15-16-059 RFP Rehabilitate Trolley Buses

City of Danville, Virginia

PO Box 3300 427 Patton St, Room 304 Danville, Virginia 24543 Danville, Virginia 24541

J. Gary Via, CPPO Phone (434) 799-6528 Director of Purchasing Fax (434) 799-5102 e-mail: [email protected] e-mail: [email protected] ______

Request for Proposals

RFP 15-16-059

“Rehabilitate Two (2), 2005 Freightliner Trolley Buses”

1.0 GENERAL CONDITIONS

1.1 INTENT

It is the intent of this RFP to secure a contractor that is located within 120 miles of Danville, Virginia to complete rehabilitation services of two Freightliner trolley buses as outlined in Section 4.0 Scope of Services.

1.2 DEADLINE

Sealed proposals shall be submitted no later than Wednesday, November 25, 2015 at 5:00 p.m.

City of Danville Purchasing Department 427 Patton Street Danville, Virginia 24541

1.3 GENERAL MEETING

All interested contractors are invited to attend a public meeting to be held at the Danville Regional Airport Terminal Building, 424 Airport Drive, Danville, Virginia at 2:00 P.M. on Wednesday, November 18, 2015. Representatives of the City will be on hand to answer any questions. A review of the trolley buses will also be completed at Danville Transit’s Administrative Maintenance Facility located at 1002 S. Boston Road. This facility is located south of the Danville Humane Society.

1.4 QUESTIONS

Any questions concerning this Request for Proposal should be directed to J. Gary Via, Purchasing Director, at 434-799-6528.

1.5 CODE COMPLIANCE

This procurement process is governed by the “PROCUREMENT CODE OF THE CITY OF DANVILLE, VIRGINIA”. Copies of the Procurement Code may be obtained by writing the City of Danville Purchasing Department, P.O. Box 3300, Danville, Virginia 24543. The City does not discriminate against faith-based organizations.

1.6 EQUAL OPPORTUNITY

During the performance of this contract, the Contractor agrees as follow:

1.6.1 The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor also agrees to post in conspicuous place, available to employees and applicants for employment, notices setting for the provisions for this nondiscrimination clause.

1.6.2 The Contractor also shall not discriminate against any handicapped person in violation of any state or federal law or regulation and shall also post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this additional nondiscrimination clause.

1.6.3 The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal opportunity employer.

1.6.4 Notices, advertisements, and solicitations placed in accordance with federal law, rules or regulations shall be deemed sufficient for the purposes of meeting the requirements of this section.

1.6.5 Will include the provisions of the foregoing paragraphs in every subcontract or purchase order of $10,000 so that the provisions will be binding upon each subcontractor or vendor.

1.7 CONFIDENTIAL INFORMATION

All proposals shall be held in confidence until award.

1.8 ELIGIBILITY

Proposals will only be accepted from contractors who are actively engaged in providing rehabilitative services as called for in the RFP and that are located within 120 miles of Danville, Virginia.

No proposal will be accepted from or contract awarded to any person, firm or corporation that is in arrears or is in default to the City upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligations to said City or had failed to perform faithfully any previous contract with the City.

1.9 VERIFICATION

Contractors will fully inform themselves as to conditions, requirements and specifications before submitting their proposal. Failure to do so will be at the offerors’ own risk and they cannot secure relief on plea of error. Neither law nor regulations make allowance for error of omission or concession on the part of offerors.

1.10 INCURRING COSTS

All costs incurred in the preparation and submission of proposals will be borne by the offeror.

1.11 ECONOMY OF PREPARATION

Proposal documents must be prepared simply and economically, providing a straightforward, concise delineation of capabilities proposed to satisfy the requirements of the RFP. Unnecessarily elaborate brochures or other presentations are not required. Completeness and clarity of content must be emphasized. All brochures, presentation and items submitted in support of proposals will become part of the Contract.

1.12 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn in person by an authorized representative of the offeror or by written notice received at any time prior to the closing date and time specified.

1.13 AMENDMENTS

In the event that an amendment to this solicitation is issued, all solicitation terms and conditions will remain in effect unless they are specifically changed by the amendment. Offerors must acknowledge receipt of such solicitation amendments, to the place designated, and prior to the hour and date specified in the solicitation (as amended) for receipt of offers.

OFFERS THAT DO NOT TIMELY ACKNOWLEDGE RECEIPT OF SOLICITATION AMENDMENTS BY ONE OF THE FOLLOWING METHODS MAY BE REJECTED:

1.13.1 By returning one signed copy of the amendment.

1.13.2 By acknowledging receipt of the amendment on at least one signed copy of the offer that is submitted.

1.13.3 By stating that the amendment is acknowledged in a signed letter that refers to the solicitation and amendment numbers.

1.14 PROPOSALS BINDING NINETY (90) DAYS

Unless otherwise specified all formal proposals submitted shall be binding for ninety (90) calendar days following closing date unless extended by mutual consent of both parties.

1.15 PERMITS

The Contractor shall, at his own expense, secure any business or professional licenses, permits or fees required by the City of Danville or Commonwealth of Virginia.

1.16 TERMINATION

After giving the Contractor seven (7) days written notice, the City may without breach terminate the services of the Contractor at any time and may finish the work by whatever method it may deem expedient.

1.17 FUNDING

These projects are funded in part by a federal and state grant. The selection process will be made in accordance with DOT regulations, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," 49 C.F.R. Part 18. - Federal Transit Administration Circular, 4220.1E.

1.18 MINORITY BUSINESS ENTERPRISES (MBE) ASSURANCES

1.18.1 It is the policy of the Department of Transportation (DOT) that Minority Business Enterprises as defined in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with the federal funds under this agreement. Consequently, the MBE requirements of 49 CFR Part 26 applies to this agreement.

1.18.2 The Contractor agrees to ensure that minority business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard, all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of DOT-assisted contracts.

1.18.3 The Contractor shall comply with all applicable Federal, state and local regulations. These shall include, but not be limited to, Federal Americans with Disabilities Act (ADA).

1.18.4 In the event of any conflict between the requirements of this Specification and any applicable legal requirement, the legal requirement shall prevail

1.19 REQUIRED FEDERAL CONTRACT PROVISIONS

See attachment for additional required provisions that are incorporated in this request and are applicable in any agreement resulting from award.

2.0 CODE & STANDARDS

2.1 The Contractor, its officers, agents, employees and any subcontractors, in the performance of this Agreement shall comply with all applicable statutes and laws of the United States and the Common wealth of Virginia, the Charter and ordinances of the City of Danville, and the applicable rules and regulation of the agencies of each.

2.2 Oral change orders are not permitted. No change in this Agreement shall be made unless the Transportation Services Director gives prior written approval. Therefore, the Contractor shall be liable for all costs resulting from, and/or for satisfactorily correcting, any specification change not properly ordered by written modification to the Agreement.

3.0 BACKGROUND

3.1 The Danville Transit Administrative Maintenance facility is located at 1002 S. Boston Road in the Public Works/Adult Detention complex and is near the Danville Humane Society. The Danville Transit facility is a shared use facility with Danville Public Schools Transportation.

3.2 The Virginia Department of Rail and Public Transportation has awarded federal and state transit grant funds to rehabilitate two, 2005 Freightliner Trolley buses.

3.3 The trolley buses will be rehabilitated one at a time. Each rehabilitation effort should not exceed 3 months to allow the total project to be completed within 6 months.

4.0 SCOPE OF SERVICES TO BE PROVIDED BY THE CONTRACTOR

Minimum Contract Specifications/Elements of Work:

4.1 Upon completion of this project the successful offeror is required to supply in hard copy format within 60 days of award of Agreement, a detailed list including part numbers, description, manufacturer and suppliers name for the paint and components, new and replaced as a result of rehabilitation activities.

4.2 The Contractor is responsible for transporting each bus from Danville Transit’s facility to the contractor’s facility for rehabilitation work and deliver each bus back to Danville Transit’s facility after all work is completed.

4.3 The Contractor shall steam-clean the undercarriage in preparation for inspection and rehabilitation. Areas shall include all structural members, bulkheads, supports and suspension beams. Contractor shall also steam clean all compartments, including battery compartment, steering box compartment, ramp compartment, and other areas where buildup of grease and road debris are present.

4.4 Bulkheads

Inspect rear suspension and repair or replace parts as required. All repairs shall be performed by certified welders, with processes in conformance with OEM specifications and ASME Section IX-92 standards.

New heavy duty mud flaps shall be installed on the bulkhead behind each axle and shall extend downward to a point within three inches (3”) from the ground and width adequate to cover dual wheels in rear and single wheel in front. All fasteners which show wear or corrosion shall be replaced with factory equal.

4.5 Plywood Floor

The plywood floorboards shall be replaced 100% with new plywood. The new plywood shall be in same sizes and dimensions as the original boards; three-quarter inch (3/4”) thick, 5

seven (7) ply, marine grade plywood. The steel framing, i.e.; suspension beams, bulkhead flanges, etc., that secure and support the plywood shall be caulked prior to assembly to eliminate all voids. Caulking shall remain flexible throughout the service life of the bus.

All depressions in the floor surface due to countersinking of fasteners or seams or other causes shall be filled. The floor shall be sanded smooth where required and thoroughly cleaned, before the rubber floor covering is applied.

4.6 Undercoating

All under floor structure shall be undercoated. Exposed plywood floorboards shall be undercoated for each trolley.

4.7 Flooring

Bus flooring for the aisle, passenger seating and driver’s area shall be removed and replaced with new RCA flooring. Flooring options including color to be approved by the City of Danville before material is ordered and installed. The entrance plate, wheel chair ramp, front step treads on trolley, standee marker and exit mat shall be replaced with new material. The flooring shall be sealed at the wheel wells and driver’s platform to prevent water from entering under the flooring. The front step well and wheel housings shall be repaired or replaced as necessary. The wheel housing trim moldings shall be replaced with new moldings.

Flooring material shall also be used to replace existing vertical material that is located adjacent to the upper level driver’s area and connects with the aisle of the floor. Please see image.

4.8 All lettering to be removed from exterior of bus. Re-paint metal driver console with color Consistent with vehicle interior

4.9 Brakes

Service Brakes -— The following parts shall be replaced 100% with new parts: a) Brake rotors b) Friction material/ brake pads c) Wheel bearing cups and cones d) Wheel seals and gaskets (oil type) e) Brake Calipers f) Brake caliper hardware g) Shoe return springs and clips h) Brake chambers and diaphragms i) Brake hoses

Parking Brakes a) Friction material b) The brake drum shall be replaced as required c) The slack adjuster shall be replaced with new d) Brake chamber

4.10 ABS System

a) All anti-lock brake system (ABS) sensors shall be replaced with new and properly adjusted to O.E.M. specifications to the pulse rings on the hubs. b) ABS sensor harness connections are to be weather tight. c) There are to be no modifications made to the ABS harnesses.

4.11. Wheel Hubs

Front Wheel Hubs a) Hubs must be removed, disassembled, cleaned, corrosion removed, and inspected. Hubs with cracks and damage will be replaced with new. b) All wheel studs, lug nuts, and nuts will be replaced with new to O.E.M. specifications and must match the wheel type. c) Dust caps must be replaced with new.

Rear Wheel Hubs • Hubs must be removed, disassembled, cleaned, corrosion removed, and inspected. Hubs with cracks and damage will be rejected and replaced with new. • All bearing cups, cones, seals, nuts, washers, wipers, gaskets, and associated hardware, will be replaced with new. • All wheel studs, lug nuts, axle studs, nuts, lock washers and dowels will be replaced with new to O.E.M. specifications and must match the wheel type.

The following parts shall be replaced 100% with new parts: a) All bearings and races b) All seals c) All gaskets d) All lock rings e) All shims f) Axle studs and cones

4.12 Rear Differential Carrier: The rear differential carrier shall be replaced and warranty provided. Transit System must complete inspection during installation process.

4:13 Steering a) Rebuild Kingpins to factory specifications b) Replace with new Lock rings c) Replace with new tie rod ends d) Replace with new Drag link ends e) Replace Steering Shaft 7

f) Replace Universal joints g) Replace Axle bumpers and all lube fittings h) Replace Idler arm and pitman arm

The steering column must be replaced if needed and parts are available. The horn button and tilt mechanism shall be replaced. All power steering hoses shall be replaced. The power steering filter element shall be replaced.

Align the front steering mechanical to OEM specifications. The alignment must be done utilizing a laser beam system, which also detects rear axle alignment deviations that could cause the bus to dog track. A printout must be provided for each bus, showing the actual steering geometry for the bus.

4.14 Suspension

The following parts shall be replaced 100% with new parts: a) Install new front and rear shock absorbers

4.15 Interior Modifications - Miscellaneous

a) Interior lighting must be replaced with vintage theme oriented globes and lamps, or approved equal, using all original engine manufacturer (OEM) style connectors and fasteners. (specify type of interior lighting, must be approved by the City of Danville before globes and lamps are ordered) b) Provide and install a rear view camera to view behind rear of bus (specify type of rear view camera system, must be approved before camera system is installed). c) Replace and install new Public Announce System and Speakers (specify type, must be approved by the City of Danville before system and speakers are installed) d) Replace the carpet located over the engine compartment with new carpet (specify type, must be approved by the City of Danville before carpet is installed) e) Replace entire vehicle oak interior and refinish to match existing finish. Consists of 120 linear ft. of 2” trim, 80 linear ft. of corner molding, and 32 oak panels. All panels to be lightly sanded and polycrylic finish to be applied. f) Recover two position fold away seat. g) All switch identification plates shall be replaced with new. h) All windows shall be cleaned inside and outside and between the window liners. i) *All interior screws used to secure wood panels to be replaced with brass screws.

4.16 Driver’s Seat

Install new upgraded driver seat, Freedman USSC or equivalent self-contained air type with two armrests.

4.17 Instruments and Driver’s Area

a) All controls, ducts, and sockets, signal indicators, instrument gauges and trolley bell shall be inspected and returned to original configuration and specification. b) Replace entire stop request system to include lit sign. Fold away seat area to be supported by touch tape.

4.18 Doors and Door System

Passenger Doors. - Entrance and wheelchair lift door shall be repaired or replaced as necessary. All door parts are to be repaired or replaced as necessary and adjusted to insure proper operation and sealing of the front and rear doors. Front door motor assemblies to be replaced and limit switches and relays located at the door controller shall be replaced. Replace the front and rear door, upper and lower shaft bearings with new. Bearings, seals and weather strip will be replaced with new.

4.19 Harnesses

a) Main harness to be inspected and repaired as required. b) Secondary engine harness, engine door harness, and engine compartment harness to be inspected and repaired as required. c) Battery and power cables to be replaced with new.

4.20 Defroster

Driver’s heater core to be inspected or replaced as needed. Blower motor to be inspected and replaced as needed. Add fan that blows onto windshield.

Inspect and repair master control valve, cable, and filters as needed.

4.21 Passenger Seating

Refinish seats. New seat bottom and back inserts shall be installed as needed. Seats to be lightly sanded and polycrylic finish to be applied.

Slip cushions to be provided that will cover back and bottom of wood bench seats. (Specify type of cushions to be provided. Cushions must be approved by the City of Danville before cushions are ordered)

4.22 Wheelchair lift

The wheelchair lift to be replaced with new Ricon S Series lift. The wheelchair lift should maintain 1,000 lb. (454 kg) load capacity.

4.23 Exterior - Miscellaneous

a) All wheels must be cleaned, prepped and painted. Bus tires must be reinstalled and balanced on same bus, in the same position that they were removed. b) Inspect all (4) wheel-well rubber wheel-well flare. Functionally damage flares that require replacement shall be replaced. c) All exterior lighting shall be replaced with existing lighting to support painting requirement using all OEM style connectors and fasteners. Metal guards shall be removed from exterior of bus, prepped and repainted. d) Exterior mirrors, (right and left) to be replaced with larger mirrors. Must be approved prior to completion e) Entire roof repaired to prevent leakage f) Chrome housings for headlamps and center light on front of bus shall be replaced or re-chromed. Center light should be operational with headlamps.

4.24 Paint

Exterior of buses shall be painted to match the existing (as is) City of Danville paint and lettering scheme.

The following process is a recommended process only and is to be considered a minimum requirement. The Contractor is required to submit with his proposal, any deviations he may take exception to and explain why he is taking exception to the scope of work.

a) Exterior water leak test of each bus should be completed prior to preparation process begins b) Remove brass poles, exterior lights, and license plates. c) Remove all trolley windows for painting and reseal during installation after painting. Check windows for proper function and repair as necessary d) Remove all lettering, reflectors, decals and sand the entire bus surface with 220-grit sandpaper. Any areas of peeling paint will be sanded to a feathered edge. All chips and scratches are to be sanded smooth with no abrupt edges. e) Primer shall be applied as necessary in areas where bare metal is shown, using DuPont self-etching primer or approved equal over bare metal. Once completed then use two part primer as second coat over self-etching primer or approved equal. f) The bumpers shall be refurbished and painted to match color scheme. g) After body prep, entire vehicle to have automotive sealer applied prior to re-paint . 4.25 Electrical

The alternator shall be replaced with new Leese Neville or approved equal 320 amp Alternator.

4.26 Power Module

a) Replace existing engine to increase engine Horse Power to maximum practical with chassis restrictions. (Genuine Cummins only). Engine removal and replacement will require front axle removal. Work to include all belts, hoses, fluids, etc b) The starting motor is to be replaced with a rebuilt starter. Starter power cables to the starter are to be replaced, ground cable is to be replaced. c) Engine motor mounts to be replaced with new. d) All hoses and lines in the engine compartment are to be replaced with new. Hard copper lines are to be cleaned and inspected. Any bad sections will be repaired or replaced as needed. Engine oil and filters are to be replaced.

4.27 Air Intake System

The air intake system shall be thoroughly cleaned. The air filter canister shall be removed, repaired as required, and painted. Install new air intake filter element. Molded hoses and clamps to be inspected and replaced on an as required basis.

4.28 Allison 2000 Transmission

Replace existing transmission with Allison 2000 series, includes flushing of lines and cooler and fill with synthetic fluid. Transmission should support the Horsepower of the engine The oil cooler shall be inspected and replaced as needed.

4.29 Gear Ratio

Change gear ratio to 5:13. Replace all seals and wheel bearings during ratio swap.

4.30 Radiator

a) Replace and install new Radiator b) All silicone hoses are to be replaced with new and will be changed to stainless constant torque clamps. c) The radiator is to be installed with new rubber shock washers and anti-squeak. d) New fan shroud to be replaced.

4.31 Exhaust System

The exhaust system is to be removed. Exhaust pipes, as well as, all clamps, insulation, grommets, support brackets, and muffler straps are to be cleaned and inspected.

4.32 Engine Compartment a) Engine compartment is to be thoroughly steam cleaned. b) Engine blanket to be replaced.

4.33 HVAC System

a) Remove and replace existing A/C system with 106,000 btu minimum MCC system b) The air conditioning system shall include a rear unit that is totally independent and stand-alone from the front unit. The air conditioning system shall include two (2) stand- alone compressors. Separate controls for each air conditioning unit shall be provided. c) Remove existing under seat heater and replace with minimum 17000 btu heater. d) Add additional under seat heater to L/H side 17000 btu minimum. The heat and defrost system for the driver shall be inspected and replaced as needed to OEM specifications. e) Air conditioning system to include temperature controls that can be adjusted by driver

4.34 Destination SIGN – Curbside only

a) Install digital side destination sign over entrance door. This will require exterior modification to the vehicle for viewing window and modification to the interior for sign installation. b) Curbside sign shall be replaced with amber 8 row by 96 Column Twin Vision exterior viewable sign. This side destination sign shall have no less than 768 LEDs with a display area of not less than 2.8 inches high by not less than 36.3 inches wide.

5.0 CONTRACTOR’S RELATIONSHIP TO THE CITY

5.1 INDEPENDENT CONTRACTOR

It is expressly agreed and understood that the Contractor is in all respects an independent Contractor as to the work and is in no respect any agent, servant, or employee of the City. The contract specifies the work to be done by the Contractor, but the method to be employed to accomplish the work shall be the responsibility of the Contractor.

5.2 SUBCONTRACTING

Contractor may subcontract services to be performed hereunder with the prior approval of the City, which approval shall not be unreasonably withheld. No such approval will be construed as making the City a part of, or to, such subcontract, or subjecting the City to liability of any kind to any subcontractor. No subcontract shall, under any circumstances, relieve the Contractor of its liability and obligation under this Contract; and despite any such subcontracting the City shall deal through the Contractor, and subcontractors will be dealt with as representatives of the Contractor.

5.3 NOVATION

The Contractor shall not assign or transfer, whether by as Assignment or Novation, any of its rights, duties, obligations, liabilities, or responsibilities under this Contract without the written consent of the City; provided, however, that assignments to banks, trust companies or other financial institutions for the purpose of securing bond may be made without the consent of the City. Assignment or Novation of this Contract shall not be valid unless the Assignment or Novation expressly provides that the assignment of any of the Contractor’s rights or benefits under the Contract is subject to a prior lien for labor performed, services rendered and materials, tools and equipment supplied for the performance of the work under this Contract in favor of all persons, firms or corporations rendering such labor or services or supplying such materials, tools and equipment.

5.4 CITY REPRESENTATIVE

Unless provided otherwise elsewhere in this document, the Contract Administrator is hereby authorized to act on behalf of the city as to all matters relating to any Contract and/or services being performed hereunder. The Contract Administrator shall decide any and all questions, which may arise as to the quantity, character and quality of services performed or to be performed pursuant to any contract.

6.0 RESPONSIBILITIES OF THE CITY

6.1 The City designates Marc Adelman, Transportation Services Director to act as its representative with respect to the services to be rendered under any subsequent Agreements. Such person shall have complete authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to the Contractor’s services for the Project.

6.2 Assist the Contractor by placing at his disposal all available information pertinent to the Project; all of which the Contractor may rely upon in performing his services under this Agreement.

6.3 Give prompt written notice to the Contractor whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Contractor’s services.

7.0 INSURANCE/INDEMNIFICATION

7.1 CERTIFICATE OF INSURANCE

Successful vendor shall provide certificate of product liability insurance for a minimum of ten million ($10,000.000.00) dollars. Worker’s Compensation Insurance

as required by code. The City shall be named as an additional insured and provided copies of endorsements,

7.2 The Contractor shall be solely responsible and liable for the accuracy and completeness of all work performed hereunder and hereby agrees to indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, actions, suits and proceedings arising out of, based upon or cause by the negligent acts, omissions or errors of, or the infringement of any copyright or patent, by the Contractor, its officers, agents, employees or subcontractors, in the performance of this Agreement. The approval or acceptance by the City of any work performed by the Contractor, it officer, agents, employees or subcontractors, under this Agreement, or any part of such work, shall neither constitute nor be deemed a release from the responsibility or liability of the Contractor, its officers, agents, employees or subcontractors, for the accuracy, completeness, timeliness and competency thereof, or negligence with respect thereto, nor shall such approval or acceptance constitute or be deemed an assumption by the City of the responsibility and liability for the accuracy, completeness or competency of such work, or any negligence in the performance thereof.

8.0 EVALUATION PROCEDURE

Each proposal will be evaluated based on the following:

8.1 Overall qualifications of the contractor including adequate facilities to complete rehabilitation requirements and test equipment. (30%)

8.2 Proposed approach to completing project (25%)

8.3 The ability of the firm to initiate work and complete this project in a timely manner (15%)

8.4 Price to complete minimum specifications as identified in the scope of services (30%)

9.0 AWARD PROCEDURES

9.1 A selection committee shall review the proposals to determine which contractor would be responsible and responsive and whose proposal would provide the best value to the City of Danville. “Best Value” is a selection process in which proposals contain both price and qualitative components and the award is based upon a combination of price and qualitative considerations.

9.2 The award shall be made subject to the approval of the Virginia Department of Rail and Public Transportation.

9.3 The contractor will be expected to initiate work on the project within seven (7) days of the execution of the contract.

9.4 The City reserves the right to reject any or all proposals submitted, and to waive any informality in the proposals. The right is also reserved to award the contract where it appears to be in the best interest of the City of Danville.

10.0 PROPOSALS What to submit (3 copies required)

10.1 LETTER OF TRANSMITTAL

Limit two (2) pages. Make a positive commitment to perform the required work within the time period requested. Also, give the name(s) of the person(s) who will be authorized to make representation for your firm, their title, and telephone number

10.2 CONTRACTOR EXPERIENCE

Indicate prior experience of your company in performing work of this nature (include references). Provide resumes for key personnel who would be assigned to this project including person(s) overseeing and completing engine and transmission replacement, painting, woodworking and replacement of the heating air conditioning system.

10.3 PROJECT APPROACH

Indicate your understanding as to the scope of the work requested and describe your company’s approach and give specific illustration of the procedures, which will be employed.

10.4 CONDITIONS, EXCEPTIONS, RESERVATIONS AND PROPOSED ALTERNATES

Proposals stating conditions, exceptions, reservations or understandings (hereinafter “deviations”) relating to the RFP may be rejected. Vendors may submit an alternate proposal that states proposed deviations to the minimum contract specifications so long as a second proposal not containing deviations is also submitted. Vendors may propose alternates either within one overall proposal or by submitting more than one proposal.

Request for clarifications, changes, substitutes or approval of items equal to items specified with a brand name should be addressed by completing and submitting Form #1 as identified in the Appendix. Any and all deviations from the contract specifications must be explicitly, fully and separately stated in the proposal by completing Form #2 as identified in the appendix and by indicating at a minimum the specific reasons for each deviation so that it can be fully considered and, if appropriate, evaluated. Any proposal that identifies alternates to the minimum contract specifications shall include a price proposal per Form #3 in the Appendix.

All deviations not found to be unacceptable shall be evaluated in accordance with the appropriate evaluation criteria and procedures, and may result in the Vendor receiving a less favorable evaluation than without the deviation

10.5 TIMELY COMPLETION OF PROJECT

Proposals shall include a manpower availability chart to show the ability of the contractor to initiate and complete the work on this project in a timely manner.

10.6 SPECIAL WORK

Indicate any special work your company perceives as potentially necessary to successfully complete the project.

11.0 PROPOSED PROJECT SCHEDULE

RFP Released November 6, 2015

Proposal Deadline November 25, 2015

Interviews December 2, 2015

Award of Contract December 9, 2015

First Trolley Rehabilitated March 31, 2016

Second Trolley Rehabilitated June 30, 2016

12.0 DELIVERY

12.1 BUS DELIVERY PROCEDURE

Delivery of buses shall be determined by signed receipt of the City of Danville’s designated agent(s) at the following point of delivery: Danville Transit System, 1002 S. Boston Road, Danville, Virginia 24540

12.2 DELIVERY SCHEDULE

Delivery shall be completed within agreed upon timelines of the executed Agreement documents.

13.0 PRE-DELIVERY TESTS AND INSPECTIONS

The contractor shall ensure all quality control inspections are done and sufficient to ensure completion and delivery of the vehicles as specified. The contractor shall ensure the vehicles are visually inspected, road tested and ready for revenue service prior to delivery.

14.0 ACCEPTANCE OF BUS

Within 15 (fifteen) calendar days after arrival at the designated point of delivery, the bus shall undergo City of Danville tests as defined in Section 17. Acceptance Tests. If the bus passes these tests or if the City of Danville does not notify the contractor of non-acceptance within 15 (fifteen) calendar days after delivery the acceptance of the bus by the City of Danville shall occur on the fifteenth day after delivery. Acceptance may occur earlier if the City of Danville notifies the Contractor of early acceptance or places the bus in revenue service. If the bus fails these tests, it shall not be accepted.

14.1 Repairs after non-acceptance

The Contractor or its designated representative shall perform the repairs after non- acceptance. If the Contractor fails or refuses to make the repairs within 5 (five) days,

then the work may be done by the City of Danville’s personnel with reimbursement by the Contractor.

14.2 Repairs by contractor

After non-acceptance of the bus, the Contractor must begin work within 5 (five) working days after receiving notification from the City of Danville of failure of acceptance tests. The City of Danville shall make the bus available to complete repairs timely with the contractor repair schedule.

The contractor shall provide, at its own expense, all spare parts, tools, and space required to complete the repairs. At the City of Danville’s option, the contractor may be required to remove the bus from the City of Danville's property while repairs are being affected. If the bus is removed from the City of Danville’s property, repair procedures must be diligently pursued by the Contractor's representatives, and the contractor shall assume risk of loss while the bus is under its control.

15.0 UNAVOIDABLE DELAYS

If the contractor is delayed at any time during the progress of the work by the neglect or failure of the City of Danville or by a cause described below, then the time for completion and/or affected delivery date(s) shall be extended by the City of Danville subject to the following conditions:

1. The cause of the delay arises after the notice of award and neither was nor could have been anticipated by the Contractor by reasonable investigation before such award;

2. The Contractor demonstrates that the completion of the Work and/or affected delivery(s) will be actually and necessarily delayed;

3. The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay; and

4. The Contractor makes written request and provides other information to the City of Danville as described in "Notification of Contractor Delay" (Section 15.1).

A delay that meets all the conditions of this section shall be deemed an excusable delay. Any concurrent delay which does not constitute an excusable delay shall not be the sole basis for denying a request hereunder.

None of the above shall relieve the contractor of any liability for the payment of any liquidated damages owing from a failure to complete the Work by the time for completion that the contractor is required to pay pursuant to "Liquidated Damages" (Section 16.0) for delays occurring prior to, or subsequent to the occurrence of an excusable delay.

The City of Danville reserves the right to rescind or shorten any extension previously granted, if subsequently the City of Danville determines that any information provided by Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an excusable delay. Notwithstanding the above, the City of Danville will not rescind or shorten any extension previously granted if the Contractor

acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor.

15.1 NOTIFICATION OF CONTRACTOR DELAY

Notwithstanding "Contractor's Delay", no extension or adjustment of time shall be granted unless (1) written notice of the delay is filed with the City of Danville within 14 (fourteen) calendar days after the commencement of the delay and (2) a written application therefore, stating in reasonable detail the causes, the effect to date and the probable future effect on the performance of the contractor under the Agreement, and the portion or portions of the Work affected, is filed by the contractor with the City of Danville within 30 (thirty) calendar days after the commencement of the delay. No such extension or adjustment shall be deemed a waiver of the rights of either party under this Agreement. The City of Danville shall make its determination within 30 (thirty) calendar days after receipt of the application.

16.0 LIQUIDATED DAMAGES

It is mutually understood and agreed by and between the parties to the Agreement that time is of the essence with respect to the completion of the Work and that in case of any failure on the part of the Contractor to complete the Work within the time specified in the agreement, except for any excusable delays as provided in ""Unavoidable Delays" (Section 15.1), or any extension thereof, the City of Danville will be damaged thereby. The amount of said damages, being difficult if not impossible of definite ascertainment and proof, it is hereby agreed that the amount of such damages due the City of Danville shall be fixed at $25 per calendar day per bus not delivered by the agreed upon date.

The Contractor hereby agrees to pay the aforementioned amounts as fixed, agreed and liquidated damages, and not by way of penalty, to the City of Danville and further authorizes the City of Danville to deduct the amount of the damages from money due the Contractor under the Agreement, computed as aforesaid. If the monies due the Contractor are insufficient or no monies are due the Contractor, the Contractor shall pay the City of Danville the difference or the entire amount, whichever may be the case, within 30 (thirty) calendar days after receipt of a written demand by the Transportation Services Director.

The payment of aforesaid fixed, agreed and liquidated damages shall be in lieu of any damages for any loss of profit, loss of revenue, loss of use, or for any other direct, indirect, special or consequential losses or damages of any kind whatsoever that may be suffered by the City of Danville arising at any time from the failure of the Contractor to fulfill the obligations referenced in this clause in a timely manner.

17.0 ACCEPTANCE TESTS

17.1 Responsibility

Fully-documented tests shall be conducted on each bus following rehabilitation to determine its acceptance to the City of Danville. These acceptance tests shall include pre-delivery inspections and testing by the Contractor and inspections and testing by the City of Danville after the buses have been delivered.

17.2 Pre-Delivery Tests

The Contractor shall conduct acceptance tests at its facility on each bus following completion of rehabilitation requirements and before delivery to the City of Danville. These pre-delivery tests shall include visual and measured inspections, as well as testing the total bus operation.

17.3 Inspection – Visual and Measured

Visual and measured inspections shall be conducted with the bus in a static condition. The purpose of the inspection testing is to verify that required components are included and are ready for operation, and to verify that components and subsystems that are designed to operate with the bus in a static condition do function as designed.

17.4 Total Bus Operation

Total bus operation shall be evaluated during road tests. The purpose of the road tests is to observe and verify the operation of the bus as a system and to verify the functional operation of the subsystems that can be operated only while the bus is in motion.

Each bus shall be driven for a minimum of 15 (fifteen) miles during the road tests. Observed Defects shall be recorded on the test forms. The bus shall be retested when Defects are corrected and adjustments are made. This process shall continue until Defects or required adjustments are no longer detected. Results shall be pass/fail for these bus operation tests.

17.5 Post-Delivery Tests

The City of Danville may conduct acceptance tests on each delivered bus. These tests shall be completed within 15 (fifteen) days after bus delivery and shall be conducted in accordance with written test plans. The purpose of these tests is to identify defects that have become apparent between the time of bus release and delivery to the City of Danville. The post-delivery tests shall include visual inspection and bus operations. Buses that fail to pass the post-delivery tests are subject to non- acceptance. The City of Danville shall record details of all defects on the appropriate test forms and shall notify the Contractor of acceptance, conditional acceptance, or non-acceptance of each bus within five days according to "Acceptance of Bus" after completion of the tests.

17.6 Visual Inspection

The post-delivery inspection is similar to the inspection at the Contractor's rehabilitation facility and shall be conducted with the bus in a static condition. Any visual delivery damage shall be identified and recorded during the visual inspection of each bus.

17.7 Road Tests

Road tests will be used for total bus operation similar to those conducted at the contractor's facility. Operational deficiencies of each bus shall be identified and recorded.

17.8 Guide for Inspection

The “actual” acceptance inspection will be a basic visual/performance review, which will be supplemented by requirements learned through the effort of reviewing the first article, and the manufacturers recommended inspection guidelines. The basic inspection will consist of at least the following elements:

• Visual safety inspection • Check/fill fluids • Check for leaks, plumbing routing/clamps • Critical fastener torque • Driving test, performance, shifting, steering • Exterior water leak test • Brake deceleration and retardation

18.0 WARRANTY REQUIREMENTS

Warranties in this document are in addition to any statutory remedies or warranties imposed on the Contractor. Consistent with this requirement, the Contractor warrants and guarantees to the original the City of Danville each complete bus, and specific subsystems and components as follows. The City of Danville requires a minimum one (1) year unconditional or manufacturer standard warranty on parts & labor (whichever is greater) on all other aspects of this rehabilitation. All warranty claims will be directed back to the successful bidder/contractor. If the contractor fails to make repairs within 48 hours after notification by the City of Danville, the City of Danville shall have the right to make those required repairs and invoice the contractor for any material used to include the City of Danville’s cost plus and a 15% parts mark up. Labor will be charged back to Contractor at a rate of $120.00 per man- hour. Contractor shall supply all warranty documentation in a separate binder for each vehicle.

18.1 Propulsion System

Propulsion system components, specifically the Engine and Transmission, shall be warranted to be free from defects for one year or 50,000 miles, whichever comes first.

18.2 Rebuilt Components

Components rebuilt by the Contractor warrants these components to be free from defects for one year, from the date the vehicle is accepted by the City of Danville.

18.3 New Components Any components replaced shall maintain the component manufacturers’ warranty.

18.4 Paint

Contractor warrants that paint shall not have any runs or orange peel effect. Paint shall be free from Defects when delivered. The City of Danville requires a minimum five (5) year warranty on the exterior and interior paint from peeling, fading and workmanship.

APPENDIX

Form #1 - REQUEST FOR PRE-OFFER CHANGE OR APPROVED EQUAL

This form must be used for requested clarifications, changes, substitutes or approval of items equal to items specified with a brand name, and must be submitted by November 18, 2015.

RFP: Rehabilitate Trolley Buses

Company Name:______

Identify Section of RFP related to Pre-offer change or approved equal: ______

Questions/Clarification or Approved Equal:

FORM #2 - IDENTIFY DEVIATIONS TO THE MINIMUM SPECIFICATIONS

The form identified on this page shall be completed to describe each condition, exception, reservation or addition (i.e., deviation) to the minimum contract specifications as identified in Section 4.0 that the vendor would like to reference and include as part of the proposal. Pricing information for related deviations to the minimum specifications should be identified on the following page on the Pricing Sheet, Form #3.

RFP: Rehabilitate Trolley Buses

Deviation #: ______Company Name:______

Completed Description of Proposed Deviation:

Rationale for Proposed Deviation (Advantages/Disadvantages):

FORM #3 - PRICING SHEET

Identify the cost of any proposed deviations from the minimum contract specifications identified in Section 4.0 the RFP. In addition, vendors may also proposed recommended improvements that are not identified in the RFP. Please describe the proposed deviation or modification and mark which bus or buses would receive the rehabilitation work by placing an X under the appropriate bus number.

Work Description of Proposed Deviation or Modification Cost 745 746

Any and all deviations from the Minimum Requirements must also be documented on the deviation form (Form #1).

FTA CONTRACT CLAUSE REQUIREMENTS (1 – 15)

As identified below, third party contract clauses are required for this contract per FTA Circular 4220.1F, 11/01/2008, Revised 04/14/2009. Interested vendors should sign below that they have read and will comply with federal contract clause requirements 1–15 as identified below.

Date ______

Signature ______

Company Name ______

Title ______

1. FLY AMERICA 2. CARGO PREFERENCE 3. ENERGY CONSERVATION 4. ACCESS TO RECORDS AND REPORTS 5. FEDERAL CHANGES 6. RECYCLED PRODUCTS 7. NO GOVERNMENT OBLIGATION TO THIRD PARTIES 8. PROGRAM FRAUD AND FALSE OR FRAUDELENT STATEMENTS 9. TERMINATION 10. GOVERNMENT WIDE DEBARMENT AND SUSPENSION 11. CIVIL RIGHTS 12. DISADVANTAGED BUSINESS ENTERPRISE 13. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS 14. BUY AMERICA 15. ADA ACCESS

1. FLY AMERICA REQUIREMENTS 49 U.S.C. § 40118 41 CFR Part 301-10

Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier’s designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act.

Flow Down Requirements The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance.

Model Clause/Language The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language.

Fly America Requirements The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

2. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 1241 46 CFR Part 381

Applicability to Contracts The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels.

Flow Down The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel.

Model Clause/Language The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA.

Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.) c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

3. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18

Applicability to Contracts The Energy Conservation requirements are applicable to all contracts.

Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier.

Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA:

Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

4. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17

Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"

Flow Down FTA does not require the inclusion of these requirements in subcontracts.

Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language.

Access to Records - The following access to records requirements apply to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts

and transcriptions.

4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection.

5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

7. FTA does not require the inclusion of these requirements in subcontracts.

Requirements for Access to Records and Reports by Types of Contract

Contract Operational Turnkey Construction Architectural Acquisition of Professional Characteristics Service Engineering Rolling Stock Services Contract

I State Grantees None Those imposed None None None None a. Contracts on state pass below SAT thru to None Contractor Yes, if non- None unless None unless None unless ($100,000) 1 unless non- competitive non- non- non- competitive award or if competitive competitive competitive b. Contracts 2 above award funded thru award award award $100,000/Capital 5307/5309/53 Projects 11 II Non State Grantees Those imposed Yes3 on non-state Yes Yes Yes Yes Grantee pass a. Contracts 3 below SAT Yes thru to Yes Yes Yes Yes ($100,000) Contractor b. Contracts above $100,000/Capital Projects

Sources of Authority: 1 49 USC 5325 (a) 2 49 CFR 633.17 3 18 CFR 18.36 (i)

5. FEDERAL CHANGES 49 CFR Part 18

Applicability to Contracts The Federal Changes requirement applies to all contracts.

Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement.

Model Clause/Language No specific language is mandated. The following language has been developed by FTA.

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

6. RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873

Applicability to Contracts The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.

Flow Down These requirements flow down to all contractor and subcontractor tiers.

Model Clause/Language No specific clause is mandated, but FTA has developed the following language.

Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

7. NO GOVERNMENT OBLIGATION TO THIRD PARTIES

Applicability to Contracts Applicable to all contracts.

Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent.

Model Clause/Language While no specific language is required, FTA has developed the following language.

No Obligation by the Federal Government.

(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.

8. 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

Applicability to Contracts These requirements are applicable to all contracts.

Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements.

Model Clause/Language These requirements have no specified language, so FTA proffers the following language.

Program Fraud and False or Fraudulent Statements or Related Acts.

(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.

9. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1E

Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.

Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning.

Model Clause/Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts:

a. Termination for Convenience (General Provision) The City of Danville may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to City of Danville to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Danville, the Contractor will account for the same, and dispose of it in the manner the City of Danville directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Danville may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the City of Danville that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Danville, 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.

c. Opportunity to Cure (General Provision) The City of Danville in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions

If Contractor fails to remedy to City of Danville's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from City of Danville setting forth the nature of said breach or default, City of Danville 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 City of Danville from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that City of Danville elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by City of Danville shall not limit City of Danville's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The City of Danville, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Danville may terminate this contract for default. The City of Danville shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. 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, the City of Danville may terminate this contract for default. The City of Danville 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 Recipient goods, the Contractor shall, upon direction of the City of Danville, protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and City of Danville shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. 33

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City of Danville. h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure 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 provisions of this contract, the City of Danville may terminate this contract for default. The City of Danville shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient 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 the Recipient 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 the Recipient in completing the work.

The Contractor's right to proceed shall not be terminated nor the Contractor 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 the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and

2. the contractor, within [10] days from the beginning of any delay, notifies the City of Danville in writing of the causes of delay. If in the judgment of the City of Danville, the delay is excusable, the time for completing the work shall be extended. The judgment of the City of Danville shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.

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 the Recipient.

i. Termination for Convenience or Default (Architect and Engineering) The City of Danville may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The City of Danville shall terminate by delivering 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 the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process.

If the termination is for the convenience of the Recipient, the 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, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.

j. Termination for Convenience of Default (Cost-Type Contracts) The City of Danville may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the City of Danville 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 the City of Danville, or property supplied to the Contractor by the City of Danville. If the termination is for default, the City of Danville 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 the City of Danville and the parties shall negotiate the termination settlement to be paid the Contractor.

If the termination is for the convenience of the City of Danville, 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, the City of Danville determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the City of Danville, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

10. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103- 355, 108 Stat. 3327).

The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.” 35

Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300.

Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels).

Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification.

Suspension and Debarment

This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City of Danville. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Danville, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

11. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq.

Applicability to Contracts The Civil Rights Requirements apply to all contracts.

Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier.

Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text.

Civil Rights - The following requirements apply to the underlying contract:

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

12. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26

Background and Applicability The newest version on the Department of Transportation’s Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not.

The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d.

Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established.

Disadvantaged Business Enterprises

a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 2%. A separate contract goal has not been established for this procurement.

b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the

38 termination of this contract or such other remedy as the City of Danville deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the City of Danville. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the City of Danville and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.] e. The contractor must promptly notify the City of Danville, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Danville.

13. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1E

Applicability to Contracts The incorporation of FTA terms applies to all contracts.

Flow Down The incorporation of FTA terms has unlimited flow down.

Model Clause/Language FTA has developed the following incorporation of terms language:

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

14. BUY AMERICA REQUIREMENTS 49 U.S.C. 5323(j) 49 CFR Part 661

Applicability to Contracts The Buy America requirements apply to the following types of contracts: Construction Contracts and Acquisition of Goods or Rolling Stock (valued at more than $100,000).

Flow Down The Buy America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. The $100,000 threshold applies only to the grantee contract, subcontracts under that amount are subject to Buy America.

Mandatory Clause/Language The Buy America regulation, at 49 CFR 661.13, requires notification of the Buy America requirements in FTA-funded contracts, but does not specify the language to be used. The following language has been developed by FTA.

Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content.

A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors.

Certification requirement for procurement of steel, iron, or manufactured products.

Certificate of Compliance with 49 U.S.C. 5323(j)(1)

The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R. Part 661.5.

15. ADA ACCESS

Access Requirements for Persons with Disabilities – The Recipient and all Contractors of the Recipient agree to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. SS 12101 et seq.: section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. S 794; 49 U.S.C S 5301 (D); and the following Federal regulations including any amendments thereto:

(1) U.S. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. Part 27;

(2) U.S. DOJ regulations, “Nondiscrimination on the Basis of disability in State and Local Government Services, “ 28 C.F.R. Part 35;

(3) U.S.DOJ regulations, “Nondiscrimination on the Basis of disability by Public Accommodations and in Commercial Facilities, “ 28 C.F.FR. Part 36;

(4) U.S.GSA regulations, Accommodations for the Physically Handicapped 41 C.F.R. subpart 101-19;

(5) U.S. Equal Employment Opportunity Commission, “Regulations to implement the Equal employment Provisions of the Americans with Disabilities Act, “ 29 C.F.R. Part 1630;

(6) Any implementing requirements the FTA may issue

Wherever hereinabove the word ”Contractor” is used, it shall also include the word engineer, consultant, researcher, operator or other entity (governmental, corporate, or otherwise), its successors and assigns as may be appropriate.