Montebello City Council
May 27, 2026

PROFESSIONAL SERVICES AGREEMENT NO. 4415

b. The Vendor shall provide to the City all goods, equipment, materials, and incidentals necessary to furnish nine (9), forty-foot (40’), heavy-duty compressed natural gas (CNG) transit buses, as set forth fully in the Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Goods”).

c. The Vendor shall be compensated for performance of this Agreement as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The Vendor shall provide an itemized invoice to the City in accordance with the delivery and acceptance of the Goods. The Vendor shall not incur fees or costs which exceed the Compensation without the prior written consent of the City.

SECTION 3. TERM.

a. This Agreement shall commence on the Effective Date and shall remain in effect until all Goods, including all vehicles, parts, and associated equipment and services, have been fully delivered to and accepted by the City at 400 S Taylor Ave, Montebello, CA 90640, unless terminated earlier as hereinafter provided.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.

a. The VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of VENDOR hereunder, in meeting its obligations under this Agreement.

c. The VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

d. The VENDOR shall have the right to retain, subject to the CITY's approval, additional individuals, VENDORs or subVENDORs to assist in the completion of services as herein defined. Compensation for additional individuals, VENDORs or subVENDORs shall be the sole and exclusive responsibility of the VENDOR.

e. The VENDOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the VENDOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.

a. The VENDOR hereby agrees that all work product produced pursuant to this

PROFESSIONAL SERVICES AGREEMENT NO. 4415

Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The VENDOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the VENDOR.

b. All data, documents, discussion, or other information developed or received by the VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the VENDOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The VENDOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the VENDOR and shall be the CITY’s agent with respect to obtaining the VENDOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the VENDOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the VENDOR. The VENDOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination.

This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the VENDOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. The CITY shall have the option, at its sole

PROFESSIONAL SERVICES AGREEMENT NO. 4415

discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written notice to the VENDOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the VENDOR the part of Compensation which would otherwise be payable to the VENDOR for services the VENDOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the VENDOR shall be reimbursed for any “non-refundable” costs that the VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the VENDOR prior to the date of termination, and (2) that the VENDOR provides the CITY with adequate proof that the VENDOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the VENDOR for its performance of services under this Agreement. The VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the VENDOR during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the VENDOR in the event of any default or breach by the CITY, or for any amount which may become due to the VENDOR.

SECTION 11. INDEPENDENT VENDOR.

a. The VENDOR is and shall, at all times, remain as to the CITY a wholly independent VENDOR. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the VENDOR except as expressly set forth in this Agreement. The VENDOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the VENDOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the VENDOR, the VENDOR’s employees or the VENDOR’s subVENDORs for injury or sickness arising out of performing services hereunder.

b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to the VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the VENDOR. The CITY shall have no responsibility to provide the VENDOR, its employees or subVENDORs with workers’ compensation

PROFESSIONAL SERVICES AGREEMENT NO. 4415

insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the VENDOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the VENDOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the VENDOR. If this Agreement remains in place, the VENDOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the VENDOR or any employee, agent, or subVENDOR of the VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the VENDOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the VENDOR or its employees, agents, or subVENDORs, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the VENDOR and any of its employees, agents, and subVENDORs providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The VENDOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the VENDOR to comply with this section.

SECTION 14. INDEMNIFICATION.

The VENDOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the VENDOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

PROFESSIONAL SERVICES AGREEMENT NO. 4415

a. During the term of this Agreement, the VENDOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

 Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

 Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

b. If the VENDOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR.

c. The VENDOR shall require each of its subVENDORs, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the VENDOR’s expense, the premium thereon.

f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello

PROFESSIONAL SERVICES AGREEMENT NO. 4415

Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the VENDOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The VENDOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

h. The VENDOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The VENDOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

j. The insurance provided by the VENDOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of VENDOR’s insurance and shall not contribute with it.

k. All insurance coverage provided pursuant to this Agreement shall not prohibit the VENDOR, and VENDOR’s employees, agents or subVENDORs, from waiving the right of subrogation prior to a loss. The VENDOR hereby waives all rights of subrogation against the CITY.

l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the VENDOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the VENDOR shall procure a bond guaranteeing payment of losses and expenses.

m. Procurement of insurance by the VENDOR shall not be construed as a limitation of the VENDOR'S liability or as full performance of VENDOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 4415

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The VENDOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-VENDOR, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the VENDOR and shall not bind or purport to bind the CITY and shall not release the VENDOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-VENDORs. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the VENDOR under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein

PROFESSIONAL SERVICES AGREEMENT NO. 4415

and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following

PROFESSIONAL SERVICES AGREEMENT NO. 4415

addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Transportation
Attn: John Soria, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558-1625 ext. 1315
Email: [email protected]

If to VENDOR: VENDOR Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email:

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the VENDOR shall not discriminate against any employee, sub-VENDOR, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The VENDOR will take affirmative action to ensure that sub-VENDOR and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The VENDOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the VENDOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the VENDOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The VENDOR covenants not to give or receive any compensation, monetary or

PROFESSIONAL SERVICES AGREEMENT NO. 4415

otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the VENDOR. The VENDOR's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the VENDOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4415

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“VENDOR”)

CITY OF MONTEBELLO VENDOR NAME

Raul Alvarez, City Manager Full Name, Title

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
 Exhibit A – Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01) and VENDOR’s Proposal
 Exhibit B – Schedule of Compensation

EXHIBIT “A”

Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01) and VENDOR’s Proposal

EXHIBIT “B”

Schedule of Compensation

ATTACHMENT B

1 Sept-24
Table of Contents
ACCESS TO RECORDS AND REPORTS ............................................................................................... 3 AMERICANS WITH DISABILITIES ACT (ADA)..................................................................................... 3 BUY AMERICA REQUIREMENTS ....................................................................................................... 4 CARGO PREFERENCE REQUIREMENTS ............................................................................................ 4 CHANGES TO FEDERAL REQUIREMENTS ......................................................................................... 5 CHARTER SERVICE ........................................................................................................................... 5 CIVIL RIGHTS LAWS AND REGULATIONS ......................................................................................... 6 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT ............................................... 8 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ............................................................ ..9 DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT ............................................................. 10 DEBARMENT AND SUSPENSION .................................................................................................... 11 DISADVANTAGED BUSINESS ENTERPRISE (DBE) ........................................................................... 11 ENERGY CONSERVATION ............................................................................................................... 12 EQUAL EMPLOYMENT OPPORTUNITY ........................................................................................... 12 FLY AMERICA ................................................................................................................................. 14 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .................................... 14 NO GOVERNMENT OBLIGATION TO THIRD PARTIES ..................................................................... 15 NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE, OR OTHER LEGAL MATTERS ................................................................................ 15 PATENT RIGHTS AND RIGHTS IN DATA .......................................................................................... 16 PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES ............................... 17 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ................... 18

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. .................................................................................................................................. 18 PROMPT PAYMENT ....................................................................................................................... 20 RESTRICTIONS ON LOBBYING ........................................................................................................ 20 SAFE OPERATION OF MOTOR VEHICLES ....................................................................................... 23 FEDERAL CLAUSES ........................................................................................................................... 3

ATTACHMENT C

2 Sept-24

SIMPLIFIED ACQUISITION THRESHOLD ..........................................................................................23 SOLID WASTES (RECOVERED MATERIALS) .....................................................................................23 SPECIAL DOL EEO CLAUSE FOR CONSTRUCTION PROJECTS ...........................................................25 SUBSTANCE ABUSE REQUIREMENTS ..............................................................................................27 TERMINATION ................................................................................................................................27 VETERANS HIRING PREFERENCE.....................................................................................................31 VIOLATION AND BREACH OF CONTRACT ....................................................................................... 32 FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS ........................................................35 FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS……………………………………………………33 SEVERABILITY ..................................................................................................................................33 TRAFFICKING IN PERSONS ..............................................................................................................34 OTHER RECOMMENDED CONTRACT REQUIREMENTS ................................................................... 33

3 Sept-24

FEDERAL CLAUSES

a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third-party Contracts of any type, and supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

AMERICANS WITH DISABILITIES ACT (ADA)

The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

ACCESS TO RECORDS AND REPORTS

4 Sept-24

BUY AMERICA REQUIREMENTS

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.

Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). In accordance with 2 CFR § 184.2(a), the Recipient shall apply the standards of 49 CFR Part 661 to iron, steel, and manufactured products.

Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information, please see the FTA’s Buy America webpage at: https://www.transit.dot.gov/buyamerica

CARGO PREFERENCE REQUIREMENTS

The contractor agrees:
a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United

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States-flag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.

b. to furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

CHANGES TO FEDERAL REQUIREMENTS

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and
Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

CHARTER SERVICE (N/A)

The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that Recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:

1. Federal transit laws, specifically 49 U.S.C. § 5323(d);

2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;

3. Any other federal Charter Service regulations; or

4. Federal guidance, except as FTA determines otherwise in writing.

The contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:

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1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;

2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or

3. Any other appropriate remedy that may apply.

The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.

CIVIL RIGHTS LAWS AND REGULATIONS

The following Federal Civil Rights laws and regulations apply to all contracts.

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue. 1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:
a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. 2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity

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Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity
The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:

Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract

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exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II. c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:

Compliance with the Contract Work Hours and Safety Standards Act.

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(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”

DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT

For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act.

Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing

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wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

DEBARMENT AND SUSPENSION

Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:

(1) Complies with federal debarment and suspension requirements; and

(2) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)
It is the policy of the Agency and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts.

Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:

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(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

ENERGY CONSERVATION

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).

EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has

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inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

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FLY AMERICA

a) Definitions. As used in this clause—
1) “International air transportation” means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States.
2) “United States” means the 50 States, the District of Columbia, and outlying areas. 3) “U.S.-flag air carrier” means an air carrier holding a certificate under 49 U.S.C.

Chapter 411.

b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, Agencys, and others use U.S.-flag air carriers for U.S.

Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services.
c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property.
d) In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:

Statement of Unavailability of U.S.-Flag Air Carriers
International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]:
e) Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions.

All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR §

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1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference.

Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES

The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION

RELATED TO FRAUD, WASTE, ABUSE, OR OTHER LEGAL MATTERS

If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third-Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a

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false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient.

PATENT RIGHTS AND RIGHTS IN DATA

Intellectual Property Rights
This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the Agency intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 C.F.R. part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S. DOT.

The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Contract and shall, at a minimum, include the following restrictions:

Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution.

For purposes of this Contract, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract.

Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract.

1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes,” any subject data or copyright described below. For “Federal

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Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.

a. Any subject data developed under the Contract, whether or not a copyright has been obtained; and
b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA.

2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct.

3. Unless prohibited by state law, upon request by the Federal Government, the Contractor agrees to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall not be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.

4. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.

5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work.

6. The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.

PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES

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The Contractor agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre- award and post-delivery audits performed pursuant to 49 C.F.R. part 663 and related FTA guidance.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND

RELATED ACTS

The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed.

In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT.

a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

1) Procure or obtain covered telecommunications equipment or services; 2) Extend or renew a contract to procure or obtain covered telecommunications equipment or services; or
3) Enter into a contract (or extend or renew a contract) to procure or obtain covered telecommunications equipment or services.

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(b) As described in section 889 of Public Law 115-232, “covered telecommunications equipment or services” means any of the following:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment;

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country;
(c) For the purposes of this section, “covered telecommunications equipment or services” also include systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

d) In implementing the prohibition under section 889 of Public Law 115-232, heads of executive agencies administering loan, grant, or subsidy programs must prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered telecommunications equipment or services, to procure replacement equipment or services, and to ensure that communications service to users and customers is sustained. (e) When the recipient or subrecipient accepts a loan or grant, it is certifying that it will comply with the prohibition on covered telecommunications equipment and services in this section.

The recipient or subrecipient is not required to certify that funds will not be expended on covered telecommunications equipment or services beyond the certification provided upon accepting the loan or grant and those provided upon submitting payment requests and financial reports.

(f) For additional information, see section 889 of Public Law 115-232 and§ 200.471.

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PROMPT PAYMENT
The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work. In addition, the contractor is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.

The contractor must promptly notify the Agency, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Agency.

RESTRICTIONS ON LOBBYING

Conditions on use of funds.
(a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section. (c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds.
(d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
(e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.

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Certification and disclosure.
(a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for:
(1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.
(b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of:
(1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000,

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Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section.
(c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or,
(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.
(d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section:
(1) A subcontract exceeding $100,000 at any tier under a Federal contract; (2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant;
(3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or,
(4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement,
Shall file a certification, and a disclosure form, if required, to the next tier above. (e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all disclosure forms to the agency.
(f) Any certification or disclosure form filed under paragraph (e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded.

Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S. Code.
(g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days.
(h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C.

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SAFE OPERATION OF MOTOR VEHICLES

Seat Belt Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Agency.

Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.

SIMPLIFIED ACQUISITION THRESHOLD

Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317–200.327. The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America’s eligibility and process requirements apply to any procurement in excess of $150,000. 49 U.S.C. § 5323(j)(13).

SOLID WASTES (RECOVERED MATERIALS)

(a) A Recipient or subrecipient that is a State agency or agency of a political subdivision of a State and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976 as amended, 42 U.S.C. 6962. The requirements of Section 6002 include procuring only items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

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(b) The recipient or subrecipient should, to the greatest extent practicable and consistent with law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and are sustainable. This may include purchasing compostable items and other products and services that reduce the use of single-use plastic products. See Executive Order 14057, section 101, Policy.

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SPECIAL DOL EEO CLAUSE FOR CONSTRUCTION PROJECTS

The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments

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under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information

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as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

SUBSTANCE ABUSE REQUIREMENTS

The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. part 655, produce any documentation necessary to establish its compliance with part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency, or Agency, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with part 655 and to submit the Management Information System (MIS) reports to the Agency.

TERMINATION

Termination for Convenience (General Provision)
The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’s best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination.

The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor.

If the Contractor has any property in its possession belonging to Agency, the Contractor will account for the same, and dispose of it in the manner Agency directs.

Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the

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contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.

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

If Contractor fails to remedy to Agency's satisfaction the breach or default of any of the terms,

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covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default.

Waiver of Remedies for any Breach
In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.

Termination for Convenience (Professional or Transit Service Contracts) The Agency, by written notice, may terminate this contract, in whole or in part, when it is in the Agency’s interest. If this contract is terminated, the Agency shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.

Termination for Default (Supplies and Service)
If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.

Termination for Default (Transportation Services)
If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.

If this contract is terminated while the Contractor has possession of Agency goods, the Contractor shall, upon direction of the Agency, protect and preserve the goods until surrendered to the Agency or its agent. The Contractor and Agency shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor

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was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.

Termination for Default (Construction)
If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provision of this contract, Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Agency resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Agency in completing the work.

The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged with damages under this clause if:

1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include:
acts of God, acts of Agency, acts of another contractor in the performance of a contract with Agency, epidemics, quarantine restrictions, strikes, freight embargoes; and

2. The Contractor, within [10] days from the beginning of any delay, notifies Agency in writing of the causes of delay. If, in the judgment of Agency, the delay is excusable, the time for completing the work shall be extended. The judgment of Agency shall be final and conclusive for the parties, but subject to appeal under the Disputes clause(s) of this contract.

3. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Agency.

Termination for Convenience or Default (Architect and Engineering) The Agency may terminate this contract in whole or in part, for the Agency’s convenience or because of the failure of the Contractor to fulfill the contract obligations. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Agency ‘s Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. Agency has a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials.

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If the termination is for the convenience of the Agency, the Agency’s Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.

If the termination is for failure of the Contractor to fulfill the contract obligations, the Agency may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Agency.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Agency.

Termination for Convenience or Default (Cost-Type Contracts) The Agency may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether the termination is for convenience of Agency or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the Agency, or property supplied to the Contractor by the Agency. If the termination is for default, the Agency may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Agency and the parties shall negotiate the termination settlement to be paid the Contractor.

If the termination is for the convenience of Agency, the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.

If, after serving a Notice of Termination for Default, the Agency determines that the Contractor has an excusable reason for not performing, the Agency, after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.

VETERANS HIRING PREFERENCE

Veterans Employment - Construction contracts of Federal financial assistance shall ensure that contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.

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VIOLATION AND BREACH OF CONTRACT

Disputes:

Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the agency. This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the agencies authorized representative. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the agencies authorized representative shall be binding upon the Contractor and the Contractor shall abide be the decision.

Performance during Dispute:

Unless otherwise directed by the agencies authorized representative, contractor shall continue performance under this contract while matters in dispute are being resolved.

Claims for Damages:

Should either party to the contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

Remedies:

Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the agencies authorized representative and contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the Agency is located.

Rights and Remedies:

Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the Agency or contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

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OTHER RECOMMENDED CONTRACT REQUIREMENTS

FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS

(1) The contractor certifies that it:
(a) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.

If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third Party Agreement with the Third Party Participant without FTA’s written approval.

(2) Flow-Down. The Recipient agrees to require the contractor to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement.

SEVERABILITY
The Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect.

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TRAFFICKING IN PERSONS

The contractor agrees that it and its employees that participate in the Recipient’s Award, may not:
(a) Engage in severe forms of trafficking in persons during the period of time that the Recipient’s Award is in effect;
(b) Procure a commercial sex act during the period of time that the Recipient’s Award is in effect; or
(c) Use forced labor in the performance of the Recipient’s Award or subagreements thereunder.

Cover Page
Montebello Bus Lines
O
ption Proposal for 9 – 40-foot CNG
Buses
O
ff of Basin Transit / CalACT
Contract #23-01

ATTACHMENT D

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Proposal Table of Contents

Tab 1, Letter of Transmittal
Tab 2, Bus Price Summary
Tab 3, Bus Price Change Detail
Tab 4, Tariffs
Tab 5, Payment Terms and Milestones
Tab 6, Bus Warranty Proposal
Tab 7, Bus Training Proposal
Tab 8, Bus Publications Proposal
Tab 9, Bus Tools and Diagnostics Proposal
Tab 10, Bus Contract Spares Proposal
Tab 11, Bus Delivery Schedule
Tab 12, Bus Technical Summary

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 1, Letter of Transmittal
Solicitation Requirements:

N/A
New Flyer Response:

Please see attached our T ab 1a, Letter of Transmittal to Montebello Bus Lines.

P
lease indicate your acceptance by providing a Purchase Order to New Flyer, attention:

Adrian Graca, Business Segment Director – Municipal Transit Fleets 204.470.5521
[email protected]

March 17, 2026

Mark Jimenez
Administration Manager - Transit
Montebello Bus Lines, City of Montebello
400 S Taylor Ave.,
Montebello, CA 90640

Subject: Quotation for Nine (9) 40-foot Heavy-Duty CNG Transit buses

Dear Mark,

New Flyer is pleased to submit an option price quotation for the production of Nine (9) 40-foot Heavy-Duty CNG Transit buses based on New Flyer’s agreement with Basin Transit (CalACT) Contract no. 23-01.

The proposed buses will be technically configured as per SR 2765 (XN40) for propulsion related components and SR 2979 (XHE40) for non-propulsion related components.

The XN40 price is $984,388 per bus which includes Warranty, Publications, Delivery, and Tariffs.

Tariffs
New Flyer’s proposed price currently includes known Tariff costs up to the point of this submission, as well as a 1.5% tariff contingency. Tariffs included are shown as their own line item on the price sheet for full transparency. Should Tariffs change between the submission date and line entry of the vehicle, then New Flyer will provide either a credit or cost surcharge (pass through with no markup) to Montebello based on the upward or downward movement of the Tariff. This adjustment will be fully supported by auditable back-up and a reference to the respective Executive Order/Law. This approach will be taken for both direct Tariffs, where New Flyer is the importer of record and for indirect Tariffs, where our suppliers are the importer of record.

New Flyer is committed to working collaboratively with Montebello to ensure a transparent and auditable process for assessing and addressing tariff-related costs. Please refer to the Tariff Section within our proposal for more information on tariff impacts associated with this order.

Basin Transit Contract 23-01, Amendment 1, Section 3, describes the approved price calculation method, incorporation of additional tariff costs and support of FTA grantee cost analysis.

Payment Terms and Milestones
This contract will include separate invoicing for tariffs and the proposed bus (as defined in the CalACT agreement). Each will be invoiced separately to ensure clarity and transparency, resulting in separate payment terms.
 Tariff payment terms are Net 30 days from the time of the Tariff Price Change, including auditable backup, and Invoice are presented to Montebello.
 Basin Transit/CalACT contract payment terms are 75% at approval for shipment and 25% at acceptance, with acceptance within fifteen (15) days of delivery.

We would like to highlight key elements of our proposal:

Warranty: New Flyer exceeds the industry standard warranties in many areas such as our 5 year / 300,000 miles axle warranty (standard warranty is 2 years) and our 3 years / 150,000 miles multiplex warranty (standard competitor warranty is 1 year / 50,000 miles). Please refer to our Warranty Section within our proposal for more information. Please note that warranty is included in the bus price.

Training: New Flyer Training is an organization within the New Flyer Customer Services group, a division of New Flyer Industries. As a part of the leading manufacturer of heavy-duty transit buses in the United States and Canada, we have access to top design, engineering, propulsion technology, and electrical systems professionals. This allows us to offer the service and expertise to maximize the lifetime value of your fleet.

Please refer to our Training Section within our proposal for more information. Please note that optional training is not included in the bus price.

Publications: The New Flyer Publications team combines extensive, hands-on technical experience with exceptional writing, illustrating, and publishing skills to create the industry’s benchmark in maintenance manuals. They supply accurate information in a timely manner, assisting the customer in the performance of proper bus maintenance, which adds to the overall reliability and lifetime value of each New Flyer bus on the road. Please refer to our Publications Section within our proposal for more information. Please note that publications are included in the bus price.

Tooling and Diagnostics : Please refer to our Tools and Diagnostics Section within our proposal for more information. Please note that tooling and diagnostics are not included in the bus price.

Delivery Proposal: New Flyer is proposing a complete delivery by Q1 of 2028 based on a receipt of a Notice to Proceed within 60 days of this submission. Please note that delivery is included in the bus price.

This project allows New Flyer the important opportunity to continue our strong relationship with Montebello Bus Lines. It also gives us the opportunity again to deliver some of the most advanced vehicles available in North America. We thank you for your continued interest in New Flyer products and look forward to working with you again in the near future.

This quote is open for acceptance for sixty (60) days. Please indicate your acceptance by providing a Purchase Order to New Flyer, attention Adrian Graca, Business Segment Director – Municipal Transit Fleets at [email protected].

Sincerely,
NEW FLYER OF AMERICA INC.

Nhi Le, P.Eng.

Technical Sales Manager
431.373.5698
[email protected]

CC: Walter Yang – Regional Sales Manager
Adrian Graca – Business Segment Director – Municipal Transit Fleets Juan Rodriguez – Business Segment Director – Metropolitan Transit Fleets Brian Nuessler – Technical Sales Analyst

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 2, Bus Price Summary
Solicitation Requirements:

N/A
New Flyer Response:

Please see attached New Flyer’s Tab 2a, Price Summary for Nine (9) – XN40 buses for Montebello.

Price Change Summary

MONTEBELLO BUS LINES (MONTEBELLO, CA)
2026-020
BASIN TRANSIT / CALACT Contract #23-01 (Internal Bid # 23-335) N/A
9 XN40
2 Y
12-Mar-26
Each Total
Items Included in Base Bus Price
Original Contract Base Bus Price 723,015.20 $ 6,507,136.80$ Base Bus Price Changes 167,475.91 $ 1,507,283.18$ Estimated PPI @ 8.0% for year 2028 delivery 58,998.04$ 530,982.36$ Total Revised Base Bus Price (without Tariffs) 949,489.15$ 8,545,402.35$ Tariffs 34,899.08$ 314,091.71$
Total Revised Base Bus Price (including Tariffs) 984,388.23$ 8,859,494.06$ Tariffs include costs up to the point of submission and a 1.5% contingency CALACT Procurement Fee 1% (to a maximum of $40,000) 4,444.44$ 40,000.00$ Sales Tax
Total Revised Base Bus Price (including Tariffs) 984,388.23 $ 8,859,494.06$ Remove Non-Taxable Items
ADA (29,479.52) $ (265,315.68)$
Delivery (5,702.43) $ (51,321.87)$
Extended Warranty -$ -$
Total Taxable Base Bus Price 949,206.28$ 8,542,856.51$ Montebello, CA Sales Tax (10.5% x Taxable Base Bus Price) 99,666.66$ 896,999.93$ Total Revised Base Bus Price with Sales Tax 1,084,054.89$ 9,756,493.99$ Items Priced Separately
Contract Spares Changes - $ - $
Miscellaneous Price Changes -$ -$ Total Items Priced Separately -$ -$ Total Tariffs not to exceed 15% value 142,423.37$ 1,281,810.35$ Authorized Signatures:

New Flyer Authorization:

Signature:

Title:

Date:

Property Authorization:

Signature:

Title:

Date:

Template Revision:

Date:

Property Name:

Contract Origin:

SR (if applicable):

Quantity:

Bus Type:

Price Change No.:

Option Number:

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 3, Bus Price Change Detail
Solicitation Requirements:

N/A
New Flyer Response:

Please see attached New Flyer’s Tab 3a, Price Detail Sheet.

This sheet includes all price changes that are required to go from the base bus to the proposed configuration, as requested. The Technical configuration of the buses will match SR 2765 (XN40) for propulsion components, and SR 2979 (XHE40) for all other components.

Price Change Detail
Property Name:MONTEBELLO BUS LINES (MONTEBELLO, CA)
Option Number:2026-020
Contract Origin:BASIN TRANSIT / CALACT Contract #23-01 (Internal Bid # 23-335) SR (if applicable):N/A
Quantity:9
Bus Type:XN40
Price Change Type Ref No. Option No. Option Group Description Price per busExtended Total Base Bus Price Change 3 Delivery Deliverable Add CalACT Delivery fee (Zone 2) - Published item 5,702.43$ 51,321.87$ 4 205 Tires Change to Customer-supplied Tires and Aluminum polished rims - Published item 1,816.53$ 16,348.77$ 5 246 Air, Brake & Lev SystemRemove e-Stroke (2,478.53)$ (22,306.76)$ 6 260 Battery CompartmentChange from two to four Odyssey group 31 AGM batteries - Published item 1,436.16$ 12,925.42$ 7 277 Interior Lighting Add Mechbox & Side Console lights 1,055.98$ 9,503.86$ 8 280 Passenger SignalChange from pull cord passenger signals to touch tape 435.37$ 3,918.35$ 9 304 Paint & Decal Add full bus wrap 17,668.41$ 159,015.72$ 10 350 Drivers Control Add adjustable Driver controls & ZF steering column 4,355.94$ 39,203.46$ 11 422 Body A/P After PaintRemove Docket90 (3,581.24)$ (32,231.14)$ 12 450 Flooring A/P Change from Chroma Zeal to Altro Phantom flooring (329.07)$ (2,961.59)$ 13 460 Windows Change from fixed to flush passenger windows 19,698.75$ 177,288.73$ 14 470 Destination SignsChange from Luminator to Aesys Destination signs 4,988.53$ 44,896.73$ 15 470 Destination SignsAdd Fuel Master AVM system 6,515.70$ 58,641.32$ 16 470 Destination SignsChange from AVA/AVL provisions to Avail AVA/AVL, infotainment & APC systems 70,197.02$ 631,773.18$ 17 490 Door Entrance Change to Electric Entrance door 2,950.31$ 26,552.75$ 18 491 Door Exit Change to Electric Exit door 7,926.18$ 71,335.65$ 19 526 Seating & StanchionsChange from AMSECO Insight 39-pass to Vision 40-pass layout 13,963.80$ 125,674.21$ 20 526 Seating & StanchionsChange from melamine to stainless steel modesty panels 1,280.65$ 11,525.86$ 21 526 Seating & StanchionsAdd Arowglobal Driver's barrier w/ registration holder 9,894.25$ 89,048.29$ 22 580 Wheelchair Lift Remove Smart Rider ramp (3,016.59)$ (27,149.35)$ 23 600 Customer OptionsAdd Amerex fire suppression sensors and UPS battery backup 2,183.79$ 19,654.09$ 24 600 Customer OptionsAdd Sportworks bike rack - Published item 1,686.23$ 15,176.09$ 25 246 Air, Brake & Lev SystemChange from Haldex Gemini MDx to Bendix AD9 air dryer 509.79$ 4,588.15$ 26 600 Customer OptionsAdd front roof Antenna 2,086.70$ 18,780.26$ 27 600 Customer OptionsAdd SDS trays 1,002.31$ 9,020.76$ 28 600 Customer OptionsAdd Driver's storage box, wastebasket, hanging trash can, and coffee cup holder 388.62$ 3,497.54$ 29 600 Customer OptionsRemove transfer cutter (224.91)$ (2,024.16)$ 30 420 Body A/P Before PaintRemove impact panels (1,820.19)$ (16,381.75)$ 31 526 Seating & StanchionsAdd Driver's seat seat belt alarm switch, park prake alarm, and change base riser from powdercoated steel to stainless steel1,182.99$ 10,646.87$ Base Bus Price Change Total 167,475.91$ 1,507,283.18$ Tariffs 1 Tariffs Tariffs Tariff Cost 20,656.74$ 185,910.68$ 2 Tariffs Tariffs Tariff Contingency 14,242.34$ 128,181.04$ Tariffs Total 34,899.08$ 314,091.71$
Grand Total 202,374.99$ 1,821,374.90$

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 4, Tariffs
Solicitation Requirements:

N/A
New Flyer Response:

New Flyer’s proposed price includes known Tariff costs up to the point of this submission , as well as a

1.5% contingency. Tariffs included are shown as their own line item in the attached T ab 3a, Price Detail Sheet for full transparency.

P
er the terms of Basin Transit/CalACT Contract #23-01, the following provisions apply:
• Section GC 9.5, Changes of Law
o Changes of Law that become effective after the Proposal Due Date may result in price changes. If a price adjustment is indicated, either upward or downward, it shall be negotiated between the Agency and the Contractor and the final Contract price shall be adjusted upwards or downwards to reflect such changes in Law. Such price adjustment may be audited, where required. For certainty, in the event that a price adjustment is required in respect of changes that are mandatory as a result of legislation or regulations that become effective after the date of the tender submission, such price adjustment shall be negotiated in good faith by the Agency and the successful bidder.

Should Tariffs change between the submission date and line entry of the vehicle, then New Flyer will provide either a credit or cost surcharge (pass through with no markup) to Montebello based on the upward or downward movement of the Tariff. This adjustment will be fully supported by auditable back -up and a reference to the respective Executive Order/Law. This approach will be taken for both direct Tariffs, where New Flyer is the importer of record and for indirect Tariffs, where our suppliers are the importer of record.

The amount will be calculated through New Flyer’s SRCR (Sales Release Change Request) process and passed through at cost. It will be clearly identified as a Tariff Surcharge on the Price Change sheet.

The payment terms for Tariffs are Net 30 days from the time of the Price Change, including auditable backup, and invoice are presented to Montebello.

The federal government requires that the importer on record pay for Tariffs 2 weeks from the date they are incurred and provide a bond for tariff payments. New Flyer has provided a bond to the Federal Government for Tariff Payments; therefore, the Tariff payment at line entry is not considered an Advanced Payment, and no additional security is required.

New Flyer is taking an active advocacy role to educate stakeholders on the impact of tariffs on our industry and the economic impact to Transit Agencies. Unforeseen economic factors and changes in laws and regulations create disruption and added costs. We encourage Montebello to reach out to your government offices to share the impact of Tariffs on your organization and participate in advocacy outreach where and how you deem appropriate.

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 5, Payment Terms and Milestones
Solicitation Requirements:

N/A
New Flyer Response:

This contract will include separate invoicing for tariffs and the proposed bus (as defined in the Basin Transit/CalACT Contract #23-01 agreement), which result in separate payment terms.

Tariff Payment Terms
The payment terms for Tariffs are Net 30 days from the time of the Price Change, including auditable backup, and invoice are presented to Montebello.

Bus Payment Terms
The bus payments terms to Montebello are as shown below, with acceptance within fifteen (15) days of delivery:

Payment Terms Percentage Amount
Option 1
Approval for Shipment from Facility 75% $712,117
Acceptance 25% $237,372
100% $949,489

Montebello Bus Lines
Option for Nine (9) XN40 Buses
Tab 6, Bus Warranty Proposal
Solicitation Requirements:

N/A
New Flyer Response:

Please see the attached New Flyer Tab 6a, Warranty Proposal.

Please note that Warranty Pricing is included as part of the Bus Price.

CONTRACT DELIVERABLES LISTWarranty
CUSTOMER NAMEMontebello Bus Lines
BID NUMBER2026-020 (Basin Transit 23-335)
SR #
CUSTOMER CONTRACT #
CUSTOMER PO #

LD DATE
BUS MODELXN40
QUANTITY9

MAJOR COMPONENT DESCRIPTION COMMENTS

PROVIDER YEARS MILEAGE
Base Bus Warranty New Flyer of America 2 100,000 Excluding scheduled maintenance items, acts of nature, or normal consumables Basic Bus Structure New Flyer of America 3 150,000 Body, and body structure shall consist of the components that are bolted or riveted to the structure, such as, exterior panels, interior panels, roof, ceiling, and driver’s barrier.

Chassis Structure (Integrity) New Flyer of America 12 500,000 Consists of all components that are welded together to form the main frame (skeleton) and body construction. The structural integrity guarantee covers against a significant loss of structural integrity of the assembly or its functional performance due to non corrosion related failures.

Chassis Structure (Corrosion) New Flyer of America 12 500,000 Consists of all components that are welded together to form the main frame (skeleton) and body construction. The corrosion guarantee covers against a significant loss of structural integrity of the assembly or its functional performance, resulting from a pertinent loss of cross-section due to corrosion caused by normal environmental elements but excludes corrosion caused by aggressive road de-icers such as Magnesium Chloride or equivalents, unless New Flyer approved preventative measures are taken. The warranty shall be void if the Agency fails to conduct corrosion Engine Cummins 2 Unlimited All repairs/warranty claims need to be handled through the local authorized repair facility. When the 3 year extended warranty is purchased (5 years total) the following applies: Two Year Base (Full Coverage), years 3,4 & 5 covers components only as per manufacturer's warranty document.

Transmission Allison 2 Unlimited All repairs/warranty claims need to be handled through the local authorized repair facility. When the 3 year extended warranty is purchased (5 years total) the following applies: Two Year Base (Full Coverage), years 3,4 & 5 covers components only as per manufacturer's warranty document.

Axle (Front and Rear) MAN 5 300,000 Excluding maintenance items & items that are not covered by the OEM's warranty. All friction materials are excluded from this limited warranty. Wear and third party items supplied with the axle (e.g. slack adjuster, seals and bearings, shocks, air bellows, radius rods, brake chambers) are not included in the 5 year warranty. Please see manufacturer's warranty document.

A/C Thermo King 2 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.

Brake System New Flyer of America 2 100,000 Friction Material Excluded Destination Signs Aesys 3 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.

Door Systems Vapor 3 150,000 Excluding maintenance items & items that are not covered by the OEM's warranty Air Compressor Cummins 2 Unlimited
Wheelchair Ramp New Flyer of America 2 100,000
Electrical System Parker 3 150,000 Excluding maintenance items & items that are not covered by the OEM's warranty LED Headlights J.W.Speaker 6 Unlimited Warranty covers parts only after first year Paint Axalta 5 Unlimited
Air Dryer Bendix 2 100,000
Alternator EMP 2 100,000
Passenger seats American Seating 5 Unlimited Some limitations and exclusions may apply - Please see manufacturer's warranty document.

Emission Control System Cummins 5 100,000 Some limitations and exclusions may apply - Please see manufacturer's warranty document. All repairs/warranty claims need to be handled through the local authorized repair facility.

LV Batteries Odyssey 2 100,000
Tires New Flyer of America 2 24,000
New Flyer Industries Limited warrants the tires installed as original equipment on this vehicle only against defects in materials and workmanship which cause the vehicle to fail to comply with applicable U.S. and Canadian greenhouse gas emission limits (“Warrantable Emissions Failures”). This vehicle emissions limited express warranty relating to original equipment tires is valid for two (2) years or 24,000 miles whichever occurs first.Greenhouse Gas Emissions-Related Warranty (Idle Reduction Systems)New Flyer of America 5 100,000 Aluminum Wheels, Emissions-related warranty on Neutral-Idle or Start/Stop idle reduction systems, as defined by the U.S. EPA (not including Allison Standard FuelSense 2.0, Restricted Neutral-at- Stop (NAS), and “Auto-Neutral” functions)
Charge Air Cooler EMP 3 150,000
Radiator Fan Drive EMP 3 150,000
Towing New Flyer of America 5 300,000
Handling (15%) New Flyer of America 5 300,000
Road Call New Flyer of America 5 300,000
Troubleshooting New Flyer of America 5 300,000

BASE AND EXTENDED WARRANTY
Montebello Bus Lines Option 2026-020 Warranty Contract Deliverables XN40 TC Customer Copy Page 1 of 1 Issued 3/5/2026 10:11 AM

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 7, Bus Training Proposal
Solicitation Requirements:

N/A
New Flyer Response:

Please see the attached New Flyer Tab 7a, Training Proposal.

Please note that this proposal is for recommended training only. Training courses may be selected by Montebello. New Flyer’s training team is happy to advise on selecting the correct training for your needs.

Corresponding prices are not included in the Bus Price.

CONTRACT DELIVERABLES LIST CUSTOMER TRAINING
CUSTOMER NAMEMontebello
BID/OPTION/SR NUMBER2026-020
TECHNICAL SUMMARYRev Draft 1
BUS MODELXN40
QUANTITY9
New Flyer Supplied Training

DESCRIPTION RECOMMENDED MAXIMUM NUMBER OF
STUDENTS PER CLASS QTY HRS. TOTAL SELLING
PRICE AT BIDREQUIREMENTBILLABLE: Y/N
Operator Orientation (Train-the-Trainer) 6 4 $1,127.25Recommended Y Maintenance Orientation 15 4 $1,127.25Recommended Y
Preventive Maintenance Inspection 10 4 $1,127.25Recommended Y Multiplex System 10 32 $9,018.00Recommended Y
Entrance & Exit Doors 10 4 $1,127.25Recommended Y
Wheelchair Ramp 10 4 $1,127.25Recommended Y
Brake Systems and Axles 10 16 $4,509.00Recommended Y
Air System and ABS 10 8 $2,254.50Recommended Y
Suspension and Steering 10 8 $2,254.50Recommended Y
Electric Fan Drive 10 4 $1,127.25Recommended Y
Coolant Loop Fill Procedure 10 4 $1,127.25Recommended Y Towing 10 4 $1,127.25Recommended Y
Body and Structure 10 4 $1,127.25Recommended Y
CNG Fuel System 10 8 $2,254.50Recommended Y
Sub Total - New Flyer Training Y
OEM Vendor Supplied Training

DESCRIPTION RECOMMENDED MAXIMUM NUMBER OF
STUDENTS PER CLASS QTY HRS. TOTAL SELLING

PRICE AT BID
Engine Maintenance 8 24 $21,060.00Recommended Y
Transmission Maintenance 8 16 $12,960.00Recommended Y
HVAC Maintenance 8 8 $5,130.00Recommended Y
Fire Suppression/Gas Detection 10 8 $5,670.00Recommended Y Destination Sign 10 4 $4,320.00Recommended Y
Sub Total - OEM Vendor Training
Training Total (priced separate from the bus price) Y
Sales Specialist
New Flyer

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 8, Bus Publications Proposal
Solicitation Requirements:

N/A
New Flyer Response:

Please see the attached New Flyer Tab 8a, Publications Proposal.

Please note that Bus Publications are included in the Bus Price.

CONTRACT DELIVERABLES PROPOSAL PUBLICATIONS rev a. March 4, 2026 City of Montebello PRIMARY CUSTOMER NAMEMontebello
PUBLICATIONS CUSTOMER NAMECity of Montebello
BID NUMBER 2026-020 (Based on 23-335)
SR #
BUS MODEL XN40
QUANTITY 9
This is for one XN40 or XN35 Build of
approx 1 Bus Only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(years) COMMENTS
Emergency Responder Guide (8.5x11 laminated paper)9 With First Bus Delivery 6 Emergency information to be on board each
bus
Operator's Guide (8.5x11 3-hole) 2 With First Bus Delivery 6 Parts Manual 2 Within 30 Business Days After Last Bus Delivery 6 Service Manual 2 Within 30 Business Days After Last Bus Delivery 6 Bus System Drawings Manual (11x17 3-hole regular paper
includes air, electr, hydraulic, cooling, PLC HVAC layouts and schematics) 2 Within 30 Business Days After Last Bus Delivery 6 TIV USB 2 Within 30 Business Days After Last Bus Delivery 6 USB Includes only NF Manuals plus OEM
items below with "*"
Sub Total
This is for one XN40 or XN35 Build of
approx 1 Bus Only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(years) COMMENTS
With First Bus Delivery or Soon After Receiving From OEM Supplier Fault Code Troubleshooting Manual (Vol 1 - 3)2 " N/A
Service Manual (Vol 1 - 2)2 " N/A
Operation & Maintenance Manual2 " N/A
Owners Manual2 " N/A
With First Bus Delivery or Soon After Receiving From OEM Supplier Service Manual 2 " N/A *
Parts Manual2 " N/A *
Troubleshooting Manual2 " N/A *
Principle of Operations2 " N/A *
Mechanics Tips2 " N/A *
Operator's Manuals2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier Unit Operation & Maintenance Manual2 " N/A *
Intelligaire III Diagnostic Manual2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier MH4 Cooling System Service Manual2 " N/A *
MH4 Cooling System Troubleshooting Manual2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier ABS Maintenance Manual2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier AESYS Operation & Maintenance Manual2 " N/A *
With First Bus Delivery or Soon After Receiving From OEM Supplier V25ABC System Operation and Maintenance Manual2 " N/A * SafetyNet Controller Operation and Maintenance Manual2 " N/A * With First Bus Delivery or Soon After Receiving From OEM Supplier Hardware User Guides2 " N/A *
Software User Guides2 " N/A *
Sub Total
This is for one XN40 or XN35 Build of
approx 1 Bus Only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(Years) COMMENTS
Standard Labour Hours required for NF Bus Manual Set
Publishing 400 N/A Not charged to the customer
Sub Total
Grand Total
Customer Program Manager Property Specific Director of Publications New Flyer New Flyer
Vansco Multiplexing System OEM Manual (includes only the following)
Other New Flyer Costs
ALLISON TRANSMISSION B300/400/3400xFE OEM Manual Set
(includes only the following)
Thermo King HVAC OEM Manual Set (includes only the
following)
EMP Cooling System OEM Manual Set (includes only the
following)
WABCO ABS System OEM Manual (includes only the following) Destination Sign OEM Manual Set (includes only the following) Amerex FSS & GD OEM Manual Set (includes only the following) New Flyer Standard Bus Publications
OEM Supplier Publications
Cummins L9N (CM2380) Engine OEM Vendor Manual Set
(includes only the following)

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 9, Bus Tools and Diagnostics Proposal
Solicitation Requirements:

N/A
New Flyer Response:

Please see the attached New Flyer Tab 9a, Tools and Diagnostics Proposal.

Please note that this proposal outlines New Flyer’s recommended tools and diagnostics package required to maintain the Xcelsior® bus. The package acts as a shopping list for Montebello to select from, as required.

The corresponding prices are not included in the Bus Price.

New Flyer Tools Diagnostics Proposal
3/4/2026
Rev Draft 1
Montebello
2026-020
9 - XN40
Item Billing Method Customer Specification Description NF Parts Description Part Number Type Bid Quoted
NF Part #
or Link
Quantity
Individual Unit Selling
Price
(USD)
Total Selling Price
(USD)
1 Billed Separately KIT - Panasonic FZ55 Toughbook Laptop Diagnostic Equipment 6502351 1 5,463.45$ 5,463.45$ 2 Billed Separately Nexiq USB Link™ 3 - WIFI/Bluetooth
Edition Diagnostic Equipment 6494933 1 1,409.51$ 1,409.51$ 3 Billed Separately ZF Testman IAM Diagnostic Kit Diagnostic Equipment 6435374 1 5,093.60$ 5,093.60$ 4 Billed Separately Adapter - Dongle ZF Diagnostic Equipment 6503298 1 405.02 $ 405.02$ 5 Billed Separately Intelligaire III Diagnostic Software & Cables Diagnostic Equipment 6393934 1 2,811.84$ 2,811.84$ 6 Billed Separately Cable - Transtech VR Interface Diagnostic Equipment 6488984 1 335.53 $ 335.53$ 7 Billed Separately Amerex SafetyNet Software & Interface Diagnostic Equipment 6355551 1 917.86 $ 917.86$ 8 Billed Separately USB provided with a license purchase USB - Programming Tool, AESYS, Verba Diagnostic Equipment 07-10-0655 1 607.05 $ 607.05$ 9 Billed Separately License - AESYS Verba Software Diagnostic Equipment 6492643 1 - $ -$ 10 Billed Separately Vapor Class System Diagnostic Interface Kit Diagnostic Equipment 6358421 1 70.35 $ 70.35$ 11 Billed Separately Ethernet Cable - IRMA APC Diagnostic Equipment 6465569 1 156.70 $ 156.70$ 12 Billed Separately Cummins Insite Lite (Initial Download) Software / Annual Renewals/ Subscriptions6339520 1 1,293.86$ 1,293.86$ 13 Billed Separately Cummins Insite Lite (Renewal) Software / Annual Renewals/ Subscriptions6495522 1 1,293.86$ 1,293.86$ 14 Billed Separately Cummins Insite Pro Software / Annual Renewals/ Subscriptions6339521 1 1,437.73$ 1,437.73$ 15 Billed Separately Cummins Insite Pro (Renewal) Software / Annual Renewals/ Subscriptions6495523 1 1,384.52$ 1,384.52$ 16 Billed Separately Allison DOC Premium (Initial Download) Software / Annual Renewals/ Subscriptions6469849 1 1,780.68$ 1,780.68$ 17 Billed Separately Allison DOC Premium (Renewal) Software / Annual Renewals/ Subscriptions6474918 1 955.09 $ 955.09$ 18 Billed Separately Wabco ABS Software (Inititial Download) Software / Annual Renewals/ Subscriptions6334596 1 777.02 $ 777.02$ 19 Billed Separately Wabco ABS Software (Renewal) Software / Annual Renewals/ Subscriptions6495817 1 615.14 $ 615.14$ 20 Billed Separately Cummins Insite Software No Charge SoftwareINSITE™ Engine Diagnostics | Cummins Inc.1 -$ -$ 21 Billed Separately EMP Software No Charge SoftwareEMP : Drivers & Downloads (emp-corp.com)1 -$ -$ 22 Billed Separately Vansco Software No Charge Softwarehttp://divapps.parker.com/divapps/iqan/VanscoVMMS.html1 -$ -$ 23 Billed Separately Vansco 1210 Chooser No Charge Softwarehttp://divapps.parker.com/divapps/iqan/VanscoDLA.html1 -$ -$ 24 Billed Separately Smartrider Software No Charge Softwarehttps://promo.parker.com/promotionsite/parker-smart-suspension/us/en/home1 -$ -$ 25 Billed Separately Vapor Class System Software No Charge [email protected] 1 -$ -$ 26 Billed Separately Vapor VETC2 Software No Charge [email protected] 1 -$ -$ 27 Billed Separately Kit - Lift Tow Universal Special Tools and PPE 6396565 1 337.91 $ 337.91$ 28 Billed Separately Kit - Lift Tow Receivers Special Tools and PPE 6396567 1 2,373.72$ 2,373.72$ 29 Billed Separately Xcelsior Flat Tow adapter (2 pcs. Per set) Special Tools and PPE 6395097 1 1,533.84$ 1,533.84$ 30 Billed Separately Assy - Frame Flat Towing Special Tools and PPE 902990 1 7,023.67$ 7,023.67$ 31 Billed Separately Jacking Adapters Special Tools and PPE 434434 1 1,264.06$ 1,264.06$ 32 Billed Separately Repair Kit - Disc Brakes & Synact Calipers Special Tools and PPE 6501865 1 10,097.85$ 10,097.85$ 33 Billed Separately Torque Multiplier Special Tools and PPE 6314711 1 3,071.77$ 3,071.77$ 34 Billed Separately Hub Repair Kit - MAN VOK-08 Frt Axle Special Tools and PPE 6408311 1 13,597.74$ 13,597.74$ 35 Billed Separately Optional Hub Removal Hydraulic Tool Kit - MAN VOK-08 Special Tools and PPE 6458834 1 7,766.38$ 7,766.38$ 36 Billed Separately King Pin Press Kit - MAN VOK-08 Frt Axle Special Tools and PPE 6494532 1 26,188.17$ 26,188.17$ 37 Billed Separately Tool - Pulling and Pressing Device (sway bar) Special Tools and PPE 6499011 1 2,228.55$ 2,228.55$ 38 Billed Separately Hub Repair Kit - MAN HY1350 RR Axle Special Tools and PPE 6408306 1 8,406.35$ 8,406.35$ 39 Billed Separately ABS Sensor R&R Kit - MAN HY1350 RR Axle Special Tools and PPE 6408307 1 1,224.35$ 1,224.35$ Date
Revision Level
Quantity - Bus Model
Pricing Expiration Date
Customer Name
Bid / Option Number

New Flyer Tools Diagnostics Proposal
40 Billed Separately Pinion Seal Repair Kit - MAN HY1350 RR Axle Special Tools and PPE 6444302 1 3,648.36$ 3,648.36$ 41 Billed Separately Differential Repair Kit - MAN HY1350 RR Axle Special Tools and PPE 6444303 1 13,347.57$ 13,347.57$ 42 Billed Separately Optional Tool Kit - MAN HY1350 RR Axle Special Tools and PPE 6444304 1 53,802.68$ 53,802.68$ 43 Billed Separately Rebuild Kit - EMP Alternator Special Tools and PPE 6405510 1 4,572.38$ 4,572.38$ 44 Billed Separately Coolant System Pressure Tester Special Tools and PPE 660817 1 1,181.22$ 1,181.22$ 45 Billed Separately Kit - Coolant Pressure Fill Special Tools and PPE 6484741 1 5,012.53$ 5,012.53$ 46 Billed Separately Flow Meter Tester - Strg Gear Box Special Tools and PPE 140809 1 1,999.62$ 1,999.62$ 47 Billed Separately Puller Tool - Pitman Arm Special Tools and PPE 6394270 1 790.59 $ 790.59$ 48 Billed Separately Alignment Tool - Flex Connector Special Tools and PPE 6360381 1 1,004.11$ 1,004.11$ 49 Billed Separately Eng/Trans Dolly - Universal Special Tools and PPE 086444 1 3,407.01$ 3,407.01$ 50 Billed Separately Cummins L9N Service Tool Kit Special Tools and PPE 6483729 1 35,927.14$ 35,927.14$ 51 Billed Separately Kit - Allison Service Tools Special Tools and PPE 6360446 1 11,327.59$ 11,327.59$ 52 Billed Separately TK R134a A/C Tool Kit Special Tools and PPE 6350866 1 33,171.42$ 33,171.42$ 53 Billed Separately Amerex Discharge Hose Blowout Adapter Special Tools and PPE 052132 1 239.32 $ 239.32$ 54 Billed Separately Amerex Fire Alarm/Simulator Module Special Tools and PPE 6484731 1 436.06 $ 436.06$ 55 Billed Separately Amerex Calibration Kit - AMGaDS III Special Tools and PPE 6459321 1 1,594.37$ 1,594.37$ 56 Billed Separately CNG Tank Valve Installation Tool Special Tools and PPE 6467614 1 1,818.74$ 1,818.74$ Notes:
• If parts are required to be assembled in advance of shipment, please confirm part number type is set to "Assembly". -$
285,203.88$
*Above totals exclude applicable taxes.

Total Amount Included in Bus Price
Customer Signature Date Total Amount Billed Separately • Part numbers are subject to change.
• If multiple kits are ordered, the subcomponent quantities listed will only display the total quantities needed per kit.

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 10, Bus Contract Spares Proposal
Solicitation Requirements:

N/A
New Flyer Response:

There are no Contract Spares included in New Flyer’s proposal.

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 11, Bus Delivery Schedule
Solicitation Requirements:

N/A
New Flyer Response:

New Flyer’s proposal is based on estimated delivery by the end of Q1 2028. The final delivery schedule will be provided after award.

Montebello Bus Lines
Option for Nine (9) XN40 Buses

Tab 12, Bus Technical Summary
Solicitation Requirements:

N/A
New Flyer Response:

Please see the attached New Flyer Tab 12a, Technical Summary for the proposed bus.

Family Family Description Feature Feature Description
100-00XCELSIOR COACH LENGTHX40 Xcelsior - 40' coach.
100-03STRUCTURAL MATERIAL CAR Carbon steel/ferritic sst. 100-04FUEL TYPE CNG CNG
100-05EPA CALENDAR YEAR 026 2026
100-0B POWERTRAIN CAN BAUD RATE 500 500 kbps
100-0EHARDWARE - THREAD LOCKING
FLUID ALL Thread locking fluid required on all hardware 100-0YBUS MODEL YEAR 026 2026
201-01FRONT BUMPER NFI Romeo Rim, three piece, front bumper. 201-03 FRONT TOWING PROVISIONS 001Basic set-up, incorporated in front chassis. Tow adapters are required.
201-05 REAR BUMPER NFI Romeo Rim, three piece, rear bumper with anti-ride feature. 203-01 FRONT AXLE 003 M.A.N. VOK-08. With disc brakes. Hub mount, Knorr Synact Calipers, with Level N, near zero copper (<0.5%) brake pads. 203-02SECUREMENT OF BRAKE
LININGS NFI Bonded.
203-03BRAKE WEAR INDICATION 001 M.A.N. end of life indication is required. 203-04BRAKE WEAR INDICATION
LOCATION 001 At instrument panel.
203-06SHOCK ABSORBERS NFI Koni.
203-07FRONT STABILIZER BAR PVD Required.
203-0AFRT AXLE AND WHEEL SPLASH
APRONS 001 Basic, full width, fore of axles and wheels. 203-0BRADIUS ROD BUSHINGS WIN Windowed
204-01 REAR AXLE 003
M.A.N. 4.56:1 HY-1350. GAWR 28,660 lbs. With disc brakes. Hub mount, Knorr Synact Calipers, with Level N, near zero copper (<0.5%) brake pads.
204-03REAR AXLE GEAR OIL PET Petroleum based.
204-04REAR STABILIZER BAR PVD Required.
204-09REAR AXLE DRAIN PLUGS EXT Magnetic external hex head. 204-0A REAR AXLE MUD FLAP ONE One aft of rear axle. (Requirement is determined by local climate, ice build-up, high ambient temperature.)
204-0CREAR WHEEL MUD FLAP 002 One aft of each rear wheel. 205-01TIRE SUPPLIER 002 Customer supplied tires.
205-02TIRE BRANDING REQ Required.
205-06 WHEELS ALD Alcoa 22.5" x 8.25" aluminum. Polished Durabright finish. 205-0JSTEERING AXLE TIRES T00947305/70R/22.5, Goodyear G152 (68 mph). 205-0MREAR AXLE TIRES T00948305/70R/22.5, Goodyear G152 (68 mph). 209-01 POWER STEERING PUMP ZFT ZF/TRW power steering pump powered off engine accessory drive.

209-02POWER STEERING HOSES GAT Gates G2XH
209-05 POWER STEERING RESERVOIR REQ Required.
209-08 POWER STEERING DRAIN PLUG MAG Magnetic plug.
209-09POWER STEERING UNIT VTX ZF TAS85, power assisted, frame mounted. 209-0APOWER STEERING SYSTEM
FLUID DEX Dexron III, mineral based.
219-01FUEL/PROPULSION SYSTEMCNG L9N CNG engine.
219-02PROPULSION,HP,TORQUE,TYPE013
Cummins L9N 2024 emission-standard CNG engine, 280
horsepower with 900 LB FT torque. Uses a heat exchanger for the isolated cabin heating loop. Refer to 100-05 for EPA/Engine Model Year.
219-05AIR COMPRESSOR W30 Wabco HD 30.4, twin cylinder, turbo aspirated. 219-07 STARTER (ELECTRIC) 39M Delco 39MT, 24 volt heavy duty cranking motor, integrated magnetic switch, with PLC cut-out.
219-0B CUMMINS DIPSTICK,LOCATION CSS Static oil level indicator, on curbside of engine. 219-0CENGINE & TRANS FLUID FILL
TAGS NFI For engine and transmission dipsticks.
219-0DROAD SPEED 065 Top road speed is governed. Set at 65 MPH (105 KPH). 219-0MTRANSMISSION/HYBRID
DRIVE/TRACTION MOTOR 001 Allison B400R (with retarder). 219-0PTRANSMISSION SHIFTING NFI Foot on brake enables shift when in neutral. 219-0RALLISON TRANSMISSION
SPEEDS 001 Primary mode: 6 speed Performance, secondary mode: 6 speed Economy.
219-0TALLISON NON-HYB TRANS
RETARDER 001 1 stage from accelerator (25% retarder), 2 stages from brake pressure (66% and 100% retarder at 4 and 6 PSI).
219-0UALLISON TRANS FLUID LEVEL
DISPLAY BSC Display provided.
219-0YALLISON TRANSMISSION

PROGNOSTICS DIS
The ECU program has Prognostics set to ON but DISABLED. The customer can ENABLE as desired. Prognostics: Oil Life Monitor, Filter Life Monitor, Transmission Health Monitor/RESS state of health monitor
219-15 ALLISON FUEL SENSE PACKAGE 2PL
FuelSense 2.0 Plus with DynActive infinitely variable shift scheduling, Dynamic Shift Sensing and improved Neutral at Stop functionality.
219-16 ALLISON NAS DEACTIVATION 001 Brake release.
219-18 FLUID, TRANS/HYBRID DRIVES DDH Dura Drive HD synthetic 219-1A ENG/TRANS OIL DRAIN PLUGS BSC OEM Provided

219-1C AIR CLEANER CUM Cummins. Reusable housing with disposable cartridge/filter. 219-1D AIR RESTRICTION INDICATOR MCH Mechanical gauge mounted directly on air intake tube. 219-1EEXHAUST SYSTEM MUF Using muffler and tubing.
219-1FEXHAUST TAIL PIPE
ORIENTATION 001 Curved pipe set to 45 degrees to streetside. 219-1GEXHAUST BLANKETS FOR
CUMMINS DIESEL OR CNGBSC Provided for the exhaust tubes. 219-1UENGINE SWITCH BOX BSC Basic indicator configuration with run/start switch. 219-22ENGINE COMPARTMENT

GAUGES CNR
Programmable CAN communicator. Standard Features: Engine Oil Pressure, Engine Water temperature, Tachometer, 12V/24V battery voltage, Hour Meter, Active Faults, Individual CNG Tank Pressures, Drivetrain Specific features.
219-25ENG SWITCHBOX KEYPAD 002
Includes service light switch, start disabled indicator, CNG valve fault indicator, coolant fill switch/low coolant indicator, rad fan diagnostic indicator/fan reverse switch.
219-27ENGINE OIL FILL TUBE & CAPBSC Basic Cummins supplied. 219-28ALTERNATOR 450 EMP Power 450.
219-2E BELT GUARD 001 The engine pulley guard hinged to open curbside. Yellow powder coated.
219-2FBELT GUARD LATCHING 001 SST adjustable draw latch. 219-2GA/C BELT GUARD BLT The A/C pulley guard is bolted. Yellow powdercoated. 219-2ZCOOLANT PRESSURE FILL
HOSE GAT Gates G2XH.
219-33TRANSMISSION
ACCUMULATOR HOSE MNU NFIL (Manuli) Equator 1.
231-02RADIATOR,CAC,HYDR FLUID
COOLER MH4 EMP MH4 GEN4 with full diagnostic capabilities. 4 x 15" fans. 231-04RADIATOR REVERSE FAN SW &
DIAG LAMP REQ Keypad button.
231-06 SURGE TANK DCY Dual cylindrical SST tanks with isolated cabin heating loop. 231-08SURGE TANK ENG MAINT &
DERATE SENSOR MFR FOZ Fozmula
231-09SURGE TANK PRESSURE TEST
PORT PVD Schrader valve fitting provided.
231-0ASURGE TANK PRESSURE RELIEF
VALVE 001 Radiator cap (LEV-R VENT), built into surge tank cap. 231-0BSURGE TANK SIGHT GLASSNFI Tubular sight glass (glass material). 231-0CRAD TUBES SST SST

231-0F COOLANT FLUID/ANTIFREEZE 00150/50 pre-mixed distilled water with ethylene glycol with anti- corrosion additive and bittering agent. Pink fluid.
231-0GTRANSMISSION/HYBRID DRIVE
COOLER 009 Modine LCOC.
231-0HTRANSMISSION OIL COOLER
HOSES NFI NFIL (Manuli) Equator 1.
231-0KCOOLANT RECOVERY TANKREQ Required.
231-0TLOWER VENT LINE HOSE GAT Gates G2XH.
241-0CCNG FUEL TANKS US6
6 Agility Fuel Solutions All Carbon Fiber (ACF) 15.7" OD x 120" long roof mounted cylinders with OMB ESA 24V solenoid valves.

Total system capacity is 19,770 scf at 3600 psi.
241-0ECNG PRESSURE RELIEF DEVICEPRD
One remote OMB York and one PRD integrated into tank valve.

Operating pressure: 0 - 3600 psi. Operating temperatures: -40 F to 180 F, thermal relief (nominal 230 F).
241-0F CNG DEFUEL PROVISION AFS Swagelok AFS valve with quick connect 1/4" fitting and NGV1 receptacle compatible with OPW BDN defuel nozzle.
241-0GCNG FUEL FILL RECEPTACLESPRK
Parker Standard Fill (NGV1) and Fast Fill (Heavy Duty)
receptacles set at 3600 psi. With dust cap. Compatible with Sherex/OPW 1000 and 5000 (or equivalent) nozzles.
241-0HCNG FUEL LINE
IDENTIFICATION NFI SST lines are labeled with yellow adhesive warning labels at every 36".
241-0J CNG TANK ISOLATION VALVES NFI Integral with tank valve. 241-0PCNG FUEL FILL DOOR
INTERLOCK REQ Shuts down engine when fuel fill door is open. Prevents engine restart. Programmable timing details are required for Electrical. 241-0RCNG PRESS
[email protected] 001 Lamp on instrument panel, triggers at 500 psi. 241-0TCNG ROOF EQUIPMENT NON-
SKID SURFACE REQ Provided where required.
241-0V CNG ROOFTOP WALKWAY PVDProvide next generation CNG system with ergonomically friendly doors.
246-01AIR COMPRESSOR DISCHARGE
LINE NFI Teflon 2807 SST braided hose.
246-02 BASIC AIR TANKS B01
Combo Tank 1 (Wet Tank + Primary Brake Tank), Combo Tank 2 (Front Axle Kneeling Tank + Accessory Air Tank), Secondary Brake Tank.
246-04AIR TANK DRAIN VALVES MNL Manual 1/4 turn valve.
246-06WET TANK DRAIN VALVE MAN Manual 1/4 turn valve.

246-09 RIDE HEIGHT SENSORS SP2 SmartRider electronic leveling system on front axle and Barksdale mechanical leveling valves on center/rear axles. 246-0ARIDE HEIGHT SETTINGS,
NORMAL SR1 Front ride height is 4.0" axle to bump stop. 246-0E DOOR INTERLOCK ENE Applied to entrance and exit doors. Foot on brake to release interlock, applied via multiplex system programming.
246-0G DRIVER'S PARK BRAKE ALARM 002
A switch in the driver's seat cushion triggers the kneeling alarm to alert the driver that the park brake is not set. A light at the instrument panel is also activated.
246-0HPARK BRAKE PRESSURE
SETTING NFI 40 psi auto-apply park brake valve. 60 psi pressure switch for park brake light activation.
246-0K AIR DRYER 003 Bendix AD9 Tandem air dryer with IPC (Integrated Puraguard Cartridge).
246-0M AIR DRYER LOCATION BSW Behind the rear streetside wheelhouse, on the bulkhead. 246-0UPARK BRAKE ACTUATION PUL Pull To Apply.
246-0V PARK/EMERG BRAKE LOCATION PSC Park brake control location - on side console panel. 246-13 FRONT TOW CONNECTOR M02 Male 1/4" NPT with Series 10 coupler and 0.56" hex fitting. 246-14FRONT AIR CONNECTOR
ARRANGEMENT SS1 Located below the bumper, streetside.
246-15FRONT AIR CHARGE
CONNECTOR M02 Male 1/4" NPT with Series 10 coupler and 0.56" hex fitting. 246-16REAR AIR CHARGE FITTING
LOCATION BSC Routed to curbside of engine.
246-17REAR AIR CHARGE
CONNECTOR TYPE M02 Male 1/4" NPT with Series 10 coupler and 0.56" hex fitting. 246-1BFLEXIBLE AIR LINES NFI
Synflex colour coded. Green: rear service brakes and supplies.

Red: front service brakes. Brown: parking brake. Black:
accessories and brake hose. Yellow: compressor and governor.

Blue: suspension.
246-1EABS NFI Wabco.
246-1J FRONT CHARGE AIR ROUTING WET Direct charge to wet tank. 246-1KREAR CHARGE AIR ROUTINGBFR Connection before air dryer. 246-27AIR SYSTEM TRANSDUCER
FAULT DETECTION 001 Transducer Fault Detection - Transducer voltage falls to 0V if transducer failure occurs.
260-01 BATTERY MANAGEMENT TRA Transtech regulator w/Low Voltage Disconnect, temperature and current sensors to optimize battery life.
260-02 BATTERY VOLTAGE REGULATOR 002 Transtech REG24C w/J1939 and data logging

260-03BATTERY VOLTAGE REGULATOR
LOCATION FUS Mounted inside fuse box.
260-04 BATTERY TYPE / MFR 004
Four Odyssey group 31 Absorbed Glass Matt (AGM)
maintenance free batteries. 1150 CCA. Top posts: 3/8" positive, 3/8" negative.
260-05 BATTERY CABLES NFI Red heat shrink on 24 volt positive cable end and light blue heat shrink on 12 volt positive cable end.
260-09BATTERY TRAY NFI
Slide out battery acid resistant polyethylene enclosure with SST sub frame, SST bearings and rubber isolation mounts. Located aft of the curbside rear wheelhouse. Note: battery access door opens to the side.
260-0CPOSITIVE BATTERY
DISCONNECT SW 001 Required with quick access through flip-open door. Uses a micro- switch for engine shutdown.
260-0E BATTERY VOLTAGE EQUALIZER V02 Vanner 100 amp.
260-0FJUMP START
MANUFACTURER/TYPE A02 Anderson SB350 red
260-0G JUMP START LOCATION 001 Near the battery disconnect switch at the fusebox. Accessible via the flip-open door.
260-15ROOF FAIRING / SKIRTS
ENCLOSURE CNG Fairing with full length skirts for XN.
260-1BBATTERY VOLTAGE EQUALIZER
QUANTITY 001 One
269-01P.A. AMPLIFIER MFR / TYPEAVA Included with AVA or AVL system. 269-0C GOOSENECK MICROPHONE REIREI, approximately 30" long from base to end of microphone.

Black neck and head.
269-0DGOOSENECK MICROPHONE
LOCATION API Inverted, clipped to the A-pillar. Microphone clip is 15.26" from bottom of destination sign closeout panel.
269-0EGOOSENECK MICROPHONE
SWITCH FSW Foot switch.
269-0GINTERIOR SPEAKER MFR TCB TCB
269-0H PRIMARY INTERIOR SPEAKERS 006 Six: four to light panels, two above rear bench. 269-0KEXTERIOR SPEAKERS,
LOCATION ENT At basic location above entrance.
269-0MEXTERIOR SPEAKER MFR SHE Shekonic
269-0Z PRIMARY PA SYSTEM GNF Gooseneck mic with no switch and PA footswitch adapter cable. 269-13 EXTERIOR SPEAKER QUANTITY ES1 One
269-1EEXTERIOR SPEAKER COIL 1CO Single coil
273-01HEADLIGHTS NFI NFIL Xcelsior LED low beam and high beam headlights. 273-02DAY RUN HEADLIGHTS REQ Required.
273-03FRONT TURN SIGNALS NFI NFIL amber LED. Integrated with headlight assembly. 273-06TAIL LIGHT ARRANGEMENT002 Red, amber, white.

273-07TAIL LIGHTS MFR 7DB 7" Dialight LED, bolted flange mounted. 273-08CENTER STOP / DECELERATION
LIGHT SIZE BSC 18" X 1 " Dialight
273-09WHITE BACK-UP LIGHT MFRDLG 4" Dialight LED, grommet mounted. 273-0ASTOP LIGHTS ON WITH
RTRDR/REGEN BRAKE REQ Required.
273-0BSTOP LIGHTS ON WITH PARK
BRAKE OR INTERLOCK NFI When park brake or interlock are engaged. 273-0ECENTER STOP / DECELERATION
LIGHTS QTY 003 Three
273-0FCENTER STOP / DECELERATION
LIGHTS LOCATION BSC At lower edge of HVAC door.
273-0HSIDE TURN SIGNALS,TYPE / QTY
PER SIDE 4DL 4 amber Dialight LED Lamps, 12 volt.
273-0JSIDE TURN SIGNAL
FUNCTIONALITY BSC Single intensity, Dialight LED lamps. 273-0KSD TURN SGNL GUARD BRKT,
MATERIAL/CTG ALU Aluminum, painted per paint scheme.
273-0MCURBSIDE TURN SIGNALS
LOCATION 004 Lamps are fore and aft of the wheelhouses. 273-0NSTREETSIDE TURN SIGNALS
LOCATION 004 Lamps are fore and aft of all wheelhouses. 273-0PKNEELING/RAMP LIGHT AT
ENTRANCE NFI 2.5" Dialight LED.
273-0T MARKER / CLEARANCE LIGHTS 001 Dialight LED without guard all around. 273-0VREFLECTORS NFI Self-adhesive decals installed at NFIL basic positions. 273-0WREAR LICENSE PLATE LIGHT2DL 2 DIALIGHT LEDs
273-10TIMED SHUT-OFF,ENTR AREA
LIGHTS BSC The program is set to shut the lights off when the door closes. 273-12TIMED SHUT-OFF,EXIT AREA
LIGHTS NFI The program is set to shut the lights off five seconds after the door closes.
273-1FCENTER STOP / DECELERATION
LIGHTS COLOR RED Red
273-1RMARKER / CLEARANCE LIGHTS
FUNCTIONALITY NFI New Flyer standard marker/clearance light functionality to meet applicable FMVSS/CMVSS regulations.
273-23 MARKER LIGHTS LOCATION NFINew Flyer standard marker light locations to meet applicable FMVSS/CMVSS regulations
273-25 EXTERIOR LIGHTS DAY
Day Run, Night Run, and Night Park modes illuminate the tail lamps, marker/clearance lamps, and license plate lamp.

Mandatory for Canadian customers.

273-26CENTER STOP/DECELERATION
LIGHT FUNCTIONALITY STP Basic stop functionality.
273-27CENTER STOP/DECELERATION
LIGHT VOLTAGE 12V 12 Volts.
273-29UPPER REAR LIGHTS QTY 2&2 Two and Two
273-30UPPER REAR LIGHTS SIZE 001 18" X 1" strip
273-31UPPER REAR LIGHTS COLORMIX Amber and Red
273-32UPPER REAR LIGHTS
FUNCTIONALITY T&S Turn and stop
273-33 UPPER REAR LIGHTS LOCATION 002 At top of upper corner pillars 277-02INTERIOR PASSENGER
LIGHTING NFI NFIL LED lights, 24 VDC.
277-04PASSENGER LIGHTING:

OUTPUT INTENSITY 001 0% 1st bank on each side, 100% for the remaining banks. 277-07EXIT BASEPLATE / ELEC PNL
ACCESS NFI At each exit door, through removable ad frame. 277-0BTINTED LED PASSENGER LIGHT
COVERS WHT White for all lights.
277-0CFAREBOX LIGHT PRE One swivel light with a replaceable LED bulb. 277-0FDRIVER'S LIGHT 001 One sealed 2.5" white high output Smartrend LED light. 277-0K SDS SERVICE LIGHT 2SV Two 18" Smartrend LED strip lights, one provided at upper front and one attached vertically to rack.
277-0MSERVICE LIGHT SWITCH
POSITION/QTY ASW Each light comes with mounted independent switch. 277-0NPROPULSION COMPARTMENT
LIGHTS SMT Smartrend, four 1.38" LED lights.
277-0VREAR DECK STEP LIGHT LED LED.
277-0W

INTERIOR DOOR HEADER

LIGHTS, ANTI-GLARE SHIELD
COLOR
BLK With black anti-glare shield.
277-0YINTERIOR DOOR HEADER
LIGHTS/ QUANTITY (ENTRANCE)SGL Single strip.
277-11INTERIOR DOOR HEADER
LIGHTS/ QUANTITY (EXIT) SGL Single strip.
277-13EXIT AND ENTR MECH BOX
SERVICE LIGHTS SMT Smartrend LED with switch, at basic locations. 277-14EXIT AND ENTR MECH BOX
SERVICE LIGHTS QUANTITYONE 1 at entrance, 1 at each exit door. 277-18SIDE CONSOLE COMPT
SERVICE LIGHT LED Smartrend LED light.

277-19SIDE CONSOLE COMPT
SERVICE LIGHT WITH SWITCHBSC Switch mounted with lamp assembly. 277-1AREAR PLC AND FUSEBOX
SERVICE LIGHTS NFI Provided, LED.
277-29

SIDE CONSOLE COMPT

SERVICE LIGHT MOUNTING

LOCATION
FRT Front Structure
277-2DINTERIOR LED LIGHT
FUNCTIONALITY 001
All banks are dimmable. When doors are open, lights turn on to full intensity. When doors are closed, lights reduce to secondary output intensity.
280-01 PASSENGER SIGNAL CHIMES BSC
One basic electronic chime above driver. Chime has single tone which sounds once for regular activation, twice for wheelchair positions.
280-0ETOUCHTAPE PASSENGER
SIGNALS YLW Yellow. Installed on all pier panels and harness covers aft of front wheelhouses.
280-0TPASSENGER SIGNAL TYPE AT
WHEELCHAIR POSITIONS TCH Touch pads.
280-19PUSH BUTTON SIGNAL TYPENRQ Not required.
284-01ELECTRONIC CONTROL
SYSTEM NFI Vansco.
284-02SYSTEM VOLTAGE NFI 24 VDC primary, 12 VDC secondary. 284-03SWITCHES NFI Water resistant.
284-04

SPARE INPUT/OUTPUT PORTS

FOR MULTIPLEX SYSTEM

MODULES
NFI Minimum 10% input and 10% output, per electrical panel location.
284-05SIDE CONSOLE LIGHTING SNS LED strip light without a switch. 284-06HAZARD WARNING LIGHTSNFI Front, side and rear lights flash for hazard warning. 284-0BSDS ELECTRICAL PANEL
ORIENTATION FCS Facing curbside.
284-0DSDS ELECTRICAL PANEL
LOCATION BSR Mounted on backside of SDS rack.
284-0FENTRANCE DOOR
CONTROLLER R5P Vapor electric door controller with 5 position, integrated kneeling and ramp switches.
284-0NPROPULSION SYSTEM RESET
SWITCH NRQ Not required.
286-01 INSTRUMENT PANEL BSC LCD display screen. Acrylic material with luminescent lighting, with Vansco Instrument Panel Cluster module.
286-02SHIFT SELECTOR LOCATIONNFI located on instrument panel. 286-03EXTERIOR LAMP TEST NFI simultaneously depress both turn signals. 286-04SPEEDOMETER VMI
Part of Vansco instrument panel cluster. Set to display miles.

With odometer (the display can be toggled to show Trip1, Trip 2, engine hours). Remove "engine hours" on battery buses.

286-05AUDIBLE SOUND FOR TURN
SIGNALS/HAZARDS BSC Using click sound for turn signal and for hazard warning. 286-06

BRAKE/ACCELERATOR

INTERLOCK DEACTIVATED

WARNING
RED provided by audible alarm and separate red warning lamp on instrument panel. (Must have in California.)
286-0ARETARDER DISABLE SWITCH
LOCATION DRV In sawtooth panel above driver.
286-0DSILENT ALARM REQ Required.
286-0F SILENT ALARM SW LOCATION SCA At side console.
286-0PDIAGNOSTICS PLUG
LOCATIONS 005 Under the front dash (left side of the steering column), at the engine switch box, and at inside bottom of SDS box.
286-1WDRIVER'S SEAT BELT ALARM
LOCATION IPA Indicator light only on IP panel to warn driver that seat belt is not connected.
289-01 SECUREMENT OF HARNESSES BSC Hellerman Tyton clamps with Panduit releasable cable ties. 296-01WIRING DECAL,REAR PLC AND
FUSEBOX NFI Provided, laminated.
296-07SIDE CONSOLE DOOR DECAL
LANGUAGE ENG English
298-01WATER TEST DURATION 010 10 minutes.
304-01EXTERIOR PAINT TYPE NFI Axalta Imron Elite high solids polyurethane. 304-02 EXTERIOR PAINT CLEARCOAT REQ Required.
304-03PAINTED JACK PADS YLW Safety Yellow.
304-04 PAINTED JACK PADS LOCATION USC Under side of the chassis. 304-07CORROSION PROTECTION12Y
Grit blasted frame, moisture cure zinc-rich primer (applied for 12 year protection), anti-chip undercoating, corrosion preventive coating sprayed inside frame tubes up to roof line.
304-09EXTERIOR LOGOS,NFIL SPL Required, shipped loose.
304-0AEXT DECALS,CUSTOMER
SPECIFIC REQ Required. Customer to provide the Engineering paint group with specific requirements.
304-0EPASSENGER COMPARTMENT

DECAL LANGUAGE ENS
English / Spanish. Passenger compartment decals are the decals within the area of the coach designed for the seating of passengers and that are intended primarily for passenger viewing.
304-0FINTERIOR FLEET NUMBER
DECALS REQ Required.
304-0GMAINTENANCE DECAL

LANGUAGE ENG
English. Maintenance decals are the decals that will be referenced primarily when performing maintenance on the coach.

304-0H KNEELING / RAMP DECALS BSC
NFIL basic ramp & kneeling decal (red on white) and an arrow decal (red and black) provided near the kneeling / ramp deployment lights.
304-0JAIR TANK DECALS SPC Property specific decal required. 304-0MEXT FLEET NUMBERS,NON-
ROOF NRF Required (non-reflective).
304-0NEXTERIOR FLEET
NUMBERS,ROOF NRF Required (non-reflective).
304-0POUTSOURCE SERVICES, PAINT
& DECAL 001 Decal Package to be supplied and installed by Decals By Design, INC.
304-0ZINTERIOR LOGOS, NFI REQ NFI logos at standard location. 306-02FIRE EXTINGUISHERS DTE
5 lb ABC class. With gauge, hose and mounting bracket. UL compliant for US customers. Tag must be dated by Supplier Inspector or Fire Marshall and affixed to the extinguisher. 306-03 FIRE EXTINGUISHER LOCATION 003Mounted vertically on the aisle side of the upper forward face of the driver's barrier.
306-05 SAFETY TRIANGLE LOCATION DSB In driver's storage box. 350-01DRIVER'S PEDALS, POSITION /
TYPE A45
Pedals adjustable fore/aft. Brake pedal angle set at 45 degrees from pedal to floor. Throttle pedal angle set at 45 degrees from pedal to floor.
350-04BRAKE VALVES NFI E6.
350-07TURN SIGNAL SWITCHES BSC Basic switches, floor mounted. 350-08DIMMER SWITCH BSC Foot switch located beside side console panel. 350-0C P.A. SYSTEM SWITCH TSW Foot switch located on the top of the turn signal switches. 350-0DHAZARD WARNING LIGHT SW
LOCATION BSC On side console.
350-0GSTEERING COLUMN ZFR ZF ReAX. Electric assist with tilt and telescopic features. 350-0HSTEERING WHEEL 16A 2 spoke, 16" diameter hard padded. 350-0MDUAL HORN BSC Provided with splash shield.
400-01JACKING / LIFTING PADS 001 4" diameter round pads at front and rear chassis. 420-02EXTERIOR SIDE PANELS NFI Fiberglass.
420-03 REAR RF MOUNTED AIR SCOOP SSU Stainless Steel, unpainted (no coating). 420-05CURB & STREET ENG,S/CONS
DOORS,STRUTS BSC Supported by gas struts.
420-06CURB & STREET ENG COMPT,
BATTERY DOORS,LATCHESCRM Quarter turn chrome plated 5/16" square key latches. Also, used for the separate battery access door.
420-07CURBSIDE PROPULSION
COMPARTMENT DOOR XN1 Includes battery disconnect switch access door (using a gas strut). Also includes CNG fuel fill access door.

420-09DEFROSTER ACCESS DOOR
LATCHES CRM 4 quarter turn chrome plated 5/16" square key latches. 420-0ASTREET SIDE ENGINE
(RADIATOR) ACCESS DOORWAV With wavy screen.
420-0B BATTERY COMPARTMENT DOOR SOLSolid door located aft of the curb side rear wheel, separate from the engine compartment.
420-0DSURGE TANK DOOR BSC Basic hinged door.
420-0F SIDE CONSOLE DOOR LATCHES CHR Quarter turn chrome plated 5/16" square key quad latches. 420-0GPROPULSION DOOR SOL Solid door with built-in handle. 420-0HPROPULSION DOOR STRUTSTWO Two, the streetside strut has a locking mechanism. 420-0J PROPULSION DOOR LATCHES CHR Quarter turn chrome plated 5/16" square key quad latches. 420-0MREAR LICENSE PLATE
RETENTION 002 Centered with bottom retainer and two upper inserts. 420-0PRAIN GUTTER NFI 0.44" cross section bonded. drain holes and plugs 420-0RROOF HATCH INSTRUCTION
LANGUAGE ENS English / Spanish.
420-15ROOF HATCH SIZE,REAR X24 24" X 24"
420-16ROOF HATCH TYPE,REAR BSC Basic hatch/vent.
420-17ROOF HATCH VENDOR,REARTRA Transpec Worldwide.
420-1B WIPERS 002 Sprague motors 24 volt electric with Sprague wet arm wipers.

Intermittent.
420-1E WINDSHIELD WASHER BOTTLE 5US5 US gallon with electric powered pump mounted using 4 weld nuts.
420-1FWINDSHIELD WASHER FILL
LOCATION NFI Accessed via a flip-out door built into the exterior side console access door.
420-1GLOWER DRIVER'S VENT REQ Provided.
420-1HFENDERS MOL Molded polyurethane.
420-1MEXTERIOR UPPER REAR LOU Louvered style fiberglass door for rear HVAC. 420-1N EXT UPPER REAR DOOR STRUTS 2NL Two, non-locking. 420-1PEXT UPPER REAR
DOOR,LATCHES CHR Quarter turn chrome plate 5/16" square key latches. 420-1TFRONT LICENSE PLATE
LOCATION CEN On center of defroster door.
420-1UFRONT LICENSE PLATE
RETENTION RET Retainer on bumper.
420-24 WIPERS, MOTOR ARM LENGTH A01 34" long arm.
420-25 WIPERS, WIPER BLADE LENGTH W01 26" long blade.
420-26WIPERS, SPRAY STREAMS PER
ARM S02 2 streams per arm.

420-2BDRIP EDGE FOR REAR CROWN

PANEL/HVAC DOOR REQ
Drip Edge along the bottom edge of the Rear Crown Panel/HVAC door to divert water entering the engine/propulsion
compartment.
420-2CSS REAR UPPER CORNER
PILLAR VENTING 4RD 4 round screened openings.
420-2DUPPER CORNER PILLAR DOOR
LATCHES BSC Quarter turn chrome plate 5/16" square key latches. 420-2GEXTERIOR DOOR LANYARDNRQ Not required.
421-01INSULATION,SIDEWALL AND
ROOF POL Polyisocyanurate foam. meets Docket 90 spec.
421-02 INSULATION,EXHAUST CAVITY BGF Heat-resistant fiberglass mat. 421-03INSULATION, PROPULSION
COMPARTMENT ACO Noise reduction acoustical foam, retained by perforated aluminum panels.
422-02CEILING PNLS AFT OF FRT W/HS
INCL RR PLC WHT Antique white plastic, SST trim.
422-03CEILING / HVAC COVER
PANELS ABOVE FRT W/HS WHT Antique White fiberglass.
422-05ENTRANCE / DRIVER'S AREA

PANELS COLOUR BLK
Black. Includes dash, dest sign c/out, ent. mech. box, driver's o/head panels. and if used, ent. floor heat duct, frt. RH harness cover is black powder coated alum.
422-06DRIVER'S CEILING PANEL
MATERIAL MEL Melamine.
422-07INTERIOR PIER PANEL
MATERIAL MEL Melamine.
422-08PIER PANEL COLOUR WHT Antique white
422-0AINTERIOR LWR SIDEWALL
MATERIAL MEL Melamine
422-0C INTERIOR SIDEWALL MELAMINE CHA Charcoal Grey Gloss 422-0DINTERIOR PROPULSION COMPT
ACCESS PANEL HIN A single hinged panel under the rear seat 422-0E INTERIOR UPPER REAR PANEL CRGBulkhead panel covered with carpet / fabric material. With return air grille for RR mount HVAC system.
422-0FCARPET / FABRIC,UPR REAR INT
PANEL CHA Charcoal Grey carpet with 1/2" plywood backing. 422-0HTRIM,CARPET/MELAMINE UPR
RR INT PANEL STE Painted steel to match panel.
422-0KC/S,S/S RR BULKHEAD ACCESS
PANELS CPT Carpeted DB plywood.
422-0MHRNS/AIR LINE COVERS AT
UPPER DECK PFB Painted flat black.
422-0N FRT DEST SIGN DOOR LATCHES SQL Short wing quad latches. 422-0PDRIVER'S OVERHEAD PANELNFI With locker.

422-0RDRIVER'S LOCKER LATCH SQL Short wing quad latch.
422-0TDRIVER'S COAT HOOK AND
STRAP FWD Located on the forward face of the harness cover behind the driver.
422-0USECURE DIAGNOSTIC STATIONSDS
Above street side front wheelhouse. Incorporates driver's barrier. With four Take One pockets. Quantity of trays as per customer and / or as per electronic equipment within
compartment.
422-0VSDS ENCLOSURE COLOURBLK Flat Black.
422-0WSDS ENCLOSURE DOOR
LATCHES 011 Two 5/16" sq key quad latch, paddle latch (CH751 key )in center. 422-13FRONT SUNVISOR /
ROLLERBLINDS MSL Automotion motorized rollerblind with switch on side console panel, shipped loose.
422-15SQUARE KEY T-HANDLE DRV Located at lower left of driver. 422-16ENTRANCE MECHANISM BOX
DOOR LATCH 2SW Two short wing quad latches.
422-1B

C/S,S/S REAR BULKHEAD

ACCESS PANELS, OPENING
METHOD
REM Removable access panels.
422-1RFRONT DASH, ACCESS PANEL
LATCH BSC Quarter turn, black powder coated 5/16" square key quad latches.
422-1WINTERIOR UPPER REAR PANEL,
TRIM OPTIONS FLT Flat Trim Design
422-21INTERIOR UPPER REAR PANEL,
OPENING METHOD HGS Hinged at top, held open with gas struts. 422-22INTERIOR UPPER REAR PANEL,
LATCHES 001 5/16" square key quad latch.
422-23REAR PLC ENCLOSURE,
LATCHES 001 5/16" square key quad latch.
450-02 FLOORING PLY
Lower deck uses pressure treated NT ACQ plywood. Upper deck uses composite for step and floor to the rear wheelhouses and NT DB ACQ plywood to the rear.
450-03DRIVESHAFT / TRANSMISSION /
DRIVE MOTOR ACCESS PANELS1AC One panel only set in the floor to access the driveshaft. 450-04DRIVESHAFT/TRANSMISSION
ACCESS PANELS TRIM SST Stainless steel ring.
450-06 ALTRO FLOOR COVERING 013Phantom TFCR2772 (2.7 mm / 0.11" thick), for aisle and underseats.
450-0A STEP TO UPPER DECK YLW Yellow anti-slip coating is applied to the edges and vertical faces of the step.
450-0B FRONT AXLE STANDEE LINE YLWOne yellow flooring safety line provided fore of the hump at the front axle.
450-0CENTRANCE NOSING B01 Nosing is 2" wide yellow anti-skid applied to the ramp. 450-0DEXIT NOSING ALT 2.5" yellow nosing for Altro / Tarabus flooring.

450-0FREAR SEAT RISER COVERING
MATERIAL B01 Same material and colour as used for the flooring. 450-0JDRIVER'S PLATFORM
FLOORING A13 Altro, Phantom TFCR 2772 (2.7 mm / 0.11" thick) 450-0KDRIVER'S PLATFORM TRIM SST SST.
450-0MOUTER WHEELHOUSES B01 SST front and rear.
450-0NINTERIOR FRONT W/HOUSE
(LUGG RACK) COLOURS B01 Matte black, painted stipple. An LED aisle light is provided on the streetside. Also, SST scuff guards are provided.
450-0TTRIM UPPER DECK ALU Aluminum.
450-13INTERIOR FRONT W/HOUSE
(LUGG RACK), SCUFF GUARDSBSC Standard height scuff guard 450-14EXIT DOOR, WHEELHOUSE AND
UPPER DECK TRIM, MATERIALALU Aluminum Trim
460-01 WINDSHIELDS 72N 72% light transmittance green laminated. No shade bands. 460-02 WINDSHIELD PROTECTIVE FILM REQRequired for coach delivery beyond a 500 mile radius of Final Assembly.
460-04PASS / DRVR'S WINDOWS
MANUFACTURER AGN Arow Global frame mounted.
460-06FRAMED PASSENGER
WINDOWS BFT Bottom is fixed, top tip-in.
460-07 SDS WINDOW PSH Full fixed picture window supported by gas strut with push button mechanism. Glazing matches passenger window.
460-09 FRAMED WINDOW GLAZING N32 Thermoguard, Blue/Spruce, 70% light transmittance, laminated. 460-0BFRAMED WINDOW LOCKS 001 Locking set-screw.
460-0CWINDOW FRAME COLOUR BLK All window frames are black anodized. 460-0D WINDOW EMERGENCY EGRESS NFI
Minimum quantity based on FMVSS requirements, local,
state/provincial, federal regulations or customer spec whichever is greater.
460-0ESIDE DESTINATION SIGN
WINDOWS CF4 Curb side. Fixed top and fixed bottom. Top and bottom matches passenger window glazing. (review 470 for side sign details). 460-0GWINDOW GLAZING
REPLACEMENT RAP Rapid replacement.
460-0HPASS WINDOW LINERS AND
COATINGS A01 0.12" acrylic liners on all windows.
460-0JPASS WINDOW THICKNESS6MM 6 mm.
460-0M DRIVER'S WINDOW,FRAMED DSNWith fore and aft sliding sashes. The forward sash has exterior and interior handles. Non-egress.

460-0NAFT SASH,FRAMED DRIVER'S
WINDOW HLA With interior handle and latch.
460-0P DRIVER'S WINDOW GLAZING LWTLaminated with Thermoguard, Blue/Spruce, 70% light transmittance.
470-01DESTINATION SIGNS MFR ASY Aesys, display system.
470-02DEST SIGN CONTROL UNIT
LOCATION OVR Under driver's overhead panel at forward position of sawtooth panel.
470-07FRONT DESTINATION SIGN
GLASS LAM Laminated.
470-0ACURB SIDE DESTINATION SIGN
LOCATION 2WI At the second window, aft of the entrance door. 470-0H REAR ROUTE SIGN,LOCATION UCS At the upper curb side. 470-0PAVA / AVL SYSTEM AVL Avail system
470-10 AVA/AVL LED SIGN LOCATION REQ Required on the HVAC overhead enclosure at front. 470-11AUTO VEHICLE MONITORING
SYSTEM (AVM) FMA Fuel Master
470-16NFI CONNECT-DIAGNOSTIC &
MONITORING SYSTEM PRV NFIL interface wiring provisions. 470-17DMAS LOCATION API Mounted on A-pillar.
470-1HAESYS CURB SIDE DEST SIGNA01 Amber LED, 16x160 pixles. 470-1JAESYS FRONT DEST SIGN A01 Full Color LED, 24x200 pixles. 470-1MAESYS REAR ROUTE SIGNSA01 Amber MK3 LED, 16x48 pixles 470-1P AVA/AVL LED SIGN 010 Avail Sunrise LED sign, amber, 16 character. Supplied by Avail.

Cutout Size 26.40" X 2.375".
470-1YDESTINATION SIGN WIRELESS
UPDATES DSW Wireless Module for updating destination sign's 470-20NF CONNECT SUBSCRIPTION
TERM 003 3 years.
470-22GEOFENCE REQUIREMENTNRQ Not required
470-24

NFI CONNECT-DIAGNOSTIC &

MONITORING SYSTEM -

SECONDARY
NRQ Not required.
470-25NFI CONNECT PRIMARY
SUBSCRIPTION TIER NRQ Not required.
470-26NFI CONNECT SECONDARY
SUBSCRIPTION TIER NRQ Not required.
470-27GEOFENCE SWITCH TYPE NRQ Not required.
470-28 GEOFENCE SWITCH LOCATION NRQ Not required.
480-02EXTERIOR MIRROR
MANUFACTURER HAD Safe Fleet

480-03EXTERIOR SS MIRROR GLASS
STYLE 2PC 2/1 (upper portion is flat, lower portion is convex). 480-04EXTERIOR SS MIRROR GLASS
SIZE 011 10" x 11"
480-05EXTERIOR SS MIRROR HEATING
REQUIREMENTS REQ Heated.
480-06EXTERIOR SS MIRROR POWER
OPTIONS SIR Single remote control. (If two pieces of mirror, then upper piece is remote controlled.)
480-08EXTERIOR SS MIRROR ARM
FUNCTIONALITY PUL Pull back. Mirror arm is manually returned to its previously set position after deflection.
480-09 STREET SIDE MIRROR MOUNT LOW Low mount.
480-0EEXTERIOR CS MIRROR GLASS
STYLE 2PC 2/1 (upper portion is flat, lower portion is convex). 480-0FEXTERIOR CS MIRROR GLASS
SIZE 011 10" x 11"
480-0GEXTERIOR CS MIRROR HEATING
REQUIREMENTS REQ Heated.
480-0HCURB SIDE MIRROR POWER
OPTIONS SIR Single remote control. (If two piece mirror, then upper piece is remote controlled.)
480-0KEXTERIOR CS MIRROR ARM
FUNCTIONALITY PUL Pull back. Mirror arm is manually returned to its previously set position after deflection.
480-0VSTREET /CURB SIDE MIRROR
W/TURN SIGNAL INM LED, in mirror glass.
480-11STREET / CURB SIDE HEATED
MIRROR ACTIVATION SSC Controlled by switch at the side console with a light. 480-13 DRIVER'S REAR VIEW MIRROR BFL 8" x 15", black, flat. 480-14 SPOT MIRROR 6DF 6" diameter flat mirror with short arm, located at curbside front. 480-15 EXIT DOOR MIRROR 12C Convex, 12" diameter, mounted on curved modesty panel stanchion.
480-26STREET/ CURB SIDE MIRROR
ARM MATERIAL CAR Carbon steel
490-01ENTRANCE DOOR DRIVE SYSELC Electric
490-02ENTRANCE DOOR VAP Vapor slide glide.
490-03ENTRANCE DOOR LIMIT
SWITCH SET-UP PRX Solid state proximity switch.
490-04ENTRANCE EMERGENCY
RELEASE VALVE PVD Within mech box.
490-05ENTRANCE DOOR MAGNETIC
DUMP VALVE REQ required, located at baseplate venting entrance door 490-07ENTR/EXIT
FRANG.COVER,LANGUAGEESP English and Spanish.

490-09ENTRANCE DOOR COLOUR,
INTERIOR BLK Black
490-0BENTRANCE DOOR HANDLESYLW Yellow powder coated.
490-0KENTRANCE DOOR GLAZINGBSC Full length single piece, 72% green. 490-0VENTR/EXIT FRANG.COVER PER Perforated cover.
490-0W

ENT AND EXIT DOORS,

INTERIOR AND EXTERIOR

PANEL COLOR
BLK Black Powder Coat
491-01EXIT DOOR DRIVE SYS ELE Electric with pneumatic emergency release. 491-03 SLIDE GLIDE EXIT LIMIT SWITCH PRX Solid state proximity switch. 491-04 EXIT DOOR CONTROL CLA Vapor Class Acoustic Sensing System. Activates door opening and detects obstruction on closing.
491-05CLASS SYSTEM INSTRUCTION
DECAL ESP English and Spanish, text and characters as per customer requirement.
491-06CLASS SYSTEM VOICE
ANNUNCIATION FES Female voice. English and Spanish instructions programmed as per customer requirement.
491-0D EXIT DOOR SENSITIVE EDGE SVEPneumatic sensitive vertical edge sensor provided at all exit doors.
491-0HEXIT FRANGIBLE COVER
SECUREMENT MAG Magnetic latch.
491-0MEXIT DOOR ASSIST HANDLES004 Yellow powdercoated, UPA-3 Aluminum 491-0P EXIT DOOR GREEN LIGHT LED LED green light indicates that the exit door is set to open. 491-0T EXIT DOOR ALARM B01 Buzzer and red 'rear door open' indicator at the instrument panel activated when the sensitive edge is triggered.
491-0UEXIT DOOR GLASS SIZE A03 2/3 top, no glass at bottom. With interior kick plate. 491-0VEXIT DOOR GLAZING 6MM 6 mm
491-12EXIT DOOR GREEN LIGHT
MOUNTING ORIENTATION HOR Exit door green light mounted horizontally on baseplate 491-15EXIT DOOR MANUFACTURERVAP Vapor.
491-16EXIT DOOR OPENING TYPESGL Slide glide.
491-17EXIT DOOR WIDTH MED Medium
491-18EXIT DOOR PANEL MODEL AMV Ameriview.
491-19CURBSIDE REAR EXIT DOORREQ Required.
491-20CURBSIDE CENTER EXIT DOOR,
60' NRQ Not required.
491-21 STREETSIDE REAR EXIT DOOR NRQ Not required.
491-22STREETSIDE CENTER EXIT
DOOR, 60' NRQ Not required.
526-01 40' PASSENGER SEAT QUANTITY 039 39

526-04PASSENGER SEAT
MANUFACTURER AME American Seating.
526-07AMERICAN SEATING SEAT
MODEL VIS Vision stainless seat. Details as per customer spec. 526-09REAR BENCH SEAT NFI 1-3-1 hinged seat.
526-0A PASSENGER SEAT MOUNTING CAN Cantilever
526-0BSEAT MOUNTED GRABRAILSST Stainless steel
526-0CFIRST SEAT, CURBSIDE UPPER
REAR FFA Forward facing.
526-0DFIRST SEAT, STREETSIDE UPPER
REAR FFA Forward facing.
526-0F PASSENGER SEATING BARRIER PED Pedestal mounted barrier. 526-0GSEAT POSITION,FORWARD OF
REAR EXIT FFA Forward facing.
526-0UERGO TRANSIT DRIVER'S SEAT
MODEL B01 Ergo AM80
526-0WDRIVER'S SEAT COVER FVB Fabric insert with vinyl boxing. 526-0YDRIVER'S SEAT BELT LHS Lap belt with retractor on left hand side. 526-0ZDRIVER'S SEAT BELT ALARM
SWITCH REQ Required.
526-10DRIVER'S SEAT BELT COLORBLK Black
526-11 DRIVER'S SEAT BELT SWITCH 001Required with 'Not Fastened" configuration, normally open switch.
526-14DRIVER'S SEAT BASE RISER

MATERIAL SST SST
526-15DRIVER'S SEAT PARK BRAKE
ALARM REQ Switch is required in seat cushion to trigger driver's park brake alarm (ref. option 246-0G).
526-17DRIVER'S SEAT HEADREST VNL Required, vinyl headrest. 526-18WHEELCHAIR
POSITIONS,QUANTITY B01 Two. At basic locations, one aft of the curbside and one aft of the streetside front wheelhouses.
526-19CS WHEELCHAIR RESTRAINT
SYSTEM ARM Forward facing barrier with Advance Restraint Module front restraint.
526-1ASS WHEELCHAIR RESTRAINT
SYSTEM ARM Forward facing barrier with Advance Restraint Module front restraint.
526-1DSHOULDER HARNESS,W/CHR
RESTRAINTS FIX Secured to structure (pier panel),one on curbside and one on streetside. High mount harness location for aisle facing seats. 526-1F STANCHION / GRABRAIL STYLE CURCurved style vertical stanchions. Using cast SST fittings for vertical and horizontal stanchions.
526-1GOVERHEAD HORIZONTAL

GRABRAILS SST SST
526-1HOVERHEAD GRABRAIL
HANDHOLD STRAPS GPU Grey PVC straps, loose on horizontal stanchions, locations as per customer spec.

526-1JOVERHEAD GRABRAIL
HANDHOLD STRAPS,QUANTITY008 Eight
526-1KCOLOR - STANCHIONS AT EXITS
& RR RISER STEP SST SST
526-1N VERT AFT OF S/S FRT W/HOUSE VSS To match colour of vertical seat stanchions (see Option 526-1T). 526-1PVERT FORE OF C/S FRT

W/HOUSE SST SST
526-1R VERT AFT OF C/S FRT W/HOUSE SEA To match colour of vertical seat stanchions (see option 526-1T). 526-1TCOLOR - VERTICAL

STANCHIONS AT SEATS SST SST
526-22FRONT CURBSIDE LUGGAGE
RACK 001 Horizontal tube wrapping around fore, aisle, and aft sides 526-23 FAREBOX GRABRAIL STYLE 006Wrap around stanchion with high wrap position, with black padding and basic dash stanchion.
526-25 MODESTY PANEL MATERIAL ALUAluminum leathergrain. Laminated sandwich construction with aluminum skin on both sides.
526-27C/SIDE FORE UPR DECK MOD
PNL, GAP NFI Approximately 2" diagonally.
526-29BARRIER AT STREET SIDE REAR
RISER MOD Modesty panel (material and color per 526-25/526-26). 526-2J DRIVER'S DOOR ARE One piece, full height Arow Global driver's door with extended sliding glass top.
526-2MBARRIER FWD OF EXIT(S) UPB Upper panel, 0.5" clear polycarbonate, basic width. 526-2TEMERGENCY INSTRUCTIONSESP English / Spanish.
526-32DRIVER'S SEAT, FORE/AFT SEAT
TRAVEL FA1 The fore / aft seat travel is 9.45".
526-35DRIVER'S DOOR PANEL
MATERIAL T02 9 mm, AS2 laminated tempered glass with an anti-reflective coating.
526-37FRONT CURBSIDE LUGGAGE

RACK COLOR SST SST
526-3BFAREBOX GRABRAIL COLORBLK Black
526-3VSEAT FWD OF REAR BENCH
SEAT FWD Forward facing.
549-01HVAC UNIT 1 TK4 Rear TK T15 rear A/C unit.
549-04HVAC UNIT MOTOR TYPE NFI Brushless motor for primary heating & cooling system. 549-05REFRIGERANT 134 R-134a freon
549-06HVAC AIR INTAKE AIR Recirculated air only.
549-07HVAC RETURN AIR FILTER RPF TK polyester (disposable) filter. 549-0AHVAC PULLDOWN SPEC PD2
Will meet the APTA 115F TO 95F Pull Down, 20 minute time limit test requirements and any less stringent test requirement inside the temperature range. (ex. 110F to 95F in 20 minutes or 115F to 95F in 30 minutes).

549-0CHVAC SYSTEM VALVES BVB Brass ball valves with basic handles. 549-0D A/C AND HEATER LINE CLAMPS IDE Ideal.
549-0EA/C COMPRESSOR 430 Thermo King X430.
549-0FA/C COMPRESSOR HOSE DUR Duraflex convoluted stainless steel, braided. 549-0J HVAC ELECTRONICS TK1 Thermo King Intelligaire 3, valid for A/C or heater units. With limited diagnostic capabilities.
549-0KHVAC CONTROL PANELS TKD Thermo King, installed in sawtooth panel above driver. 549-0MHVAC PROGRAM SETPOINTS76F Adjustable; 64F - 76F
549-0N A/C PRESSURE READINGS TK1 Obtained via the Thermo King Intelligaire 3 control panel. 549-0YHVAC BOOSTER FAN MCC BCC overhead fan with brushless motor. 549-16BOOSTER PUMP 260 Valeo SPump 260W CAN capable.
549-1A DEFROSTER 004 BCC 3 speed brushless SPAL blower, plastic end-caps, electrically controlled damper with on/off interlock.
549-1EAUXILIARY/CABIN HEATER NRQ Not required.
549-1G AUXILIARY HEATER AIR INTAKE DIF In engine compartment, with diffuser. 580-01FRONT WHEELCHAIR RAMPNFF NFIL ramp at front door. 32" wide, with 1:7 slope. 580-02 FRONT RAMP CONTROL SWV Switch integrated with vapor door controller at the side console. 580-08 WHEELCHAIR RAMP,SURFACE FMJCovered with Full Metal Jacket anti-skid treatment. The leading edge is yellow FMJ, the side flanges are painted yellow. 580-0GKNEELING/RAMP DEPLOYMENT
WARNING BEEPER MED IP68-rated beeper, medium loud fast beep. 580-0H

FRONT KNEELING/RAMP

DEPLOYMENT WARNING

BEEPER LOCATION
BSC Curbside under front mask.
600-05BACK-UP ALARM BSC Basic alarm located on curbside. 600-0JSDS TRAY QUANTITY 004 Four trays total.
600-0M FAREBOX PEDESTAL BSC Stainless Steel Material. Length = 26.56"; Front fore length =

12.36"; Width = 13.96"; Height = 6"
600-1FDRIVER'S STORAGE BOX
BEHIND SEAT CPR Basic box with lift & turn compression latch, no key. 600-1RREGISTR/MAINT HOLDER 005 One 9.5"x6" polycarbonate registration holder 600-23COFFEE CUP HOLDER/TRAYCH4 Round coffee cup holder, black. 600-24TRASH CONTAINERS 004 Trash receptacles, stainless steel by ASI 600-26RADIO,COMMUNICATION
SYSTEM PRV Provisions for system. Installation of antenna (s),cabling and ground plates, as per customer spec.
600-31FIRE SUPPRESSION AMS Amerex SafetyNet system.
600-32FIRE SUPPRESSION BOTTLE
LOCATION BSC Streetside behind light panels.

600-33FIRE DETECTION SENSORSA18
Amerex fire detection sensors - two at streetside and two at curbside of engine compartment, one in the side console, SDS box, rear PLC compartment, and A/C compartment.
600-34 FIRE SUPPRESSION BOTTLE 00325 lb Amerex AVT dry chemical agent tank without inline blowout adapter.
600-35FIRE SUPPRESSION BOTTLE
ACCESS DOOR 002 Required without sight window.
600-36FIRE SUPPRESSION DISPLAY
PANEL LOCATION MID Under driver's overhead panel at middle position of sawtooth panel.
600-37

FIRE SUPPRESSION,

UNINTERRUPTIBLE POWER

SUPPLY (UPS) BATTERY
BACKUP
REQ Required.
600-3N METHANE DETECTION, CNG AMS Amerex Safety Net System, details as per customer spec. 600-3PMETHANE DETECTOR
LOCATION 003 Four detectors on the roof, one in the engine compartment, and one in the A/C compartment.
600-3VBICYCLE RACK
MANUFACTURER/MODEL DNF Sportworks, DL2-NP (narrow profile),front mounted. 600-3W BICYCLE RACK MOUNTING QUITSB (ten second bracket) quick release slide-in standoff with incorporated pivot.
600-3YBICYCLE RACK REMOVAL BOL Bolted rack.
600-3ZBICYCLE RACK MATL/COLORSAT SST, satin anti glare finish. 600-40BICYCLE RACK DEPLOY
INDICATOR LIGHT REQ Required.
600-42 BICYCLE RACK INSTRUCTIONS ENG English
600-4D VIDEO/INFOTAINMENT SYSTEM AVA Avail
600-4EVIDEO/INFOTAINMENT DISPLAY
QTY 001 One
600-5AAUTOMATIC PASSENGER
COUNTER SYSTEM FUL Full system.
600-5BAUTOMATIC PASSENGER
COUNTER VENDOR IR8 IRIS/IRMA (provided by Avail)
600-5K

AUTOMATIC PASSENGER

COUNTER (APC) EXIT DOOR

BASEPLATE SENSOR, QTY
ONE One
600-5M

IRIS/IRMA AUTOMATIC

PASSENGER COUNTER (APC)
MODEL
IRM Matrix
600-67REGISTR/MAINT HOLDER
LOCATION 005 Mounted on SDS enclosure behind driver.

600-68 TRASH CONTAINERS LOCATION OFD On front dash.
600-69ADDITIONAL TRASH
CONTAINERS 002 Waste basket, black plastic by Rubbermaid. 600-6AADDITONAL TRASH
CONTAINERS LOCATION T00956 Rear of C/S luggage rack, inside rack. 600-6C GROUND STRAP #2 LOCATION 001 Rear of coach, street side off of bulkhead. 600-6FFAREBOX PEDESTAL
TREATMENT 2BY Black full metal jacket, with yellow metal jacket on the top face. 600-6RCOFFEE CUP HOLDER/TRAY
LOCATION CL2 On side face of side console.
600-81ANTENNA REQ Required.
600-87BICYCLE RACK DEPLOYMENT
SWITCH REQ Required.
600-8J

CAMERA UNDER DESTINATION

SIGN, FACING OUT

WINDSHIELD
NRQ Not required.
600-8KCAMERA ABOVE DRIVER'S
AREA, FACING ENTRANCE NRQ Not required.
600-8MCAMERA ABOVE ENTRANCE
AREA, FACING DRIVER NRQ Not required.
600-8NCAMERA BELOW MECH BOX,
FACING FRONT SEATING NRQ Not required.
600-8P

CAMERA ABOVE REAR EXIT

AREA, FACING REAR DECK
SEATS
NRQ Not required.
600-8RCAMERA FACING REAR EXIT
DOOR NRQ Not required.
600-8T

CAMERA ABOVE REAR EXIT

AREA, FACING FRONT SEATS

OR JOINT AREA
NRQ Not required.
600-8UCAMERA ON CEILING AT REAR
DECK, FACING FORWARD NRQ Not required.
600-8VEXTERIOR CAMERA, FRONT
CURB SIDE FACING REAR NRQ Not required.
600-8WEXTERIOR CAMERA, FRONT
STREET SIDE FACING REARNRQ Not required.
600-8YEXTERIOR CAMERA, REAR CURB
SIDE FACING FRONT NRQ Not required.
600-8ZEXTERIOR CAMERA, REAR
STREET SIDE FACING FRONTNRQ Not required.
600-90EXTERIOR BACKUP CAMERA,
FACING BEHIND BUMPER NRQ Not required.

600-91CAMERA FACING MIDDLE EXIT
DOOR NRQ Not required.
600-92

CAMERA ON MID CEILING,

FACING REARWARD TO JOINT
AREA
NRQ Not required.
600-93

CAMERA ON MID CEILING,

FACING FORWARD AT FRONT
SEATS
NRQ Not required.
600-94EXTERIOR CAMERA, MID CURB
SIDE FACING REAR NRQ Not required.
600-95EXTERIOR CAMERA, MID
STREET SIDE FACING REARNRQ Not required.

ITEM # 25

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: John Soria, Director of Transportation

SUBJECT: APPROVE AGREEMENT NO. 4419 WITH NEW FLYER OF AMERICA, INC. TO PURCHASE THREE, FORTY-FOOT, HEAVY DUTY

HYDROGEN FUEL CELL ELECTRIC TRANSIT BUSES

DATE: May 27, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Agreement No. 4419 with New Flyer of America, Inc. (New Flyer), to purchase three (3), forty-foot (40’), Heavy Duty Hydrogen Fuel Cell Electric Buses (FCEBs); and

2. Authorize the City Manager and/or his designee to approve change orders for up to two percent (2%) of the total agreement amount; and

3. Amend the Fiscal Year 2025-26 adopted operating budget to increase appropriations by $801,888, in Account No. 600-90-915-6082 (Transit, Corporate Shop, Vehicle Purchases) ; and

4. Take such additional, related action as may be desirable.

FISCAL IMPACT:

The three (3) Hydrogen Fuel Cell Electric Buses (FCEBs) will be purchased utilizing Federal Transit Administration (FTA) Pre-Award Authority in anticipation of Grant Application 1657-2025-1, alongside Senate Bill 1 (SB1)/State Transit Assistance (STA) funds awarded in Fiscal Year 2024-25. While the designated grants provide a total allocation of $5,360,510, the estimated purchase cost, including a two percent (2%) contingency is $6,162,398.

To address the remaining $801,888, the Transportation Department’s FY 2025-26

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026

adopted operating budget will be amended to increase appropriations by the corresponding amount in Account No. 600-90-915-6082 (Transit, Corporate Shop, Vehicle Purchases). By exercising Pre-Award Authority, the Transportation Department acknowledges that all Federal requirements must be met to ensure eligibility for future reimbursement.

FUNDING SOURCES ACCOUNT NUMBER BALANCE
Pre-Award Authority FTA Grant TBD $ 3,597,375
SB1/STA FY 2024-25 202-922-2025 $ 1,763,135
Transit Operating Budget 600-90-915-6082 $ 801,888

TOTAL $ 6,162,398
A summary of the total project expenses, including the bus purchase, training and tooling, contingency allotment, contract deliverables, and taxes are as follows:

PROJECT EXPENSES TOTAL
(3) New Flyer Fuel Cell Electric Buses $ $5,482,465
Tax $ 559,102
Subtotal $ 6,041,567
Contingency (2% of the base amount) $ 102,831

TOTAL EXPENSES $ 6,162,398

BACKGROUND/DISCUSSION:

The City of Montebello operates Montebello Bus Lines (MBL) with a fleet of sixty-six (66) heavy duty transit buses, including three (3) battery electric buses, three (3) FCEBs, twenty-six (26) hybrid, and thirty-four (34) Compressed Natural Gas (CNG) buses. This fleet serves over 2.6 million riders annually across thirteen local communities. To ensure the delivery of quality and reliable transportation services to the City and neighboring communities. MBL consistently evaluates and assesses the condition of its fleet. In accordance with the City’s Administrative Policy, No. VI-C-3: Capital Asset Policy, staff recommend the replacement of three (3) New Flyer Hybrid transit buses (manufacturer year 2009).

These buses have exceeded the useful life benchmark (ULB) defined by FTA Circular 5010.1E, Chapter IV, which establishes a minimum service life for heavy-duty transit buses (35-40 feet) of twelve (12) years or 500,000 miles. Having exceeded the federal ULB, replacing these buses is essential to maintain State of Good Repair (SGR) standards, reduce escalating maintenance costs associated with an aging fleet, and ensuring the continued safety and reliability of service for MBL’s passengers and operators.

The three (3) new FCEBs will be purchased through the procurement process outlined in Montebello Municipal Code (“MMC”) Section 3.20.125 – “Piggybacking Purchasing Agreement" and as authorized under California Government Code section 54202. In

CITY COUNCIL AGENDA REPORT - MEETING OF MAY 27, 2026

accordance with MMC 3.20.125(A), the City will enter into a purchase agreement with New Flyer (Attachment A) using the base pricing and terms established in the Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01), which expires on July 31, 2026 (Attachment B).

New Flyer has fully complied with all the stipulated requirements, and technical specifications, of the cooperative agreement. MBL staff has conducted a thorough review of all federal clauses (Attachment C) and procurement documents to ensure FTA compliance. In addition, MBL predominantly operates a fleet of New Flyer CNG, FCEBs and battery electric transit buses. Therefore, procuring additional buses from the same manufacturer aligns with the City's ongoing efforts to standardize its fleet. If approved, the delivery of all three (3) buses to MBL is anticipated on or before the end of the first quarter of 2028 (March).

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends the City Council approve Agreement No. 4419, attached hereto in substantial form (Attachment A), with New Flyer to purchase three (3), forty-foot (40’), Heavy Duty FCEBs using the base pricing and terms established in Cooperative Contract No. 23-01; authorize the City Manager and/or his designee to approve change orders for up to two (2%) of the contract amount as necessary; amend the FY 2025-26 adopted operating budget to increase appropriations by $801,888 in Account No. 600-90-915- 6082 (Transit, Corporate Shops, Vehicle Purchases); and direct staff to take such additional, and related, action as may be desirable.

ATTACHMENT(S)

1. Attachment A – Proposed Draft Agreement No. 4419

2. Attachment B – Basin Transit_CALACT Contract #23-01

3. Attachment C – Federal Required Clauses

4. Attachment D – New Flyer Proposal and Cost Sheet

ATTACHMENT A

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. 4415

WITH NEW FLYER OF AMERICA, INC

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on May 27, 2026 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and NEW FLYER OF AMERICA, INC. (the “VENDOR”). The CITY and the VENDOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to procure three (3), forty-foot (40’), heavy- duty hydrogen fuel cell electric transit buses (FCEBs) from a qualified vendor to support Montebello Bus Lines’ fleet replacement needs; and

WHEREAS, the VENDOR represents that it is fully qualified to provide such goods by virtue of its experience and the training, education, and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS

a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.

2. Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01).

3. All other documents, including but not limited to all applicable bonds, insurance certificates, notices, schedules, forms, certifications, and affidavits.

b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.

a. All terms, conditions, requirements, and provisions of the Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

PROFESSIONAL SERVICES AGREEMENT NO. 4419

b. The Vendor shall provide to the City all goods, equipment, materials, and incidentals necessary to furnish three (3), forty-foot (40’), heavy-duty fuel cell electric transit buses (FCEB), as set forth fully in the Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Goods”).

c. The Vendor shall be compensated for performance of this Agreement as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The Vendor shall provide an itemized invoice to the City in accordance with the delivery and acceptance of the Goods. The Vendor shall not incur fees or costs which exceed the Compensation without the prior written consent of the City.

SECTION 3. TERM.

a. This Agreement shall commence on the Effective Date and shall remain in effect until all Goods, including all vehicles, parts, and associated equipment and services, have been fully delivered to and accepted by the City at 400 S Taylor Ave, Montebello, CA 90640, unless terminated earlier as hereinafter provided.

b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.

a. The VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of VENDOR hereunder, in meeting its obligations under this Agreement.

c. The VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

d. The VENDOR shall have the right to retain, subject to the CITY's approval, additional individuals, VENDORs or subVENDORs to assist in the completion of services as herein defined. Compensation for additional individuals, VENDORs or subVENDORs shall be the sole and exclusive responsibility of the VENDOR.

e. The VENDOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the VENDOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.

a. The VENDOR hereby agrees that all work product produced pursuant to this

PROFESSIONAL SERVICES AGREEMENT NO. 4419

Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The VENDOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the VENDOR.

b. All data, documents, discussion, or other information developed or received by the VENDOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the VENDOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The VENDOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the VENDOR under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the VENDOR and shall be the CITY’s agent with respect to obtaining the VENDOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the VENDOR, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the VENDOR. The VENDOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination.

This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the VENDOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. The CITY shall have the option, at its sole

PROFESSIONAL SERVICES AGREEMENT NO. 4419

discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (10) business days’ written notice to the VENDOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the VENDOR the part of Compensation which would otherwise be payable to the VENDOR for services the VENDOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the VENDOR shall be reimbursed for any “non-refundable” costs that the VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the VENDOR prior to the date of termination, and (2) that the VENDOR provides the CITY with adequate proof that the VENDOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the VENDOR for its performance of services under this Agreement. The VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the VENDOR during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the VENDOR in the event of any default or breach by the CITY, or for any amount which may become due to the VENDOR.

SECTION 11. INDEPENDENT VENDOR.

a. The VENDOR is and shall, at all times, remain as to the CITY a wholly independent VENDOR. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the VENDOR except as expressly set forth in this Agreement. The VENDOR shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the VENDOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the VENDOR, the VENDOR’s employees or the VENDOR’s subVENDORs for injury or sickness arising out of performing services hereunder.

b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to the VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the VENDOR. The CITY shall have no responsibility to provide the VENDOR, its employees or subVENDORs with workers’ compensation

PROFESSIONAL SERVICES AGREEMENT NO. 4419

insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the VENDOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the VENDOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the VENDOR. If this Agreement remains in place, the VENDOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the VENDOR or any employee, agent, or subVENDOR of the VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the VENDOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the VENDOR or its employees, agents, or subVENDORs, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the VENDOR and any of its employees, agents, and subVENDORs providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The VENDOR shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the VENDOR to comply with this section.

SECTION 14. INDEMNIFICATION.

The VENDOR agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the VENDOR’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

PROFESSIONAL SERVICES AGREEMENT NO. 4419

SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the VENDOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

 Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if VENDOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

 Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

b. If the VENDOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR.

c. The VENDOR shall require each of its subVENDORs, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the VENDOR’s expense, the premium thereon.

f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

PROFESSIONAL SERVICES AGREEMENT NO. 4419

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the VENDOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The VENDOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

h. The VENDOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The VENDOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

j. The insurance provided by the VENDOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of VENDOR’s insurance and shall not contribute with it.

k. All insurance coverage provided pursuant to this Agreement shall not prohibit the VENDOR, and VENDOR’s employees, agents or subVENDORs, from waiving the right of subrogation prior to a loss. The VENDOR hereby waives all rights of subrogation against the CITY.

l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the VENDOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the VENDOR shall procure a bond guaranteeing payment of losses and expenses.

m. Procurement of insurance by the VENDOR shall not be construed as a limitation of the VENDOR'S liability or as full performance of VENDOR’s duties to indemnify, hold harmless and defend under the indemnity covenants of this

PROFESSIONAL SERVICES AGREEMENT NO. 4419

Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The VENDOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-VENDOR, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the VENDOR and shall not bind or purport to bind the CITY and shall not release the VENDOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-VENDORs. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the VENDOR under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the

PROFESSIONAL SERVICES AGREEMENT NO. 4419

contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices,

PROFESSIONAL SERVICES AGREEMENT NO. 4419

demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Transportation
Attn: John Soria, Director of Transportation
400 South Taylor Avenue
Montebello, CA 90640
(323) 558-1625 ext. 1315
Email: [email protected]

If to VENDOR: VENDOR Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email:

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the VENDOR shall not discriminate against any employee, sub-VENDOR, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The VENDOR will take affirmative action to ensure that sub-VENDOR and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The VENDOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the VENDOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the VENDOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 4419

The VENDOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the VENDOR. The VENDOR's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the VENDOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]

PROFESSIONAL SERVICES AGREEMENT NO. 4419

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“VENDOR”)

CITY OF MONTEBELLO NEW FLYER OF AMERICA, INC

Raul Alvarez, City Manager Full Name, Title

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
 Exhibit A – Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01) and VENDOR’s Proposal
 Exhibit B – Schedule of Compensation

EXHIBIT “A”

Basin Transit / CALACT Contract #23-01 (Cooperative Contract No. 23-01) and VENDOR’s Proposal

EXHIBIT “B”

Schedule of Compensation

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Table of Contents
ACCESS TO RECORDS AND REPORTS ............................................................................................... 3 AMERICANS WITH DISABILITIES ACT (ADA)..................................................................................... 3 BUY AMERICA REQUIREMENTS ....................................................................................................... 4 CARGO PREFERENCE REQUIREMENTS ............................................................................................ 4 CHANGES TO FEDERAL REQUIREMENTS ......................................................................................... 5 CHARTER SERVICE ........................................................................................................................... 5 CIVIL RIGHTS LAWS AND REGULATIONS ......................................................................................... 6 CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT ............................................... 8 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ............................................................ ..9 DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT ............................................................. 10 DEBARMENT AND SUSPENSION .................................................................................................... 11 DISADVANTAGED BUSINESS ENTERPRISE (DBE) ........................................................................... 11 ENERGY CONSERVATION ............................................................................................................... 12 EQUAL EMPLOYMENT OPPORTUNITY ........................................................................................... 12 FLY AMERICA ................................................................................................................................. 14 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS .................................... 14 NO GOVERNMENT OBLIGATION TO THIRD PARTIES ..................................................................... 15 NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD, WASTE, ABUSE, OR OTHER LEGAL MATTERS ................................................................................ 15 PATENT RIGHTS AND RIGHTS IN DATA .......................................................................................... 16 PRE-AWARD AND POST-DELIVERY AUDITS OF ROLLING STOCK PURCHASES ............................... 17 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS ................... 18

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. .................................................................................................................................. 18 PROMPT PAYMENT ....................................................................................................................... 20 RESTRICTIONS ON LOBBYING ........................................................................................................ 20 SAFE OPERATION OF MOTOR VEHICLES ....................................................................................... 23 FEDERAL CLAUSES ........................................................................................................................... 3

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SIMPLIFIED ACQUISITION THRESHOLD ..........................................................................................23 SOLID WASTES (RECOVERED MATERIALS) .....................................................................................23 SPECIAL DOL EEO CLAUSE FOR CONSTRUCTION PROJECTS ...........................................................25 SUBSTANCE ABUSE REQUIREMENTS ..............................................................................................27 TERMINATION ................................................................................................................................27 VETERANS HIRING PREFERENCE.....................................................................................................31 VIOLATION AND BREACH OF CONTRACT ....................................................................................... 32 FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS ........................................................35 FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS……………………………………………………33 SEVERABILITY ..................................................................................................................................33 TRAFFICKING IN PERSONS ..............................................................................................................34 OTHER RECOMMENDED CONTRACT REQUIREMENTS ................................................................... 33

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FEDERAL CLAUSES

a. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third-party Contracts of any type, and supporting materials related to those records.
b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
c. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.

AMERICANS WITH DISABILITIES ACT (ADA)

The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ, U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.

ACCESS TO RECORDS AND REPORTS

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BUY AMERICA REQUIREMENTS

The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.

Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117-58, div. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). In accordance with 2 CFR § 184.2(a), the Recipient shall apply the standards of 49 CFR Part 661 to iron, steel, and manufactured products.

Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information, please see the FTA’s Buy America webpage at: https://www.transit.dot.gov/buyamerica

CARGO PREFERENCE REQUIREMENTS

The contractor agrees:
a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United

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States-flag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S.-Flag Vessels,” 46 CFR Part 381.

b. to furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590; and

c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.

CHANGES TO FEDERAL REQUIREMENTS

Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and
Applicable changes to those federal requirements will apply to each Third-Party Agreement and parties thereto at any tier.

CHARTER SERVICE (N/A)

The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r), and 49 C.F.R. part 604, which provides that Recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under:

1. Federal transit laws, specifically 49 U.S.C. § 5323(d);

2. FTA regulations, “Charter Service,” 49 C.F.R. part 604;

3. Any other federal Charter Service regulations; or

4. Federal guidance, except as FTA determines otherwise in writing.

The contractor agrees that if it engages in a pattern of violations of FTA’s Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include:

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1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA;

2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or

3. Any other appropriate remedy that may apply.

The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services.

CIVIL RIGHTS LAWS AND REGULATIONS

The following Federal Civil Rights laws and regulations apply to all contracts.

The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue. 1 Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:
a) Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.

b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. 2 Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.

3 Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity

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Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.

4 Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.

Civil Rights and Equal Opportunity
The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications.

Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.

1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.

4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). Violations must be reported to FTA and the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:

Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract

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exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.

Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”

CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

a. Applicability: This requirement applies to all FTA grant and cooperative agreement programs.
b. Where applicable (see 40 U.S.C. § 3701), all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II. c. Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
d. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. e. The regulation at 29 C.F.R. § 5.5(b) provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act:

Compliance with the Contract Work Hours and Safety Standards Act.

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(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”

DAVIS BACON ACT AND COPELAND ANTI-KICKBACK ACT

For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, the Contractor shall comply with the Davis-Bacon Act and the Copeland “Anti-Kickback” Act.

Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by DOL regulations at 29 C.F.R. part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction.” In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing

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wages specified in a wage determination made by the Secretary of Labor. In addition, the Contractor agrees to pay wages not less than once a week. The Contractor shall also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

DEBARMENT AND SUSPENSION

Debarment and Suspension (Executive Orders 12549 and 12689). A covered transaction (see 2 C.F.R. §§ 180.220 and 1200.220) must not be entered into with any party listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 180 that implement Executive Orders 12549 (31 U.S.C. § 6101 note, 51 Fed. Reg. 6370,) and 12689 (31 U.S.C. § 6101 note, 54 Fed. Reg. 34131), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Recipient agrees to include, and require each Third Party Participant to include, a similar provision in each lower tier covered transaction, ensuring that each lower tier Third Party Participant:

(1) Complies with federal debarment and suspension requirements; and

(2) Reviews the SAM at https://www.sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)
It is the policy of the Agency and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts.

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-assisted contracts.

Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:

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(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. 49 C.F.R. § 26.13(b).

Prime contractors are required to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment the Agency makes to the prime contractor. 49 C.F.R. § 26.29(a).

Finally, for contracts with defined DBE contract goals, the contractor shall utilize the specific DBEs listed unless the contractor obtains the Agency’s written consent; and that, unless the Agency’s consent is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. 49 C.F.R. § 26.53(f) (1).

ENERGY CONSERVATION

The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).

EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has

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inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.