Q-RTSX2612_Bus_Shelter_and_Amenities_for_City_Hall_Plaza.pdf

CITY OF GAINESVILLE

QUOTE REQUEST FORM

This quote is issued only through the OpenGov platform.

Quote Name: Bus Shelter and Amenities for City Hall Plaza

Quote Number: Q-RTSX2612

OpenGov allows for questions/answers within the platform. Department representative will issue addenda to ensure bidders are aware of all questions received and City’s response.

NOTE: Quotes will only be accepted through the OpenGov platform. The platform does not accept late submittals; there are no exceptions.

1. INSTRUCTIONS TO BIDDERS:

To download quote/upload response the bidder must be registered with OpenGov (https://procurement.opengov.com/portal/cityofgainesville). There are no costs to do so.

2. SPECIFICATIONS: See Section A

3. PRICE FORMAT: See Section B - All quotes should include freight. Unless otherwise stated, the award will be to the lowest responsive, responsible bidder.

4. RESPONSE REQUIREMENTS: These requirements are MANDATORY for an award to be made:

MINIMUM REQUIREMENTS: Not applicable

All responses must include:

a. Response to Requirements, including evidence of meeting Minimum Requirements

b. Pricing Page - Section B

c. References/Prior Work – Section C Required Not Required

d. Signature Page – Section D

5. TERMS AND CONDITIONS:

The City of Gainesville Procurement Terms and Conditions can be found HERE.

a. e-VERIFY REQUIREMENT:

To view the e-Verify requirements, refer to City’s Terms and Conditions, Page 3, #18 found HERE

b. LIVING WAGE REQUIREMENT:

Living Wage requirements, Ordinance 020663, as amended in Ordinance 030168, and in Ordinance 180999, found HERE

Note, if “HERE” links throughout the document do not work, then type the following into your browser:

https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do- Business-with-the-City https://procurement.opengov.com/portal/cityofgainesville https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Financial-Services/Do-Business-with-the-City

c. INSURANCE REQUIREMENTS:

Workers’ Compensation Insurance provide coverage in compliance with Florida Statutes

Professional Liability Insurance $N/A per occurrence combined single limit for bodily injury and property damage

Public Liability Insurance

(other than automobile) consisting of broad form comprehensive general liability insurance including contractual coverage

$1,000,000 per occurrence combined single limit for bodily injury and property damage

Automobile Liability Insurance $500,000 per occurrence combined single limit for bodily injury and property damage

SECTION A

SPECIFICATIONS

1.1 GENERAL DESCRIPTION

It is the intent of the City of Gainesville (also Regional Transit System or “RTS”) to obtain bid responses for a shelter and amenities that will be installed at the City of Gainesville’s City Hall Plaza to improve the safety, accessibility, and comfort for patrons at the City Hall Plaza location. This is a one-time purchase. A well-documented quality assurance (QA) program must be in place that provides a systematic approach for evaluation, inspection, testing, or whatever is needed to monitor and assure the quality of materials, workmanship, and finish shall be required. The line-item unit price(s) of each amenity listed must include all costs that the bidder intends to recover, including freight. All pricing to be firm for the award of this solicitation.

1.2 The required amenities shall comply with all applicable building codes, wind load, and seismic load specifications of the local and state jurisdictions and shall adequately satisfy the intent to create a uniform look across the RTS service area.

The amenities shall comply with standards included in the City of Gainesville Engineering Design, and Construction Manual1 and the most current standards set forth by the American Society for Testing2 and Materials and American Welding Society3. The amenities must also be in full compliance with Americans with Disabilities Act (ADA) requirements and should meet the applicable recommendations provided in the Florida Department of Transportation’s (FDOT) Accessing Transit Design Handbook for Florida Bus Passenger Facilities Version IV 20234.

1.3 Quantities

Required quantities are listed on the supplied bid sheet Section B Pricing Page.

1.4 Delivery

• Delivery of amenities shall be within 8-12 weeks after placement of the purchase order and shall include the delivery packing slip. The packing slip shall contain the purchase order number and a detailed listing of all materials shipped.

• The shipment shall contain installation instructions for all materials with parts clearly identified and fully compliant with all applicable guidelines, as well as all literature from the manufacturer for the delivered products.

• All hardware shall be prefabricated and prepackaged in knockdown kits for this stop improvement; bulk packaging of hardware is not acceptable. The delivered amenities shall be supplied with all necessary hardware for site installation.

• The amenities shall be installed using standard tools and equipment and be designed so that moderately skilled technicians can assemble and install, disassemble, remove, or replace with a limited amount of effort and time.

1.5 Plans and Permits

Contractor shall provide all drawings stamped and sealed by a professional structural engineer, licensed to practice in the State of Florida, confirming compliance with all applicable building codes. Drawings maybe included with the proposal or after the contract is awarded. Drawings include details for materials, fabrication and assembly, framing profiles, fastener types and locations, accessory components, mounting applications, installation and hardware to ensure all applicable building code standards are met. Drawings shall meet building code requirements for the permitting jurisdiction and be provided in a manner specified by local permitting jurisdictions. Notwithstanding the provision of drawings, technical specifications or other data by RTS, the contractor shall have the responsibility of supplying all parts and details required to make the amenities complete and ready for service even though such details may not be specifically mentioned in the drawings and specifications.

RTS requires the drawings, to scale, of the shelter and amenity are provided in electronic media (.pdf format preferred).

1.6 Descriptive Literature

• Bidders shall submit descriptive literature for all items requested that are not described by specific manufacturer, and/or for items that the bidder is offering as an “Equal Brand Name”. Descriptive literature must be received by

1https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Public-Works/Capital-Projects 2 http://www.astm.org/Standard/standards-and-publications.html 3 http://pubs.aws.org/t/procedures 4 https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/transit/transit-facilities-design/accessing-transit---design-handbook-for-florida-bus-passenger-facilities-14-20-rev.pdf?sfvrsn=e53730e5_1 https://www.gainesvillefl.gov/Government-Pages/Government/Departments/Public-Works/Capital-Projects http://www.astm.org/Standard/standards-and-publications.html http://pubs.aws.org/t/procedures https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/transit/transit-facilities-design/accessing-transit---design-handbook-for-florida-bus-passenger-facilities-14-20-rev.pdf?sfvrsn=e53730e5_1 https://fdotwww.blob.core.windows.net/sitefinity/docs/default-source/transit/transit-facilities-design/accessing-transit---design-handbook-for-florida-bus-passenger-facilities-14-20-rev.pdf?sfvrsn=e53730e5_1 the time specified in this solicitation for receipt of bids and clearly marked to identify the specific item(s) of the bid to which it applies.

• “Descriptive literature” means information furnished, such as cuts, illustrations, drawings, and brochures that clearly show an item’s characteristics, construction, or explains its operation.

• Descriptive literature is used to determine whether the item(s) offered comply with the solicitation requirements. It is used to identify details of the item(s) pertaining to such significant elements as: design, materials, components, performance characteristics, and methods of manufacture, assembly, construction, and/or operation. Descriptive literature includes only that information required to determine the technical acceptability of the offered product. It does not include other information such as that used to determine a prospective contractor’s responsibility, or for maintaining the item(s).

• Failure of a bidder to submit descriptive literature on time, or failure of the descriptive literature to clearly show that the item(s) offered, conform to the requirements of this solicitation shall result in rejection of the bid as nonresponsive.

1.7 Equal Product

The items called for in this quote are identified by generic description without mention of a brand name. Throughout the specifications, all described features and other requirements are the minimum criteria that shall be acceptable to RTS. Items offered must meet or exceed the minimum criteria. Offers for items that do not satisfy the minimum criteria shall not be considered for award. RTS reserves the right to determine if items offered meet or exceed the minimum criteria. Bidders are required to provide the manufacturer and model number of the unit bid and include the descriptive literature referenced above. Any request for a change to any amenity design requirement of the contract must be fully supported with technical data, test results or other pertinent information showing evidence that the exception shall result in a condition equal to or better than that required by the contract, without a substantial increase in cost or time requirements.

1.8 Interchangeability of Units

• The amenities shall be constructed of modular, interchangeable components to allow for ease of installation and parts replacement.

• The unit and components procured under this quote, whether provided by suppliers or manufactured by the contractor shall be duplicates in design, manufacture, and installation to assure interchangeability among amenities of the same type in this procurement. This interchangeability shall extend to the individual components of the amenities.

1.9 Spare Parts

The Contractor shall guarantee the availability of replacement parts for these amenities for at least a 10-year period after the date of acceptance. Spare parts shall be interchangeable with the original equipment and shall be manufactured in accordance with the quality assurance provisions of this contract. All replacement part numbers must be provided.

1.10 Installation

RTS’s intent is to install all amenities using a designated contractor.

1.11 Material and Workmanship Quality

Materials furnished by the contractor shall conform to the requirements of this document. The contractor shall be responsible for all materials and workmanship in the construction of the amenities and all accessories used, whether the same are manufactured by the contractor or purchased from a supplier. Seller hereby warrants that all materials furnished shall meet the requirements and conditions of the contract and shall be fit for the purposes intended. Acceptance of this warranty and acceptance of the materials to be manufactured or assembled pursuant to the specification in these contract documents shall not waive any warranty, either express or implied.

All materials are warranted by the bidder to be new and free from defects in material and workmanship pursuant to and in accordance with manufacturer’s warranties; bidder to describe warranty in detail with submission and summarize on product information sheet. During said warranty periods, the materials shall maintain structural and functional integrity.

The warranty is based on regular operation under operating conditions prevailing in the purchaser’s operating area. All general materials and workmanship shall be guaranteed to be free of defects for a minimum of at least one (1) year

(unless explicitly stated differently elsewhere) from date of installation; this includes but is not limited to lifting, peeling, flaking, and corrosion. Any defects shall be repaired or replaced to meet specifications at the expense of the contractor, including freight, parts and labor. Units shall be fabricated only with materials that will not rust or corrode in outdoor installations and will not be affected by any weather conditions. Moreover, all amenities are to be vandal resistant and maintenance free.

2. Amenity Specifications

For all items, it is RTS’s expectation that each bidder will use their discretion to provide a single type item for each category that meets all the structural and design requirements outlined in the bid document and that maintain a uniform look between all proposed items.

All items, including optional features, should be individually itemized along with their unit price.

2.1 Shelter

RTS serves a variety of street patterns, building designs and orientations, setbacks, and developable space. Because of the varied conditions, a non-advertising shelter design that can be easily reconfigured, with styles available in various sizes would serve the needs of RTS and its passengers.

2.1.1 Design

2.1.1.1 Dimensions:

• Minimum interior clearance of 8’10” high; maximum height not exceeding 11’ high

• Maximum width of 18’

2.1.2 Other Considerations

Shelter shall also have:

• Unobstructed views into and out of the approach side.

• Lexan roof panels.

• A design that maximizes shading and encourages cooling air movement.

• Integrated LED lighting to illuminate the interior area of the shelter.

• No gutter, downspouts or other drain component that can be blocked by leaves or other debris or to entrap standing water. Runoff shall be diverted away from the open front and avoid any possible entrapment of standing water.

• Two post design which utilizes masonry cladding on each post.

2.1.3 Construction Materials

Construction material shall consist of:

• No glass or Plexiglas panels.

• Stainless steel fasteners sized to meet specified loads. Any exposed fasteners shall be colored to match the finish of the framework components. Self-tapping fasteners or bolts fastened into threads cut into the aluminum framework at connection points shall not be acceptable.

• Coatings or materials that prevent electrolysis or other corrosion between dissimilar materials.

• All aluminum extrusions and components shall be AA6063-T6, minimum 1/8” wall thickness.

2.1.4 Structural Framing

2.1.4.1 Roof

• Modular allowing for other roof components, such as lighting to be securely fastened to the shelter in a concealed and tamper-proof manner.

• A perimeter with a minimum 4” high flat fascia suitable for application of logo decals, or location identification.

• Two horizontally channels: one to serve as a rain gutter and the other to allow for optional electrical wiring for lighting and/or conduit for “real-time” transit “information. Rain diverter channel will be covered with perforated screens to avoid debris collection

• Pre-drilled Roof beams with alignment channels for supporting legs to facilitate field installation.

• No snap together corners which can be vandalized.

• Dome or barrel vault roof.

• Lift points on each side of the roof to allow temporary movement of the shelter.

2.1.4.2 Other

• The shelter shall be surface mounted with threaded rod and epoxy or approved equal to concrete pads without the need for special footings or other foundations.

• Joints that are neat and clean and edges free of burrs.

• A powder-coat finish (preferred color RAL 7043 Traffic Grey) with touch-up kit to match the color. An outline of proposed powder coat finish process including sandblast, cleaning, pretreat, topcoat and quality check shall be provided.

• Footings shall have a minimum 1 square foot footprint including supporting gussets on each post. Final level shall be maintained by a minimum of two, ¼” stainless steel rivets or fasteners per post. Self-tapping screws shall not be acceptable. Posts must internally allow electrical conduit to pass through to supply power for LED roof lighting.

2.2 Benches

Both benches shall have an expected lifespan of at least 12 years.

Both benches will be ADA-compliant. The benches dimensions shall be as follows:

• 20” to 24” in seat depth;

• Maximum 28” in depth and 44” in height;

• Bench seat 17” (preferred) to 19” above the ground or floor;

• Back support that extends from a point 2” maximum from above the seat surface to a point 18” above the seat surface (gap between seat and back support).

Benches shall also contain the following features/characteristics:

• Be able to support 250 pounds of force applied at any point on the seat, fastener, mounting device, or supporting structure.

• Benches are constructed from metal with metal or composite slats.

• Surface mounted with hot dipped galvanized anchors.

• Be slip‐resistant and designed to shed water.

• Match the style of accompanying amenities.

• Bolt-on anti-vagrant bar(s).

2.3 Trash Receptacle

RTS desires one trash receptacle to match the material and color of surrounding amenities requested. Other trash receptacles features/characteristics include:

• Surface mountable on concrete pad independent of the shelter structure using hot dipped galvanized anchors

• A capacity of 30 to 40 gallons

• Twenty-gauge steel that is 100% welded including hinge latch mechanism that can be locked

• Hard rubber liner

• Powder coat finish approximately 5ml thick

• Design considerations that ensure explosive or hazardous materials cannot be hidden inside the receptacle

• Dome lid cover capable of reducing the deposit of oversized items and reducing water buildup in the receptacle

SECTION B

PRICING PAGE

1.1 BID PRICES

Pricing is firm for this purchase

The line-item unit price(s) of each amenity listed must include all costs that the bidder intends to recover, including freight.

Item Unit Measure Quantity Unit Price Extended

Total

1 Trash Receptacles (with liner) - Free Standing Each 1 $ $

2 Bench – Free Standing Each 2 $ $

3 Shelter Each 1 $ $

TOTAL $

1.2 WARRANTY

Is a warranty being provided? ☐Yes ☐No Who is providing the warranty? ☐Bidder (not manufacturer) ☐Manufacturer

If warranty is being provided, provide warranty details (to include the name and contact information of the business offering the warranty, the term of the warranty and what specifically the warranty will cover) here or attach to bid response:

FEDERAL TRANSIT ADMINISTRATION (FTA) REQUIREMENTS

Statement of Financial Assistance: This purchase or contract is funded in whole or in part by the U.S. Department of Transportation, Federal Transit Administration. The following requirements are applicable for this purchase or contract:

NOTE: Changes to FTA language are not allowed. Additionally, in the event of conflicting language between FTA clauses and City clauses, the most restrictive takes precedence.

A. No Federal Government Obligation to Third Parties

The City of Gainesville, hereafter “City” and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

B. Program Fraud and False or Fraudulent Statements and Related Acts

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

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.

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

C. Access to Records and Reports

1. Record Retention. The Contractor will retain, and will require its subcontractors 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-contracts, leases, subcontracts, arrangements, other third party contracts of any type, and supporting materials related to those records.

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

200.333. The Contractor shall maintain all books, records, accounts and reports required under this contract for a period of at 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.

3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337.

4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

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

E. Civil Right Laws and Regulations

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.

The following Federal Civil Rights laws and regulations apply to all contracts.

1. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:

a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.

2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity The City is an Equal Opportunity Employer. As such, City agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, City agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

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. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

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. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation;

and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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. In addition, the Contractor agrees to comply with any implementing requirements 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. Promoting Free Speech and Religious Liberty. 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.

F. Equal Employment Opportunity

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor’s non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive

Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

G. Disadvantaged Business Enterprise (DBE)

It is the policy of the Agency and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

The Contractor 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 City deems appropriate, which may include, but is not 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).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the City makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

DBE Participation Goal The agency’s overall goal for DBE participation for the period October 1, 2025 through September 30, 2028 is 6.75%.

The City has not set a specific goal for this project. Good Faith Efforts are encouraged, if possible.

H. 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 (42 U.S.C.§ 6201).

I. Americans with Disabilities Act (ADA)

The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

J. Privacy Acts

1. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the

Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.

2. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

K. Safe Operation of Motor Vehicles

Seat Belt Use The Contractor is encouraged to adopt and promote 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. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or City.

Distracted Driving The Contractor agrees to 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 Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this contract.

L. Incorporation of Federal Transit Administration (FTA) Terms

The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference.

Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

The following conditional requirements may apply based upon value and/or item/service:

M. Termination - If this solicitation or contract is valued in excess of $10,000.

The following language is from the City’s Draft Contract.

1. For Cause. Either City’s or Contractor’s failure to comply with their respective obligations contained in this Contract will be a material breach of this Contract (“Default”). The non-defaulting party shall provide written notice of Default to the defaulting party (“Notice of Default”). The defaulting party will have thirty (30) calendar days from the effective date of the Notice of Default, as determined by the “Notices” section of this Contract, to cure such Default (“Initial Cure Period”). In the event the nature of the Default is such that it cannot reasonably be cured within such Initial Cure Period, then the cure period will be extended in writing, so long as the defaulting party has commenced to cure such Default within said Initial Cure Period and the defaulting party diligently undertakes and pursues such cure to completion (“Extended Cure Period”). The defaulting party must provide the non-defaulting party with documentation evidencing that the defaulting party is diligently undertaking and pursuing such cure to completion. The foregoing notwithstanding, all monetary Defaults will be deemed capable of cure within thirty (30) calendar days. During the Initial Cure Period or any Extended Cure Period where the Contractor is the defaulting party, the City may suspend any payment otherwise payable pursuant to this Contract until the Default has been cured.

Upon the defaulting party's failure to cure such Default within the Initial Cure Period or any Extended Cure Period, as applicable, the non-defaulting party may choose to immediately terminate this Contract in writing and without prejudice to any other rights or remedies the non-defaulting party may have pursuant to law or equity. The non-breaching party may pursue all remedies available at law.

Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined.

2. Without Cause. Either party may terminate this Contract without cause upon thirty (30) calendar days’ written notice to the other party. In the event of such termination, the City will compensate Contractor for any services rendered through the effective date of the termination. Contractor will not be entitled to overhead and profit for the unperformed portion of the Contract.

N. Recovered Materials - If this solicitation or contract is for items designated in Subpart B, 40 CFR part 247 by the EPA, and the City procures $10,000 or more of one of these items during the fiscal year or has procured $10,000 or more of such items in the previous fiscal year using federal funds:

1. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired:

a) Competitively within a timeframe providing for compliance with the contract performance schedule;

b) Meeting contract performance requirements; or

c) At a reasonable price.

2. Information about this requirement, along with the list of EPA-designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

O. Debarment and Suspension - If this solicitation or contract is valued at $25,000 or more:

Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:

(1) Complies with federal debarment and suspension requirements; and

(2) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200.

P. Equal Employment Opportunity – If this solicitation or contract is for construction contracts greater than $10,000.

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with…