Oil & Lubricants (Annual Contract)

RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 1 of 55 FINANCE DEPARTMENT PURCHASING DIVISION 100 TENTH STREET, P. O. BOX 1340 COLUMBUS, GEORGIA 31902-1340 706-225-4087 ◼ BIDLINE 706-225-4536 www.columbusga.org Date: January 17, 2023 REQUEST FOR BIDS: RFB NO. 23-0030 Qualified vendors are invited to submit sealed bids, subject to conditions and instructions as specified, for the furnishing of: OIL & LUBRICANTS FOR METRA (ANNUAL CONTRACT) GENERAL SCOPE Provide various types of oil & lubricants on an “as needed” basis to the Columbus Consolidated Government (the City) to be utilized by METRA Transit System. The contract term will be for three years. DUE DATE FEBRUARY 8, 2023 – 2:30 PM (Eastern) Responses must be submitted via DemandStar on or before the due date. A virtual opening will be held during the 3:00 PM hour of the due date. Responding vendors are not required but are invited to attend the

opening. If you wish to attend the virtual opening, use one of the Microsoft Teams meeting options: Click here to join the meeting or call in (audio only) +1 478-239-0725,,855808406# United States, Macon Phone Conference ID: 855 808 406# Find a local number | Reset PIN. Note: Columbus Consolidated Government is not responsible for technical issues that may arise during the virtual opening. BID SUBMISSION REQUIREMENTS See Appendix A for Submission Requirements, Submission Requirements Checklist, and DemandStar Registration and Submission Instructions. ADDENDA IMPORTANT INFORMATION Any and all addenda will be posted on the Purchasing Division’s web page, at https://www.columbusga.gov/finance-2/bid-opportunities. It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a bid. “NO BID” RESPONSE Refer to the form on page 3 if you are not interested in this invitation. Andrea J. McCorvey Purchasing Division Manager COLUMBUS CONSOLIDATED GOVERNMENT Georgia’s First Consolidated Government http://www.columbusga.org/ https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZDBhMjU0OWQtNzhmMC00MWI3LWFmYTUtMWE5Mzg1MjYzNjJh%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522f6bad3c9-1001-44da-acff-b25808ccd0c4%2522%252c%2522Oid%2522%253a%252231b993f8-2ba4-4447-8595-e9bd2a9237bb%2522%257d&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=EtqSxTlQyxV6y%2Fbuj7jQhhssFaCviAFruPTKL665iPk%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fl%2Fmeetup-join%2F19%253ameeting_ZDBhMjU0OWQtNzhmMC00MWI3LWFmYTUtMWE5Mzg1MjYzNjJh%2540thread.v2%2F0%3Fcontext%3D%257b%2522Tid%2522%253a%2522f6bad3c9-1001-44da-acff-b25808ccd0c4%2522%252c%2522Oid%2522%253a%252231b993f8-2ba4-4447-8595-e9bd2a9237bb%2522%257d&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=EtqSxTlQyxV6y%2Fbuj7jQhhssFaCviAFruPTKL665iPk%3D&reserved=0 tel:+14782390725,,855808406# https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F59f93fad-7434-42f9-b866-29ac5c89c046%3Fid%3D855808406&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378728883%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=VVDIVins36aPwsCTcm3xO81%2FChUT7B5Np0mgAp9rAas%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmysettings.lync.com%2Fpstnconferencing&data=04%7C01%7CDLewis%40columbusga.org%7C76679aafcef641b2945608d8c307fdd1%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637473786378738837%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=B3EFQGocYOaZ%2FWJeJvvy0qfiZu309O0I%2BWBqssG8iuo%3D&reserved=0 https://www.columbusga.gov/finance-2/bid-opportunities RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 2 of 55 IMPORTANT INFORMATION e-Notification The City uses the Georgia Procurement Registry e-notification system. You must register with the Team Georgia Market Place/Georgia Procurement Registry to receive future procurement notifications via http://doas.ga.gov/state- purchasing/suppliers/getting-started-as-a-supplier. If you have any questions or encounter any problems while registering, please contact the Team Georgia Marketplace Procurement Helpdesk: Telephone: 404-657-6000 Fax: 404-657-8444 Email: procurementhelp@doas.ga.gov http://doas.ga.gov/state-purchasing/suppliers/getting-started-as-a-supplier http://doas.ga.gov/state-purchasing/suppliers/getting-started-as-a-supplier mailto:procurementhelp@doas.ga.gov RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 3 of 55 STATEMENT OF “NO BID” Complete and return this form immediately if you do NOT intend to Bid: Email: bidopportunities@columbusga.org Fax: (706) 225-3033, Attn: Sandra Chandler, Buyer I Mail: Columbus Consolidated Government Purchasing Division P.O. Box 1340 Columbus, GA 31902-1340 We, the undersigned decline to bid on your RFB No. 23-0030, for Oil & Lubricants for METRA (Annual Contract) for the following reason(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only (explain below) There is insufficient time to respond to the Invitation for Quotations. We do not offer this product or service. We are unable to meet specifications. We are unable to meet bond requirements. Specifications are unclear (explain below). We are unable to meet insurance requirements. Other (specify below) Remarks: COMPANY NAME: ______________________________________________ AGENT: ______________________________________________ DATE: ______________________________________________ TELEPHONE NUMBER: ______________________________________________ EMAIL ADDRESS: ______________________________________________ mailto:bidopportunities@columbusga.org RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 4 of 55 GENERAL PROVISIONS THESE GENERAL PROVISIONS SHALL BE DEEMED AS PART OF THE BID SPECIFICATIONS. The provisions of the Procurement Ordinance for the Consolidated Government of Columbus, Georgia as adopted and amended by Council shall apply to all invitations for bids and award of all contracts and is specifically incorporated herein by this reference. A copy of the ordinance is on file in the Purchasing Division. 1. TERM “CITY”. The term “City” as used throughout these documents will mean Consolidated Government of Columbus, Georgia. 2. PREPARATION OF FORM. Bid proposals shall be submitted on the forms provided by the City. All figures must be written in ink or typewritten. Figures written in pencil or erasures are not acceptable. However, mistakes may be crossed out, corrections inserted adjacent thereto, initialed in ink by the person signing the proposal. If there are discrepancies between unit prices quoted and extensions, the unit price will prevail. Failure to properly sign forms, in ink, will render bid incomplete. 3. EXECUTION OF THE BID PROPOSAL. Execution of the bid proposal will indicate the bidder is familiar and in compliance with all local laws, regulations, ordinances, site inspections, licenses, dray tags, etc. 4. BID DUE DATE. The bid submission must arrive in the Purchasing Division on or before the stated due date and time. Upon receipt, bids will be time and date stamped. Bids will remain sealed and secured until the stated due date and time for the bid opening. 5. BID OPENING. Bids shall be opened publicly in the presence of one or more witnesses at the time and place stated in the public notice. The amount of each bid, the bidder's name and such other relevant information as the Purchasing Manager deems appropriate shall be recorded and retained in accordance with Georgia law. The record and each bid shall be open to the public in accordance with Article 3. 301A of the Procurement Ordinance (Public Access to Procurement Information). 6. LATE BIDS. It is the responsibility of the bidder to ensure bids are submitted by the specified due date and time. Bids received after the stated date and time will be returned, unopened, to the bidder. The official clock to determine the date and time will be the time/date stamp located in the Finance Department. All bids received will be time and date stamped by the official clock. The City will not be held responsible for the late delivery of bids due to the U.S. Mail Service, or any other courier service. 7. RECEIPT OF ONE SEALED BID. In the event only one sealed bid is received, no formal bid opening shall take place. First, the Purchasing Division shall conduct a survey of vendors to inquire of “no bid” responses and non-responsive vendors. If, from the survey, it is determined by the Purchasing Division that specifications need revision, the one bid received will be returned, unopened, to the responding vendor, with a letter of explanation and a new bid solicitation prepared. If it is determined that other vendors need to be contacted, the bid due date will be extended, and the one bid received will remain sealed until the new bid opening date. The vendor submitting the single bid will receive a letter of explanation. If it is determined the one bid received is from the only responsive, responsible bidder, then the bid shall be opened by the Purchasing Division Manager or designee, in the presence of at least one other witness. The single bid will be evaluated by the using agency for award recommendation. 8. RECEIPT OF TIE BIDS. In the event multiple responsive, responsible bidders are tied for the lowest price and all other terms and requirements are met by all tied bidders, the award recommendation shall be resolved in the order of the preferences listed below: 1. Award to the local bidder whose principal place of business is located in Columbus, Georgia. 2. Award to bidder previously awarded based on favorable prior experience. 3. Award to bidder whose principal place of business is located in the State of Georgia. 4. If feasible, divide the award equally among the bidders. 5. If it is not feasible to award equally and only two bidders are tied, perform a coin toss in the presence of the two bidders, either in person or virtually. 6. If the above preferences are insufficient to resolve the tie, all bid responses will be rejected and the bid will be re- advertised. 9. RECEIPT OF MULTIPLE BIDS. Unless otherwise stated in the bid specifications, the City will accept one and only one bid per vendor. Any unsolicited multiple bid(s) will not be considered. If prior to the bid opening, more than one bid is received from the same vendor, the following will occur: (1) the bidder will be contacted and required to submit written acknowledgment of the bid to be considered; (2) the additional bid(s) will be returned to the bidder unopened. If at the bid opening more than one bid is enclosed in a single bid package, the City will consider the vendor non-responsive and bids will be returned to the bidder. 10. CONDITIONS AND PACKAGING. Unless otherwise defined in the bid specifications, it is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging. 11. FREIGHT/SHIPPING/HANDLING CHARGES. All freight, shipping, and handling charges shall be included in the bid price. The City will pay no additional charges. RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 5 of 55 12. CORRECTION OR WITHDRAWAL OF BIDS; CANCELLATION OF AWARDS Correction or withdrawal of inadvertently erroneous bids before bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written notice received in the Purchasing Division. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident, or if the bidder submits evidence which clearly and convincingly demonstrate that a mistake was made. All decisions to permit correction or withdrawal of bids or to cancel awards of contracts based on bid mistakes will be supported by the Purchasing Manager's written determination. 13. ADDENDA AND INTERPRETATIONS. If it becomes necessary to revise any part of this bid, a written addendum will be provided to all bidders. The City is not bound by any oral representations, clarifications, or changes made to the written specifications by City employees, unless such clarification or change is provided to the bidders in written addendum form from the Purchasing Officer. Bidders will be required to acknowledge receipt of the addenda (if applicable) in their sealed bid proposal. The vendor may provide an initialed copy of each addendum or initial the appropriate area on the bid form (pricing page). Failure to acknowledge receipt of the addenda (when applicable) will render bid incomplete. It is the bidder’s responsibility to ensure that they have received all addenda. 14. BID RECEIPT AND EVALUATION. Bids shall be unconditionally received without alteration or correction except as authorized in the City's Procurement Ordinance. Bids shall be evaluated based on requirements set forth in the Invitation for Bid, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation cost, and total or life-cycle costs. The specifications presented in the Invitation for Bids shall represent the evaluation criteria. No other criteria may be used to evaluate bids. 15. TIME FOR CONSIDERATION. Bids must remain in effect for at least sixty (60) days after date of receipt to allow for evaluation. 16. BID SECURITY (1) Requirement for Bid Security. Bid security shall be required for all competitive sealed bids for construction contracts when the price is estimated by the Purchasing Manager to exceed $25,000. Bid security shall be a bond provided by a surety company authorized to do business in the State, or other form satisfactory to the City. Such bonds may also be required on construction contracts under $25,000 or other procurement contracts when circumstances warrant. (2) Amount of Bid Security. Bid security shall be in an amount equal to at least five percent (5%) of the bid amount. (3) Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for Bids requires security, noncompliance with such requirement shall force rejection of a bid. (4) Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in Section 3-108 Subsection (G) (Competitive Sealed Bidding – Correction or Withdrawal of Bids: Cancellation of Awards), no action shall be had against the bidder or the bid security. 17. CONTRACT PERFORMANCE AND PAYMENT BONDS (1) When Required: Amounts. When a construction contract is awarded in excess of $25,000, the following bonds or security shall be delivered to the City, and shall be binding on the parties upon the execution of the contract: a. a performance bond satisfactory to the City executed by a surely company authorized to do business in the State, or otherwise secured in a manner satisfactory to the City, amounting to one hundred percent (100%) of the price specified in the contract; and b. a payment bond satisfactory to the City executed by a surety company authorized to do business in the State or otherwise secured in a manner satisfactory to the City, to protect all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract, amounting to one hundred percent (100%) of the price specified in the contract. At the discretion of the Purchasing Manager, this same condition may be placed on awards of any amount. (2) Authority to Require Additional Bonds. Nothing in this Section shall be construed to limit the authority of the City to require a performance bond or other security in addition to the bonds, in circumstances other than the circumstances described in Subsection (1) above. 18. SUBCONTRACTING. Should bidder intend to subcontract all or any part of the work specified, name(s) and address(es) of sub-contractor(s) must be provided in bid proposal (use additional sheet if necessary). The bidder shall be responsible for RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 6 of 55 subcontractor(s) full compliance with the requirements of the bid specifications. THE COLUMBUS CONSOLIDATED GOVERNMENT WILL NOT BE RESPONSIBLE FOR PAYMENTS TO SUBCONTRACTORS. 19. DISQUALIFICATION OF BIDDERS AND REJECTION OF BIDS. Bidders may be disqualified and rejection of bid proposals may be recommended by the City for any (but not limited) to the following reasons: (A) Receipt after the time limit for receiving bid proposals as stated in the bid invitation. (B) Any irregularities contrary to the General Provisions or bid specifications. (C) Unbalanced unit price or extensions. (D) Unbalanced value of items. (E) Failure to use the proper forms furnished by the Consolidated Government. (F) Failure to complete the proposal properly (G) Omission of warranty, product literature, samples, acknowledgment of addenda or other items required to be included with bid proposal. (H) Failure to properly sign forms in ink. The City reserves the right to waive any minor informality or irregularity. The City reserves the right to reject any and all bids. 20. BRAND NAMES “OR EQUAL”. Whenever in this invitation any particular material, process and/or equipment are indicated or specified by patent, proprietary or brand name of manufacturer, such wording will be deemed to be used for the purpose of facilitating description of the material, process and/or equipment desired by the City. It is not meant to eliminate bidders or restrict competition in any bid process. Any manufacturers’ names, drawings, trade names, brand names, specifications and/or catalog numbers used herein are for the purpose of description and establishing general quality levels. Bidders may propose equivalent equipment, services or manufacturer. Any proposal that is equivalent to or surpasses stated specifications will be considered. Determination of equivalency shall rest solely with the City. Please Note: Due to existing equipment, specific manufacturers may be required to facilitate compatibility. 21. ASSIGNMENT OF CONTRACTUAL RIGHTS. It is agreed that the successful bidder will not assign, transfer, convey or otherwise dispose of the contract or its right, title or interest in or to the same, or any part thereof, without previous consent of the City and any sureties. 22. DISCOUNTS. Terms of payments offered will be reflected in the space provided on the bid proposal form. Cash discounts will be considered net in the bid evaluation process. All terms of payment (cash discounts) will be taken and computed from the date of delivery of acceptable material or services, or the date of receipt of the invoice, whichever is later. 23. TAXES. The City is exempt from State Retail Tax and Federal Excise Tax. Tax Exemption No. GA Code Sec. 48-8-3. Federal ID No. 58-1097948. 24. FEDERAL, STATE AND LOCAL LAWS. All bidders will comply with all Federal, State, and Local laws and ordinances, relative to conducting business in Columbus, Georgia. 25. BID INCLUSIONS. When bid inclusions are required, such as warranty information, product literature/specifications, references, etc. The inclusions should reference all aspects of the specific equipment or service proposed by the bidder. Do not include general descriptive catalogs. References to literature or other required inclusions submitted previously does not satisfy this provision. Bids found to be in non-compliance with these requirements will be subject to rejection. 26. NON-COLLUSION. By signing and submitting this bid, bidder declares that its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this bid. In the event, said bidder is found guilty of collusion, the company and agents will be removed from the City’s bid list for one full year and any current orders will be canceled. 27. INDEMNITY. The Contractor covenants to save, defend, hold harmless, and indemnify the City, and all of its officers, departments, agencies, agents, and employees (collectively the “City”) from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s intentional, negligent, or grossly negligent acts or omissions in performance or nonperformance of its work called for by the Contract Documents. 28. DISADVANTAGED BUSINESS ENTERPRISE. Disadvantaged Business Enterprises (minority or women owned businesses) will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, creed, sex, sexual orientation, gender identity or national origin in consideration for an award. It is the policy of the City that disadvantaged business enterprises and minority business enterprises have an opportunity to participate at all levels of contracting in the performance of City contracts to the extent practical and consistent with the efficient performance of the contract. 29. AFFIRMATIVE ACTION PROGRAM - NON-DISCRIMINATION CLAUSE. The Consolidated Government of Columbus, Georgia (“the City”) is committed to using Disadvantaged Business Enterprises (DBEs) (small, women-owned and minority business enterprises) to the greatest extent practical in all solicitations and day-to-day procurement needs of the City and to taking specific affirmative actions to meet these commitments. RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 7 of 55 The City has an Affirmative Action Program in connection with Equal Employment Opportunities. The successful bidder will comply with all Federal and State requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees, and will not discriminate between or among them by reason of race, color, age, religion, sex, sexual orientation, gender identity, national origin or physical handicap. 30. AWARDS TO LOCAL BUSINESSES. Except for construction contracts, Federally funded projects, Request for Proposals and Request for Qualifications, awards will be made to responsive and responsible local businesses proposing a cost not more than two percent (2%) above the low bid or quote for contracts involving an expenditure less than or equal to $25,000.00; and made to responsive and responsible local businesses proposing a cost not more than one percent (1%) above the low bid or quote for contracts involving an expenditure greater than $25,000.00. 31. RIGHT TO PROTEST. (1) Right of Protest. Any actual or prospective bidder offeror, or contractor who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Manager initially. All protests shall be filed in the manner prescribed herein. Protests that do not comply with the following rules shall be deemed invalid and of no effect. (2) The protest must be in writing, executed by a company officer that is authorized to execute agreements on behalf of the bidder or offeror or provided by an authorized legal representative of the protestor. (3) A protest with respect to an invitation for Bids or Request for Proposals shall be submitted in writing no less than five (5) business days prior to the opening of bids or the closing date of proposals or qualification statements. (4) Stay of Procurement During Protests. If there is a timely protest submitted as described above, the Purchasing Manager shall not proceed further with the solicitation or award of the contract until all administrative remedies have been exhausted or until the City Council, Mayor, or City Manager makes a determination on the record that the award of the contract without delay is necessary to protect substantial interests of the City. 32. FAILURE TO BID. Vendors choosing not to submit a bid are requested to return a Statement of “No Bid”. 33. PRODUCT/EQUIPMENT DEMONSTRATION - SITE VISIT. During the evaluation of bids, the City reserves the right to request a demonstration or site visit of the product, equipment or service offered by a bidder. The demonstration or site visit shall be at the expense of the bidder. Bidders who fail to provide demonstration or site visit, as requested, will be considered non-responsive. 34. CANCELLATION PROVISIONS. An Invitation for Bid, Request for Proposal, or other solicitation may be canceled, or any or all bids, proposals or responses rejected in whole or in part, at the discretion of the City for any reason whatsoever. The reasons for the cancellation shall be sent to all businesses solicited or that responded. The notice shall identify the solicitation, give the reasons for the cancellation, and when appropriate state that an opportunity will be given to compete on any re- solicitation or similar procurement in the future. Reasons for rejection will be provided to unsuccessful bidders or offerors. When such action is in the best financial interest of the City, contracts for supplies to be purchased or services to be rendered under an annual (term) contract basis may be canceled and re-advertised at the discretion of the Purchasing Officer and in accordance with contract terms. After the receipt of a product or piece of equipment, it is found that said item does not perform as specified and required, payment for said product or equipment will be withheld. The successful vendor will be notified of the non-performance in writing. After notification, the successful vendor will have ten (10) calendar days, from the date of notification, to deliver product or equipment which performs satisfactorily. If a satisfactory product is not delivered within 10 calendar days, from the notification date, the City will cancel the contract (purchase order) and award to the next low, responsive, responsible bidder. The vendor will be responsible for the pick-up or shipment of the unsatisfactory equipment or product. 35. QUESTIONS: Questions concerning specifications must be submitted, in writing, at least 5 (five) working days (Monday- Friday) prior to receipt date. Questions received less than five working days prior to receipt date will not be considered. 36. SAMPLES: When samples are required to be included with the proposal response, the bidder will be responsible for the following: 1) Unless otherwise specified, bidders are required to submit exact samples of item(s) bid. Do not submit sample of “like” item(s). 2) Affix an identification label to each individual sample to include bidder’s name, bid name and number. 3) Make arrangements for the return of sample after the bid award. All shipping costs will be the responsibility of the bidder. If bidder does not make arrangements for return of sample, within 60 days after award, the sample will be discarded. 37. GOVERNING LAW: The parties agree that this Agreement shall be governed by the laws of Georgia, both as to interpretations and performance. 38. PAYMENT DEDUCTIONS: The City reserves the right to deduct, from payments to awarded vendor(s), any amount owed to the City for various fees, to include, but not limited to: False Alarm fees, Ambulance fees, Occupation License Fees, Landfill fees, etc. 39. PAYMENT TERMS: The City's standard payment term is usually net 30 days, after successful receipt of goods or services. Payment may take longer if invoice is not properly documented or not easily identifiable, goods/services are not acceptable, or invoice is in dispute. RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 8 of 55 40. FINAL CONTRACT DOCUMENTS: If a formal contract is required as a result of the Request for Bid; the final contract shall include the following: 1) The RFB; 2) Addenda; 3) Awarded Vendors(s) Bid response; 4) Awarded Vendor(s) Clarifications; and 5) Awarded Vendor(s) Business Requirements. NOTICE TO VENDORS Sec. 2-3.05. - Submitting bids to Consolidated Government, etc.—By mayor or councilmembers. Neither the mayor nor any member of the Columbus Council shall submit any bid to the consolidated government, nor shall the mayor or any member of the Columbus Council own or have a substantial pecuniary interest in any business that submits a bid to the consolidated government. (Ord. No. 92-60, 6-23-92) Sec. 2-3.06. - Same—By members of boards, authorities, commissions. No member of any board or authority or commission or other independent or subordinate entity of the consolidated government shall submit any bid to the consolidated government or have a substantial pecuniary interest in any business that submits a bid to the consolidated government if such bid pertains to the board or authority or commission on which such person holds such membership. (Ord. No. 92-61, 6-23-92) RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 9 of 55 DO YOU HAVE QUESTIONS, CONCERNS OR NEED CLARIFICATION ABOUT THIS SOLICITATION? COMMUNICATION CONCERNING ANY SOLICITATION CURRENTLY ADVERTISED MUST TAKE PLACE IN WRITTEN FORM AND ADDRESSED TO THE PURCHASING DIVISION. ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION SHALL BE SUBMITTED IN WRITING. THE CITY WILL NOT ORALLY OR TELEPHONICALLY ADDRESS ANY QUESTION OR CLARIFICATION REGARDING BID/PROPOSAL SPECIFICATIONS. IF A VENDOR VISITS OR CALLS THE PURCHASING DIVISION WITH SUCH QUESTIONS, HE OR SHE WILL BE INSTRUCTED TO SUBMIT THE QUESTIONS IN WRITING. ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE THROUGH THE PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT CITY EMPLOYEES, DEPARTMENT HEADS, USING AGENCIES, EVALUATION COMMITTEE MEMBERS OR ELECTED OFFICIALS WITH QUESTIONS OR ANY OTHER CONCERNS ABOUT THE SOLICITATION. QUESTIONS, CLARIFICATIONS, OR CONCERNS SHALL BE SUBMITTED TO THE PURCHASING DIVISION IN WRITING. IF IT IS NECESSARY THAT A TECHNICAL QUESTION NEEDS ADDRESSING, THE PURCHASING DIVISION WILL FORWARD SUCH TO THE USING AGENCY, WHO WILL SUBMIT A WRITTEN RESPONSE. THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE RESPECTIVE BIDDER OR IF IT BECOMES NECESSARY TO REVISE ANY PART OF THIS SOLICITATION, A WRITTEN ADDENDUM WILL BE ISSUED TO ALL BIDDERS. THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS, CLARIFICATIONS, OR CHANGES MADE TO THE WRITTEN SPECIFICATIONS BY CITY EMPLOYEES, UNLESS SUCH CLARIFICATION OR CHANGE IS PROVIDED TO THE BIDDERS IN A WRITTEN ADDENDUM FROM THE PURCHASING MANAGER. BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED “QUESTION/CLARIFICATION FORM” TO EMAIL QUESTION. QUESTIONS AND REQUESTS FOR CLARIFICATION MUST BE SUBMITTED AT LEAST FIVE (5) BUSINESS DAYS BEFORE THE DUE DATE. ANY REQUEST, AFTER A SOLICITATION HAS CLOSED AND PENDING AWARD, MUST ALSO BE SUBMITTED IN WRITING TO THE PURCHASING DIVISION. Email BidOpportunities@ColumbusGA.org or use the attached “Question/Clarification” Form (on the following page) to submit questions. mailto:BidOpportunities@ColumbusGA.org RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 10 of 55 QUESTION/CLARIFICATION FORM DATE: TO: Sandra Chandler, Buyer I Email: bidopportunities@columbusga.org Fax: (706) 225-3033 RE: Oil & Lubricants for METRA (Annual Contract); RFB No. 23-0030 (Questions/clarification requests must be submitted at least five (5) business days before the due date.) From: __________________________________ Company Name Website Representative Email Address Complete Address City State Zip Telephone Number Fax Number RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 11 of 55 UESTION/CLARIFICATION FORM GENERAL SPECIFICATIONS OIL & LUBRICANTS FOR METRA (ANNUAL CONTRACT) RFB NO. 23-0030 I. SCOPE Provide various oil and lubricant products on an “as needed” basis to Columbus Consolidated Government (the City). METRA Transit System will use the items. The City reserves the right to add additional related items or related services during the term of the contract. METRA TRANSIT SYSTEM Type Size Estimated Annual Usage DELIVERY LOCATION: 812 Linwood Blvd, Columbus, GA 31902 High Performance 80-90 Gear Oil 55 Gal Drum 2,000 Gallons Anti-Freeze 55 Gal Drum 2,000 Gallons 15W40 Oil Bulk 4,000 Gallons Triton Heavy Duty ATF Bulk 4,000 Gallons Defendal Diesel Exhaust Fluid 330 Gallon Tote 3,300 Gallons NL GI #2 Chassis Grease 120lb Kegs 1,000 Pounds SAE 5W20 Synthetic Oil 55 Gal Drum 2,000 Gallons II. FEDERAL/STATE/LOCAL GOVERNMENT PROVISIONS By submitting a Bid, the Bidder implicitly agrees that federal, state, and local rules, regulations, and statutes will be part of the Bid Award and any contract executed as a result of this solicitation. These include, but are not limited to, the General Statutes of the State of Georgia, the federal requirements contained in the Federal Transit Administration (hereinafter called the “FTA”) Master Agreement dated October 1, 2014, as amended, including any certifications and contractual provisions required by any federal statutes or regulations referenced therein. Other federal procurement requirements in FTA Circular 4220.1F as amended are also included. Similarly, the City’s Purchasing Ordinance, insofar as they apply to purchasing and competitive bidding, are made a part hereof. III. TERM OF CONTRACT A. The term of this contract shall be for three (3) years. The City will allow for negotiating the bid price if such things as EPA, FTA or regulatory legislative guidelines are changed and bus manufacturers are required to adhere to the new regulations. It should be noted that multi-year contracts will continue each fiscal year only after funding appropriations and program approval has been granted by the Council of the Consolidated Government of Columbus, Georgia, and Federal and State DOT contracts are awarded. In the event that the necessary funding is not approved, then the affected multi-year contract becomes null and void, effective July 1st of the fiscal year for which such approval has been denied. B. Termination for Convenience For the protection of both parties, either party giving 30 days prior notice in writing to the other party may cancel this contract. RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 12 of 55 IV. BRAND NAMES Reference to a particular trade name, brand name, or manufacturer number is made for descriptive purposes to guide the bidder in interpreting the requirements of the City. They should not be construed as, nor are they intended to exclude proposals on other brand name suppliers; however, there are certain vehicles owned by the City of Columbus which require a particular brand name product to be compatible with the existing equipment. Should the successful bidder not be able to supply the required product, the City of Columbus reserves the right to purchase from another vendor. V. QUESTIONS/ADDENDA Questions and requests for clarification must be submitted within five (5) business days of the due date (see pages 9 & 10). Changes to the specifications (if any) will be provided in the form of an addendum, which will be posted on the web page of the Finance Department/Purchasing Division of Columbus Consolidated Government at https://www.columbusga.gov/finance-2/bid-opportunities. It is the vendors’ responsibility to periodically visit the web page for addenda before the due date and prior to submitting a bid. VI. BID SUBMISSION REQUIREMENTS Bid responses must be submitted via DemandStar. See APPENDIX A for: Submission Requirements; Submission Requirements Checklist; and DemandStar Registration and Submission Instructions. Each bidder shall include the following information with bid submission. Bidder shall submit ONE (1) ELECTRONIC BID RESPONSE VIA DEMANDSTAR. The City reserves the right to request any omitted information, excluding E-Verify and Communication Concerning This Solicitation, WHICH DOES NOT AFFECT THE SUBMITTED BID PRICE. Bidders shall be notified, in writing, and shall have two (2) days, after notification to submit the omitted information. If the omitted information is not received within two (2) days, the Bidder shall be deemed non-responsive, and the Bid Submission will be deemed “Incomplete”: A. Bid Form Pricing Pages (Form 1, Form 2, Form 3 and Form 4) B. Communication Concerning This Solicitation: (Form 5) – Bid submissions missing this form will automatically be rejected. C. Federal Compliance: (Form 6) D. Federally Required Contract Clauses (Attachment 1): Complete pages 28-45. E. Product Literature: Provide product literature for proposed product. F. Material Safety Data Sheets: (Vendor’s sealed bid proposal must include the Material Safety Data Sheets for proposed product(s). Failure to do so will render bid “Incomplete”. G. Contract Signature Page (Form 8) H. Business License: Vendors shall submit a copy of the Business License (Occupation License) that is required to conduct business at their location or provide a copy of their active Articles of Incorporation from the state in which the business is located. If awarded the contract, the successful vendor must obtain a business license from the City of Columbus, GA. However, if the business is located in Georgia and has proof of being properly licensed by a municipality in Georgia, and paid applicable occupation taxes in that City, the vendor will not be required to pay occupation taxes in Columbus, Georgia. If you have questions regarding this requirement, please contact Yvonne Ivey, Revenue Manager, at 706-225-3091. I. Form W-9, Request for Taxpayer Identification Number and Certification: Complete and https://www.columbusga.gov/finance-2/bid-opportunities RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 13 of 55 return Page 1 of the Form W-9, which is available at https://www.irs.gov/pub/irs-pdf/fw9.pdf J. Addenda: Use Form 7 to acknowledge receipt for all addenda (if any). Addenda will be posted at https://www.columbusga.gov/finance-2/bid-opportunities. Vendors are responsible for periodically visiting the web page, to check for addenda, prior to the bid due date and before submitting a bid. VII. AWARD/ORDERS/DELIVERY/INVOICING A. Award: This bid shall be awarded in total to one vendor or by line item. The Consolidated Government of Columbus shall be the judge of the factors and will make the award in the best interest of the City. The City reserves the right to reject any/or all bids. Should the successful bidder not be able to supply the required item(s), the City reserves the right to purchase from other sources. If more than one vendor is awarded line items, the awarded vendors will be provided the opportunity to quote on the additional item or service. B. Orders: After award of the bid, by Columbus City Council, the successful vendor shall receive orders on an “as needed” basis, either by phone call or fax, stating quantity and type of oil required. C. Delivery: Delivery shall be made to METRA Transit System at 814 Linwood Boulevard within twenty (24) hours from the time the order is placed. All shipping, delivery, and/or freight charges must be included in unit prices. The City will pay no additional shipping, delivery, and/or freight charges. D. Invoicing: Invoices shall accompany orders when deliveries are made. The user should verify all orders at the time of delivery, and the delivery person or warehouse foreman whichever applies must adjust any shortages on the invoice. Payments will be processed from priced invoices only. VIII. FEDERALLY REQUIRED CONTRACT CLAUSES (ATTACHMENT 1) This purchase is partially funded by the Federal Transit Administration (FTA) and the Georgia Department of Transportation (GDOT). In accordance with requirements of the agencies, vendors must read and initial pages 28 through 45 and include the initialed pages with sealed bid. Failure to include the initialed pages may render your bid “Incomplete”. IX. TERMINATION OF CONTRACT Default: If the contractor refuses or fails to perform any of the provision of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the Purchasing Division Director may notify the contractor in writing of the delay or non- performance and if not cured within ten (10) days or any longer time specified in writing by the Purchasing Division Director, such director may terminate the contractor's right to proceed with the contract or such part of the contract as to which there has been delay or a failure to properly perform. In the event of termination in whole or in part the Purchasing Division Director may procure similar supplies or services, from other sources, in a manner and upon terms deeded appropriate by the Purchasing Division Director. The contractor shall continue performance of the contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services. Compensation: Payment for completed supplies delivered and accepted by the City shall be at the contract price. The City may withhold from amounts due the contractor such sums as the Purchasing Division Director deem necessary to protect the City against loss because of outstanding liens or claims https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.irs.gov%2Fpub%2Firs-pdf%2Ffw9.pdf&data=04%7C01%7CSChandler%40columbusga.org%7Cc8628469737742381e5308d874344954%7Cf6bad3c9100144daacffb25808ccd0c4%7C1%7C0%7C637387115206133623%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=ewiVdDodqCsxBoc9QJQD7YCSxNc8H3CD6UZAKUMWV%2Bw%3D&reserved=0 https://www.columbusga.gov/finance-2/bid-opportunities RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 14 of 55 of former lien holders and to reimburse the City for the excess costs incurred in procuring similar goods and services. Excuses for Nonperformance or Delayed Performances: Except with respect to defaults of subcontractors, the contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms, if the contractor has notified the Purchasing Division Director within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of public enemy; acts of the City and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the contractor shall not be deeded in default, unless the supplies or services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the contractor to meet the contract requirements. Upon request of the contractor, the Purchasing Division Director shall ascertain the facts and extent of such failure, and, if such director determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the contractor's progress and performance would have met the terms of the contact, the delivery schedule shall be revised accordingly. RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 15 of 55 OIL & LUBRICANTS FOR METRA (ANNUAL CONTRACT) RFB NO. 23-0030 GENERAL INSTRUCTIONS These specifications are intended to provide for and require a complete finished job as described, ready for service and of durable construction in all respects. Bidders should notify the City if any item that is clearly necessary to complete the work has been omitted from the specifications (or if any item has been inappropriately specified), and should propose suitable corrections for the City to consider. All units or parts not specified shall be standard units or parts, conforming to the highest material, design, and work-quality standards known. All parts shall be new; used, reconditioned, or obsolete parts are unacceptable. Design of parts and equipment shall maximize interchangeability among all units. All work shall conform to the highest standard of accepted commercial practice in its class, and shall result in a neat and finished appearance. All exposed surfaces and edges shall be smooth and free from burrs and other projections. Wherever brand name materials, components, and or equipment are mentioned in these specifications, the phrase "or approved equal" shall be understood to follow; bidders must receive written approval for any proposed substitution(s) before they submit their bids regardless of the use of brand names, bidders are responsible for satisfying performance, warranty, and other contractual requirements in these specifications. The contractor is responsible for materials and equipment used, whether made by it or purchased under subcontract from outside sources, and shall not delegate responsibility to suppliers or other sources under any conditions. Bids shall state the terms of payment offered, and shall remain in effect for at least thirty (30) days after the bid opening. Bids shall also state the earliest possible completion schedule, no later than thirty (30) days after receipt of a purchase order from the City. Bid prices shall be FOB the site designated by the City, delivered and installed. The City is exempt from payment of Federal, state, and local taxes; such taxes must not be included in bids. The City will furnish copies of tax-exemption certificates as needed. In determining the successful bidder, the City shall consider; - price (payment terms of net 30 days after acceptance); - financial responsibility; - responsiveness to contractual and technical specifications; - suitability of the equipment offered for local use; and - the City's past experience. Requests for approved equals and clarifications or protest of the specifications must be received by the City in writing at least five (5) days before the bid opening date. Requests for approved equals or protest of the specifications must be fully supported with technical data, test results, or other pertinent information to show the substitute or change offered is equal to or better than the specifications equipment. When approved equals are requested for any item required in the specifications to be tested, test results must be submitted for the substitute offered. The City's replies to timely requests for approved equals and clarifications or protest of the specifications will be postmarked at least five (5) days before the bid opening date. Specification changes will be made by addendum. RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 16 of 55 Appeal of the City's decisions by the bidder (or an adversely affected potential subcontractor) must be received by FTA in writing at least three (3) days before the bid opening date. The City must receive written notice at the same time, indicating the nature of the appeal. The City will send FTA a copy of all earlier correspondence on the subjects covered by the appeal. In deciding appeals, FTA will consider only the documentation developed in negotiations between the City and the bidder and information obtained by specific requests to the City, the bidder, or other third party. When it receives notice that an appeal has been submitted to FTA, the City will contact the appropriate FTA officials immediately to determine if bid opening should be postponed. If bid opening is postponed, the City will send a notice to all persons and firms who were given a copy of the specifications to say that an appeal has been filed and that bid opening is postponed until FTA has issued its decision. An appeal to FTA may be withdrawn at any item before FTA has issued its decision. FTA's decision on any appeal will be final; no further appeals will be considered by FTA. Bid opening will be rescheduled by appropriate addenda. The City may postpone bid opening for its own convenience. Propose changes or revisions to the contract awarded from this Invitation for Bids must be submitted to the City for its consideration and written approval before taking effect. RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 17 of 55 FORM 1 BID FORM PRICING PAGE RFB NO. 23-0030 OIL & LUBRICANTS FOR METRA (ANNUAL CONTRACT) YEAR ONE ITEM EQUIVALENT UNIT COST QUANTITY TOTAL COST High Performance 80-90 Gear Oil API Service GLS Mil-L 2105 C&D Per 55 Gal. Drum Manufacturer: _____________________________ _________Per Gallon 1,000 Gallons $____________ Anti-Freeze Green (Pre Mix), Purchased Per Gallon Red (Pre Mix), Purchased Per Gallon (Standard Red EG Coolant) _________Per Gallon _________Per Gallon 1,000 Gallons 1,000 Gallons $____________ $____________ 15W40 15W40 Oil, Blaco HDMO, Per Gallon Manufacturer: _____________________________ _________Per Gallon 4,000 Gallons $____________ Triton Heavy Duty ATF Transmission Fluid, Bulk Shell Donax, Per Gallon Manufacturer: _____________________________ _________Per Gallon 4,000 Gallons $____________ Defendal Diesel Exhaust Fluid Diesel Exhaust Fluid Fuel, Per Gallon Manufacturer: _____________________________ _________Per Gallon 3,300 Gallons $____________ Chassis Grease: NL GI #2 Grease Chassis Grease, Purchase Per Pound Manufacturer: _____________________________ _________Per Pound 1,000 Pounds $____________ SAE 5W20 5W20 Synthetic Motor Oil, Per Gallon (Synthetic Blend) Manufacturer: _____________________________ _________Per Gallon 2,000 Gallons $____________ GRAND TOTAL COST $__________ Method Of Delivery: Bulk Tank - Yes_____No_____ Drums - Yes_____ No_____ Truck w/Pump - Yes_____ No_____ COMPANY NAME: ___________________________________________________________________________________ COMPLETE AND RETURN THIS PAGE WITH SEALED RESPONSE RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 18 of 55 FORM 2 BID FORM PRICING PAGE RFB NO. 23-0030 OIL & LUBRICANTS FOR METRA (ANNUAL CONTRACT) YEAR TWO ITEM EQUIVALENT UNIT COST QUANTITY TOTAL COST High Performance 80-90 Gear Oil API Service GLS Mil-L 2105 C&D Per 55 Gal. Drum Manufacturer: _____________________________ _________Per Gallon 1,000 Gallons $____________ Anti-Freeze Green (Pre Mix), Purchased Per Gallon Red (Pre Mix), Purchased Per Gallon (Standard Red EG Coolant) _________Per Gallon _________Per Gallon 1,000 Gallons 1,000 Gallons $____________ $____________ 15W40 15W40 Oil, Blaco HDMO, Per Gallon Manufacturer: _____________________________ _________Per Gallon 4,000 Gallons $____________ Triton Heavy Duty ATF Transmission Fluid, Bulk Shell Donax, Per Gallon Manufacturer: _____________________________ _________Per Gallon 4,000 Gallons $____________ Defendal Diesel Exhaust Fluid Diesel Exhaust Fluid Fuel, Per Gallon Manufacturer: _____________________________ _________Per Gallon 3,300 Gallons $____________ Chassis Grease: NL GI #2 Grease Chassis Grease, Purchase Per Pound Manufacturer: _____________________________ _________Per Pound 1,000 Pounds $____________ SAE 5W20 5W20 Synthetic Motor Oil, Per Gallon (Synthetic Blend) Manufacturer: _____________________________ _________Per Gallon 2,000 Gallons $____________ GRAND TOTAL COST $__________ Method Of Delivery: Bulk Tank - Yes_____No_____ Drums - Yes_____ No_____ Truck w/Pump - Yes_____ No_____ COMPANY NAME: ___________________________________________________________________________________ COMPLETE AND RETURN THIS PAGE WITH SEALED RESPONSE RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 19 of 55 FORM 3 BID FORM PRICING PAGE RFB NO. 23-0030 OIL & LUBRICANTS FOR METRA (ANNUAL CONTRACT) YEAR THREE ITEM EQUIVALENT UNIT COST QUANTITY TOTAL COST High Performance 80-90 Gear Oil API Service GLS Mil-L 2105 C&D Per 55 Gal. Drum Manufacturer: _____________________________ _________Per Gallon 1,000 Gallons $____________ Anti-Freeze Green (Pre Mix), Purchased Per Gallon Red (Pre Mix), Purchased Per Gallon (Standard Red EG Coolant) _________Per Gallon _________Per Gallon 1,000 Gallons 1,000 Gallons $____________ $____________ 15W40 15W40 Oil, Blaco HDMO, Per Gallon Manufacturer: _____________________________ _________Per Gallon 4,000 Gallons $____________ Triton Heavy Duty ATF Transmission Fluid, Bulk Shell Donax, Per Gallon Manufacturer: _____________________________ _________Per Gallon 4,000 Gallons $____________ Defendal Diesel Exhaust Fluid Diesel Exhaust Fluid Fuel, Per Gallon Manufacturer: _____________________________ _________Per Gallon 3,300 Gallons $____________ Chassis Grease: 76 Chassis Grease: NL GI #2 Grease Chassis Grease, Purchase Per Pound Manufacturer: _____________________________ _________Per Pound 1,000 Pounds $____________ SAE 5W20 5W20 Synthetic Motor Oil, Per Gallon (Synthetic Blend) Manufacturer: _____________________________ _________Per Gallon 2,000 Gallons $____________ GRAND TOTAL COST $__________ Method Of Delivery: Bulk Tank - Yes_____No_____ Drums - Yes_____ No_____ Truck w/Pump - Yes_____ No_____ COMPANY NAME: ___________________________________________________________________________________ COMPLETE AND RETURN THIS PAGE WITH SEALED RESPONSE RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 20 of 55 FORM 4 BID FORM (PRICING PAGE) RFB NO. 23-0030 OIL & LUBRICANTS FOR METRA (ANNUAL CONTRACT) Upon receipt of contract acceptance, the undersigned (as bidder) hereby agrees to furnish to the Columbus Consolidated Government (hereinafter referred to as “the City”) goods and or services in accordance with the specifications and instructions herein attached (which are part of this contract) and with all other terms of the contract, all of which are known to and understood by the bidder. The bidder has submitted this bid with the understanding that the City’s acceptance in writing of this offer to furnish the goods and or services described herein shall constitute a contract between the bidder and the City which shall bind the bidder on its part to furnish and deliver (at the prices bid and in accordance with the terms and conditions set forth in this contract) the items specified herein. Delivery will be made within ______ hours after receipt of order. IMPORTANT INFORMATION: PLEASE SUBMIT ONE ELECTRONIC SUBMISSION By signing this Bid Form, the authorized representative understands the City reserves the right to request any omitted information, to exclude the form titled “Communication Concerning This Solicitation”, WHICH DOES NOT AFFECT THE SUBMITTED PRICE. Bidders shall be notified, in writing, and shall have two (2) days, after notification to submit the omitted information (to exclude the form titled “Communication Concerning This Solicitation”). If the omitted information is not received within two (2) days, the Bidder shall be deemed non-responsive, and the Bid Submission will be deemed “Incomplete”. Use the following checklist to verify the items are included in sealed bid: □ Bid Form/Pricing Pages (Form 1, Form 2, Form 3, and Form 4) □ Federally Required Contract Clauses (Attachment 1) □ Communication Concerning This Solicitation (Form 5) □ Federal Compliance (Form 6) □ Addenda Acknowledgement (Form 7) □ Product Literature □ Material Safety Data Sheet for Proposed Items □ Contract Signature Page (Form 8) □ Business License □ Form W-9 Vendor’s Name Website Vendor’s Street Address City State Zip Vendor’s Remittance or Mailing Address (If different) City State Zip Phone Number Fax Number Email Address Signature of Authorized Representative “Print” Name and Title Date of Signature Please initial if business is Minority or Woman owned; if not, “N/A”: Minority owned: _____ Woman owned: _____ If certified as a DBE or WBE, list the certifying agency: ____________________ COMPLETE AND RETURN THIS PAGE WITH SEALED RESPONSE RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 21 of 55 FORM 5 COMMUNICATION CONCERNING THIS SOLICITATION THIS PAGE MUST BE SIGNED AND RETURNED WITH THE VENDOR’S BID/PROPOSAL. FAILURE TO INCLUDE THIS FORM WILL AUTOMATICALLY RENDER VENDOR’S RESPONSE NON- RESPONSIVE. ************************************************************************************************************ ALL QUESTIONS OR CLARIFICATIONS CONCERNING THIS SOLICITATION SHALL BE SUBMITTED IN WRITING. THE CITY WILL NOT ORALLY OR TELEPHONICALLY ADDRESS ANY QUESTION OR CLARIFICATION REGARDING BID/PROPOSAL SPECIFICATIONS. IF A VENDOR VISITS OR CALLS THE PURCHASING DIVISION WITH SUCH QUESTIONS, HE OR SHE WILL BE INSTRUCTED TO SUBMIT THE QUESTIONS IN WRITING. ALL CONTACT CONCERNING THIS SOLICITATION SHALL BE MADE THROUGH THE PURCHASING DIVISION. BIDDERS SHALL NOT CONTACT CITY EMPLOYEES, DEPARTMENT HEADS, USING AGENCIES, EVALUATION COMMITTEE MEMBERS, INCLUDING NON-CCG EMPLOYEES, CONTRACTED PERSONNEL ASSOCIATED WITH THIS PARTICULAR PROJECT (I.E. ARCHITECTS, ENGINEERS, CONSULTANTS), OR ELECTED OFFICIALS WITH QUESTIONS OR ANY OTHER CONCERNS ABOUT THE SOLICITATION. QUESTIONS, CLARIFICATIONS, OR CONCERNS SHALL BE SUBMITTED TO THE PURCHASING DIVISION IN WRITING. IF IT IS NECESSARY THAT A TECHNICAL QUESTION NEEDS ADDRESSING, THE PURCHASING DIVISION WILL FORWARD SUCH TO THE USING AGENCY, WHO WILL SUBMIT A WRITTEN RESPONSE. THE PURCHASING DIVISION WILL FORWARD WRITTEN RESPONSES TO THE RESPECTIVE BIDDER. IF IT BECOMES NECESSARY TO REVISE ANY PART OF THIS SOLICITATION, A WRITTEN ADDENDUM WILL BE ISSUED TO ALL BIDDERS. THE CITY IS NOT BOUND BY ANY ORAL REPRESENTATIONS, CLARIFICATIONS, OR CHANGES MADE TO THE WRITTEN SPECIFICATIONS BY CITY EMPLOYEES, UNLESS SUCH CLARIFICATION OR CHANGE IS PROVIDED TO THE BIDDERS IN A WRITTEN ADDENDUM FROM THE PURCHASING MANAGER. BIDDERS ARE INSTRUCTED TO USE THE ENCLOSED “QUESTION/CLARIFICATION FORM” TO FAX OR EMAIL QUESTION. QUESTIONS AND REQUESTS FOR CLARIFICATION MUST BE SUBMITTED AT LEAST FIVE (5) BUSINESS DAYS BEFORE THE DUE DATE. ANY REQUEST/CONCERN/PROTEST, AFTER A SOLICITATION HAS CLOSED AND PENDING AWARD, MUST ALSO BE SUBMITTED IN WRITING TO THE PURCHASING DIVISION. *********************************** I agree to forward all communication about this solicitation, in writing, to the Purchasing Division. I understand that communication with other persons, other than the Purchasing Division, will render my Bid/Proposal response non-responsive and I will no longer be considered in the solicitation process. Vendor Name: _____________________________________________________________________ Print Name of Authorized Agent: ______________________________________________________ Signature of Authorized Agent: ________________________________________________________ COMPLETE AND RETURN THIS PAGE WITH SEALED RESPONSE RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 22 of 55 FORM 6 FEDERAL COMPLIANCE Contractor agrees to comply with all federal statutes relating to nondiscrimination, labor standards, and environmental compliance. With regards to “Rights to Inventions Made Under a Contract or Agreement,” If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Contractor agrees to be wholly compliant with the provisions of 2 CFR 200, Appendix II. Additionally, for work to be performed under the Agreement or subcontract thereof, including procurement of materials or leases of equipment. Contractor shall comply and shall notify each potential subcontractor or supplier of the Contractor's federal compliance obligations. These may include, but are not limited to: (a) Title VII of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) the Fair Labor Standards Act of 1938 (29 USC 676 et. seq.), (d) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (e) the Age Discrimination in Employment Act of 1967 (29 USC 621 et. seq.) and the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (h) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; (k) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement; (l) Applicable provisions of the Clean Air Act (42 U.S.C. §7401 et seq.), the Federal Water Pollution Control Act, as amended (33 U.S.C. §1251 et seq.), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations at 40 CPR Part 15; (m) applicable provisions of the Davis- Bacon Act (40 U.S.C. 276a - 276a-7), the Copeland Act (40 U.S.C. 276c), and the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332), as set forth in Department of Labor Regulations at 20 CPR 5.5a; (n) the 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 (P.L. 94-163). To demonstrate acknowledgement and understanding of the above listed Federal Requirements, vendor is required to sign below and return with bid response: Vendor Name:________________________________________________________________________________ Signature of Authorized Agent:_________________________________________________________________ Print Name and Title of above Agent:_____________________________________________________________ COMPLETE AND RETURN THIS PAGE WITH SEALED RESPONSE RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 23 of 55 FORM 7 ___________________________________ (date) ADDENDA ACKNOWLEDGEMENT Oil & Lubricants for METRA (Annual Contract) RFB No. 23-0030 The Purchasing Division will post addenda (if any) on the Bid Opportunities page: https://www.columbusga.gov/finance-2/bid-opportunities. It is the vendors’ responsibility to periodically visit the page to check for addenda, both before the due date and prior to submitting a response in DemandStar. IF ADDENDA WERE ISSUED: By signing below, I acknowledge 1) I have received the addenda (if any) as indicated below, 2) my submittal reflects the changes to the specifications, and 3) my submittal includes the most recently revised forms: Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated Addendum No. dated IF NO ADDENDA WERE ISSUED: By signing below, I acknowledge that I reviewed the Bid Opportunities page referenced above on and did not see any addenda listed for this solicitation. Business Name Date Authorized Signature Print Name COMPLETE AND RETURN THIS PAGE WITH SEALED RESPONSE https://www.columbusga.gov/finance-2/bid-opportunities RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 24 of 55 FORM 8 CONTRACT SIGNATURE PAGE OIL & LUBRICANTS FOR METRA (Annual Contract) RFP No. 23-0030 THE UNDERSIGNED HEREBY DECLARES THAT HE HAS/THEY HAVE CAREFULLY EXAMINED THE SPECIFICATIONS HEREIN REFERRED TO AND WILL PROVIDE ALL EQUIPMENT, TERMS AND SERVICES TO THE CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA. By: Signature of Authorized Representative Date (Corporate seal, if applicable) Print Name and Title of Signatory Company Name Company Ordering Address Company Payment Address Contact: Contact: Contact Email Contact Email Telephone Fax Telephone: Fax CONSOLIDATED GOVERNMENT OF COLUMBUS, GEORGIA Accepted this day of 20 APPROVED AS TO LEGAL FORM: Isaiah Hugley, City Manager Clifton C. Fay, City Attorney ATTEST: Sandra T. Davis, Clerk of Council COMPLETE AND RETURN THIS PAGE WITH SEALED RESPONSE RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 25 of 55 FTA REQUIREMENTS RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 26 of 55 ATTACHMENT 1 FEDERAL TRANSIT ADMINISTRATION (FTA) CONTRACT CLAUSES (Excluding Micro-Purchases, and exceptions as noted within each clause) Revised: June 2022 RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 27 of 55 FEDERAL TRANSIT ADMINISTRATION CONTRACT CLAUSES INDEX 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES ......................................................................... 28 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ...................................... 28 3. ACCESS TO RECORDS AND REPORTS ....................................................................................................................4 4. FEDERAL CHANGES ..............................................................................................................................................4 5. CIVIL RIGHTS LAWS AND REGULATIONS ..............................................................................................................4 6. ENERGY CONSERVATION .....................................................................................................................................6 7. TERMINATION ......................................................................................................................................................7 8. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) ................................................ 10 9. CARGO PREFERENCE REQUIREMENTS .............................................................................................................. 11 10. FLY AMERICA ..................................................................................................................................................... 11 11. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ............................................................................................... 12 12. RECYLCLED PRODUCTS ...................................................................................................................................... 13 13. EQUAL OPPORTUNITY CLAUSE ......................................................................................................................... 14 14. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT 18 15. SAFE OPERATION OF MOTOR VEHICLES ............................................................................................................ 19 16. NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE, OR OTHER LEGAL MATTERS .............................................................................................................................. 19 17. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS ........................................................ 20 RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 28 of 55 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES Applicable to: All contracts. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) 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. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31, 18 U.S.C. 1001 49 U.S.C. 5307 Applicable to: All contracts. (1) 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. (2) 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. (3) 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. Read and initial this page __________ RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 29 of 55 3. ACCESS TO RECORDS AND REPORTS 49 U.S.C. § 5325(g) 2 C.F.R. § 200.333 49 C.F.R. part 633 Applicable to: All contracts. a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, sub-Contracts, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract as reasonably may be required. 4. FEDERAL CHANGES 49 CFR Part 18 2 CFR 200 Applicable to: All contracts. The contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between 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. 5. CIVIL RIGHTS LAWS AND REGULATIONS Applicable to: All contracts. 1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to: a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity. Read and initial this page __________ RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 30 of 55 b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. 2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex. 3. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age. 4. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies. Civil Rights and Equal Opportunity METRA is an Equal Opportunity Employer. As such, METRA agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, METRA agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. 1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: Read and initial this page __________ RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 31 of 55 employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue. 4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 5. Special DOL EEO Clause – Applies only to construction contracts > $10,000 This contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60- 300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 6. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination. 6. ENERGY CONSERVATION 42 U.S.C. 6321 et seq. 49 CFR Part 622 subpart C Applicable to: All contracts. The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Read and initial this page __________ RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 32 of 55 7. TERMINATION 2 C.F.R. § 200.339 2 C.F.R. part 200, Appendix II (B) Applicable to: All contracts greater than or equal to $10,000. Termination for Convenience (General Provision) METRA may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in METRA’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 Agency to be paid the Contractor. If the Contractor has any property in its possession belonging to Agency, the Contractor will account for the same, and dispose of it in the manner Agency directs. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, METRA 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 be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by METRA 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, METRA, 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. Opportunity to Cure (General Provision) METRA, 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 Agency's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency 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 Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that Agency elects to waive its remedies for any breach by Contractor of any cove- nant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract. Termination for Convenience (Professional or Transit Service Contracts) METRA, by written notice, may terminate this contract, in whole or in part, when it is in METRA’s interest. If this contract is terminated, METRA shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, METRA may terminate this contract for default. METRA shall terminate by delivering to Read and initial this page __________ RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 33 of 55 the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of METRA. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, METRA may terminate this contract for default. METRA shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Agency goods, the Contractor shall, upon direction of METRA, protect and preserve the goods until surrendered to METRA or its agent. The Contractor and Agency shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of METRA. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provision of this contract, Agency may terminate this contract for default. METRA shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, METRA may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to METRA resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by METRA in completing the work. The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged with damages under this clause if: 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of Agency, acts of another contractor in the performance of a contract with Agency, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The Contractor, within [10] days from the beginning of any delay, notifies Agency in writing of the causes of delay. If, in the judgment of Agency, the delay is excusable, the time for completing the work shall be extended. The judgment of Agency shall be final and conclusive for the parties, but subject to appeal under the Disputes clause(s) of this contract. 3. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Agency. Termination for Convenience or Default (Architect and Engineering) METRA may terminate this contract in whole or in part, for METRA’s convenience or because of the failure of the Contractor to fulfill the contract obligations. METRA shall terminate by delivering Read and initial this page __________ RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 34 of 55 to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to METRA ‘s Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. Agency has a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials. If the termination is for the convenience of METRA, METRA’s Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, METRA may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by METRA. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Agency Termination for Convenience or Default (Cost-Type Contracts) METRA may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether the termination is for convenience of Agency or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from METRA, or property supplied to the Contractor by METRA. If the termination is for default, METRA may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to METRA and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of Agency, the Contractor shall be paid its contract close- out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a Notice of Termination for Default, METRA determines that the Contractor has an excusable reason for not performing, METRA, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience. Read and initial this page __________ RFB 23-0030 Oil & Lubricants for METRA (Annual Contract) Page 35 of 55 8. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) 2 C.F.R. part 180 2 C.F.R part 1200 2 C.F.R. § 200.213 2 C.F.R. part 200 Appendix II (I) Executive Order 12549 Executive Order 12689 Applicable to: All contracts greater than or equal to $25,000. Debarment, Suspension, Ineligibility and Voluntary Exclusion The Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Nonprocurement Suspension and Debarment,” 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a) Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any