REQUEST FOR PROPOSALS TIRE LEASE PROGRAM

Transcription

1 REQUEST FOR PROPOSALS TIRE LEASE PROGRAM May 9, 2016

2 REQUEST FOR PROPOSALS TIRE LEASE PROGRAM The Cunty f Lackawanna Transit System (COLTS), the public transprtatin prvider in Scrantn and Lackawanna Cunty is requesting prpsals frm qualified suppliers t furnish the Authrity tires fr use n its fleet f transit buses. The tires shall be prvided in sufficient quantities t keep all buses fully equipped and t prvide a reserve supply t be munted n rims and kept at COLTS garage, 800 Nrth Suth Rad, Scrantn, PA 18504, fr use in case f emergency. It is COLTS intent t award a five year agreement. All prpsals and related dcuments will be subject t the financial assistance cntract between the Federal Transit Administratin (FTA), the Pennsylvania Department f Transprtatin (PennDOT), and Lackawanna Cunty. COLTS will nt discriminate against any prpser because f race, clr, religin, sex, r natinal rigin. Any firm r persn wh enters int a cntract with COLTS must agree t cmply with any and all FTA and Cmmnwealth f PA laws regarding the prhibitin f discriminatin. All prpsers, by submitting a prpsal, shall accept the affirmative duty t ascertain and cmply with such laws. Cpies f the RFP package can be requested by e mail at dhein@cltsbus.cm r by telephne Ext All questins regarding the RFP are t be directed t Duglas A. Hein, Directr f Grants and Finance either in writing t the address belw r by e mail t the address abve. Three (3) cpies f the prpsal must be submitted in the frmat utlined and marked Tire Lease Prgram. Cmpleted prpsals are due at the ffices f COLTS n later than nn (12:00 P.M. EST) n Friday, June 3, Prpsals shuld be addressed t: Duglas A. Hein Directr f Grants and Finance Cunty f Lackawanna Transit System 800 Nrth Suth Rad Scrantn, PA Prpsals received later than nn (12:00 P.M. EST) n Friday, June 3, 2016 shall be rejected. The Cunty f Lackawanna Transit System reserves the right t reject any and all prpsals. COLTS Tire Lease Prgram 1

3 1.1 Submissin Instructins Quantity The prpser shall submit three (3) cpies f its prpsal alng with three (3) cpies f its cst prpsal. Any attachments r backup material will nly require a single cpy Due Date In rder t be cnsidered, prpsals must be received at the ffices f COLTS by nn (12:00 P.M. EST) n Friday, June 3, Failure f the U.S. Pstal Service r ther delivery service t deliver prpsal packages n time shall result in the prpsal nt being pened r cnsidered. Prpsals shuld be clearly marked Tire Lease Prgram and delivered t: Prprietary Infrmatin Duglas A. Hein, Directr f Grants and Finance Cunty f Lackawanna Transit System 800 Nrth Suth Rad Scrantn, PA Any infrmatin cntained in the prpsal that the prpser cnsiders prprietary must be clearly identified as such. COLTS will respect requests fr nn disclsure f prprietary infrmatin t the extent that infrmatin s restricted cnfrms t the Freedm f Infrmatin Act and the Pennsylvania Sunshine Laws Frms Appendix A f this slicitatin cntains certain frms that are mandatry in the prpsal prcess. These frms must be executed and submitted in their exact frmat in rder fr the prpsal t be cnsidered respnsive. Precise, unedited cmputer reprductins t expedite the prpsal preparatin prcess are acceptable Errrs and Omissins The supplier will nt be allwed t take advantage f any errrs r missins in the specificatins cntained in this RFP. Full instructins t crrect errrs r missins will be given t the supplier shuld they be called t the attentin f COLTS Availability f Electrnic Versin f this Dcument The Request fr Prpsals and all related frms cntained herein are available electrnically in Wrd and Excel frmats. Interested parties wh desire an electrnic cpy f this dcument shuld cntact Duglas A. Hein (dhein@cltsbus.cm). A PDF versin will als be available at Files will be sent via e mail t the requesting party. COLTS des nt warrant the integrity r frmat accuracy f any file r dcument sent in this manner. COLTS Tire Lease Prgram 2

4 1.2 Questins Cncerning the Prject Verbal and Written Questins Prspective prpsers are encuraged t submit substantive questins, cmments, and cncerns in writing. Written questin received n later than 3:00 P.M. EST n May 27, 2016 will be answered in writing and distributed via addendum t all listed n the RFP distributin list. Questins shuld be addressed t Duglas A. Hein f COLTS at 800 Nrth Suth Rad, Scrantn, PA E mailed questins t dhein@cltsbus.cm will be cnsidered as written; hwever, n telephne slicitatins will be hnred. 1.3 Specificatins General The supplier will furnish COLTS tires fr use n its buses under the terms and cnditins set frth in these specificatins. COLTS agrees t use exclusively tires furnished by the supplier n 30 and 35 ft buses wned and perated by COLTS. It is t be understd that the tires t be furnished will be radial ply tubeless type tires. The sizes f the tires t be supplied shall be B305/85R22.5, Lad Range J and 315/80R22.5 Lad Range J. COLTS has n intentin t use regrved r recapped tires. The number f tires t be furnished pursuant t the agreement shall be sufficient t keep all buses fully equipped and t prvide a reserve supply t be munted n rims and kept in COLTS garage fr use in case f an emergency. Buses perating under this agreement shall be equipped with the sizes and types f rims f sufficient strength t permit inflatin necessary fr the lad carrying capacity required, and spaced t cnfrm t the apprved standards f the Tire and Rim Assciatin f America, Inc. The chsen manufacturer will supply all tire equipment, tire change machine, safety cage, jet ring, valves, caps, and stems. Shuld COLTS decide t replace the current type tires with thse f anther design r cnstructin type r shuld buses be prcured during this cntract require tires f anther size r type, rate adjustments will be mutually agreed upn with the lessr Previus Tire Run ut COLTS has executed a tire run ut ptin with its present lessr. Under said ptins, COLTS will cntinue t use tires in its pssessin n June 30, 2016, and until such time as thse tires are rendered unfit fr further service Tire Testing COLTS shall have the privilege f installing tires f ther makes r design fr test purpses at any time f the cntract. Testing f tires will be limited t 5% f ttal tires in service nt t include spare stck. COLTS Tire Lease Prgram 3

5 1.3.4 Title t Tires Title t tires furnished shall remain at all times with the supplier, and upn purchase by COLTS shall cntinue t remain in the supplier s name until they have received full payment f all sums wed t it by COLTS under the terms f the signed cntract Delivery Lcatin and Times COLTS will accept deliveries Mnday thrugh Friday, excluding hlidays, between the hurs f 8am and 5pm(EST). Other delivery arrangements may be made t address special circumstances, n an individual delivery bases. All deliveries are t be made t COLTS Administrative and Maintenance Facility lcated at 800 Nrth Suth Rad, Scrantn, PA Delivery is at the supplier s expense. At COLTS ptin the supplier may be required t rectify any situatin arising frm imprper delivery r delivery f inadequate materials. Such crrectin shall be made within 24 hurs f COLTS request Rejectin f Materials Failure f any f the materials r f a sample theref, t satisfactrily meet inspectin will be cause fr rejectin f the material furnished Service COLTS agrees t install n, remve frm, and remunt n rims r wheels, tires furnished, and t perfrm all ther tire service, including regrving and repair f flat tires, as required t keep them in prper perating cnditin. Supplier will prvide necessary repair materials, valves, and hardware. COLTS will install and maintain in its garage suitable facilities fr the inflatin f tires and will keep said tires inflated t cnfrm t the apprved standards f the Tire and Rim Assciatin f America, Inc. COLTS will determine at all times when tires are t be remved frm vehicles. Supplier shall have the right t make the determinatin as t the fitness fr return t service f a particular tire r tires prvided. Hwever, COLTS shall nt be bligated t use tires which, because f their cnditin, interfere unreasnably with the use and peratin f the buses. All tires determined by the supplier t be permanently unfit fr further service shall be returned t the supplier prmptly by COLTS. If COLTS sells certain buses frm its fleet, the tire supplier will allw the use f scrapped tires fr the purpses f vehicle sale, r sell tires t COLTS at a price agreeable, based n remaining tread rubber, r predictin f residual mileage remaining, based n average tire mileage Use, Care, and Strage f Tires COLTS agrees t prvide a safe and suitable place fr the strage f spare tires and tires unfit fr further service s that such tires shall nt be subject t damage by the elements. In additin, COLTS agrees t either keep each bus equipped with at least ne prperly inflated spare tire r prvide adequate rad service fr its fleet Run ut Clause Prpsers shall prvide a Run ut Clause f 36 mnths fr the purpse f wearing ut all remaining stck n prperty at the expiratin f this agreement, which is nn renewable. COLTS Tire Lease Prgram 4

6 Determinatin f Tire Value In determining the amunt f any lss, the value f tires shall be determined by subtracting the number f 32nds left n the tire Purchase Vehicles If, during the term f the cntract, buses are purchased withut tires, the supplier shall be ntified thirty (30) days prir t delivery f new buses s that the supplier may specify and supply the size and type f tire t be placed n the buses. Supplier shall deliver t the cntinental U.S. bus manufacturer the new tires required. Any tires lst, stlen, r damaged while in the pssessin f the bus manufacturer, dealer, r seller, r while the bus is being delivered, shall be paid fr by the supplier. If any OE buses equipped with leased tires shall be driven verland instead f being shipped, lessee shall pay cntractr the fllwing mnth fr use f such tires at the billing rate in effect. A separate rate per tire mile fr ther buses which may be acquired by the lessee shall be determined in line with billing rate r rates then in effect, taking int cnsideratin the weight f buses, carrying capacities, sizes and types f tires, and all ther pertinent facts, and such additinal billing rate shall be included in this agreement by a mutually agreed amendment Mdificatins Any additinal terms and cnditins incrprated int the cntract will be mutually agreed upn by bth parties. Any mdificatins t this cntract must be in writing and duly signed by bth parties Terminatin Run ut Optin (Federal Trade Cmmissin Language) Upn receipt by CERTIFIED MAIL thirty (30) days prir t terminatin date f the cntract, COLTS may exercise an ptin t cntinue leasing the supplier s tires fr a thirty six (36) mnth perid based n the fllwing cnditins: A. The rental rate shall be the rate in effect during the twelve (12) mnth perid immediately preceding the expiratin date; B. COLTS shall cntinually use such tires, insfar as practicable, n its highest mileage runs, until they are rendered permanently unfit fr service; C. N additinal tires, service, equipment, r supplies are t be furnished by the supplier during such extensin unless agreed t by bth parties; D. Upn expiratin f the agreement as s extended, peratr shall pay fr any mileage remaining theren at the rental rate in effect immediately preceding the expiratin date. The remaining mileage shall be prrated by determining the percentage f tread rubber remaining, multiplied by the Base Average Mileage, times the applicable current billing rate per tire mile. Any payment fr tires and tubes required t be purchased by peratr under this paragraph shall be made within thirty (30) days after the date f the invice cvering the purchase theref. COLTS will acquire each such used tire as is, and supplier makes n warranties as t the cnditin r fitness fr cntinued use f such tires. In lieu f the abve run ut ptin, COLTS will purchase any mileage remaining theren at the rental rate in effect immediately preceding the expiratin date at the terms specified in paragraph D abve. COLTS Tire Lease Prgram 5

7 Minimum Requirements Prpsal At a minimum, each prpsal shuld cntain the fllwing elements rganized in the fllwing fashin using tabbed numbered separatrs. Cver: RFP Prject title and prpser s name Letter f Transmittal: One riginal signed by an authrized fficer f the prpser Table f Cntents Prpsal: The prpsal shall be a cmprehensive, accurate and effective presentatin. Three (3) cpies shuld be submitted. The prpsal shall be submitted n 8 ½ X 11 paper with flduts as required. N mre than 30 sheets (60 pages) shuld be cntained in the prpsal and printing n bth sides f the pages will be permitted. Tab 1 Implementatin Plan Prpsers shuld fully describe the prpsed implementatin plan detailing rdering timetables and delivery turnarund, as well as service training needs. Tab 2 Quality Assurance Plan Prpsers shuld describe in detail their management strategies fr verall quality assurance fr the duratin f this cntract. At a minimum, prpsers shuld address: Prject management and staffing Describe the prpsed individuals and team apprach used t successfully cmmunicate with COLTS management staff thrughut this prject. If subcntractrs are used fr any part f the prcess, it shuld be identified here. Quality cntrl Describe the steps and techniques emplyed by the prpser t ensure the integrity f the tires supplied. Tab 3 Experience Prpsers shuld prvide a crprate prfile indicating their qualificatins t prvide the required cmpnents and supprt necessary t achieve COLTS gal fr the prject. Prpsers must submit five (5) references in Pennsylvania r adjacent states n which they have supplied the same tire(s) being prpsed, alng with a prject cntact, address, telephne number, and e mail address. Tab 4 Firm Financial Statement Prpsers shall submit the Firm s mst recent financial statement cvering the past three (3) years f peratin, r the mst recent audited annual reprt. Tab 5 Appendix A The prpser must indicate its cmpliance with certain Federal and state executive rders, laws, statues, and regulatins t be cnsidered fr award: Integrity Certificatin Access t Recrds Cmmnwealth f Pennsylvania Nn discriminatin Clause COLTS Tire Lease Prgram 6

8 Receipt f Addenda (submit whether r nt any addenda are issued) N Federal Gvernment Obligatins t Third Parties Prgram Fraud and False r Fraudulent Statements Related Acts Buy America Federal Changes Civil Rights (EEO, Title VI & ADA) DBE Certificatin Incrpratin f FTA Terms Suspensin and Debarment Lbbying Clean Air Clean Water Energy Cnservatin Nn Cllusin Affidavit Cunty f Lackawanna Transit System s Prtest Prcedure Cst Prpsal Cst prpsals must be submitted as a separate dcument frm the prpsal and in the frmat cntained in Appendix B. Three (3) cpies are required. The cst prpsal frmat is available in Micrsft Excel frmat fr ease f cmpletin Disclsure f Cst Infrmatin The infrmatin requested is required t supprt the reasnableness f the prpsed cst and distributin f expenses and is fr the review f the evaluatin cmmittee nly. It will nt be shared with ther prpsers r released t the general public except in the frm f ttal cntract value. The prices and rates fr persnnel, verhead and prfit must be binding fr the life f the cntract if a Ntice t Prceed is issued within ninety (90) days f submissin. The Grand Ttal must be binding fr this perid and may becme the Nt t Exceed Amunt issued with the Ntice t Prceed. COLTS is exempt frm all federal, state and lcal taxes and taxes shall nt be included in the prpsal price. 1.4 Disadvantaged Business Enterprise Please identify any participatin in the prject by a disadvantaged business enterprise. A gal f 4.2% DBE participatin has been set n this cntract. A listing f all certified DBE firms in the Cmmnwealth f Pennsylvania can be viewed at Cntract Award f Cntract COLTS anticipates award f a cntract at its regularly scheduled Bard meeting n June 21, A Ntice t Prceed is anticipated within ne (1) mnth, fllwing receipt f necessary dcumentatin, such as insurance certificates frm the selected vendr. COLTS Tire Lease Prgram 7

9 1.5.2 Cntract Type COLTS will enter int a firm, fixed tire mileage rate fr each tire type and fr each cntract year with the selected vendr Time fr Cmpletin COLTS will negtiate with the highest ranked prpser t establish a five year cntract. The prjected date f initiatin is July 1, 2016 and shall cntinue thrugh June 30, Evaluatin Methdlgy Evaluatin Criteria Prpsals fr this prject shall be evaluated by a cmmittee using the fllwing rank rdered criteria with their respective weights: Understanding f COLTS Requirements 10%. This categry includes the supplier s understanding f COLTS perating envirnment, delivery requirements, inventry levels and strage capabilities, fleet cmpsitin, etc. In summary, the supplier must shw an understanding f the nature and scpe f the services t be supplied. Supplier Qualificatins 15%. This categry includes the ability f the supplier t meet the terms f the RFP, especially the delivery cnstraints and the quality requirements. As part f this submissin s requirements, the supplier shall prvide a listing f five (5) current users in Pennsylvania r adjacent states. This listing shall be fr cmparable perating agencies which utilize the tire(s) being prpsed. The listing shall identify an agency cntact persn and include up t date cntact infrmatin. Availability 25%. This categry includes the supplier s ability t respnd t COLTS needs. This shuld include a specificatin regarding rdering timetables and delivery turnarund. Prfessinal Persnnel 25%. This categry includes the cmpetence f the supplier s persnnel wh wuld be assigned t the jb. This area is f particular imprtance in evaluating whether r nt the Authrity will achieve maximum usability and, therefre, reduce csts ver the lng run. Cst 25%. This categry includes factrs such as csts that are cmparative t the ther prpsals fr each element in the Cst Prpsal Frm (See Appendix B); unit prices that are cmparable t similar unit prices in the industry; and inclusin f extraneus elements. The supplier is required t submit its cst prpsal n the spreadsheet prvided in Appendix B. The cst shall be a fixed tire mileage rate fr each tire type and fr each cntract year Evaluatin Cmmittee COLTS shall frm an Evaluatin Cmmittee fr this slicitatin. Prpsers shall nt cntact any member f the Evaluatin Cmmittee during this prcurement ther than the cntact names specified in the RFP. COLTS Tire Lease Prgram 8

10 Each cmmittee member will review all prpsals individually and cmplete an evaluatin frm. Once all frms are cmpleted and tabulated, the cmmittee will cnvene t recmmend a vendr fr the prject t the COLTS Bard f Directrs. Interviews between the cmmittee and finalists may r may nt be necessary. 1.7 Prpsal Summary Prcurement Schedule (Tentative) Advertisement f Request fr Prpsal May 9 10, 2016 Release Date fr RFP May 9, 2016 Deadline fr written questins May 27, 2016 Prpsals due June 3, 2016 Interviews (if necessary) Week f June 6, 2016 Cntract Award June 21, Prject Gals General Gals COLTS is lking t sign a five year tire lease cntract fr thirty three (33) heavy duty transit buses with the supplier wh prvides the best value t the Authrity. The effective cst f each cmpany s prpsal, based n the Authrity s actual experience, will be cnsidered. 3.1 Prject Management General The Prpser shall prepare all deliverables in bth Micrsft Office and Adbe PDF frmats, with COLTS granted full rights t reprint as needed Invicing The supplier shall submit billing by the 25 th f each mnth fr the mileage run n the tires in the previus mnth. COLTS will make every effrt t prvide payment within thirty (30) days, but in n case lnger than frty five (45) days. The purchaser is exempt frm payment f all federal, state and lcal taxes. The purchaser will prvide the necessary tax exempt certificates t the manufacturer. COLTS Tire Lease Prgram 9

11 APPENDIX A REQUIRED FORMS AND CERTIFICATIONS Please be sure t execute each f the fllwing affidavits, certificatins, and assurances. Failure t d s will render yur prpsal nn-respnsive and it will nt be granted further cnsideratin. Access t Recrds Integrity Certificatin Cmmnwealth Of Pennsylvania Nn Discriminatin Clause Receipt f Addenda (submit whether r nt any addenda are issued). N Federal Gvernment Obligatins t Third Parties Prgram Fraud and False r Fraudulent Statements Related Acts Buy America Federal Changes Civil Rights (EEO, Title VI & ADA) DBE Certificatin Incrpratin f FTA Terms Suspensin and Debarment Lbbying Clean Air Clean Water Energy Cnservatin Nn Cllusin Affidavit Cunty f Lackawanna Transit System s Prtest Prcedure COLTS Tire Lease Prgram 10

12 Access t Recrds 49 U.S.C CFR (i) 49 CFR Where the Purchaser is nt a State but a lcal gvernment and is the FTA Recipient r a sub grantee f the FTA Recipient in accrdance with 49 C. F. R (i), the Cntractr agrees t prvide the Purchaser, the FTA Administratr, the Cmptrller General f the United States r any f their authrized representatives access t any bks, dcuments, papers and recrds f the Cntractr which are directly pertinent t this cntract fr the purpses f making audits, examinatins, excerpts and transcriptins. Cntractr als agrees, pursuant t 49 C. F. R t prvide the FTA Administratr r his authrized representatives including any PMO Cntractr access t Cntractr's recrds and cnstructin sites pertaining t a majr capital prject, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance thrugh the prgrams described at 49 U.S.C. 5307, 5309 r The Cntractr agrees t permit any f the freging parties t reprduce by any means whatsever r t cpy excerpts and transcriptins as reasnably needed. 3. The Cntractr agrees t maintain all bks, recrds, accunts and reprts required under this cntract fr a perid f nt less than three years after the date f terminatin r expiratin f this cntract, except in the event f litigatin r settlement f claims arising frm the perfrmance f this cntract, in which case Cntractr agrees t maintain same until the Purchaser, the FTA Administratr, the Cmptrller General, r any f their duly authrized representatives, have dispsed f all such litigatin, appeals, claims r exceptins related theret. Reference 49 CFR 18.39(i)(11). 4. FTA des nt require the inclusin f these requirements in subcntracts. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 11

13 INTEGRITY CERTIFICATION CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (1) The prspective lwer tier participant certifies, by submissin f this bid r prpsal, that neither it nr its "principals" [as defined at 49 C.F.R.' (p)] is presently debarred, suspended, prpsed fr debarment, declared ineligible, r vluntarily excluded frm participatin in this transactin by any Federal department r agency. (2) When the prspective lwer tier participant is unable t certify t the statements in this certificatin, such prspective participant shall attach an explanatin t this prpsal. (If the lwer tier cvered participant (applicant fr an FTA grant, r cperative agreement, r ptential third party cntractr) is unable t certify t any f the statements in this certificatin, the participant shall attach an explanatin t this certificatin.) THE LOWER TIER COVERED PARTICIPANT (APPLICANT FOR AN FTA GRANT OR CO OPERATIVE AGREEMENT, OR POTENTIAL CONTRACTOR FOR A MAJOR THIRD PARTY CONTRACT),, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO. Signature & Title f Authrized Official The undersigned chief legal cunsel fr the (Cntractr) hereby certifies that the (Cntractr) has authrity under State and Lcal law t cmply with the subject assurances and that the certificatin abve has been legally made. Signature f Cntractr's Attrney Date (Applies t Cntractr/Subcntractrs with cntracts in excess f $25,000) (Failure t cmplete this frm and t submit it with yur prpsal will render the prpsal nnrespnsive). COLTS Tire Lease Prgram 12

14 COMMONWEALTH OF PENNSYLVANIA NON DISCRIMINATION CLAUSE 1. Cntractr shall nt discriminate, against any emplyee, applicant fr emplyment, independent cntractr r any ther persn because f race, clr, religius creed, natinal rigin, age r sex. Cntractr shall take affirmative actin t ensure that applicants are emplyed, and that emplyees r agents are treated during emplyment, withut regard t their race, clr, religius creed, ancestry, natinal rigin, age r sex. Such affirmative actin shall include, but is nt limited t, the fllwing: emplyment, upgrading, demtin, r transfer; recruitment r recruitment advertising; layff r terminatin; rates f pay r ther frms f cmpensatin; and selectin fr training. Cntractr shall pst in cnspicuus places, available t emplyees, agents, applicants fr emplyment and ther persns, a ntice t be prvided by the cntracting agency setting frth the prvisins f this nn discriminatin clause. 2. Cntractr shall in advertisements r requests fr emplyment placed by it r n its behalf state that all qualified applicants will receive cnsideratin fr emplyment withut regard t race, clr, religius creed, ancestry, natinal rigin, age r sex. 3. Cntractr shall send each labr unin r wrkers' representative with which it has a cllective bargaining agreement(s) r ther cntract r understanding, a ntice advising said labr unin r wrkers' representative f its cmmitment t this nn discriminatin clause. Similar ntice shall be sent t every ther surce f recruitment regularly utilized by Cntractr. 4. It shall be n defense t a finding f nncmpliance with the Cntract Cmpliance Regulatins issued by the Pennsylvania Human Relatins Cmmissin r this nn discriminatin clause that the Cntractr has delegated sme f its emplyment practices t any unin, training prgram r ther surce f recruitment which prevents it frm meeting its bligatins. Hwever, if the evidence indicates that the Cntractr was nt n ntice f the third party discriminatin r made a gd faith effrt t crrect it, such factr shall be cnsidered in mitigatin in determining apprpriate sanctins. 5. Where the practices f a unin r any training prgram r ther surce f recruitment will result in the exclusin f minrity grup persns, s that the Cntractr will be unable t meet its bligatins under the Cntractr Cmpliance Regulatins issued by the Pennsylvania Human Relatins Cmmissin, r this nn discriminatin clause. The Cntractr shall then emply and fill vacancies thrugh ther nn discriminatry emplyment prcedures. 6. The Cntractr shall cmply with the Cntract Cmpliance Regulatins f the Pennsylvania Human Relatins Cmmissin, 16 PA Cde Chapter 49 and will all laws prhibiting discriminatin in hiring r emplyment pprtunities. In the event f Cntractr's nn cmpliance with the nn discriminatin clause f this cntract r with any such laws, this cntract may, after hearing and adjudicatin, be COLTS Tire Lease Prgram 13

15 terminated r suspended, in whle r in part, and the Cntractr may be declared temprarily ineligible fr further Cmmnwealth cntracts, and such ther sanctins may be impsed and remedies invked as prvided by the Cntract Cmpliance Regulatins. 7. The Cntractr shall furnish all necessary emplyment dcuments and recrds t, and permit access t its bks, recrds and accunts by, the cntracting agency and the Human Relatins Cmmissin, fr purpses f investigatin t ascertain cmpliance with the prvisins f the Cntractr Cmpliance Regulatins, pursuant t PA Cde Chapter f these regulatins. If the Cntractr des nt pssess dcuments r recrds reflecting the necessary infrmatin requested, it shall furnish such infrmatin n reprting frms supplied by the cntracting agency r the Cmmissin. 8. The Cntractr shall actively recruit minrity Subcntractrs r Subcntractrs with substantial minrity representatin amng their emplyees. 9. The Cntractr shall include the prvisins f this nn discriminatin clause in every subcntract, s that such prvisins will be binding upn each Subcntractr. 10.The terms used in this nn discriminatin clause shall have the same meaning as in the Cntract Cmpliance Regulatins issued by the Pennsylvania Human Relatins Cmmissin, 16 PA Cde Chapter Cntractr bligatins under this clause are limited t the Cntractr's facilities within Pennsylvania r where the cntract is fr purchase f gds manufactured utside f Pennsylvania, the facilities at which such gds are actually prduced. Wherever herein abve the wrd Cntractr is used it shall als include the wrd Engineer, cnsultant, Researcher, r ther Cntracting Party as may be apprpriate. Name f Individual, Partnership, r Crpratin Address Authrized Persn Signature Title Date COLTS Tire Lease Prgram 14

16 RECEIPT OF ADDENDA Certificatin f Receipt f Addenda t the Request fr Prpsal Failure t submit this frm in a prperly executed manner will result in the bid/prpsal being fund nn respnsive and rejected. This certificatin required fr all prcurements. Acknwledgement f Receipt f Addenda The undersigned hereby acknwledges receipt f the fllwing addenda t the abve referenced RFP: Addendum Number:, dated: Addendum Number:, dated: Addendum Number:, dated: Name f Individual, Partnership r Crpratin: Address: Name f Authrized Persn: Title f Authrized Persn: Signature: Date: COLTS Tire Lease Prgram 15

17 N Federal Gvernment Obligatins t Third parties (1) The Purchaser and Cntractr acknwledge and agree that, ntwithstanding any cncurrence by the Federal Gvernment in r apprval f the slicitatin r award f the underlying cntract, absent the express written cnsent by the Federal Gvernment, the Federal Gvernment is nt a party t this cntract and shall nt be subject t any bligatins r liabilities t the Purchaser, Cntractr, r any ther party (whether r nt a party t that cntract) pertaining t any matter resulting frm the underlying cntract. (2) The Cntractr agrees t include the abve clause in each subcntract financed in whle r in part with Federal assistance prvided by FTA. It is further agreed that the clause shall nt be mdified, except t identify the subcntractr wh will be subject t its prvisins. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 16

18 Prgram Fraud and False r Fraudulent Statements and Related Acts 31 U.S.C et seq. 49 CFR Part U.S.C U.S.C (1) The Cntractr acknwledges that the prvisins f the Prgram Fraud Civil Remedies Act f 1986, as amended, 31 U.S.C et seq. and U.S. DOT regulatins, "Prgram Fraud Civil Remedies," 49 C.F.R. Part 31, apply t its actins pertaining t this Prject. Upn executin f the underlying cntract, the Cntractr certifies r affirms the truthfulness and accuracy f any statement it has made, it makes, it may make, r causes t be made, pertaining t the underlying cntract r the FTA assisted prject fr which this cntract wrk is being perfrmed. In additin t ther penalties that may be applicable, the Cntractr further acknwledges that if it makes, r causes t be made, a false, fictitius, r fraudulent claim, statement, submissin, r certificatin, the Federal Gvernment reserves the right t impse the penalties f the Prgram Fraud Civil Remedies Act f 1986 n the Cntractr t the extent the Federal Gvernment deems apprpriate. (2) The Cntractr als acknwledges that if it makes, r causes t be made, a false, fictitius, r fraudulent claim, statement, submissin, r certificatin t the Federal Gvernment under a cntract cnnected with a prject that is financed in whle r in part with Federal assistance riginally awarded by FTA under the authrity f 49 U.S.C. 5307, the Gvernment reserves the right t impse the penalties f 18 U.S.C and 49 U.S.C. 5307(n)(1) n the Cntractr, t the extent the Federal Gvernment deems apprpriate. (3) The Cntractr agrees t include the abve tw clauses in each subcntract financed in whle r in part with Federal assistance prvided by FTA. It is further agreed that the clauses shall nt be mdified, except t identify the subcntractr wh will be subject t the prvisins. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 17

19 BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j)(1) 49 CFR Part 661 The cntractr agrees t cmply with 49 U.S.C. 5323(j)(1) and 49 C.F.R. Part 661, which prvide that Federal funds may nt be bligated unless steel, irn, and manufactured prducts used in FTA funded prjects are prduced in the United States, unless a waiver has been granted by FTA r the prduct is subject t a general waiver. General waivers are listed in 49 C.F.R Separate requirements fr rlling stck are set ut at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R Rlling stck must be assembled in the United States and have a 60 percent dmestic cntent. A bidder r fferr must submit t the FTA recipient the apprpriate Buy America certificatin (belw) with all bids r ffers n FTA funded cntracts, except thse subject t a general waiver. Bids r ffers that are nt accmpanied by a cmpleted Buy America certificatin must be rejected as nnrespnsive. This requirement des nt apply t lwer tier subcntractrs. Sign applicable certificatin belw sign nly ne Certificate f Cmpliance with 49 U.S.C. 5323(j)(1) The bidder r fferr hereby certifies that it will meet the requirements f 49 U.S.C. 5323(j)(1) and the applicable regulatins in 49 CFR Part Date Signature Cmpany Name Title Certificate f Nn Cmpliance with 49 U.S.C. 5323(j)(1) The bidder r fferr hereby certifies that it cannt cmply with the requirements f 49 U.S.C. 5323(j)(1) and 49 C.F.R , but it may qualify fr an exceptin pursuant t 49 U.S.C. 5323(j)(2)(A). Date Signature Cmpany Name Title COLTS Tire Lease Prgram 18

20 Federal Changes 49 CFR Part 18 Cntractr shall at all times cmply with all applicable FTA regulatins, plicies, prcedures and directives, including withut limitatin thse listed directly r by reference in the Master Agreement between Purchaser and FTA, as they may be amended r prmulgated frm time t time during the term f this cntract. Cntractr's failure t s cmply shall cnstitute a material breach f this cntract. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 19

21 Civil Rights (EEO, Title VI & ADA) 29 U.S.C. 623, 42 U.S.C U.S.C. 6102, 42 U.S.C U.S.C , 49 U.S.C CFR Part 1630, 41 CFR Parts 60 et seq. The fllwing requirements apply t the underlying cntract: (1) Nndiscriminatin In accrdance with Title VI f the Civil Rights Act, as amended, 42 U.S.C. 2000d, sectin 303 f the Age Discriminatin Act f 1975, as amended, 42 U.S.C. 6102, sectin 202 f the Americans with Disabilities Act f 1990, 42 U.S.C , and Federal transit law at 49 U.S.C. 5332, the Cntractr agrees that it will nt discriminate against any emplyee r applicant fr emplyment because f race, clr, creed, natinal rigin, sex, age, r disability. In additin, the Cntractr agrees t cmply with applicable Federal implementing regulatins and ther implementing requirements FTA may issue. (2) Equal Emplyment Opprtunity The fllwing equal emplyment pprtunity requirements apply t the underlying cntract: (a) Race, Clr, Creed, Natinal Origin, Sex In accrdance with Title VII f the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. 5332, the Cntractr agrees t cmply with all applicable equal emplyment pprtunity requirements f U.S. Department f Labr (U.S. DOL) regulatins, "Office f Federal Cntract Cmpliance Prgrams, Equal Emplyment Opprtunity, Department f Labr," 41 C.F.R. Parts 60 et seq., (which implement Executive Order N , "Equal Emplyment Opprtunity," as amended by Executive Order N , "Amending Executive Order Relating t Equal Emplyment Opprtunity," 42 U.S.C. 2000e nte), and with any applicable Federal statutes, executive rders, regulatins, and Federal plicies that may in the future affect cnstructin activities undertaken in the curse f the Prject. The Cntractr agrees t take affirmative actin t ensure that applicants are emplyed, and that emplyees are treated during emplyment, withut regard t their race, clr, creed, natinal rigin, sex, r age. Such actin shall include, but nt be limited t, the fllwing: emplyment, upgrading, demtin r transfer, recruitment r recruitment advertising, layff r terminatin; rates f pay r ther frms f cmpensatin; and selectin fr training, including apprenticeship. In additin, the Cntractr agrees t cmply with any implementing requirements FTA may issue. (b) Age In accrdance with sectin 4 f the Age Discriminatin in Emplyment Act f 1967, as amended, 29 U.S.C. 623 and Federal transit law at 49 U.S.C. 5332, the Cntractr agrees t refrain frm discriminatin against present and prspective emplyees fr reasn f age. In additin, the Cntractr agrees t cmply with any implementing requirements FTA may issue. (c) Disabilities In accrdance with sectin 102 f the Americans with Disabilities Act, as amended, 42 U.S.C , the Cntractr agrees that it will cmply with the requirements f U.S. Equal Emplyment Opprtunity Cmmissin, "Regulatins t Implement the Equal Emplyment Prvisins f the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining t emplyment f persns with disabilities. In additin, the Cntractr agrees t cmply with any implementing requirements FTA may issue. (3) The Cntractr als agrees t include these requirements in each subcntract financed in whle r in part with Federal assistance prvided by FTA, mdified nly if necessary t identify the affected parties. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 20

22 Disadvantaged Business Enterprises (DBEs) 49 CFR Part 26 a. This cntract is subject t the requirements f Title 49, Cde f Federal Regulatins, Part 26, Participatin by Disadvantaged Business Enterprises in Department f Transprtatin Financial Assistance Prgrams. The natinal gal fr participatin f Disadvantaged Business Enterprises (DBE) is 10%. The agency s verall gal fr DBE participatin is 4.2 %. A separate cntract gal f 4.2 % DBE participatin has been established fr this prcurement. b. The cntractr shall nt discriminate n the basis f race, clr, natinal rigin, r sex in the perfrmance f this cntract. The cntractr shall carry ut applicable requirements f 49 CFR Part 26 in the award and administratin f this DOT-assisted cntract. Failure by the cntractr t carry ut these requirements is a material breach f this cntract, which may result in the terminatin f this cntract r such ther remedy as Cunty f Lackawanna Transit System deems apprpriate. Each subcntract the cntractr signs with a subcntractr must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. Bidders/fferrs are required t dcument sufficient DBE participatin t meet these gals r, alternatively, dcument adequate gd faith effrts t d s, as prvided fr in 49 CFR Award f this cntract is cnditined n submissin f the fllwing cncurrent with and accmpanying an initial prpsal: 1. The names and addresses f DBE firms that will participate in this cntract; 2. A descriptin f the wrk each DBE will perfrm; 3. The dllar amunt f the participatin f each DBE firm participating; 4. Written dcumentatin f the bidder/fferr s cmmitment t use a DBE subcntractr whse participatin it submits t meet the cntract gal; 5. Written cnfirmatin frm the DBE that it is participating in the cntract as prvided in the prime cntractr s cmmitment; and 6. If the cntract gal is nt met, evidence f gd faith effrts t d s. Bidders/Offerrs must present the infrmatin required abve as a matter f respnsiveness with initial prpsals (see 49 CFR 26.53(3)). d. The cntractr is required t pay its subcntractrs perfrming wrk related t this cntract fr satisfactry perfrmance f that wrk n later than 30 days after the cntractr s receipt f payment fr that wrk frm the Cunty f Lackawanna Transit System. In additin, the cntractr is required t return any retainage payments t thse subcntractrs within 30 days after the subcntractr's wrk related t this cntract is satisfactrily cmpleted. e. The cntractr must prmptly ntify Cunty f Lackawanna Transit System, whenever a DBE subcntractr perfrming wrk related t this cntract is terminated r fails t cmplete its wrk, and must make gd faith effrts t engage anther DBE subcntractr t perfrm at least the same amunt f wrk. The cntractr may nt terminate any DBE subcntractr and perfrm that wrk thrugh its wn frces r thse f an affiliate withut prir written cnsent f Cunty f Lackawanna Transit System. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 21

23 Incrpratin f FTA Terms FTA Circular E The preceding prvisins include, in part, certain Standard Terms and Cnditins required by DOT, whether r nt expressly set frth in the preceding cntract prvisins. All cntractual prvisins required by DOT, as set frth in FTA Circular E are hereby incrprated by reference. Anything t the cntrary herein ntwithstanding, all FTA mandated terms shall be deemed t cntrl in the event f a cnflict with ther prvisins cntained in this Agreement. The Cntractr shall nt perfrm any act, fail t perfrm any act, r refuse t cmply with any Cunty f Lackawanna Transit System requests which wuld cause the Cunty f Lackawanna Transit System t be in vilatin f the FTA terms and cnditins. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 22

24 Suspensin and Debarment 49 CFR Part 29 Executive Order This cntract is a cvered transactin fr purpses f 49 CFR Part 29. As such, the cntractr is required t verify that nne f the cntractr, its principals, as defined at 49 CFR , r affiliates, as defined at 49 CFR , are excluded r disqualified as defined at 49 CFR and The cntractr is required t cmply with 49 CFR 29, Subpart C and must include the requirement t cmply with 49 CFR 29, Subpart C in any lwer tier cvered transactin it enters int. By signing and submitting its bid r prpsal, the bidder r prpser certifies as fllws: The certificatin in this clause is a material representatin f fact relied upn by the Cunty f Lackawanna Transit System. If it is later determined that the bidder r prpser knwingly rendered an errneus certificatin, in additin t remedies available t the Cunty f Lackawanna Transit System, the Federal Gvernment may pursue available remedies, including but nt limited t suspensin and/r debarment. The bidder r prpser agrees t cmply with the requirements f 49 CFR 29, Subpart C while this ffer is valid and thrughut the perid f any cntract that may arise frm this ffer. The bidder r prpser further agrees t include a prvisin requiring such cmpliance in its lwer tier cvered transactins. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 23

25 Lbbying 31 U.S.C CFR Part CFR Part 20 The undersigned certifies, t the best f his r her knwledge and belief, that: (1) N Federal apprpriated funds have been paid r will be paid, by r n behalf f the undersigned, t any persn fr influencing r attempting t influence an fficer r emplyee f an agency, a Member f Cngress, an fficer r emplyee f Cngress, r an emplyee f a Member f Cngress in cnnectin with the awarding f any Federal cntract, the making f any Federal grant, the making f any Federal lan, the entering int f any cperative agreement, and the extensin, cntinuatin, renewal, amendment, r mdificatin f any Federal cntract, grant, lan, r cperative agreement. (2) If any funds ther than Federal apprpriated funds have been paid r will be paid t any persn fr making lbbying cntacts t an fficer r emplyee f any agency, a Member f Cngress, an fficer r emplyee f Cngress, r an emplyee f a Member f Cngress in cnnectin with this Federal cntract, grant, lan, r cperative agreement, the undersigned shall cmplete and submit Standard Frm LLL, "Disclsure Frm t Reprt Lbbying," in accrdance with its instructins [as amended by "Gvernment wide Guidance fr New Restrictins n Lbbying," 61 Fed. Reg (1/19/96). Nte: Language in paragraph (2) herein has been mdified in accrdance with Sectin 10 f the Lbbying Disclsure Act f 1995 (P.L , t be cdified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language f this certificatin be included in the award dcuments fr all subawards at all tiers (including subcntracts, subgrants, and cntracts under grants, lans, and cperative agreements) and that all subrecipients shall certify and disclse accrdingly. This certificatin is a material representatin f fact upn which reliance was placed when this transactin was made r entered int. Submissin f this certificatin is a prerequisite fr making r entering int this transactin impsed by 31, U.S.C (as amended by the Lbbying Disclsure Act f 1995). Any persn wh fails t file the required certificatin shall be subject t a civil penalty f nt less than $10,000 and nt mre than $100,000 fr each such failure. [Nte: Pursuant t 31 U.S.C. 1352(c)(1) (2)(A), any persn wh makes a prhibited expenditure r fails t file r amend a required certificatin r disclsure frm shall be subject t a civil penalty f nt less than $10,000 and nt mre than $100,000 fr each such expenditure r failure.] The undersigned certifies r affirms the truthfulness and accuracy f each statement f its certificatin and disclsure, if any. In additin, the Cntractr understands and agrees that the prvisins f 31 U.S.C. A 3801, et seq., apply t this certificatin and disclsure, if any. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 24

26 Clean Air 42 U.S.C et seq 40 CFR CFR Part 18 (1) The Cntractr agrees t cmply with all applicable standards, rders r regulatins issued pursuant t the Clean Air Act, as amended, 42 U.S.C et seq. The Cntractr agrees t reprt each vilatin t the Purchaser and understands and agrees that the Purchaser will, in turn, reprt each vilatin as required t assure ntificatin t FTA and the apprpriate EPA Reginal Office. (2) The Cntractr als agrees t include these requirements in each subcntract exceeding $100,000 financed in whle r in part with Federal assistance prvided by FTA. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 25

27 Clean Water 33 U.S.C (1) The Cntractr agrees t cmply with all applicable standards, rders r regulatins issued pursuant t the Federal Water Pllutin Cntrl Act, as amended, 33 U.S.C et seq. The Cntractr agrees t reprt each vilatin t the Purchaser and understands and agrees that the Purchaser will, in turn, reprt each vilatin as required t assure ntificatin t FTA and the apprpriate EPA Reginal Office. (2) The Cntractr als agrees t include these requirements in each subcntract exceeding $100,000 financed in whle r in part with Federal assistance prvided by FTA. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 26

28 Energy Cnservatin 42 U.S.C et seq. 49 CFR Part 18 The cntractr agrees t cmply with mandatry standards and plicies relating t energy efficiency which are cntained in the state energy cnservatin plan issued in cmpliance with the Energy Plicy and Cnservatin Act. Authrized Official f Firm Title f Authrized Official Date COLTS Tire Lease Prgram 27

29 NON COLLUSION AFFIDAVIT INSTRUCTIONS FOR NON COLLUSION AFFIDAVIT 1. This Nn Cllusin Affidavit is material t any cntract awarded pursuant t this Bid. Accrding t the Pennsylvania Anti bid Rigging Act, 73 P.S et sec., gvernmental agencies may require Nn Cllusin Affidavits t be submitted tgether with bids. 2. This Nn Cllusin Affidavit must be executed by the member, fficer r emplyee f the bidder wh makes the final decisin n prices and the amunt quted in the bid. 3. Bid rigging and ther effrts t restrain cmpetitin, and the making f false SWORN statement in cnnectin with the submissin f bids are unlawful and may be subject t criminal prsecutin. The persn wh signs the Affidavit shuld examine it carefully befre signing and assure himself r herself that each statement is true and accurate, making diligent inquiry, as necessary, f all ther persns emplyed by r assciated with the bidder with respnsibilities fr the assciated apprval r submissin f the bid. 4. In the case f a bid submitted by a jint venture, each party t the venture must be identified in the Bid Dcuments, and an Affidavit must be submitted separately n behalf f each party. 5. The term "Cmplementary Bid" as used in the Affidavit has the meaning cmmnly assciated with that term in the bidding prcess, and includes the knwing submissin f bids higher than the bid f anther firm, any intentinally high r nn cmpetitive bid, and any ther frm f bid submitted fr the purpse f giving a false appearance f cmpetitin. 6. Failure t file an Affidavit in cmpliance with these instructins may result in disqualificatin f the bid. COLTS Tire Lease Prgram 28

30 NON COLLUSION AFFIDAVIT FOR BID FOR (name f prject r item being bid upn) State f Cunty f I state that I am f (Title) (Name f my Firm) and that I am authrized t make this affidavit n behalf f my firm, and its Owners, Directrs, and Officers. I am the persn respnsible in my firm fr price(s) and the amunt f this bid. I state that: 1. The price(s) and amunt f this Bid have been arrived at independently and withut cnsultatin, cmmunicatin r agreement with any ther cntractr, bidder r ptential bidder. 2. Neither the price(s) nr the amunt f this bid, and neither the apprximate price(s) nr apprximate amunt f this bid, have been disclsed t any ther firm r persn wh is a bidder r ptential bidder, and they will nt be disclsed befre bid pening. 3. N attempt has been made r will be made t induce any firm r persn t refrain frm bidding n this cntract, r t submit a bid higher than this bid, r t submit any intentinally high r nn cmpetitive bid r ther frm f cmpetitive bid. 4. The bid f my firm is made in gd faith and nt pursuant t any agreement r discussin with, r inducement frm, any firm f persn t submit a cmplementary r ther nn cmpetitive bid. 5., its affiliates, (Name f my firm) subsidiaries, fficers, directrs, and emplyees are nt currently under investigatin by any gvernmental agency and have nt in the last fur years been cnvicted r fund liable fr any act prhibited by State r Federal Law in any jurisdictin, invlving cnspiracy r cllusin with respect t bidding n any public cntract, except as fllws: COLTS Tire Lease Prgram 29