Plow Truck

expired opportunity(Expired)
From: Wausau Metro Ride(Transportation)
started - 13 Nov, 2022 (2 months ago)

Start Date

13 Nov, 2022 (2 months ago)
due - 13 Nov, 2022 (2 months ago)

Due Date

28 Nov, 2022 (2 months ago)
Bid Notification

Opportunity Type

Bid Notification

Opportunity Identifier

N/A
City of Wausau Metro Ride

Customer / Agency

City of Wausau Metro Ride
420 Plumer Street, Wausau, WI  54403

Location

420 Plumer Street, Wausau, WI 54403
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CITY OF WAUSAU / METRO RIDE INVITATION FOR BIDS Plow Truck October 2022 420 Plumer Street Wausau, WI 54403 Phone 715‐842‐9287 Fax 715‐842‐1541 City of Wausau/Metro Ride Invitation for Bids Plow Truck 2 OFFICIAL NOTICE TO BIDDERS PLOW TRUCK FOR THE CITY OF WAUSAU/METRO RIDE Notice is hereby given by the City of Wausau/Metro Ride that it will receive bids for the purchase a plow truck to be used by Metro Ride. Bids will be accepted until 4:00 P.M. on Monday, November 28, 2022. Bids should be delivered to Metro Ride, 420 Plumer Street, Wausau, WI 54403. Bids will be opened at 10:30 A.M. on Tuesday, November 29, 2022 by the City of Wausau Board of Public Works. To request procurement specifications and bid forms, contact Greg Seubert at greg.seubert@ci.wausau.wi.us. or call 715‐842‐9287 during normal business hours. All bids submitted must be furnished in accordance with those specifications. All bids and accompanying certifications must be written on the blanks prepared by the undersigned for that purpose. The type of equipment bid upon shall be indicated on the exterior of the envelope when submitted as follows: “Bid for Plow Truck”. The City of Wausau/Metro Ride will award this procurement to the bidder that submits the lowest bid in accordance with all requirements set forth in the bid specification. The City of Wausau reserves the right to reject any and all bids and to waive any technical deficiencies in the proposals. Greg S. Seubert Transit Director City of Wausau/Metro Ride City of Wausau/Metro Ride Invitation for Bids Plow Truck 3 BID PACKAGE CONTENTS PLOW TRUCK FOR METRO RIDE SECTION 1 GENERAL INSTRUCTION TO OFFERORS SECTION 2 GENERAL SPECIFICATIONS SECTION 3 TECHNICAL SPECIFICATIONS SECTION 4 FEDERAL AND STATE REQUIREMENTS SECTION 5 ATTACHMENTS 1. Proposal or Bid 2. Certification of Eligibility 3. Non‐Collusion Bidding Certification 4. Affidavit of Organization and Authority 5. Lobbying Certification 6. Contractor Certification Regarding Compliance with FTA Requirements 7. Bid Submission Checklist City of Wausau/Metro Ride Invitation for Bids Plow Truck 4 SECTION 1 GENERAL INSTRUCTIONS TO OFFERERS These instructions provide the contractual and technical requirements of the City of Wausau/Metro Ride for the purchase of a plow truck, including all required equipment and services. A. General “Purchaser”, “City of Wausau”, “the City”, “Metro Ride”, or “Grantee” are synonymous and mean the City of Wausau/Metro Ride. The words “Bid”, “Offer”, “Contract Proposal”, and “Proposal” are synonymous and it is understood that once the City of Wausau accepts the same, the document will constitute the contract contemplated by the instructions. The words “Offeror”, “Proposer” and “Bidder” are synonymous, as are “Contractor” and “Manufacturer”. This solicitation does not commit Metro Ride to award a contract, pay any costs incurred in preparation of proposals, or to procure or contract for services or equipment. Metro Ride reserves the right to accept or reject any or all proposals submitted, in whole or in part, to waive any informalities or technicalities which at Metro Ride’s discretion are determined to be in the best interests of Metro Ride. Further, Metro Ride makes no representations that a contract will be awarded to any offeror responding to this request. Metro Ride reserves the right to postpone due dates and opening for its own convenience and to withdraw this solicitation at any time without prior notice. B. Contract Bid Metro Ride has prepared and attached to these instructions the required forms for this bid. The bid and all other accompanying documents or materials submitted by the proposer will be deemed to constitute the complete bid. C. Proposal Requirements This document is intended to indicate the minimum requirements for the preparation and submission of bids. The entire bid must comply with the format described. The proposer must submit in his or her response a complete, detailed description of the materials and labor in the proposer’s estimate, the optimum vehicle which has been set forth in this document. D. Vendor Questions All vendor questions should be submitted in writing to Greg Seubert, Transit Director, 420 Plumer Street, Wausau, WI 54403 or greg.seubert@ci.wausau.wi.us. E. Price Proposal City of Wausau/Metro Ride Invitation for Bids Plow Truck 5 All proposers are required to identify the proposed manufacturer and model and to indicate the proposed delivery time on the attached price proposal form. Failure to do so may cause the bid to be considered not responsive. The price quoted will not change for a period of 60 days, beginning from the date of the bid opening. F. Tax Exemption The City of Wausau/Metro Ride is exempt from the payment of Federal Excise Tax and State Sales Tax. Taxes shall not be included in bid prices. Per Wisconsin Statute 77.54(92), a Wisconsin governmental unit is not required to have a tax exempt number. Any other sales tax, use tax, imposts, revenues, excise, or other taxes which are not or which may hereafter be imposed by Congress, the State of Wisconsin, or any other political subdivision thereof and applicable to the sale of material delivered as a result of the proposer’s bid and which, by terms of the tax law, may be passed directly to the cities, will be paid by the Cities. G. Price Inclusion The price to be quoted in any bid submitted shall include all items of labor, material, tools, equipment and other costs necessary to fully complete the manufacture and delivery of equipment pursuant to the specifications attached thereof. Any items omitted from the specifications which are clearly necessary for the completion of the project shall be considered a portion of the specifications although not directly specified or called for in the specifications. H. Authorization of Proposals If the proposal is made by an individual doing business under a fictitious name, the proposal shall so state. If the proposal is made by a co‐partnership, the full names and addresses of all members and the address of the co‐partnership shall be given, and the proposal shall be signed for all members by one member thereof. If the proposal is made by a corporation, it shall be signed in the corporation’s name by an authorized officer, and the corporate seal shall be affixed thereto. If the proposal is made by a joint venture, the full names and addresses of all members of the joint venture shall be given, and the proposal shall be signed by each venturer. I. Pollution All equipment sold to Metro Ride must meet the Standards of the Federal, State, and local governments concerning safety, air and noise pollution. If it is determined by Metro Ride that such standards are not met, the contractor agrees to bear all costs required to meet the minimum standards as stated above for the equipment furnished under this bid. J. Regulatory Compliance The proposer represents and warrants that the equipment furnished hereunder, including all City of Wausau/Metro Ride Invitation for Bids Plow Truck 6 labels, packages, and container for said equipment, complies with all applicable standards, rules and regulations in effect under the requirements of all Federal, State and local laws, rules and regulations, as applicable, including the Occupational Safety and Health Act, as amended, with respect to design, construction, manufacture or use for their intended purpose of said goods or services. The Proposer shall furnish “Material Safety Data Sheets” whenever applicable. K. Descriptive Literature Proposals must be accompanied by a comprehensive description of the Proposer’s product as detailed herein. Failure of the descriptive literature to show that the equipment proposed conforms to the specifications and other requirements of this invitation will result in rejection of the proposal. Additionally, failure to submit the descriptive literature will result in rejection of proposals. No advantage shall be taken by the Proposer or Manufacturer in the omission of any part or detail which is required to make the product complete and ready for service, even though such part is not mentioned in this specification. L. Conditional Proposals Conditional proposals, or those taking unapproved exceptions to the specifications within their proposal, may be considered non‐responsive and rejected. M. Proposal Acceptance Each proposal is to be submitted with the understanding that the acceptance in writing by Metro Ride of the offer to furnish the equipment described therein shall constitute a contract between the proposer and Metro Ride which shall bind the proposer on its part to furnish and deliver at the prices given and in accordance with the terms and conditions of said acceptance proposals and these instructions. The contract shall be considered as made in Wisconsin, and the construction and enforcement of it shall be in accordance with the laws of the State of Wisconsin. N. Method of Award Award shall be made on the basis of the lowest total cost from a responsive, responsible bidder, who meets the specifications. Timeliness of delivery may be considered when making this award. Award is anticipated to be made as soon as possible following review of the bid documents and governing board approval of decision. In determining the successful bidder, evaluation will be based on the following criteria:  Cost – proposals shall be reviewed on competitiveness of cost.  Responsiveness – proposals shall be reviewed on fulfillment of requirements established in the IFB. This includes meeting or exceeding minimum specifications. This also includes all other requirements pertaining to the bid schedule and bid forms. City of Wausau/Metro Ride Invitation for Bids Plow Truck 7  Responsibility – proposals shall be reviewed on a bidder’s demonstrated ability to provide all products and services specified in this IFB. O. Bid Protest Procedures Any interested party who wishes to protest at any point in the procurement process, evaluation, award, or post‐award, may do so. An "interested party" must, however, be an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract. Protests should be made as soon as possible but no later than five (5) working days following Metro Ride’s announcement of intent to award. The protest must contain a detailed statement of the grounds for protest and any supporting documentation. All protests must be submitted in writing to: Greg Seubert, Transit Director, 420 Plumer Street, Wausau, WI 54403. If the protester wishes to appeal the Transit Directors' decision, the matter will be forwarded to the City of Wausau Transit Commission for review. The recommendation of the Transit Commission will be forwarded to the City of Wausau Common Council for ultimate local disposition. When the protest involves a procurement funded by the Federal Transit Administration (FTA), Metro Ride will disclose information related to the protest to the FTA and keep them informed about the status of the protest. The FTA role is limited to considering matters that are “primarily of Federal concern.” P. Proposed Schedule The following schedule provides information on events and deadlines for this bid. IFB Issued October 21, 2022 Bid Submittal Deadline November 28, 2022, 4:00 PM Bid Opening – Board of Public Works November 29, 2022, 10:30 AM City of Wausau/Metro Ride Invitation for Bids Plow Truck 8 SECTION 2 GENERAL SPECIFICATIONS A. Intent and Performance The following specifications are intended to serve as general guidelines to obtain quotations on comparable equipment. It shall be the responsibility of the supplier to fully comply with these minimum specifications. The bid information shall be itemized in detail all standard and accessory equipment. B. Standards Where minimum standards or performance criteria are set forth, no compromise of these standards or performance criteria will be considered. Where specific standards are not mentioned, the bidder will be expected to incorporate equipment consistent with reliability and performance elsewhere specified. All equipment provided under this contract shall be of latest design and current manufacture. It is the intent to procure the latest products offered by the bidder. Proposals offering used or demonstrator models will not be acceptable. All equipment and materials shall be the best of their respective kinds and free of corrosion, scratches or such other defects. In all cases, the bidder is to be the manufacturer or a factory authorized dealer of the proposed equipment. SECTION 3 TECHNICAL SPECIFICATIONS The following is a list of features which must be provided in order to meet the minimum requirements of these specifications. This is not intended to be an all‐inclusive list. The vendor shall provide a bid for a completely operational unit, and the inadvertent omission in these specifications or in the vendor’s reply of an essential item required for normal operation shall not alleviate the contractor’s responsibility to provide that item. Failure to meet minimum specification requirements shall disqualify a bid. No advantage shall be taken by the manufacturer in the omission of any parts or details which are required to make the equipment complete and ready for service, even though such parts or details are not mentioned in these specifications. If no bidder is able to comply with a given specification or condition of bid, Metro Ride reserves the right to delete that specification or condition of bid. All equipment shall be fully installed prior to delivery. City of Wausau/Metro Ride Invitation for Bids Plow Truck 9 Vendors must indicate whether equipment offered meets minimum specifications for each feature listed below. Deviations from minimum specification should also be indicated. Meets Specifications REGULAR CAB 4 X 4 – 19,500 GVWR Yes No Deviations  169” Wheelbase ____ ____ _________________  84” Cab to Axle ____ ____ _________________  Trailer tow capacity of 17,000 lb. min ____ ____ _________________  12,500 lb. rear axle capacity min. ____ ____ _________________  7,000 lb. front axle capacity min. ____ ____ _________________  4‐Wheel Drive ____ ____ _________________  V‐8 Gas Engine 385 HP min. 450 ft/lb. torque ____ ____ _________________  Automatic Transmission ____ ____ _________________  Minimum 30 Gallon Fuel Tank ____ ____ _________________  HD External Transmission cooler ____ ____ _________________  4.40 Axle Ratio minimum ____ ____ _________________  Limited Slip Rear Differential ____ ____ _________________  Steel wheels with 1 full size spare ____ ____ _________________  Dash mounted backup camera ____ ____ _________________  Power heated mirrors ____ ____ _________________  Cruise control ____ ____ _________________  Trailer Tow Package ____ ____ _________________  Heavy Duty Front Bumper ____ ____ _________________  Snowplow Prep Package ____ ____ _________________  Telescoping Trailer Tow Mirrors ____ ____ _________________  2 Front Tow Hooks ____ ____ _________________  Air Conditioning ____ ____ _________________  AM/FM Radio w/Clock ____ ____ _________________  Vinyl Floor Covering ____ ____ _________________  2 – 12 Volt Power Points ____ ____ _________________  Additional body builder switch package ____ ____ _________________  1 Keyed 12‐volt outlet ____ ____ _________________  HD 40/20/40 Front Seat – Vinyl Trim ____ ____ _________________  Tilt Steering Column ____ ____ _________________  Interval Windshield Wipers ____ ____ _________________  Dual Alternators . ____ ____ _________________  Dual 730 CCA HD Batteries ____ ____ _________________  HD Shocks ____ ____ _________________  Power Steering w/Damper ____ ____ _________________  Power Steering Cooler ____ ____ _________________  Front Stabilizer Bar ____ ____ _________________  Dome Light – Door Activated ____ ____ _________________  Interior Grab Handles ____ ____ _________________  Rustproofing ____ ____ _________________  Front mud flaps ____ ____ _________________  Integrated Electronic Brake Controller ____ ____ _________________ City of Wausau/Metro Ride Invitation for Bids Plow Truck 10  Step bars on both sides of the cab for better access ____ ____ _________________  3 Year 36,000 Mile Powertrain Warranty ____ ____ _________________ 3 – 4 C.Y. DUMP BODY FOR A 19,500 GVWR TRUCK Meets Specifications WITH 84” CA 11 FT LENGTH WITH 12” SIDES Yes No Deviations  304 Stainless construction ____ ____ _________________  Min. 12‐gauge sides and rear posts, ____ ____  Drop down sides ____ ____  Heavy duty front bulkhead flush with top of cab with window ____ ____  10‐gauge high tensile floor; ____ ____  10‐gauge high tensile tailgate fully box braced ends and intermediate braces. Double acting design with chains and banjo eyes, single lever release ____ ____  Integral dirt shedding top rails and tailgate ____ ____  Western‐style understructure with 10‐gauge longmembers ____ ____  Sideboard pockets ____ ____  FMhyd proportional control hoist section ____ ____  Double acting electric/hyd proportional control for plow up and down. 500 psi down port relief for plow down pressure ____ ____  Double acting electric/hyd proportional control for plow swing With adjustable reliefs for left/right ____ ____  18‐gallon capacity ____ ____  Filler/breather cap, level/temp sight glass, 3⁄4” magnetic plug, City of Wausau/Metro Ride Invitation for Bids Plow Truck 11 spin‐on filter, return line check valve for ease of filter replacement ____ ____  In‐tank baffle ____ ____  Valve will be installed in a weather‐tight compartment on reservoir ____ ____  Hydraulic reservoir/enclosure will be mounted on frame rail ____ ____  Powder coated black or stainless ____ ____  Quick couplers for plow and sander ____ ____ Meets Specifications PLOW AND MOUNTS Yes No Deviations  7’6” 6‐way power V plow with wings/extensions ____ ____  All steel moldboards with full moldboard section trip ____ ____  1⁄4” high strength steel push frame, 1” horiz mounting pins ____ ____  Handheld pendant control and joystick mounted to dash ____ ____  Full LED plow lights with turn signals ____ ____  Quick hitch system ____ ____  Adjustable plow wear shoes ____ ____  1 extra set of cutting edge and mounting hardware ____ ____  Self‐Contained Plow Assembly ____ ____ Meets Specifications Tailgate Spreader Yes No Deviations  6” dual direction auger, 3/8” thickness flighting ____ ____  Stainless construction ____ ____  7‐gauge trough, 1⁄4” end plates ____ ____  Direct drive high torque, low speed motor ____ ____  Free hanging self‐leveling spinner ____ ____  Spinner area directly lighted ____ ____  18” poly spinner disc ____ ____ City of Wausau/Metro Ride Invitation for Bids Plow Truck 12 SECTION 4 FEDERAL AND STATE REQUIREMENTS 4.01 No Obligation by the Federal Government a. Metro Ride 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 Metro Ride, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. b. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 4.02 Program Fraud and False or Fraudulent Statements or Related Acts. a. 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. b. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. c. 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. 4.03 Access to Records The following access to records requirements apply to this Contract: City of Wausau/Metro Ride Invitation for Bids Plow Truck 13 a. The Contractor agrees to provide Metro Ride, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. b. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. c. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). d. FTA does not require the inclusion of these requirements in subcontracts. 4.04 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 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. 4.05 Termination 1. Termination for Convenience ‐ Metro Ride may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close‐out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to Metro Ride to be paid the Contractor. If the Contractor has any property in its possession belonging to Metro Ride, the Contractor will account for the same, and dispose of it in the manner Metro Ride directs. 2. Termination for Default [Breach or Cause] ‐ If the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, Metro Ride may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, City of Wausau/Metro Ride Invitation for Bids Plow Truck 14 or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by Metro Ride that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, Metro Ride, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 3. Opportunity to Cure ‐ If Metro Ride, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to Metro Ride' satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor or written notice from Metro Ride setting forth the nature of said breach or default, Metro Ride shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Metro Ride from also pursuing all available remedies against Contractor and its sureties for said breach or default. 4. Waiver of Remedies for any Breach ‐ In the event that Metro Ride elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by Metro Ride shall not limit Metro Ride’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 4.06 Civil Rights The following requirements apply to the underlying contract: 1. Nondiscrimination ‐ In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and 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, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Equal Employment Opportunity ‐ The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex ‐ In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, 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. Parts 60 et seq ., (which implement City of Wausau/Metro Ride Invitation for Bids Plow Truck 15 Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. 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, creed, national origin, sex, or age. 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. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age ‐ In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 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. (c) Disabilities ‐ In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 4.07 Disadvantaged Business Enterprise Provision (DBE) The contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure nondiscrimination in the award and administration of all contracts and sub‐agreements supported with federal assistance from the U.S. DOT. 4.08 Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Wausau/Metro City of Wausau/Metro Ride Invitation for Bids Plow Truck 16 Ride requests which would cause the City of Wausau/Metro Ride to be in violation of the FTA terms and conditions. 4.09 Suspension and Debarment Executive Order 12549, as implemented by 49 CFR Part 29, prohibits FTA recipients and subrecipients from contracting goods and services from organizations that have been suspended or debarred from receiving federally‐assisted contracts. To eligible for this procurement, contractors must submit with their bid or proposal an executed Certification of Eligibility, to confirm that the contractor (and its subcontractors) is not included on the United States Comptroller General's "List of persons or firms currently debarred for violations of various public contracts incorporating labor standard provisions”. 4.10 VIOLATION AND BREACH OF CONTRACT Disputes: Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the agency. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the agencies authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the agencies authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision. Claims for Damages: Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. Remedies: Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the agencies authorized representative and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Agency is located. 4.11 BUY AMERICA REQUIREMENTS The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements. The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. 4.12 Byrd Anti‐Lobbying Amendment Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of City of Wausau/Metro Ride Invitation for Bids Plow Truck 17 Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non‐Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Agency.” 4.13 Prompt Payment and Return of Retainage The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime contractor receives from the City of Wausau/Metro Ride. The prime contractor agrees further to return retainage payments to each subcontractor within 10 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced timeframe may occur only for good cause following written approval of the City of Wausau/Metro Ride. This clause applies to both DBE and non‐DBE subcontractors. 4.14 Cargo Preference Pursuant to 46 CFR Part 381, the following clauses must be inserted in all contracts under which equipment, materials or commodities may be transported by ocean vessel in carrying out the Project: The contractor agrees: a. To utilize privately owned United States‐flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, materials, or commodities pursuant to this section, to the extent such vessels are available at fair and reasonable rates for United States‐flag commercial vessels. b. To furnish within 30 days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment origination outside the United States, a legible copy of a rated, "on‐board" commercial ocean bill‐of‐lading in English for each shipment of cargo described in paragraph (1) above to the Recipient (through the prime contractor in the case of subcontractor bills‐of‐lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, 400 Seventh St. S.W., Washington, D.C. 20590, marked with appropriate identification of the Project. c. To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract. 4.15 Fly America The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301‐10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government‐financed international air travel and transportation of their personal effects or property, to City of Wausau/Metro Ride Invitation for Bids Plow Truck 18 the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 4.16 Contract Work Hours and Safety Standards Act The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non‐construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non‐construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 4.17 Energy Conservation The Contractor shall recognize 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 USC Section 6321 et seq.). 4.18 ADA Access The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act on 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 service be made available to persons with disabilities, including any subsequent amendments to the 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 the Act. In addition the contactor agrees to comply with any and all 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. City of Wausau/Metro Ride Invitation for Bids Plow Truck 19 SECTION 5 ATTACHMENTS ATTACHMENT 1 PROPOSAL OR BID ATTACHMENT 2 CERTIFICATION OF ELIGIBILITY ATTACHMENT 3 NON‐COLLUSION BIDDING CERTIFICATION ATTACHMENT 4 AFFIDAVIT OF ORGANIZATION AND AUTHORITY ATTACHMENT 5 LOBBYING CERTIFICATION ATTACHMENT 6 CONTRACTOR CERTIFICATION REGARDING COMPLIANCE WITH FTA REQUIREMENTS ATTACHMENT 7 BID SUBMISSION CHECKLIST City of Wausau/Metro Ride Invitation for Bids Plow Truck 20 ATTACHMENT 1 BID FOR RIDER PLOW TRUCK FOR METRO RIDE Date ___________________________ The undersigned hereby certifies that this proposal is made in pursuance of and is subject to the conditions set forth in the Invitation for Bids published by Metro Ride, and that he/she/they have personally and carefully examined the specifications, and accompanying bid documents. Having made such examination, the undersigned bidder submitting this bid/proposal hereby declares and agrees to enter into a contract and be bound to furnish the equipment in accordance with all of the terms, conditions and requirements of the bid documents, and specifications, hereto attached and which he/she/they have examined, for the following prices, to wit: BID PRICE The total bid price for a plow truck, including delivery, installation and any other costs is as follows: Make Model Year Cab and Chassis Dump Body Plow Spreader Total Unit Price $ I/We will deliver the proposed equipment within _______________ days after notification by Metro Ride of project award. Name of Individual, Partner or Corporation Street Address City, State and Zip Code Authorized Signature Title City of Wausau/Metro Ride Invitation for Bids Plow Truck 21 ATTACHMENT 2 CERTIFICATION OF ELIGIBILITY I, (Name of Authorized Official) (Title of Authorized Official) hereby certify that (Bidder Name) is not included on the United States Comptroller General's "List of persons or firms currently debarred for violations of various public contracts incorporating labor standard provisions”. Signature: Date: City of Wausau/Metro Ride Invitation for Bids Plow Truck 22 ATTACHMENT 3 NON‐COLLUSION BIDDING CERTIFICATION By submission of this Bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid, each party certifies as to its own organization, under penalty of perjury, that to the best of knowledge and behalf: 1. The prices in this Bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose if restricting competition as to any other matter relating to such prices with any other Bidder or with any other competitor. 2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and, 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose or restricting competition. Date: _______________________________ Bidder: ________________________________________________________ Signature: ____________________________________________ Title: __________________________________________ City of Wausau/Metro Ride Invitation for Bids Plow Truck 23 ATTACHMENT 4 AFFIDAVIT OF ORGANIZATION AND AUTHORITY STATE OF COUNTY OF being first duly sworn on oath deposes and says that the bidder on the attached bid proposal is organized as indicated below and that all statements herein made are made on behalf of such bidder and that this deponent is authorized to make them. (COMPLETE APPLICABLE PARAGRAPH) 1. CORPORATION The BIDDER is a corporation organized and existing under the laws of the State of and its president is , its Secretary is and it does have a corporate seal. The president and/or (insert other title here, if applicable) is authorized to sign contracts and proposals for the company. This authorization was given by action of its board of directors taken on . A certified copy of the record of this action is hereto attached. (Strike out this last sentence if not applicable.) 2. PARTNERSHIP The BIDDER is a partnership consisting of and , partners doing business under the name of . 3. SOLE TRADER The BIDDER is an individual and is operating under a trade name; such trade name is as follows: 4. LIMITED LIABILITY COMPANY The bidder is a corporation organized and existing under the laws of the Sate of and its owner, president, vice president, secretary or treasurer (select on and strike out the remaining) is , and it does/does not have a corporate seal. The owner, president, vice City of Wausau/Metro Ride Invitation for Bids Plow Truck 24 president, secretary or treasurer (select on and strike out the remaining) is authorized to sign construction contracts and proposals by virtue of its operating agreement or articles of organization, a certified copy is which is hereto attached. ADDRESS The business address of the bidder is as follows: ___________________________________ ___________________________________ STATUTORY SWORN STATEMENT also deposes and says that he/she has examined and carefully prepared his bid proposal from the specifications and has checked the same in detail before submitting this proposal or bid; that the statements contained herein are true and correct. (Wisconsin Statutes (66.29) (7).) further deposes and says that the “ Full and Complete List of Subcontractors and Material Suppliers” submitted with this bid is a full and complete list of all subcontractors and the class of work to be performed by each, which list cannot be added to or altered without the written consent of the City of Wausau/Metro Ride. (Contractor shall strike out whichever certification, relative to contractors, does not apply) Signed Signature of individual making affidavit Title Subscribed and sworn to before this day of 20 . NOTARY PUBLIC State County My Commission expires , 20 . (This affidavit must be attached to and filed with the bid proposal). City of Wausau/Metro Ride Invitation for Bids Plow Truck 25 ATTACHMENT 5 Lobbying Certification The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering A‐48 into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form‐LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub‐awards at all tiers (including subcontracts, sub‐grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date City of Wausau/Metro Ride Invitation for Bids Plow Truck 26 ATTACHMENT 6 CONTRACTOR CERTIFICATION REGARDING COMPLIANCE WITH FTA REQUIREMENTS 49 CFR Part 18 The Contractor listed below hereby certifies that it 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 Federal Transit Administration (FTA) Master Agreement between the City of Wausau/Wausau Area Transit System (d.b.a Metro Ride) and the Federal Transit Administration, as they may be amended or promulgated from time to time during the term of this contract. The Contractor’s failure to so comply shall constitute a material breach of this contract. ________________________________________________ Contractor Name ________________________________________________ Name and Title of Contractor’s Authorized Official ________________________________________________ Signature __________________________ Date City of Wausau/Metro Ride Invitation for Bids Plow Truck 27 ATTACHMENT 7 BID SUBMISSION CHECKLIST This checklist is provided to assist vendors in the preparation of their bid. This page is not a required submission. Failure to complete and/or submit the items listed below may result in the rejection of a bid. Proposal or Bid Certification of Eligibility Non‐Collusion Bidding Certification Affidavit of Organization and Authority Contractor Certification Regarding Compliance with FTA Requirements Descriptive Product Literature

Dates

Start Date

13 Nov, 2022 (2 months ago)

Due Date

28 Nov, 2022 (2 months ago)

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Location

Country : United StatesState : Wisconsin