City of Huntsville, Alabama Finance Department

Procurement Services Division

Invitation For Bids Accident & Body Repair Services for Transit Buses and Vans

Invitation for Bid #: 1-2026-54

Issue Date: October 22, 2025

Bid Bond Requirements: No, a Bid Bond is not required

Certificate of Insurance Requirements: Yes, a Certificate of Insurance is required

Pre-Bid Conference Date: November 19, 2025 @ 9:00 AM CST 500 B Church Street NW, Huntsville, AL 35801

Deadline for Questions Date: November 25, 2025 @ 2:00 PM CST All questions must be submitted in writing to tomasa.buis@huntsvilleal.gov

IFB Closing Date: December 2, 2025 @ 2:00:00 PM CST

Bid Opening Location: Council Chambers – 2nd Floor

305 Fountain Circle, Huntsville, Alabama 35801

Procurement Services Contact: Tomasa Buis tomasa.buis@huntsvilleal.gov

(256) 427-5058

City Internet Site: https://www.bidnetdirect.com/alabama/cityofhuntsville

IFB E-Documents: Fleet Listings.pdf

Bid Copies to be Submitted 1 Original, Unbound

City File Reference: Accident & Body Repair Services for Public

Transit Buses and Vans mailto:tomasa.buis@huntsvilleal.gov mailto:tomasa.buis@huntsvilleal.gov https://www.bidnetdirect.com/alabama/cityofhuntsville

Invitation for Bid # 1-2026-54

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDS – NOTICE TO BIDDERS

APPENDIX A: BIDDER PRICING FORM

APPENDIX B: DETAILED REQUIREMENTS CHECKLIST, IF APPLICABLE

APPENDIX C: BIDDER INFORMATION & ACKNOWLEDGMENTS

APPENDIX D: REPORT OF OWNERSHIP FORM

APPENDIX E: ADDITIONAL DOCUMENTATION, IF APPLICABLE (RESERVED)

APPENDIX F: SPECIAL TERMS AND CONDITIONS, IF APPLICABLE (RESERVED)

ATTACHMENT A GUIDING DOCUMENTS

SECTION 1.0 – INTRODUCTION

SECTION 2.0 – GENERAL TERMS AND CONDITIONS

SECTION 3.0 – BIDDER INSTRUCTIONS

ATTACHMENT B BONDS AND INSURANCE REQUIREMENTS

ATTACHMENT C BID IDENTIFICATION & MAILING LABELS

ADVERTISEMENT FOR BIDS – NOTICE TO BIDDERS

BID # 1-2026-54

DESCRIPTION

The City is soliciting sealed fixed-price bids from qualified vendors for the provision of Accident & Body Repair Services for Public Transit Buses and Vans as specified in this Invitation for Bid. The scope of work may include, but is not limited to, the supply and delivery of goods, performance of services, or a combination thereof, as outlined in the Contract documents.

All proposed pricing shall be inclusive of all costs necessary to fulfill the Contract requirements, including labor, supervision, materials, equipment, tools of the trade, transportation, and any other associated expenses. Bidders are expected to provide a comprehensive and firm fixed-price proposal that reflects full compliance with the specifications and performance standards set forth by the City.

CONTRACT AWARD & TERM

It is the intention of the City to award a periodic contract to the lowest responsive and responsible bidder(s) that submits the lowest fixed price, confirming to the terms, conditions, and specifications as detailed in this solicitation.

The contract shall have an initial term of one (1) year from the date of award. The City reserves the right to extend the contract for two (2) additional one (1) year terms for a maximum of three (3) years as permissible under State Law.

The City shall notify the awarded vendor(s) a minimum of thirty (30) days prior to expiration of the contract term of its intention to either extend the contract for an additional term or allow the contract to terminate upon the term expiration date.

The City shall not guarantee the vendor(s) a minimum quantity of commodities and/or services to be provided under the contract.

The City reserves the right to award contracts to multiple vendors as determined to be in the City’s best interest.

Likewise, Bidders may bid on all the categories of items or less than all the categories of items included on the pricing form.

CONTRACT PRICING

The contract pricing structure may be adjusted on an annual basis at the time of extension. Upon renewal, any price increase or decrease shall be in exact increments of any price increase or decrease imposed by the supplier. With any price increase, the contractor shall provide a copy of the supplier’s price increase notification along with the request. Contract pricing adjustments shall not be considered for fuel price fluctuations and fuel surcharges shall not be paid under this contract.

BID SUBMITTAL/RECEIVING OF BIDS

Bids shall be submitted to Procurement Services on or before the scheduled bid opening date as specified on the cover page. All bids must be in Procurement Services possession by 2:00:00PM CST on the schedule bid opening date. Bid packets will be date and time stamped upon receipt by Procurement Services.

For the purposes of receiving bids, the clock located in the City Council Chambers located on the 2nd Floor of 305 Fountain Circle, Huntsville, Alabama 35801, regulated by the National Institute for Standards and Technology (NIST), shall be the official record of time.

Bid Opening Day Submittals: Bidders submitting bids on the scheduled bid opening date who arrive at City Hall – 305 Fountain Circle, Huntsville, Alabama 35801 at 1:45:00PM or after shall report directly to the Council Chambers and hand-deliver (submit) their bid proposal to Procurement Services.

All timely submitted bids will be publicly opened and read in the Council Chambers at 2:00:00PM CST.

OTHER REQUIREMENTS

• Bid Packet Submittal Checklist:

o Appendix A: Bidder Pricing Form o Appendix B: Detailed Requirement Checklist, if applicable (Reserved) o Appendix C: Bidder Information and Acknowledgments o Appendix D: Report of Ownership Form o Appendix E: Additional Documentation, if applicable (Reserved) o Appendix F: Special Terms and Conditions, if applicable (Reserved) o E-Verify Memorandum of Understanding – www.e-verify.gov o Bid Bond, if required pursuant to cover page o Bid Identification/Mailing Label

• Certificate of Insurance (COI) – required of the successful bidder as a requirement of contract award as outlined in the General Terms and Conditions. A valid (current) COI shall be maintained and provided by the successful bidder for the duration contract.

• City of Huntsville Business License – successful bidders who maintain a physical location and/or physically conduct business in the city limits of Huntsville shall provide a copy and maintain an active business license for the duration of the contract.

http://www.e-verify.gov/

APPENDIX A

BIDDER PRICING FORM

The City reserves the right to make an award in whole or part to one or more Bidders whenever deemed necessary and in the best interest of the City. Per the Advertisement for Bids – Notice to Bidders, bids will be evaluated as a whole or on a category basis. All minimum quantities provided are considered to be estimates only.

Bidder must include in its Bid price all labor, supervision, materials, equipment, and tools of the trade required to meet the Contract requirements. Prices quoted shall be in U.S. Dollars, delivered prices, F.O.B. destination, exclusive of all federal or state excise, sales, and manufacturer's taxes. The City will not accept charges for transportation, handling, packaging, installation or out-of-pocket expense other than as specified in the Bid.

Prices quoted to the City shall remain firm for a minimum of ninety (90) days from the date of opening of the bid, unless so stated differently in the bid. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. The City will be protected against any increase above the price in the bid. Any bid containing an "Escalator Clause" will not be considered unless so stipulated in the Invitation for Bid. Discounts will be considered in determining the lowest responsible bidder, however, any payment term based on less than 30 days will not be considered. Discounts will be figured from the date of acceptance by the City regardless of date of delivery or invoice.

Bidder shall acknowledge receipt of all addenda in the space provided on the Bidder Pricing Form below. Failure to acknowledge receipt of addenda shall not relieve Bidder of full responsibility for all requirements contained in addenda.

We acknowledge receipt of the following addenda: ______________________________

I. Cost of Service:

A. Labor rate per hour: $________ per hour

B. Percentage mark-up on parts, materials, and supplies: ________%

This Price Bid Form is hereby submitted by the undersigned. I affirm that I understand and agrees that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as the original signature.

Printed legal name of Bidder Printed name of individual/corporate officer/general partner/joint venturer AND Title

Signature Date

APPENDIX B

DETAILED REQUIREMENTS CHECKLIST

The following specifications are being provided to potential bidders as guidelines which describe the minimum type and quality of service the City of Huntsville is requiring. The Bidder must indicate compliance or list exceptions to each specification item for consideration and/or acceptance. Failure to comply with this provision shall be cause for rejection of the bid as non-responsive.

Line Ref

# SPECIFIC FUNTIONAL REQUIREMENTS

VENDOR

COMPLIANCE

YES NO

A. REQUIREMENTS AND SPECIFICATIONS

As requested on an “as needed” basis, by City of Huntsville Transit staff, contractor will provide repair estimates as follows:

• List of all parts, materials, and supplies needed to make repairs

• Number of hours labor estimated to make repairs

• The labor costs should be based on the bid hourly rate x the estimated hours to complete the job.

• The Hourly Rate must be the same as provided in the original bid proposal.

Contractor Estimates will be required to be provided in writing and no later than 72 hours after receiving vehicle for inspection.

3 The Contractors Estimate shall clearly state the Date of Anticipated Completion.

The Estimate shall show a total cost that includes all parts, materials, labor, and miscellaneous supplies. The contractor will not be permitted to raise the estimate afterwards without clear documentation of the additional unexpected costs. In such case, prior approval from the City of Huntsville will be required.

Once the Purchase Order is issued, the Contractor will take full possession of bus / van and have responsibility for performing all tasks to complete repair within the quoted timeframe; and in accordance with the agreed contracted hourly labor rate.

Non-OEM parts or fabricated parts and panels will be allowed when OEM parts are unavailable; however, must be pre-approved by the City of Huntsville Transit Representative in advance.

Contractor must have a Body Repair / Paint booth large enough to accommodate up to 40-foot transit buses.

8 Contractor must be able to install and remove vinyl wraps.

APPENDIX C

BIDDER INFORMATION & ACKNOWLEDGEMENTS

1. BIDDER INFORMATION

Business Organization

Name of Proposer (exactly as it would appear on an agreement):

Doing-Business-As Name of Proposer:

Principal Office Address:

Telephone Number: _________________________________________________________

Fax Number: _________________________________________________________

Form of Business Entity [check one (“X”]

Corporation _____ Partnership _____ Individual _____ Joint Venture _____ Other (describe): _____ _________________________________________________

Corporation Statement

If a corporation, answer the following:

Date of incorporation: _________________________________________________________ Location of incorporation: _________________________________________________________ The corporation is held: Publicly ___ Privately ___

Names and titles of corporate officers:

Partnership Statement

If a partnership, answer the following:

Date of organization: _________________________________________________________ Location of organization: _________________________________________________________ The partnership is: General ___ Limited ___

Name, address, and ownership share of each general partner owning more than five percent (5%) of the partnership:

Joint Venture Statement

If a Joint Venture, answer the following:

Date of organization: _________________________________________________________ Location of organization: _________________________________________________________ JV Agreement recorded? Yes ___ No ___

Name, address of each Joint Venturer and percent of ownership of each:

2. CITY OF HUNTSVILLE EMPLOYEE, MEMBER OF HOUSEHOLD OR BUSINESS

ASSOCIATE

Code of Ala. 1975§36-25-11 requires that contracts entered into with a public official, a public employee, a member of the household of the public official or public employee, or a business with which a public official or public employee associates be filed with the Alabama Ethic Commission. If you are awarded the contract, and if you are a City employee, or if a member of your household is a City employee or public official, or if your business associates with a City employee or public official, you must comply with the provisions of Code al Ala. 1975§36-25-11.

City Employee Yes ______ No ______ If “Yes,” Department ________________________

Member of Household City Employee Yes ______ No ______ If “Yes,” Name (s) ________________________

Anyone associated with your company a City Employee Yes ______ No ______ If “Yes,” Name (s) ________________________

3. CONTRACTOR E-VERIFY – NOTICE

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535, Code of Alabama (1975) § 31-13-1 through 31-13-30 (also known as and hereinafter referred to as “ the Alabama Immigration Act”) as amended by Act No. 2012-491 on May 16, 2012 is applicable to all competitively bid contracts with the City of Huntsville.

As a condition for the award of a contract and as a term and condition of the contract with the City of Huntsville, in accordance with § 31-13-9 (a) of the Alabama Immigration Act, as amended, any business entity or employer that employs one or more employees shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama.

During the performance of the contract, such business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. The business entity or employer shall assure that these requirements are included in each subcontract in accordance with §31-13-9(c). Failure to comply with these requirements may result in breach of contract, termination of the contract or subcontract, and possibly suspension or revocation of business licenses and permits in accordance with §31-13-9 (e) (1) & (2).

Code of Alabama (1975) § 31-13-9 (k) requires that the following clause be included in all City of Huntsville contracts that have been competitively bid and is hereby made a part of this contract:

“By signing this contract the contracting parties affirm, for the duration of the agreement, that they will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the State of Alabama. Furthermore, a contracting party found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom.”

4. ACKNOWLEDGEMENTS

I hereby certify that I have read and understand the City of Huntsville’s General Terms and Conditions. I hereby certify that I agree to comply with all of the General Terms and Conditions of this IFB. I also understand that the General Terms & Conditions are standard and that any contradicting requirements of the IFB supercede.

I affirm that I have not been in any agreement or collusion among Proposers or prospective Proposers in restraint of freedom of competition.

Upon award of this bid, I will not substitute any item on this bid under any circumstances.

By signing this submittal, the Bidder represents and agrees that it is not currently engaged in, nor will it engage in, any boycott of a person or entity based in or doing business with a jurisdiction with which the State of Alabama can enjoy open trade.

I affirm that I understand and agrees that any form of electronic signature, including but not limited to signatures via facsimile, scanning, or electronic mail, may substitute for the original signature and shall have the same legal effect as the original signature.

Signature of Proposer Legal Name of Firm

Print or Type Name of Proposer Mailing Address

Date City State Zip Code

Phone Fax

Email Address

Website Address

APPENDIX D

REPORT OF OWNERSHIP FORM

A. General Information. Please provide the following information:

Legal name(s) (include “doing business as”, if applicable):______________________________________________.

City of Huntsville current taxpayer identification number (if available): _____________________________________.

(Please note that if this number has been assigned by the City and if you are renewing your business license, the number should be listed on the renewal form.)

B. Type of Ownership. Please complete the un-shaded portions of the following chart by checking the appropriate box below and entering the appropriate Entity I.D. Number, if applicable (for an explanation of what an entity number is, please see paragraph C below):

Type of Ownership (check appropriate box)

Entity I. D. Number & Applicable State

Individual or Sole Proprietorship

Not Applicable

General Partnership

Not Applicable

Limited Partnership (LP)

Number & State:

Limited Liability Partnership (LLP)

Limited Liability Company (LLC) (Single Member)

LLC (Multi-Member)

Corporation

Other, please explain:

Number & State (if a filing entity under state law):

C. Entity I.D. Numbers. If an Entity I.D. Number is required and if the business entity is registered in this state, the number is available through the website of Alabama’s Secretary of State at: www.sos.state.al.us/, under “Government Records”. If a foreign entity is not registered in this state please provide the Entity I.D. number (or other similar number by whatever named called) assigned by the state of formation along with the name of the state.

D. Formation Documents. Please note that, with regard to entities, the entity’s formation documents, including articles or certificates of incorporation, organization, or other applicable formation documents, as recorded in the probate records of the applicable county and state of formation, are not required unless: (1) specifically requested by the City, or (2) an Entity I.D. Number is required and one has not been assigned or provided.

Please date and sign this form in the space provided below and either write legibly or type your name under your signature. If you are signing on behalf of an entity please insert your title as well.

Signature: ________________________________________________ Title (if applicable): __________________________

Type or legibly write name: ___________________________________ Date: ____________________________________ http://www.sos.state.al.us/

APPENDIX E

ADDITIONAL DOCUMENTATION

G eneral Information

The City of Huntsville (Huntsville Transit) Department of Parking & Transit provides fixed route bus service on 12 routes throughout the City of Huntsville with 27 medium and heavy-duty diesel fixed route buses. The fixed route fleet ranges from smaller 30-foot trolley buses up to 40-foot heavy duty transit buses. Huntsville Transit also provides a door-to-door paratransit service for individuals with disabilities utilizing a fleet of 25 body on chassis wheelchair lift vehicles. Most of the paratransit fleet consists of Ford E350 and E450 StarCraft Body on Chassis with Wheelchair lift. See Fleet Listings Attachment.

The purpose of this solicitation is to find and enter into an agreement with a body shop business that can perform as-needed repairs to our Huntsville Transit fleet vehicles when involved in accidents.

Bidders should provide the following information and documentation:

• Qualifications of Business

• References

• Address and Description of Repair Facility

• Years experience Performing Body Repair for Vehicles up to 40 feet + Diesel buses or trucks

• Proof of Workers Compensation Insurance and General Liability Insurance

E valuation and Selection

Bids are subject to evaluation based on the criteria listed above. The evaluation team may decide to require a site visit to the proposed repair facility as part of its evaluation.

APPENDIX F

SPECIAL TERMS & CONDITIONS

Of Note, the awarded Contractor is certifying compliance to all relevant clauses herein and that all sub-contractors under this contract shall certify all relevant clauses herein, if applicable.

1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES - The Federal Government shall not be subject to any obligations or liabilities to any third-party contractor or other participant at any tier of the Project.

2. PROGRAM FRAUD AND FALSE STATEMENTS OR CLAIMS – The Contractor, subrecipients, subcontractors, agree to 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 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, and 49 U.S.C. §5323(1), 18 U.S.C. §1001 may apply to a subcontractor at any tier.

3. ACCESS TO RECORDS AND REPORTS –

1) The Contractor will retain and will require its sub-contractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.

2) The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R.

§200.333. 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).

3) The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required.

4) The Contractor agrees to permit FTA and its contractors’ access to the sites performance under this contract as reasonably may be required.

4. FEDERAL REQUIREMENT CHANGES – The 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 City of Huntsville, AL Huntsville Transit 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. The Contractor shall require subcontractors, at all tiers, to comply with all the applicable federal changes as listed above.

5. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests which would cause City to be in violation of the FTA terms and conditions.

6. DISADVANTAGED BUSINESS ENTERPRISE – The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts.

Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not

This contract is partially funded with 49 U.S.C., Chapter 53, Title 23, Section 5307, CFDA 20.507, and/or Section 5339, CFDA 20.526 Federal Transit Grant Funds. The attached Federal Compliance items must be certified. All proposals that do not have the certifications attached will be disqualified.

limited to:

1) Withholding monthly progress payments;

2) Assessing sanctions;

3) Liquidated damages; and/or

4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).

7. CIVIL RIGHTS - The Contractor, subrecipient or subcontractor must comply with the following Federal Laws:

1) 1) Nondiscrimination - In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age, and all other applicable regulations as required by FTA.

2) Race, Color, Religion, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S.

DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.

3) Age - In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C.

§ 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age, and any other requirements that FTA may issue.

4) Disabilities - In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

5) Federal Law & Public Policy Requirements – The contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements:

including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination; and the Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law.

8. 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. Complying with and facilitating compliance with: (1) Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and (2) U.S. Environmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 C.F.R. part 247.

9. TRAFFICKING in PERSONS – The contractor agrees that it and its employees, may not:

1) Engage in severe forms of trafficking in persons during the period of time that the agreement is in effect;

2) Precure a commercial sex act during the period of time that that the agreement is in effect, or

3) Use forced labor in the performance of the contract or sub-contracts.

10. FEDERAL TAX LIABILITY and RECENT FELONY CONVICTIONS – The contractor agrees to comply with Consolidated Appropriations Act, 2019, Pub. L. 116-6, div. D, title VII, §§ 744–745), U.S. DOT Order

4200.6. The undersigned certifies, to the best of his or her knowledge and belief, that:

1) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

2) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.

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

I. ______________________________ Signature of Contractor's Authorized Official II. _______________________________ Name and Title of Contractor's Authorized Official

III. _______________________________ Date

11. SAFE OPERATIONS of MOTOR VEHICLES – The contractor is encouraged to have safe operations of motor vehicle policies:

1) Seat Belt Use – Adopting and promoting on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles; and

2) Distracted Driving, Including Text Messaging While Driving – The contractor agrees to:

I. Safety. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contractor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the Agreement, or when performing any work for or on behalf of the Agreement; and

II. Contractor Size. Conduct workplace safety initiatives in a manner commensurate with its size, such as establishing new rules and programs to prohibit text messaging while driving, re-evaluating the existing programs to prohibit text messaging while driving, and providing education, awareness, and other outreach to employees about the safety risks associated with texting while driving; and

III. Extension of Provision. Include this Special Provision in each third party subagreement at each tier supporting this agreement.

12. ADA ACCESS –The contractor agrees to comply with mandatory requirements relating to Federal protections for individuals with disabilities under the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Section 12101 et seq., prohibiting discrimination against qualified individuals with disabilities in all programs, activities, and services. It also imposes specific requirements on public and private public and private entities. The contractor must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA employment, public services, public accommodations, telecommunications, and other provisions.

13. SAFETY SENSITIVE INFORMATION – The contractor must protect, and take measures to ensure that its sub-contractor(s) at each tier protect, “sensitive security information” made available during the administration of a contract or sub-contract to ensure compliance with 49 U.S.C. Section 40119(b) and implementing DOT regulations, “Protection of Sensitive Security Information,” 49 C.F.R. Part 15, and with 49 U.S.C. Section 114(r), and implementing Department of Homeland Security regulations, 49 C.F.R. Part 1520.

14. TERMINATION PROVISIONS – (Applicable to contracts exceeding $10,000). The termination clauses extend to Contractors, sub-contractors, and sub-recipients at every level.

1) Termination for Convenience (General Provision) - The City of Huntsville 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 City of Huntsville to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Huntsville, the Contractor will account for the same, and dispose of it in the manner the City of Huntsville directs.

2) 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 City of Huntsville 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 City of Huntsville 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 City of Huntsville, 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.

3) Opportunity to Cure (General Provision) - The City of Huntsville 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 City of Huntsville’s satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor or written notice from City of Huntsville setting forth the nature of said breach or default, the City of Huntsville shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City of Huntsville from also pursuing all available remedies against Contractor and its sureties for said breach or default.

4) Waiver of Remedies for any Breach - In the event that the City of Huntsville elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by The City of Huntsville shall not limit City of Huntsville’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract.

5) Termination for Default (Supplies and Service) - If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Huntsville may terminate this contract for default. The City of Huntsville shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City of Huntsville.

15. DEBARMENT AND SUSPENSION (Applicable to Procurements Exceeding $25,000) - The contractor agrees to comply with applicable provisions of Executive Orders Nos. 12549 and 12689, “Debarment and Suspension,” 31 U.S.C. § 6101 note, and U.S. DOT Regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. Part 1200, and “Guidelines to Agencies on Government Wide Debarment and Suspension (Nonprocurement),” 2 C.F.R. Part 180.

When applicable, contractors, at any tier, will review the “Excluded Parties Listing System” at www.sam.gov , and will include a similar term or condition in each of its covered transactions. The Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:

1) Debarred from participation in any federally assisted Award;

2) Suspended from participation in any federally assisted Award;

3) Proposed for debarment from participation in any federally assisted Award;

4) Declared ineligible to participate in any federally assisted Award;

5) Voluntarily excluded from participation in any federally assisted Award; or

6) Disqualified from participation in any federally assisted Award

16. *ADDITIONAL NOTICE TO U.S. DOT INSPECTOR GENERAL - The Contractor agrees to promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Contractor is located, if the Contractor has knowledge of potential fraud, waste, or abuse occurring on this project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility also applies to subcontractors at any tier.

17. *PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT

1) The Contractor and Sub-Contractors are prohibited from obligating or expending Federal Transit Administration funds under this contract funds to:

2) Procure or obtain;

3) Extend or renew a contract to procure or obtain; or http://www.sam.gov/

4) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

5) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

6) Telecommunications or video surveillance services provided by such entities or using such equipment.

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

7) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

18. *CARGO PREFERENCE REQUIREMENTS

1) The contractor agrees:

I. To use privately owned United States-Flag commercial vessels to ship at least 50% of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-Flag commercial vessels, if available. 46 U.S.C. § 55305, and U.S.

Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.

II. To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington. DC 20590; and

III. To include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

19. *FLY AMERICA – Definitions. As used in this clause –

1) “International air transportation" means transportation by air between a place in the United States or between two places both of which are outside the United States. 2) “United States" means the 50 states, the District of Columbia, and outlying areas. 3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.

I. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, Agencies, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier is available to provide such services.

II. If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of Personnel (and their personal effects) or property.

III. In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for internation air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

1. Statement of Unavailability of U.S. Flag Air Carriers

a. International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag aur carrier service for the following reasons. See FAR §

47.403. [State reasons]:

IV. Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.

20. LOBBYING AND CERTIFICATION DISCLOSURE (Applicable to Procurements Equal to or Exceeding $100,000) - 31 U.S.C. 1352 (a), 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 $100,000 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. The undersigned certifies, to the best of his or her knowledge and belief, that:

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

2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

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

4) 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

I. _________________________________________ Signature of Contractor's Authorized Official

II. _________________________________________

Name and Title of Contractor's Authorized Official

III. _________________________________________

Date

21. *PROMPT PAYMENT

1) The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor’s work related to this contract is satisfactorily completed.

2) The contractor must promptly notify the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform, that work through its own forces or those of an affiliate without prior written consent of the Agency.

22. *SOLID WASTES (RECOVERED MATERIALS)

1) A Recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource…