R2019-108 Resolution Authorizing Execution of a Tire Lease Agreement with Bridgestone Americas Tire Operations, LLC and the City of Decatur, Illinois

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Tire Lease Agreement IFB DPTS 2q19-02 nat limited to: {1) Withha[ding monthly progress payments; (2}Assessing sanc#ians; {3j Liquidated damages; and/or(4) Disqualifying the Bidder from future bidding as nan- responsible.49 C,F.R. part 26.�.3(6}. Cantract�hanges Clause DPTS may at any time, by a written order, and without natice to sureties, if any, make changes within the general scope of fihis Agreement. Such changes shall serve ta modify this Agreement to the extent neces�ary to execute the change as directed. if any such change causes an increase or decrease in the cost of, or the tim� required for, the performance of any part of the Services under this Agreement,whe#her changeci or not changed by the order, DPTS shaf! make an equitable adjustment in the contract price, the delivery schedule, ar both, and shall modify the Agreement accordingly. The Contractor m�st assert its right to an adjustment undes-tF�is article within three working days fram the dafie of the receipt of the written order. Failure by Contracfior to give timely notice af the change cou#d canstitute waiver a#a c{aim far an equitable adjustment. However, if DPT5 decides that the facts justify it, DPTS may receive and act upon a bid submitted at any time before final payment of the Agreement. If the Cantractor's bid ir►cludes the cost of equipmer�t or materials made absolete or excess by tt�e chan�e,then DPTS shall have the right to prescribe the manner of the dispasition of such equipment or materiais. Failure to agree to any adjustment sha{I be a dispute under the C�isputes article. However, nathing in this provision shall excuse the Cantractor from proceeding wi#h the Agreement as changed. Incc�rpfl�ation t�f FTA 7erms Incorporation of Federal Transit Administratian (FTA) Terms- The preceding prvvisions include, in part, certain Standard Terms and Canditions required by DOT, whether expressly set forth in the preceding cantract provisions.All contractual provisions required by DOT, as set forth in FTA Circular 4220.ZF are hereby incorparated by reference. Anything to the contfary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other grovisians contained in this Agreement. The Bidde�sha11 nat perform any act, faii to perform any act, or refuse ta comply with any (name of grantee� requests which would cause {name af gran#ee}ta be in violation of the FTA terms and canditions. Debarment and Suspensian This contract is a covered transaction far purposes of 49 CFR Part 29. As such, the bidder is required to verify that nane of the Bidder, its principals,as defined at 49 CFR 29.995,or affiiiates, as defined at 49 C�R 29.905,are excluded or disqualified as defined afi 49 CFR 29.940 and 29.945. The bidder is required to comply with 49 CFR 29,Subpart C and must include the requirement to comply with 49 C�R 29,Subpart C in any lower tier cavered transactian it enters, Energy Conservation The Bidder agrees to compiy with mandatory standards and policies relating ta energy efficiency which are contained in the s#ate enefgy canservation pfan issued in compliance with the Er�er�,ry policy and Conservation Act. is