Metro Area Transit

REQUEST FOR

PROPOSAL

Paratransit Bus

Published Date February 27, 2014

Final Submission Deadline March 14, 2014

4:00 PM

The City of Fargo Transit capital is partially funded by the North Dakota Department of Transportation, and up to

85% by the Federal Transit Administration.

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City of Fargo

Metro Area Transit

Request for Proposal

SUBMITTALS

Sealed proposals will be received by the City of Fargo Auditor’s Office at 200 3rd Street North, Fargo, North Dakota

58102, for the purpose of purchasing three (3) new 158“ Para-transit buses. Proposals will be received until 4:00 PM

Central Standard Time, March 14, 2014.

Bids will be opened and reviewed by the selection committee Monday March 17, 2014.

CITY OF FARGO RIGHTS

The City reserves the right to cancel this RFP in writing or postpone the date and time for submitting proposals at any

time prior to the proposal due date. The City by this RFP does not promise to accept the lowest cost or any other

proposal and specifically reserves the right to reject any or all proposals, to waive any formal proposal requirements,

to investigate the qualifications and experience of any Proposer, to reject any provisions in any proposal, to modify

RFP contents, to obtain new proposals, to negotiate the requested services and contract terms with any Proposer, or

to proceed to do the work otherwise.

The City reserves the right to accept or reject any and all proposals that are in the best interest of the City.

The contractor will be required to comply with all applicable equal employment opportunity laws and regulations.

All bidders are notified that disadvantaged and women-owned business enterprises are encouraged to submit

responses to this request. The Cities of Fargo will ensure that respondents to this request will not be discriminated

against based on sex, race, color, creed or national origin in consideration of an award.

All questions and inquiries will be addressed to:

Harold Pedersen Allan Erickson

Fleet Services Manager Fleet Management Specialist

Central Garage Public Works Department

402 23rd Street North 402 23rd Street North

Fargo, ND 58102 Fargo, ND 58102

Email: hpedersen@cityoffargo.com E-mail: aerickson@cityoffargo.com

Phone: (701) 241-1460 Phone: (701) 241-1439

Fax: (701) 298-6971 Fax: (701) 298-6971

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GENERAL REQUIREMENTS

1. SCOPE

This Request for Proposal (RFP) is being published by the City of Fargo’s Transit Department operating as

MATBUS in order to purchase three (3) new 2014 year, 158” wheelbase 5-year/150,000 mile Para Transit

Buses with a wheelchair lift and fifteen (15) person capacity (including driver and seats folded down) or with

four (4) wheelchairs with six (6) seated passengers. Included in this proposal is a provision to include options

for purchasing an additional twelve (12) Para Transit Buses.

2. BID BOND

All bids must be accompanied by a Bidders Bond in the amount of 5% of the total bid. The bidders bond shall

be submitted in a separate envelope attached to the exterior of the bid envelope.

3. BIDDER

Bidder must supply a list of equipment users who have purchased their units in the past two years.

Information shall include name of contact person and telephone number of that individual

4. DELIVERY

Proposer must perform a complete pre-delivery service prior to delivery of equipment. All units are F.O.B.,

Metro Transit Garage, 650 23rd Street North, Fargo ND.

5. OPTIONS

a. To be included in this proposal are twelve (12) options for purchasing additional Para Transit Buses which the

City of Fargo may elect to exercise on or before December 31, 2014.

b. The City of Fargo is also requesting a separate Cost Proposal for a seven (7) wheelchair position seventeen

(17) passenger (including driver and seats folded down) as a possible option. This unit shall have the same

base specifications with the exception being the extra length and the increased GVWR needed to

accommodate the extra three (3) wheel chair positions.

c. The City of Fargo reserves the right to release these options to another agency approved by the City of Fargo.

6. BID OPENING

There will not be a public opening since this is not a Low Bid Award but is instead a Request for Proposal. All

proposals will be reviewed by the selection committee.

7. SELECTION CRITERIA

The selection committee of the City of Fargo will review and analyze each response. The committee

members will independently rate the proposal. Upon review, the committee may interview the selected firm

or firms. They will then determine if they feel additional firms merit interviews. Upon completion of all

interviews, using the evaluation form, the committee will then re-evaluate the firms. The firm that best

meets the specification will be recommended to the Fargo City Commission. All evaluations will be signed by

the evaluator and retained as part of the public official records. No proposals will be considered that do not

meet mandatory elements.

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8. EVALUATION TABLE

EVALUATION

Maximum

Points

Score

Minimum Qualifications & Specifications 40

Price 35

References - Reliability & Service 10

Compatibility - Existing City of Fargo Infrastructure and Future

Plans

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TOTAL POINTS 100

* Price Evaluation Example: The lowest proposed price will receive 35 points. The other proposers will receive

points in direct proportion to the lowest price. For example, if the lowest total cost is $100,000 and someone

bid $110,000, they would receive 31.5 points (10,000/100,000 = 10%, 100% - 10% = 90%, 90% x 35 = 31.5 pts)

9. BID PROTEST PROCEDUREs

a. General

Protests will be accepted from prospective bidders or offerors whose direct economic interest would be

affected by the award of a contract or by failure to award a contract. The Fargo Transit Administrator and

the Fargo Fleet Manager will consider all protests or objections filed in a timely manner regarding the award

of a contract, whether submitted before or after award. All protests shall be in writing and shall be

supported by sufficient information to enable the protest to be considered. A protest will not be considered

if it is insufficiently supported or it is not received within the time limits specified herein. Protest submissions

should be concise, logically arranged, and clearly state the ground for the protest. Protests must include at

least the following information:

• Name, address, and telephone number of protestor.

• Identification of the solicitation or bid.

• A detailed statement of the legal and factual grounds of the protest, including copies of relevant

documents.

• A statement as to what relief is requested.

Protests should be sent via certified mail through the U.S. Postal Service to:

Fleet Services Manager Transit Administrator

Central Garage Metro Transit Garage

402 23rd Street North 650 23rd Street North

Fargo, ND 58102 Fargo, ND 58102

Protests must be filed with City of Fargo in accordance with our procedures and time requirements. The

protest to City of Fargo must be complete and contain all the issues that the protestor believes relevant. The

City of Fargo will respond to each substantive issue raised in the protest. Failure to include an issue in the

protest to the City of Fargo will preclude raising the issue to FTA, if the protest is appealed to that agency.

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Following an adverse decision by City of Fargo, protestor may file a protest with FTA under certain limited

circumstances listed in paragraph f.

On occasion, when considered appropriate by the Fargo City Administrator, an informal conference on the

merits of the protest with all interested parties may be held.

b. Protests Before Award

1. Solicitation Phase

Protests concerning the solicitation must be submitted in writing by COB March 14, 2014. If the

written protest is not received by the time specified, award may be made in the normal manner

unless the Fargo Transit Administrator and the Moorhead Transit Manager, upon investigation, find

that remedial action is required. Oral protests not followed up by a written protest will be

disregarded.

Notice of a protest and the basis therefore will be given to all potential bidders or offerors.

2. Pre-Award Phase

When a protest against the making of an award is received after receipt of bids or proposals but prior

to award, COB March 31, 2014 , the Fargo Transit Administrator and the Fargo Fleet Manager may

determine to withhold the award pending disposition of the protest. City of Fargo will provide a

written response to each material issue raised in the written protest. Notice of a protest as well as

City of Fargo’s response will be provided to bidders/proposers who responded to the solicitation and

are in line for the award of a contract.

Where a written protest against the making of an award is received by the time specified COB March

14, 2014, an award will not be made unless City of Fargo determines that:

• The items to be procured are urgently required;

• Delivery or performance will be unduly delayed by failure to make award promptly; or,

• Failure to make award will otherwise cause undue harm to City of Fargo or the Federal

Government.

If award is made, the Fargo Transit Administrator and the Moorhead Transit Manager will document

the file to explain the need for an award and will give written notice of the decision to proceed with

the award to the protestor and, as appropriate, to others concerned by COB March 28, 2014.

c. Protests After Award

A protest received by COB April 7, 2014 shall be reviewed by the Fargo Transit Administrator, the Fargo Fleet

Manager, and the Legal Department. The selected contractor will, in any event, be furnished with the notice

of protest and the basis therefore. When it appears likely that an award may be invalidated and a delay in

receiving the supplies or services is not prejudicial to City of Fargo’s interest, the Fargo Transit Administrator

and the Fargo Fleet Manager may consider a mutual agreement with the contractor to suspend performance

on a no-cost basis. A written response by the Fargo Transit Administrator and the Fargo Fleet Manager will

be issued by COB April 14, 2014.

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d. Post-Award Appeals

Appeals must be sent in writing to the Fargo City Commission by COB April 21, 2014. The Fargo City

Commission will schedule a hearing by COB April 30, 2014, where the appellant may be heard. The Fargo

City Commission will issue a final written determination by COB May 5, 2014.

The decision of the Commission and/or Council is final and no further appeals may be made.

e. Determination of Interested Party

An interested party is an actual prospective bidder or offeror whose direct economic interest would be

affected by award of a contract or failure to award a contract. This definition specifically excludes

subcontractors and suppliers.

1. The ability to qualify as an actual or prospective bidder/proposer ends when the bid/proposal period

ends.

2. The offer received from the protestor must be technically responsive.

3. The protestor must be the next in line to receive the award if the protested issues prevail.

4. If not next in line, the protestor must successfully challenge all intervening offers to establish next in

line status.

f. Protests to FTA

Under certain limited circumstances, an interested party may protest to FTA the award of a contract

pursuant to an FTA grant. FTA’s review of any protest will be limited to alleged failure of City of Fargo to

have or follow its written protest procedures or alleged failure to review a complaint or protest.

1. Time for Filing

i. An appeal to FTA must be received by FTA Region VIII within five (5) working days of the

date the protester learned or should have learned of an adverse decision by the grantee or

other basis of appeal to FTA. Protests should be addressed to

U.S. Department of Transportation

Federal Transit Administration, Region VIII

12300 W Dakota Ave, Suite 310

Lakewood, CO 80228

ii. Violations of Federal law or regulation will be handled by the complaint process stated within

the law or regulation.

2. Submission of Protest to FTA

i. A protestor must exhaust all administrative remedies with City of Fargo before pursuing a

protest to FTA.

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ii. Protests to FTA should be sent to the FTA Regional or Headquarters Office. A concurrent

copy of the protest must be sent to City of Fargo.

iii. The protest filed with FTA shall:

• Include the name and address of the protestor.

• Identify City of Fargo and the number/title of the contract solicitation.

• Contain a statement of the grounds for the protest and any supporting

documentation. This should detail the alleged failure of City of Fargo to have or

follow its protest procedures or the alleged failure to review a complaint or protest.

• Include a copy of the local protest filed with City of Fargo and a copy of City of

Fargo’s decision, if any.

b) Other Remedies

Contractors may seek remedy in the North Dakota courts, as applicable, if they desire to do so.

10. APPROVED EQUALS

It is the intent of the City of Fargo to issue a generic Request for Proposal so as not to exclude any transit

vehicle manufacturer or dealer from submitting a Proposal. If a specific brand and model product is specified

it is based on a performance or commonality decision. If the specified brand or model specified causes a

transit vehicle manufacturer to not be able to meet the specifications required, they can submit a request for

an approved equal product. The form included in this RFP shall be used and submitted before the due date

on the request form. The deadline for requesting an approved equal is COB March 12, 2014.

11. REMEDIES/SANCTIONS FOR BREACH

If awarded the contract, the Contractor shall warrant that he or she has not offered or given gratuities (in the

form of entertainment, gifts, or otherwise) to any official or employee of the City or its operating contractor,

with a view toward securing favorable treatment in the awarding, amending, or evaluating performance of

the contract.

12. APPLICABLE STATE AND LOCAL CLAUSES

a. Confidentiality of Proposal Information

Each proposal and supporting documents must be submitted in or under cover of a sealed envelope to

provide confidentiality of the proposal information prior to the proposal opening. Upon award of a

proposal, all information, including cost, will become public record.

b. Proposals Binding

All proposals submitted in accordance with the terms and conditions of the RFP shall be binding upon the

bidder for at least ninety (90) calendar days after the proposal opening.

c. Disclaimer of Liability

The City will not hold harmless or indemnify any contractor for any liability whatsoever.

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d. Hold Harmless

The City will be held harmless and free from any and all liability, claims, or expenses whatsoever incurred by,

or on behalf of, any person or organization responding to this RFP.

e. Law Governing

All contractual agreements shall be subject to, governed by, and construed according to the laws of the State

of North Dakota as applicable.

f. Conditional Proposals

Conditional proposals are subject to rejection in whole or in part.

g. Subletting of Contract

The contract that will be derived from this RFP shall not be sublet except with the written consent of the City.

No such consent shall be construed as making the City a party to such subcontract, or subjecting the City to

liability of any kind to any subcontractor. No subcontract shall, under any circumstances, relieve the

Contractor of his liability and obligation under his contract, and all transactions with the City must be through

the General Contractor.

h. Assignment/Transfer of Interests

There shall be no assignment/transfer of interests or delegation of Contractor’s rights, duties or

responsibilities of Contractor under the contract derived from this RFP without the prior written approval of

the City, which approval shall not be unreasonably withheld. An assignment or transfer of interests which

shall require approval of the City shall include, without limitation, the occurrence within any six-month

period of the transfer of a majority ownership interest of the Contractor, such as a transfer of a majority of

the outstanding stock in the Contractor if it is a corporation or a transfer of a majority of the membership in

the Contractor if it is a limited liability company. A claim by Contractor that City’s withholding of approval is

unreasonable may only be resolved by a lawsuit seeking declaratory relief or judgment, and such claim shall

not give rise to any action for damages, direct, indirect or consequential.

i. Severability

In the event any provision of the contract is declared or determined to be unlawful, invalid or

unconstitutional, such declaration shall not affect, in any manner, the legality of the remaining provisions of

the contract and each provision of the contract will be and is deemed to be separate and severable from

each other provision.

j. Regulatory Requirements

The Contractor shall comply with all Federal, State, and local licensing, training, testing and/or regulatory

requirements (including permits) for the provision of the transit services.

The successful Contractor shall be appropriately licensed for the work required as a result of the contract.

The cost for any required licenses or permits shall be the responsibility of the Contractor. Contractor is liable

for any and all taxes due as a result of the contract.

k. Responsible Firms

Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On

the contrary, all responsible firms are encouraged to submit proposals.

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l. Reserved Rights

The City reserves the right to accept or reject any or all of the proposals submitted, waive informalities and

technicalities and negotiate any or all elements of the proposals.

m. Publication, Reproduction and Use of Material

No custom material produced in whole or in part under the Contract shall be subject to copyright in the

United States or in any country. The City and Federal Transit Administration shall have authority to publish,

disclose, distribute and otherwise use, in whole or in part, any custom material prepared under any contract

resulting from this RFP.

n. Waiver

By submission of its proposal, the Proposer represents and warrants that it has sufficiently informed itself in

all matters affecting the performance of work or the furnishing of the labor services, supplies, materials, or

equipment and facilities called for in the solicitation; that it has checked its proposal for errors and

omissions; that the prices stated in its proposal are correct and as intended by it; and, are a complete and

correct statement of its prices for performing the labor, services, supplies, materials or equipment and

facilities required by the Contract Documents. The Proposer waives any claim for the return of its proposal

security if, on account of errors or omissions claimed to have been made by it in its proposal or for any other

reason it should refuse or fail to execute the contract.

o. Independent Price Determination

The Proposer certifies that he/she has not colluded, conspired, connived, or agreed, directly or indirectly,

with any Proposer or person to put in a sham proposal or to refrain from proposing, and further, that he has

not in any manner, directly or indirectly sought by agreement, collusion, communication, or conference, with

any person, to fix the proposal amount herein or any other Proposer, or to fix any overhead, profit, or cost

element of said proposal amount, or that of any other Proposer, or to secure any advantage against City or

any person interested in the proposed contract.

p. Prohibited Interest

No administrator or employee of the City and no member of its governing body shall participate in selection

or in the award or administration of a contract if a conflict of interest real or apparent would be involved.

No member or delegate to the North Dakota Legislature or to the Congress of the United States shall be

admitted to any share or part of the Agreement or any benefit arising there from.

FEDERAL CLAUSES

By entering into a sale with the City of Fargo, ND, and doing business as MATBUS, the supplier is agreeing to be

bound by the following federal clauses and certifications:

1. No Government Obligation to Third Parties

a) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the

Federal Government in or approval of the solicitation or award of the underlying contract, absent the

express written consent by the Federal Government, the Federal Government is not a party to this

contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any

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other party (whether or not a party to that contract) pertaining to any matter resulting from the

underlying contract.

b) The Contractor agrees to include the above clause in each subcontract financed in whole or in part

with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified,

except to identify the subcontractor who will be subject to its provisions.

2. Program Fraud & False or Fraudulent Statements & Related Acts

a) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as

amended, 31 U.S.C. 3801 et seq. and U.S. DOT regulations, Program Fraud Civil Remedies, 49 C.F.R.

Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the

Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes,

it may make, or cause to be made, pertaining to the underlying contract or the FTA assisted project

for which this contract work is being performed. In addition to other penalties that may be

applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false,

fictitious, or fraudulent claim, statement, submission or certification, the Federal Government

reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the

Contractor to the extent the Federal Government deems appropriate.

b) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or

fraudulent claim, statement, submission, or certification to the Federal Government under a contract

connected with a project that is financed in whole or in part with Federal assistance originally

awarded by FTA under the authority of 49 U.S.C. 5307, the Government reserves the right to impose

the penalties of 18 U.S.C. 1001 and 49 U.S.C. 5307(n)(1) on the Contractor, to the extent the Federal

Government deems appropriate.

c) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in

part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be

modified, except to identify the subcontractor who will be subject to the provisions.

3. Access To Records

a) Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee

of the FTA Recipient in accordance with 49 C.F.R. 18.36(I), the Contractor agrees to provide the

Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their

authorized representatives access to any books, documents, papers and records of the Contractor

which are directly pertinent to this contract for the purposes of making audits, examinations,

excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA

Administrator or his authorized representatives including any PMO Contractor access to Contractor's

records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1,

which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307,

5309 or 5311.

b) Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in

accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator

or his authorized representatives, including any PMO Contractor, access to the Contractor's records

and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is

receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or

5311. By definition, a major capital project excludes contracts of less than the simplified acquisition

threshold currently set at $100,000.

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c) Where the Purchaser enters into a negotiated contract for other than a small purchase or under the

simplified acquisition threshold and is an institution of higher education, a hospital or other non-

profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with

49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller

General of the United States or any of their duly authorized representatives with access to any

books, documents, papers and record of the Contractor which are directly pertinent to this contract

for the purposes of making audits, examinations, excerpts and transcriptions.

d) Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance

with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49

U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records

related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller

General or any authorized officer or employee of any of them for the purpose of conducting an audit

and inspection.

e) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever

or to copy excerpts and transcriptions as reasonably needed.

f) The Contractor agrees to maintain all books, records, accounts and reports required under this

contract for a period of not less than three years after the date of termination or expiration of this

contract, except in the event of the litigation or settlement of claims arising from the performance of

this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA

Administrator, the Comptroller General, or any of their duly authorized representatives, have

disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR

18.39(I)(11).

4. Federal Changes

a) Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and

directives, including without limitation those listed directly or by reference in the Master Agreement

between Purchaser and FTA, and they may be amended or promulgated from time to time during the

term of this contract. Contractor's failure to so comply shall constitute a material breach of this

contract.

5. Civil Rights Requirements (EEO, Title VI & ADA)

The following requirements apply to the underlying contract:

a) Nondiscrimination.

In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. 2000d, section 303 of the

Age Discrimination Act of 1975, as amended, 42 U.S.C. 6102, section 202 of the Americans with

Disabilities Act of 1990, 42 U.S.C. 12132, and Federal transit law at 49 U.S.C. 5332, the Contractor

agrees that it will not discriminate against any employee or applicant for employment because of

race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply

with applicable Federal implementing regulations and other implementing requirements FTA may

issue.

b) Equal Employment Opportunity.

The following equal employment opportunity requirements apply to the underlying contract:

1. Race, Color, Creed, National Origin, Sex.

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i. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal

transit laws at 49 U.S.C. 5332, the Contractor agrees to comply with all applicable equal

employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations,

Office of Federal Contract Compliance Programs, Equal Employment Opportunity,

Department of labor, 41 C.F.R. Parts 60 et seq., (which implement Executive Order No.

11246, Equal Employment Opportunity, as amended by Executive Order No. 11375,

Amending Executive Order 11246 Relating to Equal Employment Opportunity, 42 U.S.C.

2000e note), and with any applicable Federal statutes, executive orders, regulations, and

Federal policies that may in the future affect construction activities undertaken in the course

of the Project. The Contractor agrees to take affirmative action to ensure that applicants are

employed, and that employees are treated during employment, without regard to race,

color, national origin, sex, or age. Such action shall include, but not be limited to, the

following: employment, upgrading, demotion or transfer, recruitment or recruitment

advertising, layoff or termination; rates of pay or other forms of compensation; and selection

for training, including apprenticeship. In addition, the Contractor agrees to comply with any

implementation requirements FTA may issue.

2. Age.

i. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as

amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Contractor agrees to

refrain from discrimination against present and prospective employees for reason of age. In

addition, the Contractor agrees to comply with any implementing requirements FTA may

issue.

3. Disabilities.

i. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C.

12112, the Contractor agrees that it will comply with the requirements of U.S. Equal

Employment Opportunity Commission, Regulations to Implement the Equal Employment

Provisions of the Americans with Disabilities Act, 29 C.F.R. Part 1630, pertaining to

employment of persons with disabilities. In addition, the Contractor agrees to comply with

any implementing requirements FTA may issue.

d. The Contractor also agrees to include these requirements in each subcontract financed in whole or in

part with Federal assistance provided by FTA, modified only if necessary to identify the affected

parties.

6. Termination Provisions

a) City of Fargo reserves the right to cancel any contract for cause upon written notice to the

Contractor. Cause for cancellation will be documented failure(s) of the contractor to provide services

in the quantity and/or quality required. Notice of such cancellation will be given with sufficient time

to allow for the orderly withdrawal of the Contractor without additional harm to the participants or

City of Fargo.

b) City of Fargo may cancel or reduce the amount of service to be rendered if there is, in the opinion of

the City Council, a significant increase in local costs; or, in the opinion of the City Council, insufficient

state or federal funding available for the service, thereby terminating the contract or reducing the

compensation to be paid under the contract. In such event, City of Fargo will notify Contractor in

writing ninety (90) days in advance of the date such actions are to be implemented.

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c) CONTRACTOR is hereby notified that City of Fargo Transit system pursuant to this agreement is

dependent upon the necessary receipt of local, state and federal funding.

d) In the event of any termination, City of Fargo shall pay the agreed rate only for services delivered up

to the date of termination. City of Fargo has no obligation to Contractor, of any kind, after the date

of termination. Contractor shall deliver all records, equipment and materials to City of Fargo within

24 hours of the date of termination.

7. Disadvantaged and Small Business Enterprise

a) In connection with the performance of this service, the Contractor will cooperate with City of Fargo

in the utilization of disadvantaged business enterprises including women-owned business enterprises

for the duration of the contract and will use its best efforts to insure that disadvantaged business

enterprises have the maximum practicable opportunity to compete for subcontract work. In order to

insure that a fair proportion of the purchases of supplies and services are placed with disadvantaged

business enterprises, the Contractor agrees to take affirmative action to identify disadvantaged

business firms, solicit bids or quotations from them for supplies and services related to this proposal.

b) The Contractor agrees to meet any goals established by City of Fargo for purchases pertaining to this

Contract to the best of the Contractor's ability and will provide City of Fargo with the necessary

certification and records for reporting purposes. The majority of the contract is labor, which is not a

contracting opportunity.

c) The contractor shall not discriminate on the basis of race, color, national origin, or sex in the

performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part

26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry

out these requirements is a material breach of this contract, which may result in the termination of

this contract or such other remedy as the City deems appropriate. Each subcontract the contractor

signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

d) The contractor will be required to report its DBE participation obtained through race-neutral means

throughout the period of performance.

e) The contractor is required to pay its subcontractors performing work related to this contract for

satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment

for that work from the CITY. In addition, the Contractor is required to return any retainage payments

to those subcontractors within 30 days after the subcontractor's work related to this contract is

satisfactorily completed.

f) The contractor must promptly notify City of Fargo whenever a DBE subcontractor performing work

related to this contract is terminated or fails to complete its work, and must make good faith efforts

to engage another DBE subcontractor to perform at least the same amount of work. The contractor

may not terminate any DBE subcontractor and perform that work through its own forces or those of

an affiliate without prior written consent of City of Fargo.

g) Fostering Small Business Participation

City of Fargo has established a small business element to its DBE program, pursuant to 49 CFR 26.39.

This program aims to provide opportunities and foster small business enterprises (SBE)/participation

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in contracting with City of Fargo. This program is race- and gender- neutral, however SBEs can also

count towards DBE goals.

8. Incorporation of FTA Terms

a) The preceding provision includes, in part, certain Standard Terms and Conditions required by DOT,

whether or not expressly set forth in the preceding contract provisions. All contractual provisions

required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference.

Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control

in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not

perform any act, fail to perform any act, or refuse to comply with any City of Fargo requests which

would cause City of Fargo to be in violation of the FTA terms and conditions.

9. Debarred, Suspended, or Ineligible Contractors

a) The contractor certifies that his/her firm is not included on the U.S. Comptroller General's or General

Services Administration's Consolidated List of Persons or Firms Currently Debarred or Suspended for

Violations of Various Public Contracts Incorporating Labor Standards.

10. Buy America

a) The Contractor shall comply with applicable Buy America requirements set forth under the

requirements of Section 165(a) of the Surface Transportation Act of 1982 and the applicable

regulations in 49 CFR Part 661, as amended.

11. Breach of Contract and Dispute Resolution

a) Disputes will be presented in writing to the appropriate City personnel the Fargo Transit

Administrator. City personnel and the Contractor will attempt to resolve any dispute arising in the

performance of the Contract.

1. Fargo

a. If the Transit Administrator and Contractor cannot resolve the dispute, the issue will be

presented in writing to the Fargo City Administrator within ten [10] working days of

dispute. If the dispute cannot be resolved by the City Administrator, it will be submitted

in writing within ten [10] working days of the Fargo City Administrator’s decision to the

Fargo City Commission – it is the sole responsibility of the Contractor to schedule a

hearing with the Fargo City Commission. In connection with any such appeal, the

Contractor shall be afforded an opportunity to be heard and to offer evidence in support

of its position at the hearing.

3. The decision of the Fargo City Commission shall be binding upon the Contractor and the

Contractor shall abide by the decision.

b. Unless otherwise directed by the Cities of Fargo and/or Moorhead, Contractor shall continue

performance under this contract while matters in dispute are being resolved.

c. Should either party to the contract suffer injury or damage to person or property because of any act

or omission of the party or of any of his employees, agents or others for whose acts he is legally

liable, a claim for damages therefore shall be made in writing to such other party within a reasonable

time after the first observance of such injury of damage.

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d. Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in

question between the Cities of Fargo and/or Moorhead and the Contractor arising out of or relating

to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a

court of competent jurisdiction within the applicable state.

12. Lobbying Restrictions

The Proposer certifies that:

a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any

person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in

connection with the awarding of any Federal contract, the making of any Federal grant, the making

of any Federal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or

cooperative agreement.

b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or employee of any agency, a Member of Congress,

an officer or employee of Congress, or an employee of a Member of Congress in connection with this

Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit

Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

c) The undersigned shall require that the language of this certification be included in the award

documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under

grants, loans, and cooperative agreement) and that all sub-recipients shall certify and disclose

accordingly.

13. Clean Air

a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant

to the Clean Air Act, as amended, 42 U.S.C. 7401 et seq. The Contractor agrees to report each

violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each

violation as required to assure notification to FTA and the appropriate EPA Regional Office.

b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000

financed in whole or in part with Federal assistance provided by FTA.

14. Clean Water

a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant

to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor

agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will,

in turn, report each violation as required to assure notification to FTA and the appropriate EPA

Regional Office.

b) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000

financed in whole or in part with Federal assistance provided by FTA.

15. Transit Employee Protective Arrangements, General Transit Employee Protective Requirements

AS APPLICABLE

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a) To the extent that FTA determines that transit operations are involved, the Contractor agrees to

carry out the transit operations work on the underlying contract in compliance with terms and

conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests

of employees employed under this contract and to meet the employee protective requirements of 49

U.S.C. § 5333(b), and U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto.

16. Charter & School Bus Service Operations - AS APPLICABLE

a) The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that

recipients and subrecipients of FTA assistance are prohibited from providing charter service using

federally funded equipment or facilities if there is at least one private charter operator willing and

able to provide the service, except under one of the exceptions at 40 CFR 604.9. Any charter service

provided under one of the exceptions must be "incidental", i.e., it must not interfere with or detract

from the provision of mass transportation.

b) Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 604, recipients and subrecipients of FTA assistance may

not engage in school bus operations exclusively for the transportation of students and school

personnel in competition with private school bus operators unless qualified under specified

exemptions. When operating exclusive school bus service under an allowable exemption, recipients

and subrecipients may not use federally funded equipment, vehicles or facilities.

17. Drug & Alcohol Testing – AS APPLICABLE

a) The Contractor agrees to establish and implement a drug and alcohol testing program that complies

with 40 CFR Part 655, produce any documentation necessary to establish its compliance with Part

655, and permit any authorized representative of the United States Department of Transportation or

its operating administrations, the State Oversight Agency of North Dakota and/or Minnesota, or the

Cities of Fargo/Moorhead, to inspect the facilities and records associated with the implementation of

the drug and alcohol testing program as required under 49 CFR Parts 40 and 655 and review the

testing process. The contractor agrees further to certify annually its compliance with Parts 40 and

655 before February 1 and to submit the Management Information System (MIS) reports before

February 1 to the City of Moorhead Transit Manager. To certify compliance the contractor shall use

the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal

Transit Administration Grants and Cooperative Agreements," which is published annually in the

Federal Register. The Contractor agrees to furnish with this proposal all necessary documentation

for a compliant drug and alcohol testing program.

18. Cargo Preference

a) 46 U.S.C. 1241(b)(1) and 46 CFR Part 381 impose cargo preference requirements on shipment of

foreign made goods. Requirements therein apply to the contract arising from this procurement.

19. Energy Conservation

a) Contractor shall recognize mandatory standards and policies relating to energy efficiency which are

contained in the State energy conservation plan issued in compliance with the Energy Policy and

Conservation Act (42 USC Section 6321 et seq).

20. Environmental Violations

a) For all contracts and subcontracts in excess of $100,000, contractor agrees to comply with all

applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC

1857 (h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and

Environmental Protection Agency Regulations (40 CFR Part 15) which prohibits the use under

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nonexempt Federal contracts, grant or loans of facilities included on the EPA List of Violating

Facilities. Contractor shall report violations to FTA and to the US/EPA Assistant Administrator for

Enforcement (ENO329).

21. Fly America

a) The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the

General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients

and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for

U.S Government-financed international air travel and transportation of their personal effects or

property, to the extent such service is available, unless travel by foreign air carrier is a matter of

necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was

used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag

air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any

event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees

to include the requirements of this section in all subcontracts that may involve international air

transportation.

22. Cargo Preference

a) Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-

Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry

bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or

commodities pursuant to the underlying contract to the extent such vessels are available at fair and

reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days

following the date of loading for shipments originating within the United States or within 30 working

days following the date of leading for shipments originating outside the United States, a legible copy

of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo

described in the preceding paragraph to the Division of National Cargo, Office of Market

Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the

contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all

subcontracts issued pursuant to this contract when the subcontract may involve the transport of

equipment, material, or commodities by ocean vessel.

23. Assignability Clause

a) Inter-Governmental Agreements, Joint Procurements, Piggybacking/Assignments - Contractor agrees

to comply with FTA Circular 4220.1F, paragraph 7.e., the encouragement of inter-governmental

procurements.

b) Any public agency (i.e. city, district, public agency, municipality, state, and other political subdivision

or any Federal Transit Administration-funded entity) shall have the option of participating in any

award made as a result of this proposal at the same prices, and terms and conditions. City of Fargo

reserves the right to assign all or any portion of the vehicles awarded under this Contract including

option quantities. This assignment, should it occur, shall be agreed to by City of Fargo and the

Contractor. Once assigned, each agency will enter into its own contract and be solely responsible to

contractor for obligations to the vehicles assigned. City of Fargo’s right of assignment will remain in

force until completion of the contract to include options, whichever occurs first. City of Fargo shall

incur no financial responsibility in connection with contracts issued by another public agency. The

public agency shall accept sole responsibility for placing order or payments to the Contractor.

24. ADA Accessability a) Contractor agrees that buses will be designed and constructed in accordance with the Americans with

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Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. Sections 12101 et seq., which requires that services be

made available to individuals with disabilities, and with applicable implementing Federal regulations, including

49 CFR Part 38 “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles.”

TECHNICAL SPECIFICATIONS

1. OPERATING ENVIRONMENT

a. It is the intent of these specifications to describe a medium-duty Para transit bus, designed and built to

withstand the rigors of daily Para transit service. These vehicles will operate in a service characterized by low

engine speed and high electrical demand.

2. GENERAL REQUIREMENTS

a. Vehicle shall be in accordance with all applicable FMVSS requirements and ADA requirements.

b. Bus body shall be a current model year including all standard options.

c. All parts shall be identical on all buses.

d. Vehicle must be Altoona tested. Report must be provided (electronically or hard copy).

e. The bus is certified by an independent testing agency to meet FMVSS 220 (School Bus Rollover). Certification

of compliance with this static load test shall be available upon request.

f. Vehicle must have valid STS certification to operate in Minnesota.

3. SERVICE LIFE

a. The bus shall be designed to operate in Para transit service for minimum of five (5) years or 150,000 miles. It

shall be capable of operating at least 30,000 miles per year including the 5th year.

4. WARRANTY

a. Vehicle chassis shall be covered with all standard manufacturer warranties.

b. Bus body and bus components shall be covered for one (1) year or standard manufactures warranty,

whichever is greater.

c. Bus frame work shall be covered by a five (5) year warranty or standard manufactures warranty, whichever is

greater.

5. MANUALS (manuals on CD preferred except where stated

a. Operator manuals shall be hard copy.

i. There shall be one in each vehicle covering operation of all the functions and components of

the complete unit.

ii. Two (2) extra operator manuals shall be included with each order.

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b. Complete parts manual of bus body and all its components.

c. Complete service and maintenance manual on components installed in the bus body.

d. As built wiring schematic with diagrams and parts shall be provided.

6. CHASSIS (cutaway)

a. Engine gasoline fueled, 8 cylinder minimum.

b. Driver’s side step.

c. 158” wheelbase for 15 Passenger Bus.

d. Multiple GVWR’s: 12,500#, 12,500# or 14,500# GVWR.

e. “Shuttle Bus Prep Package”, shall be included if available.

f. Rear suspension shall be Mor/Ride-rear.

g. Dual Rear Wheels with valve stem extensions.

h. Six (6) Tires: LT225/75Rx16E, “E” Rating.

i. One (1) Spare tire and Rim.

j. Wheels Painted White.

k. Radio Prep Package.

l. Inside Day/Night Rearview Mirror.

m. Daytime Running Lights.

n. Front and Rear Heavy Duty Shock Absorbers.

o. Automatic Transmission with Tow/Haul Mode.

p. Auxiliary Transmission Oil Cooler.

q. Tilt Steering Wheel.

r. Power Steering.

s. Driver’s Sun Visor.

t. Factory Heat/AC, high output system in driver’s area.

u. Engine Oil Pressure Gauge.

v. Electronic Speedometer.

w. 4-Wheel ABS Hydraulic Disc Brakes with Hydro-Boost.

x. 40 Gallon Fuel Tank (55 gallons above 14,000 GVWR).

y. Alternator: 225 amp minimum.

z. Glove Box with 12-volt Power Port.

aa. Additional power port in dash area.

bb. Storage Bins in Driver’s Door.

cc. Clipboard Storage Slot in Center Console.

7. BUS BODY

a. Bumper to Bumper 288” minimum

b. Overall Body Width 96” maximum

c. Overall Height 114” maximum

d. Passenger capacity Seated 15, including driver or 17 including driver (option)

e. Wheelchair 4 positions or 7 positions (option)

f. Wheelchair lift Braun - 800 pound capacity

g. Restraints 4 point Q’Straint deluxe slide and click

h. Seats Minimum 28” hip to knee seat spacing

i. Floor Flat floor in passenger area

j. Interior Width 90” minimum

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k. Interior Height 75” minimum

l. Step Height from Ground 12” maximum

m. Step Riser Height 9½” maximum

n. Entry Door Dimension 30” by 80” minimum

o. Width of Aisle 20” minimum

p. Rear AC 50,000 BTU minimum

q. Roof Escape Hatch Must also be able to be opened for ventilation

r. Auxiliary Heaters Qty. two (2) 65,000 BTU each

8. BODY STRUCTURE

a. The bus body shall be a current in-service, body and frame designed to last five (5) years or 150,000 miles.

b. The steel body framework shall be built as an integral unit, adequately reinforced at all joints and corners

where stress concentration may occur, designed to adequately carry required loads and withstand road

shock.

c. All seat attachments shall be bolted to steel plates welded directly to the body frame or the steel mounting

tracks for the passenger seats are welded to the sidewall steel frame and to the steel sub-floor.

d. All grab rails and stations shall be bolted to steel plates welded to the body frame.

e. Roof top escape opening shall incorporate a steel frame work as part of the body framework.

f. The Roof top escape hatch shall have the ability to be partially opened for ventilation purposes.

g. All window and door openings shall have a metal framework around them incorporated into the body

framework.

h. The body shall be bolted through the sub-floor structure to the chassis frame utilizing rubber isolating

mounts and following all recommended attachment procedures as specified by the chassis manufacturer.

Welding of any part of the body understructure or floor structure to the chassis frame will not be permitted.

i. All metal parts of the under body structure shall be treated with a commercial grade corrosion protection

undercoating.

j. Antenna ground plane 18” minimum shall be welded to the frame with an access cover on the inside of the

bus.

k. The exterior sidewalls of the bus shall be fiberglass with no exposed fasteners. All nuts, bolts, clips, washers,

clamps and like fasteners that are exposed to the elements shall be stainless steel to prevent corrosion

l. Water channeling rain gutters shall be installed over all door and window openings.

m. Any exterior metal such as door trim and hinges shall be stainless steel.

n. Wheel housings are of one-piece, steel construction, 14 GA minimum, and treated with an anti-corrosive

primer. Wheel housings are constructed and adequately reinforced to prevent deflection. Ample clearance

is provided for tires in their maximum jounce position according to the chassis manufacturer

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o. The floor shall be 5/8 inch pressure-treated marine grade plywood over aluminum underbelly and shall be

cut and installed in such a manner as to prevent floor noise and sagging. The plywood may be glued down as

part of the floor anchoring mechanism.

p. The floor in the passenger area shall be flat, with access panel for fuel tank sending unit and fuel pump.

q. All fasteners used in fastening trim or components to the floor shall be stainless steel.

r. The floor covering shall be Altro Flooring – Genome Gray

s. There must be a yellow line on the floor and signage stating that riders are not to be forward of the yellow

line.

t. The passenger steps shall include anti slip protection.

u. Steps must be labeled “Watch your Step”.

v. Interior side panels shall be constructed of Fiberglass, melamine or other non porous surface that is easily

cleaned.

w. Interior panels shall be able to be removed and reinstalled by maintenance techs providing access to key

components or wiring.

x. Side walls and ceiling shall be insulated with a minimum of 1 ½ inches of insulation.

y. Access doors are provided where necessary to service transmission, engine, radiator and battery.

z. Side battery enclosure with stainless steel pullout slide and access cover in body.

aa. All skirt panels are to be supported and backed by vertical and horizontal supports.

9. FIRE SUPPRESSION

a. An Amerex fire suppression system (SMVS13A-BC) shall be installed protecting the engine and transmission

compartments.

10. DRIVERS AREA

a. All drivers’ controls shall be positioned within reach of a seated driver and arraigned as ergonomically as

possible.

b. A step shall be provided for the driver’s door.

11. ELECTRICAL/LIGHTS

a. The electrical systems and equipment comply with all applicable FMVSS and SAE recommended standards

and practices. All electrical and electronic components are selected to minimize electrical loads thereby not

exceeding the vehicle’s generating capacity. All electrical system components and wiring are easily accessible

through access panels for checking and for maintenance. All switched indicators and controls are located

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and installed in a manner that facilitates easy removal and servicing. All exterior housings of lamps and

fixtures shall be corrosion resistant and weatherproofed.

b. The switch panel, mounted on or near the dashboard within easy reach of the driver, incorporates all

switches to operate the passenger cabin systems, including the following: electric door switch (when

specified), wheelchair lift power (when specified), passenger compartment master light switch, front and

rear air conditioning, and front and rear heater switches. The front and rear air conditioning and heater

controls are separate from each other. Switches are rocker-style, backlit for easy night operation, and

permanently labeled with universal symbols for identification.

c. The electrical system incorporates an audible tone and warning light (located either on the switch panel or

the dashboard), to show a door ajar condition when the bus has a rear exit door or a side wheelchair door.

d. Circuits shall serve the bus body and accessory electrical equipment separate and distinct from the vehicle

chassis circuits. All wiring provided by the bus manufacturer shall be copper and conform to all the SAE

J1292 requirements.

e. Wiring harnesses are protected by a split loom in a color other than that used by the chassis manufacturer.

All looms and wiring are secured to the body or frame with straps or P-clamps in order to prevent sagging

and movement that could result in chafing, pinching, snagging, or any other damage.

f. The main wiring harness installed by the bus manufacturer is rated to carry 125% of the maximum load rating

of the circuit it is designed to service. All cables larger than 18 AWG have the terminals mechanically

crimped to insure minimal voltage drop.

g. The routing of the battery cable is from the battery compartment to the main power distribution panel. The

battery cables are 2 GA AWG and run to the main power distribution panel via the cab and shall be fully

protected by high temperature loom and routed through rubber insulated metal cable clamps. The battery

cables are to be secured with P clamps and not routed where chassis and frame components can create a

pinch point.

h. The interior bus lighting configuration includes the following as a minimum; a driver’s dome light centered

above the windshield that activates when driver’s door is open or with a switch located on the light, OEM

instrument panel lights, switch panel backlighting, at least six (6) dome lights evenly spaced on the ceiling

cove panels throughout the passenger cabin, and two (2) step well lights that adequately illuminate the step

well. The interior lights and step well lights are wired to automatically activate when the passenger door is

opened and the headlights are on.

i. All emergency egress doors and windows are identified with a red LED light illuminated at all times when

ignition is on.

j. Wheelchair lift door shall incorporate a light on the dash to indicate that the door is not closed. An interior

light shall activate when the door is open to illuminate the wheelchair area from above the lift.

k. A circuit is provided for the directional signals which, when on, will cause them to function as traffic hazard

warning signals. (Emergency flashers operate independent of the brake lights.)

l. Intermotive Highlock, Fast idle and interlock system which will control the fast idle and prevent the vehicle

from moving when doors are opened.

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m. All exterior lights shall be LED and meet U.S. DOT and FMVSS requirements and be waterproof with

weatherproof connections.

n. All interior lighting in body structure shall be LEDs.

o. 200 minimum Amp alternator; able to handle the electrical load while in fast idle mode.

p. Two (2) battery system minimum.

q. A master switch discounting complete electrical system shall be provided.

r. Pre-wire for six (6) cameras mounted inside passenger area. Approximate locations are 2 in rear of body and

4 close to the front of the body. Actual locations finalized at the time of order.

s. Pre-wire for FuelMaster AIM II system, (cabling provided by City of Fargo).

t. Electrical powered passenger door with external door switch located at top right of door.

u. A backup alarm shall be required.

v. As built wiring schematic with diagrams and parts shall be provided.

12. HEATING/AC

a. No roof mounted AC units.

b. 50,000 BTU minimum AC unit shall be mounted in side skirt area, with evaporator portion in the rear interior

mounted against the ceiling.

c. Two (2) 65,000 BTU auxiliary heaters in passenger area

i. Each heater shall have shut off control valves to shut off the coolant lines going to the heaters.

ii. One heater shall be positioned towards the rear of the body and one heater positioned by the

passenger steps to help clear the steps in the winter.

d. Add one (1) two speed defroster fan for front windshield that can be positioned to direct air to different

parts of the windshield area.

13. SEATING

a. Minimum 28” hip to knee seat spacing.

b. Curbside seats shall be double notchback style flip seats.

1. Level four (4) seat material, grey in color.

2. 4 wheelchair position buses shall have 3 double flip seats.

3. 7 wheelchair position buses shall have 2 double flip seats and 1 single flip seats.

c. Street side seats shall be notchback style fold seats.

1. Front fold seat behind driver to include seat belts and incorporate a child restraint system.

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2. Level four (4) seat material, grey in color.

3. 4 wheelchair position buses shall have 3 fold double seats.

4. 7 wheelchair position buses shall have 5 fold double seats and 1 fold single seat.

d. Vertical stitching on all passenger seats.

e. Freedman driver’s seat.

1. Level five (5) cloth material.

2. Right hand arm rest.

3. Adjustable lumbar support.

4. Map pocket.

5. Seat belt extension for driver.

Seating Chart

14. DOORS

a. The entry door is a two-leaf, outward opening type, electrically operated, and able to be operated from the

driver’s seat. A clearly labeled, emergency over ride control is mounted in the header above the door to

allow the door to be opened in case of power failure. The door has a full clear opening width of at least 30”

and a full height of at least 80” inches.

b. A clearly labeled, emergency over ride control is mounted in the header above the door to allow the door to

be opened in case of power failure.

c. Additional external door switch is located above and to the right of the passenger door outside on the body.

d. Access panel for passenger power door mechanism.

e. Rear emergency door with windows shall meet all applicable requirements.

i. Wide angle lens affixed to window in rear escape door.

f. Full-length, tinted, AS2 glass is provided on the entry door for full visibility.

g. Access doors to the wheelchair lift shall have each have a full length window, glass to match side windows.

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h. A door ajar warning light and buzzer will be located in the driver’s area.

15. WINDOWS

a. The side passenger windows are transit type. The passenger windows are certified by an independent

testing agency to be in compliance with FMVSS 217 (Bus Window Retention and Release). Passenger

windows must be capable of opening to ensure ventilation. Windows are an upper T-Slider design.

b. The number of windows shall be determined by length of body.

c. Hinged emergency escape windows are provided on each side of the bus. In addition, a rear hinged

emergency escape door is also provided. Emergency windows are clearly labeled and operating instructions

are clearly visible. All egress windows are identified with a red LED light that is illuminated during vehicle

operation.

d. All passenger windows are safety glass with an AS-3 (safety glass rating). Windows are dark tinted to a

maximum of 26% light transmission. All passenger windows are installed in black powder coated or anodized

aluminum frames, or an equivalent. Each side window shall be 36” tall by 36” wide.

e. A curbside transition window is located between the windshield and the main passenger entry door. This

window is made of tempered safety glass and is AS-2 (safety glass rating). The size of the window is designed

to give driver maximum visibility of the curb according to body design.

f. Two windows shall be located on the rear of the body one on each side of the escape door.

g. The escape door shall have two (2) windows, the upper window shall have a wide angle lens affixed to it.

16. MIRRORS

a. Right hand and left hand, fully adjustable, breakaway style, outside rear view mirrors are provided with a

i. 2-in-1 head design that incorporates a flat mirror and a convex mirror,

ii. Flat mirror nominal 10” high and 8” wide with convex portion on the bottom.

b. Inside mirrors shall be provided to allow driver to view passenger area while driving.

17. STANCHIONS/GRAB RAILS/INTERIOR PANNELS

a. Modesty panel behind driver, upper portion shall be LEXAN.

b. Modesty panel located by side of passenger steps.

c. All stanchions/grab rails are 1-1/4” polished stainless steel and securely fastened into steel structural

members in the floor and ceiling. Stanchions shall not be mounted to sheet metal, fiberglass or other non-

reinforced areas.

d. Two (2) grab rails mounted to framework in ceiling along each side of the aisle.

e. Two (2) grab rails on each side of the passenger steps. Built as indicated in the following picture.

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18. ADA EQUIPMENT

a. ADA regulations shall supersede all requirements included in these specifications.

b. Braun Millennium 2 wheelchairs lift 800 pound lift capacity.

c. Warning light in dash area shall be provided to indicate when the door is not closed.

d. Q’Straint deluxe slide and click retractors with knobs.

e. 4 point restraint system.

f. Four (4) Blue Web Belts Q’Straint part # Q5-7580 shall be included with each bus.

g. Q’Straint storage pouches.

h. Wheelchair belt locations marked be decals.

i. All required decals required by ADA or STS regulations.

j. Any other equipment required by ADA that is not listed in this specification.

19. PAINT

a. Vehicle shall be painted white with bottom skirts painted grey. Colors shall match existing fleet.

20. COMPARTMENTS

a. Storage compartment above windshield shall be as large as allowed by body design with a single hinged door.

b. A glove box shall be located above driver’s seat with lockable access cover and light.

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21. BACK-UP CAMERAS AND WARNING SYSTEMS

a. A back-up camera system shall be installed with two (2) cameras and 7” LCD monitor

i. CabCam model A-AS7M13PIN camera system is standard in our fleet and required.

b. Location of cameras shall be one mounted facing rear and second one mounted center above wheelchair

doors aimed down to view area lift will be deployed.

c. A separate back-up warning system shall be required with audible signal for driver when it senses something

within 3 feet.

d. A separate backup alarm shall be mounted by rear bumper area and activated when put in reverse.

22. PRE-WIRING CAMERAS FOR VIDEO RECORDING SYSTEM

a. Five (5) camera locations shall be pre-wired.

i. Camera locations will be finalized at time of order.

23. REAR BUMPER

a. Rear Romeo rim help bumper, rubber, energy absorbing.

24. SAFETY EQUIPMENT

a. Fire extinguisher rated as required by FMVSS.

b. Three (3) DOT safety reflective triangles.

c. 16 unit First aid kit.

d. Body Fluid clean up kit.

e. Seat belt cutter.

25. DEFINITIONS

a. ABS Antilock Braking System

b. AC Air Conditioning

c. ADA Americans with Disabilities Act

d. CD Compact Disc

e. DOT Department of Transportation

f. FMVSS Federal Motor Vehicle Safety Standards

g. GA Gauge

h. GVWR Gross Vehicle Weight Rating

i. LED Light Emitting Diode

j. MAT Metro Area Transit

k. OEM Original Equipment Manufacturer

l. RFP Request for Proposal

m. SAE Society of Automotive Engineers

n. STS Special Transportation Services

28

BID FORM

The undersigned shall, if awarded this contract, furnish to the City of Fargo, North Dakota, the following items in

accordance with the conditions, specifications, and requirements as set forth in the Request for Proposal.

Item Description Quantity Price each Extended Price

Para Transit Bus ___3_____ $__________ $_______________

Total Bid Price $_______________

Delivery Days ARO _____________

Chassis Make/Year _____________________ Model _____________ GVRW ___________

Body Make ___________________________ Model _____________

Wheelbase _____________

Vehicle/Equipment meets specifications Yes _____ No_____

Receipt of Addendum (initial) #1______ #2______ #3______ #4______ #5______

If awarded this request, the bidder’s signature on this bid form and contract is the bidder’s contractual signature and

shall become a binding contract to furnish the awarded item(s). The City’s acceptance is conditioned upon the

resolution of any protest to the Request for Proposal.

Signature of Bidder __________________________________________________

Typed/Printed Name and Title _________________________________________

Company Name _____________________________________________________

Address ____________________________________________________________

___________________________________________________________________

___________________________________________________________________

Telephone __________________________ FAX ____________________________

Federal Tax ID No. ___________________________________________________

Dealer’s License No. __________________ State of Issue ____________________

5% Bid Bond included Yes _____ No_____

29

OPTION

7 WHEELCHAIRS/17 PASSENGER (INCLUDING DRIVER)

The undersigned shall, if this option is chosen, furnish to the City of Fargo, North Dakota, the following items in

accordance with the conditions, specifications, and requirements as set forth in the Request for Proposal.

Item Description Quantity Price each

Para Transit Bus ___1_____ $__________

Signature of Bidder __________________________________________________

Typed/Printed Name and Title _________________________________________

Company Name _____________________________________________________

Address ____________________________________________________________

___________________________________________________________________

Telephone __________________________ FAX ____________________________

Federal Tax ID No. ___________________________________________________

Dealer’s License No. __________________ State of Issue ____________________

30

REQUEST FOR INFORMATION OR APPROVED EQUAL

DUE MARCH 12, 2014 AT 4:30 PM

RFP ________________________________________________

Company/Bidder ________________________ Request # ______________________________

Page _______________________ Section _____________________ Line ___________________

Questions, Clarifications or Approved Equal Requests: _______________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

City of Fargo Response: _________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

31

BUY AMERICA CERTIFICATION

The bidder hereby certifies agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that

Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects

are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general

waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15

passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and

software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11.

Rolling stock must be assembled in the United States and have a 60 percent domestic content.

Certification requirement for procurement of buses, other rolling stock and associated equipment.

Certificate of Compliance with 49 U.S.C. 5323(j)(2)(C).

The bidder hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and the regulations

at 49 C.F.R. Part 661.11.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

Certificate of Non-Compliance with 49 U.S.C. 5323(j)(2)(C)

The bidder hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R.

661.11, but may qualify for an exception pursuant to 49 U.S.C. 5323(j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and

49 C.F.R. 661.7.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

32

CERTIFICATIONS AND RESTRICTIONS ON LOBBING

The undersigned Company/Contractor certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for

influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of

any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,

continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying

contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an

employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the

undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its

instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).

Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of

1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-

awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and

that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or

entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,

U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification

shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a

required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than

$100,000 for each such expenditure or failure.]

The Company/Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of

its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A

3801, et seq., apply to this certification and disclosure, if any.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

33

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 49 CFR Part 29, Executive Orders 12549, 12689, and 31 U.S.C.6101 (Contracts over $25,000)

Background and Applicability

In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published and update to 49

DFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and

Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108

Stat. 3327).

The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well

as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220 (b). This represents a change

from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These

are contracts and subcontracts referred to in the regulation as “covered transactions.”

Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity

(as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this

by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition

to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no

longer required. 49 CFR 29.300.

Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with

to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the

requirement flows down to subcontracts at all levels). Instructions for Certification; By signing and submitting this bid or

proposal, the prospective lower tier participant is providing the signed certification set out below.

Suspension and Debarment

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the

contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as

defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29,

Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or

proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the municipal corporation. If it is later

determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the

municipal corporation, the Federal Government may pursue available remedies, including but not limited to suspension and/or

debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, subpart C while this offer is valid and

throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision

requiring such compliance in its lower tier covered transactions.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

34

BUS TESTING CERTIFICATION

Bus Testing - The Company/Contractor agrees to comply with 49 U.S.C. 5323 and FTA's implementing regulation at 49

CFR Part 665 and shall perform the following:

1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall

provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient

which will be prior to the recipient's final acceptance of the first vehicle.

2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing

facility that the report is available to the public.

3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the

identical configuration and major components as the vehicle in the test report, which must be provided to the

recipient prior to recipient's final acceptance of the first vehicle. If the configuration or components are not

identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that

it is not a major change requiring additional testing.

4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the

United States before October 1, 1988, and is currently being produced without a major change in configuration or

components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details

of that vehicle's configuration and major components.

CERTIFICATION OF COMPLIANCE WITH FTA'S BUS TESTING REQUIREMENTS

The undersigned [Contractor/Manufacturer] certifies that the vehicle offered in this procurement complies with 49

U.S.C. 5323 and FTA's implementing regulation at 49 CFR Part 665.

The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial

assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation's regulation

on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or

debar a manufacturer under the procedures in 49 CFR Part 29.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

35

PRE-AWARD AND POST DELIVERY AUDITS REQUIREMENTS The Contractor agrees to comply with 49 U.S.C. § 5323(l) and FTA's implementing regulation at 49 C.F.R. Part 663 and to submit

the following certifications:

(1) Buy America Requirements: The Company/Contractor shall complete and submit a declaration certifying either compliance or

noncompliance with Buy America. If the Company/Contractor certifies compliance with Buy America, it shall submit

documentation which lists 1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer

of the parts, their country of origin and costs; and 2) the location of the final assembly point for the rolling stock, including a

description of the activities that will take place at the final assembly point and the cost of final assembly.

(2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the bid

specifications.

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit 1) manufacturer's FMVSS self-certification

sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the contracted

buses will not be subject to FMVSS regulations.

BUY AMERICA CERTIFICATE OF COMPLIANCE WITH FTA REQUIREMENTS

FOR BUSES, OTHER ROLLING STOCK, OR ASSOCIATED EQUIPMENT

(To be submitted with a bid or offer exceeding the small purchase threshold for Federal assistance programs, currently set at

$100,000.)

Certificate of Compliance

The Company/Contractor hereby certifies that it will comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C), Section

165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 C.F.R. 661.11:

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

Certificate of Non-Compliance

The Company/Contractor hereby certifies that it cannot comply with the requirements of 49 U.S.C. Section 5323(j)(2)(C) and

Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the

requirements consistent with 49 U.S.C. Sections 5323(j)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface

Transportation Assistance Act, as amended, and regulations in 49 C.F.R. 661.7.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

36

CLEAN WATER REQUIREMENTS

33 U.S.C. 1251

Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant

to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each

violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as

required to assure notification to FTA and the appropriate EPA Regional Office.

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the

Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et . The Contractor agrees to report each violation

to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to

assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in

whole or in part with Federal assistance provided by FTA.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

CLEAN AIR REQUIREMENTS

42 U.S.C. 7401 et seq

40 CFR 15.61

49 CFR Part 18

Clean Air - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to

the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the

Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure

notification to FTA and the appropriate EPA Regional Office.

- (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean

Air Act, as amended, 42 U.S.C. §§ 7401 . The Contractor agrees to report each violation to the Purchaser and

understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA

and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in

whole or in part with Federal assistance provided by FTA.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

37

PRE-AWARD FMVSS CERTIFICATION

The Contractor agrees to comply and FTA's regulation of FMVSS compliance, 49 C.F.R. Part 663.41, and to submit the

following self certification:

Certificate of Compliance

The Company/Contractor hereby certifies that the vehicle to be purchased complies with relevant Federal Motor

Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in part 571 of this title.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

Certificate of Non-Compliance

The Company/Contractor hereby cannot certify that the vehicle to be purchased complies with relevant Federal Motor

Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in part 571 of this title.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date

38

TRANSIT VEHICLE MANUFACTURERS (TVM)

Pursuant to the provisions of section 105(f) of the Surface Transportation Assistance Act of 1982, each bidder for this

contract must certify that it has complied with the requirements of 49 CFR Part 26.49, regarding the participation of

Disadvantaged Business Enterprises (DBE) in FTA assisted procurements of transit vehicles. Absent this certification,

properly completed and signed, a bid shall be deemed non-responsive.

Certification:

I hereby certify, for the bidder below, that it has complied with the provisions of 49 CFR Part 26.49 and that I am duly

authorized by said bidder to make this certification.

______________________________________ Company/Contractor

______________________________________ Signature of Company/Contractor’s Authorized Official

______________________________________ Printed Name

______________________________________ Title of Company/Contractor's Authorized Official

__________________________ Date