text: VEHICLE SPECIFICATIONS AND BID REQUIREMENTS FOR CalACT Class D LOW FLOOR MINIVAN Attachment A-1 November 2009 Morongo Basin Transit Authority TABLE OF CONTENTS 1.0 Scope, Applicable Standards, Law & Regulation 3 1.1 Capacity 3 1.3 Vehicle modifications… 3 1.5 Chassis and Packages 4 1.7 Vehicle Weight Requirement 4 2.0 Engine 6 2.5 Fluid Line Protection 6 2.75 Electronic Stability Control 6 2.9 Drive Axle Alignment 6 3.0 Wheel Alignment 7 3.4 Replacement Fuel Tank 7 3.5 Suspension 7 3.6 Road Clearance 7 3.8 Wheel Wells 7 4.5 Electrical Requirements 8 4.6 Wiring 8 5.2 Front and Rear Heating 9 5.3 Front and Rear A/C 9 5.4 Interior Lighting 9 6.1 Body Specifications 10 6.6 Passenger Doors and Step wells 12 7.0 Flooring 13 7.1 Seats and Grab Handles 14 7.2 Mobility Aid Securement 15 7.3 Mobility Aid Ramp 17 7.8 Safety Equipment 18 8.0 Publications And Printed Materials 19 8.1 Options 19 8.2 Vehicle Drawings 20 9.0 Contractor Requirements and Notes 21 10.0 Bidder's Required Submittals 26 11.0 Base Price 28 2 TYPE 4, MODIFIED MINIVAN SPECIFICATION REQUIREMENTS 1.0 Scope; MINIVAN-CLASS D The Modification shall result in increased interior headroom and clearances and improved passenger accessibility provisions for persons with disabilities. The vans are to be converted in accordance with this specification. No modifications beyond the scope of this specification will be allowed. The van shall be a complete, operating vehicle, and, at a minimum, it shall conform in strength, quality of material and workmanship as provided by the automobile industry. The Manufacturer shall be ISO 9001:2000 certified for the design, sale, manufacture of customized buses and multipurpose passenger vehicles. A copy of the certification must accompany the bid submittals. All parts added as a result of the modification process shall be new. The basic van must be a current model year, factory production vehicle which is cataloged by the OEM manufacturer and for which published literature and printed specifications are currently available. This specification is intended for use in purchasing a completed vehicle(s) with all equipment and accessories needed for its operation. All parts, equipment, and accessories shall be completely installed, assembled and/or adjusted as needed/required. The vehicle shall conform in all respects to the following standards, laws, and regulations: • Federal Motor Vehicle Safety Standards (FMVSS) • Code of Federal Regulations, Title 49, Chapter V-National Safety Bureau • California Code of Regulations (CCR), Title 13 • Americans With Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles, 49 CFR, Part 38, Subpart B-Buses, Vans and Systems • State of California Vehicle Code • California Health and Safety Code • California Air Resources Board Regulations • Original Equipment Manufacturer (OEM) Body Builders Book 1.1 CAPACITY: This minivan shall be capable of carrying in one trip two (2) ambulatory adult forward-facing seated passengers and two (2) passengers seated in mobility aids, in addition to the driver. The vehicle must be convertible to at least five (5) 3 ambulatory passengers, plus the driver. Conversion to a full ambulatory/mobility aid capacity will be achieved by the use of an "ADA, and FMVSS compliant center mounted, fold up seat. 1.2 ADDITIONAL CAPACITY: An ambulatory passenger capacity that exceeds five (5) is desired, providing all specification requirements are met herein. Should a capacity larger than five (5) be offered, there shall be no additional price increase. No additional bid preference will be given. 1.3 MODIFICATION: This minivan shall be made ADA compliant through a modification whereby the vehicle floor area is cut from the engine firewall to the rear most passenger seat and lowered to meet minimum the ADA 56 inch door opening requirement. There shall be no extrusion to any portion of the vehicle roof in meeting the ADA 56 inch door-opening requirement. A manual, fold up mobility aid ramp is to be mounted on the curbside sliding door, and two mobility aid positions will be provided. 1.4 REQUIREMENTS: All labor, parts, materials, and other items used shall be the best quality available in commercial practice. a) All equipment is required to be new and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable. b) Engineering changes and modifications shall conform to accepted practices of the Society of Automotive Engineers and other professional organizations, which may establish relevant standards. c) The minivan interior and exterior shall be aesthetically pleasing. d) All exposed metal shall be primed and painted. All metal shall be thoroughly cleaned and primed, including welded joints. Metal parts shall be free of dirt and rust. 1.5 CHASSIS AND PACKAGES: The model shall be a Dodge or Chrysler Caravan SE with OEM option packages that at a minimum contain items listed in section 1.6 1.6 SUB PACKAGES: Prior to award, the bidder shall provide a listing, published by the OEM, OEM chassis and packages with these items: a) Front and rear dual air conditioning b) AM/FM stereo with CD c) Dark tinted windows d) Cruise control e) Tilt steering f) Power door locks with remote keyless entry, and power windows g) Largest OEM cooling system available h) Long wheelbase i) Heavy duty cooling 4 j) Day time running lights k) Low back bucket seats l) White clear coat monotone paint m) 160 amp alternator 1.7 VEHICLE WEIGHT REQUIREMENTS: The Contractor shall certify that all vehicles delivered shall not exceed the Original Equipment Manufacturer's Gross Vehicle Weight Rating (GVWR) of the chassis, regardless of the installed options and seating configuration ordered. This shall be submitted with the bid. a) The bidder shall submit passenger position loading schematics of engineering quality with the bid, which show the passenger seat positions. The schematics will show a chart with the ambulatory/mobility positions for each capacity, the equivalent weights, and compliance with the OEM GVWR and Gross Axle Weight Rating (GAWR) ratings for the specified vehicle. All weight calculations shall be estimated as 150 lbs. per ambulatory and 250 lbs. per mobility aid passenger. Loading calculations must be made with a full tank of fuel. For the center folding seat 300 lbs (150 lb per passenger x 2) shall be used in lieu of the 250 LB mobility aid passenger weight. b) A copy of a weight certificate from a state certified scale (state of final builders location will be accepted for these purposes) showing the unladen weight of the vehicle, with a full fuel tank, as specified, must be submitted with the bid. c) An additional weight detail breakout listing of engineering quality must be provided with the bid demonstrating GVWR compliance that separately lists: 1) The conversion base vehicle weight, 2) The specified passenger payload of at least two and three if available rear ambulatory, two middle ambulatory, one front wheelchair, plus driver, 3) The combined weight of all listed options, 4) The combined weight of all specified accessories (belts, fire extinguisher, first- aid kit, etc.) in this specification. d) All required weight breakout listings will show compliance with the OEM GAWR ratings, front and rear. List the manufacturer's gross axle weight rating: Front: ___________ Rear: ___________ e) The Cooperative or purchasing agency reserves the right to request a state certified weight certificate, at contractor's expense, for each vehicle equipped as ordered, at any time, during the build/delivery process. The weight certificate will 5 show compliance with the OEM GVWR with all accessories and options installed. A State of California certified weight slip will be required at time of inspection. 2.0 ENGINE: The engine shall be a California certified, 3.3 liter flex fuel, E-85, V-6, gasoline engine. The engine shall be a current production model and match the year of the chassis. 2.1 TRANSMISSION: The vehicle shall have an automatic transmission, with a minimum four (4)-speed transmission with automatic overdrive. 2.2 RADIATOR AND COOLING SYSTEM: The vehicle shall have the heaviest duty available radiator and cooling system, with a coolant recovery system factory installed, and with factory specified coolant. 2.3 HOOD: The hood lock release shall be inside the vehicle, easily identified and accessible to the driver. 2.4 FLUID MAINTENANCE: The driver must be able to check and fill/top-off all fluid levels from inside the front hood. Dipsticks, filler caps, etc. will be clearly marked for identification using florescent colored tape or coatings. 2.5 FLUID LINE PROTECTION: All lines beneath the vehicle which are exposed as a result of the floor modification shall be protected from road damage through the use of corrosion resistant covers or shields, where the Cooperative determines it is appropriate. All covers and shields shall permit accessibility for repairs, maintenance, and inspections. Final design of covers and shields are subject to approval by the State of California. Any fuel and brake line modification/alteration must be of OEM equivalent material or workmanship. Straightening and rebending OEM brake or fuel lines is strictly prohibited. Hoses under the floor shall have a 3- sided cover which protects them and the hardware which supports them. 2.6 BRAKES: The vehicle shall be equipped with an OEM Anti-Lock Brake System (ABS). 2.7 PARKING BRAKES: The vehicle shall be equipped with the factory OEM parking brake assemblies and dash warning light. Parking brakes shall be properly adjusted to factory specifications upon delivery. 2.75 ELECTRONIC STABILITY CONTROL: The vehicle shall be equipped with OEM electronic stability control (ESP). 2.8 AXLES: The axle capacity rating shall be at least equal or exceed the GVWR of the vehicle. In the event the GAWR ratings exceed the GVWR of the specified chassis, the GVWR rating shall be the basis for all weight calculations. 2.9 DRIVE AXLE ANGLE ALIGNMENT: Bidder must submit, prior to award, detailed documentation which shows how OEM-factory specification front drive axle angle 6 alignment is maintained (i.e. use of spacers, brackets, etc.) after the lowered floor modification. 3.0 WHEEL ALIGNMENT: Each completed vehicle shall have a four-wheel alignment prior to final delivery. Documentation of wheel alignment with adjustment data shall be furnished at time of inspection. Alignment must comply with OEM specifications, camber kits must be installed if needed to comply with this requirement. The equipment used to do the alignment shall generate this documentation. This documentation shall include OEM alignment specifications. Hand written documents are not acceptable. Documentation shall include Vehicle Identification Number (VIN). 3.4 REPLACEMENT FUEL TANK: Tank, fuel and vent lines, and hardware must meet all current FMVSS standards, including FMVSS 301, as well as all current CARB and EPA requirements (see section 7.7). If the OEM tank is removed during conversion and replaced with an aftermarket tank, documentation from the tank manufacturer or vehicle second stage manufacturer to show compliance to regulations is required with the bid. The tank must replicate OEM capacity and shall be fully calibrated with the OEM dash fuel gauge. Tanks shall be treated or coated so as to resist corrosion for the complete applicable warranty period. 3.5 SUSPENSION: The vehicle will retain the complete OEM front and rear suspension with OEM components. Rear suspension must include OEM Load Leveling suspension (SER) to maintain a level position once loaded to full capacity without affecting the ride quality. 3.51 POWERTRAIN SUBFRAME INSTALLATION: The area of contact between the power train subframe and the OEM body structure shall be maintained. Installation of spacers shall replicate the OEM contact area between the frame and unibody. 3.6 ROAD CLEARANCE: With a full capacity load, the vehicle shall be able to clear a conventional public street speed bump, without making contact with any portion of the vehicle surface, at 10 miles per hour. a) Ground Clearance: With passengers and driver and with all available options installed (FULLY LOADED); there must be a minimum of 4-1/2 inches of clearance between the lowest part of the van and level ground. 3.7 WHEELS: The minivan shall be equipped with four (4) OEM Stamped Steel wheels with painted bolt-on wheel covers, 16" minimum, and a matching OEM full size spare. 3.8 WHEEL WELLS: Wheel wells shall be OEM. Alteration of the lower portion of the rear wheel wells to accommodate lowered floor shall be done with stainless steel or aluminized steel. 7 4.0 TIRES: Five identical brand and size tires shall be furnished. Tires shall be steel belted radials, the size, load rating and the brand as provided by the OEM for the chassis specified. 4.1 SPARE TIRE: The spare tire shall be OEM Stamped Steel Wheel mounted inside the vehicle and secured in an easily accessible carrier as approved by the Cooperative 4.2 TIRE CHANGING EQUIPMENT: Tire changing equipment, as provided by the OEM, shall include a jack of sufficient strength/capacity and other tools necessary for changing the mounted tires and stored in a compartment/container within the vehicle. Such storage space shall not diminish passenger capacity nor block accessory access. 4.3 TIRE CHANGE: The vehicle shall have the necessary configuration and clearance on the frame to allow for the use of the OEM jack in changing the tire. The configuration shall meet or exceed the OEM design, and have provisions to prevent jack slippage. Full instructions on the tire changing procedures and towing of a lowered floor minivan shall be provided. 4.4 BUMPERS: Front and rear bumpers shall be OEM, shock absorption type. 4.5 ELECTRICAL: Each vehicle shall have a 12-volt electrical charging system as supplied from the OEM. 4.6 WIRING: All electrical wiring shall be automotive stranded copper, of sufficient gauge to handle the load, color coded to match the OEM, with no wires of the same color in the same loom or harness. All harnesses which are modified or added to the vehicle will be secured to the frame at a maximum of two feet intervals with insulated clamps. Plastic wire ties are not acceptable. All exposed terminals and wiring shall be protected from the elements using sealed terminals or heat shrink where necessary. Exposed wires will be wrapped or loomed in corrosion/moisture-proofed material. 4.7 CIRCUIT PROTECTION: All circuits shall be fuse protected and a schematic diagram, of engineering quality, indicating color and function shall be included with each vehicle. All electrical accessories except the radio and lights must be wired through the ignition, and must shut off when the engine is off. 4.8 BATTERY: The vehicle must have the heaviest duty available factory installed battery. Battery cables and connectors shall be OEM. 4.9 ALTERNATOR: The vehicle charging system will use the largest OEM optional 12- volt alternator available. 5.0 HORN: Factory OEM. 8 5.1 GAUGES: The vehicle shall be equipped with OEM needle or digital type gauges or OEM warning lights. All gauges will be installed in the OEM manufacturer's designated positions within the vehicle dashboard. 5.2 FRONT AND REAR HEATING: An OEM heating/defrosting system with vents front and rear shall be provided. All lines and hoses shall be sufficiently fastened, protected, and insulated to ensure against wear from friction and the elements. Non- OEM heater hoses shall be a continuous run of like material to the OEM heater lines which ran to the heater prior to conversion. No splices between the front and rear connections will be allowed. The lines must be mechanically attached in a manner which replicates the OEM. Whenever possible, and at a minimum, provide attachments to the vehicle structure at no greater than 18-inch intervals. Lines must be routed so as not to be exposed to wheel spray and not pass within 2 inches of any part of the exhaust system. 5.3 FRONT AND REAR AIR CONDITIONING: Air conditioning shall be OEM front and rear mounted, with separate fan controls mounted on the front center console. Rear ceiling mounted A/C controls shall be removed and a new low profile interior panel color matched to OEM interior shall be installed to eliminate head strike. Conversions shall not impede access to front and rear air conditioning components. Non-OEM refrigerant hoses shall be a continuous run of like material to the OEM refrigerant lines which ran to the rear evaporator prior to conversion. A label must be placed in the engine compartment detailing manufactures name, refrigerant type and quantity, and compressor oil type and quantity. 5.4 INTERIOR LIGHTING: Overhead and lower lighting shall be installed in the interior rear of the vehicle that provides not less than two foot-candles of illumination at the entrance ramp area. This system shall illuminate automatically when the vehicle front and sliding doors are open. A manual switch must be available which overrides any timing device on the interior light system. a) Seat Lights: Additional lighting shall be installed in the lower panels of the vehicle which provides a minimum of two foot-candles of floor illumination for the center and rear seats. Interior lighting fixtures shall be reasonably flush with the interior walls and ceiling to prevent being a hazard to passengers. Additional lighting shall be wired to work in concert with the OEM interior overhead light switches. All additional lighting must be adequately circuit protected. 5.5 EXTERIOR LIGHTING: Exterior lighting shall be installed in accordance with the Federal Motor Carrier Safety Regulations and the California Code of Regulations, Title 13. All lights shall be sealed from moisture and grounded to the body framing structure. The brake light shall not override emergency flashers or turn signals. An OEM center stoplight, two OEM back-up lights, and OEM running lights shall remain factory installed and complete. 5.6 LIGHT COMPLIANCE: All accessory vehicle lighting will conform to ADA, 49 CFR, Part 38, and Subpart B. 9 5.7 STEREO: Shall be OEM AM/FM radio with CD and, a minimum of, four factory- installed speakers, 2 front and 2 rear. 6.0 HEADLIGHT ADJUSTMENTS: After conversion, the manufacturer will adjust the headlights for proper alignment using appropriate equipment to accurately align headlights per FMVSS requirements prior to delivery. 6.1 BODY SPECIFICATIONS: Conversion of a minivan by modifying the sidewalls, or floor, shall require the construction of an internal reinforcement of equal or greater strength which does not destroy or reduce the original integrity or strength of the vehicle against impact. All metal components which are added, as reinforcement shall be professionally seam welded, and shall be made corrosion proof through a commercial primer application or the use of stainless steel or aluminized steel a) Interior Height: Shall provide a maximum measurement of 60 inches (plus or minus 2 inches) at the vehicle center of the interior roof to the interior of the vehicle floor. 6.2 FMVSS TESTING: Documentation showing successful compliance with FMVSS 571.126, 135, 204, 206, 208, 214, and 216 standards for the current model requested after conversion is required to be provided prior to bid award. 6.3 OEM "PASS THROUGH": Documentation by an engineering associate must be provided which states the reasons for OEM "Pass Through" where claimed in lieu of required FMVSS testing. The Cooperative reserves the right to request re-testing if a pass through claim, based on submitted documentation, is deemed inappropriate. 6.4 VEHICLE PRODUCTION: The bidder shall submit a vehicle modification production work plan with the bid which describes the processes used when OEM vehicle flooring is cut out and accessibility modifications made. The production work plan shall include the method of bracing, type of cutting, welding, and attachments, and reinforcements which would ensure proper alignment and construction. a) Reinforcement: Any modifications to the floor, roof, or sides shall require reinforcement to prevent vibration, drumming, or flexing. b) Exterior Panels: Shall be sufficiently stiff to prevent vibration, drumming, or flexing while the minivan is in normal operation. c) Structural Securement: All points of contact between longitudinal or cross members and other structural materials shall be welded, or bolted with minimum grade 5 zinc plated, cadmium plated, or galvanized fasteners. 10 d) Insulation: The roof and body shall be fully insulated, OEM is acceptable. Add-on insulation shall be glued or affixed in such a manner which does not allow sagging or bunching of the insulation. e) Road Noise: At 60 miles per hour, the ambient noise level shall not exceed 89.5 DB measured from the geometric center of the passenger compartment. f) Fasteners: All metal hardware and fasteners shall be non-corrosive high strength steel. Clamps shall be fully insulated to prevent premature wear. 6.5 MISCELLANEOUS BODY COMPONENTS: a) Windshield Wipers: Intermittent with dual jet washers and multiple speed control. b) Rear Window Accessories: The rear window shall have an OEM electric window defogger, wiper, and washer. c) Paint: The basic vehicle factory color shall be OEM standard white. Chip guard paint (same color as body) shall be standard. The reference point (for the top) shall be from a point 3 inches above the bottom of an unmodified sliding door. The chip guard shall be applied from this point to the bottom of the rocker panel, and shall extend from the rear of the front wheel opening to the front of the rear wheel opening. d) Transit Striping: Transit stripe, 3 inch width, will be installed on each side of the vehicle. Colors available at a minimum shall be: white, red, orange, yellow, green, light blue, and blue. Reference: Stripe shall be 3M reflective tape series 680, or approved equal. The stripe shall be white if user does not choose another color. The stripe will be installed in a professional manner with cutouts for emblems etc. See Drawing "A" Page 19 for install position of stripe. e) Rear View Mirror: An interior rear-view OEM mirror with a night driving adjustment shall be installed to afford the driver a view of all passengers. f) Side View Mirrors: Each minivan shall be equipped with OEM exterior left and right side mirrors, the largest available, containing a convex/wide view mirror on the right side. Mirrors shall have electric adjustment capability. g) Sun Visors: Two OEM fully adjustable sun visors shall be provided. h) Sealant, Rust proofing and Undercoating: All exposed floor attachment seams shall be sealed with a high rated butyl caulk. The entire surface of the exterior lowered floor shall have a rust inhibiting coating with a nonflammable resin equal to Tectyl 121 applied to cover all welded areas, and then a fresh application of undercoating over the entire surface. Undercoating shall comply with current federal and state flammability standards. 11 6.6 PASSENGER DOORS AND STEPWELLS: The minivan shall have standard OEM driver and passenger front doors; one manual right side mobility aid accessible rear passenger door, with a minimum opening height of 56 inches, a minimum usable width which will accommodate the ramp platform without causing the ramp to contact the door, and the opening bottom shall be a minimum of 9 inches above the ground. Door extensions shall be constructed of stainless steel. Both sliding doors shall have a locking mechanism to securely hold doors in the open position when the vehicle is on a hill. a) Ground effects: Vehicle shall incorporate stainless steel or aluminum body extensions on both street and curb side of vehicle. These shall be primed and painted to match the exterior color of the vehicle. See Drawing A for details. a) Passenger Door Tracks: Sliding doors must have reinforced glides with an added stop brace to prevent doors from sliding off track. Door tracks shall be reinforced or strengthened beyond OEM standards as needed in all areas of contact with the sliding door arms. b) Sliding Passenger Door Arms/Brackets: Reinforcement of the sliding door components shall be, at a minimum, adequate to support the excess weight created by the floor and door extensions. Under normal closure conditions, there should be no evidence of door track "flexing" or wobbling. c) Sliding Door Closures: The minivan sliding passenger doors shall be easily opened, closed and latched by pulling the door handle with one hand. Full instructions shall be provided on the proper maintenance and periodic adjustment of the sliding door(s). d) Locks: OEM remote keyless entry shall be provided with four (4) OEM full function key fobs. All access doors shall have power locks with driver single control capability in the interior. e) Sliding Left Passenger Door: An OEM-built second sliding door shall be provided on the rear passenger left side of the vehicle. The door height opening shall be a minimum of 52 inches. The door width shall be as provided by the OEM. The door shall be equipped with an interlock system so that the door cannot be opened beyond the fuel door when the fuel door is open. f) Rear Door Emergency Exit: The rear cargo door shall be provided with a quick release, manual override for opening the door from inside the vehicle. The vehicle override device shall be mounted on the inside of the rear door to prevent accidental release. The handle shall be coated with a florescent yellow or bright red, for easy identification. A permanent label with a minimum 1/2 inch letters shall be attached near the handle with opening instructions. g) Signage: All emergency exits and signs shall comply with the Federal Motor Vehicle Safety Regulations, the California Motor Vehicle Code, and California Code of Regulations Title 13. 12 6.7 INTERIOR PANELS: All interior panels shall be OEM vinyl/cloth or equal. Materials and treatments shall be flame retardant to meet FMVSS 571.302 and be surface treated for efficient cleaning. Panel fastening devices shall match the color of the panels. 6.8 INTERIOR COLOR: The interior shall provide a pleasant atmosphere, be aesthetically pleasing, and contain smooth finishes without any unprotected sharp edges. The basic vehicle interior shall be a dark blue/gray, with additional color selections subject to Contractor availability. 7.0 FLOORING: a) Sub Floor: The interior floor, including area behind rear seat, shall be insulated with minimum 3/8 inch thick marine grade plywood to minimize interior noise. The adhesive used in the production of said plywood must be marine quality. b) Floor Pan: The floor pan shall be a minimum #16 gauge stainless steel or aluminized steel, with rust inhibiting epoxy primer or equivalent covering the weld joints. The vehicle floor and related components must be structurally sufficient to meet the requirements of FMVSS 207 and 210 for all seating systems and belt anchorages as well as SAE J2249 for the mobility aid restraint system. Said tests must be performed using a representative floor pan vehicle structure. (Bench testing of OEM seats, if modified, that utilize unaltered OEM anchorages may be tested independent of the vehicle.) Testing must be done by an American Association for Laboratory Accreditation, or equal, accredited facility. Seats that do not utilize OEM floor structure must be tested with replacement floor structure. Above testing can be done with floor structure jig mounted if the vendor can validate this test will satisfy FMVSS requirements. Submit testing results prior to award. The resulting floor must be continuous and sealed to provide a watertight interior compartment. The replacement vehicle floor and related components must be corrosion resistant, meeting the requirements for 1000-hr exposure as specified in ASTM B117. c) Floor Covering Material: The floor surface shall be covered by commercial-grade transit flooring, 1.8mm Altro Transflor Chroma Zeal, or approved equal, possessing anti-skid properties. Rear area behind seats to be covered with rubber material, securely adhered to the subfloor. The floor covering color shall be coordinated with the vehicle interior. The flooring shall be securely bonded to the sub-floor with Altro Eco 20 (or approved equal) water based adhesive for porous surfaces, all non-porous surfaces to use Altro 8165 (or approved equal) contact adhesive. All edges shall be sealed and all seams heat welded to prevent water penetration. The floor shall be installed according to manufacturer's directions, using proper tools, accessories and adhesives. d) Trip Hazards: All areas of the vehicle interior floor shall be level, with no tripping hazards throughout the access area. Mobility Aid restraint tracks, and seat locks 13 shall be beveled with no sharp edges and will protrude no more than 1/4 inch above the floor surface. 7.1 SEATS AND GRAB HANDLES a) All seats are to be manufactured utilizing materials designed to withstand the demands of transit and paratransit use. All visually exposed metal must powder coated or stainless steel. All seat frames must be constructed with heavy-duty steel/tubing and shall be jig welded to insure maximum consistency and durability. There are to be no sharp edges that may snag or injure passengers. All seats and restraints in the vehicle, as specified, must comply with current FMVSS standards, including 201, 202, 207, 208, 209, 210, and 214. Documentation of current model year testing and seats as specified within shall be provided prior to award. Testing by an American Association for Laboratory Accreditation or equal, accredited test facility of individual components independent of the vehicle will be accepted if done on a representative floor, and the vendor can validate that test results, meet all FMVSS requirements, and could be duplicated in the production vehicle. Any alterations to OEM seats or mounts that affect these tests must also be tested. All seat material shall be gray and compliant with Docket 90-A, FTA (ASTM E662/FAR 25.853). The seat material must also be bacterial resistant and conform to ASTM G21 on the face and back. Seat material shall be available in vinyl or fabric at buyer's option at no additional charge. All cushions must be fully enclosed by the seat fabric, vinyl or flame blocker material. Cloth seat fabric shall be a minimum 100,000 double rub woven material, anti-bacterial and anti- microbial; the seat fabric shall have a moisture repellant treatment that prevents liquids from passing through fabric. b) Front Passenger Seat: The seat base shall be adapted to permit easy roll out for mobility aid access, OEM style is acceptable. The seat shall lock and unlock easily from the floor area, and have a positive lock device with visual indicator which assures securement is in place. This shall be highlighted with Yellow or Red to visually identify the latch as not being secure. Foot base for this seat position shall be easily removed from the seat base for easy transport and storage. d) Center Row Seat: The center seat shall be a two passenger fold up type, reference Freedman ASSY, 3PT FOLDAWAY, CRS, DBL, SS, Mid Hi, or approved equal, without the outer leg locking floor latch. The seat shall have US arm fold up armrests, or approved equal, on the right side. e) Center Row Seat Pedestal Lock: The rear center seat shall have an automatic lock mechanism built into the seat mounting pedestal to prevent the seat from flipping up during left side boarding. The lock must be engineered and installed by the seat provider and meet all specified test requirements. f) Center Row Seat Clearance: Fully folded, there shall be a minimum of 45-1/2 inches of clearance from the outer edge of the folded seat bottom cushion/seat structure to the right sliding door opening at inside ramp edge (when deployed). 14 This shall be measured by drawing an imaginary vertical line from the edge of the seat at its closest point to the door opening. g) Rear Row Passenger Seats: The rear most passenger seats shall be capable of accommodating three adult size passengers. The seat design shall include a split back design (minimum 50/50, maximum 60/40 design) to allow independent folding of the back rest. OEM split back seat is allowed if it meets all other seat requirements. Seat back shall have a forward dump feature to allow for emergency evacuation. The dump release mechanism must be operational from both the front and the back of the seat. When the back rest is dumped forward, it shall lock in the down position until released with either the front or rear mechanism. When dumped forward, the back rest shall be totally flat and horizontal. The thickness of the seat cushion shall be minimized to facilitate the lowest possible overall seat cushion height. The distance from the top of the seat cushion to the modified floor surface shall not exceed 20 inches. Seats shall come equipped with CRS-225 hooks and rear tether and must comply with FMVSS 225. h) Seat belts: All seats shall have OEM, or equal 3-point seat belts. Each vehicle shall have two seat belt extenders, one 15 inch and one 9 inch. Seat Belts shall meet or exceed FMVSS 209. Passenger restraints shall be furnished for all passengers, consisting of shoulder seatbelts and/or lap belts. Securement devices, both for ambulatory and mobility aid passengers, shall meet all state and federal standards. i) Grab Handles: Grab handles shall be installed, one on each pillar between the front and side sliding doors, one mounted at the rear of each side sliding door (on the pillar), and one mounted in the interior for the curb side front passenger seat, between the front door and the windshield (5 total grab handles) where already installed, OEM are acceptable. Non-OEM grab handles shall be padded with a non-slip surface for comfort and safety and conform to ADA requirements as listed in 49 CFR, Part 38, Subpart B. 7.2 MOBILITY AID SECUREMENTS: a) Mobility Aid Security and Occupant Restraint Systems: The securement system shall be Q'Straint Securement System model QRT Q 8300-Max, the QRT Deluxe 8100 series (dual knob) retractor, Surelock Titan, or approved equal. These will be by agency choice. Retractors MUST be AUTOMATIC SELF-LOCKING and SELF-TENSIONING. The system(s) shall be flanged "L" continuous track mounted type, capable of securing a variety of common mobility aid designs and accommodate a wide range of occupant sizes. The Contractor shall provide detailed instructions for mobility aid placement, tie-down belt operation, etc. Each vehicle shall come with two retractable tie-down systems. b) Mobility Aid Securement and Occupant Restraint System(s): All attachment hardware and anchorages shall meet or exceed the following requirements: 15 * 30 mph/20 Impact Test criteria per SAE J2249 * 36 CFR Part 1192 and CFR Part 38 (ADA) * All applicable FMVSS, as amended * California Code of Regulations, Title 13 c) Mobility Aid Securement System: Each vehicle shall be equipped with the number of securement systems as required in Section 1.1 of this specification. d) Track Mounting: The system anchorages and/or "L" track shall be mounted to the vehicle floor in accordance with the requirements of the system manufacturer. A copy of the manufacturer's installation instructions must be provided to MBTA prior to award. e) Track Installation: As standard, the vehicle shall be equipped with laterally oriented mobility aid restraint track. Track shall include end caps where track does not terminate into the side wall. Floor plans illustrating locations of must be available for review and approval prior to the bid award. Floor plan must comply with requirements as described in "i" below. See drawing "B", Page 19, for current layout. f) Occupant Restraint System: For each mobility aid securement system set installed in the vehicle, a corresponding Occupant Restraint System shall also be provided. The Occupant Restraint System shall consist of adjustable lap (pelvic) belt and a shoulder (upper torso) belt, and shall meet all applicable Federal Motor Vehicle Safety Standards (FMVSS), as amended. g) Belt Web Cutter: A high quality web cutter, for emergency use, shall be provided with each vehicle, along with instructions for use. h) Storage Containers: The Contractor shall furnish and permanently install a container within the rear cargo area behind the rear seat to store the First Aid Kit, Blood Borne Pathogen Protection Kit and Reflective Triangles. A container shall also be available or provided to store tie downs. The Cooperative must approve final designs and placement. i) Mobility aid and Passenger Placement: The bidder shall furnish drawings of proposed seating arrangements, including spaces for two (2) mobility aid positions, with one minimum clearance area of 30 inches by 48 inches. The bidder must indicate sufficient space for placing/boarding two mobility aids, one position in the rear passenger area and one position in the front passenger area. At a minimum, the securement location(s) and area(s) shall meet all applicable ADA requirements. 7.3 MOBILITY AID RAMP: The vehicle shall be equipped with a manually-operated, folding, mobility access ramp which folds and unfolds through the right side door. The ramp must also swing out of the doorway about a nominally vertical axis providing clear access for ambulatory passengers. Ramp and all components shall 16 leave a clear path to and from the rear and center seats with no trip hazards. Bidders shall provide illustrations of their ramp construction, which must be built to withstand heavy transit use. This ramp shall comply with ADA, 49 CFR Section 38.23(c) and 38.25(b). The fold and unfold motion of the ramp must be counterbalanced so that the force exerted by the operator does not exceed 15 lbs. damped so that, in the event the ramp is allowed to free fall, no point along the ramp length shall move faster than 18 inches/second. a) Obstruction: The installed ramp shall not obstruct the view of the driver through any vehicle window. b) Usable Width: The ramp shall have a minimum usable width of 30 inches and a slope meeting the requirements of ADA, 49 CFR, Section 38.23(c) Vehicle Ramp (5) Slope. c) Tensioning Device: The ramp shall have an adjustable tensioning device installed that prevents rattling of the ramp while folded up inside the vehicle, during driving. d) Mechanism: Both handle and cable or pull mechanism that releases ramp for swing away operation must be reinforced for transit use. The handle must be highlighted with florescent coloring for easy identification. e) Hardware and Ramp Bracket: The ramp bracket shall be constructed of heavy gauge steel, reinforced to prevent bending and covered with illumination type paint or coating for easy visibility while boarding. The bracket shall be as streamlined as possible and shall have a cover to remove sharp edges. Self-lubricating bearings will be used where necessary. The ramp bracket attaching hardware shall be a minimum of grade 5, and shall be the self-locking type to prevent loosening. 7.5 MISCELLANEOUS RAMP: a) Ramp Surface: The ramp surface shall be continuous and made skid resistant through an epoxy/powder coating or similar permanent application, have no protrusions from the surface greater than ¼ inch and shall accommodate both four-wheel and three-wheel mobility aids. b) Ramp Load: The ramp shall support a load of 750 lbs., placed halfway up the ramp distributed over an area of 26 inches by 26 inches, with a safety factor of at least three (3) based on the ultimate strength of the material. c) Ramp Visibility: An outline of 1 inch safety approved reflective tape, 3M or equivalent, shall run along both sides of the ramp and the outer and inner edge for increased visibility. Reflective yellow or white is required. 7.6 VEHICLE PREPARATION: Upon final delivery, a copy of the weight certificate and wheel alignment shall be provided. The vehicle(s) will be washed externally and cleaned internally, in a professional manner. Vehicles with road dust and mud, dirty 17 carpets and floor, streaked and smudged windows, etc. will not be accepted at the delivery site. 7.7 CALIFORNIA EMISSIONS: Vehicle engine and fuel system must have Certified California Emissions; Documentation must be provided prior to award. 7.8 SAFETY EQUIPMENT: All safety equipment shall be OSHA and Title 13 compliant, clearly marked, installed and secured to the vehicle, and must be easily accessible to the driver. Installation shall not interfere with passenger or driver entry or exit. a) First Aid Kit: A minimum 10-unit first-aid kit shall be furnished and mounted in the rear storage container which meets the requirements of the California Code of Regulations, Title 13 Section 1243. b) Blood Borne Pathogen Protection Kit: A blood borne pathogen protection kit with case shall be furnished and mounted in the rear storage area of the vehicle. c) Fire Extinguisher: One metal or plastic constructed California Highway Patrol approved minimum 2.5 lb. 4BC fire extinguisher shall be provided, containing a gauge to indicate the state of charge and an automotive-type bracket with easy release strap for storage/securement. The extinguisher shall be mounted in the rear storage area of the vehicle. The fire extinguisher is to be inspected and certified by a California inspector authorized to do so by the State Fire Marshall at time of delivery. d) Reflective Triangles: One set of three triangle warning devices, in a container, meeting the requirements of FMVSS 571.125 and approved by the California Highway Patrol. e) Dash Warning Light: A red, flashing, heavy duty warning light, a minimum 1 inch in diameter, will be installed on the driver's side dash panel, in an area clearly noticeable to the driver in a seated position, and activated when right or left sliding door are open or ajar and the ignition switch on. The light lens or trimming shall be clearly lettered, "door ajar." f) Backup Alarm: A heavy-duty, weatherproofed warning alarm, ECCO #530 or 575, or approved equal, shall be provided which is readily audible from the outside when the transmission is in reverse. g) Air Bags: Front airbags shall be installed and equipped for the model specified by the OEM, and will meet all Federal and State Safety Standards. h) Rear Cargo Restraint: The rear cargo area will have web-like nylon/elastic netting to secure objects. i) Control Interlock: The curbside sliding door shall be interlocked with the vehicle emergency brakes and transmission to ensure the vehicle cannot be moved 18 when the curbside slide door is open. The interlock shall be a fully automatic, solid state, microprocessor controlled unit (Ref. Intermotive ILIS 602G) or approved equal. Interlock shall utilize an LED display panel to show subsystem status and integrated into the dash. The Interlock must prevent driving the vehicle with parking brake left on. The Interlock must meet ADA Title 49 Lift Interlock requirements. j) Yellow Safety Tape or Coating: The interior folding ramp pivot hinge and center folding seat base shall be covered with a yellow tape or coating to provide contrast. Both curb side and street side door openings shall have a two inch yellow band across the edge of the door opening. The band shall be Altro floor material intended for step edges and installed flush with the existing Altro floor material and per manufacturer's instructions. 8.0 PUBLICATIONS AND PRINTED MATERIALS: Each vehicle will have complete set of operation, quality assurance, and warranty publications. Operation Manual: A complete operations manual will be provided which covers the conversion features on the vehicle as listed in this specification. The manual will provide complete, comprehensive instructions for the mobility aid accessories, mobility aid ramp deployment, deployment of seats, and related equipment. Quality Assurance Checklist: A quality assurance checklist will be completed by the Contractor which documents a thorough inspection of each vehicle by a company representative immediately after construction and identifies any needed corrective action for specification compliance. Warranty Information: Each vehicle will have a published listing of Contractor warranty repair locations, including address, telephone number, contact name & location maps. 8.1 OPTIONS: a) Power sliding curbside door b) Portable/removable ramp. c) Credit for center foldaway seat d) Seat belt monitoring for rear seat position, copilots removable seat and drivers seat. System to warn passenger when passenger belt is not buckled with passenger in place and of vehicle movement. Ref: Intermotive Seat Belt Monitoring System 19 8.2 Vehicle Drawings DRAWING A DRAWING B 20 9.0 CONTRACTOR REQUIREMENTS & NOTES WARRANTY: The warranty of each unit shall include the chassis, engine, drive train, modifications, etc., and shall be equal to the current OEM standard warranty and shall start on the date of acceptance. The Contractor will coordinate warranty issues during the standard warranty period for all OEM and conversion manufacturer products. Each contractor shall describe his/her policy and procedures concerning warranties, both on workmanship and material, as applying to this equipment, and the contractor's/manufacturer's method of adjustment. The final stage manufacturer and Contractor shall assume the responsibility and warranty for all materials and accessories used in the vehicles, whether they are made by the manufacturer or purchased from an outside source for a minimum warranty of three (3) years or 36,000 miles. A copy of OEM warranty and manufacturer's warranty shall be provided for each unit. The California Department of Transportation shall not be considered to be a dealer; however, the Contractor shall provide The Cooperative a copy of any recall notice. Any modification added to the base OEM vehicle that is required to be removed from the vehicle to perform warranty work will be at the cost of the Contractor. All warranty repairs will be the responsibility of and under the control of the Contractor. 21 Fleet Defects: A Fleet defect is defined as the failure of identical items covered by the warranty and occurring in the warranty period in a proportion of vehicles delivered under this contract. For the purposes of this bid, identical defects occurring in 25 percent of the vehicles delivered shall be considered a "Fleet Defect." The Contractor shall correct a fleet defect under the warranty provisions. The Contractor then is responsible to perform inspections and take corrective action for all vehicles that incorporate the item having been found to be a "Fleet Defect." This inspection/repair action shall also be required on any vehicle that is no longer under the standard warranty if it still meets the time or mileage requirements of the warranty. SERVICE WARRANTY: Any recognized service or warranty work required, which is performed by the Contractor, under the Contractor's or manufacturer's warranty shall be at a location within the state and will be the responsibility of and paid for by the Contractor. This location must be within two (2) hours travel time of the recipient's location or the Contractor must provide warranty work certification to a local shop capable of performing the work. EXPERIENCE: Each bidder shall submit evidence of his/her ability and experience to provide the equipment described in these specifications with the bid, by including a list of five users' names, addresses, and telephone numbers who have been provided similar equipment on the same chassis from the same Contractor/manufacturer during the past two years. If a newly manufactured vehicle is bid, the Cooperative will determine the acceptability and qualifications of the manufacturer. The Cooperative' decision shall be final. PARTS: An adequate stock of repair parts and qualified service facilities must be readily available in California, and must be available and delivered to the transportation providers repair shop within 72 hours of the time requested/ordered from the Contractor. The Contractor will bear all reasonable financial costs for providing backup service from alternative sources, for failure to provide repair parts within the 72-hour time limit; and will bear all such costs until the parts are received. Freight and transportation for the parts is the responsibility of the Contractor and use of overnight delivery is required when the bus is put out of service due to the needed parts. If overnight delivery is not available the part must be sent by the fastest method available and at a minimum using UPS Ground Trac. INSPECTION: The intent of this inspection is to resolve as many discrepancies, as possible, on the equipment and allow the manufacturer the opportunity to correct the discrepancies while the equipment is still in the manufacturer's plant and before shipment to California. The cost of these inspections will be paid by the agency identified on the purchase order. This inspection in itself will not constitute acceptance of the vehicle. Final acceptance will be made upon delivery of an acceptable product complying with the specifications at the designated location indicated on the purchase order. The vehicles are to be transported to the contractor 22 from the vehicle manufacturer. If the odometer reading exceeds 300 miles at the time of delivery there will be a charge of five dollars ($5.00) per mile for each vehicle payable to the purchasing agency or deducted from the vendor invoice. Upon bid award, a preproduction meeting is required at the manufacturer's facility. The meeting will include at a minimum, representative(s) from the successful manufacturer, dealer and representative(s) from the Cooperative. A vehicle built to specification will be available for inspection prior to the start of the meeting. For out- of- state travel the Contractor/manufacturer will pay the travel and per diem expense for up to two (2) Cooperative representatives. The Cooperative is to be notified in writing, a minimum of 30 days prior to the meeting date. The successful bidder will pay upon the Cooperative's request the inspection fees and travel expenses for one (1) independent inspection consultant per vehicle directly invoiced to the successful bidder. The Contractor/manufacturer can request additional in-plant inspections during the design and construction of the vehicles, upon contract award. The Contractor/manufacturer as detailed above must pay all travel costs. Vehicle's inspected out-of-state at the manufacturer's plants, which do not comply with the specifications, will not be approved for shipment to California. Twenty (20) calendar days will be allowed to correct all deficiencies. Additional inspection trips for compliance will be at the expense of the Contractor and include all expenses (meals, lodging, and transportation). Prior to delivery, each vehicle shall be inspected and serviced by the Contractor or by an authorized dealer of the manufacturer in a service shop within California. The Vehicle will be inspected for compliance to vehicle specifications, FMVSS and Buy America requirements. The purchasing agency inspector is to be contacted a minimum of three (3) business days prior to vehicle being ready for inspection. A service technician is to be available to the inspector to correct and note deficiencies that are identified while the inspector is on the premise. A written copy of the inspection is to be provided to the purchasing agency at the time of delivery. Non compliant items that are noted by the inspector will need authorization by the inspector verifying that the deficiency has been corrected prior to delivery. SERVICE: The vehicle service shall include not less than the following prior to delivery: 1. Check all fluid levels and fill as necessary. This inspection must include engine oil, hydraulic oil, transmission fluid, coolant level and mixture, battery levels, brake fluid, differential oil, washer fluid. 2. Complete wash and detail of the vehicle prior to delivery and inspection. 3. Full tank of fuel at the F.O.B. point. 23 4. Check to insure proper operation of all accessories, gauges, lights, mechanical, and hydraulic features. Particular attention shall be given to door alignment, lift operation, weather-stripping, hardware, paint condition and tagging of cooling system. 5. A copy of the pre-delivery inspection and all subsequent inspections by contract inspectors are to be provided to the receiving agency upon delivery. 6. A copy of a certificate from a State (state of final builders location will be accepted for the purpose of bid review) certified scale showing the unladen weight of the vehicle, with a full fuel tank, as specified must be submitted with the bid. ACCEPTANCE: Final acceptance will be made upon delivery of acceptable products complying with the specifications at the designated locations in the purchase order and signature of acceptance by the agency listed on the purchase order. Acceptance of delivery or placement in operation of any equipment shall not release the manufacturer from liability for faulty design, workmanship, or a material defect appearing even after final payment has been made. VEHICLE REGISTRATION DOCUMENTS REQUIRED: The Contractor shall register all vehicles as per buyer's requirements. A certification of compliance for vehicle emissions must be supplied at the time of delivery of each unit. GENERAL: All equipment cataloged as standard for the basic vehicle, unless superseded by these specifications, must be furnished and included in the purchase price of each vehicle. Complete printed specifications, published literature, and photos, or illustrations of the basic unit or units that the bidder proposes to furnish must be provided prior to Award. Bids will not be considered if the Contractor's designated F.O.B. delivery destination is other than that stated in the invitation to bid. Bids will be considered only from a manufacturer having a California representative carrying an adequate supply of repair parts in California. This representative shall have the capability of performing all warranty work in the State of California. The manufacturer shall provide full and competent engineering services to handle any, and correct all problems associated with the performance of this equipment. At least one qualified service representative shall be available to render prompt service. All equipment/options are to be factory installed. If the equipment/options are not available for factory installation, dealer installed equipment/accessories may be acceptable to meet the specifications. Any component added to the vehicle by the dealer must meet manufacturers approved instructions for additions. The bidder is to specify those items that will be dealer installed. 24 Modifications to the vehicles may be performed by final-stage manufacturers only if National Highway Traffic Safety Administration certifies them and are registered to manufacture or alter vehicles in accordance with the Code of Federal Regulations, Title 49, Parts 567-568. In addition, all modifications must be in accordance with the OEM guidelines for building on an incomplete chassis (i.e. Ford's Quality Vehicle Modifiers guidelines and body builder's manual). The vehicle manufacturer must be ISO 9001 certified and a copy of the certifications must be submitted with the bid documents. Due to the critical nature of this product, the requirements of these regulations and standards will be strictly enforced. It is the Contractor's responsibility to obtain current copies of the regulations for bidding and/or construction purposes. The Contractor is required to provide certification affixed to each vehicle that each unit meets or exceeds all State and Federal requirements as of the date of manufacture. California Air Resources Board (CARB) re-certification must be supplied for any components not supplied with the OEM chassis that effects the fuel or exhaust system. Provide copies prior to award. The final-stage manufacturer will be required to provide all test data, drawings, etc., relating to the certification of the vehicle as an accessible vehicle. Upon delivery, it shall be the supplier's responsibility to provide any evidence necessary that the product fully meets all requirements of this set of specifications. QUALITY OF MATERIALS: Whenever, under the contract documents, it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured article shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation. Welding procedures and materials shall be in accordance with standards of the American Society of Testing Materials and the American Welding Society. All visible welds shall be ground smooth. Where metal is welded, the contact surface shall be free of scale, spatter, and grease and shall be treated to preclude rusting. INVOICE PAYMENTS: Manufacturers invoice(s) submitted to the agency identified on the purchase order for payment must include the tax exemption for handicapped equipment (California Revenue and Taxation Code Section 6394.4). 10.0 BIDDERS REQUIRED SUBMITTALS I, ________________________, of ____________________________ certify that I have read and will comply with all bid materials and requirements as stated in the bid materials. Please initial Next to each item that you have completed, understand, submitted and will comply with the following: 25 Low Floor Minivan, Class D: To be included with the bid: ______1) A copy of the Manufacturer's ISO 9001: 2000 Certification 2) Vehicle Weight Requirements ______ a) GVWR Certification ______ b) Passenger Load schematic that shows the passenger seat positions ______ c) Unladen Weight certificate from a state certified scale ______ d) Payload Weight detail demonstrating GVWR compliance ______ e) GAWR Compliance ______3) Replacement Fuel Tank documentation from the tank manufacturer to show compliance with FMVSS standards, CARB and EPA requirements. ______4) Verification of two years experience Prior to award: ______1) Evidence that bidder holds a valid distributor agreement from the bus manufacturer or is the bus manufacturer. ______2) FMVSS Testing: Documentation showing successful compliance with FMVSS 571 126,135,201,202,204,206,207,.208,209,210, 214, 216,and 302 standards or OEM "Pass Through" with reasons for OEM "Pass Through" ) FMVSS Compliance documentation for current model year and seats. ______3) Certificate of California Emissions compliance ______4) Track Mounting; copy of manufacturer's installation instructions. ______5) Documentation that shows how Front Drive Axle Angle Alignment is maintained after lowered floor modification. ______6) Sub Packages-Listing of OEM chassis and packages published by the OEM with listed items. 7) Complete printed specifications, published literature, and photos of the basic unit or unit that the bidder proposes to furnish. At time of inspection/ delivery (acceptance) of each unit: ______1) A State of California certified weight slip ______2) Documentation of wheel alignment with adjustment data including Vehicle ID number ______3) A schematic diagram of engineering quality indicating color and function of circuit protection ______4) Operation Manual, Quality Assurance Checklist, Warranty Information ______5) Pre-delivery inspection and all subsequent inspections by contract inspectors 26 ______6) Certification of compliance for vehicle emissions ______7) Complete printed specifications, published literature, and photos or illustrations of the units. ______8) Final-stage manufacturer to provide all test data, drawings relating to the certification of the vehicle as an accessible vehicle. Upon Request: ______ Any Information that the Cooperative deems appropriate. 27 11.0 Base Price (Pre-tax as specified in this submission). Mark "No-Bid" if your firm is not proposing for a particular vehicle class 11.1 Class Base D _________________ 11.2 EVALUATED OPTIONS: a) Power sliding curbside door b) Portable/removable ramp. c) Credit for center foldaway seat d) Seat Belt Monitoring System NOTE-PRICING IS NOT TO BE PROVIDED WITH INITIAL SUBMISSION, MBTA WILL REQUEST THIS INFORMATION AND PROVIDE FURTHER INSTRUCTIONS WHEN APPROPRIATE 28


text:
Panic! at The Disco at the Greek
* Additional fees apply.
The last date listed for Panic! at The Disco was Tuesday August 26, 2014 / 7:30pm.
Most Popular Music Event Nearby
Idina Menzel: Tony-Winning Actress, Singer (Wicked, Rent) in Concert
- Full Price:
- $55.00 - $110.00
- Our Price:
- $27.50 - $87.50
Idina Menzel is a Tony Award-winning actress, singer and songwriter who has had a diverse career ...Learn More
Venue Details
We had a picnic before the show it was very nice.Pat Benatar and Neil Giraldo With Cheap Trick dining • Dec 14 2014 star this tip starred
Food prices were standard and what you expected at other similar venues.Thievery Corporation dining • Nov 22 2014 star this tip starred
Reviews & Ratings
Featured review from JuneRed Velvet
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Loved the show. Best part was that we upgraded our seats from section C to section A! All the bands were great. Walk the Moon was exceptional. They are rising stars. Heard about the tix from goldstar's notification. So glad we went.
star this review starred report as inappropriate
Brendon Urie never disappoints, a solid show from supporting acts to headliner.
star this review starred report as inappropriate
Great concert with fantastic lights and stage presence. Both warm up bands were excellent as well!
star this review starred report as inappropriate
I love Panic and they did a great job. What I wasn't expecting was the huge female teen following they have. I could barely hear the band over the entire audience singing every single word of every song, some screaming the lyrics.

subset: commoncrawl


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If for some reason you are not completely satisfied with your purchase this holiday season, choose our FREE pre-paid shipping label and we'll cover your return! This offer is only good on eligible orders placed between November 1, 2014 and December 24, 2014. We've extended our normal return period to January 15, 2015 or 30 days after your order is received - whichever comes later. Learn more about our return policy.
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LOCAL 12 - Search Results
U.S. Bank Arena not modern enough for Republican convention, would cost 90 million to renovate
CINCINNATI (Jeff Hirsh) -- There are four places in the U.S. where the Republican party's National Convention may end up, but one of them is not U.S. Bank Arena in Cincinnati.
The 40-year-old arena, oldest of any in the cities being considered by the GOP, is a key reason why Cincinnati did not make the cut for the next round of possible convention sites.
Despite its age, the arena has hosted 100 events within the past year, including some really large events.
U.S. Bank Arena has rocked the riverfront with concerts like Bruce Springsteen, The Eagles, Bruno Mars, and Pearl Jam will open its nationwide tour there in the fall.
But this arena was the stumbling block for Cincinnati making the next cut for the 2016 Republican National Convention.
The privately owned arena issued a statement saying, in part, that although U.S. Bank Arena met all initial requirements from the convention's request for proosal, addional convention specific criteria were added after the site visit and proved to be difficult to facilitate.
For example, temporary modifications for TV platforms were not doable, at least not financially.
But what about long term? A total makeover of the facility could cost $90 million dollars.
The answer is obviously no, even if it would bring in more concerts and conventions. County Commissioner Hartmann hoped the Republican Convention push would lead to the University of Cincinnati moving its basketball games to U.S. Bank Arena, providing the revenue stream needed for a fix up.
But UC seems to be leaning towards staying on campus. Mayor John Cranley says despite the GOP convention setback, Cincinnati has a lot to offer for conventions and concerts.
Cincinnati did make it through the first round of cuts for the Republican convention, and the other city eliminated in yesterday's cuts was Convention City USA, Las Vegas. There are a lot of hotels there, but their arena also not modern enough.
The four cities still in the running for the Republican convention are Dallas, Denver, Cleveland and Kansas City. They all have far more private suites than U.S. Bank Arena-- another apparent reason why Cincinnati did not make the next cut.
Follow Jeff Hirsh on Twitter @local12jeff and LIKE him on Facebook.


text: Clinical Practice Guideline for Cesarean Section Due to Cephalopelvic Disproportion Suwicha Chittithavorn MD*, Sutham Pinjaroen MD*, Chitkasaem Suwanrath MD, M Med Sci*, Karanrat Soonthornpun MD* * Department of Obstetrics and Gynecology, Faculty of Medicine, Prince of Songkla University, Hat Yai, Songkhla Objectives: To evaluate the effect of the Clinical Practice Guideline (CPG) for cesarean section due to Cepha- lopelvic Disproportion (CPD) on physician compliance, pregnancy outcomes and cesarean section rate. The study also wants to identify factors associated with physician non-compliance. Material and Method: 455 medical records of women undergoing a cesarean section due to CPD from January 1, 2002 to December 31, 2003 were reviewed. The CPG was implemented on January 1, 2003. The pregnant outcomes of women who delivered from January 1, 2002 to December 31, 2002 were used for comparison. The outcome measurements were physician compliance, pregnancy outcomes and cesarean section rates. Multivariate logistic regression analysis was used to identify factors associated with physician non-compliance. Independent variables included private care, parity, maternal height, Bishop score, mater- nal age and estimated fetal weight. Results: The compliance rate was 83%. Physician compliance in private practice was lower than in non- private practice (76.6% VS 92.4%). Pregnancy outcomes were not different between the two periods. The cesarean section rates before and after implementation of the CPG were 8.4% and 8.5%, respectively. Private practice, poor Bishop score and estimated fetal weight > 3500 g were significant predictors of physician non- compliance. Conclusion: The compliance rate was high, but the cesarean section rate due to CPD did not significantly change within a one year period. There was no adverse outcome. Physician non-compliance was more com- mon in private practice. Poor Bishop score and high estimated fetal weight were significant predictors. Keywords: Audit, Cesarean delivery, Clinical practice guidelines, Compliance J Med Assoc Thai 2006; 89 (6): 735-40 Full text. e-Journal: http://www.medassocthai.org/journal The cesarean section rate has been increas- hospitals with a high cesarean section rate. It increased ing worldwide(1-4). In Thailand, the cesarean section from 27.4% in 1991 to 36.8% in 2000, which is very rate has increased steadily from 15.2% in 1990 to 22.4% high. The WHO guideline suggests that the cesarean in 1996(5). The cesarean delivery rates have been the section rate should be no more than 15%(7). Concerned highest in private hospitals and lowest in the commu- with this trend, the authors implemented the first nity hospitals(5). A cesarean section is not always Clinical Practice Guideline (CPG) for cesarean section safe. Many complications may occur(6), and there is rate due to Cephalopelvic Disproportion (CPD) on June usually an increased length of hospital stay and higher 1, 1999. The authors were guided by their previous expenses. success where the cesarean section rate due to CPD During the past 10 years, Songklanagarind was successfully reduced from 10.7% in 1999 to 8.6% Hospital, Prince of Songkla University, is amongst the in 2002 by using a CPG derived and adapted from the one of the Royal Thai College of Obstetricians and Correspondence to : Pinjaroen S, Department of Obstetrics and Gynecology, Faculty of Medicine, Prince of Songkla Gynecologists (RTCOG)(8). However, as this rate was University, Hat Yai, Songkhla 90110, Thailand. Phone: 0-1542- very high and the authors wanted to reach an optimal 8050, Fax: 0-7442-9617, E-mail: email@example.com rate, they decided to implement a new strategy. They J Med Assoc Thai Vol. 89 No. 6 2006 735 revised and made the CPG more stringent and used a error of 5%. It indicated that at least 120 cases of compulsory checklist. After 1 year of implementation, cesarean section due to CPD were required to estimate the authors evaluated the effect of the new strategy the prevalence of physician compliance reliably. and audited the physician compliance with the revised All 455 medical records of women undergo- CPG. ing a cesarean section due to CPD or failure to progress The objective of the present study was to in Songklanagarind Hospital from 1 January 2002 to 31 evaluate the effect of the revised CPG on physician December 2003 were reviewed. The study included compliance and to identify factors associated with both before and after the implementation of the new physician non-compliance. In addition, the authors guideline. This included the time before the implemen- also evaluated the effect of the CPG on pregnancy tation of the revised CPG from 1 January 2002 to 31 outcomes and cesarean section rate. December 2002 and after the implementation of the revised CPG from 1 January 2003 to 31 December 2003. Material and Method Maternal characteristics were compared The present study was conducted in between the two periods using chi-square test and Songklanagarind Hospital, in southern Thailand. This Student's t-test. A p-value of < 0.05 was considered is a university hospital that also serves as a regional significant. Data were derived from the database of the tertiary center. The Department of Obstetrics and Statistical Unit of the Department of Obstetrics and Gynecology performs about 2,500 deliveries per year. Gynecology, Songklanagarind Hospital. It is divided into private and non-private services. The In the analysis for predictors of physician private patients have their own obstetrician care from non-compliance, the potential predictor variables ante-through postpartum. The non-private patients consisted of maternal age, parity, maternal height, type are cared by resident physicians in Obstetrics and of service, Bishop score and estimated fetal weight. Gynecology, supervised by experienced obstetricians. Factors with p-value of less than 0.05 in univariate The CPG guideline was revised and imple- analysis were included in the multivariate logistic mented into clinical practice on 1 January 2003 and was regression model. SPSS for Windows version 10.0 was similar to the RTCOG guideline. All obstetricians com- used for data analysis. mitted to follow the guideline. The new CPG criteria changed the cervical dilatation from 3 cm to 4 cm with Results 80% of effacement, in line with the RTCOG criteria. The Between 1 January 2002 and 31 December new criteria for diagnosis of CPD are: (i) at least 4 cm 2003, there were 2,685 deliveries before the implemen- of cervical dilatation and 80% of effacement, (ii) good tation of the guideline and 2,700 deliveries after the uterine contraction for at least 2 hours, and (iii) pro- implementation of the guideline. Demographic charac- traction or arrest disorder diagnosed. If one of these teristics were not different between the two periods conditions is not met, the diagnosis of CPD must (Table 1). A total of 455 women had a cesarean section be confirmed by two obstetricians. Before making a due to CPD. There were 226 and 229 cases in the decision to perform a cesarean section due to CPD, its periods before and after implementation of the guide- criteria had to be fulfilled. Physician compliance was line, respectively. defined as practice that followed the protocol. Physician compliance, after the implementa- The outcome measurements were physician tion of the guideline, evaluated from the 229 medical compliance, pregnancy outcomes and cesarean sec- records was 83%, with 76.6% in private practice and tion rates. Independent variables consisted of type of 92.4% in non-private practices. Physician compliance service, maternal age, maternal height, Bishop score, was significantly different between the two groups (p parity and estimated fetal weight. Multivariate logistic < 0.05.) There was only one case that followed the regression was used to identify factors associated criterion that requires two obstetricians to make the with physician non-compliance. decision. The compliance rate in each criterion of diag- The sample size was calculated based on the nosis of CPD was 84.7% for cervical dilatation > 4 cm, estimated prevalence of physician compliance with 96.9% for good uterine contraction and 94.7% for the CPG. Setting a confidence interval of 95% and an abnormal progress of labor. Pregnancy outcomes estimated prevalence of physician compliance based were compared between the two periods. Postpartum on a study of the previous practice. This was in accor- complications, including uterine atony, metritis, post- dance with the revised CPG of 60% with an acceptable partum hemorrhage, puerperal morbidity and wound 736 J Med Assoc Thai Vol. 89 No. 6 2006 Table 1. Maternal characteristics Variable Period before CPG Period after CPG (n = 226) (n = 229) Age (years) (Mean + SD) 29.5 + 5.2 28.6 + 5.2 Height (cm) (Mean + SD) 155.0 + 5.7 154.8 + 5.1 Gestational age at delivery (wks) (Mean + SD) 39.1 + 1.2 39.2 + 1.3 Nulliparity (%) 189 (83.6) 195 (85.2) Private case (%) 150 (66.4) 137 (59.8) Estimated fetal weight > 3500 g (%) 49 (25.0) 48 (24.6) Table 2. Pregnancy outcomes of cesarean section due to cephalopelvic disproportion Period before CPG Period after CPG p-value Postpartum complication (a) (%) 6 (2.7) 4 (1.7) 0.54(b) Fetal outcome APG score at 1 min < 4 (%) 1 (0.4) 3 (1.3) 0.55(c) < 7 (%) 11 (4.9) 9 (3.9) APG score at 5 min < 7 (%) 0 (0) 1 (0.4) 0.16(b) Meconium stained AF (%) 21 (9.3) 25 (10.9) 0.57(c) Admission to NICU (%) 1 (0.4) 4 (1.7) 0.37(b) (a) Including uterine atony, metritis, postpartum hemorrhage, puerperal morbidity and wound infection (b) Fisher's Exact test (c) Chi-square test infection, were not significantly different between the After implementation of the CPG, the cesarean section two periods. Fetal outcomes, including birth weight, rates were 10.9% for private care and 6.4% for non- Apgar scores, meconium stained in amniotic fluid and private care (Table 5). admission to the neonatal intensive care unit, were not different (Table 2.) No cases had cesarean hysterec- Discussion tomy. No fetal or maternal death or any serious compli- From the study, it was found that physician cations were detected. compliance with the CPG for cesarean delivery due to It was found by univariate analysis that in CPD was quite high. Compliance in non-private prac- private practice, Bishop score < 7, nulliparity and esti- tice was significantly higher than in private practice. mated fetal weight > 3500 g were significantly associated However, fetal outcomes were not different between with physician non-compliance (Table 3). Maternal the two groups and there were no maternal or fetal height and maternal age were not significant predic- deaths in either study group. Moreover, postpartum tors in the univariate logistic regression analysis complications were not different. It was also shown (Table 3). In the multivariate logistic regression analy- that pregnancy outcomes of all deliveries between the sis, the factors significantly associated with physician two periods were not different, indicating that the non-compliance were private practice, Bishop score authors' guideline was not harmful. < 7 and estimated fetal weight > 3500 g. Poor Bishop Compared with the authors' previous study, score had the highest likelihood for strong predictor of the compliance rate was slightly lower (83% vs 89%). physician non-compliance. For parity, there was no case This is because the revised CPG was more stringent in of non-compliance in the multiparity group (Table 4). terms of cervical dilatation. When each criterion was The cesarean section rates due to CPD were considered, the criterion of cervical dilatation had the 8.4% before and 8.5% after implementation of the highest non-compliance rate as did the first CPG(8). It CPG. In 2002, the cesarean section rates due to CPD in implies that this criterion might be impossible to follow private were 12.2% and in non-private cases were 5.2%. in some cases. However, in such cases the criteria of J Med Assoc Thai Vol. 89 No. 6 2006 737 Table 3. Univariate analysis of factors associated with physician compliance Factor Non compliance rate (%) p-value Type of service Private 32 (23.4) 0.002(a) Non-private 7 (7.6) EFW (g) > 3500 13 (27.1) 0.002(a) < 3500 14 (9.5) Height (cm) < 150 4 (14.8) 0.498(b) > 150 35 (17.3) Parity Nulliparity 39 (20) 0.002(b) Multiparity 0 (0) Maternal age (years) > 35 8 (25.8) 0.162(a) < 35 31 (15.7) Bishop score <7 22 (23.9) 0.023(a) >7 17 (12.4) EFW; estimated fetal weight (a) Chi-Square test (b) Fisher's Exact test Table 4. Factors associated with physician non-compliance using a multivariate logistic regression model Factors Odds Ratio 95%CI p-value Private care 3.31 1.23-8.91 0.018 EFW > 3500 g 3.30 2.37-17.06 <0.001 Bishop score < 7 6.36 1.27-8.53 0.014 95% CI, 95% confidence interval EFW; estimated fetal weight Table 5. Cesarean section rate in cephalopelvic disproportion Type of service Cesarean rate before CPG (%) Cesarean rate after CPG (%) Private care 150/1232 (12.2) 137/1252 (10.9) Non private 76/1453 (5.2) 92/1448 (6.4) Total 226/2685 (8.4) 229/2700 (8.5) diagnosis of CPD must be confirmed by two obstetri- into the active phase of labor. Individual judgment cians. is very important. The doctor might not wait long Multivariate logistic regression analysis enough before making a decision. Estimated fetal showed that poor Bishop score was the strongest pre- weight > 3500 g was also a significant predictor of dictor of non-compliance followed by private practice non-compliance. It implies that the doctor might feel and estimated fetal weight > 3500 g. Those cases with that the baby was big and eventually ended up with poor Bishop score have to take a longer time to enter CPD, so they did not wait until the criteria had been 738 J Med Assoc Thai Vol. 89 No. 6 2006 fulfilled. However, they did not use a second opinion on implementation and the cesarean section rate did to make the decision. not decrease, nor increase in the year following imple- In a previous study, the authors found that mentation of the revised CPG and the use of a check- private practice was the strongest predictor of non- list. There were high non-compliance caesarean section compliance (Odds ratio = 15.9)(8). However, in this rates in the private group however, length of evalua- study, Bishop score had the highest likelihood of non- tion is important. In a previous study(8), the authors compliance. In addition, cesarean section in private found that the cesarean section rate significantly care was lower. It reflects that the obstetricians in decreased after two years of implementation of the CPG. private practice were aware of the revised CPG and The authors propose that peer review and intensive had intention to decrease cesarean section rate. individual feedback should be used in all cases. In the authors' previous study, time series analysis showed that the trend of cesarean section References rate was increasing, and the first CPG could success- 1. Cunningham FG, MacDonald PC, Gant NF, Leveno fully reduce the cesarean section rate(8). However, KJ, Glistrap LC III, Hankins GDV, et al. Williams when the authors implemented the revised CPG with obstetrics. 20th ed. Connecticut: Appleton & Lange; the use of a check list, the cesarean section rate did 1997: 509-31. not change significantly. It might be difficult to further 2. Martel M, Wacholder S, Lippman A, Brohan J, reduce the cesarean section rate below this level. Hamilton E. Maternal age and primary cesarean The authors have to follow these subjects section rates: a multivariate analysis. Am J Obstet longer to see if caesarean section rate decreased to Gynecol 1987; 156: 305-8. the optimal point that balances the risk of maternal, 3. Wu WL. Cesarean delivery in Shantou, China: a fetal and economic factors. The authors' guideline was retrospective analysis of 1922 women. Birth 2000; flexible as there was a criterion requiring two obstetri- 27: 86-90. cians to make the decision case if the setting criteria 4. Jonas O, Chan A, MacHarper T. Caesarean sec- were impossible to be fulfilled. This reflects a trans- tion in South Australia, 1986. Aust N Z J Obstet parency of patient care and professional team work to Gynaecol 1989; 29: 99-106. help provide the safest and best patient care. 5. Tanchareonsathien V. Pattern of hospital delivery There was only one obstetrician who followed in Thailand, 1990-1996. Health Systems Research the criterion that requires two obstetricians to make a Institute 1998; 21-6. decision, indicating that this obstetrician was aware of 6. Read JA, Cotton DB, Miller FC. Placenta accreta: the CPG and had a strong intention to follow it. On the changing clinical aspects and outcome. Obstet other hand, some obstetricians were not ready to use Gynecol 1980; 56: 31-4. this criterion in 39 non-compliance cases. This was a 7. WHO (1985) Appropriate technology for birth. problem as they were either not aware of the CPG or Lancet 1985; 11: 436-7. they thought an unfavorable outcome might occur if 8. Suwanrath-Kengpol C, Pinjareon S, Krisanapan O, they strictly followed the CPG. Petmanee P. Effect of a clinical practice guideline In summary, the compliance rate was quite on physician compliance. Int J for Qual in Health high. The criteria proved its maternal and fetal safety Care 2004; 16: 327-32. J Med Assoc Thai Vol. 89 No. 6 2006 739 ผลของการใช้ clinical practice guideline สำหรับการผ่าตัดคลอดจากภาวะผิดสัดส่วนระหว่าง ศีรษะทารกกับอุ้งเชิงกรานต่อการปฏิบัติที่สอดคล้องของแพทย์ ผลของการตั้งครรภ์และอัตรา การผ่าตัดคลอด ิ ่ ั สุวชา จิตติถาวร, สุธรรม ปินเจริญ, จิตเกษม สุวรรณรัฐ, กรัณฑ์รตน์ สุนทรพันธ์ วัตถุประสงค์: เพื่อศึกษาผลของการใช้ clinical practice guideline (CPG) สำหรับการผ่าตัดคลอดจากภาวะ ผิดสัดส่วนระหว่างศีรษะทารกกับอุ้งเชิงกรานต่อการปฏิบัติที่สอดคล้องของแพทย์ผู้ดูแล ผลของการตั้งครรภ์ อัตรา การผ่าตัดคลอด ปัจจัยที่มีผลต่อการปฏิบัติที่ไม่สอดคล้องกับ CPG วัสดุและวิธีการ: ศึกษาจากสตรีครรภ์เดี่ยวทั้งหมด 455 ราย ที่ได้รับการผ่าตัดคลอดจากภาวะผิดสัดส่วนระหว่าง ้ ้ ั ศีรษะทารกกับอุงเชิงกราน ตังแต่วนที่ 1 มกราคม พ.ศ. 2545 ถึง 31 ธันวาคม พ.ศ. 2546 โดยประกาศใช้ CPG ตังแต่ ้ ้ั ่ ั ิ ่ี ้ 1 มกราคม พ.ศ. 2546 ตัวชีวดทีสำคัญคือ การปฏิบตทสอดคล้องกับ CPG ผลของการตังครรภ์ อัตราการผ่าตัดคลอด ่ ี ั ิ ่ี และปัจจัย ทีมผลต่อการปฏิบตทไม่สอดคล้องกับ CPG ผลการศึกษา: อัตราการปฏิบัติที่สอดคล้องกับ CPG คิดเป็น ร้อยละ 83 โดยในกลุ่มที่เจาะจงแพทย์ผู้ดูแล มีอัตรา ั ิ ่ี ่ ่ ู้ ู ั การปฏิบตทสอดคล้องกับ CPG ต่ำกว่ากลุมทีไม่เจาะจงแพทย์ผดแล อย่างมีนยสำคัญทางสถิติ คิดเป็น ร้อยละ 76.6 และ ร้อยละ 92.4 ตามลำดับ ไม่มีความแตกต่างกันของผลการคลอดในช่วงก่อนและหลังการใช้ CPG อัตราการ ผ่าตัดคลอดเนื่องจากภาวะผิดสัดส่วนระหว่างศีรษะทารกกับอุ้งเชิงกราน ก่อนและหลังใช้ CPG คิดเป็น ร้อยละ 8.4 และร้อยละ 8.5 ตามลำดับ ซึ่งไม่มีความแตกต่างกันอย่างมีนัยสำคัญทางสถิติ โดยปัจจัยที่มีผลต่อการปฏิบัติที่ ่ ่ ่ ไม่สอดคล้องกับ CPG ซึงวิเคราะห์โดยใช้ Multivariate logistic regression ได้แก่ คะแนน Bishop < 7 กลุมทีเจาะจง แพทย์ผู้ดูแล คาดคะเนน้ำหนักทารกมากกว่า หรือเท่ากับ 3500 กรัม ั ิ ่ี ่ สรุป: อัตราการปฏิบตทสอดคล้องกับ CPG ค่อนข้างสูง แต่ CPG ไม่สามารถลดอัตราการผ่าตัดคลอดเนืองจากภาวะ ผิดสัดส่วนระหว่างศีรษะทารกกับอุ้งเชิงกรานได้ภายในระยะเวลา 1 ปี แต่ผลของการใช้ข้อปฏิบัตินี้ไม่ได้เพิ่มภาวะ อันไม่พึงประสงค์แต่อย่างใด การปฏิบัติที่ไม่สอดคล้องพบมากในกลุ่มที่คะแนนBishopต่ำ การเจาะจงแพทย์ผู้ดูแล และการคาดคะเนน้ำหนักทารกมาก 740 J Med Assoc Thai Vol. 89 No. 6 2006


text:
During his confirmation hearing in early 2009, Eric Holder declared he would not politicize the Justice Department. Yet throughout more than five years in office, the attorney general has done just that—without objection from President Obama, who obviously paid no heed to Holder's promise. Indeed, it is manifestly clear that Holder and Obama approach law the same way: Where necessary, it may be manipulated—or ignored—in pursuit of political ends.
Holder has announced his resignation, and we recognize that Obama is unlikely to pick a replacement as close to him as Holder has been. With any luck, the nominee will be someone who realizes that being at least an inch or two independent of the president might be good for the Justice Department and the country. We are under no illusion, however, that Obama will choose a successor to Holder who has a more traditional understanding of law. After all, he is Obama.
Still, the situation is not futile, since the confirmation hearing will offer Republicans an opportunity to show how under Obama and Holder the law has in critical contexts been abused for political purposes. This could prove a deterrent to Holder's successor, such that some new abuse is not attempted. It could also help Republicans begin to frame an important argument as 2016 draws near: for a president—and an attorney general—committed to restoring the integrity of the Justice Department.
Among the items worth raising during the confirmation process is one that involves the department's Office of Legal Counsel, an elite unit of lawyers who provide first-class legal advice not tilted in favor of a president's political agenda. Early in Obama's first term, David Barron, a liberal Democrat installed by Holder as the acting head of OLC, signed an opinion concluding that legislation to give the District of Columbia a voting member in the House of Representatives is unconstitutional—a position the Justice Department has held since 1963, regardless of the party in power. But because Holder, like Obama, supports such legislation, he asked the deputy solicitor general whether his office could defend the bill in court and was told it could—whereupon he overruled OLC.
The problem here was not that OLC was overruled, which is permissible but rarely happens. The problem lay in how it was done. As Ed Whelan, the legal writer who was principal deputy in OLC from 2001 to 2004, wrote at the time, "the right way" for the attorney general to overrule OLC is "to conduct a full and careful formal review of the legal question." And if that review yields "the conclusion that [the attorney general's] position [is] in fact the best reading of the law . . . then [the AG] would sign a written opinion to that effect."
Instead, said Whelan, Holder "adopted a sham review that abused OLC's institutional role"; he signed no opinion giving his reasons for reversing OLC. "Holder didn't ask for [the deputy solicitor general's] best judgment as to whether the D.C. bill was constitutional. He instead asked merely whether his own position that the bill is constitutional was so beyond the pale, so beneath the low level of plausible lawyers' arguments, so legally frivolous, that the solicitor general's office, under its traditional commitment to defend any federal law for which any reasonable defense can be offered, wouldn't be able to defend it in court."
A second item concerns Holder's notable decision to stop defending in court the Defense of Marriage Act, which defined marriage (in traditional terms) for purposes of federal law. In his February 23, 2011, letter to Congress announcing that decision, Holder said it was consistent with the Justice Department's "longstanding practice of defending the constitutionality of duly-enacted statutes if reasonable arguments can be made in their defense." The implication was that there were no reasonable arguments that could be offered. That was not true—the procreation and childbearing argument surely is a "reasonable" one. No, Holder simply refused to make such arguments, a position inconsistent with "longstanding practice."
The Supreme Court, which ruled against DOMA in the 2013 case of United States v. Windsor, was not impressed with Holder's position. Said the majority: "[W]hen Congress has passed a statute and a President has signed it, it poses grave challenges to the separation of powers for the Executive at a particular moment to be able to nullify Congress' enactment solely on its own initiative." In his dissent Justice Scalia wrote, "There is no justification for the Justice Department's abandoning the law in the present case."
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Texas attorney general Greg Abbott has a famous saying: "What I really do for fun is I go into the office [and] sue the Obama administration." Abbott's relentless struggle against an administration that routinely exceeds its authority and tramples on federalism made him the ringleader among the two dozen Republican state AGs. He's now running for governor.
The attorney general of Maryland was criticized for attending an underage party that his son was DJ-ing. There you are, a reporter pointed to a picture of the party, "In front of two guys, their shirts off, with a girl twerking in between."
It appears underage drinking was taking place at this party, which is what's fueled criticism of the attorney general's attendance there.
A visitor to Richmond can't leave without a trip to John Marshall's house, a living shrine to the greatest chief justice in the history of the United States. Passing through the halls of his former home, it is as if the spirit of the great man is present in the articles he used and the rooms he inhabited. The courtly tour guide will narr
The White House defended Attorney General Eric Holder's decision to invite press to an off-the-record briefing by saying Holder "is interested in having a constructive policy discussion with professional journalists about a subject most people think is a complex policy issue." White House spokesman Josh Earnest added, "We are genuinely interested in the input, the opinion, the advice, the expertise, of leaders of prominent media organizations.
The office Deval Patrick, the governor of Massachusetts, confirms to the White House press corps that he'll be dining with President Obama tonight at the White House.
Attorney General Eric Holder avoided commenting on the Fast and Furious scandal in Boston today. The Boston Herald reports:
Texas senator John Cornyn called into question the intelligence of Attorney General Eric Holder earlier today in a radio interview. "Do you think Holder is smart?," radio host Laura Ingraham asked Cornyn. "I have not been impressed with his intelligence," Cornyn responded.
Texas senator John Cornyn told Attorney General Eric Holder to resign earlier today at a hearing on Capitol Hill:
In last week's cover story, Jennifer Rubin described the run around she received in response to her Freedom of Information Act (FOIA) requests for documentation of recusals by Justice Department lawyers who previously represented Guantanamo detainees. The official responsible for documents from the top offices at DOJ--the attorney general, deputy attorney general, and associate attorney general--told Rubin the documents were not in a readily accessible place, that three individual attorneys' offices would need to be searched, and it would take a total of eight to eleven months to produce them. However, THE WEEKLY STANDARD has now managed to obtain one of these documents--an apparently complete list of the recusals by Thomas Perrelli, the associate attorney general (the number three attorney in the Justice Department). Covering cases and clients Perrelli or his former law firm (Jenner & Block) worked on, it is six pages long and includes a list of forty-one cases involving former or current Guantanamo detainees.
The document is reproduced here. In an e-mail, Jennifer Rubin explains its significance:
Attorney General Eric Holder has been the Obama administration's point man in revising the nation's approach to terrorism. Holder said last summer that it was his decision to reinvestigate CIA operatives who had employed enhanced interrogation techniques during the Bush administration, although these individuals had been cleared by the Justice Department's career prosecutors.
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...a copy of Rolling Stone. (A Parody)
A Parody
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The evolution of Ali Khamenei from sensitive lover of Western literature to enforcer of Islamic revolutionary orthodoxy
Democratic hero worship then and now
They weren't kidnapped. They're not refugees.
Obama's no-deal presidency.
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