HomeMy WebLinkAboutC18-064 Davey CoachAGREEMENT FOR EQUIPMENT AND/OR MATERIALS BETWEEN EAGLE COUNTY, COLORADO AND DAVEY COACH SALES INC THIS AGREEMENT ("Agreement"] is effective as of the 03/14/2018 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 -►1.'1 WHEREAS, County desires to purchase a quantity of one (t) 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 8 C18-064 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 3I" day December, 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. 5. 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 $t 54,887.00. 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. 2 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. hereof. ii. The insurance provisions of this Agreement shall survive expiration or termination 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: Jared Barnes 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 81637 Telephone: 970-328-3528 Facsimile: 970-328-3539 E-mail: jared.barnes@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. 4 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 bid submitted on February 15, 2018, 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 bid submitted on February 15, 2018, 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: 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. in. 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 C.RS. 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. 8-17.5401, 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 Prograrn" ) 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: under this Agreement; or Knowingly employ or contract with an undocumented individual to perform Services s 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: https://www.uscis.goy/e-verify 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. 5-17.5-102(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] 7 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. Attest By. .s;o. �.,.s..m...o...wm L�gu� Regina O'Brien, Clerk to the Board COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS L_X_ t Kathy Chandler -Henry, Chair VE R. .s,,. �.,.s..m......wm Print Name: Comer Hobbs Title: Transportation Consultant 8 ECO TRANSIT & TRAILS 970-328-3528 FAX: 970-328-3539 Jared. Barnes@eaglecounty. us www. eaglecounty.0 s F,GLE cour Y ECO T-. itaT. it. Eagle County Regional Transportation Authority (ECRTA) Invitation for Bid # LFC-2017-2 One (1) Law Floor Light Duty Cutaway Bus January 2, 2018 ECRTA 1 January 2, 2018 This page left intentionolly blonk. ECRTA 2 January 2, 2018 Table of Contents 1. Bid Submission and Award Information........................................................................7 1.1 1 ntroduct! on.........................................................................................................................7 2.1 Contract Type and Duration................................................................................................15 1.2 Schedule..............................................................................................................................7 2.2 Acceptance of Material - No Release...................................................................................15 1.3 Deadline for Submission.......................................................................................................7 2.3 Delivery, Delays, and Acceptance........................................................................................15 1.4 Obtaining Bid Documents.....................................................................................................8 2.3.1 P re- De I Ive ry Te sts ..................................................................................................................15 1.5 Bid Format Requirements.....................................................................................................8 2.3.2 Post -Delivery Tests.................................................................................................................15 1.6 Inquiries and Addenda..........................................................................................................9 2.3.3 Delivery Procedure.................................................................................................................15 1.7 Receipt of Addenda............................................................................................................10 2.3.4 Delivery Schedule...................................................................................................................16 1.8 Multiple Bids......................................................................................................................10 2.3.5 Assumption of Risk and Loss..................................................................................................16 1.9 Withdrawal of Bid...............................................................................................................10 2.3.6 Title........................................................................................................................................16 1.10 Validity of Bids................................................................................................................10 2.3.7 Manuals and Vehicle Information.........................................................................................17 1.11 Bid Review Procedures....................................................................................................10 2.3.8 Delivery Delays ............................ 1.12 Clarification.....................................................................................................................11 2.3.9 Notification of Delays.............................................................................................................17 1.13 Receipt of Single Bid........................................................................................................11 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..............................................................................................................12 1.18 Pricing.............................................................................................................................12 1.19 Tax Exemption................................................................................................................12 1.20 Limitations......................................................................................................................12 1.21 Confidentiality................................................................................................................13 1.22 Federal Requirements/Certifications to be Submitted......................................................13 1.22.1 VehIcleAccess[ b1lity...............................................................................................................13 1.22.2 Federal Motor Vehicle Safety Standards...............................................................................13 1.22.3 FTA Transit VehIde Requirements.........................................................................................13 1.22.4 Buy America...........................................................................................................................13 1.22.5 Debarment and Suspension...................................................................................................14 1.22.6 Federal Lobbying Activities....................................................................................................14 1.22.7 Bus Testing.............................................................................................................................14 2 Federal, State, and Local Contract Conditions.................................................................15 2.1 Contract Type and Duration................................................................................................15 2.2 Acceptance of Material - No Release...................................................................................15 2.3 Delivery, Delays, and Acceptance........................................................................................15 2.3.1 P re- De I Ive ry Te sts ..................................................................................................................15 2.3.2 Post -Delivery Tests.................................................................................................................15 2.3.3 Delivery Procedure.................................................................................................................15 2.3.4 Delivery Schedule...................................................................................................................16 2.3.5 Assumption of Risk and Loss..................................................................................................16 2.3.6 Title........................................................................................................................................16 2.3.7 Manuals and Vehicle Information.........................................................................................17 2.3.8 Delivery Delays ............................ 2.3.9 Notification of Delays.............................................................................................................17 ECRTA 3 January 2, 2018 2.3.10 Request for Extension............................................................................................................17 2.3.11 Liquidated Damages............................................................................................................... 18 2.3.12 Final Acceptance....................................................................................................................18 2.3.13 Non -Acceptance and Repairs.................................................................................................18 2.4 Payment.............................................................................................................................19 2.4.1 Payment Schedule and Invoicing...........................................................................................19 2.5 Warranty and Recalls..........................................................................................................20 2.6 Service and Parts................................................................................................................20 2.6.1 Spare Parts.............................................................................................................................20 2.7 Disputes.............................................................................................................................20 2.7.1 Contractor Claims against ECRTA..........................................................................................20 2.7.2 Notice of Manager'sDecision................................................................................................20 2.7.3 Contractor's Right to Appeal..................................................................................................20 2.7.4 Failure to Render TimelyDecision.........................................................................................20 2.8 Termination.......................................................................................................................21 2.8.1 Termination for Default.........................................................................................................21 2.8.2 Termination for Convenience................................................................................................21 2.8.3 Contractor Action...................................................................................................................21 2.9 Contractor Responsibility....................................................................................................22 2.10 Insurance........................................................................................................................22 2.11 Maintenance of Records..................................................................................................23 2.12 Privacy............................................................................................................................23 2.13 Access, Audit and Inspection of Records...........................................................................23 2.14 Prohibited Interest - Contractor.......................................................................................23 2.15 Prohibited Interest - ECRTA.............................................................................................24 2.16 Interest of Members or of Delegates to Congress.............................................................24 2.17 Governing Law................................................................................................................24 2.18 Notice of Change in Federal Requirements.......................................................................24 2.19 Buy America and Pre-Award/Post Delivery Audit Requirements.......................................24 2.20 Pre -Award and Post Delivery Audit Requirements............................................................25 2.21 Bus Testing......................................................................................................................25 2.22 Prohibition Against the Use of Federal Funds for Lobbying...............................................25 2.23 Government Wide Debarment and Suspension................................................................26 2.24 Accessibility of Vehicle....................................................................................................26 2.25 Indemnification...............................................................................................................26 2.25.1 Acts and Omissions................................................................................................................26 2.25.2 Personal Injury/Property Loss................................................................................................26 2.26 Cargo Preference.............................................................................................................27 2.27 Contract Work Hours and Safety Standards Act................................................................27 2.27.1 Overtime Requirements........................................................................................................27 2.27.2 Violation; Liability for Unpaid Wages; Liquidated Damages.................................................27 2.27.3 Withholding for Unpaid Wages and LiquidatedDamages.....................................................27 2.27.4 Subcontracts..........................................................................................................................28 2.28 Prompt Payment.............................................................................................................28 2.29 Disadvantaged Business Enterprises................................................................................28 2.30 Civil Rights — Non -Discrimination; DBE; EEO.....................................................................29 2.31 1 nco rpo ratio n of FTA Te rms. .............................................................................................32 2.32 No Obligation By The Federal Government......................................................................32 EsCRTA 4 January 2, 2018 2.33 Program Fraud and False or Fraudulent Statements and Related Actions ... .......................32 2.34 Energy Conservation........................................................................................................33 2.35 Clean Air.........................................................................................................................33 2.36 Clean Water....................................................................................................................33 2.37 Fly America.....................................................................................................................33 3 TECHNICAL SPECIFICATIONS...........................................................................................34 3.1 GENERAL SPECIFICATIONS...................................................................................................34 3.1.1 SCOPE AND PURPOSE............................................................................................................34 3.1.2 DESCRIPTION..........................................................................................................................34 3.1.3 OVERALL REQUIREMENTS AND DIMENSIONS.......................................................................35 3.2 BODY SPECIFICATIONS........................................................................................................36 3.2.1 GENERAL................................................................................................................................36 3.2.2 BODY REQUIREMENTS...........................................................................................................36 3.3 ENGINE/TRANSMISSION REQUIREMENTS............................................................................38 3.3.1 DIESEL ENGINE.......................................................................................................................38 3.3.2 TRANSMISSION......................................................................................................................39 3.3.3 POWER STEERING..................................................................................................................39 3.3.4 FUEL TANK..............................................................................................................................39 3.3.5 ELECTRICAL .............................................................................................................................39 3.3.6 EXHAUST................................................................................................................................39 3.4 SUSPENSION SYSTEM..........................................................................................................40 3.5 CHASSIS..............................................................................................................................40 3.6 TIRES AND WHEELS.............................................................................................................40 3.6.1 TIRES.......................................................................................................................................40 3.6.2 WHEELS..................................................................................................................................41 3.7 BRAKES..............................................................................................................................41 3.8 ELECTRICAL SYSTEM............................................................................................................41 3.8.1 GENERAL................................................................................................................................41 3.8.2 BATTERY.................................................................................................................................42 3.8.3 WIRING...................................................................................................................................42 3.9 INTERIOR CLIMATE CONTROL..............................................................................................44 3.9.1 HEATING/AIR CONDITIONING/DEFROSTING.........................................................................44 3.10 INTERIOR PANELS............................................................................................................44 3.11 SIGNAGE AND DECALS.....................................................................................................44 3.12 SEATING..........................................................................................................................45 3.12.1 GENERAL................................................................................................................................45 3.12.2 PASSENGER SEATING.............................................................................................................45 3.12.3 DRIVER'S SEATING..................................................................................................................46 3.13 FLOOR AND FLOOR COVERING.........................................................................................46 3.13.1 FLOOR.....................................................................................................................................46 3.13.2 FLOOR COVERING..................................................................................................................47 3.14 DOORS............................................................................................................................47 3.14.1 GENERAL................................................................................................................................47 3.14.2 PASSENGER ENTRANCE DOOR...............................................................................................47 3.14.3 REAR EMERGENCY DOOR.......................................................................................................48 3.15 SERVICE COMPARTMENTS AND ACCESS DOORS...............................................................48 3.16 WINDSHIELD AND WINDOWS..........................................................................................48 ECRTA 5 January 2, 2018 3.17 LIGHTING........................................................................................................................49 3.17.1 EXTERIOR LIGHTING...............................................................................................................49 3.17.2 INTERIOR LIGHTING...............................................................................................................50 3.18 FINISH AND COLOR..........................................................................................................50 3.19 STANCHIONS AND GRAB RAILS........................................................................................51 3.20 MIRRORS........................................................................................................................51 3.21 WHEELCHAIR / MOBILITY AID ACCESS..............................................................................52 3.21.1 Ramp......................................................................................................................................52 3.22 WHEELCHAIR/MOBILITY Al D SECUREMENT SYSTEM .........................................................52 3.23 VEHICLE SAFETY REQUIREMENTS.....................................................................................53 3.24 CAMERA SYSTEM............................................................................................................54 3.25 DESTINATION SIGN..........................................................................................................55 3.26 WARRANTY.....................................................................................................................55 4 Bid Attachments............................................................................................................56 4.1 Attachment 1 — Receipt of Addenda....................................................................................56 4.2 Attachment 2 — Delivery Schedule.......................................................................................57 4.3 Attachment 3 - Contractor Service and Parts Support Data..................................................58 4.4 Attachment4—ADACertificat! on........................................................................................ 59 4.5 Attachment 5 — Federal Motor Vehicle Safety Standards (FMVSS) Certification ....................60 4.6 Attachment 6 - Transit Vehicle Manufacturers {TVM} Certification.......................................61 4.7 Attachment 7 — Buy America Certification...........................................................................62 4.8 Attachment 8 — Government -Wide Debarment and Suspension (No nprocurem ent) .............63 4.9 Attachment 9 — Certification of Restrictions on Lobbying.....................................................65 4.10 Attachment 10 — Certification of Bus Testing Program......................................................66 4.11 Attachment 11— Illegal Alien Addendum.........................................................................67 4.12 Attachment 12 — Price Sheet............................................................................................69 4.13 Attachment 13 — Description of Type of Entity and Signature Pages..................................70 ECRTA 6 January 2, 2018 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 IFB # LFC- 2017-2. 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, 13 ambulatory passenger, ADA accessible 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 oralI bids or any parts thereof, when necessary for the 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 (CDOT) through a Federal Transit Administration {FTA} grant and any contract awarded will be subjectto a financial assistance contract between the ECRTA and CDOT. 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 Tuesday, January 2, 2018 5:00 PM MST, Monday, January 15, 2018 5:00 PM MST, Monday, January 22, 2018 2:00 PM MST, Monday, February 5, 2018 Approximately February 19, 2018 ECRTA will receive Bids until 2:00 pm MST on February 5, 2018. 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 1anriary 2, 2018 Jared Barnes Planning Manager 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 MST on February 5, 2018. 1.4 Obtaining Bid Documents Bid documents are available online at http://www.eaglecounty.us/Transit/ or by email at Jared. Barnes @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 -Dealer Completes 4. delivery Schedule — Dealer Completes 5. Contractor Service and Parts Support data —Dealer Completes 6. ADA Certification — Manufacturer Completes 7. FMVSS Certification Requirements — Manufacturer Completes a. Include: Support letter from manufacturer verifying compliance with applicable FMVSS sta nda rds S. Transit Vehicle Manufacturer (TVM) Certification / Support Documentation — Manufacturer or Dealer Completes a. Include: FTA goal concurrence letter for current Federal Fiscal Year 9. Buy America Certification — Manufacturer Completes a. Include: Pre -award domestic content breakdown for vehicle proposed (chassis/subcomponent) b. Include: Pre -award final assembly activities in U.S. 10. Certification of Debarment and Suspension — Submit (1) Certification for Dealer, Submit (1) Certification for Manufacturer 11. Certification of Restrictions on Lobbying - Submit (1 ) Certification for Dealer, Submit (1 ) Certification for Manufacturer 12. Certification of Bus Testing Program - Manufacturer Completes ECRTA 8 1anriary 2, 2018 a. Include with certification: Full Altoona Test Report for vehicle proposed 13. Illegal Alien Addendum - Dealer Completes 14. Price Sheet - Dealer Completes 15. Signature Page - Dealer Completes 16. Certificate for insurance, indicating the bidder's ability to obtain insurance in accordance with the solicitation requirements. 17. 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. 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 regarding the 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 (em oil preferred): Jared Barnes Planning Manager Phone: (970) 328-3528 Eagle County Regional Transportation Authority Fax: (970) 328-3539 PO Box 1070 e-mail: Jared. Barnes@eaRlecounty.us. Gypsum, CO 81637 Unless otherwise instructed by the ECRTA Planning Manager, bidders and their representatives shall not make any contact with, or communicate with, any employee or consultant of the ECRTA regarding 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 Planning Manager, in writing via email only. Requests for clarifications or approved equals will be received up until 5:00 PM MST, January 15, 2018. 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 ECRTA 9 1anriary 2, 2018 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 MST. January 22.2018. 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 ECRTA to 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 the 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. 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. Bidsthat do not comply with these instructions and do not include the required information may be rejected as insufficient. The ECRTA will choose the lowest cost 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. ECRTA 10 1apiriary 2, 2018 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 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 Planning Manager. 1.17 Protest Procedures 1.17.1 Pre -Award Protests Protests concerning the solicitation documents must be submitted in writing to the ECRTA Planning Manager, Jared Barnes, 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 whythe remedy is the appropriate course of action for the ECRTA. ECRTA 11 1apiriary 2, 2018 A written decision specifying the grounds for sustaining all, part of, or denying the protest will be transmitted to the protestor prior to the due date for bids 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 Planning Manager, Jared Barnes, to the 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 the protest; c) Include facts supporting the protest to include any dates or descriptions of the violation; a nd, d) Contain a suggested remedy; include an explanation as to why the remedy is the appropriate course of action for ECRTA. Prior to the issuing of the 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 manner that 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, delivery, training, and support services for this procurement. 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 ECRTAto 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 ECRTA 12 1apiriary 2, 2018 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. No news releases 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 FTA Transit Vehicle Requirements Bidders shall meet all USDOT FTA requirements for transit vehicle manufacturers (TVM). The completed certification of compliance with 49 CFR Part 23 (Participation by Minority Business Enterprise in DOT Programs) shall be submitted with the bid package along with all support documentation to include DBE current FFY goal concurrence from FTA and the manufacturer's DBE program. 1.22.4 Buy America Bidders shall certify the vehicle{s} offered meets applicable and current Buy America requirements. The completed certification of compliance with 49 CFR Part 661 (Buy America Requirements — Surface Transportation Assistance Act of 1982, as amended) shall be submitted with the bid package, along with support documentation identifying pre -award domestic content of the vehicle proposed as well as support documentation of final assembly activities in the United States. ECRTA 13 1apiriary 2, 2018 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. 1.22.6 Federal Lobbying Activities Bidders shall certify that it has 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. 1.22.7 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. ECRTA 14 1apiriary 2, 2018 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 April 16, 2018 (based on protest period) to at maximum April 15, 2019. 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 by the State {CBOT} that is derived from the Technical Specifications section of this procurement. The Contractor will be notified by the 101H 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 Planning Manager. The point of delivery shall be: ECRTA 15 Iaptriary 2, 2018 Eagle County Regional Transportation Authority 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 Planning Manager. 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 each 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 Te m po ra ry Tags Title documentation should include the following as the purchaser name and address on items 1-4: Eagle County Regional Transportation Authority PO Box 1070, 3289 Cooley Mesa Road Gypsum, CO 81637 On items 1 and 31 the Colorado Department of Transportation should be listed as the lienholder: Colorado Department of Transportation — DTR 4201 East Arkansas Avenue, Shumate Building Denver, CO 80222 ECRTA 16 1apiriary 2, 2018 2.3.7 Manuals and Vehicle Information The following manuals/information 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 controls, or by any cause or circumstance beyond the control of the Contractor, as detailed in writing by the Contractor. The time of completion and delivery shall be extended by a number of days to be determined in each instance by the ECRTA Planning Manager. 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 Planning Manager 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 Planning Manager to make a decision on any request for extension. The ECRTA Planning Manager 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 Planning Manager shall notify the Contractor of its 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. ECRTA 17 1apiriary 2, 2018 2.3.11 Liquidated Damages In the event of delay beyond the delivery dates specified in the contract, or as extended by the ECRTA Planning Manager, 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 andthe vehicle passes further inspections. 2.3.13 Nan -Acceptance and Repairs In the event that the delivered vehicle{s} is deemed non -acceptable by the ECRTA, the Planning Manager 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 by the 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 repair schedule. 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. ECRTA 18 1apiriary 2, 2018 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 by the Contractor within five business days after receipt of the request forsaid 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 for this 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. 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 payments in full within thirty (30) 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 Regional Transportation Authority Jared Barnes, Planning Manager P. O. Box 1070, 3289 Cooley Mesa Road Gypsum, CO 81637 Invoices 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 Prices by Line Item ECRTA 19 1apiriary 2, 2018 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 Planning Manager of any recalls pertaining to vehicles under 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. 2.7 Disputes 2.7.1 Contractor Claims against ECRTA All claims by a Contractor against ECRTA relating to a contract, shall be submitted in writing to the ECRTA Planning Manager for a decision. The Contractor may request a conference with the ECRTA Planning Manager on the claim. Claims include, without limitation, disputes arising under a contract, and those based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or revision. 2.7.2 Notice of Manager's Decision After consultation with legal counsel, the ECRTA Planning Manager shall promptly issue a decision in writing, which shall be immediately mailed or otherwise furnished to the Contractor. The decision shall state the reasons for the decision reached, and shall inform the Contractor of its appeal rights under 2.7.3 of this section. 2.7.3 Contractor's Right to Appeal The ECRTA Planning Manager's decision shall be final and conclusive unless, within thirty calendar days from the date of receipt of the decision, the Contractor mails or otherwise delivers a written appeal to the ECRTA Board of directors or commences an action in a court of competent jurisdiction. 2.7.4 Failure to Render Timely Decision If the ECRTA Planning Manager does not issue a written decision regarding any contract controversy within thirty days after written request for a final decision, or within such longer ECRTA 20 1apiriary 2, 2018 period as may be agreed upon between the parties, then the aggrieved party may proceed as if an adverse decision had been received. The "disputes" clause does not preclude consideration of questions of law in connection with decisions provided for above, provided that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. 2.8 Termination 2.8.1 Termination for Default The ECRTA Planning Manager, 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. 2.8.2 Termination for Convenience The ECRTA Planning Manager, 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. 2.8.3 Contractor Action After receipt of a notice of termination, and except as otherwise directed by the ECRTA Planning Manager 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 Planning Manager, 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 ECRTA 21 1apiriary 2, 2018 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 Planning Manager, to the extent s/he may require, which approval or ratification shall be final for all purposes of the clause; 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 work terminated. 2.9 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. 2.10 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, personal/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 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. ECRTA 22 1apiriary 2, 2018 2.11 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 the ECRTA representatives upon request. 2.12 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 FTA. 2.13 Access, 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 afterthe 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 18.39{i}{11}, 2.14 Prohibited Interest - 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. ECRTA 23 1apiriary 2, 2018 2.15 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 ECRTA'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. 2.16 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, or to any benefit arising thereof. This shall not be construed to prevent any such person owning stock in a publicly -held corporation. 2.17 Governing Law The contract shall be interpreted under and governed by the laws of the State of Colorado. 2.18 Notice of Change in Federal Requirements Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the purchaser and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract. 2.19 Buy America and Pre-Award/Post Delivery Audit Requirements Contractor shall comply with 49 USC 53230) and 49 CFR 661, as amended by the FAST Act, stating that Federal funds may not be obligated unless steel, iron and manufactured products used in FTA -funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include software, microcomputer equipment and small purchases (currently less than $150,000) made with capital, operating or planning funds. Separate requirements for rolling stock are stated at 5323(j){2){C) and 49 CFR 661.11 and as amended by the FAST Act. Rolling stock must be manufactured in the US and have a minimum 65% domestic content for all vehicle deliveries in FFYs 2018 and 2019. The bidder shall submit appropriate Buy America certification to the recipient with all bids on FTA -funded contracts, except those subject to a general waiver. Proposals not accompanied by a completed Buy America certification shall be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If contractor certifies compliance with Buy America, it shall also submit documentation listing: A. Component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and ECRTA 24 1apiriary 2, 2018 B. The location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly. This documentation will be submitted at the time of solicitation as well as after delivery. Pre -award documents {A&B} define the vehicle as proposed. Post -delivery certifications {A&B} define the vehicle as built. 2.20 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 vehicle is 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. 2.21 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. 2.22 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 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 ECRTA 25 1apiriary 2, 2018 respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the ECRTA. 2.23 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 (No nprocurement)," 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 Recipient will provide immediate written notice to the: (a) FTA Regional Counsel for the Region in which the Recipient is located or implements the Project, {b} FTA Project Manager if the Project is administered by an FTA Headquarters Office, or {c} FTA Chief Counsel. 2.24 Accessibility of Vehicle The Contractor agrees that any vehicle delivered to the ECRTA underthis procurement shall comply with the requirements of 49 CFR Part 39, "Americans with Disabilities Act (ADA) Accessibility Specifications forTransportation Vehicles." 2.25 Indemnification 2.25.1 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. 2.25.2 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 ECRTA 26 1apiriary 2, 2018 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. 2.26 Cargo Preference In the event that ocean shipment is required for any material or commodities pursuant to this contract, the Contractor agrees to utilize privately owned United States -flag commercial vessels to ship at least fifty percent (50%) of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for the United States -flag commercial vessels. The Contractor further agrees to furnish within twenty (20) days following the date of loading for shipments originating within the United States, or within thirty (30) working days following the date of loading for shipment originating outside the United States, a legible copy of a rated "ON BOARD" commercial ocean bill -of -lading in English for each shipment of cargo described herein to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington DC 20590 and to the ECRTA. Contractor further agrees to insert a similar provision in all subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment, material or commodities by ocean vessel. 2.27 Contract Work Hours and Safety Standards Act 2.27.1 Overtime Requirements No Contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such work, to work in excess of forty hours in such work week, unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hour worked in excess of forty hours in such work week. 2.27.2 Violation; Liability for Unpaid Wages; Liquidated Damages In the event of any violation of the clause set forth in paragraph 2.32.1 of this section, the Contractor and subcontractor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 2.32.1 in the sum of $10.00 for each calendar day on which such individual was required or permitted to work in excess of the standard work week of 40 hours without payment of overtime wages required by the clause set forth in paragraph 2.32.1 of this section. 2.27.3 Withholding for Unpaid Wages and Liquidated Damages DOT or the ECRTA shall, upon its own action, or upon written request of an authorized representation of the Department of Labor, withhold or cause to be withheld, from any monies ECRTA 27 1apiriary 2, 2018 payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract, subject to the Contract Work House and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Section 2.32.2. 2.27.4 Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor within these clauses. 2.28 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 subcontractors 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. 2.29 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 1090. 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. ECRTA 28 1apiriary 2, 2018 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. 2.30 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, andguidance, 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 ECRTA 29 1apiriary 2, 2018 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. 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, s pecifica I ly 49 U.S.C. § 5 33 2, 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/orthe 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, specifically49 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, ECRTA 30 1apiriary 2, 2018 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 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 ECRTA 31 1apiriary 2, 2018 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. 2.31 Incorporation of FTA Terms "General Contract Provisions," includes, in part, certain standard terms and conditions required by DOT, whether or not expressly set forth in the contract provisions. All Contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any ECRTA requests that would cause ECRTA to be in violation of the FTA terms and conditions. 2.32 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 partyto 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 identify the subcontractor who will be subject to its provisions. 2.33 Program Fraud and False or Fraudulent Statements and Related Actions The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project. Accordingly, by signing the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. Bidders also acknowledge that if they make, or cause to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance awarded by FTA under the authority of 49 U.S.C. §5307 et se q., the Government reserves the right to impose the penalties of 18 U.S.C. §1001 and 49 U.S.0 §5307 {n} (1) on the Bidder, to the extent the Federal Government deems appropriate. ECRTA 32 1apiriary 2, 2018 Contractor shall include the above two clauses in each subcontract financed in whole or in part with FTA assistance. The clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 2.34 Energy Conservation Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act. 2.35 Clean Air The Contractor shall comply with all applicable standards, orders, or regulations issued following the Clean Air Act, as amended 42 U.S.C. § 7401 et seq. The Contractor shall report each violation to ECRTA, understands, and agrees that ECRTA in turn will report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 2.36 Clean Water Contractor shall comply with all applicable standards, orders or regulations issued following the Federal Water Pollution Control Act, as amended 33 U.S.C. §1251 et seq. Contractor shall report each violation to ECRTA and understands and agrees that ECRTA in turn will report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. Contractor shall include these requirements in each subcontract exceeding $100,000 financed in whole or in part with FTA assistance. 2.37 Fly America Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government -financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. ECRTA 33 1apiriary 2, 2018 Eagle County Regional Transportation Authority Invitation For Bids # LFC-2017-2 ADDENDUM NO. 1 DATE: January 22, 2018 ORIGINAL IFB PROJECT NO: LFC-2017-2 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-2017-2, dated January 2, 2018. I. Inquiries from Vend ors/Manufadurers and ECRTA Responses Forty-four (44) inquiries or approved equals requests regarding the specification details or solicitation/contract requirements were received by 5:00 p.m. MST on January 15, 2018 for the Low Floor Light Duty Cutaway IFB, Project No. LFC-2017-2. The list of inquiries or approved equals, along with ECRTA responses, are provided on pages 1-3 of this addendum. ECRTA IFB LFC-2017-2 January 22, 2018 1 Z 3 4 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ECRTA Invitation for Bid LFC-2017-2 Approved Equals & Clarifications Responses -January 22, 2018 IF Section Reference Request or ASE Eagle County RTA Response KRTA IFG LFC-20117-2 1 1.121.115 Request ing a p p row l of a 26ft max length bus to meet required seat spac i no. See attac hed sa mple 3.1 General Specifications Approved. floor pla n. P lease a cce pt a In us that is 25'438" In um pe r to hu m per for th is In roc ureme nt. Th is m odel a l lows for 3.1.30vera l l Requ i re ments a nd mo re spare in your WAC areas making it easier to tie dow n whee l c ha i rs in this area. See attac had floor Accepted. Dimensions plan. Claval utilizes a "Steel -Safe' construction to provide superior structural integrity for maximum safety and impact protection. All body struct ures a re fixture welded inc l Lid i no both sidewa IIs, the roof, and 3. Z Body Specifications Approved. the rear wall. All jointsa re welded to form the structure with the exception of window radius extr uslo ns wh is h a re mecha n ica I ly fa stened. Eagle Cc u my acce pts a wh icle without rea r tow hoc ks if 3.2 Body Specificat ions Rea r tow hoc ks a re not ava i la In le o n the G lava l low floc r model. not aw ila In le. Please aoce pt that our steel cage construction will be fully welded in lieu of being bonded with 3.2.2 Body Requirements adhesives and bolted. Dur testing has shown that the we ded steel cage construction has proven to be Accepted. a mo re positive method of he Id i ng the st ructu re together. Please accept the use of 3M sealants to protect the exterior joints and seams. 3M is a leader in the 3.2.2 Body Requirements sealant ind ustry and has proven over ti me to provide a quality product that perfo rmswel I in adverse Accepted. conditions. P lease a oce pt so ray foa m insulation in body that be nds the exte ric r ski n to the structure. This 3.2.2 Body Requirements i nsu la tic n has prow n over t i me to i ncrease the strength of t he ve hie le as wel l as In revel i no a wel l- Accepted. insulated and quieter ride. See attached information. 3.3 Engi ne/Tra nsm issio n 2018 Diesel ergine is not a va i la In le from General Moto rs or Ford Motor Company, please accept 6. OL Not accepted or approved. Diesel engine is required. Specification gas engine General Motors chassis for th is o p portu nity.. Please aoce pt the Ford 6.8L V-10 gasoline engine for this procurement. There currently is not a current model yea r light d uty chassis t ha t is be ing ma n ufactu red w it h a d iese I e ngi ne si nce G M d isco nti n ued 3.3.1 Diesel Engine Not accepted or approved. Diesel engine is required. p rod uctio n of the Du ramax i n t he i r cutawa y c hassis. T he next size c hassis t hat has a diese l e ngi ne wo u Id be the Fo rd F550 wh ich wo uld i nc rease the size of the wh icle as we I I as t he cost. Please clarify if you are requiring a limited slip axle on the chassis. The chassis manufacturer does not 3.5 Chassis A limited slip axle on the chassis is requested. offer a no slip rear axle. 3.6.1 Tres P lease detai I the TP MS that yo u req u i re as the c ha ssis 0 EM does not offe r th is. TP MS is not requ i red. 3.8 Electrical System Please aoce pt both batteries located on sta i n less stee l tray in battery box. Accepted. Please see attached picture of our dash/co nso le design for review. This design allows easier driver use 3.8.1 Genera Approved' te wh i le a I lowi no t he dr ir to be ah le to keep his eyes on the road at all times. 3.8.2 Battery P lease a oce pt t ha t both batte ries wi 11 be located in the battery box. Accepted. P lease a oce pt t ha t ou r battery box doo r swi nos o pen he rizo nta I ly a nd not up. Th is a I lows better access 3.8.Z Battery Box Door to the battery box. See picture in attached presentation. Accepted. 3.8.2 Electrical System The first battery is 770 CCA a nd the second one is only 600. Approved. 3.8.2 Electrica l System The sl ides a re not sta i Hess, on ly the tray. Approved. 3.8.2 Electrical System The battery box door does not swing up. Approved. Eagle Cc u my does not cu rre ntly have a ny cutaways P lease p rovide a p ictu re of the radio a nd to blet eq u ip me nt that you wi l l be insta 11 i no so t ha t we ca n affixed wit h radios o r to b lets so we ca n not p rovidea 3.83 Wiring i n su re that o u r conso le design m atches yo ur requ i re ments picture. We do wa nt the co nsole design to co nside r th is, but are open to solutions. P lease see attached pictu re of o ur dash/co nso le design fo r review. Th is design al lows easie r d river use 3.83 Wiring Approved wh i le a l lowi no t he dr iver to be able to keep his eyes on the road at all times. The interior of the driver's area is OEM except for the front bulkhead which is padded with 3/16 -inch 4.10 Interior Panels Approved' foam and covered with vinyl to aid in noise reduction. 3.10 Interior Panels The dr Iver area interior panels are ABS plastic not padded vinyl. Approved. Bac k of perm a ne nt ambu Tato ry passenger seats to excl ude rea r seats aga i nst the back of t he In us should be covered with a plastic protective cow r.---- The cit iseat model required for the passenger 3.12 Seating No, we are not asking for ABS seat backs in additiol-�. seats is made out of a hard ARS plastic mate ria l, are you aski no for ABS seat backs in add ition to the upper seat back material? We request that seat belts be added to the solicitation. It is the pol icy and practice of the rep needs to a vehicle Approved. If a manwiII 3.1Z.Z Passenger Seating Ma n ufactu re to install, as sta nda rd equipment, passe ager seat be Its on all buses. Th is is to increase safetya nd security for transportation customers. Rejection of seat be on bus would require a liability hideup a b with seat he Its, we will accept that vehicle but do not want to be charged for this addition. waiver to be signed by the end user. KRTA IFG LFC-20117-2 1 1.121.115 ECRTA Invitation for Bid LFG2017-2 Approved Equals &Clarifications Responses- January 22. 2018 KRTA IFG LFC-20117-2 Z 1/21/18 We request t ha t the F reed ma n Feather Weight fold i ng seat he a p p roved a s equa 1. P lease see attached N of a p p roved o r a me pted. Seats a re to he as o rigi na l ly 3.12. Z Passenger Seating literature. specified. The entire frame consists of multiple rails running parallel to each other with cross mem hers forming a ladder style frame. The mainframe ra i is are fo rm ed in the sha pe of C -channel. Each rail is constructed of 50, ODO psi m inimum yield high strength low al Icy steel. A frame notch for the ramp installation is made on the curb side of the main rail, eliminating the upper flange in this area. The notch is rei nfo reed w ith a formed "I" sha ped fra me constr ucted of 50,000 psi minimum yield high strength low al Icy stee 1. Mid-section fra me rai Is rea tra coition fra me rail constr ucted of 100,000 psi 3.13 Floor and Floor Cove ri ng minimum yield high strength low alloysteel.. Rear frame rails are formed in the shape of a C -channel. Approved. Each rail is comt rusted of 50,000 psi minimum yield high strength low al Icy stee 1. A minimum of two (2 ) st ructu ra I M" th ick grade 50 cross m em hers a re i nsta I led i n t he ma i n c hassis. Al I of he r cross me m her a nd outr iggers a re fo rmed o ut of 7 ga. grade 50. A I I cross mem be rs a nd o utrigge rs a re spaced approximately 24" on center. Each fra me joint has a reinforcement plate ow rlap ping the splice. The ma ter ial was prepped in a wash process with calcium In hosp hate d u ri ng a surface clea n i ng tech n iq ue applied prior to the powder mat fi nish before installation. The chassis structure is cow red with 5/8" marine tech 7 -ply plywood. It is attached with a polyurethane ad hesile sealant and mechanically fastened into the cross mem hers. The floor structure 3.13 Floor and Floor Covering Approved, is sea led to kee p o utside elem ents fro m ente ri ng t here hic le with a n expa nda ble, PID lyuret ha ne Spray foam. Standard flooring is Gerflor, Sirius Dune, smooth under the seats and smooth throughout the aisle a nd 3.13 Floor and Floor Covering entry steps with optional colors/ma n ufactu re rs ava i la ble upon request. Floors haw full - length cove Approved. molding, for cleaning ease, extending up to the seat trackand trimmed with an aluminum trim. Please accept that the wheel we I lswi I I he covered with the same materia 1 as t he floor in 1 ie u of a 3.13.1 Floor molded plant is cover. Th is will give better Io ngevity as t he flooring material is less pro ne to cracking Accepted. and carries the same warranty as the flooring. Our wheel housi ngs are 16 ga uge and are not covered witha plastic molded cover. We sp raythem 3.13.1 Floor with poly - urea. Approved Please ame pt Gerflor as an approved equal to the specified Alt flooring. This flooring carries a similar 3.13.2 Floor Covering warra my and is respected flooring in both the heavy d uty and medi u m d uty i nd ust ry. See attached Accepted. information. Entry Door - Clear Opening 40" x 78". The entry door consists of two outward opening pa nets utilizing 3.14 Doors Approved. a n electr is co ntro I ler. Please ame pt a door opening that is 41" wide, has a clear opening of 39" wide by 76" high clear 3.14 .2 Passenger Entry Door Accepted. o pen i ng wit ho ut the entra nce gra b rails and with grab ha nd les 33" wide. 3.143 Rear Emergency Door Please ame pta In roper ly sized gas str ut for the rear door hold open. Accepted. Side passenger windows are transit style 1/8" thick tempered glass top sliders with a 20% Tight 3.16 Windshield and Windows Approved, t ra nsm itti ng ti nt. The wi ndow Size is 46%"wx32%"h. P lease a me pt a so l id pa ne wi ndow. Th is wi ndow red uses we ight as wel l as m i ni m b ing a ny pote ntia l Not a p p roved o r a me pted. Pa sse nger wi ndows a re to be 3.16. Windshield and Windows water lea ks t hat are more preva le nt on to p T sl ide wi ndows. as o rigi na l ly spec ified. P lease a me pt a n exte rio r LED light in the sk in behind the door and astrip LED light abow the door 3.17.2 Interior Lighting o pen i ng j ust i nside the bus fo r the l ighti ng i n the ra m In a rea. This corn bi natio n exceeds the ADA l ghti ng Accepted. req ui reme nt and mi n i mixes any exposure of the I ights to o utside elem ents. See a ttac had In ictu re. 3.17.2 Interior Lighting The step we111 ights o perate wit h the a nt ry doo r, not with the ra m p. Approved. Please provide some additional pictures of the exterior of the buses so that we can get an accurate 3.18.1 Exterior Pa int and Graphics Only require delivery ofawhite bus. paint quote. Please cla r ify if you wi l l req u i re a ny exter for co to r besides wh ite. 3.20 Mirrors Request ing a In In row l of Rosso brand heated/remote m i rrors with flat glass& convex glass. Approved. Please ame pt Rosco heated remote mirrors for this procurement. Th is also al lows you to have the 3.20 Mirro rs sa m e vendo r fo r the exterio r m i r ro rs as t he bac ku In ca me ra syste m with t he rea r view mi rro r screen. Accepted. See attached information. Please ame pt a n afte rma rket REI radio for this procurement as the chassis OEM does not offer aAccepted. 3.23 Vehicle Safety Requirements Bluetooth enabled radio. We also req uest yo u accept t he OEM AM/FM/C D/ MP3 radio as eq u il.¢le nt. We request a pp row to use Twin Vision Mob i l ite signs for this procurement. These LED signs meet all Not a In In roved o r a me pted. Desti natio n sign is to be as A DA requirements and are an easier and more cost effective system for the agency to operate. See 3.24 Destination Signs attached information. orginallyspecified. KRTA IFG LFC-20117-2 Z 1/21/18 44 C IKI A In Vliai ion for DIU LM-LV11'-C Hp proven CQ Lid IS 6c ll any lcaxions We request the fol lowi ng c ha ages, per ca mera mfg. recommendations. (21 RR -H DCW1 Cam (SG, split this up into two cameras, 1 for curb side and 1 for street side) (1) RR -H DCWITG Wedge ca mera with tem pered glass (SG, is th is for the rear pumper, suggest RR- SystemHDCTD115 instead 1) RR- HDEH Environmental enclosure {don't need this if the DVR is in the upper pocket above the driver) (1) RR -H DG PS GPS (don't need this, GPS comes from the WC330 router) 1I RR-HDWC32GA Router (we so Id HDWC330 to Eagle, not th is model I are amendi ng the specificatio n to req ui re the Dwi ng Apo I b ca mera syste m RR- HDROB-20DO DVR with ZTB drive RR-HDCf1 Fwd Fac ing ca mera RR -HDR DI RA100 Interior camera RR-HDCW 1 Cam RR-HDCr D115 RR-HDICCA Camera cables, length TBD RR- HDEH Envi ron me nta I enclosure RR-HDWC330 Router RR-HDA22GA Ant ECRTA IFG LFC-20117-2 3 1�Z1�18 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 be 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 be 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 vehicle 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 a new, current year production of light dutytransit 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 (FM CSR), and the Environmental Protection Agency (EPA) regu- lations in effect at the date of manufacture and the Manufacturer shall so certify. ECRTA 34 1apiriary 2, 2018 The vehicle shall comply with all federal, state, and local regulations including the Altoona 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= 13 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. = E iE RmrRur Exterior Length and Width: The length and width of the vehicle shall be the minimum necessary to satisfy the specified seating configurations 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 le ngth. 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, ECRTA 35 japiriary 2, 2018 verified by a weight ticket, plus the weight of the passengers (minimum 150 pounds for each 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 fIoorplan 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 4WAWC14014I.Al4 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 bus an additional 3 inches when the passenger door is opened. 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. The vehicle body shall incorporate prime commercial quality zinc -coated steel, aluminum - coated steel, stainless steel, galvanized steel, aluminum, or aluminum alloy. ECRTA 36 1apiriary 2, 2018 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 steel cage with urethane adhesive. Roof super -structure shall be constructed of a 1 -piece seamless construction. Roof panel shall include lap side panels by 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 superstructure. 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 has an imperfection 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 exteriorjoints 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 fortesting is required for a minimum of 10 minutes. A certification of the water test result shall 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.") 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 bumpers 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 ECRTA 37 1apiriary 2, 2018 failure. 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 X No Noted Exceptions (list all section exceptions for consideration here): 3.3 ENGINE/TRANSMISSION REQUIREMENTS f���F��71�����►[c'11►1� 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 ejection (EFI) 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 oil 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 1500 RPM on diesel engines. Intermotive Advanced Fast Idle System (AFIS), Gateway module, or approved equal, capable of being actuated by either driver, a voltage ECRTA 38 1apiriary 2, 2018 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. f49:wmIII :7_ 0MLrjI"Irel ►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. 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 by the 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. 3.3.5 ELECTRICAL 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. f4W.N.-IN X 1:1_TIJi i Exhaust system shall be equipped with a heavy duty, corrosion resistant exhaust system which meets or exceeds FMV55 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 39 1apiriary 2, 2018 should be enough tailpipe 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. 3.6 TIRES AND WHEELS Vehicle 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. ECRTA 40 1apiriary 2, 2018 4WWMT►TI:I44k1 Vehicle shall be equipped with the heaviest duty 15 inch (minimum), 1 piece ventilated steel wheels recommended forthe GVWR and tires specified. All wheels shall be interchangeable. OEM lug nut indicators if available from OEM shall be installed on all wheels. WWAKI-TIMM5 Brakes shall be hydraulic self-adjusting power front and rear discs with an anti-lock ABS system. Electronic stability ortraction 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 vehicle'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/Brakes Yes x No Noted Exceptions (list all section exceptions for consideration here): 3.8 ELECTRICAL SYSTEM 3.8.1 GENERAL The vehicle shall be equipped with a heavy-duty (12 volt) electrical system. All components are to be selected and integrated to function in an environment characterized by low engine (alternator) speeds and high amperage draws due to lights, air compressor, wheelchair ramp, 4 -way flashers, air conditioning/heater, and other accessories in constant operation. ECRTA 41 1apiriary 2, 2018 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. X14:jvm:Tilt Ik14.Y1 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 shall 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 airtight 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. 4N W.MYN 1.11010 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 in a protected area. All wiring shall be in a loom and secured for maximum protection. Clamps shall be rubber or plastic coated to prevent them from cutting the wiring insulation. ECRTA 42 1apiriary 2, 2018 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 lines as close to chassis frame rails as possible. Any harness that goes over the rear suspension shall be encased in a conduit fixture securely fastened to the sub -floor rails 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 OEM electrical system shall be accomplished through connectors supplied by the chassis manufacturer using locking mating connectors. A legend shall be provided on the circuit panel door that displays circuit fusing and identification information. Complete "as built" wiring schematics shall be provided with each vehicle, specifically matching the vehicle provided with all options included. 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 equipment 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. Bidder Meets Section Specifications — 3.8 Electrical System Yes X No Noted Exceptions (list all section exceptions for consideration here): The first battery is 770 CCA and the second one is only 600 - approved in AE's The slides are not stainless, only the tray - approved in AE's The battery box door does not swing up - approved in AE's ECRTA 43 1apiriary 2, 2018 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 units 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. 3.11 SIGNAGE AND DECALS All signs required by state and federal law regarding safety and operating procedures shall be affixed to each 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. ECRTA 44 1apiriary 2, 2018 Bidder Meets Section Specifications — Climate Control/Interior Panels/Signage & Decals Yes X No Noted Exceptions (list all section exceptions for consideration here): The driver area interior panels are ABS plastic not padded vinyl - approved in AE's 3.12 SEATING 4*110AWC14►14:7_ R The Bidder shall provide a detailed floorplan and seating drawing that is to scale and meets passenger -seating and loading requirements. drawing shall show the location and dimensions of all seating positions, drivers position, aisles, doors, wheelchair/ tie down locations, and other passenger assists as applicable. All seating, including driver, shall comply with applicable FMVSS requirements. 4N11040a]_ IRI 40144X11_t11110rcl All passenger seating shall be Freedman Citiseat or approved equal. All seats shall be covered with Freedman Level 6 La France Mills 398 Twilight or approved equal. Seat installation shall meet FMVSS 207 standards. 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. Back of permanent ambulatory passenger seats to exclude rear seats against the back of the bus should be covered with a plastic protective cover. No seat belts are to be provided on passenger seating. Foldaway seats shall be Freedman Citiseat model foldaway seat or approved equal. Fabric and seat type to match all other passenger seats. ECRTA 45 1apiriary 2, 2018 ■ 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 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 similarto 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 the 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 La France 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): Please note that LaFrance mills is out of the bus business now, but we have enough upholstery from them to handle the driver and passenger seats for this bus. 3.13 FLOOR AND FLOOR COVERING 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 46 1apiriary 2, 2018 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. 3.13.2 FLOOR COVERING 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. 4NElfa:7AIIRI401 41.140t1I.Al0[ll:1Bills] :1 The passenger entry door must be dual panel, swing out type, electrically operated and have two windows. ECRTA 47 1apiriary 2, 2018 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. 3.14.3 REAR EMERGENCY DOOR 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 bythe 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 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 ortop 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 48 1apiriary 2, 2018 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 meet 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 windshield and the passenger entrance door{s} to eliminate 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 and 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 OEM glass and uniformly tinted. Windshield shall have a heavier tint band above eye level, if available from OEM. The windshield will be equipped with minimum two -speed electric windshield wipers with intermittent feature. Bidder Meets Section Specifications — Floor/Doors/Windshields/Windows Yes X No Noted Exceptions (list all section exceptions for consideration here): Our wheel housings are 16 gauge and are not covered with a plastic molded cover. We spray them with poly -urea - approved in AE's 3.17 LIGHTING 3.17.1 EXTERIOR LIGHTING The vehicle shall be equipped with center -top mounted third brake light, tail brake lights, rear turn signals, back-up lights, and state license tag lights that are LED fixtures. All rear exterior lights integrated into rear ABS Cap. ECRTA 49 1apiriary 2, 2018 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 (1) exterior overhead door light and two (2) LED stepweII lights to illuminate the entry floor ramp platform, per USDOT ADA 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. ECRTA 50 Iapiriary 2, 2018 3.19 STANCHIONS AND GRAB RAILS All stanchions and grab rails shall be 1 % inch stainless steel. Vertical stanchions shall be secured top and bottom with bolts to ceiling and floor metal framing to prevent twisting. 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 padded modesty panel located behind the driver's seat. There shall be a smoked, shatterproof, plexiglass 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 not impair driver's seat adjustments. Overhead rails required by ADA provisions shall be at height of 71 inches to the top of the handrails from vehicle floor. The rails shall be fastened into structural metal body members or metal plates. Handrails and stanchions shall be provided in the entrance 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 with 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 SAE - 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 5 x 15 inch interior passenger -viewing mirror shall be provided and mounted in such a way to allow the driver to easily view passenger activity in the vehicle from the driver's seat. Bidder Meets Section Specifications — Lighting/Finish and Color/Stanchions/Mirrors Yes X No Noted Exceptions (list all section exceptions for consideration here): The step well lights operate with the entry door, not with the ramp - approoved in AE's ECRTA 51 1apiriary 2, 2018 3.21 WHEELCHAIR / MOBILITY AID ACCESS 3.21.1 Ramp. The entry ramp shall be either a Braun or Ricon 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 an 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 % inch and shall accommodate both four-wheel and three -wheel mobility aids. 3.22 WHEELCHAIR/MOBILITY AID SECU REM ENT SYSTEM Securement system shall be Q'Straint QRT deluxe for Slide 'N' Click or approved equal. Floor anchorage points shall be Q'Straint Slide 'N' Click pucks or approved equal, utilizing corrosion resistant steel or aluminum. All anchorage points shall be recessed and nominally flush with the floor to prevent a tripping hazard. Recessed area shall be sealed priorto anchorage point installation to prevent the intrusion of water. Anchorage points shall be secured in accordance with all applicable FMVSS regulations. Eagle County requires five Slide 'N' Click pucks to be installed per the floorplan diagram on page 30 on the driver side wheelchair placement. The curb side wheelchair placement will include only the standard four {two front /two rear} wheelchair puck placements. For each securement system installed in the vehicle, a corresponding occupant restraint system shall also be provided that is wall mounted and adjustable. Occupant restraint system shall meet ADA requirements and all applicable FMV55 requirements. Lap belt, included as part of the occupant restraint system, shall be 108 inches. 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 shall be provided adjacent to the wheelchair securement locations and seats for requesting stops to alert the driver that a passenger wishes to disembark. This shall include both audible (chime) and visual (stop request) system. For ambulatory passengers, the audible controls shall be mounted at a height easily accessible for the passengers to use. For mobility -impaired passengers, the controls shall be mounted no higher than 48 inches and no lower than 15 inches above the floor. All controls shall be operable with one hand and ECRTA 52 1apiriary 2, 2018 shall not require tight grasping, pinching or twisting of the wrist. The force required to activate the controls shall be no greaterthan 5 foot-pounds. Bidder Meets Section Specifications — 3.21 & 3.22 Wheelchair/Mobility Aid Access/Securement Yes X No Noted Exceptions (list all section exceptions for consideration here): 3.23 VEHICLE SAFETY REQUIREMENTS The instrument panel shall be OEM 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; and Speedometer with Trip Odometer, 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{s} shall be provided. driver sun visor, to match vehicle interior, shall be provided. driver's coat hook shall be provided in the driver's area. 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 of vehicle shall be mounted. Athree (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. ECRTA 53 1apiriary 2, 2018 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 rear shall 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 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 HI] (IP) system. (1) RR-HDR08-2000 DVR with 2TB drive (1) RR-HDCf1 Fwd Facing camera (3) RR-HDCTDIRA85 Interior camera (2) RR-HDCW1 Cam (1) RR-HDCW1TG Wedge camera with tempered glass (7) RR-HDICCA Camera cables, length TBI7 (1) RR- HDEH Environmental enclosure (1) RR-HDGPS GPS (1) RR-HDWC320A Router (1) RR-HDA220A Ant Cradlepoi nt 600 AT&T router. 2 TB drive. ECRTA 54 1apiriary 2, 2018 3.25 DESTINATION SIGN Luminator Horizon SMT automatic electronic destination sign system or approved equal. Signs shall be supplied on the front and right side. Signs must comply with ADA requirements and be of the largest size the bus will accept. Bidder Meets Section Specifications —Camera System / Destination Sign Yes X No Noted Exceptions (list all section exceptions for consideration here): 3.26 WARRANTY Minimum warranty coverage shall be as follows: OEM Chassis: Engine, Transmission, Axles Body Structural: Wheelchair Ramp Parts Wheelchair Ramp Labor 3 years 36,000 miles 5 years 100,000 miles 2 years unlimited miles 1 year/ unlimited miles Bidder Meets Section Specifications — 3.26 Warranty Yes X No Noted Exceptions (list all section exceptions for consideration here): ECRTA 55 1apiriary 2, 2018 4 Bid Attachments 4.1 Attachment 1— Receipt of Addenda The undersigned acknowledges receipt of the following addenda to the I173 documents. NO ADDENDA WERE RECEIVED (Give nurn ber and date of each): Failure to acknowledge receipt of all addenda may cause the hid to be considered non-responsive. Company Name: Davey Coach Sales, Inc. Name of Signer: Comer Hobbs Title: Transportatigq Consultant 2/1/18 Authorized Signature Date FC RTA 56 January 2, 2018 1!22/18 Addendum No.16 Dated Addendum No.13 Dated Addendum No.13 Dated Addendum No. D Dated Addendum No.❑5 Dated Failure to acknowledge receipt of all addenda may cause the hid to be considered non-responsive. Company Name: Davey Coach Sales, Inc. Name of Signer: Comer Hobbs Title: Transportatigq Consultant 2/1/18 Authorized Signature Date FC RTA 56 January 2, 2018 4.2 Attachment 2 — Delivery Schedule The bidder shall furnish the following delivery information that will become part of any contract entered Into pursuant hereto. Each specified unit shall be delivered to ECRTA in First Class condition and Contractor shall assume all responsibility and liability Incidental to paid delivery. Bidder/Contractor acknowledges daily liquidated damages fee of $100 per calendar day if delivery is made after agreed delivery date. Number of days to commence delivery subsequent to receipt of finalized contract: 180-240 /2- -),/1 11 f ECRTA 57 January 2, MIS 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: 303-683-9500 Describe technical services readily available from said representative: 15,000 sq. ft. facility for sales, parts, service, & warranty — Location of Parts distribution Center in Colorado Name: Davey Coach Sales, Inc. I address: 7182 Reynolds Drive, Sedalia, CO 80135 Telephone: 303-683-9500 Describe the extent of parts available at said center: 15,000 sq. ft. facility for sales, parts, service, & warranty — Policy for delivery of parts and components to be purchased for service and maintenance: Regular method of shipment: UPS ground (usually gets there the next day if being shipped from Davey Coach Cost to the ECRTA: Cost is based on shipment size & weight E E RTA 58 January Z, 2018 4.4 Attachment 4 —ADA Certification The bidder hereby certifies that !t will comply with the requirements contained In this IFB relating to vehicle design orspecial equipment required bythe Americans with 0isabllltles Act of 1990. company Mara: ARSDC Specialty Vehlclea, LLC Hsme of Signer: Don W. Rab6rtS Tieie: President Autharkod Signature . 1131118 Date Euro 59 January Z 2013 4.5 Attachment 5 — Federal Motor Vehicle Safety Standards (FMVSS) Certification ARBOC Specialty Vehicles, LLC hereby certifies that the vehicle offered meets (Manufacturer's Name) all applicable U.S. Federal Motor vehicle 5afety5tandards. The Bidder and (if selected) Contractor shall submit (1) manufacturer's FMVSS self -Certification sticker Information that the vehicle complies with relevant FMVSS or (2) manufacturer's certified statement that the contracted vehicle will not basubject to FMVSS regulations. Company Name: ARBQC Specialty Vehicles, LLC Name of5liliner. Don W. Roberts Title: President Authorized Signature Date 61) January 2, 2M 8 4,6 Attachment 6 -Transit Vehicle Manufacturers (TVM) Certification The Bidder, If a Transit Vehicle Manufacturer (Tvm), hereby certifies that Is has compiled with the requirements of 49 LFR, Section 26,49 by submitting an annual DEE j WOE goal to the Federal Transit Administration (FTA). The goals apply to Federal Fiscal Year 2014 and have been approved or not disapproved by FTA (circle one). The Bidder, if a Dealer or non manufacturer suppi ler, hereby- certifies that the manufacturer of the transit vehicle to be supplied has complied with the above referenced requirement of 49 CFR Section 26.49 and that I am duly authorized by said manufacturerto make this certification. ARBCC Specialty Vehicles, LLC Name ofTVM Manufacturer/ Dealer Dan W. Roberts President Type or Print Name Title Ta 6: kin uory2. NIS 1/31./18 Authorized Signature of Representative Date Dan W. Roberts President Type or Print Name Title Ta 6: kin uory2. NIS 4.7 Attachment 7 -- Buy America Certification Certification of Compliance The bidder or offeror (manufacturer) hereby certifies that it will comply with the requirements of 49 U.S.C. 532301(2)(c), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the applicable regulations of 49 CFR 661. 11. Company Name: ARBOC Specialty Vehicles, LLC Name of Signer: Dan W. Roberts President , j /3 Authorized Signature Certification of Nort-Comp8ance 1131118 Date The bidder or offeror (manufacturer) hereby certifles that it cannot comply with the requirements of 49 U.S.0 5323(j)(2)(c), and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirement consistent with 49 USC 5tctions 5323()1121(0) or 0i(211D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 CFR 661.7, Company Narna: Name of Signer: Title: Authorized Signature dare = January 2, 2018 4.8 Attachment 8—Government-Wide Debarment and Suspension (Nonprocurement) Instructions for Certification: By, signing and submitting this bad, 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, "Nonprocurement Suspension and 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 part1$0, (2) To the best of its knowledge and belief, that its Principals and Subrecipients atthe first tier: a. Are eilgible to participate in covered transactions of any Federal department or agency and are not presently; (1) Deba rred, (2) Suspended, (3) Proposed for 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 dv+l judgment rendered against any of them far: (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) Commission 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 2.b of this Certlficatlon, 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 180 if it: {�S January 2, 2018 (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 1 CFR parts 180 and 1200, and (2) Assure that each lower tier participant in Its Project is not presently declared by any Federal department or agency to be: a. Debarred from participatian In its federally funded Project, b. Suspended from participation in Its federally funded Project, c. Proposed for debarment from participation In Its federailyfunded Project, d. Declared Ineligible: to participate in its federal IV funded Project, e. Voluntarily excluded from participation in Its federally funded Project, or f. Disqualified from participation in Its federally funded Project, and 131 It will provide a written explanation as indicated an a page attached in FTXs TrAMS or the Signature Page if it or any of its principals, Including any of its first tl e r Su brecipi ents; or its Third Party Participants at a lower tier, Is unable to certify compliance with the preceding statements In this Certification Group. company hiamr. ARBOC Specialty Vehicles Name of Signer: Don W. Roberts Title: President J 9131118 Authorized Signature Date [--ITA :4 lanuary 2, 201a 4.8 Attachment 8—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. DDT regulations, "Nonprocurement Suspension and 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 part 180, (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 for debarment, (4) Declared ineligible, (5) Voluntarilyexcluded, 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) Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making any false statement, or receiving stolen property, G. 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 2.b 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 180 if it: [,'RTA fi3 January Z 2018 (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 (2) 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 federally funded Project, b. Suspended from participation in its federally funded Project, c. 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 on a page attached in I`Ws TrAMS or the Signature Page if It or any of its principals, Including any of its first tier Subrecipients or its Third Party Participants at a lower tler, 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: Transption "i sultant 0211118 Authorized Signature Date E{RTA 114 January 2. 2013 4.9 Attachment 9 — Certlfication of Restrictions on Lobbying i, Don W. Roberts, President ;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 Imine (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 ail 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 shat€ be subject to a civil penalty of not less than $10,000 and not mare 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 3801, et seq., are applicable thereto. Company Name: ARBOC Specialty Vehicles, f_Lir Name o! Signer: Don W. Roberts Title: President Authorized Signature 1131118 Date F -WA f•5 JanuarVZ 2078 4.9 Attachment 9 —Certification of Restrictions on Lobbying 1, comer i•iobbs - Transportation consultant (Name and Title), herby certify on behalf of: o&"°i'Coach SHIM. ina.(name of bidder/company name) to the best of my knowledge and belief, the following is accurate, complete, and current as of 211118 [Date]. 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned to any person for influencing or attempting to influence an officer 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 malting 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 Farm -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 las 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 $100,040 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 3801, et seq., are applicable thereto. Company Name: Davey Coach Sales, Inc. Name of Signer: Comer Hobbs Title: Trans"ation Consultant 2/1/18 Authorized Signature Date ECRTA 65 January 2,201.3 4.I0 Attachment 10 — Certification of Bus Testing Program In accordance with the requirements of 49 CFR Part 665, ARBOC Specialty Vehicles, LLC (Manufacturer's Name) certifies that the vehicle model offered in this bid submission comply with 49 CFR Part 665. A copy of the test report (for each vehicle bid) prepared by the Federal Transit Administration's SFTA) 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 asslstance 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. Don W. Roberts Title; President 4, J �a Authorized Signature Date 66 J"USry2' 418 4.11 Attachment 11— Illegal Alien Addendum Required in all Public Contract for5ervlces by House Bill 06-I343, Enacted by the Colorado General Assembly and Approved by the Governor on June 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 208, 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 Agreement 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 Agreement 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 employed 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. ECRTA 67 January 2, 2618 Company Name: Davey Coach Safes, Inc. Comer Hobbs Name of Signer: Transportation Consultant Title: �1 211/18 Date -ECETA so January 2, 2018 4.12 Attachment 12 — Price Sheet Base Bid Price: Total, one unit FOB Gypsum $ 154,887 Other Optional Equipment or Spare Parts (itemize): 1. 2. 3. Total, optional items per unit: Grand Total, one unit + optional equipment FOB Gypsum: $ 1541887 1542887 EKRFA January 2, 2018 4.13 Attachment 13 — Description of Type of Entity and Signature Pages If an individual: doing business 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: f Secretary Business address of Bidder: Davey Coach Sales, Inc. 7182 Reynolds Drive Sedalia, CO 80135 303--083--9500 866-877-4201 Telephone Number Fax Number comerh@daveycoach.com E-mail Address ECRTA 70 January 2, 2018 DAVECOA-01 KSCHINEID ,4cQRo CERTIFICATE OF LIABILITY INSURANCE FoATEtMMoomvvy �4 . 03/01/2018 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 BYTHE 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condition sof the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement[s]. PRODUCER Risk Consulting Partners B112 Maryland Ave. Suite 400 Clayton, MO 63105 INSURED Davey Coach Holdings Inc 71 B2 Reynolds Drive Sedalia. CO BO135-BB05 COVERAGES CERTIFICATE NUMBER: coNTACT Kyle Schneider NAME: (AC.r PHONE. Ext). (314) 678-1200 !!SURER F REVISION NUMBER: 394-1751 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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. NSR TYPEOF114URANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRA X COMMERCIAL GENERAL LIAerurry . CLAIMS -MADE FKOCCUR 630-6J394004 06/18/2017 06/18/2018 EACH OCCURRENCE 11000,000 DAMAGE TO RENTED ISES (Ea occurrence) 100,000 _ MED EXP [Any one person 51000 PERSONAL& ADV INJURY 11000,000 EN-LAGGR ATE LIMITAPPLIES PER: x POLICY JpT F-1 LOC GENERAL AGGREGATE 11000,000 PR ❑ - COMPIOP AGG $ 11000,000 HER' B AUTOJIOBILELIABILrrY COM BIN E D 8 ING LE U MIT (Eaaccide 1,000,000 X ANY AUTO BA-6J419B99 06/18/2017 06/18/2018 BODILY INJURY[Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJU RY[Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOSONLY PROPERTY DAMAGE A UMBRELLALIABx OCCUR H OCCURRENCE 51000,000 TE 5,000,000 EXCESS UABCLAIMS-MADE �LDED 6494004 06/18/2017 06!1812018 -AGGRE I I RETENTION $ WORKERS COMPENSATION PEROTH- STATI ITE FR AND EMPLOYERS' LABILITY Y 1 N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER;MEMBER EXCLUDED? (Mandatory In NH) NIA E.L. EACH ACXIDENT E.L. DISEASE - EA EMPLOYE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT B Garage & Dealers 6J378759 06/18/2017 06/18/2018 Actual Cash Value DESCRIPTION OF OPE RATIO NSI LOCATIONS 1 VEHICLES {ACORD 101, Additional Remarks Schedule, may beanachad If more space Is required} Eagle County Its associated or affiliated entitles, Its successors and assigns, elected officials, employees, agents and volunteers are additional insureds under the commercial general liability and automobile policies of insurance. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box B50 Eagle, CO B1631 AUTHORIZED REPRESENTATIVE ACORD 25 (2016,'03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD