8M
Date: September 9, 2025
To: Honorable Mayor and Members of the City Council
From: Kimberly Turner, Transit Director
By: James Lee, Administration Manager | [email protected] Subject: Transit – Approve First Amendment to Contract Services Agreement C2024 -170 with Hometown Manufacturing, Inc. for the Purchase of Rubber Wheel Trolleys.
Expenditure: None.
RECOMMENDATION
Recommendation of the Transit Director that City Council approve the first amendment to contract services agreement C2024-170 with Hometown Manufacturing Incorporated of Crandon, WI, for the purchase and delivery of ten (10) rubber wheel trolley buses and to extend the term to August 31, 2026.
FUNDING
None required.
DISCUSSION
On August 20, 2024 , Your Honorable Body approved a contract services agreement with Hometown Manufacturing Incorporated to manufacture and deliver ten (10) rubber wheel trolleys to serve as the primary vehicles for a new Transit service in Torrance. A prototype vehicle has been delivered and is currently being tested for daily revenue service by the Transit Department.
The remaining nine (9) vehicle s are set to enter production and were originally scheduled for delivery by August 31, 2025. However, due to unforeseen delays with manufacturing supply chains nationally and internationally, the term date will need to be extended to August 31, 2026.
Attachment 1 of this item is the first amendment to Contract C2024 -170 which extends the contract term to August 31, 2026. All other terms and conditions of the contract remain the same.
ATTACHMENTS
1. First Amendment to Hometown Manufacturing Contract - C2024-170
2. C2024-170 Hometown Contract
1 FIRST AMENDMENT TO AGREEMENT (C2024-170)
This First Amendment to Contract Services Agreement C2024-170 (“First Amendment”) is made and entered into as of August 31, 2025 (the “Effective Date”), by and between the CITY OF TORRANCE, a municipal corporation (“CITY”), and Hometown Manufacturing Inc., a Wisconsin corporation (“CONTRACTOR”).
RECITALS:
A. The CITY previously awarded a Contract Services Agreement to the CONTRACTOR to fabricate, assemble and deliver ten (10) gasoline powered trolley vehicles.
B. The CITY utilized options from the State of Georgia’s Department of Administrative Services to procure these ten (10) vehicles.
C. The Agreement entered into was for an amount not-to-exceed $3,061,083.26 ($3,001,062.02 with 2% Project Contingency of $60,021.24, or $306,108.33 per vehicle) with a term of August 20, 2024 to August 31, 2025.
D. Due to unforeseen project delays, the CITY and CONTRACTOR wish to extend the term of the Agreement to August 31, 2026.
AGREEMENT:
1. Paragraph 2, entitled “TERM”, is amended to read in its entirety as follows:
“Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through August 31, 2026.”
2. In all other respects, the Agreement between the CITY and CONTRACTOR is ratified and reaffirmed and remains in full force and effect. //
//
2 ATTACHMENT 1
CITY OF TORRANCE Hometown Manufacturing, Inc.,
a Municipal Corporation a Wisconsin corporation
By:
George K. Chen, Mayor Kristina Pence Dunow, CEO
Hometown Manufacturing, Inc.
ATTEST:
Rebecca Poirier, MMC
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
City Attorney
By:
Jeanne-Marie K. Litvin
Deputy City Attorney
ATTACHMENTS: A. Contract Services Agreement C2024-170
3 CONTRACT SERVICES AGREEMENT
This CoNTRACT SERVICES AGREEMENT ("Agreement") is made and entered into as of August 20,2024 (the "Effective Date"), by and between the CITY OF TORRANCE, a municipal corporation ("C|TY"), and Hometown Manufacturing lnc., a Wisconsin corporation ("CO NTRACTO R").
RECITALS:
A. ClTy wishes to retain the services of an experienced and qualified CONTRACTOR to fabricate, assemble and deliver ten (10) gasoline powered trolley vehicles.
B. CONTRACTOR represents that it is qualified to perform those services.
C. CONTRACTOR provided the CITY with a price proposal for the cost of fabrication, assembly and delivery of ten (10) gasoline powered trolley vehicles. The price proposal is attached as Exhibit A.
D. The CITy requires that all vehicles purchased under this agreement conform to all pertinent Federal Transit Administration's (FTA) Mandatory Contract Clauses. The L¡rt of the FTA's Mandatory Contract Clauses is attached as Exhibit B.
E. The State of Georgia's Department of Administrative Services previously conducted a Request for Proposals in which the CONTRACTOR was found to be eligible to fabricate, assemble and sell trolley vehicles that the FTA has deemed eligible for sale and operation and the United States (agreement no. 99999-SPD-SPD0000212' 0002). The State of Georgia's Department of Administrative Services Agreement No. 9 9 99 9= S F D'S P D OO OO21 2.0002 i s attaeh ed as-Exhibit-G, F. The State of Georgia's Department of Administrative Services has allowed other cities and municipal transit operators nationwide to utilize options from their solicitation to procure vehicles.
G. To save the time and effort needed in conducting its own Request For Proposals, the ClTy requested and was granted permission by the State of Georgia's Department of Administrative Services to utilize their options to purchase ten (10) trolleys.
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100472171.docx
4 ATTACHMENT 2
1 AGREEMENT:
SERVTCES TO BE PERFORMED BY CONTRACTOR
ffiþrovidetheserviceslistedintheScopeofServicesattached as Exhibit A. CONTRACTOR warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.
2. TERM
Unless earlier terminated in accordance with Paragraph 4 below, this Agreement will continue in full force and effect from the Effective Date through August 31, 2025.
3 COMPE SATION
A. CONTRACTOR's Fee.
For services rendered pursuant to this Agreement, CONTRACTOR wilt be paid in accordance with the Compensation Schedule attached as Exhibit A, provided, however, that in no event will the total amount of money paid CONTRACTOR, for services initially contemplated by this Agreement, exceed the sum of $3,061,083.26 ($3,001 ,062.02with 2% Project Contingency of $60,021 .24, or $306,108.33 per vehicle) ("Agreement Sum"), unless othenruise first approved in writing by CITY.
B. Schedule of PaYment.
Provided that CONTRACTOR is not in default under the terms of this Agreement, upon presentation of an invoice, CONTRACTOR will be paid thê fees described in Paragraph 3.4. above, according to the Compensation Schedule. Payment will be due within 30 days after the date of the invoice.
TERMINATION OF AGREEMENT
A. Termination by CITY for Convenience.
1. CITY may, at any time, terminate the Agreement for clTY's convenience and without cause.
Upon receipt of written notice from CITY of such termination for CITY's convenience, CONTRACTOR will:
a. cease operations as directed by CITY in the notice;
b. take actions necessary, or that CITY may direct, for the protection and preservation of the work; and
c. except for work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.
4. 2
20O472171.docx
5 3 ln case of termination for CITY's convenience, CONTRACTOR will be entitled to receive payment for work executed, together with costs incurred by reason of the termination, along with reasonable overhead and profit on work not executed.
Termination for Cause.
1. lf either party fails to perform any term, covenant or condition in this Agreement and that failure continues for 15 calendar days after the nõndefaulting party gives the defaulting party written notice of the failure to perform, this Agreement may be terminated for cause; provided, however, that if during the notice period the defaulting party has promptly commenced and continues diligent efforts to remâOy the default, the defaulting party will have such additional time as is reasonably necessary to remedy the default'
B
2 ln the event this Agreement is terminated for cause by the default of CONTRACTOR, CITY may, at the expense of CONTRACTOR
and its surety, complete this Agreement or cause it to be completed. Any check or bond delivered to the CITY in connection with this Agreement, and the money payable thereon, will be forfeited to and remain the property of the ClW. All moneys due CONTRACTOR under the terms of this Agreement will be retained by clTY, but the retention will not release CONTRACTOR and its surety from liability for the default. Under these circumstances, however, ÇQNTRACTOR and itssurety will be credited with the amount of money retained, toward any amount by which the cost of completion exceeds the Agreement Sum and any amount
authorized for extra services.
Termination for cause will not affect oi terminate any of thè rights of CITY as against CONTRACTOR or its surety then existing, or that may thereãfter accrue because of the default; this provision is in add¡tion to all other rights and remedies available to the CITY under law.
3. c Termination for Breach of Law.
ln the event CONTRACTOR or any of its offìcers, directors, shareholders, employees, agents, subsidiaries or affiliates is convicted (i) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or Subcontract, or in the performance of a contract or subcontract; (ii) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or bus¡ness honesty that currently, seriously, and directly affects responsibility as a public consultant or contractor; (iii) under state or 3OO472171.docx
6 5.
6. federal antitrust statutes arising out of the submission of bids or proposals; or (iv) of violation of Paragraph 19 of this Agreement; or for any other cause CITY determines to be so serious and compelling as to affect CONTRACTOR's responsibility as a public consultant or contractor, including but not limited to, debarment by another governmental agency, then CITY reserves the unilateral right to terminate this Agreement or to impose such other sanctions (which may include financial sanctions, temporary suspensions or any other co¡ditio_n deemed appropriate short of termination) as it deems proper. CITY will not take action until CONTRAC]On has been given notice and an opportunity to present evidence in mitigation.
FORCE MAJEURE
@erformitsobligationsbecauseofstrikes,lockouts,labor
dispútàs, émbargoes, acts of God, inability to obtain labor or materials or reasonable subsiitutes for labor or materials, governmental restrictions, governmental regulations, governmental control, judicial orders, enemy or hostile iouurr1*"ntal aciion, civil cômmotion, fire or other casualty, or other causes [eyond the reasonable control of the party obligated to perform, then that party's f"rfor*"nce will be excused for a period equal to the period of that cause for failure to perform.
7,
RET ONOFF UNDS
CONTRACTOR authorize s CITY to deduct from any amount payable to CONTRACTOR (whether or not arising out of this Agreement) any amounts the payment of which may be in disPute or that are necessary to compensate CITY for any losses, costs, liabilities, or damages suffered by CITY, and all amounts for which CITY may be liable to third Parties, by reason of CONTRACTOR's acts or omissions in Performing or failing to Perform CONTRACTOR's obligations under this Agreement ln the event that anY claim is made by a third partY, the amount or validitY of which is disputed bY CONTRACTOR, or any indebtedness exists that aPPears to be ihe basis for a cláim of lien , CITY may úithhold from any payment due, without liabilitY for interest because of the withholding, an amount sufficient to cover the claim. The failure of CITY to exercise the right to deduct or to withhold will not, however, affect the obligations of CONTRACTOR to insure, indemnify, and protect CITY as elsewhere provided in this Agreement.
CITY REPRESENTATIVE
r,isdesignatedasthe..CityRepresentative,''
authorized to act in its behalf with respect to the work and services specified in this Agreement and to make all decisions in connection with this Agreement.
Whenever approval, directions, or other actions are required by CITY under this Agreement, ihose actions will be taken by the City Representative, unless oi-henruise stated. The City Manager has the right to designate another City Representative at any time, by providing notice to CONTRACTOR' 400472171.docx
7 8 CONTRACTOR REPRESENTATIVE(SI
@át(s)otcoNTRAcToRaredesignatedasbeingthe
principal(s) ãnd represerìtative(s) of CONTRACTOR authorized to act in its benali with r""pect to the work specified in this Agreement and make all decisions in connection with this Agreement:
Donovan Hickman - National Sales
Dustin Pence - COO/Production Manager
I I NDEPENDENT CONTRACTOR
timeswillremainastoclry,awhollyindependent
contractor. Neither CITY nor any of its agents will have control over the conduct of CONTRACTOR or any of CONTRACTOR's employees, except as otherwise set forth in this Agreement. CONTRACTOR's agents and employees are not and shall not be consldered employees of CITy for any purpose. CONTRACTOR may not; at any time or in any manner, represent that it or any of its agents or "rþloy""r
are in any manner agents or employees of Cl1y. CITY has no duty, ouligaiion, or responêiuitity to CoNTRACTOR's agents or employees under the AffJrdable Care Act. CONTRACTOR is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act and any other liabilities, claims and oOtigaiions regarding compliance with the Affordable Care Act with respect to COñfnnCTOR's agents and employees. CITY is not responsible and shall not be held liable for CoNTRACTOR's failure to comply with CoNTRACTOR's duties, obligations, and responsibilities under the Affordable Care Act. CONfRACTOR agrees to defend, indemnify and hold CITY harmless for any and all taxes and pénafties that may be assessed against CITY as a result of CóNfnnCTOR's obligations under the Affordable Care Act relating to CONTRACTOR's agents and employees.
10. BT.|SINESS LICENSE
CONTRACTOR must
11. 12. FAMI TY WITH WORK
By executing this Agreement, CONTRACTOR warrants that CONTRACTOR (a) has thoroughly investigated and considered the scope of services to be performed , (b) has carefullY considered how the services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services required under this Agreement. lf the services involve work upon anY site, CONTRACTOR warrants that CONTRACTOR has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencem ent of the services set forth in this Agreement. obtain a City business license prior to the stãrt of
under this Agreement, unless CONTRACTOR is qualified for an exemption 9:|HER LICENSES AND PERMITS
ffintsthatithasallprofessional,contractingandother
permits and licenses required to undertake the work contemplated by this Agreement.
00472171.docx 5
8 Should CONTRACTOR discover any latent or unknown conditions that will materially affect the performance of the services set forth in this Agreement, CONTRACTOR must immediately inform CITY of that fact and may not proceed except at CONTRACTOR's risk until written instructions are received from CITY
13. CARE OF WORK
ffiustadoptreasonablemethodsduringthetermofthe
Agreement to furnish continuous protection to the work, and the equipment, mãterials, papers, documents, plans, studies and other components to prevent losses or damages, and will be responsible for all damages to persons or property, until aðceptance of the work by CITY, except those losses or damages as may be caused by CITY's own negligence.
14. c CTOR'S ACC OUNTING RECORDS: OTHE PROJECT
Records of CONTRACTOR's time pertaining to the project, and records of accounts between CITY and CONTRACTOR, will be kept on a generally recognized accounting basis. CONTRACTOR will also maintain all other r"coids, i ncl ud ing without limitation, specifications, d rawi ngs, prog ress reports and the like, relating to the work and services identified in Exhibit A. All records will be availabfe to Ó1ry during normal working hours. CONTRACTOR will maintain these records for three years after final payment.
15. INDEMNIFICATION
ffiindemnify,defend,andholdharmlessclw,theSuccessor
Agency to the Former Redevelopment Agency of the City of Torrance, the City Cóuncil, each member thereof, present and future, members of boards and commissions, their officers, agents, employees and volunteers (collectively "City Affiliates") from and against any and all liability, expenses, including defense costs and legal fees, ánd claims for damages whatsoever, including, but not limited to, thóse arising from breach of contract, bodily injury, death, personal injury, property damag-e, loss of use, or property loss however the Same may be cáut"d and regárdles-s of the responsibility for negligence. The obligation to indemnify, defend and hold harmless includes, but is not limited to, any liability or exp"nr", including defense costs and legalfees, arising from the negligent acts orbmissions, or w¡lltul misconduct of CONTRACTOR, its officers, employees, agents, subcontractors or vendors. CONTRACTOR's obligations to indemnify, OéfenO and hold harmless will apply even in the event of concurrent negligence on the part of City Affiliates, except for liability resulting solely ttoq !!" negligence or wiliful misconduct of City Affiliates. Payment by CITY is not a "oñOl-t¡on
precedent to enforcement of this indemnity. ln the event of any dispute between CONTRACTOR and CITY, as to whether liability arises from the sole negligence of city Affiliates, CONTRACTOR will be obligated to pay for the ¿eíeñse of City Affiliates until such time as a finaljudgment has been entered adjudicating City Affiliates as solely negligent. CONTRACTOR will not be .ni¡tted in tñe event of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.
600472171.docx
9 17.
16. NON-LIAB ILITY OF CITY OFFIC AND EMPL OYEES
No officer or emploYee of CITY will be personally liable to CONTRACTOR, in the event of any default or breach by the CITY or for any amount that may become due to CONTRACTOR.
INSURANCE
Ã.c RACTOR and its subcontractors must maintain for the duration of the Agreement at their sole expense the following insurance, which will be full coverage, not subject to self insurance provisions:
1. Autõmobile Liability, including owned, non-owned and hired vehicles, with at least the following limits of liability:
a. Primary Bodily lnjury with limits of at least $500,000 per person, $1,000,000 per occurrence; and
b. Primary Property Damage of at least $250,000 per
occurrence; or
c. combined single limits of $1,000,000 per occurrence.
Z. Commercial General Liability including coverage for premises, products and completed operations, independent
contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least $2,000,000 per occurrence, $4,000, 000 agg regate'
3. Workers' Compensation coverage as required by the Labor Code of the State of California and, if workers' compensation is required, employer's liability insurance with minimum limits of $1,000,000 per occurrence or occupational illness. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the clTY for all work performed by the CoNTRACTOR, its employees, agents and subcontractors'
B. The insurance provided by CONTRACTOR will be primary and non- contributory.
C. ClTy, the Successor Agency to the Former Redevelopment Agency of the City of Torrance, the City Council and each member thereof, members of boãrds and commissions, every officer' agent, official, employee and volunteer must be named as additional insureds under the automobile and general liabilitY Policies.
D. CONTRACTOR must provide certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) indicating applopiiate coveåge, to tñe City Clerk of the City of Torrance before the commencement of work.
7oo472171.docx
10 18.
E. Each insurance policy required by this Paragraph must contain a provision that no termination, cancellation or change of coverage can be made without notice to the CITY.
F. lf the CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by the CONTRACTOR. Any ãvailable insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.
G. The procuring of insurance shall not be construed as a limitation on liability nor
"õ
full performance of the indemnification provisions of the CONTRACTOR.
H. CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of sã¡O CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
CoNTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the CIJ! has received a waiver of subrogation endorsement from the insurer.
l. Self-insured retentions must be declared to and approved by the CITY.
The ClTy may require the CONTRACTOR to provide proof of ability to pay losse" and reiated investigatìons, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY'
SUFFICIENCY OF INSURERS .I I ,.. ,
ement will be satisfactory only if issued by
companies admitted io do business in California, rated "4" or better in the most ,.""unt edition of Best's Key Rating Guide, and only if they are of a financial category Class Vll or better, unless these requirements are waived by the Risk l¡ãnägér of ClTy ("Risk Manager") due to unique circumstances. ln the event the RËt Manageràetermines ihat the work or services to be performed under this Agreemeni creates an increased or decreased risk of loss to CITY, the CONfRACTOR agrees that the minimum limits of any insurance policies or p"rrorr"nce bond-s required by this Agreement may be changed accordingly lpon receipt of written notice from the Risk Manager; provided that iOrufnnifOn will have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of CITY within 10 days of receipt of notice from the Risk Manager'
IoO472171.docx
11 19. CON OF INT REST
No officer or employee of the CITY may have any
or indirect, in this Agreement, nor may any officer
20. A.
in any decísion relating to the Agreement that affects the officer or employee's financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to aCcept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
NOTICE
n. ntt notices, requests, demands, or other communicationS under this Agreement will be in writing. Notice will be sufficiently given for all purposes as follows:
1. Personal delivery. When personally delivered to the recipient, notice is effective on delivery.
First Class mail. When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three mail delivery days after deposit in a United States Postal Service office or mailbox.
Certified mail. When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight delivery. When delivered by an overnight delivery service, charges prepaid or charged to the Sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service.
Facsimile transmission. When sent by fax to the last fax number of the recipient known to the party giving notice, notice is effective on receipt. Any notice given by fax will be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non-business daY.
financial interest, direct
or employee participate
B
2 3
4 5
oOA472171.docx
12 6 Addresses for purpose of giving notice are as follows:
CONTRACTOR: Flometown Manufacturing, lnc'
750 lndustrial Park WaY
Crandon, Wl 54520
Fax: (715) 478-5095
21. 22.
23. 24.
CITY: CitY Clerk
City of Torrance
3031 Torrance Boulevard
Torrance, CA 90503
Fax: (310) 618-2931
B. Any correctly addressed notice that is refused, unclaimed' or undeliverable because of an act or omission of the party to be notified, will be deemed effective as of the first date the notice was refused, unclaimed or deemed undeliverable by the postal authorities, messenger or overnight delivery service.
C. Either party may change its address or fax number by giving the other party noticä of t'he chañge in any manner permitted by this Agreement.
PROHIBITION AGAINST ASSIGNMENT AND SUBCONTRACTING
are binding on the heirs, successors, and
assigné of the parties. The Agreement may not be assigned or subcontracted by eithðr clTy or boNtRRCToR without the prior written consent of the other.
INTEGRATION: AMENDMENT
e entire understanding of CITY and
CONTÉACTOR at to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Á!r""*"nt. ine Agreemeñt may not be modified or altered except in writing signed by both Parties.
INTERPRETATION
ffireementshouldbeconstruedinaccordancewiththe
meaning of the tang"uage used and should not be construed for or against either party by reason otilre ãuthorship of this Agreement or by any other rule of construction that might othenryise apply. To the extent that the terms of the Scope of Services o-r the Proposal are inconsistent with the terms of this Agrèement, the terms of this Agreement shall control.
SEVERABILITY
rffiAgreementisfoundtobeinconflictwithapplicablelaws,that part witt be inoper"iiu", null and void insofar as it is in conflict with any applicable iu*r, but the remainder of the Agreement will remain in full force and effect.
O0472171.docx 10
13 26
27 28
25. 29.
30 31.
32. TIME OF ESSENCE
Ttrne is of the essãnce in the performance of this Agreement.
GOVERNING LAW: JURISDICTION
tereãandinterpretedunderthelawsoftheState
of Calilornia. Jurisdiction of any litigation arising from the Agreement will be in Los Angeles CountY, California.
GoMPLIANCE WITH STATUTES AND REG.ULATIONS
ãble of and will comply with all applicable
federal, state, county and city stãtutes, rules, regulations, ordinances and orders'
WAIVER OF BREACH
@theexerciseofanyrightorremedybyanondefaulting
party on ,ny default will impair the right or remedy or be construed as a waiver. n pãrty't consent or approval of any ac! by the. other party requiring the first p".ty'r consent or approvalwill not be deemed to waive or render unnecessary îrr. ótfr"r party's consent to or approval of any subsequent act. Any waiver by either pariy of "ny
default must 6e in writing and will not be a waiver of any other defauli coñcerning the same or any other provision of this Agreement.
ATTORNEY'S FEES
@rinParagraph15,inanydispute,litigation,arbitration,or
othei procåeding by which one party either seeks to. enforce its rights under this Agreement (wnetnér in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party will be awarded reasonable attorney's feesl together with any costs and expenses, to resolve the dispute and to enforce any judgment'
EXHIBITS
All
".h'tb,ts
identified in this Agreement are incorporated into the Agreement by this reference.
c AU TY
The persons executing this Agreement on behalf of CONTRACTOR warrant that (i) CONTRACTOR is dulY organized and existing; (ii) they are duly authorized to execute this Agreement on behalf of CONTRACT OR; (iii) by so executing this Agreement, CONTRACTO R is formally bound to the provisions of this Agreement; and (iv) the entering into this Agreement does not violate any provision of anY other Agreemen t to which CONTRACTOR is bound.
PUBLIC RECORDS ACT
A@ by the CONTRACTOR; all information obtained in
coñnection with the CITY's right to audit and inspect the CONTRACTOR's documents, books, and accounting records pursuant to paragraph 14 Contractor's Accoúnting Records;bther Project Records; become the exclusive p.pàtt' of the City. Aisuch documents become a matter of public record and 00472171.docx 11
14 Docusign Envelope lD: 3598F805-46F5-4C04-8895-3DBAD7C2D4AD shall be regarded as publ¡c records. Exceptions w¡ll be those elements in the California Government Code Section 7920.000 et seq. (Public Records Act) and which are marked 'Trade secret", "confidential", or "proprietary". 'The CITY shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked, if disclosure is required by law, or by an order issued by a court of competent jurisdiction. ln the event the CITY is required to defend an action on a Public Records Act request for any of the aforementioned documents, information, books, records, and/or contents of a proposal marked 'Trade Secret', "confidential", or "proprietary", the CONTRACTOR agrees to defend and indemnify the CIW from all costs and expenses, including reasonable attorney's fees, in action or liability arising under the Public Records Act.
CITY OF TORRANCE,
a municipal corporation
Slgned by:
Geo
ATTEST:
Qr^t-t -
City Clerk
APPROVED AS TO FORM:
PATRICK Q. SULLIVAN
Ci$ Attorney
Hometown Manufacturing, lnc.,
a Wsconsin corporation
Kirstina
Hometown Manufacturing, lnc,
Price Proposal
FTA Mandatory Contract Clauses
State of Georgia's Department of
Administrative Services Agreement
No. 9999-5 P D-S P D 0000212-0002
by:
by:
-Slgnedby:
I U^æ. \i.oo'l' G:*
J e n n ¡FuËëiltënG uerre ro
Deputy City Attorney
Attachments: Exhibit A
Exhibit B
Exhibit C
Rev. 0424
00472171.docx 12
15 EXHIBIT A
SCOPÊ OF SERVICES
[Io be attachedl
16 Exntetr A
7 /16/2024Price Quote 2024 Created for: City of Torrance, CA Transit QUOTE # 06624DH-O2James LeeCUSTOMER NAME:
t7-2L
CAFLFG - Carriage 178 - FORD 8450 7.31
GASOLINE LOW FLOOR WITH KNEELING
174'ttlÙ.OO
$272,873.82
2,728,
Customer has secured in financing2,728,238.2Os
(25%l is due at time of Placing Purchase Orders
is due at time of pick up or delivery.2,728,238.2Os
x * Customer is responsible for all toxes qnd licensing requirements** Address 3031 T0rronce BlvdCity of Torronce CACompany
Torronce CA 9050iCity, St, ZipJomes LeeContact Name
Phone -î0i8T6e24noger -AdminTransit MaT¡tIE
FaxJameslee@torranceca. govEmail
Date:Title Datel 7 /1.6/2024Title: President
Notes/Commentsl
QUOTE Page 1
17 7 /1.6/2024Price Quote 2024 Created for City of Torrance, CA Transit QUOTE # o6624DH-02James LeeCUSTOMER NAME
Each QTY ExtensionPart# | Description
OPTIONS
HO38O - LOW-FLOOR WITH KNEELING CONTIGURATION
HO220' SPARE TIRE/WHEEL 16'' SHIP LOOSE
Electrical Options:
StandaTd - STANDARD WIRING WITH PRINTED WIRE
EIOOSO- DRIVER FAN, EACH
ELO2OO - INVERTOR FOR 110v OUTLET (USED FOR DECORATIVE LIGHTING) E10180 - ALTERNATOR 280 AMP ALTERNATOR ( tord)
AUDIO VIDEO OPTIONS:
Standard AM/FM/CDIIPOD/USB WITH 8 SPEAKERS REI 6000D
AVO120 PAGE SYSTEM W/ 4 SPEAKERS
AVOlOO. PAGE, SPEAKER EXTERIOR (EACH}
AVO38O. PRE WIRE CAMERA SYSTEM TO TORRANCE SPEC CABLES PROVIDED BY CUSTOMER AVO280 - REI SWITCHBOX HARDWIRED TO 20" tCD FLAT SCREEN MONITOR / USB and DVD AVOO2O - ADDITIONAL MONITOR, 20,' LCD FLAT SCREEN
Options:
Standard - FLOORING ALTRO TRANSIT
OPTIONS
S 12,873.60
5 641,.2s
1,282.50
1,340.82
675.00
83s.00
1,086.75
622.O0
519.75
324.O0
3,375.00
3,780.00
275.00
1,885.00
838.s0
1,053.00
438.15
54.00 1,,271,.O0
648.00
5 5
5 s
s
5 s
5 s
5 5
5 5
5 5
s
s
s
s
5 5
s
5 5
5 5
5 s
5 5
5 1,
-1,
1 2
1 1
I
1 1
1 1
1 I
1 1
1 1
1 1
1,
1 1
1_
1 2
1 2
2 1
1 1
L
1 5
5 5
5 s
5 s
5 s
5 s
s
5 s
s
5 s
5 s
5 s
5 $
s
s
5 s
s
s
s
$
1.2,873.60
641,25
r,282.50
1.,340.82
675.00
83s.00
1,086.75
622.0O
519.75
324.00
3,375.00
3,780.00
275.00
1,885.00
838.50
1,0s3.00
877.50
108.00
1,27r.00
648.00
243.00
HC0010
HC0170
HC0120
RTAR HANGING AC SYSTEM IOO,OOO BTU
PASSENGER AREA HEATER 65,000 BTU
HEAT CIRCULATION PUMP
rior Options
Standard - STANDARD STRAIGHT STEEL BUMPER
EXOOSl - OPEN AIR SECTION INCLUDES RAIN CURTAINS AND GUARD RAILS. 3 WINDOW PAIR EXOO6O- WINDOW INSERTS FOR OPEN AIR AREAS . 3 WINDOW PAIR EXO112 - LED HEADTIGHTS
EXO230 - CUSTOM MOUNT ON FRONT BUMPER FOR SPORTSWORKS 2 POSITION BIKE RACK EXO235 . FRONT & REAR WHEEL SKIRTS
Paratransit Options:
ADAO4O - LIFT, PACKAGE BRAUN RA 3OO RAMP ( LOW FLOOR ONLY ) ADA221. - DUAL CHIME SIGNAL, PASSENGER STOP REQUEST BULKHEAD MOUNTED ADA24O. 2 POSITION FLIP SEAT PERIMETER FOLD UP WITH WOOD STATS ADAzOO Q,STRAINT SLIDE-N.CLICK { EACH POSITION)
ADAZ8O - STORAGE BOX FOR BELTS - HOLDS 1 SETS
ADA160. PUSH BOTTOM STOP REQUESÏ
Safety Options:
540180 - DRIVERS STANCHION, w/LEXAN MODESTY BARRIER
SAO225. BACK UP CAMERA- COLOR MONITOR
5AOO4O. ESCAPE HATCH STANDARD VENT MODEL (TRANSPEC)
lnterior Options:
Srandard - OAK INTERIOR WITH TRIM
INO180 - OAK AD CARDHOLDER J.RAIL BOTH SIDES
QUOTE
243.00
18 7 /16/2024Price Quote 2024 Created for: City of Torrance, CA Transit 06624DH-O2quoTE #James LeeCUSTOMER NAME:
I NSTALLATION COMPTETED BY
Sìandãrd - STAINLESS HANDRAILS HORIZONTAL AND ENTRY
INO34O - NEW VIEW ROLLUP BLINDS FOR DRIVER AREA (EACH}
INO38O - OAK BROCHURE RACK 20,'X 24"
lN0O20 - DRIVER'S COAT HOOK w/TlE BACK
INO24O - LEATHER GRAP STRAPS
Graphics Options:
Standard - 2 Tone PPG Paint and HT Stripe Package (stock vinyl colors only) Fare Collection Options:
FCDO71 - PRE WIRE FARE BOX PER TORRANCE TRANSIT SPEC
FCDl70. CLEVER DEVICES BUS GPS/AVL/APC SYSTEM - TORRANCE SPECS' CD PER CD RËQUEST
s
5 s
s
5 s
384.75
202.50
20.25 74.25
36,830.00
3,5s7.50
1,687.50
225.45
3,476.25
6,547.50
7,945.00
1 1
1 1
10 s
s
5 )
s
5 384.75
202.50
20.25 -t42.SO
36,830.00
1,
5 )
t
1 s
5 TCDOSO, HANOVER tED DESTINATION SIGN WSOFTWARE AND CONTROL (SYSTEM INCLUDED FRONT LED 5IGN, PROGRAMING CONTROTLER PAD, SOFTWARE)
FCDlOO. HANOVER LED EXTRA DESTINATION SIGN
Passenger Seating Options:
Standard - V¡ntage style seats with oak slats (per double seat) TROLLEY SEO120. VINYLSEAT CUSHIONS TULL SET BACK AND BOTTOM 37.' FUtL LENGTH Driver Seating Options:
DRSO6O. RECARO EGRO AIR SUSPENSION SEAT -BLACK VINYL
Extended Warranty Options
WTYO2O - FORD EXTENDED WARRANTY 5 YEAR / 15O,OOO MILES
Delivery Options
DLVO2O - MANUFACTURER SCHEDULED DELIVERY
5 5
5 5
q
s
5 '1,
1 1
1 T
'1,
s
5 s
s
5 s
s
3,557.s0
1,687.50
1,2 2,705.40
3,476.25
6,547.5O
7,945.00
s 98,553.82Total Options
QUOTE Page 3
19 EXHIBIT B
LIST OF MANDATORY FEDERAL TRANSIT ADMINISTRATION CONTRACT CLAUSES* * Note - Not all clauses will pertain to this agreement but all are being listed to ensure compliance.
À THIRD PÀRTY CÐÍ'{TRÀCT pR0vl5lÕf'ts
{errluding tlìicrÕ-pu.rchås4r, €x.êpt Dåvig.g*cÕn røquirÉmÈilt! åpply l.$ cor:tråctr ÊÌcÈ.Ëdtng 52,000} Note: The SpeCial !tÐ Clau:e for CanStruction ic now 3hû9ún gfi nêxt page under "Con5tructión Activ¡ties" for all contracts.
[{MillEt{rs
MÂSTÈA ÅúRTÉMË'TT
REFEREHCE
{beæd oa tà MÂl3S} 11-å-rú14
Àll f T,{ ¡\$irted Third {:orilrâÈl} âhd 5ub{ÈnlHctr
No Fc$cml {ìlr"mrmt-n Ûbligali*ns
to Third Purti¿s (UEc rrf TJisclaimr'ri ç lil]
ü¡i¡¿ sr É:r¡u,lulcnr StafÉ¡rêlirl$ ùr
l]tnìnu * Cil'i! and Crill¡i:¡rnl FmurJ
-,.s'l.c
¡\cr-sss t¡: Thirrl Pâfty CÕrh¡{t
Rcordr ! ló.s
ChrnBÈi to F*draì Rcquircmrrrs ,i.3.j-ilì
trquaì [nrplrrynrcnt Ctt?t¡rtuni ry
{r:rcc.pl sprnid fJÕL cütl\ùÌlctioll
clauscl )
! 12
Ilissdlrnragcd Bui.rr:sr Er:{cr¡uisr:
I lllì[:r)
Cúntãrt BÈ,srd(d cxt lhr bo:iE tlf ¡
lrid'nrtrn<xrl o{Tcriltr t¡ usc Dtllis I l?.c
hL orïüsrion ül- F:f A T*nns ft'¡ FFr\ t: .121Ù.1f * l{ril PrüìIf fåìTænl .19 l-.'IjR 2fr.l9
l¡lchibiù on ¡ n Ccrlai¡t
f riæ¡o:municatioü9 ¡lauiDtt¡Èil
I LtFn 2Ð{1.:ló
t-Åri 5?-to+?,1
¿\nx ¡dx. Flxtæding I I ll'€00
Tennin¡tiñrs .l ll mdê 16.d.{f)
¡)ÈbÈnnÊr¡t ¡n¡l Suqrerui¡n .A,rvurds upe*dinç 5li.{xrt $ {.h ìiùtócc tù F-T. ar¡d U. S- DOT
kr3pr*-tû çëb€r¡'l lrf tnsrc. h¿rd,
shu*. -
¡lrvards r¡cccding i? J.üX) r i!l{tr)
I-obb1,ing Å*'¿rds c¡rr*ding 3l ttü.tÏlll I 4.c gr.! i; l{'.dil!} Å*'¡ rdr F,a$ù'dlng the Sim plilicrl .4,cq Eisit¡ùo f }resb¡rl¡l I S2El'DBlli Rr:rrlutiur *i llisputcs, llr*rr:lrr:; cr
ütl¡cr Litigrt!n:¡ È3r
Añ*rdr llrrmding 3l5Il,{}M b1 Staturt
flÌÉn,4ir 42 U.S.c- 74{11-?ti?lq { r ó.ú(ii
CIL*sr \TtrrY .i :ì Lr.s.{: t25 l - l-ls. t 16.d.(7)
Bny ,tnrcrira
1\"br:n trrryiblr pr**nT ùr t*bl:flidll.s
rvill bt acquircil flx tl¡rr'¡Ìrrld lì¡r
spFliràbÍlity. is no longcr dtd 1r: rhc
sin:plrficrì aequisiric'rr lhr('tlxrli! ll !r
qrârût{ìrilv lixnl rrr.d? l.:.s.t- .
d 15-¡ utd tr
t
20 EXHIBIT B
THIRû PA.RTY CONTRÂ{T PRûV|SiOHS {Contlnuedl
{excluding ffi¡cro-purchase!, Êxeept Davìs-Þacon requirernents apply tt contrâ'cts exceeding S2,¡30O1
PftôVülü}l .'. :
.l
MAS]TËE ÀGßTTMEI'¡T
REtrRE¡I{€
lbaced õn fÅ MÂl3ftì 11"1-?0221
Trar¡rport of Prüperty ûr PersÕns
fa:go Pæfrercc lYher d'qüsiúg tßTÞ:.t! !u:ít:b& f6
r¡ìi.hûl hT nLls tctsl- { l5.t
F¡.^ñrti¡
lVbcl por¡err,v u T{rml ¿N |tsvtùrtÈd
b¡'rir t':tswn l.i.1i. :ad lirrui¡:n
¡I$lirelion\ ù6 brt¡rc,:ñ IoreigÞ l!ì!¿1¡Jßt.
I t-r.d
Constr{rçt¡ûn Artþitiêt
C¡Bmrtißtr EEFbyæ r}ohcli{sr
- fJ¡rl<-triaøa Aa
Ê'úr rùdt¡arù É.\.ètlmg !1.O{I-.l. { r.5.J.1n}
Coromrtion Émplo}æ P'otc.liÞrrr
- [:Eßl@t1t/trt ]ll)g&
'ãf€lï
Sbd!¡d$ itct
FС crþlr¡rit È¡drsl¡¡g 5 lS{.D¡x}.
{1ù.lB nlTur ôl'FsdÈnl t¡¡s¡al
!\*¡ÉÉ!fiñl h¡, mt ¡dÞFl¡rl ¡bc F'qR
rl¡m* !,1 t I ! t5l).0úì) rirnpli fìe<i
¡cquìlniÞ t¡nshold tl¡Èllrd.
;! ltí.d.15!
L'ororuction f,rployæ llotcrlimr
.. Sec. I CoF¡.1¡od,tr¡ti^
lûrhLxl Âcr
- Sr¡" 3 Àd
,4.11 È{dù-rd1
.¡\Il coq*ñtioD røfr*lr gr<dog
l:Jl${t-
\! llÌ.d-(41
Sprrirl [Ët) Pruvren fst Cñ:1ñlilÉ ¡\ll .ao*rutiÞE r6EB { lú.d-fli ßÞßli¡ã fry {--ørlulír¡ ¡\cti'ihcr
Exc*ding S?5{l-{ffi lûff'l ¡*limurr ond ¡rvøcnt t'rnd. I lli.n Srimic Safe¡v tkÐfr{liJo Eútrlrãctr lirr n** builJrrg.'r crr l¡x exi¡¡i¡c bgildimr. Í ?l.b
Ycts* P¡c&rrmc .4.¡l.nôrtMliotr contr*l¡ l6.r
l{on-cÇnstructlû n ÀctlvitiÊË
liøroxtrurÈø fnrqr¡ç-vc. ltElrdioõ
- Co¡*ruct'11'u¡L llne å
S¡fcty st¡ddånl, Àtt
For ell tlm&e1. rclling rlot!-. ud
!,prñtiÞü¡ aMttñlr {caÈePl besFúta¡ú(ìn
en'i1s coolEcìr &d ¡rpcû rÞnrlÌ:{
rõnksl!) ßeúlirg 5 1 llJ.(l{#}.
tltlts Ðlfsc cl'fc¡Ieæl f-ir¿¡t*l
,\'¡ÁÞ!g<mcÞl hn* erl sl'JFl.d thc l'.\ ll
tl¡u¡^. ] t 0l $ 1,50.Èltl åmpl¡iicd
xoux¡s¡ ûrnshrrld g¡gl¡nl.
i :'t,Þ
Transit Operationl
Tmn:it llmplrrye lrolcttix
.ÀmnrMit¡ ì{ ?4d
{:bãrrã t!ß {ÞcñtiùË I rlr
Srbwl tlø tþcaliner
l)ru'g Lìr ød Tetirrg Sr frr¡ x G i¡irc fùÉ- tFû!. ä JJ.b Ålrohol ltlisu* utl'f rxtm¡ tt frl,]- æE il iTc frm* tic"ø. t l¡.f. 21 EXHIBIT B
A. THI*Ð PAf,W ttl.ITRA{T PROVISIONS {Continuedl
{ercfudìng rnl$o"purthase5, ercèpt Dãvir"BårÕn râquirÊments åpply lo cûÉlråct6 ë}Êeqd¡ng 51,C1û0} MÄsTEßAËRGEMEù¡T : . :
REF¡ÊE¡ìüCE., , . :
{b¡sed on FA MÂ130) 11-2-x02zl
Plannlnç Reeea rch, Dtveloprnent, a nd Demolrf trat¡ù'î Proiettr lãtent RiBttls ð1?
RÍ$rt: i¡ Dðtð ãnd cðptrights 118
gpecial Nst¡ff{ât¡on Requlrement¡ for State¡
Spccial Hçtifi c¿tlon *eqdrem'ent
{or StatEs
g3?
Mlçcellonçous Spoclal f,equlramants
Ënergy fonsËrvÈtlon All Contrårts i26
ñerydrd Frod$cr
Contra€ts n hen proarrins
910,ffi or more per year of ltena
rløii¡nãlãd btr ËP,q-
! 1É.d-(1tl
Prirhi$it¡ür ùn CcrtÀùr
Ttlcca¡mr¡r¡¡c.åriÍru Ëgu iprrrcnt Átl ¿Õntracts
2 fFR 200 åppendi¡ [
2 CF& 2ûü.21õ
Cor¡fa¡manre w*h ilstionå{ lTl
Àróiteûr"e
C€ntrå€ts ãr¡d soliritât¡orE fÐr tfs
prajects. ! 16.1
A.DÀÂcces Contra{ts tor iÐll¡nß stock Õr
faciliti€e cs¡struEllon/renovation^ ! 12-h
AåsþriãHlity Clår¡le
ftnr(ur€menÈs thrÕu8h
a:slgnmenlr {"pigE:þacklng"}
I .11a, uhirh incorpoøteE FTA cifful¿r 4:20.1
22 EXHIBIT B
B. ÀPt't.t{;ÂBlLl"f \' Õ}'ïlllRI} FAlt'l'Y CÛn-]'tur(it' P}t$l L{IOI{'S {ÊrclÐdtng mìcr*punhsr=* ctr:c¡,t Drris-B:rcon rcguirnnrrlls spF¡} tù tùt¡traLls txrtuling 52.tllT}} $perttt*nrl
ll'len*¡emrnt
ît|lia¡
Stoc*,
Pr¡rtbgrrl
Co¡rclr¡¡gl¡¡'u,,... PR{}}1$Iü}Ì Prr¡fc+rioa¡l
ScrçießÅ&ñ
All¡\ll ¡\ll ,n ll .¡lll
No f'cdrral t'it¡r'ernnrcr:t
ûbligltirus to Tbird Pnrti{¡s
('bç Usc of r f)isclnimcr)
,4,11 Âll Àll All
Fa.lsc SutemcnLc or ll¿imr L-ir'il
und {.:rimi*al Fr¿¡d AH
Åll ¡\ll ÀtlÂcccsË lô Thinl Part¡ Contract
Rrc<¡rds
;\ ll Âll
Àl¡ .{ll .{tl .\ll ÀltC.bançr tr: l+drrul Reqrrírcmcnts :"glt,s00,-s 10.000 :'5 lù.0(lü :.tlt),u${, >51r].off)Te¡¡nin¡ti.on AlÌ;1ll Åll ¡,lt Â11I:qual F-m¡lo1:nc nt üpportuni t!
cxcepl Sptrial DûL lllìû claur
for csn-slfr$ticn rrrÐìcÈL,ì t
3g I 0.0û0Spccial IX)L Ell{f chusc firr
cquilntclicrn Þmiccls
Al¡ ,c.ll Åll AllDisatlvsntngcd Brr¡incs:
ilntsrnriscr fDïIEs)
Åll
ÀltAll .Al¡ All A,ltlru:orprxetinn of 1:TÀ Tcrms
3$f5.000:.- 25.tlHt I's25.t¡{ï) ;"925,ù0i) :.s3J,Ð00I)e$snncnf ond 5us¡rnsion .'sl5ü.11fr)>å15$,0ûû :'5lJü,H$Ilrr¡ Amr:ncu
.r!l-lü,00t) >$25r1,000 >5?50,00Û >535*,Ùill :"'525ü,üDûRes¡¡lution oI l]iryuicso llnorhcs, r¡r Õthcr Liliqsriûß
"51{xr,ûl¡-1
.:5 100-ß00 :.$ I tÏ),{XJ0 ::s 100.0ûü >ilü],000Le'bbying ;-!l5ft,ûOl) '-.6 l5ü,ûü] Þ5Ì5ó,0mÉ,':[enn Air :5 l5n,tr0ü :>$ I 5tl.ûtKl ,.$ I 50,fr{10 :!515û.{l0t} :,515&0{n -'-.515ù,00üC[¡an'lVater ,>5 150"0t¡0 Trxnspr:rt by
ocrm t'cs*l,
T':tnspcnt by
nc{Ð Vclel.
Cnrgo Prcfcrcrrec Tranr¡xrrt by
r:{:c¡n vesgel-
fon:ìgn air
rmnsP-
Itravet-
Fnrcign sir
l¡er¡sp.
itrsvcl.
Forcign nir
trensf ,
Jtrgvcl.
Fly rlmerica F orci¡¡n air
trãnrfr- r'tûr,Ë1"
Frrrrign ¡ir
ìrânsp^
,rt r¡¡r'c l"
515,Õfi1 L¡r
\fr:rc. Primr
and Subs
525.ûlÏl or
lr{ore- Pri¡nc
snd Srrb¡
5!J.l)'{Ïl *r
hl¡r¡c- Itirnc
¡¡ni Suhs
N¡tirx 1n fTÅ ¡nrl U,S. tXlI
ln-spcr.'lor (icncrs! of lnlorrnntiun
Rclutcd tø Fr¡ud, ïY'sstu. r.tc.
SlJJl{X) or
X'Torc- Pri¡r:c
ond Strbs
525.ù0fl o¡
['lorc- Prin¡l
:lnd Suhs
.{l¡ Âu Àlt ÁllPrompt Pn1'rnent All
23 EXHIBIT B
B. ÁPfLI{l¡tSll,lTY OF- l'ltlltD l'ÀRT\' {if}NTlL4{-'t Fltû\¡lStûhÍS tContinurdl Ir.rcluding trtrtrtr-¡utrlrarr-':, crccpt f]¡rjs-I]u*üri rrrluí\'r¡]cr'¡11ì s¡-r¡rl1' t$ ¡1¡¡¡s¡ruÈli{}n rùnlräti cxr-Ërdirrg $2.{Ë0) PROYHIÛI{ ProfC**hi¡¡*l
S+rytedÀ&E
0ptr*il*r¡d
ll*argtmerl
nolltng,.
Stffrk
Farrb¡¡a
D¿vis-llac,on rttlt :¡S:.00U {nls{r
fcrrirc).
Vrtemm Frcfcrcnrc >îl J0.ûü)
fþntracl \\¿ork l-Jours and Sal:crv
St¡nd¡r¡Js Art
."s?fqff)o
(lranr1trrrlåiiûn
s*rY iccs
exrcptcd)^
:-s:50,{Jo0 ,:5350,00û
{alsn Íïrrics}-
Copc land ¡\nti-Kickhnc k ..\ct
Soction I
S*tion ?
Ail
-'93.{lßû {åkó
fcrric¡Ì.
BÍ¡ndine >s?t0-ûfttÌ
Scirrnie Safcty A&ãi for nc*
buildinçs.t
odditions.
Ncv¡
buildings &.
¡ddi$o¡¡r
Trarisir Employcc Fra{rcli rc
Arrrrnl¡emsnl:
Tr¿nsir
tìl3erù!iôn5-
Cl¡¿rtcr Sc.rvicc Õrx¡nrioru All
Sc.htrel Errc (lÉ<¡utiaffi Àtl
Drug U*c anl Trsling 'lr¿nsit
oornh0ß
Âlcohol l,tirurc and Tcsting Transit
opcrsIiurLs.
P¡¡¡rnl .Rieltr R&tl
Ritl¡ts in Dnt¿ and tl¡nrrisL¡s *.&D
E nc rg_t Llonser-r'ut isn .\¡l An All ¡\Il Aft
Rccyclcd ha¿luct¡ I¿P¡-*kctcd
Itcn¡s S I 6,ö00
(}t ¡nûrc
¿nnr¡rlly.
ËFÂ.-sclc¡{cd
itcms $l t,üü0
or ¡n$re
an¡rully-
EPA-schctcd
ilc¡ns S10.flü0
{)r ¡ff'rc
:rnn¿¡¿llv.
Sæ¡ Bch Usc ¡\ll Âlt .dll Àl¡ Âu
Diçtrsclc{i Drivinq ..\11 Àll Al't Ält Àtl
Cr¡n.tbsnsncc rvi¡b ITS ì.,larioml
.Àruhitcctu¡¡
ITS pn:j*cts. ITS ¡r.rjcrtr. ITS projets. ITS pmjcctr. ITS pnrjct:tr- AIJ.A. Âccrs À&l'l ,{,ll Ail AII .4.il
Nolifrr:al ion of Fcdcrsl
P¡rrticir¡$ ¡isn .l$r St¡¡tcs
Li¡nirrrj t<¡
St¿fcs-
l-imitcd ro
St¡lc*.
l-irnitcd ro
St¿tcs-
Limited to
Stát*s-
Lim¡I*d to
St¡rc ,
Pmhibitir¡n m Crrrsin
Telccom¡n¿micstit;tns Ëquipmc:¡t
v\Ìl ¡\,1 ¡ .4lt ¡\H .4tt
24 EXHIBIT B
COMPENSATION SCHEDULE
[Io be attachedl
25 EXHIBIT B
{1. ( :}: R'f I }:tcÀTI Oli s. ll E }l}lìTs. ¡tIì"D lrfrR,\ls tÐMl'{ENïE sruué.ÀvÀ¡
8,ï-Etflfçï,:., ,
llus Tcst ing (lcnif¡cg io
r{ll prrxunmmll ¡f rrct¡ modcl trs&sìt
btLscs a¡¡il tms rnil cxlrting rnr:delr bcing
n:.hlilìcd çil$ måi¡x chg¡r..ts-
.19 CIR Psr{ l*5
T\till Certilìr¿tions All rrrlling suc-k ¡uoÈurÈlmls- jl9 CFR Pari ?6 ll,.ry "ln'rcrir:r t?r:tì li cui,in
Preîrcrrrnls sf slel. irotr. msrufsctffid
pruôri!ß $rid L:on5lrucliüt målcrjålú
cxr:crliru S I 5û.lj{lf}.
4t üfR Pn{ 6ftl
Itrawa¡d R*iec FTA ,{n¡nxl L*tRrfír:srion for an¡' rtll:irg litfiil p,rilrrncf!ìÊnt. 49 CfR Fsrr 6é3
Itrca*md Buy Å¡r¡crica
CÈrtificåliLln
RsllinE stork plmrìnús c¡crôdinß
t 1-50,r]00-
.lq CFR P¡rt É63
Pr¡¡*r¡¡cl Prrdlasr'r's RÈqü.irctrìcr¡l í*!i rulling slmk pltrcr¡r*¡!¡cnt:;- ¿S CFR l¡¡r1 6óJ Posr Dclivcr-v ficvicw FT.A Ån¡ù¡sl Cclific.åtiüì fur *ny rollirg rtocl proercrrcnl- dg CfR P¿rtóô3
ttort f-|rl:i",.*ry lÌuy Ânrri<n
(ìcrtiúcatùu¡
Rolling rt<rk pmtrrrcnrcntt cxctcx!ing
s r sllûûû. 4t Cl:[. Fil'r ú{t3
f üfl DcìiTÊrJ Purthc-cû's
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Georgta"
State of Georgia
STATEWIDE CONTRACT
DEPARTMENT OF ADMINISTRATIVE SERVICES
Electronic Request for Quotes ("eRFQ")
Event Name: Public Mass Transit Vehicles and Related Options, Equipment, and Accessories eRFQ (Event) Number: 99999-5PD-SPD0000212
1. lntroduction
1.1 . Purpose of Procurement
Pursuant to the State Purchasing Act (Official Code of Georgia Annotated SS50-5-50 et seq.), this electronic Request for Quote ("eRFa") is being issued to establish a variety of statewide contracts with qualified Suppliers, to provide Public Mass Transit Vehicles and Related Options, Equipment, and Accessories. This eRFQ is being conducted by the Department of Administrative Services through its State Purchasing Division (hereinafter, 'DOAS"). The resulting statewide contracts will be a "Convenience" source for all State of Georgia and local governmental entities, including but not limited to state offices, agencies, departments, boards, bureaus, commissioners, institutions, colleges, universities, state authorities, local governments, municipalities, cities, townships, counties, and other political subdivisions of the State of Georgia.
ln addition, the resulting statewide contracts will also be available on a "convenience" basis to other State's entities, state offices, agencies, departments, boards, bureaus, cornmissioners, institutions and colleges and universities, state authorities, local governments, municipalities, cities, townships, counties, and other political subdivisions. The current contract has been used by transit entities in fifteen (15) other states. All entities authorized to utilize the resulting statewide contract(s) shall be referred to collectively as "Authorized Users."
This solicitation aims to establish fair and open competition resulting in a comprehensive supply base capable of providing a wide variety of types and quantities of transit vehicles that meet varying levels/types of requirements as set forth by federal, state, and local organizations. The scope included the provision of Mass Transit Buses and Vans and related equipment, options, and accessories. lt does not include services or leasing.
This solicitation is designed to structure contracts that will provide Authorized Users considerable flexibility in purchasing transit vehicles and related options, equipment, and accessories by establishing an "ala carte menu" style ordering process that allows Authorized Users to build the bus they want by the addition of preferred options. Public mass transit vehicles made available for purchase under any resultant contracts will be based on two (2) primary purchase types; (1) vehicles purchased by Authorized Users that use state/local funds exclusively, and (2) vehicles purchased by Authorized Users that receive financial assistance (grants) from the United States Department of Transportation's Federal Transit Admtnistration (FTA). The sale of public transit vehicles to Authorized Users that are funded in whole or in part by grants from the FTA are subject to unique requirements, certifications, and terms/conditions for third-party contracts as detailed in the FTA Master Agreement (Attachment J), FTA Requirements and Clauses (Attachment K), FTA Required Certification Forms (Attachment L), FTA Circular 4220.1, Third Party Contracting Guidance (Attachment S), and the FTA Form CER 10 (Attachment M).
For this solicitation, DOAS has separated tÌansit vehicles into seven (7) distinct product categories: (1) Coach Buses, (2) Transit Buses, (3) Trolleys, (a) L¡ght Duty Cutaway Shuttle Buses, (5) Medium Duty Cutaway Shuttle Buses, (6) Original Equipment Manufacturers (OEM) American Disabilities Act (ADA) Mobility Vans, and (7) Other ADA Mobility and Transit Vans. Specific vehicle types within each category have been further described in the table below (Exhibit A) Statewide Contract eR FQ
Revised 31312021
{ffi
1 of30 SPD-SPOO2
28 Exhibit A: Public Mass Transit Vehicles Product Categories * Original Equtpntertt Manttfacturer "'Amertcan Dßabil¡t¡es Acl A bus with front and center doors. generally with a rear-nlounted engine, low-back seating, and w¡thout luggage compartments or restroom facilities for use in frequent stop serv¡ce. Th¡s is what is used mosl typ¡cally on frxed route systems. A 3O-foot -45 foot is the standard type of bus used in larger systems. The average l¡fe expectancy of transit bus chassis is about 12 years. lt is typ¡cal for the ¡ne and other to be rebuilt several times
Category 2-
Transit Buses
A trans¡t bus with an interior and exterior designed to look like a streetcar from the early 1900s. hold 20 to 40
Category 3 -
Trolley Buses
A specially made body placed on a Ford or Chevy or other brands'"culaway" truck chass¡s (not a van) with a gross veh¡cle weight rating (GVWR) of around 9,500 to 19'500. An OEM makes the chassis. but the bodies are manufactured by bus companies such as Champ¡on, Glaval, Coach and Ëquipment. Diamond, El Dorado, etc. They have a walk-in, ffont entry doors. and a center aisle, but they have various wheelbases, with interiors tall enough to allow a person to stand and four-across seating. When equipped to handle 24 or more passettgers, an extra rear axle, referred lo as a "ta the marrufactureraxle," is usuall added
A specially made body placed on a Ford or Chevy or other brand's "cutaway" truck chassis (not a van) wilh a gross vehicle weight rating (GVWR) of around 22,000 to 26,000. oEM mâkes the chass¡s. but the bodies are matrufactured by companies such as Champion, Glaval, Coach and Equipment. Diamond, El Dorado, etc. They have a walk-in. front entry doors, and a center a¡sle, but they have various wheelbases, with interiors tall enough to allow a person to stand and four- across seat¡ng. When equipped lo handle 24 or more passengers, an exlra rear axle, referred to axle," is usually added the manufacturerasa
Category 5-
Medium Transit
Cutaway Shuttle
Buses
Category 6-.OEM
*"ADA Mobility
Vans
Reqular Van: A factory-built 12- or 1s-passenger vehicle (includ¡ng the driver) manufaclured b¡y Ford, GM, Chrysler, or other.OEMs- These vehicles have side passenger doors, can be retrofitted with wheelchair lifts, and must meet **ADA requirements- The usual life expectancy of vâns ranges from aboul 125,000 to 150,000 miles.
M¡n¡van: A factory-built vehicle between a Sporl Ut¡lity Vehicle (SUV) and a van. Examples are the Dodge Caravan and Chevy Astro. They hold seven passengers. including the driver. A wheelchair minivan that has gone through an extensive after-factory conversion. The firms performing lhis after-facto work raìse the roofs and d the floor of the minivans A standard factory-built van thal a specialty retrofìtter has significantly altered after leav¡ng the van maker's factory. These retrofitters remove the seats and the top half of the van. Among the features are an extended-height roof, a speofic wheelchair entry door, a front entry door with a convenient, low Step for ambulatory passengers, and new Seating with a center aisle The conversion van has three-across seats: two-person seals on the driver's side and one person on n is eight ambulatory seats and one wheelcha¡r t¡e downthe other. The usual Category 7 - Other
*"ADA Mobility
Vans
Statew¡de Contract eRFQ
Revised 31312021 2of30 SPD-SPOO2
29 NOTE TO SUPPLIERS: This document's general instructions and provisions have been drafted with the expectation that DOAS may want to make one or multiple awards per line item. For example, this document contains phrases such as "statewide contract(s)" and "award(s)." Please refer to Section 6.4 "selection and Award," for information concerning whether DOAS will make one award or multiple awards per line item or reserves the right to make either depending on the bids received.
1.2. Estimated Spend
DOAS has determined through spend analysis encompassing State fiscal years 2019 through 2022 thaT Authorized Users spent approximately $39.2M annually on public transit vehicles as outlined in this eRFQ.
This historical spend is based on purchasing activity by Authorized Users across Georgia and other states who have utilized the Georgia statewide contract for purchasing Mass Transit Vehicles and Related Options, Equipment, and Accessories. The following table depicts the total spend by fiscal year based on the organizational tYPe.
The table below depicts the spend by fiscal year based on vehtcle type:
- $61,117 spend on Par7s, Warranty. etc.
While total spend for all transit vehicles remained somewhat steady in fiscal years 2020 & 2021 at around an annual average of $77M, spend decreased substantially in FY 2022. Spend totals for FY2022 are considered "uncharacteristic" of a typical year and were widely influenced by a worldwide supply chain disruption, including the global shortage of semiconductor chips. DOAS has identified, through GovSpend, another $53M annually spent on transit vehicles on other local transit agency contracts in Georgia and other states that would qualify as an "opportunity" for the resulting contracts. While it is uncertain how long the supply chain and semiconductor disruption will contlnue, it is an encouraging sign that government funding to address supply chain issues and transit vehicle purchases is up.
Although the award of these contracts does not guarantee any specific volume of sales from Authorized Users, Awarded Supplie(s) can expect significant sales volume based on historical spending patterns (outlined above) and the expanded (1)customer base and (2) expanded product offerings. Therefore, in response to this eRFQ, DOAS expects to receive substantially discounted pricing that considers the large purchasing base of Authorized Users. additional efficiencies afforded from consolidating procurement and administrative processes under a single contractual umbrella, expanded product offerings, and other Statewide Contract eRFQ
Revised 31312021
5 379,274
S 13,360,206
s
S 2,76L,oor
S r¡g,soo
5 15,896,900
5 44,689,254
5 L9,71L,o72
$ 27,823,326
5 3,674,834
S 2,927,3s9
5 qo,zøo,tzt
s
s
s
s
s 28,341,846
$ 33,341,252
5 69,686,272
$ o¿,ssg,szs
Total
20t9
55t6,soo,422 s
BOR
Local Entity
State Entity
Other State
409,313
22,069,6L9
2,207,379
Spend by Ent¡ty Type by Fiscal Year {FY19'FY22|
'.:!.'. Ni22, ,, . .Grànd Total'. ::" .292T '...: , .BUS:.WPE]' 20t9 2020 ... , 5 7,L11,624 5 qg,azgSqg5 42,7t7,726 sCoach Buses
s 1s,941,s44 5 77,631,,4385 49,872,929s 11,876,965Electr¡c Buses S 9,629,106$ g,ozg,roe s$Trolley Buses
S 31,883,089 5 72,o29,Ls5$ 2s,430,s88 S 14,603,8025 tr1,676 Cutaway
Shuttle Buses
S 2,349,9s0S zoo,goz s5 111,676 5 r,537,352Mobilitv Vans ..$,24,096;49;4S 74;746;;,799S 16,500,422 s,80,436,531Grand,Totãl Mass Transit ltem Fiscal Year (FY19-FY22}
3of30 SPD-SPOO2
30 enhancements Lastly, anticipated growth in sales is expected because the Awarded Supplie(s) of any resulting statewide contract will receive maximum exposure of their service offerings through Team Georgia Marketplace (the State s e-Procurement Solution) and an increased emphasis on collaborative marketing efforts of the Supplier(s) and the State Purchasing Division.
1.3. Electronic Records and Signatures
This eRFQ is being sourced through an electronic sourcing tool approved by the Department of Administrative Services. All Suppliers' responses must be submitted electronically per the instructions contained in Section 2 "lnstructions to Suppliers" of this eRFQ. Electronic competitive sealed bids will be administered under the Georgia Electronic Records and Signature Act. Please note electronic competitive sealed bid meets the sealed bidding requirements of the State of Georgia, an electronic record meets any requirements for writing, and an electronic signature meets any requirements for an original signature
1.4. Overview of the eRFQ Process
The objective of the eRFQ is to select a group of qualified Suppliers to provide the goods and services outlined in this eRFQ to the Authorized Users. This eRFQ process will be conducted to gather and evaluate responses from Suppliers for potential awards. All qualified Bidders are invited to participate by submitting responses, as further defined below. DOAS may elect to request Best and Final Offers (BAFO) during the evaluation process as the negotiation tool for this eRFQ. After evaluating all responses received before the closing date of this eRFQ, and following negotiations resolution of any contract exceptions, the preliminary results of the eRFQ process will be publicly announced, including the names of all participating Bidders and the evaluation results. The final contract award(s) will be publicly announced after the protest process.
NOTE TO BIDDERS. This document's general instructions and provisions have been drafted with the expectation that DOAS may make one or multiple awards per line item. For example, this document contains phrases such as "statewide contract(s)" and "award(s)." Please refer to Section 6.7, "Selection and Award," for information concerning whether DOAS will make one award, multiple or split awards, or reserves the right to make either depending on the proposal responses received.
1.5. Schedule of Events
The schedule of events herein re¡resents DOAS' best estimate of the schedule that will be followed However, delays to the procurement process may occur, which may necessitate adjustments to the proposed schedule lf a component of this schedule, such as the close date, is delayed, the rest of the schedule may be shifted as appropriate. Any changes to the dates up to the solicitation closing date (the date proposals are due) will be publicly posted before the closing date of this eRFQ. After the close of the eRFQ, DOAS reserves the right to adjust the remainder of the proposed dates, including the dates for evaluation, negotiations, award, and the statewide contract term, on an as-needed basis with or without notice.
N/AAs Published on the Georgia
Procurement Registry ("GPR")
Release of eRFQ
2.00 p.m. ET1t24t2023B iddersiOfferors' Conference
Attendance is: Optional but Stronqlv
Recommended
Location. Microsoft Teams Meeting:
Join on your compr¡ter, ntobile app or
room device
Çlck ¡er_elq join the meeting
Or call in (audio only)
8.,5 6.150964 2# tJ n it ccl
SlatL's- Atlanta
)-l 410-344-922
4of30 SPD-SPOO2
Statewide Contract eRFQ
Revised 31312021
31 Deadline for written questions sent via
email to the lssuing Officer referenced
in Section 1.6.
1t3112023 5:00 p.m. ET
Responses to Written Questions 2t9t2023 5:00 PM EST
Responses Due/Close Date and Time As Published on the GPR See GPR Evaluation Completed (on or about) 2 to 4 Weeks after Closing
1.6. Official lssuing Officer
Billy Gilbert
Telephone: 404-657 -427 7
[email protected]. gov
1.7 Definition of Terms
Please review the following terms:
American Disabilities Act (ADA): an Act that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life to enjoy employment opportunities, purchase goods and services, and participate in State and local government programs and services.
Authorized User-Authorized User/Recipient: Any organization and associated authorized official outlined in section 1.1 that is allowed to make purchases off any resulting contract from this eRFQ. The term "recipient" refers to an Authorized User that uses grant funds from the FTA to subsidize the purchase.
Buy America Rule - The "Buy America Requirements" Regulation, Title 49 of the Code of Federal Regulations, Part 66'1. stipulates thal federal tax dollars used 1o purchase steel, iron, and manufactured goods in a transit project (including transit buses) are produced domestically.
Bidder- a company(ies)that submit a bid in response to this eRFQ.
Component - Any article, material, or supply directly incorporated into a product at the final assembly location.
DOES - the Georgia Department of Administrative Services DOT - The United States Department of Transportation
Final Assembly - The bringing together of a significant number of individual components to create a product.
FMVSS - Federal Motor Vehicle Safety Standards are U.S. federal regulations specifying design, construction, performance, and durability requirements for motor vehicles and regulated Automobile safety- related components, systems, and design features.
FTA - Federal Transit Administration, an agency of DOT
FTA Compliant Vehicle - A vehicle that meets all FTA and Federal requirements, including Buy America Requirements, qualifies the recipient to receive FTA funds.
FTA Non-Compliant Vehicle - A vehicle not required to meet FTA and Federal requirements. Vehicle purchased with State or localfunding.
Manufacture - The transformation of a component or group of subcomponents to add value to, improve. or create a functionally different part.
Original Equipment Manufacturer (OEM). The original manufacturer of a vehicle.
Performance test - An operational test for the vehicle when it is tested on an actual track to evaluate its performance.
Post-delivery - The period during the procurement process beginning with the signing of a formal contract with the selected Bidder. lt includes the period of vehicle manufacturing, inspection, testing, and delivery. lt ends with title transfer or the placement of the vehicles into revenue service, whichever is first.
Statewide Contract eRFQ
Revised 31312021 5of30 SPD-SPOO2
32 Pre-award - The period during the procurement process before the recipient enters into a formal contract with the Bidder
Pre-Award and Post-Delivery Rule - The "Pre-Award and Post-Delivery Audits of Rolling Stock Purchases" Regulation, Title 49 of the Code of Federal Regulations, Part 663.
Purchaser - The recipient.
Recipient - A receiver of Federal financial assistance from the FTA.
Review - An analysis conducted by the recipient will result in a file containing the necessary certifications of compliance, including the Buy America certification, purchaser's requirements certification, and Federal Motor Vehicle Safety Standards (FMVSS) certification.
Rolling stock - Transit vehicles, such as coach buses, transit buses, cutaway buses, trolley buses, and mobility vans.
Subcomponent - Any art¡cle, material, or supply one step removed from a component Supplier(s) - a company or companies awarded to do business with or is currently doing business with the State of Georgia or companies that are awarded from this solicitation and will be doing business with the State of Georgia.
SPECIAL NOTE. The terms Bidder and Supplier are used extensively throughout this document and other documents in this solicitation. For clarity, the descriptive term "Bidder" is used in a pre- award context, and the descriptive term "Supplier" is used in a post-award context.
All entities authorized to utilize the resulting statewide contract(s) shall be referred to collectively as "Authorized Users." For clarity to the reader, The Federal and FTA documentation references to "Recipients" should be interpreted as "Authorized Users" who's purchases are with Federal Funds..
Any special terms or words not defined in this eRFQ document or Attachment B, "Special Terms Definition," may be identified separately in one or more attachments to the eRFQ. Please download, save, and carefully review all documents by the instructions provided in Section 2, "lnstructions to Bidders," of this eRFQ.
1.8. Contract Term
The initial term of the statewide contract(s) is two (2) calendar years from the implementation date. DOAS shall have three (3), one (1) year options to renew, which options shall be exercisable at the mutual agreement of DOAS and the awarded Suppliers. Renewal will be accomplished through the issuance of a Notice of Award Amendment. ln the event the statewide contract, if any, resulting from the award of this eRFQ shall terminate or be likely to terminate before the making of an award for a new contract; DOAS may, with the written consent of the awarded Supplier, extend the statewide contract for such period as may be necessary to permit the State's continued supply of the identified products and services. Any such extensions may limit the vehicles available as the limitation on contracts for FTA vehicles is strictly limited to five (5) years. The statewide contract may be amended in writing from time to time by mutual consent of the parties. Unless this eRFQ states otherwise, the resulting award of the statewide contract does not guarantee any specific volume or a commitment of funds.
2. lnstructions to Bidders
By submitting a response to the eRFQ, the Bidder is acknowledging that the Bidder:
1. Has read the information and instructions,
2. Agrees to comply with the information and instructions contained herein.
2.1 . General lnformation and lnstructions
2.1.1 Team Georgia MarketplacerM Registration System
DOAS requires all companies and/or individuals interested in conducting business with the State of Georgia to register in the State's web-based registration system through Team Georgia Statewide Contract eR FQ
Revised 31312021 6of30 SPD.SPOO2
33 2.1.2.
2.1.3 2.1.4
2.'l .5.
MarketplacerM. Registration is free and enables the registering company to access certain information, services and/or materials maintained in Team Georgia MarketplacerM at no charge to the registering company. All registering companies must agree to be bound by the applicable terms and conditions governing the supplier's use of Team Georgia MarketplacerM. lf DOAS elects to offer certain optional or premium services to registered companies on a fee basis, the registered company will be allowed to accept or reject the service before incurring any costs and still maintain its registration. Companies may register at
rks. RAMEWORK.PT
PAGE.GBL
Restrictions on Communicatíng with Staff
From the issue date of this eRFQ until the final award is announced (or the eRFQ is officially canceled), Bidders are not allowed to communicate for any reason with any State staff except through the lssuing Officer named herein in paragraph 1.6 of this eRFQ, or during the Bidders/Offerors' conference (if any), or as defined in this eRFQ or as provided by existing work agreement(s). Prohibited communication includes all contact or interaction, including but not limited to telephonic communications, emails, faxes, letters, or personal meetings, such as lunch, enteftainment, or otheruvise. DOAS reserves the right to reject the response of any Bidder violating this provision.
Submitting Questions
All questions concerning this eRFQ must be submitted in writing via email to the lssuing Officer identified in Section 1.6, "lssuing Office/' of this eRFQ. No questions other than written will be accepted. No response other than written will be binding upon the State. All bidders must submit questions by the deadline identified in the Schedule of Events for submitting questions. Bidders are cautioned that DOAS may or may not elect to enteftain late questions or questions submitted by any other method than as directed by this section. All questions about this eRFQ must be submitted, using the form provided in Attachment H. Questions and Answer Form, to [email protected] in the following format:
Company Name
Question #1 Question , Citation of the relevant section of the eRFQ Question #2 Question , Citation of the relevant section of the eRFQ Do not use the comments section of the Sourcing Event to submit questions to the issuing officer.
Attend ing Bidders/Offerors' Conference
The Bidders Conference or any other information session (if indicated in the schedule of events) referred to in Section 1.5 "schedule of Events" of this RFQ will be held online via a Microsoft Teams Meeting. A link is provided in section 1.5 for Bidders to log in and attend. The meeting will be recorded. Unless indicated othen¡¡ise, attendance is optional, althouqh bidders are stronqly encouraqed to attend.
State's Right to Request Additional lnformation - Bidder's Responsibility Prior to an award, DOAS must be assured that the selected bidder(s) has all of the resources to perform under the statewide contract successfully. This includes, but is not limited to, an adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the ongoing needs of the State, financial resources sufficient to complete performance under the statewide contract, and experience in similar endeavors. lf during the evaluation process, DOAS or the State's evaluation team is unable to assure itself of the bidder's ability to perform, if awarded, DOAS has the option of requesting from the bidder any information deemed necessary to determine the bidder's responsibility. lf such information is required, the bidder will be notified and will be permitted approximately seven (7) business days to submit the requested information.
Statewide Contract eRFQ
Revised 31312021 7of30 SPD-SPOO2
34 2.1.6. Failing to Comply with Submission lnstructions Responses received after the identified due date and time or submitted by any other means than those expressly permitted by the eRFQ will not be considered. Responses must be complete, as required in each section of this eRFQ.
2.1.7. Rejection of Responses; State's Right to Waive lmmaterial Deviation DOAS reserves the right to reject any or all responses, to waive any irregularity or informality in response, and to accept or reject any item or combination of items when doing so would be to the advantage of the State of Georgia. lt is also within the right of DOAS to reject responses that do not contain all elements and information requested in this eRFQ. A response will be rejected if the response includes any defect or irregularity and such defect or irregularity constitutes a material deviation from the eRFQ requirements, which DOAS will determine on a case-by-case basis.
2.1.8 State's Right to Amend and/or Cancel the eRFQ
DOAS reserves the right to amend this eRFQ prior to the end date and time. Any time a change is made to the eRFQ, the eRFQ will be temporarily "un-posted" from the Team Georgia MarketplacerM to permit changes to be made. Then, once the revision is complete, a new "version" of the eRFQ will be posted to the Team Georgia MarketplacerM. The eRFQ will possess the same solicitation number; however, the eRFQ will contain a new version number. By submitting a response, the bidder shall be deemed to have accepted all terms and agreed to all requirements of the eRFQ (including any revisions/additions made in writing prior to the close of the eRFQ whether or not such revision occurred prior to the time the bidder submitted its response) unless expressly stated otherwise in the bidder's response. THEREFORE, EACH BIDDER lS INDIVIDUALLY RESPONSIBLE FOR REVIEWING THE REVISED eRFQ AND MAKING ANY NECESSARY OR
APPROPRIATE CHANGES AND/OR ADDITIONS TO THE BIDDER'S RESPONSE PRIOR TO THE CLOSE OF THE eRFQ. Bidders are encouraged to frequently check the GPR for additional information. Finally, DOAS reserves the right to cancelthis eRFQ at any time.
2.1.9 Protest Process
Bidders should familiarize themselves with the procedures outlined in Chapter 6 of the Georgia Procurement Manualand the Federal Transit Adminrstration (FTA) protest process outlined in Attachment K: Protest section 22 and the signature required certification for FTA protest process in Attachment L.
2.1.10. Costs for Preparing Responses
Each response should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. The cost of developing the response and participating in the procurement process (including the protest process) is the bidder's sole responsibility. The State will not provide reimbursement for such costs.
2.1.11, ADA Guidelines
The State of Georgia adheres to the Americans with Disabilities Act guidelines. Bidders should contact the lssuing Officer at least one day in advance if they require special arrangements when attending the Bidders/Offerors' Conference (if any). The Georgia Relay Center at 1-800-255-0056 (TDD Onty) or 1-800-255-0135 (Voice)will relay messages, in strict confidence, for the speech and hearing impaired.
2.1 .12. Public Access to Procurement Records
Solicitation opportunities will be publicly advertised as required by law and the provisions of the Georgia Procurement Manual. The State Purchasing Act delays the release of certain procurement records in the event the public disclosure of those records prior to the State's public announcements of the results of a solicitation would undermine the pubhc purpose of obtaining the best value for the State, such as cost estimates, proposals/bids, evaluation criteria, bidder Statewide Contract eRFQ
Revised 31312021 Bof30 SPD-SPOO2
35 evaluations, negotiation documents, offers and counter-offers, and certain records revealing preparation for the procurement. After issuance of the Notice of lntent to Award (or the Notice of Award in the event the State does not issue the Notice of lntent to Award) ), or after a solicitation has been canceled following evaluation, without inteni to rebid, requests for access to public records, shall be sublect to the disclosure provisions of Georgia's Open Records Act. Pursuant to O.C.GA. $ 50-18-71(a), DOAS must make all public records, including but not limited to cost estimates, proposals/bids, evaluation criteria, bidder proposals, evaluation documents, negotiation documents, offers and counteroffers, and records revealing preparation to the procurement, open for personal inspection and copying, except those records which by order of a court of this state or by law are specifically exempted from disclosure. The State is allowed to assess a charge for the search, retrieval, redaction and to defray the cost of reproducing documents as permitted under O.C.G.A S 50-18-71 (cX1).
2.'l.12.1
2.1.12.2 Marking Submissions as "Confidential," "Proprietary," or "Trade Secret lf a Bidder considers any portion of the documents, data, or records submitted in response to this solicitation to be exempt from disclosure under Georgia law. ln that case, the Bidder must clearly mark each such submission, or portions of the submission, considered to be exempt from disclosure as "Confidential," "Proprietary", or "Trade Secret" and specify the statutory exemption. All markings must be conspicuous; use color, bold, underlining, or some other method in order to conspicuously distinguish the mark from the other text. Wholesale designation of a response or substantial parts of a response as "Confidential" will not be accepted by the State. lf only portions of a page are subject to some protection, Bidder should not mark the entire page. PLEASE NOTE: Even though information (financial or other information) submitted by a bidder may be marked as "confidential", "proprietary", etc., the State will make its own determination regarding what information may or may not be withheld from disclosure.
Submission of Redacted Copies
lf Bidder considers any portion of its bid/proposal to the solicitation to be trade secret or otherwise not subject to public disclosure under the Georgia Open Records Act, Bidder must, in addition to the required original documents, provide a separate redacted electronic copy of its bid/proposal, in PDF format, and briefly describe in a separate writing, as to each item redacted, the grounds for claiming exemption from the public records law, including citation to the appropriate exemption from disclosure requirements provided under Georgia law. This redacted copy should be clearly marked "Redacted Copy-Available for Public Review." ln addition, the electronic file name should include the words "Redacted Copy" at the beginninq of the file name. The redacted copy shall be submitted at the same time Bidder submits its bid/proposal and must only exclude or redact those specific portions that are claimed not subject to disclosure. The redacted copy should reflect the same pagination as the original and show the location from which information was redacted. Except for the redacted information, the redacted electronic copy must be identical to the original bid/proposal. The redacted copy will be open to public inspection under the Georgia Open Records Act without further notice to the Bidder. lf Bidder fails to submit a redacted copy with its bid/proposal, the State is authorized to produce the Bidder's bid/proposal with the exception of audited financial statements in answer to any public records request under the Georgia Open Records Act Even though information submitted by a Bidder may be marked as "confidential", "proprietary", "trade secret" etc., the State will make its own determination regarding what information may or may not be withheld from disclosure. lf the State of Georgia deems redacted information to be subject to disclosure under the Georgia Open Records Act, the Bidder will be contacted prior to the release of this information.
2.1 .'12.3. Trade Secret
Statewide Contract eRFQ
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36 2.2
ln addition, if the Bidder claims that certain information in its bid/proposal may be wlthheld as trade secret pursuant to O.C.G.A. 5O-18-72(aX34), the Bidder shall include with its bid/orooosal su ôn an affidavit indicatino the ific informatiôn that the Bidder identifies as a trade secret, affirmatively declaring that such information is trade secret. A sample affidavit template is provided in Attachment R of this solicitation; however, use of the sample affidavit template does not guarantee that all requirements of the Open Records Act have been met. A sample affidavit is provided. Along with the affidavit, the Bidder shall provide a justification regarding how and why each redaction request constitutes a trade secret pursuant to Georgia law. The designation of a "trade secret" shall not be binding on the State, but the State will review and consider the designation. Wholesale designation of a response or substantial parts of a response as "trade secrets" will not be accepted by the State. ln general, the State does not consider pricing information to be trade secrets. See Sfafe Rd. & Tollway Auth. V. Elec. Transaction Consultants Corp. 306 Ga. App. 487; 702 S.E. 2d 486 (2010).
2.1 .13. Registered Lobbyists
By submitting a response to this eRFQ, the bidder hereby certifies that the bidder and its lobbyists are in compliance with the Lobbyist Registration Requirements in accordance with the Georgia Procurement Manual.
2.1.14 Supplier Debriefing Process
For all solicitations resulting in contracts contract awards of $250,000 or more, unsuccessful bidders may request a supplier debriefing from DOAS in accordance with the Georgia Procurement Manual, Section 6.6. The purpose of a supplier debriefing is to share information about the evaluation and award process. Unsuccessful bidders can benefit from bidder debriefings by enhancing their understanding of the procurement process and gaining insights to improve the competitiveness of their responses to future solicitations. The supplier debriefing is not an adversarial proceeding and may not be used to challenge DOAS's selection. For more information, including the process and deadline for requesting a supplier debriefing, please review the Georgla Procurement Manual, Section 6.6.
Submittal lnstructions
Listed below are key action items related to this eRFQ. The Schedule of Events in Section 1.4 identifies the dates and time for these key action items. This portion of the eRFQ provides high-level instructions regarding the process for reviewing the eRFQ, preparing a response to the eRFQ and submitting a response to the eRFQ. Bidders are reouired to access. print and utilize the trainino materials identified in Geo ia TM '' successful
response to this eRFQ.
2.2.1. eRFQ Released
The release of the eRFQ is formally communicated through the posting of this eRFQ as an event in Team Georgia MarketplacerM and by a public announcement posted to the Georgia Procurement Registry, which is accessible online as follows: http:/issl.doas.state.qa.usiPRSapp/PR index.isp This eRFQ is being conducted through Team Georgia MarketplacerM, an online, electronic tool, which allows a bidder to register, logon, select answers and type text in response to questions, and upload any necessary documents. Team Georgia MarketplacerM permits a bidder to build and save a response over time until the bidder is ready to submit the completed response. Each bidder interested in competing to win a contract award must complete and submit a response to this eRFQ using Team Georgia MarketplacerM. Therefore, each bidder MUST carefully review the instructions and training information from the following link for a comprehensive overview of the functionality of Team Georgia Marketplace rM: http://doas.oa.qov/state-purchasing/purchasing-education-and- trai ninq/supplier-trai nino
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37 2.2.2. eRFQ Review
The eRFQ (or "sourcing Event") consists of the following: this document, entitled "Statewide eRFQ Document", and any and all information included in the Sourcing Event, as posted online on Team Georgia MarketplacerM, including any and all documents provided by DOAS as attachmentstothe Sourcing Event or links contained within the Sourcing Event or its attached documents.
Please carefully review all information contained in the Sourcing Event, including all documents available as attachments or available through links. Any difficulty accessing the Sourcing Event or opening provided links or documents should be reported immediately to the lssuing Officer (See Section 1.5) and/or the Help Desk (Section 2.2.8). Attached documents may be found as follows:
First, documents may be provided at the "header" level of the Sourcing Event. Please select "View/Add General Comments & Attachments", which appears at the top of the screen of the Event under the "Event Details" Section. Next, by selecting "View Event Attachments", the bidder may open and save all of the available documents. ln this location, the bidder is most likely to find this document (Statewide eRFQ Document) as well as the documents referenced in Section 4 "eRFQ Bid Factors." Please thoroughly review all provided Event Attachments.
Second, documents may also be provided at the "line detail" level of the Sourcing Event.
Please navigate to "Step 2: Enter Line Bid Responses", which appears towards the bottom of the screen of the Event. Please access any provided documents as follows:
a. First Method:
i. To the right of each line appearing under Step 2, the Event contains a "Bid" link. By selecting the "Bid" link, the bidder will navigate to a new page of the Event.
i¡. On this new page, the bidder can select "View/Add Question Comments and Attachments" to locate attached documents.
b Second Method:
i. To the right of each line appearing under Step 2, the Event contains a "Line Comments/Files" icon (appears as a bubble with text). By selecting the "Line Comments/Files" icon, the bidder will navigate to a new page of the Event. ii. On this new page, the bidder can locate attached documents. ln this location, the bidder is most likely to find the cost worksheet (if any, as defined by Section 6 "Cost Sheet") as well as any other documents provided with respect to the identified line items. Please thoroughly review all provided attachments.
2.2.3. Preparing a Response
As noted earlier, Team Georgia MarketplacerM allows the bidder to answer questions by entering text and numeric responses. ln addition, as noted in Section 2.2.4 "Uploading Forms", the bidder may also provide information by uploading electronic files. When preparing a response, the bidder must consider the following instructions:
1. Use the provided worksheets to prepare your response. Enter your responses directly into the worksheet. Unless othen¡uise directed, do not insert "see attached file" (or similar statements) in the worksheet to reference separate documents.
2. Answer each question in sufficient detail for evaluation while using judgment with regards to the length of response.
3. Proofread your response and make sure it is accurate and readily understandable.
4. Label any and all uploaded files using the corresponding section numbers of the eRFQ or any other logical name so that DOAS can easily organize and navigate the bidder's response. 2 Statewide Contract eRFQ
Revised 31312021 11 of30 SPD-SPOO2
38 o
5. Use caution in creating electronic files to be uploaded. lf DOAS is unable to open an electronic file due to a virus or because the file has become corru . the bidder's resDonse may be considered incomplete and disqualified from further consideration.
Use commonly accepted software programs to create electronic files. DOAS has the capability of viewing documents submitted in the following format: Microsoft Word or WordPad, Microsoft Excel, portable document format file (PDF), and plain text files with the file extension noted in parentheses (.txt). Unless the eRFQ specificallv requests the use of re or contact the I
to utilizin a fi ln the event
an electron access to the
the bidder red inco lete
from further consideration.
Continue to save your response until the response is ready to be submitted. Select the "Save for Later" button at the top of the page under "Event Details" of the Event.
Uploading Forms
Once the bidder is ready to upload electronic files (completed forms or worksheets, product sheets, etc.), please following the directions within the eRFQ to upload these documents in the proper location. There are three places to upload completed documents:
1. First, the "View/Add General Comments & Attachments" link contains a place for the bidder to upload all of the documents and worksheets which were provided by DOAS under the "View Event Attachments" link. Once the bidder has completed the Event Attachments, the bidder can then select "Add New Attachments" to upload the completed documents. The bidder can upload as many documents as necessary in this section of the Sourcing Event.
2. Second, the bidder can also upload documents in response to each question or bid factor which appears on the main page of the Sourcrng Event, which appears below the "View/Add General Comments & Attachments" link of the Sourcing Event. To the right of each question or bid factor, the bidder can select the "Add Comments or Attachments" link to either enter a written response or upload an electronic document in response to the question or bid factor.
After selecting "Add Comments or Attachments", the bidder should select "Upload" under the "Add New Attachments" section to browse and upload an electronic file.
3. Third, the bidder can also upload documents in the bottom portion of the Sourcing Event where pricing is requested. After selecting the comment bubble icon, the Sourcing Event allows the bidder to select "Upload" in order to include an attachment as part of the bidder's response. ln the alternative, the bidder can also select the link "Bid", which also appears to the right of any line items provided in the "Enter Line Bid Responses" portion of the Event.
After selecting the "Bid" link, the bidder can select "View/Add Question Comments and Attachments" to upload a document.
2.2.5. Reviewing the Response Prior to Submission
ible for ensuri and that
necessarv documents have been uploaded. Prior to final submission of your response, please review the following checklist:
1. Please review and confirm that the bidder has answered all questions appropriately. Many questions require a "yes" or "no" response. Please ensure that the correct response has been selected.
2. Please review and confirm that the most competitive response has been provided.
3. Please confirm that all necessary files have been uploaded.
4. Please select the "Validate Entries" button under "Event Details" at the top portion of the Event. While the "Validate Entries" feature cannot verify whether the bidder has attached files, attached the correct files, or entered the correct responses, the "Validate Entries" feature will alert the bidder if one or more questions in the "Event Questions" section of the Event have not been answered The Validate Entries" feature is a useful tool; however, it is 7 2.2.4.
Statewide Contract eR FQ
Revised 31312021 12 of 30 SPD-SPOO2
39 2.2.6.
2.2.7 no substitute for careful preparation and review by the bidder. The State will not consider the bidder's use of the "Validate Entries" feature as an excuse for an error committed by the bidder in the preparation of its response.
Submitting the Completed Response/Bid
Once the completed response has been reviewed by the bidder, click the "Submit Bid" button at the'top of the page under the "Event Details" section of the Event. Any information entered by a bidder into Team Georgia MarketplacerM but not submitted prior to the submission deadline will not be released to DOAS and will not be considered for award. Only after the bidder selects the "submit Bid" button. will the response to the eRFQ be sent electronically, time stamping the bidder's response and sending a confirmation email to the email address of the bidder. Please note that submission is not instantaneous; therefore, each bidder must allow ample time for its response to be submitted prior to the deadline.
Reviewing, Revising or Canceling a Submitted Response
After the response has been submitted, the bidder may view and/or revise its response by logging into Team Georgia MarketplacerM and selecting the eRFQ event number and the "View/Edit" feature for the bidder's previous response. Please take note of the following:
REVIEW ONLY. ln the event the bidder only wishes to view a submitted response, the bidder may select "View/Edit". Once the bidder has finished viewing the response, the bidder may simply exit the screen. DO NOT SELECT "Save for Later." Team Georgia MarketplacerM recognizes any response placed in the "Save for Later" status as a work in progress and withdraws the originally submitted bid. As a result, unless the bidder selects "Submit" prior to the closing date and time, no response will be transmitted through the system.
2. REVIEW AND REVISE. ln the event the bidder desires to revise a previously submitted response, the bidder may select "VieWEdit" and then revise the response. lf the revisions cannot be completed in a single work session, the bidder should save its progress by selecting "Save for Later." Once revisions are complete, the bidder MUST select "Submit" to submit its corrected response. Please permit adequate time to revise and then resubmit the resoonse. Please submission is not instantaneous and mav be affected bv several 1 events, such as the bidder temporarilv losing a connection to the lnternet.
AS EACH BIDDER IS SOLELY RESPONSIBLË FOR RESUBMITTING ITS RESPONSE
PRIOR TO THE CRFQ END DATE AND TIME TO ENSURE THE RESPONSE MAY BE
CONSIDERED BY DOAS, PLEASE USE CAUTION IN DECIDING WHETHER OR NOT TO MAKE REVISIONS. The State will assume no responsibility for a bidder's inability to correct errors or othen¡uise make revisions to the submitted response or the bidder's inability to resubmit a response prior to the eRFQ end date and time.
WITHDRAWCANCEL. ln the event the bidder desires to revise a previously submitted response, the bidder may select "ViewiEdit" and then select "Save for Later". Team Georgia MarketplaceÌM recognizes any response placed in the "Save for Later" status as a work in progress and withdraws the originally submitted bid. As a result, unless the bidder selects "Submit" prior to the closing date and time, no response will be transmitted through the system. ln the event a bidder desires to withdraw its response after the closing date and time, the bidder must submit a request in writing to the lssuing Officer.
2.2.8. Help Desk SuPport
For technical questions related to the use of Team Georgia Marketplacer', bidders have access to phone support through the DOAS Customer Service Help Desk a|404-657-6000, Monday through 3 Statewide Contract eRFQ
Revised 31312021 13 of 30 SPD-SPO02
40 Friday 8:00 AM to 5:00 PM excluding State Holidays or any other day state offices are closed such as furlough days or closings in response to inclement weather. Bidders can also email questions Procureme .oa.oov
3. General Business Requirements
This section contains general business requirements. By submitting a response, the bidder is certifying its agreement to comply with all of the identified requirements of this Section 3 and that all costs for complying with these general business requirements are included in the bidder's submitted pricing.
3.1. Periodic Performance/Sales Reports
lf selected for an award, the supplier shall submit the following management reports to the DOAS-identified contract administrator. All reports shall be provided by the supplier in electronic format. All electronic reports must be submitted in Microsoft Excel or Microsoft Access format. Reports should include the ability to sort/summ arize by account. The supplier agrees to provide all data requested in a flat-file format as designated by DOAS' contract administrator.
Sales by Product Number RePorts
Statewide sales by customer account number and product number, including the information: product number, product description, manufacturer name, NIGP code, merchandise class code/indicator, quantity shipped, list price, unit price, total spend, year-to-date quantity shipped, year-to-date spent, year-to-date frequency of order. The information must be provided in a flat file format. Reports will be submttted monthly, by the fifteenth (1Sth) calendar day of the following month.
3.1.1 Quarterly Sales Reports: Sales by Product Number Reports Statewide sales by customer account number and product number, including the information: product number, product description, manufacturer name, NIGP code, merchandise class codeiindicator, quantity shipped, list price, unit price, total spend, year-to-date quantity shipped, year{o-date spent, year-to-date frequency of order is required quarterly. The information must be provided in a flat-file format. Reports will be submitted quarterly in accordance with section 3.5 of the eRFQ. A copy of the Supplier's euarterly Sales Report is provided as Attachment I and is due by the twentieth (20) calendar day of the following month.
3.2. Business Review Meetings
lf selected for an award, the supplier must participate in business review ("8R") meetings at DOAS' request.
During the BR meetings, the supplier will present a written and oral status to DOAS regarding all work orders/purchase orders (including date and value). The BR meeting will also focus on the status of service level agreements and key performance indicators agreed to by the supplier and DOAS. The BR meeting may involve, but not be limited to, the following. a review of the supplier's performance and submitted reports, identification of areas of improvement to be addressed, review of the previous quarter's sales statistics, development/monitoring of a supplier service "scorecard."
3.3. Virtual Catalog
Team Georgia MarketplacerM Virtual Catalog
ln June 200g, DOAS entered into a multi-year agreement with SciQuest, lnc. whereby SciQuest will provide certain electronic catalog hosting and management services to enable state customers to access a central online website to view and/or shop the goods and services available from existing statewide contracts as further described in that agreement. The central online website is referred to as Team Georgia MarketplacerM and the catalog site is referred to as the Virtual catalog.
Supplier's lnterface with the Virtual Catalog
To'be eligible for contract award, the Offeror must agree to cooperate with DOAS and SciQuest (and any authorizeã agent or successor entity to SciQuest) in the event DOAS selects this statewide contract to be exhibited on ihe Virtual Cataloq At a minimum, the Offeror agrees to the following:
Statewide Contract eRFQ
Revised 31312021 14 of 30 SPD.SPOO2
41 1 Offeror agrees, upon DOAS'written request, to delrver within thirty (30) days' of such request either (1) a hosted catalog or (2) punch-out catalog. Offeror will cooperate with DOAS and SciQuest to create a schedule to enable the integration of the Offeror's statewide contract offering into the Virtual Catalog within this thirty (30) day time period.
2. Offeror willjoin the SciQuest Supplier Network (SOSN) and will have the option of using the SciQuest's Supplier Portal to extract the Offeror's catalog and pricing, upload products, pricing and images into the Scieuest system, and view reports on catalog spend and producUpricing freshness The Offeror can receive orders through electronic delivery or through low{ech options such as e-mail and fax. More information about the SQSN can be found at: www.sciquest.com or call the SciQuest Supplier Network Services team at 9'19-659-2152.
3. Offeror will support use of the United Nations Standard Product and Services Code (UNSPSC).
UNSPSC versions that must be adhered to are driven by SciQuest for the suppliers and are upgraded every year. The State of Georgia reserves the right to migrate to future versions of the UNSPSC and the Offeror will be required to support the migration effort. All line items, goods or services provided under the resulting statewide contract must be associated to a UNSPSC code. All line items must be identified at the most detailed UNSPSC level indicated by segment, family, class and commodity. More information about the UNSPSC is available at: http://www.unspsc.orq and htto://www.unso oro/faos#How
4 DOAS will decide which of the catalog structures (either hosted or punch-out as further described below) will be provided by the Offeror. Whether hosted or punch-out, the catalog must be strictly limited to the Offeror's awarded contract offering (e.g. products and/or services not authorized through the resulting statewide contract should not be viewable by User Agencies). a. Hosted Cataloq. By providing a hosted catalog, the Offeror is providing a list of its products/services and pricing in an electronic data file in a format acceptable to SciQuest, such as Tab Delimited Text files. ln this scenario, the Offeror must submit updated electronic data from time to time to DOAS to maintain the most up{o-date version of its product/service offering under the statewide contract in the Virtual Catalog.
b. Punch-Out Cataloq. By providing a punch-out catalog, the Offeror is providing its own online catalog, which must be capable of being integrated with the Virtual Catalog as follows: Standard punch-in via Commerce eXtensible Markup Language (cXML). ln this scenario, the Offeror ensures its online catalog marketplace is up{o-date by periodically updating the offered products/services and pricing listed on its online catalog. lf awarded multiple contracts, Offerior agrees to maintain a single Punchout site and be able to provide the appropriate contract id on each item returned to SciQuest. The site must also return detailed UNSPSC codes (as outlined in line 3) for each line item. Offeror also agrees to provide e-Quote functionality to facilitate volume discounts.
Minimum Requirements: Whether the Offeror is providing a hosted catalog or a punch-out catalog, the Offeror agrees to meet the following requirements:
a. Catalog must contain the most current pricing, including all applicable administrAtive fees and/or discounts, as well as the most up-to-date product/service offering the Offeror is authorized to provide in accordance with the statewide contract; and
b. The accuracy of the catalog must be maintained by Offeror throughout the duration of the statewide contract between the offeror and DOAS; and
c. The Catalog must include a State-specific contract identification number; and d. The catalog must include detailed product line item descriptions; and e. The catalog must include pictures when possible;* and f. The catalog must include any additional DOAS content requirements.** Revising Pricing and Product Offerings: Any revisions (whether an increase or decrease) to pricing or product/service offerings (new products, altered SKUs, etc.) must be pre-approved by DOAS and will be subject to any other applicable restrictions with respect to the frequency or amount of such revisions.
However, no statewide contract showcased in the Virtual Catalog may include price changes on a more frequent basis than once per quarter. The following conditions apply with respect to hosted catalogs:
a. Updated pricing files are required by the 1"r of the month and will go into effect in the Virtual Catalog on the 1't day of the following month (ie file received on 1/01/09 would be effective in the Virtual 5 o
Statewide Contract eRFQ
Revised 31312021 15of30 SPD-SPOO2
42 Catalog on 12101109). Files received after the 1sr of the month may be delayed up to a month (i.e. file received on 11106/09 would be effect in the VirtualCatalog on 1/01/10). b. DOAS-approved price changes are not effective until implemented within the Virtual Catalog.
Errors in the Offeror's submitted pricing files will delay the implementation of the price changes in the Virtual Catalog.
7 . Offeror must be able to accept Purchase Orders via fax, e-mail, cXML or EDI INT AS 12. a. For Purchase Orders received via email, the Offeror must provide a dedicated email address (i.e. [email protected]) that is monitored during normal business hours. b The Offeror is required to provide positive confirmation via phone or email within 24 hours of the Offeror's receipt of the Purchase Order. lf the Purchasing Order is received after 3pm EST on the day before a weekend or holiday, the Offeror must provide positive confirmation via phone or email on the next business day.
8. Offeror agrees that DOAS controls which contracts appear on the Virtual Catalog and that DOAS may elect at any time to remove any supplier's offering from the Virtual Catalog. .Details regarding the submission of image files and catalog content will be discussed during the enablement process; however, the following represents key information regarding the submission of product image files:
c. Provide URL links to the product images (preferred method) or actual image files (in gif, jpeg and other commonly used formats) for all of the items in the Offeror's catalog that will be hosted by the Virtual Catalog. These images are displayed to the customer directly in search results as well as in the product details window.
c Provide the actual image files in a 'zip archive'. Please go to www.winzip.com to download the WinZip@ application that is needed to create such an archive as well as additional details about using WinZip@ application.
o Provide only one image per product.
o Color pictures are preferred; however, black and white pictures or drawings are acceptable if this is the current standard for the Offeror's business marketing. o Please note the Virtual Catalog prefers jpg format for image files (280X280 pixels) although images'"ilì.ï:iil:iiiï:il1:iljl1
,, ," resized to 280X280 pixers, ir necessary, to
maintain a consistent appearance for the Virtual Catalog.
When an image is in a format other than jpg, it will be converted to jpg and resized to 2B0X2B0 pixels to maintain a consistent appearance for the Virtual Catalog. c-. As products change, updated image files must be submitted to update the Virtual Catalog. c Provide a corporate logo image in the following sizes. Logo will be used for display on the Supplier/Contract profile.
: :3 ;:iil liì i1?fi,:5Jî,ì,,
o 300 pixels (H) x 200 Pixels (W)
ln rare instances where an image is not available, SciQuest and DOAS will work with the Offeror to determine the best solution for advertising the Offeror's offering. *. Existing suppliers in the SQSN normally host one ('1)general product catalog that is made available for all customers. This avoids duplication of effort for the supplier and brings improvements to the catalog to all customers at once. lt is rare that individual customers have needs that are not also required by others. SciQuest does not prohibit 'private' catalogs, but recommends review of requirements with the supplier enablement consultants and the suppliers in question first. Although suppliers in the SQSN normally submit one (1) catalog, it is possible to have multiple contracts applicable to different Georgia agencies. For example, a supplier may have different pricing for state government agencies and Board of Regents institutions, Suppliers have the ability and responsibility to submit separate contract pricing for the same catalog if applicable. The system will deliver the appropriate contract pricing to the person viewing the catalog.
Statewide Contract eRFQ
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43 ln the event DOAS selects this statewide contract to be included on the Virtual Catalog, SciQuest's technicaldocumentation will be provided to the Offeror after (1)the Offeror has been formally invited by DOAS to join the Virtual Catalog and (2) the Offeror has joined the SciQuest supplier network and signed up for SciQuest's Supplier Portal. These services will be provided by SciQuest at no additional cost to the Offeror. Offeror agrees that Offeror's statewide contract pricing includes any and all costs to the Offeror in complying with these provisions.
The Board of Regents and select colleges currently maintain separate instances of certain statewide contracts through SciQuest. ln the event Board of Regents or one or more colleges elects to publish the resulting statewide contract in the board/college's SciQuest catalog, the awarded supplier agrees to work in good faith with the board/college to implement the catalog. DOAS does not anticipate that this will require additional efforts by the awarded supplier; however, the supplier agrees to take commercially reasonable efforts to enable such separate SciQuest catalogs or related integrations (i.e., electronic order submission, e-invoicing, etc.). Suppliers are welcome to submit questions regarding this requirement during the Q&A period and/or during the Offerors' Conference.
3.4. State of Georgia Purchasing Card
DOAS administers a program which provides a purchasing card (hereinafter, "State of Georgia PCard") to be used by authorized government employees of certain governmental entities electing to participate in the program to purchase necessary supplies. Contractor shall impose no fee on either DOAS or any Authorized User for the use of the State of Georgia PCard pursuant to this statewide contract. All purchases made by Authorized Users representatives utilizing State of Georgia PCards shall be exempt from sales tax. lt is the responsibility of the Authorized User representative to provide the Authorized User's tax identification number as needed at the point of sale. lf selected for award, the supplier shall keep the State of Georgia PCard numbers confidential and shall not disclose the State of Georgia PCard numbers except as expressly authorized by DOAS. The supplier represents that State of Georgia PCard numbers will be processed, transmitted and stored in compliance with the Payment Card lndustry Data Security Standard. Supplier shall provide immediate written notice to the current DOAS contract administrator in the event of (1) any unauthorized disclosure of State of Georgia PCard Numbers or (2) supplier's failure to maintain compliance with the Payment Card lndustry Data Security Standard in the supplier's contract performance. Supplier agrees to cooperate with DOAS, Authorized Users, and DOAS contractual partner(s) for the PCard in resolving any issues or disputes concerning the use of the State of Georgia PCards pursuant to this statewide contract.
3.5. Administrative Fee
Pursuant to O.C.G.A. Section 50-5-51(10), DOAS has the authority to collect monies, rebates, or commissions payable to the State that are generated by supply contracts established pursuant to O.C.G.A Section 50-5-57. These administrative fees are used by DOAS to fund various initiatives, including the administration of existing and new statewide contracts, training, and technology. For this statewide contract, DOAS requires each supplier to pay to DOAS an administrative fee on all sales pursuant to the resulting statewide contract. The administrative fee amount for this statewide contract is one {1} percent.
EACH SUPPLIER MUST SUBMIT PRICING IN ITS COST PROPOSAL WHICH INCLUDES THE tDENTtFtED PERCENT ADM|NISTRAT|VE FEE (HEREINAFTER, "THE FEE") BUILT INTO THE SUBMITTED PRICING. All suppliers must agree that the Fee will not be identified separately from the product and/or service pricing offered to Authorized Users wherever that pricing may appear (website, catalog, invoices, etc.). This Fee will be collected by the awarded Supplier and remitted to DOAS in accordance with the following paragraphs.
a. Section 3.5 (a) of the RFQ, which is incorporated in the State of Georgia Statewide Contract document, contains due dates for both quarterly sales reports and administrative fees. Section 3.5 (a) of the RFQ document is also referenced by in the State of Georgia Statewide Contract Attachment '1 Statewide Contract eRFQ
Revised 31312021 17 of 30 SPD-SPOO2
44 Contract Terms and Conditions for Software, Products, and Ancillary Servlces, Section 4.4 'Repoding Requirements".
The Quarterly Sales Report must be received by DOAS twenty (20) days after the end of the Fiscal Quarter through submission within the Supplier Portal of Team Georgia Marketplace, and the Fees must be received as a response to an invoice generated by DOAS between the time of receipt of the invoice and forty-five (45) days after the end of the fiscal quarter as defined by the table below At the end of each state fiscal quarter as defined above, Supplier shall prepare the Quarterly Sales Report and submit the file through the Supplier Portal of Team Georgia Marketplace, including the Supplier's most upìo-date lnvoice Contact Name (Billing Contact), Supplier Billing Address, and Supplier Billing E-Mail. ln the event that no sales have occurred, the Supplier must complete and submit the Quarterly Sales Report, indicating that no sales have occurred, and submit the file through Supplier Portal of Team Georgia Maiketplace No later than the date identifled above as the "supplier's Payment Due Date" for each fiscal quarter, the Supplier shall remit a payment of fees to DOAS in response to a DOAS generated invoice, through Electronic Funds Transfer (EFT) By submission of these reports and corresponding Supplier payments, Supplier is certifying their correctness DOAS, at its sole discretion, may also accept payment of Fees from the Supplier via electronic funds transfer (EFT).
b Auditinq and Co ntracl Close Out All sales reports and Fee payments shall be subject to audit by the State. Supplier shall maintain books, records and documents which sufficiently and properly document and calculate all charges billed to the State and all Fees throughout the term of the statewide contract for a period of at least five (5) years following ihe date of final payment or completion of any required audit, whichever is later. Supplier shall permit the Auditor of the State of Georgia or any authorized representative of the State, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Supplier relating to orders, invoices or payments or any other documentation or materials pertaining to the statewide contract, wherever such records may be located during normal business hours. Supplier shall not impose a charge for audit or examination of the Supplier's books and records. lf an audit discloses incorrect billings or improprieties, the State reserves the right to charge the Supplier for the Response
generated
Payment Due
to
DO,AS'Fiscal
Quarfers
IloyenlryJ1!October 20tt'Quarter 1 July 1't - Septentber 30th
Januarv 20tt' Februarv 11tt'Quarter 2 October l't - December 31sl
MevJeJanuary l't - March 31"t Aoril 2dt'Quarler 3
Auoust 15tt'Julv20!Quarler 4 April l"t- June 3Uh
30 DAYS FOLLOWING
TERMINATION OF
st4/c
Statewide Contract eRFQ
Revised 31312021 1Bof30 SPD-SPOO2
45 cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities
ln no event shall Supplier retain any amount of money in excess of the compensation to which Supplier is entitled and all Fees owed DOAS shall be paid within thirty (30) calendar days of termination of the statewide contract for any reason.
Modifvinq or Canceling the Fee. DOAS reserves the right to modify and/or cancel the Fee at any time. Supplier shall immediately amend the statewide contract pricing to reflect any modification or cancellation of the Fee by DOAS. ln addition, DOAS reserves the right to revise collection and reporting requirements in conjunction with implementation of an on-line procurement system. d. Late Pavment Fee. ln the event DOAS does not receive the Supplier's payment of the Fees on or before the Supplier's Payment Due Date, the parties agree the Supplier must pay DOAS interest on the overdue Fees at a rate of eighteen percent (18%) per annum. lnterest will be calculated as follows:
(Administrative Fee Amount Due) x (18%) = ¡
X / 365 (366 for leap years) = Y
Y x (Number of Days Payment is Late) = lnterest Owed
For the purposes of this provision, payment of the Fees shall be considered received by DOAS on (1) the date of DOAS' receipt of the EFT confirmation or (2) the date DOAS receives the envelope containing a check for the correct amount of the administrative fee. ln the event the Supplier does not submit full payment of the Fees owed, interest shall only be applicable to the poftion of the Fees which is outstanding. ln the event the Supplier makes an error and overpays, the Supplier is responsible for alerting DOAS in writing of the Supplier's discovery of the overpayment. DOAS will confirm whether an overpayment has occurred and refund or credit the overpayment amount to the Supplier no later than thirty (30) days' following DOAS' receipt of written notice of the overpayment.
DOAS will have no responsibility for interest or any other fees with respect to Supplier's overpayment of Fees.
Default. THE SUPPLIER'S RESPONSIBILITY TO COLLECT AND REMIT THE ADMINISTRATIVE FEE ON BEHALF OF DOAS IS A SER¡OUS RESPONSIBILITY AS THE SUPPLIER IS HANDLING STATE FUNDS. Accordingly, failure to comply with these contractual requirements shall constitute grounds for declaring Supplier in default and recovering re-procurement costs from Supplier in addition to all outstanding Fees and interest.
3.6. StandardlnsuranceRequirements
lf awarded a contract, the supplier shall procure and maintain insurance which shall protect the supplier and the State of Georgia (as an additional insured) from any claims for bodily injury, property damage, or personal injury covered by the indemnification obligations set forth in the statewide contract attached to this solicitation throughout the duration of the statewide contract. The supplier shall procure and maintain the insurance policies described below at the supplier's own expense and shall furnish DOAS an insurance certificate listing the State of Georgia as certificate holder and as an additional insured. The insurance certificate must document that the Commercial General Liability insurance coverage purchased by the supplier includes contractual liability coverage applicable to the statewide contract. ln addition, the insurance certificate must provide the following information: the name and address of the insured; name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in Georgia); a description of coverage in detailed standard terminology (including policy period, policy number, limits of liability, exclusions and endorsements); and an acknowledgment of notice of cancellation to DOAS.
(-
Statewide Contract eRFQ
Revised 31312021 19 of 30 SPD-SPOO2
46 The supplier is required to maintain the following insurance coverage's during the term of the statewide contract.
1) Workers Compensation lnsurance (Occurrence) in the amounts of the statutory limits established by the General Assembly of the State of Georgia (A self-insurer must submit a certificate from the Georgia Board of Workers Compensation stating that the supplier qualifies to pay its own workers compensation claims.) ln addition, the supplier shall require all subcontractors occupying the premises or performing work under the statewide contract to obtain an insurance certificate showing proof of Workers Compensation Coverage with the following minimum coverage:
Bodily injury by accident - per employee $100,000;
Bodily injury by disease - per employee $100,000;
Bodily injury by disease - policy limit $500,000.
Commercial General Liability Policy with the following minimum coverage:
Each Occurrence Limit $1,000,000
Personal & Advertising lnjury Limit $1,000,000
GeneralAggregate Limit $ 2,000,000
ProductsiCompleted Ops. Aggregate Limit $ 2,000,000
Automobile Liability
Combined Single Limit $1,000,000
2)
3)
The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written notice has been given to DOAS. Certificates of lnsurance showing such coverage to be in force shall be filed with DOAS prior to commencement of any work under the statewide contract. The foregoing policies shall be obtained from insurance companies licensed to do business in Georgia and shall be with companies acceptable to DOAS, which must have a minimum A.M. Best rating of A-. All such coverage shall remain in full force and effect during the term and any renewal or extension thereof.
Within ten (10) business days of award, the awarded supplier must procure the required insurance and provide DOAS with two (2) Certificates of lnsurance. Certificates must reference the contract number. The supplier's submitted pricing must include the cost of the required insurance. No contract performance shall occur unless and until the required insurance certificates are provided.
3.7. Process for Post Award Adding or Deleting Vehicles and Options. To ensure continuity of vehicles available and to ensure open and fair competition, the process for adding new vehicles to the contract will be:
3.7 .1. Adding Buses/Vans to the Contract
1) DOAS may solicit open and competitive quotes for the new buses and vans that come on the market after the solicitation closes. Vehicles that were available during the period of the solicitation will not qualify for addition.
2) The state will benchmark quoted prices to ensure competitive pricing and award based on the needs of the state at that time.
3) Ensuing contracts added as a result of the process above will be rolled into the existing Mass Transit contract. They will expire simultaneously as the original Mass Transit Vehicles contract expires.
4) The final decision to add new vehicles rest solely with DOAS.
3.7.2. Deleting Vehicles
To delete vehicles from the contract that have gone out of production, the awarded Supplier(s) must notify the State that the manufacturer has stopped production of the vehicle(s) by submitting a written notification from the Manufacturer(s) that the vehicle(s) are out of production.
3.7.3. Process for adding Manufacturer Vehicle Options to Contract:
Statewide Contract eRFQ
Revised 3/312021 20 of 30 SPD-SPOO2
47 Suppliers can submit manufacturer vehicle options annually, at contract renewal, for the State for inclusion in their options offering . The Supplier must include manufacturer data that shows the option price is competitive. The state will do a price analysis before approving or not approving the request for option addition.
3.8 Bonds and/or Letter of Credit
Not Applicable
Bid Bond
Not Applicable
Performance Bond/Letter of Credit
Not Applicable
Payment Bond
Not Applicable
3.9. SupplierCompliance
Suppliers responding to this eRFQ and currently holding one or more statewide contracts are required to be compliant with the terms and conditions of their current agreement(s) with the State. This includes all quarterly reporting and administrative fee submission requirements. DOAS will not award the resulting statewide contract to a Supplier that has failed to meet its current statewide contract obligations.
3.10. Marketing and Outreach
Suppliers engaging in Statewide Contracts are expected to incorporate marketing plans to grow their Statewide Contracts and presence in the marketplace. Responsive bidders to solicitations should identify their marketing plan and the tools they will utilize to accomplish these goals. The marketìng plan must be designed to be used throughout the life of the Statewide Contract and should identify, when possible, how they will leverage government conferences to further promote their offerings. Awarded Suppliers must submit their Marketing Plan to the lssuing Officer within 30 days after the award date.
The DOAS State Purchasing Division (SPD) hosts marketing and training trade conferences throughout the year to educate public procurement professionals on the commodities and services available on statewide contracts.
SPD also offers educational platforms to learn new techniques and best practices from state and national industry experts and provides marketing, networking, and training opportunities to Statewide Contract Suppliers. The Georgia Procurement Conference is geared towards purchasing professionals. The attendees at these events have included public procurement professionals from all state agencies, the colleges and universities of the Board of Regents and the Technical College System of Georgia, local cities and municipalities across the state, and many independent authorities. When possible, we have included Exhibitor Expos with booth space that offer significant marketing value and provides exceptional opportunities for statewide Suppliers to market directly to hundreds of attendees. Small Business Symposiums are also offered to small businesses to assist them in networking and learning about the statewide contract experience and opportunities for partnerships.
Additional outreach opportunities could include webinars, product or service spotlights, and participation in periodic business reviews throughout the life of the contract.
3.1 1. Bid/Proposal Certification
By responding to this solicitation, the bidder understands and agrees to the following:
1. That the electronically submitted response constitutes an offer, which when accepted in writing by DOAS, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and DOAS, and
2. That the bidder guarantees and certifies that all items included in the bidder's response meet or exceed any and all of the solicitation's identified specifications and requirements except as expressly stated otherwise in the bidder's response; and Statewide Contract eRFQ
Revised 31312021 21 of30 SPD.SPO02
48 5
That the response submitted by the bidder shall be valid and held open for a period of ninety days from the final solicitation closing date and that the bidder's response may be held open for a lengthier period of time subject to the bidder's consent; and That this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. Bidder understands and agrees that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards; and
That the provisions of the Official Code of Georgia Annotated, Sections 45-10-20 et seq. have not been violated and will not be violated in any respect.
3.13. Things to Remember when Responding to Bids
This document provides information that the Bidder(s) may find helpful when preparing their bid submission Attachment T.
4. eRFQ Bid Factors
DOAS has determined that it is best to define its own needs, desired operating objectives, and desired operating environment. DOAS will not tailor these needs to fit a particular solution bidders may have available; rather, bidders shall propose to meet the State's needs as defined in this eRFQ. All claims shall be subject to a demonstration if requested by DOAS. Bidders are cautioned that conditional responses/bids, based upon assumptions, may be deemed non-responsive.
4.1. lntroduction
All of the items described in this section are requirements and/or terms and conditions that the State expects to be satisfied by the selected suppliers. By submitting a response to this eRFQ, the bidder confirms its willingness and ability to satisfy these requirements.
Unless othenruise specified, references to brand name or trade name/mark products are intended to be descriptive, but not restrictive, and are used to indicate the quality and characteristics of products that may be offered. Other products may be considered for award if such products are clearly identified and are determined by DOAS/the State's Evaluation Team to meet its needs in all respects. Each bidder's response must indicate the brand name and model or series number of the product offered and include such specifications, catalog pages, or other data that will provide information to the Authorized User/Recipient of the functional capabilities of the product offered.
4.2. Supplier General lnformation
Each supplier must complete all of the requested information in the electronic purchasing system entitled Supplier's General lnformation Worksheet for inclusion with their bid response.
4.3. Mandatory Requirements
As noted in the preceding section, this eRFQ contains mandatory requirements (e.9. product specifications, service or quality levels, staff requirements, experience or license requirements, etc.) which must be met by the supplier in order for the bidder to be considered "responsive" and, therefore, eligible for contract award.
These mandatory requirements will be defined in one or more of the following ways.
1. Requirements in this eRFQ document, (Attachment A)
2. REQUIREMENTS in the Mandatory Requirements Document (Attachment D)
3. Requirements in the Mass Transit Program Requirements Document (Attachment B)
4. Requirements contained in any attachment to the Sourcing Event, such as a Mandatory Requirements Worksheet.
A Pass/Failevaluation will be utilized for all mandatory requirements. Please review the Sourcing Event and its attachments carefully and respond as directed. lnformation regarding accessing attachments is J
4 Statewide Contract eRFQ
Revised 31312021 22 of 3O SPD-SPOO2
49 prov¡ded in Section 2.2.2"eRFQ Review" of this document. lnformation regarding uploading attachments is provided in Section 2.2.4"Uploading Forms".
Some requirements may require a "Yes" or "No" response. Ordinarily, to be considered responsive, responsible and eligible for award, all requirements identified as mandatory must be marked "YES" to pass.
There may be rare instances in which a response of "NO" is the correct and logical response in order to meet the mandatory requirement (e.g. responding "NO" that the bidder does not possess any conflicts of interest). Othenvise, any mandatory questions marked "NO" willfail the technical requirements and will result in disqualification of the bidder's response, except as otherwise provided in Section 6 "Evaluation and Award" of this eRFQ. Please note some requirements may require the bidder to provide product sheets or other technical materials.
4.4. Warranty
The Warranty for this solicitation and resulting contracts shall be the standard manufacturer's warranty. See additional warranty information in Attachment B: Public Mass Transit Program Requirements Document.
NOTE: Bidders shoutd inctude extencled warranties in the additional opt¡ons secflon of the cost worksheets
4.5. Specifications
4.5.1. Location The technical specifications for each category can be downloaded at the hyper"link in Attachment B. Mass Transit Program Requirements Document
4.5.2 Specification Deviations Suppliers have the opportunity to submit deviations to the vehicle specifications. The State's Cross-Functional Team will review all deviations for "Cardinal Changes" as defined by FTA Circular 4220.1F, Third Party Contracting Gurdance. Deviations that are deemed a "Cardinal Change" will be rejected.
4.5.3. Specification Deviations Minimum Requirements: ln order for Bidders to submit deviations to the specifications they must meet the Minimum Requirements for Specification Deviations located in Attachment B: Mass Transit Program Requirements Document.
5. CosUPricing
Each Bidder is required to submit cost/pricing in the Cost Workbooks (Attachment E-1 through E-7) for the category(s)/line item(s) being proposed as part of their response to this eRFQ based on two purchase types: FTA Compliant & FTA Non-Compliant. DOAS has classified eighty-six (86) different public transit vehicle types as line items into Seven (7) distinct categories as follows: (1) Coach, (2) Transit, (3) Trolley, (4) Light Duty Cutaway Shuttle Buses, (5) Medium Duty Cutaway Shuttle Buses, (6) EOM ADA Mobility Vans, and (7) Other ADA Mobility Vans. The Cost Workbook (Attachment E-8) is also provided for Additional Options Listings. These specific vehicle line items were identified based on the types of vehicles purchased from the existing Statewide contract, a local entity contract, or other similar contracts.
Each Cost Workbook contains an lnstructions tab, a Glossary tab, and a Summary Tab that contains the Line- Item listings for that specific category; each Tab is described below:
. The lnstructions Tab provides a step-by-step guide for completing the cost worksheet. . The Glossary Tab provides a narrative description of column headings listed on the pricing sheet and other definitions for critical terms.
. The Summary Tab includes the line-item list for each vehicle requested within that category. The list is in the form of hypedinks that will take you to the cost worksheet for that vehicle. Each Cost Worksheet within each Cost Workbook also contains a hyperlink to the vehicle specifications document(s) for each vehicle type the State intends to make available for purchase pursuant to this eRFQ. Additionally, the Summary Tab provides a summary listing of all vehicle line items proposed, with the completion/noncompletion status.
Staiewide Contract eRFQ
Revised 31312021 23 of 30 SPD-SPO02
50 NOTE: Cost Sheef Tabs are activated when selecting each line-itent listing on the Summary Tab To be eligible for an award, Bidder(s) must, AT A MINIMUM, submit proposed pricing for ALL REQUIRED pricing elementsforatleastonevehiclelineitemwithinatleastone(1)category. TheREQUlREDsectionsof thecost worksheets are:
. Company Name
. Selections for FTA/Non-FTA,
. Selection for Fuel Source,
. Selection for Floor type
. Price for Delivery Charge per Mile,
. Price for Early Pay Discount
. Price for Warranty Labor Rate Per Hour,
. Vehicle Price
. Price for ALL Mandatory Priced Options
. Prices for Other Additional Options
Specific instructions associated with proposed pricing for ALL individual price elements for vehicle line items are provided in Section 5.2, "Cost Structure and Additional lnstructions," and Section 5.3, "Mass Transit Vehicles with Related Options, Equipment, and Accessories Cost Workbooks." The cost proposals will be evaluated and scored in accordance with Section 6, "Proposal Evaluation, Negotiations and Award."
5.1. General Pricing Rules
By submitting a response, the bidder agrees that it has read, understood, and will abide by the following instructions/rules:
1. The submitted pricing must include all costs of performing pursuant to the resulting statewide contract; and
2. Bids containing a minimum order/ship quantity or dollar value, unless otherwise called for in the eRFQ, will be treated as non-responsive and may not be considered for award; and
3. The bidder is required to provide net prices. ln the event there is discrepancy between a bidder's unit price and extended price, the unit price shall govern;
4. ln the event there is a discrepancy between (1) the bidder's pricing as quoted on an uploaded, detailed cost sheet such as an Excel Worksheet (if any) and (2) the bidder's pricing as quoted by the bidder in one or more single line entries directly into the Sourcing Event screen (for example, "Your Total Line Pricing" and/or "Your Unit Bid Price"), the former shall govern; and S. The prices quoted and listed in the response shall be firm throughout the term of the resulting statewide contract, unless othen¡yise noted in the eRFQ or statewide contract; and
6. Any cash discount offered to the State must be clearly identified in the bidder's response. ln the event the State is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly computed invoice indicating the discount, whichever occurs later; and
7. Unless othen¡vise specified in any terms and conditions attached to the eRFQ, all product deliveries will be F.O.B. destination and all shipping charges must be included in the quoted cost; and
B. Unless expressly permitted by the eRFQ, responses containing provisions for late or interest charges cannot be awarded a contract. Bidders must "strike through" any such provisions in printed forms and initial such revisions prior to submitting a response; and g. Responses containing prepayment and/or progress payment requirements may be determined non-responsive unless otherwise permitted by the eRFQ; and
10. Unless permitted by the eRFQ, responses requiring payment from the Authorized User in less than thirty (30) days will be considered non-responsive; and 1'1 . The State of Georgia is exempt from certain taxes and no provision for such taxes should be included in the bidder's response.
Statewide Contract eRFQ
Revised 31312021 24 of 30 SPD-SPOO2
51 5.2. Cost Structure and Additional lnstructions
DOAS' intent is to structure the cost format to facilitate comparison among all Bidders and foster competition to obtain the best market pricing. Consequently, DOAS requires each Bidder's cost to be structured as directed in the eRFQ. Additional alternative cost structures will not be considered. Each Bidder is hereby advised that failure to comply with the eRFQ instructions, submission of an incomplete offer, or submission of an offer in a different format than the one requested may result in the rejection of the Bidder's response.
Team Georgia MarketplacerM permits DOAS to Structure the Sourcing Event to allow the Bidder to enter pricing directly into the "Cost Worksheets" within each Cost Workbook, DOAS has attached eight (8) Cost Workbooks (Attachments E-1 through E-B) for the Bidder to download, complete and then upload as part of the Bidder's response. There is a cost workbook for each of the seven (7) categories (E1 through E-7) and a "Cost Workbook for Additional Options (E-B).
The primary cost structure for this eRFQ is based on a firm fixed unit price per line item for each vehicle being offered.
Download the Cost Workbooks, complete the Cost Worksheet for each vehicle being proposed, and then upload the workbook by following the instructions in Section 2.2.4 "Uploading Forms" of this eRFQ. Enter all information directly into the Cost Worksheet(s). Enter numbers on each tab (Cost Worksheet) of the Cost Workbook(s) in "number" (two-place decimal), not "currency" or another format unless othenrvise stated- That is, omit dollar signs, commas, and any other non-essential symbols (e.g., $7.90 should be entered as
7.gO). A value of zero (0) entered will be interpreted as "no cost". Prices must be in US Dollars. All pricing cells in the Cost Worksheet(s) should be completed by entering a pricing value for each cell. Cells left blank mav disqualifv vou from anv further award consideration' S.3 Cost Workbooks: Mass Transit Vehicles with Related Options, Equipment, and Accessories S.3.1 Mass Transit Vehicles with Related Options, Equipment, and Accessories Cost Workbooks, (Attachment E-1 Through E-7) and Additional Optidns (Attachment E-8) are provided to submit pricing for Busesfuans in their associated categories as follows:
Cost Workbook E-1. Coach Buses
Cost Workbook E-2: Transit Buses
Cost Workbook E-3: TrolleY Buses
Cost Workbook E-4: Light Duty Cutaway Shuttle Buses
Cost Workbook E-5: Medium-Duty Cutaway Shuttle Buses
Cost Workbook E-6: OEM/ADA Mobility Vans
Cost Workbook E-7: Other Mobility Vans
Cost Workbook E-8 Additional Options
S.3.2. Bidders may offer more than one brand per line item or two versions of the same brand, up to two buses per line item; however, the Bidder must be an Authorized Dealer for all brands they offer. Bidder should complete alt pricinq elements for each vehicle offered in the Cost Worksheets for each category/line item for each vehicle model that a Bidder desires to make available for sale pursuant to this eRFQ.
5.3.2.1. The Bidder is Required to:
(1) Review each "lnstructions Tab" for each Cost Workbook the Bidder wishes to submit; and Statewide Contract eRFQ
Revised 31312021 25 of 30 SPD-SPOO2
52 (2) Review each "Glossary Tab" for each Cost Workbook the Bidder wishes to submit; and (3) When ready to subntit priaing for a line lfern, Bidders clrck on the "Summary Tab"; and (4) On the Summary Tab, the Bidder clicks on the Hyperlink for the Line-ltem Bidders want to submit pricing for. (The hyperlink takes Bidder to the Pricing Tab for the Line-ltem selected); and (5) On the Summary Tab, the Bidder clicks on the "Specifications Hyperlink" to review or download the associated specifications. (Note: Bidder documents and submits deviations to the specification, if needed, on Attachment N and associafed Certification of Deviation Compliance on Attachment O.
5.3.2.2. Bidder is Required to Complete Pricing Tab(s) as follows:
(1) Bidder enters full Company Name as it appears on the Company W-9 form (2) Bidder selects " Fuel Propulsion Source" from the dropdown menu (3) Bidder selects " Floor Type" from the dropdown menu (4) Bidder enters a fixed unit price inclusive of all costs (i.e., profit, overhead, operating & administrative expenses, commissions, administrative fees, etc....) for the delivery charqe per ¡qiþ and
(5) Bidder enters a percentaqe for anv earlv or "prompt" pavment discount offered for pavments received within 20 davs (sta rd oavment terms are Net 30): , if the Bidder decides not to offer an Early Pay Discount, Bidder should enter a zero "0" in that pricing cell. and (6) Bidder enters a fixed unit price inclusive of all costs (i.e., profit, overhead, operating & administrative expenses, commissions, administrative fees, etc....) for the base model vehicle, and
(7) Bidder enters a fixed unit Eice inclusive of all costs (i.e., profit, overhead, operating & administrative expenses, commissions, administrative fees, etc....) for ALL Options identified in the "Mandatorv Options Pricinq" (Market Basket) section of the Cost Worksheet; and (B) Bidder enters a fixed unit price inclusive of all costs (i.e., profit, overhead, operating & administrative expenses, commissions, administrative fees, etc....)for Options identified in the "Other Available Ootions " oricinq section of the Cost Worksheet: Cost entered in this section can be selected, via the drop-down menu, to identify the amount entered as an Upcharge, a Credit, or as a Straight Charge; and
(g) Cost Worksheet E-B is provided as a convenience that allows bidders to expand the list of ootions offered for each line item lSee ltem 18) above)
5.4. Price Escalations/De-escalation and Product Offering Supplier pricing must remain firm for 1 year from the date of the award. Price increase requests will be reviewed on an annual basis after the twelfth (12) month of the contract renewal. Suppliers are limited to one (1) price increase request per year. lf price increase requests are submitted, the below-mentioned price increase methodology will be used to determine any price adjustments. lncrease(s) will not exceed the average percentage increase as shown for the previous twelve (12) month period for the US Department of Labor ProducerPricelndex(PPl),serieslDNumber: WPUI4l3forTruckandBusBodies WPU14ll06forCutaways over 14,000 lbs. Gross Vehicle Weight Ratio (GVWR) WPU141105 for Minivans located at the PPl, Federal Reserve Economic Data (FRED) website at https://data.bls.gov/ Temporary data will not be used in the evaluation. ln the event, the increase request exceeds the increase amount allowed by the PPl, the Supplier(s) must provide strong justification and invoices from the manufacturer to substantiate. The State must be notified at least ninety (90) days in advance prior to any price change, and the Supplier must have the State's approval before any such change may be implemented.
DOAS expects any market reductions to be passed along to the State. lf the PPI Series lD reflects a decrease of two percent (2%) or greater for the previous 12 months of activity, prices may be reduced to the State Statewide Contract eRFQ
Revised 31312021 26 of 30 SPD-SPO02
53 accordingly on an annual basis, and the Bidder(s) will be notified no less than 30 days in advance. Bidder agrees and will comply with this section.
6.0. Evaluation and Award
All timely responses will be evaluated in accordance with the following steps. The objective of the evaluation process is to identify the most competitive bid(s) for each line item in each category. DOAS may elect to request Best and Final Offers (BAFO) during the evaluation process. Once the evaluation process has been completed, the apparent successful supplie(s) will be required to enter into discussions with DOAS to resolve any exceptions to DOAS' statewide contract. DOAS will announce the results of the eRFQ as described further in Section 6 7 "Public Award Announcement."
6.1. Administrative/Preliminary Review
First, the responses will be reviewed by the lssuing Officer to determine compliance with the following requirements :
1. Response was submitted by deadline via Team Georgia MarketplacerM
2. Response is complete and contains all required documents
6.2. Evaluating Bid Factors (Section 4)
lf the bidder's response passes the Administrative/Preliminary Review, the bidder's responses to Section 4 "eRFQ Bid Factors" will be submrtted to the Evaluation Team for evaluation. The Evaluation Team will review each response in detail to determine its compliance with mandatory eRFQ requirements.
Responses to mandatory requirements will be evaluated on a pass/fail basis. lf a response fatls to meet a mandatory requirement, DOAS/the State's Evaluation Team will determine if the deviation is material. A material deviation will be cause for rejection of the response. An immaterial deviation will be processed as if no deviation had occurred.
6.3. Evaluating Cost
6.3.1. Submitted pricing will be evaluated at the line-item level within each category relative to other responses/bids.
6.3.2. To expedite the evaluation process, DOAS reserves the right to analyze pricing independently, but at the same time, the Evaluation Team is analyzing Bidders' compliance with the mandatory requirements.
DOAS will utilize a weiqhted "Total Evaluated Cost" to determine the most competitive pricing at each l;ine- item. Although the evaluated factors in the Weighted Total Evaluated Cost are Vehicle Bid Price, Delivery Price Per Mile, the summation of the Mandatory Priced Options, and the Early Pay Discount, DOAS will not disclose the weighted percentages of each.
6.3.3 ln the event DOAS elects to consider awarding to more than one Bidder per line item, DOAS will identify Bidder's pricing with the next lowest weighted "Total Evaluated Cost(s)", which will be utilized to determine possible multiple awards per line item to get the variety of and types of buses needed for Authorized Users in Georgia and across all states. As stated in paragraph 1.1 these contracts will be available to other state's entities and their political subdivisions. Specifically, DOAS may elect to award to the two (2) or more lowest bids per line item as determined by their weighted "Total Evaluated Cost(s)" when it is determined to be in the best interest of the State.
6.3.3.1 Georgia Enterprises for Products and Services (GEPS) The preference provided by State Use Law set forth at O.C.G.A. 50-5-135 et seq. is not applicable as GETS does not manufacture transit vehicles.
6.3.3.2. Georgia Based Business/Reciprocal Preference Law O.C.G.A. 550-5-60(b) Statewide Contract eRFQ
Revised 31312021 27 of30 SPD-SPOO2
54 As stated in Section 1, the sale of public transit vehicles to Authorized Users that are funded in whole or in parl by grants from the FTA are subject to unique requirements, certifications, and terms/conditions for third-party contracts as detailed in the FTA Master Agreement (Attachment J), FTA Requirements and Clauses (Attachment K), FTA Required Certification Forms (Attachment L), FTA Circular 4220.1, Third Party Contracting Guidance (Attachment S), and the FTA Form CER 10 (Attachment M). The FTA Master Agreement, Attachment J, section 16, paragraph (e) prohibits geographic preferences on FTA-funded projects, with no special dispensation based on economic circumstances. FTA requirements take precedence over state or local laws on this issue.
6.4. Selection and Award
DOAS reserves the right to: (a) waive minor irregularities, variances or non-material defects in a response, (b) reject any and all responses, in whole or in part; (c) request clarifications from bidders; (d) request resubmissions from all bidders; and (e)take any other action as permitted by law.
Any contract award(s) resulting from the eRFQ will be made to the lowest priced weighted "Total Evaluated Cost" responsive and responsible Suppliers meeting all specifications and with whom DOAS has reached agreement on all contract terms and conditions. DOAS reserves the right to select one or more Supplier(s) for award and to award all items to one or more Suppliers per line item when to do so is in the best interests of the State of Georgia.
6.5. Site Visits and Oral Presentations
DOAS reserves the right to conduct site visits, request product/work samples, or to invite bidders to present their product/service solution to the Evaluation Team.
6.6. Public Award Announcement
The preliminary results of the evaluation will be announced through the public posting of a Notice of lntent to Award (in the event the value of the contract(s) is estimated to be $100,000 or more in the first year)to the Georgia Procurement Registry. The Notice of lntent to Award ("NO|A') is not notice of an actual contract award; instead, the NOIA is the notice of DOAS' expected contract award(s) pending resolution of the protest process. The NOIA (if any) will identify the apparent successful supplie(s), unsuccessful bidder(s), and the reasons why any unsuccessful bidders were not selected for contract award. NO
BIDDER SHOULD ASSUME PERSONAL NOTICE OF THE NOTICE OF INTENT TO AWARD (''NOIA') WILL BE PROVIDED BY DOAS. INSTEAD, ALL BIDDERS SHOULD FREQUENTLY CHECK THE GEORGIA PROCUREMENT REGISTRY FOR NOTICE OF THE NOIA.
The Notice of Award ("NOA') is DOAS' public notice of actual contract award(s). The NOA will be publicly posted to the Georgia Procurement Registry.
Suppliers that currently maintain one or more statewide contracts with the Georgia Department of Administrative Services are required to be compliant with the terms and conditions of their current agreement(s) with the State. This includes meeting all quarterly reporting and administrative fee submission requirements. DOAS will not award the resulting statewide contract to a supplier that is failing to meet its current statewide contract obligations
7. Contract Terms and Conditions
The statewide contract that DOAS expects to award as a result of this eRFQ will be based upon the eRFQ, the successful bidder's final response as accepted by DOAS and the contract terms and conditions, which terms and conditions can be downloaded from the Sourcing Event. The "successful bidder's final response as accepted by DOAS' shall mean: the response submitted by the bidder, written clarifications, and any other terms deemed necessary by DOAS, except that no objection or amendment by the bidder to the eRFQ requirements or the contract terms and conditions shall be incorporated by reference into the statewide contract unless DOAS has explicitly accepted the bidder's objection or amendment in writing.
Statewide Contract eRFQ
Revised 31312021 28 of 30 SPD-SPOO2
55 Please review DOAS' statewide contract terms and conditions prior to submitting a response to this eRFQ.
Suppliers should plan on the contract terms and conditions contained in this eRFQ being included in any award as a result of this eRFQ. Therefore, all costs associated with complying with these requirements should be included in any pricing quoted by the suppliers. The contract terms and conditions may be supplemented or revised before contract execution and are provided to enable suppliers to better evaluate the costs associated with the eRFQ and the potential resulting statewide contract.
Exception to Contract
By submitting a response, each bidder acknowledges its acceptance of the eRFQ specifications and the contract terms and conditions without change except as otherwise expressly stated in the bidder's submitted response. lf the bidder takes exception to a contract provision, the bidder must state the reason for the exception and state the specific contract language it proposes to include in place of the provision. Any exceptions to the statewide contract must be redlined with comments explaining the rationale for the proposed revision, uploaded and submitted as part of the bidder's response. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements specified in the eRFQ. Proposed exceptions should be in compliance with Georgia law.
For further information regarding contracting with entities subject to DOAS purview, please see SPD-SP060 "Contracting with State Entities" provided as Attachment O in this solicitation and located at http://doas.ga.qov/state-purchasinq/seven-staqes-of-procurement/staqe-3-solicitation-preparation#. ln the event the bidder is selected for a potential award, the bidder will be required to enter into discussions with DOAS to resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved within the period identified in the schedule of events. Failure to resolve any contractual issues will lead to the rejection of the bidder. DOAS reserves the right to proceed to discussions with the next best-ranked bidder.
DOAS reserves the right to modify the statewide contract to be consistent with the apparent successful offer, and to negotiate other modifications with the apparent successful supplier. Exceptions that materially change the terms or the requirements of the eRFQ may be deemed non-responsive by DOAS, in its sole discretion, and rejected. Contract exceptions which grant the bidder an impermissible competitive advantage, as determined by DOAS, in its sole discretion, will be rejected. lf there is any question whether a particular contract exception would be permissible, the bidder is strongly encouraged to inquire via written question submitted to the lssuing Officer prior to the deadline for submitting written questions as defined by the Schedule of Events.
L List of eRFQ Attachments
The following documents make up this eRFQ. Please see Section 2.2.2 "eRFQ Review" for instructions about how to access the following documents. Any difficulty locating or accessing the following documents should be immediately reported to the lssuing Officer.
A. Attachment A: eRFQ (this document)
B. Attachment B: Public Mass Transit Program Requirements Document C. Attachment C: Additional Federal Terms and Conditions Related to FTA Vehicles D. Attachment D: Mandatory Response Worksheet (Reference Section 4) E. Attachment E. Cost Workbook with Links to Technical Specifications (Reference Section 5) Attachment E-1: Cost Workbook for Coach Buses
Attachment E-2: Cost Workbook for Transit Buses
Attachment E-3: Cost Worksheet for Trolleys
Attachment E-4: Cost Workbook for Light Duty Cut-Away Buses Attachment E-5: Cost Workbook for Medium Duty Cut-Away Buses Attachment E-6: Cost Workbook for OEM ADA Mobility Vans Attachment E-7: Cost Workbook for Other ADA Mobility Vans Attachment E-8: Additional Options Cost Workbook
F. Attachment F: Statewide Contract Terms and Conditions (Reference Section 7) G. Attachment G: Contract Excepiions Form (Reference Section 7) H. Attachment H. Bidder Questions and Answers Form
Statewide Contract eRFQ
Revised 31312021 29 of 30 SPD-SPOO2
56 l. Attachment l:
J. Attachment J.
K. Attachment K:
L. Attachment L:
M. Attachment M
N. Attachment N:
O. Attachment O.
P Attachment P.
Q. Attachment Q:
R Attachment R:
S. Attachment S:
T. Attachment T:
U. Attachment U:
V. Attachment V:
Supplier Quarterly Sales Report Template (Reference Section 3) FTA Master Agreement (For FTA vehictes only)
FTA Requirements and Clauses (For FTA vehicles only)
FTA Required Certification Forms (For FTA Vehicles only) FTA Form CER 10 (For All Vehicles )
Supplier Specification Deviations Document
Certification of Specification Deviation Compliance
Certificate of Non-Collusion
SPD-SP060 "Contracting with State Entities"
SPD-SP044 Sample Trade Secret Affidavit
FTA Circular 4220.1F Third Party Contracting Guidance
Things to Remember when Responding to Bids
Document Upload Checklist
Mass Transit Data Security Terms and Conditions
Statewide Contract eRFQ
Revised 31312021 30 of 30 SPD-SPOO2
57 Vendor lnformation Sheet
Ventlor Name: Hometown Manufacturi lnc.
Contract Information
Statewide Contract
Number
99999-SPD-SPDOOOO212-OOO2, FTA, Non-FTA
Transit Buses; FTA, Non-FTA Trolley Buses
Location CodePeopleSoft Vendor
Number 0000660954
Vendor Name & Address
Hometown Manufacturing, inc
750 Industrial Parkway
Crandon, Wisconsin 54520
Donavan Hickman
donova n @ hometown - mfq, com
715-BB9-0180
Contract Admin istrator
Contact Details
Ordering
Information
See Ordering Instructions in this document
Contocl Hometown Monufocturing of Zl5-301-0149 or 715-
BB9-0r B0
Remitting
Information
Hometown Manufacturing, inc
750 Industrial Parkway
Crandon, Wisconsin 54520
Delivery
Days
Delivery times will be agreed upon between vendor
and buyer at time of order.
Discounts Customer may request volume discounts
Payment
Terms Net 30 days
Bid Offer
includes State and Local Government
Acceptable
payment
method
Purchase Orders
6 58
The contract includes Coach Buses, Transit Buses, Trolley Buses, Light Duty Cutaway Buses, Medium Duty Cutaway buses, Original Equipment Manufacturer (OEM)Mobility Vans and Other Mobility Vans used in transit applications. There are Electric Vehicles in all categories. It also includes alternatively fueled vehicles, new technology vehicles, and incorporates green initiatives in both bus design and manufacture.
This contract includes many FTA compliant vehicles. The FTA compliance signed documentation is available for download for those considering purchasing FTA Vehicles.
This á la carte style, competitively bid contract provides great flexibility and creates the opportunity for buyers to quickly customize their purchase to meet their individual requirements and subsequently place orders. This cutting-edge approach creates tremendouscost and time saving efficiencies in the transit bus buying process for both the supplier and buyer. Another feature is, at each year renewals, additional vendors or products may be added to the contract.
\
13 59
Special Terms and Conditions:
Customers may require special terms and conditions based on local requirements. These requirements should be coordinated with the vendor and if mutually agreed upon, must be documented on the Purchase Order (PO), If applicable, vendor may add cost of the additional requirements to the quoted cost. Notify State Purchasing Division (SPD) to verify/validate the additional costs at the verification step by SPD.
t4
60 Contract Changes/ Renewals / Extensions:
Base Term: 2 Years 71L/2023-6/3012028
Three (3)One (L)Year Renewals
15 61
Ordering Instructions:
This contract offers Federal Transit Administration (FlA) compliant buses and non-FTA complaint buses. FTA compliant buses may be purchased as a non- compliant FTA bus as well. The contract offers the completed FTA compliance documentation submitted and certified by the suppliers. FTA requirements and Clauses, Altoona Test Results and other federally required documents are available for those buses bid as FTA buses.
The contract is an "Ala Carte" style contract and ordering procedure.
Customers can save money and tremendous time efficiencies when purchasing buses from this contract. Customers may purchase a base bus or may elect to build their bus by selecting their options from an à la carte menu of required and additional optional items. Customer will identify which of the purchase suppliers/buses/options best meets thei r requirements.
This Contract is an "Informational Only" contract in Team Georgia Marketplace (TGM). This means information and pricing is displayed in TGM but the transactions do not go thru TGM.
The following steps should be followed when ordering a bus from this contract:
. Customers should determine their requirements and ensure that they meet their specifications or agree with the deviations for their specifications. The suppliers have submitted their Deviations to the specifications.
. Customer will identify which of the buses/suppliers/ options best meets their requirements. A listing of the Base Bus Pricing and link to Suppliers information and offerings, i.e. Warranty, specifications deviations, ffA compliance documentation, etc.).
. Options can be added to base bus selections.
. Compare vendor offerings and pricing,
. Review warranty provisions and determine if extended warranty terms should be purchased elect desired vendor and purchase option based on the best purchase value (price, compatibility with existing fleet, current infrastructure support, etc.).
, Contact vendor and identify yourself as an Authorized User of State of Georgia Public Mass Transit Statewide Contract,
. Ask Suppliers to provide you a quote based on the established pricing. . Compare vendor pricing against the contract price'
. Confirm delivery date and method.
. Issue purchase order or other order agreement and include delivery requirements.
16 62
Ordering Instructions
I7
63 Specifications
Specifications can be viewed and downloaded at
https ://doas.sa.sov/state-purchasi ng 22-mass-tra nsit-ve hicles-specifications 1B
64 NIGP Codes:
55610 Bus Transit, Articulated
55615 Bus Transit, 2 Door
55620 Bus Transit, Electric
55630 Bus, Mini Conversion (Cutaway)
55640 Bus Transit, Handicap (Mobility)
55650 Bus Transit, Single Door
55660 Bus Transit, Touring Conventional
55585 Trolley Transit, Rubber Tired Compressed National gas 07t91 Vans, Customized
07L92 Vans, Passenger, Regular and Handicapped Equipped (Mobility) 19 65
DOAS Contract Manaqer for the State
Manager Name: Rachael Allen
Phone: 404-463'4fJ32
Email: rachael.allen doas.sa.sov
DOAS Issuino Officer for the State
Buyer Name: Billy Gilbert
Phone: 404-657-4277
Email : billy. gilbert@doas. ga.qov
20 66
DocuSign Envelope lD: CD4FF9D4-4492-4525-AC7 1 -E84D78989885 State of Georgia
Statewide Standard Contract Form
Sol¡citat¡on Title Solicitation Number
Public Mass Transit Vehicles and Related Options, 99999-5PD00002'12 Conlract Number
99999-SPD-SPD000021 2-0002
¡s entered into between the Aqencv and the named below:
Agency's Name
Department of Admin¡strative Services
(hereafter called Aoencv)
Contractor's Name
Hometown Manufacturing lnc.
(hereafler called Contractor)
2. Contract to Begin:
1 July 2023
Date of Completion:
30 June 2025
Renewals:
Three (3) one (1) year renewals
3. Performance Bond. if any:
N/A
Other Bonds, ¡f any;
N/A
4. Authorized Person to Receive Contract Notices for Agency:
contract. manageme nt@d oas. g a. gov
Authorized Person lo Rece¡ve Contract Notices for Contractor:
Donovan H¡ckman, [email protected]
7l 5-889-01 80
5. The parties agree to comply with lhe terms and cond¡tions of the following attachments which are by this reference made a part of the Statewide Conlract:
Attachment 1: Statew¡de Contract for Goods and Ancillary Serv¡ces Attachmenl 2: Solicitation (referenced above)
Attachment 3: Contractor's Final Response
lN WITNESS WHEREOF. th¡s Contract has been executed bv the barties hêreto-
6. Contractor
Conlractor's Name (lf other than an individual, state whether a corporation, pañnership, etc.) Hometown Manufacturing lnc.
By (Authorized Signature)
ÐuørnnSklnat
Prinled Name and T¡tle Person S ing
Donovan Hickman, National Sales
Date
1 July 2023
Address
750 lndustrial Park Way, Crandon, Wl 54520
7 Agencv
Agency Name
Department of Admin¡strative Services
By (Authorized' Ji*
Date Signed
,IJ 2023
Pr¡nted Name and Title Signing
Jim Barnabv. DeDutv Comm¡ssioner, State Purchasinq
Address
200 P¡edmont Avenue. S.E., Ste 1804. West Tower, Atlanta, Iìcr isetl 07106i l6
30334-901 0
s l)l)-s l)(x)6
67 DocuSign Envelope lD: CD4FF gD4-4492-452s-AC7 1 -EEAD789898Bs
STATE OF GEORGIA
STATEWIDE CONTRACT
Attachment 1
Contract Terms and Conditions for Goods and Ancillary Services A. DEF¡NlTIONS AND GENERAL INFORMATION
'1. Definitions. The following words shall be defined as set forth below (¡) "Agency" means the Department of Administrative Services of the State of Georgia (¡¡) "Awarded ltem Schedule" means the summarizing document, if any, listing the goods and services as awarded and may also denote the Contractor providing such goods and services.
( ¡¡¡) "Contract" or "Statewide Gontract" means the agreement between the Agency and the Contractor as defined by the Statewide Contract Form and its incorporated documents.
(¡v) "Contractor" means the provide(s) of the goods and services under the Statewide Contract.
"Purchase lnstrument" means the documentation issued by the Agency or User Agencies to the Contractor for a purchase of goods and services in accordance with the terms and conditions of the Statewide Contract. The Purchase lnstrument should reference the Statewide Contract and may include an identification of the items to be purchased, the delivery date and location, the address where the Contractor should submit the invoices, and any other requirements deemed necessary by the Agency or User Agencies.
(vi) "Response", "Contractor's Response"
Contractor's submitted response to the
clarifications accepted by the Agency.
or "Final Response" means
RFX, including any modifications
the
or
(v)
(vii)
(viii)
(¡x)
"RFX" means the Request for Proposal, Request for Bid, or other solicitation document (and any amendments or addenda thereto) specifically identified in the Statewide Contract Form that was issued to solicit the goods and/or services that are subject to the Statewide Contract.
"State" means the State of Georgia, the Agency, User Agencies, and any other authorized state entities issuing Purchase lnstruments against the Statewide Contract. "Statewide Contract Form" means the document that contains basic information about the Statewide Contract and incorporates by reference the applicable Contract Terms and Conditions, the RFX, Contractor's Response to the RFX, the final pricing documentation for goods and services and any mutually agreed clarifications, modifications, additions and deletions resulting from final contract negotiations. No objection or amendment by a Contractor to the RFX requirements or the Statewide Contract shall be incorporated by reference into this Statewide Contract unless the Agency has accepted the Contractor's objection or amendment in writing. The Statewide Contract Form is defined separately and referred to separately throughout the Statewide Contract Terms and Conditions as a means of identifying the location of 2Revised 07ljd16 SPD.SPOO6
68 DocuSign Envelope lD: CD4F F9D4-A492-452s-AC71 -EEAD78989885 (x)
certain information. For example, the initial term of the Statewide Contract is defined by the dates in the Statewide Contract Form.
"User Agency" or "USer Agencies" means any officeS, agenCieS, departmentS, boards, bureaus, commissions, institutions, or other entities of the State of Georgia entitled to or required to make purchases from this Statewide Contract. 3 4.
2. Certified Source of Goods and Services. Pursuant to Section 50-5-57 of the Official Code of Georgia Annotated (O.C.G.A.), the Agency hereby certifies the Contractor as a source of supply to the User Agencies of the goods and services identified in this Statewide Contract.
Ordeis shall be placed individually and from time to time by the User Agencies. The execution of this Statewide Contract only establishes the Contractor as an authorized source of supply by the Agency and creates no financial obligation on the part of the Agency.
Priority of Contract Provisions. Any pre-printed contract terms and conditions included on Contractor's forms or invoices shall be null and void.
Reporting Requirements. Contractor shall provide all reports required by the RFX. ln adáition, unless otherwise provided in the RFX, Contractor shall keep a record of the purchases made pursuant to the Statewide Contract and shall submit a quarterly written report to the Agency.
B. DURATION OF CONTRACT
1 Contract Term. The Statewide Contract shall begin and end on the dates specified in the Statewide Contract Form unless terminated earlier in accordance with the applicable terms and conditions. Pursuant to O.C.G.A. Section 50-5-64, this Statewide Contract shall not be deemed to create a debt of the State for the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal.
Contract Renewal. The Agency shall have the option, in its sole discretion, to renew the Statewide Contract for additionalterms on a year-to-year basis by giving the Contractor written notice of the renewal decision at least sixty (60) days prior to the expiration of the initial term or renewal term. Renewal will depend upon the best interests of the State, funding, and Contractor's performance. Renewal will be accomplished through the issuance of a Notice of Award Amendment. Upon the Agency's election, in its sole discretion, to renew any part of this Statewide Contract, Contractor shall remain obligated to perform in strict accordance with this Statewide Contract unless otherwise agreed by the Agency and the Contractor.
2. 3. Contract Extension. ln the event that this Statewide Contract shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified goods and services, the Agency may, with the written consent of Contractor, extend this Statewide Contract for such period as may be necessary to afford the State a continuous supply of the identified goods and servlces.
C. DESCRIPTION OF GOODS AND SERVICES
Specifications in Bidding Documents. The Contractor shall provide all goods, services, and oiher deliverables in compliance with the specifications contained in the RFX and the terms of the Statewide Contract, plus those equipment, services and deliverables as may additionally be described in the Response.
,l
JRevised 07106116 SPD-SPO06
69 DocuSign Envelope lD: CD4FF9D4-4A92-4525-AC7 1 -EEAD78989885 Product Shipment and Delivery. All products shall be shipped F.O.B. destination.
Destination shall be the location(s) specified in the RFX or any provided Purchase lnstrument.
All items shall be at the Contractor's risk until they have been delivered and accepted by the receiving entity. All items shall be subject to inspection on delivery. Hidden damage will remain the responsibility of the Contractor to remedy without cost to the User Agencies, regardless of when the hidden damage is discovered.
3. Non-Exclusive Rights. The Statewide Contract is not exclusive. The Agency reserves the right to select other contractors to provide goods and services similar to goods and services described in the Statewide Contract during the term of the Statewide Contract. User Agencies may obtain similar goods and services from other contractors upon prior approval of the Agency, which approval shall be made at the sole discretion of the Agency when it is deemed to be in the best interests of the State, and shall be conclusive.
No Minimums Guaranteed. The Statewide Contract does not guarantee any minimum level of purchases.
D. COMPENSATION
Pricing and Payment. The Contractor will be paid for the goods and services sold pursuant to the Statewide Contract in accordance with the RFX and final pricing documents as incorporated into the Statewide Contract Form and the terms of the Statewide Contract.
Unless clearly stated othen¡¿ise in the Statewide Contract, all prices are firm and fixed and are not subject to variation. Prices include, but are not limited to freight, insurance, fuel surcharges and customs duties. User Agencies are solely and individually financially responsible for their respective purchases.
Billings. lf applicable, and unless the RFX provides othen¡uise, the Contractor shall submit, on a regular basis, an invoice for goods and services supplied to the User Agencies under the Statewide Contract at the billing address specified in the Purchase lnstrument or Statewide Contract. The invoice shall comply with all applicable rules concerning payment of such claims. User Agencies shall pay all approved invoices in arrears and in accordance with applicable provisions of State law.
Unless otherwise agreed in writing by the Agency and the Contractor, the Contractor shall not be entitled to receive any other payment or compensation from the User Agencies for any goods or services provided by or on behalf of the Contractor under the Statewide Contract.
The Contractor shall be solely responsible for paying all costs, expenses and charges it incurs in connection with its performance under the Statewide Contract.
Delay of Payment Due to Contractor's Failure. lf the User Agencies in good faith determine that the Contractor has failed to perform or deliver any service or product as required by the Statewide Contract, the Contractor shall not be entitled to any compensation under the Statewide Contract until such service or product is performed or delivered. ln this event, the User Agencies may withhold that portion of the Contractor's compensation which represents payment for services or products that were not performed or delivered.
4. Set-Off Against Sums Owed by the Contractor. ln the event that the Contractor owes the User Agency any sum or the User Agency must obtain substitute performance, the User Agency may set off the sum owed against any sum owed by the User Agency to the Contractor.
2 4
1 2
3 4Revised 07106116 SPD-SP006
70 DocuSìgn Envelope lD: CD4FF9D4-AA92-4525-4C71-EE4D78989885 E. TERM]NATION
lmmediate Termination. Pursuant to O.C.G.A. Section 50-5-64, any purchase made pursuant to this Statewide Contract will terminate immediately and absolutely if the User Agency determines that adequate funds are not appropriated or granted or funds are de- appropriated such that the User Agency cannot fulfill its obligations under the Statewide Contract, which determination is at the User Agency's sole discretion and shall be conclusive.
Further, the Agency may terminate the Statewide Contract for any one or more of the following reasons effective immediately without advance notice:
(¡) ln the event the Contractor is required to be certified or licensed as a condition precedent to providing goods and services, the revocation or loss of such license or certification may result in immediate termination of the Statewide Contract effective as of the date on which the license or certification is no longer in effect; (¡¡) The Agency determines that the actions, or failure to act, of the Contractor, its agents, employees or subcontractors have caused, or reasonably could cause, life, health or safety to be jeopardized;
The Contractor fails to comply with confidentiality laws or provisions; and/or The Contractor furnished any statement, representation or certification in connection with the Statewide Contract or the bidding process which is materially false, deceptive, incorrect or incomplete.
1 ( ¡i¡)
(¡v)
2. Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for the Agency to declare the Contractor in default of its obligations under the Statewide Contract:
(¡) The Contractor fails to deliver or has delivered nonconforming goods or services or fails to perform, to the Agency's satisfaction, any material requirement of the Statewide Contract or is in violation of a material provision of the Statewide Contract, including, but without limitation, the express warranties made by the Contractor; ( ¡¡) The Agency determines that satisfactory performance of the Statewide Contract is substantially endangered or that a default is likely to occur; ( iii) The Contractor fails to make substantial and timely progress toward performance of the Statewide Contract;
(¡v) The Contractor becomes subject to any bankruptcy or insolvency proceeding under federal or state law to the extent allowed by applicable federal or state law including bankruptcy laws; the Contractor terminates or suspends its business; or the Agency reasonably believes that the Contractor has become insolvent or unable to pay its obligations as they accrue consistent with applicable federal or state law; (v) The Contractor has failed to comply with applicable federal, state and local laws, rules, ordinances, regulations and orders when performing within the scope of the Statewide Contract,
(v¡) The Contractor has engaged in conduct that has or may expose the Agency or the State to liability, as determined in the Agency's sole discretion; or 5Rev¡sed 07106116 SPD-SPO06
71 DocuSign Envelope lD: CD4FF9D4-4492-452s-AC7 1 -EEAD78989885 (vii) The Contractor has infringed any patent, trademark, copyright, trade dress or any other intellectual property rights of the Agency, the State, or a third party.
Notice of Default. lf there is a default event caused by the Contractor, the Agency shall provide written notice to the Contractor requesting that the breach or noncompliance be remedied within the period of trme specified in the Agency's written notice to the Contractor. lf the breach or noncompliance is not remedied withtn the period of time specified in the written notice, the Agency may:
(i) lmmediately terminate the Statewide Contract without additional written notice; and/or (ii) Procure substitute goods or services from another source and charge the difference between the Statewide Contract and the substitute contract to the defaulting Contractor; and/or,
( ¡¡i) Enforce the terms and conditions of the Statewide Contract and seek any legal or equitable remedies.
Termination Upon Notice. Following thirty (30) days' written notice, the Agency may terminate the Statewide Contract in whole or in part without the payment of any penalty or incurring any further obligation to the Contractor. Following termination upon notice, the Contractor shall be entitled to compensation from the User Agency, upon submission of invoices and proper proof of claim, for goods and services provided under the Statewide Contract to the User Agencies up to and including the date of termination.
5. Termination Due to Change in Law. The Agency shall have the right to terminate this Statewide Contract without penalty by giving thirty (30) days' written notice to the Contractor as a result of any of the following:
(i) The Agency's authorization to operate is withdrawn or there is a material alteration in the programs administered by the Agency, and/or
(¡¡) The Agency's duties are substantially modified
6 Payment Limitation in Event of Termination. ln the event of termination of the Statewide Contract for any reason by the Agency, the User Agencies shall pay only those amounts, if any, due and owing to the Contractor for goods and services actually rendered up to the date specified in the notice of termination for which the User Agencies are obligated to pay pursuant to the Statewide Contract or Purchase lnstrument. Payment will be made only upon submission of invoices and proper proof of the Contractor's claim. This provision in no way limits the remedies available to the State under the Statewide Contract in the event of termination. The State shall not be liable for any costs incurred by the Contractor in its performance of the Statewide Contract, including, but not limited to, startup costs, overhead or other costs associated with the performance of the Statewide Contract. 7 The Contractor's Termination Duties. Upon receipt of notice of termination or upon request of the Agency, the Contractor shall:
(i) Cease work under the Statewide Contract and take all necessary or appropriate steps to limit disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing the status of all work under the Statewide Contract, including, without limitation, results accomplished, conclusions resulting therefrom, and any other matters the Agency may require; 3 4.
6Revised 07106116 SPD-SP006
72 DocuS¡gn Envelope lD: CD4FF9D4-4492-452s-AC71-8E4D78989885 (ii) lmmediately cease using and return to the State, any personal property or materials, whether tangible or intangible, provided by the State to the Contractor; (¡¡i) Comply with the State's instructions for the timely transfer of any active files and work product produced by the Contractor under the Statewide Contract; (iv) Cooperate in good faith with the Agency, the User Agencies, and their employees, agents and contractors during the transition period between the notification of termination and the substitution of any replacement contractor; and (v) lmmediately return to the User Agencies any payments made by the User Agencies for goods and services that were not delivered or rendered by the Contractor.
F. CONFIDENTIAL INFORMATION
Access to Confidential Data. The Contractor's employees, agents and subcontractors may have access to confidential data maintained by the State to the extent necessary to carry out the Contractor's responsibilities under the Statewide Contract. The Contractor shall presume that all information received pursuant to the Statewide Contract is confidential unless othenruise designated by the State. lf it is reasonably likely the Contractor will have access to the State's confidential information, then:
(¡) The Contractor shall provide to the State a written description of the Contractor's policies and procedures to safeguard confidential information; (ii) Policies of confidentiality shall address, as appropriate, information conveyed in verbal, written, and electronic formats;
( ¡¡¡) The Contractor must designate one individual who shall remain the responsible authority in charge of all data collected, used, or disseminated by the Contractor in connection with the performance of the Statewide Contract; and The Contractor shall provide adequate ,up"ruìrion and training to its agents, employees and subcontractors to ensure compliance with the terms of the Statewide Contract.
(¡v)
The private or confidential data shall remain the property of the State at all times. Some services performed for the Agency and/or User Agencies may require the Contractor to sign a nondisclosure agreement. Contractor understands and agrees that refusal or failure to sign such a nondisclosure agreement, if required, may result in termination of the Statewide Contract.
No Dissemination of Confidential Data. No confidential data collected, maintained, or used in the course of performance of the Statewide Contract shall be disseminated except as authorized by law and with the written consent of the State, either during the period of the Statewide Contract or thereafter. Any data supplied to or created by the Contractor shall be considered the property of the State. The Contractor must return any and all data collected, maintained, created or used in the course of the performance of the Statewide Contract, in whatever form it is maintained, promptly at the request of the State. 1 2
Revised 07106116 7 SPD.SPO06
73 DocuSign Envelope lD: CD4FFgD4-4492-4525-4C71 -EEAD78989885
3. Subpoena. ln the event that a subpoena or other legal process is served upon the Contractor for records conta¡ning confidential information, the Contractor shall promptly notify the State and cooperate with the State in any lawful effort to protect the confidential information.
4. Reporting of Unauthorized Disclosure. The Contractor shall immediately report to the State any unauthorized disclosure of confidential information.
5. Survives Termination. The Contractor's confidentiality obligation under the Statewide Contract shall survive termination of the Statewide Contract.
G. ¡NDEMNIFICATION
1. Contractor's lndemnification Obligation. The Contractor agrees to indemnify and hold harmless the State and State officers, employees, agents, and volunteers (collectively, "lndemnified Parties") from any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments, including reasonable value of the time spent by the Attorney General's Office, related to or arising from:
(¡) Any breach of the Statewide Contract;
(¡¡) Any negligent, intentional or wrongful act or omission of the Contractor or any employee, agent or subcontractor utilized or employed by the Contractor; (¡¡¡) Any failure of goods to comply with applicable specifications, warranties, and certifications under the Statewide Contract;
(¡v) The negligence or fault of the Contractor in design, testing, development, manufacture, or otherwise with respect to the goods or any parts thereof provided under the Statewide Contract,
(v) Claims, demands, or lawsuits that, with respect to the goods or any parts thereof, allege product liability, strict product liability, or any variation thereof; (vi) The Contractor's performance or attempted performance of the Statewide'Contract, including any employee, agent or subcontractor utilized or employed by the Contractor; (vii) Any failure by the Contractor to comply with the "Compliance with the Law" provision of the Statewide Contract;
(viii) Any failure by the Contractor to make all reports, payments and withholdings required by federal and state law with respect to social security, employee income and other taxes, fees or costs required by the Contractor to conduct business in the State of Georgia or the United States;
(¡x) Any infringement of any copyright, trademark, patent, trade dress, or other intellectual property right, or
(x) Any failure by the Contractor to adhere to the confidentiality provisions of the Statewide Contract.
2. Duty to Reimburse State Tort Claims Fund. To the extent such damage or loss as covered by this indemnification is covered by the State of Georgia Tort Claims Fund ("the Fund"), the Contractor (and its insurers) agrees to reimburse the Fund. To the full extent permitted by the 8Revrsed 07106116 SPD-SP006
74 DocuSign Envelope lD: CD4FF gD4-A492-452s-AC7 1 -EE4D78989885
3. Constitution and the laws of the State and the terms of the Fund, the Contractor and its insurers waive any right of subrogation against the State, the lndemnified Parties, and the Fund and insurers parlicipating thereunder, to the full extent of this indemnification.
Litigation and Settlements. The Contractor shall, at its own expense, be entitled to and shall have the duty to participate in the defense of any suit against the lndemnified Parties. No settlement or compromise of any claim, loss or damage entered into by the lndemnified Parties shall be binding upon Contractor unless approved in writing by Contractor. No settlement or compromise of any claim, loss or damage entered into by Contractor shall be binding upon the lndemnified Parties unless approved in writing by the lndemnified Parties.
PatenUCopyright lnfringement lndemnification. Contractor shall, at its own expense, be entitled to and shall have the duty to participate in the defense of any suit instituted against the State and indemnify the State against any award of damages and costs made against the State by a final judgment of a court of last resort in such suit insofar as the same is based on any claim that any of the software constitutes an infringement of any United States Letters Patent or copyright, provided the State gives the Contractor immediate notice in writing of the institution of such suit, permits Contractor to fully participate in the defense of the same, and gives Contractor all available information, assistance and authority to enable Contractor to do so. Subject to approval of the Attorney General of the State of Georgia, the Agency shall tender defense of any such action to Contractor upon request by Contractor. Contractor shall not be liable for any award of judgment against the State reached by compromise or settlement unless Contractor accepts the compromise or settlement. Contractor shall have the right to enter into negotiations for and the right to effect settlement or compromise of any such action, but no such settlement shall be binding upon the State unless approved by the State. ln case any of the software is in any suit held to constitute infringement and its use is enjoined, Contractor shall, at its option and expense:
(¡) Procure for the State the right to continue using the software; (¡¡) Replace or modify the same so that it becomes non-infringing; or (¡¡¡) Remove the same and cancel any future charges pertaining thereto.
Contractor, however, shall have no liability to the State if any such patent, or copyright infringement or claim thereof is based upon or arises out of:
(i) Compliance with designs, plans or specifications furnished by or on behalf of the Agency as to the software;
( i¡) Use of the software in combination with apparatus or devices not supplied by Contractor;
(¡¡¡) Use of the software in a manner for which the same was neither designed nor contemplated; or
(iv) The claimed infringement of any patent or copyright in which the Agency or any affiliate or subsidiary of the Agency has any direct interest by license or otherwise.
Survives Termination. The indemnification obligation of the Contractor shall survive termination of the Statewide Contract.
4 5
IRevised 07106116 SPD.SP006
75 DocuSign Envelope lD: CD4FFgD4-4492-452s-AC71-884D78989885 H. lNSURANCE
Contractor shall provide all ¡nsurance as requ¡red by the RFX I. BONDS
The Contractor shall provide all required bonds in accordance with the terms of the RFX and as stated in the Statewide Contract Form.
J. WARRANTIES
'a Construction of Warranties Expressed in the Contract with Warranties lmplied by Law.
All warranties made by the Contractor and/or subcontractors in all provisions of the Statewide Contract and the Contractor's Response, whether or not the Statewide Contract specifically denominates the Contractor's and/or subcontractors' promise as a warranty or whether the warranty is created only by the Contractor's affirmation or promise, or is created by a description of the materials, goods and services to be provided, or by provision of samples to the State shall not be construed as limiting or negating any warranty provided by law, including without limitation, warranties which arise through course of dealing or usage of trade, the warranty of merchantability, and the warranty of fitness for a particular purpose. The warranties expressed in the Statewide Contract are intended to modify the warranties implied by law only to the extent that they expand the warranties applicable to the goods and services provided by the Contractor. The provisions of this section apply during the term of the Statewide Contract and any extensions or renewals thereof- Warranty - Nonconforming Goods. All goods delivered by Contractor to the User Agencies shall be free from any defects in design, material, or workmanship. lf any goods offered by the Contractor are found to be defective in material or workmanship, or do not conform to Contractor's warranty, the User Agencies shall have the option of returning, repairing, or replacing the defective goods at Contractor's expense. Payment for goods shall not constitute acceptance. Acceptance by the User Agencies shall not relieve the Contractor of its warranty or any other obligation under the Statewide Contract.
Compliance with Federal Safety Acts. Contractor warrants and guarantees to the State that the goods provided under the Statewide Contract are in compliance with Sections 5 and 12 of the Federal Trade Commrssion Act; the Fair Packaging and Labeling Act, the Federal Food, Drug, and Cosmetic Act; the Consumer Product Safety Act; the Federal Environmental Pesticide Control Act, the Federal Hazardous Substances Act; the Fair Labor Standards Act, the Wool Products Labeling Act; the Flammable Fabrics Act; the Occupational Safety and Health Act; the Office of Management and Budget A-110 Appendix A; and the Anti-Kickback Act of 1986.
2. Originality and Title to Concepts, Materials, and Goods Produced. Contractor represents and warrants that all the concepts, materials, goods and services produced, or provided to the State pursuant to the terms of the Statewide Contract shall be wholly original with the Contractor or that the Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such concepts, materials and works. The Contractor represents and warrants that the concepts, materials, goods and services and the State's use of same and the exercise by the State of the rights granted by the Statewide Contract shall not infringe upon any other work, other than material provided by the Statewide Contract to the Contractor to be used as a basis for such materials, or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm or corporation and that the concepts, materials and works will not infringe upon the copyright, trademark, trade name, 3 4
Revised 07l06116 l0 SPD.SP006
76 DocuSign Envelope I D: CD4FFgD4-4492-452s-AC7 1 -EEAD789838B5 trade dress patent, literary, dramatic, statutory, common law or any other rights of any person, firm or corporat¡on or other entity. The Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute the goods and services contemplated by the Statewide Contract.
Conformity with Contractual Requirements. The Contractor represents and warrants that the goods and services provided in accordance with the Statewide Contract will appear and operate in conformance with the terms and conditions of the Statewide Contract.
Authority to Enter into Contract. The Contractor represents and warrants that it has full authority to enter into the Statewide Contract and that it has not granted and will not grant any right or interest to any person or entity that might derogate, encumber or interfere with the rights granted to the State.
Obligations Owed to Third Parties. The Contractor represents and warrants that all obligations owed to third parties with respect to the activities contemplated to be undertaken by the Contractor pursuant to the Statewide Contract are or will be fully satisfied by the Contractor so that the State will not have any obligations with respect thereto.
8. Title to Property. The Contractor represents and warrants that title to any property assigned, conveyed or licensed to the State is good and that transfer of title or license to the State is rightful and that all property shall be delivered free of any security interest or other lien or encumbrance. Title to any supplies, materials, or equipment shall remain in the Contractor until fully paid for by the User Agencies.
9. lndustry Standards. The Contractor represents and expressly warrants that all aspects of the goods and services provided or used by it shall at a minimum conform to the standards in the Contractor's industry. This requirement shall be in addition to any express warranties, representations, and specifications included in the Statewide Contract, which shall take precedence.
10. Contractor's Personnel and Staffing. Contractor warrants that all persons assigned to perform services under this Statewide Contract are either lawful employees of Contractor or lawful employees of a Subcontractor authorized by the Agency as specified in the RFX. All persons assigned to perform services under this Statewide Contract shall be qualified to perform such services. Personnel assigned by Contractor shall have all professional licenses required to perform the services.
11. Use of State Vehicles. Contractor warrants that no State vehicles will be used by Contractor for the performance of services under this Statewide Contract. Contractor shall be responsible for providing transportation necessary to perform all services.
K. PRODUCT RECALL
5. 6.
7 Revised 07106116 SPD-SP006
77 DocuSign Envelope lD: CD4FF9D4-A492-4525-4C71-EFAD78S898B5 ln the event that any of the goods are found by the Contractor, the State, any governmental agency, or court having jurisdiction to contain a defect, serious qual¡ty or performance deficiency, or not to be in compliance with any standard or requirement so as to require or make advisable that such goods be reworked or recalled, the Contractor will promptly communicate all relevant facts to the Agency and undertake all corrective actions, including those required to meet all obligations imposed by laws, regulations, or orders, and shall file all necessary papers, corrective aclion programs. and other related documents, provided that nothing contained in this section shall preclude the Agency from taking such action as may be required of it under any such law or regulation. The Contractor shall perform all necessary repairs or modifications at its sole expense except to any extent that the Contractor and the State shall agree to the performance of such repairs by the State upon mutually acceptable terms.
CONTRACT ADMI NISTRATION
Order of Preference. ln the case of any inconsistency or conflict among the specific provisions of the Statewide Contract Terms and Conditions (including any amendments accepted by both the Agency and the Contractor attached hereto and the Awarded ltem Schedule, if any), the RFX (including any subsequent addenda and written responses to bidders' questions), and the Contractor's Response, any inconsistency or conflict shall be resolved as follows:
L
1 (¡)
( ¡i)
(¡¡i)
First, by giving preference to the Statewide Contract Terms and Conditions.
Second, by giving preference to the specific provisions of the RFX.
Third, by giving preference to the specific provisions of the Contractor's Response, except that objections or amendments by a Contractor that have not been explicitly accepted by the Agency in writing shall not be included in this Statewide Contract and shall be given no weight or consideration.
2. lntent of References to Bid Documents. The references to the parties' obligations, which are contained in this document, are intended to supplement or clarify the obligations as stated in the RFX and the Contractor's Response. The failure of the parties to make reference to the terms of the RFX or the Contractor's Response in this document shall not be construed as creating a conflict and will not relieve the Contractor of the contractual obligations imposed by the terms of the RFX and the Contractor's Response. The contractual obligations of the Agency cannot be implied from the Contractor's Response.
Compliance with the Law. The Contractor, its employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders now or hereafter in effect when performing under the Statewide Contract, including without limitation, all laws applicable to the prevention of discrimination in employment and the use of targeted small businesses as subcontractors or contractors. The Contractor, its employees, agents and subcontractors shall also comply with all federal, state and local laws regãrOing business permits and licenses that may be required to carry out the work performed unãer thé Statewide Contract. Contractor and Contractor's personnel shall also comply with all State, Agency, and User Agency policies and standards in effect during the performance of the Statewide Contract, including but not limited to the Agency and User Agencies' policies and standards relating to personnel conduct, security, safety, confidentiality, and ethics.
Further, the provisions of O.C.G.A. Section 45-10-20 et seq. have not and must not be violated under the terms of this Statewide Contract. Contractor certifies that Contractor is not currently engaged in, and agrees for the duration of this Contract not to engage in, a boycott of lsrael, as defined in O.C.G.A. 550-5-85.
3. Rev¡sed 07106116 l2 SPD-SPOO6
78 DocuSign Envelope lD: CD4FF9D4-4A92-452s-AC7 1 -884D78989885 Drug-free workplace. The contractor hereby certifies as follows:
(i) Contractor will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this Statewide Contract; and
( ¡i) lf Contractor has more than one employee, including Contractor, Contractor shall provide for such employee(s) a drug-free workplace, in accordance with the Georgia Drug-free Workplace Act as provided in O.C.G.A. Section 50-24-1 et seq., throughout the duration of this Statewide Contract; and
(¡¡i) Contractor will secure from any subcontractor hired to work on any job assigned under this Statewide Contract the following written certifìcation: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name) certifies to the contractor thãt a drug-freeiorkplace will be provided for the subcontractor's employees during the performance of this Contract pursuant to paragraph 7 of subsection (b) of Code Section 50-24-3."
Contractor may be suspended, terminated, or debarred if it is determined that:
(¡) Contractor has made false certification here in above; or (¡i) Contractor has violated such certification by failure to carry out the requirements of O.C.G.A. Section 50-24-3(b).
Amendments. The Statewide Contract may be amended in writing from time to time by mutual consent of the parties and upon approval by the Agency. All amendments to the Statewide Contract must be in writing and fully executed by duly authorized representatives of the Agency and the Contractor.
Third Party Beneficiaries. There are no third-party beneficiaries to the Statewide Contract.
The Statewide Contract is intended only to benefit the State and the Contractor.
Choice of Law and Forum. The laws of the State of Georgia shall govern and determine all matters arising out of or in connection with this Statewide Contract without regard to the choice of law provisions of State law. ln the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Statewide Contract, such proceeding shall solely be brought in a court or other forum of competent jurisdiction within Fulton County, Georgia. This prouirion shall not be construed as waiving any immunity to suit or liability, including without limitation sovereign immunity, which may be available to the state.
4. 5
6 7
Revised 07106116 t3 SPD-SP006
79 DocuSign Envelope lD: CD4FF9D4-4492-452s-AC71-EE4D78989885 Parties' Duty to Provide Notice of lntent to Litigate and Right to Demand Mediation. ln addition to any dispute resolution procedures otherwise required under this Statewide Contract or any informal negotiat¡ons which may occur between the State and the Contractor, no civil action with respect to any dispute, claim or controversy arising out of or relating to this Statewide Contract may be commenced without first giving fourteen (14) calendar days written notice to the State of the claim and the intent to initiate a civil action. At any time prior to the commencement of a civil action, either the State or the Contractor may elect to submit the matter for mediation. Either the State or the Contractor may exercise the right to submit the matter for mediation by providing the other party with a written demand for mediation setting forth the subject of the dispute. The parties will cooperate with one another in selecting a mediator and in scheduling the mediation proceedings. Venue for the mediation will be in Atlanta, Georgia; provided, however, that any or all mediation proceedings may be conducted by teleconference with the consent of the mediator. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs; provided, however that the cost to the State shall not exceed five thousand dollars ($5,000.00) All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or employees of any mediation service, are inadmissible for any purpose (including but not limited to impeachment) in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. lnadmissibility notwithstanding, all written documents shall nevertheless be subject to the Georgia Open Records Act O.C.G.A. Section 50-18-70 et.seq.
No party may commence a civil action with respect to the matters submitted to medtation until after the completion of the initial mediation session, forty-five (45) calendar days after the date of filing the written request for mediation with the mediator or mediation service, or sixty (60) calendar days after the delivery of the written demand for mediation, whichever occurs first.
Mediation may continue after the commencement of a civil action, if the parties so desire.
Assignment and Delegation. The Statewide Contract may not be assigned, transferred or conveyed in whole or in part without the prior written consent of the Agency. For the purpose of construing this clause, a transfer of a controlling interest in the Contractor shall be considered an assignment.
10. Use of Third Parties. Except as may be expressly agreed to in writing by the Agency, Contractor shall not subcontract, assign, delegate or otherwise permit anyone other than Contractor or Contractor's personnel to perform any of Contractor's obligations under this Statewide Contract or any of the work subsequently assigned under this Statewide Contract.
No subcontract which Contractor enters into with respect to performance of obligations or work assigned under the Statewide Contract shall in any way relieve Contractor of any responsibility, obligation or liability under this Statewide Contract and for the acts and omissions of all subcontractors, agents, and employees. All restrictions, obligations and responsibilities of the Contractor under the Statewide Contract shall also apply to the subcontractors. Any contract with a subcontractor must also preserve the rights of the Agency. The Agency shall have the right to request the removal of a subcontractor from the Statewide Contract for good cause.
11. Integration. The Statewide Contract represents the entire agreement between the parties.
The parties shall not rely on any representation that may have been made which is not included in the Statewide Contract.
I
I
Revised 07106116 t4 SPD-SPO06
80 DocuSign Envelope lD. CD4FF9D4-AA92-452s-AC71 -EEAD78989885
12. Headings or Captions. The paragraph headings or captions used in the Statewide Contract are for identification purposes only and do not limit or construe the contents of the paragraphs.
13. Not a Joint Venture. Nothing in the Statewide Contract shall be construed as creat¡ng or constituting the relationship of a partnership, joint venture, (or other association of any kind or agent and principal relationship) between the parties thereto. Each party shall be deemed to be an independent contractor contracting for goods and services and acting toward the mutual benefits expected to be derived herefrom. Neither Contractor nor any of Contractor's agents, servants, employees, subcontractors or contractors shall become or be deemed to become agents, servants, or employees of the State. Contractor shall therefore be responsible for compliance with all laws, rules and regulations involving its employees and any subcontractors, including but not limited to employment of labor, hours of labor, health and safety, working conditions, workers' compensation insurance, and payment of wages. No party has the authority to enter into any contract or create an obligation or liability on behalf of, in the name of, or binding upon another party to the Statewide Contract.
14. Joint and Several Liability. lf the Contractor rs a joint entity, consisting of more than one individual, partnership, corporation or other business organization, all such entities shall be jointly and severally liable for carrying out the activities and obligations of the Statewide Contract, and for any default of activities and obligations.
15. Supersedes Former Contracts or Agreements. Unless otherwise specified in the Statewide Contract, this Statewide Contract supersedes all prior contracts or agreements between the Agency and the Contractor for the goods and services provided in connection with the Statewide Contract.
16. Waiver. Except as specifically provided for in a waiver signed by duly authorized representatives of the Agency and the Contractor, failure by either party at any time to require performance by the other party or to claim a breach of any provision of the Statewide Contract shall not be construed as affecting any subsequent right to require performance or to claim a breach.
17. Notice. Any and all notices, designations, consents, offers, acceptances or any other communication provided for herein shall be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by Federal Express, courier or other similar and reliable carrier which shall be addressed to the person who signed the Statewide Contract on behalf of the party at the address identified in the Statewide Contract Form. Each such notice shall be deemed to have been provided:
(¡) At the time it is actually received; or,
(i¡) Within one (1) day in the case of overnight hand delivery, courier or services such as Federal Express with guaranteed next day delivery; or,
(¡¡¡) Within five (5) days after it is deposited in the U.S. Mail in the case of registered U.S.
Mail.
From time to time, the parties may change the name and address of the person designated to receive notice. Such change of the designated person shall be in writing to the other party and as provided herein.
18 Cumulative Rights. The various rights, powers, options, elections and remedies of any party provided in the Statewide Contract shall be construed as cumulative and not one of them is Revised 07106116 l5 SPD-SPO06
81 DocuSign Envelope lD: CD4FF9D4- AA92-4525-AC71-E84D78989885 exclusive of the others or exclusive of any rights, remedies or prior¡ties allowed either party by law, and shall in no way affect or impair the right of any party to pursue any other equitable or legal remedy to which any party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged.
19. Severability. lf any provision of the Statewide Contract is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of the Statewide Contract. Further, if any provision of the Statewide Contract is determined to be unenforceable by virtue of its scope, but may be made enforceable by a limitation of the provision, the provision shall be deemed to be amended to the minimum extent necessary to render it enforceable under the applicable law.
Any agreement of the Agency and the Contractor to amend, modify, eliminate, or otherwise change any part of this Statewide Contract shall not affect any other part of this Statewide Contract, and the remainder of this Statewide Contract shall continue to be of full force and effect.
20. Time is of the Essence. Time is of the essence with respect to the performance of the terms of the Statewide Contract. Contractor shall ensure that all personnel providing goods and services to the State are responsive to the State's requirements and requests in all respects.
21. Authorization. The persons signing this Statewide Contract represent and warrant to the other parties that:
(¡) lt has the right, power and authority to enter into and perform its obligations under the Statewide Contract, and
(¡i) lt has taken all requisite action (corporate, statutory or otherwise) to approve execution, delivery and performance of the Statewide Contract and the Statewide Contract constitutes a legal, valid and binding obligation upon itself in accordance with its terms.
22. Successors in lnterest. All the terms, provisions, and conditions of the Statewide Contract shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives.
23. Record Retention and Access. The Contractor shall maintain books, records and documents which sufficiently and properly document and calculate all charges billed to the State throughout the term of the Statewide Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. The Contractor should maintain separate accounts and records for the Agency and the User Agencies. Records to be maintained include both financial records and service records. The Contractor shall permit the Auditor of the State of Georgia or any authorized representative of the State, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Contractor relating to orders, invoices or payments or any other documentation or materials pertaining to the Statewide Contract, wherever such records may be located during normal business hours.
The Contractor shall not impose a charge for audit or examination of the Contractor's books and records. lf an audit discloses incorrect billings or improprieties, the State reserves the right to charge the Contractor for the cost of the audit and appropriate reimbursement.
Evidence of criminal conduct will be turned over to the proper authorities.
Rev¡sed 07106116 l6 SPD-SP006
82 DocuSign Envelope lDr CD4FF9D4-4492-4525-4C71 -8E4D78989885
24. Solicitation. The Contractor warrants that no person or selling agency (except bona fide employees or selling agents maintained for the purpose of securing business) has been employed or retained to solicit and secure the Statewide Contract upon an agreement or understanding for commission, percentage, brokerage or contingency.
ZS. Public Records. The laws of the State of Georgia, including the Georgia Open Records Act, as provided in O.C.G.A. Section 50-18-70 et seq., require procurement records and other records to be made public unless otherwise provided by law.
26. Clean Air and Water Gertification. Contractor certifies that none of the facilities it uses to produce goods provided under the Statewide Contract are on the Environmental Protection Agency (EPA) List of Violating Facilities. Contractor will immediately notify the Agency of the receipt of any communication indicating that any of Contractor's facilities are under consideration to be listed on the EPA List of Violating Facilities.
27. Debarred, Suspended, and lneligible Status. Contractor certifies that the Contractor and/or any of its subcontractors have not been debarred, suspended, or declared ineligible by any agency of the State of Georgia or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4. Contractor will immediately notify the Agency if Contractor is debarred by the State or placed on the Consolidated List of Debarred, Suspended, and lneligible Contractors by a federal entity.
28. Use of Name or lntellectual Property. Contractor agrees it will not use the name or any intellectual property, including but not limited to, State trademarks or logos in any manner, including commercial advertising or as a business reference, without the expressed prior written consent of the State.
29. Taxes. User Agencies are exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on Contractor's employee's wages. User Agencies are exempt from State and Local Sales and Use Taxes on the services. Tax Exemption Certificates will be furnished upon request. Contractor or an authorized subcontractor has provided the Agency with a sworn verification regarding the filing of unemployment taxes or persons assigned by Contractor to pedorm services required in this Statewide Contnact, which verification is incorporated herein by reference.
30. Certification Regarding Sales and Use Tax. By executing the Statewide Contract the Contractor certifies it is either (a) registered with the State Department of Revenue, collects, and remits State sales and use taxes as required by Georgia law, including Chapter B of Title 48 of the O.C.G.A.; or (b) not a "retailer" as defined in O.C.G.A. Section 4B-B-2. The Contractor also acknowledges that the State may declare the Statewide Contract void if the above certification is false. The Contractor also understands that fraudulent certification may result in the Agency or its representative filing for damages for breach of contract. 31 Delay or lmpossibility of Performance. Neither party shall be in default under the Statewide Contract if performance is delayed or made impossible by an act of God. ln each such case, the delay or impossibility must be beyond the control and without the fault or negligence of the Contractor. lf delay results from a subcontractor's conduct, negligence or failure to perform, the Contractor shall not be excused from compliance with the terms and obligations of the Statewide Contract.
32. Limitation of Contractor's Liability to the State. Except as otherwise provided in this Statewide Contract, Contractor's liability to the State for any claim of damages arising out of Rev¡sed 07106116 t7 SPD-SPO06
83 DocuSign Envelope lD: CD4FF9D4-4492-4525-4C71-8E4D78989885 this Statewide Contract shall be limited to direct damages and shall not exceed the total amount paid to Contractor for the performance under this Statewide Contract.
No limitation of Contractor's liability shall apply to Contractor's liability for loss or damage to State equipment or other property while such equipment or other property is in the sole care, custody, and control of Contractor's personnel. Contractor hereby expressly agrees to assume all risk of loss or damage to any such State equipment or other property in the care, custody, and control of Contractor's personnel. Contractor further agrees that equipment transported by Contractor personnel in a vehicle belonging to Contractor (including any vehicle rented or leased by Contractor or Contractor's personnel) shall be deemed to be in the sole care, custody, and control of Contractor's personnel while being transported. Nothing in this section shall limit or affect Contractor's liability arising from claims brought by any third party.
33. Obligations Beyond Contract Term. The Statewide Contract shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant to the Statewide Contract. All obligations of the Contractor incurred or existing under the Statewide Contract as of the date of expiration, termination or cancellation will survive the termination, expiration or conclusion of the Statewide Contract.
34. Counterparts. The Agency and the Contractor agree that the Statewide Contract has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument.
35. Further Assurances and Corrective lnstruments. The Agency and the Contractor agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the expressed intention of the Statewide Contract.
36. Transition Cooperation and Cooperation with other Contractors. Contractor agrees that upon termination of this Statewíde Contract for any reason, it shall provide sufficient efforts and cooperation to ensure an orderly and efficient transition of services to the State or another contractor. The Contractor shall provide full disclosure to the State and the third-party contractor about the equipment, software, or services required to perform services for the State. The Contractor shall transfer licenses or assign agreements for any software or third- party services used to provide the services to the State or to another contractor.
Further, in the event that the State has entered into or enters into agreements with other contractors for additional work related to services rendered under the Statewide Contract, Contractor agrees to cooperate fully with such other contractors. Contractor shall not commit any act, which will interfere with the performance of work by any other contractor.
Revised 07106116 IB SPD-SPO06
84 State of Georgia
Department of Administrative Services (DOAS)
State Purchasing Division (SPD)
Statewide Contract Utilization Notification & Consent Agreement Date: ânl2A24
: Statewide Contract (SWC)#:
: 99999-5PD-S PD0000 21 2-AOO2
SWC Contract Description Supplier(s) Utilized
Public Mass Transit Vehicles and Related
Options, Equipment and Accessories
Hometown Manufacturing, lnc.
Authorized User:
City of Torrance, CA I Torrance Transit
Submission lnstructions
1. Written notification of a Stale's or political subdivision's intention to use the above referenced contract with the provisions set forth below should be submitled via email to:
C o n t r a c t M a n a g e m e n t : Ç"9¡!r eç!, rTìaqqg-qCIË1ìj-r,Q.'J ti¡¡;, gs1lç--Y Email Subject should include: Statewíde Contract Utilization Notiñcation & Consent Agreement
This Agreement must be signed by both lhe Authorìzed User and the Supplier(s) Utilized, prior to submission of the form to DOAS for approval.
Contracting Entity Name: Georgia Departmenl of Admrnistrative Services
2. Supplier and State or Political Subdivision ("Arithorrzed User") accepts the following provisions by signing below.
-fhe requesting State and Governmental Entity ihereinafter "Authorized User") is aware that the State Purchasing Division of the Georgia Department of Adminrstratrve Services (DOAS) has competitìvely sourced and awarded a contract to the Supplier(s) rdentrfied above to provide [goods or services description] (herernafter, the "Statewide Contract"). lnformalion concerning the competitive solicilation process and contract terms is avaiiable to the Authorized User upon request to DOAS.
1lP;ge
85 DOAS agrees that this Statewide Conlract may be used by other States as well as political subdivisions withín other States subject to DOAS and the Supplier(s)' prior writlen consent.
DOAS makes no representation that tlre competiiive solicitation process, contract award or resulting contract terms meet lhe needs or requirentents of the Authonzed lJser. The Authorized User acknowledges iìs responsibilities to review the Statewide Contract and adhere to applicable procurement policies as defrned by the Authorized User's State or poiitrcal subdivislon or other applicable law.
The Supplier(s)will extend to an Authorized User all lerms and conditions including but nol limited to contracled prices and negotiated payrnenl lerrns covered by the Statewide Contracl.
Contract modifrcations (such as Venue, Rr-lle of Law, elc.) can be documented on an Authorized User's purchase order and are subject to acceptance by the Supplier(s). Contract modifications made by an Authori¿ed User and accepted by a Suppher shall be limited to the Authorized User and Supplier(s) and are not binding on the Georgra DOAS/Slate Purchasing Division.
Authorized Users musl assume the responsibilities associated with their specifìc program administration/implementation requirements and payment obligations. Supplier(s) acknowledge that the Authorized Users are solely and individually financially responsible for their respective purchases. DOAS and the State of Georgia shall have no responsibility for or liability to the Authorized Users or Supplier(s) with respect to lhe Authorized Users use of the Statewide Contract.
The Aulhorized User acknorvledges that lhe Statewide Contract is subject to modifìcation or termination at any time in accordance with the lerms of such Statewide Contract and without prior notice 1o or consent of the Authorized User. Examples of modification include, but are not limited to, changes in product or service offerings, changes in pncing, changes in wananty, insurance or other applicable contract terms.
Prior to contract utilization, Authorized User agrees lo Nolify DOAS of its intention to "purchase off-of' this Statewide Conlract.
Provide a legal notices contact to DOAS and lo .Supplìer for the purposes of receiving notices and infornration on any contract amendments includìng contract renewals and extensions. Notice should be provided to DOAS via email (identified above) within fìve (5) business days of execution of this Agreemenl
Pre-approve all Supplier-developed materials/communications using the Aulhorized User's name and logo on any such communication, lf applrcable.
Provide annual feedback (when requested by DOAS) of Supplier's performance.
DOAS may terminate this Agreement at any lime and lor any reason upon writlen notice to the Authorized User and the Supplier(s).
Georgia Department of Administratlve Servlces
8y ( Aulhcnz eü S lçtúl ut e ) Oate Srgneo
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86 Prrntâd Nâme ônd Trlle ol Pers'on SiOn,ne
Ëmaìl Adóress
Authori¡ed User Acceptance
By (Aulhorized S;gnsfurÊ] Dete S¡gned
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Title Õl Persón Signing
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83 I
I U
[Supplie/s Name] Acceptance
Dale Signed
6¡7 t2024¡
F
I
I
Narne and T,tle ol Person
Donovan Hickman - Factory Direcl National Sales
f.maìl Àddresg
Donovan@ homelown-rnfg. corrì
[Add additional signalure blocks if more than one supplier] r. tf
3lPage
rì/20!2oì.o
87 2
BB
282.00
I78 WHËELBASE
A
i DRAWN
NAMË :
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TMJ ;
DATE
6/8t20
=EMERGENCY EXIT
.HOMETOW-|.J TROLLEY A
1ó
TITLE. CHECKED
: --
ENG APPR.
MFG APPR.
Q.A
CARRIAGE
. I ZBWB, 21 PASS.
28"
HIP-TC-KNEE MIN
SIZE DWG NO
SCALE: I :30 WEIGHT
REV
A HT20 r ó-FP- r 04 A
I2
38.00 IP DOWN SEAT FLI DOWN SEAT
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32.00 Oq
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W HEEL
CHAIR
RAMP
ENGINE
CCMPARTMENT
PROPRIFTARY AND CONTIDENIIAT
THE ]NFORMAIION CONTAINÊD IN IHIS
DRAWING I5 THE SOLE PROPÊRÍY OF
HOMETOWN fRO[LEY, ANY
REPRODUCTION IN PART OR A5 A WHOLE
WITHOIJT THE WRITTE\ PERMISSIO! OF
HOMEIOWN IROILEY IS
PROHIBIIÊD.
COMMENTS:
SHEET ] OF 2
88 É
N
m
89 a
GAR
Front encl alignment
Space age coìrposite sub floor material
Gror.rp 3l batteries (2)
Engine alarm system high water temp
l,ow oil pressure- LowwaterPressure gau ge/alarm
Sta nclarci rea rbumperand4x4straightfrontbunrper
Rear tow hooks
Rear wl-reel extendecl valve stems
Front and rear wheel well flares
Aluminunr locking fuel cloor
Dash AC/clefrost/heat
A&M electric entry door
Entry door angled hancl railings both sicled
Entry key lock with exterior toggle switch with cover
locatecl under passenger side headlight bucket
Front driver area windows clear no tint
Arch top windows with egress compliant r.v/ FMVSS
Master disconnect in sealed battery comparturent
Interlock brake ancl transmission
Vintage style oak passenger seating
Freednran mechanical clrivers seat with blacl< fabric
Interior rear mirror ancl convex mirror
l2r, chrome center headlight
Clearance light chrorne guarcls
l.ED exterior lighting DOT approved
LEf) interior ADA ligl-rt, cioor light, Driver light ancl stepwell lighting
All required signage
One piece transit style flooring
Black barvnrat acoustic drivers mat
White step eclges
White stanclee line r
Eugitre correr
Stainless steel hand railings including entry railings
and clrivers guard
l.ight oak panel and trirn interior
Backup al¿rnll
Fire extinguisher 5lb
'l r iangle reflector kit anel safet,v kit
Exterior/interior PA rryith switch
USB charging port
Uncle rcoating
Cong bell rvith pull corcl, continues rings or pull ding LED lighting as requestecl
Cupola lvinclows n'ith etchil-rgs
Paint two tone rvith standarcl pinstripe package
Drivers fan
Gror"rp 31 batteries (2)
9 Magnaclyne ceiling speakers
ASA Radio and back up Camera
Metal ent raÌ'ìce clivider
Arvning light above entrance cloor
Iruel senriing unil. aìccess in floor
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90 ?27/ru
91 GEORGIA DOAS CONTRACT PRICING. HT CARRIAGE
CHASSIS STAINLESS STEEL WHEEL SlMULATORS $1,282.s0
CHASSIS LOW.FLOOR WITH I(NEELING CONFIGURATION $12,873.60 CHASSIS SPARE ÏIRE-WHEEL 16.5 IN SHIP LOOSE $641.2s
ELECTRICAL INTERMITTENT WIPERS PER WINDSHIELD $2o2.so
ELECTRICAL ADDITIONAL 12 VOLT FAN $132.30
ELECTRICAL USB OUTLET STR]P PASS & DRIVERS SIDE $7B3.oo ELECTRICAL FORD ALTERNATOR UPGRADE 270 AMP $1,340.82
ELECTRICAL INVERTOR 11OV OUTLETS DECORATIVETIGHTING $1,282.s0 AUDIO/VIDEO PA WITH 4 SPEAKERS REl $67s.oo
AUDIO/VIDEO EXTERIOR SPEAKER FOR PA $13s.oo
AUDIO/VIDEO REI FIEX NECK GNECK MlC $283.50
AUÞtO/VtDEO HEADSET MIC WIRELESS DIGITAL SYSTEM $1,07s.9s AUDIO/VIDEO MIC HANDHELD PANASONIC $101.2s
AUDIO/VIDEO REI 4 CAMERA BUS WATCH $2,902.s0
AUD¡O/VIDEO REI EXTRA CAMERA $37B.oo
AUDIO/VIDEO MONITOR 20'LCD FLATSCREEN W DVD $1,086.7s
AUDIO/VIDEO PAGE JACK W REMOTE $s4.s0
AUDIO/VIDEO PA FOOT CONTROL $s13.oo
AUDIO/VIDEO 2 WAY RADIO PREP $ez.so
AUDIO/VIDEO HEADSET MIC PLUG $337.s0
AUDIO/VIDEO LAPEL MIC $101.2s
FLOORlNG ALTRO TRANSIT FAUX WOOD PLANK $s37.so
FLOORING GERFLOOR TRANSIT FAUX WOOD PLANK $337.s0
HVAC ACC REAR SYSTEM IOO,OOO BTU -57,275.00
HVAC HEAT CIRCULATION PUMP $324.00
HVAC PASSENGER AREAHEATER 65,000 BTU $s19.7s
HVAC EXTRA VALVE FOR HEATER LINES (ONE IS STAND.} $67.s0 EXTERIOR WOVEN WIRE BLACK COW CATCHER $877.s0
EXTERIOR oPEN AIR SECTION W/ RAIN CURTAIN/RATLS (2) $3,37s.00 EXTERIOR oPEN AIR SECTION (2) WINDOW TNSERT $3,78o.oo
EXTERIOR WOOD ÏRIM OVER WINDOW LINE / OAK $3,442.50
EXTERIOR REAR CENTER HEADLIGHT RED LENS / STOP $37B.oo
EXTERIOR RAMCO HEATED REMOTE MIRRORS $6o7.so
EXTERIOR STEEL SIDE BUMPERS $1,620.00
EXTERIOR LED HEADLlGHTS $27s.oo
FXTERIOR ALUMINUM CHANNEL SIGN BRACKETS / PER FT $162.00 EXTERIOR SIMULATED WOOD EXÏERIOR PACKAGE $9,247.50
EXTERlOR SPORTSWORKS 2 POSITION BIKE RACK $t,727.2s
EXTERIOR SPORTSWORKS 3 POSITION BIKE RACK $2,s31.2s
EXTERIOR STA]NLESS STEEL SK¡RT LINE DOWN $2,025.00
ADA BRAUN RAsO RAMP / LOW FLOOR $7,087.50
ADA DUAL CHIME STOP REQUEST SYSTEM $1,os3.oo
ADA 2 POSITION FLIP SEAT WITH SLATS $438.7s
ADA QSTRAINT SLIDE AND CLICK (EACH POSITION) $796.50
ADA TOUCH TAPE STOP RFQUEST $ssz.so
ADA PUSH BOÎTOM STOP REQUEST $2o2.so
ADA 2 POSITION FOLD UP WITH SLATS / FORWARD $g77.so
ADA 3 POSITION FLIP SEAT WITH SLATS $szs.zs
ADA SToRAGE BOX FOR RESTRATNTS (HOIDS 1 SET) $54.00
SAFEÏY TRANSPEC ROOF ESCAPE HATCH $648.00
SAFEÏY AMEREX FIRE SUPRESSION $7,o2o.oo
SAFETY DRIVER STANCHION WIÏH LEXAN SHIELD $1,271.00
92 SAFETY ASA BACK UP CAMERA WITH COLOR MONITOR -$918.00 SAFETY EGRESS AUDIBLE ON AtL DOORS $1,687.50
SAFETY REI BACI(UP CAMERA COLOR MONIÏOR $918.00
INTERIOR SPIRAL BRASS RAILING $1,710.45
INTERIOR BRASS RAILING $924.7s
INTERIOR NATURAL LEATHER GRAB STRAPS ea $74.2s
INTERIOR NÊW VIEW DRIVER BLIND $384.7s
INTERIOR OAK BROCHURE RACK $2o2.so
INTERIOR INTERIOR DIVIDER WITH PANEL $1,620.00
lNTERIOR DRIVERS COAT HOOK W TlE BACK $20.25
INTERIOR DARK STAIN INTERIOR WITH TRIM $1,6s7.s0
INTER¡OR OAK AD CARDHOLDER J.RAIL BOTH SIDES $243.00
INTERIOR RAILING BTACK FOAM SLEEVES $74.25
INTERlOR STA]NLESS DOWN POLES $384.7s
INTERlOR BRASS DOWN POLES $384.7s
¡NTERlOR BRASS HANDRAILS ON TRAM SEAT BACKS $101.2s
]NTERIOR BLACK LEATHER GRAB STRAPS $74.2s
1NÏERIOR NEW VIEW ROTLUP BLINDS FOR DRIVER AREA EA. $2o2.so ¡NTERlOR 2O"X24" OAK BROCHURE RACK $2o2.so
PAINT THIRD COLOR CHOICE $769.s0
PAINT CUPOLA PAINTED OTHER THAN WHITE $71s.so
PAINT WHEELS PAINTED EACH $s.oo
PAINT WINDOW ETCHING ea $4s.28
FARE COLLECTION DIAMOND D SVW¡TH lVAULT -$3,172.50
FARE COLLECTION DIAMOND XV WITH l VAULT $2,6s2.50
DESTINATION SIGHAGE TRANSIGN FRONT SIGN WITH SOFTWARE -$3,172.s0 DESTINATION SIGNAGE TRANSIGN EXTRA SIGN $1,687.s0
DESTINATION SIGNAGE LUMINATOR FRONT SIGN WITH SOFTWARE $4,657.s0 DESTINATION SIGNAGE LUMINATOR EXTRA SIGN $2,767.5o
DESTINATION SIGNAGE HANOVER FRONT SIGN W¡TH SOFTWARE $3,s77.b0 DESTINATION SIGNAGE HANOVER EXTRA SIGN $1,687.50
DESTINATION SIGNAGE TRANSIGN {IPS) FLEX SPEAK ADA SYSTEM $4,725.00 DESTINATION SIGNAGE CLEVER DEVICES GPS, APC, AVL $27,6s0.00 DESTINATION SIGNAGE TRAPEZE BUS GPS, APC, AVL $34,8s0.00 DESTINATION SIGNAGE TSO Wifi APC, GPS, AVL $24,s00.00
PASSENGER SEATING WATERFALL STYLE SEATS / PER DOUBTE SEAT $4os.oo PASSENGER SEATING FREEDMAN SEATBELTS PER DOUBLE SEAT $2s6.2s PASSENGER SEATING VINYL SEAT CUSHIONS/ BOTTOM ONLY $1s1-20 PASSENGER SEATING VINYL SEAT CUSHIONS / BACK AND BOTTOM $22s.4s DRIVERS SEATING SEATS INC AIR SUSPENSION FAUX LEATHER $2,426.00 DRIVERS SEATING RECARO ERGO AIR SUSPENSION BLAGK VINYL $3,476.25 DRIVERS SEATING USSC 91OO AIR SUSPENSION BLACK VINYL $3,712.s0 DRIVERS SEATING BOSTROM AIR SUSPENSION BLACK FABRIC $1,287.00 EXTENDED WARRANTY FORD EXÏENDED WARRANTY sYR/150K $6,s47.50 93 GEORGIA DOAS CONTRACT PRICING. HT CARRIAGE
CHASSIS STAINLESS STEEL WHEEL SIMULATORS $1,282.50
CHASSIS LOW.FLOOR WIÏH KNEELING CONFIGURATION $12,873.60 cHASStS SPARE ÏIRE-WHEEL 16.5 IN SHIP LOOSE $641.2s
ELECTRICA! INTERMITTENT WIPERS PER WINDSHIELD $202.50
ELECTRICAL ADDITIONAL 12 VOLT FAN $132.30
ELECTRICAL USB OUTLET STRIP PASS & DRIVERS SIDE $783.00 ELECÏRICAt FORD ALTERNATOR UPGRADE 270 AMP $1,340.82
ELECTRICAL I NVERTOR 11OV OUTLETS DECORATIVELIGHTING $1,282.50 AUDIO/VIDEO PA WITH 4 SPEAKERS REI $67s.oo
AUDIO/VIDEO EXTERIOR SPEAKER FOR PA $13s.oo
AUDIO/VIDEO REI FLEX NECK GNECK MIC $283.50
AUDIO/VIDEO HEADSËT MIC WIRELESS DIG]TAL SYSTEM $1,075.e5 AUDIO/VIDEO M¡C HANDHELD PANASONIC $101.2s
AUDIO/VIDEO RE] 4 CAMERA BUS WATCH $2,902.50
AUDIO/VIDEO REI EXTRA CAMERA $37B.oo
AUDIO/VIDEO MONITOR 20'LCD FLATSCREEN W DVD $1,086.75
AUDlO/VIDEO PAGE JACK W REMOTE $e4.50
AUDIO/VIDEO PA FOOT CONTROL $s13.oo
AUD¡O/VIDEO 2 WAY RADIO PREP $67.s0
AUDIO/VIDEO HEADSET MIC PLUG $337.s0
AUDIO/VIDEO LAPEL MIC $101.25
FLOORING ALTRO TRANSIT FAUX WOOD PLANK $337.s0
FLOORING GERFLOOR TRANSIT FAUX WOOD PLANK $ss7.so
HVAC ACC REAR SYSÏEM IOO,OOO BTU -$7,275.00
HVAC HEAT CIRCULATION PUMP $324.00
HVAC PASSENGER AREAHEATER 65,OOO BTU $s19.75
HVAC EXTRA VALVE FOR HEATER LINES (ONE IS STAND.) $67.50 EXTERlOR WOVEN W¡RE BLAGK COW CAÏCHER $87z.so
EXTERIOR OPEN AIR SECT]ON W/ RAIN CURTAIN/RAILS 12) $3,37s.00 EXTERIOR oPEN AIR SECTION (2) WINDOW TNSERT $3,7Bo.oo
EXTERIOR WOOD TRIM OVER WINDOW L¡NE / OAK $3,r142.50
EXTERIOR REAR CENTER HEADTIGHT RED LENS / STOP $37B.oo
EXTERIOR RAMCO HEATED REMOTE MIRRORS $607.50
EXTERIOR STEEL SIDE BUMPERS $1,620.00
EXTERIOR LED HEADLIGHTS $275.00
EXÏERlOR ALUMINUM CHANNEL SIGN BRACKETS / PER FT $162.00 EXÏER1OR SIMULAÏED WOOD EXTERIOR PACKAGE $9,247.50
EXTERIOR SPORTSWORI(S 2 POSITION BIKE RACK $7,727.2s
EXÏERlOR SPORTSWORKS 3 POSITION BIKE RACK $2,s31.2s
EXTERIOR STAINLESS SÏEEL SKIRT LINE DOWN $2,o2s.oo
ADA BRAUN RA3O RAMP / LOW FLOOR $7,087.s0
ADA DUAL CHIME STOP REQUEST SYSTEM $1,os3.oo
ADA 2 POSITION FLIP SEAT WITH SLATS $438.7s
ADA QSTRAINT SLIDE AND CLICK (EACH POSITION) $7s6.s0
ADA TOUCH TAPE STOP REQUEST $337.s0
ADA PUSH BOTTOM STOP REQUEST $2o2.so
ADA 2 POSITION FOLD UP WITH SLATS / FORWARD $877.s0
ADA 3 POSITION FLIP SEAÏ WITH SLATS $s73.75
ADA STORAGE BOX FOR RESTRAINTS (HOLDS 1 SET} $54.00
SAFETY TRANSPEC ROOF ESCAPE HATCH $64B.oo
SAFETY AMEREX FIRE SUPRESSION $7,02o.oo
SAFETY DRIVER SÏANCHION WITH LEXAN SHIELD $7,27t.00
94 SAFETY ASA BACK UP CAMERA WITH COLOR MON]TOR -$918.00 SAFETY EGRESS AUDIBLE ON ALL DOORS $1,687.s0
SAFETY REI BACKUP CAMERA COLOR MONITOR $91B.oo
lNTERIOR SPIRAL BRASS RAILING $1,710.4s
¡NÏERlOR BRASS RAILING 5924.75
INTERIOR NATURAL LEATHER GRAB STRAPS EA $74.25
¡NTERIOR NEWVIEW DRIVER BLIND $3s4.7s
INTERIOR OAK BROCHURE RACK $202.50
INTERIOR INTERIOR DIVIDER WITH PANEL $1,620.00
INTERIOR DRIVERS COAT HOOK W ÏIE BACK $20.2s
INTERIOR DARK STAIN INTERIOR WIÏH ÏRIM $1,687.s0
INTERIOR OAK AD CARDHOLDER J-RAIL BOTH SIDES $243.00
lNTERIOR RAILING BTACK FOAM SLEEVES $74.25
INTERIOR STAINLESS DOWN POLES $384.7s
INTERIOR BRASS DOWN POIÊS $384.75
lNTER!OR BRASS HANDRAILS ON TRAM SEAT BACKS $101.2s
INTERIOR BLACK LEATHER GRAB STRAPS $74.25
INTER¡OR NEW VIEW ROLLUP BLINDS FOR DRIVER AREA EA. $202.50 lNTERIOR 20"X24" OAK BROCHURE RACK $2o2.so
PAINT THIRD COLOR CHOlCE $769.50
PAINT CUPOLA PAINTED OTHER THAN WHITE $71s.s0
PA¡NT WHEELS PA¡NTED EACH $54.00
PAINT WINDOW ETCHING ea $49.28
FARE COLLECTION DIAMOND D SVWITH lVAULT -$3,172.s0
FARE COLLECTION DIAMOND XV W]TH l VAULT $2,632.50
DESTINATION S¡GHAGE TRANSIGN FRONT SIGN WITH SOFTWARE -$3,172.50 DESTINATION SIGNAGE TRANSIGN EXTRA SIGN $1,687.50
DESTINATION SIGNAGE TUMINATOR FRONT SIGN WITH SOFTWARE $4,657.50 DESTINATION SIGNAGE LUMINATOR EXTRA SIGN $2,767.s0
DESTINATION SIGNAGE HANOVER FRONT SIGN WITH SOFTWARE $3,577.s0 DESTINATION SIGNAGE HANOVER EXTRA SIGN $1,687.s0
DESTINATION S¡GNAGE TRANSIGN (rPS) FLEX SPEAK ADA SYSTEM $4,725.00 DESTINATION SIGNAGE CLEVER DEVICES GPS, APC, AVL $27,650.00 DESTINATION SIGNAGE TRAPEZE BUS GPS, APC, AVL $34,Bso.oo DESTINATION S¡GNAGE TSO W¡f¡ APC, GPS, AVL $24,500.00
PASSENGER SEATING WATERFALL STYLE SEATS / PER DOUBTE SEAT $4os.oo PASSENGER SEATING FREEDMAN SEATBELTS PER DOUBLE SEAT $236.2s PASSENGER SEAT]NG V¡NYL SEAT CUSHIONS/ BOÏTOM ONIY $151.20 PASSENGER SEAT¡NG VINYL SËAT CUSH¡ONS / BACK AND BOTTOM $22s.45 DRIVERS SEATING SEATS INC AIR SUSPENSION FAUX LEATHER $2,426.00 DR¡VERS SEATING RECARO ERGO AIR SUSPENSION BLACK VlNYL $3,476.2s DRIVERS SEATING USSC 91OO A¡R SUSPENSION BLACK VINYL $s,712.s0 DRIVERS SEATING BOSTROM AIR SUSPENSION BLACK FABRIC $1,287.00 EXTENDED WARRANTY FORD EXTENDED WARRANTY 5YR/150K $6,547.50 95