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Metro Area Transit
REQUEST FOR
PROPOSAL
Paratransit Bus
Published Date February 27, 2014
Final Submission Deadline March 14, 2014
4:00 PM
The City of Fargo Transit capital is partially funded by the North Dakota Department of Transportation, and up to
85% by the Federal Transit Administration.
2
City of Fargo
Metro Area Transit
Request for Proposal
SUBMITTALS
Sealed proposals will be received by the City of Fargo Auditor’s Office at 200 3rd Street North, Fargo, North Dakota
58102, for the purpose of purchasing three (3) new 158“ Para-transit buses. Proposals will be received until 4:00 PM
Central Standard Time, March 14, 2014.
Bids will be opened and reviewed by the selection committee Monday March 17, 2014.
CITY OF FARGO RIGHTS
The City reserves the right to cancel this RFP in writing or postpone the date and time for submitting proposals at any
time prior to the proposal due date. The City by this RFP does not promise to accept the lowest cost or any other
proposal and specifically reserves the right to reject any or all proposals, to waive any formal proposal requirements,
to investigate the qualifications and experience of any Proposer, to reject any provisions in any proposal, to modify
RFP contents, to obtain new proposals, to negotiate the requested services and contract terms with any Proposer, or
to proceed to do the work otherwise.
The City reserves the right to accept or reject any and all proposals that are in the best interest of the City.
The contractor will be required to comply with all applicable equal employment opportunity laws and regulations.
All bidders are notified that disadvantaged and women-owned business enterprises are encouraged to submit
responses to this request. The Cities of Fargo will ensure that respondents to this request will not be discriminated
against based on sex, race, color, creed or national origin in consideration of an award.
All questions and inquiries will be addressed to:
Harold Pedersen Allan Erickson
Fleet Services Manager Fleet Management Specialist
Central Garage Public Works Department
402 23rd Street North 402 23rd Street North
Fargo, ND 58102 Fargo, ND 58102
Email: [email protected] E-mail: [email protected]
Phone: (701) 241-1460 Phone: (701) 241-1439
Fax: (701) 298-6971 Fax: (701) 298-6971
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GENERAL REQUIREMENTS
1. SCOPE
This Request for Proposal (RFP) is being published by the City of Fargo’s Transit Department operating as
MATBUS in order to purchase three (3) new 2014 year, 158” wheelbase 5-year/150,000 mile Para Transit
Buses with a wheelchair lift and fifteen (15) person capacity (including driver and seats folded down) or with
four (4) wheelchairs with six (6) seated passengers. Included in this proposal is a provision to include options
for purchasing an additional twelve (12) Para Transit Buses.
2. BID BOND
All bids must be accompanied by a Bidders Bond in the amount of 5% of the total bid. The bidders bond shall
be submitted in a separate envelope attached to the exterior of the bid envelope.
3. BIDDER
Bidder must supply a list of equipment users who have purchased their units in the past two years.
Information shall include name of contact person and telephone number of that individual
4. DELIVERY
Proposer must perform a complete pre-delivery service prior to delivery of equipment. All units are F.O.B.,
Metro Transit Garage, 650 23rd Street North, Fargo ND.
5. OPTIONS
a. To be included in this proposal are twelve (12) options for purchasing additional Para Transit Buses which the
City of Fargo may elect to exercise on or before December 31, 2014.
b. The City of Fargo is also requesting a separate Cost Proposal for a seven (7) wheelchair position seventeen
(17) passenger (including driver and seats folded down) as a possible option. This unit shall have the same
base specifications with the exception being the extra length and the increased GVWR needed to
accommodate the extra three (3) wheel chair positions.
c. The City of Fargo reserves the right to release these options to another agency approved by the City of Fargo.
6. BID OPENING
There will not be a public opening since this is not a Low Bid Award but is instead a Request for Proposal. All
proposals will be reviewed by the selection committee.
7. SELECTION CRITERIA
The selection committee of the City of Fargo will review and analyze each response. The committee
members will independently rate the proposal. Upon review, the committee may interview the selected firm
or firms. They will then determine if they feel additional firms merit interviews. Upon completion of all
interviews, using the evaluation form, the committee will then re-evaluate the firms. The firm that best
meets the specification will be recommended to the Fargo City Commission. All evaluations will be signed by
the evaluator and retained as part of the public official records. No proposals will be considered that do not
meet mandatory elements.
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8. EVALUATION TABLE
EVALUATION
Maximum
Points
Score
Minimum Qualifications & Specifications 40
Price 35
References - Reliability & Service 10
Compatibility - Existing City of Fargo Infrastructure and Future
Plans
15
TOTAL POINTS 100
* Price Evaluation Example: The lowest proposed price will receive 35 points. The other proposers will receive
points in direct proportion to the lowest price. For example, if the lowest total cost is $100,000 and someone
bid $110,000, they would receive 31.5 points (10,000/100,000 = 10%, 100% - 10% = 90%, 90% x 35 = 31.5 pts)
9. BID PROTEST PROCEDUREs
a. General
Protests will be accepted from prospective bidders or offerors whose direct economic interest would be
affected by the award of a contract or by failure to award a contract. The Fargo Transit Administrator and
the Fargo Fleet Manager will consider all protests or objections filed in a timely manner regarding the award
of a contract, whether submitted before or after award. All protests shall be in writing and shall be
supported by sufficient information to enable the protest to be considered. A protest will not be considered
if it is insufficiently supported or it is not received within the time limits specified herein. Protest submissions
should be concise, logically arranged, and clearly state the ground for the protest. Protests must include at
least the following information:
• Name, address, and telephone number of protestor.
• Identification of the solicitation or bid.
• A detailed statement of the legal and factual grounds of the protest, including copies of relevant
documents.
• A statement as to what relief is requested.
Protests should be sent via certified mail through the U.S. Postal Service to:
Fleet Services Manager Transit Administrator
Central Garage Metro Transit Garage
402 23rd Street North 650 23rd Street North
Fargo, ND 58102 Fargo, ND 58102
Protests must be filed with City of Fargo in accordance with our procedures and time requirements. The
protest to City of Fargo must be complete and contain all the issues that the protestor believes relevant. The
City of Fargo will respond to each substantive issue raised in the protest. Failure to include an issue in the
protest to the City of Fargo will preclude raising the issue to FTA, if the protest is appealed to that agency.
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Following an adverse decision by City of Fargo, protestor may file a protest with FTA under certain limited
circumstances listed in paragraph f.
On occasion, when considered appropriate by the Fargo City Administrator, an informal conference on the
merits of the protest with all interested parties may be held.
b. Protests Before Award
1. Solicitation Phase
Protests concerning the solicitation must be submitted in writing by COB March 14, 2014. If the
written protest is not received by the time specified, award may be made in the normal manner
unless the Fargo Transit Administrator and the Moorhead Transit Manager, upon investigation, find
that remedial action is required. Oral protests not followed up by a written protest will be
disregarded.
Notice of a protest and the basis therefore will be given to all potential bidders or offerors.
2. Pre-Award Phase
When a protest against the making of an award is received after receipt of bids or proposals but prior
to award, COB March 31, 2014 , the Fargo Transit Administrator and the Fargo Fleet Manager may
determine to withhold the award pending disposition of the protest. City of Fargo will provide a
written response to each material issue raised in the written protest. Notice of a protest as well as
City of Fargo’s response will be provided to bidders/proposers who responded to the solicitation and
are in line for the award of a contract.
Where a written protest against the making of an award is received by the time specified COB March
14, 2014, an award will not be made unless City of Fargo determines that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed by failure to make award promptly; or,
• Failure to make award will otherwise cause undue harm to City of Fargo or the Federal
Government.
If award is made, the Fargo Transit Administrator and the Moorhead Transit Manager will document
the file to explain the need for an award and will give written notice of the decision to proceed with
the award to the protestor and, as appropriate, to others concerned by COB March 28, 2014.
c. Protests After Award
A protest received by COB April 7, 2014 shall be reviewed by the Fargo Transit Administrator, the Fargo Fleet
Manager, and the Legal Department. The selected contractor will, in any event, be furnished with the notice
of protest and the basis therefore. When it appears likely that an award may be invalidated and a delay in
receiving the supplies or services is not prejudicial to City of Fargo’s interest, the Fargo Transit Administrator
and the Fargo Fleet Manager may consider a mutual agreement with the contractor to suspend performance
on a no-cost basis. A written response by the Fargo Transit Administrator and the Fargo Fleet Manager will
be issued by COB April 14, 2014.
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d. Post-Award Appeals
Appeals must be sent in writing to the Fargo City Commission by COB April 21, 2014. The Fargo City
Commission will schedule a hearing by COB April 30, 2014, where the appellant may be heard. The Fargo
City Commission will issue a final written determination by COB May 5, 2014.
The decision of the Commission and/or Council is final and no further appeals may be made.
e. Determination of Interested Party
An interested party is an actual prospective bidder or offeror whose direct economic interest would be
affected by award of a contract or failure to award a contract. This definition specifically excludes
subcontractors and suppliers.
1. The ability to qualify as an actual or prospective bidder/proposer ends when the bid/proposal period
ends.
2. The offer received from the protestor must be technically responsive.
3. The protestor must be the next in line to receive the award if the protested issues prevail.
4. If not next in line, the protestor must successfully challenge all intervening offers to establish next in
line status.
f. Protests to FTA
Under certain limited circumstances, an interested party may protest to FTA the award of a contract
pursuant to an FTA grant. FTA’s review of any protest will be limited to alleged failure of City of Fargo to
have or follow its written protest procedures or alleged failure to review a complaint or protest.
1. Time for Filing
i. An appeal to FTA must be received by FTA Region VIII within five (5) working days of the
date the protester learned or should have learned of an adverse decision by the grantee or
other basis of appeal to FTA. Protests should be addressed to
U.S. Department of Transportation
Federal Transit Administration, Region VIII
12300 W Dakota Ave, Suite 310
Lakewood, CO 80228
ii. Violations of Federal law or regulation will be handled by the complaint process stated within
the law or regulation.
2. Submission of Protest to FTA
i. A protestor must exhaust all administrative remedies with City of Fargo before pursuing a
protest to FTA.
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ii. Protests to FTA should be sent to the FTA Regional or Headquarters Office. A concurrent
copy of the protest must be sent to City of Fargo.
iii. The protest filed with FTA shall:
• Include the name and address of the protestor.
• Identify City of Fargo and the number/title of the contract solicitation.
• Contain a statement of the grounds for the protest and any supporting
documentation. This should detail the alleged failure of City of Fargo to have or
follow its protest procedures or the alleged failure to review a complaint or protest.
• Include a copy of the local protest filed with City of Fargo and a copy of City of
Fargo’s decision, if any.
b) Other Remedies
Contractors may seek remedy in the North Dakota courts, as applicable, if they desire to do so.
10. APPROVED EQUALS
It is the intent of the City of Fargo to issue a generic Request for Proposal so as not to exclude any transit
vehicle manufacturer or dealer from submitting a Proposal. If a specific brand and model product is specified
it is based on a performance or commonality decision. If the specified brand or model specified causes a
transit vehicle manufacturer to not be able to meet the specifications required, they can submit a request for
an approved equal product. The form included in this RFP shall be used and submitted before the due date
on the request form. The deadline for requesting an approved equal is COB March 12, 2014.
11. REMEDIES/SANCTIONS FOR BREACH
If awarded the contract, the Contractor shall warrant that he or she has not offered or given gratuities (in the
form of entertainment, gifts, or otherwise) to any official or employee of the City or its operating contractor,
with a view toward securing favorable treatment in the awarding, amending, or evaluating performance of
the contract.
12. APPLICABLE STATE AND LOCAL CLAUSES
a. Confidentiality of Proposal Information
Each proposal and supporting documents must be submitted in or under cover of a sealed envelope to
provide confidentiality of the proposal information prior to the proposal opening. Upon award of a
proposal, all information, including cost, will become public record.
b. Proposals Binding
All proposals submitted in accordance with the terms and conditions of the RFP shall be binding upon the
bidder for at least ninety (90) calendar days after the proposal opening.
c. Disclaimer of Liability
The City will not hold harmless or indemnify any contractor for any liability whatsoever.
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d. Hold Harmless
The City will be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by,
or on behalf of, any person or organization responding to this RFP.
e. Law Governing
All contractual agreements shall be subject to, governed by, and construed according to the laws of the State
of North Dakota as applicable.
f. Conditional Proposals
Conditional proposals are subject to rejection in whole or in part.
g. Subletting of Contract
The contract that will be derived from this RFP shall not be sublet except with the written consent of the City.
No such consent shall be construed as making the City a party to such subcontract, or subjecting the City to
liability of any kind to any subcontractor. No subcontract shall, under any circumstances, relieve the
Contractor of his liability and obligation under his contract, and all transactions with the City must be through
the General Contractor.
h. Assignment/Transfer of Interests
There shall be no assignment/transfer of interests or delegation of Contractor’s rights, duties or
responsibilities of Contractor under the contract derived from this RFP without the prior written approval of
the City, which approval shall not be unreasonably withheld. An assignment or transfer of interests which
shall require approval of the City shall include, without limitation, the occurrence within any six-month
period of the transfer of a majority ownership interest of the Contractor, such as a transfer of a majority of
the outstanding stock in the Contractor if it is a corporation or a transfer of a majority of the membership in
the Contractor if it is a limited liability company. A claim by Contractor that City’s withholding of approval is
unreasonable may only be resolved by a lawsuit seeking declaratory relief or judgment, and such claim shall
not give rise to any action for damages, direct, indirect or consequential.
i. Severability
In the event any provision of the contract is declared or determined to be unlawful, invalid or
unconstitutional, such declaration shall not affect, in any manner, the legality of the remaining provisions of
the contract and each provision of the contract will be and is deemed to be separate and severable from
each other provision.
j. Regulatory Requirements
The Contractor shall comply with all Federal, State, and local licensing, training, testing and/or regulatory
requirements (including permits) for the provision of the transit services.
The successful Contractor shall be appropriately licensed for the work required as a result of the contract.
The cost for any required licenses or permits shall be the responsibility of the Contractor. Contractor is liable
for any and all taxes due as a result of the contract.
k. Responsible Firms
Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On
the contrary, all responsible firms are encouraged to submit proposals.
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l. Reserved Rights
The City reserves the right to accept or reject any or all of the proposals submitted, waive informalities and
technicalities and negotiate any or all elements of the proposals.
m. Publication, Reproduction and Use of Material
No custom material produced in whole or in part under the Contract shall be subject to copyright in the
United States or in any country. The City and Federal Transit Administration shall have authority to publish,
disclose, distribute and otherwise use, in whole or in part, any custom material prepared under any contract
resulting from this RFP.
n. Waiver
By submission of its proposal, the Proposer represents and warrants that it has sufficiently informed itself in
all matters affecting the performance of work or the furnishing of the labor services, supplies, materials, or
equipment and facilities called for in the solicitation; that it has checked its proposal for errors and
omissions; that the prices stated in its proposal are correct and as intended by it; and, are a complete and
correct statement of its prices for performing the labor, services, supplies, materials or equipment and
facilities required by the Contract Documents. The Proposer waives any claim for the return of its proposal
security if, on account of errors or omissions claimed to have been made by it in its proposal or for any other
reason it should refuse or fail to execute the contract.
o. Independent Price Determination
The Proposer certifies that he/she has not colluded, conspired, connived, or agreed, directly or indirectly,
with any Proposer or person to put in a sham proposal or to refrain from proposing, and further, that he has
not in any manner, directly or indirectly sought by agreement, collusion, communication, or conference, with
any person, to fix the proposal amount herein or any other Proposer, or to fix any overhead, profit, or cost
element of said proposal amount, or that of any other Proposer, or to secure any advantage against City or
any person interested in the proposed contract.
p. Prohibited Interest
No administrator or employee of the City and no member of its governing body shall participate in selection
or in the award or administration of a contract if a conflict of interest real or apparent would be involved.
No member or delegate to the North Dakota Legislature or to the Congress of the United States shall be
admitted to any share or part of the Agreement or any benefit arising there from.
FEDERAL CLAUSES
By entering into a sale with the City of Fargo, ND, and doing business as MATBUS, the supplier is agreeing to be
bound by the following federal clauses and certifications:
1. No Government Obligation to Third Parties
a) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the
Federal Government in or approval of the solicitation or award of the underlying contract, absent the
express written consent by the Federal Government, the Federal Government is not a party to this
contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any
10
other party (whether or not a party to that contract) pertaining to any matter resulting from the
underlying contract.
b) The Contractor agrees to include the above clause in each subcontract financed in whole or in part
with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,
except to identify the subcontractor who will be subject to its provisions.
2. Program Fraud & False or Fraudulent Statements & Related Acts
a) 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 C.F.R.
Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the
Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes,
it may make, or cause to be made, pertaining to the underlying contract or the FTA assisted project
for which this contract work is being performed. In addition to other penalties that may be
applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
Contractor to the extent the Federal Government deems appropriate.
b) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
fraudulent claim, statement, submission, or certification to the Federal Government under a contract
connected with a project that is financed in whole or in part with Federal assistance originally
awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose
the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal
Government deems appropriate.
c) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in
part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be
modified, except to identify the subcontractor who will be subject to the provisions.
3. Access To Records
a) Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee
of the FTA Recipient in accordance with 49 C.F.R. 18.36(I), the Contractor agrees to provide the
Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their
authorized representatives access to any books, documents, papers and records of the Contractor
which are directly pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA
Administrator or his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,
which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,
5309 or 5311.
b) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator
or his authorized representatives, including any PMO Contractor, access to the Contractor's records
and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is
receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or
5311. By definition, a major capital project excludes contracts of less than the simplified acquisition
threshold currently set at $100,000.
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c) Where the Purchaser enters into a negotiated contract for other than a small purchase or under the
simplified acquisition threshold and is an institution of higher education, a hospital or other non-
profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with
49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller
General of the United States or any of their duly authorized representatives with access to any
books, documents, papers and record of the Contractor which are directly pertinent to this contract
for the purposes of making audits, examinations, excerpts and transcriptions.
d) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance
with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49
U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records
related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller
General or any authorized officer or employee of any of them for the purpose of conducting an audit
and inspection.
e) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever
or to copy excerpts and transcriptions as reasonably needed.
f) The Contractor agrees to maintain all books, records, accounts and reports required under this
contract for a period of not less than three years after the date of termination or expiration of this
contract, except in the event of the litigation or settlement of claims arising from the performance of
this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA
Administrator, the Comptroller General, or any of their duly authorized representatives, have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(I)(11).
4. Federal Changes
a) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and
directives, including without limitation those listed directly or by reference in the Master Agreement
between Purchaser and FTA, and they may be amended or promulgated from time to time during the
term of this contract. Contractor's failure to so comply shall constitute a material breach of this
contract.
5. Civil Rights Requirements (EEO, Title VI & ADA)
The following requirements apply to the underlying contract:
a) Nondiscrimination.
In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the
Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with
Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the Contractor
agrees that it will not discriminate against any employee or applicant for employment because of
race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply
with applicable Federal implementing regulations and other implementing requirements FTA may
issue.
b) Equal Employment Opportunity.
The following equal employment opportunity requirements apply to the underlying contract:
1. Race, Color, Creed, National Origin, Sex.
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i. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal
transit laws at 49 U.S.C. 5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,
Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of labor, 41 C.F.R. Parts 60 et seq., (which implement Executive Order No.
11246, Equal Employment Opportunity, as amended by Executive Order No. 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, 42 U.S.C.
2000e note), and with any applicable Federal statutes, executive orders, regulations, and
Federal policies that may in the future affect construction activities undertaken in the course
of the Project. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to race,
color, national origin, sex, or age. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship. In addition, the Contractor agrees to comply with any
implementation requirements FTA may issue.
2. Age.
i. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as
amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to
refrain from discrimination against present and prospective employees for reason of age. In
addition, the Contractor agrees to comply with any implementing requirements FTA may
issue.
3. Disabilities.
i. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.
12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, Regulations to Implement the Equal Employment
Provisions of the Americans with Disabilities Act, 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with
any implementing requirements FTA may issue.
d. The Contractor also agrees to include these requirements in each subcontract financed in whole or in
part with Federal assistance provided by FTA, modified only if necessary to identify the affected
parties.
6. Termination Provisions
a) City of Fargo reserves the right to cancel any contract for cause upon written notice to the
Contractor. Cause for cancellation will be documented failure(s) of the contractor to provide services
in the quantity and/or quality required. Notice of such cancellation will be given with sufficient time
to allow for the orderly withdrawal of the Contractor without additional harm to the participants or
City of Fargo.
b) City of Fargo may cancel or reduce the amount of service to be rendered if there is, in the opinion of
the City Council, a significant increase in local costs; or, in the opinion of the City Council, insufficient
state or federal funding available for the service, thereby terminating the contract or reducing the
compensation to be paid under the contract. In such event, City of Fargo will notify Contractor in
writing ninety (90) days in advance of the date such actions are to be implemented.
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c) CONTRACTOR is hereby notified that City of Fargo Transit system pursuant to this agreement is
dependent upon the necessary receipt of local, state and federal funding.
d) In the event of any termination, City of Fargo shall pay the agreed rate only for services delivered up
to the date of termination. City of Fargo has no obligation to Contractor, of any kind, after the date
of termination. Contractor shall deliver all records, equipment and materials to City of Fargo within
24 hours of the date of termination.
7. Disadvantaged and Small Business Enterprise
a) In connection with the performance of this service, the Contractor will cooperate with City of Fargo
in the utilization of disadvantaged business enterprises including women-owned business enterprises
for the duration of the contract and will use its best efforts to insure that disadvantaged business
enterprises have the maximum practicable opportunity to compete for subcontract work. In order to
insure that a fair proportion of the purchases of supplies and services are placed with disadvantaged
business enterprises, the Contractor agrees to take affirmative action to identify disadvantaged
business firms, solicit bids or quotations from them for supplies and services related to this proposal.
b) The Contractor agrees to meet any goals established by City of Fargo for purchases pertaining to this
Contract to the best of the Contractor's ability and will provide City of Fargo with the necessary
certification and records for reporting purposes. The majority of the contract is labor, which is not a
contracting opportunity.
c) The contractor shall not discriminate on the basis of race, color, 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 DOT-assisted 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 City deems appropriate. Each subcontract the contractor
signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
d) The contractor will be required to report its DBE participation obtained through race-neutral means
throughout the period of performance.
e) 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 CITY. In addition, the Contractor is required to return any retainage payments
to those subcontractors within 30 days after the subcontractor's work related to this contract is
satisfactorily completed.
f) The contractor must promptly notify City of Fargo 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 City of Fargo.
g) Fostering Small Business Participation
City of Fargo has established a small business element to its DBE program, pursuant to 49 CFR 26.39.
This program aims to provide opportunities and foster small business enterprises (SBE)/participation
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in contracting with City of Fargo. This program is race- and gender- neutral, however SBEs can also
count towards DBE goals.
8. Incorporation of FTA Terms
a) The preceding provision includes, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual provisions
required by DOT, as set forth in FTA Circular 4220.1F, 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 this Agreement. The Contractor shall not
perform any act, fail to perform any act, or refuse to comply with any City of Fargo requests which
would cause City of Fargo to be in violation of the FTA terms and conditions.
9. Debarred, Suspended, or Ineligible Contractors
a) The contractor certifies that his/her firm is not included on the U.S. Comptroller General's or General
Services Administration's Consolidated List of Persons or Firms Currently Debarred or Suspended for
Violations of Various Public Contracts Incorporating Labor Standards.
10. Buy America
a) The Contractor shall comply with applicable Buy America requirements set forth under the
requirements of Section 165(a) of the Surface Transportation Act of 1982 and the applicable
regulations in 49 CFR Part 661, as amended.
11. Breach of Contract and Dispute Resolution
a) Disputes will be presented in writing to the appropriate City personnel the Fargo Transit
Administrator. City personnel and the Contractor will attempt to resolve any dispute arising in the
performance of the Contract.
1. Fargo
a. If the Transit Administrator and Contractor cannot resolve the dispute, the issue will be
presented in writing to the Fargo City Administrator within ten [10] working days of
dispute. If the dispute cannot be resolved by the City Administrator, it will be submitted
in writing within ten [10] working days of the Fargo City Administrator’s decision to the
Fargo City Commission – it is the sole responsibility of the Contractor to schedule a
hearing with the Fargo City Commission. In connection with any such appeal, the
Contractor shall be afforded an opportunity to be heard and to offer evidence in support
of its position at the hearing.
3. The decision of the Fargo City Commission shall be binding upon the Contractor and the
Contractor shall abide by the decision.
b. Unless otherwise directed by the Cities of Fargo and/or Moorhead, Contractor shall continue
performance under this contract while matters in dispute are being resolved.
c. Should either party to the contract suffer injury or damage to person or property because of any act
or omission of the party or of any of his employees, agents or others for whose acts he is legally
liable, a claim for damages therefore shall be made in writing to such other party within a reasonable
time after the first observance of such injury of damage.
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d. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in
question between the Cities of Fargo and/or Moorhead and the Contractor arising out of or relating
to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a
court of competent jurisdiction within the applicable state.
12. Lobbying Restrictions
The Proposer certifies that:
a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal 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.
b) 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,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
c) The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under
grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose
accordingly.
13. Clean Air
a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each
violation as required to assure notification to FTA and the appropriate EPA Regional Office.
b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
14. Clean Water
a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor
agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will,
in turn, report each violation as required to assure notification to FTA and the appropriate EPA
Regional Office.
b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000
financed in whole or in part with Federal assistance provided by FTA.
15. Transit Employee Protective Arrangements, General Transit Employee Protective Requirements
AS APPLICABLE
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a) To the extent that FTA determines that transit operations are involved, the Contractor agrees to
carry out the transit operations work on the underlying contract in compliance with terms and
conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests
of employees employed under this contract and to meet the employee protective requirements of 49
U.S.C. § 5333(b), and U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto.
16. Charter & School Bus Service Operations - AS APPLICABLE
a) The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that
recipients and subrecipients of FTA assistance are prohibited from providing charter service using
federally funded equipment or facilities if there is at least one private charter operator willing and
able to provide the service, except under one of the exceptions at 40 CFR 604.9. Any charter service
provided under one of the exceptions must be "incidental", i.e., it must not interfere with or detract
from the provision of mass transportation.
b) Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 604, recipients and subrecipients of FTA assistance may
not engage in school bus operations exclusively for the transportation of students and school
personnel in competition with private school bus operators unless qualified under specified
exemptions. When operating exclusive school bus service under an allowable exemption, recipients
and subrecipients may not use federally funded equipment, vehicles or facilities.
17. Drug & Alcohol Testing – AS APPLICABLE
a) The Contractor agrees to establish and implement a drug and alcohol testing program that complies
with 40 CFR Part 655, produce any documentation necessary to establish its compliance with Part
655, and permit any authorized representative of the United States Department of Transportation or
its operating administrations, the State Oversight Agency of North Dakota and/or Minnesota, or the
Cities of Fargo/Moorhead, to inspect the facilities and records associated with the implementation of
the drug and alcohol testing program as required under 49 CFR Parts 40 and 655 and review the
testing process. The contractor agrees further to certify annually its compliance with Parts 40 and
655 before February 1 and to submit the Management Information System (MIS) reports before
February 1 to the City of Moorhead Transit Manager. To certify compliance the contractor shall use
the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal
Transit Administration Grants and Cooperative Agreements," which is published annually in the
Federal Register. The Contractor agrees to furnish with this proposal all necessary documentation
for a compliant drug and alcohol testing program.
18. Cargo Preference
a) 46 U.S.C. 1241(b)(1) and 46 CFR Part 381 impose cargo preference requirements on shipment of
foreign made goods. Requirements therein apply to the contract arising from this procurement.
19. Energy Conservation
a) Contractor shall recognize mandatory standards and policies relating to energy efficiency which are
contained in the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (42 USC Section 6321 et seq).
20. Environmental Violations
a) For all contracts and subcontracts in excess of $100,000, contractor agrees to comply with all
applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC
1857 (h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and
Environmental Protection Agency Regulations (40 CFR Part 15) which prohibits the use under
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nonexempt Federal contracts, grant or loans of facilities included on the EPA List of Violating
Facilities. Contractor shall report violations to FTA and to the US/EPA Assistant Administrator for
Enforcement (ENO329).
21. Fly America
a) The 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.
22. Cargo Preference
a) Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-
Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry
bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or
commodities pursuant to the underlying contract to the extent such vessels are available at fair and
reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days
following the date of loading for shipments originating within the United States or within 30 working
days following the date of leading for shipments originating outside the United States, a legible copy
of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo
described in the preceding paragraph to the Division of National Cargo, Office of Market
Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the
contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all
subcontracts issued pursuant to this contract when the subcontract may involve the transport of
equipment, material, or commodities by ocean vessel.
23. Assignability Clause
a) Inter-Governmental Agreements, Joint Procurements, Piggybacking/Assignments - Contractor agrees
to comply with FTA Circular 4220.1F, paragraph 7.e., the encouragement of inter-governmental
procurements.
b) Any public agency (i.e. city, district, public agency, municipality, state, and other political subdivision
or any Federal Transit Administration-funded entity) shall have the option of participating in any
award made as a result of this proposal at the same prices, and terms and conditions. City of Fargo
reserves the right to assign all or any portion of the vehicles awarded under this Contract including
option quantities. This assignment, should it occur, shall be agreed to by City of Fargo and the
Contractor. Once assigned, each agency will enter into its own contract and be solely responsible to
contractor for obligations to the vehicles assigned. City of Fargo’s right of assignment will remain in
force until completion of the contract to include options, whichever occurs first. City of Fargo shall
incur no financial responsibility in connection with contracts issued by another public agency. The
public agency shall accept sole responsibility for placing order or payments to the Contractor.
24. ADA Accessability a) Contractor agrees that buses will be designed and constructed in accordance with the Americans with
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Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. Sections 12101 et seq., which requires that services be
made available to individuals with disabilities, and with applicable implementing Federal regulations, including
49 CFR Part 38 “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles.”
TECHNICAL SPECIFICATIONS
1. OPERATING ENVIRONMENT
a. It is the intent of these specifications to describe a medium-duty Para transit bus, designed and built to
withstand the rigors of daily Para transit service. These vehicles will operate in a service characterized by low
engine speed and high electrical demand.
2. GENERAL REQUIREMENTS
a. Vehicle shall be in accordance with all applicable FMVSS requirements and ADA requirements.
b. Bus body shall be a current model year including all standard options.
c. All parts shall be identical on all buses.
d. Vehicle must be Altoona tested. Report must be provided (electronically or hard copy).
e. The bus is certified by an independent testing agency to meet FMVSS 220 (School Bus Rollover). Certification
of compliance with this static load test shall be available upon request.
f. Vehicle must have valid STS certification to operate in Minnesota.
3. SERVICE LIFE
a. The bus shall be designed to operate in Para transit service for minimum of five (5) years or 150,000 miles. It
shall be capable of operating at least 30,000 miles per year including the 5th year.
4. WARRANTY
a. Vehicle chassis shall be covered with all standard manufacturer warranties.
b. Bus body and bus components shall be covered for one (1) year or standard manufactures warranty,
whichever is greater.
c. Bus frame work shall be covered by a five (5) year warranty or standard manufactures warranty, whichever is
greater.
5. MANUALS (manuals on CD preferred except where stated
a. Operator manuals shall be hard copy.
i. There shall be one in each vehicle covering operation of all the functions and components of
the complete unit.
ii. Two (2) extra operator manuals shall be included with each order.
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b. Complete parts manual of bus body and all its components.
c. Complete service and maintenance manual on components installed in the bus body.
d. As built wiring schematic with diagrams and parts shall be provided.
6. CHASSIS (cutaway)
a. Engine gasoline fueled, 8 cylinder minimum.
b. Driver’s side step.
c. 158” wheelbase for 15 Passenger Bus.
d. Multiple GVWR’s: 12,500#, 12,500# or 14,500# GVWR.
e. “Shuttle Bus Prep Package”, shall be included if available.
f. Rear suspension shall be Mor/Ride-rear.
g. Dual Rear Wheels with valve stem extensions.
h. Six (6) Tires: LT225/75Rx16E, “E” Rating.
i. One (1) Spare tire and Rim.
j. Wheels Painted White.
k. Radio Prep Package.
l. Inside Day/Night Rearview Mirror.
m. Daytime Running Lights.
n. Front and Rear Heavy Duty Shock Absorbers.
o. Automatic Transmission with Tow/Haul Mode.
p. Auxiliary Transmission Oil Cooler.
q. Tilt Steering Wheel.
r. Power Steering.
s. Driver’s Sun Visor.
t. Factory Heat/AC, high output system in driver’s area.
u. Engine Oil Pressure Gauge.
v. Electronic Speedometer.
w. 4-Wheel ABS Hydraulic Disc Brakes with Hydro-Boost.
x. 40 Gallon Fuel Tank (55 gallons above 14,000 GVWR).
y. Alternator: 225 amp minimum.
z. Glove Box with 12-volt Power Port.
aa. Additional power port in dash area.
bb. Storage Bins in Driver’s Door.
cc. Clipboard Storage Slot in Center Console.
7. BUS BODY
a. Bumper to Bumper 288” minimum
b. Overall Body Width 96” maximum
c. Overall Height 114” maximum
d. Passenger capacity Seated 15, including driver or 17 including driver (option)
e. Wheelchair 4 positions or 7 positions (option)
f. Wheelchair lift Braun - 800 pound capacity
g. Restraints 4 point Q’Straint deluxe slide and click
h. Seats Minimum 28” hip to knee seat spacing
i. Floor Flat floor in passenger area
j. Interior Width 90” minimum
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k. Interior Height 75” minimum
l. Step Height from Ground 12” maximum
m. Step Riser Height 9½” maximum
n. Entry Door Dimension 30” by 80” minimum
o. Width of Aisle 20” minimum
p. Rear AC 50,000 BTU minimum
q. Roof Escape Hatch Must also be able to be opened for ventilation
r. Auxiliary Heaters Qty. two (2) 65,000 BTU each
8. BODY STRUCTURE
a. The bus body shall be a current in-service, body and frame designed to last five (5) years or 150,000 miles.
b. The steel body framework shall be built as an integral unit, adequately reinforced at all joints and corners
where stress concentration may occur, designed to adequately carry required loads and withstand road
shock.
c. All seat attachments shall be bolted to steel plates welded directly to the body frame or the steel mounting
tracks for the passenger seats are welded to the sidewall steel frame and to the steel sub-floor.
d. All grab rails and stations shall be bolted to steel plates welded to the body frame.
e. Roof top escape opening shall incorporate a steel frame work as part of the body framework.
f. The Roof top escape hatch shall have the ability to be partially opened for ventilation purposes.
g. All window and door openings shall have a metal framework around them incorporated into the body
framework.
h. The body shall be bolted through the sub-floor structure to the chassis frame utilizing rubber isolating
mounts and following all recommended attachment procedures as specified by the chassis manufacturer.
Welding of any part of the body understructure or floor structure to the chassis frame will not be permitted.
i. All metal parts of the under body structure shall be treated with a commercial grade corrosion protection
undercoating.
j. Antenna ground plane 18” minimum shall be welded to the frame with an access cover on the inside of the
bus.
k. The exterior sidewalls of the bus shall be fiberglass with no exposed fasteners. All nuts, bolts, clips, washers,
clamps and like fasteners that are exposed to the elements shall be stainless steel to prevent corrosion
l. Water channeling rain gutters shall be installed over all door and window openings.
m. Any exterior metal such as door trim and hinges shall be stainless steel.
n. Wheel housings are of one-piece, steel construction, 14 GA minimum, and treated with an anti-corrosive
primer. Wheel housings are constructed and adequately reinforced to prevent deflection. Ample clearance
is provided for tires in their maximum jounce position according to the chassis manufacturer
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o. The floor shall be 5/8 inch pressure-treated marine grade plywood over aluminum underbelly and shall be
cut and installed in such a manner as to prevent floor noise and sagging. The plywood may be glued down as
part of the floor anchoring mechanism.
p. The floor in the passenger area shall be flat, with access panel for fuel tank sending unit and fuel pump.
q. All fasteners used in fastening trim or components to the floor shall be stainless steel.
r. The floor covering shall be Altro Flooring – Genome Gray
s. There must be a yellow line on the floor and signage stating that riders are not to be forward of the yellow
line.
t. The passenger steps shall include anti slip protection.
u. Steps must be labeled “Watch your Step”.
v. Interior side panels shall be constructed of Fiberglass, melamine or other non porous surface that is easily
cleaned.
w. Interior panels shall be able to be removed and reinstalled by maintenance techs providing access to key
components or wiring.
x. Side walls and ceiling shall be insulated with a minimum of 1 ½ inches of insulation.
y. Access doors are provided where necessary to service transmission, engine, radiator and battery.
z. Side battery enclosure with stainless steel pullout slide and access cover in body.
aa. All skirt panels are to be supported and backed by vertical and horizontal supports.
9. FIRE SUPPRESSION
a. An Amerex fire suppression system (SMVS13A-BC) shall be installed protecting the engine and transmission
compartments.
10. DRIVERS AREA
a. All drivers’ controls shall be positioned within reach of a seated driver and arraigned as ergonomically as
possible.
b. A step shall be provided for the driver’s door.
11. ELECTRICAL/LIGHTS
a. The electrical systems and equipment comply with all applicable FMVSS and SAE recommended standards
and practices. All electrical and electronic components are selected to minimize electrical loads thereby not
exceeding the vehicle’s generating capacity. All electrical system components and wiring are easily accessible
through access panels for checking and for maintenance. All switched indicators and controls are located
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and installed in a manner that facilitates easy removal and servicing. All exterior housings of lamps and
fixtures shall be corrosion resistant and weatherproofed.
b. The switch panel, mounted on or near the dashboard within easy reach of the driver, incorporates all
switches to operate the passenger cabin systems, including the following: electric door switch (when
specified), wheelchair lift power (when specified), passenger compartment master light switch, front and
rear air conditioning, and front and rear heater switches. The front and rear air conditioning and heater
controls are separate from each other. Switches are rocker-style, backlit for easy night operation, and
permanently labeled with universal symbols for identification.
c. The electrical system incorporates an audible tone and warning light (located either on the switch panel or
the dashboard), to show a door ajar condition when the bus has a rear exit door or a side wheelchair door.
d. Circuits shall serve the bus body and accessory electrical equipment separate and distinct from the vehicle
chassis circuits. All wiring provided by the bus manufacturer shall be copper and conform to all the SAE
J1292 requirements.
e. Wiring harnesses are protected by a split loom in a color other than that used by the chassis manufacturer.
All looms and wiring are secured to the body or frame with straps or P-clamps in order to prevent sagging
and movement that could result in chafing, pinching, snagging, or any other damage.
f. The main wiring harness installed by the bus manufacturer is rated to carry 125% of the maximum load rating
of the circuit it is designed to service. All cables larger than 18 AWG have the terminals mechanically
crimped to insure minimal voltage drop.
g. The routing of the battery cable is from the battery compartment to the main power distribution panel. The
battery cables are 2 GA AWG and run to the main power distribution panel via the cab and shall be fully
protected by high temperature loom and routed through rubber insulated metal cable clamps. The battery
cables are to be secured with P clamps and not routed where chassis and frame components can create a
pinch point.
h. The interior bus lighting configuration includes the following as a minimum; a driver’s dome light centered
above the windshield that activates when driver’s door is open or with a switch located on the light, OEM
instrument panel lights, switch panel backlighting, at least six (6) dome lights evenly spaced on the ceiling
cove panels throughout the passenger cabin, and two (2) step well lights that adequately illuminate the step
well. The interior lights and step well lights are wired to automatically activate when the passenger door is
opened and the headlights are on.
i. All emergency egress doors and windows are identified with a red LED light illuminated at all times when
ignition is on.
j. Wheelchair lift door shall incorporate a light on the dash to indicate that the door is not closed. An interior
light shall activate when the door is open to illuminate the wheelchair area from above the lift.
k. A circuit is provided for the directional signals which, when on, will cause them to function as traffic hazard
warning signals. (Emergency flashers operate independent of the brake lights.)
l. Intermotive Highlock, Fast idle and interlock system which will control the fast idle and prevent the vehicle
from moving when doors are opened.
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m. All exterior lights shall be LED and meet U.S. DOT and FMVSS requirements and be waterproof with
weatherproof connections.
n. All interior lighting in body structure shall be LEDs.
o. 200 minimum Amp alternator; able to handle the electrical load while in fast idle mode.
p. Two (2) battery system minimum.
q. A master switch discounting complete electrical system shall be provided.
r. Pre-wire for six (6) cameras mounted inside passenger area. Approximate locations are 2 in rear of body and
4 close to the front of the body. Actual locations finalized at the time of order.
s. Pre-wire for FuelMaster AIM II system, (cabling provided by City of Fargo).
t. Electrical powered passenger door with external door switch located at top right of door.
u. A backup alarm shall be required.
v. As built wiring schematic with diagrams and parts shall be provided.
12. HEATING/AC
a. No roof mounted AC units.
b. 50,000 BTU minimum AC unit shall be mounted in side skirt area, with evaporator portion in the rear interior
mounted against the ceiling.
c. Two (2) 65,000 BTU auxiliary heaters in passenger area
i. Each heater shall have shut off control valves to shut off the coolant lines going to the heaters.
ii. One heater shall be positioned towards the rear of the body and one heater positioned by the
passenger steps to help clear the steps in the winter.
d. Add one (1) two speed defroster fan for front windshield that can be positioned to direct air to different
parts of the windshield area.
13. SEATING
a. Minimum 28” hip to knee seat spacing.
b. Curbside seats shall be double notchback style flip seats.
1. Level four (4) seat material, grey in color.
2. 4 wheelchair position buses shall have 3 double flip seats.
3. 7 wheelchair position buses shall have 2 double flip seats and 1 single flip seats.
c. Street side seats shall be notchback style fold seats.
1. Front fold seat behind driver to include seat belts and incorporate a child restraint system.
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2. Level four (4) seat material, grey in color.
3. 4 wheelchair position buses shall have 3 fold double seats.
4. 7 wheelchair position buses shall have 5 fold double seats and 1 fold single seat.
d. Vertical stitching on all passenger seats.
e. Freedman driver’s seat.
1. Level five (5) cloth material.
2. Right hand arm rest.
3. Adjustable lumbar support.
4. Map pocket.
5. Seat belt extension for driver.
Seating Chart
14. DOORS
a. The entry door is a two-leaf, outward opening type, electrically operated, and able to be operated from the
driver’s seat. A clearly labeled, emergency over ride control is mounted in the header above the door to
allow the door to be opened in case of power failure. The door has a full clear opening width of at least 30”
and a full height of at least 80” inches.
b. A clearly labeled, emergency over ride control is mounted in the header above the door to allow the door to
be opened in case of power failure.
c. Additional external door switch is located above and to the right of the passenger door outside on the body.
d. Access panel for passenger power door mechanism.
e. Rear emergency door with windows shall meet all applicable requirements.
i. Wide angle lens affixed to window in rear escape door.
f. Full-length, tinted, AS2 glass is provided on the entry door for full visibility.
g. Access doors to the wheelchair lift shall have each have a full length window, glass to match side windows.
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h. A door ajar warning light and buzzer will be located in the driver’s area.
15. WINDOWS
a. The side passenger windows are transit type. The passenger windows are certified by an independent
testing agency to be in compliance with FMVSS 217 (Bus Window Retention and Release). Passenger
windows must be capable of opening to ensure ventilation. Windows are an upper T-Slider design.
b. The number of windows shall be determined by length of body.
c. Hinged emergency escape windows are provided on each side of the bus. In addition, a rear hinged
emergency escape door is also provided. Emergency windows are clearly labeled and operating instructions
are clearly visible. All egress windows are identified with a red LED light that is illuminated during vehicle
operation.
d. All passenger windows are safety glass with an AS-3 (safety glass rating). Windows are dark tinted to a
maximum of 26% light transmission. All passenger windows are installed in black powder coated or anodized
aluminum frames, or an equivalent. Each side window shall be 36” tall by 36” wide.
e. A curbside transition window is located between the windshield and the main passenger entry door. This
window is made of tempered safety glass and is AS-2 (safety glass rating). The size of the window is designed
to give driver maximum visibility of the curb according to body design.
f. Two windows shall be located on the rear of the body one on each side of the escape door.
g. The escape door shall have two (2) windows, the upper window shall have a wide angle lens affixed to it.
16. MIRRORS
a. Right hand and left hand, fully adjustable, breakaway style, outside rear view mirrors are provided with a
i. 2-in-1 head design that incorporates a flat mirror and a convex mirror,
ii. Flat mirror nominal 10” high and 8” wide with convex portion on the bottom.
b. Inside mirrors shall be provided to allow driver to view passenger area while driving.
17. STANCHIONS/GRAB RAILS/INTERIOR PANNELS
a. Modesty panel behind driver, upper portion shall be LEXAN.
b. Modesty panel located by side of passenger steps.
c. All stanchions/grab rails are 1-1/4” polished stainless steel and securely fastened into steel structural
members in the floor and ceiling. Stanchions shall not be mounted to sheet metal, fiberglass or other non-
reinforced areas.
d. Two (2) grab rails mounted to framework in ceiling along each side of the aisle.
e. Two (2) grab rails on each side of the passenger steps. Built as indicated in the following picture.
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18. ADA EQUIPMENT
a. ADA regulations shall supersede all requirements included in these specifications.
b. Braun Millennium 2 wheelchairs lift 800 pound lift capacity.
c. Warning light in dash area shall be provided to indicate when the door is not closed.
d. Q’Straint deluxe slide and click retractors with knobs.
e. 4 point restraint system.
f. Four (4) Blue Web Belts Q’Straint part # Q5-7580 shall be included with each bus.
g. Q’Straint storage pouches.
h. Wheelchair belt locations marked be decals.
i. All required decals required by ADA or STS regulations.
j. Any other equipment required by ADA that is not listed in this specification.
19. PAINT
a. Vehicle shall be painted white with bottom skirts painted grey. Colors shall match existing fleet.
20. COMPARTMENTS
a. Storage compartment above windshield shall be as large as allowed by body design with a single hinged door.
b. A glove box shall be located above driver’s seat with lockable access cover and light.
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21. BACK-UP CAMERAS AND WARNING SYSTEMS
a. A back-up camera system shall be installed with two (2) cameras and 7” LCD monitor
i. CabCam model A-AS7M13PIN camera system is standard in our fleet and required.
b. Location of cameras shall be one mounted facing rear and second one mounted center above wheelchair
doors aimed down to view area lift will be deployed.
c. A separate back-up warning system shall be required with audible signal for driver when it senses something
within 3 feet.
d. A separate backup alarm shall be mounted by rear bumper area and activated when put in reverse.
22. PRE-WIRING CAMERAS FOR VIDEO RECORDING SYSTEM
a. Five (5) camera locations shall be pre-wired.
i. Camera locations will be finalized at time of order.
23. REAR BUMPER
a. Rear Romeo rim help bumper, rubber, energy absorbing.
24. SAFETY EQUIPMENT
a. Fire extinguisher rated as required by FMVSS.
b. Three (3) DOT safety reflective triangles.
c. 16 unit First aid kit.
d. Body Fluid clean up kit.
e. Seat belt cutter.
25. DEFINITIONS
a. ABS Antilock Braking System
b. AC Air Conditioning
c. ADA Americans with Disabilities Act
d. CD Compact Disc
e. DOT Department of Transportation
f. FMVSS Federal Motor Vehicle Safety Standards
g. GA Gauge
h. GVWR Gross Vehicle Weight Rating
i. LED Light Emitting Diode
j. MAT Metro Area Transit
k. OEM Original Equipment Manufacturer
l. RFP Request for Proposal
m. SAE Society of Automotive Engineers
n. STS Special Transportation Services
28
BID FORM
The undersigned shall, if awarded this contract, furnish to the City of Fargo, North Dakota, the following items in
accordance with the conditions, specifications, and requirements as set forth in the Request for Proposal.
Item Description Quantity Price each Extended Price
Para Transit Bus ___3_____ $__________ $_______________
Total Bid Price $_______________
Delivery Days ARO _____________
Chassis Make/Year _____________________ Model _____________ GVRW ___________
Body Make ___________________________ Model _____________
Wheelbase _____________
Vehicle/Equipment meets specifications Yes _____ No_____
Receipt of Addendum (initial) #1______ #2______ #3______ #4______ #5______
If awarded this request, the bidder’s signature on this bid form and contract is the bidder’s contractual signature and
shall become a binding contract to furnish the awarded item(s). The City’s acceptance is conditioned upon the
resolution of any protest to the Request for Proposal.
Signature of Bidder __________________________________________________
Typed/Printed Name and Title _________________________________________
Company Name _____________________________________________________
Address ____________________________________________________________
___________________________________________________________________
___________________________________________________________________
Telephone __________________________ FAX ____________________________
Federal Tax ID No. ___________________________________________________
Dealer’s License No. __________________ State of Issue ____________________
5% Bid Bond included Yes _____ No_____
29
OPTION
7 WHEELCHAIRS/17 PASSENGER (INCLUDING DRIVER)
The undersigned shall, if this option is chosen, furnish to the City of Fargo, North Dakota, the following items in
accordance with the conditions, specifications, and requirements as set forth in the Request for Proposal.
Item Description Quantity Price each
Para Transit Bus ___1_____ $__________
Signature of Bidder __________________________________________________
Typed/Printed Name and Title _________________________________________
Company Name _____________________________________________________
Address ____________________________________________________________
___________________________________________________________________
Telephone __________________________ FAX ____________________________
Federal Tax ID No. ___________________________________________________
Dealer’s License No. __________________ State of Issue ____________________
30
REQUEST FOR INFORMATION OR APPROVED EQUAL
DUE MARCH 12, 2014 AT 4:30 PM
RFP ________________________________________________
Company/Bidder ________________________ Request # ______________________________
Page _______________________ Section _____________________ Line ___________________
Questions, Clarifications or Approved Equal Requests: _______________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
City of Fargo Response: _________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
31
BUY AMERICA CERTIFICATION
The bidder hereby certifies agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that
Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects
are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general
waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15
passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and
software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11.
Rolling stock must be assembled in the United States and have a 60 percent domestic content.
Certification requirement for procurement of buses, other rolling stock and associated equipment.
Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).
The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations
at 49 C.F.R. Part 661.11.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)
The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.
661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and
49 C.F.R. 661.7.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
32
CERTIFICATIONS AND RESTRICTIONS ON LOBBING
The undersigned Company/Contractor certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying
contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of
1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-
awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and
that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,
U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a
required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such expenditure or failure.]
The Company/Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of
its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A
3801, et seq., apply to this certification and disclosure, if any.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
33
GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29, Executive Orders 12549, 12689, and 31 U.S.C.6101 (Contracts over $25,000)
Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published and update to 49
DFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and
Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108
Stat. 3327).
The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well
as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220 (b). This represents a change
from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These
are contracts and subcontracts referred to in the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity
(as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this
by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition
to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no
longer required. 49 CFR 29.300.
Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with
to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the
requirement flows down to subcontracts at all levels). Instructions for Certification; By signing and submitting this bid or
proposal, the prospective lower tier participant is providing the signed certification set out below.
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the
contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29,
Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or
proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the municipal corporation. If it is later
determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the
municipal corporation, the Federal Government may pursue available remedies, including but not limited to suspension and/or
debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
34
BUS TESTING CERTIFICATION
Bus Testing - The Company/Contractor agrees to comply with 49 U.S.C. 5323 and FTA's implementing regulation at 49
CFR Part 665 and shall perform the following:
1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall
provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient
which will be prior to the recipient's final acceptance of the first vehicle.
2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing
facility that the report is available to the public.
3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the
identical configuration and major components as the vehicle in the test report, which must be provided to the
recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not
identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that
it is not a major change requiring additional testing.
4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the
United States before October 1, 1988, and is currently being produced without a major change in configuration or
components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details
of that vehicle's configuration and major components.
CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS
The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement complies with 49
U.S.C. 5323 and FTA's implementing regulation at 49 CFR Part 665.
The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial
assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation's regulation
on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or
debar a manufacturer under the procedures in 49 CFR Part 29.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
35
PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit
the following certifications:
(1) Buy America Requirements: The Company/Contractor shall complete and submit a declaration certifying either compliance or
noncompliance with Buy America. If the Company/Contractor certifies compliance with Buy America, it shall submit
documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer
of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a
description of the activities that will take place at the final assembly point and the cost of final assembly.
(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid
specifications.
(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-certification
sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted
buses will not be subject to FMVSS regulations.
BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS
FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
(To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently set at
$100,000.)
Certificate of Compliance
The Company/Contractor hereby certifies that it will comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C), Section
165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 C.F.R. 661.11:
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
Certificate of Non-Compliance
The Company/Contractor hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C) and
Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the
requirements consistent with 49 U.S.C. Sections 5323(j)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface
Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
36
CLEAN WATER REQUIREMENTS
33 U.S.C. 1251
Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each
violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as
required to assure notification to FTA and the appropriate EPA Regional Office.
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the
Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et . The Contractor agrees to report each violation
to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to
assure notification to FTA and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
CLEAN AIR REQUIREMENTS
42 U.S.C. 7401 et seq
40 CFR 15.61
49 CFR Part 18
Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the
Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
- (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act, as amended, 42 U.S.C. §§ 7401 . The Contractor agrees to report each violation to the Purchaser and
understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in
whole or in part with Federal assistance provided by FTA.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
37
PRE-AWARD FMVSS CERTIFICATION
The Contractor agrees to comply and FTA's regulation of FMVSS compliance, 49 C.F.R. Part 663.41, and to submit the
following self certification:
Certificate of Compliance
The Company/Contractor hereby certifies that the vehicle to be purchased complies with relevant Federal Motor
Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in part 571 of this title.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
Certificate of Non-Compliance
The Company/Contractor hereby cannot certify that the vehicle to be purchased complies with relevant Federal Motor
Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in part 571 of this title.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date
38
TRANSIT VEHICLE MANUFACTURERS (TVM)
Pursuant to the provisions of section 105(f) of the Surface Transportation Assistance Act of 1982, each bidder for this
contract must certify that it has complied with the requirements of 49 CFR Part 26.49, regarding the participation of
Disadvantaged Business Enterprises (DBE) in FTA assisted procurements of transit vehicles. Absent this certification,
properly completed and signed, a bid shall be deemed non-responsive.
Certification:
I hereby certify, for the bidder below, that it has complied with the provisions of 49 CFR Part 26.49 and that I am duly
authorized by said bidder to make this certification.
______________________________________ Company/Contractor
______________________________________ Signature of Company/Contractor’s Authorized Official
______________________________________ Printed Name
______________________________________ Title of Company/Contractor's Authorized Official
__________________________ Date