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HomeMy WebLinkAboutC17-260 Davey Coach Sales IncAGREEMENT FOR EQUIPMENT AND/OR MATERIALS BETWEEN EAGLE COUNTY, COLORADO AND DAVEY COACH SALES, INC. THIS AGREEMENT ("Agreement") is effective as of 07/18/2017 _-by and between Davey Coach Sales, Inc. a Colorado corporation (hereinafter "Vendor") and Eagle County, Colorado, a body corporate and politic (hereinafter "County"). 1.101 ti F-11161 WHEREAS, County desires to purchase a quantity of one (1) ADA Accessible, Low Floor, Body on Chassis Bus and WHEREAS, Vendor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment and/or materials as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Vendor and County in connection with the procurement of equipment and/or materials. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Vendor and County agree as follows: 1. Equipment. Vendor agrees to procure the materials, equipment and/or products (collectively the "Equipment") described in Exhibit A which is attached hereto and incorporated herein by reference. The Equipment shall be provided in accordance with the provisions and conditions of this Agreement. a. Vendor agrees to furnish the Equipment in accordance with the specifications and price sheet established in Exhibit A By signing below, Vendor represents that it has the expertise and personnel necessary to properly and timely provide the Equipment. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. C. County shall have the right to inspect all Equipment. Inspection and acceptance shall not be unreasonably delayed or refused. In the event County does not accept the Equipment for any reason in its sole discretion, then Vendor shall upon County's request and at no charge to County: i. take the Equipment back; ii, exchange the Equipment; or iii, repair the Equipment. 2. County's Representative. The Eagle County Regional Transportation Authority Department's designee shall be Vendor's contact with respect to this Agreement. Page 1 of 9 C17-260 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph t0 hereof, shall continue in full force and effect through the 30'h day April, 2018. 4. Extension or Modification. Any amendments or modifications shall be in writing signed by both parties. No additional Equipment shall be provided by Vendor unless and until Vendor has obtained written authorization and acknowledgement by County for such additional equipment in accordance with County's internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Equipment, and no claim that County has been unjustly enriched by any Equipment, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional equipment is not timely executed and issued in strict accordance with this Agreement, Vendor's rights with respect to such additional equipment shall be deemed waived and such failure shall result in non-payment for such additional equipment. S. Compensation. County shall compensate Vendor for the Equipment in a sum computed and payable as set forth in Exhibit A. The Equipment under this Agreement shall not exceed $149,336. a. Payment will be made for Equipment satisfactorily delivered and accepted by County within thirty (30) days of receipt of a proper and accurate invoice from Vendor. All invoices shall include detail regarding the Equipment and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Vendor was improper because the Equipment for which payment was made were not provided as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Vendor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. C. County will not withhold any taxes from monies paid to the Vendor hereunder and Vendor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1- tO t et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Insurance. Vendor agrees to provide and maintain at Vendor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii. Commercial General Liability coverage to include premises and operations, persona I/advertising injury, prod uctslcompleted operations, broad form property damage with limits of liability not less than $1,0(10,0[10 per occurrence and $1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit B. ii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iii. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. iv. Vendor is not entitled to workers' compensation benefits except as provided by the Vendor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Vendor or some other entity. The Vendor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 7. Indemnification. The Vendor shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Vendor or any of its subcontractors hereunder; and Vendor shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Vendor. This paragraph shall survive expiration or termination hereof. S. Documents. Vendor shall execute any bill of sale or other documents required by County to transfer title of the Equipment to County. Vendor shall provide copies of any instruction or operations manuals and shall further provide copies of any manufacturers warranties associated with the Equipment. 9. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Chris Lubbers 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3533 Facsimile: 970-328-3539 E-mail: christopher.lubbers@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-38-8685 Facsimile: 970-328-8699 E -Mail: atty@eaglecounty.us VENDOR: Davey Coach Sales Inc. Attention: Comer Hobbs 7182 Reynolds Drive Sedalia, CO 80135 Tel: (303) 683-9500 Fax: (303) 683-6008 Cell: (720) 539-9455 comerh@Maveycoach.com 10. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Vendor. Upon termination of this Agreement, Vendor shall immediately provide County with all documents as defined in paragraph 8 hereof, in such format as County shall direct and shall return all County owned materials and documents in the possession of Vendor, if any. County shall pay Vendor for Equipment satisfactorily inspected and accepted to the date of termination. 11. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 12. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 13. Other Contract Requirements and Vendor Representations. a. Vendor has familiarized itself with the intended purpose and use of the Equipment to be provided hereunder, the intended use of such Equipment by County, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress, or Equipment. b. Vendor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of this Agreement. C. The fact that the County has accepted or approved the Equipment shall not relieve Vendor of any of its responsibilities. Vendor represents and warrants that it has the expertise and personnel necessary to properly perform the terms of this Agreement. Vendor shall provide appropriate supervision to its employees to ensure the performance in accordance with this Agreement. Vendor will provide the Equipment in a skillful, professional and competent manner and in accordance with the standard of care applicable to vendors supplying similar equipment. d. Vendor warrants merchantability and fitness of the Equipment for its intended use and purpose. C. Vendor hereby represents and warrants that the Equipment will be new and guarantees all Equipment against defects as described in the documented quote submitted on August Wl' 2016, or such longer period as may be provided by the law or as otherwise agreed to by the parties. f. All guarantees and warranties of Equipment furnished to Vendor by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any Equipment furnishes a guarantee or warrantee for a period longer than described in the documented quote submitted on August 10"' 2016, then Vendor's guarantee or warrantee shall extend for a like period as to such Equipment. g. Vendor warrants that title to all Equipment shall pass to County either by incorporation into the County facility or upon receipt by Vendor of payment from County (whichever occurs first) free and clear of all liens, claims, security interests or encumbrances. Vendor further warrants that Vendor (or any other person performing Work) purchased all Equipment free and clear of all liens, claims, security interests or encumbrances. Notwithstanding the foregoing, Vendor assumes all risk of loss with respect to the Equipment until County has inspected and approved the same. h. Within a reasonable time after receipt of written notice, Vendor shall correct at its own expense, without cost to County, and without interruption to County: i. Any defects in Equipment which existed prior to or during the period of any guarantee or warranty provided in this Agreement; and ii. Any damage to any property caused by such defects or the repairing of such defects. i. Guarantees and warranties shall not be construed to modify or limit any rights or actions County may otherwise have against Vendor in law or in equity. j. Vendor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. k. This Agreement constitutes an agreement for performance by Vendor as an independent Contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master -servant, partnership, joint venture or any other relationship between County and Vendor except that of independent Vendor. Vendor shall have no authority to bind County. 1. Vendor represents and warrants that at all times in the performance of the Agreement, Vendor shall comply with any and all applicable laws, codes, rules and regulations. M. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. n. Vendor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. o. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. p. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. q. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. r. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Equipment described in this Agreement. The Vendor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Agreement and Vendor shall not employ any person having such known interests. S. The Vendor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with CRS. 24-76.5-103 prior to the effective date of this Agreement. 14. Prohibitions on Government Contracts. As used in this Section 14, the term undocumented individual will refer to those individuals from foreign countries not legally in the United States as set forth in C.R.S. 5-17.5-101, et. seq. If Vendor has any employees or subcontractors, Vendor shall comply with C.R.S. 5-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Vendor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Vendor will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Vendor shall not: Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Vendor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Vendor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E -Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http://www.dhs.g_ov/xprevprot/pLo&Eams/ge—I 18 5221 b78150.shtm C. Vendor shall not use either the E -verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Vendor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Vendor shall be required to: i. Notify the subcontractor and County within three (3) days that Vendor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Vendor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. C. Vendor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Vendor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Vendor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Vendor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attes7 � By-------- -- Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, B y and Through Its BOARD OF COUNTY COMMISSIONERS By: Jillian H. Ryan, Chair VENDOR: DA���/�2 By--------J�/Z—1 ------ Print Name: Comer Hobbs Title: Transportation Consultant SCOPE OF SERVICES AND EQUIPMENT, SCHEDULE, FEES Exhibit A (Page 1 of 65) ECO TRANSIT & TRAILS 970-328-3533 FAX: 970-328-3539 Chdstopher.lubbers@eagleoounty.us www.eagleoou nty.0 s EAGLE COUNTY E CO Tra n sit & Trail s Eagle County Regional Transportation Authority (ECRTA) Invitation for Bid # LFC-2017 One (1) Law Floor Light Duty Cutaway Bus February 27, 2017 ECRTA 1 February 27, 2017 Exhibit A (Page 2 of 65) This page left intentionally blank. ECHTA 2 February 27, 2017 Exhibit A (Page 3 of 65) Table of Contents 1. Bid Submission and Award Information....................................................................................7 1.1 Introduction............................................................................................................................................. 7 1.2 Schedule....................................................................................................................................................7 1.3 Deadline for Submission........................................................................................................................ 7 1.4 Obtaining Bid Documents......................................................................................................................8 1.5 Bid Format Requirements......................................................................................................................8 1.6 Inquiries and Addenda...........................................................................................................................9 1.7 Receipt of Addenda...............................................................................................................................10 2.3.5 Assumption of Risk and Loss...................................................................................................................... 1.8 Multiple Bids..........................................................................................................................................10 15 1.9 Withdrawal of Bid.................................................................................................................................10 2.3.8 Delivery Delays................................................................................................................................................ 1.10 Validity of Bids...................................................................................................................................10 16 1.11 Bid Review Procedures.....................................................................................................................10 2.3.11 LiquidatedDamages...................................................................................................................................... 1.12 Clarification........................................................................................................................................10 1.13 Receipt of Single Bid.........................................................................................................................10 1.14 Bid Acceptance...................................................................................................................................11 1.15 Award of Contract.............................................................................................................................11 1.16 Inspection of Bids and Debrief of Bidders.....................................................................................11 1.17 Protest Procedures............................................................................................................................11 1.17.1 Pre -Award Protests....................................................................................................................................... 11 1.17.2 Post -Award Protests..................................................................................................................................... 11 1.18 Pricing..................................................................................................................................................12 1.19 Tax Exemption...................................................................................................................................12 1.20 Limitations..........................................................................................................................................12 1.21 Confidentiality...................................................................................................................................12 1.22 Federal Requirements/Certif!cations to be Submitted...............................................................13 1.22.1 VehIdeAccessibility......................................................................................................................................13 1.22.2 Federal Motor Vehicle Safety Standards...............................................................................................13 1.22.3 Bus Testing....................................................................................................................................................... 13 1.22.4 Federal Lobbying Activities......................................................................................................................... 13 1.22.5 Debarment and Suspension....................................................................................................................... 13 2 Federal, State, and Local Contract Conditions..........................................................................14 2.1 Contract Type and Duration................................................................................................................14 2.2 Acceptance of Material - No Release.................................................................................................14 2.3 Delivery, Delays, and Acceptance.......................................................................................................14 2.3.1 Pre- Delivery Tests.......................................................................................................................................... 14 2.3.2 Post -Delivery Tests........................................................................................................................................ 14 2.3.3 Delivery Procedure........................................................................................................................................ 14 2.3.4 Delivery Schedule...........................................................................................................................................15 2.3.5 Assumption of Risk and Loss...................................................................................................................... 15 2.3.6 Title..................................................................................................................................................................... 15 2.3.7 Manuals and Vehicle Information............................................................................................................ 15 2.3.8 Delivery Delays................................................................................................................................................ 15 2.3.9 Notification of Delays................................................................................................................................... 16 2.3.10 Request for Extension................................................................................................................................... 16 2.3.11 LiquidatedDamages...................................................................................................................................... 16 ECRTA 3 February 27, 2017 Exhibit A (Page 4 of 65) 2.3.12 Final Acceptance............................................................................................................................................ 16 2.3.13 Non -Acceptance and Repairs..................................................................................................................... 17 2.4 Payment..................................................................................................................................................18 29 2.4.1 Payment Schedule and Invoicing.............................................................................................................. 18 2.5 Warranty and Recalls............................................................................................................................18 3.2.1 GENERAL...........................................................................................................................................................31 2.6 Service and Parts...................................................................................................................................18 3.2.2 BODY REQUIREMENTS.................................................................................................................................. 2.6.1 Spare Parts....................................................................................................................................................... 18 2.7 Termination............................................................................................................................................19 33 2.7.1 Termination for Default............................................................................................................................... 19 2.7.2 Termination for Convenience.................................................................................................................... 19 2.7.3 Contractor Action........................................................................................................................................... 19 2.8 Contractor Responsibility.....................................................................................................................20 2.9 Insurance ................................................................................................................................................20 2.10 Maintenance of Records..................................................................................................................20 2.11 Privacy.................................................................................................................................................21 2.12 Audit and Inspection of Records.....................................................................................................21 2.13 Prohibited Interest - Contractor......................................................................................................21 2.14 Prohibited Interest- ECRTA.............................................................................................................21 2.15 Interest of Members or of Delegates to Congress.......................................................................22 2.16 Governing Law...................................................................................................................................22 2.17 Pre -Award and Post Delivery Audit Requirements......................................................................22 2.18 Bus Testing..........................................................................................................................................22 2.19 Prohibition Against the Use of Federal Funds for Lobbying.......................................................22 2.20 Government Wide Debarment and Suspension...........................................................................23 2.21 Accessibility of Vehicle.....................................................................................................................23 2.22 Indemnification..................................................................................................................................23 2.22.1 Acts and Omissions........................................................................................................................................ 23 2.22.2 Personal Injury/Property Loss................................................................................................................... 24 2.23 Prompt Payment................................................................................................................................24 2.24 Disadvantaged Business Enterprises..............................................................................................24 2.25 Civil Rights— Non -Discrimination; DBE; EEO.................................................................................25 2.26 No Obligation By The Federal Government..................................................................................28 3 TECHNICAL SPECIFICATIONS........................................................................................................ 29 3.1 GENERAL SPECIFICATIONS...................................................................................................................29 3.1.1 SCOPE AND PURPOSE................................................................................................................................... 29 3.1.2 DESCRIPTION................................................................................................................................................... 29 3.1.3 OVERALL REQUIREMENTS AND DIMENSIONS......................................................................................30 3.2 BODY SPECIFICATIONS..........................................................................................................................31 3.2.1 GENERAL...........................................................................................................................................................31 3.2.2 BODY REQUIREMENTS.................................................................................................................................. 31 3.3 ENGINE/TRANSMISSION REQUIREMENTS........................................................................................33 3.3.1 DIESEL ENGINE................................................................................................................................................ 33 3.3.2 TRANSMISSION...............................................................................................................................................34 3.3.3 POWER STEERING.......................................................................................................................................... 34 3.3.4 FUEL TANK........................................................................................................................................................ 34 3.3.5 ELECTRICAL.......................................................................................................................................................34 3.3.6 EXHAUST...........................................................................................................................................................34 ECRTA 4 February 27, 2017 Exhibit A (Page 5 of 65) 3.4 SUSPENSION SYSTEM...........................................................................................................................35 3.5 CHASSIS...................................................................................................................................................35 3.6 TIRES AND WHEELS...............................................................................................................................35 3.6.1 TIRES...................................................................................................................................................................35 3.6.2 WHEELS.............................................................................................................................................................36 3.7 BRAKES....................................................................................................................................................36 3.8 ELECTRICAL SYSTEM..............................................................................................................................36 3.8.1 GENERAL...........................................................................................................................................................36 3.8.2 BATTERY............................................................................................................................................................37 3.8.3 WIRING..............................................................................................................................................................37 3.9 INTERIOR CLIMATE CONTROL..............................................................................................................39 3.9.1 HEATING/AIR CONDITIONING/DEFROSTING........................................................................................39 3.10 INTERIOR PANELS..............................................................................................................................39 3.11 SIGNAGE AND DECALS......................................................................................................................39 3.12 SEATING..............................................................................................................................................40 3.12.1 GENERAL...........................................................................................................................................................40 3.12.2 PASSENGER SEATING.................................................................................................................................... 40 3.12.3 DRIVER'S SEATING......................................................................................................................................... 41 3.13 FLOOR AND FLOOR COVERING........................................................................................................41 3.13.1 FLOOR.................................................................................................................................................................41 3.13.2 FLOOR COVERING.......................................................................................................................................... 42 3.14 DOORS.................................................................................................................................................42 3.14.1 GENERAL...........................................................................................................................................................42 3.14.2 PASSENGER ENTRANCEDOOR................................................................................................................... 42 3.14.3 REAR EMERGENCYDOOR............................................................................................................................ 43 3.15 SERVICE COMPARTMENTS ANDACCESS DOORS.........................................................................43 3.16 WINDSHIELD AND WINDOWS.........................................................................................................43 3.17 LIGHTING.............................................................................................................................................44 3.17.1 EXTERIOR LIGHTING......................................................................................................................................44 3.17.2 INTERIOR LIGHTING.......................................................................................................................................45 3.18 FINISH AND COLOR............................................................................................................................45 3.19 STANCHIONS AND GRAB RAILS.......................................................................................................46 3.20 MIRRORS.............................................................................................................................................46 3.21 WHEELCHAIR ACCESS........................................................................................................................47 3.21.1 Ramp..................................................................................................................................................................47 3.22 WHEELCHAIR SECUREMENT SYSTEM.............................................................................................47 3.23 VEHICLE SAFETY REQUIREMENTS...................................................................................................48 3.24 CAMERA SYSTEM...............................................................................................................................49 3.25 DESTINATION SIGN............................................................................................................................50 3.26 WARRANTY.........................................................................................................................................50 4 Bid Attachments............................................................................................................................ 51 4.1 Attachment 1 — Receipt of Addenda..................................................................................................51 4.2 Attachment 2 — Delivery Schedule.....................................................................................................52 4.3 Attachment 3 - Contractor Service and Parts Support Data..........................................................53 4.4 Attachment 4—ADA Certification......................................................................................................54 4.5 Attachment 5 — Federal Motor Vehicle Safety Standards (FMVSS) Certification .......................55 4.6 Attachment 6 — Government -Wide Debarment and Suspension(No nprocurement}................ 56 ECRTA 5 February 27, 2017 Exhibit A (Page 6 of 65) 4.7 Attachment 7 — Certification of Restrictions on Lobbying..............................................................58 4.8 Attachment 8 — Certification of Bus Testing Program.....................................................................59 4.9 Attachment 9 — Illegal Alien Addendum............................................................................................60 4.10 Attachment 10 — Price Sheet...........................................................................................................62 4.11 Attachment 11— Description of Type of Entity and Signature Pages.......................................63 ECRTA 6 February 27, 2017 Exhibit A (Page 7 of 65) 1. Bid Submission and Award Information 1.1 Introduction The Eagle County Regional Transportation Authority {ECRTA} is soliciting bids for the manufacture and delivery of one low floor cutaway bus in accordance with the terms and conditions set forth in I F B # LFC- 2017. The contract shall be for a term of one year after the notice of award has been issued to allow for purchase, delivery and acceptance of the vehicle. The ECRTA is requesting the following type of bus: One (1) light duty, 12 passenger low floor body on chassis (cutaway) bus. Award of a contract will be made to the manufacturer and/or dealer whose Bid is most advantageous to the ECRTA. ECRTA reserves the right to reject any or all bids or any parts thereof, when necessary forthe protection of the interest of ECRTA. Any name appearing upon the Comptroller General's list of ineligible contractors for federally -assisted contracts shall be ineligible to act as a contractor to this contract. The ECRTA will be searching the System for Award Management (www.sam.gov) to verify manufacturers and dealers are not debarred orsuspended. This equipment will be purchased with financial assistance from the Colorado department of Transportation {CBOT} FASTER grant program and any contract awarded will be subject to a financial assistance contract between the ECRTA and CBOT. 1.2 Schedule EVENT IFB Issued and Advertised Bidder Inquiry —A/E deadline ECRTA Response /Addenda Posted deadline Bid Submission deadline and Bid Opening Notification of Recommended Award 1.3 Deadline for Submission DATE Monday, February 27, 2017 5:00 PM, Friday, March 10, 2017 5:00 PM, Friday, March 17, 2017 2:00 PM, Friday, April 7, 2017 Approximately April 17, 2017 ECRTA will receive bids until 2:00 pm MDT on April 7, 2017. Any bid delivered prior to the established hour of bid opening will be kept securely sealed. Any bid delivered after the date and time specified will not be considered and will be returned to the bidder unopened. One (1) original hard copy of the bid along with one (1) electronic copy of the bid (single native PDF files only, to match hard copy submission) must be mailed or hand delivered to: ECRTA 7 February 27, 2017 Exhibit A (Page 8 of 65) Christopher Lubbers Executive Director Eagle County Regional Transportation Authority 3289 Cooley Mesa Road, PO Box 1070 Gypsum, CO 81637 Bids will be publicly opened at the ECRTA office at 3289 Cooley Mesa Road, Gypsum, CO 81637 at 2:00 pm MDT on April 7, 2017. 1.4 Obtaining Bid Documents Bid documents are available online at http://www.eaglecounty.us/Transit/ or by email at christopher.lubbers@)eaglecounty.us. 1.5 Bid Format Requirements Bidders shall provide one (1) original hard copy along with one (1) electronic copy of the bid (single native PDF files only, to match hard copy submission) on a flash drive as the complete bid package. In case of any discrepancies, the hard copy will be considered by the ECRTA in evaluating the bid, and the electronic version will need to be updated by the Bidder. The bid package shall clearly indicate the IFB title and the bidder's name. Incomplete bid packages may cause the bid to be considered non- responsive. The following information and attachments are to be provided, completed, signed and/or included in the bid package to be responsive: 1. All technical information to support bid, to include brochures for all equipment, floorplans, and warranty information. 2. Adherence to Technical Specifications (Bidder to note any deviations in each section of the specification and submit these notations with the bid.) 3. Receipt of Addenda 4. Delivery Schedule 5. Contractor Service and Parts Support Data 6. ADA Certification 7. FMVSS Certification Requirements a. Include: Support letter from manufacturer verifying compliance with applicable FMVSS standards S. Certification of Debarment and Suspension 9. Certification of Restrictions on Lobbying 10. Certification of Bus Testing Program a. Include with certification: Full Altoona Test Report for vehicle proposed 11. Illegal Alien Addendum 12. Price Sheet 13. Signature Pages 14. Letter for Insurance, indicating the bidder's ability to obtain insurance in accordance with the solicitation requirements. 15. A list of the last three (3) customer purchases for vehicle proposed to include customer contact information: contact name, agency name, agency address, contact phone number, and contact email address. ECRTA 8 February 27, 2017 Exhibit A (Page 9 of 65) All bids must state the full and correct name, address, and capacity of the bidder. If the bidder is an individual doing business under another name, the bid shall so state. Partnerships, Joint Ventures, and Corporations shall sign as is appropriate for their type of business. The persons signing the bid must initial any erasures, corrections, or other changes appearing on the bid forms. The bidder is directed to collect and submit any information it deems to be proprietary or confidential in nature in a separate marked and sealed package. The specific proprietary information, trade secrets or confidential commercial and financial information must be clearly identified as such. The Bidder is advised that the ECRTA is public agency and as such may be subject to certain State and/or local Public Records Act provisions regardingthe release of information concerning this IFB. If a request is received by the ECRTA for the release of Bidder's propriety/confidential information, the request will be referred to the Bidder for review and consideration. If the Bidder chooses to declare the information proprietary/confidential and withhold it from release, it shall defend and hold harmless the ECRTA from any legal action arising from such a declaration. 1.6 Inquiries and Addenda Should a bidder have questions, please contact in writing (email preferred) Christopher Lubbers Executive director Phone: (970) 328-3533 Eagle County RTA Fax: (970) 328-3539 PO Box PO Box 1070 e-mail: christopher.lubbers@eaglecounty.us. Gypsum, CO 81637 Unless otherwise instructed by the ECRTA Executive director, bidders and their representatives shall not make any contact with, or communicate with, any employee or consultant of the ECRTA in regard to any aspect of this solicitation or offers. Requests for approved equals, clarification of specifications or solicitation documents, and protests regarding specifications or solicitation requirements shall be addressed to the ECRTA Executive director, in writing via email only. Requests for clarifications or approved equals will be received up until 5:00 PM MST, March 10, 2017. Responses to inquiries and/or any changes in the specifications or Invitation for Bid documents will be accomplished by written addendum and will be sent to all known bidders and posted on the Eagle County / ECO Transit website. All such addenda shall become a part of the solicitation documents and subsequent contract. Responses to any inquiries will be posted by 5:00 pm MDT. March 17.2017. When an approved equal is requested or a protest of the specification is submitted, ECRTA may request the bidder to demonstrate the quality of its product, and shall furnish sufficient technical data, test results, etc., to enable the ECRTAto determine whetherthe product is or is not equal to that specified. If the ECRTA determines that the addenda may require significant changes in the preparation of bids, the deadline for submitting bids may be postponed by the number of days that the ECRTA determines will allow bidders sufficient time to revise their bids. Any new due date shall be included in the addenda. ECRTA 9 February 27, 2017 Exhibit A (Page 10 of 65) 1.7 Receipt of Addenda Bidders shall acknowledge the receipt of all addenda. A completed Receipt of Addenda form shall be submitted with the bid package. Failure to acknowledge receipt of all addenda may cause the bid to be considered non-responsive, and therefore rejected. 1.8 Multiple Bids Bidders are permitted to submit more than one bid, providing bids are for different makes and models. 1.9 Withdrawal of Bid Bids may be withdrawn by written request received by the ECRTA prior to the closing date for receipt of bids. No bid may be withdrawn for a period of thirty (30) days after the closing date for receipt of bids. 1.10 Validity of Bids Bids and subsequent offers shall be valid for a period of 90 days. 1.11 Bid Review Procedures ECRTA management and hired consultant services will evaluate the bids and Eagle County may issue a contract immediately upon award to the winning bidder as a result. Bids will be analyzed for conformance with the instructions and requirements of the IFB. Bids that do not comply with these instructions and do not include the required information may be rejected as insufficient. The ECRTA will choose the lowest responsive and responsible bid. Responsiveness is determined by meeting the base requirements of the IFB. Responsibility includes review of the insurance certification and references to ensure the ECRTA is awarding to a responsible contractor who can supply the equipment in accordance with local, state and federal conditions as stated in the IFB documents. 1.12 Clarification The ECRTA reserves the right to require additional information and clarification with regard to any bid submitted. 1.13 Receipt of Single Bid In the event a single bid is received or in the event of an unbalanced bid, the ECRTA may determine the reasonableness of the bid price through appropriate means, including, but not limited to, price or cost analysis. The sole bidder must, if price/cost analysis is conducted, cooperate with the ECRTA as ECRTA 10 February 27, 2017 Exhibit A (Page 11 of 65) necessary in order for its bid to be considered, but shall have the option, in lieu of doing so, to withdraw its bid. 1.14 Bid Acceptance Each bid is to be submitted with the understanding that the ECRTA reserves the right to accept the bid. Acceptance in writing of the offer to furnish the equipment shall bind the bidder on its part to furnish and deliver at the price given, and in accordance with the terms and conditions of the accepted bid and these instructions. 1.15 Award of Contract If a contract is awarded, it will most likely be awarded within sixty (60) days of the scheduled deadline for receipt of bids. The award will be made to the most responsive and responsible bidder meeting the specifications and requirements for deliverables of this procurement with the lowest price product in the form of a firm fixed price contract. 1.16 Inspection of Bids and Debrief of Bidders Bidders may inspect competitor's bids after the award is made. Inspections will be available during normal working hours and review will be scheduled through the ECRTA Executive director. 1.17 Protest Procedures 1.17.1 Pre -Award Protests Protests concerning the solicitation documents must be submitted in writing to the ECRTA Executive director, Christopher Lubbers, to the address noted in Section 1.6 at least ten (10) business days prior to the scheduled receipt of bids. The protest must: a) Cite the IFB name and number; b) Cite the specific section{s} of this document that is being protested; c) Include the date and a description of the violation; and d) Contain a suggested remedy; include an explanation as to why the remedy is the appropriate course of action for the ECRTA. A written decision specifying the grounds for sustaining all or part of, or denying the protest will be transmitted to the protestor prior to the bid due date in a manner than provides verification of receipt. If the protest is sustained, the bid due date may be postponed and an addendum issued to the solicitation documents or, at the sole discretion of the ECRTA, the solicitation may be canceled. If the protest is denied, bids will be received and opened on the scheduled date. 1.17.2 Post -Award Protests All bidders will be notified of the recommended award. Protests concerning the award of this bid must be submitted in writing to the ECRTA Executive director, Christopher Lubbers, to the ECRTA 11 February 27, 2017 Exhibit A (Page 12 of 65) address noted in section 1.6 within five (5) business days after notification of the award is received. The ECRTA will have five (5) business days after receipt of the formal protest package to evaluate and issue a response. The protest must: a) Cite the IFB name and number; b) Cite the specific reason (in detail) for protest; c) Include facts supporting the protest to include any dates or descriptions of the violation; and d) Contain a suggested remedy and include an explanation as to why the remedy is the appropriate course of action for ECRTA. Prior to the issuing of formal Notice of Award and Contract, a written decision stating the grounds for allowing or denying the protest will be transmitted to the protestor and the bidder recommended for award in a mannerthat provides verification of receipt. 1.18 Pricing The bid price shall include all items of labor, materials, and equipment necessary to fully complete the manufacture and delivery of the vehicle bid. It is the intention of this specification to provide complete equipment of the type prescribed, ready for operation by the ECRTA. Any items omitted from the specifications which are clearly necessary for the operation of such equipment shall be considered a portion of such equipment, although not directly specified or called for in this specification. All parts shall be new and in good working order. In no case will used, reconditioned, or obsolete parts be accepted. 1.19 Tax Exemption The ECRTA is exempt from payment of federal, state, and local taxes, and such taxes must not be included in the bid price. The ECRTA will furnish the successful bidder the necessary tax exemption certificates upon request. 1.20 Limitations This IFB does not commit the ECRTA to award a contract, to pay any costs incurred in the preparation of a bid, or to procure or contract for services. The ECRTA reserves the right to accept or reject any or all bids received as a result of this request or to cancel in part or in its entirety this IFB if it is in the best interest of the ECRTA. 1.21 Confidentiality The bidder agrees that any and all information, in oral or written form, whether obtained from ECRTA, its agents or assigns, or other sources, or generated by bidder pursuant to this contract, shall not be used for any purpose other than fulfilling the requirements of this contract. Bidder further agrees to keep in absolute confidence all data relative to the business of the ECRTA, their agents or assigns. ECRTA 12 February 27, 2017 Exhibit A (Page 13 of 65) No news release pertaining to this IFB or the services to which it relates may be made without the written consent of the ECRTA. 1.22 Federal Requirements/Certifications to be Submitted 1.22.1 Vehicle Accessibility Bidders shall certify that the vehicle bid meets the vehicle accessibility requirements of the Americans with disabilities Act (ADA). The completed certification of compliance with 49 CFR Part 38 (ADA Accessibility Specifications for Transportation Vehicles) shall be submitted with the bid package. 1.22.2 Federal Motor Vehicle Safety Standards Bidders shall certify that the vehicle bid meets all U.S. Federal Motor Vehicle Safety Standards (FMVSS). The completed certification of compliance shall be submitted with the bid package along with support documentation from the manufacturer identifying the applicable FMVSS sta nda rds. 1.22.3 Bus Testing Bidders shall certify that the model of the bus bid has been tested, and received a passing test rating, in compliance with FTA Bus Testing requirements. The completed certification of compliance with 49 CFR Part 665 (Bus Testing) shall be submitted with the bid package along with the full Altoona test report. 1.22.4 Federal Lobbying Activities Bidders shall certify that they have not used federal appropriated funds to influence an office or employee of any agency or member of Congress in connection with the award of this contract unless such lobbying activities have been properly reported. The completed certification of compliance with 49 CFR Part 20 (New Restrictions on Lobbying) shall be submitted with the bid package. 1.22.5 Debarment and Suspension Bidders shall certify that they are eligible to participate in covered transactions and are not presently debarred or suspended from qualifying for or participating in Federally funded contracts. ECRTA 13 February 27, 2017 Exhibit A (Page 14 of 65) 2 Federal, State, and Local Contract Conditions 2.1 Contract Type and Duration This procurement will result in a firm fixed price contract awarded to the lowest most responsive and responsible bidder. This solicitation is for 2017 and newer model years. The term of contract will be from approximately May 1, 2017 (based on protest period) to at maximum April 30, 2018. 2.2 Acceptance of Material - No Release Unless the ECRTA otherwise agrees in writing, acceptance of any portion of the material prior to final acceptance shall not release the Contractor from liability for faulty workmanship or materials, or for failure to fully comply with all of the terms of this contract. The ECRTA reserves the right, and shall be at liberty to inspect all material and workmanship at any time during the manufacturing process, and shall have the right to reject all materials and workmanship which do not conform with the instructions, contract requirements, and specifications. The ECRTA is under no duty to complete inspections of the manufacturer's work. No inspection by the ECRTA shall relieve the Contractor from any obligation to furnish materials and workmanship in accordance with the instructions, contract requirements, and specifications. 2.3 Delivery, Delays, and Acceptance 2.3.1 Pre -Delivery Tests Pre -delivery tests and inspections shall be performed at or near the Contractor's plant in accordance with procedures outlined in the instructions, contract requirements, and specifications and may be witnessed by a representative of the ECRTA. 2.3.2 Past -Delivery Tests The ECRTA will conduct acceptance tests on the delivered vehicle. These tests shall be completed within ten (10) business days after vehicle delivery and shall be conducted in accordance with a Vehicle Inspection Sheet provided bythe State {CBOT} that is derived from the Technical Specifications section of this procurement. The Contractor will be notified by the 1& day if the vehicle has been accepted or needs additional work. The purpose of these tests are to identify defects that have become apparent between the time of vehicle release and delivery to the purchaser. The post -delivery tests shall include visual inspection and road operation. Vehicles that fail to pass the post -delivery tests are subject to non-acceptance. The ECRTA shall record details of all defects on the appropriate test forms and notify Contractor of acceptance, conditional acceptance, or non-acceptance of the vehicle. The defects detected during these tests shall be repaired according to the procedures defined in Section 2.3.13. 2.3.3 Delivery Procedure Delivery shall be coordinated through the ECRTA Executive director. The point of delivery shall be: ECRTA 14 February 27, 2017 Exhibit A (Page 15 of 65) Eagle County RTA 3289 Cooley Mesa Road Gypsum, CO 81637 Delivery of the vehicle shall be FOB Gypsum. 2.3.4 Delivery Schedule Date and time of delivery shall be coordinated through the ECRTA Executive Director. 2.3.5 Assumption of Risk and Lass The vehicle shall be delivered to the ECRTA in first class condition. Contractor shall assume all responsibility and liability to said delivery, including any damages sustained during the delivery operation. 2.3.6 Title Adequate documents securing the vehicle shall be provided to the ECRTA within ten (10) business days after the vehicle is delivered. Following acceptance of the vehicle, the Contractor warrants that the title shall pass to the ECRTA free and clear of all liens, mortgages, encumbrances, financing arrangement, security agreements, claims, and demands of any character. Required title documents include: 1. Colorado Application for Title Form 2. Colorado Verification of VIN Form (as applicable) 3. Manufacturer Statement of Origin {MSO} 4. Bill of Sale 5. Certified Odometer Statement {may be on the MSO} 6. Certified DOT Inspection Verification {proof of completion; DOT sticker} 7. 60 Day Temporary Tags 2.3.7 Manuals and Vehicle Information The following manuaIstinformation shall be provided on or before vehicle delivery to the ECRTA: 1. Vehicle Operations Manual 2. Vehicle Maintenance Manual (Include Wiring Diagrams) 3. As Built Parts Manual 4. Weight document/slip certifying the vehicle net curb weight (completed in CO) 5. Alignment Verification (completed in CO) 6. All Warranty Papers (forms and procedures) 2.3.8 Delivery Delays The ECRTA reserves the right to extend delivery, in case the completion and delivery under this contract shall be necessarily delayed because of strike, injunction, civil disturbance, government ECRTA 15 February 27, 2017 Exhibit A (Page 16 of 65) controls, or by any cause or circumstance beyond the control of the Contractor, as detailed in writing bythe Contractor. The time of completion and delivery shall be extended by a number of days to be determined in each instance by the ECRTA Executive director. A delay is unavoidable only if the delay was not reasonably expected to occur in connection with, or during, the Contractor's performance, and was not caused directly or substantially by acts, omissions, negligence, or mistakes of the Contractor, the Contractor's suppliers, or their agents, and was substantial, and in fact caused the Contractor to miss delivery dates, and could not adequately have been guarded against by contractual or legal means. 2.3.9 Notification of Delays The Contractor shall notify the ECRTA Executive director as soon as the Contractor has, or should have, knowledge that an event has occurred which will delay delivery. Within five (5) calendar days, the Contractor shall confirm such notice in writing, furnishing as much detail as is available. 2.3.10 Request for Extension The Contractor agrees to supply, as soon as such data is available, any reasonable proof required by the ECRTA Executive director to make a decision on any request for extension. The ECRTA Executive director shall examine the request, and any documents supplied by the Contractor, and shall determine if the Contractor is entitled to an extension, and the duration of such extension. The ECRTA Executive director shall notify the Contractor of his decision in writing. It is expressly understood and agreed that the Contractor shall not be entitled to damages or compensation, and shall not be reimbursed for losses on account of delays resulting from any clause underthis provision. 2.3.11 Liquidated Damages In the event of delay beyond the delivery date specified in the contract, or as extended by the ECRTA Executive director, the ECRTA may assess as liquidated damages $100 per vehicle per calendar day, no limit. These damages will be deducted from any monies due to the Contractor under this contract. 2.3.12 Final Acceptance Within ten business days after delivery, the vehicle shall undergo tests defined in Section 2.3.2. If the vehicle passes these tests, or if the ECRTA does not notify the Contractor of non-acceptance within ten business days after delivery, acceptance of the vehicle by the ECRTA occurs on the eleventh business day after delivery. Acceptance may occur earlier if the ECRTA notifies the Contractor of early acceptance or places the vehicle in revenue service. If the vehicle fails tests defined in Section 2.3.2, it shall not be accepted until the repair procedures defined in "Repairs after Non -Acceptance" have been carried out and the vehicle passes further inspections. ECRTA 16 February 27, 2017 Exhibit A (Page 17 of 65) 2.3.13 Nan -Acceptance and Repairs In the event that the delivered vehicle is deemed non -acceptable by the ECRTA, the Executive Director will provide written documentation to the Contractor. The Contractor shall be responsible to correct any deficiencies. 2.3.13.1 Repairs After Non -Acceptance: The Contractor or its designated representative shall perform the repairs after non-acceptance. If the Contractor fails or refuses to make the repairs within ten business days, then the work may be done by the ECRTA's personnel or qualified personnel selected by the ECRTA with reimbursement bythe Contractor. 2.3.13.2 Repairs by Contractor: After non-acceptance of the vehicle, the Contractor must begin work within five business days after receiving notification from the ECRTA of failure of acceptance tests. The ECRTA shall make the vehicle available to complete repairs timely with the Contractor repairschedule. 2.3.13.3 The Contractor shall provide, at its own expense, all spare parts, tools, and space required to complete the repairs. At the ECRTA's option, the Contractor may be required to remove the vehicle from the ECRTA's property while repairs are being affected. If the vehicle is removed from the ECRTA's property, the Contractor representative must diligently pursue repair procedures, and the Contractor shall assume risk of loss while the vehicle is under its control. 2.3.13.4 Repairs by the ECRTA: If the ECRTA performs the repairs after non-acceptance of the vehicle it shall correct or repair the defect and any related defects using Contractor specified parts available from its own stock or those supplied by the Contractor specifically for this repair. 2.3.13.5 Contractor Supplied Parts: If the Contractor supplies parts for repairs being performed bythe ECRTA after non-acceptance of the vehicle, these parts shall be shipped prepaid to the ECRTA from any source selected bythe Contractor within five business days after receipt of the request for said parts. 2.3.13.6 Return of Defective Components: The Contractor may request that parts covered by this provision be returned to the manufacturing plant. The Contractor shall pay the total costs forthis action. 2.3.13.7 Reimbursement for Labor: The ECRTA shall be reimbursed by the Contractor for labor. The labor costs shall be determined by multiplying the number of man- hours actually required to correct the defect by the ECRTA's current per hour, master mechanic, straight wage rate, plus 32 percent fringe benefits, plus the cost of towing the vehicle, if such action was necessary. These wage and fringe benefits shall not exceed the rates in effect in the Contractor's service garage at the time the defect correction is made. The ECRTA shall not accept parts credit as payment of warranty labor claims. ECRTA 17 February 27, 2017 Exhibit A (Page 18 of 65) 2.3.13.8 Reimbursement for Parts: The Contractor shall reimburse the ECRTA for defective parts that must be replaced to correct the defect. The reimbursement shall include taxes where applicable and fifteen percent handling costs. 2.4 Payment 2.4.1 Payment Schedule and Invoicing The ECRTA shall make payment in full within thirty (3 0) days after acceptance of the vehicle. The Contractor invoice for the vehicle shall be submitted to the ECRTA at the following address prior to, or on the, date of delivery: Eagle County RTA Christopher Lubbers, Executive director P. O. Box 1070, 3289 Cooley Mesa Road Gypsum, CO 81637 Invoice shall contain the following information: • Year, Make, Model of Vehicle Invoiced • VIN of Vehicle Invoiced • Vehicle description to include: engine type, number of ambulatory seats total, number of wheelchair locations, fuel type and GVWR • Unit and Total Price by Line Item 2.5 Warranty and Recalls The Contractor agrees that the vehicle furnished under this contract shall be covered by the most favorable warranties the Contractor gives to any customer for such equipment, and that the rights and remedies provided herein are in addition to and do not limit any right afforded to the ECRTA by any other clause of this contract. The Contractor must immediately notify the ECRTA Executive director of any recalls pertaining to vehicle types under this contract. 2.6 Service and Parts 2.6.1 Spare Parts The Contractor shall guarantee the availability of replacement parts for at least a 5 -year period after the date of acceptance. Spare parts shall be interchangeable with the original equipment and shall be manufactured in accordance with the quality assurance provisions of this contract. ECRTA 18 February 27, 2017 Exhibit A (Page 19 of 65) 2.7 Termination 2.7.1 Termination for Default The ECRTA Executive director, by written notice, may terminate this contract, in whole or in part, for failure of the Contractor to perform any of the provisions thereof. In such event, the Contractor shall be liable for damages, including incremental costs of purchasing similar supplies or services, unless: - It is determined for any reason that the Contractor was not at fault. - Failure to perform was not due to its own or its subcontractor's control, fault or negligence. If production schedules are not met by the Contractor, the ECRTA may terminate the contract for breach. 2.7.2 Termination for Convenience The ECRTA Executive director, by written notice, may also terminate this contract, in whole or in part, if it is determined to be in the best interest of the ECRTA. If this contract is so terminated, the Contractor shall be compensated in accordance with its auditable cost to point of notification of termination and any costs incurred, pursuant to compliance with paragraph 2.7.3. 2.7.3 Contractor Action After receipt of a notice of termination, except otherwise directed by the ECRTA Executive director, the Contractor shall: o Stop work under the contract on the date and to the extent specified in the notice of termination; o Place no further orders or subcontracts for materials, services, or facilities; o Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; o Assign to the ECRTA, in the manner, at the times, and to the extent directed by the ECRTA Executive director, all of the rights, titles, and interests of the Contractor under the orders and subcontracts so terminated, in which the ECRTA shall have the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; o Settle all outstanding liabilities and all claims arising out of such termination, with the approval or ratification of the ECRTA Executive director, to the extent s/he may require, which approval or ratification shall be final for all purposes of the clause; ECRTA 19 February 27, 2017 Exhibit A (Page 20 of 65) o Transfer title to the ECRTA and deliver, in the manner, at the times, and to the extent, if any, fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the workterminated. 2.8 Contractor Responsibility No advantage shall be taken by the Contractor, or its subcontractors, of the Omission of any part or detail required to make the equipment complete and Operable for use by the ECRTA. In case of any variance, this specification shall take precedence Over the Contractor's or subcontractor's Own specifications. The Contractor shall assume responsibility for all materials and services used, whether the same is manufactured by the Contractor or purchased ready made from a source outside the Contractor's company. In case of the replacement of a subcontractor, the Contractor shall, within five (5) days, notify the ECRTA in writing of the replacement and provide name, address, telephone number, and the type of service to be provided. 2.9 Insurance Contractor agrees to provide and maintain at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: 1. Workers' Compensation insurance as required bylaw. 2. Auto coverage with limits of liability not less than $1,000,000 each accident, combined bodily injury and property damage liability insurance, including coverage for Owned, hired, and non - Owned vehicles. 3. Commercial General Liability coverage to include premises and Operations, personaI/advertising injury, products/completed Operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $1,000,000 aggregate limits. Eagle County is to be included as an Additional Insured in respect to General Liability. Contractor shall deliver to the ECRTA evidence of the above at the time of bid submission. Prior to the expiration of any insurance during the time required, the Supplier shall furnish evidence of renewal to the ECRTA. 2.10 Maintenance of Records The Contractor shall at all times maintain reasonable records relating to the performance of this contract. Such records shall be in conformity with the generally accepted accounting principles and subject to Title 41 of the Code of Federal Regulations. Records shall be available to ECRTA representatives upon request. ECRTA 20 February 27, 2017 Exhibit A (Page 21 of 65) 2.11 Privacy The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by the FTA. 2.12 Audit and Inspection of Records In accordance with 49 CFR 18.36(i), the Contractor shall provide authorized representatives of the ECRTA, the FTA, and the Comptroller General of the United States or their authorized representatives, access to any books, documents, papers, and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Contractor 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 contractor 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 1839{i}(11), 2.13 Proh ibited I nte rest - Contractor The Contractor guarantees that it presently has no interests and shall not acquire any interests, directly or indirectly, which would conflict in any manner or degree with the performance of services under this contract. The Contractor further guarantees that in the performance of this contract, it shall not employ any person with such interests. 2.14 Prohibited Interest - ECRTA No employee, officer, or agent of the ECRTA shall participate in selection, in the award, or administration of a contract if a conflict of interest, real or apparent, would be involved. Such conflict would arise when the employee, officer, or agent, any member of his immediate family, or his or her partner, has a financial or other interest in the firm selected for award. The grantee's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties of sub -agreements. ECRTA 21 February 27, 2017 Exhibit A (Page 22 of 65) 2.15 Interest of Members or of Delegates to Congress No member of, or delegate to, the Congress of the United States shall be admitted to any share or part of the contract, orto any benefit arising thereof. This shall not be construed to prevent any such person owning stock in a publicly -held corporation. 2.16 Governing Law The contract shall be interpreted under and governed by the laws of the State of Colorado. 2.17 Pre -Award and Post Delivery Audit Requirements Contractor shall comply with 49 USC 5323{i) and FTA's implementing regulation 49 CFR 663 and submit the following certifications. A. Solicitation Specification Requirements. Contractor shall submit evidence that it will be capable of meeting the required specifications. B. Federal Motor Vehicle Safety Standards (FMVSS): Contract 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 vehicles are not subject to FMVSS regulations. This documentation will be submitted at the time of bid as well as after delivery. Pre -award documents define the vehicle as proposed. Post -delivery certifications define the vehicle as built; with the understanding item B could be the same in both instances. 2.18 Bus Testing The Contractor agrees to comply with 49 USC A5323(c) and FTA implementing regulations, "Bus Testing", 49 CFR Part 665, to the extent they are consistent with 49 USC 5318(e), A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the ECRTA prior to final acceptance. If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the ECRTA prior to final acceptance. If configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing. A full Altoona test report is being requested to he submitted at the time of solicitation for review. 2.19 Prohibition Against the Use of Federal Funds for Lobbying 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.]. Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not, and has not, used Federal appropriated funds to pay any person or organization for influencing, or attempting to influence, an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a ECRTA 22 February 27, 2017 Exhibit A (Page 23 of 65) 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 tierto tier up to the ECRTA. 2.20 Government Wide Debarment and Suspension The ECRTA agrees to the following: (1) It will comply with the requirements of 2 C.F.R. part 180, subpart C, as adopted and supplemented by U.S. DOT regulations at 2 C.F.R. part 1200, which include the following: (a) It will not enter into any arrangement to participate in the development or implementation of the Project with any Third Party Participant that is debarred or suspended except as authorized by: 1 U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. part 1200, 2 U.S. OMB, "Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180, including any amendments thereto, and 3 Executive Orders Nos. 12549 and 12689, "Debarment and Suspension," 31 U.S.C. § 6101 note, {b} It will review the U.S. GSA "System for Award Management," https:Hwww.sam.gov, if required by U.S. DOT regulations, 2 C.F.R. part 1200, and {c} It will include, and require each of its Third Party Participants to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant: 1) Will comply with Federal debarment and suspension requirements, and 2) Reviews the "System for Award Management" at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 C.F.R. part 1200, and If the ECRTA suspends, debars, or takes any similar action against a Third Party Participant or individual, the ECRTA will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the ECRTA is located or implements the Project, {b} the FTA Project Manager if the Project is administered by an FTA Headquarters Office, or {c} FTA Chief Counsel. 2.21 Accessibility of Vehicle The Contractor agrees that any vehicle delivered to the ECRTA under this procurement shall comply with the requirements of 49 CFR Part 39, "Americans with Disabilities Act (ADA) Accessibility Specifications forTransportation Vehicles." 2.22 Indemnification 2.22.1 Acts and Omissions The Contractor shall defend and indemnify the ECRTA, its agents, officers, and employees against any and all suits brought against the ECRTA by any employee or interested person for damage to property and/or injury to persons alleged or claimed to have been caused by the acts or omissions of the Contractor, including acts or omissions of its employees, servants and agents, arising out of the work performed by the Contractor, excluding liability for damage or injury resulting from sole negligence the ECRTA, its agents, officers, or employees. ECRTA 23 February 27, 2017 Exhibit A (Page 24 of 65) 2.22.2 Personal Injury/Property Loss The Contractor shall pay, liquidate and discharge any and all claims (including punitive awards) or demands for bodily injury (including death), and/or loss of or damage to any and all property (including loss of use) caused by, growing out of, or incidental to the performance of the work performed by the Contractor, including damage to the building and other property of the ECRTA, and all costs and expenses of suits and reasonable attorney's fees. 2.23 Prompt Payment The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the ECRTA. The prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the ECRTA. This clause applies to both DBE and non -DBE subcontracts. 2.24 Disadvantaged Business Enterprises a. 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%. b. The Contractor shall not discriminate on the basis of race, color, religion, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract. Failure by the Contractor 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 Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)j, c. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor's receipt of payment for that work from the recipient. In addition, the Contractor may not hold retainage from its subcontractors or must return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed or must return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the recipient and Contractor's receipt of the partial retainage payment related to the subcontractor's work. d.The Contractor must promptly notify the recipient whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the recipient. ECRTA 24 February 27, 2017 Exhibit A (Page 25 of 65) 2.25 Civil Rights — Non -Discrimination; DBE; EEO a. Nondiscrimination in Federal Public Transportation Programs. The Recipient agrees to, and assures that each Third Party Participant will, comply with Federal transit law, 49 U.S.C. § 5332 (FTA's "Nondiscrimination" statute): (1) FTA's "Nondiscrimination" statute prohibits discrimination on the basis of: (a) Race, {b} Color, {c} Religion, {d} National origin, (e) Sex, {f} disability, or (g) Age, and (2) The FTA "Nondiscrimination" statute's prohibition against discrimination includes: (a) Exclusion from participation, {b} denial of program benefits, or {c} discrimination, including discrimination in employment or business opportunity, (3) Except as FTA determines otherwise in writing: (a) General. Follow: 1 The most recent edition of FTA Circular 4702.1, "Title VI Requirements and Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable Federal laws, regulations, and guidance, and b. Nondiscrimination — Title VI of the Civil Rights Act. The Recipient agrees to, and assures that each Third Party Participant will: (1) Prohibit discrimination based on: (a) Race, {b} Color, or {c} National origin, (2) Comply with: (a) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d et seq., {b} U.S. DOT regulations, "Nondiscrimination in Federally -Assisted Programs of the department of Transportation — Effectuation of Title VI of the Civil Rights Act of 1964," 49 C.F.R. part 21, and {c} Federal transit law, specifically 49 U.S.C. § 5332, as stated in the preceding section a, and (3) Except as FTA determines otherwise in writing, follow: (a) The most recent edition of FTA Circular 4702. 1, "Title VI and Title VI -dependent Guidelines for Federal Transit Administration Recipients," to the extent consistent with applicable Federal laws, regulations, and guidance. (b)U.S. DOJ, "Guidelines for the enforcement of Title VI, Civil Rights Act of 1964," 28 C.F.R. § 50.3, and {c} Other applicable Federal guidance that may be issued, c. Equal Employment Opportunity. (1) Federal Requirements and Guidance. The Recipient agrees to, and assures that each Third Party Participant will, prohibit discrimination on the basis of race, color, religion, sex, or national origin, and: (a) Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., {b} Facilitate compliance with Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246, Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note, {c} Comply with Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, and {d} Comply with other applicable EEO laws and regulations, as provided in Federal guidance, including laws and regulations prohibiting discrimination on the basis of disability, except as the Federal Government determines otherwise in writing, (2) General. The Recipient agrees to: (a) Ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1 Race, 2 Color, 3 Religion, 4 Sex, 5 disability, 6 Age, or 7 National origin, {b} Take affirmative action that includes, but is not limited to: 1 Recruitment advertising, 2 Recruitment, 3 Employment, 4 Rates of pay, 5 Other forms of compensation, 6 Selection for training, including apprenticeship, 7 Upgrading, 8 Transfers, 9 demotions, 10 Layoffs, and 11 Terminations, but {b} Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of "Employer". d. disadvantaged Business Enterprise. To the extent authorized by applicable Federal law, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as "disadvantaged Business Enterprises" (DBEs), in the Project as follows: 1) Requirements. ECRTA 25 February 27, 2017 Exhibit A (Page 26 of 65) The Recipient agrees to comply with: (2) Section 1101{b} of MAP -21, 23 U.S.C. § 101 note, {b} U.S. DOT regulations, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs," 49 C.F.R. part 26, and {c} Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, (2) Assurance. As required by 49 C.F.R. § 26.13(a), {b} DBE Program Requirements. Recipients receiving planning, capital and/or operating assistance that will award prime third party contracts exceeding $250,000 in a Federal fiscal year must: 1 Have a DBE program meeting the requirements of 49 C.F.R. part 26, 2 Implement a DBE program approved by FTA, and 3 Establish an annual DBE participation goal, {c} Special Requirements for a Transit Vehicle Manufacturer. The Recipient understands and agrees that each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA -assisted transit vehicle procurements, must certify that it has complied with the requirements of 49 C.F.R. part 26, (d) the Recipient provides assurance that: The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. part 26. The Recipient shall take all necessary and reasonable steps under 49 C.F.R. part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The Recipient's DBE program, as required by 49 C.F.R. part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. § 3801 et seq., e. Nondiscrimination on the Basis of Sex. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of sex, including: (1) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq., (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance," 49 C.F.R. part 25, and (3) Federal transit law, specifically 49 U.S.C. § 5332, as stated in section a, f. Nondiscrimination on the Basis of Age. The Recipient agrees to comply with Federal prohibitions against discrimination on the basis of age, including: (1) The Age Discrimination in Employment Act (AREA), 29 U.S.C. §§ 621 — 634, which prohibits discrimination on the basis of age, (2) U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. part 1625, which implements the AREA, (3) The Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., which prohibits discrimination against individuals on the basis of age in the administration of programs or activities receiving Federal funds, (4) U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, which implements the Age Discrimination Act of 1975, and (5) Federal transit law, specifically49 U.S.C. § 5332, as stated in section a, g. Nondiscrimination on the Basis of Disability. The Recipient agrees to comply with the following Federal prohibitions pertaining to discrimination against seniors or individuals with disabilities: (1) Federal laws, including: (a) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in the administration of federally funded ECRTA 26 February 27, 2017 Exhibit A (Page 27 of 65) programs or activities, {b} The Americans with disabilities Act of 1990 (ADA), as amended, 42 U.S.C. § 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities, 1 General. Titles I, II, and III of the ADA apply to FTA Recipients, but 2 Indian Tribes. While Titles II and III of the ADA apply to Indian Tribes, Title I of the ADA exempts Indian Tribes from the definition of "employer," {c} The Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities, {d} Federal transit law, specifically 49 U.S.C. § 5332, which now includes disability as a prohibited basis for discrimination, and {e} Other applicable laws and amendments pertaining to access for elderly individuals or individuals with disabilities, (2) Federal regulations, including: (a) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 C.F.R. part 37, {b} U.S. DOT regulations, "Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 C.F.R. part 27, {c} U.S. DOT regulations, "Transportation for Individuals with Disabilities: Passenger Vessels," 49 C.F.R. part 39, (d) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) and U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 C.F.R. part 1192 and 49 C.F.R. part 38, (e) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 C.F.R. part 35, (f) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 C.F.R. part 36, (g) U.S. EEOC, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. part 1630, {h} U.S. Federal Communications Commission regulations, "Telecommunications Relay Services and Related Customer Premises Equipment for Persons with Disabilities," 47 C.F.R. part 64, Subpart F, (i) U.S. ATBCB regulations, "Electronic and Information Technology Accessibility Standards," 36 C.F.R. part 1194, and (j) FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. part 609, and (3) Other applicable Federal civil rights and nondiscrimination guidance, h. Drug or Alcohol Abuse - Confidentiality and Other Civil Rights Protections. The Recipient agrees to comply with the confidentiality and civil rights protections of: (1) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. § 1101 et seq., (2) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. § 4541 et seq., and {3) The Public Health Service Act, as amended, 42 U.S.C. §§ 290dd — 290dd-2, i. Access to Services for People with Limited English Proficiency. Except as the Federal Government determines otherwise in writing, the Recipient agrees to promote accessibility of public transportation services to people whose understanding of English is limited by following: 1) Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," August 11, 2000, 42 U.S.C. § 2000d-1 note, and (2) U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients' Responsibilities to Limited English Proficiency {LEP} Persons," 70 Fed. Reg. 74087, December 14, 2005, j. Other Nondiscrimination Laws. Except as the Federal Government determines otherwise in writing, the Recipient agrees to: (1) Comply with other applicable Federal nondiscrimination laws and regulations, and (2) Follow Federal guidance prohibiting discrimination. k. Remedies. Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations. ECRTA 27 February 27, 2017 Exhibit A (Page 28 of 65) 2.26 No Obligation By The Federal Government ECRTA and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to ECRTA, the Contractor, or any other party {whether or not a party to that contract} pertaining to any matter resulting from the underlying contract. Contractor 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 identifythe subcontractor who will be subject to its provisions. ECRTA 28 February 27, 2017 Exhibit A (Page 29 of 65) Eagle County Regional Transportation Authority Invitation For Bids # LFC-2017 ADDENDUM NO. 1 DATE: March 17, 2017 ORIGINAL IFB PROJECT NO: LFC-2417 PROJECT TITLE: One (1) Low Floor Light Duty Cutaway Bus This Addendum is a formal addition to the Eagle County Regional Transportation Authority (ECRTA) Invitation for Bid (IFB), Project No. LFC-2417, dated February 27, 2017. I. Inquiries from Vendors/Manufacturers and ECRTA Responses Thirty (30) inquiries or approved equals requests regarding the specification details or solicitation/contract requirements were received by 5:00 p.m. MST on March 10, 2017 for the Low Floor Light Duty Cutaway IFB, Project No. LFC-2017. The list of inquiries or approved equals, along with ECRTA responses, are provided on pages 1-3 of this addendum. ECRTA !FB LFC-2017 March 17, 2017 13 14 is 16 17 18 19 20 21 22 25 27 Exhibit A (Page 30 of 65) ECRTA Invitation for Bid LFC-2017 Approved Equals & Clarifications Responses - March 17. 2017 C{RTA Ir81FC•2017 Requesting approval cf our standard driver's eonso e. An ergonomically designed custom ABS driver 3.8 Electrical System console with cup holder is mounted within reach of the driver This design allows ease of across for Approved the driver Into the passenger area of the veh cle Add on accessory switches are Installed in a switch plate mounted nto this console The switches are backlit and clearly marked with permanent labels. 3.82 ElectricalSystem - The First battery is 770 CCA and the second one is only 600. We request an exception for this Item. Approved Battery 3.82 Electrital System - The slides are not stainless, only the tray. We request an excepilon for this Item. Approved. Battery 3.82 Electrical System - The battery box door does not swing up. We request an exception for this tem Approved Battery 3.101aterlar panels Requesting approval of our interior panels: Interior panels are vacuum laminated vinyl clad Azdel Approved- composlte panels, trimmed with ABS or viny . 3.101mericr Panels Requesting approval of GM OEM Into dor driver's area Approved. 3.101merlor Panels Requesting approval of our interior front bulkhead: Bulkhead Is wrapped in :fight gray vinyl with a Approved- 3/16"foam backer 3.101nterlor Panels The driver area Interior panels are ABS plastic not padded v nyl. We request an exception for this item. Approved. 3.12.2 Seating - Passenger Request under seat retractors be added to the spec fications for passenger safety Not approved. Seating 3.12 3 Seating- Driver's The Recaro L XS drivers seat Is not ova lable on the Ford F series chassis, an aftermarket power seat Not approved Seating base is available. Requesting approval of our standard floor construction: The entire frame cons its of multiple rales running parallel to each other with cress members forming a ladder style frame The mainframe rails are formed in the shape of a C -channel. Each ra I Is constructed of 50.000 psi rn nimum yield high strength low alloy steel A frame notch for the ramp installatlon Is made on the curb side of the main rail, eliminating the upper flange in this area. The notch Is reinforced with a formed -2- shaped frame constructed of 50,000 psi minimum yield high strength low alloy steel Mid-section frame rads area 3.13 Floor and Floor transition frame Fall constructed of 1004000 psi minimum yleld high strength low alloy steel- Rear frame rails are formed in the shape of a C -channel. Each rail is constructed of 50.000 psi minimum Approved Covering yield high strength low alloy steel. A minimum of two 12) structural x" th ck grade 50 cross members are Installed In the main chassis. All other cross member and out rlggers are formed out of 7 ga- grade So. All cross members and outriggers are spaced approximately 24" on center. Each frame joint has a reinforcement plate overlapping the splice. The material was prepped in a wash process with ca:cium phosphate during asurfaee clamningleohnique applied prlorto the powder coat flnlsh before installation, All components and rnodifintioris to the frame and cab upfit meet and/or exceed General Motors Upfitter Integration Guidelines. Requesting approval of our standard floor decking: The chass Is structure is covered with 518" manna tech 7 -ply plywood. It is attached with a polyurethane adhesive sealant and mechan Ica ly fastened Into the crass members. The Roo? structure Is sealed to keep outside elements from entering the vehide with an expandable, polyurethane spray loam. Every vehicle is undercoaled standard with 3.13 Floor and Floor (17960. This sprayed undercoating is a Iough, pliable, comusfon protectant mal eriatwith sound- Approved Covering deadening properties In accordance with chassis manufacturers guidelines fr7960 is composed of an abrasive free material, formulated with emulsified petroleum, additives and Inert fillers PureAsphalt Campo" warrants that that supplied undereaating has been produced In accordance wlth all applicable specifications and Is proper IVapphad byGlava I Bus and wlll protect the compo rients from rust and abrasion damage for a period of three 13) years from the original sales date. Requesting approval of out stanclard floor covering. $tarttlard flooring is Gerflor. Sirius Dune, smooth 3.13 Floor and Floor under the seats and smooth throughout the alsleand entry steps. Floors have full-length cove Approved Covering molding, for leaning ease, extending up to the seat track and trimmed w th an alum. num trim - 3.13.1 Floor and Floor Request 14 gauge galvanlred steel wheelhouse assemblles be acceptable Approved Covering -floor 3.13.1 Floor and Floor Dur wheel housings are 16 gauge and are not covered with a plastic melded cover. We spray them with Approved Covering -Floor poly -urea. We request an exception for this item. C{RTA Ir81FC•2017 Exhibit A (Page 31 of 65) 3 TECHNICAL. SPECIFICATIONS 3.1. GENERAL_ SPECIFICATIONS 3.1.1 SCOPE AND PURPOSE These technical specifications are intended to provide a general description to purchase a small light-duty, low floor, ramp equipped, cutaway bus for use by ECRTA. The bus will be used in the agency's scheduled service and to transport ambulatory, elderly, disabled and wheelchair bound riders in the agency's service area. Vehicle shall be of the "body on chassis" type and will involve construction of a body on a light- duty cut -away van or truck chassis. The vehicle body shall he from a body manufacturer for transit application, not "converted" or "modified" to a transit vehicle from a sports van, passenger van or wagon, delivery vehicle, school bus, recreational vehicle, or similar vehicle. Body construction shall he conventional type, panels on structural metal frames, as described later in this document. Wherever brand, manufacturer, or product names are used, they are included only for the purpose of establishing a description of minimum quality of the item. When brand names are used, the term "or approved equal" should follow and is incorporated herein. The price quoted in any bid submitted shall include all items of labor, material, tools, equipment, and other costs necessary to fully complete the manufacture and delivery of the vehicles pursuant to these specifications. It is the intent of these specifications to provide and require a complete vehicle of the type prescribed ready for operation. The bidder shall assume sole responsibility for the entire vehicle as to warranty and after-sales parts and service. 3.1.2 DESCRIPTION Bus shall be new, current year production, of light duty transit vehicle design and construction. Bus shall provide for ambulatory front door entry with wheelchair/mobility aid access via a ramp. The design of such shall reflect the highest standards of concern for the welfare and safety of the elderly and persons with disabilities. All units or parts used in the assembly of the final product shall be the manufacturer's best quality and shall conform in material, design or workmanship to the best practice known in the transit industry. All parts shall be new and in no case shall used, reconditioned or obsolete parts be accepted. Unless otherwise specified, all items listed as OEM parts or equipment means that those items shall be/were made by or purchased and installed by the chassis manufacturer, not the final stage manufacturer. The vehicle shall meet all applicable Federal Motor Vehicle Safety Regulations (FMVSS), Federal Motor Carrier Safety Regulations (FMCSR), and the Environmental Protection Agency (EPA) regu- lations in effect at the date of manufacture and the Manufacturer shall so certify. ECRTA 29 Fehruary 27.2017 Exhibit A (Page 32 of 65) The vehicle shall comply with all federal, state, and local regulations including Altoona bus test certification requirements. The vehicle shall also comply with all standards of the Americans with disabilities Act (ADA) and its implementing regulations in effect at the date of manufacture. In the event of any conflict between the requirements of this Specification and any applicable legal requirements, then the legal requirements shall prevail. 3.1.3 OVERALL REQUIREMENTS AND DIMENSIONS Seating Capacity 1. Ambulatory= 12 maximum, excluding driver 2. Wheelchair = 2 wheelchairs maximum Seating Floorplan: Below is the desired floorplan requested by ECRTA. Bids should include a proposed floorplan based on specifications and manufacturer's requirements. Exterior Length and Width: The length and width of the vehicle shall be the minimum necessary to satisfy the specified seating configuration of this specification while meeting all applicable FMVSS requirements and chassis manufacturer requirements for weight distribution. The bus is not to exceed 25 feet in length. Exterior Height Maximum exterior height: 115 inches excluding roof hatch, antennas or roof mounted A/C unit. Interior Height Minimum interior height: 76 inches GVWR Rating: The gross vehicle weight rating (GVWR) shall not exceed the weight of a fully loaded vehicle. A fully loaded vehicle equals the weight of the vehicle equipped to meet these specifications, verified by a weight ticket, plus the weight of the passengers {minimum 150 pounds for each ECRTA 30 February 27, 2017 Exhibit A (Page 33 of 65) ambulatory placement, minimum 250 pounds for each wheelchair placement), depending on wheelbase. Wheelbase: The vehicle wheelbase shall be sufficient to accommodate the seating configuration required while meeting applicable Federal/State safety requirements and chassis manufacturer's specifications for weight distribution. Vendor to provide as part of submitted floorplan diagram. Provide the shortest wheelbase allowable to meet specifications. Bidder Meets Section Specifications -- 3.1 General Specifications Yes X No Noted Exceptions (list all section exceptions for consideration here): 3.2 BODY SPECIFICATIONS 3.2.3 GENERAL The body shall be free of cracks, dents, defects, or physical damage. The bus shall be a low floor type with air suspension both front and rear. The bus shall have a standard power ramp to facilitate entry by passengers including those in a wheelchair. The bus shall have a kneeling feature to lower the but an additional 3 inches when the passenger door is open. The bus shall be equipped with a driver's running board. 3.2.2 BODY REQUIREMENTS The body shall be constructed to provide maximum protection to passengers in case of rollover accident or a crash accident to the side or rear of the bus. Thu vehicle body shall incorporate prime commercial quality zinc -coated steel, aluminum - coated steel, stainless steel, galvanized steel, aluminum, or aluminum alloy, UP TA 31 February 27, 2017 Exhibit A (Page 34 of 65) The entire structure must be bonded (structural bonding adhesive) and bolted together. The Exterior skin is to be FRP composite skin laminated to a moisture resistant substrate attached to the cage with urethane adhesive. Roof super -structure shall be constructed of a 1 -piece seamless construction. Roof panel shall include lap side panels of minimum of 1 inch. The overlapping panel construction is to preclude water leakage into the vehicle. Panels shall be riveted, bonded or welded to the super -structure. The roof construction shall be of sufficient strength to prevent vibration, drumming or flexing. The roof is to be designed and installed in a professional manner that is smooth and without bumps, waves, or imperfections due to installation. Roof gutters shall be installed over the windows and doors. Gutters shall be designed so as not to spill water on driver's exterior mirrors and intermediate drain holes shall not drain water on windows and doors when open or closed. All exterior seams shall be constructed in such a manner as to shed water and exterior panels shall have lapjoints. In no case shall sealing of panels be dependent on caulking alone. Zinc chromate caulking, butyl rubber tape, or an approved equal shall protect all exterior joints and seams. No water leaks in the body will be acceptable. Body is required to be water tested upon completion at the manufacturer location to ensure there are no water leaks of exterior seams, roof construction or overall structure. Testing shall be done with water nozzles appropriately placed to test the entire conversion. Minimum 20 -psi water pressure for testing is required for a minimum of 10 minutes. A certification of the water test result shaft he submitted with the delivery of the vehicle. The entire underside of the body including floor members, side panels below floor level (if metal), and fender wells shall be undercoated, at the time of manufacture, with a nonflammable undercoating for bus applications. All openings in the floorboards and firewall shall be sealed. Care shall be taken to prevent overspray of electrical cabling, air, brake and fuel hoses. Equivalent to 3.81 -cm {1 inch} fiberglass, type of insulation and method to be defined by vendor, shall be installed in the roof, rear wall, front and rear caps, sidewalls, and extended door sections, minimum value R7 or above. If additional insulation is necessary to meet the requirement, the insulation shall be glued to the chassis bodyto prevent sagging. The bus body shall be thoroughly sealed so that the operator or passengers cannot feel drafts during normal operations with the passenger doors closed. "Help" energy absorbing type bumper shall be provided on the rear of the vehicle. The front bumper shall be the OEM chrome bumper. Two rear tow hooks shall be provided, accessible under rear bumper. The towing devices shall be adequate in design and construction to permit towing the vehicle without distortion or failure. ECRTA 32 February 27, 2017 Exhibit A (Page 35 of 65) All brackets, bolts, nuts and miscellaneous fasteners for attaching front and rear license plates to the vehicle shall be provided. Front and rear mud flaps are required. Bidder Meets Section Specifications— 3.2 Body Specifications Yes I X Un. Noted Exceptions (list all section exceptions for consideration here): 3.3 ENGINE/TRANSMISSION REQUIREMENTS 3.3.1 DIESEL ENGINE The engine will be OEM chassis manufacturer's standard engine for the commercial model van that meets or exceeds the requirements of this specification. Minimum 6.6 liter, Diesel. Electronic fuel injection IEFII fuel management system. OEM heavy-duty engine cooling package. Factory engine block heater. Plug mounted to bumper or body for block heater. Replaceable full -flow type all filter easily reached without removal of any major component. Replaceable pleated, paper element type, air cleaner. Magnetic hex head drain plug on the oil pan. A fast idle system shall be installed which will automatically increase the engine speed (RPM) to approximately 1S4d RPM on diesel engines. Intermotive Advanced Fast Idle System (AFIS), Gateway module, or approved equal, capable of being actuated by either driver, a voltage FCRTA 3.1 February 27, 2017 Exhibit A (Page 36 of 65) sensor, an air conditioner, an air compressor command, or a low coolant temperature command. The fast speed idle shall engage only when the vehicle is in Park and the parking brake applied. 49:wm 1 1.7A 0 M riIM1rel ►1 Heavy duty 6 speed automatic transmission. OEM heavy-duty auxiliary transmission oil cooler. The vehicle shall be equipped with an audible warning device that is activated when the vehicle transmission is engaged in reverse and continues as the vehicle is being backed up. This should be located behind the rear axle of the vehicle and all wires should be enclosed and secured. 3.3.3 POWER STEERING Power steering is required. OEM tilt and energy -absorbing steering column and steering wheel. OEM factory installed cruise control. 3.3.4 FUEL TANK Fuel tank shall have the maximum capacity as offered bythe manufacturer. The chassis OEM fuel system shall not be modified. Any fuel tank breached during modification shall be removed and replaced with a new fuel tank. Repair of the breached tank by any means will not be acceptable. The fuel tank must contain a full tank of fuel upon delivery to the final destination. 49:XW 44X1k11.111TA4 The vehicle is to be equipped with an OEM factory installed heavy-duty alternator with an integral voltage regulator and easily accessible for maintenance and repair. Exhaust system shall be equipped with a heavy duty, corrosion resistant exhaust system which meets or exceeds FMVSS and EPA noise level and exhaust emission (smoke and noxious gas) requirements. Heavy duty exhaust hangers shall be standard equipment and shall be bolted or welded to the frame. All exhaust system modifications shall use the exact type, size and gauge material as the OEM exhaust system. The use of flex pipe for exhaust modification will not be permitted. There ECRTA 34 February 27, 2017 Exhibit A (Page 37 of 65) should be enough tail plpe hangers to adequately support the entire exhaust system. The exhaust pipe discharge shall be at the rear street side corner of the vehicle (behind the rear axle). Exhaust pipe should exit at least 12" behind the fuel tank. Location and mounting of exhaust should be such that the exhaust pipe Is not damaged during normal vehicle operation. Bidder Meets Section Specifications — 3.3 Engine/Transmission Specifications Yes X No Noted Exceptions (list all section exceptions for consideration here): 3.4 SUSPENSION SYSTEM All chassis shall be equipped with an air spring suspension system. Constant ride height control with minimum three electronic height sensors. 3.5 CHASSIS Rear Axle: Chassis should be equipped with a non -slip axle that performs better in slick road conditions to allow that when one rear wheel is slipping the other wheel(s) will engage. 3.E TIRES AND WHEELS 01KI MR-111*'1 Vehicles shall be equipped with six premium tubeless, steel belted, black sidewall, all-weather radial tires, the largest size available From the OEM for GVWR specified. All tires shall be electronically spin balanced to a minimum speed of 65 MPH. The inside dual tires mounted on the rear axle shall have air valve extensions. Tire pressure monitoring sensor or system must be standard. U ecaTA 35 February 27, 2x17 Exhibit A (Page 38 of 65) 3.6.2 WHEELS Vehicles shall be equipped with the heaviest duty 16 inch {minimum), 2 piece Ventilated steel wheels recommended for the GvWR and tires specified. All wheels shall be interchangeable. OEM lug nut indicators if available from OEM shall be installed on all wheels. 3.7 BRAKES Brakes shall be hydraulic self-adjusting power front and rear discs with an anti-lock ABS system. Electronic stability 0 traction control required, The braking system shall be heavy duty and the largest offered by the manufacturer for the GVWR specified, Brakes shall conform to all Federal and Colorado Motor Vehicle Safety Standards. The brakes shall be free of objectionable noise or squeal when applied. Parking brake shall be standard manufacturer's mechanical type, independent of the v&jcle's service brake system. It may be a heavy-duty hand or foot -operated parking brake with a warning light on the dashboard, Bidder Meets Section Specifications — Suspension/Chassis/Tires/Braltes Yes X No Noted Exceptions list all section exceptions for consideration here): 3,8 ELECTRICAL SYSTEM 3.8.1 GENERAL The vehicle shall be ecuipped with a heavy-duty (12 volt) electrical system. All components are to he selected and integrated to function in an envirenment characterized by low engine ,alternator} speeds and high amperage draws due to lights, air corepressor, wheelchair ramp, 4 -way flashers, air conditioning/heater, and other accessories in constant operation. ECRTa 36 February 27, 2017 Exhibit A (Page 39 of 65) Electrical components that may require servicing or replacement shall be readily accessible through access panels or covers. Installation of aftermarket electrical components and systems in the engine compartment shall be eliminated to the greatest extent possible. All circuits should be fuse protected and schematic diagram indicating color and function shall be included with the vehicle. All electrical accessories except the radio and lights must be wired through the ignition, and must shut off when the engine is off. All wiring must have the capacity to carry the required load. Attaching any additional wiring to the interior engine cover shall not be allowed. 3.8.2 BATTERY Vehicle shall have two heavy-duty 12 -volt available factory installed batteries, with minimum 770 CCA. The OEM battery is to be located under the hood, and the second Is to be located curb side in a readily accessible area via a lockable box. This battery box shall include a slide out tray that securely locks in the stowed position. The battery box shall be equipped with drain holes. The tray shall have the ability to extend a minimum of 3 Inches beyond the opening of the battery compartment. Battery hold-downs should be properly sized and prevent the battery from shifting or moving in the battery tray which may require shift blocks made of an insulated material to prevent corrosion. All battery securement devices and securement hardware, including slides and tray shall be stainless steel and be self-locking or tension retaining hardware. Battery box must be designed with full support under the tray. Access to the battery tray shall be from outside the bus. The access door to the battery box shat€ swing up at a minimum 60 degrees to the horizontal plain. The battery box shall be sealed to prevent road debris, dust, rain, snow or other forms of precipitation from entering the box, but shall not be air tight for safety reasons. The vehicle shall be equipped with a rotary disconnect switch that removes 12V battery power from all bodybuilder loads while not interfering with OEM chassis electrical circuits. 3.8.3 WIRING OEM's vehicle wiring shall remain unchanged to the greatest extent practicable consistent with the requirements of these specifications and sized to provide proper overload protection for each Individual circuit. Entire harness system and mating electrical components are plug -connected with lock tab connectors; all terminals are machine crimped; all harnesses shall be covered in high temp conduit and all exterior under body/under hood connectors are IP67 rated sealed connectors. All body wiring shall be run inside the body 1n a protected area. All wiring shall be 1n a loom and secured for maximum protection. Clamps shall be rubber or plastic coated to prevent them from cutting the wiring insulation. ECRTA 37 February 27, 2017 Exhibit A (Page 40 of 65) When routing wiring under vehicle, all wiring shall be encased in a loom and attached to the frame and sub -floor structure with proper fasteners and shall not be bundled with hoses. The harness shall run in straight Ines as close to chassis fra ne rails as possible. Ary harness that goes over the rear suspension shall be encased in a conduit fixture securely fastened to the sub -floor calls or routed inside the frame rails. All fuses and relays (other than chassis OEM) shall be placed in an electrical panel. The panel shall be accessible through a hinged lockable door. Connection to DEM electrical system shall be accomplished through connectors supplied by the chassis manufacturer using locking mating connectors. A legend shall be. provided an the circuit panel door that displays circuit fusing and identification information. Complete "as built" wiring schematics shall be rovided with the vehicle, specifically matching the vehicle provided with all options included.0 A driver control console, within easy reach of driver and with unobstructed switches and controls, shall be provided. The driver control console shall be of quality construction with sturdy framework, attached with nut and bolt fasteners (no self -tapping screws), and an access panel held in place by stainless steel machine screws. Overhead position is not acceptable. The driver console design and installation shall take Into consideration radio and tablet egGipment to allow clear and easy access to this equipment, console switches and controls. Console position shall allow easy and safe access by the driver in the driving position during service operation without taking his/her eye of the road. If attached to the OEM motor cover, then particular attention should be made for unit to be attached straight and flush to OEM console with plug in wire connectors to allow for removal and service, r— Bidder Meets Section Specifications – 3.8 Electrical System Yes K - items below approved in AE process N❑ Noted Exceptlons (list all section exceptions for consideration here): - Batteries, The first battery is 7700CA and the second battery is 600CCA. - Battery tray slides are not stainless steel, only the tray, - The battery box door does not swing up, the hinge is on the right side of the box. ECRTA 38 Fehr-uary 27, 2C17 EO Exhibit A (Page 41 of 65) 3.9 INTERIOR CLIMATE CONTROL All front climate control system controls shall be located within easy reach of the driver and shall be located on a control panel. 3.9.1 HEATING/AIR CONDITIONING/DEFROSTING The HVAC unit should have separate fan controls (3 speed minimum), for the front and rear. On/off switches and fan controls shall be within easy reach of the driver. OEM in dash heating/defrosting and air conditioning system shall be provided, maximum BTU rating available. Thermo King SLR 65 or approved equal roof mounted heating and cooling HVAC system with add on compressor to provide heat and air conditioning to the main bus structure. Minimum 65,000 BTU for cooling, 42,000 BTU for heating. 3.10 INTERIOR PANELS Sidewall, rear wall, and ceiling trim panels shall be melamine, ABS plastic, FRP, smooth fiberglass gel coat, vinyl, or polypropylene Fiber applied in one or more sections. Trim molding of stainless steel, anodized aluminum, FRP or ABS plastic shall be used to cover seams. The trim molding shall be continuous except at the door openings, wheel well and fuel intake line covers and run the entire length of each seam covered. Panels shall be supported to prevent buckles, vibration, drumming or flexing and particular care shall be exercised to keep the body light fixtures from weaving or bouncing when the bus is In service. The ceiling panels shall be supported to prevent sagging. The interior of the driver's area shall be padded with 1/4 -inch foam and covered with vinyl to aid in noise reduction. All ceiling, sidewalls, and rear bulkhead shall be upholstered vinyl interior, light gray. All panels shall be the same color and coordinated with the interior colors of the vehicle. 415 515.1rcl01I_[cl W_10 113 1111110-.111.1 ECRTA All signs required by state and federal law regarding safety and operating procedures shall be affixed to the vehicle exterior and Interior. Manufacturer shall place at least one international symbol of accessibility on the vehicle In concurrence with ADA regulations. Interior and exterior signs may be decals. Decals must be 3M premium grade vinyl or equivalent. 39 February 27.2017 Exhibit A (Page 42 of 65) Bidder Meets Section Specifications -- Climate Control/Interior Panels/Signage & Decals Yes X - the item be!nw was approved in lhs AE process Na - Noted Exceptions (list all section exceptions for consideration here): The driver area interior panels are ABS pasfic not padded vinyl. 3.12 SEATING 3.12.1 GENERAL The Bidder shall provide a detailed floorplan and seating drawing that is to scale and meets passenger -stating and loading requirements. Drawing shall show the location and dimensions of all seating positions, driver's position, aisles, doors, wheelchair I tie down locations, and other passenger assists as applicable. All seating, including driver, shall comply with applicable FMVSS requirements. 3.12.2 PASSENGER SEATING All passenger seating shall be Freedman Citiseat or approved equal.(1 J All seats shall be covered with Freedman Level 6 La France Mills 399 Twilight or approved equal. Seat installation shall meet FMVSS 207 standare's. Seat Dimensions ■ Hip to knee room: 28 inches nominal (maximum available) ■ Aisle width: 16* inches nominal (maximum available) To be measured at seated passenger hip height. Hack of permanent ambulatory passenger seats to ex�lude rear seats against the back of the bus should be covered with r: plastic protective cover. No seat belts are t❑ be provided on passenger seating. Foldaway seats, ,f absolutely neressory to meet floorplan requirements, shall be Freedman Citiscat model fo'davvay sect or approved equal. Fabric and seat type to match ali other pa5scnge r seats. ECRTA 40 Fenn:ory 2'1, 2C,_; Exhibit A (Page 43 of 65) The foldaway seat operation shall require no more than two (2) steps to store or deploy. A cylinder shock must be provided to assist in the controlled storing or deployment of the seat. Seat shall include a self-locking mechanism for security. The underneath area of the seat shall appear finished without exposed seat springs or seating material and include a seat instruction plate, + Folding seats must be installed so that rubbing/chaffing does not occur during fold operation. Seat cover must not touch sidewall or structure during fold/unfold. Folding seats must be mounted to a portion of the steel structure that is an integral part of the final stage builders under floor structure. Steel plating for seat securement must be designed into floor, added steel plating similar to large washers will not be accepted. All seat mount and wheelchair shoulder harness mount bolts that are not fastened to the seat track will be mounted to structural steel members. 3.12.3 DRIVER'S SEATING A power deluxe driver's seat, Recaro LXS or approved equal, with Adnik power pedestal seat base, shall be provided with forward and rearward adjustment, right side armrest, lumbar support, reclining feature, and high back. The seat shall be upholstered in Freedman Level 6 LaFrance Mills 398 Twilight consistent with the passenger seating fabric. Bidder Meets Section Specifications — 3.12 Seating Yes X No Noted Exceptions (list all section exceptions for consideration here): 3.13 FLOOR AND FLOOR COVERING 3.13.1 FLOOR Sub floor structure shall be designed and assembled for a minimum trouble free service life of 5 years. The sub floor structural members shall be made from steel with a minimum yield strength of 36,000 psi or approved equal. Sub floor frame shall be mounted to OEM alternate frame spacers. Additionally, wheelhouse assemblies shall be made of corrosion resistant 12 gauge (minimum) steel construction and fully welded to floor and side framework. ECRTA 4t February 2 7. 20 17 Exhibit A (Page 44 of 65) Wheelhouses shall be covered with a plastic molded cover. No screws shall protrude into the underside of the wheelwell. The floor decking shall be a 5/8" thick single piece of engineered wood with moisture barrier laminated to upper surface and moisture sealed edges. A sealant shall be used in body to floor corners to provide a water resistant seal as an aid in floor cleaning. The cab floor shall have the OEM insulated floor covering. 4N twa 91110I01.IKIITJ :I:] 10 [cl The floor surface shall be covered with wall -to wall, slip -resistant, minimum 2.2 millimeter Altro Transflor Meta, Storm TFM22903, or approved equal. Flooring edges shall be edge welded to provide a completely sealed floor. The floor covering shall not shrink during the service life of the vehicle. The floor material shall be securely bonded to the under structure and rolled smooth. The adhesive used to bond the floor material must be backed by a manufacturer's warranty of no less than five (5) years for installation and adhesive. The method and procedure used to fasten the floor covering to the under structure shall be approved by the floor covering manufacturer. There shall be molded plastic, fiberglass, hard rubber, aluminum or FRP cove molding between sidewalls and floor for ease of cleaning. The cove molding shall be one continuous piece along each wall except when interrupted by such items as wheelwell, fuel line, and interior corner covers and door openings. Molding shall be coved up the side 10" to run up to the sidewall. An access panel for ease in maintenance of the fuel pump shall be provided. 3.14 DOORS 3.14.1 GENERAL Two (2) sets of keys for all door locks shall be supplied. All doors shall be properly sealed to prevent entry of air drafts and water into vehicle interior including spray from commercial vehicle wash equipment and driving rain. Materials used for weather seals shall be designed to withstand varying temperature extremes, road splash, salt and other exterior elements without cracking, leaking, loosening, or deteriorating. 4NEIfM:7AIIRI4►[cl4:14►rIII :7_1►[1I:1111Bills] :0 The passenger entry door must be dual panel, swing out type, electrically operated and have two windows. ECRTA 42 February 27, 2017 Exhibit A (Page 45 of 65) Door Opening: Minimum 41" wide, with a minimum 38" wide by 75" high clear opening without entrance grab handles. With grab handles, door dimensions shall be minimum 35" wide. Entry door to include weatherproof exterior toggle switch. Exterior entry door switch is to be active only with ignition power on. Entry door emergency release shall be easily accessible and clearly identified. 4NElWA.11_1:114i!i14.144►EllaBills] :1 The rear emergency exit door shall be 32" wide by 54" high (nominal) and shall have stationary windows in the upper and lower halves of the door. The emergency door shall have upper and lower glazing and include one 11" x 14" static cling 'fish eye' wide-angle rear window lens. The lower window shall have a see through mechanism to prevent contact of mobility devices. Rear emergency door shall be equipped with a securement device to hold the door safely in the full open position. Cord, rope or strap securement devices will not be accepted. door hold open spring system shall be bolted to both the rear door and the door header with a heavy strength minimum Grade 5 bolt (s), not rivets. The door shall have a "door ajar" light and alarm, which will alert the operator when the door is not securely closed and latched. The light shall be a red indicator light identified as "REAR DOOR AJAR" and shall be located on the operator's dash panel easily seen by the seated operator. An exterior locking door latch will be included. 3.15 SERVICE COMPARTMENTS AND ACCESS DOORS Access for maintenance and replacement of equipment shall be provided through panels and doors that appearto be an integral part of the vehicle. Access doors shall be provided, where necessary, to service transmission, engine, radiator, ramp, batteries, and/or HVAC components. An access door shall be made to access the overhead compartment for all ITS equipment and made large enough to remove the DVR if needed. A lockable driver's storage compartment shall be provided. 3.16 WINDSHIELD AND WINDOWS Side windows shall be a flat black, aluminum frame, egress transit type or top T -sliding panel type that meets all applicable FMVSS. The T -sliders shall be located at the top of the window. Minimum passenger window size shall be 30 inches wide by 36 inches high. There shall be a minimum of two (2) emergency exit hinge out windows on each side of the vehicle. Decals with instructions as to their use shall be provided and shall be permanently ECRTA 43 February 27, 2017 Exhibit A (Page 46 of 65) fastened on the inside of the vehicle, located over or beside the emergency windows. The emergency exit windows shall comply with FMVSS requirements. The emergency release handle will rneet FMVSS-217 requirements and shall not return to the locked position automatically; it shall require the driver or other authorized person to manually re -lock it. A full window shall be provided in the transition panel between the windshjeld and the passenger entrance door(s) to elirninate the blind spot created by the transition panel and enable the driver to view the curb from the driver's seat. The body panel partition between the transition window and entrance door shall be as narrow as possible to maximize the driver's view of the area around the entrance door. All windows shall be fitted with durable, firmly installed, weather seals to prevent the entrance of air and water, including spray from commercial vehicle wash equipment and driving rain. Materials used for weather seals shall be designed to withstand varying temperature extremes, road splash, salt, and other exterior elements without cracking, leaking, loosening or deteriorating. Caulking around the windows shall only be used as a seal, not to make up for body defects or out of tolerance window openings. Windows shall have no sharp edges or protrusions. The windshield and driver door glass shall be glass and uniformly tinted. Windshield shall have a heavier tint band above eye level, if available from DEM. J The windshield will be equipped with minimum two -speed electric windshield wipers with intermittent feature. Bidder Meets Section Specifications — Flo ❑r/DoorsAVindshields/Windows Yes No X Noted Exceptions (list a I I section exceptions for consideration here): - The rear wheel wells are 169a steel and sprayed with poly -urea. 3.17 LIGHTING 3.17,1 EXTERIOR LIGHTi1VG The vehicle shall be equipped with center, top mounted third brake light, tail brake lights, rear turn signals, hack -tip lights, and state license tag lights that are LED fixtures. A.1 rear extFrior lights to be integrated into rear ABS cap. ECRTA 44 Febraary 27, 2 17 Exhibit A (Page 47 of 65) All exterior lights shall conform to State of Colorado and U.S. department of Transportation requirements and meet the requirements of FMVSS/DOT specifications. Daytime running lights are to be provided. 3.17.2 INTERIOR LIGHTING The interior passenger area shall be equipped with LED surface lights. Adequate lighting should be provided given the vehicle length and wheelbase. Lights shall activate when the entrance doors are opened and turn off when the doors are closed. The ramp area shall be equipped with one 11) exterior overhead door light and two (2) LED stepwell lights to illuminate the entry floor/ramp platform, per USDOT AOA regulations. These lights shall activate when the ramp is deployed and turn off when the ramp is stowed. The driver's seat and instrument panel area shall have an OEM flush -mounted ceiling light to provide general illumination. The light shall be controlled by the operator through OEM switch on the front console and shall illuminate without ignition activation. All interior lighting fixtures shall be reasonably flush with the interior walls and ceiling to prevent a hazard to passengers. 3.18 FINISH AND COLOR All exterior surfaces shall be smooth and free of visible wrinkles and dents. Exterior surfaces to be painted shall be properly cleaned and primed as appropriate for the paint used, prior to application of paint to assure a proper bond between the basic surface and successive coats of paint for the service life of the vehicle. Paint shall be applied smoothly and evenly with the finished surface free of dirt, runs, and other imperfections. The Bidder shall, as a minimum, provide a low VOC coating system that meets the following minimum requirements. Primer - Corrosion resistant primer that is compatible with the basecoat/clearcoat system. Basecoat/clear-coat System — Two-part system basecoat/clear coat, low VOC, air dry, stain resistant polyurethane enamel that is ultraviolet light resistant, The system shall have hardness, abrasion resistance, gloss retention, flexibility, chip resistance, and good adhesion characteristics. Interior finish in the driver's area shall be a non -reflective material and/or flat grey color. Steel wheels shall be painted white. E'rXTA 45 February 27, 2017 Exhibit A (Page 48 of 65) 3.19 STANCHIONS AND GRAB RAILS All stanchions and grab rails shall he 1 �, inch stainless steel. Vertical stanchions shall be sen.,red top and bottom with bolts to ceiling and floor metal framing to prevent thvisting, All stanchions shall be mounted at floor and ceiling into the structural metal body member or metal plate. There shall be a vertical stanchion, grab rail, and pa ed modesty panel located behind the driver's seat. There shall he a smoked, shatterproof, lexiglass 3/8" thick panel filling the area from the ceiling to the grab rail and the stanchion to the wall, shock mounted to prevent rattle. The purpose of this panel is to protect the driver from being hit with objects from behind. Panel must nat impair driver's seat adjustments. Overhead rails required ;ADA provisions shall be at a height of 71 inches to the top of the handrails from vehicle floor. Tho rails shall be fastened into structural metal body mernbers or metal pl"tes. Handrails and stanchions shall be provided at the ontrance of the vehicle. Fastening shall be by bolts - screws will not be acceptable. The front side of the stanchion shall include a handle for boarding and aligned wlth entry door grab handles. 3.20 MIRRORS Two remote control, adjustable, heated side -mounted exterior rearview mirrors, Velvac or approved equal. The exterior rear-view mirrors shall be firmly supported and set to give a clear view past the left and right corners of the vehicle. Mirror frames and supports shall have a corrosion resistant finish. Mirrors shall meet 5AE- recommended standards and 49 CFR 393.80 as appropriate. Vehicle interior is to include a rear vision mirror with non -glare, day -night feature, also to include a built in screen and backup camera, One 4 x 13 or 6 x 16 inch inferior passenger -viewing mirror shall be provided and mounted in such a wayto allow the driver :a easily view passenger activity in the vehicle from the driver's seat. Bidder Meets Section Specifications — Lighting/Finish and Color/Stanchions/Mirrors Yes X - the item halo'vr was approved in the AE process No Noted Exceptions (list all sectinn exceptions for consideration here)- - The step wefilentry lights came on with door open and t«rn off when the doors are closed, they are not tied into the ramp. 1 6CH'1A o FP.hrir:i y'?7.Z017 Exhibit A (Page 49 of 65) 3.21 WHEELCHAIR ACCESS 3.21.1 Ramp The entry ramp shall be either a Braun or Rican heated power ramp that is designed to let wheelchair and ambulatory passengers enter the bus once the ramp is fully deployed. Entry ramp shall be rated at 800 lbs. minimum. Entry ramp shall be 62 inches minimum and provide a 1:6 angle when deployed to the ground with bus in knelt position. Steps are not allowed and all passengers shall enter by way of passenger door. The ramp surface shall be continuous and made skid resistant. It shall have no protrusions from the surface greater than 34 inch and shall accommodate both four-wheel and three -wheel mobility aids. 3.22 WHEELCHAIR SECUREMENT SYSTEM Securement system shall be Q'Straint QRT 360 Series or approved equal. Floor anchorage points shall be Q'Straint L -Track or approved equal, utilizing corrosion resistant steel or aluminum and usable for front or rear tie downs or shared by both. All anchorage points shall be recessed and nominally flush with the floor to prevent a tripping hazard. Recessed area shall be sealed prior to anchorage point installation to prevent the intrusion of water. Anchorage points shall be secured in accordance with all applicable FMVSS regulations. Eagle County requires the following wheelchair L -Track placement design to accompany each wheelchair position. Price accordingly, as this amount of L -Track is in addition to standard L -Track normally provided at each wheelchair position. Include this track placement on all submitted floorplans for consideration. For each securement system installed in the vehicle, a corresponding occupant restraint system compatible with the QRT 360 requirements shall also be provided that is wall mounted and adjustable, Occupant restraint system shall meet ADA requirements and all applicable FMVSS requirements. Lap belt, included as part of the occupant restraint system, shall be 108 inches. 1ECRTA 47 February 27, 2017 Exhibit A (Page 50 of 65) J Storage pouches shall be. provided and mounted to safely and securely store tie down straps when not in use. If foldaways are provided in the proposed floorplan, then the Freedman TDSS System or approved equal is to be installed on each foldaway. Passenger Stop Request: Controls shaii be provided _.djaccnt to the wheelchair securement locations and seats for requesting stops to alert the driver that a passenger wishes to disembark. This shall include tooth an audible (chime) and visual (stop requesty system. For ambulatory passengers, the audible controls shall be mounted at a height easily accessible for the passengers to use. For rnobility-impaired passengers, the controls shall be mounted no higher than 48 inches and no lovrer than 15 inches above the floor. All controls shall be operable with, one hand and shall not require tight grasping, pinching or twisting of the wrist. The force required to activate the controls shall be no greater than 5 foot-pounds. Bidder Meets Section Specifications — 3.21 & 3.22 Wheelchair Access/5ecurcment Yes X No !Voted Exceptions (list all section exceptions for consideration here) 3.23 VEHICLE SAFETY REQUIREMENTS The instrument panel shall be DFM and have lamps sufficient to Illuminate all instruments. All instruments shall be accessible for maintenance and repair and shall be mounted so that each instrument and all indicator lights are clearly labeled and visible to the driver. Each vehicle instrument panel shall be equipped with at least the following; Engine Temperature Gauge; Fuel Tank Level Gage; Speedometer with Trip Odo►ne.er; and Voltmeter. Visible and audible warning devices shall be installed to inform following vehicles and pedestrians of reverse operations. Devices should be connected with back-up lights to produce an intermittent sound to warn others while vehicle movement is in reverse. OEM horn{sj shall be provided. Drivcr surd viso , to match vehicle interior, shall be provided. DrlVer`5 colt oak sha!I be provided in the driver's area. ECRTA =1S F2bru:;ry 27, 2017 Exhibit A (Page 51 of 65) A minimum five (5) pound dry powder type fire extinguisher, with gauge and hose, U.L, approval shall be provided. A bracket to securely hold the fire extinguisher Inside the vehicle shall be mounted. A three (3) triangle reflector kit shall be provided In an easily accessible location. At minimum, a sixteen (16) unit first aid kit shall be provided in an easily accessible location. A body fluid cleanup (blood borne pathogen) kit shall be provided In an easily accessible location. Vehicle shall come equipped with: seat belt cutter, fire blanket, working flashlight, reflective vest, chock blocks (2). OEM AM/FM/CD/MP3 Bluetooth Enabled Radio, plus four (4) speakers, two (2) in front and two (2) In rears hal I be provided. Vehicle shall be equipped with emergency flashers that operate even if brake pedal is depressed. Yield to Bus Sign: The sign will illuminate and warn the driver of a vehicle behind the transit bus that the driver is required to yield when the bus Is entering a traffic lane. The sign will be located on the back of the bus and be controlled by a driver -activated switch on the driver console. Bidder Meets Section Specifications — 3.23 Vehicle Safety Requirements Yes X No (3) Noted Exceptions (list all section exceptions For consideration here) 3.24 CAMERA SYSTEM Vehicle to Include the following camera system requirements. Apollo Roadrunner seven (7) camera, eight (8) channel DVR HD (IP) system. (1) RR-HDR08-2040 DVR with 2TB drive (1) RR-HDCf1 Fwd Facing camera (3) RR-HDCTDIRA85 Interior camera 12) M RR-HDCWI Cam RR-HDCWITG Wedge camera with tempered glass ECRTA 4Ll February 27,2017 Exhibit A (Page 52 of 65) (7) RR-HDICCA Camcra cables, length TSD (1) RR- HDEH Environmental enclosure (1) RR-HDGPS GPS (1) RR-HDWC320A Router (1) RR-HDA224A Ant Cradlcpoi nt 600 AT&T router. 2 TB drive. 3.2.5 DESTINATION SIGN Luminator Horizon SMT automatic electronic destination sign system or approved equal. Signs shat! be Supplied on the front and right side. Signs must comply with ADA requirements and he of the largest size the bus will accept. Bidder Meets Section Specifications — Camera System / Destination Sign � Yes No Noted Exceptions (list all section exceptions for consideration here): 3.26 WARRANTY M Inirnurn warranty coverage shall be as follows: DEM Chassis: Engine, Transmission, Axles: 3 years / 36,000 miles Body Structural: S years / 100,000 miles Wheelchair Ramp Parts 2 years / un;imited miles Wheelchair Ramp Labor 1 year/ unlimited miles Bidder Meets Section Specifications — 3.26 Warranty Yes x No Noted Exceptions (list all section exceptions for consideration here): J FCRTA so Fcbra ry27.201:' Exhibit A (Page 53 of 65) 4 Bid Attachments 4.1 Attachment 1 —Receipt of Addenda The undersigned acknowledges receipt of the following addenda to the IFB documents. NO ADDENDA WERE RECEIVED (Give number and date of each): Addendum Na. Dated 0311712017 Addendum No. Dated Addendum Na.❑3 Dated Addendurn No. 0 Dated Addendum No.❑5 Dated Failure to acknowledge receipt of all addenda may cause the bid to he considered non-responsive. Company Name: Davey Coach Sales, Inc. Name of Signer: Comer Hobbs Title: Authorized Rvnature sultant It / Date ECR—L A 51 February 27, 2017 Exhibit A (Page 54 of 65) 4.2 Attachment 2 —Delivery Schedule The bidder shall furnish the following delivery information that will become part of any contract ertered into pursuant hereto. The vehicle shall be delivered to ECHTA in first class condition and Contractor shall assume all responsibility and liability incidental to paid delivery. Bidder/Contractor acknowledges daily liquidated damages fee of $7.00 per calendar day if dclivm is made after agreed upon delivery date. Number of days to commence delivery subsequent to receipt of finalized contract: 90-120 days CCRTA. 51, February 27,2C17 Exhibit A (Page 55 of 65) 4.3 Attachment 3 - Contractor Service and Parts Support Data — Location of Technical Service Representative in Colorado Name: Davey Coach Sales, Inc. Address: 7182 Reynolds Drive, Sedalia, CO 80135 Telephone: 303-683-9509 Describe technical services readily available from said representative: 15,000 sq ft facility (will be 30,000 by the end of the year) that handles sales, parts, service, leasing & rentals. Four vehicle lifts and 9 certified technicians. — Location of Parts Distribution Center in Colorado 'da`r'e: Davey Coach Sales, Inc. Address: 7182 Reynolds Drive, Sedalia, CO 80135 Telephone: 303-683-9500 Describe the extent of parts available at said center: parts on hand or ship factory direct — Policy for delivery of parts and components to be purchased for service and maintenance: Regular method of shipment: UPS Ground in Colorado gets there the next day usually Cost to the ECRL A: Cost will depend on the situation whether it be warranty, service, etc. //l CCP. -A. 53 February 27, 2017 Exhibit A (Page 56 of 65) 4.4 Attachment 4 —ADA Certification The bidder hereby certifies that it will comply with the requirements contained in this IFB relating to vehicle design or special Equipment required bythe Americans with Disabilities Act of 1990. Company Name; ARBOC Specialty Vehicles, LLC Name of Signer: Don W. Roberts Tine: Pie dent $ CEO J� f,.J Authorized Signature Date ECFTA 54 February 27. 20 1? Exhibit A (Page 57 of 65) 4.5 Attachment 5 —Federal Motor Vehicle Safety Standards (FMVSS) Certification ARBOC Specialty Vehicles, LLC _ .............__._._..__hereby certifies that the vehicle offered meets (Man ufact urer`s Name) all applicable U.S. Federal Motor Vehicle Safety Standards. The Bidder and (if selected) Contractor shall submit (1) manufacturer's FMV55 self -certification sticker information that the vehicle complies with relevant FMVSS or (2) manufacturer's certified statement that the contracted vehicle will not be subject to FMVSS regulations. Company Name. ARBOC Specialty Vehicles, LLC Name of Signer: lion W. Roberts Title: President & CEO — zeAutherixed signature bate L R7.A �S F: •ii.�ry 77, a(tlJ Exhibit A (Page 58 of 65) 4.6 Attachment 6—Government-Wide Debarment and Suspension (Nonprocurement) Instructions for Certification: By signing and submitting this bid, the prospective lower tier participant is providing the signed certification set out below. (1)It will comply and facilitate compliance with U.S. DOT regulations, "N onprocurem ent Suspension ar.d Debarment," 2 CFR part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement)," 2 CFR park ISO, (2)To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier: a. Are eligible to participate in covered transactions of any Federal department or agency and are not presently: (1) Debarred, (2) Suspended, (3) Proposed far debarment, (4) Declared ineligible, (5) Voluntarily excluded, or (6) Disqualified. b. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgment rendered against any of them for; (1) Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction, or contract under a public transaction, (2) Violation of any Federal or State antitrust statute, or (3) Cuirnmission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property. C. It is not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 21 of this Certification, d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three-year period preceding this Certification, e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a — 2.d above, it will promptly provide that information to FTA, f, It will treat each lower tier contract or lower tier subcontract under its Project as a Covered lower tier contract for purposes of 2 CFR part 1200 and 2 CFR part 184 if it: FC:RTA 56 Feb-uary 27, 2017 Exhibit A (Page 59 of 65) (1) Equals or exceeds $25,000, (2) Is for audit services, or (3) Requires the consent of a Federal official, and g. It will require that each covered lower tier contractor and subcontractor: (1) Comply and facilitate compliance with the Federal requirements of 2 CFR parts 180 and 1200, and j2j Assure that each lower tier participant in its Project is not presently declared by any Federal department or agency to be: a. Debarred from participation in its federallyfunded Project, b. Suspended from participation in its federally funded Project, e. Proposed for debarment from participation in its federally funded Project, d. Declared ineligible to participate in its federally funded Project, e. Voluntarily excluded from participation in its federally funded Project, or f. Disqualified from participation in its federally funded Project, and (3) It will provide a written explanation as indicated an a page attached in FTA's TrAM5 or the Signature Page if it or any of its principals, including any of its first tier 5ubrecipient5 or its Third Party Participants at a Iowertier, is unable to certify compliance with the preceding statements in this Certification Group. Company Name: Davey Coach Sales, Inc. Name of signer: Comer Hobbs Title: TranspoAtion Consultant Authorized 5ipn5tufye I Date ECITA .i7 February 27, 2.017 Exhibit A (Page 60 of 65) 4.7 Attachment 7 — Certification of Restrictions on Lobbying 1 Comer Hobbs, Transportation Consultant Davey Coach sales. lig. {Name and Title}, herby certify on behalf of: {name of bidder/company name} to the best of my knowledge and belief, the following is accurate, complete, and current as of Ma -h 1d, 2017 (Date). I. 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 of employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 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 subcontractors, 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 representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The undersigned certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3901, et seq., are applicable thereto. Company Name: Davey Coach Sales, Inc. Name of Signer: Comer HoblJs Title: TrarAportatian Consultant Date ECRTA ,E February 27, 2017 Exhibit A (Page 61 of 65) 4.8 Attachment 8 — Certification of Bus Testing Program In accordance with the requirements of 49 CFR Part 655, ARBOC Specialty Vehicles, LLC (Manufacturer's Name) certifies that the vehicle model offered in this bid submission corn plies with 49 CFR part 665. A copy of the test report jfor each vehicle bid) prepared by the Federal Transit Adminlstratlon's (FTA) Altoona, Pennsylvania Bus Testing Center is attached to this certification and is a true and correct copy of the test report as prepared by the facility. The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the U.S, Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29. Company name: ARBOC Specialty Vehicles, LLC Name of Signer: ©oil W. Roberts Title: President & CEO Authorized Signature Date CCR' 4 53 F --hr i piir y 7i, 7017 Exhibit A (Page 62 of 65) 4.9 Attachment 9— Illegal Alien Addendum Required in all Public Contract for Services by House Siff 06-1343, Enacted by the Colorado General Assembly and Approved by the Governor on lune 6, 2006 a. By its signature, Contractor certifies that, as of the time of its signature, it does not knowingly employ or contract with an illegal alien and that, in order to verify that it does not employ any illegal aliens, the Contractor has participated or attempted to participate in the basic pilot employment verification program ("Basic Pilot Program") created in Public Law 2018, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security. b. Contractor agrees that it shall not knowingly employ or contract with an illegal alien to perform work under this Contract; and that it shall not enter into a contract with a subcontractor that fails to certify to the contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. c. Contractor has verified, or attempted to verify, through participation in the Basic Pilot Program that the Contractor does not employ any illegal aliens. If Contractor has not been accepted into the Basic Pilot Program prior to entering into this Contract, Contractor shall apply to participate in the Basic Pilot Program every three months until the Contractor is accepted or work under this Contract has been completed, whichever is earlier. This requirement shall not apply if the Basic Pilot Program is discontinued. d. Contractor shall not use Basic Pilot Program procedures to undertake pre-employment screening of job applicants while work under this Contract is being performed. e. If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall; (1) notify the subcontractor and the owner within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the subcontract with the subcontractor if, within three days of receiving the notice required herein, the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly emp'oyed or contracted with an illegal alien. f. The Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S. section 8-17.5-101(5). g. If Contractor violates a provision of this Illegal Alien Addendum, the Owner may terminate this Contract for breach, If the Contract is so terminated, the Contractor shall be liable For actual and consequential damages to the Owner. Contractor understands that, in the event of such a termination, Owner is required to notify the office of the Colorado Secretary of State. =CR. -A 60 rebruary 27, 2017 Exhibit A (Page 63 of 65) Company Name: Davey Coach Sales, Inc. Name of signer: Comer Hobbs Transportation Consultant Title: VV Authorized Signature Rate =CRTA 61 Fubruary 27, 2017 Exhibit A (Page 64 of 65) 4.10 Attachment 10 — Price Sheet Base Bid Price: Total, one unit FOB Gypsum $1493336 Other Optional Equipment or Spare Parts {itemize}; 1. $ 2. $ 3. S Total, optional items per unit; 55 Grand Total, one unit t optional equipment 1491336 49,335 FOB Gypsum: $ V 1 ---RTA 0 February 27r 2017 Exhibit A (Page 65 of 65) 4.11 Attachment 11— Description of Type of Entity and Signature Pages if an individual: doing business as: by: If a partnership:_ doing business as: by: General Partner If a corporation: Davey Coach Sales, Inc. doing business Davey Coach Sales, Inc. by: , President Attest: N -IN \ a�`�► �- , Secretary Business address of Bidder: 7182 Reynolds Drive Sedalia, CO 80135 303-593-8500 866-877-4201 Telephone Number Fax Number corne0i a daveycoach.Qom E-mail Address EC.3TA 63 February 27, 2017 '� CERTIFICATE OF LIABILITY INSURANCE DaTE[05/331/20112DYYYY] 17 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poIicy{ies) must be endorsed. It SUB ROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsemengs). PRODUCER CONTACT JeffWelsh NAME: Welsh Insurance Agency, Inc. PVH°cNr o (970) 663-5404 F°x (970) 663-7183 11752 Topaz Drive E-MAILADDRESSj jeff®wiainsurance.com Loveland, CO 80537 INSURERS AFFORDING COVERAGE NAIL p Phone (970) 663-5404 Fax (970) 663-7183 INSURER A., OWNERS INSURANCE COMPANY INSURED INSURER B Davey Coach Sales, Inc.& TA INVESTMENTS OF COLORADO LLC IIISURERC 7182 Reynolds Dr Sedalia INSURER E: CO 80135-8805 IHSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF ADD 1 R U6 WVD POLICYNUMBER POLICY EFF MfDD1YYYY POLICY EXP MfDD1YY LIMn'S COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,ODD,DDD.DD CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED 1,ODO,ODO 00 PREMISES Ea occurrenoe$ A Y 74OD7051 06/188017 D611812D18 MED EXP {Any one person $ 10,000.00 PERSONAL&ADVNJURY $ 3DD,DDD.DD GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000.00 © POLICY ❑ jECOT ❑ LOC PRODUCTS - COMPIOPAGG $ 1,000,000.00 ❑ OTHER $ AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT 1,000,000 00 Ea accident BODILY N.IU RY (Per parsan) $ ❑ ANY AUTO A ALL OWNED SCHEDULED [� AUTOS ❑ AUTOS Y 44-296647-06 04/288017 048$801$ BODILY INJURY {Per acddent $ NOWOWNEQ L1HIREQAUTOS 0 AUTOS PROPERTY DAMAGE $ Per accident $ ❑ ❑ ❑ UMBRELLA LIAR © OCCUR EACH OCCURRENCE $ 5,0DD,0D0.01) A ❑ EXCESS UAB ❑ CLAIMS -MADE ¢¢296647-09 06/188017 D61188D18 AGGREGATE $ 5,000,000.00 ❑ DED ❑ RETENTION $ $ WORKERS COMPENSATIONPER AND EMPLOYERS' LIAB ILn'Y y I N OTH- ❑ STATUTE ❑ ER E.L. EACH ACC DENT $ ANY PRO PRIETORIPARTNERIEXECUTIVEL] OFFICERRNEMBER EXCLUDED? N IA E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below EL LL DISEASE - POLICY LM IT $ A DEALER BLANKET N 442966471D 06/188017 06/188018 ACTUAL CASK VALUE DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (attach ACORD 1t11, Additional Remarks Schedule, If more space Is required) Eagle County RTA, its associated or affiliated entities, its successors and assigns, elected officials, employees, agent and volunteers are additional insureds under the commercial general liability and automobile policies of insurance. AUTO OWNERS FORM 55202- NO PRODUCTS OR COMPLETED OPERATIONS PROVIDED TO ANY ADDITIONAL INSURED. CERTIFICATE HOLDER Eagle County 3289 Cooley Mesa Road Gypsum, CO 81637 ACORD 25 (2014.'01) OF CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE] Ran—/A" a" ®198&2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD