Tri-County Council for the Lower Eastern Shore of

Maryland

31901 Tri-County Way, Suite 201

Salisbury, Maryland 21804

410-341-8980, Fax 410-341-8974

REQUEST FOR PROPOSAL

Bid Number TCC-2002

Wheel Chair Accessible Medium Duty Cutaway Transit

Buses

Advertisement Date: 1/17/2016

Sealed proposal, plainly marked as such will be received at:

Tri-County Council for the Lower Eastern Shore of Maryland

31901 Tri-County Way, Suite 133

Salisbury, Maryland 21804

Attention: Carolyn Austin, Procurement Officer

On or before 2/15/2016 at 1:00 PM, after this time bid/proposals

will no longer be accepted.

All bids will be opened at this location at 1:30 PM on 2/15/2016.

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Table of Contents

Title Page Information for Bidders 3

1. Description of the Work & Small Bus Specifications 5 2. Bidding Procedures 32 3. Explanations 32 4. Award of Contracts 33 5. Minority Business Enterprises 33 6. Delivery – Title and Tags 33 7. State & Local Law Disclaimer 33 8. Bid Protests 33 9. Minor Irregularities in Bids or Proposals 34 10. Termination (TCC LES, Inc. Terms) 34 11. No Government Obligation to Third Parties 35 12. Program Fraud & False or Fraudulent Statements 35 13. Access to Records 35 14. Federal Changes 36 15. Termination (FTA Terms) 36 16. Civil Rights Requirements 37 17. FTA DBE Requirements 37 18. Incorporation of FTA Terms 38 19. Debarment and Suspension 39 20. Buy America 39 21. Breaches and Dispute Resolution 39 22. Lobbying 41 23. Clear Air 42 24. Clean Water 42 25. Cargo Preference 42 26. Fly America 42 27. Davis-Bacon & Copeland Anti-Kickback Acts 43 28. Contract Work Hours and Safety Standard Act 43 29. Energy Conservation 44 30. Recycled Products 44 31. Access Requirements for Individuals with Disabilities (ADA) 44 32. Assignment 45 33. Price Adjustment 45 34. Price Adjustment for Regulatory Changes 46 35. Economic Adjustment Clause 46 36. Pre Award Audit 46 37. Post Delivery Audit 47 38. Altoona Testing Requirements 48

Bid Forms 49 Appendices 1. Request for Exception/Clarification 51 2. Buy America Certification of Compliance or Waiver 52 3. Manufacturer’s FMVSS Certification 53 4. Purchaser’s Requirements Certification 54 5. Lobbying Certification Form 55 6. TCC Procurement & Bid Protest Procedure 56

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INFORMATION FOR BIDDERS

BIDS will be received by Tri-County Council for the Lower Eastern Shore of Maryland/ Shore

Transit Division (herein called "TCC LES”), at Tri-County Council for the Lower Eastern Shore of Maryland, 31901 Tri-County Way, Suite 201, Salisbury, Maryland 21804 during normal business hours until 1:00 p.m., 2/15/2016.

Bid Opening Date will be on _2/15/2016 at 1:30 PM at 31901 Tri-County Way, Salisbury,

Maryland 21804. All Bidders are invited to attend.

Each BID must be submitted in a sealed envelope, addressed to Tri-County Council for the Lower Eastern Shore of Maryland and must be plainly marked on the outside as “BID No. TC 2002_ Wheel Chair Accessible Medium Buses”. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the BID cannot be awarded within the specified period, the time may be extended by TCC LES. It is the intent to award the BID within 60 days of the actual opening. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the nature of the SCOPE OF WORK to be delivered.

TCC LES shall provide to BIDDERS prior to BIDDING, all information which

is pertinent to, and delineates and describes the scope of the BID. This contract shall be awarded to the bidder whose bid meets the requirements of this bid and is the most competitive bid.

TCC LES reserves the right to not award the contract. TCC LES reserves the right to purchase one to ten buses as described with in this RFP at any time from the successful bidder from award date to June 30, 2020. The party to whom the BID is awarded will be required to execute the Agreement within ten (10) calendar days from the date when NOTICE OF AWARD is mailed to the BIDDER.

The NOTICE OF AWARD shall be issued simultaneously with the execution of the Agreement by TCC LES. Should there be reasons why the NOTICE OF AWARD cannot be issued within such period; the time may be extended by mutual agreement between TCC LES and BIDDER.

TCC LES may make such investigations as it deems necessary to determine the ability of the BIDDER to perform the WORK and the BIDDER shall furnish to TCC LES all such information and data for this purpose as TCC LES may request. BIDDER will provide to TCC LES certification that it has the capacity to provide and service the product requested under this bid (Appendix 4). BIDDER will provide TCC LES with their DUNS and CCR Cage numbers. TCC LES reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy TCC LES that such BIDDER is properly qualified to carry out the objectives of the project and to complete the WORK contemplated therein. A conditional or qualified BID will not be accepted. This contract shall be awarded to the bidder whose bid meets the requirements of this bid and is the most competitive bid.

All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over this project shall apply to the contract throughout. Each BIDDER is responsible for reading and being thoroughly familiar with the BID specifications. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to their BID.

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All protests relating to this solicitation, the selections and/or award must be filed in writing with Tri-County Council for the Lower Eastern Shore of Maryland in accordance with the TCC LES Bid Protest Procedure found in Appendix 5. The term “filed” means receipt by the procurement officer. Protesters are cautioned that protests should be transmitted or delivered in the manner that shall assure earliest receipt. A protest received by the procurement officer after the time limits prescribed may not be considered. Oral protests will not be considered. A protest based upon alleged improprieties in a solicitation that are apparent before bid opening or the closing date for receipt of initial proposals should be filed prior to the bid opening date. Alleged improprieties that did not exist in the initial solicitation but which are subsequently incorporated in the solicitation shall be filed in accordance with Appendix 5. Questions/Clarifications: All clarifications must be submitted in writing (e-mail is acceptable). All answers will be provided in written format and will be shared with all BIDDERS. The deadline for submission of any questions or clarifications shall be 1:00PM on 2/1/2016.

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TECHNICAL SPECIFICATIONS Medium Bus for Tri County Council

For the Lower Eastern Shore of Maryland (TCC)

1. DESCRIPTION OF THE WORK: Tri-County Council for the Lower Eastern Shore of Maryland, is accepting proposals for up to nineteen (19) Medium Duty Passenger Buses to be utilized by Shore Transit Division, a division of the TCC LES. This bid will be available to award through June, 2020 where the Passenger Buses may be purchased individually throughout this time period. Buses will be purchased based on the funding made available by the Federal Transit Administration, Maryland Transit Administration and other funding sources. Prospective bidders must also include DUNS & CCR numbers. Tri-County Council for the Lower Eastern Shore of Maryland is a Maryland Sales Tax Exempt Agency. Delivery will be made to Shore Transit, 31901 Tri-County Way, Suite 133, Salisbury, MD 21804 and include a 60 Day Temporary Tag along with all documentation needed to title the vehicle. Minimum specifications are as follows:

TECHNICAL SPECIFICATIONS General Overview

The purpose of this specification is to provide a Diesel/Gasoline powered medium duty vehicle manufactured on a cutaway chassis with provision for stand-up entry, a wheelchair lift and securements as detailed in this specification. The product furnished shall be of first class quality and the workmanship shall be the best available in the various trades. No omission of any parts or details that make the vehicle fully serviceable or operational even if not mentioned in these specifications will be accepted. ALL VEHICLES IN ACCORDANCE WITH THIS SPECIFICATION MUST MEET ALL THE REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT (ADA), STATE AND FEDERAL LAWS, REGULATIONS AND STANDARDS

Requirements

A. Vehicles are to be equipped with 2015 Emission Compliant Cummins or approved equal that meets minimums of 6.7L, 240 HP, 560 lbs. of torque 6Cyl. Diesel engine or a Ford or approved equal that meets minimums of 6.8L, 362 HP, 457 lbs. of torque V10 Gasoline engine.

B. Vehicles shall provide features essential for safe, efficient and comfortable operation. Driver shall have optimum road and traffic visibility under all driving conditions. The vehicle must be maneuvered easily in normal and heavy traffic.

C. Vehicles shall be designed and manufactured using a Ford F-650 Super Duty or approved equal or Freightliner S2C or approved equal commercial cutaway bus chassis that meets a minimum wheelbase of 217” of the latest model year available as specified herein.

D. Vehicle assembler, converter, or second stage manufacturer whose product is offered, as part of this bid must be formally approved by the chassis manufacturer for the additions made to/on the chassis.

E. Vehicles must comply with all relevant Federal, State and Local regulations and requirements.

F. Vehicles must comply with the accessibility regulations established by the United States Department of Transportation as specified in 49 CFR Parts 27, 37, and 38, as amended.

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G. Vehicles offered under this procurement must comply with vehicle testing requirements of USDOT 49 CFR Part 665, as amended. The bidder shall submit a letter of certification, titled Form CM-3: Certification of Federal Vehicle Testing, with their Technical Proposal stating that the "vehicle proposed has (has not) been tested at the Altoona Bus Research and Testing Center (ABRTC). A copy of the Altoona test shall be submitted with the technical proposal.

H. The wheelbase and GVWR shall be selected to carry the driver, seated and standing passengers, wheelchair and bus body loads without exceeding the manufactures recommended axle, wheel and tire loads.

I. The successful Bidder shall submit weight calculations with their proposal, ensuring that the chassis manufacturer’s requirements concerning weight distribution have been met. These weight calculations shall also be utilized to determine that the proposed vehicle total weight (GVW) remains less than the GVWR.

J. The price quoted in any bid submitted shall include all items of labor, material, tools, equipment, and other costs necessary to fully complete the manufacture and delivery of the vehicles pursuant to these specifications. It is the intent of these specifications to provide and require a complete vehicle of the type prescribed ready for operation including all required equipment such as seats and seatbelts. Vehicle shall be fully compliant with all ADA requirements including a wheel chair lift. The Bidder shall assume sole responsibility for the entire vehicle as to warranty and after-sales parts and service. This includes the pick-up and delivery of the vehicle.

K. This specification reflects the buyer’s preference as to dimensions, materials and major components. However, the bidder shall not omit any part or detail, which goes to make the vehicle complete and ready for service, even though such part or detail is not mentioned in these specifications.

L. A Pre-Production Meeting will be held at the factory with the winning bidder prior to the start of production. The purpose of the meeting is to review the final configuration of the vehicles as proposed by the winning bidder and for TCC to review all approvals listed in this specification.

LEGAL REQUIREMENTS

A. Upon submission of bid, the Bidder shall provide TCC specific documentation demonstrating compliance with legal requirements below:

B. Bidder shall submit with the bid, documentation certifying that the proposed vehicle meets all applicable Federal Motor Vehicle Safety Standards (FMVSS) Regulations in effect on the date of manufacture of the bus body. At a minimum the following standards shall be included in the certification.

FMVSS 102 FMVSS 207 FMVSS 217 FMVSS 403 FMVSS 104 FMVSS 208 FMVSS 220 FMVSS 404 FMVSS 119 FMVSS 209 FMVSS 221 (if applicable) FMVSS 205 FMVSS 210 FMVSS 302

C. The Contractor shall comply with all applicable Federal, State and Local regulations including all relevant portions of the Americans with Disabilities Act (ADA). In the event of any conflict between the requirements of this specification and any applicable legal requirement, then the legal requirement shall prevail.

MATERIALS

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A. All units and components procured under this contract, whether provided by suppliers or manufactured by the Contractor shall be duplicated in design, manufacture and installation to assure interchangeability among vehicles in each order. This interchangeability shall extend to the individual components as well as to their locations in the vehicles.

B. Whenever possible, the Contractor shall use standard parts and components. Custom design items shall be avoided when standardized parts and components are available.

C. Wherever an item, material, apparatus, device, product or process is called for by trade name or catalog reference, or by the name of the patentee, manufacturer or dealer in these specifications, it shall be construed as establishing a minimum standard of quality and not construed as limiting competition. In these instances, a Contractor desiring a substitution shall request an approved equal under the procedures specified in Requests for Exceptions/Approved Equals.

D. The Contractor shall be responsible for all materials and workmanship in the construction of the vehicle and all accessories used, whether manufactured by the Contractor or purchased from suppliers. This provision excludes any equipment leased or supplied by TCC, except in so far as such equipment is damaged by the failure of a part or component for which the Contractor is responsible, or is caused by the Contractor during the manufacture of the vehicles.

E. The Contractor shall install all externally supplied components as per the specifications of the manufacturer/supplier. Where the contractor does not follow the installation instructions of the manufacturer/supplier, the contractor shall be solely responsible for ensuring that the component performs as designed and to the complete satisfaction of TCC.

F. All nuts, bolts, washers, and exposed linkages shall be zinc/cadmium plated, phosphate-coated, stainless steel to prevent corrosion.

G. All plywood shall be marine-grade with sealed waterproof edges, impervious to rot, insects, and internal and external voids.

H. All painted aluminum sheets shall be thoroughly cleaned and coated on the outside with zinc-chromated protective paint, epoxy primer prior to assembly on or in the vehicle.

I. All joints shall be treated to prevent corrosion; materials and application shall be the approved method of the manufacturer.

WORKMANSHIP

A. Workmanship shall be the best grade and shall conform in all respects to the best practice in the industry. Welding procedures, welding materials and qualifications of operators shall be in accordance with the standards of the ASTM and the American Welding Society. All exposed welds shall be ground smooth after welding to present a smooth appearance. Where metal is welded to metal, the contact surfaces shall be free of scale, grease and paint.

B. All materials that are not corrosion resistant shall be protected with corrosion-resistant coatings. All joints and connections of different types of metals shall be corrosion resistant and be protected from corrosion.

C. All bolts or rods passing through wood shall be cadmium-plated or stainless steel. Where wood to wood joints are placed together, both shall be coated with linseed oil and titanium oxide sealing compound.

D. All exterior surfaces shall be smooth and free of visible fasteners, wrinkles, and dents. Exterior and interior surfaces, to be painted, shall be properly cleaned and primed as appropriate for the paint used, prior to application of paint to assure a proper bond between the basic surface

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and successive coats of paint for the service life of the vehicle. Paint shall be applied smoothly and evenly with finished surface free imperfections.

E. All exterior light fixtures and window frames shall follow the contour of the vehicle body and adequately sealed to prevent entrance of water.

F. All rubber seals on ventilator doors and compartment cabinet doors, except vents above windshield, shall be placed in "U" shaped channels designed to hold rubber firmly in place, or captures by a retaining lip around the perimeter of the doors for interior equipment access doors and hatches which include recessed gaskets or the manufacturer shall submit another method for approval.

G. All sharp edges shall be dressed to prevent injury to passengers, operators and maintenance personnel.

H. Special care shall be taken with the outside sheathing, roof, roof bonnets, and the interior finish so that all kinks and buckles are removed before assembly to present a true and smooth finish without excessive grinding of the material which could tend to weaken the structure.

I. Drilled holes and cutouts in exterior surfaces shall be made prior to cleaning, priming and painting. The bus shall be completely painted prior to installation of exterior lights, windows, mirrors and all other items that are applied to the exterior of the bus.

GENERAL DIMENSIONS

Chassis: Ford F-650 Super Duty or approved equal or Freightliner S2C or approved equal that meet the minimum GVWR and Wheelbase.

GVWR: 29,000 lbs. Minimum

Wheelbase: 217” Min.

Overall Length: 384” Min.

Overall Height: (Ex. All Protrusions) 125” Max.

Overall Exterior Width: (Ex. Mirrors) 96” Max.

Interior Center Aisle Height: 78” Min.

Interior Width: 92” Min.

Height to First Step: 11.5” Max.

Step Riser Height: 9.5” Max.

Tread Depth: 9” Min.

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Seating/Wheelchair Capacity: 28 seating and 2 wheelchair positions Minimum

Aisle Width: 17” Min.

Passenger Door Opening: 36”w x 85”h Min.

Wheels: Painted Steel disk (White) (Interchangeable)

Tires: Goodyear /Michelin 255/80R22.5G

Matching spare wheel and tire: Shipped loose

Vehicle Service Life 10 years or 350,000 miles

AXLES

A. The front axle shall have a load rating of 10,000 lbs.

B. The rear axle shall be the chassis manufactures heavy duty standard unit with a load rating on 19,000 lbs.

SUSPENSION

A. The heaviest duty springs, shock absorbers, wheel bearings, hubs and spindles available for the GVWR shall be provided.

B. Front springs shall be 10,000 lb. with shock absorbers, rear air ride suspension (19,000 lb.) with sway bar. Front springs and rear air ride suspension shall have a capacity rating of at least the rating of the axles.

C. Rear Air Ride suspension will have dual leveling valves.

D. A driveshaft guard shall be installed to prevent contact with the undercarriage of the bus and ground in case of a driveshaft universal joint failure.

WHEELS AND TIRES

A. Vehicles shall be equipped with the chassis manufacturers heaviest duty 10 hole steel disc wheels, Oxford white (inside and out).

B. Vehicles are to be equipped with tubeless, all-season, steel belted radial tires of minimum size Goodyear or Michelin 255/80R22.5G BSW-AS

C. One (1) full size Matching spare tire, mounted on a 10 hole steel disc, Oxford white (inside and out), will be provided for each vehicle.

D. All wheels and tires are to be interchangeable.

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ENGINE

A. Engine shall be medium-duty truck-type 2015 Emission Compliant Cummins or approved equal that meets minimums of 6.7L, 240 HP, 560 lbs. of torque 6 Cyl. Diesel engine or a Ford or approved equal that meets minimums of 6.8L, 362 HP, 457 lbs. of torque V 10 Gasoline engine.

B. The engine shall be furnished with a large capacity full flow oil filter of the spin-on type. The filter shall be easily reached and replaced without removal of any major component in addition to an auxiliary oil cooler mounted in front of the engine behind the grill to help the engine oil maintain proper operating temperature.

C. The engine and exhaust system must meet all applicable federal standards for noise level and emissions. The exhaust shall be routed to the left rear corner.

D. A sound reduction package from the OEM shall be included with the engine and shall be provided to include dash sound/heat absorption, external engine cover insulator and instrument panel insulation.

E. Chassis shall be equipped with a OEM speed control (road speed governor), preset by the chassis OEM to a maximum speed of 75 mph.

F. A driver adjustable cruise control shall not be a substitute for the road speed governor requirement.

G. An automatically engaging "engine high-idle" system with a manual override switch shall be installed in the dash area or in a separate panel within easy reach of the seated driver.

H. A OEM chassis manufacturer’s auxiliary engine oil cooler shall be provided.

I. Bidder shall provide engine/transmission manufacturers hand-held diagnostic data reader kit for reading trouble codes stored in ECM memory and for providing operating information about the engine. The diagnostic data reader shall also be capable of programming changes in operating parameters and of diagnosing the electronically controlled transmission. The kit shall include: instruction manuals with codes, hookup cables and appropriate software to properly diagnose the bus. Chassis/Transmission diagnostic software updates shall be provided for a term of this RFP

TRANSMISSION

A. The transmission shall be a six (6) speed Allison 2200 PTS series or approved equal or six (6) speed Ford TorqShift series or approved equal fully automatic, electronically controlled unit that meet requirements of the approved engine.

B. The transmission shall be equipped with an OEM auxiliary transmission fluid cooler in order to maintain a safe operating temperature under all conditions, transmission cooler shall be the largest size available. All connections shall be made with threaded fittings and flared stainless steel tubing.

C. A transmission over-heat sensor connected to a warning light mounted in the driver's compartment shall be provided. Sensor shall activate at a temperature 5°F below the manufacturer specified maximum safe operating temperature.

D. The transmission shift indicator shall be interlocked with the starter to prevent engagement in any gear position other than neutral or park.

E. The transmission shift lever shall be interlocked to prevent shifting from ‘Park/Neutral’ without the brake pedal being pressed.

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STEERING

A. Vehicle shall be equipped with OEM power steering and an auxiliary power steering fluid cooler.

B. Steering wheel shall have an adjustable tilt feature.

FUEL AND EXHAUST SYSTEM

A. 50 gal minimum fuel tank shall be used for each vehicle type.

B. Fuel tank shall be constructed of welded steel, and equipped with a safety blow out plug per I.C.C. regulations with all protective heat shields. Fuel tank shall meet FMVSS standard 301 and FMCSR 393.67.

C. Fuel tank shall be installed between the frame rail and have a inside floor access panel.

D. Fuel cap shall be attached to the vehicle body or fuel tank fill tube by means of a tether or chain.

E. Exhaust tail pipe shall conduct the exhaust gases from the muffler to an outlet with stainless steel or aluminized deflector directed to the rear street side of the vehicle. Exhaust tail pipe shall be properly installed with heat shields on vibration mounts and not exhaust directly under a window.

BRAKES

A. Brakes provided must feature a heavy duty 4-wheel disc anti-lock braking system, power assisted, heavy-duty hydraulics, self-adjustment and must be rated to the GVWR of the chassis.

B. The braking system shall comply with FMVSS 105 and FMVSS 106.

C. Parking brake shall be OEM air operated mechanical system.

D. There shall be a parking brake warning light and air pressure gauge mounted in the dashboard.

E. Routing of hydraulic and air brake lines shall be such as to minimize corrosion from road salt, other chemicals and road hazards. Lines shall be sufficiently separated so that simultaneous failure due to accidental damage or debris impact is unlikely to occur.

COOLING SYSTEM

A. The radiator shall be the heaviest duty available from the chassis manufacturer and shall be equipped with a surge or overflow tank so that the OEM coolant is expelled saved and restored to the cooling system.

B. The cooling system must provide adequate engine cooling at 100°F ambient temperature with air conditioner(s) on.

C. Vehicle to be provided with OEM all season coolant, to protect cooling systems to -20°F.

BODY, FRAME AND EXTERIOR

A. The design, materials and assembly shall result in a durable vehicle structure able to operate for the expected ten (10) year life span of the vehicle under normal transit operating conditions.

B. The highest possible quality of Ford F-650 Super Duty or approved equal or Freightliner S2C or approved equal commercial cutaway bus chassis is required for the vehicle understructure.

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The body, including the roof, shall be of sufficient strength to support the entire weight of the fully loaded vehicle on its top or side, if overturned when the vehicle is stationary.

C. Body and roof support frame shall be a welded, all steel rollover cage, adequately reinforced at all joints or where stress concentrations may occur. Passenger compartment rollover cage must extend over driver’s area. Bidders must provide evidence from an independent testing agency that the bus body meets the requirements of FMVSS 220

D. The sidewalls of the vehicle shall be constructed to provide a straight vertical panel from floor to ceiling. Exterior wall panel(s) shall be durable aluminum alloy. The number of exterior panels shall be kept to a minimum to minimize the number of body panel seams. All exterior panels shall overlap the adjacent panels by a minimum one (1) inch to prevent water or moisture from penetrating the exterior skin of the vehicle. All fixed exterior panels shall be closed end riveted, bonded, welded or securely fastened to the body structural members with a method approved by TCC. No exposed metal screws shall be permitted.

E. Where applicable, sidewall structure shall be adequately reinforced to support attachment of wheelchair-related securements, seat belts and shoulder harnesses

F. The roof shall be constructed so that there will be a minimum of 79 inches of interior headroom in the entire vehicle. Twisting motion of the vehicle must not cause a separation of the sealer at the joints of the roof and the side panels of the vehicle. Roof super-structure shall be constructed of a 1-piece seamless construction. Roof panel shall be sealed and overlap side panels by minimum of 1 inch. The overlapping panel construction is to prevent water leakage into the vehicle. Other assembly methods will be evaluated providing that the Bidder submits an approved equal. Panels shall be riveted, bonded or welded to the superstructure.

G. Minimum OEM chassis corrosion protection warranty shall be five (5) years unlimited mileage. The interior of doors, walls, pillars, windshield framing, headers, headlamp recesses, hood braces, all double panel areas and all their enclosed areas, including the inner surfaces of all tubular construction, must be treated with a rust-proofing process. Holes drilled in doorposts and edges, sills, etc. for the application of the material shall be plugged with rubber, neoprene or plastic plugs. A manufacturer's certification shall be provided, stating that all components listed above have been zinc coated prior to finish coating application.

H. The entire body frame understructure is to be rust proofed /undercoated at the body manufacturer’s site or at a location in close proximity to this factory. Undercoating must be applied in compliance with all supplier and applicable federal standards.

I. Front and rear body caps shall be constructed of fiberglass, bonded and sealed to the vehicle body by a minimum of 1 inch overlap to prevent the penetration of moisture into the interior of the vehicle body. Fiberglass caps shall be of the sturdiest construction possible to endure the entire life of the vehicle.

J. All bolts and rivets used in the manufacture of the body shall be high strength metal. All bolts shall be equipped with lock washers or other acceptable devices to prevent loosening under vibration. All nuts, bolts, clips washers, clamps, and like parts shall be zinc- or cadmium-plated, stainless steel to prevent corrosion.

K. Sheet metal screws of any type shall not be used in the construction of bodies except for attaching electrical wire moldings, exterior molding trim and end caps and or light fixtures, or for interior panels which must be removed to give accessibility to other interior or concealed components.

L. All exposed screws and fasteners shall be painted or finished to blend in with the surrounding area.

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M. Mud flaps shall be provided for all wheels. In the event the tires extend beyond the side of the bus body, splash aprons and fenders shall be provided. Mud flaps shall be constructed from ¼ inch thick black thermoset plastic.

N. A flexible, high-quality, tenacious colored caulking compound must be applied to the top of all rub rails, all unwelded metal joints, and to any place which would allow moisture to enter through the joints of the exterior panels. This does not include the fresh air intake of the heater or the drain openings at the bottom of the rub rails. The compound shall be applied in a neat and without voids or skips. Body shall be thoroughly water tested and made tight to prevent leakage.

O. Front bumper shall be OEM and rear bumper shall be Romeo Rim "Help" energy absorbing style bumper or approved equal or Transpec style energy absorbing rear bumper or approved equal. Rear bumper shall be constructed of urethane rubber and black in color, and an anti-ride design.

P. Two (2) tow eyes are to be provided at the rear of the vehicle under the rear bumper for towing and lifting Two (2) tow eyes are to be provided under the front bumper to assist in towing and lifting. Each towing device shall withstand, without permanent deformation.

Q. Rain gutters shall be provided to prevent water from flowing from the roof onto the side windows and passenger doors. An expanded rain gutter shall be applied at the driver’s door. Rain gutters shall be fabricated of materials compatible with that portion of the vehicle body to which they are attached, and shall be welded to the vehicle body with a continuous weld or an approved equal adhesive system.

R. A stepwell shall be provided in which the first step is a maximum of 11.5 inches above ground level.

S. Vehicle exterior shall be painted or manufactured from gel coat finished fiberglass or pre-primed and prepainted exterior skins.

T. License plate holders shall be mounted on the front and rear. The license plates shall be either flush-mounted or recessed. The license plate mounting shall not allow a toehold or handhold for unauthorized riders. The rear license plate location shall be lighted.

U. Vehicle shall be equipped with a driver’s side OEM running board.

INSULATION AND FIRE SAFETY

A. The passenger and engine compartments shall be separated by a bulkhead constructed of fireproof and/or fire retardant materials. The bulkhead shall serve to inhibit the spread of any engine compartment fires into the passenger-occupied section of the vehicle. The bulkhead shall be insulated with a minimum of one (1) inch thick fire-resistant fiberglass material or equivalent to minimize transmission of noise, heat and fumes.

B. Materials used for insulation throughout the vehicle shall be fire resistant and have noise-absorbing and insulating properties. The materials used shall not release flammable or poisonous fumes in the event of fire or exposure to heat. Materials shall be sealed to minimize entry of moisture and resistant to fungus and insects. Vibration compacting or settling during the life of the vehicle shall not affect any of the insulation materials' properties.

C. The complete roof shall be insulated with at least 1-inch thick fire resistant fiberglass insulation or 1½ inch thick rigid Styrofoam insulation.

D. Thermal insulation shall allow internal temperatures of the vehicle to be maintained between 65° F. and 80° F. in all operating conditions. The vehicle shall be sealed so that the driver or passengers during normal operation will feel no drafts with the passenger doors closed.

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E. With the exception of the driver’s seat, all materials used in the vehicle shall meet or exceed the flammability and smoke emission requirements specified in Docket 90.

FLOOR AND STEPWELL

A. Plywood shall be a minimum 3/4” thick, Marine grade plywood, installed with side “A” facing up, with edges sealed. Plywood shall be of a grade that is manufactured with a solid face and back. All surface irregularities shall be filled and the subfloor sanded smoothly. The floor, as assembled, including the sealer, attachments and covering shall be waterproof sealer and resistant to mold growth and impervious to insects. A galvanized steel or aluminum sub-floor [moisture barrier] shall be installed beneath the plywood and shall be suitably sealed and completely undercoated prior to installation, with attention to the rear wheel-wells.

B. Floor shall be securely attached to underframe through elevator bolts and self-tapping countersunk screws or tapping plates (with a thickness equal to a standard nut). Floor fasteners shall be protected from corrosion for the service life of the bus. The floor shall withstand the 40,000 pounds with less than 1/16thof deflection at the perimeter. All floor joints shall be 100% sealed from moisture prior to being installed on the steel understructure

C. There shall be no steps in the aisle area, and no passengers shall be required to step up to get to their seat.

D. The flooring shall be 3/16” ribbed in the stairwell, aisle and smooth under the seats. All joints shall be sealed to prevent moisture intrusion onto the subfloor. The floor shall have excellent resistance to scuffing, temperature changes, tearing. All materials shall be color matched and subject to approval by TCC.

E. A permanent two (2) inch wide, full width, bright white or bright yellow band shall mark the edge of each step. The colors shall be permanently blended into the tread covering material. Each tread shall be completely sealed around the edges with a waterproof rubber sealant.

F. A stepwell low voltage electric heater pad shall be installed on the first step beneath the floor covering of the initial step to eliminate ice and snow build-up.

G. The top surface of any wheelchair securement floor plates shall not constitute a tripping hazard and meet all state and federal guidelines.

H. An access panel will be added to the floor for access to the top of the fuel tank.

MIRRORS

A. Two (2) fully adjustable, Roscoe or approved equal that meet the specification minimum or Lucerix or approved equal that meet the specification minimum, exterior left/right side view mirrors, front crossview mirror, and Fresnel(fisheye) lens for the rear door shall be provided. Each head shall incorporate replaceable mirrors including: a 9.5 x 7 inch flat mirror (minimum), and a separate 4 x 6 inch (minimum) convex mirror. The mirrors shall have integrated directional turn signals and also be heated and remote controlled. Heat and Remote mirror controls shall be located within easy reach of the driver.

B. Mirror brackets are to be made from carbon tubing or anodized cast aluminum, black in color. Brackets shall be spring-loaded, feature single point mounting and be designed to fold out of the way without damage to the mirrors or vehicle body upon contact with an obstruction or when met with resistance.

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C. The left side mirror shall be mounted on the driver’s door and be electrically and remotely adjustable. The right side mirror shall be electrically and remotely operated. The right side mirror shall be body mounted forward of the passenger door.

D. Each vehicle shall be equipped with a fully adjustable rear view mirror mounted in easy reach for the drivers viewing of the passenger compartment.

DOORS

A. The vehicle shall be equipped with four (4) doors: A passenger entrance door with steps on the curbside front, a driver’s entrance door on the roadside front, rear door for use as an emergency exit with non-locking mechanisms. The wheelchair door will consist of two (2) panels. Each door must have one (1) window and handle with non- locking mechanisms. If the vehicle is in operation, any unsecured doors shall illuminate a warning lamp on the driver’s dashboard panel. Only the driver’s door shall be equipped with a key locking mechanism which shall be provided by the OEM manufacturer.

B. Design and operation of all doors, hatches, mechanisms, markings, emergency devices, warning lights and related equipment shall comply with all applicable State and Federal regulations.

Front Doors

1. The front passenger door shall be an outward-folding double leaf design (transit) door and shall be located on the curbside of the vehicle behind the front wheel. The clear door opening between hand rails shall be a minimum of 36 inches in width. The door opening shall be a minimum of 85 inches in height measured from the first step to the door header. Each door leaf shall have a minimum 2-1/2 inch rubber outer edge to protect passengers in the event of an inadvertent door closing. The door portal opening shall be reinforced to insure the structural integrity of the vehicle.

2. The door shall be electrically operated from the driver's position and shall be held in the open or closed position with a passive mechanical interlock or detent. The front doors shall be equipped with an interior safety release mechanism, permitting the doors to be mechanically opened in the case of an emergency.

3. The driver's entrance door shall be the standard chassis manufacturer's equipment.

Emergency Exit Door

1. Emergency exit door shall be located in the rear of the vehicle. The door shall be of a single leaf design and shall include either a spring loaded hold-door-open system to maintain a clear opening or a latching mechanism, in order to facilitate emergency exit operations. Minimum dimensions of the clear door opening shall be 57 inches high by 36 inches wide minimum.

2. Opening of the rear door shall activate a rear door ajar buzzer and illuminate a red warning lamp on the driver's dash panel, whenever the door is not secure.

3. The emergency door shall have upper and lower glazing and include one 11” x 14” static cling Fresnal‘fish eye’ wide-angle rear window lens. The lower window shall have a see through mechanism to prevent contact of mobility devices. The door shall be operable from inside vehicle and outside the vehicle and shall have a non-locking door handle. The structure of the door, mounting equipment, inside and outside trim and any exposed mechanisms shall be of durable, corrosion resistant material that is rigidly reinforced. Positive stops to limit the door travel in both the open and closed positions shall be provided.

Wheelchair Lift Service Door

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1. The wheelchair lift service doors shall be located aft of the rear axle on the curbside of the vehicle and shall have a minimum opening of 42 inches wide by 68 inches high minimum. The actual position shall be determined by maximizing the passenger carrying capacity of the vehicle for at least two (2) wheelchairs and the required number of ambulatory passengers in fixed forward facing positions.

2. The wheelchair lift service door shall be of a single door design with a non-locking mechanisms. Doors shall be held in the open position by means of a gas strut.

3. All exposed edges in the doorframe shall be smoothed to remove rough or sharp edges and padded with cushioning material to prevent injuries during passenger loading operations.

4. Opening of lift door shall illuminate an amber warning lamp on the driver's dash panel. This lamp shall be marked with words ‘Door Ajar”.

Emergency Roof Hatch

1. One (1) emergency escape hatch will be provided. A Transpec Model 1000 or approved equal or SMI 1070 Series Safety Vent II or approved equal roof hatch with exterior hatch release handle shall be provided as an emergency escape exit. Hatch shall be hinged so that the entire lid can be swung away from the opening by passenger operation of a release handle flush-mounted in the interior face of the hatch. The emergency escape hatches shall be permanently attached and shall measure 24 inches by 24 inches. Hatches shall also be designed to provide emergency ventilation, ram front, with rear exhaust.

2. The escape hatch shall be installed in the center of the vehicle roof, with clear emergency escape instructions in English/Spanish.

WINDOWS

A. All window areas must comply with applicable Federal Motor Vehicle Safety Standards in effect at the time of manufacture of the vehicles.

B. The driver's entry door window shall be OEM electrically operated.

C. Passenger’s door and rear glass shall be clear tempered glass.

D. Side windows shall be typical transit vehicle type T-Slider. The window shall be positioned with a slide open ventilation section mounted in the top portion of the window frame.

E. At least four (4) of the panoramic windows shall be emergency exit windows, two per side. The emergency windows shall be located so as not to be blocked by the seat backs or folding seats. They shall be hinged at the top of the frame with positive-locking emergency release latches at the bottom or sides. Metal plates and emergency decals imprinted with emergency operating instructions in English/Spanish shall be installed for the push-out sashes.

F. All windows shall be fitted with durable, firmly installed weather seals to prevent the entrance of air and water.

G. A full window shall be provided in the transition panel between the windshield and the ambulatory passenger door(s) to eliminate the blind spot created by the transition panel and enable the driver to view the curb from the driver’s seat. The body panel partition between the transition window and entrance doors shall be as narrow as possible to maximize the driver’s view of the area around the entrance doors.

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WINDSHIELD WIPERS

A. Two electric motor driven windshield wipers, with a minimum of 2 fixed speeds and an intermittent shall be provided.

B. The windshield washer shall be OEM electrically operated.

C. There shall be a minimum reservoir capacity for one (1) gallon of windshield washer fluid.

EXTERIOR LIGHTING

A. All exterior lights must meet all Federal Motor Vehicle Safety Standards requirements. All exterior rear and roof marker bus body lights are to be LED with protective lenses.

B. Headlights shall be the quartz halogen sealed beam type with Daytime Running Lights.

C. Reflectors (amber at front and red in rear) shall be installed on each side of the vehicle, as well on the rear of the vehicle.

D. Rear lamps shall consist of red LED combination stop/tail lights and separate amber LED turn signal lenses.

E. A third red LED brake light shall be mounted in the center of the rear panel above the emergency door as per revised federal automobile regulations.

F. Two bright white LED backup lights shall be provided and shall be supplemented by an audible backup alarm.

G. A rear white LED license plate light shall be provided.

H. There shall be an override switch to permit continuous flashing of the directional signals (hazard warning lamp system).

I. An LED turn signal marker light is to be mounted either at or near the vehicle beltline slightly in front of the rear axle or above the rear wheel wells and shall be amber.

J. Two additional flashing LED amber warning lamps, shall be provided to signal passenger loading/unloading operations. They operate automatically whenever the passenger loading door, service door, or rear emergency doors are open or when the hazard warning lamps are activated. These two LED lamps shall be located at the extreme outer edges of the roof above the rear door.

K. The passenger entrance doorway and the lift doorway shall have outside LED light(s) which, when the door is open, provide at least 1 foot-candle of illumination on the street surface for a distance of 3 feet perpendicular to all points on the bottom step tread or lowered lift platform outer edge(s). These lights shall automatically illuminate when the door(s) are opened.

INTERIOR LIGHTING

A. All interior lights shall be LED and must meet Federal Motor Vehicle Safety Standards requirements.

B. An individually switched LED dome light shall be provided for the driver in the driver’s compartment.

C. Interior shall be illuminated with LED low profile strip lighting so as to provide a minimum of 12 foot-candles of illumination .

D. Driver courtesy light shall light when driver door is opened. All other interior lights shall operate only when ignition is in “ON” position. Stepwell and exterior front door lights shall

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operate when the front passenger door is opened. A driver controlled override rocker switch shall be provided to allow operation of all interior passenger courtesy lights when the passenger front doors are open or closed.

E. There shall be LED stepwell lighting which energizes automatically when the passenger door is open. Lighting shall be shielded so as not to distract the driver and shall be integrated into the sidewalls of the stepwell.

F. Separate light switches are to be provided for the driver's compartment, interior lights and exterior lights. All switches shall be made of metal or heavy-duty high impact plastic and marked with easily read identifiers.

G. Wheelchair lift lights, which illuminate the lift device in a 4-foot radius outside at ground level of the door opening, shall be provided in an LED design. The light shall be wired to illuminate automatically when the lift door is opened. Lift lights shall be mounted internally in lift area above the lift in the lift door headlining. All LED ADA and interior lighting to have a lifetime warranty.

H. Exterior LED lights at the front and lift door areas shall be provided and shall comply with ADA standards for vehicle lighting. These lights will activate only when the doors are open.

BODY – INTERIOR

A. Sidewall, rear wall and ceiling trim panels shall be smooth fiberglass gel coat or vinyl applied in one or more sections. Trim molding of stainless steel, anodized aluminum, shall be used to cover seams. All interior panels, materials, and treatments shall be flame retardant and treated to be easily cleaned.

B. Panels shall be supported to prevent, buckles, vibration, drumming or flexing. Care shall be taken to keep the light fixtures from weaving or bouncing while in service. Ceiling panels shall be supported to prevent sagging, ceiling and sidewall panels will be scuff and scratch resistant. Sharp corners, edges and protruding hazardous surfaces shall be eliminated.

C. All stanchions and grab rails shall be 1 ¼” vertical stanchions shall be secured top and bottom with bolts to ceiling and floor metal framing to prevent twisting. All stanchions shall be mounted at floor and ceiling in to structural metal body member or metal plate.

D. There shall be a vertical stanchion, grab rail, and modesty panel located at the rear of entrance door. Provision shall be made for grab rails at both sides of door, within easy reach from the ground, to assist passengers in both boarding and departing. Grab rails shall be mounted to stanchions and structural metal members or metal plates in the sidewalls.

E. There shall be a vertical stanchion, grab rail, and modesty panel located behind the driver’s seat. There shall be a shatterproof, plexiglass panel filling the area from the ceiling to the grab rail and the stanchion to the wall. The purpose of this panel is to protect the driver from being hit with objects from behind.

F. All stanchions and guardrails shall be minimum 1-1/4 inch, thick-wall stainless steel tubing. Fittings shall be stainless steel, cast aluminum, cast zinc.

G. All grab rails, stanchions, and fittings in or adjacent to the passenger compartment and in the stepwell shall be polyethylene coated Dura-Diamond yellow and must meet or exceed standards required by State regulations. All energy absorbent materials shall be yellow. Brackets, clamps, screw heads, and other fasteners used on the passenger assists shall be flush with the surface and free of burrs and/or rough edges.

H. Driver's compartment including floor, bulkhead, dashboard and modesty panel shall have a matte black non-reflective finish.

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I. A large stainless steel driver’s coat hook with securing straps for the drivers jacket shall be provided and located directly behind the driver in a convenient location .

J. There shall be a vertical stanchion, grab rail and modesty panel located between the lift and rear most curbside stationary ambulatory passenger seat. There shall be a shatterproof, plexiglass panel filling the area from the ceiling to the grab rail and the stanchion to the wall.

K. All materials used in construction of vehicle interior (except acrylic and plastic window glazing) shall be fire-resistant and meet or exceed Docket 90.

L. Interior decals shall be located as per ADA regulations, MDOT regulations, and Federal regulations.

M. All modesty panels shall harmonize with interior, both in color and design, and shall not provide a hazard to the passengers.

N. Overhead rails required by ADA provisions shall be at height of 71 inches to the top of the handrails from vehicle floor. The rails shall be fastened into structural metal body members or metal plates.

O. Overhead handrails shall be provided in all buses and shall be continuous including the wheelchair areas, as required, except for a gap at the rear doorway.

DRIVER'S SEAT

A. Driver’s seat shall be an OEM air suspension high-back bucket with head rest, armrest, automatically retractable lap and shoulder harness. Upholstery material shall be a heavy duty vinyl or heavy duty cloth fabric (minimum) transit cloth. Color shall be selected from manufacturer’s standard colors.

PASSENGER SEATS

A. Given that a wheelchair lift mounted in a side door behind the rear axle, the Bidder shall supply diagrams of seating configurations based upon the interior dimensions of their vehicle and the requirements of this Specification as well as the requirements of MDOT and FMVSS regarding aisle widths and wheelchair tie-down standards

B. Forward passenger seating shall be Freedman Seating Citiseat w/ seatbelts or approved equal or American Seating InSight w/ seatbelts or approved equal. Installation of the seats shall meet the requirements of FMVSS 207. Color shall be selected after contract award.

C. Seat cover upholstery materials and padding shall meet or exceed the applicable flammability and smoke emission performance requirements specified in FMVSS 302.

D. Any flip/fold seat requested as an option shall be equipped with a spring-loaded automatic latching device to prevent the seat from returning to the horizontal position. The locking device shall be constructed to be manually released to avoid accidental return during use. The width of the flip/fold seat in the stored position shall not exceed eleven one half (11 ½) inches max. Additionally, flip/fold seats shall be upholstered with the same quality and color material as the standard passenger seats. The design of the flip/fold seat shall complement the standard passenger seats and be from the same manufacturer. The seat shall also lock in the seated position.

E. Each seat position shall be equipped with a self-retracting passenger restraint system, which meets current FMVSS requirements, intended to hold passengers in a secure seated position during normal operations. Seat belts shall be anchored or bolted to the seat frame assembly. Each restraint belt and installation shall meet all applicable FMVSS standards. The retractor

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shall be mounted to the seat frame. Three (3) seat belt extensions shall be provided with each bus.

F. The forward most row of seats shall be equipped with DOT/FMVSS approved child seat anchors.

G. Seat Dimensions

1. Seat width per person: 17.5 inches minimum 2. Seat depth: 17 inches minimum 3. Seat back: 21 inches minimum

25 inches minimum, as measured from the top of the seat bottom to the top of the seat back.

4. Seat back angle 10 to 15 degrees 5. Hip to knee room: 27 inches nominal (maximum available) 6. Aisle width: 18* inches minimum (maximum available) * To be measured at seated passenger hip height.

WIRING A. Original manufacturer’s vehicle wiring shall remain unchanged to the greatest extent

practicable consistent with the requirements of these specifications. All add-on electrical components controlling the power to the bus body electrical circuits shall be located in a separate electrical junction box. The junction box shall be easily accessible through a hinged lockable door. The junction box shall be suitably sized to allow for ease of maintenance, repair and ten (10) percent additional space for the installation of future electrical components. The junction box shall be located within accessible reach of the driver. All body harnesses shall join on a terminal strip made of a high strength dielectric material and sealed in a weather resistant compartment. All circuits shall be protected by manual reset circuit breakers, in lieu of fuses. Circuit breakers shall be numbered and sized to provide proper overload protection for each individual circuit.

B. All wiring including chassis manufacturer’s shall be enclosed in a non-metallic loom meeting current and adequately supported by fully insulated “P” clamps with a maximum spacing of 18 inches and routed for protection from heat, moisture, solvents, corrosion, road debris, abrasion and tension. Tie wrap shall be used minimally in the securement of electrical harnesses and wiring.

C. All parts of the wiring system and electrical components shall be protected from corrosion. All connectors installed on the underside of the vehicle and/or exposed to any outside element and/or have a 20 amp or higher circuit breaker within its electrical circuit shall be double insulated and located in a weather tight compartment.

D. There shall be no exposed or loose wiring in the driver or passenger compartment. Any bus body wiring harnesses containing exposed excess lengths shall have the excess length neatly gathered and secured to a rigid bus body or chassis frame member.

E. Wiring shall be of sufficient length to permit positioning, as well as replacement of terminals, twice, without excessive tension.

F. Protective grommets shall be provided at points where wiring or hoses penetrates metal or other material.

G. Battery cables shall be heavy duty and adequately sized to carry current output of the electrical system.

H. Grounding of components shall be through polarized, shielded terminals wired to main structural ground points. Grounding through hinged doors or covers of any type shall not be

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acceptable. Ground points shall be bolted to main structure free of paint, oil or rust, coated with silicone grease after fastening.

I. All wires shall be color coded, labeled or numbered every 6 inches maximum to correspond with the wiring diagram for ease of service and identification.

J. Complete wiring diagrams and “AS BUILTS” shall be provided with each vehicle.

K. Electrical components that may require servicing or replacement shall be readily accessible through access panels or covers. Installation of aftermarket electrical components and systems in the engine compartment shall be eliminated to the greatest extent possible.

L. Maximum radio suppression available from chassis manufacturer shall be provided.

M. All switches and controls necessary for the operation of the vehicle shall be conveniently located in the driver’s area and shall provide for ease of operation and be appropriately marked. All bus body switches shall be of a uniform rocker type with illumination mounted in convenient groupings.

N. In-line circuit breakers, with manual reset, of adequate capacity for circuit to mobility lift shall be provided in a location in accordance with the lift manufacturer’s recommendations. The circuit breaker shall not be located in the chassis engine compartment. The power wire to the lift shall be securely “P” clamped and protected.

O. A master battery control switch shall be provided that shuts off all bus body electrical power. The housing and location of the master battery switch shall prevent corrosion from fumes and battery acid. The location of the master battery switch shall be clearly identified on the access panel and be accessible in less than 10 seconds. The master battery switch shall be capable of carrying and interrupting the total circuit load. Opening the master switch with the power plant operating shall not damage any component of the electrical system.

P. All accessories and electrical equipment, with the exception of the driver’s dome light, horn, headlights, taillights, parking lights, and emergency flashers shall be wired through the vehicle ignition switch. The driver’s dome light, horn, headlights, taillights, parking lights, and emergency flashers shall be wired directly to the battery, so as to be operated with individual switches.

BATTERIES AND CHARGING SYSTEM

A. The vehicle is to be supplied with an 320 amp alternator to power the 12-volt extreme duty electrical system. All components are to be selected and integrated to function in an environment characterized by low engine speeds and high amperage draws (due to lights, air conditioning systems and other accessories in constant operation).

B. A single OEM alternator of 320 amps rated output at fast engine idle of approximately 2,000 rpm is required.

C. Two (2) group 31 heavy-duty maintenance free 12 volt batteries, with 1100 CCA minimum shall be used or batteries of an appropriate size and CCA needed for heavy duty application.

D. Access to the battery tray shall be from outside the bus. The battery box shall be sealed to prevent road debris, dust, rain, snow or other forms of debris from entering the box, but shall not be air tight for safety reasons. The battery tray construction shall be stainless steel on pull out bearing slides or approved equal or OEM step mounted or approved equal.

E. Battery cables shall be heavy duty and adequate to carry current output of the electrical system.

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INSTRUMENT PANEL AND CONTROLS

A. All controls and instruments are to be within a seated driver's arm reach with seat belt fastened. All switches are to be of uniform rocker type mounted in convenient groupings in a panel near the driver. Controls shall be located so that boarding passengers may not tamper with settings.

B. Instruments and gauges shall be of a non-glare, illuminated type, for easy maintenance and repairs, and clearly visible.

C. The following instruments are to be provided:

speedometer with odometer

ammeter or voltmeter

oil pressure gauge

air pressure gauge

fuel tank level gauge

engine temperature gauge and over-heat warning light

engine hour meter as part of chassis EMC

headlight-on indicator and headlight high beam indicator; » directional signal and flasher indication light(s) and sound

“Door Open" warning lights (red for rear doors, and amber for all other doors

D. The following controls, in addition to the normal steering, braking and transmission functions, are to be provided:

column mounted turn signal lever with two-speed wiper/washer with variable speed, intermittent operation control

emergency flasher control

auxiliary switches for any clearance or marker lights (switches must all be of uniform type)

switches and temperature controls for passenger compartment heaters and air conditioners

separate switch and temperature controls for front heaters, defrosters, and air conditioners

key start engine starter switch

engine fast idle system (auxiliary idle control) as controlled via the wheelchair interlock mechanism

passenger compartment light switch (s) and/or controls

passenger door control switch

Two (2) 12V aux. power point outlet

E. The layout of the controls and switches shall be consistent throughout the build.

RADIO

A. The vehicle shall be equipped with the chassis manufacturer’s AM/FM Stereo Radio or AM/FM/CD Stereo Radio, plus six (6) speakers, two (2) in front and four (4) in rear shall be provided.

HEATING, AIR CONDITIONING AND VENTILATION SYSTEM

A. The heating system shall consist of both the heaviest duty available OEM installed front heating unit from the chassis manufacturer and a rear, hot water type, heating unit. The rear units(2) shall either be the heaviest duty available factory-installed rear-heating units from the chassis manufacturer or units with a heating capacity in the 130,000 BTU range combined.

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B. The rear-heating units shall be located so as not to interfere with aisle space, wheelchair restraint systems or seating areas (legroom), location to be approved by TCC.

C. Rear heating units hot water hoses shall be insulated heavy duty heater hose run under the body, being supported at least every eighteen (18) inches, and located so they are protected from wear due to friction, road debris, snow and road salt build-up.

D. The driver’s heating unit (30,000 BTU minimum) shall operate independently of the passenger area-heating units (rear units).

E. Supplemental heat to the stepwell must be provided via ducts and an adjustable two speed blower or a low voltage electric heating element located below the flooring cover and shall be of sufficient heat to prevent icing.

F. OEM provisions shall be made for windshield defrosting.

G. All controls shall be conveniently mounted for easy operation by a seated driver wearing a seat belt.

H. Chassis manufacturers (OEM) In-dash air conditioning, heater, and defroster with maximum OEM available btu/hr rating shall be provided.

I. Air conditioning system(s) consist of an OEM supplied driver’s area air conditioning system and a passenger area air conditioning system(110,000 BTU minimum) which are completely independent of each other.

J. Drivers area and passenger area air conditioning system shall be separately controlled from a control panel at the driver’s area. Minimum control functions include off/low/medium/ high fan speed with an a/c, heat, defrost for the OEM supplied in-dash air conditioning system. Minimum control functions for the passenger area air conditioning system shall include a rotary fan speed switch with off/low/medium/high and a rotary thermostat control.

K. The passenger air conditioning system fuses, relays, and breakers shall be located in the electronic junction box easily accessible for maintenance operations.

L. Refrigerant hose shall be double braided Barrier type Goodyear, Aeroquip and shall be completely enclosed in loom over the entire length of the vehicle to prevent chaffing. Refrigerant hose shall be supported at a minimum of every eighteen (18) inches with insulated “P” clamps.

M. Refrigerant fittings shall be “O” ring type.

N. All refrigeration/heater lines and wiring shall be routed outside of the passenger area to minimize exposure to passengers in case of leaks.

O. Refrigerant hose, heat, and condensate lines that enter the passenger compartment shall be encased in rigid material which harmonizes with the interior of the vehicle.

P. Protective grommets shall be provided at points where refrigeration hoses, heater hoses, condensate hoses, and electrical harnesses (wires) penetrate metal or other materials.

Q. All HVAC system hoses and harnesses (wires) that pass within twelve (12) inches minimum of the exhaust system shall be shielded.

R. The air conditioning system shall utilize environmentally friendly R-134A refrigerant. Compressor manufacturers specified refrigerant oil shall be utilized.

Performance

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1. The air conditioning system shall be able to reduce the vehicle interior temperature from ninety five (95) degrees Fahrenheit to seventy five (75) degrees Fahrenheit within thirty (30) minutes when the ambient temperature outside the vehicle is maintained at ninety five (95) degrees Fahrenheit for at least four (4) hours.

2. Heating system shall include two (2) heat units for the passenger area. These units shall be mounted on the floor of the vehicle and shall have a minimum rating of 100,000 btu/hr. All heater coils shall be heavy duty copper or aluminum. Heavy duty quarter turn shut off valves shall be located in the supply and return lines to the passenger area heater. These valves shall be readily accessible. All heat controls shall be located at the drivers control panel.

3. A/C system shall be American Cooling Technology (A.C.T.) Model ACT-913 HD or approved equal or TransAir TA774 or approved equal that meets the minimum of 82,000 BTU .

4. A/C system shall include a rear ceiling mounted evaporator rated at a maximum output of 110,000 BTU. The system shall operate independently of the front chassis supplied system.

5. Evaporator shall be mounted to the roof frame structure in the top rear of the vehicle in a location that does not interfere with passengers or wheelchair occupants.

6. Evaporator shall be copper tube, aluminum fin coil with expansion valve, low pressure switch, and concealed drain hoses. The drain hoses shall be protected at points where the hose penetrates metal or other materials.

7. Evaporator cover shall be constructed of a fire retardant material which conforms to FMVSS 302 specification standards.

8. System shall utilize an roof mounted 3-fan condenser

9. Condenser shall be copper tube, aluminum fin coil with filter drier and sight glass.

10. Condenser shall be treated with anti-corrosion materials to prevent the deterioration of the condenser due to road salt and/or rust. All exposed tubing and fittings shall be coated with anti-corrosion materials.

SAFETY EQUIPMENT

A. Heavy-duty OEM dual horns shall be furnished.

B. A federal (DOT) approved backup alarm will be utilized (82db minimum)

C. Bidder must provide all safety equipment required by State and Federal regulations. All safety equipment supplied must meet or exceed standards.

D. All safety equipment shall be located within easy access of the operator, in a secure position or enclosed compartment.

E. A twenty-four (24) unit first aid kit, approved by State and Federal regulations, shall be provided and securely mounted in an easily accessible location.

F. A minimum ten (10) pound dry powder type fire extinguisher, with gauge and hose, U.L. approval shall be provided. A bracket to securely hold fire extinguisher inside of vehicle shall be provided.

G. Three (3) triangular emergency road reflectors in a secure storage container shall be mounted near the driver's area.

Body Fluid Cleanup Kit to include at a minimum:

1. One (1) pair of Latex gloves, 2. One (1) package of absorbent powder,

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3. One (1) package of antiseptic BZK towelettes, 4. One (1) bag 24”x 24” Bio-Hazard white w/tie, 5. One (1) bag plastic brown w/tie, 6. Certi-Green surface cleaner towelette, 7. Face mask, 8. Infection control, 9. One (1) SBB-2 scoop bag w/handle scraper, 10. Two (2) towels and 11. Paper crepe.

Body Fluid kit shall be mounted in an easily accessible location.

NOISE

A. Interior noise level in the vehicle is not to exceed 65 DBA during highway travel at 55 miles per hour.

WHEELCHAIR LIFT ACCESSIBILITY

A. The wheelchair lift shall be installed in the wheelchair lift service door opening. All mounting fasteners shall have a minimum grade rating of eight (8).

B. The wheelchair lift shall be a Braun Century Series Fully-Automatic Lift or approved equal or Ricon Titanium Line S-Series or approved equal that meet the minimum of a 34”x 54” platform minimum lifting capacity of 1000 pounds. Lift shall meet all, ADA and FMVSS 403/404 requirements. The installation of the lift in the bus shall be certified by the lift manufacturer.

C. The lift shall have a manual "back-up" system, which allows the operator to raise and lower the lift platform in the event of electrical failure.

D. The electrical wiring for the lift shall be a separate shielded cable with its own circuit breaker. It shall be supported along the chassis from the main power source to the lift connection.

E. The wheelchair lift shall be interlocked with the transmission and emergency brake in such a manner as to prevent the vehicle from moving with the wheelchair lift door open and prevent the wheelchair lift from being operated until the transmission is in park and the emergency brake is completely set. A dash mounted, indicator light will come on to show the interlock is activated.

WHEELCHAIR SECUREMENT

A. The wheelchair/mobility-device securement system shall be the Q-Straint System Slide N’ Click with QRT MAX 8300-A1-SC automatic retractable restraints with seatbelt and shoulder straps, or approved equal or Sure-Loc FF600 series retractor Kit with Occupant Restraints with Q8-7580-A Slide ’N Click. Systems provided shall be capable of securing wheelchairs and specialized mobility devices. Two(2) seatbelt cutters and four(4) Webbing Loops per vehicle

B. Wheelchair tie down system shall consist of four (4) floor attachment points per location for the chair. The strap configuration shall consist of a minimum of four (4) fully automatic heavy-duty retractors that can be quickly fastened to the floor attachment points and the wheelchair. The heavy-duty retractors shall be self-locking and self-tensioning.

C. All floor securement plates shall meet all state and federal guidelines. Floor anchorage points shall be “Q’Straint Slide and Click Oval floor Pocket” or approved equal or Sure Loc Slide N’ Click or approved equal, utilizing corrosion resistant steel or aluminum and usable for front or rear tie downs or shared by both. All anchorage points shall be recessed and nominally flush with the floor to prevent a tripping hazard. Recessed area shall be sealed prior to anchorage point installation to prevent the intrusion of water.

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D. Occupant and wheelchair securement shall use an integrated system and be securely fastened. Occupant restraint system shall meet ADA requirements and all applicable FMVSS 403 and 404 requirements. Lap belt, included as part of the occupant restraint system, shall be 108 inches.

E. All wall-mounted belt securement tracks must be mounted into a reinforced sidewall. Wall mounting into the standard sidewall is unacceptable.

F. All proposals shall include a system of storing securement equipment in an efficient, orderly manner so that the equipment is readily available when needed and secured out of the way when not being used. The storage system shall be a storage container with an attached secured lid so equipment shall remain contained in any type of vehicular accident. Open boxes on the floor are not acceptable.

G. The bidder shall submit a proposed plan for providing two (2) wheelchair locations and securement with their Exceptions/Approved Equals requests. The minimum clear floor space for each wheelchair location shall be 30” x 54”.

PAINT LETTERING AND DECALS

A. if the exterior skin is pre-finished with an approved process rendering a “White” finish, unpainted or exposed surfaces and edges of any approved pre-finished surface process shall require primed and painted protection. This paint specification applies to bodies painted at the body manufacturer or any exterior body surfaces painted by a supplier to the body manufacturer as pre-finished metal or parts.

B. All exterior finished surfaces shall be finished with a vinyl topcoat, which is impervious to gasoline, and commercial cleaning agents. Finished surfaces shall not be damaged by controlled applications of commonly used graffiti removing chemicals.

C. The Contractor shall provide all decals mandated by State and Federal law. In all instances, application procedures and materials used shall comply with the recommended specifications and practices of the material manufacturer. These decals shall be installed at locations to be approved by TCC after contract award.

D. Interior decals shall consist of Emergency Exit Door, No Smoking (International symbol type), emergency window identification and operating instructions and other identification labels required by Federal and State regulatory agencies.

OPTIONAL EQUIPMENT ITEMS The Procuring Agency may choose to exercise all, some or none of the following options. Bidders are required to submit bids on all optional equipment items as described below:

Option 1: Electronic Destination Signs

A. Twin Vision LED,(Front/Side) destination signs shall be provided.. Defrosting glass shall be provided with the top center destination sign.

Option 2: Roller Style Designation Signs

A. Front and Side with minimum 20 destinations printed on the curtain. Customer to provide destination list prior to order.

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Option 3: Fire Suppression

A. A fire suppression system shall be provided as an option on each bus, Amerex, or approved equal Kiddie or approved equal that meet the minimum of four sensors and three nozzles.

Option 4: Fare Box Accommodation

A. Accommodation for a fare box shall be made as far forward as practicable and shall not impede passenger traffic.

B. A horizontal passenger assist shall be located across the front of the vehicle and shall prevent passengers from sustaining injuries on the fare collection device or windshield in the event of a sudden deceleration.

Option 5: Farebox

A. The contractor shall provide and install a Diamond Model SV Fare box. Location shall be approved by procuring agency. A spare vault shall also be provided.

Option 6: Camera System

A. The contractor shall provide and install the most recent model GE Security- MobileView Select system Select Color four camera system and mobile digital video recorder in each bus. Installation of all necessary wiring, ceiling mounting holes for the bus video surveillance system shall be included.

B. The contractor shall provide a set of Computer Equipment compatible with the GE Security Mobile View Select System as delineated under Option #6.

C. The contractor shall provide a set of spares for the GE Security Mobile View Select System as delineated under Option #6.

Option 7: Public Address System

A. Vehicles shall be equipped with public address system permitting the driver to announce stops and provide other passenger information.

B. The vehicle shall be equipped with a minimum of four (4) interior speakers and one (1) exterior weatherproof speaker, which shall provide for clear, audible messages. A separate volume control shall be provided within easy reach of the driver. The system shall be muted when not in use.

C. The microphone shall be handheld microphone located adjacent to the driver. The handheld microphone shall be secured within the driver’s range of vision and easy reach. As an option, the microphone shall be hands free.

Option 8: Passenger Stop Request

A. Controls shall be provided adjacent to the wheelchair securement locations and seats for requesting stops and which alerts the driver that a passenger wishes to disembark. This shall include both audible (chime) and visual (stop request) system.

B. For ambulatory passengers, the audible controls shall be mounted at a height easily accessible for the passengers to use. For mobility-impaired passengers, the controls shall be mounted no higher than 48 inches and no lower than 15 inches above the floor.

C. All controls shall be operable with one hand and shall not require tight grasping, pinching or twisting of the wrist. The force required to activate the controls shall be no greater than 5 foot-pounds.

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Option 9: Vinyl Seat Covering

A. The seat covering shall be Level 4 D-90.

Option 10: Strobe Light

A. A roof mounted strobe light shall be installed towards the rear of the bus.

Option 11: Backup Camera System

A. A Roscoe backup camera system shall be installed with a dash mounted monitor.

Option 12: Radio Delete

A. The factory installed AM/FM Radio shall be deleted and a complimentary plate be installed in its place.

Option 13: Bike Rack

A. Sportworks DL 2 Safety Yellow Powdercoat or Byk-rak or approved equal that meets a minimum of two(2) bikes

Option 14: Gaseous Prep Package (Gasoline Engine)

A. For Ford 6.8L Triton V10 Gasoline engine

QUALITY ASSURANCE

A. The Contractor shall assume all responsibility for maintaining quality of the components and equipment supplied on these vehicles.

B. Tri County Council (TCC) shall have the right to inspect the vehicles during production and at the final point of assembly, prior to delivery.

C. Tri County Council (TCC) reserves the right to carry out a quality assurance inspection upon delivery prior to acceptance, of the vehicle and may refuse delivery should defects be found as determined by TCC.

D. Tri County Council (TCC) may be represented at the Contractor’s facility by a resident inspector(s). They shall monitor in the plant assembly of buses built under this procurement. The resident inspector(s) shall be authorized to approve the pre-delivery acceptance tests and to release the coaches for delivery. Upon request to the quality assurance supervisor, the resident inspectors shall have the access to the Contractor’s quality assurance files related to this procurement. These files shall include drawings, material standards, parts lists, inspection processing and repairs and records of defects.

E. The presence of these resident inspectors in the plant shall not relieve the Bidder of its responsibility to meet all of the requirements of this procurement.

F. Tri County Council shall conduct a water leak test. All windows and doors, both the chassis manufacturers and those altered or placed on the vehicle by the conversion company, shall be tested by the quality assurance inspector(s) for leaks. All vehicles shall endure this test prior to acceptance.

G. Final quality assurance inspections shall be conducted at the Contractor’s location.

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H. The Bidder shall provide office space for the resident inspectors in close proximity to the final assembly area. This office space shall be equipped with desk, outside telephone, and chair to accommodate the resident inspector. The office space shall be properly heated and air-conditioned.

I. The successful Bidder shall deliver vehicles to the Purchasing Agency. As part of delivery, Bidder shall instruct user on vehicle operations including all standard and add on equipment.

WARRANTY REQUIREMENTS

Wheelchair Lift

1. The lift shall be warranted against defects, parts and labor, for a period of one (1) year (minimum) from date of acceptance of the vehicle by the User Agency.

2. Full warranty details and warranty registration form shall be included with the lift operating instructions at time of delivery.

Remainder of Vehicle

A. Bidders include, as part of the bid, a detailed description of the Full Warranty Provisions, providing the following minimum coverage of the proposed vehicle chassis, engine, transmission and body component equipment and options.

B. The Bidder shall provide the location of the vendor providing all warranty repairs listed for each warranted item. The Bidder shall assume full responsibility for all parts, materials, accessories, and equipment – standard, optional, or specialty – used in the vehicle and for their proper installation, whether manufactured or purchased by the successful Bidder from another source.

C. If any vehicle delivered is incomplete or contains any defective or damaged parts, said parts shall be removed and new parts shall be furnished. The new parts furnished, including the transportation charges for same, plus the labor for the removal and installation of said parts shall be free of all costs to Tri County Council (TCC) and operating agencies.

D. The successful Contractor shall commence warranty related repairs upon verbal or written notification from the User Agency of the vehicle within 48 hours of notification request.

E. As an Option, all extended warranties available are to be offered to the extent possible for each major system of the vehicle. This includes, but is not limited to, the engine, the chassis, the transmission, the climate control system and the destination sign system. The extended warranties are to price individually for each system.

F. The successful contractor shall identify an authorized service center for the vehicle as well as all major components of the bus.

G. The contractor shall register all warranties for the end user prior to delivering the vehicles and provide verification of the registration. This registration shall include the chassis and all major subsystems with individual warranties.

MANUALS AND PARTS INFORMATION:

A. The following manuals/parts lists shall be provided:

- Two (2) operator's manuals for EACH bus delivered

- One (1) illustrated parts manual for EACH bus delivered, both chassis and body

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- One (1) Printed maintenance manual set for EACH bus delivered, both chassis and body, including electrical schematics showing location of fuses and components

- One (1) copy of all utilized vendor parts and maintenance manuals for EACH bus delivered

- One (1) CD-ROM containing all of the manuals and parts lists for EACH bus delivered

- One (1) Digital vehicle sign programming devices per three (3) vehicles.

SPECIAL TOOLS

A. The Offeror will define in its Technical Proposal a complete listing of all Special Tools, jigs, fixtures, adapters, environmental systems, Programming and Diagnostic and Test Equipment, including all software applications, required for maintenance and repair of the bus and proposed to be supplied.

B. As an option, the Contractor shall supply sets of special tools to the end user for each bus build (based on quantity). The sets of special tools, , if ordered, along with instructions and/or training on how to use these special tools, shall be provided within ten (10) days of delivery of the last bus.

AMERICANS WITH DISABILITIES ACT REQUIREMENTS

A. These requirements are in addition to those previously described in these specifications. This section is a synopsis of what is required by the Americans with Disabilities Act in an effort to make buses accessible to persons with disabilities. The successful Bidder is solely responsible for any additions, deletions, omissions or interpretations of the Act as it relates to constructing a vehicle for this contract. All transit vehicles are required to be fully compliant with these requirements.

Mobility Lifts

A. Lift-equipped vehicle shall use an interlock between the lift controls and vehicle braking system, transmission or door, or shall provide other appropriate mechanisms or systems, to ensure that the vehicle cannot be moved when the lift is not stowed and the wheelchair lift cannot be used unless the interlocks or alternate systems are engaged..

B. In the event of a power or equipment failure the lift shall be designed to deploy no faster than 12 inches per second.

C. Each lift platform shall have a barrier that prevents a wheelchair from rolling off the edge closest to the vehicle until the platform is in its fully raised position. Each side of the lift platform shall have a 1 and 1/2 inch (minimum) barrier. The existing loading edge barriers are sufficient.

D. Lift platform surfaces shall be free of any protrusions over 1/4 inch high and shall be slip resistant.

E. Each lift platform shall be equipped with a handrail on each side, which move in tandem with the lift and shall be graspable and provide support to standees throughout the entire lift operation. Handrail specifications are as follows:

F. A usable component (handle) at least 8 inches long with the lowest portion 30 inches (minimum) above the platform and the highest portion 38 inches (maximum) above the platform.

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G. The boarding edge of lift platform shall have a band of color(s) running the full width of the step or edge, which contrasts from the lift surface.

Securement Devices

A. The securement system shall be located as near to the accessible entrance as practicable and shall have a clear floor area of 30 inches by 54 inches minimum. Flip seats may be installed in the securement area but shall not obstruct the clear floor area.

B. Each wheelchair placement shall include a passenger seat belt and shoulder harness.

C. The wheelchair securement devices shall secure the wheelchair in a forward facing manner.

General

A. Floors in wheelchair securement area shall have slip resistant surfaces.

B. Each vehicle shall contain a sign(s) that indicates that seats in the front of the vehicle are priority seats for persons with disabilities. Each securement location shall have a sign designating it as such. All signs must meet ADA, State and Federal requirements

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2. BIDDING PROCEDURES: Bidder response should be typed on company letterhead and signed by a company official who is authorized to enter into agreements/contracts. Bidders should certify that all the information is given in a clear and concise manner. By submitting a bid, the Bidder shall be deemed to have accepted all the terms, conditions and requirements set forth. The bid shall be awarded to the lowest responsive bidder. That will be determined by comparing the unit costs of the items.

Any information pertaining to this bid can be found on the Tri-County Council for the Lower Eastern Shore of Maryland website at http://lowershore.org/Departments/Procurement.aspx . It is the responsibility of the prospective bidders to check the website for any updates and other information. A Pre bid meeting will be held at the One Stop Job Market (31901 Tri-County County Way, Salisbury, MD 21804) on 1/29/2016 at 10:00am. Bids can be hand delivered or mailed. Those vendors interested in submitting a bid must do so by 1:00 p.m. on 2/15/2016 on the forms provided. All bids must be postmarked by that date and received by the noted time. Successful vendor will be notified no later than 60 days from bid opening.

Bids should be submitted to: Tri-County Council for the Lower Eastern Shore of Maryland 31901 Tri-County Way, Suite 201 Salisbury, Maryland 21804

Attn: Procurement Specialist

Note: Bid packages must have the wording “BID # TC-2002 Wheel Chair Accessible Medium Duty Cutaway Transit Buses ” clearly marked on the front of the submittal packaging. Please be advised that the final award of contract will be at the sole discretion of Tri-County Council for the Lower Eastern Shore of Maryland. 3. EXPLANATIONS:

Approved Equals, Clarifications, Exceptions

Requests for approved equals, clarifications, and/or exceptions to the specifications shall be received by Tri-County Council for the Lower Eastern Shore of Maryland on the form provided (Appendix 1) by 1:00 PM on 2/1/2016. Any request for an approved equal or exception to the specifications shall be fully supported with technical data, test results and any other pertinent information available as evidence that the substitute offered is equal to or better than the Specification Requirement.

Wherever a specific trade or product name is used within this specification the following statement applies, "or approved equal with essentially comparable standards of quality, design and performance."

Written requests for clarifications and additional information shall be directed to Tri-County Council for the Lower Eastern Shore of Maryland, Attention: Procurement Specialist, by email to

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procurement@tcclesmd.org or by Fax to 410-341-8974 –Attn: Procurement Specialist. Include the Bid Number for this RFP on all correspondence. All correspondence must be received no later than 1:00 PM on 2/1/2016. A Request for Exception/Clarification form is attached as Appendix 1. Clarifications and additional information, if any, will be posted on the Tri-County Council for the Lower Eastern Shore of Maryland website (http://lowershore.org/Departments/Procurement.aspx). It is the responsibility of the perspective bidders to check the Tri-County Council for the Lower Eastern Shore of Maryland website for updates on clarifications and equals.

4. AWARD OF CONTRACTS: This contract shall be awarded to the bidder whose bid meets the requirements of this bid and is the most competitive bid.

TCC LES reserves the right to not award the contract. TCC LES reserves the right to purchase one or more medium buses at any time from the successful bidder from award date to June 2021 depending on available funds.

5. MINORITY BUSINESS ENTERPRISES:

Minority business enterprises are encouraged to respond to this solicitation notice and are therefore encouraged to obtain certification from the Maryland Department of Transportation. All questions related to certification must be directed to the Maryland Department of Transportation Office of Minority Business Enterprise/Equal Opportunity, PO Box 8755, BWI Airport, Baltimore, MD 21240-0755, Phone: 410-865-1240.

Bidders attempting to classify themselves as minority contractors, within the meaning of the state procurement laws and regulations shall not be so viewed until and unless they are certified as such by the Office of Minority Business Enterprise/Equal Opportunity. The assigned certification number must appear on invoices.

6. DELIVERY – TITLE AND TAGS

Delivery shall be made to Tri-County Council for the Lower Eastern Shore of Maryland, Shore Transit Division, 31901 Tri-County Way, Suite 133, Salisbury, MD 21804. Delivery shall include Title to vehicle and a set of 60 Day Temporary tags. Inspection of vehicle will be made at that time.

7. STATE AND LOCAL LAW DISCLAIMER:

The use of many of the suggested Federal clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the sub-grantees procurement documents, the sub-grantees should consult with their local attorney.

8. BID PROTESTS: All protests relating to this solicitation, the selections and/or award must be filed in writing with Tri-County Council for the Lower Eastern Shore of Maryland in accordance with TCC LES Bid Protest Policy (Appendix 5). The term “filed” means receipt by the procurement officer. Protesters are

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cautioned that protests should be transmitted or delivered in the manner that shall assure earliest receipt. A protest received by the procurement officer after the time limits prescribed may not be considered. Oral protests will not be considered. All protests should be addressed to Tri-County Council for the Lower Eastern Shore of Maryland, 31901 Tri-County Way, Suite 201, Salisbury, Maryland 21804. All protests will be reviewable in accordance with TCC LES Protest Procedures (Appendix 5). 9. MINOR IRREGULARITIES IN BIDS OR PROPOSALS:

A. A minor irregularity is one which is merely a matter of form and not of substance or pertains to some immaterial or inconsequential defect or variation in a bid or proposal from the exact requirement of the solicitation, the correction or waiver of which would not be prejudicial to other bidders or offerors.

B. The defect or variation in the bid or proposal is immaterial and inconsequential when its significance as to price, quantity, quality, or delivery is trivial or negligible when contrasted with the total cost or scope of the procurement.

C. The procurement officer shall either give the bidder or offeror an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or proposal or waive the deficiency, whichever is to the advantage of Tri-County Council for the Lower Eastern Shore of Maryland

10. TERMINATION (TCC LES Terms):

a. Termination for Convenience (General Provision) Tri-County Council for the Lower Eastern Shore of Maryland (TCC LES) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in TCC LES's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Tri-County Council for the Lower Eastern Shore of Maryland to be paid the Contractor. If the Contractor has any property in its possession belonging to Tri-County Council for the Lower Eastern Shore of Maryland, the Contractor will account for the same, and dispose of it in the manner Tri-County Council for the Lower Eastern Shore of Maryland directs.

b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, Tri-County Council for the Lower Eastern Shore of Maryland may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

c. Termination for Convenience (Professional or Transit Service Contracts) Tri-County Council for the Lower Eastern Shore of Maryland, by written notice, may terminate this contract, in whole or in part, when it is in the best interest of Tri-County Council for the Lower Eastern Shore of Maryland. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

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11. NO GOVERNMENT OBLIGATION TO THIRD PARTIES: The Purchaser (sub-grantee) 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 other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. 12. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) 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 causes 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. (2) 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. (3) 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. 13. ACCESS TO RECORDS AND REPORTS The following access to records requirements apply to this Contract: 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a sub-grantee 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. 2. 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

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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. 3. 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. 4. 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 purposes of conducting an audit and inspection. 5. 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. 6. 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 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). 7. FTA does not require the inclusion of these requirements in subcontracts. 14. FEDERAL CHANGES 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, as 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. 15. TERMINATION (FTA Terms) a. Termination for Convenience (General Provision) Tri-County Council for the Lower Eastern Shore of Maryland may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Tri-County Council for the Lower Eastern Shore of Maryland to be paid the Contractor. If the Contractor has any property in its possession belonging to the Tri-County Council for the Lower Eastern Shore of Maryland, the Contractor will account for the same, and dispose of it in the manner the Tri-County Council for the Lower Eastern Shore of Maryland directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services,

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the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Tri-County Council for the Lower Eastern Shore of Maryland may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. 16. CIVIL RIGHTS REQUIREMENTS The following requirements apply to the underlying contract: (1) 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. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - 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 their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - 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. (c) Disabilities - 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. (3) 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. 17. DISADVANTAGED BUSINESS ENTERPRISE (DBE)

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The Federal Transit Administration requires that each bidder supply a copy of their approval or certification from the FTA concerning their DBE goals. a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall local goal for DBE participation is 10 %. A contract goal has been established for this procurement at 0 % because of the lack of subcontractors. b. 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 Tri-County Council for the Lower Eastern Shore of Maryland deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. 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 Tri-County Council for the Lower Eastern Shore of Maryland. In addition, [the contractor may not hold retainage from its subcontractors.] [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.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the {insert agency name} and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.] e. The contractor must promptly notify Tri-County Council for the Lower Eastern Shore of Maryland, 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 Tri-County Council for the Lower Eastern Shore of Maryland. 18. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, 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 (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. Federal Participation for this bid document – This project shall consist of federal, state, and local funding under the Section 5307 Capital Assistance Grant Program for Fiscal Year 2015 to Fiscal Year 2021.

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19. DEBARMENT AND SUSPENSION

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 Tri-County Council for the Lower Eastern Shore of Maryland If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to Tri-County Council for the Lower Eastern Shore of Maryland, 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.

20. BUY AMERICA The contractor 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. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids or offers on FTA-funded contracts, except those subject to a general waiver (Appendix 2). Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. The vehicles supplied under this contract must meet all Federal Motor Vehicle Safety Standards and all Maryland Vehicle Safety Standards that are in effect at the time of the award of this contract. Bidder will fill out a FMVSS Certification (Appendix 3) attesting to this fact. Bidder will also submit a Purchaser’s Certification (Appendix 4) attesting that any product (vehicle) provided under this contract is, in fact, the same product that is offered in their response to this bid. 21. BREACHES AND DISPUTE RESOLUTION Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Tri-County Council for the Lower Eastern Shore of Maryland 's CEO and Project Manager. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or

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otherwise furnishes a written appeal to the CEO and Project Manager. 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. The decision of the CEO and Project Manager shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by Tri-County Council for the Lower Eastern Shore of Maryland, Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the Tri-County Council for the Lower Eastern Shore of Maryland 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 State in which the Tri-County Council for the Lower Eastern Shore of Maryland is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Tri-County Council for the Lower Eastern Shore of Maryland, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

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22. LOBBYING The undersigned [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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 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. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date CONTRACTOR MUST SIGN THE ABOVE LOBBYING CERTIFICATION AND RETURN WITH THE BID PACKAGE.

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23. CLEAN AIR 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. 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. 24. CLEAN WATER 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. 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. 25. CARGO PREFERENCE The contractor agrees to comply with 46 U.S.C. 1241 AND 46 Part 381: 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. 26. FLY AMERICA 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.

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27. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS The contractor must comply with the Davis-Bacon Act & Copeland Anti-Kickback Act Requirements contained herein. 28. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee or recipient ) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. (Section 102 non-construction contracts should also have the following provision :) (5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated

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for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b) (2) (B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 29. ENERGY CONSERVATION The contractor agrees to comply with 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. 30. RECYCLED PRODUCTS The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 31. ADA ACCESS

The Contractor shall comply with all applicable requirements of: the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. Section 12101 et seq and 49 U.S.C. Section 322; Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. Section 794; Section 16 of the Federal Transit Act, as amended, 49 U.S.C. app. Section 1612. The contractor shall comply with the following regulations and any amendments thereto:

U.S. DOT Regulations: Transportation Services for Individuals with Individuals with Disabilities (ADA), 49 CFR Part 37; “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. Part 27; “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 49 CFR Part 38.

Department of Justice Regulations: “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 C.F.R. Part 36; “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR Part 35.

General Services Administration Regulations: “Construction and Alteration of Public Buildings,” “Accommodations for the Physically Handicapped,” 41 CFR Parts 101-19.

Equal Employment Opportunity Commission (EEOC): “Regulations to Implement the Equal Employment Provisions of the American with Disabilities Act,” 29 C.F.R. Part 1630.

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Federal Communications Commission Regulations: “Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,” 47 CFR Part 64, Subpart F.

Federal Communications Commission Regulations: “Transportation for Elderly and Handicapped Persons,” 49 CFR Part 609.

32. ASSIGNMENT With written consent of the Tri-County Council for the Lower Eastern Shore of Maryland, other agencies may purchase one or more Wheel Chair Accessible medium buses using the vendor who was successful in being awarded the contract for this RFP. All statements, clauses, and information in this RFP and eventual contract of award, shall remain applicable.

39. PRICE ADJUSTMENTS:

a. GENERAL – The unit prices and the total price stated in this contract shall be re-evaluated in accordance with this clause, except that the prices for vehicles ordered before the first effective date of any price changes shall remain fixed.

b. PRICE RE-DETERMINATION PERIODS – For the purpose of price and performance of

this contract, the Producer Price Index for the subject year shall be used to compute the pricing for the option renewal years. All vehicles ordered during each calendar year shall be based on price adjustments computed using specified index value for the month of July of that calendar year.

c. COMPUTATION OF PRICES – Adjustment of prices shall be based on the US

Department of Labor, Bureau of Labor Statistics Producer Price Index as published in the monthly periodical “Producer Price Indexes” for commodity code 1413 Truck and Bus Bodies. The index base shall be taken from the latest version of Producer Price Index available and published for the month prior to the renewal date. Price change calculations shall be performed using the latest version of the Producer Price Index for the month using the simple percentage method. Price adjustment shall be on a per unit basis as follows:

PPI for month of Price re-determination request Base Price X (PPI for July of subject year) = Adjusted Price

However, the Adjusted Price shall not exceed the previous year’s price by more than 4%. The price adjustment shall apply to all vehicles ordered in the specified calendar year regardless of actual delivery.

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34. PRICE ADJUSTMENT FOR REGULATORY CHANGES:

If the cost of the vehicle changes either upwards or downwards due to mandates of federal or state legislation or regulation that are promulgated and that take effect after contract award and impact the price of the vehicle during the contract period, the Procuring Agency and the Contractor will negotiate the change in the unit price of the vehicle. The Procuring Agency will require documentation of the legislation and/or regulations, the required design changes of the vehicle and the requested change in price before negotiations can begin.

35. ECONOMIC ADJUSTMENT CLAUSE

In the event the cost of the base OEM chassis should increase during the period of time in which the contract is in effect, the vendor shall, upon submission of written proof of such increase to the State and approval by the contracts division, be entitled to adjust the price by an amount sufficient to compensate the vendor completely and precisely for such increase. The claim for the adjustment must include a certification from the manufacturer verifying vendor's cost at the time of the bid award or last increase and at the time of the requested increase. The increase will only be allowed on the cost of the base OEM chassis to the vendor. The state reserves the right to ask for invoices, published price lists, or any other evidence establishing vendor's costs to support the increase.

In all cases, the vendor must file a claim and receive approval for such adjustments prior to accepting a release or purchase order for delivery of the vehicles. If the vendor has excessive complaints filed against him for non-delivery, his request may be denied, until such time as all past complaints are resolved to the satisfaction of the Contracts Division. In any event, the claim for such adjustment will not apply to orders dated prior to the date the contracts division received the required documentation necessary to justify the increase.

In the event the cost of the base OEM chassis should decrease during the period of the time in which the contract is in effect, the State reserves the right to adjust the price downward to compensate it completely and precisely for such decrease. It is the vendor's responsibility to notify the contracts division of any such decrease.

All economic adjustment claims shall be submitted in writing and sent via first class or

overnight mail or confirmed fax to:

Carolyn Austin Tri-County Council for the Lower Eastern Shore of Maryland 31901 Tri-County Way, Suite 201 Salisbury, MD 21804

36. PRE-AWARD AUDIT A. The TCC shall conduct a Pre-Award Audit of the apparent low-bidder to determine if

bid proposal meets specifications and will comply with Buy America regulations. B. The apparent low bidder shall submit original documentation to the TCC, prior to bid

award, certifying the manufacturer’s compliance with Federal Transit Administration (FTA) Pre-Award Buy America Audit requirements. The document submitted shall be

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original, not copies, and include the following information for each major component and sub-component used on vehicle bid.

- Name and Address of each supplier. - Cost of each major component and sub-component. In order to protect proprietary

information, the document may reflect the percentage of total cost each item represents instead of the actual cost.

- Country of origin of each major component and sub-component. - Name and Address of company where final assembly occurs. - Signed by authorized representative of vehicle manufacturer. C. Once the steps outlined in A and B above have been successfully completed and all

MTA approvals have been given the MTA shall award the contract.

37. POST DELIVERY AUDIT A. The TCC shall conduct a Post Delivery Audit of the vehicle(s), at the contractor's

service center and/or manufacturing plant, to determine that the completed vehicle(s) meets specifications and have fully complied with Buy America regulations.

B. The apparent low bidder shall submit original documentation to the TCC, prior to final

acceptance of the vehicles, certifying the manufacturer’s compliance with Federal Transit Administration (FTA) Post Delivery Buy America Audit requirements. The document submitted shall be original, not copies, and include the following information for each major component and sub-component used on vehicle bid.

- Name and Address of each supplier. - Cost of each major component and sub-component. In order to protect proprietary

information, the document may reflect the percentage of total cost each item represents instead of the actual cost.

- Country of origin of each major component and sub-component. - Name and Address of company where final assembly occurs. - Signed by authorized representative of vehicle manufacturer. C. Once this process has been satisfactorily completed, the vehicle(s) shall be

considered acceptable.

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38. ALTOONA TESTING REQUIREMENTS If the Federal Transit Administration requires testing at the Altoona Bus Testing Facility for the

category of vehicle being purchased, documentation certifying that said testing has been completed and a copy of the test results shall be forwarded to the TCC Procurement operations prior to contract award.

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BID No. TC-2002 ___

Wheel Chair Accessible Medium Buses

BID Proposal of _______ (hereinafter “BIDDER”), organized and existing under the laws of the State of doing business as a/an _____________________________________________________. To Tri-County Council for the Lower Eastern Shore of Maryland (hereinafter called “TCC LES”). In compliance with your Advertisement for Bids, BIDDER hereby proposes to supply all specifications/options for the contract of Wheel Chair Accessible Medium Buses strict accordance with the PURCHASE AGREEMENT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence WORK under this contract on or before a date to be specified in the NOTICE OF AWARD and to fully complete the DELIVERY as will be specified in the NOTICE, and as listed on this BID FORM.

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BIDDER agrees to supply VEHICLES described in the

GENERAL SPECIFICATIONS for the following:

BID No. TC-2002 – WHEEL CHAIR ACCESSIBLE MEDIUM DUTY BUSES

NOTE: Bids shall include all applicable fees. (Maryland Tax Exempt) ITEM QUANTITY UNIT PRICE TOTAL PRICE W/C Accessible Medium Duty Bus * Up to 19 $ _ $ ______ Any additional cost must be presented and explaining.

TOTAL BID PRICE $ __________________ Respectfully submitted: Signature Address __________________________________ ____________________ Title Date DUNS Number CCR Cage Number License Number *BIDDER MUST SUPPLY DETAILED LIST OF VEHICLE FEATURES EVIDENCING THAT THE VEHICLE PROPOSED MEETS OR EXCEEDS THE SPECIFICATIONS REQUIRED IN SECTION 1, DESCRIPTION OF WORK,OF THIS RFB, INCLUDING ALL REQUIRED WARRANTY INFORMATION. Attest: (Seal if BID is by a corporation)

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Request for Exception/Clarification/Approved Equal –Appendix 1

TRI-COUNTY COUNCIL FOR THE LOWER EASTERN SHORE OF MARYLAND Bid TC-2002

Proposal Opening Date: 2/15/2016 NAME OF BIDDER / PROPOSER: _________________________________________ TITLE OF DOCUMENT REFERENCE AND NUMBER: _________________________ PAGE and REFERENCE: ________________________________________________ CONTRACT DOCUMENT REQUIREMENT: _________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ BIDDER / PROPOSER REQUEST: __________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ APPROVED: _______________________DISAPPROVED:______________________ TRI-COUNTY COUNCIL FOR THE LOWER EASTERN SHORE OF MARYLAND COMMENTS: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

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Buy America Certification of Compliance or Waiver – Appendix 2 The contractor 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. A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification with all bids or offers on FTA-funded contracts, except those subject to a general Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. A bidder or offeror must submit to Tri-County Council for the Lower Eastern Shore of Maryland the appropriate Buy America Certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 5323 (j)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661.5. Date__________________________________________________ Signature______________________________________________ Company Name_________________________________________ Title___________________________________________________ Certificate of Non-Compliance with 49 U.S.C. 5323 (j)(1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. and 49 C.F.R. 661.5 but it may qualify for an exemption pursuant to 49 U.S.C. 5323 (j)(2)(A) , 5323 (j)(2)(B), or 5323 (j)(2)(D0 and 49 C.F.R. 661.7 Date__________________________________________________ Signature______________________________________________ Company Name_________________________________________ Title___________________________________________________

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Manufacturer’s FMVSS Certification – Appendix 3 As required by Title 49 of the CFR, Part 663 – Subpart D, _________________________________ (Bidder) certifies that it received, at the pre-award stage, a copy of __________________ (the manufacturer) self-certification information stating that the vehicles, _____________________________________________ (description), will comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in Title 49 Code of the Federal Regulations, Part 571. Date__________________________________________________ Signature______________________________________________ Company Name_________________________________________ Title___________________________________________________ **To be provided upon notification of selection as winning bidder**

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Purchaser’s Requirements Certifications - Appendix 4 As required by Title 49 of the CFR, Part 663 – Subpart B. ___________________________ (Bidder) certifies that the vehicles to be purchased ________________________________________________(description) from ________________________________________(manufacturer), are the same product described in the recipient’s solicitation specification and that the proposed manufacturer is a responsible manufacturer with the capability to produce a vehicle that meets the specifications. Date__________________________________________________ Signature______________________________________________ Company Name_________________________________________ Title___________________________________________________ **To be provided upon notification of selection as winning bidder**

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LOBBYING FORM – Appendix 5 The undersigned [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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients 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 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. __________________________ Signature of Contractor's Authorized Official __________________________ Name and Title of Contractor's Authorized Official ___________________________ Date CONTRACTOR MUST SIGN THE ABOVE LOBBYING CERTIFICATION AND RETURN WITH THE BID PACKAGE. This is the same form as located at 22 Lobbying Section, page 44.

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TCC Procurement and Bid Protest Procedures – Appendix 6

The following is an extract from the Tri-County Council Procurement Policy dated 7/24/2014. A complete copy of this Policy is available upon request to the Tri-County Council.

IV. Bid Protests

1. Tri-County Council Administration & Lower Shore Workforce Alliance (LSWA) Division

Any award decision may be appealed by submitting an appeal letter to the TCC or LSWA within ten (10) calendar days after notification of the adverse award decision. Appeals will:

a. Be in writing, dated and signed. b. State the reason for disputing the award. c. Include the desired remedy. d. Be acknowledged in writing by the TCC or LSWA.

An Appeals Committee will hear appeals within (30) calendar days after TCC or LSWA’s receipt of the appeal letter. The Appeals Committee will include three or more persons appointed by the Chair of the awarding Board. No person may hear an appeal if they have a conflict of interest which may affect their judgment.

The Appeals Committee will issue a written decision within fifteen (15) calendar days after hearing the appeal and subsequent closure of the record. Appeal hearings will be informal and open. A decision of the Appeals Committee will be binding unless reversed by vote of the TCC or LSWA, or by the State of Maryland.

2. Shore Transit Division

All protests relating to solicitations, selections, and/or awards made by the TCC on behalf of Shore Transit must be filed in writing with the TCC procurement officer within seven (7) days of the notice of solicitation, notice of selection and/or notice of award. The date of notification shall be the date posted to the TCC procurement website: http://www.tcclesmd.org/departments/procurement.aspx. Oral Protests will not be considered. Protests will only be considered valid if the protester is an “interested party”. An “interested party” is a party that is an actual or prospective bidder or proposer.

The protest reviewing authority or designee(s) of the TCC shall be designated prior to the release of any solicitations and shall review the protest with a thorough evaluation of the issues raised and respond to the protester within seven (7) days of the receipt of such protest. A certified letter shall be sent to the protester from either the Executive Director of the TCC or the attorney for the TCC stating a concurrence or denial of the protest with supporting explanations. The certified letter to the protester shall constitute the final decision of TCC.

Review appeal authority is TCC Executive Board, not MTA. MTA will not/cannot hear or judge appeals. If protester does not agree with TCC findings, they are directed to court.

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Shore Transit Division of the TCC is a sub-recipient of funding from the Federal Transit Administration (FTA) through the Maryland Transit Administration. Shore Transit Division of the TCC adheres to the contracting guidance for recipients of Federal funding awarded by the FTA as found in FTA Circular 4220.1F.