2019-05 Shelter IFB.pdf

Dunn County 1 Bus Passenger Shelter IFB

Invitation for Bids

TO PROVIDE

BUS PASSENGER SHELTERS

FOR THE

DUNN COUNTY TRANSIT

DUNN COUNTY, WISCONSIN

Project #2019-5

The bid shall be submitted on the form provided within the solicitation documents. The bid shall be placed in a sealed envelope marked as follows: "BUS PASSENGER

SHELTERS BID".

Mail or Deliver to:

John H. McLaughlin, CPA Accounting Manager Dunn County Department of Administration 800 Wilson Avenue Menomonie, WI 54751 Phone: 715-231-6584

IFB issued to Vendors: May 14, 2019

Questions due: May 24, 2019, 12 p.m. CST

Responses to Question posted: May 29, 2019

Deadline to submit bid: June 14, 2019, 1 p.m. CST (late bids will not be accepted)

Bid opening date and time: June 14, 2019, 1:05 p.m. CST at Dunn County Public Works

Department, conference room, 3303 Highway 12 East Menomonie, WI 54751

All questions and inquiries for information MUST be submitted in writing to:

jmclaughlin@co.dunn.wi.us, John H. McLaughlin, CPA, Accounting Manager ,Dunn

County Department of Administration by 12 p.m. CST, May 20. Phone calls will not be accepted. Responses to questions will be posted on May 28, 2019.

mailto:jmclaughlin@co.dunn.wi.us

Dunn County 2 Bus Passenger Shelter IFB

CONTENTS

Cover Sheet

General Scope Page 3

Vendor Requirements, Bid Submittal Forms Pages 4-7

References Page 8

Bid Information Pages 9-14

Warranty Information Page 15

Federal Clauses Page 16-32

Bidders List Page 33

Bidder Required Form Pages 34-35

Bid Pricing & Signature Page Pages 36-37

Dunn County 3 Bus Passenger Shelter IFB

GENERAL SCOPE

PURCHASE OF Six to Nine (6-9) BUS PASSENGER SHELTERS, Optional Solar Lighting Packages for each shelter

SCOPE:

The following specifications provide the minimum requirements for acceptable bus passenger shelters and benches.

Shelters are to be built to comply with all ADA (Americans with Disabilities Act of

1990) restrictions that apply to the construction of bus shelters.

Each shelter shall consist of a structural aluminum frame with four sides; full rear and side walls with front wall/windscreen allowing for two entrances (double opening). The roof style shall be sloped, barreled or hip with appropriate engineering to meet local wind/snow loads. Bench and one map/information display case shall be included for each shelter. Options shall include solar panel assembly for interior lighting.

The vendor shall provide all materials and equipment necessary for the fabrication, assembly, and delivery of the passenger shelters as hereinafter described. Dunn

County Public Works will be building/assembling the delivered product on site.

Final number of shelters, solar lighting packages, or touch-up kits to be purchased are dependent on bid prices and funds available.

Dimensions for Shelters:

ITEM 001

Size: 6’ x 12’

3 walls with front

Windscreen, double opening

Quantity: 6-9

ITEM 002 (Option)

Solar lighting package.

ITEM 003 (Option)

Touch up kit to match selected colors if need repair/repainting.

Dunn County 4 Bus Passenger Shelter IFB

VENDOR REQUIREMENTS

BUS PASSENGER SHELTERS

BID SUBMITTAL FORMS

FORMAT: Vendor shall complete every space in the ‘Vendors Column’ with a (√) to indicate compliance with specification or (Exception) to indicate any deviation from specification. Any items appearing in the manufacturer’s specifications furnished by the vendor are assumed to be included in this quotation. Note any exceptions to standard manufacturer’s specifications.

SPECIFICATIONS

No. DESCRIPTION

“√” COMPLY

OR

“EXCEPTION”

1.

Dunn County Transit is seeking bids for non-advertising Passenger Waiting Shelters per specifications herein.

2.

SIZE A: 6’ X 12’.

QUANTITY: Six to Nine (6-9)

3.

INTERIOR CLEARANCE: Interior clearance of seven (7’) feet high; the maximum height of the shelter shall not exceed ten (10’) feet.

4. DESIGN: Shall be four (4) sided, including the front side with double opening.

5.

ADA ACCESSIBLE: Design of shelter shall be ADA accessible.

6.

ROOF STYLE: To be determined based on local snow load and cost associated with various engineered roofs’ support capacity.

7.

BASE SNOW LOAD: Fifty (50) PSF or a separate concentrated load of 250 pounds placed at any location of the roof or fascia over its entire surface without and permanent deformation, cracks or other damage.

8. BASE WIND LOAD: One hundred and five [105]MPH

9.

SAMPLES: Material samples shall be submitted with quote.

10.

PRODUCT DATA: Manufacturer’s product data, including materials, components, finish and all accessories and equipment furnished along with catalog shall be submitted with quote.

11.

SHOP DRAWINGS and Product Photos: Shall submit manufacturer’s shop drawings, including technical specifications of plans, elevations, sections and details, dimensions, anchorage, fasteners and locations, flashing and seal details if applicable, finish and options. Product (shelter) photos shall also be included.

12.

STRUCTUAL FRAMING:

Dunn County 5 Bus Passenger Shelter IFB

“√” COMPLY

OR

“EXCEPTION”

The shelter framework (columns, sills and headers) shall be fabricated using 6063-T5 extruded aluminum members not less than 1/8” in thickness.

Extrusion shapes shall be engineered to provide a framework of adequate structural integrity to satisfy the uniform building code (UBC), and to meet the requirements for snow, wind and seismic loading for the locations(s) being considered.

Framing members shall be 2 ½” X 2 ½” square extruded aluminum tubes. Mullions shall be 1.5” X 2.5” extruded aluminum tubes. Other framing members to be used as required.

The framework shall be assembled with only stainless steel and aluminum fasteners to prevent rusting or electrolytic interaction with framing members.

Method of mounting shelter to concrete pad shall allow for up to four

(4”) inch of slope adjustment.

Roof and wall sections shall be factory assembled.

13.

WALL AND ROOF:

Wall and roof panels shall be sealed as required to provide a water-proof barrier using sealants.

Shall have rain diverter channel covered with perforated screens to avoid collection of debris, appropriate weep holes and rain drip extending beyond frame.

Joint Sealant:

Factory-Applied Sealant: Non-hardening sealant to prevent leak proof installation

14.

COLOR AND FINISH:

Wall/Framing Structure: Clear anodized finish Roof: Complement to framing finish, dependent on various roof styles

15.

WINDOW:

Window panels shall be 1/4” inch thick clear tempered safety glass.

Panels shall be secured to the framing structure with special extrusions to provide a safe weather-protective enclosure.

Window color shall be clear.

Dunn County 6 Bus Passenger Shelter IFB

“√” COMPLY

OR

“EXCEPTION”

16.

BENCH: A full length aluminum bench with backrest, finish color to match the shelter. Shall supply material along with picture of bench quoted in this IFB.

17.

MAP DISPLAY: 2’X3’ display with key lock access.

18.

OPTIONAL SOLAR LIGHTING: Vendor shall provide price as an option for solar lighting package per each shelter. Price must include complete product description and operation recommended for quoted shelter.

19.

GUIDE LINES: Quoted passenger waiting shelter shall meet or exceed all Federal, State and Local UBC guide lines.

20.

VENDOR QUALIFICATIONS:

Vendor shall have been successfully and continuously engaged in

Shelter manufacturing with a minimum of ten (10) years.

Shall be able to demonstrate successful performance on comparable projects which are environmentally similar to the Dunn County, City of Menomonie, Wisconsin.

Shall be responsible for all components, including structural design.

21.

INSTALLATION AND ASSEMBY:

The manufacturer shall provide detailed written installation instructions complete with diagrams. The drawings and erection procedures shall be comprehensive to enable field installation and repair. Shelters will be installed by County/City Staff on concrete pads provided by the City.

Shall include which tools may be needed for assembly and installation of the shelter.

Shall include hardware kit to include but not limited to fasteners needed to attach the shelter to the concrete pad.

Shall include the minimum specifications for the concrete base that the shelter will be housed on.

22.

BID EVALUATION PROCEDURE: The County will award the bid to the lowest responsive and responsible bidder.

Responsive bids Comply in all material aspects of the solicitation, both as to the method and timeliness of submission.

Bids that do not comply with all the terms and conditions of the solicitation may be rejected as non-responsive.

Responsible bidders are those prospective Bidders or firms who, at a minimum, must:

Have adequate financial resources, as required during performance of the Contract.

Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments.

Have necessary technical capability to perform.

Certify that they are not on the U.S. Comptroller General's list of ineligible

Dunn County 7 Bus Passenger Shelter IFB

“√” COMPLY

OR

“EXCEPTION”

Bidders or firms.

Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

23.

WARRANTY: Vendor shall warrant their work as merchantable and within industry standards for product of this type. Attach a sheet indicating the warranty for all items in this bid. Indicate number of years.

24.

DELIVERY CONTACT: Awarded Vendor shall schedule delivery date and time of the shelters with John Sworski phone: 715 232 2181. Delivery of the units shall be to Dunn County Facility Division, 3001 US Highway 12 East Suite 002 Menomonie, WI 54751.

Dunn County 8 Bus Passenger Shelter IFB

REFERENCES

Instructions: Vendors are to include a list of THREE (3) Midwestern (preferable Wisconsin, Minnesota, Michigan) municipalities or transit agencies to be used as references. These references shall be current customers utilizing product similar to those requested. The County may make such investigation as is necessary to determine the ability of the Vendor to fulfill service requirements.

1. Company Name:

Address:

Telephone:

Contact Person:

E-mail address:

Product(s) and/or Service(s) Used:

How long have you been working with this company?

Type of shelter manufactured along with the model number if applicable.

2. Company Name:

Telephone:

Contact Person:

E-mail address:

Product(s) and/or Service(s) Used:

3. Company Name:

Telephone:

Contact Person:

E-mail address:

Product(s) and/or Service(s) Used:

Dunn County 9 Bus Passenger Shelter IFB

BID INFORMATION

Dunn County Transit is seeking bids for six to nine (6-9) bus shelters. This section lists basic information and instructions. All Vendors are expected to read this section thoroughly to ensure full understanding of the conditions which responses should be made.

FEDERAL FUNDING AND SPECIAL REQUIREMENTS

Federal grant monies ($60,000) fund this contract, in whole or in part (Section

5311– CFDA 20.509). As such, agencies receiving such funds and contractors awarded contracts that use such funds must comply with certain Federal certifications and clause requirements. This includes, for purchases of rolling stock over $150,000, compliance with Buy America Act requirements, including pre-award and post-delivery audit requirements and certifications, as well as requirements and certifications applicable under the Federal Motor Vehicle Safety

Standard (FMVSS). It is the contractor’s responsibility to be aware of the pertinent certifications and contract clauses, as identified by the Issuing Agency for the instant procurement and ensure compliance with such requirements prior to award and throughout the term of any resultant contract. A list of the Federal clauses and certifications applicable to this procurement is included at Part III, Section J, and the full text of these clauses is available at the National Rural

Transit Assistance Program (RTAP) website under “ProcurementPro.” The website address is: http://www.nationalrtap.org/home.aspx

PRICING

Price quoted in the bid shall include all items of labor, materials, tools, equipment, transportation, shipping and all other costs necessary to fully complete the Bus

Passenger Shelters and delivery requested pursuant to these instructions and contract.

CONTRACT TERM

From, date of award through one year after date of award. Dunn County reserves the right to request to extend beyond the Contract period if deemed to be in the best interest of Dunn County.

SCHEDULE OF DELIVERY

http://www.nationalrtap.org/home.aspx

Dunn County 10 Bus Passenger Shelter IFB

All equipment described herein shall be delivered per successful bidder delivery schedule but in no case shall exceed sixty (60) days after receipt of order.

DELIVERY

Delivery of equipment shall be to DUNN COUNTY PUBLIC WORKS, 3303

HIGHWAY 12 EAST, MENOMONIE, WISCONSINE 54751. All shelters shall be delivered in first class condition ready for use, and the vendor shall assume all responsibility and liability to said delivery.

TERMS OF PAYMENT

One Hundred percent (100%) of the price of the shelters shall be paid within thirty

(30) days upon purchaser acceptance of equipment. The basis for acceptance shall be performance of the equipment in accordance with these specifications.

APPROVED EQUAL or EQUIVALENT

Questions or clarifications regarding specification ambiguities or requirements shall be addressed in writing to Dunn County Department of Administration

Attention: John H. McLaughlin, CPA, Accounting Manager, prior to 12 p.m. CST, May 20, 2019. Questions received that require clarification or changes will be addressed and published as an official amendment to this IFB document no later than May 28, 2019. Bidder shall supply suitable data on the properties of substitutes if and when requesting to substitute.

METHOD OF BID

Bidder must submit a unit price for each item. Price sheet and all other required accompanying documents or material submitted by the bidder will be deemed to constitute part of the bid. Requested information must be submitted on the form(s) provided. Bids submitted in any other form will be considered non-responsive and will be rejected.

METHOD OF AWARD

Award will be made to the bidder with the lowest total unit price. Total unit price will include one (1) shelter, one (1) optional solar lighting package, and one optional (1) paint kit. The unit price will also include shipping.

BID ACCEPTANCE

Each bid is to be submitted with the understanding that the acceptance in writing by Dunn County Transit, of the offer to furnish the equipment, described therein, shall constitute a contract between the Bidder and the Purchaser which shall bind the Bidder on its part to furnish products at the prices given and in accordance with

Dunn County 11 Bus Passenger Shelter IFB the terms and conditions of said accepted bid and these instructions. The contract shall be considered as made in Wisconsin, and the product construction and enforcement shall be in accordance with the laws of the State of Wisconsin and

Federal Government and local requirements.

BIDDING

Bidders shall familiarize themselves with technical specifications. Failure to do so shall not relieve bidders of their responsibility.

POSTPONEMENT AND AMENDMENT

The Procuring Agency reserves the right to revise or amend the specifications up to the time set for opening the bids. Such revisions and amendments, if any, shall be announced by amendments to this solicitation. If the revisions and amendments require changes in quantities or prices bid, or both, the date set for opening bids may be postponed by such number of days as in the opinion of the procuring agency shall enable bidders to revise their bids.

BID OPENING

Bids shall be opened at the time set for opening in this solicitation. Their content shall be made public.

BID REJECTION

Dunn County reserves the right to accept or reject any or all bids. The Procuring

Agency reserves the right to waive any minor bid informalities or irregularities received which do not go to the heart of the bid or prejudice other bidders, or to reject, for good and compelling reason, any and all bids submitted. Bids which take exception to the specifications, will be considered non-responsive and will be rejected.

WITHDRAWAL

Prior to the date/time set for submitting bids, may be modified or withdrawn by the bidder's authorized representative in person, or by written notice. If bids are modified or withdrawn in person, the authorized representative shall make his/her identity known and shall sign a receipt for the bid. Notices shall be received in the office designated as Dunn County Department of Administration, John H. McLaughlin, CPA, Accounting Manager, 800 Wilson Avenue, Menomonie, WI 54751 no later than the exact date/time for submittal.

AMENDMENTS

Dunn County 12 Bus Passenger Shelter IFB

Failure to acknowledge receipt of all issued amendments may cause the bid to be considered non-responsive to the solicitation. Acknowledged receipt of each amendment must be clearly established and included with the offer.

HOLD HARMLESS

The Contractor shall indemnify and hold harmless the Local Public Agency and

Dunn County from any claims for damages resulting from personal injury and/or death suffered or alleged to have been suffered by any person as a result of any work conducted under this Contract.

INSTRUCTIONS COMPLIANCE

All requirements and conditions as set forth in the instructions have been satisfied by bidder and all information furnished and representations made by bidder are true and correct to the best of his/her information and belief.

PERFORMANCE

Bidder agrees to guarantee the faithful performance of this contract and as security for the payment of all persons, firms or corporations to whom it may become legally indebted for labor, materials, tools, equipment or services of any nature employed or used by it in performing the work.

Should bidder fail or refuse to furnish this performance, the award of said contract to the first bidder shall be null and void.

BID FORM

Bids must be submitted on the forms provided. Bidder’s bid shall be inserted in the designated section of the form provided herein. Bids submitted in any other form may be considered non-responsive and may be rejected. Any bid received after the bid submittal deadline will not be considered and will be returned to the bidder.

The bidder represents and warrants that he/she has sufficiently informed him/herself in all matters affecting the performance of the work and the furnishing of the supplies, material or equipment called for in the specifications, that he/she has checked his/her bid for errors and omissions, that the prices stated in his/her bid are correct and as intended by him/her and are a complete and correct statement of his/her prices for supplies, materials or equipment required by the contract documents.

TAX EXEMPTION

Dunn County 13 Bus Passenger Shelter IFB

The County is exempt from payment of Federal and State taxes and such taxes must not be included in the bid price. The County will furnish Contractor the necessary tax exemption certificates on request.

NOTIFICATION OF INTENT TO AWARD

All respondents who respond to this IFB will be notified in writing of the intent to award a contract as a result of the selection process described in this IFB.

ASSIGNMENT OF CONTRACT

This contract may not be assigned except with the prior written approval of the

County.

FIRM PRICES

Prices must remain firm for 90 calendar days after bid opening.

OTHER

If the Company dissolves, or for any reason wishes to dissolve, before the expiration of this Agreement, parties agree that Contractor will give the County ninety (90) days' written notice prior thereto.

COMMUNICATIONS

Communications in connection with this contract shall be in writing and shall be delivered personally; or by email, or by regular, registered, or certified mail addressed to the officer(s) or employee(s) of the Procuring Agency and of the

Contractor designated to receive such communications. Telephone calls may be used to expedite communications but shall not be official communication unless confirmed in writing.

LIABILITIES AGAINST PROCURING AGENCY

The Contractor shall indemnify, keep, and save harmless the Procuring Agency, its agents, officials, and employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs, and expenses, which may accrue against the

Procuring Agency arising out of, or resulting from, the Contractor's acts or omissions, including acts of omissions of its employees, and agents.

PATENT INFRINGEMENT

The Procuring Agency should advise the Contractor of any impending patent suit and provide all information available. The Contractor shall defend any suit or

Dunn County 14 Bus Passenger Shelter IFB proceeding brought against the Procuring Agency based on a claim that any equipment, or any part thereof, furnished under this contract constitutes an infringement of any patent, and the Contractor shall pay all damages and costs awarded therein, excluding incidental and consequential damages, against the

Procuring Agency. In case said equipment, or any part thereof, is in such suit held constitute infringement and use of said equipment or parts is enjoined, the

Contractor shall, at its own expense and at its option, either procure for the

Procuring Agency the right to continue using said equipment or part, or replace same with non-infringing equipment, or modify it so it becomes non-infringing.

PROTEST PROCEDURES

Dunn County maintains a formal protest procedure for all procurements. If a proposer feels it has been treated unfairly, it shall file written documentation of the incident with Dunn County Department of Administration John H.

McLaughlin, CPA, Accounting Manager Protests of the specifications in the IFB must be filed five (5) days prior to bids being due. Protests of the final decision on contract award must be filed within five (5) days of the announcement of the award.

MISCELLANEOUS

Dunn County and the City of Menomonie will be installing all of the shelters and necessary concrete pads.

Dunn County 15 Bus Passenger Shelter IFB

WARRANTY - BUS PASSENGER SHELTERS

Explain the Bus Shelter Warranty below:

INDICATE PRODUCT WARRANTY: _________________YEARS

Do you have an in-house Parts/ Service Department: ______Yes ______No

Do you keep all parts in stock? _____Yes ______No

Please provide the following contact information for obtaining parts/supplies for the shelters:

Contact Name or Title: __________________________________________________________

Address: ____________________________________________________________________

Phone Numbers: ________________________________________________________________

Email contact: ________________________________________________________________

Hours of service: ______________________________________________________________

Dunn County 16 Bus Passenger Shelter IFB

FEDERAL CLAUSES

** updated 02/2019

SPECIAL NOTIFICATION REQUIREMENTS FOR STATES

FTA Master Agreement

Federal grant monies ($60,000) fund this contract, in whole or in part (Section 5311 – CFDA 20.509).

As such, agencies receiving such funds and contractors awarded contracts that use such funds must comply with certain Federal certifications and clause requirements. This includes, for purchases of rolling stock over $150,000, compliance with Buy America Act requirements, including pre-award and post-delivery audit requirements and certifications, as well as requirements and certifications applicable under the Federal Motor Vehicle Safety Standard (FMVSS). It is the contractor’s responsibility to be aware of the pertinent certifications and contract clauses, as identified by the Issuing Agency for the instant procurement and ensure compliance with such requirements prior to award and throughout the term of any resultant contract. The full text of these clauses is available at the National Rural Transit Assistance Program (RTAP) website under “Procurement Pro.” The website address is:

http://www.nationalrtap.org/home.aspx.

FLY AMERICA REQUIREMENTS

49 U.S.C. §40118 41 CFR Part 301-10

Applicability to Contracts

The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S.

air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S.

Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $5,000.

These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirements: The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

Model Clause/Language: The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language.

Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to http://www.nationalrtap.org/home.aspx

Dunn County 17 Bus Passenger Shelter IFB use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

ENERGY CONSERVATION REQUIREMENTS

42 U.S.C. 6321 et seq.

49 CFR Part 18

Applicability to Contracts: The Energy Conservation requirements are applicable to all contracts.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $5,000.

These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirements: The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and sub recipients and their sub agreements at every tier.

Model Clause/Language: No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA.

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

CLEAN WATER REQUIREMENTS

33 U.S.C. 1251

Applicability to Contracts: The Clean Water requirements apply to each contract and subcontract which exceeds $50,000.

Flow Down Requirements: The Clean Water requirements flow down to FTA recipients and subrecipients at every tier.

Model Clause/Language: While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements.

Clean Water - (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $50,000 financed in whole or in part with Federal assistance provided by FTA.

Dunn County 18 Bus Passenger Shelter IFB

LOBBYING

31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20

Applicability to Contracts: The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts over $50,000.

Flow Down Requirement: The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7.

Mandatory Clause/Language: Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.]

Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)

Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A.

Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg.

1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $50,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying."

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

(To be submitted with each bid or offer exceeding $50,000)

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

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

Dunn County 19 Bus Passenger Shelter IFB

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:

Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]

The Contractor, ___________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any.

__________________________ Signature of Contractor's Authorized Official

__________________________ Name and Title of Contractor's Authorized Official

___________________________ Date

ACCESS TO RECORDS AND REPORTS

49 U.S.C. 5325 18 CFR 18.36 (i)

49 CFR 633.17

Applicability to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $5,000.

These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

Flow Down Requirement: FTA does not require the inclusion of these requirements in subcontracts.

Model Clause/Language: The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language.

Access to Records - The following access to records requirements apply to this Contract:

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1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $50,000.

3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

7. FTA does not require the inclusion of these requirements in subcontracts.

Requirements for Access to Records and Reports by Types of Contract

Contract Characteristics

Operational Service

Turnkey Construction Architectural Engineering

Acquisition of Rolling

Professional Services

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Contract

Stock

I State Grantees

a. Contracts below SAT ($100,000)

b. Contracts above $100,000/Capital Projects

None unless1 non-competitive award

Those imposed on state pass thru to Contractor

Yes, if non-competitive award or if funded thru2 5307/5309/5311

None unless non-unless non-unless non-

II Non State Grantees

a. Contracts below SAT ($100,000)

b. Contracts above $100,000/Capital Projects

Yes3

Yes3

Those imposed on non-state Grantee pass thru to Contractor

Yes

Sources of Authority:49 USC 5325 (a), 49 CFR 633.17, 18 CFR 18.36 (i)

FEDERAL CHANGES

49 CFR Part 18

Applicability to Contracts: The Federal Changes requirement applies to all contracts.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $5,000.

These requirements do not apply to micro-purchases; except for construction contracts over $2,000.

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Flow Down Requirement: The Federal Changes requirement flows down appropriately to each applicable changed requirement.

Model Clause/Language: No specific language is mandated. The following language has been developed by FTA.

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

CLEAN AIR

42 U.S.C. 7401 et seq

40 CFR 15.61

49 CFR Part 18

Applicability to Contracts: The Clean Air requirements apply to all contracts exceeding $50,000, including indefinite quantities where the amount is expected to exceed $50,000 in any year.

Flow Down Requirement: The Clean Air requirements flow down to all subcontracts which exceed $50,000.

Model Clauses/Language: No specific language is required. FTA has proposed the following language.

(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding $50,000 financed in whole or in part with Federal assistance provided by FTA.

RECYCLED PRODUCTS

42 U.S.C. 6962 40 CFR Part 247

Executive Order 12873

Applicability to Contracts: The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996.

These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.

Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $5,000.

These requirements do not apply to micro-purchases.

Flow Down Requirement: These requirements flow down to all to all contractor and subcontractor tiers.

http://www.fta.dot.gov/3162.html http://www.fta.dot.gov/3162.html

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Model Clause/Language: No specific clause is mandated, but FTA has developed the following language.

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

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

Applicability to Contracts Applicable to all contracts

Flow Down Requirement: Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent.

Model Clause/Language: While no specific language is required, FTA has developed the following language.

No Obligation by the Federal Government.

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

(2) The Contractor 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.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

AND RELATED ACTS

31 U.S.C. 3801 et seq.

49 CFR Part 31 18 U.S.C. 1001

49 U.S.C. 5307

Applicability to Contracts: These requirements are applicable to all contracts.

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Flow Down Requirement: These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements.

Model Clause/Language: These requirements have no specified language, so FTA proffers the following language.

Program Fraud and False or Fraudulent Statements or Related Acts.

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

(3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

TERMINATION

49 U.S.C. Part 18 FTA Circular 4220.1F

Applicability to Contracts: All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $50,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.

Flow Down Requirement: The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning.

Model Clause/Language: FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts:

a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to

Dunn County 25 Bus Passenger Shelter IFB the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs.

b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default.

Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions.

If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient)…