Bid__26012_Allison_Hybrid_Battery_Pack_Replac.pdf

DATE:

TO:

DATE: November 13

TO: Mass Transportation – Transit Bus Accessories and Parts

SUBJECT: BID #26012 Allison Hybrid Battery Pack Replacement Project

You are invited to submit a bid for six new Allison H40 EP energy storage systems (ESS) to the Unified Government of Athens-Clarke County (ACC).

The project consists of supplying six new Allison H40 EP energy storage systems (ESS) that conform to the bid specifications in section V.

The estimated range of this project is $475,000 - $500,000

Inquiries regarding Bids should be made to Edward Tulenko, Senior Buyer, at (706) 340-9883 or Email: accbids@accgov.com. Technical questions may be directed to the Transit Maintenance Administrator, Derick Gandy, at 706-410-6261, fax: or email :derick.gandy@accgov.com.

Attached hereto are the bid form, bid specifications, and general instructions.

The written specifications contained in this bid shall not be changed or superseded except by written addendum from the Unified Government of Athens-Clarke County Purchasing Division of the Finance Department. Failure to comply with the written specifications for this bid may result in rejection of the bid by the Unified Government of Athens-Clarke County.

The Unified Government of Athens-Clarke County is accepting electronic bid submissions only.

Bidders shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, browse back to this page, click on “Draft Response,” and follow the instructions to submit the electronic bid:

Not later than 3:00 PM ET, Tuesday, December 16, 2025

A qualified interpreter for the hearing impaired is available upon request at least 10 (ten) days in advance of the bid opening date. Please call (706) 613-3088 for more information for the hearing impaired. This service is in compliance with the Americans with Disabilities Act (ADA).

The Unified Government of Athens-Clarke County reserves the right to reject any and all bids, to waive any technicalities or irregularities and to award the bid based on the highest and best interest of the Unified Government of Athens-Clarke County.

THE UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY

BID #26012

ALLISON HYBRID BATTERY PACK REPLACEMENT PROJECT

For

TRANSIT DEPARTMENT

SUBMISSIONS ARE DUE VIA OPENGOV NO LATER THAN

3:00 PM ET, Tuesday, December 16, 2025

FINANCE DEPARTMENT, PURCHASING DIVISION

375 SATULA AVENUE

ATHENS, GA. 30601

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS BID TO THE

PURCHASING DIVISION OF THE UNIFIED GOVERNMENT OF ATHENS-CLARKE

COUNTY ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND

STRICTLY THE RESPONSIBILITY OF THE BIDDER.

ISSUE DATE: November 13

TABLE OF CONTENTS

SECTION I ................... BID SUBMISSION INSTRUCTIONS

SECTION II ................. INVITATION FOR BID OVERVIEW AND PROCEDURES

SECTION III................ INSURANCE REQUIREMENTS FOR CONTRACTORS

SECTION IV ................ GENERAL CONDITIONS

SECTION V ................. SCOPE OF WORK

SECTION VI ................ BID FORMS

SECTION VII……...... FTA CONTRACT CLAUSES ACKNOWLEDGEMENT

SECTION I – BID SUBMISSION INSTRUCTIONS

ALL BIDS RECEIVED WILL BECOME A PART OF THE OFFICIAL CONTRACT FILE AND

MAY BE SUBJECT TO DISCLOSURE UNDER THE OPEN RECORDS ACT.

A complete signed BID must include the documents listed below:

BID FORMAT: Bidders are expected to examine the specifications, price schedule, and all instructions. Failure to do so will be at the bidders’ risk. Each bidder shall furnish the information required by the solicitation. The BID SUBMITTAL must be signed by an officer of the company, who is legally authorized to enter into a contractual relationship in the name of the bidder.

MANDATORY DOCUMENTS CHECKLIST: Bidder must complete, execute and upload with the bid the following Mandatory documents. BIDS RECEIVED WITHOUT THE MANDATORY

DOCUMENTS MAY BE REJECTED:

Bid Form: Section VI-A

Georgia Security & Immigration Compliance (GSIC) Act Affidavit: Include a notarized copy of the GSIC Affidavit form for the contractor, from Section VI -B, of this BID.

SECTION VII: FTA Contract Clauses Acknowledgement

INVITATION FOR BID #26012

FOR

ALLISON HYBRID BATTERY PACK REPLACEMENT PROJECT

SECTION II – INVITATION FOR BID OVERVIEW AND PROCEDURES

A. PURPOSE

The Unified Government of Athens-Clarke County is soliciting for BID #26012 Allison Hybrid Battery Pack Replacement Project from responsible contractors. The project consists of supplying six new Allison H40 EP energy storage systems (ESS) that conform to the bid specifications in section V.

B. INFORMATION TO BIDDERS

1. BID TIMETABLE:

The anticipated schedule for the bid process is as follows:

Bid Documents Available…………………….…November 13

Deadline for submission of questions………..….December 2, 2025

Bid Opening…………………….3 PM, ET Tuesday, December 16, 2025

Bids Valid until ............................................... 180 days after opening

2. CONTACT PERSON: The contact person for this BID is Edward Tulenko, Senior Buyer.

Explanation(s) desired by bidder(s) regarding the meaning or interpretation of this BID must be requested from the contact person via OpenGov.

3. ADDITIONAL INFORMATION/ADDENDA: The Unified Government of

Athens-Clarke County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the bid opening date.

Bidders should not rely on any representations, statements or explanations other than those made in this Invitation for Bid or in any addendum to this Invitation for Bid. Where there appears to be a conflict between the Invitation for Bid and any addenda issued, the last addendum issued will prevail.

Bidders must acknowledge any issued addenda via the addendum acknowledgement function in OpenGov. Bids which fail to acknowledge the bidder’s receipt of any addendum will result in the rejection of the bid if the addendum contains information which substantively changes the Owner’s requirements, which will be determined solely by ACCGov.

Bidders who obtain this BID document from Georgia Procurement Registry or OpenGov or from any source other than the Unified Government of Athens-Clarke County Purchasing are advised to re-visit the above website to obtain any addenda which may be issued. The Unified Government of Athens-Clarke County assumes no responsibility for Bidders’ failure to acknowledge any addenda issued.

4. LATE SUBMITTAL, LATE MODIFICATIONS AND LATE WITHDRAWALS

Bid submittals received after the bid opening date and time will not be considered.

Modifications received after the bid opening date will not be considered. The Unified

Government of Athens-Clarke County assumes no responsibility for the premature opening of a bid not properly addressed and identified, and/or delivered to the proper designation.

5. WITHDRAWAL OF BID: A bidder may withdraw his bid before the expiration of the time during which bids may be submitted without prejudice to the bidder, by using the withdrawal function in OpenGov.

6. REJECTION OF BIDS: The Unified Government of Athens-Clarke County may reject any and all bids and reserves the right to waive any irregularities or informalities in any bid or in the bid submittal procedure.

Bid submittals received after said time or at any place other than the time and place as stated in the notice will not be considered.

7. UNBALANCED BIDS: The Unified Government of Athens-Clarke County may reject a bid as non-responsive if the prices bid are materially unbalanced between line items or sub line items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Unified Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment.

8. DISCREPANCY IN UNIT PRICE: In case of discrepancy between a unit price and an extended price and total amount, the unit price will be presumed to be correct, subject, however, to correction to the same extent and in the same manner as any other mistake.

9. ACCEPTANCE OF BID (AWARD): It is the intent of the Owner to award a contract to the lowest responsible bidder provided the bid has been submitted in accordance with the requirements of the bidding documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a bid received and to accept the bid which, in the Owner’s judgment, is in the Owner’s own best interests.

The Owner shall have the right to accept Alternates in any order or combination, and to determine the low bidder on the basis of the sum of the base bid and Alternates accepted.

10. STATEMENT OF EXPERIENCE AND QUALIFICATIONS: The bidder may be required, upon request, to prove to the satisfaction of the Unified Government of Athens- Clarke County that he/she has the skill and experience and the necessary facilities and ample financial resources to perform the contract(s) in a satisfactory manner and within the required time. If the available evidence of competency of any bidder is not satisfactory, the Bid of such bidder may be rejected.

11. MIMINUM BID ACCEPTANCE PERIOD

Bids shall be valid and may not be withdrawn for a period of 180 days from the date specified for receipt of bids.

12. NON-COLLUSION AFFIDAVIT

By submitting a bid, the bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or in behalf of any person not therein named and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from submitting and that the bidder has not in any manner sought by collusion to secure to that bidder any advantage over any other bidder.

By submitting a bid, the bidder represents and warrants that no official or employee of the Unified Government of Athens-Clarke has, in any manner, an interest, directly or indirectly in the bid or in the contract which may be made under it, or in any expected profits to arise there from.

13. COST INCURRED BY BIDDERS

All expenses involved with the preparation and submission of the bid to the Unified

Government of Athens-Clarke County, or any work performed in connection therewith is the responsibility of the bidder(s).

14. AMERICANS WITH DISABILITIES ACT (ADA)

A qualified interpreter for the hearing impaired is available upon request at least 10 (ten) days in advance of the bid opening date. Please call (706) 613-88 for more information for the hearing impaired. This service is in compliance with the Americans with Disabilities Act (ADA).

15. MINORITY BUSINESS ENTERPRISE POLICY STATEMENT: It is the policy of the

Athens-Clarke County government that no person or business shall be excluded from participation, denied the benefits of, or otherwise discriminated against in relation to the award and performance of any contract or subcontract on the grounds of race, color, creed, national origin, age, or sex.

16. HOLD HARMLESS AND INDEMNIFICATION

The Bidder agrees, insofar as it legally may, to indemnify and hold harmless the Unified Government of Athens-Clarke County, its officers, employees and agents from and against all loss, costs, expenses, including attorneys' fees, claims, suits and judgments, whatsoever in connection with injury to or death of any person or persons or loss of or damage to property resulting from any and all operations performed by Bidder, its officers, employees, and agents under any of the terms of this contract.

17. PRE-BID CONFERENCE: NONE .

18. BID OPENING: All bids will be electronically unsealed at the time of the bid opening.

19. COMMENCEMENT OF WORK AND WORK PERIOD: The Unified Government of

Athens-Clarke County expects to award the contract within 180 days of the bid opening date for work to commence.

20. INDEPENDENT CONTRACTOR: The contractor shall not be an employee of the Unified Government of Athens-Clarke County, but shall be an independent contractor.

Nothing in this agreement shall be construed as authority for the contractor to make commitments which shall bind the Unified Government or to otherwise act on behalf of the Unified Government, except as the Unified Government may expressly authorize in writing.

21. EXECUTION OF CONTRACT: Each bidder shall be prepared, if so requested by the

Owner, to present evidence of his experience, qualifications, and financial ability to carry out the terms of the Contract. Notwithstanding any delay in the preparation and execution of the formal Contract Agreement, each bidder shall be prepared, upon written notice of bid acceptance, to commence work within 10 days following receipt of official written order of the Owner to proceed, or on date stipulated in such order.

The awarded bidder shall assist and cooperate with the Owner in preparing the formal Contract Agreement, and within 10 days following its presentation shall execute same and return it to the Owner.

BRAND NAMES: Bidders are to bid as specified herein. Determination of equality is solely the Unified Government of Athens-Clarke County’s responsibility.

24. TAXES. Contractor will be provided with the Unified Government of Athens-Clarke

County’s Sales and Use Tax Certificate of Exemption number upon request.

25. DELIVERY. Prices proposed shall include delivery and shall be F.O.B. to 325 Pound Street

Athens, Georgia 30601.

26. ALTERNATE BIDS

Alternate BIDs or BIDs that deviate substantively from the requirements of this solicitation will not be considered. Bidders shall not insert in their BID any written statement which will have the effect of making any material change or changes in the Technical Specifications or in any contract between the parties covering subject matter thereof.

28. TERMINATION WITHOUT CAUSE: The Unified Government of Athens-Clarke

County reserves the right to terminate the contract at any time without cause, in whole or in part, by providing a written notice to the other party at least ten (10) days before the effective date of termination. The other party will not be relieved of any outstanding responsibilities or unfinished obligations under this contract that were incurred prior to termination.

29. OPEN RECORDS

In accordance with OCGA Section 50-18-72(a)(34) Any trade secrets obtained from a person or business entity that are required by law, regulation, bid, or request for proposal to be submitted to an agency. An entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10. If such entity attaches such an affidavit, before producing such records in response to a request under this article, the agency shall notify the entity of its intention to produce such records as set forth in this paragraph. If the agency makes a determination that the specifically identified information does not in fact constitute a trade secret, it shall notify the entity submitting the affidavit of its intent to disclose the information within ten days unless prohibited from doing so by an appropriate court order. In the event the entity wishes to prevent disclosure of the requested records, the entity may file an action in superior court to obtain an order that the requested records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor with a copy of its court filing. If the agency makes a determination that the specifically identified information does constitute a trade secret, the agency shall withhold the records, and the requester may file an action in superior court to obtain an order that the requested records are not trade secrets and are subject to disclosure;

30. PROTEST PROCEDURE

The protest procedure is the first step toward resolving a dispute between ACC and vendors when a vendor chooses to challenge an award of contract to another vendor. A protest must be presented to the Purchasing Division in writing within five (5) calendar days of the official notice of award. All protests require a written response from the Purchasing Administrator within five (5) calendar days of the receipt the written protest.

If a vendor is not satisfied with the response from the Purchasing Administrator, the vendor may appeal, in writing, to the Manager within five (5) calendar days. Vendors that are not satisfied with the Manager’s response to a written protest may appeal, in writing, to the administrative hearing officer pursuant to the Section 1-5-1 of the Athens-Clarke County Code for final determination.

SECTION III - INSURANCE REQUIRED FOR CONTRACTORS

UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY

Contractor shall procure and maintain insurance which shall protect the Contractor and ACCGov from any claims for bodily injury, property damage, or personal injury which may arise out of operations under the agreement. Contractor shall procure the insurance policies at the Contractor’s own expense and shall furnish ACCGov an insurance certificate listing ACCGov as certificate holder. The insurance certificate must document that the liability insurance coverage purchased by the Contractor includes contractual liability coverage to protect ACCGov. The insurance certificate must provide the following information:

1) Name and address of authorized agent

2) Name and address of insured

3) Name of insurance company (licensed to operate in Georgia)

4) Description of coverage in standard terminology

5) Policy period

6) Limits of liability

7) Name and address of certificate holder (ACCGov)

8) Acknowledgement of notice of cancellation to ACCGov

9) Signature of authorized agent

10) Telephone number of authorized agent

11) Details of policy exclusions in comments section of insurance certificate

12) Additional Insured Endorsement

Note: It is the intent of ACCGov that certificates of insurance should comply with the pertinent Rules of the Commissioner of Insurance, which are found in Chapter 120-2-103 of the Official Compilation of the Rules and Regulations of the State of Georgia.

Each policy shall contain a provision that coverage afforded under the policies will not be canceled (or not renewed or allowed to lapse for any reason) until at least thirty (30) days after Owner has received notice thereof as evidenced by return receipt of registered letter. All policies must be issued by an insurance company licensed to do business in the State of Georgia, with a minimum AM Best rating of A-, and signed by an authorized agent.

The Contractor must submit, along with insurance certificate(s), an additional insured endorsement for all coverages as allowed by statute naming the Unified Government of Athens Clarke County, and a notice of cancellation endorsement.

Coverages and Limits Required:

Workers Compensation (WC):

Workers Compensation Insurance (per Occurrence) in the amounts of the statutory limits established by the General Assembly of the State of Georgia (a self-insurer must submit a certificate from the Georgia Board of Works Compensation stating that the supplier qualifies to pay its own workers compensation claims). In addition, the supplier shall require all subcontractors occupying the premises or performing work under the contract to obtain an insurance certificate showing proof of Workers Compensation Coverage with the following minimum coverage:

Bodily injury by accident – per employee $100,000 Bodily injury by disease – per employee $100,000 Bodily injury by disease – policy limit $500,000

Commercial General Liability (CGL):

Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $1,000,000 General Aggregate Limit $2,000,000 Products/Completed Ops. Aggregate Limit $2,000,000

Automobile Liability:

Combined Single Limit $1,000,000

Fidelity Insurance: $50,000

Umbrella Liability: $2,000,000

Additional Insured: The vendor or contractor shall add “the Unified Government of Athens-Clarke County, its officers, employees, and agents” as an additional insured under the commercial general liability, automobile, and umbrella liability policies. The additional insured endorsement must be provided.

Sub-Contractor’s General Liability and Auto Insurance The Contractor shall require each of his sub-contractors to procure and to maintain during the life of his sub-contract, sub-contractor’s general liability and auto insurance of the type and amount specified previously.

SECTION IV - GENERAL CONDITIONS

A. Contractor shall furnish all service, personnel, material, tools and equipment as necessary for completion of BID #26012 Allison Hybrid Battery Pack Replacement Project in accordance with specifications.

B. CONTRACTOR'S INVOICE:

a. The Contractor shall prepare and submit invoices to the Finance Office address specified on individual orders. If the invoice does not comply with these requirements, the Finance Office will return it with the reasons why it is not a proper invoice. A proper invoice must include the items listed below.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Purchase order number for supplies delivered or services performed.

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms).

(vi) Name and address to which payment is to be sent.

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Any other information or documentation required by the contract (e.g., evidence of shipment).

C. TERMINATION FOR CAUSE: The Unified Government of Athens-Clarke County reserves the right to terminate the resulting contract, in whole or in part, for failure to comply with any provisions of the contract as outlined by providing a written notice to the contractor at least ten

(10) days before the effective date of termination. The contractor will not be relieved of any outstanding responsibilities or unfinished obligations under this contract. The contractor has the right to terminate this contract for cause by providing a written notice of intent to the Purchasing Administrator to terminate at least ten (10) days prior to the effective date of the contract termination.

D. REPORTING DISPUTES: The contractor shall report any contract disputes and/or problems to the Purchasing Administrator, both verbally and in writing, within 48 hours of their occurrence.

E. SAFETY: The contractor shall take every precaution at all times for the protection of persons and property, including the Unified Government's employees and property and its own. The contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work under this contract.

The contractor shall maintain an adequate safety program to insure the safety of contractor employees, subcontractor employees, and all other individuals working under this contract. In addition, the contractor must also provide the Unified Government of Athens-Clarke County with a written safety program that he intends to follow in pursuing work under this contract. No work under this contract will be permitted until the Unified Government is assured that the contractor has an adequate safety program in effect.

F. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of the Unified Government of Athens-Clarke County Purchasing Office. If a portion of the work is approved for subcontracting, the contractor shall remain fully liable and responsible for the work to be done by the subcontractor(s) and shall assure compliance with all requirements of this contract.

G. PERMITS AND RESPONSIBILITIES:

The Contractor shall, without additional expense to the Unified Government of Athens-Clarke County, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occurs as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract.

SECTION V – SCOPE OF WORK

The awarded vendor shall supply six new Allison H40 EP Energy Storage Systems (ESS) to the Transit Department/ Maintenance Division. The Allison Hybrid ESS units procured will serve as a replacement in six 2018 Gillig Hybrid 40’ low floor BRT transit coaches. The Allison Hybrid ESS units proposed shall be new, and an exact original equipment manufacturers (OEM) replacement for the existing Allison Hybrid ESS in each transit bus. The vehicle identification number, ESS serial number & drive unit serial number have been provided for each unit in the specifications section of this IFB to aid prospective vendors in identifying the correct replacement ESS unit. The pricing proposed shall include on-site programming of the internal ESS battery control interface module for each Transit bus receiving an ESS.

The procured Allison hybrid energy storage systems (ESS) shall be delivered to the Athens Clarke County Transit Maintenance Division at 325 Pound Street, Athens GA. 30601 no later than June 10th 2026. ESS units delivered to The Unified Government of Athens Clarke County Transit after June 10th 2026 shall be rejected and returned to the awarded vendor at no cost to ACCGov Transit.

The Allison hybrid energy storage systems shall include all applicable warranties for a new Allison hybrid ESS unit.

ESS/Hybrid Battery Pack Identifying Information

BUS #

Allison Hybrid Drive-unit serial number Allison Hybrid ESS Serial

Number Vehicle Identification number

759 7110009232 7010015676 15GGD301XJ3189679

762 7110009258 7010015679 15GGD301XJ3189682

763 7110009251 7010015680 15GGD3011J3189683

764 7110009271 7010015719 15GGD3013J3189684

766 7110009268 7010015723 15GGD3017J3189686

767 7110009270 7010015724 15GGD3019J3189687

SECTION VI BID FORMS

SECTION VI-A: BID FORM AND STATEMENT OF BIDDERS QUALIFICATION

BID of___________________________________________________________

(Hereinafter called "Bidder"), organized and existing under the laws of the State of

__________________________, doing business as ________________________________*.

In compliance with your BID, the bidder hereby agrees to perform and furnish all work for the requirement known as BID #26012 ALLISON HYBRID BATTERY PACK REPLACEMENT PROJECT In strict accordance with the bid Documents, within the time set forth therein, and at the price bid.

By submission of this Bid, the bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization that:

1. The bidder has examined and carefully studied the bid Documents and the Addenda, receipt of all of which is hereby acknowledged in Section V-C.

2. The bidder agrees that this bid may not be revoked or withdrawn after the time set for the opening of bid but shall remain open for acceptance for a period of sixty (60) days following such time.

Company:

Contact:

Address:

Phone: Fax

Email:

Authorized Representative/Title (print or type)

Authorized Representative (Signature)

Date

COMPANY

NAME:

MANDATORY SUBMITTAL

SECTION VI-B GEORGIA SECURITY & IMMIGRATION COMPLIANCE (GSIC)

AFFIDAVIT FORM

The Unified Government of Athens-Clarke County and Contractor agree that compliance with the requirements of O.C.G.A. § 13-10-91, as amended, and Rule 300-10-1-.02 of the Rules of the Georgia Department of Labor are conditions of this Agreement for the physical performance of services.

The Contractor further agrees that its compliance with the requirements of O.C.G.A. § 13-10-91, as amended, and DOL Rule 300-10-1-.02 is attested to on the executed Contractor Affidavit and Agreement attached hereto.

If employing or contracting with any subcontractor(s) in connection with this Agreement, Contractor further agrees:

(1) To secure from the subcontractor(s) an affidavit attesting to the subcontractor’s compliance with O.C.G.A. § 13-10-91, as amended, and DOL Rule 300-10-1-.02; such affidavit being in the form attached hereto; and

The failure of Contractor to supply the affidavit of compliance at the time of execution of this Agreement and/or the failure of Contractor to continue to satisfy the obligations of O.C.G.A. § 13- 10-91, as amended, and DOL Rule 300-10-1-.02 as set forth in this Agreement throughout the contract period shall constitute a material breach of the contract. Upon notice of such breach, Contractor shall be entitled to cure the breach within ten days, upon providing satisfactory evidence of compliance with the terms of this Agreement and State law. Should the breach not be cured, Athens-Clarke County shall be entitled to all available remedies, including termination of the contract and damages.

SEE AFFIDAVIT ON FOLLOWING PAGE

COMPANY

NAME:

CONTRACTOR AFFIDAVIT & AGREEMENT UNDER O.C.G.A. § 13-10-91(b)(1)

(effective July 1, 2013)

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10-91, as amended, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of The Unified Government of Athens-Clarke County, Georgia, has registered with, is authorized to use, and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the provisions and deadlines established in O.C.G.A. § 13-10-91, as amended.

Furthermore, the undersigned will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

Federal Work Authorization User Identification Number Date of Authorization

Name of Contractor:

Name of Project: _______________________________________________________________

Name of Public Employer: __________________________________________________________

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on ____, ___________, 202__ in _______________________, _____________________.

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE

____ DAY OF ____________, 202_

Notary Public My Commission Expires:

SECTION VII - FTA CONTRACT CLAUSES ACKNOWLEDGEMENT

U.S. Government Required Clauses

Fly America Requirements – Applicability – all contracts involving transportation of persons or property, by air between the U.S. and/or places outside the U.S. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).

Contractor shall comply with 49 USC 40118 (the “Fly America” Act) in accordance with General Services Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and their contractors are required to use US Flag air carriers for US 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. Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a US 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. Contractor shall include the requirements of this section in all subcontracts that may involve international air transportation.

Buy America Requirements – Applicability – Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $150,000) Contractor shall comply with 49 USC 5323(j) and 49 CFR 661, stating 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 CFR 661.7, and include software, microcomputer equipment and small purchases (currently less than $150,000) made with capital, operating, or planning funds. Separate requirements for rolling stock are stated at 5323(j)(2)(C) and 49 CFR 661.11. Rolling stock must be manufactured in the US and have a minimum 60% domestic content for FY2016 and FY2017, a minimum 65% domestic content for FY2018 and FY2019 and a minimum 70% domestic content for FY2020 and beyond. A bidder or offeror shall submit appropriate Buy America certification to the recipient with all bids on FTA-funded contracts, except those subject to a general waiver. Proposals not accompanied by a completed Buy America certification shall be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

Charter Bus Requirements – Applicability – Operational Service Contracts. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).

Contractor shall comply with 49 USC 5323(d) and (g) and 49 CFR 604, which state that recipients and subrecipients of FTA assistance may provide charter service for transportation projects that uses equipment or facilities acquired with Federal assistance authorized under the Federal transit laws (except as permitted by 49 CFR 604.2), or under 23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, “Charter Service,” 49 CFR part 604, the terms and conditions of which are incorporated herein by reference.

School Bus Requirements – School Bus Requirements – Applicability – Operational Service

Contracts. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000). Pursuant to 69 USC 5323(f) or (g) as amended by MAP-21, 23 USC 133, 23 USC 142, and 49 CFR 605, recipients and subrecipients of FTA assistance shall not engage in school bus operations exclusively for transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions.

When operating exclusive school bus service under an allowable exemption, recipients and subrecipients shall not use federally funded equipment, vehicles, or facilities.

Violations. If a Recipient or any Third-Party Participant that has operated school bus service in violation of FTA’s School Bus laws and regulations, FTA may: (1) Require the Recipient or Third-Party Participant to take such remedial measures as FTA considers appropriate, or (2) Bar the Recipient or Third Party Participant from receiving Federal transit funds.

Cargo Preference - Use of US-Flag Vessels – Applicability – Contracts involving equipment, materials or commodities which may be transported by ocean vessels. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000).

Contractor shall: a. use privately owned US-Flag commercial vessels to ship at least 50% 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 US flag commercial vessels; b. furnish within 20 working days following the loading date of shipments originating within the US or within 30 working days following the loading date of shipments originating outside the US, a legible copy of a rated, "on-board" commercial bill-of-lading in English for each shipment of cargo described herein to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the recipient (through contractor in the case of a subcontractor's bill-of-lading.) c. include these requirements in all subcontracts issued pursuant to this contract when the subcontract involves the transport of equipment, material, or commodities by ocean vessel.

Seismic Safety – Applicability – Construction of new buildings or additions to existing buildings. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000). Contractor agrees that any new building or addition to an existing building shall be designed and constructed in accordance with the standards required in USDOT Seismic Safety Regulations 49 CFR 41 and shall certify compliance to the extent required by the regulation. Contractor shall also ensure that all work performed under this contract, including work performed by subcontractors, complies with the standards required by 49 CFR 41 and the certification of compliance issued on the project.

Energy Conservation – Applicability – All Contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000) Contractor shall comply with mandatory standards and policies relating to energy efficiency, stated in the state energy conservation plan issued in compliance with the Energy Policy & Conservation Act.

Clean Water – Applicability – All Contracts and Subcontracts over $250,000. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Contractor shall report each violation to the recipient and understands and agrees that the recipient shall, in turn, report each violation as required to FTA and the appropriate EPA Regional Office. Contractor shall include these requirements in each subcontract exceeding $250,000 financed in whole or in part with FTA assistance.

Bus Testing – Applicability – Rolling Stock/Turnkey Contractor [manufacturer] shall comply with 49 USC A5323(c) and FTA's implementing regulation 49 CFR 665 and shall perform the following:

1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient prior to the recipient's final acceptance of the first vehicle.

2) A manufacturer who releases a report under para. 1 above shall provide notice to the operator of the testing facility that the report is available to the public.

3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to the recipient's final acceptance of the first vehicle. If configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer's basis for concluding that it is not a major change requiring additional testing.

4) If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass transit service in the US before Oct. 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle's configuration and major components.

Pre-Award & Post-Delivery Audit Requirements - Applicability – Rolling Stock/Turnkey Contractor shall comply with 49 USC 5323(l) and FTA's implementing regulation 49 CFR 663 and submit the following certifications:

1) Buy America Requirements: Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If contractor certifies compliance with Buy America, it shall submit documentation listing:

A. Component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and B. The location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly.

C. Solicitation Specification Requirements: Contractor shall submit evidence that it will be capable of meeting the bid specifications.

D. Federal Motor Vehicle Safety Standards (FMVSS): Contractor shall submit 1) manufacturer's FMVSS self-certification sticker information that the vehicle complies with relevant FMVSS or 2) manufacturer's certified statement that the buses will not be subject to FMVSS regulations.

Lobbying – Applicability - Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts over $250,000 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 $250,000 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.

Access to Records and Reports– Applicability – As shown below. These requirements do not apply to micro-purchases ($10,000 or less, except for construction contracts over $2,000) The following access to records requirements apply to this Contract:

1. Where the purchaser is not a State but a local government and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 18.36(i), contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives access to any books, documents, papers and contractor records which are pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor shall also, pursuant to 49 CFR 633.17, provide authorized FTA representatives, including any PMO contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which is receiving FTA assistance through the programs described at 49 USC 5307, 5309 or 5311.

2. Where the purchaser is a State and is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 633.17, contractor shall provide the purchaser, authorized FTA representatives, including any PMO Contractor, access to contractor's records and construction sites pertaining to a capital project, defined at 49 USC 5302(a)1, which receives FTA assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a capital project excludes contracts of less than the simplified acquisition threshold currently set at $250,000.

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 an FTA recipient or a subgrantee of FTA recipient in accordance with 49 CFR 19.48, contractor shall provide the purchaser, the FTA, the US Comptroller General or their authorized representatives, 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 a purchaser which is an FTA recipient or a subgrantee of FTA recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a)1) through other than competitive bidding, contractor shall make available records related to the contract to the purchaser, the Secretary of USDOT and the US Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

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

6. Contractor shall maintain all books, records, accounts and reports required under this contract for a period of not less than three (3) 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 recipient, FTA Administrator, US Comptroller General, or any of their authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Re: 49 CFR 18.39(i)(11).

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

Federal Changes – Applicability – All Contracts except micro-purchases ($10,000 or less, except for construction contracts over $2,000) Contractor shall comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the recipient and FTA, as they may be amended or promulgated from time to time during the term of the contract. Contractor's failure to comply shall constitute a material breach of the contract.

Bonding Requirements – Applicability – For those construction or facility improvement contracts or subcontracts exceeding $250,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows:

a. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified.

b. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract.

c. A payment bond on the part of the contractor for 100 percent of the contract price. A

"payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows:

(1) 50% of the contract price if the contract price is not more than $1 million;

(2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or

(3) $2.5 million if the contract price is more than $5 million.

d. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond.

Bid Bond Requirements (Construction)

(a) Bid Security - A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder.

(b) Rights Reserved - In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient).

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor.

It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by…