment by use of strap and sealed to prevent dirt and debris from entering mechanism. Complete ramp shall be Lift U LU18 or approved equal. Nine (9) bus ramps will all be of the same design and operationally similar with expected life of twelve (12) years. Copy of warranty and service provider included with bid. 55 Restraint Svstem The bus to be equipped with two (2) Americans with Disabilities Act (ADA) compliant wheelchair and passenger restraint systems. All belts and accessories to be permanently mounted and installed in such a way as to be unobtrusive when the seating area is not in use. Vendors to submit seating arrangements and wheelchair restraint device design along with their bid proposal. Bike Rack Bus shall be equipped with a new two (2) place bike rack, installed with proper mounting equipment on front bumper of vehicle, shall not block headlight beams in any way. Air Drver Filterinq Svstem The installation of a new bus style air dryer is required. Front Axle Assemblv The front axle assembly shall be removed, cleaned and checked for cracks. New drag link ends and tie rod ends shall be installed. Spindles shall be inspected and replaced as required. New kingpins and bushings are to be installed. Inspect front stabilizer bar for cracks or damage. Replace with new if cracked or damaged. Apply treatment to prevent corrosion. All components to be OEM. Front Suspension Components All shock absorbers, shock absorber bushings and hardware, air springs, leveling valves and linkages, sway bar links, self-locking nuts, nuts, sway bar bushings and clamps, roll pins, bumpers, spacer washers, washers, retainer washers, and washers with shoulders shall be replaced with new. Bellows plates and sway bar, lateral rod brackets, U-bolts, shall be replaced with new as required. Shock absorber mounts shall be repaired or replaced as required. All fasteners shall be torqued to OEM specifications. Replace all torque rod bushngs, bolts, nuts, washers, retainer washers, spacer washers and washers with shoulders. The torque rods shall be inspected and replaced as required. Torque rod mounts will be inspected for wear and fit and shall be replaced as required. Suspension shall be capable of 3.5" jounce and 3" in rebound. Kneeling device, regardless of load, activated by driver, to floor height of 12.5". Rear Axle Assemblv Rear axle assembly shall be completely rebuilt, Rockwell (Meritor's 61143 or 71163 are acceptable or approved equal). Warranty terms, model, and ratio to be included with bid. Rear Suspension Components 56 All shock absorbers, shock absorber bushings and hardware, air spring assemblies, axle bumpers, leveling valves and linkages, and self-locking nuts shall be replaced with new. Replace with new all torque rod bushings, bolts, nuts, spacer washers, retainer washers and washers with shoulders including the bushing/pin/dowel on the front end of the torque rods. All torque rods shall be inspected and replaced as required. All rods shall be true and of proper length. Shock absorber pins and mounts shall be torqued to OEM specifications. Warranty terms provided on replaced parts. Brakes The front and rear braking system shall be disassembled, inspected and rebuilt. The following items shall be replaced with new OEM. Brake shoes, lining, brake drums, anchor pins, anchor pin bushing, anchor pin straps, return springs, return spring pins, camshafts, camshaft bushings, camshaft seals, washers, slack adjusters, chambers, flexible brake hoses and hardware. Brake spiders shall be inspected. Any signs of wear, grooving, or stress will require spiders to be replaced. Air Brake Interlock Svstem The controls and solenoids used to apply the brake interlocks, including the pressure regulator valve, interlock solenoid valve, double check valve, and quick release valve will be removed and replaced with new OEM. Replace brake treadle dual valve. Rebuild brake interlock valve cluster. Replace all air valves with new components. Clean, pressure test, and repaint air tanks. Replace all brake valves with new components. Pressure test and repair air lines as required. Replace flexible air hoses to brake chambers. Steerinq The steering column shall be inspected and rebuilt with OEM. This is to include U- joints, horn ring, contacts, tilt steering gears and all levers, pins and bearings. If the steering column cannot be rebuilt the steering column shall be replaced with new OEM. Power steering gear assembly shall be replaced with factory remanufactured or new OEM . The power steering reservoir filter is to be replaced with new. Power steering pump, drive gear assembly, and spring shall be replaced with new OEM. Replace the power steering in-line filter with new. Replace the steering propeller shaft with new OEM. All hoses in the power steering system shall be replaced with new. System heat exchanger to be replaced with new OEM All mounts, brackets, lines and hardware shall be inspected and replaced as Required. A 4-wheel alignment shall be performed once the axle and steering work is completed. 57 Copy of alignment readings before and after work completed. Wheels & Tires Buses to be equipped with white steel wheels, center hub mount only. Flat nut and washer mounting only. The steel wheels shall be cleaned, sand blasted, and powder coated, no pitted or damaged wheels accepted. Customer shall supply tires, B275/70/R22.5, tires will be shipped to Vendor for proper installation. Wheels to match provided tire size. Front Wheel Hubs Hubs shall be removed, disassembled, cleaned, corrosion removed, and inspected. Hubs with cracks or other damage, to include corrosion pitting, will be replaced with new as required. All bearing cups, cones, seals, wipers and gaskets shall be replaced. Nuts, washers and associated hardware will be replaced as required. All wheel studs, lug nuts, and nuts will be replaced. Dust caps must be replaced as required. Rear Wheel Hubs Hubs must be removed, disassembled, cleaned, corrosion removed, and inspected. Hubs with cracks and damage, to include corrosion pitting will be repaired or replaced as required. All bearing cups, cones, seals, wipers, gaskets shall be replaced. Nuts, washers, and associated hardware will be replaced as required. All wheel studs, lug nuts, axle studs, nuts, lock washers and dowels shall be replaced. Fuel Svstem Fuel system must meet all Federal Regulations. Fuel Filters, Lines and Check Valves Fuel filters shall be replaced with new. Replace or repair as required the fuel filter bases, and securement devices. Fuel lines in engine compartment shall be replaced with new steel braided hoses. Fuel Tanks Fuel tanks are to be cleaned and checked for leaks, replaced with new as required. Mounting straps to be replaced with new. Buses will be delivered with stainless tanks only. Fuel tank filler neck is to be inspected and repaired or replaced with new as required. Filler neck gasket shall be replaced. Fuel system to be pressure tested for leaks. 58 Electrical Svstems Battery compartment must be clearly marked on the outside, "Battery," and if master disconnect is located in some other compartment, it must be marked, "Battery Disconnect." Repair or replace all switches, relays, and electro-mechanical sensors as required. Replace all circuit breakers and fuses as required. Replace batteries with new heavy-duty batteries. Replace battery disconnect switches as required. Replace battery hold down. Install 4- 3100 Series batteries instead of 2 8D batteries or approved equal. Replace driver's switches for turn signals and dimmer, update software as needed. Inspect and replace all interior lamps with LED if not currently LED. Exterior Liqhtinq All exterior lighting shall conform to all applicable state regulations and FMVSS 108. All exterior lights to be LED and be provided by Dialight/Peterson/Hamsar or approved equal. Headlamps shall be dual rectangular sealed beam of counter-sunk automotive type and shall be controlled by a floor mounted weatherproof dimmer switch. Stop tail lights shall be red and rear directional lights shall be amber. Side directional lights with amber lens protected by chrome plated light guards. Side marker and ICC marker lights shall be roof mounted, five (5) each amber front, and five (5) each red rear. Stepwell lights shall be mounted so that entire stepwell and portion of the ground area outside the bus is sufficiently illuminated. The step lights shall be extinguished when the front and/or rear door has closed. Curb and ramp area shall be illuminated by an exterior mounted floor light controlled by the front and/or lift door or approved equal lighting from another area. Interior Liqhts All interior passenger lighting replaced with new LED. Install new LED step lights. All interior lights to be I/O or Pretoria or approved equal, fluorescent tube not acceptable. Exterior Back-up Alert Audible warning device shall sound outside the vehicle when vehicle is put in reverse. 59 Control and Instrument Panel The control panel shall provide labeled and illuminated system control switches when equipped, such as, but not limited to, headlights, dome lights, air conditioning, high idle, door control, etc. Instrument panel shall be equipped with, but not limited to, fuel gauge, speedometer, odometer, front and rear air pressure gauges, coolant temperature gauge, and voltmeter, all visible from driver's seat. Telltale lights shall indicate, but not be limited to, low oil pressure, high coolant temperature, low coolant, lift deployed, park brake, high beam, and low air brake pressure, etc. Foot controlled directional switches shall be installed in a tapered steel left hand foot box, one (1) each for left and right directional lights. Instruments and Driver's Area The driver's overhead light assembly shall be replaced. The driver's compartment left hand panel (housing that secures the parking brake valve) and all other panels in this area shall be replaced if cracked, damaged, or missing. The headlight high/low beam, left directional and right directional switches, and driver's heater temperature control valve and cable assembly shall be replaced. The speedometer shall be replaced. Brake and accelerator pedal assemblies shall be repaired or replaced as required. Brake and accelerator pedals to be electronically adjustable by driver. Replace throttle position sensor (TPS) on accelerator pedal as required. Inspect and provide list of all gauges, tell-tale panel lights, and instrumentation switches and replace all that are defective as required. Replace master switch. The low air switch and secondary stop lamp switch must be inspected and replaced as required. Remove, inspect, and replace as needed driver compartment panels. Driver Hand and Foot Controls All driver controls shall be accessible from driver seat while in seated position. Pedals shall be adjustable by driver without use of tools. Electrical Svstem Junction blocks, connectors, and terminals shall be inspected and replaced as required. All engine harnesses, transmission harnesses, engine closure door harnesses, and all other engine compartment harnesses to be replaced. All harnesses to be installed in 60 conduit, retained, and routed per factory specs. Rear apparatus box harness, switches and solenoid are to be replaced. All battery cables are to be replaced as required, including starter, battery, and alternator cables. Headliqhts Headlamp housings are to be repaired or replaced as required and adjusted to proper settings. Headlight seal beams are to be replaced with new LED headlights. Battery and Battery Compartment Batteries shall be replaced. Battery hold-down devices shall be inspected and replaced as required. All battery cables to be replaced. The 24-volt and 12-volt disconnect switches and all circuit breakers located within the battery compartment shall be replaced. The circuit breaker box shall be cleaned, inspected and painted with a corrosion resistant paint or replaced if found defective. All grounds associated with the battery and charging system shall be disassembled, cleaned, repaired and reassembled. The ground stud on the bulkhead will be replaced. The solenoid, 12-volt charger, 12/24 -volt regulator and 24 -volt junction box shall be replaced. Battery trays, battery tray slides, rollers and locks shall be inspected and replaced as required. Battery configuration shall be 8D. Alternator & Starter The alternator shall be replaced with new OEM. The starter shall be replaced with a new OEM heavy duty starter. Camera Svstem Camera system will be installed at a later date. Electronic Fare Boxes Fare boxes will be installed by local Vendor. Vendor requires 24 volts for system. 11" x 11" footprint x 36" height required for mounting pad. 3.15.8 Radio system Radio system will be installed at a later date. Power Train Mountinq The engine, transmission and other power plant components must be mechanically isolated from the coach frame to minimize the transfer of vibration to the body structure. 61 Coolinq Svstem The cooling system shall be equipped with an automatic pressure relief cap. The cooling system shall be designed to withstand operating pressures without leaking and be protected to prevent extreme pressure build-up. The cooling system shall be equipped as part of the electronic control system for the engine with separate low coolant and hot engine warning lights on the driver's instrument console. The engine must be protected from excessive engine temperatures and low oil pressure by an automatic shutdown system. Enqine Coolinq Svstem Radiators shall be replaced with new OEM parts. Charge air coolers to be cleaned, inspected and repaired as required. Non- repairable units shall be replaced as required. The fan shroud, bezel and seals are to be repaired or replaced as required. All other associated hardware and fasteners will be replaced as required. Electric fans shall be replaced with new OEM parts. Warranty of new and rebuilt components to be included. The surge tank is to be cleaned, pressure tested and inspected for cracks, leaking, severely dented or corroded and repaired or replaced as required. Repaired components are to be painted with corrosion resistant paint. The pressure relief valve and sight glass shall be replaced with new as required. All associated mounting brackets and hardware shall be inspected and replaced as required. All hoses shall be replaced with premium 4-ply fabric reinforcement silicone that is impervious to all bus fluids. All hose clamps shall be replaced with Constant- Torque clamps. All coolant system fittings shall be brass or stainless steel, tubing and fittings shall be inspected and replaced as required. New coolant shall be installed to protect to a minimum of minus twenty (-20) degrees below zero Fahrenheit. Coolant system to be pressure tested to 161bs for 30 minutes cold, 30 minutes warm 3 separate tests and results provided with bid. Exhaust Svstem The muffler and catalytic converter assemblies shall be replaced, all after treatment components to be replaced with new. Warranty terms of replaced parts to be 62 provided. Exhaust Components Inspect the existing exhaust pipes, clamps, grommets, support brackets, insulation, and muffler straps, replace as required. All flexible exhaust pipes shall be replaced with new stainless steel pipes and new stainless steel band clamps. Exhaust noise level not to exceed 83 dba. Enqine Assemblv Install new engine; Cummins or approved equal, with new after treatment system if required. Install new engine harness and all necessary components to provide fully functional system. Factory warranty must be included. Unit is required to meet all Federal and State regulations, capable of operating with 20°k biodiesel. All cooling hoses and clamps shall be replaced. New clamps shall be stainless Constant-Torque. All steel braid lines shall be replaced. All charge air cooler hoses shall be replaced to include new Constant-Torque clamps. Engine mounts and hardware shall be replaced. Filters shall be replaced. Engine shall have 275 HP with 890 ft Ibs torque minimum. Engine and after treatment warranty terms provided with bid. Check valve in fuel system to prevent drain back. Replace the accelerator treadle with new model. Provide a remanufactured air compressor and replace the D-2 or approved equal air governor. Provide a rebuilt alternator. Install a new starter. Replace starter power line to the starter and ground cables. Enqine Cradle Remove existing engine/transmission cradle assembly to facilitate the bus rehabilitation process. The engine cradle shall be inspected and cleaned. When reinstalling the engine cradle to the bus, all insulators, cushion assemblies and mounting hardware shall be replaced with new hardware and mounts. The torque on all threaded fasteners shall be set to OEM specifications. Air Intake Svstem The air filter element shall be replaced with new. The air filter molded hoses, clamps and other associated parts and hardware shall be replaced as required. All clamps shall be Constant-Torque. A new Filter minder restriction indicator shall be installed. Access Doors Inspect, straighten and repair engine compartment access doors. Access doors that are beyond repair must be replaced as required. All hinges and gas spring props shall be replaced. Bumpers and latches shall be replaced as required. Grille screen in radiator access door is to be replaced. Inspect and replace with new, if missing or damaged, rubber latches on radio and battery doors. Battery doors must have new 63 latches installed or new gas cylinders installed to keep them closed. The radiator, transmission, access doors, fuel, surge tank fill, engine oil fill and window washer doors shall be repaired or replaced as required if bent, cracked, corroded or damaged, and adjusted properly. All door seals, bumpers and stops shall be replaced as required. Enqine Closure Door Rear engine closure door shall be repaired or replaced as required. Two (2) new gas springs shall be installed. All lights shall be Soundoff Signal LED or equivalent. Enqine Compartment The engine compartment is to be thoroughly cleaned. The engine compartment shall be separated from the passenger compartment by fireproof bulkheads so designed as to prevent smoke, fumes, engine heat, and fire from entering the passenger compartment. All engine compartment switches, gauges, solenoids, terminal blocks, and connectors, both halves, are to be replaced with new. All engine compartment light assemblies are to be replaced with new LED lamps. All engine compartment gauges are to be replaced. The rear apparatus box is to be replaced. The rear apparatus box switches, junction block, magnet switch and drain boot shall be replaced. Enpine Controls The engine compartment shall be equipped with all the necessary controls including an automatic engine shutdown system. This shutdown system shall protect the engine from low coolant, high engine temperature, and low oil pressure. A manual override feature shall be provided to allow for thirty (30) seconds of continued engine operation and this feature will be included as part of the engine control system. Transmission Transmission shall be a Voith DIA W4, D864 (or approved equal), gear ratios provided. All major repairs during the warranty period will be the responsibility of the offeror. The offeror will provide full details on the warranty center the offeror is proposing to use. Provide warranty of transmission with bid. Electronic Shift Control Driver's shift control is to be replaced with new OEM. Drive Shaft Inspect and repair the drive shaft assembly. Propeller shaft shall be rebuilt with new universal joints. Slip-joint and counter balance shall be replaced with new. 64 Climate Control Svstem The bus temperature control system shall be designed for semi-automatic climate control of the air conditioning, heating, and ventilation of the bus as an integrated system. Control provided to the driver shall be by a rotary mode switch. Common controls, ducting and outlets shall be utilized to disperse and circulate the air into the bus interior in a manner to provide maximum comfort for the passengers and operator. All circulated air shall be filtered and a maximum of 20°k of the volume of air introduced for each cycle shall be taken into the system from the outside. The temperature- conditioned air shall be distributed in air ducts mounted above the side windows and at the ceiling including the operator's window. There shall be a booster blower in the duct above the driver's area. Provide warranty Information of all system components. Wash exterior of the air conditioning condenser with a cleaning solution and flush interior. Replace unit if damaged or functionally defective. Install new air filters in evaporator unit. The A/C unit should not be removed unless required. The evaporator, condenser and heating coils shall be cleaned. The HVAC system shall be tested for proper operation per manufacturer specifications. Replace control valves and relays as required. Install new dryer. Refrigerant- 407C or 134A or approved equal. Blower motors shall be replaced with new. Replace Perry filter and valves if applicable. Replace with new air filter screens in the heater system. All grates, nozzles, grills, tubes, ducts and linkages shall be cleaned and inspected. Water valves shall be rebuilt. The under-seat and auxiliary over-driver blower motors and fans shall be replaced. All driver's compartment air conditioning, defroster and heating controls shall be replaced. New air filter elements shall be installed. The heating, cooling, and A/C systems shall operate in accordance with manufacturer specifications. Air Conditioninq Compressor The compressor shall be replaced with new. Suction and discharge hoses shall be replaced. The system will be properly vacuumed and charged to manufacturer specifications. The belt guard shall be repaired as required. Defroster/Driver Heater Driver's heater is to be inspected for proper operation. Heater/defroster motor assembly shall be replaced with new. The driver's heater core is to be replaced with new. All heater hoses, clamps and water shut-off valves are to be replaced. Clamps shall be Constant-Torque. Defroster ducts must be inspected and repaired. Heater air filters are to be replaced. Control cables shall be inspected and replaced as required. Wire connectors are to be inspected and replaced. Heater box is to be 65 inspected and repaired or replaced as required. Two fans shall be operational from driver's seat area for the movement of air onto inside of windshield. Booster Pump The boost pump shall be replaced. Fire Extinquisher The contractor will provide and install a rechargeable ten-pound dry chemical fire extinguisher with an ABC rating. The fire extinguisher will have gauge showing status of charge. A metal label will be attached to the fire extinguisher indicating it has been listed and approved by the Underwriters Laboratories and/or Factory Mutual Laboratories. Reflectors The contractor will provide three (3) folding reflective triangles in accordance with Federal DOT Standard No. 125 in each bus. The triangles will be stored in a fiberglass, plastic or aluminum container. Air Tanks All air tanks and mounting hardware are to be inspected. Tanks will be replaced if leaking, cracked, dented or corroded in any way with new tanks and new hardware as required. Air tanks are to be treated with a corrosion inhibitor (Extend). New drain cocks are to be installed on each tank. Air Valves All air system valves shall be replaced with new. This is to include brake application valve, relay valves and interlock system valves. All check valves, pressure protection valves and air strainers are to be replaced with new. Schrader type valve in engine compartment that will allow auxiliary air hook up. Air Compressor The air compressor shall be replaced with a rebuilt compressor. The D-2 or approved equal air governor shall be new. Oil separator provided. Engine idle up controlled by driver provided. Attach compressor warranty terms to bid. Air Drver The air dryer shall prevent accumulation of moisture in system. It shall have a dual filter and be designed for buses. Vertical mount, desiccant type with replaceable desiccant cartridge and thermostatically controlled heater element. Unit will have automatic purge 66 and drain cycle, cleanable through bottom of unit. Air Hoses and Lines All nylon air tubing to be replaced. Rigid plumbing (copper), shall be inspected and replaced as needed. Line supports and fittings shall be inspected and replaced as required. All lines routed per original factory specifications. Air Svstem Tests Prior to delivery from the Contractor's facility, the following tests shall be pertormed on the vehicle's air system: a) The bus shall be started and run at idle. The bus shall charge the air system from forty (40) psi to the governor cut-off pressure in less than three minutes. b) The bus shall be started and the air system shall be charged until the governor cut-off is reached. The bus will then be shut down. The bus shall not leak down more than five (5) psi as indicated on the Instrument panel mounted gauges, within fifteen (15) minutes from the point of governor cut-off. c) With the engine shut off, the run switch in the "on" position and the emergency brake "off', the foot brakes shall be pumped down. Ensure the low air warning horn and light come on at 60 psi and the emergency brake sets at 30 psi. If the bus does not successfully complete the air system tests, the air system shall be re-inspected and all necessary repairs to successfully pass the above tests shall be completed by the Contractor. After the repairs are completed the above tests shall be repeated until passed. Windows and Frames Windshield, passenger side windows glass, destination sign glass and driver's left- hand side window glass will be cleaned, inspected and replaced as required if cracked, delaminated, hazed, etched, graffiti or crazed. Driver's side window will be sliding from front to back. Glass repairs (chip repair) will not be allowed in driver's eyesight. Replacement glass must match existing tint and light transmission characteristics. Rubber moldings and filler shall be replaced. All window latches shall be replaced as required. Repair or replace all emergency side window retention systems as required. Window seals, channels, rubber harnesses, filler and weather stripping must be replaced. Kneelinq Svstem All kneeling system components including solenoid switches, connections, and wiring shall be replaced with new. The kneeling system shall be returned to fully functional condition and adjusted to specifications. Kneeling system to have audible and visual 67 warning. The kneeler warning horn shall be replaced. Brake and throttle interlock shall prevent movement when bus is kneeled, driver control and kneeling status indicator shall be visible/operational from driver's seat. Kneeling height to be 12.5" measured at the longitudinal centerline of the front door. Bus shall return to normal operational height within 5 seconds. Copy of warranty provided. Proposed Bus chassis VIN#s Vendor to provide 30 bus chassis VIN#s for City to complete background checks on, City will choose (9) bus chassis' from provided list. Note: OEM must be adhered too where specified. 68 Appendix H Insurance Schedule 69 INSURANCE SCHEDULE G 1. Vendor shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I prior to the contract commencement. Each certificate shall be prepared on the most current ACORD form approved by the lowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations: Project- Remanufactured Buses 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M. BesYs Rating Guide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The vendor shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. All required endorsements shall be attached to certificate. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Finance Director. The vendor must identify or list in writing all deviations and exclusions from the ISO form. 8. If vendor's limits of liability are higher than the required minimum limits then the vendor's limits shall be this agreemenYs required limits. 9. Vendor shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub-subcontractors. Vendor agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage. The City may request a copy of such certificates from the Vendor. 70 INSURANCE SCHEDULE G (continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 a) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04"Designated Location(s) General Aggregate Limit." c) Include endorsement indicating that coverage is primary and non-contributory. d) Include Preservation of Governmental Immunities Endorsement (Sample attached). e) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. f) Policy shall include Waiver of Right to Recover from Others endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Other endorsement. Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22 _yes _form attached 71 INSURANCE SCHEDULE G (continued) C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY Coverage required: _yes x no Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each Occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 1) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. (Ongoing operations) as stated in A(6) above or its equivalent. 2) Include Preservation of Governmental Immunities Endorsement. 3) Provide evidence of coverage for 5 years after completion of project. D) PROFESSIONAL LIABILITY $1,000,000 Coverage required: _yes _x_no Provide evidence of coverage for 5 years after completion of project. E) CYBER LIABILITY $1,000,000 Coverage required: _yes _X no Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. F) UMBRELLA/EXCESS $1,000,000 X yes _ no Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. F) GARAGE KEEPERS Vendor must provide evidence of garage keeps coverage acceptable to City and in City's sole discretion 72 PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, lowa. No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 73 Appendix I Bond Documents 74 PERFORMANCE and PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we, , as Principal (hereinafter the "Contractor" or "Principal") and , as Surety are held and firmly bound unto the City of Dubuque, lowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of dollars ($ ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the day of , 2019, (hereinafter the "ContracY') wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for nine ADA accessible remanufactured 30ft low floor heavy-duty transit buses Project detail the following described improvements: Provide nine ADA accessible remanufactured 30ft low floor heavy-duty transit buses. It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1 . PERFORMANCE: The Contractor shall well and faithfully observe, pertorm, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to pertorm as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations 75 furnishing materials for or performing labor in the pertormance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the lowa Code, which by this reference is made a part hereof as though fully set out herein. 3. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20°k) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of 76 litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been pertormed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125°k) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the lowa Code; third, if not defined in the lowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. 77 Project No. Witness our hands, in triplicate, this day of , 2019. PRINCIPAL: surety Company By: Contractor Signature Attorney-in-Fad Officer By: Signature Printed Name of Attorney-in-Fact Officer Printed Name Company Name Title Company Address FORM APPROVED BY: City, State,Zip Code Representative for Owner Company Telephone Number SURETY: NOTE: 1 . All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END OF SECTION =___ 78 BID BOND We as Principal (Contractor), and , as Surety, are held and firmly bound unto the City of Dubuque, lowa (City), in the sum of $ (10°k of (use numbers) the Bid amount), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying Bid, dated day of , 20 fo r nine ADA accessible remanufactured 30ft low floor heavy-duty transit buses (Project). NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein during the opening of same, or if no period specified, within thirty (30) days after said opening, and must within the period specified therefore, if no period be specified, within ten (10) days after date of City's Notice of Award, enter into a Contract with the City, in accordance with the Bid as accepted, and give Bond with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfillment of such Contract, then the above obligation shall be void and of no effect, otherwise to remain in full force. The full amount of this Bid Bond will be forfeited to the City as an Agreed Cost of Delay in the event that the Principal fails to execute the contract and provide the Bond as provided in the Contract Documents or by law. IN WITNESS WHEREOF, the above parties have executed this instrument under their several seals this day of , 20 the name and corporate seal of each corporate party being hereto affixed and duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL: SURETY: Contractor Name Surety Name By: By: Signature Signature Title Title Date Date ___= END OF SECTION =___ 5