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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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Appendix D
Supplemental Documentation
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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.
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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
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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)
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. 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.
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. 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�
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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