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Invitation No. 2021- 1 Invitation No.: 2021-5310-01 Location: Mobile, Alabama Commodity: 12 + 2 Small ADA Compliant Bus INVITATION TO BID South Alabama Regional Planning Commission 110 Beauregard Street, Suite 207 Post Office Box 1665 Mobile, Alabama 36633 Opening (Due) Date: 12/15/2020 Time: 10:00 am DO NOT SUBMIT MORE THAN ONE BID PROPOSAL FOR EACH BID NAME AND ADDRESS INFORMATION MUST APPEAR BELOW Submitted by: Company Name: Federal Tax ID No.: Physical/Mailing Address: Remit to Payment Address: Street Address: P.O. Box: City: St: Zip: Contact Person and Phone Number: (authorized to answer questions about your E-Mail Address (required): (person who filled out bid) E-Mail Address (required): (for notification of future bid opportunities) Telephone Number 800 Number Fax Number Return To: South Alabama Regional Planning Commission

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Invitation No.: 2021-5310-01Location: Mobile, AlabamaCommodity: 12 + 2 Small ADA Compliant Bus

INVITATION TO BIDSouth Alabama Regional Planning Commission

110 Beauregard Street, Suite 207Post Office Box 1665

Mobile, Alabama 36633

Opening (Due) Date: 12/15/2020Time: 10:00 am

DO NOT SUBMIT MORE THAN ONE BID PROPOSAL FOR EACH BID

NAME AND ADDRESS INFORMATION MUST APPEAR BELOW

Submitted by:

Company Name:

Federal Tax ID No.:

Physical/Mailing Address: Remit to Payment Address:

Street Address:

P.O. Box:

City:

St:

Zip:

Contact Person and Phone Number:(authorized to answer questions

about your company’s bid)

E-Mail Address (required):(person who filled out bid)

E-Mail Address (required):(for notification of future bid opportunities)

Telephone Number 800 Number Fax Number

Return To:South Alabama Regional Planning Commission110 Beauregard Street, Suite 207Post Office Box 1665Mobile, Alabama 36633Transportation Planner: Monica WilliamsonE-Mail Address: [email protected]: (251) 706-4613

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12 plus 2 Small ADA Compliant Bus

Project No: 2021-5310-01

The South Alabama Regional Planning Commission in Mobile, Alabama, is seeking responses from qualified firms for the Purchase and Delivery of 14 passenger (12 seats plus 2 wheelchairs) ADA compliant vehicle, Project Number: 2021-5310-01, funded through the FTA 5310 Funds. Invitation to Bid documents may be obtained at www.mobilempo.org . or contacting the Transportation Department at [email protected].

Proposals shall be submitted to Monica Williamson, Transportation Planner, South Alabama Regional Planning Commission, GM&O Building, 110 Beauregard, Street Suite 207, Mobile, Alabama 36602, on or before December 15, 2020 at 1 0 : 00 a. m CST . Proposals received after the deadline will not be considered and will be returned to the Proposer unopened. Any changes, or any requests for changes in the specifications, will not be recognized after sealed proposals are submitted to the South Alabama Regional Planning Commission.

DUE TO COVID-19, please contact us if you plan on dropping off your documents as we are currently not accepting walk-ins.

Any contract resulting from this request for proposals is subject in part to a financial assistance contract between South Alabama Regional Planning Commission and the Federal Transit Administration (FTA). All Respondents will be required to certify that they are not on the Comptroller General's list of ineligible contractors. Furthermore, the contractor will be required to comply with all applicable equal employment opportunity laws and regulations.

South Alabama Regional Planning Commission hereby notifies all Proposers that in regard to any contract entered into pursuant to this Invitation for Bid, advertisement or solicitation, Disadvantaged Business Enterprises are encouraged to apply and will be afforded full opportunity to submit proposals in response, and will not be subjected to discrimination on the basis of race, color, sex or national origin in consideration for an award.

South Alabama Regional Planning Commission reserves the right to reject any and all proposals as submitted by this Request for Proposals, and to waive informalities and irregularities, as it deems in its best interest.

PRO CUREM ENT SCHE DULE

The following schedule will be adhered to with regard to the Invitation for Bids:

ITB Announcement November 10, 2020

Bid Solicitation available on website November 10, 2020

Approved Equal / Clarification Request November 24, 2020

Approved Equals / Clarification December 2, 2020

Bid Due December 15, 2020 10:00 am CST

Bid Opening December 15, 2020, 10:05 a.m. CST

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Contract Execution Notice to Proceed TBD

ITB 2021-5310-01 Small Paratransit ADA Bus (12 + 2)

REQUIREMENTS/SPECIFICATIONS

Section 1: Intent

The purpose of this invitation to bid is to establish a contract for a 14 passenger (12 seats plus 2 wheelchairs) ADA compliant vehicle to be purchased as transit vehicles specified herein that will be used in conjunction with the Federal Transit Administration Section 5310 Program. The vehicles purchased through this contract will be used for the transportation of elderly and/or persons with disabilities.

In the event this invitation to bid is awarded, vehicles will be purchased from the awarded bidder by the South Alabama Regional Planning Commission (SARPC), on behalf of various organizations throughout the Mobile, AL Urbanized Area and subsequently placed into use by the receiving agencies.

All vehicles bid shall be the latest current model vehicle, incorporating the latest manufacturer engineering.

1.1 Quantity of Vehicles to be Purchased

The estimated quantity of vehicles during the time frame is six. Any estimated quantities listed are being provided as a guide to bidders but should not be construed that the South Alabama Regional Planning Commission shall be obligated to purchase any set number of vehicles. The actual number will be based upon the overall program cost and the availability of local and federal funds.

Section 2: Contract Duration

This contract shall be effective from the Date of Award through May 2022.

Section 3: Free on Board (F.O.B.) Destination

Unit bid prices submitted shall include all delivery charges, Free on Board (F.O.B.) Place ofDestination to the recipient whose name and address appears on the purchase order(s).

Section 4: Post Award Meeting

After award of the contract, prior to commencement of any activity by the successful bidder, a post-award meeting addressing such topics as delivery schedule, method of construction, title work, payment of invoices, etc., may be scheduled. The post award meeting may be scheduled at the South Alabama Regional Planning Commission (SARPC) offices in Mobile, AL or as a conference call originating from SARPC telephone equipment. In either case, SARPC will contact the bidder prior to commencement of any activity in order to arrange the details of the meeting/conference call.

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Section 5: Inspection of Vehicle

SARPC and/or any agency receiving a vehicle reserve the right to inspect any and all vehicles and ancillary equipment being furnished by the successful bidder (Vendor) as a result of this term contract and reserve the right to reject all material and workmanship which does not conform to the specifications or accepted practice. For all vehicles the vendor shall submit to SARPC a projected delivery schedule of the completed vehicle as soon as possible after receipt of the purchase order(s).

Note: payment for the vehicle and ancillary equipment will not be approved until the vehicle is accepted by SARPC and/or the agency as meeting or exceeding all specifications. Delivery acceptance of the vehicle by the recipient agency does not constitute acceptance for payment.

Section 6: Delivery

Delivery of ordered vehicles shall be made within 210 calendar days after receipt of a purchase order.

6.1: Delivery Hours

All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday except Federal holidays unless special permission is granted by SARPC to temporarily waive or adjust this requirement.

6.2: Delivery and Issuance of Title

The title for each vehicle shall be issued in the name of the appropriate recipient whose name appears on the purchase order(s). For purchase orders issued by SARPC, a security agreement shall also be filed naming the South Alabama Regional Planning Commission (SARPC) as first secured lien holder.

The successful vendor will be required to fully demonstrate the use of the vehicle and related equipment upon delivery along with a review of the applicable warranties. The successful vendor must contact SARPC at least two working days in advance of vehicle delivery to set a tentative delivery time and choose proper wording for the vehicle title. Delivery shall be made during the recipient’s normal working hours.

Section 7: Warranty Work

All normal warranty work on chassis and chassis manufacturer’s factory installed equipment shall be accomplished within 100 miles of the recipient’s place of business.

It is recognized that the vehicle and associated on board equipment warranty responsibility may be divided among more than one warranting agency. However, if after the authorized factory service representative for a particular item has been contacted and satisfactory warranty repair cannot be obtained, it shall be the successful bidder’s responsibility to act as liaison for the agency in obtaining warranty repair to ensure the vehicle is placed in operable condition without unnecessary delay.

To assure that all warranties and support requirement of the contract are fulfilled, the Department prefers that the bidders maintain a repair facility within the State of Alabama, or has a contractual relationship with a repair facility in the State of Alabama that is

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familiar

with the vehicles that are the subject of this Bid

Section 8: Disputes

Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the SARPC Administrator. This decision shall be final and conclusive unless within ten (10) days from the date of the receipt of its copy, the Vendor mails or otherwise furnishes a written appeal to the Director of Transportation or his or her designee. In connection with any such appeal, the Vendor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Director of Transportation shall be binding upon the Vendor and the Vendor shall abide by the decision.

Section 9: Bid Submission Forms and Literature

Bidder should submit with their bid the following information:

Detailed descriptive literature and/or engineering or detailed drawings of all items bid. This shall include the basic vehicle proposed to be furnished and all additional equipment. Sufficient detail along with specifications shall be submitted to allow for a complete evaluation

All forms and documents submitted must contain original signatures, seals, embossing, etc.

Failure to submit the following bid submission forms located below in Section 32 of these specifications and requirements in your submitted bid package may result in your bid being declared non-responsive and ineligible for award of this invitation to bid:

Bid Submission Form 1: Bid Affidavit

Bid Submission Form 2: Bidder Certificate Statement

Each bidder should submit with its bid the enclosed “Bidder Certificate Statement” addressing the U.S. Comptroller’s List of Ineligible Bidders. In the event the bidder is on the Comptroller General’s list of ineligible Vendors for federally financed or assisted work, any contract resulting from this bid may be canceled, terminated or suspended by the South Alabama Regional Planning Commission.

Bid Submission Form 3: Integrity Certification Statement

Each bidder should submit with its bid, the “Integrity Certification” (regarding debarment, suspension, and other responsible matters), which states that the Vendor is not currently engaged, or has been engaged, in behavior which threatens the integrity of federally assisted programs.

Bid Submission Form 4: Lobbying Restrictions Certification

The Vendor, by signing the Certification of Restrictions on Lobbying contained herein, agrees to comply with the provisions of Section 1352, Title 31 of the U.S. Code, which

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prohibits the use of federal funds to lobby any official or employee of any federal agency, or member or employee of Congress; and to disclose any lobbying activities in connection with federal funds.

Bid Submission Form 5: Buy America Certification

The complete Buy America process consists of not only individual component requirements but also a vendor compliance/non-compliance self-certification; pre-award and post delivery vehicle component verification; pre-award and post-delivery specifications compliance; and Federal Motor Vehicle Safety Standards (FMVSS) compliance. The Buy America, FMVSS documents included in the Required Forms sections, with a list of proposed Buy America content for the proposed vehicles will suffice as the pre-award self-certifications. The remaining pre-award certifications will be addressed by SARPC personnel and post-delivery certifications will be addressed with the contract vendor.

The Vendor agrees to comply with 49 U.S.C. 5323(j) and 49 CFR Part 661, which provides 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 CFR661.7, microcomputer equipment, software, and small purchases (currently less than$100,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are set out at 5323(j) (2) (C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content. A bidder or offeror must submit to SARPC the appropriate Buy America certification with all bids on FTA-funded contracts, except those subject to a general waiver.

Bid Submission Form 6: Transit Vehicle Manufacturers (TVM) Certification

49 CFR Part 26.49 requires SARPC, as a recipient of FTA funding, to require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the DBE regulatory requirements. A transit vehicle manufacturer may obtain this certification by submitting its DBE Goal and Program Plan to the FTA Office of Civil Rights.

Only those dealers or distributors whose transit vehicle manufacturer bid is listed on FTA’s certified list of Transit Vehicle Manufacturers (www.fta.dot.gov/12326_5626.htm l ), or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the date and time bids are due back to the Department are eligible to be awarded this invitation to bid.

A bidder that is a vendor/distributor/dealer of transit vehicles must clearly identify all Transit Vehicle Manufacturers from which vehicles will be procured. A bid received from a vendor/distributor that includes vehicles to be produced by a Transit Vehicle Manufacturer that is not listed on FTA’s certified list of Transit Vehicle Manufacturers may be deemed non-responsive and ineligible for award.

NOTE: Bidders that are a dealer or distributor of a transit vehicle manufacturer should submit an original copy of Bid Submission Form 6 for each Transit Vehicle Manufacturer bid.

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Bid Submission Form 7: Federal Motor Vehicle Safety Standards (FMVSS) Certification

The motor vehicles supplied as part of this procurement will comply with the Motor Vehicles Safety Standards as established by the State of Alabama. In addition, the bidder should submit a signed certification, on the enclosed form, that all vehicles being supplied will meet all applicable Federal Motor Vehicles Safety Standards.

Section 10: Statement of Financial Assistance

This contract is subject to and contingent upon the continuance of a financial assistance contract between the South Alabama Regional Planning Commission and the U.S. Department of Transportation (FTA). The termination of this financial assistance agreement shall void this contract without damage to either party.

Section 11: Interest of SARPC Employees

No employee of the South Alabama Regional Planning Commission or of a local public body during that person’s tenure or one year thereafter, including any family members or business partners of said person, shall have any interest, direct or indirect, in this contract or the proceeds thereof. Each bidder shall submit with the bid the “Certification of Restrictions on Lobbying” regarding this and other related matters.

Section 12: Civil Rights Requirements and Nondiscrimination

In accordance with Title VI and VII of the Civil Rights Act, as amended, 42 USC 2000d and2000e, respectively; Section 303 of the Age Discrimination Act of 1975, as amended; 42USC 6102, Section 202 of the Americans with Disabilities Act of 1990; and 42 USC 12132, and Federal transit law at 49 UCS 5332, Vendors are required to comply with all applicable Equal Employment Opportunity laws and regulations, including all requirements imposed by the Titles and Sections set forth in this paragraph, and the regulations relative to non- discrimination in federally assisted programs of the U.S. DOT, as issued in 49 CFR, Part21.

These requirements include, but are not limited to:

The Vendor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Vendor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Vendor 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 recipient deems appropriate.

The Vendor agrees, in accordance with Section 4 of the Age Discrimination inEmployment Act of 1967, as amended, 29 USC 623 and Federal transit law at 49USC 5332, to refrain from discrimination against present and prospective employees for reason of age. In addition, the Vendor agrees to comply with any implementing requirements FTA may issue.

The Vendor agrees, in accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 USC 12112, 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

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Act,”29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Vendor agrees to comply with any implementing requirements FTA may issue.

The Vendor further agrees to 1) include these requirements in each subcontract financed in whole or in part with the FTA Federal assistance, modified only if necessary to identify the affected parties, and 2) to notify potential subcontractors, vendors and suppliers in all solicitations of its obligation under this contract relative to non-discrimination provisions in every subcontract awarded pursuant to this agreement.

Section 13: Record Retention

In accordance with 49 CFR 18.36(I)11, the Vendor will keep all records pertaining to this procurement for a period of three years from the delivery date of the last vehicle.

Section 14: Environmental Requirements

Clean Air:(1) The Vendor 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 Vendor 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 Vendor also agrees to include these requirements in each subcontractexceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

Clean Water:(1) The Vendor 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 Vendor 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 Vendor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance providedby FTA.

Section 15: Energy Efficiency:

Energy Conservation

The Vendor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

Section 16: Labor Provisions

The Vendor shall maintain and preserve, and require subcontractors to maintain and

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preserve, payroll records for a period of three years from the date of completion of this agreement. Such records shall contain for each employee, their name, address, social security number, correct classification, hourly rates of wages, daily and weekly number of hours worked, deductions and actual wages paid.

In addition, all records to be maintained by the Vendor and all subcontractors under this agreement shall be made available for inspection, copying or transcription by authorized representatives of the U.S. DOT, U.S. DOL and SARPC.

Contract Work Hour and Safety Standards Act:

Vendor agrees to comply with 29 CFR, Part 1926 which implements Section 107 of theContract Work Hour and Safety Standards Act.

Overtime Requirements:

No Vendor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater.

Violation: Liability for Unpaid Wages and Liquidation Damages:

In the event of any violation of the clause set forth in subparagraph (b)(1) 29 CFR 5.5 the Vendor and any subcontractor responsible therefore shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such district or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic including watchmen and guards employed in violation of the clause set forth in subparagraph (b)(1) 29 of CFR 5.5 in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b)(1) 29CFR 5.5.

Withholding for Liquidated Damages:

SARPC or the recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally assisted contract subject to the contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b)(2) of 29 CFR5.5.

Subcontrac t s: The contractor agrees to incorporate these clauses into any subcontract

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awarded pursuant to this solicitation.

Section 17: Cargo Preference

Cargo Preference - Use of United States-Flag Vessels:The Vendor 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 contract o r in the case of a subco n tractor's bill - of-lading.)

c. to include t hese requirements in all subc o ntr a c ts issued p ursuant to t his contr a ct when the subcontract may invo l v e the transport of e q uipment, material, o r commodities by ocean vessel.

Section 18: No Government Obligation to Third Parties

(1) 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, Vendor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

(2) The Vendor 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.

Section 19: Program Fraud and False or Fraudulent Statements

(1) The Vendor 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 Vendor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Vendor 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 Vendor to the extent the Federal Government deems appropriate.

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(2) The Vendor 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 49U.S.C. § 5307, the Government reserves the right to impose the penalties of 18U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Vendor, to the extent the FederalGovernment deems appropriate.

(3) The Vendor 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.

Section 20: Federal Changes

Vendor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Vendor's failure to so comply shall constitute a material breach of this contract.

Section 21: Recycled Products

Recovered Materials The Vendor agrees to comply with all the requirements of Section6002 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.

Section 22: Government-wide Debarment and Suspension

By signing and submitting this bid or proposal, the Vendor and prospective lower tier participant is providing the signed certification set out below.

The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the South Alabama Regional Planning Commission may pursue available remedies, including suspension and/or debarment.

The prospective lower tier participant shall provide immediate written notice to the South Alabama Regional Planning Commission if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “persons,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules and implementing Executive Order 12549 [49 CFR Part 29]. You may contact the South Alabama Regional Planning Commission for assistance in obtaining a copy of those regulations.

The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier

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covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the South Alabama Regional Planning Commission.

The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction”, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non- procurement List issued by U.S. General Service Administration.

Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

Except for transactions authorized under Paragraph D of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government, the South Alabama Regional Planning Commission may pursue available remedies including suspension and/or debarment.

“Certification Regard i ng Debar m ent, Suspension, Ineligibility and Voluntary Exclusion- Low er Tier Covered T ransaction”

The prospective lower tier participant certifies, by submission of this bid or proposal, that neither it nor its “principals” [as defined at 49 CFR § 29.105(p)] is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

When the prospective lower tier participant is unable to certify to the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Section 23: Incorporation of Federal Transit Administration (FTA) Terms

The preceding provisions include, 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, dated November 1, 2008, and 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 Vendor shall not perform any act, fail to perform any act, or refuse to comply with any South Alabama Regional Planning Commission requests which would cause the South Alabama Regional Planning Commission to be in violation of the FTA terms and conditions.

Section 24: Fly America

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The Vendor 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 Part301-10, which provide that recipients and subrecipients of Federal funds and their Vendors 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 Vendor 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 Vendor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

Section 25: Pre-Award and Post-Delivery Audit Requirements

The Vendor 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 Vendor shall complete and submit a declaration

certifying either compliance or noncompliance with Buy America. If the Bidder/Offeror 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 oforigin 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 assemblypoint and the cost of final assembly.

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

(3) Federal Motor Vehicle Safety Standards (FMVSS): The Vendor 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.

Section 26: Motor Vehicle Pollution Requirements:

The Vendor, by submitting a bid in response to this ITB, guarantees the following:

The horsepower of the vehicle(s) bid are adequate for the speed range and terrain in which it will be required to operate and also to meet the demands of all auxiliary power equipment.

All gases and vapors emanating from the crankcase of spark-ignition engines are controlled to minimize their escape into the atmosphere. Visible emission from the exhaust will not exceed #1 on the Ringlemann Scale when measured six inches from the tail pipe with the vehicle in steady operation.

When the vehicle has been idled for three minutes and then accelerated to 80% of rated speed under load, the capacity of the exhaust will not exceed #2 on the Ringlemann Scale for more than five seconds, and not more than #1 on the Ringlemann Scale thereafter.

Section 27: ADA Compliance

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Must meet ADA Accessible Guidelines, as amended, 42 U.S.C. §§ 12101 et seq.

Section 28: Maximum Compensation

The maximum compensation for this contract, if a contract is awarded, will not exceed the amount of purchase orders instituted by SARPC.

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Section 29: Price Adjustment Clause

Manufacturer price adjustments will be considered after current model year build out dates, provided that price adjustments cover both upward and downward movement of the commodity price and the adjustment is based on the “pass through” increase or decrease of raw materials and/or labor and/or manufacturer price incentives (not originally considered) which make up all or a substantial part of the product. Adjustments are to be based upon an actual dollar figure, not a percentage. Written request for price adjustment including supportive documentation, shall be sent to the South Alabama Regional Planning Commission, Transportation Department, Attn: Monica Williamson, PO Box 1665, Mobile, AL 36633, for review. The Department may accept the price adjustment and amend the contract accordingly, reject the adjustment and continue the contract as is with no change in price, or cancel the contract without damage to the Department. The Department will have sole discretion in the approval of any price adjustments. Price adjustments will become effective on the date of the Department’s acceptance letter. No increase will be considered within the first four (4) months of the contract’s effectiveness.

Definition: Build out date- The date after which the manufacturer no longer produces or is unable to provide the current model year chassis.

Manufacturer’s production termination notice (build out):

Orders prior to mfg. production termination notice (build-out-date): All orders placed, shall be provided to the vendor no later than the mfg. build-out-date, which in the past is usually around March, but could be earlier. Agencies will be notified of these dates but are urged to submit their orders as quickly as possible after receipt of the contract.

All orders received by the Vendor on, or prior to, the build-out-date shall guarantee delivery of the vehicle as described on the purchase order at the awarded contract price.

Any order received by the Vendor after the build-out-date will be subject to vehicle availability. The vendor reserves the right to accept or reject these orders. The vendor will be required to notify the ordering agency, within five (5) calendar days, after the vendor has received the purchase order, whether the purchase order will be accepted or rejected. If the purchase order cannot be accepted the vendor shall return it to the ordering agency. Once accepted, the vendor shall be required to fulfill the contract.

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Section 30: Equipment Requirement and Specifications: 12+2 ADA Compliant Bus

30.1 General Requirements:Vehicles shall be cutaway van chassis, light duty, accessible vehicle. The vehicle body shall be a body manufactured by a body manufacturer for transit application, not converted or modified to a transit vehicle from a sports van, passenger van or wagon, delivery vehicle, school bus, recreational vehicle or similar vehicle. Body construction shall be conventional type, panels on structural metal frames, as described later in this document. The vehicles shall be able to operate daily on all urban, suburban and rural primary and secondary roads within the state of Alabama. The vehicle is intended for the widest possible spectrum of passengers, including the elderly and people with disabilities.

The vehicles bid shall be the chassis manufacturer’s current production year, 2018 model year or newer.

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

Whenever a specific trade or product name is used within this specification, the following statement applies “…or approved equal with the same standards of quality, design and performance.” All requests for approved equals must be submitted on the Request for Exception/Equal form and must be approved by SARPC.

30.2 Specifications:Unless otherwise specified, all items listed below as Original Equipment Manufacturer (OEM) parts or equipment means those items shall be or were made by or purchased and installed by the Chassis Manufacturer, not the final stage manufacturer (2nd stage TVM).

Accessories:Self canceling turn indicators, flasher lights which signal front (in parking lights) and rear (in dual tail lights), odometer, speedometer, hour meter, oil filter, locks for all doors, dual electric two-speed intermittent windshield wipers with winter blades, dual jet windshield washers, single sun visor, coolant temperature indicator, fuel tank level gauge, mesh storage container for each mobility aid restraint and passenger restraint system, horn, four sets of keys for all locks, oil pressure indicator, voltmeter (of proper size to read additional charge when lift or auxiliary air conditioning/heater is in use), defroster and all regularly furnished tools and equipment.

Access Hatches, Doors, Trays or PanelsAccess for maintenance and replacement of equipment shall be provided through panels and doors that appear to be an integral part of the vehicle. Access shall be provided to service transmission, engine, radiator, battery, air conditioning components, fuel pump and sending unit and any other mechanical component that requires routine repair, fluid check and fill, inspection, replacement or access. Access opening or doors in vehicle interior shall be properly secured and sealed to prevent entry of fumes and water into the vehicle interior.

Air Bag Driver’s side, Generation II.

Air Conditioning/Heating/Defrosting:Air Conditioning: Dual under hood compressors shall be standard equipment. The system shall have two separate air conditioners (dual compressors). All vehicles require an OEM chassis manufacturer, factory, dash-mounted passenger area unit rated at 22,000 BTU minimum as installed with factory or air conditioning manufacturer provided dual compressor. All vehicles shall also have an auxiliary rear air conditioner unit for the passenger area capable of producing 65,000 BTU minimum with 665 CFM diffused air flow. A total of 87,000 BTU minimum is required of the total air conditioning system.

Roof-mounted rear interior evaporator shall meet or exceed the capacity of an American Cooling Technology’s (ACT) or approved equal dual compressor system, at 95 degrees ambient, 67 df WB, 35 degrees delta T minimum with a 1/2 inch or greater inside diameter drain tube with a removable and washable

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filter element.

Heater and Defroster: The heating system shall be the heaviest available chassis OEM, and shall have at least two units, a heater/defroster located in the driver’s area and an auxiliary heater in the passenger area. Total output of the heating system shall be at least 60,000 BTU/hour. The driver’s heater/defroster shall operate independently of the passenger area heating system. The system shall provide heating air to the driver and throughout the passenger compartment.

The heater in the passenger area shall be located so as not to interfere with aisle space, wheelchair restraint system, or seating area (leg room)

Combustion heaters are not acceptable. Heater and associated hardware shall meet SAE-recommended standards and practices and shall meet the applicable criteria of 49 CFR 393.77.

Alternator:The vehicle is to be equipped with a 225-amp OEM alternator. Charging configuration components must be warranted by the chassis OEM, approved air conditioning system supplier and second stage body manufacturer.

Anti-Corrosion Treatment:All metallic body and chassis components, including the surfaces of those interior body panels and posts that are to be covered by insulation or trim materials, shall be thoroughly protected for corrosion resistance by means such as bonderizing, rust proofing or the application of multiple coats of corrosion inhibitive primer.

Axles:It is the bidder’s responsibility to calculate the actual loaded weight and to provide the appropriate size and axle combination for specified vehicle. Dual rear wheels shall be equipped with valve extensions thru the outside wheel.

Back-Up Warning Device:An audible warning device, in compliance with SAEJ994b (with respect to acoustical performance for Type B device), shall be located behind the rear axle of the vehicle and shall activate when the vehicle transmission is engaged in reverse and continue as the vehicle is being backed up.

Batteries:Batteries shall be matching, dual heavy-duty, maintenance free batteries with a combined 1250 CCA minimum for gas engines and a combined 1540 CCA minimum for diesel engines. Batteries shall be contained in a skirt-mounted compartment located curb side, unless the chassis manufacturer requires otherwise.

Brakes:Four wheel disc anti-lock brakes. Braking system shall be the heaviest duty and largest offered by the manufacturer for the gross vehicle weight rating of the vehicle specified and shall comply with FMVSS 105, 106, 121 and/or 135, as applicable for the model specified. Brakes shall conform to all Federal and Alabama Motor Vehicle Safety Standards.

Brakes should be capable of stopping a fully loaded vehicle at a deceleration rate equivalent to a 22 foot stop from a speed of 20 miles per hour. They must be capable of this type of stop 3 times in a rapid succession from a speed of 20 miles per hour without brake fade.

Parking brake shall be manually operated, independent of the vehicle’s service brake system.

BumpersFront Bumper: OEM StandardRear Bumper: OEM Standard

Tow Hooks: Two rear tow hooks shall be provided, accessible below the rear bumper, which meet OEM

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standards. The towing devices shall be adequate in design and construction to permit towing the vehicle without distortion or failure.

Chassis:Minimum gross vehicle weight rating to meet payload requirements or higher as required to support the loaded weight of specified passenger load of the completed vehicle including any optional equipment selected. The structure, at the non-ambulatory seating area behind the rear wheels, shall be designed to support a curbside rear lift, as specified, and up to two mobility aids and non- ambulatory passengers without floor failure.

Color and Finish:All exterior surfaces shall be smooth and free of visible fasteners, wrinkles and dents. Exterior surfaces to be painted shall be properly cleaned and primed as appropriate for the paint used, prior to application of paint, to assure a proper bond between the basic surface and successive coats of paint for the service life of the vehicle. Paint shall be applied smoothly and evenly with finished surface free of dirt, runs, orange peel and other imperfections.

Exterior body surfaces shall be white in color, conforming to the cutaway body color as supplied by the chassis OEM. The vendor shall contact the purchaser for selection by the purchaser of a color from the standard factory color chart at the time of order time for a colored stripe.

Interior body surfaces shall be from standard options available from the TVM. Any interior paint used shall be high solids, low Voc, polyurethane satin enamel. Paint shall be applied in a clean and professional manner with no blatant evidence of overspray or painting over of decals or vehicle emblems.

Dimensions:The following dimensions and characteristics are given in order to indicate the approximate size and type of vehicle desired. Views of the proposed bus, indicating compliance with the overall specified dimensions shall be submitted with the Bid documents.

Height (to the roof skin): minimum 110 inches, not to exceed 12 1 122 inches. Interior floor to ceiling height shall be a minimum 74 inches at center aisle.

Length (overall vehicle exterior): The length of the vehicle shall be the minimum necessary to satisfy the specified seating configurations of this bid, while meeting all applicable FMVSS requirements and chassis manufacturer requirements for weight distribution.

Width (overall vehicle exterior): maximum 96 inches. Interior width at floor (overall vehicle interior): minimum 90 inches interior width at seat level.

Doors:All external doors, except for the front passenger service door and the emergency exit door, shall be capable of being locked from the outside of the vehicle.

Front Entrance Door and Step Well: The vehicle shall be equipped with an ambulatory passenger service, two section (jackknife or split type) entrance door located opposite the driver. The passenger service door must be a manual two-piece school bus type, split-leaf with curb vision windows and overlapping rubber seals. Drivers shall be able to operate the door without leaving their seat. Door must be capable of being manually operated with an over-center linkage of the self-locking type, and shall be easily operated by the seated driver with seat belt fastened. Manual door opening mechanism shall be located as to not interfere with grab rails to assist passengers in both boarding and exiting.

The front doors shall be double sealed to prevent water from entering the bus. The seals shall be of automotive quality, flexible material that does not degrade or crack with aging and shall be mounted in a groove that allows for easy replacement, if necessary.

Each door leaf shall have a single pane, tinted and tempered safety glass that conforms to all applicable Federal and State Motor Vehicle Safety Standards. The windows shall be of adequate size and placed so as

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to allow the driver to see and judge the curb locations when stopping.

The front doorframe shall be constructed of standard interlocking aluminum extruded frames or stainless steel with a high quality anodized finish or powder coat. The front entrance door framing shall be a minimum of 34 inches with a minimum 30 inch horizontal clear opening, measured between the handrails or the narrowest point between the door edges when open. The door shall have a vertical minimum of 79 inches high clear “walk in” headroom as measured from the top of the front step to the underside of the front doorframe header. Suitable padding to protect the heads of boarding or exiting passengers shall be installed on the lintel of the front service entrance doorway. A thick rubber threshold seal of brush comb shall seal any gap greater than 3/8” between the lowest part of the door and the mating step surface.

Driver’s Door and Running Board: An OEM standard driver’s door with roll down window and exterior key lock shall be provided at the left-hand side of the driver’s seat. A driver’s side entrance step shall be provided having an effective tread area of at least 10 inches by 15 inches, measured from the design line of the vehicle. The running board shall run from the front wheel mud flap to the back edge of the driver’s door, minimum. Running board shall be supported to the vehicle in three locations (front, center, and rear). Support brackets shall be galvanized or powder coated angle iron, minimum 3/16 inch x 1 ½ inch x 1 ½ inch. Support brackets shall extend a minimum of 10 inches under the running board and shall be mounted to the frame or the body of the vehicle. This step shall be provided in addition to any existing OEM step already on the vehicle. This step shall be of metal construction and have a non-slip tread.

Mobility Lift Access Doors: The two mobility lift doors shall provide 68 inches of clear walk-in headroom as measured when lift is in full raised usable position and width sufficient to stow the lift specified. Door fasteners or hardware shall not protrude into the door opening. Doors for the lift access shall be hinged at the side and fully-seal the opening when closed. Lift doors shall be equipped with gas cylinders and a securement device, in addition to the gas cylinders, to hold the mobility lift access doors safely and securely in the open position when lift is in operation in strong winds. Cord, rope, magnetic or strap securement devices will not be accepted. Door securement devices shall be firmly attached to the body and attach securely to the bus body when not in use, so as to not scratch or rattle or otherwise harm the vehicle body during travel. The doors shall be able to open wide enough to allow for the operator and free operation of the lift. When fully open, the doors shall be clear of the lift and passenger and shall in no way inhibit the movement of the lift or the operator.

Mobility lift doors shall be equipped with an exterior key locking device and outside handles. The door latch shall control the upper and lower slam type or three-point latching system to insure positive latching and sealing around the doors’ periphery. The doorframe shall be constructed of powder coated, stainless steel with sufficient strength to support both lift doors and lift. Lift doors shall have a glazed window that is viewable from the wheelchair positions inside the vehicle and meets all applicable Federal and State Motor Vehicle Safety Standards and Americans with Disabilities Act requirements. Padding shall be installed inside of the vehicle over the mobility lift doorframe header.

Doors General: Keys and locks for all doors shall be supplied. All doors shall be properly sealed to prevent entry of air drafts, dust and water into the vehicle interior, including spray from commercial vehicle wash equipment and driving rain. Materials used for weather seals shall be designed to withstand varying temperature extremes, road splash, salt and other exterior elements without cracking, leaking, loosening or deteriorating.

Driver’s Shield:The shield shall be tinted Lexan, Evionics or approved equal. Barrier shall be provided behind the driver and extend from the stanchion crossbar behind the driver to a point approximately 12 inches from the ceiling. This barrier shall be least ¼ inch thick. A 1 ½ inch clearance between the stanchion and barrier shall be provided to allow a hand hold.

Driveshaft:The drive shaft, bearing and U-joint shall be or equal to the OEM’s standard for the GVWR specified. It must be properly supported, balanced and guaranteed not to vibrate. One or more metal driveshaft loops or guards must surround it to prevent any section of the shaft from entering the vehicle or striking the ground in case of

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universal joint or other driveshaft failure, in accordance with 49 CFR Part 393.89.

Emergency Equipment:The vehicle shall be provided with the following Emergency Equipment and shall be located in positions which are easily accessible to the driver:

First Aid Kit: A 24 unit first aid kit provided with instructions for the use of its contents shall be securely mounted in a location readily accessible to the driver. Kit shall be an all in one First Aid CPR Clean up kit.

Fire Extinguisher: A UL approved fire extinguisher shall be bracket mounted in a location readily accessible to the driver.

Warning Devices: A kit of three folding bi-directional emergency reflective triangles that conform to the requirements of FMVSS 125 shall be provided with a sturdy mounting bracket.

Roof Hatch/Emergency Exit Hatch: A dual purpose safety, low profile roof vent shall be provided as detailed in the Roof Hatch section.

Blood Borne Pathogens Kit: Kit will be provided with a minimum of the following items. Latex Gloves (2 Pair), CPR Mask, Goggles, Apron, Disinfectant Wipes, Absorbent and Scoop, an ID tag and 2 red plastic bags with ties, high absorbency towels, paper towels, can of germicide cleaner, and congeal spill powder. Kit shall be contained in a mountable, heavy duty case provided by the blood borne pathogens kit manufacturer designed to seal out dirt and moisture and shall have a carrying handle and sturdy.

Drag Blanket: An Evac-Aide or equivalent type of heavy-duty drag blanket with built-in handles to assist in evacuating mobility impaired passengers under emergency conditions. Drag blanket to include storage pouch.

Fire Blanket: Blanket to provide protection when transporting a person to safety or to provide assistance in smothering small fires. Fire blanket to include storage pouch.

Web Cutters: Two per bus to be of the heavy duty variety similar to SafeCut from Tie Tech. Cutters to be supplied with Velcro attachments or hangers so they may be attached in areas of the recipient’s choice.

Engine:Gasoline engine shall be heavy duty truck type with quality bearings, pistons, and crankshaft designed for sustained full-load operation. The engine displacement shall be at least 329 cubic inches.

Engine shall be furnished with a large capacity full flow oil filter easily reached and replaced without removal of any major component. The oil dip stick and oil fill shall be accessible from outside each vehicle in order to make them easily reached for periodic oil level checks and filling.

An air cleaner of the dry-type is required. No device shall impede access through the interior engine cover, if one is provided with each vehicle.

Exhaust System:Exhaust system shall be chassis manufacturer supplied heavy duty, corrosion resistant exhaust system which meets or exceeds FMVSS and EPA noise level and exhaust emissions (smoke and noxious gas) requirements, including all State of Alabama requirements, whichever requirements are most stringent.

Fast Idle:The Fast idle system shall automatically increase the engine speed to approximately 1200 RPM. Fast speed idle shall engage when the vehicle is in Park.

Fastener Specifications:In accordance with 15 CFR part 280, all fasteners utilized in the assembly and construction of coaches, subassemblies or components procured under this Contract shall comply with all applicable Federal, State and local law ordinance and shall be appropriate for the intended application. All items covered by these specifications shall conform to applicable SAE, U.S.S. or Metric Standards and shall be of U.S. manufacture

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whenever available. No counterfeit fasteners will be accepted.

The Vendor shall procure and deliver fasteners made in the United States for use in the coach manufacturing process whenever available. The steel shall be of high quality and for use in general and critical applications. Standard hardware installed by the chassis manufacturer will be accepted.

All nuts, bolts, clips, washers, clamps and like fasteners shall be zinc or cadmium plated, phosphate coated or stainless steel to prevent corrosion.

Floor:Vehicle’s floor shall permit capacity for securing a minimum of two mobility aids and, if selected, options that increase capacity to three and four mobility aid users. The riser to the flat floor passenger area of the vehicle must be designed so there are no foot catching obstructions. The floor shall be designed and installed so any additional step beyond the passenger entry door step well minimizes the potential for passenger tripping. This shall include, but is not limited to, color contrasting edging on the transition from the vehicle entry area to the flat floor surface. The transition edge of the raised passenger area floor may be used as the standee line if this edge satisfies the specification detailed below.

Underlayment: All openings in the floorboards shall be sealed. The passenger area of the vehicle shall be fabricated using flooring underlayment which is ¾ inch thick minimum Space Age Synthetics board model 2661 or product with comparable r-value, strength and other features that will assure that the bus is compliant with FMVSS 302. The floor should be fire retardant and securely bolted to the vehicle sub floor.

Sub floor structure shall be designed and assembled for a minimum trouble free service life of five years. The sub floor structural members shall be made from steel with minimum yield strength of 36,000 psi or approved equal. Sub floor frame shall be mounted to OEM alternate frame spacers. Wheel house assemblies shall be made of corrosion resistant steel construction and fully welded to floor and side framework. Ample clearance under load and under all positions of the suspension and steering geometry shall be provided between the wheel housing and tires. Sub floor structure, especially at non-ambulatory seating areas behind the rear wheels, shall be designed to support curbside rear lifts, as specified, and up to two wheel chairs and non-ambulatory passengers at the maximum weight for which the lift is specified without floor failure.

Sub floor assembly shall be mounted to vehicle chassis utilizing rubber grommets or pads or OEM rubber puck mounts to help reduce the amount of road shock being transferred into the vehicle body.

Floor Covering: Passenger compartment floor is to be Altro’s Transflo Meta, Gerfloor or an approved equal. Covering shall be a minimum 2.2 mm thick, vinyl slip resistant floor covering comprised of aluminum oxide, silicon carbide and imbedded with PVC chips throughout. Bacteriostats will be incorporated throughout the vinyl covering. Top coating is not acceptable. Color shall be a light grey 22903 Storm by Altro, or approved equal color to match or complement the passenger seat frames and upholstery. The covering shall meet or exceed FTA’s minimum static coefficient of friction, (i.e. 06) under wet or dry conditions, pursuant to regulations under the Americans with Disabilities Act. A yellow safety vinyl standee line, a minimum of two inches wide and aligned with (i.e. drawn through) the rear of driver’s seat back, shall be installed consistent with the FMCSA’s standee line regulation such that it is a perpendicular to longitudinal access of the bus as detailed under 49 CFR Section 393.3.

Installation: Floor covering shall be cemented to the floor following the floor covering manufacturer’s recommendations for installation and adhesive to prevent bubbles and blisters which could create a safety hazard. All seams are to be heat welded to form a waterproof seal against moisture and dust infiltration. No cross-joints in the flooring will be allowed. The exposed edges of the floor underlayment and vinyl covering at all entrances will be trimmed with metal edge trim, securely fastened.

Edges: Per the ADA Accessibility Guidelines for Transportation Vehicles, all step edges, thresholds and the bearing edge shall have a band of color, running the full width of the step or edge, which contrasts from the step tread and riser with either a light-on-dark or dark-on light color scheme. The tread and step edge shall be bonded into one piece.

Coving: Coving material is to be installed in a manner that forms a water and dust tight seal with the floor underlayment and covering. The coving shall be backed with a poly vinyl chloride material that will provide

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rigidity and be assembled in a manner that presents a smooth and durable transition from the floor covering to the passenger area sidewalls. The cove molding shall be on continuous piece along each wall, except when interrupted by such items as mobility lift door and door openings. Molding shall be coved to run up the side wall four to six inches. If floor covering is used as a coving between the floor and the wall mounted seat track, it must be supported with a backing material.

Frame:Shall be constructed of sufficient weight and strength to support the maximum gross vehicle weight rating specified by the manufacturer. Final stage manufacturer shall only lengthen frame by following Chassis OEM guidance. The frame, at the non-ambulatory seating area shall be designed to a support curbside front lift, as specified, and up to two wheel chairs and non-ambulatory passengers. Weight for each non-ambulatory placement shall be calculated at the 200 pounds for each mobility aid/non- ambulatory passenger combination.

Fuel Tank:The chassis OEM fuel system and standard tank size shall not be modified. Thirty five gallon (minimum) or larger installed fuel tank, meeting EPA and CARB standards. The fuel tank shall be securely mounted to the bus to prevent movement during bus maneuvers

Gross Vehicle Weight Rating:The weight of the fully loaded vehicle shall not exceed the gross vehicle weight rating (GVWR). A fully loaded vehicle equals the weight of the vehicle equipped to meet these specifications, verified by a weight ticket, plus the weight of the driver and passengers, estimated at 150 pounds for each ambulatory placement. Weight for each non-ambulatory placement shall be calculated at the 200 pounds for each mobility aid/non-ambulatory passenger combination.

Interior:The interior shall have full trim including full length one-piece or sectional headliner, side and rear lower panels and window molding. Inner lining panels shall be gel-coated fiberglass reinforced plastic or Carlsbad Smoke and London Smoke ceiling and sidewall panels, or equal. All interior panels shall be flame retardant, nontoxic, treated to be easily cleaned and meet FMVSS 302. Panels should be a satin or pebble finish with backing and/or fiberglass reinforcement to withstand temperature extremes without damage, cracking or deformation. All interior panels shall extend full-length longitudinally, where practical. All exposed edges shall be beaded, hemmed or flanged with the rearward components lapped over the forward components. Any interior paint trim shall use high solid, low VOC polyurethane enamel or shall be powder coated with a highly durable material.

All ceiling and sidewall panels shall be scuff and scratch resistant. All sharp corners, edges and protruding hazardous surfaces shall be eliminated. There shall be no open seams between trim panels.

Lights (Interior):Adequate and ADA compliant lighting shall be provided inside the vehicle in both the passenger and driver areas. All lighting controls shall be located within easy reach of driver’s seat. The interior lighting system shall provide bright floor surface illumination in the entryway and aisle. A separate overhead lamp shall be provided for the driver’s use and a driver courtesy light shall light when driver door is open. A row of LED lights with a dome (or flush with surface) shall be provided above the passenger seats on both sides of each vehicle. All lamps shall operate with or without the engine running, and the entrance steps shall be automatically illuminated whenever the entrance doors are open, day or night,and conform to 49 CFR Part 38 Subpart B 38.31.

The step well of the passenger service door immediately adjacent to the driver shall have at least two foot-candles of illumination measured on the step tread when the door is open. Other doorways, including the mobility aid user access doorway, shall have, at all times, at least two foot-candles of illumination measured on the step tread, or lift, when deployed at the vehicle floor level. Each vehicle doorway, including the lift doorway, shall have an outside light(s) which, when the door is open, provides at least one foot-candle of illumination on the street surface for a distance of three feet perpendicular to all points on the bottom step tread outer edge. Such lights shall be located below window level and shielded to protect the eyes of entering

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and existing passengers.

Lights (Exterior):All outside lighting, including body mounted or transit vehicle manufacturer installed lighting fixtures, must be LED, with the exception of headlights and OEM turn signals. All exterior lights shall conform to the State of Alabama and U.S. Department of Transportation requirements and meet the requirements of FMVSS/DOT specifications. Specifically, the exterior lighting system shall conform to the requirements of FMVSS 108 and 49 CFR Part 38 Subpart B 38.31. Required lights include the following:

A. Rear mounted, red combination brake/tail lights: With 4 inch diameter or larger of lighting area minimum per light. Lights shall be constructed of highly durable sockets.

B. Combination marker and clearance lights: With highly durable sockets and lights documented to resist vibration, corrosion and moisture.

C. Mid-body turn signals: Mounted on the left and right sides of bus body.

D. Center mounted rear brake light: Installed above the rear emergency exit door or window in compliance with requirements for new passenger vehicles.

E. Daytime running lights

F. Back-up or reverse lights and audible warning device

G. Emergency hazard flasher (a.k.a. Four-way): Unit must withstand repeated daily use. Emergency hazard flasher wiring shall utilize the turn signal bulbs in lieu of the brake light bulbs and enable these hazard lights to continue flashing when brakes are applied.

Mirrors:Mirrors shall meet SAE recommend standards and 49 CFR 393.80, as appropriate. Mirrors must comply with FMVSS.

Mobility Lift:The lift shall be mounted on the vehicle in such a manner that cutting of structural members is not required. The lift shall be constructed so as to clear the side of the vehicle without extensive, if any structural body modifications. The lift doors shall be double out doors, capable of being locked from the outside.

Installation of the mobility lift assembly shall not cause excessive unbalanced loading of the vehicle. The installed lift shall be free from rattles and other objectionable noises in the stowed position when the vehicle is operated over rough roads. The design and installation shall minimize metal to metal contact points. Adequate restraints or padding shall be supplied to ensure the quiet riding of the lift in the stowed position.

Requirements: The lift shall have a platform, which can be raised and lowered to a fully cantilevered position and of sufficient strength to support an 800 pound load. All power units, operating joints, linkage and mounting points to the body shall be certified by the manufacturer as being adequate for the specified 800 pound load. The platform shall have a provision for mechanically (interior & exterior roll stop barriers) holding the wheelchairs in place as they are raised or lowered. Throughout the range of lift operation, all edges of the platform surface and the visible edge of the vehicle floor or bridging device must be outlined in a minimum of 1 inch wide outlines that contrast greatly with the background color (e.g.; bright yellow outlines on a black platform surface.) A passenger handrail shall be provided on both sides of lift platform. All pulleys, chains, cables, hydraulic cylinders, etc., when provided, shall be fully enclosed.

Power: Power unit shall be 12 volt electro-hydraulic or electro-mechanical operated. Power unit shall be capable of operation in temperatures to -20F degrees and shall be readily accessible for maintenance. Lift shall incorporate a power fold mechanism for the platform. The lift shall be power-up and gravity down. The lift shall be equipped with a hand pump for powering the lift up and down in the event of power failure. The lift platform shall also have an automatic stop and hold mechanism to prevent free falling or folding faster than 12 inches per second in the event of a power failure or equipment failure. The controls shall be interlocked with the vehicle brakes, transmission or door, or shall provide other appropriate mechanisms or systems to ensure

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that the vehicle cannot be moved when the lift is not stowed and so the lift cannot be deployed unless the transmission is in park and the emergency break is completely set. A red warning light shall be located on the driver’s instrument panel and shall activate when the mobility lift door is not secure. A hand held lift control and hanger shall be provided with a minimum 5 foot cord attached. Adequate provisions for safely storing the lift controls and securing the cord so as to not get caught in the lift or the door shall be made.

The lift must meet all ADA requirements as delineated in the Federal Register, Part IV, Department of Transportation, 49 CFR Parts 27, 37, and 38, Transportation for Individuals with Disabilities, Final Rule, Friday, September 6, 1991, and the FMVSS regulation as delineated in the Federal Register, Part IV, Department of Transportation, 49 CFR Part 571, Federal Motor Safety Standards; Platform Lifts System for Accessible Motor Vehicles, Platform Lift Installation on Motor Vehicles; Final Rule, Friday, December 27, 2002. Platform shall have a usable minimum width of 34 inches and a minimum depth of 51 inches. Failure of the lift to meet the ADA and FMVSS requirements, including FMVSS 403 and 404, will be cause for the vehicle to be rejected.

Mud Flaps: Securely mounted mud flaps, front and rear, are required.

Passenger Assists – Padded Stanchions, Handrails and Modesty Panels:All handrails, stanchions and modesty panels shall be designed to meet current ADA accessibility guidelines and shall permit sufficient turning and maneuvering space for wheelchairs and other mobility aids to reach a securement location from the lift or ramp and rear of the left door.

Passenger Restraints for Mobility Aid Users and Mobility Aid Securement Systems:Each mobility aid user securement position shall be forward facing. Each of the mobility aid user positions required shall be equipped with a passenger restraint and mobility aid securement system. The system shall offer safety and ease of deployment features as offered by Q-Straint’s QRTMAX model or equal.

Anchorage points on the bus sidewall and floor shall use permanently installed L-Track or equal that may also be used to mount the ambulatory passenger seats in the floor. The anchorage fitting used to attach each retractor to the L-Track shall be a four-stud fitting with a double-stud plunger which each retractor is attached to shoulder “L” tracks to be mounted to the rear wall or as far rearward as possible on the driver’s side wall.

The restraint system for each mobility aid user shall be self-retracting to prevent tripping hazards, belt damage or contamination.

The securement system for each mobility aid shall be self-tensioning and self-locking using retractors (i.e. without tightening knobs). Securement device shall remain in the locked (latched & secured) position under all normal and crash conditions. The system required must retract belts, such that each is out of the way when not in use. L-Track securement sections must be recessed below the surface of the floor to minimize tripping hazards and track edges shall be filed or edges trimmed to provide a neat, clean appearance. Belt and track equipment must meet FMVSS 208, 209 and 210.

Each wheelchair location shall be equipped with pelvic-high, lap-type safety belts to secure the passenger in wheelchair. Vendor will supply written or video instructions on the use of the restraint system.

Mobility aid user positions and foldaway seats should be interchangeable with maximum ease and safety to both ambulatory and non-ambulatory riders.

Successful Bidder shall certify that wheelchair securement has met or exceeds all applicable ADA requirements and Federal and State Motor Vehicle Safety Standards and has been mounted in accordance with the manufacturer’s specifications.

Passenger Seating Capacity:The vehicle must be capable of accommodating a driver, two mobility aid users, using standard wheelchairs, and the specified number of ambulatory passengers seated in passenger seats, installed as specified. Two passenger, fold up, forward facing seats shall be installed on the driver’s side of the mobility aid user positions to accommodate ambulatory passengers when one or both of the mobility aid user positions is not occupied.

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Fold-up seats shall be mid back seats with integrated lap seat belts.

Vendors are invited to bid vehicles configured with different seating and lift placements (i.e. floor plans), in lieu of the BID ITEM floor plan, as options.

Power Steering:To be equipped with integral-type hydraulic assisted OEM power steering and shall incorporate an OEM factory installed tilt wheel feature and cruise control.

Radios and Speakers:Electronic AM/FM stereo with channel scan, memory and digital station selection and with CD and clock radio, OEM or equal dash mounted, with two front speakers. Transit vehicle manufacturer shall install wiring from the radio to two additional stereo speakers that are compatible with and which provide audio quality comparable to the OEM speakers within the passenger area.

The speakers shall be positioned to provide balanced audio coverage within the vehicle. At least two speakers shall be mounted near the middle of the passenger area and protected from damage with a covered enclosure with all wring concealed. A balance control for the front and rear speakers shall be provided and located within easy reach of the driver.

Transit vehicle manufacturer shall install control to permit adjustment of sound volume independently for the driver and passenger areas.

Roof Hatch:The vehicle shall be equipped with a minimum of one roof ventilation/emergency escape hatch. Additional emergency escape hatches shall be installed, as necessary, to meet the requirements for the specified bus length. The hatch shall have a minimum opening of 23 inches by 23 inches and shall meet all FMVSS 217 requirements. Hatch shall have a release handle permitting operation as an emergency exit and shall be marked as an emergency exit and with instructions for proper use.

Seating (Driver):Type: Multi-position,with cut-away driver’s seat with a wide seat back, mechanically adjustable lumbar, infinitely adjustable back, adjustable headrest, solid pan backrest, bilateral adjustments, fore/aft adjustments and front adjustable, flip-up, right side armrest, forward and rearward adjustments and reclining feature. The driver’s seat must be fully adjustable its entire travel distance and not be stopped by the stanchion at the rear of the driver’s seat or the passenger area floor behind the driver’s seat.

Seatbelt: The three point, seatbelt assembly shall be a combination of pelvic and upper torso-restraint (Type 2) with retractors. The seatbelt assembly and seatbelt anchorages shall conform to the requirements of FMVSS Nos. 207, 208, 209 and 210.

Upholstery: Color shall match the predominant color of the passenger seats. All material used in the upholstery of the seat shall meet FMVSS302.

Seating (Passenger - Ambulatory)

Type: Seats shall have mid-height seat backs and contoured seat and back cushion for comfort and support. Passenger seat frame shall be constructed of steel and all seats must have been tested to meet FMVSS 210. Seat installation shall meet FMVSS 207 standards.

Seat Belts: Each seat position shall be equipped with a passenger restraint system, which meets current FMVSS requirements, intended to hold passengers in a secure seated position during normal operations. Seat belts shall be permanently bolted to the set frame assembly. Each restraint belt and installation shall meet all applicable FMVSS standards including 207, 208, 209 and 210. The installation of the seat belts shall have no twisting, binding or bunching of the seat belt web material.

All seat belts shall be the under seat retractor. The passenger seats, frames and seat belts should operate as a complete system. All seat belt retractors must be permanently located under or behind the seating position.

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All seat belts must be user friendly, easy to operate, lightweight and durable with metal buckles.

Grab Rail: A black plastic, standard top mount grab rail on top of each mid-back or mid-hi seat position shall be located to assist passengers in being seated or in rising from a seated position. The diameter of the grab rail shall be no less than 1 ¼” and no greater than 1 ½”.

Arrangement: Arrangement of seats shall be spaced to provide maximum seating capacity. The following dimensions shall be used:14 inch minimum aisle17 inch minimum seat depth29 inch minimum center to center seat row spacing

Upholstery: All material used in the upholstery of the seats shall meet FMVSS 302. All passenger seats must be color coordinated with the driver’s seat and the interior vehicle color.

Foldaway Seats: Foldaway seats shall be provided. Floor plan shall permit ambulatory passengers to be seated when one or both of the mobility aid users’ positions are not being used. Each foldaway seat shall be forward facing and have a mid-high back with an integrated, retractable lap seat belt. Foldaway seats must meet or exceed all applicable Federal Motor Vehicle Safety Standards including FMVSS 207, 210 and 225 seat belt certification testing. The underneath area of the seat shall appear finished without exposed seat springs or seating material and include a seat instruction plate.

Shock Absorbers:Shall be heavy-duty and load rated, capable of controlling the ride when the vehicle is empty, as well as when loaded to the GVWR

Signing and Decals:All signs required by state and federal law regarding safety and operating procedures shall be affixed to each vehicle exterior and interior. Signs and decals shall be durable and fade-, chip- and peel- resistant. Signs and decals shall be placed in appropriate locations on each vehicle to clearly identify or announce:

“EMERGENCY EXIT” Windows, roof hatch and door, as specified herein.

“NO SMOKING” with at least two decals, one visible to passengers boarding each vehicle and the other visible to forward facing passengers.

Two International Accessibility Symbol decals, approximately six inches square, depicting a passenger using a wheelchair in white color against a blue background shall be placed, by the manufacturer, on each vehicle in concurrence with ADA regulations. Placement must not distract from lettering/paint scheme.

“MOBILITY AID SECUREMENT” location decal sign shall be affixed on a highly visible flat surface near each wheelchair securement position shown in the seating layout for each vehicle. Characters on these signs shall be of the same size, spacing, and contrast as delineated for priority seating for persons with disabilities.

“WARNING: ALLOW CLEARANCE FOR LIFT OPERATION” decal sign shall be prominently displayed in full view of persons standing outside the vehicle within ten feet of the lift door.

Springs:Springs to be sized for the type, size and use of the vehicle. Springs should be adequate to prevent leaning or sagging, especially on the mobility lift side of the rear axle.

Steps and Step Well:Step treads shall be at least 8.5 inches deep. With the vehicle at its curb weight and parked on a level surface, the step height as measured from the ground to the top of the first step shall be no more than 12 ½ inches. Individual risers shall be no greater than 10 inches, and in the case of more than one riser, all step risers shall be the same height.

Step well shall be modular design, 12 gauge (minimum) galvanized steel, galvaneal, hot rolled steel or carbon

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steel treated to prevent the effects of corrosion over the life cycle of the vehicle and shall be smoothly and continuously welded into the bus body structure. Step well shall be adequately reinforced to prevent permanent deformation or elastic deflection of no more than .12 inches when either step is loaded with a 300 pound static load. Step well shall be completely enclosed and weather tight when the passenger doors in the closed position.

Edges: Per the ADA Accessibility Guidelines for Transportation Vehicles, all step edges, shall have a band of color, running the full width of the step or edge, which contrasts from the step tread and riser with either a light-on-dark or dark-on light color scheme. The tread and step edge floor covering shall be bonded into one piece.

Suspension:Front Suspension: Shall be chassis OEM with heavy duty shock absorbers and stabilizer bar. Front shock absorbers shall be load rated for the size of bus and capable of controlling the ride when the vehicle is empty as well as when loaded to GVWR. Front end alignment will be required on the TVM after the bus is completed and prior to delivery to the customer. Adjustments shall be made based on fully loaded vehicle to proper camber, caster and toe-in as elements of the front end alignment. A dated and verifiable computer print out which details readings taken before and after the alignment shall be provided upon delivery of each vehicle.

Rear Suspension: Shall be OEM with stabilizer bar, OEM, IPD brand or approved equal, and reinforcement to compensate for added weight of Mobility Aid User Lift and occupied non-ambulatory passenger placements. Weight for each non-ambulatory placement shall be calculated at 200 pounds for each mobility aid/non-ambulatory passenger combination.

Throttle:An auto throttle system that senses when the electrical current draw exceeds alternator and increases the engine idle RPM while the vehicle is stationary, the transmission is in PARK and the engine is idling.

Tilt Steering: OEM, standard.

Tires:Vehicle shall be equipped with seven (six plus one spare) premium, tubeless, steel belted, black sidewall all-weather radial tires, the largest size available from the OEM for the GVWR of the specified vehicle. The weight distribution of the vehicle, with maximum load, shall not load the tires beyond their rated capacity. The inside dual tires mounted on the rear axle shall have air valve extensions. One appropriate size jack will be provided with the spare tire in the vehicle. The jack shall be securely mounted so as to not detach in an accident situation and shall be placed in an easily accessible location. Spare tire to be supplied loose in the vehicle.

All tires shall be electronically spin balanced to a minimum speed of 65 MPH.

Transmission:The transmission shall be a heavy-duty, automatic, including overdrive, compatible with the engine specified. A chassis manufacturer’s heavy duty transmission oil cooler shall be provided if it is available from the chassis manufacturer. Aftermarket oil cooler shall not be accepted. An oil pan with magnetic drain plug and re-usable gasket shall be provided if it is available from the chassis manufacturer. Aftermarket oil pan shall not be accepted.

Undercoating:The entire body/frame under structure of the vehicle, which includes the floor members, the side panels below floor level and the fender wells, shall be fully undercoated at the time of manufacture with nonflammable, resin-type material polyoleum or equal. Any undercoating must comply with applicable Federal standards. All openings in the floor boards and firewall shall be sealed. Fenders and splash aprons (underskirt) of durable construction shall be provided to offer maximum deflection of the wheel splash

Weight Analysis:A weight analysis must be submitted with each bid. This shall include the base vehicle weight and the weight of each of the optional items. Bids submitted without weight analysis will not be considered.

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Wheelbase:The vehicle wheelbase shall be sufficient to accommodate the seating configurations required while meeting applicable Federal and State safety requirements and chassis manufacturer’s specifications for weight distributions. Minimum wheelbase is estimated at 138 inches and the maximum wheelbase is estimated at 196 inches.

Wheels:Vehicles shall be equipped with the heaviest duty, 16 inch minimum, one piece, ventilated steel wheels recommended for the GVWR and tires specified. Seven wheels shall be furnished including dual wheels at the rear axle and spare. Wheels are to be powder coated or electro coated with a white, rust resistant finish which matches the predominated color of the vehicle. Painted wheels are not acceptable. Inside wheel on dual rear axle shall have an air valve extensions thru the outside wheel. .

Wheel Housing:Housing shall provide ample clearance for operating the fully loaded vehicle with tire chains and with unrestricted steering. Fenders and splash aprons of durable construction shall be provided to provide maximum deflection of the wheel splash.

Windows:Safety Requirements: All windows and glazing shall meet all applicable Federal and State Motor Vehicle Safety Standards. All glazing materials shall conform to the requirements of FMVSS No. 205. All windows shall be of the highest quality and shall conform to the requirements of FMVSS No. 217 and emergency egress shall be provided as specified in that standard.

Passenger compartment windows provided the full length of the vehicle will be 24 inches wide by 30 inches minimum, smoked, tempered, safety glass. A minimum of one egress window will be provided per side and equipped with emergency release latches to provide an emergency exit. Additional egress windows shall be provided to meet requirements required for the specified bus length. Decals with release instructions as to their use shall be provided and shall be permanently fastened on the inside of the vehicle, located near the release handles.

Factory tinted windows shall be used instead of after market add-on film. The total light transmission of all passenger compartment windows, including the rear window, shall not be less than 31 percent when a sun screening device is used in conjunction with safety glazing materials or other existing screening devices. A minimum of 31 percent of the light shall be transmitted through to the passenger compartment of the vehicle, with a maximum of 69 percent of the light being reflected back to the exterior of the vehicle.

Side Windows: In passenger area shall be top, T-slide type, with locking feature, to allow for ventilation and provide a clear view to the outside. All side windows shall be easily replaceable without disturbing adjacent windows and shall be mounted so that flexing or vibration from engine operation or normal road noise is not apparent. All side and rear passenger windows shall have black anodized aluminum frames and weep holes for moisture on the body exterior.

Curb Side Blind Spot Window(s): A full, fixed, tempered glass, right-side window(s) is/are shall be provided in the transition panel between the windshield and the ambulatory passenger door to improve driver visibility to the right and near the curb. The body panel partition between the transition window and entrance doors shall be as narrow as possible to maximize the driver’s view of the area aroundthe entrance door.

All windows, especially emergency exit windows, shall be fitted with durable, firmly installed, weather seals to eliminate rattling and prevent the entrance of air, dust and water, including spray from commercial vehicle wash equipment and driving rain. Materials used for weather seals shall be designed to withstand varying temperature extremes, road splash, salt and other exterior elements without cracking, leaking, loosening or deteriorating.

Windshield:The windshield and driver door shall be OEM glazed with laminated glass and uniformly tinted in conformity

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with FMVSS 212 and other Federal Safety requirements. Windshield shall have a heavier tint band above eye level, if available from the factory. The windshield will permit a driver’s field of view as referenced in SAE recommended practice J1050. The driver’s side window shall open sufficiently topermit the seated driver to easily adjust the left outside rear view mirror.

Windshield Wipers, Washers and Fluid Reservoir:Dual, electrically driven wipers, with intermittent and other speed settings, and washers shall be furnished. The washing fluid reservoir shall have a minimum one gallon capacity.

Wiring and SchematicsDetailed wiring schematic for chassis, as well as the bus body, shall be provided. The wiring shall be as follows:

Original manufacturer’s vehicle wiring shall remain unchanged to the greatest extent practicable consistent with the requirements of these specifications. All general purpose wires shall be vinyl insulated and shall be of OEM quality and gauge or equivalent. All wiring shall meet SAE standards, and shall be color coded and number coded at least every 18 inches and permanently labeled to identify their function. Battery cables shall be I/O gauge with minimum of 0.075 inch wall plastic insulation. All wiring shall be of sufficient size to carry the required currents without excessive voltage drop. All wiring shall be run inside the body in a protected area. All wiring shall be in a loom and securely clipped for maximum protection. Clips shall be rubber or plastic-coated to prevent them from cutting the wiring insulation. Any electrical connections exposed to the elements must be of a waterproof design. Convoluted, black plastic loom type tubing may be used but should not be considered waterproof.

Circuit box for fuses and relays (other than chassis OEM): Fuses and relays shall be placed in a single circuit box which is easily accessible by the driver. The circuit box shall be conveniently mounted, have a secure cover and be lockable. A legend shall be located inside the circuit box cover identifying each circuit and wire by color, number, function and location. This legend shall be permanently mounted. Electrical panels shall be Precision Works or equal.

Wiring – Ground Plane and Additional:Wiring shall be installed for future installation purposes of a two-way radio system. Circuits shall include a ground plane and shall consist of one fused 20 amp positive lead and one negative lead. Positive circuit shall have power only when the OEM ignition key is in the ON or ACCESSORY position.

Miscellaneous Technical Specifications:There shall be no sharp corners on the unit. All corners shall be slightly rounded and filed smooth.

All welds shall have 100 percent penetration. All welds shall be free of slag inclusions and undercut. Filled weld sizes shall be equal to the thickness of the least of the joined plates.

All material installed shall be new and free of rust.

No wires shall be visible on the exterior or interior of the vehicle. All under carriage wiring shall be contained in adequate housing so as to prevent damage from the elements, especially mud, snow and salt.

All units shall be thoroughly cleaned and weather sealed before inspection and delivery. Tests shall be performed to ensure that the unit is dust proof, watertight and fume proof.

All holes, not used by the manufacturer to install OEM equipment shall be covered with a cover of plug matching adjacent colors.

Section 31: Bid Evaluation and Award

Award of this invitation to bid will be made to the lowest responsive and responsible bidder for the Vehicle meeting or exceeding the equipment specifications specified herein.

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The SARPC reserves the right to request any additional information it deems necessary from the apparent low bidder to determine bid responsiveness or bidder responsibility prior to awarding this invitation to bid. The SARPC will not allow a bidder’s failure to submit all requested information within the prescribed timeframe to delay the award of this bid.

Please note: Bid items for additional vehicle options will NOT factor into the award evaluation.

Section 32: Bid Submission Forms

The following seven (7) bid submission forms (beginning on the next page) should be submitted along in the bidder’s completed and submitted bid package. Where noted, bid submission forms must be notarized.

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AFFIDAVIT

Pursuant to Sections 663.41 and 663.43 of 49 CFR chapter VI, I hereby certify that (Check A or B.):

(A) All vehicles proposed in this bid will comply with all relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in 49 CFR part 571 when delivered to the recipient agency.

OR

(B) All vehicles proposed in this bid are not subject to the Federal Motor Vehicle SafetyStandards issued by the National Highway Traffic Safety Administration in 49 CFR part571.

Signature Title

Company

Date

Sworn to and subscribed before me this day of , 20 .

Notary Public

Commission expires(Seal) , 20

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BIDDER CERTIFICATE STATEMENT

1. If the bidder is not the parent company, insert below the name and main office address of the parent company. (A parent company is one that owns at least a majority, fifty-one percent, of the voting rights and/or assets in that company.)

COMPANY NAME:

ADDRESS:

CITY, STATE ZIP:

I, , (authorized official - typed) (title)

for , the bidder, attest to the(Company name)

authority of to submit this bid proposal(executing agent - typed) on behalf of the bidder and the parent company if other than the bidder.

(authorized official - signature)

2. The bidder hereby certifies that they are not included on the United States Comptroller General’s list of persons or firms currently debarred for violations of various public contracts incorporating labor standard provisions.

3. By submission of this bid, each bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid, each party certifies as to its own organization, under penalty of perjury, that to the best knowledge and behalf:

a) The prices in this Bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition as to any other matter relating to such prices with any other Bidder or with any other competitor.

b) Unless otherwise required by Law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder prior to any competitor; and,

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BID SUBMISSION FORM 2 (continued)BIDDER CERTIFICATE STATEMENT

c) No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition.

(Signature)

(Company)

(Title)

(Date)

Sworn to and subscribed before me this day of , 20 .

Notary Public

Commission expires(Seal) , 20 .

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BID SUBMISSION FORM 3BIDDER INTEGRITY CERTIFICATION Certification

Regarding Debarment, Suspension and OtherResponsibility Matters

The undersigned certifies to the best of their knowledge and belief that

(Company Name) and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

(2) Have not within a three year period preceding this transaction been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicated for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated in paragraph (2) of this certification; and

(4) Have not within a three year period preceding this transaction had one or more public transactions terminated for cause or default.

certifies or affirms the(Company Name)

truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801 ET S E O. are applicable thereto.

(Signature)

(Title)

(Date)

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BID SUBMISSION FORM 4CERTIFICATION OF RESTRICTIONS ON LOBBYING

The undersigned hereby certifies 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 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.

(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, 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.

(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 subcontracted, sub-grants, and contracts under grant, 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 is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. 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.

Executed this day of , 20 .

(Signature)

(Title)

(Date)

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BID SUBMISSION FORM 5BUY AMERICA CERTIFICATION

VENDOR COMPLIANCE/NON-COMPLIANCE SELF-CERTIFICATION

A. Certification of Compliance With 49 U.S.C. 5323(j)(2)(C)

The bidder or offeror hereby certifies that it will comply with the requirements of 49U.S.C. 5323(j)(2)(C) and the regulations at 49 CFR Part 661.

DATE:

SIGNATURE:

COMPANY NAME:

TITLE: OR

B. Certification of Non-Compliance With 49 U.S.C. 5323(j)(2)(C)

The bidder or offeror hereby certifies that it cannot comply with the requirements of 49U.S.C. 5323(j)(2)(C), but may qualify for an exemption pursuant to 49 U.S.C.5323(j)(2)(B) or (j)(2)(D) and the regulations in 49 CFR 661.7.

DATE:

SIGNATURE:

COMPANYNAME:

TITLE

A proposed list of Buy America components should be submitted in the bidder’s completed bid package showing how the 60% Buy America requirement will be met.

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BID SUBMISSION FORM 6TRANSIT VEHICLE MANUFACTURERS CERTIFICATION OF

COMPLIANCE WITH 49 CFR PART 26DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION

This procurement is subject to the provisions of 49 CFR Part 26.49. Accordingly, the following certification should be completed and submitted with in the bidder’s completed bid package.

, a Transit Vehicle Manufacturer, hereby

certifies that _(Nameof Manufacturer) has complied with the DBE regulatory requirements of 49 CFR Part 26.49 addressing transit vehicle manufacturers. The required DBE certification information has been submitted to the Federal Transit Administration.

The _ (Name of Bidder), hereby certifies that the above manufacturer of the transit vehicle(s) to be supplied ,

(Name ofManufacturer) has complied with the above-referenced requirements of 49 CFR Part 26.49.

Signature: DateAuthorizing Official for Bidder

Typed Name:

Title

Name of Firm:

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BID SUBMISSION FORM 7FMVSS/BUS TESTING CERTIFICATION

VENDOR PRE-AWARD SELF-CERTIFICATION

The undersigned hereby certifies that the transit vehicle(s) to be provided through this contract meet all applicable Federal Motor Vehicle Safety Standards and bus testing requirements, if required.

A complete copy of the final bus testing results should be included in the bid package.

DATE:

SIGNATURE:

COMPANY NAME:

TITLE:

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PROPOSAL CONTENTProposers are required to submit the following information. Failure to respond to each item may render the Proposal non-responsive, causing it to be rejected. Contents of Proposals shall be as follows:

A. Cover LetterThe cover letter shall state the Proposer’s name and summarize the main qualifications of the firm.

B. Vehicle Questionnaire (page 32) and Warranty Information (page 35) Floor plan of vehicle

Any and all exceptions to the technical specifications must be noted

Delivery Schedule

C. ExperienceProvide a description of the firm’s experience in similar conversion projects and qualifications of individual/firm and any proposed subcontractors to perform these services. Include a description of the firm’s quality control management.

D. General Information Form and CertificationsComplete all the forms and certifications included with this ITB.

F. Altoona Test Include a copy of Altoona test certification results.

G. Financial statementA statement indicating financial stability and capability to obtain resources to fully comply with all warranty and other obligations.

H. Cost WorksheetThe completed attached cost worksheet describing the proposed vehicle to be converted and accompanying accessories, along with the dealer’s information must be submitted.

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Vehicle QuestionnaireLight Duty Buses

Please complete this form.

GENERAL DATA SHEET:

Bus Vendor:

Bus Manufacturer:

Bus Model Number:

Basic Body Construction Type:

Altoona Test Life (years/miles):

Production Location: _

Warehouse and Service Locations:

General DimensionsOverall length Bumper to Bumper (including bumpers) feet inches

Overall width Body, excluding mirrors and lights feet inches

Body, including mirrors feet inches

Overall exterior height (maximum) feet inches

Interior height (center of aisle) feet inches

Interior aisle width feet inches

Wheelbase Length (front axle to rear axle) feet inches

Passenger Door inches inches inches

Lift Door inches inches inches

Front axle floor height above ground (centerline of bus) inches

Center axle floor height above ground (centerline of bus) inches

Rear axle floor height above ground (centerline of bus) inches

Step height from ground (measured at center of doorway) inches

Aisle widthMinimum width on floor between first axle wheel housings inches

Minimum width on floor between rear axle wheel housings inches

Wheel baseFirst axle to center/rear axle inches

Center axle to rear axle inches

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inches inches

Gallons / Gallons

33

CapacityTotal number of passenger sittings

Passenger seating manufacturer/model number

Minimum hip to knee space

Maximum hip to knee space

Seatbelt system type and model number

Driver’s seat manufacturer/model number

Chassis ManufactureCertified Weigh of Bus - Total

Curb weight Curb weight plus seated load* GVWRFirst axle lbs lbs lbs

Rear axle lbs lbs lbs

Total lbs lbs lbs* Including operator and ambulatory passengers at 150 lbs per person, non-ambulatory placement at200 lbs per placement

EngineManufacturer

Type/Model

number/version

Horsepower/torque rating

Fuel tanks (liquid fuels)Capacity (total and

usable)

Construction material

Quantity and location of

tanks

□ Transmission / □ Hybrid drive system (check one)

Manufacturer

Type

Model number

Number of forward speeds

Traction motor horsepower rating

Type ventilation/cooling

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Wheels

Manufacturer

Type

Size

Mounting type

Bolt circle diameter

Protective coating

Tires

Manufacturer

Type

Size

Load range/air pressure

Door SystemDoor panels Manufacturer TypeFront doorActuating mechanism (air, electric, spring, other)Manufacturer

Front door

Mobility Lift Door InterlockManufacturerModel

Mobility Aid LiftManufacturer

Type (hydraulic, electric or both)

Model number

Capacity (lbs.)

DimensionsWidth of ramp inches

Length of ramp inches

Mobility Aid Securement DevicesManufacturer

Model

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Warranty Stations, Contractor Service and Parts Support DataLight Duty Buses

If location varies with end recipient location, bidder shall submit multiple forms.

Location of nearest Warranty Station Representative to AgencyName: Address: Telephone:Describe warranty services readily available from said representative:

Location of nearest Technical Service Representative to AgencyName: Address: Telephone:Describe technical services readily available from said representative:

Location of nearest Parts Distribution Center to Agency:Name: Address: Telephone:Describe the extent of parts available at said center:

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INVITATION TO BID 2021-5310-01PROPOSAL BID PRICE

Date:________________________________

Mail Sealed Proposals To:

South Alabama Regional Planning CommissionTransportation Department110 Beauregard Street, Suite 207Mobile, AL 36602

Vendor Name:_________________________

Address:_______________________________

______________________________________

City:__________________________________

State:________________ Zip:_____________

Authorized Name:______________________

Title: ________________________________

Signature:____________________________

Date:________________________________

DESCRIPTION UNIT PRICE TOTAL PRICETransit quality paratransit vehicle manufactured on light duty chassis with provision for stand-up entry, provision for 14 passengers with no wheelchairs (with flip seats) or 12 ambulatory passengers plus 2 wheelchair positions along with the wheelchair lift and tie downs.

VEHICLE MAKE & MODEL GVWR # OF DELIVERY DAYS AFTER RECEIPT OF PO

ENGINE MAKE ENGINE MODEL/DISPLACEMENT

Number of months of warranty, A/C: Number of miles of warranty, A/C:

Number of months of warranty, Chassis: Number of miles of warranty, Chassis:

Number of months of warranty, Body: Number of miles of warranty, Body:

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INVITATION TO BID 2021-5310-01PROPOSAL BID PRICE

OPTION DESCRIPTION COST

OPTION 1 LAP AND SHOULDER BELT

OPTION 2 ADDITIONAL WHEELCHAIR AREA SEATING

OPTON 3 UPGRADED SEAT FABRIC

OPTION 4 SPARE TIRE RACK

OPTION 5

OPTION 6

OPTION 7

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SOUTH ALABAMA REGIONAL PLANNING COMMISSION OFFICE OF CONTRACT

SALES PURCHASING SERVICES

INST R UCT I ONS, T ERMS A N D C O NDITI ON S FOR BI D D I NG

1. The original bid response must be submitted in a sealed envelope (envelope means any type of sealed, opaque container) with the bid number clearly marked on the outside of the envelope. If bidder is using an “Express Mail” or similar type of service, the bid response must be contained in a sealed envelope within the “Express” mailer (the bid number must be listed on the exterior of the sealed envelope contained within the “Express” mailer). A bid that is not properly and clearly marked and is inadvertently opened, before the scheduled bid opening time, may be disqualified without additional consideration.

2. The original bid response (unless otherwise stated, hereinafter referred to as "bid") must be submitted to SARPC Transportation Department on or prior to 10:00 a.m, on the scheduled day of opening as listed on the Invitation to Bid (ITB). Bids must be delivered to: South Alabama Regional Planning Commission, Transportation Department 110 Beauregard Street, Mobile, AL 36602. For hand delivery of bids, the Transportation Department, is located on the 2ndt floor of the building. Bids shall be considered late if not delivered by 10:00 am. Delivery to any other location, does not constitute bid being received by SARPC Transportation Department. Bids submitted with insufficient postage will not be accepted. Bids will be received during regular business hours, 8:00 a.m. - 4:30 p.m., Monday through Friday, excluding recognized holidays. Bids with stamped or copied signatures will be considered non-responsive. Telegraphic, facsimiles, or any other mode of transmission other than stated above shall not be considered as a valid submission to SARPC. Bidders using "express mail" or similar types of service, should verify with the service as to which address is required to ensure proper delivery of the response to SARPC. SARPC will not be held liable for non- delivery and/or late delivery of any bid response due to a bidder listing an incorrect address.

3. The original bid response with all pages must be properly completed, signed by the bidder, accompanied by copies of all necessary supportive documentation and returned in its entirety. The original bid response must contain an authorized original signature of the bidder on the signature page. If the entire ITB is not submitted with all pages, the bid may be deemed non responsive and ineligible for award.

4. Any bid received after 10:00 am., on the scheduled day of opening, will be marked as late, remain sealed, and will receive no further consideration for award. Late bids will be returned to the Vendor. Bidders should allow sufficient time for mailing/delivery of their bids to ensure delivery to SARPC prior to the opening time and date. SARPC will not be responsible for a late bid due to failure of the bidder to allow sufficient time for mailing/delivery of the bid.

5. In order to protect the integrity of the bidding process, bids shall not be prepared, completed or altered on the premises of SARPC. Any bid which is prepared, completed or altered on the premises of SARPC shall be immediately disqualified and receive no further consideration for award.

6. SARPC is required to notify potential bidders of bidding opportunities. The A copy of this ITB may be obtained by visiting the Transportation Department during regular business hours. Vendors who wish to become registered to receive ITBs from the SARPC Transportation Department by email, should email the Transportation Department at [email protected] for further information.

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7. Bids shall be publicly opened, at SARPC Transportation Department, starting at 10:01 am. on the scheduled date of opening. All bids will be opened and read. Bids, unless otherwise provided herein, are subject to the Alabama Public Bid Law. Copies of bid responses must be requested and will be provided within a reasonable period of time and at a fee established by the Director of SARPC. To expedite and properly respond to such public records requests, a written request should be submitted. To prevent delays in evaluating bids and awarding contracts, such requests for recently opened bids, will be honored upon completion of the contract award by the Director of SARPC. Bidder may request that certain information, such as trade secrets or proprietary data, be designated as confidential and not considered as public record. Material so designated shallaccompany the bid and be in a sealed container duly marked, and shall be readily separable from the bid in order to facilitate public inspection of non-confidential portion. Prices, makes, models, catalog numbers of items offered, deliveries and terms of payment shall not be considered as confidential. The decision as to whether or not such trade secrets or proprietary data shall be disclosed at the bid opening rests solely with the Department.

8. PRE-BID QUESTIONS/INQUIRIES: If any bidder discovers an inconsistency, error, or omission in this ITB, the bidder should request clarification. Any pre-bid questions or inquiries must be submitted electronically by following the given hyperlink below and must be received no later than December 14, 2018. The Department may find a bidder non-responsive for failing to adhere to this written policy.

Pre-bid questions and request for approved equals must be submitted electronically through email:

[email protected]

Form for request of approved equals can be found at: http://www.mobilempo.org/ITB.html

Form is on the next page.

Answers to Pre-Bid Questions/Inquiries will be posted on the following document available for download at the following website:

http://www.mobilempo.org/ITB.html

The issuance of an addendum is dependent upon the information received and the impact on the competitive bid process. Any addenda issued will be emailed to all known bidders and also posted to the Department’s website:

http://www.mobilempo.org/ITB.html

Please note: The Department emails addenda information out to all known bidders for convenience purposes only. The Department shall not be held responsible for a bidder’s failure to receive the email with the addenda information. It is the responsibility of all bidders to check the website to see if any addenda have been issued prior to submitting their bid to the Department.

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Request for Pre-Bid Change/Exception/Approved Equal FormLight Duty Buses

This form must be used for requested clarifications, changes, exceptions, substitutes or approval of items equal to items specified with a brand name and must be submitted as far in advance of the Due Date, as specified in “Questions, Clarifications, Alternates and Omissions.” Pros/cons and other justifications shall be explained below. Technical and all other supporting information shall be attached.

Bidder:IFB Number:Section: Page:

Questions/clarification, exception/deviation or approved equal: ]

□ Approved □ DeniedAgency action: □ See addendum □ See response below

Agency response: Request #

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ST A ND A RD TE RMS A ND CO N D ITIONS

1. HEADINGS: The headings used in this Invitation to Bid (hereinafter referred to as an "ITB") are for convenience only and shall not affect the interpretation of any of the terms and conditions thereof. When terms and conditions set forth elsewhere in the ITB conflict with these terms and conditions, the ITB standard terms and conditions shall prevail.

2. GOVERNING LAW/SEVERABILITY: The ITB, award and the agreement entered into with the successful bidder (hereinafter referred to as "the Contract)" are governed by the laws of the State of Alabama. If any provision of this Contract, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Contract, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby.

3. INFORMATION REQUESTED: Bidders shall furnish all information as requested in the ITB. At the discretion of the Director, additional information, necessary for evaluation of the bid, may be attached to the bid and shall be properly identified as being part of the bid. SARPC reserves the right to request literature, or other documentation for clarification, although such may not have been set forth in the ITB. SARPC also reserves the right to require a Vendor to have a complete W-9 on file with the Department prior to a contract being awarded. Failure to provide the required information or a complete W-9 may render the bid invalid.

4. SAMPLES REQUESTED: When requested, samples shall be furnished at bidders' expense, and unless otherwise specified, prior to opening of the bid. Samples shall be clearly identified by bidder's name, the bid number, corresponding item in the bid and bid opening date. SARPC acknowledges that it may receive bids from multiple distributors bidding the same manufacturer's products. In such situations, samples may be submitted by manufacturers on behalf of multiple distributors, provided that such samples shall be accompanied by written documentation, on manufacturer's letterhead, signed by authorized representative of manufacturer, listing the named distributors for whom the samples are provided. Any bidder not appearing on this listing and who has failed to furnish requested samples shall be considered non-responsive. Unless otherwise stated, any sample submitted with the bid shall not be deemed to vary from any of the provisions, specifications, or terms and conditions of the bid. When requested in writing, samples not destroyed in testing, shall be returned at the bidder's expense. Samples not so requested shall become the property of SARPC. Unsolicited samples which are submitted, shall be at the bidder's risk and, shall not be examined or tested, and shall not be considered in the evaluation process. SARPC reserves the right to request samples although such may not have been set forth in the ITB.

5. SPECIFICATIONS: SARPC is authorized to prepare specifications to obtain supplies and services.

The purpose of the specification is to describe the supplies or services to be purchased and will serve as a basis for comparison of quotes. SARPC may use any form of specification it determines to be in the best interest of the Agency and that best describes the supplies or services to be purchased. Specifications may be in the form of a design specification or a combination thereof. If the agency determines that a design, performance or a combination specification is not in the best interest of the Agency, it may use brand name or equal specifications. Wh e re a brand name o r eq u al sp e c ification is used, use of brand na me is for t he pur p ose of describ i ng the base stan d ard of q uality, performance and char a c t e rist i c s desired and i s not intend e d to limit or restr i ct com p etition. Substantially equivalent s u ppli e s or s e rvic e s to those des i gnat e d will be cons i d e red for aw a rd.

6. UNIT PRICE GOVERNS: The unit price governs the award unless otherwise specified in the ITB.The unit price must be entered for each item being bid. Use of ditto marks, arrows, or other markings in lieu of the actual unit price shall be deemed non-responsive. Lot prices listed in the unit price area shall be considered as the unit price unless clearly identified as the lot price. Any request to change or alter the price after opening of the bid shall not be allowed. Bidders should

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review bid pricing carefully, as once a contract is awarded; the Vendor shall be required to deliver the goods or services at the prices quoted. Bidders shall not insert a unit cost of more than two (2) digits to the right of the decimal point. Digit(s) beyond two (2) will be dropped and not used in the evaluation of the bid or payment thereof.

7. BIDS FIRM: Once opened, all bids are firm and cannot be altered. Once a contract is awarded, the Vendor shall deliver at the prices and terms quoted. The South Alabama Regional Planning Commission shall receive the benefit of any decrease in price during the guaranteed price period. Unless otherwise stated, all bids shall remain valid for a period of sixty (60) calendar days after the bid opening date.

8. MODIFICATION OF BIDS: A bidder may request to modify their bid response prior to the scheduled date and time set for bid opening. If changes or alterations are made to the bid response, the original information must be lined or opaqued out with the new information inserted. All changes, corrections, or alterations must be legible and initialed by the bidder. Illegible modifications shall result in disqualification of the items. Failure of the bidder to initial any such modifications may result in disqualification of the items which have been modified. SARPC reserves the right to request written certification from the bidder verifying that such changes were made by the bidder and are applicable to the ITB and any resulting contract. All documents relating to the modification shall be made a part of the bid file.

9. WITHDRAWAL OF BIDS: Prior to the scheduled time and date for opening: A bidder may, by written notice to the Transportation Director of SARPC, request to withdraw their bid response. Such written notice must set forth reasons for the withdrawal. After bid opening, a bidder may request to withdraw their bid response from consideration if the price bid is substantially lower than the other bids, providing the bid was submitted in good faith, and the reason for the bid price being substantially lower was due to an unintentional and substantial arithmetical error or unintentional omission of a substantial quantity of material or labor in the compilation of the bid. Written notice of any such request to withdraw must be sent by fax, email, or certified mail, and received within forty-eight hours after the bid opening date. All requests to withdraw a bid must be placed in writing to the Transportation Director of SARPC and no bid may be withdrawn without written approval from the Transportation Director of SARPC. The decision to allow a bid to be withdrawn is at the sole discretion of the Transportation Director of SARPC. If the bid is to be awarded by category, the withdrawal request will apply to all items within the category. All documents relating to any withdrawal request will become a part of the permanent bid file.

10. TAXATION: SARPC is exempt from federal excise taxes and all state and local taxes, unless otherwise provided herein. SARPC does not agree to pay any taxes on commodities, goods, or services acquired from any Vendor.

11. REJECTION OF ANY/ALL BIDS: The Director of Transportation for SARPC reserves the right to accept, or reject, any or all bids, in whole or in part, and may determine that any irregularities or deviations from the specifications do not result in the bid being non-responsive, provided however, that the Transportation Director of SARPC determines that this does not affect the amount of the bid or result in a competitive advantage to the bidder.

12. DISQUALIFICATION OF BIDDERS: Any of the following reasons may be considered as being sufficient for the disqualifications of a bidder and the rejection of their proposal:

A. More than one proposal for the same work from an individual, firm or corporation under the same or different name.

B. Evidence of collusion among bidders.

C. Bid prices which are in SARPC's opinion unbalanced.

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The bid supplied by a disqualified bidder shall be rejected, and the disqualification determination will be used to evaluate the responsibility of the bidder in future ITBs.

The SARPC will not award a contract for goods or services, funded in whole or in party with Federal funds, to a Vendor who has been suspended or debarred from doing business with the State of Alabama or who appears on the Federal List of Excluded Parties Listing System http:/www. e p l s .go v /.

12B. DISTRIBUTOR’S DISCLOSURE INFORMATION: Bidders who are not the original manufacturer of the product to be supplied to SARPC are required to supply the name of the original manufacturer. Thus, if the bidder is not the manufacture of the product supplied to SARPC, the bidder should disclose the following: The name, Chief Operating Officer, location, primary phone contact number, and primary vendor contact individual of the manufacturing company. Thebidder should also disclose any other relevant information that would allow SARPC to evaluate the product or producer. Failure to provide any of the above information may deem the bidder non-responsive.

13. CREATION OF THE CONTRACT: A contract is created between the Vendor and the South Alabama Regional Planning Commission when the Director of Transportation accepts the competitive bid and acknowledges the acceptance in writing. The contract shall become operational only when either a purchase order has been issued to the awarded Vendor. The contract shall contain all the terms and conditions of this ITB, as well as the accepted responses in the bid proposal, except that no responses may change or alter the terms and conditions of this ITB.

This Contract will be constructed in accordance with the plain meaning of its language and neither for nor against the drafting party.

14. NON-ASSIGNMENT OF INTEREST: The Vendor shall not assign any interest, duty or right under the Contract, in whole or in part, without prior written approval from the Director of SARPC.

15. PURCHASE ORDER/PAYMENT CARD REQUIRED: The SARPC is not obligated to purchase any goods or services provided by the Vendor as a result of the award of the contract to the Vendor. An official SARPC purchase order must contain approval signatures the Director of Transportation. The approved purchase order shall authorize the Vendor to provide goods or services listed on the order and will obligate SARPC to pay for such goods or services upon completion of delivery or performance of service by the Vendor. Any order placed, not using an approved SARPC purchase order, shall not be considered a valid order and may result in denial of payment and/or return of goods at the Vendor's expense.

16. DELIVERY/FREIGHT CHARGES: Unless otherwise stated, SARPC shall not be responsible for freight or delivery charges. Prices are to be based upon the products or services being offered F.O.B. destination, freight prepaid by the Vendor to the locations set forth in the ITB or as listed on the purchase order issued pursuant to any contract awarded. Any shipment marked C.O.D. shall be rejected and returned at the Vendor’s expense.

17. DELIVERY/INSPECTION, ACCEPTANCE AND AMENDMENTS: Upon delivery of the product/service, SARPC retains the right to inspect the product/service prior to final acceptance and/or payment for the product/service. The purpose of the inspection process is to ensure that the product/service is in compliance with the specifications set forth in the awarded contract. In the event that the product/service does not meet the specifications, SARPC shall notify the Vendor for removal/replacement of the product or service. SARPC shall retain all rights and remedies as described herein.

No amendment or modification of this Contract will be effective unless it is in writing and signed by both parties.

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20. INVOICING & PAYMENT:

A. In consideration for Vendor’s performance, SARPC shall pay Vendor directly at the rate specified in the Bid.

B y Purchase Order Upon delivery of goods or performance of the service, as described on any purchase order placed against the Contract, Vendor shall submit proper invoices within 30 calendar days after SARPC’s receipt of goods or services. A proper invoice is defined as being free from defects, discrepancies, errors or other improprieties and shall include, but may not be limited to:1) Vendor's name and address as designated in the Quote.2) Vendor's federal E.I. number.3) Invoice remittance address as designated in the Quote.4) The Purchase Order number authorizing the purchase of goods or services.5) Description, including time period, unit price, quantity, and total price of goods or

services delivered or rendered as specified in the Quote.6) Assessments for load limit violations, non-compliance with specifications,

late delivery, and other necessary deductions have been properly applied, etc.

21. BREACH OF CONTRACT:

A. When the Vendor fails to perform its contract obligations or refuses to correct problems identified by department personnel or fails to perform with diligence and adequate effort as required to complete the contract in a timely manner, the Vendor will be declared to be in breach of contract. A Vendor complaint form will be filed by the district with the Office of Contracts, Purchasing Services.

B. The Vendor shall be given a written notice of its breach of contract by the Department. This notice will clearly state the performance problems that need to be cured. The notice will be sent certified or express mail.

C. The Vendor shall commence its cure within ten (10) calendar days or within a time frame agreed upon by the parties or risk being defaulted. If the performance problems have not been cured or good faith efforts have not been made within either the ten (10) calendar day period or another agreed upon time frame, the Director may declare the Vendor in default.

22. TERMINATION FOR CAUSE - DEFAULT

A. When the Vendor is declared to be in default, a written Notice of Default will be faxed and sent certified or express mail to the Vendor and the contract will be terminated.

B. Once the Vendor has been defaulted and the contract is terminated the Vendor shall cease all work or deliveries. Further, all pay estimates or invoices shall cease until the department conducts a final accounting.

C. The department may take possession of all materials, supplies and equipment at the project or those stored off site for which the department has paid the Vendor. The department may complete the work by such means as it deems appropriate. The department may also purchase, on the open market, any materials or supplies that have not been delivered by the Vendor.

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D. If the department incurs further expense in completing the work or purchasing materials or supplies on the open market, the excess costs shall be paid by the terminated Vendor.

23. FORCE MAJEURE: Except as otherwise provided herein, neither the Vendor nor SARPC shall be liable to the other for any delay or failure of performance of any provisions contained herein, nor shall any such delay or failure or performance constitute default hereunder, to the extent that such delay or failure is caused by force majeure. The term force majeure, as used herein shall mean without limitation: acts of God such as epidemics; lightning; earthquakes; fire; storms; hurricanes; tornadoes; floods; washouts; droughts, or other severe weather disturbances; explosions; arrests; restraint of government and people; and other such events or any other cause which could not be reasonably foreseen in the exercise of ordinary care, and which is beyond the reasonable control of the party affected and said party is unable to prevent.

24. NON-DISCRIMINATION/COMPLIANCE WITH APPLICABLE LAWS: The Vendor, as a term of the Contract, shall comply with Civil Rights Act of 1964, the Federal Rehabilitation Act of 1973, any and all applicable Federal Executive Orders, any and all applicable Alabama Governor Executive Orders, and any and all other statutes, rules and regulations pertaining to non-discrimination.

25. TERMINATION OR SUSPENSION: Any contract awarded as a result of this proposal may be terminated by either party after the expiration of sixty (60) days from the effective date of the contract by giving thirty (30) days prior written notice of intent to cancel to the other party. However, in the event that services/materials supplied by the Vendor do not comply with the terms/specifications in this invitation, the Department of Transportation reserves the right to cancel this contract immediately. Notwithstanding the above, the Department further reserves the right to cancel this contract for the following reasons within the following respective time frames.

A. TERMINATION FOR FINANCIAL INSTABILITY: SARPC may cancel this contract immediately by written notice to the Vendor if a petition in bankruptcy or similar proceeding has been filed by or against the Vendor.

B. CANCELLATION: Any contract awarded in error may be rescinded at the Directors discretion. If cancellation is for the convenience of SARPC, the Vendor will be entitled to compensation for any deliverable that the Vendor has delivered before the cancelation. Such compensation will be the Vendor’s exclusive remedy and provided only after a proper invoice is submitted and approved by SARPC.

C. TERMINATION FOR DELINQUENCY, VIOLATION OF LAW: SARPC may terminate this Contract by written notice, if it determines that Vendor is delinquent in its payment of federal, state or local taxes, workers’ compensation, insurance premiums, unemployment compensation contributions, child support, court costs or any other obligation owed to a state agency or agency. SARPC also may cancel this Contract, if it determines that Vendor has violated any law during the performance of this Contract. However, SARPC may not terminate this Contract if the Vendor has entered into a repayment agreement with which the Vendor is current.

D. TERMINATION FOR SUBCONTRACTOR DEFAULT: SARPC may terminate this Contract for the default of the Vendor or any of its subcontractors. The Vendor will be solely responsible for satisfying any claims of its subcontractors for any suspension or termination and will indemnify SARPC for any liability to them. Subcontractors will hold SARPC harmless for any damage caused to them from a suspension or termination.

The subcontractors will look solely to the Vendor for any compensation to which they may be entitled.

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26. INDEMNIFICATION: The Vendor shall defend, indemnify and hold harmless SARPC for any and all claims, damages, lawsuits, costs, judgments, expenses or any other liabilities which arise as a result of the services performed by the Vendor or its employees or agents which is in any way connected with, or based upon services rendered in performance of the Contract. Reference107.12 the Construction & Materials Specification handbook.

27. CONFIDENTIALITY: The Vendor acknowledges that some of the information, documents, data, records, or other material provided by SARPC during the performance of the Contract may be of a confidential nature. The Vendor agrees that it will not disclose any information obtained by it as a result of the Contract, without written permission from the Director of SARPC. Further, Vendor agrees to make all reasonable efforts to ensure that no such confidential information is disseminated by its employees. The restrictions herein shall survive termination of the Contract. The Vendor shall assume that all aspects of information, documents, data, records or other material are confidential unless otherwise indicated.

28. CONFIDENTIAL DATA: SARPC reserves the right to request additional confidential information, including but not limited to financial information, to be used for evaluation purposes even though such information may not have been required by the ITB. In the event such information is requested, SARPC agrees to retain such information as confidential to the extent permitted by law.

29. DRUG-FREE WORKPLACE: By virtue of the signature on the last page of this ITB, the bidder certifies, to the best of his/her ability, that its employees will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs, in any way, while working on state property. Failure to comply will result in immediate termination of any contract awarded and the Vendor will be subject to the provisions as set forth in Paragraph 21.

30. WORKERS’ COMPENSATION: Vendor shall be in compliance with all State and Federal laws pertaining to the type of service requested, such as Workers’ Compensation. SARPC is hereby released from any and all liability for injury received by the Vendor, its employees, agents, or subcontractors, while performing tasks, duties, work, or responsibilities as set forth in this contract.

31. PROTEST PROCEDURE:An apparent low bidder found not to be responsive or responsible shall be notified of that finding and the reasons for it. The notification shall be given in writing and by certified mail.

Bidder shall have five (5) calendar days after receipt of notification to file a written protest. The Department shall meet with the apparent low bidder or bidders at their option upon the filing of a timely written protest.

No final award shall be made until the Department either affirms or reverses its earlier determination.

32. TIE BID PROCESS: If two or more bidders are found to have the same bid and are both responsive and responsible, SARPC will break the tie as follows: during the bid evaluation process, the bidders that submitted tie bids will be contacted and given a deadline to submit a written revised unit price for the affected item or items. If a tie still exists, SARPC may repeat this process or look to past or current performance in order to secure the item or items. SARPC will not allow a tie bid situation to otherwise unnecessarily delay a potential award.

33. DEVIATIONS: Statements or modifications that deviate from the Invitation’s terms, conditions, specifications and requirements (such as altering delivery, changing F.O.B., price list changes, etc.) may render the bid non-responsive if the Director determines that the deviation or modification affects the amount of the bid or results in a competitive advantage for the bidder.

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Sealed replies to this invitation must be received at the following address on or before 10:00 a.m. on the opening date.

South Alabama Regional Planning Commission

Transportation Department, 2nd floor110 Beauregard StMobile, AL 36602

Office Hours 8:00 a.m. to 4:30 p.m., M-F

SIGNATURE PAGEInvitation No. 2021-5310-01

Title: 12 + 2 Small Transit BusFailure to return all the pages of this ITB and sign on this page as indicated shall render your bid non- responsive and ineligible for award.

Your signature indicates that you attest to all statements made in this Invitation to Bid, including but not limited to the Buy America Statement, and that you have read, understand and hereby agree to be bound by all South Alabama Regional Planning Commission terms, conditions, specifications, requirements and addenda relating to this invitation.

Date:

By: Authorized signature by Officer of the Company (Signature should be in a color other thanBlack)

Type or print name shown above

Title of Officer Signing

Name of Company

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