ifb terms (diagnostic scan tool) - revised...

HARBOR TRANSIT MULTI-MODAL

TRANSPORTATION SYSTEM

INVITATION FOR BIDSLPG TANK AND

DISPENSING SYSTEM

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HARBOR TRANSIT MULTI-MODAL TRANSPORTATION SYSTEM

TERMS AND CONDITIONS

1. GENERAL

(a) Harbor Transit is accepting bids for the acquisition of a LPG TANK AND DISPENSING SYSTEM for HARBOR TRANSIT. Bids are requested from qualified contractors who will be required to provide all equipment, shipping and any other related items necessary to acquire the items listed in the attached specifications. The successful contractor may be required to attend meetings with HARBOR TRANSIT officials as necessary to ensure timely and effective implementation of the project.

(b) Bids are requested for the commodities or services specified hereunder to be furnished during the period as noted on the “Bid Form”. The successful contractor will be required to furnish all such materials as may be ordered during the contract period. Upon acceptance of a bid approved by the HARBOR TRANSIT’s Board of Directors, orders for delivery, installation and training will be issued directly to the contractor by HARBOR TRANSIT.

(c) In order of precedence, a contract resulting from this Invitation For Bids (“IFB”) will consist of published addenda modifying the IFB, the contents of this IFB, the contractor’s response to the IFB requirements, and federal, state and local required documents. In case of disagreement, the IFB as modified by the published addenda will rule. HARBOR TRANSIT shall not be bound by any part(s) of the contractor’s response to the IFB which contains information, options, conditions, terms, or prices not requested nor required in this IFB.

(d) The failure of HARBOR TRANSIT to insist upon strict adherence to any term of a contract resulting from this IFB shall not be considered a waiver or deprive HARBOR TRANSIT of the right thereafter to insist upon strict adherence to that term or any other term of the contract.

(e) Any contract resulting from this IFB, may not be modified, amended, extended, or augmented except in writing and executed by the parties hereto, and any breach or default by a party shall not be waived or released other than in writing signed by the other party.

(f) This project is under the auspices of HARBOR TRANSIT. Prospective vendors will be required to meet all associated requirements in Federal Transit Administration and Michigan contracts, or any other applicable federal, state or local regulations. A resulting

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contract shall in all respects be governed by, and construed in accordance with, the laws of the State of Michigan and the Federal Transit Administration.

(g) HARBOR TRANSIT reserves the right to reject any and all proposals for sound, documentable reasons at any time prior to HARBOR TRANSIT’s acceptance of a bid approved by the HARBOR TRANSIT’s Board of Directors. HARBOR TRANSIT reserves the right to waive any irregularities or non-conformities in any proposal. HARBOR TRANSIT reserves the right to negotiate the terms of a contract with the successful contractor. In and at such time as the HARBOR TRANSIT’s Board of Directors approves a bid, the IFB as modified by published addenda, the contractor’s response to the IFB requirements, and federal, state and local required documents shall represent the entire agreement between the parties unless the terms of a further negotiated contract results.

2. PAYMENT

(a) The LPG Tank and Dispensing System will be purchased as a fixed fee contract. The fee is payable at acceptance of the LPG Tank and Dispensing System by HARBOR TRANSIT.

3. PROJECT SCHEDULE

(a) The LPG Tank and Dispensing System shall be delivered, within 30 days after the successful contractor receives a Notice to Proceed.

4. PROJECT STAFF

(a) Project Staff will consist of Anthony Dionise, Operations Manager. Mr. Dionise will assume the responsibility of project director and will act as the liaison between the contractor and HARBOR TRANSIT and, as such, will monitor performance and direction.

(b) The project staff will evaluate the bids and recommend the acceptance of one bid or the rejection of all bids to Tom Manderscheid, Transportation Director. The Transportation Director will make a recommendation for the bid award or rejection of all bids to the HARBOR TRANSIT Board of Directors. The agreement between the HARBOR TRANSIT and the successful contractor requires HARBOR TRANSIT Board of Directors approval prior to the final award.

5. CONTRACT TERM

(a) The contract will commence upon HARBOR TRANSIT’s award of the contract and shall terminate upon HARBOR TRANSIT’s final acceptance of the LPG Tank and Dispensing System except that the contractor’s obligations concerning indemnity and any and all warranties shall remain in effect after contract termination.

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6. ISSUING OFFICE

(a) This IFB is issued by HARBOR TRANSIT, organized as a public authority under PA of 1986.

(b) HARBOR TRANSIT is the sole point of contact with regard to all procurement and contractual matters relating to the commodities and/or services described herein. HARBOR TRANSIT is the only department authorized to change, modify, amend, alter, and clarify, etc., the specification, terms and conditions of this IFB and any contract awarded as a result of this request. HARBOR TRANSIT will remain the SOLE POINT OF CONTACT throughout the procurement process. All communications covering this procurement must be addressed to:

Anthony Dionise, Operations ManagerHarbor Transit440 North Ferry StreetGrand Haven, MI 49417-1124Telephone: (616)842-3220 x-6FAX: (616)847-3477EMAIL: [email protected]

7. CONTRACT ADMINISTRATOR

(a) Upon receipt of the properly executed contract(s), HARBOR TRANSIT will be authorized to administer the contract on a day-to-day basis during the term of this contract.

8. SELECTION CRITERIA

(a) HARBOR TRANSIT will award to the lowest bid that meets the specifications, terms and conditions of the IFB, and is submitted by a responsive and responsible bidder.

(b) HARBOR TRANSIT may conduct any such investigations as necessary to determine bidder responsibleness.

(c) Responsible bidders must have the ability to comply with all of the FTA and state requirements including, but not limited to Buy America requirements, energy conservation requirements, FTA regulations, policies, procedures, and directives, recycled products requirements, the Davis-Bacon Act, Contract Work Hours and Safety Standards Act, Copeland Anti-Kickback Act, disadvantage business enterprise requirements, civil rights requirements, the Environmental Protection Act, and the access requirements mandated by the Americans with Disabilities Act.

(d) Following these investigations a recommendation will be made by the HARBOR TRANSIT administration to the HARBOR TRANSIT Board of Directors for a bid

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mailto:[email protected]

award, but only after and based upon HARBOR TRANSIT’s evaluation indicating that such contract bid award will be in the best interest of HARBOR TRANSIT. If the bid is to be awarded, HARBOR TRANSIT will give the successful contractor a Notice to Proceed.

9. INCURRING COST

(a) HARBOR TRANSIT is not liable for any cost incurred by the contractor prior to signing of a contract. The liability of HARBOR TRANSIT is limited to terms and conditions of this IFB and any resulting contract. In no instance shall HARBOR TRANSIT be liable for consequential damages or any loss of any business opportunities.

10. QUOTATIONS

(a) To be considered, each contractor must submit a response to this IFB using the format provided. No other distribution of bids is to be made by the contractor. THE IFB DOCUMENTS SENT WITH THIS PACKET MUST BE SIGNED IN INK BY AN OFFICIAL OF THE BIDDING ORGANIZATION authorized to bind the contractor to the provisions of the IFB. THE COMPLETED IFB BID FORM MUST BE RETURNED WITH THE BID SUBMISSION. The bid must remain valid for a period of at least ninety (90) days from the submission due date.

11. CONTRACTOR RESPONSIBILITIES

(a) The contractor will be required to assume responsibility for all contractual activities offered in the IFB, whether or not the contractor performs them. Further, HARBOR TRANSIT will consider the contractor to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the anticipated contract. If any part of the work is to be subcontracted, responses to this IFB must include a list of subcontractors, including firm name and address, contact person and complete description of work to be subcontracted. HARBOR TRANSIT reserves the right to approve subcontractors and to require the contractor to replace subcontractors found to be unacceptable. The contractor is totally responsible for adherence by the subcontractor to all provisions of the contract. Any change in subcontractors must be approved by HARBOR TRANSIT, in writing, prior to such change.

12. SPECIFICATIONS

(a) Definite Specifications - All commodities and services to be furnished hereunder shall conform to the specifications as noted in the IFB and/or copies of specifications attached.

(b) All equipment must be new and of the manufacturer’s current models in production at the time of order. All standard or optional equipment to be included shall be as advertised by the manufacturer (OEM) and factory installed and shall not consist of substitute or after market equipment. Equipment not available from the factory may be

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dealer installed. However, in no event shall any equipment, attachment or part be installed contrary to the manufacturer’s recommendations or standard industry practices.

13. RECYCLED MATERIALS

(a) Contractors are encouraged to offer bids for products containing recovered materials suitable for the intended use. By doing so, the contractor warrants the product(s) as at least functionally equivalent to the bid specifications. “Recovered material” is defined as post-consumer waste (any product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purpose of collections, recycling, and disposition) and secondary waste (industrial by-products as in wastes generated after completion of a manufacturing process that would normally be reused). All contractors are requested to attach a statement which indicates the items which contain recycled materials and the percentage of recycled materials, if any, contained in each item.

(b) The contractor, in performance of the contract, agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. § 6962, including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

14. PRICE

(a) Prices quoted shall be the maximum to be charged during the contract period; HARBOR TRANSIT shall receive the benefit of any decrease in price that may occur. All bid prices are to be F.O.B. destination. (Freight charges must be included in pricing provided and not separated out as a separate item.)

(b) If changes in federal regulations raise the cost of equipment required under any contract resulting from this IFB, during the contract period, contractors may submit a written request for a price adjustment to reflect the actual cost increases experienced. The request shall be accompanied by evidence that the change actually affected the contractor’s cost. Changes must be approved in writing by Harbor Transit.

(c) Any price revision shall take effect 30 days after authorizations of the revision by HARBOR TRANSIT. HARBOR TRANSIT may delay implementing a price revision if additional supportive documentation is required. If proposed prices are not acceptable to either party, the existing contract prices shall remain in effect, or the contract may be cancelled. The contractor remains responsible for performing according to the contract terms at the contract price for all orders received before price revisions are approved or before the contract is cancelled.

(d) The postmark date on the Contract Release will determine price to be charged on orders (requesting a single shipment) which may already be in transit to the

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contractor prior to the new price implementation date. Orders issued by agencies requesting multiple deliveries, over a specified period of time which any overlap two price periods, shall reflect the current price at the time of delivery.

15. DELIVERY

(a) Exact delivery, installation and training due dates will be determined by delivery schedule, inspection schedule, and order date.

(b) Final inspection will be made at HARBOR TRANSIT office, located at 440 North Ferry Street, Grand Haven, Michigan. The bidder may subcontract with a Michigan firm capable of handling final inspection, corrections, and warranty follow-up.

(c) The equipment shall be delivered and training completed within 30 days of the contract being signed by both parties. Delivery time will be agreed upon between the bidder and HARBOR TRANSIT.

16. INSPECTIONS

(a) The contractor must provide the agency and its authorized representatives safe access to the work at all times. The selected firm must provide the agency and its authorized representatives with the information and assistance necessary for them to make complete and detailed inspections. The selected firm is not entitled to a time extension or compensation for reasonable delays, inconvenience, or any other cause attributed to the agency’s reasonable inspection of the work.

(b) The contractor will not be responsible for any expense or transportation for HARBOR TRANSIT personnel involved in any meetings or inspections.

(c) HARBOR TRANSIT shall have the right to inspect the equipment upon delivery. HARBOR TRANSIT’s inspection shall not be deemed a waiver by HARBOR TRANSIT of any right later to reject, revoke acceptance or recover damages for goods accepted which are not, in fact, free from patent or latent defects.

(d) Title and risk of loss shall not pass from the contractor to HARBOR TRANSIT until the equipment has been received and accepted by HARBOR TRANSIT. Mere acknowledgment by HARBOR TRANSIT personnel of delivery or receipt of the equipment shall not be deemed or construed as acceptance of the equipment. The contractor bears the risk of loss of the equipment until inspected and accepted. If acceptance of the equipment is properly revoked, the contractor bears the risk of loss thereafter.

(e) The contractor shall reimburse HARBOR TRANSIT for any and all reasonable expenses incurred in the inspection or handling of rightfully accepted goods or goods whose acceptance has been justifiably revoked. The contractor shall also be responsible for HARBOR TRANSIT’s costs, if any, of purchasing goods in substitution of those due from the Contractor.

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(f) The contractor shall be responsible for any and all consequential damages incurred by HARBOR TRANSIT from the contractor’s breach. These include, without limitation, any loss resulting from the general or particular needs of HARBOR TRANSIT at the time of contracting and any injury to a person or property including those which may arise from a breach of warranty by the contractor or the manufacturer.

17. DISCLOSURE

(a) The Michigan Freedom of Information Act (FOIA), as amended, MCL 15.231 et seq., provides for complete disclosure of contracts and attachments hereto. As such, all information submitted by the contractor is subject to possible disclosure. Nothing in this section shall preclude HARBOR TRANSIT from disclosing information marked proprietary if HARBOR TRANSIT is legally bound to do so.

18. SEALED BID RECEIPT

(a) Bids must be received at the Grand Haven City Clerk’s Office, 519 Washington Street, Grand Haven, MI 49417 by 10:00 a.m. on July 9th, 2014 , at which time the bids will be publicly opened and read aloud in the City Hall Council Chambers.

(b) All bids must be clearly marked as HARBOR TRANSIT, LPG Tank and Dispenser Bid on the outside of the sealed envelope.

(c) Questions, comments or requests for exceptions must be submitted in writing to Anthony Dionise, Operations Manager 440 North Ferry Street, Grand Haven, MI 49417, telephone (616)842-3220, FAX (616)847-3477, Email: [email protected] within 10 days of the IFB posting date. HARBOR TRANSIT will respond in seven (7) days after the request is received. Questions and answers will be posted on the Harbor Transit Web Site for all bidders to review.

(d) Failure to identify the sealed bid according to the instructions on the “Sealed Bid” cover page may result in an automatic disqualification from consideration unless no other qualified bids are received.

19. ACCOUNTING RECORDS

(a) The contractor and all subcontractors shall maintain all pertinent financial and accounting records and evidence pertaining to the contract in accordance with generally accepted principles of accounting and other procedures specified by the State of Michigan. Financial and accounting records shall be made available, upon request, to HARBOR TRANSIT, their designees, Federal Transit Administration or the State of Michigan at any time during the contract period and any extension thereof, for three years from expiration date and final payment on the contract or extension thereof.

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20. TAXES

(a) HARBOR TRANSIT is exempt from federal excise tax, state or local sales tax. Bid prices shall not include such taxes. Exemption certificates for federal excise tax will be furnished upon request.

21. TERMINATION

TERMINATION OF A CONTRACT resulting from the IFB by HARBOR TRANSIT may be for (a) default of the contractor, or (b) when it is in HARBOR TRANSIT’s best interest. Default is defined as the failure of the contractor to fulfill the obligations of the quotation, contract, or purchase order. In case of default by the contractor, HARBOR TRANSIT may immediately terminate the contract or purchase order and procure the articles or services from other sources, and hold the contractor responsible for any excess costs occasioned thereby. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by HARBOR TRANSIT that the contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the contractor, HARBOR TRANSIT, after setting up a new delivery or performance schedule, may allow the contractor to continue work, or treat the termination as a termination for convenience.

HARBOR TRANSIT may terminate the contract or purchase order, in whole or in part, at any time by written notice to the contractor when it is in HARBOR TRANSIT’s best interest. The contractor shall be paid its costs, including contract close-out costs, and profit (on a pro rata basis) on work performed up to the time of termination. The contractor shall promptly submit its termination claim to HARBOR TRANSIT to be paid the contractor. If the contractor has any property in its possession belonging to HARBOR TRANSIT, the contractor will account for the same, and dispose of it in the manner HARBOR TRANSIT directs. HARBOR TRANSIT may terminate the contract or purchase order, without further liability, by giving the contractor written notice of such cancellation thirty (30) days prior to the date of cancellation.

22. INVOICING

(a) The contractor shall submit two (2) copies of invoices to HARBOR TRANSIT, 519 Washington Street, Grand Haven, MI 49417.

23. COMPLIANCE OF SPECIFICATIONS

(a) If equipment does not fully comply with specifications, the contract shall include a list of designated exceptions to specifications. When no statement of exception is

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indicated, conformance to specifications will be required. Exceptions are registered with item number(s) to which it applies and list the description of equipment involved.

24. NONDISCRIMINATION CLAUSE

(a) In the performance of any contract or purchase order resulting herefrom, the bidder agrees not to discriminate against any employee or applicant for employment, with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of race, color, religion, national origin, ancestry, age, height, weight, marital status, physical or mental handicap or disability. The bidder further agrees that every subcontract entered into for the performance of any contract resulting herefrom will contain a provision requiring nondiscrimination in employment, as herein specified, binding upon each subcontractor. This covenant is required pursuant to the Michigan Persons with Disabilities Civil Rights Act, as amended, MCL 37.1101 et seq., and the Michigan Elliott-Larsen Civil Rights Act, as amended, MCL 37.2101 et seq., and any breach thereof may be regarded as a material breach of the contract or purchase order.

(b) 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 bidder agrees that, in the performance of any contract or purchase order resulting herefrom, 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 bidder agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

25. EQUAL OPPORTUNITY EMPLOYER - The following equal employment opportunity requirements apply to any contract resulting herefrom:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the successful contractor, in the performance of any contract or purchase order resulting from this bid process, agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising,

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layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 623 and Federal transit law at 49 U.S.C. § 5332, the bidder agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the bidder 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.

The bidder 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.

26. ASSIGNMENT

(a) The contractor is prohibited from assigning, transferring, conveying, subletting, or otherwise disposing of any contract resulting from the IFB of its rights, title, or interest therein or its power to execute such agreement to any other person, company, corporation, or entity without the previous written approval of HARBOR TRANSIT. While HARBOR TRANSIT may approve payment to be assigned to another party or may approve the issuance of two-party checks, HARBOR TRANSIT assumes no liability for payment other than to the contractor.

27. AGENCY LISTING

a. The following is the listing of HARBOR TRANSIT ship to, bill to, and title to information.

SHIP TO: Harbor Transit440 North Ferry StreetGrand Haven, Michigan 49417-1124

BILL TO: Harbor Transit519 Washington StreetGrand Haven, Michigan 49417

TITLE TO: Harbor Transit Multi--Modal Transportation System440 North Ferry StreetGrand Haven, Michigan 49417-1124

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28. PRE-DELIVERY SERVICE AND CONDITIONS

(a) Prior to delivery, equipment shall be serviced and inspected by the dealer or his agent. At a minimum, this pre-delivery service and inspection shall cover the specifications listed. A copy of the contractor’s inspection and service check, including the contractor’s and equipment identification, check of service and inspection performed and the service manager’s signature shall be furnished with the equipment delivered. The equipment shall be clean and free from defects when delivered.

(b) HARBOR TRANSIT will make an inspection on receipt of the equipment. Payment documents will be delayed if the equipment fails to comply with specification requirements. Therefore, we wish to impress on contract dealers that a pre-delivery inspection be completed in accordance with specifications.

29. OWNERSHIP OF DOCUMENTS

(a) HARBOR TRANSIT will retain ownership of all documents prepared, secured and developed through the completion of the work. The contractor will be required to transfer to HARBOR TRANSIT all project documents, including digital and electronic files. The contractor agrees that all work to be created as part of a contribution to a collective work, or as part of an audiovisual work, or as a translation, or as a compilation, shall be considered a “work made for hire” in accordance with the provisions of the United State Copyright Act of 1976 as amended. Even if such work is not within the meaning of the term “work made for hire” as defined by the Copyright Act of 1976 as amended, the contractor additionally agrees to assign to the HARBOR TRANSIT all copyrights and other intellectual property rights throughout the world in and to such work, including all derivative works and adaptations and all other works prepared by the contractor for HARBOR TRANSIT.30. MANUFACTURER’S REBATE (INCENTIVES)

(a) In any circumstance during or prior to completion of a contract resulting from this IFB, whereupon HARBOR TRANSIT (customer) becomes eligible to receive a rebate for any equipment purchased under the contract, it shall be the prime contractor’s responsibility to inform HARBOR TRANSIT, in writing, of its qualification for such rebate and to advise the procedures for obtaining such rebates.

31. RESPONSIBILITY AND INSURANCE

(a) The contractor shall be responsible for the actions and failure to act of all parties retained by, through, or under the contractor in connection with the performance of work. The contractor shall also maintain and cause its subcontractors to maintain such General Liability, Property Damage, Employer’s Liability, Workers’ Compensation, Professional Errors and Omissions, and Motor Vehicle Liability (Personal Injury and Property Damage) Insurance in such amounts as will protect the contractor (and its subcontractors) and HARBOR TRANSIT from said risks. The contractor shall provide

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HARBOR TRANSIT with certificates evidencing required insurance upon HARBOR TRANSIT’s request.

32. INDEMNIFICATION

(a) The contractor agrees to hold HARBOR TRANSIT, including its officers and employees, harmless from, indemnify them for, and defend them against any and all liability, claims, damages, expenses, cause of actions, suits, judgments, awards, or other requirements to pay any funds as a result of injury (including death) to any person or damage to any property arising out of contractor’s performance of this agreement. If any claim is asserted or any action brought to recover any such amounts, HARBOR TRANSIT shall promptly give notice, in writing, to the contractor and cooperate in every way in the investigation and defense of any such claim or action. Nothing in this paragraph shall be deemed to waive any statutory or common law immunity of HARBOR TRANSIT pursuant to the laws of the State of Michigan or the United States of America.

33. WARRANTY AND WARRANTY REPAIR WORK

(a) The successful contractor will be responsible for all materials and accessories used in the equipment, whether the same is ready made or from an outside source; and this responsibility may not be transferred, conveyed, assigned to any other person, company, corporation or entity without the previous written approval of HARBOR TRANSIT. Full warranty shall be defined as the manufacturer’s standard warranty from the date the equipment is put into service and shall otherwise be equal to or exceed that offered to the general public. All warranties shall become effective on the date the equipment is placed into service based upon agency notice to contractor.

(b) Extension of warranty and/or other policy adjustments will be considered when constant maintenance is required or if replacement parts prove unsound. HARBOR TRANSIT shall expect the manufacturer to have an adequate stock of replacement parts available to service the equipment and to make delivery of all replacement parts to their dealers who may service the equipment, within a reasonable time, and for a period no less than five (5) years from delivery date. The prime contractor will be required to contact HARBOR TRANSIT within ten (10) days after receipt of contract, to arrange procedures concerning the implementation of warranty claims and to designate personnel to handle claims. HARBOR TRANSIT further expects that warranty service and repairs, as well as non warranty service and repairs, will be handled without prejudice.

34. INFRINGEMENT

(a) The contractor warrants that all work, materials, services, equipment, parts and other items provided by the contractor pursuant to the IFB, which are not of HARBOR TRANSIT’s design, shall be free from claims of infringement (including misappropriation) of third party intellectual property rights and that any use or sale of such items by HARBOR TRANSIT shall be free from any claims of infringement. The contractor may replace or modify infringing items with comparable items acceptable to HARBOR TRANSIT of

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substantially the same form, fit and function so as to remove the source of infringement. If the use or sale of any of the above items is enjoined as a result of claims, suits, or actions alleging infringement, the contractor, at no expense to the HARBOR TRANSIT, shall obtain for HARBOR TRANSIT and its customers the right to use and sell said items.

35. WARRANTY PERFORMANCE STANDARDS

(a) Principle Period of Maintenance (PPM) will be the same hours as the HARBOR TRANSIT working hours.

(b) The PPM hours may be changed upon thirty (30) days written notice by mutual agreement, except the contractor shall make every reasonable effort to change his schedule in a shorter period of time.

(c) The contractor will proceed expeditiously to complete the repair of any defect or failure reported by HARBOR TRANSIT in the shortest practicable time except that it shall not exceed two (2) HARBOR TRANSIT working days following notice of defect unless agency and contractor mutually agree on alternate repair arrangements. Such alternate arrangements shall be made within two (2) HARBOR TRANSIT working days of the defect notice. If the contractor fails to repair the equipment within (2) two HARBOR TRANSIT working days, HARBOR TRANSIT shall have as its option the right to obtain the required repair from other sources, or to complete the work itself and hold the contractor liable for any cost incurred. HARBOR TRANSIT as its option for amounts due may deduct such from any money payable to the contractor or may bill the contractor as a separate item.

(d) If the contractor fails to remit amounts due, these claims shall be subject to the standard collection claim procedures. In addition, failure to remit amounts due may be considered cause for a contractor to be considered in default.

36. NEWS RELEASES

(a) News releases pertaining to this IFB or project to which it relates shall not be made without prior written HARBOR TRANSIT approval, and then only in accordance with the explicit written instructions from HARBOR TRANSIT. No results of the activities associated with IFB are to be released without prior written approval of HARBOR TRANSIT and then only to persons designated.

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Propane Autogas SystemSpecification

Dispenser Assembly

1.0 Dispenser Cabinet

1.1 Dispenser shall be constructed of heavy grade steel phosphate pretreated and coated with 7mils of DuPont powder coat or approved equal

1.2 Cabinet shall have lockable access panels to prevent unauthorized access

1.3 The base classified area shall be separated from the non classified area (above 48”) by a permanent seal welded bulkhead

2.0 Dispenser Metering

2.1 Dispenser shall have a digital display capable of providing gross and net volumes

2.2 Unit shall be temperature compensated using 2 wire thermometer probe inserted into a thermometer well

2.3 Meter shall be provided with secondary temperature thermometer well for testing and proving the dispenser

2.4 The system shall have a metering system with a minimum capacity of 2 GPM and a maximum capacity of 18 GPM (GPM=gallons per minute)

2.5 The meter shall be equipped with a Hall Effect pulse transmitter providing 100 PPG (Pulse’s gallon) when electronic dispensing systems are used. Mechanical temperature compensation without pulse out is acceptable.

2.6 Where auto fuel is dispensed not for sale non temperature compensated meters may be used

2.7 Meter accuracy shall be in accordance with federal and local requirement with minimum accuracy as listed below

2.7.1 Linearity ±0.05% (.005)

2.7.2 Repeatability ±0.02% (.002)

2.8 Dispenser meter shall be proved prior to shipment which meets state weights & measure standards

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3.0 Display

3.1 Dispenser shall indicate gallon dispensed with electronic register

3.2 Dispenser with an electronic digital display shall have the following

3.2.1 System shall have an alpha numeric key pad for ease of entering data

3.2.2 Display to be Mid Com, Veeder Root or ‐ ‐ approved equal

3.2.3 Display shall show net and gross gallons

3.2.4 Display shall Show Temperature

4.0 Electrical

4.1 Dispenser shall be capable of starting up to a 5HP motor

4.2 Will operate on a 240 volt, single phase, 30 amp circuit

4.3 Electrical within the cabinet where required shall be Class 1 Group D Div 1 OR 2 where required and be provided with all required seal off

5.0 Piping

5.1 All piping within the cabinet shall be A53 Grade B or better schedule 80 seamless

5.2 All Fitting shall be forged steel 2000 PSI rated.

5.3 All Valves shall be 600 PSI WOG rated

5.4 Internal valves, excess flow valves, and backflow check valves shall be installed in appropriate locations in accordance with federal state and local codes and regulations.

6.0 Hose Assembly

6.1 UL and CGA Propane delivery hose 350 PSI W.P. 525 PSI Test pressure & 1750 Burst Pressure, minimum 12 feet overall length (maximum 18” per NFPA code)

6.2 Hose assembly shall have a Rego A2141 A 6L or equal hose breakaway fitting with a maximum disconnection force of 60 LBS

6.3 Painted surface of dispenser shall be protected from damage from the breakaway system with and aluminum 12” X 14” wear plate

6.4 GG 20 low emission GASGUARD Fueling Nozzle or approved equal

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Pump Assembly

1.0 Pump

1.1 Dispenser provider shall evaluate the filling requirements and provide the appropriate pump to meet these requirements. Vender shall provide as a minimum pump curves showing flow, differential pressure and horse power required to meet the systems needs

2.0 Pumping System

2.1 Pump system (motor, pump, bypass, piping, system sizing, and electrical) must be able to provide 125 PSI differential pressure.

2.2 Dispensing rate shall be minimum 8 to maximum 12 gallons per minute (GPM)

2.2 Pump inlet and outlet shall have isolation full port ball valves

2.3 Pump inlet strainer shall be 10 pipe diameters from the inlet and have a minimum of 80 mesh

2.4 Pump motor shall be a minimum of 3hp single phase 60 hertz 240 volt Explosion proof Class 1 Group D Div 2

Tank Assembly

1.0 Tank

1.1 The tank shall be a new 1000 gallon capacity and equipped as follows

2.0 Tank Fittings

2.1 ¾” top opening with a Chek Lok or ‐ approved equal for liquid withdrawal

2.2 1 ¼” top opening with Rego 8685 GT Relief Valve or equal set at 250 PSIG rated for 4385 SCFM Air Flow Capacity required by ASME Code

2.3 1” top opening for Rochester Magnetic Liquid Level gauge or approved equal

2.4 ¾” top opening for Rego Multivalve or approved equal

2.5 1 ¼” top opening for Rego 7579T or equal double check filler valve

2.6 ¾ bottom opening for meter vapor eliminator connection with ¾” excess flow valve

2.7 ¾” full port ball valve 600 PSI WOG

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2.8 ¾ bottom opening for connection to pump bypass with ¾” check valve

2.9 ¾” full port ball valve 600 PSI WOG

2.9.1 1 ¼” bottom opening for connection to pump inlet with 1 ¼” Rego or equal quick acting internal valve with manual latch assembly. Pneumatic control system using Rego or approved equal pneumatic operator. Valves are equipped with fusible like auto shutoff at not to exceed 250°F melting point

3.0 Tank Paint

3.1 Tank to be powder coated white to a thickness of a minimum of 5 mils

Tank Support Assembly

1.0 Skid

1.1 Tank shall be supported on a common skid constructed with minimum 4” channels and provide a minimum of 18” above grade

1.2 Structure shall be powder coated to a minimum of 7 mils

Fuel Management Systems

2.0 Fuel Management system with wireless capabilities will be required

2.1 Dispenser shall be capable of connection to a Vehicle fuel management system

2.1.1 Fuel management system shall be capable of tracking the fuel use by up to 50 vehicles and have a minimum of 4 user programmable field such as

2.1.1.1 Vehicle Number

2.1.1.2 Driver Id

2.1.1.3 Mileage

2.1.1.4 Gallons pumped

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MATERIALS AND SUPPLIESLESS THAN $100,000

Page 1 of 9INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMSThe preceding provisions include, in part, certain Standard Terms and Conditions required byU.S. DOT, whether or not expressly set forth in the preceding contract provisions. Allcontractual provisions required by U.S. DOT, as set forth in the Federal Transit Administration(FTA) Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary hereinnotwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflictwith other provisions contained in this Agreement. The {_____________________}, hereafterreferenced as “CONTRACTOR” shall not perform any act, fail to perform any act, or refuse tocomply with any {_______________________}, hereafter referenced as “AGENCY,” requestswhich would cause AGENCY to be in violation of the FTA terms and conditions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

No Obligation by the Federal Government.(1) The AGENCY and CONTRACTOR acknowledge and agree that, notwithstanding anyconcurrence by the Federal Government in or approval of the solicitation or award of theunderlying contract, absent the express written consent by the Federal Government, the FederalGovernment is not a party to this contract and shall not be subject to any obligations or liabilitiesto the AGENCY, CONTRACTOR, or any other party (whether or not a party to that contract)pertaining to any matter resulting from the underlying contract. (2) The CONTRACTOR agreesto include the above clause in each subcontract financed in whole or in part with Federalassistance provided by FTA. It is further agreed that the clause shall not be modified, except toidentify the subcontractor who will be subject to its provisions.

FALSE OR FRAUDULENT STATEMENTS OR CLAIMSThe CONTRACTOR acknowledges and agrees that:(1) Civil Fraud. 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 the CONTRACTOR’s activities in connection with the Project. By executing the GrantAgreement or Cooperative Agreement for the Project, the CONTRACTOR certifies or affirms thetruthfulness and accuracy of each statement it has made, it makes, or it may make inconnection with the Project. In addition to other penalties that may apply, the CONTRACTORalso acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission,certification, assurance, or representation to the Federal Government, the Federal Governmentreserves the right to impose on the CONTRACTOR the penalties of the Program Fraud CivilRemedies Act of 1986, as amended, to the extent the Federal Government deems appropriate.(2) Criminal Fraud. If the CONTRACTOR makes a false, fictitious, or fraudulent claim,statement, submission, certification, assurance, or representation to the Federal Government orincludes a false, fictitious, or fraudulent statement or representation in any agreement with theFederal Government in connection with a Project authorized under 49 U.S.C. chapter 53 or anyother Federal law, the Federal Government reserves the right to impose on the CONTRACTORthe penalties of 49 U.S.C. § 5323(l), 18 U.S.C. § 1001, or other applicable Federal law to theextent the Federal Government deems appropriate.

ACCESS TO THIRD PARTY CONTRACT RECORDSThe AGENCY agrees to require, and assures that its CONTRACTOR require, their third party

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contractors and third party subcontractors at each tier to provide to the U.S. Secretary ofTransportation and the Comptroller General of the United States or their duly authorizedrepresentatives, access to all third party contract records as required by 49 U.S.C. § 5325(g).The CONTRACTOR further agrees to require, and assures that its subcontractors require, theirMDOT 3164 (02/14) Page 2 of 9third party contractors and third party subcontractors, at each tier, to provide sufficient access tothird party procurement records as needed for compliance with Federal laws and regulations orto assure proper Project management as determined by FTA.

CHANGES TO FEDERAL REQUIREMENTSThe 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 theMaster Agreement between AGENCY and FTA, as they may be amended or promulgated fromtime to time during the term of this contract. The CONTRACTOR's failure to so comply shallconstitute a material breach of this contract in compliance with 49 CFR Part 18.

TERMINATION ( For projects over $10,000 ) a. Termination for Convenience (General Provision) The AGENCY may terminate thiscontract, in whole or in part, at any time by written notice to the CONTRACTOR when it is in theGovernment's best interest in compliance with 49 U.S.C. Part 18/FTA Circular 4220.1F. TheCONTRACTOR shall be paid its costs, including contract close-out costs, and profit on workperformed up to the time of termination. The CONTRACTOR shall promptly submit itstermination claim to AGENCY to be paid. If the CONTRACTOR has any property in itspossession belonging to the AGENCY, the CONTRACTOR will account for the same, anddispose of it in the manner the AGENCY directs.b. Termination for Default [Breach or Cause] (General Provision) If the CONTRACTORdoes not deliver supplies in accordance with the contract delivery schedule, or, if the contract isfor services, the CONTRACTOR fails to perform in the manner called for in the contract, or if theCONTRACTOR fails to comply with any other provisions of the contract, the AGENCY mayterminate this contract for default. Termination shall be effected by serving a notice oftermination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is indefault. The CONTRACTOR will only be paid the contract price for supplies delivered andaccepted, or services performed in accordance with the manner of performance set forth in thecontract. If it is later determined by the AGENCY that the CONTRACTOR had an excusablereason for not performing, such as a strike, fire, or flood, events which are not the fault of or arebeyond the control of the CONTRACTOR, the AGENCY, after setting up a new delivery ofperformance schedule, may allow the CONTRACTOR to continue work, or treat the terminationas a termination for convenience.c. Opportunity to Cure (General Provision) The AGENCY in its sole discretion may, in thecase of a termination for breach or default, allow the CONTRACTOR ten (10) days in whichto cure the defect. In such case, the notice of termination will state the time period in whichcure is permitted and other appropriate conditions.If CONTRACTOR fails to remedy to AGENCY's satisfaction the breach or default of any of theterms, covenants, or conditions of this Contract within ten (10) days after receipt byCONTRACTOR of written notice from AGENCY setting forth the nature of said breach ordefault, AGENCY shall have the right to terminate the Contract without any further obligation toCONTRACTOR. Any such termination for default shall not in any way operate to precludeAGENCY from also pursuing all available remedies against CONTRACTOR and its sureties forsaid breach or default.d. Waiver of Remedies for any Breach In the event that AGENCY elects to waive its remediesfor any breach by CONTRACTOR of any covenant, term or condition of this Contract, such

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waiver by AGENCY shall not limit AGENCY 's remedies for any succeeding breach of that or ofany other term, covenant, or condition of this Contract.e. Termination for Convenience (Professional or Transit Service Contracts) The AGENCY,by written notice, may terminate this contract, in whole or in part, when it is in the Government'sinterest. If this contract is terminated, the AGENCY shall be liable only for payment under theMDOT 3164 (02/14) Page 3 of 9payment provisions of this contract for services rendered before the effective date oftermination.f. Termination for Default (Supplies and Service) If the CONTRACTOR fails to deliversupplies or to perform the services within the time specified in this contract or any extension or ifthe CONTRACTOR fails to comply with any other provisions of this contract, the AGENCY mayterminate this contract for default. The AGENCY shall terminate by delivering to theCONTRACTOR a Notice of Termination specifying the nature of the default. TheCONTRACTOR will only be paid the contract price for supplies delivered and accepted, orservices performed in accordance with the manner or performance set forth in this contract. If,after termination for failure to fulfill contract obligations, it is determined that the CONTRACTORwas not in default, the rights and obligations of the parties shall be the same as if thetermination had been issued for the convenience of the CONTRACTOR.g. Termination for Default (Transportation Services) If the CONTRACTOR fails to pick upthe commodities or to perform the services, including delivery services, within the time specifiedin this contract or any extension or if the CONTRACTOR fails to comply with any otherprovisions of this contract, the AGENCY may terminate this contract for default. The AGENCYshall terminate by delivering to the CONTRACTOR a Notice of Termination specifying thenature of default. The CONTRACTOR will only be paid the contract price for services performedin accordance with the manner of performance set forth in this contract. If this contract isterminated while the CONTRACTOR has possession of AGENCY goods, the CONTRACTORshall, upon direction of the AGENCY, protect and preserve the goods until surrendered to theAGENCY or its agent. The CONTRACTOR and AGENCY shall agree on payment for thepreservation and protection of goods. Failure to agree on an amount will be resolved under theDispute clause. If, after termination for failure to fulfill contract obligations, it is determined thatthe CONTRACTOR was not in default, the rights and obligations of the parties shall be thesame as if the termination had been issued for the convenience of the AGENCY.h. Termination for Default (Construction) If the CONTRACTOR refuses or fails to prosecutethe work or any separable part, with the diligence that will insure its completion within the timespecified in this contract or any extension or fails to complete the work within this time, or if theCONTRACTOR fails to comply with any other provisions of this contract, the AGENCY mayterminate this contract for default. The AGENCY shall terminate by delivering to theCONTRACTOR a Notice of Termination specifying the nature of the default. In this event, theAGENCY may take over the work and complete it by contract or otherwise, and may takepossession of and use any materials, appliances, and plant on the work site necessary forcompleting the work. The CONTRACTOR and its sureties shall be liable for any damage to theAGENCY resulting from the CONTRACTOR's refusal or failure to complete the work withinspecified time, whether or not the CONTRACTOR's right to proceed with the work is terminated.This liability includes any increased costs incurred by the AGNECY in completing the work. TheCONTRACTOR's right to proceed shall not be terminated, nor the CONTRACTOR charged withdamages under this clause if:1. the delay in completing the work arises from unforeseeable causes beyond the control andwithout the fault or negligence of the CONTRACTOR. Examples of such causes include: acts ofGod, acts of the AGENCY, acts of another CONTRACTOR in the performance of a contract withthe CONTRACTOR, epidemics, quarantine restrictions, strikes, freight embargoes; and2. the CONTRACTOR, within [10] days from the beginning of any delay, notifies the AGENCY in

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writing of the causes of delay. If in the judgment of the AGENCY, the delay is excusable, thetime for completing the work shall be extended. The judgment of the AGENCY shall be final andconclusive on the parties, but subject to appeal under the Disputes clauses.a. If, after termination of the CONTRACTOR's right to proceed, it is determined that theCONTRACTOR was not in default, or that the delay was excusable, the rights and obligations ofthe parties will be the same as if the termination had been issued for the convenience of theCONTRACTOR.MDOT 3164 (02/14) Page 4 of 9i. Termination for Convenience or Default (Architect and Engineering) The AGENCY mayterminate this contract in whole or in part, for the CONTRACTOR's convenience or because ofthe failure of the CONTRACTOR to fulfill the contract obligations. The AGENCY shall terminateby delivering to the CONTRACTOR a Notice of Termination specifying the nature, extent, andeffective date of the termination. Upon receipt of the notice, the CONTRACTOR shall (1)immediately discontinue all services affected (unless the notice directs otherwise), and (2)deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,summaries, and other information and materials accumulated in performing this contract,whether completed or in process.If the termination is for the convenience of the CONTRACTOR, the Contracting Officer shallmake an equitable adjustment in the contract price but shall allow no anticipated profit onunperformed services.If the termination is for failure of the CONTRACTOR to fulfill the contract obligations, theAGENCY may complete the work by contract or otherwise and the CONTRACTOR shall beliable for any additional cost incurred by the AGENCY.If, after termination for failure to fulfill contract obligations, it is determined that theCONTRACTOR was not in default, the rights and obligations of the parties shall be the same asif the termination had been issued for the convenience of the CONTRACTOR.j. Termination for Convenience of Default (Cost-Type Contracts) The AGENCY mayterminate this contract, or any portion of it, by serving a notice or termination on theCONTRACTOR. The notice shall state whether the termination is for convenience of theAGENCY or for the default of the CONTRACTOR. If the termination is for default, the noticeshall state the manner in which the CONTRACTOR has failed to perform the requirements ofthe contract. The CONTRACTOR shall account for any property in its possession paid for fromfunds received from the AGENCY, or property supplied to the CONTRACTOR by the AGENCY.If the termination is for default, the AGENCY may fix the fee, if the contract provides for a fee, tobe paid the CONTRACTOR in proportion to the value, if any, of work performed up to the timeof termination. The CONTRACTOR shall promptly submit its termination claim to the AGENCYand the parties shall negotiate the termination settlement to be paid the CONTRACTOR. If thetermination is for the convenience of the AGENCY, the CONTRACTOR shall be paid its contractclose-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the workperformed up to the time of termination. If, after serving a notice of termination for default, theAGENCY determines that the CONTRACTOR has an excusable reason for not performing,such as strike, fire, flood, events which are not the fault of and are beyond the control of theCONTRACTOR, the AGENCY, after setting up a new work schedule, may allow theCONTRACTOR to continue work, or treat the termination as a termination for convenience.

CIVIL RIGHTS ( For projects over $10,000 ) The CONTRACTOR agrees to comply with all applicable civil rights laws and regulations, inaccordance with applicable Federal directives, except to the extent that the Federal Governmentdetermines otherwise in writing. These include, but are not limited to, the following:a. Nondiscrimination in Federal Public Transportation Programs. The CONTRACTORagrees to comply, and assures the compliance of each subcontractor, lessee, third party

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contractor, or other participant at any tier of the Project, with the provisions of 49 U.S.C. § 5332,which prohibit discrimination on the basis of race, color, creed, national origin, sex, or age, andprohibits discrimination in employment or business opportunity.b. Nondiscrimination – Title VI of the Civil Rights Act. The CONTRACTOR agrees tocomply, and assures the compliance of each subcontractor, lessee, third party contractor, orother participant at any tier of the Project, with all provisions prohibiting discrimination on thebasis of race, color, or national origin of Title VI of the Civil Rights Act of 1964, as amended, 42MDOT 3164 (02/14) Page 5 of 9U.S.C. § 2000d et seq., and with U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the CivilRights Act,” 49 C.F.R. Part 21. Except to the extent FTA determines otherwise in writing, theCONTRACTOR agrees to follow all applicable provisions of the most recent edition of FTACircular 4702.1A, “Title VI and Title VI-Dependent Guidelines for Federal Transit AdministrationRecipients,” and any other applicable Federal directives that may be issued.c. Equal Employment Opportunity. The CONTRACTOR agrees to comply, and assures thecompliance of each subcontractor, lessee, third party contractor, or other participant at any tierof the Project, with all equal employment opportunity (EEO) provisions of 49 U.S.C. § 5332, withTitle VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., andimplementing Federal regulations and any later amendments thereto. Except to the extent FTAdetermines otherwise in writing, the CONTRACTOR also agrees to follow all applicable FederalEEO directives that may be issued. Accordingly:(1) General. The CONTRACTOR agrees that it will not discriminate against any employee orapplicant for employment because of race, color, creed, sex, disability, age, or national origin.The CONTRACTOR agrees to take affirmative action to ensure that applicants are employedand that employees are treated during employment without regard to their race, color, religion,sex, disability, age, or national origin. Such action shall include, but not be limited to,employment, upgrading, demotions or transfers, recruitment or recruitment advertising, layoffsor terminations; rates of pay or other forms of compensation; and selection for training, includingapprenticeship.(2) Equal Employment Opportunity Requirements for Construction Activities. For activitiesdetermined by the U.S. Department of Labor (U.S. DOL) to qualify as “construction,” theCONTRACTOR agrees to comply and assures the compliance of each subcontractor, lessee,third party contractor, or other participant, at any tier of the Project, with all requirements of U.S.DOL regulations, “Office of Federal Contract Compliance Programs, Equal EmploymentOpportunity, Department of Labor,” 41 C.F.R. Parts 60 et seq.; with implementing ExecutiveOrder No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375,“Amending Executive Order No. 11246 Relating to Equal Employment Opportunity,” 42 U.S.C. §2000e note, and with other applicable EEO laws and regulations, and also agrees to followapplicable Federal directives, except as the Federal Government determines otherwise inwriting.d. Nondiscrimination on the Basis of Sex. The CONTRACTOR agrees to comply with allapplicable requirements of Title IX of the Education Amendments of 1972, as amended, 20U.S.C. §§ 1681 et seq., and with implementing U.S. DOT regulations, “Nondiscrimination on theBasis of Sex inEducation Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 25,that prohibit discrimination on the basis of sex.e. Nondiscrimination on the Basis of Age. The CONTRACTOR agrees to comply with allapplicable requirements of:(1) The Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 6101 et seq., and withimplementing U.S. Health and Human Services regulations, “Nondiscrimination on the Basis ofAge in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. Part 90, which

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prohibit discrimination against individuals on the basis of age in the administration of programsor activities receiving Federal financial assistance.(2) The Age Discrimination in Employment Act (ADEA) 29 U.S.C. §§ 621 through 634 and withimplementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations,“Age Discrimination in Employment Act,” 29 C.F.R. Part 1625, which prohibits discriminationagainst individuals on the basis of age.f. Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections. To the extentapplicable, the CONTRACTOR agrees to comply with the confidentiality and civil rightsprotections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§MDOT 3164 (02/14) Page 6 of 91101 et seq., the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment andRehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and the Public HealthService Act of 1912, as amended, 42 U.S.C. §§ 290dd through 290dd-2, and any amendmentsthereto.g. Access to Services for Persons with Limited English Proficiency. The CONTRACTORagrees to facilitate compliance with the policies of Executive Order No. 13166, “ImprovingAccess to Services for Persons with Limited English Proficiency,” 42 U.S.C. § 2000d-1 note,and follow applicable provisions of U.S. DOT Notice, “DOT Policy Guidance ConcerningRecipients’ Responsibilities to Limited English Proficiency (LEP) Persons,” 70 Fed. Reg. 74087,December 14, 2005, except to the extent that FTA determines otherwise in writing.h. Environmental Justice. The CONTRACTOR agrees to facilitate compliance with the policiesof Executive Order No. 12898, “Federal Actions to Address Environmental Justice in MinorityPopulations and Low-Income Populations,” 42 U.S.C. § 4321 note, except to the extent that theFederal Government determines otherwise in writing.i. Other Nondiscrimination Laws. The CONTRACTOR agrees to comply with applicableprovisions of other Federal laws and regulations, and follow applicable Federal directivesprohibiting discrimination, except to the extent the Federal Government determines otherwise inwriting.

DISADVANTAGED BUSINESS ENTERPRISETo the extent authorized by Federal law, the CONTRACTOR agrees to facilitate participation byDisadvantaged Business Enterprises (DBEs) in the Project and assures that eachsubcontractor, lessee, third party contractor, or other participant at any tier of the Project willfacilitate participation by DBEs in the Project to the extent applicable as follows:(1) The CONTRACTOR agrees and assures that it shall comply with section 1101(b) ofSAFETEA-LU, 23 U.S.C. § 101 note, and U.S. DOT regulations, “Participation byDisadvantaged Business Enterprises in Department of Transportation Financial AssistancePrograms,” 49 C.F.R. Part 26.(2) The CONTRACTOR agrees and assures that it shall not discriminate on the basis of race,color, sex, or national origin in the award and performance of any subagreement, lease, thirdparty contract, or other arrangement supported with Federal assistance derived from U.S. DOTin the administration of its DBE program and shall comply with the requirements of 49 C.F.R.Part 26.The CONTRACTOR agrees to take all necessary and reasonable steps as set forth in 49 C.F.R.Part 26 to ensure nondiscrimination in the award and administration of all subagreements,leases, third party contracts, and other arrangements supported with Federal assistance derivedfrom U.S. DOT. As required by 49 C.F.R. Part 26, the CONTRACTOR’s DBE program approvedby U.S. DOT, if any, is incorporated by reference and made part of the Grant Agreement orCooperative agreement for the Project. The CONTRACTOR agrees that it has a legalobligation to implement its approved DBE program, and that its failure to carry out that DBEprogram shall be treated as a violation of the Grant Agreement or Cooperative Agreement for

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the Project and this Master Agreement. Upon notification by U.S. DOT to the CONTRACTOR ofthe CONTRACTOR’s failure to implement its approved DBE program, U.S. DOT may imposethe sanctions as set forth in 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter tothe appropriate Federal authorities for enforcement under 18 U.S.C. § 1001, or the ProgramFraud Civil Remedies Act, 31 U.S.C. §§ 3801 et seq., or both.

DEBARMENT AND SUSPENSION (For projects over $25,000) The CONTRACTOR agrees to comply, and assures the compliance of each subcontractor,lessee, third party contractor, or other participant at any tier of the Project, with ExecutiveOrders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, and U.S.MDOT 3164 (02/14) Page 7 of 9DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, whichadopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB)“Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2C.F.R. Part 180. The CONTRACTOR agrees to, and assures that its subcontractors, lessees,third party contractors, and other participants at any tier of the Project will, review the “ExcludedParties Listing System” at https://www.sam.gov/portal/public/SAM/ before entering into anysubagreement, lease, third party contract, or other arrangement in connection with the Project.

CARGO PREFERENCE REQUIREMENTS (FOR PROPERTY TRANSPORTED BY OCEANVESSEL)Use of United States-Flag Vessels - The CONTRACTOR agrees in compliance with 46 U.S.C.1241/46 CFR Part 381:a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent ofthe gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers)involved, whenever shipping any equipment, material, or commodities pursuant to theunderlying contract to the extent such vessels are available at fair and reasonable rates forUnited States-Flag commercial vessels;b. to furnish within 20 working days following the date of loading for shipments originating withinthe United States or within 30 working days following the date of leading for shipmentsoriginating outside the United States, a legible copy of a rated, "on-board" commercial oceanbill-of -lading in English for each shipment of cargo described in the preceding paragraph to theDivision of National Cargo, Office of Market Development, Maritime Administration, Washington,DC 20590 and to MDOT (through the CONTRACTOR in the case of a subcontractor's bill-oflading.)c. to include these requirements in all subcontracts issued pursuant to this contract when thesubcontract may involve the transport of equipment, material, or commodities by ocean vessel.

FLY AMERICA (FOR FOREIGN AIR TRANSPORT OR TRAVEL)The CONTRACTOR understands and agrees that the Federal Government will not participate inthe costs of international air transportation of any individuals involved in or property acquired forthe Project unless that air transportation is provided by U.S.-flag air carriers to the extent suchservice is available, in compliance with section 5 of the International Air Transportation FairCompetitive Practices Act of 1974, as amended, 49 U.S.C. § 40118, and U.S. GSA regulations,“Use of United States Flag Air Carriers,” 41 C.F.R. §§ 301-10.131 through 301-10.143.

ENERGY CONSERVATIONThe CONTRACTOR agrees to comply with applicable mandatory energy efficiency standardsand policies of applicable State energy conservation plans issued in accordance with theEnergy Policy and Conservation Act, as amended, 42 U.S.C. §§ 6321 et seq., except to theextent that the Federal Government determines otherwise in writing. To the extent applicable,

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the CONTRACTOR agrees to perform an energy assessment for any building constructed,reconstructed, or modified with FTA assistance, as provided in FTA regulations, “Requirementsfor Energy Assessments,” 49 C.F.R. Part 622, Subpart C.

PREFERENCE FOR RECYCLED PRODUCTS (CONTRACTS FOR ITEMS DESIGNATED BYEPA, WHEN PROCURING $10,000 OR MORE PER YEAR)To the extent applicable, the CONTRACTOR agrees to comply with the U.S. EnvironmentalProtection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products ContainingRecovered Materials,” 40 C.F.R. Part 247, which implements section 6002 of the ResourceConservation and Recovery Act, as amended, 42 U.S.C. § 6962. Accordingly, theCONTRACTOR agrees to provide a competitive preference for products and services thatMDOT 3164 (02/14) Page 8 of 9conserve natural resources, protect the environment, and are energy efficient, except to theextent that the Federal Government determines otherwise in writing.

NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS (ITS) ARCHITECTURE ANDSTANDARDS ( For all ITS projects ) To the extent applicable, the CONTRACTOR agrees to conform to the National IntelligentTransportation Systems (ITS) Architecture and Standards as required by SAFETEA-LU §5307(c), 23 U.S.C. § 512 note, and follow the provisions of FTA Notice, “FTA National ITSArchitecture Policy on Transit Projects,” 66 Fed. Reg. 1455 et seq., January 8, 2001, and anyother implementing directives FTA may issue at a later date, except to the extent FTAdetermines otherwise in writing.

ACCESS FOR INDIVIDUALS WITH DISABILITIESThe CONTRACTOR agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policythat elderly individuals and individuals with disabilities have the same right as other individualsto use public transportation services and facilities, and that special efforts shall be made inplanning and designing those services and facilities to implement transportation accessibilityrights for elderly individuals and individuals with disabilities. The CONTRACTOR also agrees tocomply with all applicable provisions of section 04 of the Rehabilitation Act of 1973, asamended, 29 U.S.C. § 794, which prohibits discrimination on the basis of disability in theadministration of programs or activities receiving Federal financial assistance; with theAmericans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., whichrequires that accessible facilities and services be made available to individuals with disabilities;with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., whichrequires that buildings and public accommodations be accessible to individuals with disabilities;and with other laws and amendments thereto pertaining to access for individuals with disabilitiesthat may be applicable. In addition, the CONTRACTOR agrees to comply with applicableimplementing Federal regulations, and any later amendments thereto, and agrees to followapplicable Federal implementing directives, except to the extent FTA approves otherwise inwriting. Among those regulations and directives are:(1) U.S. DOT regulations, “Transportation Services for Individuals with Disabilities(ADA),” 49 C.F.R. Part 37;(2) U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs andActivities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. Part 27;(3) Joint U.S. Architectural and Transportation Barriers Compliance Board(U.S. ATBCB)/U.S. DOT regulations, “Americans With Disabilities (ADA) AccessibilitySpecifications for Transportation Vehicles,” 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;(4) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability in State and LocalGovernment Services,” 28 C.F.R. Part 35;

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(5) U.S. DOJ regulations, “Nondiscrimination on the Basis of Disability by PublicAccommodations and in Commercial Facilities,” 28 C.F.R. Part 36;(6) U.S. General Services Administration (U.S. GSA) regulations, “Accommodations forthe Physically Handicapped,” 41 C.F.R. Subpart 101-19;(7) U.S. EEOC, “Regulations to Implement the Equal Employment Provisions of theAmericans with Disabilities Act,” 29 C.F.R. Part 1630;(8) U.S. Federal Communications Commission regulations, “Telecommunications RelayServices and Related Customer Premises Equipment for the Hearing and Speech Disabled,”47 C.F.R. Part 64, Subpart F;(9) U.S. ATBCB regulations, “Electronic and Information Technology AccessibilityStandards,” 36 C.F.R. Part 1194;(10) FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 C.F.R.Part 609; andMDOT 3164 (02/14) Page 9 of 9(11) Federal civil rights and nondiscrimination directives implementing the foregoing Federallaws and regulations, except to the extent the Federal Government determines otherwise inwriting.

STATE, TERRITORIAL, AND LOCAL LAWShould a Federal law pre-empt a State, territorial, or local law, regulation, or ordinance, theCONTRACTOR must comply with the Federal law and implementing regulations. Nevertheless,no provision of the Grant Agreement or Cooperative Agreement for the Project, or this MasterAgreement requires the CONTRACTOR to observe or enforce compliance with any provision,perform any other act, or do any other thing in contravention of State, territorial, or local law,regulation, or ordinance. Thus if compliance with any provision of the Grant Agreement orCooperative Agreement for the Project, or this Master Agreement violates or would require theCONTRACTOR to violate any State, territorial, or local law, regulation, or ordinance, theCONTRACTOR agrees to notify FTA immediately in writing. Should this occur, FTA and theCONTRACTOR agree that they will make appropriate arrangements to proceed with or, ifnecessary, terminate the Project expeditiously.

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INVITATION FOR BIDSTO PROVIDE FOR A

LPG TANK AND DISPENSING SYSTEM FOR HARBOR TRANSIT

BID FORM

Date:Mr. Anthony DioniseHarbor Transit519 Washington AvenueGrand Haven, Michigan 49417

Dear Mr. Dionise:

Completely in accordance with your notice, instructions, terms and conditions, and specifications, we propose to supply a LPG Tank and Dispensing System as described in your Invitation for Bids at the Harbor Transit Facility.

Net Cost “Not-to-Exceed” $______________________

Anticipated Delivery Date _______________________

The undersigned certifies that he or she offers to furnish materials in strict accordance with the requirements of this bid including the Terms and Conditions, Specifications, Bid Form and has reviewed any questions and answers posted on the Harbor Transit website on or after July 2 nd, 2014, and the prices quoted are correct. This bid may not be withdrawn for a period of ninety (90) days from the due date noted above.

Bidder’s Name

Street/Mailing Address

City/State/Zip Code

Telephone Number

__________________________________ ______________________ Signature Date

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_____________________________________________________Print Name

Federal ID No. _____________________________Precede with “S” if Social Security #

SUBMIT Bid FormRequested Information: Specifications including Make and Model of the LPG Tank and Dispensing System you intend on providing.

SUBMIT CERTIFICATES DBE (Disadvantaged Business Enterprise)

GENERAL REQUIREMENTS Harbor Transit hereby requests bids to establish a contract to furnish a LPG Tank and Dispensing System per the attached Terms and Conditions, Specifications and Bid Form.

DIRECT QUESTIONS TO Anthony Dionise, Operations Manager (616) 842-3220 [email protected]

DATE ISSUED June 9th, 2014

SEALED BID DUE July 9th, 2014 @ 10:00 a.m.

of 295399866.1 26370/104993

ifb terms (diagnostic scan tool) - revised...

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