Simi Valley City Council
October 9, 2023

TRAN2340.SR.JD

CITY OF SIMI VALLEY

MEMORANDUM
O
ctober 9, 2023
TO
: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD OF CONTRACT TO NEW FLYER OF AMERICA, INC. FOR THE PURCHASE OF TWO (2) 35 -FOOT LOW -FLOOR HEAVY DUTY

COMPRESSED NATURAL GAS (CNG) BUSES THROUGH

CALACT/MBTA COOPERATIVE PURCHASING AGREEMENT,
CP75000002, FAIN: CA-2023-033-00

STAFF RECOMMENDATION
I
t is recommended that the City Council:

1. A
ward the attached cooperative contract (page 4) to New Flyer of America, Inc. for the purchase of two (2) 35- foot low-floor heavy-duty CNG buses through CALACT/MBTA Contract No. 18 -01-NF, for a total not -to-exceed amount of $1,380,916.32; and

2. A
uthorize the City Manager to execute related purchasing documents.

BACKGROUND AND OVERVIEW
I
n FY 2022- 23, Simi Valley Transit (SVT) secured $911,494 of Federal Congestion Mitigation Air Quality (CMAQ) fund s, along with $118,094 of the local match fro m the Transportation Development Act Article 4 (TDA) fund for a total of $1,029,588 to replace two (2) CNG fixed route buses. Due to continued supply chain disruption and inflation, the cost to procure buses continues to increase, and the initial funding w ill not be sufficient to cover the procurement. In FY 2023 -24, SVT allocated additional TDA funds of $370,412 to cover the shortfall bringing the total project budget to $1,400,000. The Capital Improvement Plan (CIP) was budgeted accordingly in respective fiscal years:

Federal CMAQ Local TDA Art. 4 Total CIP Budget
FY 2022-23 $911,494 $118,094 $1,029,588
FY 2023-24 $370,412 $ 370,412
Total $911,494 $488,506 $1,400,000
I
n accordance with Federal Transportation Administration (FTA) regulations, heavy-duty buses that have reac hed twelve (12) years of service and/or 500,000 miles should be AGENDA ITEM NO.

Consent (2)
TRAN2340.SR.JD
replaced. Two SVT vehicles have reached this replacement threshold and therefore SVT is proposing to replace two (2) 40-foot low-floor, heavy-duty CNG buses with two (2) 35- foot low-floor, heavy-duty CNG buses. The two (2) 40- foot CNG buses (vehicles #4527 and #4528) have exceeded their useful life benchmark, and have been experiencing a high demand for costly repairs.

FINDINGS AND ALTERNATIVES
As a member of the California Association for Coordinated Transportation (CALACT), the City can procure new buses through CALACT/Morongo Basin Transit Authority (MBTA) Cooperative Purchasing (Cooperative). The Cooperative provides a Federal and California state-compliant purchasing solution that allows the City to select the vehicles that best meet its transit needs. The City’s Purchasing Ordinance Section 2- 9.201 (f) authorizes the use of the cooperative purchasing method , recognizing the efficiency in staff time and the very competitive pricing usually available.

SVT utilized the CALACT/MBTA Cooperative Purchasing and has scrutinized available necessary features to improve the City’s fixed route transit service. SVT has received the New Flyer of America, Inc. Best and Final Offer (BAFO) for the purchase of two (2) 35- foot low-floor, heavy-duty CNG buses for a total cost of $1,380,916.32 ($690,458.16 per bus). The proposed delivery date will be within 9 to 12 months from the award of the contract. Furthermore, SVT received the CALACT Assignment to Purchas e Agr eement #18-01-0856 (Contract, Ex hibit B, page 160) that provides two (2) options to purchase future transit vehicles and may be exercised on or before April 5, 2024. This purchase is 100% funded by non-General Fund revenues.

Staff recommends that the City Council award the attached contract to New Flyer of America, Inc. for a total not -to-exceed amount of $1,380,916.32 for the purchase of two (2) 35-foot low-floor, heavy-duty CNG buses through CALACT/MBTA Contract No. 18-01 NF, and authorize the City Manager to execute related purchasing documents.

The following alternatives are available to the City Council:

1. A
ward the attached cooperative contract to New Flyer of America, Inc . for a total not-to-exceed amount of $1,380,916.3 2 for the purchase of two (2) 35- foot low- floor heavy-duty CNG buses through CALACT/MBTA Contract No. 18-01 NF; and

2. A
uthorize the City Manager to execute related purchasing documents;

3. D
o not award a contract at this time and provide staff other direction.

S
taff recommends Alternative Nos. 1 and 2.
2 TRAN2340.SR.JD

SUGGESTED CITY COUNCIL MOTION
I m
ove to award a cooperative contract to New Flyer of America, Inc. for the purchase of two (2) 35- foot low -floor, heavy-duty CNG buses for a total not -to-exceed amount of $1,380,916.32 and further authorize the City Manager to execute related purchasing documents.

SUMMARY
The
CIP project (CP75000002) has sufficient funds to purchase two (2) 35-foot CNG buses funded by CMAQ and TDA. The purchase will replace the two (2) 40- foot CNG buses that have reached their service useful life. This purchase is 100% funded by non-General Fund revenues. It is recommended that the City Council approve the attached contract with New Flyer of America, Inc. utilizing CALACT/MBTA Cooperative Purchasing for the purchase of two (2) 35-foot low-floor heavy-duty CNG buses for a total not-to-exceed amount of $1,380,916.3 2 and further authorize City Manager to execute related purchasing documents.
______
______________________________
Ronald K. Fuchiwaki
Public Works Director
Pr
epared by: Gian Maria Garcia, Management Assistant
INDE
X Page
Cont
ract .............................................................................................. 4 Exhibit A – CALACT/MBTA Contract No. 18-01 NF ........................ 10 Exhibit B – CALACT Assignment to Purchase Agreement ........ ......160 Exhibit C – New Flyer of America Sales Quote ......................... .....164 3 TRAN2340.CON.JD

CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND
NEW FLYER OF AMERICA, INC. FOR THE PURCHASE OF
TWO (2) 35 -FOOT LOW-FLOOR HEAVY DUTY

COMPRESSED NATURAL GAS (CNG) BUSES THROUGH

CALACT/MBTA COOPERATIVE PURCHASING
AGREEMENT, CP75000002, FAIN: CA-2023-033-00

THIS CONTRACT is made and entered into in the City of Simi Valley on October 9, 2023 (the “Effective Date”), by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and NEW FLYER OF AMERICA, INC., a corporation , hereinafter referred to as CONTRACTOR, each a “ Party,” and collectively, “Parties”.

RECITALS

WHEREAS, the CITY wishes to purchase two (2) 35 -foot low-floor heavy duty CNG buses;

WHEREAS, CONTRACTOR has a valid contract with another
governmental agency (California Association for Coordinated Transportation (CALACT) / Morongo Basin Transit Authorization (MBTA) ; CONTRACT No. 18-01 NF) under which CONTRACTOR provides 35-foot low-floor heavy duty CNG buses (the “Cooperative Contract”);

WHEREAS, the CITY is a member of good standing with CALACT and is eligible under the Federal Transit Administration (FTA) procurement requirements to participate;

WHEREAS, the FTA has found the Cooperative Contract and the subsequent contract with CONTRACTOR eligible for federal participation and compliant with Buy America Pre-Award requirements;

WHEREAS, the CITY is held to the total and delivery dates as contained within the CONTRACTOR’s quote dated August 1, 2023; and

WHEREAS, on August 26, 2023, the CITY received an assignment of two (2) options to purchase transit vehicles from the Cooperative Contract per Assignment to Purchase Agreement #18-01-0856.

NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the Parties hereto agree as follows:

AGREEMENT

1. Term
. The term of this CONTRACT shall be from the date this CONTRACT is made and entered as first written above, until completion of all of the 4 TRAN2340.CON.JD

CONTRACTOR’S obligations under this CONTRACT and its accompanying exhibits, but in any event no longer than December 31, 2024.

2. Description of Supplies, Equipment, Materials, or Services. This CONTRACT is for the purchase of two (2) 35- foot low-floor heavy duty CNG buses.

CONTRACTOR agrees to supply the item(s) more specifically set forth in the Cooperative Contract attached hereto and incorporated herein as Exhibit “A” as authorized by the Assignment to Purchase Agreement #18- 01-0856 attached hereto and incorporated herein as Exhibit “B”.

3. Compensation and Payment.

A. The CITY shall be obligated to pay CONTRACTOR based
upon the unit and/or lump sum prices supplied by CONTRACTOR, multiplied by the actual CITY-authorized quantities received and accepted by CITY; as contained in the Quote attached hereto and incorporated here in as Exhibit “C”.

B. Payments to the CONTRACTOR shall be made within 30
days after receipt of an original invoice from the CONTRACTOR and acceptance of the goods and/or services by CITY.

C. In no event shall the total amount paid for this CONTRACT exceed $1,380,916.32
(the “Not-To-Exceed Limit”) unless otherwise agreed to by the Parties in writing.

4. CONTRACTOR Representations and Obligations.

A. CONTRACTOR shall perform as required by this
CONTRACT. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of this CONTRACT that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder.

B. CONTRACTOR shall obey all Federal, State, local, and special district laws, ordinances, and regulations.

C. CONTRACTOR shall indemni fy, defend, and hold CITY
harmless from any claim that prevailing wages should have been paid pursuant to this CONTRACT, including federal prevailing wage requirements under the Davis-Bacon Act, if applicable and shall be liable for the payment of same and any penalties thereon.

D. CONTRACTOR shall abide by the CITY’S Business Tax
Ordinance, of which proof of payment must be obtained prior to performance of this CONTRACT. CONTRACTOR shall maintain a valid Business Tax Certificate for the term of the CONTRACT.

5. Audit
.

A. At any time during normal business hours and as often as the CITY may reasonably deem necessary, CONTRACTOR shall make available to CITY for inspection its records pertaining to this CONTRACT. CONTRACTOR shall permit CITY 5 TRAN2340.CON.JD

to audit, examine and/or reproduce such records. CONTRACTOR will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least three (3) years after termination or final payment under this CONTRACT. This paragraph shall survive for three (3) years after termination of this CONTRACT.

B. CITY shall have the option of inspecting and/or auditing all records and other written materials used by CONTRACTOR in preparing its statements to CITY as a condition precedent to any payment to CONTRACTOR.

6. Hold Harmless and Indemnification; Insurance
. CONTRACTOR
shall defend, indemnify, and hold harmless CITY, its agents, officials, officers, representatives, and employees, from and against all claims, lawsuits, liabi lities or damages of whatever nature arising out of or in connection with, or relating in any manner to any act or omission of CONTRACTOR, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non-performance of this CONTRACT.

The CONTRACTOR shall thoroughly investigate any and all claims and indemnify the CITY and do whatever is necessary to protect the CITY, its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilit ies, expenses, or damages arising out of this CONTRACT. The CONTRACTOR must select an attorney acceptable to the CITY who will defend such proceeding and the CITY will control any litigation thereof. Such approval by the CITY will not be unreasonably wit hheld. This paragraph shall survive the termination of this CONTRACT.

Insurance: The CITY shall be included as an Additional Insured in the automobile and liability insurance policies and endorsements of the CONTRACTOR as required by SP 16 of the CALACT/ MBTA Contract No. 18-01 NF (Exhibit A, RFP pages 49-50).

7. Amendments
. Any amendment, modification, or variation from the
terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by the City Manager and CONTRACTOR.

8. Anti-Discrimination. In the performance of the terms of this CONTRACT, CONTRACTOR shall not engage in, nor permit subcontractors to engage in, discrimination in employment of persons because of the age, race, color, religious creed, sex, sexual orientation, national origin, ancestry, physical disability, mental disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in Labor Code Section 1735.

9. Termination. If, during the term of this CONTRACT, CITY determines that CONTRACTOR is not faithfully abiding by any term or condition contained herein, CITY may notify CONTRACTOR in writing of such defect or failure to perform. The notice must give to the CONTRACTOR a ten (10) day period of time thereafter in which to perform the work or cure the deficiency. If CONTRACTOR has not performed the work or cured said deficiency within the ten (10) days specified in the notice, such failure shall constitute a breach of this CONTRACT, and CITY may terminate this CONTRACT immediately by written notice to C ONTRACTOR. Thereafter, neither Party shall have any further duties, obligations, responsibilities, or rights under this CONTRACT except, however, any and all obligations of CONTRACTOR'S surety shall remain in full force and effect and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In such event, CONTRACTOR shall be entitled to the 6 TRAN2340.CON.JD

reasonable value of its services pursuant to the applicable price or rate schedules in this CONTRACT (but in any event not to exceed the Not -To-Exceed Limit) performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, minus any damages, including liquidated damages if so provided herein, occasioned by such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall CONTRACTOR be entitled to receive in excess of the Not -To- Exceed Limit.

10. Complete CONTRACT; Order of Precedence
. This CONTRACT
and its accompanying exhibits shall constitute the complete CONTRACT between the Parties hereto. No verbal agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such verbal agreement, understanding, or repr esentation be binding upon the Parties hereto. In interpreting this CONTRACT, this CONTRACT shall take precedence over the Cooperative Contract.

11. Time of Performance. Time is of the essence in this CONTRACT.

12. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto; provided, however, that no Party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without the prior written consent of the other Party, and any such assignment without said consent shall be void.

13. Authority to Execute Contract. Both CITY and CONTRACTOR do covenant that each individual executing this CONTRACT on behalf of each Party is a person duly authorized and empowered to execute contracts for such Party.

14. Liquidated Damages. In the event CONTRACTOR does not meet the delivery date specified herein this CONTRACT, the CONTRACT amount shall be reduced by $100.00 per business day per bus as defined in SP 12 of the CALACT/MBTA Contract No. 18- 01 NF (Exhibit A , RFP pages 47- 48). As a delay in delivery of the specified items could materially affect the public and the efficient operation of the CITY to an extent incapable of precise calculation at the inception hereof, the reduction is established as the nearest measure of damages for such delay and is not established as a penalty or forfeiture for the breach of CONTRACT to be delivered on schedule. Such reduction may be invoked if delivery exceeds the specified timeline(s) for any reason.

15. FTA Requirements. CONTRACTOR shall comply with all FTA requirement as defined in Section 5 of the CALACT/MBTA Contract No. 18-01 NF (Exhibit A, RFP pages 51-60).

16. Jurisdiction and Venue. Jurisdiction is in an appropriate court in the State of California and venue lies in Ventura County, and the Parties do not consent to arbitration. In the event of any dispute, each Party shall bear its own fees and costs (including attorneys’ fees). This CONTRACT shall be governed by California law, without regard to conflict of law principles.

7 TRAN2340.CON.JD

17. Non-Appropriation of Funds . Payments due and payable to CONTRACTOR for current goods and/or services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY. In the event CITY has not appropriated sufficient funds for payment of goods and/or services beyond the current fiscal year, this CONTRACT shall cover only those costs incurred up to the conclusion of the current fiscal year.

18. Taxpayer Identification Number . CONTRACTOR shall provide CITY with a complete Request for Taxpayer Identification Number and Certification, form W-9 (latest revision), as issued by the Internal Revenue Service.

19. Permits and Licenses . CONTRACTOR, at its sole cost and expense, shall obtain and maintain during the term of this CONTRACT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of this CONTRACT.

20. Waivers. The waiver by one Party of any term or condition of this CONTRACT, or any breach thereof, shall not be construed to be a general waiver by said Party or as a waiver of any other term or breach.

21. Notices. All written notices required by, or related to this CONTRACT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither Party to this CONTRACT shall refuse to accept such mail; the Parties to this CONTRACT s hall promptly inform the other Party of any change of address. All notices required by this CONTRACT are effective on the day of receipt, unless otherwise indicated herein. The mailing address of each Party to this CONTRACT is as follows:

CITY City of Simi Valley
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attn: Ben Gonzales
Deputy Public Works Director (Transit)

CONTRACTOR New Flyer of America, Inc.
6200 Glenn Carlson Drive
St. Cloud, MN 56301
Attn: Walter Yang
Regional Sales Manager

8 TRAN2340.CON.JD

IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of the Effective Date.

Attest: City of Simi Valley, A Municipal Corporation

By:

Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California

Approved as to Form: New Flyer of America, Inc.

By:

Sonia A. Hehir,
Senior Assistant City Attorney Print Name:

Approved as to Content: Title:

By:

Brian Paul Gabler, City Manager
Print Name:

Title:

Johanna Medrano,
Deputy Administration Services Director/
Budget & Purchasing

Ronald K. Fuchiwaki
Public Works Director

9 TRAN2340.CON.JD
EXHIBIT “A”
CA
LACT/MBTA CONTRACT NO. 18-01 NF
CO

NTRACT BETWEEN THE CITY OF SIMI VALLEY AND
NEW FLYER OF AMERICA, INC. FOR THE PURCHASEOF
TWO (2) 35 -FOOT LOW-FLOOR HEAVY DUTY

COMPRESSED NATURAL GAS (CNG) BUSES THROUGH

CALACT/MBTA COOPERATIVE PURCHASING
AGREEMENT, CP75000002, FAIN: CA-2023-033-00
10 MBTA GONTRACT # 18-01 NEW FLYER
AGREEMENTREGARDINGPURGHASEoFTRANSITVEHIGLES.
rHlS AGREEMENT is made 3nd en].e.r?,! :]I:^*,#fl
9 between and
8lb"J'Ji:x,'J#J;'ffi il":''i:i.,9l[Itfi =i"*;'f:ll=$',:h''55?i,ili fl,'3l"R8t;i5,il'illl?''iu!loirnql'-lx;1,':l[=]and,MBrAmav lL",":B }:f,J#:il i ffi , o"#,' ;;,,: plnyr o r to r r e cti ve r v a s " p a rt i e s' "

RECITALS
WHEREAS,MBTA,byitsRequestforProposals#18.01,dulyadvertised for written propo.rl, to o" ribritt"d-". ot before 1 1 :00 a.m' on October 12' 2olgfor the pur"nur" oi H"rry outy near Lngine Transit, commuter and Trolley vehicres (,BUSES') on behart or itslriJ.o in,il"int procurement participants of the carAcr-NIerA Vehicre purchasing cooperative by the MBTA; and WHEREAS, the MBTA',s RFP is attached hereto as Exhibit "A"', and is incorporateJ n"r"ii, by reference as if set forth in full; and WHEREAS, SELLER submitted a sealed proposal in response to MBTA',S Notice lnviting ProPosals; and
WHEREAS, after it was determined that SELLER was a successful responsive and responsible proposer; and
WHEREAS, SELLER'5 proposal in response to MBTA's Notice lnviting Proposals is attached hereto as Exhibit "B", and is incorporated herein by reference as if set forth in full; and
WHEREAS, the MBTA Board of Directors has authorized the staff via Resolution and board action to award contracts and accept SELLER'S proposal through agreement by and between SELLER and MBTA upon the terms and conditions set forth herein; and
WHEREAS, MBTA has fully complied with all federal, state, and local laws governing public procurement process for the purchase of the BUSES; NOW, THEREFORE, incorporating the foregoing recitals herein, for and in consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and MBTA hereby agree as follows:

1. GONTRAGT DOGUMENTS. This Agreement, along with all Exhibits referenced herein, and including without limitation, all documents referenced in said Exhibits shall hereinafter be referred to as the "Contract Documents." ln the Exhibit A - CALACT MBTA Contract No. 18-01 NF
11 event of any conflict, the contract Documents, including specifically RFP #18-01 and any addendums thereto, shalltake priority in interpreting the respective rights and obligations of the Parties created by this Agreement Any contract' ,gr""r"it, or other document subsequently created by any Party in connection *Ttn , purchase order issued pursuant to this Agreement and which changes or otherwise modifies the terms and conditions set forth in the Contract Documents shall not be valid without the prior written approval of both of the Parties to this Agreement.

2. DESGRIPTIoN oF BUSES PURCHASED. SEL_IEI !"l9uy asrees thatitshallselltneescribedinRFP#18.o1(attached
hereto as Exhibit "B") to any and ali participants named in the RFP who desire to furchase such BUSES from SELLER. BUSES are to be vehicles with less than 4000 miles and that have never been previously registered.

3. CoNTRACT pRtCtNG. SELLER hereby agrees to sell such BUSES as more partic-ularly described ''n RFP #18-01 (attached hereto as Exhibit "8") under the terms and conditions set forth in RFP #18-01' 4, DELIVERY. SELLER shall deliver F.o.B. per terms and conditions of MBTA ppp g18ry Section sP 7.4, 11 and 12 and as proposed.

SELLER shall
collectpaymeicipantswithinthirty(30)daysafterthe
delivery and acceptance of the BUSES by the participant, and a receipt of an invoice thereof, per RFP #18-01, Section SP 10.

6. NO ASSIGNMENT. Neither this Agreement, nor any interest in it, maybeassigffiyanyPartywithoutthepriorwrittenconsentof
all of the Parties to this Agreement.

7. NO ATTORNEYS', FEES. If litigation is required to enforce or interpret tne provisions of tnis ngreement, neither SELLER nor the Cooperative snalibe entitled to an award of attorneys' fees or costs, but shall be entitled to any other relief to which it may be entitled by law.
g. MODIFICATION. This Agreement may be modified only in a writing approved by the MBTA Board and signed by all Parties.
g. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in San Bernardino County, California.

10. NO WAIVER OF DEFAULT. The failure of any Party to enforce against anothe, pa.ty any prwision of this Agreement shall not constitute a waiver Exhibit A - CALACT MBTA Contract No. 18-01 NF
12 of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.

11. FURTHER ASSURANCES. Each P3rty shall execute and deliver such papers@ments, and perform such acts as are
necessary or appropriate, io implement the terms of this Agreement and the intent of the parties to this Agreement.

12. ND Subject to
prrrgrrlh O, ent shall inure to the benefit
' - -r-^-:^:-a-^l^-^
of, aid be binding ipon, the paiies to the contract and their heirs, administrators, executOrs, p"r.onri ,"pr"*"ntatives, Successors and assignS' Whenever the context so requires, the masculine gender and includes the feminine and neuter' and the singular number includes th-e plural. This Agreement may be executed in any numbel of cornterparts, each of which shall be considered as an original and be effective as such.
{3. NONTNTEREST. No officeroremployee of the MBTAshall hold any interest in tnisEffifiT(Catifornia Government Code section 1090).

14. CORPORATE AUTHORITY. Each individual signing this
Agreement o of an entih/ represen!9 9nd warrants that he or she is reipectively, duly authorized to sign on behalf of the entity and to bind the entity fully to ea"l' and all of the obligations set forth in this Agreement'

15. INDEMNIFICATION. lndemnification wilt be as per the terms and conditions specified in RFP #18-01, GC 9.1.

16. WARRANTY. The BUSES are warranted by SELLER to be new and to oe tree-trom oetects in material and workmanship pursuant to and in accordance with those certain manufacturer's warranties collectively attached hereto as Exhibit "B", and as submitted in response to RFP #18-01 by SELLER and incorporated herein by reference as if set forth in full. During said warranty periods, the BUSES shall maintain structural and functional integrity. The warranty is based on regular operation under operating conditions prevailing in the purchaser's operating area.

17. WARRANTY OF F|TNESS. SELLER hereby warrants that the BUSESandaffihallmeettherequirementsandconditionsof
the Contract Documents and shall be fit for the purposes intended. Acceptance of this warranty and acceptance the BUSES and materials to be manufactured or assembled pursuant to the specifications in these Contract Documents shall not waive any warranty, either express or implied'
ig. NOTICE. All notices relative to this Agreement shall be given in writing ano srratt-be personally served or sent by certified or registered mail and be Exhibit A - CALACT MBTA Contract No. 18-01 NF
13 effective upon depositing in the United states mail' The Parties shallbe addressed as follows, or at rff;ih:;'oo'"tt designated by proper notice:

19. ..NTINGENGY. Con,tract validity is subject to successful completion of facility and pilot vehicle inspecttons'
Joe Meer
bir."tot of Cooperative Purchasing Programs
Motongo Basin Transit AuthoritY
624}5Verbena Road
Joshua Tree, California 92252
MBTA:

SELLER:

Jennifer Mcneill
Vice President of Sales and
New Flyer of America, lnc.
6200 Glen Carson Drive, St.
56301
Marketing
Cloud Minnesota,

19. EXECUTION. This Agreement is effective upon execution by both parties. It is tfre proOuct of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
lN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

New Flyer of America, lnc. Morongo Basin Transit Authority By
Paul , President and Chief
Executive Officer
neill, VP - Sales and
Marketino
Director of Purchasing
Exhibit A - CALACT MBTA Contract No. 18-01 NF
14 MBTA RFP 18-01 Acknowledgement of Addendums 3 and 4
Th" ,ode.signed acknowledges receipt of the following addenda to the documents:

Addendum No.: 3 Dated: October 11, 2018 (Submittal Requirements) AddondumNo.: 4 Dated: November 30,2018 (BAFO Request)
Proposer: New FlYer of America Inc.

Narne: Jennifer Moneill
Title: VP - Sales and Marketing
Phone: 204.224.6613
Street address: 6200 Glenn Carlson Drive,
City, state, ZIP: St. Cloud, Minnesota, 56301
April4 ,2019
Date
Exhibit A - CALACT MBTA Contract No. 18-01 NF
15 AMENDIT'IENT {
MBTA CONTRACT NO. 18-01 -NEW FLYER
TH;S AI,IENDffiENT is rnade and entered into on Apfil 5. 2Q2t between and arnong New Flyer of America lnc., with its principal place of business located at 6200 Glen Carson Drive, St. Cloud Minnesota, 56301 ('SELLER"), and UIORONGO BASIN TRANSIT AUTHORITY ("MBTA"). SELLER and MBTA may be referred to herein individually as "Party" or collectively as'Parties."

RECITALS
WHEREAS, MBTA, by its Request for Proposals # 1 8-01 , duly advertised for written proposals to be submitted on or before Octohr 12,2$18fur the purchase of Transit Vehicles ("BUSES") on behalf ofthe CalforniaAssociationforCoordinatedTransportation ("CA|*ACT") membership bythe MBTA; and
WHEREAS the parties entered ilrto an AGREEMENT, MTBA Contract No.18-01-NEW FLYER on April 5, 2019; and
WHEREAS the AGREEMENT was for a two-year base period with three one{ear options; and
WHEREAS MBTA Board of Directors has provided authorization to $afitoexmise options;
NOWTHEREFORE BE lT RESOLVED incorporating the foregoing recihals herein, for and ir consideration of the promises and of the mutual covenants and agreements herein contained, SELLER and MBTA hereby agree as follows:

1. Per Section SP-3, Period of Performan@, the period of contract performane is extended to exercise the first one-year option. The new Period of Perfolrnance is extended through April 5, 2422.

2. Per Section SP-5.3, Vehicle and Optional Feature Pricing, the price of the vehicles and of the optional features for each option period shall be the unit price established in the initial Schedule adjusted by PPI 1413 as stipulated in the Contract. For the first one-year period, the price increase is 4.26% from the base price. The new pricing is attached to this Amendment and shall become effective for orders placed on or afler April 5,2021.

INW|TNESS IfrTHEREOF, the Partieshaveexecuted thisAgreement as of the datefirst abovewritten.

NEW FLYER OF AMERICA INC, MORONGO BASIN TRANSIT AUTHORIW (/* rAaf
-"""7 - -"-'"
Chris Stoddart, President, Transit Bus Joe Drfeer, Director of Purchasing Fru*"tlrtt
Jennifer McNeill, Vice President, Sales &
Marketine
Exhibit A - CALACT MBTA Contract No. 18-01 NF
16 Exhibit A - CALACT MBTA Contract No. 18-01 NF
17 Exhibit A - CALACT MBTA Contract No. 18-01 NF
18 1
Morongo Basin Transit Authority
California Association for Coordinated Transportation
Request for Proposal
For a Joint Procurement for
Heavy Duty Rear Engine Transit, Commuter and Trolley Buses (CNG/Diesel)
RFP No. 18-01 Rev 1 08312018
July 2018
Exhibit A - CALACT MBTA Contract No. 18-01 NF
19 2
Contents
SECTION 1: NOTICE OF REQUEST FOR PROPOSALS ................................................................................... 5 NR 1. Purpose of the Procurement and Period of Performance .................................................................... 5 NR 2. Description of the Work to be Done ................................................................................................... 5 NR 3. Validity of Proposals .......................................................................................................................... 6 NR 4. Pre-Proposal Meeting Information ..................................................................................................... 6 SECTION 2: INSTRUCTIONS TO PROPOSERS ................................................................................................ 8 IP 1. Background Information ...................................................................................................................... 8 IP 2. Proposed Schedule for the Procurement ............................................................................................... 8 IP 3. Obtaining Proposal Documents ............................................................................................................ 8 IP 4. Proposal Security Requirements – None .............................................................................................. 9 IP 5. Pre-Proposal Meeting/Information for Proposers................................................................................. 9 IP 6. Questions, Clarifications and Omissions .............................................................................................. 9 IP 7. Addenda to RFP ................................................................................................................................. 10 IP 8. DBE Requirements for Transit Vehicle Manufacturers ..................................................................... 10 IP 9. Conditions, Exceptions, Reservations or Understandings .................................................................. 10 IP 10. Protest Procedures ............................................................................................................................ 10 IP 11. Preparation of Proposals ................................................................................................................... 12 IP 12. Proposal Evaluation, Negotiation and Selection .............................................................................. 15 IP 13. Response to Proposals ...................................................................................................................... 21 IP 14. Conflicts of Interests and Gratuities ................................................................................................. 23 IP 15. Agency-Specific Provisions ............................................................................................................. 23 SECTION 3: GENERAL CONDITIONS ............................................................................................................... 24 GC 1. Definitions ........................................................................................................................................ 24 GC 2. Materials and Workmanship............................................................................................................. 26 GC 3. Conformance with Specifications and Drawings ............................................................................. 26 GC 4. Inspection, Testing and Acceptance ................................................................................................. 26 GC 5. Title and Warranty of Title ............................................................................................................... 27 GC 6. Intellectual Property Warranty ......................................................................................................... 27 GC 7. Data Rights ....................................................................................................................................... 28 GC 8. Changes ............................................................................................................................................ 28 GC 9. Legal Clauses ................................................................................................................................... 29 GC 10. Agency-Specific Provisions – Not Used ........................................................................................ 39 SECTION 4: SPECIAL PROVISIONS .................................................................................................................. 40 SECTION 5: FEDERAL REQUIREMENTS ........................................................................................................ 51 FR 1. Access to Records ............................................................................................................................. 51 FR 2. Federal Funding, Incorporation of FTA Terms and Federal Changes .............................................. 52 FR 3. Federal Energy Conservation Requirements ..................................................................................... 52 FR 4. Civil Rights Requirements ................................................................................................................ 52 FR 5. No Government Obligation to Third Parties ..................................................................................... 54 FR 6. Program Fraud and False or Fraudulent Statements or Related Acts ................................................ 54 FR 7. Suspension and Debarment ............................................................................................................... 54 FR 8. Disadvantaged Business Enterprise (DBE) ....................................................................................... 55 FR 9. Prompt Payment to Subcontractors ................................................................................................... 55 FR 10. Clean Water Requirements ............................................................................................................. 56 Exhibit A - CALACT MBTA Contract No. 18-01 NF
20 3
FR 11. Clean Air Requirements .................................................................................................................. 56 FR 12. Compliance with Federal Lobbying Policy ..................................................................................... 56 FR 13. Buy America ................................................................................................................................... 56 FR 14. Testing of New Bus Models ............................................................................................................ 57 FR 15. Pre-Award and Post-Delivery Audits .............................................................................................. 57 FR 16. Cargo Preference ............................................................................................................................. 58 FR 17. Fly America ..................................................................................................................................... 58 FR 18. Contract Work Hours and Safety Standards Act ............................................................................. 59 FR 19. ADA Access .................................................................................................................................... 59 SECTION 6: TECHNICAL SPECIFICATIONS ................................................................................................... 61 TS 1. GENERAL ........................................................................................................................................ 61 SECTION 7: WARRANTY REQUIREMENTS ................................................................................................... 62 WR 1. Basic Provisions .............................................................................................................................. 62 WR 2. Repair Procedures ............................................................................................................................ 67 SECTION 8: QUALITY ASSURANCE ................................................................................................................. 71 QA 1. Contractor’s In-Plant Quality Assurance Requirements .................................................................. 71 QA 2. Inspection ......................................................................................................................................... 73 QA 3. Acceptance Tests .............................................................................................................................. 75 QA 4. Agency-Specific Requirements ........................................................................................................ 76 SECTION 9: FORMS AND CERTIFICATIONS.................................................................................................. 78 CER 1. Proposer’s Checklist .................................................................................................................. 78 CER 2. Request for Pre-Offer Change or Approved Equal .................................................................... 79 CER 3. Acknowledgement of Addenda ................................................................................................. 80 CER 4. Contractor Service and Parts Support Data ............................................................................... 81 CER 5. Price Worksheet ......................................................................................................................... 82 CER 6. Pre-Award Evaluation Data Form ............................................................................................. 83 CER 7. Federal Certifications and Other Certifications ......................................................................... 85 CER 8. Vehicle Questionnaire and Instructions (Attached) ................................................................... 96 SECTION 10: CONTRACT .................................................................................................................................... 97 SECTION 11: APPENDIXES ............................................................................................................................. 100 Appendix -A-1 – High Floor Bus .................................................................................................................... 100 Appendix A-2 – Low Floor 30 – 35 Foot ....................................................................................................... 100 Appendix A- 3 – Low Floor 35 – 40 Foot ...................................................................................................... 100 Appendix A-4 – Commuter .............................................................................................................................. 100 Appendix A-5 – RE Trolley .............................................................................................................................. 100 Appendix B ........................................................................................................................................................... 101 Appendix C........................................................................................................................................................... 105 Exhibit A - CALACT MBTA Contract No. 18-01 NF
21 4
Appendix D........................................................................................................................................................... 106 Appendix E ........................................................................................................................................................... 109 Appendix F………………………………………………………………………………………………………112
Appendix G…………………………………………………………………………………………… …………114
Exhibit A - CALACT MBTA Contract No. 18-01 NF
22 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
5 SECTION 1: NOTICE OF REQUEST FOR PROPOSALS
NR 1. Purpose of the Procurement and Period of Performance The purpose of this joint procurement is to procure Rear Engine Heavy Duty Transi t Coaches, Commuter Buses and Trolleys. The Morongo Basin Transit Authority (“MBTA” or “Agency”) is the lead agency for the solicitation on behalf of the other participants in the joint procurement.

Only those agencies that are listed in Appendix C will have the ability to purchase vehicles through this contract and the agencies have provided their needs for the term of the contract .

Following contract award, the California Association for Coordinated Transportation (“CalACT”) shall provide contract administration activities related to the joint procurement . However, the resulting Contract may only be modified or amended by written action of MBTA.

The initial period of performance shall be two years. The MBTA shall have the right to extend the period of performance for three (3) one-year options under the provisions of SP 3.

NR 2. Description of the Work to be Done
The Agency requests Proposals for the manufacture and delivery Heavy Duty transit vehicles under the joint procurement in accordance with the terms and conditions set forth in RFP No. 18-

01. A single C ontract will be executed by MBTA acting on behalf of the all participants .

Participating agencies will issue individual purchase orders against the basic contract as funding becomes available to the agencies during the life of the contract. The purchase orders would reflect the basic contract unit prices and reference the basic contract for other terms and conditions.

The proposer must confirm that it is willing to accept an order of a single bus.

Specifically, the Agency is requesting proposals and pricing for the following types of buses:

Heavy Duty High Floor coaches (A-1), Rear Engine 29-32’ coaches (A-2), 35-40’ coaches (A-3), Commuter buses (A-4) and Rear Engine Low Floor Trolleys (A-5).

Proposal due Date and Submittal Requirements:

Proposals must be received by 11 a.m. on Friday, September 28, 2018.

1. Sealed Proposals shall be submitted to following addresses:

Rutan and Tucker
General Counsel for Morongo Basin Transit Authority
611 Anton Boulevard, suite 400, Costa Mesa, California, 92626 Exhibit A - CALACT MBTA Contract No. 18-01 NF
23 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
6 2. Envelopes or boxes containing Proposals shall be sealed and clearly labeled with the Agency’s Proposal number and the solicitation title: RFP No. 18-01, Joint Procurement for Transit Vehicles.

3. Proposers are r equested to submit to the Agency one hard copy marked “Original,” and one (1) additional printed copy, and eight (8) marked and labeled USB thumb drives, each containing an electronic PDF copy of the Proposal and all required Excel files and Buy America documents. Files are to be formatted to include Optical Character Recognition (OCR) so items can be searched. In case of any discrepancies, the hard copy shall be considered by the Agency in evaluating the Proposal, and the electronic version is provided for the Agency’s administrative convenience only. A Proposal is deemed to be late if it is received by the Agency after the deadline stated above. Proposals received after the submission deadline shall be rejected.

Firms that intend to propose multiple vehi cle manufacturer lines may consolidate thei r electronic responses into eight (8 ) single high capacity drives provided that t he media is labeled with “ Manufacturer or Dealer name, RFP 18 -01” and the electronic files are organized into subfolders with file names by manufacturer and type of file.

Example: Main Folder named “Acme Bus,” containing subfolders for “Acme Class H Proposal,” “Acme C lass H Price Worksheet,” “Acme Vehicle Information Worksheet” etc.

NR 3. Validity of Proposals
Proposals and subsequent offers shall be valid for a period of one hundred twenty (120) days.

NR 4. Pre-Proposal Meeting Information
A Pre-Proposal Meeting shall be held on Thursday, July 26, 2018. The meeting shall convene at 10:00 a.m. at the offices of Rutan & Tucker, Conference Room 14 Main, 14th Floor, and 611 Anton Boulevard, Costa Mesa, California. Proposers are asked to notify the Contracting Officer of their attendance and the number of person/s attending so that they may be accommodated. A limit of three (3) representatives per pr oposing firm is requested. The Pre-Proposal meeting is for Proposers only and not intended for subcontractor or supplier attendance.

Proposers are requested to submit wri tten questions to the Contract A dministrator, identified below, in advance of the Pre-Proposal Meeting. In addition, questions may be submitted up to the date specified in “Proposed Schedule for the Procurement.” Responses shall be shared with all prospective proposers. Prospective Proposers are reminded that any changes to the RFP shall be by written addenda only, and nothing stated at the Pre -Proposal Meeting shall change or qualify in any way any of the provisions in the RFP and shall not be binding on the Agency.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
24 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
7 Pre-Contract Contracting Officer’s Contact Information:

Name: Mr. Joe Meer
Title: Director of Cooperative Purchasing Programs
Address: 62504 Verbena Road, Joshua Tree, CA 92252
Phone number: 760-366-2986
E-mail: [email protected]
Fax number: 760-366-2445
Identification of Source of Funding
Financial support of this project is p rovided through financial assistance grants from the Federal Transit Administration (FTA), and/or the State of California, California Department of Transportation (CalTrans) and other sources of local and state public funding.

Signed and Dated for Posting
_________________________________________ ___________________ Signature/Title Date
Exhibit A - CALACT MBTA Contract No. 18-01 NF
25 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
8 SECTION 2: INSTRUCTIONS TO PROPOSERS
IP 1. Background Information
This solicitation is a joint procurement for the manufacture and delivery of heavy duty transit vehicles wh ich may be ordered by participants that have specifically entered into this joint procurement. Individual orders may include optional features, spare parts, training materials and manuals.

The resulting contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) contract with specific minimum and maximum quantities for the total number of vehicles to be potentially ordered. During the two year base contract period, the minimum and maximum quantity of vehicles to be ordered shall be:

Base Period – Minimum - 79 vehicles
Maximum - 233 vehicles
The Agency shall have the option to purchase up to 612 additional Vehicles in orders that may be placed over the three one-year option periods. Funding is contingent on fiscal year availability.

These figures represent the foreseeable needs of the listed Agencies shown on Appendix C , List of Participating Agencies. ONLY these agencies shall be able to be order vehicles from this joint procurement. Neither MBTA, CalACT nor any other participant guarantee any p urchase beyond the minimum quantity for the base contract period. Orders shall be placed on an as - needed basis and are subject to availability of funding.

IP 2. Proposed Schedule for the Procurement
The following is the solicitation schedule for proposers:
• Pre-Proposal Meeting: Thursday, July 26, 2018 at 10 am. • Proposer communications and requests: Friday, August 17, 2018 at 4 pm. • Responses to Proposer’s communications and/or Agency addenda: Friday, September 7, 2018 at 4 pm.
• Proposals Due Date: Friday, September 28, 2018 at 11 am.

IP 3. Obtaining Proposal Documents
Proposal documents may be obtained from Morongo Basin T ransit Authority electronically at www.mbtabus.com. Documents requested by mail shall be packaged and sent postage paid.

Documents requested by courier shall be packaged and sent only at the Proposers’ expense.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
26 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
9 IP 4. Proposal Security Requirements – None
IP 5. Pre-Proposal Meeting/Information for Proposers
A Pre-Proposal Meeting shall be held on Thursday, June 26, 2018. The meeting shall convene at the offices of Rutan & Tucker, MBTA General Counsel at 611 Anton Drive, Conference Room 14, 14th floor, Costa Mesa California . Prospective Proposers are urged to make every effort to attend this meeting.

Prospective Proposers are requested to submit written qu estions to the Contracting Officer, identified above, in advance of the Pre-Proposal Meeting. In addition, questions may be submitted up to the date specified in “Proposed Schedule for the Procurement.” Responses shall be shared with all prospective Propos ers. Prospective Proposers are reminded that any changes to the RFP shall be by written addenda only, and nothing stated at the Pre -Proposal Meeting shall change or qualify in any way any of the provisions in the RFP and shall not be binding on the Agency.

IP 6. Questions, Clarifications and Omissions
All correspondence, communication and contact in regard to any aspect of this solicitation or offers shall be only with the Contracting Officer identified above. Unless otherwise instructed by the Contracting Offic er, proposers and their representatives shall not make any contact with or communicate with any member of the Agency, or its employees and consultants, other than the designated Contracting Officer, in regard to any aspect of this solicitation or offers.

At any time during this procurement up to the time specified in “Proposed Schedule for the Procurement,” Proposers may request, in writing, a clarification or interpretation of any aspect, a change to any requirement of the RFP, or any addenda to the RFP. Requests may include suggested substitutes for specified items and for any brand names, which whenever used in this solicitation shall mean the brand name or approved equal. Such written requests shall be made to the Contracting Officer. The Proposer making the request shall be responsible for its proper delivery to the Agency as identified on the form Request for Pre -Offer Change or Approved Equal. Any request for a change to any requirement of the Contract documents must be fully supported with technical data, test results or other pertinent information showing evidence that the exception shall result in a condition equal to or better than that required by the RFP, without a substantial increase in cost or time requirements.

All responses to Request for Pre -Offer Change or Approved Equal shall be provided to all proposers. Any response that is not confirmed by a written addendum shall not be official or binding on the Agency.

If it should appear to a prospective Proposer that the performance of the Work under the Contract, or any of the matters relating thereto, is not sufficiently described or explained in the RFP or Contract documents, or that any conflict or discrepancy exists between different parts of the Contract or with any federal, state, local or Ag ency law, ordinance, rule, regulation or other Exhibit A - CALACT MBTA Contract No. 18-01 NF
27 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
10 standard or requirement, then the proposer shall submit a written request for clarification to the Agency within the time period specified above.

IP 7. Addenda to RFP
The Agency reserves the right to amend the RFP at any time in accordance with “Proposed Schedule for the Procurement.” Any amendments to the RFP shall be described in written addenda.

Notification of or the addenda also shall be distributed to all such prospective Proposers officially known to have received the RFP. Failure of any prospective proposer to receive the notification or addenda shall not relieve the Proposer from any obligation under the RFP therein. All addenda issued shall become part of the RFP. Prospective Proposers shall acknowledge the receipt of each individual addendum in their Proposals on the form Acknowledgement of Addenda. Failure to acknowledge in the Proposal receipt of addenda may at the Agency’s sole option disqualify the Proposal.

If the Agency determines that the addenda ma y require significant changes in the preparation of Proposals, the deadline for submitting the Proposals may be postponed no less than ten (10) days from the date of issuance of addenda or by the number of days that the Agency determines shall allow Proposers sufficient time to revise their Proposals. Any new Due Date shall be included in the addenda.

IP 8. DBE Requirements for Transit Vehicle Manufacturers Pursuant to Title 49, Code of Federal Regulations, Part 26.49, the Vehicle Manufacturer, as a condition of being authorized to respond to this solicitation, must certify by completing the form DBE Approval Certification that it has submitted a goal to the Federal Transportation Administration (FTA) and it has not been disapproved. In addition, TVMs are to submit to grantees a copy of their FTA approval letter along with the TVM certifications.

IP 9. Conditions, Exceptions, Reservations or Understandings Proposers are cautioned to limit exceptions, conditions and limitations to the provisions of this RFP, as they may be determined to be so fundamental as to cause rejection of the Proposal for not responding to the requirements of the RFP.

IP 10. Protest Procedures
All protests must be in writing, stating the name and address of protestor, a contact person, Contract number and title. Protests shall specify in detail the grounds of the protest and the facts supporting the protest.

IP 10.1 Address
All protests must be addressed as follows:
• Agency Contact: Mr. Joe Meer
• For U.S. Mail, special delivery or hand delivery:

Exhibit A - CALACT MBTA Contract No. 18-01 NF
28 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
11 Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
Protests not properly addressed to the address shown above may not be considered by the Agency.

Copies of the Agency’s protest procedures and the protest provisions of FTA Circular 4220.1F or its successor may be obtained from Mr. Joe Meer, Director of Cooperative Purchasing Programs, Morongo Basin Transit Authority, 62405 Verbena Road, Joshua Tree, CA 92252, 760-366-2986.

Proposals shall be opened and a Notice of Award shall be issued by the Agency in accordance with the Agency’s protest procedures and the protest provisions of FTA Circular 4220.1F or its successor.

IP 10.2 Pre-Proposal Protests
Pre-Proposal protests are protests based upon the content of the solicitation documents. Three copies of Pre -Proposal protests must be received by the Agency’s office no later than ten (10) calendar days after the RFP is first advertised. Protests shall be considered and either denied or sustained in part or in whole, in writing, in a manner that provides verifi cation of receipt, prior to the Due Date for Proposals. A written decision specifying the grounds for sustaining all or part of or denying the protest shall be transmitted to the protestor prior to the Due Date for Proposals in a manner than provides verification of receipt prior to the Due Date for Proposals. If the protest is sustained, the Proposal Due Date may be postponed and an addendum issued to the solicitation documents or, at the sole discretion of the Agency, the solicitation may be canceled. If the protest is denied, Proposals shall be received and opened on the scheduled date unless a protest is filed with FTA. See “FTA Review,” below.

IP 10.3 Protests on the Recommended Award
All proposers shall be notified of the recommended award. This notice shall be transmitted to each proposer at the address contained in its Proposal form in a manner that provides verification of receipt. Any Proposer whose Proposal has not lapsed may protest the recommended award on any ground not specified in “Pre -Proposal Protests,” above. Three (3) copies of a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest must be received by the Agency at the appropriate address in “Address,” above, no later than fifteen (15) calendar days after the date such notification is received. Prior to the issuing of the Notice of Award, a written decision stating the grounds for allowing or denying the protest shall be transmitted to the protestor and the proposer recommended for award in a manner that provides verification of receipt.

IP 10.4 FTA Review
After such administrative remedies have been exhausted, an interested party may file a protest with the Federal Transit Administration of the U.S. Department of Transportation or its desi gnee, in this case, Caltrans Department of Rail and Mass Transit pursuant to the procedures provided in the FTA C 4220.1F or its successor. FTA /CalTrans review is limited to the alleged failure of the Exhibit A - CALACT MBTA Contract No. 18-01 NF
29 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
12 Agency to have written protest procedures, the alleged failure of the Agency to follow those procedures, the alleged failure of the Agency to review a protest or the alleged violation of federal law or regulation.

IP 11. Preparation of Proposals
IP 11.1 Use of Proposal Forms
Proposers are advised that the forms contained in this RFP are required to be used for submission of a Proposal.

IP 11.2 Alternate and Multiple Proposals
A Proposer may submit multiple proposals. However, each proposal may only contain information for one vehicle. Proposers are expressly prohibited from subm itting a single proposal covering multiple vehicles.

IP 11.3 Proposal Format Requirements
Proposals shall be submitted in four separately sealed packages identified below. In this case, the contents of Package 1, Package 3 and Package 4 may be “combined” into a si ngle package and can be placed in a single binder. 3 ring binders to be used marked with Proposers name, Manufacturer and Line Item Proposed on cover and spine of folder. Each package shall be marked as specified below and shall contain all of the Proposa l documents for which the package is required to be marked and shall include no other documents. Package 2, Price Proposal Requirements, must be submitted separately in a marked sealed package . These same requirements shall apply to any Best and Final Offers (BAFOs) that may be requested.

Package 1: Technical Proposal Requirements

1. Letter of Transmittal

2. Acknowledgement of Addenda – CER 3

3. Contractor Service and Parts Support Data – CER 4. In addition, the Proposer should include a description of support resources available for the proposed vehicles. Include an overview of available training, parts locations and availability, help lines and service assistance resources. A Written Service Plan is to accompany CER 4.

4. Vehicle Questionnaire – CER 9

5. Manufacturing facilities plant layout including a narrative or list of the work being done at each station.

6. Typical delivery schedule from date of order placement

7. Warranty Provisions and Warranty Administration Plan. Each Proposer shall provide the proposed warranty for their vehicle and the major components. This information shall be submitted on the form provided for this purpose. In addition, the Proposer is to be submit a narrative on how warranties shall be handled, the forms, the process, etc.

8. Quality Assurance Procedures
Exhibit A - CALACT MBTA Contract No. 18-01 NF
30 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
13 Package 2: Price Proposal Requirements
Each Price Proposal shall be on the prescribed Proposal form(s) and shall be for the entire Contract, including all Proposal items.

1. Letter of Transmittal

2. Price Worksheet (including but not limited to s uch pricing elements as optional bus features). Note: Subject to the provisions of SP 4, Pricing, the selected Contractors shall agree to sell vehicle(s), including proposed optional equipment, at the same price and under the terms and conditions of this Agreement from the time of contract award to the expiration of the initial contract term. Contractors are prohibited from offering any parts credits, rebates, etc. following Contract award.

The Proposer is required to complete and execute the Agency’s Pricing Form, contained as part of the Proposal documents, and provide same in the Price Proposal. The Contractor shall be liable for payment of all local taxes applicable to the complete bus as delivered and should add these amounts to the Proposal price.

Package 3: Qualification Package Requirements

1. Pre-Award Evaluation Data Form - CER 6

2. If the Proposer is not the vehicle manufacturer, the Proposal must include a confirmation from the vehicle manufacture that the Proposer is a bona-fide authorized factory dealer for the manufacture of the vehicle.

3. A copy of the three (3) most recent financial statements of the Proposer audited by an independent third party. If the proposal is from a bus dealer, statements from the dealer and manufacturer are to be submitte d. Proposers may request that financial statements be furnished during the evaluation process prior to any recommendation of award is to be made.

4. Letter(s) for insurance, indicating the manufacturer and/or the Contractor’s ability to obtain the insurance coverage in accordance with the RFP requirements

5. Proposal Form – CER 1.9

6. All Federal certifications: Buy America Certification, Debarment and Suspension Certification for Prospective Contractor, Debarment and Suspension Certification (Lower- Tier Covered Tra nsaction), Non-Collusion Affidavit, Lobbying Certification, Certificate of Compliance with Bus Testing Requirement, DBE Approval Certification, and Federal Motor Vehicle Safety Standards. – CER 1.1 – 1.8

7. Copy of the FTA’s letter of the TVM’s DBE goal showing either approval of the DBE goal or not disapproval.

Package 4: Proprietary/Confidential Information Package Requirements The Proposer is directed to collect and submit any information it deems to be proprietary or confidential in nature in a separate ma rked and sealed package. If there is no confidential information, then the Proposer should include a statement to that effect. Subject package shall be submitted in accordance with the terms and conditions governing the submittal of proposer’s Exhibit A - CALACT MBTA Contract No. 18-01 NF
31 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

14 Proposal to this RFP. Blanket -type identification by designating whole pages or sections as containing proprietary information, trade secrets or confidential commercial and financial information shall not ensure confidentiality. The specific proprietary information, trade secrets or confidential commercial and financial information must be clearly identified as such.

The Proposer is advised that the Agency is public and as such may be subject to certain state and/or local Public Records Act provisions regarding the rel ease of information concerning this RFP. If a request is received by the Agency for the release of Proposer’s propriety/confidential information, subject request shall be referred to the Proposer for review and consideration. If Proposer chooses to declare the information proprietary/confidential and withhold it from release, it shall defend and hold harmless the Agency from any legal action arising from such a declaration.

IP 11.4 Agency Treatment of Proprietary/Confidential Information Access to government record s is governed by the laws of the State of California. Except as otherwise required to be disclosed by applicable State law, the Agency shall exempt from disclosure proprietary information identified in Package 4.

Upon a request for records from a third party regarding this Proposal, the Agency shall notify the Proposer in writing. The Proposer must respond within ten (10) business days with the identification of any and all “proprietary, trade secret, or confidential commercial or financial” information. Failure to respond within the allowed period shall be deemed an approval to release.

The proposer shall indemnify the Agency’s defense costs associated with its refusal to produce such identified information; otherwise, the requested information may be released.

The Agency shall employ sound business practices no less diligent than those used for the Agency’s own confidential information to protect the confidence of all licensed technology, software, documentation, drawings, schematics, manuals, data and other information and material provided by Proposers and the Contractor pursuant to the Contract that contain confidential commercial or financial information, trade secrets or proprietary information as defined in or pursuant to the California Law against disclosure of such information and material to third parties, except as permitted by the Contract. The Contractor shall be responsible for ensuring that confidential commercial or financial information, trade secrets or proprietary information — with such determinations to be made by the Agency in its sole discretion — bears appropriate notices relating to its confidential character.

IP 11.5 Signing of Proposal Forms
Proposals shall include firm name (and, in the event that the Proposer is a joint venture, the names of the individual firms comprising the joint venture); business address; and the name, title and business address of the responsible individual(s) with their telephone, facsimile (fax) numbers and email address who may be contacted during the Proposal evalu ation period for scheduling oral presentations and for receiving notices from the Agency. The proposer shall submit with their Proposal a copy of the joint venture agreement.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
32 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

15 Proposals shall be signed by those individual(s) authorized to bind the proposer. The proposer shall submit evidence of the official’s authority to act for and bind the Proposer in all matters relating to the Proposal. (In the event the Proposer is a joint venture or consortium, a representative of each of the members of the joint vent ure or consortium shall execute the Proposal. Each joint venture or consortium member is jointly and severally liable for the joint venture or consortium.) IP 11.6 Modification or Withdrawal of Proposals
A modification of a Proposal already received shall be acce pted by the Agency only if the modification is received prior to the Proposal Due Date, is specifically requested by the Agency, or is made with a requested BAFO. All modifications shall be made in writing and executed and submitted in the same form and manner as the original Proposal.

A Proposer may withdraw a Proposal already received prior to the Proposal Due Date by submitting to the Agency, in the same manner as the original Proposal, a written request for withdrawal executed by the Proposer’s authorized representative. After the Proposal Due Date, a Proposal may be withdrawn only if the Agency fails to award the Contract within the Proposal validity period prescribed in “Duration of the Validity of Proposals,” or any agreed-upon extension thereof. The withdrawal of a Proposal does not prejudice the right of a Proposer to submit another Proposal within the time set for receipt of Proposals.

IP 11.7 Cost of Proposal Development
This RFP does not commit the Agency to enter into a Contract, to pay any costs incurre d in the preparation or presentation of a Proposal, nor to procure or contract for the equipment.

IP 12. Proposal Evaluation, Negotiation and Selection
Proposals shall be evaluated, negotiated, selected and any award made in accordance with the criteria and procedures described below. The approach and procedures are those that are applicable to a competitive negotiated procurement whereby Proposals are evaluated to determine which Proposals are within a Competitive Range. Discussions and negotiations may then be carried out with Proposers within the Competitive Range, after which BAFOs may be requested.

However, the Agency may select a Proposal or Proposals for award without any discussions or negotiations or request for any BAFOs. Proposers are hereby notified that the selected firms are expressly prohibited from offering any rebates, parts credits and any other price discounts following contract award. Thus, the initial proposal should represent the “best offer.” Subject to the Agency’s right to reject any or a ll Proposals, the Proposer or Proposers whose Proposal or Proposals are found to be most advantageous to the Agency shall be selected, based upon consideration of the criteria of “Proposal Selection Process,” below.

IP 12.1 Confidentiality of Proposals
Proposals shall not be publicly opened. All Proposals and evaluations shall be kept strictly confidential throughout the evaluation, negotiation and selection process, except as otherwise Exhibit A - CALACT MBTA Contract No. 18-01 NF
33 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

16 required by applicable law. Only the members of the Selection Committee and Ev aluation Team and other Agency officials, employees and agents having a legitimate interest shall be provided access to the Proposals and evaluation results during this period.

IP 12.2 Duration of the Validity of Proposals
Proposals and subsequent offers shall be valid for the period stated in “Section 1: Notice of Request for Proposals.” The Agency may request Proposers to extend the period of time specified herein by written agreement between the Agency and the Proposer(s) concerned.

IP 12.3 Evaluation Committee
An Eval uation Committee, which shall include officers, employees and agents of the Agency and/or other participating agencies, shall be established. The Evaluation Committee shall carry out the detailed evaluations, including establishing the Competitive Range, c arrying out negotiations and making the selection of the Proposer, if any, that may be awarded the Contract.

The Evaluation Committee may report its recommendations and findings to the appropriate Agency individual or body responsible for awarding the Contract.

IP 12.4 Proposal Selection Process
The following describes the process by which Proposals shall be evaluated and a selection made for a potential award. Any such selection of a Proposal shall be made by consideration of only the criteria set forth below.
“Qualification Requirements” specifies the requirements for determining responsible Proposers, all of which must be met by a Proposer to be found qualified. Final determination of a Proposer’s qualification shall be made based upon all information received during the evaluation process and as a condition for award.
“Proposal Evaluation Criteria” contains all the evaluation criteria, and their relative order of importance, by which a Proposal from a qualified Proposer shall be considered for selection. An award, if made, shall be to responsible Proposer(s) for a Proposal that is found to be in the Agency’s best interests, based on price and other evaluation criteria considered. The procedures to be followed for these evaluations are provided in “Evaluation Procedures,” below.

Qualification Requirements
The following are the requirements for qualifying responsible proposers. All of these requirements should be met; therefore, they are not listed by any particular order of importance. Any Proposal that the Evaluation Committee finds not to meet these requirements, and cannot be made to meet these requirements, may be determined by the Evaluation Committee not to be responsible and the Proposal rejected. The requirements are as follows:

1. Sufficient financial strength, resources and capability to finance the Work to be performed and to complete the Contract in a satisfactory manner, as measured by the following:

Exhibit A - CALACT MBTA Contract No. 18-01 NF
34 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

17 2. Proposer’s financial statements prepared in accordance with generally accepted accounting principles of th e jurisdiction in which the proposer is located, and audited by an independent certified public accountant . If the proposal is from a bus dealer, statements from the dealer and manufacturer are to be submitted.
 Proposer’s ability to obtain required insuran ce with coverage values that meet minimum requirements evidenced by a letter from an underwriter confirming that the proposer can be insured for the required amount.

3. Evidence that the human and physical resources are sufficient to perform the Contract as specified and to ensure delivery of all equipment within the time specified in the Contract, to include the following:
 Engineering, management and service organizations with sufficient personnel and requisite disciplines, licenses, skills, experience and equipment to complete the Contract as required and to satisfy any engineering or service problems that may arise during the warranty period.
 Adequate manufacturing facilities sufficient to produce and factory -test equipment on schedule.
 A spare parts procu rement and distribution system sufficient to support equipment maintenance without delays and a service organization with skills, experience and equipment sufficient to perform all warranty and on-site Work.

4. Evidence that proposer is qualified in accordance with the provisions of “Section 8: Quality Assurance.”

5. Evidence of satisfactory performance and integrity on contracts in making deliveries on time, meeting specifications and warranty provisions, parts availability and steps Proposer took to resolve any judgments, liens, Fleet Defects history or warranty claims. Evidence shall be confirmed by client references.

Proposal Evaluation Criteria
The following are the complete criteria, listed by their relative degree of importance, by which Proposals from resp onsible Proposers shall be evaluated and ranked for the purposes of determining any Competitive Range and to make any selection of a ny Proposal for a potential award. Any exceptions, conditions, reservations or understandings explicitly, fully and separately stated on Form for Proposal Deviation, which do not cause the Agency to consider a Proposal to be outside the Competitive Range, shall be evaluated according to the respective evaluation criteria and sub-criteria that they affect.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
35 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

18 PASS-FAIL ELEMENTS
Category Scoring Method
Responsiveness requirements (Certificates and forms) Pass/Fail Vehicle Questionnaire (Products meets specifications) Pass/Fail

POINT ALLOCATION
Category Scoring Method
NON-COST FACTORS (60%)
Proposer Qualifications and Requirements:

Past Performance information gathered from
reference inquiries* 10 Points
Warranty Provisions and Warranty
Administration Plan* 10 Points
Customer Service, Parts Support, Service Plan 15 Points Proposer and Manufacturer Qualifications and
Experience 10 Points
Conformance with RFP specifications
15 Points
Total Non-Cost Factor Points 60 Points
COST FACTORS (40%)
Price Sheet- Base Models 25 Points
Price Sheet- Optional Features 15 Points
Total Cost Factor Points 40 Points
Total Possible Points 100 Points

*Provide list of last 5 agency deliveries made of the specific model proposed and all deliveries of the bus model proposed made over the last three years with contact information.

As noted, pricing will be scored on a basis of 40 points. The proposer’s price score will be calculated in the following manner:

Proposer Price Score = Lowest Price Proposed X Proposer’s Price Points Proposer's Cost
Exhibit A - CALACT MBTA Contract No. 18-01 NF
36 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

19 Under this formula, the proposer with the lowest proposed price f or the base model vehicle will receive 25 points. The other proposals will receive a proportionate share of points based on how much higher their proposed price is in relationship to the low proposed price. This same formula will be used to score the pricing for selected optional features.

IP 12.5 Evaluation Procedures
Proposals shall be analyzed for conformance with the instructions and requirements of the RFP and Contract documents. Proposals that do not comply with these instructions and do not include the required information may be rejected as insufficient or not be considered for the Competitive Range. The Agency reserves the right to request that a Proposer provide any missing information and make corrections. Proposers are advised that the detailed eval uation forms and procedures shall follow the same Proposal format and organization specified in “Preparation of Proposals.” Therefore, Proposers should pay close attention to and strictly follow all instructions. Submittal of a Proposal shall signify that the Proposer has accepted the whole of the Contract documents. Any such conditions, exceptions, reservations or understandings that do not result in the rejection of the Proposal are subject to evaluation under the criteria set forth in “Proposal Selection Process.” Evaluations shall be made in strict accordance with all of the evaluation criteria specified in “Proposal Selection Process,” above. The Agency shall choose the Proposal /s that it finds to be most advantageous to the Agency, based upon the evaluation criteria.

IP 12.6 Evaluations of Competitive Proposals

1. Qualification of responsible Proposers. Proposals shall be evaluated to determine the responsibility of proposers. A final determination of a Proposer’s responsibility shall be made upon the basis of ini tial information submitted in the Proposal, any information submitted upon request by the Agency, information submitted in a BAFO (if required) and information resulting from Agency inquiry of Proposer’s references and its own knowledge of the Proposer.

2. Detailed evaluation of Proposals and determination of Competitive Range. The Agency shall carry out and document its evaluations in accordance with the criteria and procedures set forth in “Proposal Selection Process.” Any Proposal deficiencies that may ren der a Proposal unacceptable shall be documented. The Agency shall make specific note of questions, issues, concerns and areas requiring clarification by Proposers and to be discussed in any meetings with Proposers that the Agency finds to be within the Competitive Range.

Rankings of the Proposals against the evaluation shall then be made for determining which Proposals are within the Competitive Range, or may reasonably be made to be within the Competitive Range.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
37 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

20 3. Proposals not within the Competitive Range. Proposers of any Proposals that have been determined by the Agency as not in the Competitive Range, and that cannot be reasonably made to be within the Competitive Range, shall be notified in accordance with the Agency’s policies.

4. Discussions with Propose rs in the Competitive Range. The Proposers whose Proposals are found by the Agency to be within the Competitive Range, or that may be reasonably made to be within the Competitive Range, shall be notified and any questions or requests for clarifications provided to them in writing. Each such Proposer may be invited for an interview and discussions with the Agency to discuss answers to written or oral questions, clarifications and any facet of its Proposal. In the event that interviews and discussions are he ld, these interviews and discussions may be scored.

MBTA reserves the right to accept proposals as submitted without conducting discussions.

No information, financial or otherwise, shall be provided to any Proposer about any of the Proposals from other P roposers, to the extent permitted by applicable law.

Proposers shall not be given a specific price or specific financial requirements they must meet to gain further consideration, except that proposed prices may be considered to be too high with respect to the marketplace or unacceptable. Proposers shall not be told of their rankings among the other Proposers prior to Contract award.

5. Factory and site visits. The Agency reserves the right to conduct factory visits of the Proposer’s facilities and/or the fac ilities of major sub -suppliers included in the Proposal.

6. Best and final offers. After all interviews, if any, have been completed, the Proposers in the Competitive Range may be afforded the opportunity to amend their Proposals and make their BAFOs. If MBTA decides to request a BAFO, the Request for BAFOs shall include the following:
 Notice that discussions and negotiations are concluded.  A complete listing of the conditions, exceptions, reservations or understandings that have been approved.
 A common date and time for submission of written BAFOs, allowing a reasonable opportunity for preparation of the written BAFOs.  Notice that if any modification to a BAFO is submitted, it must be received by the date and time specified for the receipt of BAFOs.  Notice to Proposers that do not submit a notice of withdrawal or a BAFO that their immediately previous Proposal shall be construed as their BAFO.

Any modification to the initial Proposal made by a Proposer in its BAFO shall be identified in its BAFO. BAFOs shall be evaluated by the Agency according to the same Exhibit A - CALACT MBTA Contract No. 18-01 NF
38 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

21 requirements and criteria as the initial Proposals, (“Proposal Selection Process”). The Agency shall make appropriate adjustments to the initial scores for any sub-criteria and criteria that have been affecte d by any Proposal modifications made by the BAFOs.

These final scores and rankings within each criterion shall again be arrayed by the Agency and considered according to the relative degrees of importance of the criteria defined in “Proposal Selection Process.”
The Agency shall then choose the Proposal(s) that it finds to be most advantageous to the Agency, based upon the evaluation criteria. The results of the evaluations and the selection of a Proposal (s) for any award shall be documented. In this instan ce, the Agency expects to award to multiple Proposers. Subsequent orders shall be placed following the Ordering Procedures outlined in Section 4, Special Provisions.

The Agency reserves the right to make an award to a Proposer (s) who’s Proposal(s) it judg es to be most advantageous to the Agency based upon the evaluation criteria, without conducting any written or oral discussions with any Proposers or solicitation of any BAFOs.

7. Debriefing. Subsequent to the award, the unsuccessful Proposers shall be notified and may request a debriefing. Proposers shall be debriefed in accordance with Agency policies, including information regarding the shortcomings of their Proposal.

IP 13. Response to Proposals
IP 13.1 Single Proposal Response
If only one Proposal is received in respon se to this RFP and it is found by the Agency to be acceptable, a price or cost analysis, or both, possibly including an audit, may be performed by or for the Agency. The Proposer has agreed to such analysis by submitting a Proposal in response to this RFP.

IP 13.2 Availability of Funds
Orders placed as a result of this procurement are subject to the availability of funding.

IP 13.3 Agency Contract Approval Process
Following completion of the evaluation process, firms being considered for award shall show compliance wit h the FTA Pre -Award Buy America requirements. Refusal to provide the required information shall result in the immediate elimination of the specific manufacturer(s) for award consideration. This required information is to include a copy of the electronic Bill of Materials showing all of the components of the “base vehicle.” The Bill of Materials is to show the component manufacturer name, the cost of each component and whether the item is foreign or meets Buy America requirements for being classified as “ domestic”.

Following the initial review, MBTA may require Buy America certifications from component suppliers to be provided. In addition, the same information is to be provided for all of the optional Exhibit A - CALACT MBTA Contract No. 18-01 NF
39 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
22 features. Once the Buy America Pre-Award audit is completed, MBTA and/or its reviewers shall return all provided information. Copies of the data shall not be kept.

Once compliance with the Buy America requirements is verified, the Agency shall prepare a written recommendation for contract award(s) to the recommended firm(s). This recommendation shall then be presented to the Board of Directors for approval.

IP 13.4 Agency Rights
The Agency reserves the right to cancel the procurement in whole or in part, at its sole discretion, at any time before the Contract is fully executed and approved on behalf of the Agency.

The Agency reserves the right to reject any or all Proposals, to undertake discussions with one or more Proposers, and to accept that Proposal or modified Proposal which, in its judgment, shall be most advantageous to the Agency, considering price and other evaluation criteria. The Agency reserves the right to determine any specific Proposal that is conditional or not prepared in accordance with the instructions and requirements of this RFP to be nonres ponsive. The Agency reserves the right to waive any Defects, or minor informalities or irregularities in any Proposal which do not materially affect the Proposal or prejudice other Proposers.

If there is any evidence indicating that two or more proposers a re in collusion to restrict competition or are otherwise engaged in anti -competitive practices, the Proposals of all such Proposers shall be rejected, and such evidence may be a cause for disqualification of the participants in any future solicitations undertaken by the Agency.

The Agency may reject a Proposal that includes unacceptable Deviations as provided in Form for Proposal Deviation.

IP 13.5 Execution of Contract
The acceptance of a Proposal for award, if made, shall be evidenced in writing by a notice of award of Contract delivered to those Proposers whose Proposal is accepted. Upon notice of award of the Contract to a Proposer, the Proposer shall commence performance under the Contract by furnishing copies of the certificates of insurance required to be procured by the Contractor pursuant to the Contract documents within thirty (30) calendar days after the date of receipt of the notice of award. Failure to fulfill these requirements within the specified time may be cause for termination of the Contract under “Termination for Default” in Section 3.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
40 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

23 IP 14. Conflicts of Interests and Gratuities
Proposers are prohibited from engaging in any practice that may be considered as a conflict of interests under existing Agency policies and/or state law, and to refrain from pa rticipating in any gifts, favors or other forms of compensation that may be viewed as a gratuity in accordance with existing policies and laws.

IP 15. Agency-Specific Provisions
IP 15.1 Purpose of the Solicitation
The purpose of this solicitation is to establish a multi -vendor contract for the purchase of public transportation vehicles. The requirement has been divided into multiple types of vehicles that shall be competed separately and assembled into a listing of vehicles af ter award. The selected contractors shall accept purchase orders directly from the users. Each purchase order shall incorporate the base contract and all terms and conditions. The intent is to reduce the cost and effort needed to order these vehicles in order to make the funds and equipment available to increase services available to transit organizations.

IP 15.2 Roles of the Parties for this Solicitation
The Morongo Basin Transit Authority (“MBTA”) , a member of the California Association for Coordinated Transportation (“CalACT”) , is the lead agency role for the joint procurement for Heavy Duty Transit Vehicles.

The specific roles and obligations of the MBTA and CalACT are described in detail in the Cooperative Purchasing Agreement entered into by the parties. For the purposes of this solicitation, the arrangement entered into by the MBTA and CalACT shall hereinafter be referred to as the “Cooperative.” As a general matter, MBTA staff, consultants, and counsel shall be responsible for the development of RFP solicitation documents, the technical product sp ecifications and the awarding of vehicle contracts on behalf of the Cooperative. After the vehicle contract is awarded, CalACT shall be responsible for providing participating agencies with the ordering instructions and forms required to insure compliant p urchasing, solicitation documentation required for the agency’s files, collecting fees, and the general administration of the vehicle contract. Participating Agencies must contact CalACT-MBTA to secure formal letters of assignment prior to execution of any orders.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
41 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

24 SECTION 3: GENERAL CONDITIONS
GC 1. Definitions
The following are definitions of special terms used in this document:

Agency: Morongo Basin Transit Authority (MBTA). Any contract modification involving the base contract shall be issued by MBTA. The term Agency shall also refer to any Agency which is a party to the joint procurement and that places a purchase order under the joint procurement.

Authorized Signer: The person who is executing this Contract on behalf of the Contractor and who is authorized to bind the Contractor.

Best And Final Offer (BAFO): The last Proposal made by a Proposer. If a BAFO is not specifically requested by the Agency, or if the Proposer does not promptly respond to a request for BAFO, then the most recent, current Proposal is the BAFO.

Class 1 Failure (physical safety): A failure that could lead directly to passenger or operator injury and represents a severe crash situation.

Class 2 Failure (road call): A failure resulting in an en route interruption of revenue service.

Service is discontinued until the bus is replaced or repaired at the point of failure.

Competitive Range: The range of proposals that are identified as the most highly rated, unless the range is further reduced for purposes of efficiency.

Contract: The Prop osal and its acceptance by the Agency as manifested by the Contract documents specified in “Section 10: Contract.”
Contracting Officer: The person who is executing this Contract on behalf of the Agency and who has complete and final authority except as lim ited herein. For this solicitation, the Contracting Officer prior to Contract award is the authorized representative of MBTA. The Contracting Officer for administration of the contract following Contract award is the authorized representative of CalACT. Each order placed shall also designate a Contracting Officer for the Agency placing the order.

Contractor: The successful Proposer (s) who is awarded a Contract for providing buses and equipment described in the Contract documents.

Cooperative: Term used to describe the relationship between MBTA and CalACT for the establishment of the joint procurement.

Days: Unless otherwise stated, “days” shall mean calendar days.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
42 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

25 Defect: Patent or latent malfunction or failure in manufacture, installation or design of any component or subsystem.

Deviation: Variance from a requirement or specification that does no t alter the basis of a contract or adversely affects its performance.

Due Date: The date and time by which Proposals must be received by the Agency as specified in “Section 1: Notice of Request for Proposals.”
Extended Warranty: A warranty available for purchase above the standard warranty.

Fatigue Failure (Corrosion Fatigue): The mechanical degradation of a material under the joint action of corrosion and cyclic loading.

Joint Procurement : An arrangement between multiple local government entit ies and /or CalTrans or its subrecipients with multiple vendors to provide specific property or services in the future at established prices. In this case, the specific property includes heavy duty transit vehicles.

Ordering Agency: Term for the agency that shall be purchasing vehicles from the joint procurement. In this case, an agency must be a listed member of the joint procurement shown in Appendix F.

Pass-Through Warranty: A warranty provided by the Contractor but administered directly with the component Supplier.

Proposal: A promise, if accepted, to deliver equipment and services according to the underlying solicitation of the Agency documented using the prescribed form in the solicitation, including any Proposal or BAFO.

Proposer: A legal entity that makes a Proposal. For this solicitation, the Proposer may be a vehicle manufacturer or a dealer representing a vehicle manufacturer.

Related Defect: Damage inflicted on any component or subsystem as a direct result of a separate Defect.

Solicitation: Agency’s request for proposals.

Superior Warranty: A warranty still in effect after all contractually required warranties have expired. The remaining warranty is administered directly between the sub -Supplier and the Agency.

Supplier: Any manufacturer, company or Agency providing units, components or subassemblies for inclusion in the bus that is installed by the Contractor. Supplier items shall Exhibit A - CALACT MBTA Contract No. 18-01 NF
43 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

26 require qualification by type and acceptance tests in accordance with requirements defined in “Section 8: Quality Assurance.”
Subcontractor: Any manufacturer, company or Agency providing units, components or subassemblies for inclusion in the bus that is installed by a Subcontractor. Subcontractor items shall require qualification by type and acceptance tests in accordance with requirements defined in “Section 8: Quality Assurance.”
Work: Any and all labor, supervision, se rvices, materials, machinery, equipment, tools, supplies and facilities called for by the Contract and necessary to the completion thereof.

GC 2. Materials and Workmanship
The Contractor shall be responsible for all materials and workmanship in the constructio n of the bus and all accessories used, whether the same are manufactured by the Contractor or purchased from a Supplier. This provision excludes any equipment leased or supplied by the Agency, except insofar as such equipment is damaged by the failure of a part or component for which the Contractor is responsible, or except insofar as the damage to such equipment is caused by the Contractor during the manufacture of the buses.

GC 3. Conformance with Specifications and Drawings
Materials furnished and Work perfo rmed by the Contractor shall conform to the requirements of the Technical Specifications and other Contract documents. Notwithstanding the provision of drawings, technical specifications or other data by the Agency, the Contractor shall have the responsibility of supplying all parts and details required to make the bus complete and ready for service even though such details may not be specifically mentioned in the drawings and specifications. Items that are installed by the Agency shall not be the responsib ility of the Contractor unless they are included in this Contract.

GC 4. Inspection, Testing and Acceptance
GC 4.1 General
The pre-delivery tests and inspections shall be performed at the Contractor’s plant; they shall be performed in accordance with the procedures defined in “Section 8: Quality Assurance”; and they may be witnessed by the resident inspector. When a bus passes these tests and inspections, the resident inspector, if one is present, shall authorize release of the bus.

Within fifteen (15) calendar days af ter arrival at the designated point of delivery, the bus shall undergo the Agency tests defined in “Post -Delivery Tests.” If the bus passes these tests or if the Agency does not notify the Contractor of non -acceptance within 15 calendar days after delivery , then acceptance of the bus by the Agency occurs on the 15th day after delivery. If the bus fails these tests, it shall not be accepted until the repair procedures defined in “Repairs after Nonacceptance” have been carried out and the bus retested until i t passes. Acceptance occurs Exhibit A - CALACT MBTA Contract No. 18-01 NF
44 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

27 earlier if the Agency notifies the Contractor of early acceptance or places the bus in revenue service.

GC 4.2 Risk of Loss
The Agency shall assume risk of loss of the bus on delivery, as defined in “Bus Delivery.” Prior to this delivery, the Contractor shall have risk of loss of the bus, including any damages sustained during the delivery regardless of the status of title or any payments related to the bus. If the vehicle is driven to the designated point of delivery, drivers shall k eep a maintenance log en route, and it shall be delivered to the Agency with the bus. If the bus is released back to the Contractor for any reason, the Contractor has the risk of loss upon such release.

GC 5. Title and Warranty of Title
Adequate documents for registering the bus in California shall be provided to the Contractor not less than ten (10) business days before delivery to the Agency. Sales and Use taxes to be paid by Contractor and reflected in its quotes and invoices to the ordering agencies. Contractor understands that ADA equipment installed on the vehicle is tax exempt and will reflect this in its quotes and invoices to the ordering agencies. Upon acceptance of each bus, the Contractor registers the vehicle and warrants that the title shall pass to the Agency free and clear of all encumbrances. See Appendix "D " for additional information on ADA equipment that is exempt for Sales or Use Tax. Upon acceptance of each bus, the Contractor registers the vehicle and warrants that the title shall pass to the Agency free and clear of all encumbrances.

GC 6. Intellectual Property Warranty
The Agency shall advise the Contractor of any impending patent suit related to this Contract against the Agency and provide all information available. The Contractor shall defend any suit or proceeding brought against the Agency based on a claim that any equipment, or any part thereof, furnished under this Contract constitutes an infringement of any patent, and the Contractor shall pay all damages and costs awarded therein, exclud ing incidental and consequential damages, against the Agency. In case said equipment, or any part thereof, is in such suit held to constitute infringement and use of said equipment or parts is enjoined, the Contractor shall, at its own expense and at its option, either procure for the Agency the right to continue using said equipment or part, or replace same with non-infringing equipment, or modify it so it becomes non-infringing.

The Contractor’s obligations under this section are discharged and the Agency shall hold the Contractor harmless with respect to the equipment or part if it was specified by the Agency and all requests for substitutes were rejected, and the Contractor advised the Agency under “Questions, Clarifications and Omissions” of a potential infringement, in which case the Contractor shall be held harmless.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
45 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

28 GC 7. Data Rights
GC 7.1 Proprietary Rights/Rights in Data
The term “subject data” used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be deliv ered under the Contract. It includes the proprietary rights of the following:
• Shop drawings and working drawings
• Technical data including manuals or instruction materials, computer or microprocessor software
• Patented materials, equipment, devices or processes
• License requirements
The Agency shall protect proprietary information provided by the Contractor to the fullest extent of the law. The Contractor shall grant a non-exclusive license to allow the Agency to utilize such information in order to maintain the vehicles. In the event that the Contractor no longer provides the information the Agency has the right to reverse engineer patented parts and software.

The Agency reserves a royalty-free, non-exclusive and irrevocable license to the abovementioned subject data for the sole purpose of operating and maintaining the buses. The Contractor agrees to include the requirements of this clause, modified as necessary to identify the affected parties, in each subcontract and supply order placed under the Contract.

GC 7.2 Access to Onboard Operational Data
The Agency grants to the Contractor the right to inspect, examine, download, and otherwise obtain any information or data available from components provided by the Contractor, including, but not limited to, any electronic control modules or other data-collection devices, to the extent necessary to enable Contractor to perform reliability maintenance analysis, corrective action and/or other engineering type Work for the bus. This right expressly excludes access to informa tion or data collected on any equipment not provided and installed by the Contractor.

GC 8. Changes
GC 8.1 Contractor Changes
Any proposed change in this Contract shall be submitted to the Agency for its prior approval. Oral change orders are not permitted. No change in this Contract shall be made without the prior written approval of the Contracting Officer. The Contractor shall be liable for all costs resulting from, and/or for satisfactorily correcting, any specification change not properly ordered by written modification to the Contract and signed by the Contracting Officer.

GC 8.2 Agency Changes
The Agency may obtain changes to the Contract by notifying the Contractor in writing. As soon as reasonably possible but no later than thirty (30) calendar days after receipt of the written change order to modify the Contract, the Contractor shall submit to the Contracting Officer a detailed price Exhibit A - CALACT MBTA Contract No. 18-01 NF
46 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

29 and schedule Proposal for the Work to be performed. This Proposal shall be accepted or modified by negotiations between the Contractor an d the Contracting Officer. At that time, a detailed modification shall be executed in writing by both parties. Disagreements that cannot be resolved within negotiations shall be resolved in accordance with “Disputes,” below. Regardless of any disputes, the Contractor shall proceed with the Work ordered.

GC 9. Legal Clauses
GC 9.1 Indemnification
GC 9.1.1 The Contractor shall, to the extent permitted by law: (1) protect, indemnify and save the Agency and its officers, employees and agents, including consultants, harmles s from and against any and all liabilities, damages, claims, demands, liens, encumbrances, judgments, awards, losses, costs, expenses and suits or actions or proceedings, including reasonable expenses, costs and attorneys’ fees incurred by the Agency and i ts officers, employees and agents, including consultants, in the defense, settlement or satisfaction thereof, for any injury, death, loss or damage to persons or property of any kind whatsoever, arising out of or resulting from the intentional misconduct o r negligent acts, errors or omissions of the Contractor in the performance of the Contract, including intentional misconduct, negligent acts, errors or omissions of its officers, employees, servants, agents, Subcontractors and Suppliers; and (2) upon recei pt of notice and if given authority, shall settle at its own expense or undertake at its own expense the defense of any such suit, action or proceeding, including appeals, against the Agency and its officers, employees and agents, including consultants, relating to such injury, death, loss or damage. Each party shall promptly notify the other in writing of the notice or assertion of such claim, demand, lien, encumbrance, judgment, award, suit, action or other proceeding hereunder. The Contractor shall have sole charge and direction of the defense of such suit, action or proceeding. The Agency shall not make any admission that might be materially prejudicial to the Contractor unless the Contractor has failed to take over the conduct of any negotiations or def ense within a reasonable time after receipt of the notice and authority above provided. The Agency shall at the request of the Contractor furnish to the Contractor all reasonable assistance that may be necessary for the purpose of defending such suit, acti on or proceeding, and shall be repaid all reasonable costs incurred in doing so. The Agency shall have the right to be represented therein by advisory council of its own selection at its own expense.

GC 9.1.2 The obligations of the Contractor under the abo ve paragraph shall not extend to circumstances where the injury, death or damages are caused solely by the negligent acts, errors or omissions of the Agency, its officers, employees, agents or consultants, including, without limitation, negligence in: (1) the preparation of the Contract documents, or (2) the giving of directions or instructions with respect to the requirements of the Contract by written order. The obligations of the Contractor shall not extend to circumstances where the injury, death or damages are caused, in whole or in part, by the negligence of any third -party operator, not including an assignee or Subcontractor of the Contractor, subject to the right of contribution. In case of joint or concurrent negligence of the parties giving rise to a claim or loss against either one or both, each shall have full rights of contribution from the other.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
47 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

30 GC 9.2 Suspension of Work
GC 9.2.1. The Agency may at any time and for any reason within its sole discretion issue a written order to the Contractor suspending, delayi ng or interrupting all or any part of the Work for a specified period of time.

GC 9.2.2. The Contractor shall comply immediately with any such written order and take all reasonable steps to minimize costs allocable to the Work covered by the suspension during the period of work stoppage. Contractor shall continue the Work that is not included in the suspension and shall continue such ancillary activities as are not suspended. The Contractor shall resume performance of the suspended Work upon expiration of the notice of suspension, or upon direction from the Agency.

GC 9.2.3. The Contractor shall be allowed an equitable adjustment in the Contract price (excluding profit) and/or an extension of the Contract time, to the extent that cost or delays are shown by the Contractor to b e directly attributable to any suspension. However, no adjustment shall be made under this section for any suspension, delay or interruption due to the fault or negligence of the Contractor, or for which an equitable adjustment is provided for, or excluded under any other term or condition of the Contract. As soon as reasonably possible but no later than forty-five (45) calendar days, or any other period of time agreed to by the parties, after receipt of the written suspension of work notice, the Contractor shall submit to the Contracting Officer a detailed price and schedule Proposal for the suspension, delay or interruption.

GC 9.3 Excusable Delays/Force Majeure
GC 9.3.1. If the Contractor is delayed at any time during the progress of the Work by the neglect or failure of the Agency or by a cause as described below, then the time for completion and/or affected delivery date(s) shall be extended by the Agency subject to the following cumulative conditions:
a. The cause of the delay arises after the Notice of Award and neither w as nor could have been anticipated by the Contractor by reasonable investigation before such award. Such cause may also include force majeure events such as any event or circumstance beyond the reasonable control of the Contractor, including but not limited to acts of God; earthquake, flood and any other natural disaster; civil disturbance, strikes and labor disputes; fires and explosions; war and other hostilities; embargo; or failure of third parties, including Suppliers or Subcontractors, to perform their obligations to the Contractor; b. The Contractor demonstrates that the completion of the Work and/or any affected deliveries shall be actually and necessarily delayed;
c. The Contractor has taken measures to avoid and/or mitigate the delay by the exercise of all reasonable precautions, efforts and measures, whether before or after the occurrence of the cause of delay; and
d. The Contractor makes written request and provides other information to the Agency as described in GC 9.3.4 below.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
48 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

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

GC 9.3.2. None of the above shall relieve the Contractor of any liabili ty for the payment of any liquidated damages owing from a failure to complete the Work by the time for completion that the Contractor is required to pay pursuant to “Liquidated Damages for Late Delivery of the Bus” for delays occurring prior to, or subsequent to the occurrence of an excusable delay.

GC 9.3.3. The Agency reserves the right to rescind or shorten any extension previously granted, if subsequently the Agency determines that any information provided by Contractor in support of a request for an extension of time was erroneous; provided, however, that such information or facts, if known, would have resulted in a denial of the request for an excusable delay.

Notwithstanding the above, the Agency shall not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor.

GC 9.3.4. No extension or adjustment of time shall be granted unless: (1) written notice of the delay is filed with the Agency within fourteen (14) calendar days after the commencement of the delay and (2) a written application therefore, stating in reasonable detail the causes, the effect to date and the probable future effect on the performance of the Contractor under the Contract, and the portion or portions of the Work affected, is filed by the Contractor with the Agency within thirty (30) calendar days after the commencement of the delay. No such extensi on or adjustment shall be deemed a waiver of the rights of either party under this Contract. The Agency shall make its determination within thirty (30) calendar days after receipt of the application.

GC 9.4 Termination
GC 9.4.1. Termination for Convenience
The performance of Work under this Contract may be terminated by the Agency in accordance with this clause in whole, or from time to time in part, whenever the contracting officer shall determine that such termination is in the best interest of the Agency. Any such termi nation shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of Work under the Contract is terminated, and the date upon which such termination becomes effective.

After receipt of a notice of termination, and except as otherwise directed by the Contracting Officer, the Contractor shall do the following:
• Stop Work under the Contract on the date and to the extent specified in the notice of termination.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
49 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

32 • Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the Work under the Contract as is not terminated.
• Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; assign to the Agency in the manner, at the times, and to the extent directed by the Contracting Officer, all of the right, title and interest of the Contractor under the orders and subcontracts so terminated, in which case the Agency shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.
• Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Contracting Officer, to the extent he or she may require, which approval or ratification shall be final for all the purposes of this clause.
• Transfer title to the Agency and deliver in the manner, at the times and to the extent, if any, directed by the Contracting Officer the fabricated or unfabricated parts, Work in process, completed Work, supplies and other material produced as part of, or acquired in connection with the performance of, the Work terminated, and t he completed or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the Agency. • Use its best efforts to sell, in the manner, at the times, to the extent, and at the price(s) directed or authorized by the Contracting Officer, any property of the types referred to above, provided, however, that the Contractor shall not be required to extend credit to any purchaser, and may acquire any such property under the conditions prescribed by and at a price(s) approved by the Contracting Officer, and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the Agency to the Contractor under this Contract or shall otherwise be credited to the price or cost of the Work covered by this Contract or paid in such other manner as the Contracting Officer may direct.
• Complete performance of such part of the Work as shall not have been terminated by the notice of termination.
• Take such action as may be necessary, or as the Contracting Officer may direct, for the protection or preservation of the property related to this Contract that is in the possession of the Contractor and in which the Agency has or may acquire an 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. Sett lement of claims by the Contractor under this termination for convenience clause shall be in accordance with the provisions set forth in Part 49 of the Federal Acquisition Regulations (48 CFR 49) except that wherever the word “Government” appears, it shall be deleted and the word “Agency” shall be substituted in lieu thereof.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
50 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

33 GC 9.4.2. Termination for Default
The Agency may, by written notice of default to the Contractor, terminate the whole or any part of this Contract if the Contractor fails to make delivery of the supplies or to perform the services within the time specified herein or any extension thereof; or if the Contractor fails to perform any of the other material provisions of the Contract, or so fails to make progress as to endanger performance of this Contract in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of ten (10) business days, or such longer period as the Contracting Officer may authorize in writing, after receipt of notice from the Contracting Officer specifying such failure.

If the Contract is terminated in whole or in part for default, the Agency may procure, upon such terms and in such manner as the Contracting Officer may deem appropriate, supplies or services similar to those so t erminated. The Contractor shall be liable to the Agency for any excess costs for such similar supplies or services, and shall continue the performance of this Contract to the extent not terminated under the provisions of this clause.

Except with respect to defaults of Subcontractors, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises out of a cause beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a Subcontractor, and if such default arises out of causes beyond the control of both the Contractor and Subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the Subcontractor were obtainable from other sources and in sufficient time to permit the Contractor to meet the required delivery schedule.

Payment for completed supplies delivered to and accepted by the Agency shall be at the Contract price. The Agency may withhold from amounts otherwise due the Contractor for such completed supplies such sum as the Contracting Officer determines to be necessary to protect the Agency against loss because of outstanding liens or claims of former lien holders.

If, after notice of termination of this Contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, or that the default was excusable under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to termination for convenience of the Agency.

GC 9.5 Compliance with Laws and Regulations
Contractor shall at all times comply with all applicable laws, regulations, policies, procedures and directives (together, the “Law”), including without limitation, FTA regulations, policies, procedures and directives, including those listed directly or by reference in the agreement between the Agency and FTA that funds any part of this Contract, as they may be amended or promulgated from time to time during the term of this Contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
51 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

34 GC 9.6 Changes of Law
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 an d the final Contract price shall be adjusted upwards or downwards to reflect such changes in Law. Such price adjustment may be audited, where required.

GC 9.7 Governing Law and Choice of Forum
This Contract shall be governed by the laws of State of California without regard to conflict of law rules. The Contractor consents to the jurisdiction of the identified State and the County where the Agency purchasing the Vehicles is located.

GC 9.8 Disputes
Except as otherwise provided in this Contract, any dispute concerning a q uestion of fact arising under or related to this Contract that is not disposed of by agreement shall be decided in accordance with the following steps. However, by mutual agreement the matter may be taken immediately to any higher step in the dispute resol ution process, or mutually agreed to alternative dispute resolution process (which may include structured negotiations, mediation or arbitration) or litigation. Pending final resolution of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Contracting Officer’s or Chief Executive Officer’s decision, as the case may be.

1. Notice of dispute. All disputes shall be initiated through a written dispute notice submitted by either party to the other party within 10 (ten) calendar days of the determination of the dispute.

2. Negotiation between contracting officers. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Contract promptly by negotiat ion between the designated Contracting Officer of the Agency ordering the vehicles and the Contractor’s executives who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal cou rse of business as provided in (1) above. Within 14 (fourteen) calendar days after delivery of the dispute notice, the receiving party shall submit to the other party a written response. The dispute notice and written response shall include: (a) a statemen t of the party’s position and a summary of the arguments supporting that position, (b) any evidence supporting the party’s position and (c) the name of the executive who shall represent that party and of any others who shall accompany the executive in negotiations. Within 28 (twenty-eight) calendar days after delivery of the dispute notice, the Contracting Officer of both parties shall meet at a mutually acceptable time and place, and thereafter as they reasonably deem necessary to attempt to resolve the dispute. All reasonable requests for information by one party to the other shall be honored.

If the matter has not been resolved by these people within 42 (forty-two) calendar days of the dispute notice, the dispute may be referred to more senior executives of both parties Exhibit A - CALACT MBTA Contract No. 18-01 NF
52 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

35 who have authority to settle the dispute and who shall likewise meet to attempt to resolve the dispute.

GC 9.9 Maintenance of Records; Access by Agency; Right to Audit Records In accordance with 49 CFR § 18.36(i), 49 CFR § 19.48(d), and 49 USC § 5325(a), provided the Agency is the FTA recipient or a sub-grantee of the FTA recipient, the Contractor agrees to provide the Agency, FTA, the Comptroller General of the United States, the Secretary of the U.S.

Department of Transportation, the State of Ca lifornia or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor that are directly pertinent to or relate to this Contract (1) for the purpose of making audits, examinations, excerpts and transcriptions and (2) when conducting an audit and inspection.

1. In the event of a sole source Contract, single Proposal, single responsive Proposal, or competitive negotiated procurement, the Contractor shall maintain and the Contracting Officer, the U.S. Department of Transportation (if applicable) or the representatives thereof shall have the right to examine all books, records, documents and other cost and pricing data related to the Contract price, unless such pricing is based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, or combinations thereof. Data related to the negotiation or performance of the Contract shall be made available for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data.

The right of examination shall extend to all documents necessary for adequate evaluation of the cost or pricing data, along with the computations and projections us ed therein, including review of accounting principles and practices that reflect properly all direct and indirect costs anticipated for the performance of the Contract.

2. For Contract modifications or change orders the Contracting Officer, the U.S. Department of Transportation, if applicable, or their representatives shall have the right to examine all books, records, documents and other cost and pricing data related to a Contract modification, unless such pricing is based on adequate price competition, estab lished catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, or combinations thereof. Data related to the negotiation or performance of the Contract modification or change order shall be made available for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data.

The right of examination shall extend to all documents necessary for adequate evaluation of the cost or pricing data, along with the computations and projections used therein, either before or after execution of the Contract modification or change order for the purpose of conducting a cost analysis. If an examination made after execution of the Contract modification or change order reveals i naccurate, incomplete or out -of-date data, the Contracting Officer may renegotiate the Contract modification or change order price adjustment, and the Agency shall be entitled to any reductions in the price that would result from the application of accurate, complete or up-to-date data.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
53 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

36 The requirements of this section are in addition to other audit, inspection and record - keeping provisions specified elsewhere in the Contract documents.

GC 9.10 Confidential Information
Access to government records is governed by t he statutes of the State of California. Except as otherwise required by the statutes of the State of California, the Agency shall exempt from disclosure proprietary information, trade secrets and confidential commercial and financial information submitted or disclosed during the Contract period. Any such proprietary information, trade secrets or confidential commercial and financial information that a Contractor believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket- type identification by designating whole pages or sections as containing proprietary information, trade secrets or confidential commercial and financial information shall not ensure confidentiality.

The specific proprietary information, trade secr ets or confidential commercial and financial information must be clearly identified as such.

Upon a request for records from a third party regarding the Contract, the Agency shall notify the Contractor in writing. The Contractor must respond within twenty (20) days with the identification of any and all “proprietary, trade secret or confidential commercial or financial” information, and the Contractor shall indemnify the Agency’s defense costs associated with its refusal to produce such identified information; otherwise, the requested information may be released.

The Agency shall employ sound business practices no less diligent than those used for the Agency’s own confidential information to protect the confidence of all licensed technology, software, documentation, drawings, schematics, manuals, data and other information and material provided by the Contractor pursuant to the Contract that contain confidential commercial or financial information, trade secrets or proprietary information as defined in or pur suant to the statutes of the State of California against disclosure of such information and material to third parties except as permitted by the Contract. The Contractor shall be responsible for ensuring that confidential commercial or financial informatio n, trade secrets or proprietary information, with such determinations to be made by the Agency in its sole discretion, bears appropriate notices relating to its confidential character.

During the performance of the Work under the Contract, it may be necess ary for either party (the “Discloser”) to make confidential information available to the other party (the “Recipient”). The Recipient agrees to use all such information solely for the performance of the Work under the Contract and to hold all such information in confidence and not to disclose same to any third party without the prior written consent of the Discloser. Likewise, the Recipient agrees that all information developed in connection with the Work under the Contract shall be used solely for the performance of the Work under the Contract, and shall be held in confidence and not disclosed to any third party without the prior written consent of the Discloser.

This Confidentiality section shall survive the termination or expiration of the Contract.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
54 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

37 GC 9.11 Conflicts of Interest, Gratuities
No member, officer, or employee of the Agency or of a local public body during his or her tenure, or one year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof.

GC 9.12 General Nondiscrimination Clause
In connection with the performance of Work provided for under this Contract, the Contractor agrees that it shall not, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, medical condition, marital status, sex, sexual orientation or age, discriminate or permit discrimination against any person or group of people in any manner prohibited by federal, state or local laws.

GC 9.13 Amendment and Waiver
GC 9.13.1. Amendment
Any modification or amendment of any provisions of any of the Contract documents shall be effective only if in writing, signed by authorized representatives of both the Agency and Contractor, and specifically referencing this Contract.

GC 9.13.2. Waiver
In the event that either party elects to waive its remedies fo r any breach by the other party of any covenant, term or condition of this Contract, such waiver shall not limit the waiving party’s remedies for any succeeding breach of that or of any other term, covenant or condition of this Contract.

GC 9.14 Remedies not Exclusive
The rights and remedies of the Agency provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Contract.

GC 9.15 Counterparts
This Contract may be executed in any number of counterparts. All such counterparts shall be deemed to constitute one and the same instrument, and each of said counterparts shall be deemed an original thereof.

GC 9.16 Severability
Whenever possible, each provision of the Contract shall be interpreted in a manner as to be effective and valid under applicable law. However, if any provision, or part of any provision, should be prohibited or invalid under applicable law, such provision, or part of such provision, shall be ineffective to the extent of such prohibition or invalidity withou t invalidating the remainder of such provision or the remaining provisions of the Contract.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
55 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

38 GC 9.17 Third-Party Beneficiaries
No provisions of the Contract shall in any way inure to the benefit of any third party, including the public at large, so as to constitute such person a third-party beneficiary of the Contract or of any one or more of the terms and conditions of t he Contract or otherwise give rise to any cause of action in any person not a party to the Contract, except as expressly provided elsewhere in the Contract.

GC 9.18 Assignment of Contract
Neither party shall assign or subcontract its rights nor obligations under the Contract without prior written permission of the other party, and no such assignment or subcontract shall be effective until approved in writing by the other party. Independent Parties The Contractor is an independent contractor with respect to the performance of all Work hereunder, retaining control over the detail of its own operations, and the Contractor shall not be considered the agent, employee, partner, fiduciary or trustee of the Agency.

GC 9.19 Survival
The following sections shall survive the nominal expiration or discharge of other Contract obligations, and the Agency may obtain any remedy under law, Contract or equity to enforce the obligations of the Contractor that survive the manufacturing, warranty and final payment periods:
• “Intellectual Property Warranty”
• “Data Rights”
• “Indemnification”
• “Governing Law and Choice of Forum”
• “Disputes”
• “Confidential Information”
• “Parts Availability Guarantee”
• “Access to Records”
• “Training”

Exhibit A - CALACT MBTA Contract No. 18-01 NF
56 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

39 GC 10. Agency-Specific Provisions – Not Used
Exhibit A - CALACT MBTA Contract No. 18-01 NF
57 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

40 SECTION 4: SPECIAL PROVISIONS
SP 1. Authorization to Use the Joint Procurement Contract The use of the Joint Procurement cont ract shall be restricted to the agencies listed in Appendix “C” which includes publicly funded transit agencies, city transit systems, other governmental agencies or non-profit organizations performing governmental services.

SP 2. Assignability
MBTA reserves the right to assign the ability to use the contract to any other gr antees of FTA funds in accordance with FTA Circular 4220.1F or successor circulars. A letter of Assignment shall be issued by either MBTA or by CalACT acting for MBTA under the terms of their Cooperative Purchasing Contract. MBTA reserves the right to with hold assignments at its unilateral discretion. The maximum quantity of buses that shall be authorized to any Agency each contract year shall be fifteen (15) vehicles. Each Assignment shall be valid for a one-year period.

SP 3. Period of Performance
The initial period of performance shall be two (2) years. MBTA shall have the right to extend the period of performance for three (3) one-year options. The three (3) one-year option periods are a unilateral right that shall not be refused by the Contractor. Subject to the Agency’s right to order modifications, the Option Vehicles shall have the same specifications as the vehicles purchased under the initial Contract. The Agency may exercise the Options by written notice to the Contractor (“Notice of Exercise of Option”) at least ninety (90) days prior to the expiration of the initial period of performance.

In the event that these option is exercised, the pricing for each option period shall be establis hed per the provisions of SP 5.2, Vehicle and Optional Feature Pricing for Option Periods.

SP 4. Procurement Fee
A procurement fee of 1% of total pre-tax price per vehicle, up to $20,000 per transaction shall be paid by the Contractor(s) to the Cooperative each month based on activity on this contract. This fee shall be shown as a separate line item on the invoice to the Agency ordering the vehicles. The fee is to be collected by the contractor for the convenience of the purchasing agencies, remitted as a pass thru cost and not to be considered a part of the cost of produ cing the bus and therefore not subject to sales tax. It shall be payable to the Cooperative within forty five (45) days of delivery to agencies. Contractors shall also supply monthly activity reports showing all orders and payments to the Cooperative. This activity may be audited. The Cooperative may charge interest for late payment if payment is delayed more than ten (10) days after the payment Due Date set forth above. Interest will be charged at a rate of 10% of the procurement fee that is due. MBTA reserves the right to unilaterally revise these fees at any time by giving written notice to the contractor.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
58 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

41 Failure to report shall also be seen as failure to perform the contract and may lead to corrective action up to and including Termination for Default.

SP 5. Pricing
SP 5.1 Price Validity for the Initial Contract Term
Contractor agrees to sell vehicle(s), including proposed optional equipment, at the same price and under the terms and conditions of this Agreement from the time of contract award to the expiration of the initial contract term. By submittal and acceptance of its pricing, the Contractor also agrees to provide any of the listed optional features at the listed pricing for the initial two-year contract term.

SP 5.2 Vehicle and Optional Feature Pricing for Option Periods Subject to the provisions of SP 5.4 Price Adjustments, the price of the vehicles and of the optional features for each option period shall be the unit price established in the initial contract adjusted by multiplying the Base Order Price by the following fraction:

Preliminary Index Number on Month Prior to Notice of Exercise of Option Index Number on Effective Date of the Contract

The Index shall be the Producer Price Index for Truck and Bus Bodies, Series No. 1413 published by the United State s Department of Labor or if such Index is no longer in use, then such replacement which is most comparable to the Index as may be designated by the Bureau of Labor Statistics, or as agreed by the parties.

SP 5.3 Prohibitions
Contractors are expressly prohibited f rom offering any rebates, parts credits and any other price discounts following contract award.

SP 5.4 Price Adjustments
With the exception of pric e changes for option periods permitted under SP 5.2 , Section GC 9.6, Changes of Law, and SP 19, New Technology and are the only provisions that provide for price adjustments.

SP 6. Ordering Procedures
Agencies that are members of the joint procurement and that are using federal funds to place orders under this contract shall follow the following procedures:

1. The Agency shall develop a requirements list (simplified RFI) showing all optional features, if any, that are required. In addition, the Agency shall identify any other evaluation factors that shall be considered in determining which vehicle is to be ordered. (Factors that may also be considered include p ast performance, special features of the Exhibit A - CALACT MBTA Contract No. 18-01 NF
59 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

42 specific vehicle required for effective program performance, warranty considerations, if any, maintenance or inventory considerations, if any and proposed delivery schedule.)

2. The Agency shall issue a request for delivery schedule to Contractors for at least three of vehicles available on the contract. (If there are fewer than three vehicles listed, the Agency shall obtain this information for the maximum number of vehicles available.) The RFI shall list any other additional information that is required. It shall also note how information shall be evaluated and the deadline for submittal.

3. Following receipt of the information, the Agency shall evaluate the submittals according to the evaluation criteria and select the quote that represents the offer that is most advantageous to the Agency when all factors are evaluated.

4. The recommended firm shall receive a written Order Confirmation form from the Ordering Agency. This form shall indicate:
a. Itemized list of all vehicles, parts, etc. being ordered and prices b. Designated delivery point
c. Delivery due date.

5. The Order Confirmation form does not replace any other required document such as Purchase Orders that may be issued by the agency.

6. All eligible orders must provide a quote/proposal from the selected Dealer or Manufacturer that provides at a minimum the following information:
 Vehicle Type -provide description that includes make, model, vehicle class, propulsion type and capacity
 Full and legal Ordering Agency Name as it will appear on the Assignment  Contact at Ordering Agency (including email, title, mailing address, phone number). Provide additional name if your contact is not the person that will receive the Assignment Letter.
 Sales person
 Proposer’s response shall confirm that the vehicle configuration proposed including optional features is projected to meet prevailing Buy America requirements and provide an estimate of domestic content.

Quantity ordered-quote is to reflect entire and complete bus order, and is not per bus Price of all options

7. Ordering agency to initia te the transaction in the Cooperative’s online ordering program. The agency and Contractor to update all information and changes as needed.

Awarded contractors to be briefed by Cooperative (CALACT) staff on use of this program Exhibit A - CALACT MBTA Contract No. 18-01 NF
60 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

43 prior to beginning sales activity on the contract. An authorized representative will issue a Letter of Assignment only after all the aforementioned steps have taken place.

ADA eligible Items identified for sales tax exemption
Published and Non Published Options are to be listed separately Total Price of Bus subject to the procurement fee
Document Fee
Sales Tax
Procurement Fee
Delivery fee as quoted on Price Worksheet with expected delivery date -quotes issued without a delivery date are not valid.

Date of Order
All quotes from the contractor must be written using the same format and approved by the Cooperative prior to first order. Any changes to the order by the buyer or seller after receipt need to be sent to the Cooperative. All buses ordered must be compliance with contract including but not limited to the buyer being a current member of CalACT. Questions about buyer eligibility to purchase from the contract need to be sent to the Cooperative for verification. Any change orders made to the initial purchase order are to be communicated as soon as possible to the Cooperative.

SP 7. Inspection, Testing, Acceptance and Repairs
SP 7.1 First Article/Facility Inspection
At the sole election of MBTA, the Agency may conduct an on-site inspection of the first vehicle produced to confirm compliance with the specification and to validate the Post -Delivery Buy America and any other audit requirements. The first production bus shall serve as the “First Article” vehicle a nd standard for the units that follow as ordered. This shall not relieve the Contractor and manufacturer from an obligation to manufacture all units in compliance with all specifications.

At least thirty (30) days prior to completion of the Facility/First Article bus, the Contractor is to notify MBTA in writing. The First Article bus is to be available for inspection either at the point of delivery or at the manufacturing facility. The failure to notify the MBTA of the First Article's manufacturing schedule affects the ability to confirm compliance with Post-Delivery Buy America requirements. (See also SP16 - Buy America Post -Delivery Audit.) This failure may be determined to be a Breach of Contract which could lead to Termination. In addition, the lack of compliance may result in a determination of Non-Responsibility which could prohibit future contract awards.

Parties that are to be present include representatives from the successful manufacturer, the Contractor if proposed by a dealer and representative(s) from the MBTA.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
61 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

44 SP 7.2 Pre-Delivery Tests
The Contractor’s or manufacturer’s pre -delivery tests and inspections of all Vehicles shall be performed at or near the manufacturing plant; they shall be performed in accordance with the procedures defined in Quality Assurance Provisions, and they may be witnessed by the Resident Inspector, if one is assigned to a specific order. The records of this testing shall be provided to the ordering agency in accordance with the Quality Assurance Provisions.

SP 7.3 Service Prior to Delivery
Prior to delivery, each vehicle shall be inspected and serviced by the Contractor or by an authorized dealer of the manufacturer in a service shop located near the Ordering Agency. The service shall include not less than the following:

A. Check and fill all fluid levels as necessary. This shall include but not be limited to engine oil, hydraulic oil, transmission fluid, coolant level and mixture, battery levels, brake fluid, differential oil, washer fluid, and any and all other fluid levels.

B. Complete wash and detail of the vehicle and removal of all unnecessary dealer stickers prior to delivery and inspection.

C. A four-wheel alignment at final point of inspection. Wheel alignment shall take place after delivery to the Contractor's location. Docume ntation of alignment settings for camber, caster, and toe-in settings shall be furnished for the final inspection, and must accompany delivery documentation to Ordering Agency.

D. Full tank of fuel at the Contractor's location.

E. Documentation of the alignmen t of headlights shall be provided to the Ordering Agency at delivery.

F. Check to insure proper operation of all accessories, gauges, lights, mechanical, and hydraulic features. Particular attention shall be given to door alignment, lift operation, weather-stripping, hardware, paint condition, and labeling of the cooling system.

G. Copy of the Contractor’s pre -delivery inspection and all subsequent inspections by Contractor's inspectors shall be provided to the Ordering Agency upon delivery.

H. A certified weight certificate showing the “as built” weight of the vehicle shall be provided with each vehicle at the time of delivery. The vehicle shall be full of fuel and all fluids and weighed with all equipment installed. The weight certificate shall be included with the bus and available for review at time of inspection.

SP 7.4 Delivery Coordination and Pricing of Delivery
All vehicle deliveries shall be coordinated with the ordering agency. The Contractor shall contact the ordering agency to agree upon a delivery schedule at least three (3) working days prior to delivery. Delivery shall be made during normal working hours . Delivery terms are FOB Destination to be specified by the ordering agency to their place of business. For orders placed by other ordering agencies, the de livery charges shall be based o n the delivery cost per zone as established in the price worksheet.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
62 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

45 SP 7.5 Delivery Inspection, Post-Delivery Tests and Acceptance

1. Upon delivery of the Vehicle at a point of delivery, the Agency shall take possession of the Vehicle and shall perform the inspections and tests. For vehicles that are federally funded, each bus shall be inspected and road tested per Appen dix B, Visual Inspection and R oad Test Forms. For vehicles funded by or through Caltrans, each bus shall also be inspected using Appendix C, Caltrans Vehicle Inspection Report. I f the Vehicle passes these inspections and tests, the Agency shall accept the Vehicle no later than the fifteenth day after Contractor delivers the Vehicle to the Agency. The Agency may accept a Vehicle earlier upon Notice of early Acceptance to the Contractor. If the Agency does not notify the Contractor of non-acceptance within 15 calendar days after delivery, then acceptance of the bus by the Agency occurs on the 15th day after delivery.

Vehicles that fail to pass the post -delivery tests are subject to non -acceptance. The Agency shall record details of all Defects on the appropriate test forms and shall notify the Contractor of acceptance or non -acceptance of each bus after completion of th e tests. The Defects detected during these tests shall be repaired according to procedures defined in “Repairs after Non - Acceptance.”
SP 7.6 Documentation and Deliverables Per Bus Order
The Technical Specification identifies all technical deliverables that must b e provided with each bus order. In addition to those items, t he Contractor shall provide deliver the following documentation and deliverables with the bus (es).
 Warranty papers – forms, policy, procedures
 Post Delivery Buy America documentation if different from the Post Delivery Buy America audit conducted under SP 17. Must accompany or precede bus delivery.

These are to be marked and placed in a separate envelope for each and every delivery for the specific bus ordered by the participating agency.

The Contractor also shall exert its best efforts to keep maintenance manuals, operator manuals and parts books up to date for a period of five (5) years. The supplied manuals shall incorporate all equipment ordered on the buses covered by this procurement. In i nstances where copyright restrictions or other considerations prevent the Contractor from incorporating major components information into the bus parts and service manuals, separate manual sets as published by the subcomponent Supplier shall be provided.

SP 7.7 Repairs after Non-Acceptance
The Contractor, or its designated representative, shall perform the repairs after non-acceptance.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
63 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

46 SP 8. Orientation with Delivery
The Contractor shall provide a vehicle orientation with each vehicle delivered to an Agency. If an agency orders more than one (1) vehicle of identical specifications, the orientations shall be provided on the first vehicle delivered. The orientation shall be conducted by the Contractor for the maintenance and operations supervisory and training personnel. The orientation shall include but not be limited to:
 Engine type and proper type of fuel
 How to check coolant level and type of coolant required  Function of all controls on the vehicle.
 Function of all controls on the driver control panel
 Location and function of controls on all add-on equipment, such as the A/C, etc.  Location and identification of all visible and audible alarms.  Location and identification of tire pressure ID plate  Location of batteries and how to service the batteries.

SP 9. Registration of Vehicles
The Contractor shall register all vehicles. A certification of compliance for vehicle emissions must be supplied at the time of delivery of each vehicle. Any additional requirements involving vehicle registration such as listing of lien holders shall be provided by the ordering Agency and included in the Order Confirmation form . The Contractor warrants that the title shall pass to the Agency free and clear of all liens, mortgages and encumbrances, financing statements, security agreements, claims, and demands of any character following the Agency’s Acceptance of each bus.

SP 10. Payment
All payments shall be made as provided herein, less any additional amount withheld as provided below and less any amounts for liquidated damages in accordance with “Liquid ated Damages for Late Delivery of the Bus.”
The Agency shall make payments for buses at the unit prices itemized in the price worksheet offered by firm within thirty (30) calendar days after the delivery and acceptance of each bus and receipt of a proper invoice.

The Agency shall make payments for spare parts and/or equipment at the unit price s itemized in the price worksheet offered by firm within thirty (30) calendar days after the delivery and acceptance of said spare parts and/or equipment and receipt of a proper invoice.

The Agency shall make a final payment for all withholding within thirty (30) calendar days of receipt of a final proper invoice and the following:

1. Delivery and acceptance of all Contract deliverables, including manuals and other documentation required by the Contract, excluding training.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
64 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
47 2. Contractor provision of any certifications as required by law and/or regulations.

3. Completion of post-delivery audits required under the Contract.

SP 10.1 Invoices
Contractor shall submit invoices for all Vehic les, Spare Parts, and all equipment and other items purchased under this Contract to the Agency thirty (30) calendar days prior to each delivery.

Payment shall be within 30 days after Acceptance of each item. Proforma invoices shall be acceptable.

SP 10.2 Payment of Taxes
Unless otherwise provided in this Contract, the Contractor shall pay all federal, state and local taxes, and duties applicable to and assessable against any Work, goods, services, processes and operations incidental to or involved in the Con tract, including but not limited to retail sales and use, transportation, export, import, business and special taxes. The Contractor is responsible for ascertaining and paying the taxes when due. The total Contract price shall include compensation for all taxes the Contractor is required to pay by laws in effect on the Proposal Due Date. The Contractor shall maintain auditable records, subject to the Agency reviews, confirming that tax payments are current at all times. Each invoice for vehicles shall speci fically indicate the tax exemption for handicapped equipment (California Revenue and Taxation Code Section 6394.4).

SP 11. Delivery Schedule
The Contractor shall deliver all buses on or before the delivery date contained in the Order Confirmation issued by each o rdering agency. The Order Confirmation shall also indicate the point of delivery as well as days and hours of delivery.

SP 12. Liquidated Damages for Late Delivery of the Bus
It is mutually understood and agreed by and between the parties to the Contract that time is of the essence with respect to the completion of the Work and that in case of any failure on the part of the Contractor to deliver the buses within the time specified in “Delivery Schedule,” except for any excusable delays as provided in “Excusable Delays/Force Majeure” or any extension thereof, the Agency shall be damaged thereby. The amount of said damages, being difficult if not impossible of definite ascertainment and proof, it is hereby agreed that the amount of such damages due to the Agency shall be fixed at $100 per business day per bus not delivered in substantially as good condition as inspected by the Agency at the time released for shipment.

The Contractor hereby agrees to pay the aforementioned amounts as fixed, agreed and liquidated damages, and not by way of penalty, to the Agency and further authorizes the Agency to deduct the amount of the damages from money due the Contractor under the Contract, computed as aforesaid. If the money due the Contractor is insufficient or no money is due the Contractor, then the Contractor shall pay the Agency the difference or the entire amount, whichever may be the case, within thirty (30) days after receipt of a written demand by the Contracting Officer.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
65 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
48 The payment of aforesaid fixed, agreed and liquidated damages shall be in lieu of any damages for any loss of profit, loss of revenue, loss of use, or for any other direct, indirect, special or consequential losses or damages of any kind whatsoever that may be suffered by the Agency arising at any time f rom the failure of the Contractor to fulfill the obligations referenced in this clause in a timely manner.

SP 13. Service and Parts
SP 13.1 Contractor Service and Parts Support/Service Plan The Contractor shall state on the form the location/s of the nearest distribution center, which shall furnish a complete supply of parts and components for the repair and maintenance of the buses to be supplied. The Contractor also shall state in its Proposal its policy on transportation charges for parts other than those covered by warranty. The Contractor must identify in its proposal that it has the resources and experience to ser vice a contract of this scale. Physical service centers with the proximity and the technical capacity to serve the Cooperative’s statewide participants are to be identified. Alternatively, if a proposer intends to utilize a subcontractor to provide service and warranty the proposed subcontractor must be identified in the Proposal. A letter documenting the manufacturer’s approval and authorization of the proposed service provider to perform service and warranty repairs for this contract, along with a letter from the subcontract service provider agreeing to perform the proposed service and warranty requirements, must be submitted with the Proposal.

A Written Service Plan that identifies the representatives responsible for assisting the Agency and fully describes the Contractor’s plan to address the service and support requirements of this procurement. The MBTA reserves the right to evaluate and approve the subcontractor’s technical capacity to adequately serve a contract of the size and scope anticipated for this procurement.

SP 13.2 Parts Availability Guarantee
The Contractor hereby guarantees to provide, within reasonable periods of time, the spare parts, software and all equipment necessary to maintain and repair the buses supplied under this Contract for a period of at least twelve (12) years after the date of acceptance. Parts shall be interchangeable with the original equipment and shall be manufactured in accordanc e with the quality assurance provisions of this Contract. Prices shall not exceed the Contractor’s then-current published catalog prices.

Where the parts ordered by the Agency are not received within two working days of the agreed - upon time and date and a bus procured under this Contract is out of service due to the lack of said ordered parts, then the Contractor shall provide the Agency, within eight (8) hours of the Agency’s verbal or written request, the original Suppliers’ and/or manufacturers’ parts nu mbers, company names, addresses, telephone numbers and contact persons’ names for all of the specific parts not received by the Agency.

Where the Contractor fails to honor this parts guarantee or parts ordered by the Agency are not received within thirty (30) days of the agreed-upon delivery date, then the Contractor shall provide to Agency, within seven (7) days of the Agency’s verbal or written request, the design and Exhibit A - CALACT MBTA Contract No. 18-01 NF
66 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
49 manufacturing documentation for those parts manufactured by the Contractor and the origi nal Suppliers’ and/or manufacturers’ parts numbers, company names, addresses, telephone numbers and contact persons’ names for all of the specific parts not received by the Agency. The Contractor’s design and manufacturing documentation provided to the Agency shall be for its sole use in regard to the buses procured under this Contract and for no other purpose.

SP 14. Federal Motor Vehicle Safety Standards (FMVSS)
The Contractor shall submit either a manufacturer’s FMVSS self -certification that the vehicle complies with relevant FMVSS or a manufacturer’s certified statement that the contracted buses shall not be subject to FMVSS regulations. One copy of the statement shall be provided to each Agency with the delivery of the buses.

SP 15. Motor Vehicle Pollution Requirements
The Contractor shall furnish to each Agency a certification in writing with each Vehicle delivered that:
 Vehicles shall meet Federal and California pollution requirements.  The horsepower of the Vehicle is adequate for the speed, range, and terrain in which it shall be required to operate and meet the demands of all auxiliary power equipment.

SP 16. Insurance
The Agency recognizes that the Contractor may be a dealer whose role is warranty and service of the vehicle or the manufacturer of the vehicle s. In either case, the Contractor shall maintain in effect during the term of this Contract, including any warranty period, at its own expense, at least the following coverage and limits of insurance:
• Statutory Workers Compensation and Employers Liability insurance and/or qualified self- insurance program covering Supplier’s employees while on Agency property. • Commercial General Liability Insurance:
• Bodily Injury and Property Damage, including Contractual Liability covering the indemnification contained herein, $ 1,000,000 combined s ingle limits per occurrence, $5,000,000 aggregate, where applicable.
• Product liability: $1 ,000,000 per occurrence, for a period of five (5) years after acceptance of the last bus delivered under this Contract (Products Liability coverage may be effected through one or more excess liability policies). • Automobile Liability Insurance: Bodily Injury and Property Damage, $1,000,000 combined single limits per occurrence.

In addition, the vehicle manufacturer whose role is to provide the vehicle shal l maintain in effect during the term of this Contract, including any warranty period, at its own expense, at least the following coverage and limits of insurance:

Exhibit A - CALACT MBTA Contract No. 18-01 NF
67 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
50 • Commercial General Liability Insurance:
• Bodily Injury and Property Damage, including Contrac tual Liability covering the indemnification contained herein, $1,000,000 combined single limits per occurrence, $5,000,000 aggregate, where applicable.
• Product liability: $1,000,000 per occurrence, for a period of five (5) years after acceptance of the las t bus delivered under this Contract (Products L iability coverage may be effected through one or more excess liability policies).

Contractor shall deliver to the Agency, within thirty (30) days after receiving Notice of Award of this Contract, evidence of the above. Prior to the expiration of any insurance during the time required, the Supplier shall furnish evidence of renewal to the Agency’s Contract Administrator.

SP 17. Buy America Post-Delivery Audit
Prior to delivery of the first vehicle, the Contractor sha ll provide documentation or access to documentation required to evidence compliance with the Buy America Post -Delivery audit requirements. The documentation shall be provided in the same format as was submitted for the Pre-Award Buy America audit. The Ag ency shall not retain a copy of any audit documentation that is provided.

SP 18. Interchangeability
All buses delivered under this Contract, whether provided by a Subcontractor or Supplier, or manufactured by the Contractor, shall be duplicates in design and manufacture, and installed to assure Interchangeability among Buses in each separate order. This Interchangeability shall extend to the components and parts as well as to their locations in the Buses for all buses produced during the first year of the contract.

For buses being produced during the second base year of the Contract, MBTA shall consider changes such as product improvements on a case -by-case basis. MBTA’s basic expectation for any such change is that the new product shall perform at least as well if not better than the original.

To that end, the Contractor may be required to obtain and provide an extended warranty at no cost for any proposed change in components.

In the event that a supplier discontinues a product during the Contract period, MBTA shall consider a substitute product on a case -by-case basis. No substitutions are to be not without the express written consent of MBTA. MBTA’s basic expectation for any such change is that the new product shall perform at least as well if not better than the original. To that end, the Contractor may be required to obtain and provide an extended warranty at no cost for any proposed change in components.

All such changes shall be processed according to the provisions of GC 8, Changes. The Contractor shall not modify any of the listed items contained on the Technical Submittal which was submitted with the proposal without the express written consent of MBTA.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
68 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
51 SP 19. New Technology
MBTA reserves the right to add new devices or accessories to this contract that may e volve or become available through new technology to the resulting contract. Such additions must be for the same general purpose as equipment awarded and fall within the original scope. Price adjustments may be considered at the discretion of MBTA. Such equipment shall only be added if it is presented as an items addition or approved replacement by an awarded Contractor.

SECTION 5: FEDERAL REQUIREMENTS
FR 1. Access to Records
The Contractor agrees to maintain all books, records, accounts and reports required unde r this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the Agency, the FTA Administrator, the Comptroller General or any of their duly authorized representatives have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

The following access to records requirements apply to this Contract:

FR 1.1 Local Governments
In accordance with 49 CFR 18.36(i), the Contractor agrees to provide the Agency, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor that are directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor’s records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5307, 5309 or 5311.

FR 1.2 State Governments
In accordance with 49 CFR 633.17, the Contractor agrees to provide the Agency, the FTA Administrator or his authorized representatives, including any PMO Contractor, ac cess to the Contractor’s records and construction sites pertaining to a major capital project, defined at 49 USC 5302(a)1, which is receiving federal financial assistance through the programs described at 49 USC 5307, 5309 or 5311. By definition, a major c apital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
69 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
52 The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

FR 2. Federal Funding, Incorporation of FTA Terms and Federal Changes The preceding provisions include, in part, certain standard terms and conditions required by the Department of Transportation, whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F o r its successors are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this agreement. The Contractor shall not perform any act, fail to perform any act or refuse to comply with any Agency requests that would cause the Agency to be in violation of the FTA terms and conditions.

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

FR 3. Federal Energy Conservation Requirements
The Contractor agrees to comply with mandatory st andards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

FR 4. Civil Rights Requirements
The following requirements apply to the underlying Contract:

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

2. Equal Employment Opportunity: The following equal employment opportunity requirements apply to the underlying Contract:
(a) Race, Color, Creed, Na tional Origin, Sex: In accordance with Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 5332, the Contractor agrees to comply with all applicable equal employment Exhibit A - CALACT MBTA Contract No. 18-01 NF
70 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
53 opportunity requirements of U.S. Departmen t of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60 et seq., (which implement Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No. 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 USC § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age: In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC §§ 623 and Federal transit law at 49 USC § 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.
(c) Disabilities: In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC § 12112, the Contractor agrees that it shall comply with the requirements of U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

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

Exhibit A - CALACT MBTA Contract No. 18-01 NF
71 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
54 FR 5. No Government Obligation to Third Parties

1. The Agency 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 Agency, Contractor, or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the underlying Contract.

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

FR 6. Program Fraud and False or Fraudulent Statements or Related Acts

1. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR 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 C ontract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim , statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.

2. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a Contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

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

FR 7. Suspension and Debarment
This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
72 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

55 The Contractor is required to comply with 49 CFR 29, Subpart C, and must include the requirement to comply with 49 CFR 29, Subpart C, in any lower-tier covered transaction it enters into.

By signing and submitting it Proposal, Proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the Agency. If it is later determined that Proposer knowingly rendered an erroneo us certification, in addition to remedies available to the Agency , the federal government may pursue available remedies, including but not limited to suspension and/or debarment. The Proposer agrees to comply with the requirements of 49 CFR 29, Subpart C, while this Proposal is valid and throughout the period of any Contract that may arise from this Proposal. The Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

FR 8. Disadvantaged Business Enterprise (DBE)
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.

The Contractor shall maintain complia nce with “DBE Approval Certification” throughout the period of Contract performance.

The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor shall carry out applicable re quirements of 49 CFR Part 26 in the award and administration of this DOT -assisted Contract. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the Agency deems appropriate. Each subcontract the Contractor signs with a Subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

FR 9. Prompt Payment to Subcontractors
Pursuant to 49 Code of Federal Regulations (CFR) Part 26 , the Contractor shall pay each Subcontractor under this Contract for satisfactory performance of its Contract no later than thirty days (30) days after receipt of each Progress Payment received from Agency. The Contractor shall pay to each Subcontractor all amounts it has retained from payments under the Subcontract within thirty (30) days after the Subcontractor’s work is satisfactorily completed. Any delay of payment beyond the thirty (30) day time limit shall be only for good cause, and only upon the prior written approval of Agency.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
73 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
56 FR 10. Clean Water Requirements

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 USC 1251 et seq. The Contractor agrees to report each violation to the Agency and understands and agrees that the Agency shall, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

2. The Contractor also agrees to include these require ments in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

FR 11. Clean Air Requirements

1. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401 et seq. The Contractor agrees to report each violation to the Agency and understands and agrees that the Agency shall, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

2. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

FR 12. Compliance with Federal Lobbying Policy
Contractors who apply or propose for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it shall not and has not used federal appropriated funds to pay any person or organization 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 obtaining any federal Contract, grant or any other award covered by 31 USC 1352.

Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -federal funds with respect to that federal Contract, grant or award covered by 31 USC 1352. Such disclosures are forwarded from tier to tier up to the recipient.

FR 13. Buy America
The Contractor agrees to comply with 49 USC 5323(j) and 49 CFR Part 661, which provide that federal funds may not be obligated unless steel, iron and manufactured product s 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 CFR 661.7. A general public interest waiver from the Buy America requir ements applies to microprocessors, computers, microcomputers, software or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device that merely Exhibit A - CALACT MBTA Contract No. 18-01 NF
74 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
57 contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data.

Separate requirements for rolling stock are set out at 49 USC 5323(j)(2)(C) and 49 CFR 661.11.

Rolling stock must be assembled in the United States and have a 60 percent domestic content.

Proposer must submit to the Agency the appropriate Buy America Certification with all offers on FTA-funded contracts, except those subject to a general waiver. Proposals that are not accompanied by a properly completed Buy America c ertification are subject to the provisions of 49 CFR 661.13 and may be rejected as nonresponsive.

FR 14. Testing of New Bus Models
The Contractor agrees to comply with 49 USC A 5323(c) and FTA’s implementing regulation at 49 CFR Part 665 and shall perform the following:

1. A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient, which shall be prior to the recipient’s final acceptance of the first vehicle.

2. A manufacturer who releases a report under Paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public.

3. If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient’s final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer’s basis for concluding that it is not a major change requiring additional testing.

4. If the manufacturer represents t hat the vehicle is “grandfathered” (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and addre ss of the recipient of such a vehicle and the details of that vehicle’s configuration and major components.

FR 15. Pre-Award and Post-Delivery Audits
The Contractor agrees to comply with 49 USC § 5323(l) and FTA’s implementing regulation at 49 CFR Part 663 and to submit the following certifications:

1. Buy America requirements: The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America. If the recommended Proposer certifies compliance with Buy America, it sha ll submit documentation that lists Exhibit A - CALACT MBTA Contract No. 18-01 NF
75 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

58 (1) component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; and (2) the location of the final assembly point for the rolling stock, including a description of the activities that shall take place at the final assembly point and the cost of final assembly.

2. Solicitation specification requirements: The Contractor shall submit evidence that it shall be capable of meeting the solicitation’s specifications.

3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit (1) manufacturer’s FMVSS self-certification, Federal Motor Vehicle Safety Standards, that the vehicle complies with relevant FMVSS or (2) manufacturer’s certified statement that the contracted buses shall not be subject to FMVSS regulations.

FR 16. Cargo Preference
The Contractor agrees to the following:
• To use privately owned U.S. -flag commercial vessels to ship at least fifty (50) percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and tankers) involved, whenever shipping any equipment, material or commodities pursuant to the underlying Contract to the extent such vessels are available at fair and reasonable rates for U.S.-flag commercial vessels;
• To furnish within twenty (20) working days following the date of loading for shipments originating within the United States or within thirty (30) working days following the date of leading for shipments originating outside the United Sta tes, a legible copy of a rated, “on-board” commercial ocean bill of lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the Contractor in the case of a Subcontractor’s bill-of-lading.) • To include these requirements in all subcontracts issued pursuant to this Contract when the subcontract may involve the transport of equipment, materia l or commodities by ocean vessel.

FR 17. Fly America
The Contractor agrees to comply with 49 USC 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301 -10, which provide that recipients and sub recipients of federal funds and their contractors are required to use U.S. flag air carriers for U.S. government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel b y foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was n ot available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America Exhibit A - CALACT MBTA Contract No. 18-01 NF
76 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
59 requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation.

FR 18. Contract Work Hours and Safety Standards Act

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 mechanic s shall require or permit any such laborer or mechanic in any work week in which he or she is employed on such Work to work in excess of 40 hours in such work week 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 40 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 therefore shall be liable for the unpaid wages. In addition, such Contractor and Subcontractor shall be liable to the United States 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 work week of 40 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 Morongo Basin Transit Authority 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 monies 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 paragraphs 1 throug h 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.

FR 19. ADA Access
The Contractor and any of its Subsuppliers under this Contract agree to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§ 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and the following regulations and any amendments thereto:

1. DOT regulations, “Transportation Services for Individuals with Disabilities (ADA),” 49 CFR Part 37;
Exhibit A - CALACT MBTA Contract No. 18-01 NF
77 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
60 2. DOT regulations, “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 CFR Part 27;

3. Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.

ATBCB)/U.S. DOT regulations, “American With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 CFR Part 1192 and 49 CFR Part 38;

4. Department of Justice (DOJ) regulations, “Nondiscrimination on the Basis of Disability in State and Local Government Services,” 28 CFR Part 35;

5. DOJ regulations, “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities,” 28 CFR Part 36;

6. General Services Administration regulations, “Accommodations for the Physically Handicapped,” 41 CFR Subpart 101-19;

7. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR Part 1630;

8. Federal Communications Commission regulations, “Telecommunications Relay Servic es and Related Customer Premises Equipment for Persons with Disabilities,” 47 CFR Part 64, Subpart F;

9. FTA regulations, “Transportation for Elderly and Handicapped Persons,” 49 CFR Part 609;

10. U.S. ATBCB regulations, “Electronic and Information Technology Ac cessibility Standards,” 36 CFR Part 1194; and

11. Any implementing requirements FTA may issue.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
78 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

61 SECTION 6: TECHNICAL SPECIFICATIONS

GENERAL

Technical specifications define requirements for transit vehicles and are contained in Appendix A- 1 through A-5 which are attached.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
79 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

62 SECTION 7: WARRANTY REQUIREMENTS
WR 1. Basic Provisions
WR 1.1 Warranty Requirements
WR 1.1.1 Contractor Warranties
Warranties in this document are in addition to any statutory remedies or warranties imposed on the Contractor. Consistent with this requiremen t, the Contractor warrants and guarantees to the original Agency each complete bus and specific subsystems and components as follows.

Performance requirements based on design criteria shall not be deemed a warranty item.

Contractor to provided standard OEM and supplier warranties for chassis, engine, wheelchair lifts or ramps and climate cont rol systems describing these on the vehicle information sheets and as submissions on the proposal. Warranties proposed are subject to evaluation as a condition of award and may be evaluated post award by the ordering agencies to evaluate the vehicles they will choose.

WR 1.1.2 Complete Bus
The complete bus, propulsion system, components, major subsystems and body and chassis structure are warranted to be free from Defects and Related Defects for a minimum of one (1) year or 50,000 miles, whichever comes first, beginning on the date of revenue service but not longer than 15 days after acceptance under “Inspection, Testing, Acceptance and Repairs.” The warranty is based on regular operation of the bus under the operating conditions prevailing in the Agency’s locale. [Information from the selected firm(s) will be inserted at time of Contract award.] WR 1.1.3 Body and Chassis Structure
Body, body structure, structural elements of the suspension and engine cradle are warranted to be free from Defects and Related Defects for three years or 150,000 miles, whichever comes first. [Information from the selected firm(s) will be inserted at time of Contract award.] Primary load -carrying members of the b us structure, including structural elements of the suspension, are warranted against corrosion failure and/or Fatigue Failure sufficient to cause a Class 1 or Class 2 Failure for a minimum period of 12 years or 500,000 miles for the Transit and Commuter buses, 10 years and 350,000 miles for the trolleys on this solicitation whichever comes first. [Information from the selected firm(s) will be inserted at time of Contract award.]

Exhibit A - CALACT MBTA Contract No. 18-01 NF
80 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
63 WR 1.1.4 Propulsion System
Propulsion system components, specifically the engine, tra nsmission or drive motors, and generators (for hybrid technology) and drive and non-drive axles shall be warranted to be free from Defects and Related Defects for the standard 2 years or 100,000 miles, whichever comes first. The propulsion system manufactu rer’s standard warranty, delineating items excluded from the Extended Warranty, submitted in accordance with the Request for Pre-Offer Change. [Information from the selected firm(s) will be incorporated at time of Contract award.] WR 1.1.5 Emission Control System (ECS)
The Contractor warrants the emission control system for five years or 100,000 miles, whichever comes first. The ECS shall include, but is not limited to, the following components:
• complete exhaust system, including catalytic converter (if required) • after-treatment device
• components identified as emission control devices
WR 1.1.6 Warranty Summary including Subsystems
Other subsystems shall be warranted to be free from Defects and Related Defects for the period shown below: [Information from the selected firm(s) will be incorporated at time of Contract award.]
The subsystems listed below shall be warranted to be free from Defects and Related Defects for two years or 100,000 miles, whichever comes first. These subsystems are listed below:
• Brake system: Foundation brake components, including advancing mechanisms, as supplied with the axles, excluding friction surfaces.
• Destination signs: All destination sign equipment for the front, side and rear signs, power modules and operator control.
• Heating, ventilating: Roof and/or rear main unit only, excluding floor heaters and front defroster.
• AC unit and compressor: Roof and/or rear main unit only, excluding floor heaters and front defroster.
• Door systems: Door operating actuators and linkages.
• Air compressor.
• Air dryer.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
81 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

64 • Wheelchair lift and ramp system: Lift and/or ramp parts and mechanical only. • Starter.
• Alternator: Alternator only. Does not include the drive system. • Charge air cooler: Charge air cooler including core, tanks and including related surrounding framework and fittings.
• Fire suppression: Fire suppression system including tank and extinguishing agent dispensing system.
• Hydraulic systems: Including radiator fan drive and power steering as applicable. • Engine cooling systems: Radiator including core, tanks and related framework, including surge tank. Transmission cooler.
• Passenger seating excluding upholstery.
• Fuel storage and delivery system.
• Surveillance system including cameras and video recorders.

Item Years Mileage
Body Structure
Chassis
Engine
Transmission
Air Conditioner
Lift/Ramp
Other Optional Features

WR 1.1.7 Extension of Warranty
If, during the warranty period, repairs or modifications on any bus are made necessary by defective design, materials or workmanship but are not completed due to lack of material or inability to provide the proper repair for thirty (30) calendar days, the appli cable warranty period shall be extended by the number of days equal to the delay period.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
82 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

65 WR 1.1.8 Serial Numbers
Upon delivery of each bus, the Contractor shall provide a complete electronic list of serialized units installed on each bus to facilitate warranty tracking. The list shall include, but is not limited to the following:

Engine
Transmission
Alternator
Starter
A/C compressor and condenser/evaporator unit
Drive axle
Power steering unit
Fuel cylinders (if applicable)
Air compressor
Wheelchair ramp (if applicable)
The contractor shall provide updated serial numbers resulting from warranty campaigns.

The forma of the list to be approved prior to the delivery of the first production bus.

WR 1.2 Voiding of Warranty
The warranty shall not apply to the failure of any part or component of the bus that directly results from misuse, negligence, accident or repairs not conducted in accordance with the Contractor - provided maintenance manuals and with workmanship performed by adequately trained personnel in accordance wi th recognized standards of the industry. The warranty also shall be void if the Agency fails to conduct normal inspections and scheduled preventive maintenance procedures as recommended in the Contractor’s maintenance manuals and if that omission caused th e part or component failure. The Agency shall maintain documentation, auditable by the Contractor, verifying service activities in conformance with the Contractor’s maintenance manuals.

WR 1.3 Exceptions and Additions to Warranty
The warranty shall not apply to the following items:
• scheduled maintenance items
• normal wear-out items
• items furnished by the Agency
Should the Agency require the use of a specific product and has rejected the Contractor’s request for an alternate product, then the standard Supplier wa rranty for that product shall be the only warranty provided to the Agency. This product shall not be eligible under “Fleet Defects,” below.

The Contractor shall not be required to provide warranty information for any warranty that is less than or equal to the warranty periods listed.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
83 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

66 WR 1.3.1 Pass-Through Warranty
Should the Contractor elect to not administer warranty claims on certain components and wish to transfer this responsibility to the sub -Suppliers, or to others, the Contractor shall request this waiver.

Contractor shall state in writing that the Agency’s warranty reimbursements shall not be impacted.

The Contractor also shall state in writing any exceptions and reimbursement including all costs incurred in transport of vehicles and/or components. At any ti me during the warranty period, the Contractor may request approval from the Agency to assign its warranty obligations to others, but only on a case-by-case basis approved in writing by the Agency. Otherwise, the Contractor shall be solely responsible for the administration of the warranty as specified. Warranty administration by others does not eliminate the warranty liability and responsibility of the Contractor.

WR 1.3.2 Superior Warranty
The Contractor shall pass on to the Agency any warranty offered by a component Supplier that is superior to that required herein. The Contractor shall provide a list to the Agency noting the conditions and limitations of the Superior Warranty not later than the start of production. The Superior Warranty shall not be administered by the Contractor.

WR 1.4 Fleet Defects
WR 1.4.1 Occurrence and Remedy
A Fleet Defect is defined as cumulative failures of three (3) of the same components in the same or similar application where the fleet size is fewer than twelve (12) buses where such items are covered by warranty. Where the fleet size is twelve (12) or more buses, a Fleet Defect is defined as twenty-five (25) percent of the same components in the same or similar application where such items are covered by warranty. A Fleet Defect shall apply only to the base warranty period in sections entitled “Complete Bus,” “Propulsion System” and “Major Subsystems.” When a Fleet Defect is declared, the remaining warranty on that item/component stops. The warranty period does not restart until the Fleet Defect is corrected.

For the purpose of Fleet Defects, each order placed through the joint procurement shall be treated as a separate bus fleet.

The Contractor shall correct a Fleet Defect under the warranty provisions defined in “Repair Procedures.” After correcting the Defect, the Agency and the Contractor shall mutually agree to and the Contractor shall promptly undertake and complete a work program reasonably designed to prevent the occurrence of the same Defect in all other buses and spare parts purchased under this Contract. Where the specific Defect can be solely attributed to particular identifiable part(s), the work program shall include redesign and/or replacement of only the defectively designed and/or manufactured part(s). In all other cases, the work prog ram shall include inspection and/or correction of all of the buses in the fleet via a mutually agreed -to arrangement. The Contractor shall update, as necessary, technical support information (parts, service and operator’s manuals) Exhibit A - CALACT MBTA Contract No. 18-01 NF
84 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

67 due to changes resulting from warranty repairs. The Agency may immediately declare a Defect in design resulting in a safety hazard to be a Fleet Defect. The Contractor shall be responsible to furnish, install and replace all defective units.

WR 1.4.2 Exceptions to Fleet Defect Provisions
The Fleet Defect warranty provisions shall not apply to Agency -supplied items, such as radios, fare collection equipment, communication systems and tires. In addition, Fleet Defects shall not apply to interior and exterior finishes, hoses, fittings and fabric.

WR 2. Repair Procedures
WR 2.1 Repair Performance
The Contractor is responsible for all warranty-covered repair Work. To the extent practicable, the Agency shall allow the Contractor or its designated representative to perform such Work. At its discretion, the Agency may perform such Work if it determines it needs to do so based on transit service or other requirements. Such Work shall be reimbursed by the Contractor.

WR 2.2 Repairs by the Contractor
If the Agency detects a Defect within the warranty periods defined in this section, it shall, within thirty (30) days, notify the Contractor’s designated representative. The Contractor or its designated representative shall, if requested, begin Work on warranty -covered repairs within five calendar days after receiving notifi cation of a Defect from the Agency. The Agency shall make the bus available to complete repairs timely with the Contractor’s repair schedule.

The Contractor shall provide at its own expense all spare parts, tools and space required to complete repairs. Whenever feasible and mutually beneficial, the Agency may provide a work space for the Contractor to accomplish the repair onsite. At the Agency’s option, the Contractor may be required to remove the bus from the Agency’s property while repairs are being affected. If the bus is removed from the Agency’s property, repair procedures must be diligently pursued by the Contractor’s representative.

WR 2.3 Repairs by the Agency
WR 2.3.1 Parts Used
If the Agency performs the warranty-covered repairs, it shall correct or repair the D efect and any Related Defects utilizing parts supplied by the Contractor specifically for this repair. At its discretion, the Agency may use Contractor-specified parts available from its own stock if deemed in its best interests.

WR 2.3.2 Contractor-Supplied Parts
The Agency may require that the Contractor supply parts for warranty -covered repairs being performed by the Agency. Those parts may be remanufactured but shall have the same form, fit Exhibit A - CALACT MBTA Contract No. 18-01 NF
85 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

68 and function, and warranty. The parts shall be shipped prepaid to the A gency from any source selected by the Contractor within fourteen (14) days of receipt of the request for said parts and shall not be subject to an Agency handling charge.

WR 2.3.3 Defective Component Return
The Contractor may request that parts covered by the warr anty be returned to the manufacturing plant. The freight costs for this action shall be paid by the Contractor. Materials should be returned in accordance with the procedures outlined in “Warranty Processing Procedures.” WR 2.3.4 Failure Analysis
The Contractor sha ll, upon specific request of the Agency, provide a failure analysis of Fleet Defect or safety-related parts, or major components, removed from buses under the terms of the warranty that could affect fleet operation. Such reports shall be delivered within 6 0 days of the receipt of failed parts.

WR 2.3.5 Reimbursement for Labor and Other Related Costs The Agency shall be reimbursed by the Contractor for labor. The amount shall be the rate proposed to this RFP in the Price Worksheet by the manufacturer/dealer, which aside from price adjustment afforded in SP 5.2 will be the rate established for the entire term of the contract including extensions. This rate is to be the current standard rate in effect at the time of proposal submission charged by the proposer’s service department. Contractor to submit an electronic copy of its Standard Repair Time Manual and update as revised. The cost of towing the bus if such action was necessary and if the bus was in the normal service area, is to be reimbursed.

WR 2.3.6 Reimbursement for Parts
The Agency shall be reimbursed by the Contractor for defective parts and for parts that must be replaced to correct the Defect. The reimbursement shall be at the current price at the time of repair and shall include taxes where applicable, plus fifteen (15) percent handling costs. Handling costs shall not be paid if part is supplied by Contractor and shipped to Agency.

WR 2.3.7 Reimbursement Requirements
The Contractor shall respond to the warranty claim with an accept/reject decision including necessary failure analysis no later than sixty (60) days after the Agency submits the claim and defective part(s), when requested. Reimbursement for all accepted claims shall occur no later than sixty (60) days from the date of acceptance of a valid claim. The Agency may d ispute rejected claims or claims for which the Contractor did not reimburse the full amount. The parties agree to review disputed warranty claims during the following quarter to reach an equitable decision to permit the disputed claim to be resolved and closed. The parties also agree to review all claims at least once per quarter throughout the entire warranty period to ensure that open claims are being tracked and properly dispositioned.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
86 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

69 WR 2.4 Warranty after Replacement/Repairs
If any component, unit or subsyst em is repaired, rebuilt or replaced by the Contractor or by the Agency with the concurrence of the Contractor, the component, unit or subsystem shall have the unexpired warranty period of the original. Repairs shall not be warranted if the Contractor - provided or authorized parts are not used for the repair, unless the Contractor has failed to respond within five days, in accordance with “Repairs by the Contractor.” If an item is declared to be a Fleet Defect, the warranty stops with the declaration of the F leet Defect. Once the Fleet Defect is corrected, the item(s) shall have three (3) months or remaining time and/or miles of the original warranty, whichever is greater. This remaining warranty period shall begin on the repair/replacement date for corrected items on each bus if the repairs are completed by the Contractor or on the date the Contractor provides all parts to the Agency.

WR 2.4.1 Warranty Processing Procedures
The following list represents requirements by the Contractor to the Agency for processing warranty claims. One failure per bus per claim is allowed.
• bus number and VIN
• total vehicle life mileage at time of repair
• date of failure/repair
• acceptance/in-service date
• Contractor part number and description
• description of failure
• all costs associated with each failure/repair (invoices may be required for third-party costs):
• towing
• road calls
• labor
• materials
• parts
• handling
• troubleshooting time
WR 2.5 Forms
The Contractor shall supply warranty forms to each Ordering Agency. The completed forms shall be accepted by the Contractor if all of the above information is included. Electronic submittal may be used if available between the Contractor and Agency.

WR 2.6 Return of Parts
When returning defective parts to the Contractor, the Agency shall tag each part with the following:
• bus number and VIN
• claim number
Exhibit A - CALACT MBTA Contract No. 18-01 NF
87 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

70 • part number
WR 2.7 Timeframe
Each claim must be submitted no more than thirty (30) days from the date of failure and/or repair, whichever is later. All defective parts must be returned to the Contractor, when requested, no more than forty-five (45) days from date of repair.

WR 2.8 Reimbursements
Reimbursements are to be transmitted to the address provided by the Agency.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
88 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

71 SECTION 8: QUALITY ASSURANCE
QA 1. Contractor’s In-Plant Quality Assurance Requirements QA 1.1 Quality Assurance Organization
QA 1.1.1 Organization Establishment
The Contractor shall establish and maintain an effective in-plant quality assurance organization. It shall be a specifically defined organization and should be directly responsible to the Contractor’s top management.

QA 1.1.2 Control
The quality assurance organization shall exercise quality control over all phases of production, from initiation of design through manufacture and preparation for delivery. The organization shall also control the quality of supplied articles.

QA 1.1.3 Authority and Responsibility
The quality assurance organization shall have the authority and responsibility for reliability, quality control, inspection planning, establishment of the quality control system, and acceptance/rejection of materials and manufactured articles in the production of the transit buses.

QA 1.2 Quality Assurance Organization Functions
QA 1.2.1 Minimum Functions
The quality assurance organization shall include the following minimum functions:
• Work instructions: The quality assurance organization shall verify inspect ion operation instructions to ascertain that the manufactured product meets all prescribed requirements. • Records maintenance: The quality assurance organization shall maintain and use records and data essential to the effective operation of its program. These records and data shall be available for review by the resident inspectors. Inspection and test records for this procurement shall be available for a minimum of one year after inspections and tests are completed.
• Corrective action: The quality assurance organization shall detect and promptly ensure correction of any conditions that may result in the production of defective transit buses.

These conditions may occur in designs, purchases, manufacture, tests or operations that culminate in defective supplies, services, facilities, technical data or standards.

QA 1.2.2 Basic Standards and Facilities
The following standards and facilities shall be basic in the quality assurance process:
• Configuration control: The Contractor shall maintain drawings, assembly procedures, and other documentation that completely describe a qualified bus that meets all of the options and special requirements of this procurement. The quality assurance organization shall Exhibit A - CALACT MBTA Contract No. 18-01 NF
89 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

72 verify that each transit bus is manufactured in accordance with these con trolled drawings, procedures, and documentation.
• Measuring and testing facilities: The Contractor shall provide and maintain the necessary gauges and other measuring and testing devices for use by the quality assurance organization to verify that the buses conform to all specification requirements. These devices shall be calibrated at established periods against certified measurement standards that have known, valid relationships to national standards. • Production tooling as media of inspection: When production jigs, fixtures, tooling masters, templates, patterns, and other devices are used as media of inspection, they shall be proved for accuracy at formally established intervals and adjusted, replaced, or repaired as required to maintain quality.
• Equipment use by resident inspectors: The Contractor’s gauges and other measuring and testing devices shall be made available for use by the resident inspectors to verify that the buses conform to all specification requirements. If necessary, the Contractor’s person nel shall be made available to operate the devices and to verify their condition and accuracy.

QA 1.2.3 Maintenance of Control
The Contractor shall maintain quality control of purchases:
• Supplier control: The Contractor shall require that each Supplier maintains a quality control program for the services and supplies that it provides. The Contractor’s quality assurance organization shall inspect and test materials provided by Suppliers for conformance to specification requirements. Materials that have been inspected, tested, and approved shall be identified as acceptable to the point of use in the manufacturing or assembly processes.

Controls shall be established to prevent inadvertent use of nonconforming materials. • Purchasing data: The Contractor shall verify that all applicable specification requirements are properly included or referenced in purchase orders of articles to be used on transit buses.

QA 1.2.4 Manufacturing Control
• Controlled conditions: The Contractor shall ensure that all basic production operations, as well as all other processing and fabricating, are performed under controlled conditions.

Establishment of these controlled conditions shall be based on the documented Work instructions, adequate production equipment and special working environments if necessary.
• Completed items: A system for final inspection and test of completed transit buses shall be provided by the quality assurance organization. It shall measure the overall quality of each completed bus.
• Nonconforming materials: The quality assurance organi zation shall monitor the Contractor’s system for controlling nonconforming materials. The system shall include procedures for identification, segregation and disposition. • Statistical techniques: Statistical analysis, tests and other quality control procedu res may be used when appropriate in the quality assurance processes.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
90 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

73 • Inspection status: A system shall be maintained by the quality assurance organization for identifying the inspection status of components and completed transit buses. Identification may include cards, tags or other normal quality control devices.

QA 1.2.5 Inspection System
The quality assurance organization shall establish, maintain and periodically audit a fully documented inspection system. The system shall prescribe inspection and test of materials, Work in process and completed articles. As a minimum, it shall include the following controls:
• Inspection personnel: Sufficient trained inspectors shall be used to ensure that all materials, components and assemblies are inspected for conformance with the qualified bus design. • Inspection records: Acceptance, rework or rejection identification shall be attached to inspected articles. Articles that have been accepted as a result of approved materials review actions shall be identified. Articles that have been reworked to specified drawing configurations shall not require special identification. Articles rejected as unsuitable or scrap shall be plainly marked and controlled to prevent installation on the bus. Articles that become obsolete as a result of en gineering changes or other actions shall be controlled to prevent unauthorized assembly or installation. Unusable articles shall be isolated and then scrapped. Discrepancies not ed by the Contractor or resident inspectors during assembly shall be entered by the inspection personnel on a record that accompanies the major component, subassembly, assembly, or bus from start of assembly through final inspection.

Actions shall be taken to correct discrepancies or deficiencies in the manufacturing processes, procedures or other conditions that cause articles to be in nonconformity with the requirements of the Contract specifications. The inspection personnel shall verify the corrective actions and mark the discrepancy record. If discrepancies cannot be corrected by replacing the nonconforming materials, then the Agency shall approve the modification, repair or method of correction to the extent that the Contract specifications are affected. • Quality assurance audits: The quality assurance organization shall establish and maintain a quality control audit program. Records of this program shall be subject to review by the Agency.

QA 2. Inspection
QA 2.1 Inspection Stations
Inspection stations shall be at the best locations to provide for the Work content and characteristics to be inspected. Stations shall provide the facilities and equipment to inspect structural, electrical, hydraulic and other components and assemblies for compliance with the design requirements.

Stations shall also be at the best locations to inspect or test characteristics before they are concealed by subsequent fabrication or assembly operations. These locations shall minimally include underbody structure completion, body framing completion, body prior to paint preparation, water test, engine installation completi on, underbody dress-up and completion, bus prior to final paint touchup, bus prior to road test and bus final road test completion.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
91 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

74 QA 2.2 Optional Resident Inspectors
For orders greater than ten (10) buses, the Ordering Agency shall determine if a Resident Inspector is required under 49 CFR Part 663.37, In the event that the agency decides to have a Resident Inspector either full time or part-time, the following sections apply.

QA 2.2.1 Resident Inspector’s Role
The Agency may be represented at the Contractor’s plant by resident inspectors, as may be required by FTA. Resident inspectors may be Agency employees or outside contractors. The Agency shall provide the identi ty of each inspector and shall also identify their level of authority in writing.

They shall monitor, in the Contractor’s plant, the manufacture of transit buses built under the procurement. The presence of these resident inspectors in the plant shall not relieve the Contractor of its responsibility to meet all of the requirements of this procurement. The Agency shall designate a primary resident inspector, whose duties and responsibilities are delineated in “Pre -Production Meetings,” “Authority” and “Pre -Delivery Tests,” below. Contractor and resident inspector relations shall be governed by the guidelines included as Attachment A to this “Section 8: Quality Assurance.”
QA 2.2.2 Pre-Production Meetings
If there are Pre-Production Meetings scheduled, the primary resident inspector may participate in design review and pre-production meetings with the Agency. At these meetings, the configuration of the buses and the manufacturing processes shall be finalized, and all Contract documentation provided to the inspector.

No less than thirty (30) days prior to the beginning of bus manufacture, the primary resident inspector may meet with the Contractor’s quality assurance manager and may conduct a pre - production audit meeting. They shall review the inspection procedures and finalize inspection checklists. The resident inspectors may begin monitoring bus construction activities tw o weeks prior to the start of bus fabrication.

QA 2.2.3 Authority
Records and data maintained by the quality assurance organization shall be available for review by the resident inspectors. Inspection and test records for this procurement shall be available for a minimum of one year after inspections and tests are completed.

The Contractor’s gauges and other measuring and testing devices shall be made available for use by the resident inspectors to verify that the buses conform to all specification requirements. If necessary, the Contractor’s personnel shall be made available to operate the devices and to verify their condition and accuracy.

Discrepancies noted by the resident inspector during assembly shall be entered by the Contractor’s inspection personnel on a record that accompanies the major component, subassembly, assembly or bus from start of assembly through final inspection. Actions shall be taken to correct Exhibit A - CALACT MBTA Contract No. 18-01 NF
92 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

75 discrepancies or deficiencies in the manufacturing processes, procedures or other conditions that cause articles to be in nonconformity with the requirements of the Contract specifications. The inspection personnel shall verify the corrective actions and mark the discrepancy record. If discrepancies cannot be corrected by replacing the nonconforming mater ials, the Agency shall approve the modification, repair or method of correction to the extent that the Contract specifications are affected.

If applicable, the primary resident inspector shall remain in the Contractor’s plant for the duration of bus assembly Work under this Contract. Only the primary resident inspector or designee shall be authorized to release the buses for delivery. The resident inspectors shall be authorized to approve the pre-delivery acceptance tests. Upon request to the quality assura nce supervisors, the resident inspectors shall have access to the Contractor’s quality assurance files related to this procurement. These files shall include drawings, assembly procedures, material standards, parts lists, inspection processing and reports, and records of Defects.

QA 2.2.4 Support Provisions
The Contractor shall provide office space for the resident inspectors in close proximity to the final assembly area. This office space shall be equipped with desks, outside and interplant telephones, Internet access, file cabinet and chairs.

QA 2.2.5 Compliance with Safety Requirements
At the time of the Pre -Production meeting, the Contractor shall provide all safety and other operational restrictions that govern the Contractor’s facilities. These issues shall be discussed and the parties shall agree which rules/restrictions shall govern the Agency’s inspector(s) and any other Agency representatives during the course of the Contract.

QA 3. Acceptance Tests
QA 3.1 Responsibility
Fully documented tests shall be conducted on each productio n bus following manufacture to determine its acceptance to the Agency. These acceptance tests shall include pre -delivery inspections and testing by the Contractor and inspections and testing by the Agency after the buses have been delivered.

QA 3.2 Pre-Delivery Tests
The Contractor shall conduct acceptance tests at its plant on each bus following completion of manufacture and before delivery to the Agency. These pre -delivery tests shall include visual and measured inspections, as well as testing the total bus oper ation. The tests shall be conducted and documented in accordance with written test plans approved by the Agency.

Additional tests may be conducted at the Contractor’s discretion to ensure that the completed buses have attained the required quality and have met the requirements in Section 6: Technical Specifications. The Agency may, prior to commencement of production, demand that the Exhibit A - CALACT MBTA Contract No. 18-01 NF
93 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

76 Contractor demonstrate compliance with any requirement in that section if there is evidence that prior tests have been invali dated by the Contractor’s change of Supplier or change in manufacturing process. Such demonstration shall be by actual test, or by supplying a report of a previously performed test on similar or like components and configuration. Any additional testing shall be recorded on appropriate test forms provided by the Contractor and shall be conducted before acceptance of the bus.

The pre-delivery tests shall be scheduled and conducted with thirty (30) days’ notice so that they may be witnessed by the resident inspectors, who may accept or reject the results of the tests. The results of pre-delivery tests, and any other tests, shall be filed with the assembly inspection records for each bus. The underfloor equipment shall be available for inspection by the resident inspectors, using a pit or bus hoist provided by the Contractor. A hoist, scaffold or elevated platform shall be provided by the Contractor to easily and safely inspect bus roofs. If there is an on -site inspector, delivery of each bus shall require writte n authorization of the primary resident inspector.

Authorization forms for the release of each bus for delivery shall be provided by the Contractor.

An executed copy of the authorization shall accompany the delivery of each bus.

QA 3.2.1 Visual and Measured Inspections
Visual and measured inspections shall be conducted with the bus in a static condition. The purpose of the inspection testing includes verification of overall dimension and weight requirements, that required components are included and are ready for op eration, and that components and subsystems designed to operate with the bus in a static condition do function as designed.

QA 3.2.2 Total Bus Operation
Total bus operation shall be evaluated during road tests. The purpose of the road tests is to observe and verify the operation of the bus as a system and to verify the functional operation of the subsystems that can be operated only while the bus is in motion.

Each bus shall be driven for a minimum of fifteen (15) miles during the road tests. If requested, computerized diagnostic printouts showing the performance of each bus shall be produced and provided to the Agency. Observed Defects shall be recorded on the test forms. The bus shall be retested when Defects are corrected and adjustments are made. This process sha ll continue until Defects or required adjustments are no longer detected.

QA 4. Agency-Specific Requirements
QA 4.1 Pre-Delivery Bus Documentation Package (BDP)
The Contractor’s quality assurance organization shall be responsible for preparing a documentation package for each Bus. The BDP shall be inserted into a manila envelope which shall be labeled with the Agency name and the bus number on the front of the envelop e. This envelope shall be placed into the Bus and shall be presented to the Agency upon delivery.

At a minimum, each BDP shall contain the following items:

Exhibit A - CALACT MBTA Contract No. 18-01 NF
94 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

77  BDP Check-off Sheet listing the following:
 QA Certificate of Completion (signed by Contractor QC representative).  CNG pressure test certification – if applicable
 Water test Certification.
 Alignment and Steering Stop Adjustment Certification.  Smoke Opacity Test (Exhaust Emissions), if applicable.  “Completed Bus” Inspection document.
 Copy of defects noted during any Agency on-site inspection.  List of “Open Items”- if any
 VIN number (copy of bus data plate)
 Certificate of Origin
 Weight slip (curb weight)
 Certificate of compliance for high voltage/energy storage protective devices, if applicable.  Copy of FMVSS plate
 Component Serial Number List - List of serialized components installed on each Bus to include, but not limited to:
o Engine
o Transmission
o Alternator
o Starter
o A/C Compressor
o Drive Axle
o Power Steering Unit
o Air Compressor
o CNG Fuel Cylinders with installation location diagram. o Other serialized components for which the Contractor shall require serial numbers for the processing of warranty claims.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
95 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

78 SECTION 9: FORMS AND CERTIFICATIONS
CER 1. Proposer’s Checklist
RFP No. 18-01, Joint Procurement For Heavy Duty Transit Vehicles Package 1: Technical Proposal (Note: Package 1, 3 and 4 may be combined into one submittal.)
□ – 1. Letter of Transmittal
□ – 2. Acknowledgement of Addenda
□ – 3. Contractor Service and Support Data, References List □ 4. Vehicle Questionnaire
□ 5. Manufacturing facility plant layout including description of work by station □ 6. Warranty Provisions and Warranty Administration Plan, Written Service Plan □ 7. Quality Assurance Program
Package 2: Price Proposal (Package 2 must be a separate sealed submittal.) □ 1. Letter of Transmittal
□ 2. Pricing Worksheet (including option bus features)
Package 3: Qualifications Package
□ 1. Pre-Award Evaluation Data Form
□ 2. Authorized Factory Dealer Confirmation (If dealer submitted proposal) □ 3. A copy of the proposing firm’s three (3) most recent audited financial statements □ 4. Letter for insurance
□ 5. Proposal Form
□ 6. Required executed Certifications and Qualifications □ 7. FTA approval letter required for TVMs
Package 4: Proprietary/Confidential Information Package1 □ 1. Proprietary/Confidential Information

1. There may be items in the first three packages that are included in Package 4 because they are considered to be proprietary/confidential information. When this occurs, the Proposer must note that fact in Packages 1 through 3.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
96 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

79 CER 2. Request for Pre-Offer Change or Approved Equal This form must be used for requested clarifications, changes, substitutes or approval of items equal to items specified with a brand name and must be submitted as far in advance of the Due Date, as specified in “Questions, Clarifications and Omissions.” Please submit the document electronically with separate files for clarifications on the contract and each bus type. File names should describe the category of request made. Submissions are to be made in a single consolidated MS Word document per bus. Please d escribe the item requested, cite the s ection and attachment #, provide supporting information and suggested language for revision if appropriate to expedite a response.

Morongo Basin Transit Authority
RFP No. 18-01, Joint Procurement for Heavy Duty Transit Vehicles Request #:

Proposer:

RFP Section:

Page:

Questions/clarification or approved equal:

– Agency action: □ Approved
□ See addendum
□ Denied
□ See response below
Agency response:

Exhibit A - CALACT MBTA Contract No. 18-01 NF
97 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

80 CER 3. Acknowledgement of Addenda
Failure to acknowledge receipt o f all addenda may cause the Proposal to be considered nonresponsive to the Solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal.

The undersigned acknowledges receipt of the following addenda to the documents:

Addendum No.: – Dated:

Addendum No.: – Dated:

Addendum No.: – Dated:

Addendum No.: – Dated:

Proposer:

Name:

Title:

Phone:

Street address:

City, state, ZIP:
____________________________________________ ____________________________ Authorized signature Date

Exhibit A - CALACT MBTA Contract No. 18-01 NF
98 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

81 CER 4. Contractor Service and Parts Support Data
Location/s of nearest Technical Service Representative and Facilities to Agency Name:

Address:

Telephone:

Describe technical services readily available from said representative:

Location of nearest Parts Distribution Center/s to Agency:

Name:

Address:

Telephone:

Describe the extent of parts available at said center:

Policy for delivery of parts and components to be purchased for service and maintenance:

Regular method of shipment:

Cost to Agency:

Exhibit A - CALACT MBTA Contract No. 18-01 NF
99 Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

82 CER 5. Price Worksheet

The Price Worksheet is contained in a separate document that is an Excel Spreadsheet . Each Proposer is to complete the appropriate spreadshe et tabs, print and return an original with a “wet signature” with the required proposal forms. Proposers are to also provide the other copies as required in NR 3, Proposal Date and Submittal Requirements.

RFP 18-01 Att
C-Price and Options Worksheet REV 1.xlsx

Exhibit A - CALACT MBTA Contract No. 18-01 NF
100
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

83 CER 6. Pre-Award Evaluation Data Form
Instructions: This form is to be completed and included in the Qualification Package.

Attach additional pages if required.

Morongo Basin Transit Authority
RFP No. 18-01 for a Joint Procurement for Heavy Duty Transit Vehicles

1. Name of firm:

2. Address:

3. □ Individual □ Partnership □ Corporation □ Joint Venture

4. Date organized:

State in which incorporated:

5. Names of officers or partners:
a.
b.
c.
d.

6. How long has your firm been in business under its present name?

7. Have you been terminated or defaulted in the past five years, on any Contract you were awarded? Have you been barred by Federal process or any Western State? □ Yes □ No
If yes, then attach as SCHEDULE ONE the full particulars regarding each occurrence.

8. Attach as SCHEDULE TWO Proposer’s last three (3) financial statements prepared in accordance with generally accepted accounting principles of the jurisdiction in which the Proposer is located, and audited by an independent certified public accountant. [This may require execution of an acceptable non -disclosure agreement between the Agency and the Proposer.]

9. Attach as SCHEDULE THREE a list of all principal Subcontractors (if applicable) and the percentage and character of Work (Contract amount) that each shall perform on this Contract.

Note: A subcontractor is one that physically works on manufacturing the bus.

10. If the Contractor or Subcontractor is a joint venture, submit PRE-AWARD EVALUATION DATA forms for each member of the joint venture.

The above information is co nfidential and shall not be divulged to any unauthorized personnel.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
101
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

84 The undersigned certifies to the accuracy of all information:

Name and title: ___________________________________________________ Company: _______________________________________________________ __________________________________________ __________________ Authorized signature Date Exhibit A - CALACT MBTA Contract No. 18-01 NF
102
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

85 CER 7. Federal Certifications and Other Certifications CER 1.1 Buy America Certification
This form is to be submitted with an offer exceeding the small purchase threshold for federal assistance programs. To be completed and executed by manufacturer.

Certificate of Compliance
The Proposer hereby certifies that it shall comply with the requirements of 49 USC Section 5323(j)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, and the regulations of 49 CFR 661.11:

Name and title:

Company:

____________________________________________________ _______________________ Authorized signature Date

Certificate of Non-Compliance
The Proposer hereby certifies that it cannot comply with the requirements of 49 USC Sect ion 5323(j)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as amended, but may qualify for an exception to the requirements consistent with 49 USC Sections 5323(j)(2)(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation Assistance Act, as amended, and regulations in 49 CFR 661.7.

Name and title:

Company:

___________________________________________________ _______________________ Authorized signature Date Exhibit A - CALACT MBTA Contract No. 18-01 NF
103
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

86 CER 1.2 Debarment and Suspension Certification for Prospective Contractor Primary covered transactions must be completed by proposer for contract value over $25,000. To be completed by manufacturer (and dealer if applicable).

Choose one alternative:
□ – The Proposer, [insert name], certifies to the best of its knowledge and belief that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

2. Have not within a three-year period preceding this Proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or p erforming a public (federal, state or local) transaction or Contract under a public transaction; violation of federal or state antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in Paragraph 2 of this certification; and

4. Have not within a three -year period preceding this Proposal had one or more public transactions (federal, state or local) terminated for cause or default.

OR
□ – The Proposer is unable to certify to all of the statements in this certification, and attaches its explanation to this certification. (In explanation, certify to those statements that can be certified to and explain those that cannot.) The Proposer certi fies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of Title 31 USC § Sections 3801 are applicable thereto.
– Executed in [insert city and state].

Name:
__________________________________________________ _______________________ Authorized signature Date

Exhibit A - CALACT MBTA Contract No. 18-01 NF
104
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

87 CER 1.3 Debarment and Suspension Certification (Lower-Tier Covered Transaction) This form is to be submitted by each Subcontractor receiving an amount exceeding $25,000.

The prospective lower-tier participant (Proposer) certifies, by submission of this Proposal, that neither it nor its “principals” as defined at 49 CFR § 29.105(p) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency.

If the prospective Proposer is unable to certify to the statement above, it shall attach an explanation, and indicate that it has done so by placing an “X” in the following space: ______

THE PROPOSER, ________________________________________________,

CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND EXPLANATION, IF ANY. IN

ADDITION, THE PROPOSER UNDERSTANDS AND AGREES THAT THE
PROVISIONS OF 31 USC §§ 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND EXPLANATION, IF ANY.

Name and title of the proposer’s authorized official:

________________________________________________ _______________________ Authorized signature Date

Exhibit A - CALACT MBTA Contract No. 18-01 NF
105
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

88 CER 1.4 Non-Collusion Affidavit
This affidavit is to be filled out and executed by the Proposer; if a corporation makes the Proposal, then by its properly executed agent. The name of the individual swearing to the affidavit should appear on the line marked “Name of Affiant.” The affiant’s capacity, when a partner or officer of a corporation, should be inserted on the line marked “Capacity.” The representative of the Proposer should sign his or her individual name at the end, not a partnership or corporation name, and swear to this affidavit before a notary public, who must attach his or her seal. To be completed by manufacturer (and dealer if applicable).

State of ___________________________, County of _____________________________

I, ______________________________________, being first duly sworn, do hereby state that (Name of Affiant)

I am ______________________________ of _______________________________________ (Capacity) (Name of Firm, Partnership or Corporation) whose business is
____________________________________________________________________________

and who resides at
____________________________________________________________________________

and that
____________________________________________________________________________ (Give names of all persons, firms, or corporations interested in the Proposal)

is/are the only person(s) with me in the profits of the herein contained Contract; that the Contract is made without any connection or interest in the profits thereof with any persons making any bid or Proposal for said Wor k; that the said Contract is on my part, in all respects, fair and without collusion or fraud, and also that no members of the Board of Trustees, head of any department or bureau, or employee therein, or any employee of the Authority, is directly or indirectly interested therein.

___________________________________________________________ _______________ Signature of Affiant Date Sworn to before me this ______ day of ___________________,20_____.

_______________________________________________ Notary public My commission expires

Seal
Exhibit A - CALACT MBTA Contract No. 18-01 NF
106
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

89 CER 1.5 Lobbying Certification
This form is to be submitted with an offer exceeding $100,000. To be completed by manufacturer (and dealer if applicable).

The Proposer certifies, to the best its knowledge and belief, that:

1. No federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of a federal department or agency, a member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a member of the U.S. Congress in connection with 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 thereof.

2. If an y funds other than federal appropriated funds have been paid or shall be paid to any person for making lobbying contacts to an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congre ss in connection with this federal Contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instruction, as amended by “Government -wide Guidanc e for New Restrictions on Lobbying,” 61 Fed. Reg. 1413 (1/19/96).

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submis sion of this certification is a prerequisite for making or entering into this transaction imposed by 31, USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil pen alty of not less than $10,000 and not more than $100,000 for each such failure.

THE PROPOSER, _____________________________________________, CERTIFIES OR

AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH STATEMENT OF ITS CERTIFICATION AND DISCLOSURE, IF ANY. IN ADDITION, THE PROPOSER UNDERSTANDS AND AGREES THAT THE PROVISIONS OF 31 USC §§ 3801 ET SEQ.

APPLY TO THIS CERTIFICATION AND DISCLOSURE, IF ANY.

Name of the Proposer’s authorized official:
__________________________________________________

Exhibit A - CALACT MBTA Contract No. 18-01 NF
107
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

90 Title: ________________________________________________________________________

___________________________________________________ ________________________ Signature Date

Per paragraph 2 of the included form Lobbying Certification, add Standard Form –LLL, “Disclosure Form to Report Lobbying,” if applicable.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
108
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

91 CER 1.6 Certificate of Compliance with Bus Testing Requirement The undersigned certifies that the vehicle offered in this p rocurement complies and shall, when delivered, comply with 49 USC § 5323(c) and FTA’s implementing regulation at 49 CFR Part 665 according to the indicated one of the following three alternatives.

Mark one and only one of the three blank spaces with an “X.”

1. _____The buses offered herewith have been tested in accordance with 49 CFR Part 665 on _____________ (date). If multiple buses are being proposed, provide additional bus testing information below or on attached sheet. The vehicles being sold should have the identical configuration and major components as the vehicle in the test report, which must be submitted with this Proposal. If the configuration or components are not identical, then the manufacturer shall provide with its Proposal a description o f the change and the manufacturer’s basis for concluding that it is not a major change requiring additional testing. If multiple buses are being proposed, testing data on additional buses shall be listed on the bottom of this page.

2. _____The manufacturer represents that the vehicle is “grandfathered” (has been used in mass transit service in the United States before October 1, 1988, and is currently being produced without a major change in configuration or components), and submits with this Proposal the name and address of the recipient of such a vehicle and the details of that vehicle’s configuration and major components.

3. _____The vehicle is a new model and shall be tested and the results shall be submitted to the Agency prior to acceptance of the first bus.

The undersigned understands that misrepresenting the testing status of a vehicle acquired with federal financial assistance may subject the undersigned to civil penalties as outlined in the Department of Transportation’s regulation on Program Fraud Civil Remedies, 49 CFR Part 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer under the procedures in 49 CFR Part 29.

Company name:

Name and title of the proposer’s authorized official:

_____________________________________________________ _______________________ Authorized signature Date Exhibit A - CALACT MBTA Contract No. 18-01 NF
109
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

92 CER 1.7 DBE Approval Certification
I hereby certify that the Proposer has complied with the requirements of 49 CFR 26, Participation by Disadvantaged Business Enterprises in DOT Programs, and it has submitted a goal to Federal Transit Administration and it has not been disapproved.

Name and title of the proposer’s authorized official:

_________________________________________________ _______________________ Authorized signature Date

In addition, TVMs are to submit a copy of their FTA approval letter along w ith the above TVM certification.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
110
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

93 CER 1.8 Federal Motor Vehicle Safety Standards
The Proposer and (if selected) Contractor shall submit (1) manufacturer’s FMVSS self - certification sticker information that the vehicle complies with relevant FMVSS or (2) manufacturer’s certified statement that the c ontracted buses shall not be subject to FMVSS regulations.

Company name:

Name of signer:

Title:

_____________________________________ _______________________ Authorized signature Date

Exhibit A - CALACT MBTA Contract No. 18-01 NF
111
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

94 CER 1.9 Proposal Form
NOTE: The following is an example of a Proposal form to be modified as appropriate by the Agency and included in the RFP.

Proposer shall complete the following form and include it in the price Proposal.

PROPOSAL
By execution below by a duly authorized representative(s) of the Proposer, the Proposer hereby offers to furnish equipment and services as specified in its Proposal submitted to MBTA in response to Request for Proposal No. 18-01: Joint Procurement for Heavy Duty Transit Vehicles in its entirety.

Proposer:
____________________________________________________________________________ Street address:
____________________________________________________________________________ City, state, ZIP:
____________________________________________________________________________ Name and title of Authorized Signer(s):
__________________________________________________________________ Name and title of Authorized Signer(s):
__________________________________________________________________

Phone:
____________________________________________________________________________

___________________________________________________ _______________________ Authorized signature Date

___________________________________________________ _______________________ Authorized signature Date Exhibit A - CALACT MBTA Contract No. 18-01 NF
112
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

95 CER 1.10 Notice of Award

By execution below, Morongo Basin Transit Authority accepts Proposal as indicated above. (The Authority reserves the right to issue a Notice of Award and resulting contract that is separate from this document).

Contracting officer:
________________________________________________________________________

___________________________________________________ _______________________ Authorized signature Date

Exhibit A - CALACT MBTA Contract No. 18-01 NF
113
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

96 CER 8. Vehicle Questionnaire and Instructions (Attached)

The Vehicle Questionnaire is attached as an Excel Spreadsheet. Each Proposer is to complete the appropriate spreadsheet tabs, print and return an original with a “wet signature” with the required proposal forms. Proposers shall also provide the required Warranty Provisions. Proposers are to also provide the other copies as required in NR 3, Proposal Date and Submittal Requirements .

This form must be completed and included in the Technical Proposal.

Vehicle
Questionnaire RFP #18-01.xlsx

Exhibit A - CALACT MBTA Contract No. 18-01 NF
114
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

97 SECTION 10: CONTRACT

1. Contract Documents and Order of Precedence
The Contract consists of the documents listed below. In case of any conflict among these documents, the order of precedence shall be:

1. Form of Contract

2. “Section 4: Special Conditions”

3. “Section 3: General Conditions,” and “Section 5: Federal Requirements”

4. “Section 6: Technical Specifications,” “Section 7: Warranty Requirements,” and “Section 8: Quality Assurance”

5. Contractor’s Best and Final Offer (including Contractor Proposal)

6. Addenda

7. RFP No. 18-01
A modification or change to any Contract document shall ta ke its precedence from the term it amends. All other documents and terms and conditions shall remain unchanged.

2. Compensation
The P rice Worksheet is Attachment 1 to this Contract. Each ordering Agency shall pay the Contractor the amount shown on the Ord ering Confirmation Form as full compensation for all costs and expenses of completing the Work in accordance with the Contract, including but not limited to all labor and material required, overhead, storage and shipping, risks and obligations, taxes (as applicable), fees and profit, and any unforeseen costs.

3. Contract Term and Period of Performance
The effective date of this Contract shall be the effective date set forth in the Notice to Proceed (NTP). The Contractor shall provide vehicles under the Schedule for a period of two (2) years after the effective date of the Contract, upon receipt of the NTP.

4. Contract Type
This is an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract. The minimum and maximum quantities established for the contract period are identified in Appendix “C” and “G.” These figures represent the foreseeable needs of the listed Agencies shown on Appendix “C”. ONLY these firms shall be able to be order vehicles from this joint procurement. Neither MBTA, CalACT nor any other pa rticipant guarantee any purchase beyond the minimum quantity for the base contract period. Orders shall be placed on an as-needed basis.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
115
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

98 5. Notices
Any Notice legally required to be given by one party to another under the Contract shall be in writing, dated and signed by the party giving such Notice or by a duly authorized representative of such party.

Notices shall not be effective unless transmitted by any method that provides confirmation of transmission and delivery, such as fax, certified mail or registered mail and addressed to:

To Agency:

Mr. Joe Meer, Director of Cooperative Purchasing Programs Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
[Insert Contractor name, address and point of contact]

6. Entire Agreement
This Contract constitutes the complete and entire agreement between the Agency and Contractor and supersedes any prior representations, understandings, and communications, commitments, agreements or Proposals, oral or written that are not incorporated as a part of the Contract.

______________________________________
Contractor name

______________________________________
Agency name
______________________________________
Signature of authorized official
______________________________________
Signature of authorized official
______________________________________
(Print or type name and title)
______________________________________
(Print or type name and title)
______________________________________
Date
______________________________________
Date
_______________________________
Tax ID number
Approved as to form by:

______________________________________
Insert name and title

Exhibit A - CALACT MBTA Contract No. 18-01 NF
116
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

99 Attachment 1 – Pricing Form

[INSERT COMPLETED AND EXECUTED PRICING FORM]

Exhibit A - CALACT MBTA Contract No. 18-01 NF
117
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

100

SECTION 11: APPENDIXES
Appendix -A-1 – High Floor Bus
Att A-1 (H-HF) RFP
#18-01 REV 1.pdf

Appendix A-2 – Low Floor 30 – 35 Foot
Att A-2 (H-LF
30-35') RFP #18-01 REV 1.pdf

Appendix A- 3 – Low Floor 35 – 40 Foot
Att A-3 (H-LF 35-40')
RFP #18-01 REV 1.pdf

Appendix A-4 – Commuter

Att A-4 (H-OTR-)
RFP #18-01 REV 1.pdf

Appendix A-5 – RE Trolley
Att A-5 (H-TR) RFP
#18-01 REV 1.pdf

Exhibit A - CALACT MBTA Contract No. 18-01 NF
118
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

101

Appendix B: Visual Inspection and Road Test Forms
Guide for Inspection: Coach
Manufacturer________________________
The Following Items Should Be Inspected Coach
Number____________________________
on Every Coach of Each Order Test
Location_____________________________

ITEM REQUIREMENT INSPECTION

INSTRUCTION

RESULT INSPECTOR/
DATE

REMARKS/NOTES
Curb
Weight
Maximum curb
weight of lb.

Measure on certified
scale, front and rear
axles
Weight
FMVSS
Stickers
Affixed to vehicle Locate sticker Pass/Fail
Finish and
Color
Smooth body
surfaces and paint
Visually inspect all
surfaces for flaws
Pass/Fail
Interior
Panel
Fastening
Absence of rough
edges or surfaces
Visually inspect for
proper installation
Pass/Fail
Towing
Devices
Provision of towing
eyes (front/rear)
Verify presence of
towing eyes
Pass/Fail
Door
Control
Opening time of
sec.

Verify door opening
time frame
Pass/Fail
Interior
Lighting
Lighting operable
without engine
Switch on all interior
lights
Pass/Fail
Exterior
Lighting
All vehicle lights
operable
Switch on and verify
lamps are on
Pass/Fail
Fuel Tank Fill rate and filler
location
Inspect filler for easy
access and check fill
rate
Pass/Fail
Chassis Welds, axles,
suspension,
steering, wheels,
and brakes
Inspect for leaks, and
interference. Check
fluid levels, welds,
undercoating, air
lines, brake slack,
and lug nuts
Pass/Fail
Electrical Wiring and junction
boxes
Inspect for loose or
stretched wires
Pass/Fail
Exhibit A - CALACT MBTA Contract No. 18-01 NF
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Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

102

Batteries Secured and
polarized wiring
access for jump start
Inspect compartment
and jumper cable
access
Pass/Fail
HVAC Capacity and
performance
Operate AC, check
compressor,
condenser, flow, and
temperature
Pass/Fail
Wheelchair
Access
Clear lift or ramp
access, and
securement area
Operate lift or ramp,
inspect operation,
measure areas
Pass/Fail
Power
Plant
Mounting and
arrangement
Check for loose
lines, leaks, and
noises. Check fluid
levels, belt
alignment, and cap
fit
Pass/Fail
Exhibit A - CALACT MBTA Contract No. 18-01 NF
120
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

103

SAMPLE ROAD TEST SHEET
Guide for Inspection: Coach
Manufacturer________________________
The Following Items Should Be Inspected Coach
Number____________________________
on Every Coach of Each Order

Test
Location______________________________

ITEM REQUIREMENT INSPECTION

INSTRUCTION

RESULT INSPECTOR
/DATE

REMARKS/
NOTES
Engine N/A Record low idle,
fast idle, and
high idle speeds
Low
Fast
High

Service
Brakes
Stopping distance Verify function
and indicator,
check for pulling
to either side
Pass/Fail
Parking
Brake
N/A Verify indicator,
and no
movement
Pass/Fail
Turning
Effort
Steering wheel
torque
Check effort with
coach stopped
Pass/Fail
Turning
Radius
Not to exceed at
corner of body
Verify turning
radius in both
directions
Pass/Fail
Acceleration rate from 0 to
mph
Verify
acceleration on
smooth road
Pass/Fail
Resonance Absence of
audible and/or
visible vibrations
Operate coach at
various speeds,
check for
vibrations and
rattles
Pass/Fail
Windshield
Wipers
Evenly deposited
wash fluid
Operate coach at
safe speed over
40 mph, check
coverage,
parking position,
Pass/Fail
Exhibit A - CALACT MBTA Contract No. 18-01 NF
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Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

104

and wiper
frequency
Power Plant N/A Check for leaks
under coach and
in engine
compartment,
check for
abnormal noises
Pass/Fail
HVAC Interior
temperature
Operate system,
check internal
and ambient
temp.

Int.

Amb.

Door Control Accelerator and
brake interlocks
At speeds less
than 10 mph,
verify accelerator
and brake
interlocks with
door open
Pass/Fail
General N/A During testing,
observe any
abnormalities in
ride and handling
of coach
Pass/Fail

____________________________________ _________________________ Signature of Inspector Date

Exhibit A - CALACT MBTA Contract No. 18-01 NF
122
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

105

Appendix C Participants List
RFP No. 18-01 PARTICIPANTS LIST

RFP 18-01
Participating Agencies List REV 1.pdf

Participating Agencies RFP 18-01 1

Exhibit A - CALACT MBTA Contract No. 18-01 NF
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Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

106

Appendix D, References
SAE # Title Date
Published
J10 – Methods of Test for Pa ints - Part J10: Determination of Deposition Efficiency of Coating Powders
– Sep 15, 1998
– J211 – Instrumentation for Impact Test —Part 2: Photographic Instrumentation
– May 1, 2001
– J287 – Driver Hand Control Reach – Feb 1, 2007
– J366 – Exterior Sound Level for Heavy Trucks and Buses – Feb 1, 1987 – J382 – Windshield Defrosting Systems Performance Requirements - Trucks, Buses, and Multipurpose Vehicles.
– Jan 1, 1994
– J534 – Lubrication Fittings – May 1, 2008
– J537 – Storage Batteries – Sep 1, 2000
– J541 – Voltage Drop for Starting Motor Circuits – Oct 1, 1996 – J587 – License Plate Illumination Devices (Rear Registration Plate Illumination Devices)
– Sep 1, 2003
– J593 – Backup Lamps (Reversing Lamps) – Sep 1, 2005
– J673 – Automotive Safety Glasses – Oct 1, 2005
– J680 – Location and Operation of Instrum ents and Controls in Motor Truck Cabs, Recommended Practice
– Sep 1, 1988
Exhibit A - CALACT MBTA Contract No. 18-01 NF
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Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

107

– J686 – Motor Vehicle License Plates – Oct 1, 1999
– J689 – Curbstone Clearance, Approach, Departure, and Ramp Breakover Angles—Passenger Car and Light Truck
– Aug 1, 2009
– J833 – Human Physical Dimensions – May 1, 2003
– J844 – Nonmetallic Air Brake System Tubing – Nov 1, 2004 – J941 – Motor Vehicle Drivers’ Eye Locations – Mar 1, 2010 – J994 – Alarm—Backup—Electric Laboratory Performance Testing – Mar 1, 2009 – J1050 – Describing and Measuring the Driver's Field of View Jan 1, 2003 – J1113 – Electromagnetic Compatibility Component Test Procedure Part 42, Conducted Transient Emissions
– Oct 1, 2006
– J1127 – Low Voltage Battery Cable – Mar 1, 2010
– J1128 – Low Voltage Primary Cable – Dec 1, 2005
– J1149 – Metallic Air Brake System Tubing and Pipe – Aug 1, 2007 – J1292 – Automobile and Motor Coach Wiring Jan 1, 2008 – J1455 – Recommended Environmental Practices for Electronic Equipment Design in Heavy-Duty Vehicle Applications
Jun 1, 2006
– J1587 – Joint SAE/TMC Electronic Data Interchange betwe en Microcomputer Systems in Heavy -Duty Vehicle Applications, Recommended Practice
– Jan 1, 1996
Exhibit A - CALACT MBTA Contract No. 18-01 NF
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Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

108

– J1708 – Serial Data Communications Between Microcomputer Systems in Heavy-Duty Vehicle Applications
– Oct 1, 2008
– J1986 – Balance Weight and Rim Flange Design Specifi cations, Test Procedures, and Performance Recommendations
– Jan 1, 2006
– J1939 – Data Link Layer – Dec 1, 2006
– J1995 – Engine Power Test Code - Spark Ignition and Compression Ignition - Gross Power Rating, Standard;
– Jun 1, 1990
– J2402 – Road Vehicles—Symbols for Controls, Indicators, and Tell-tales Jan 1, 2010 – J2711 – Recommended Practice for Measuring Fuel Economy and Emissions of Hybrid -Electric and Conventional Heavy -Duty Vehicles
– Sept 1, 2002

Exhibit A - CALACT MBTA Contract No. 18-01 NF
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Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

109

Appendix E, Abbreviation and Acronyms
A/C air conditioning
ABS anti-lock braking system
AC alternating current
ACQ alkaline copper quaternary
ADA Americans with Disabilities Act
Ah amp hour
ALR auto-locking retractor
APA The Engineered Wood Association, formerly the American Plywood Association APC automatic passenger counter
APTA American Public Transportation Association
ASTM ASTM International, formerly the American Society for Testing and Materials ATC automatic traction control
AVL automatic vehicle location
AWG American Wire Gauge
BAFO Best and Final Offer
BMS Battery Management System
CalACT California Association for Coordinated Transportation Caltrans California Department of Transportation
CARB California Air Resources Board
CCS climate control system
CCTV closed-circuit television
cfm cubic feet per minute
CGA Compressed Gas Association
CNG compressed natural gas
dB decibel
DBE disadvantaged business enterprise
DC direct current
DDU driver display unit
DEF diesel exhaust fluid
DOT Department of Transportation
DPF diesel particulate filter
ECM Engine Control and Monitoring
ECS emission control system
ELR emergency locking retractor
EMI electromagnetic interference
EPA Environmental Protection Agency
ESS energy storage system
FEA Finite Element Analysis
FEMA failure mode effects analysis

Exhibit A - CALACT MBTA Contract No. 18-01 NF
127
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

110

FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulations
FMVSS Federal Motor Vehicle Safety Standards
FTA Federal Transit Administration
GAWR gross axle weight rated
GPS global positioning system
GVW gross vehicle weight
GVWR gross vehicle weight rated
H-point hip-point
HDS hybrid drive system
HMI human-machine interface
HSC hybrid system controller
HV high voltage
HVAC heating, ventilation and air conditioning
I/O input/output
IEEE Institute of Electrical and Electronics Engineers
ISO International Standards Organization
LEL LED emergency light
LV low voltage
mA milliamp ere
MBTA Morongo Basin Transit Authority
MDT mobile data terminal
MPa mega-Pascal
NC normally closed
NFPA National Fire Protection Association
NGV natural gas vehicle
NOx nitrogen oxide
NO normally open
NTP notice to proceed
NVLAP National Volunteer Laboratory Accreditation Program OEM original equipment manufacturer
OSI Open Systems Interconnect
PA public address
PMO project management oversight
PPU primary propulsion unit
PPU prime power init
PPV price per vehicle
PRD pressure relief device
psi pounds per square inch
RF radio frequency
RFI radio frequency interference

Exhibit A - CALACT MBTA Contract No. 18-01 NF
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Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

111

RTC real-time clock
SAE SAE International, formerly the Society of Automotive Engineers scf standard cubic feet
SLW seated load weight
SOC state of change
UL Underwriters Laboratories
UNECE United Nations Economic Commission for Europe
VDC volts of direct current
Wh watt-hours
VIN vehicle information number

Exhibit A - CALACT MBTA Contract No. 18-01 NF
129
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

112

Appendix F, CA ADA SALES TAX
The following is a listing of items which are exempt from California Sales Tax. Contractor shall review these items and determine the gross value of the items which will be installed on the proposed Bus. In calculating the Sales or Use Tax, the Contractor shall indicate the gross value of the items including material, labor, overhead and profit. When the Vehicle is registered and the Use or Sales Tax is paid , the Contractor shall pay the Sales or Use Tax on the adjusted value of the Bus.

Wheelchair System
 Wheelchair lift and lift control panel.
 Brake-accelerator-wheelchair lift interlock.
 Rear/Front door wheelchair lift disarming switch/key at driver’s position.  Lights above wheelchair boarding position (floodlight).  External/internal public address system.
 Fold-up seats.
 Seat belts with storage box for wheelchair patron.
 Wheelchair securement devices.
 Wheelchair securement straps.
 Kneeling System
 Kneeling mechanism.
 Brake-throttle-kneeling interlock.
 Illuminated indicator on driver’s panel.
 Control switch on driver’s panel.
 Warning system (lights and audible alarm).

Exhibit A - CALACT MBTA Contract No. 18-01 NF
130
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01

113

Miscellaneous
 Modifications to doorways, loading area, aisle, and passenger’s assist design.  Signs and Decals
 Non-Skid Flooring
Gross Value of Items Exempt from California Sales Taxes $__________

Exhibit A - CALACT MBTA Contract No. 18-01 NF
131
Request for Proposal
Issued July 13, 2018
Rev 1 August 31, 2018
RFP 18-01
114
Appendix G, Proposal Deviation Form.

Proposal Deviation
Form RFP 18-01.docx
Exhibit A - CALACT MBTA Contract No. 18-01 NF
132

MORONGO BASIN TRANSIT AUTHORITY
ADDENDUM NO. 1
Vehicle RFP #18-01
Date Issued: August 31, 2018
The following clarifications, amendments, additions, deletions, revisions and/or modifications form a part of the documents, and change original or previously issued documents only in the manner and to the extent stated. The contract price shall reflect all addendum changes and each proposer submit with the proposal, a copy of this Addendum.

Items requested by proposers in the RFP’s approved equal and request for comment period that are not addressed by addendum or included by reference are to be considered denied.

MBTA revises and reissues RFP #18-01 as follows:

Revisions to RFP commercial terms

1. Section 2, IP 1, page 8. Scope of work revised.

2. Appendix C, page 106. Revised. Information for quantities by vehicle type added.

3. Appendix G, page 114. Proposal Deviation Form Added.

4. IP 12.4, page 18. Proposal Evaluation Process. Scoring table revised. Conformance to RFP added as additional criteria.

5. SP 4, page 40. Clarification added and due date revised.

6. SP 6, page 41. Ordering Procedures language revised.

7. Section 4, SP 7.1, page 43. SP 13.1, page 48. SP 19, page 50. References to “Cooperative” replaced with “MBTA.”

8. WR 1.1.6. Warranty information added for subsystems. (From APTA Standard)

9. WR 2.2, Provision added.

10. WR 2.3.5, page 68. Warranty work reimbursal provision revised.

11. GC 7.1, page 28. Revised.

12. Approved Equals Summary worksheet is provided and posted. Please refer to the summary for your convenience in reference to the Approved Equals and Responses.

Revisions to Technical Attachments
General

1. CER 5, page 81. Price Worksheet revised as attached.

For Attachment A-1

1. Item 1.0 and 2.0. ISO provision revised.

2. Item 8.4, reference to center light above rear window deleted.

3. Item 8.6. References to Docket 90 and under seat retractable seatbelts are removed.

4. Item 10.2, additional detail for decals/signage option is provided.

5. Item 6.0, Fire suppression language updated.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
133
For Attachment A-2

1. Item 1.0 and 2.0. ISO provision revised.

2. Item 8.4, reference to center light above rear window deleted.

3. Item 8.6. References to Docket 90 and under seat retractable seatbelts are removed.

4. Item 9.4, AC requirements revised.

5. Item 10.2, additional detail for decals/signage option is provided.

6. Item 6.0, fire suppression language updated.

7. Item 4.6, reference to B300 deleted.

For Attachment A-3

1. Item 1.0 and 2.0. ISO provision revised.

2. Item 4.6, reference to B300 deleted.

3. Item 7.6. Diesel Hybrid Option. Requirements added.

4. Item 8.4, reference to center light above rear window deleted.

5. Item 8.6. References to Docket 90 and under seat retractable seatbelts are removed.

6. Item 9.4, AC requirements revised.

7. Item 10.2, additional detail for decals/signage option is provided.

8. Item 6.0, fire suppression language added.

For Attachment A-4

1. 1.0, Scope language updated.

2. 5.10, fire suppression language updated.

3. 6.7, wheel area clearance requirement removed.

4. 10.5, Fire suppression language updated.

5. 48.4, seating language revised.

6. 73.7, interior paneling specification revised.

7. 70, additional detail for decals/signage option is provided.

For Attachment A-5

1. Item 10.2, additional detail for decals/signage option is provided.

2. Item 6.0, fire suppression language updated.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
134

MORONGO BASIN TRANSIT AUTHORITY
ADDENDUM NO. 2
Vehicle RFP #18-01
Date Issued: September 14, 2018
The following clarifications, amendments, additions, deletions, revisions and/or modifications form a part of the documents, and change original or previously issued documents only in the manner and to the extent stated. The contract price shall reflect all addendum changes and each proposer submit with the proposal, a copy of this Addendum.

Items requested by proposers in the RFP’s approved equal and request for comment period that are not addressed by addendum or included by reference are to be considered denied.

MBTA revises and reissues RFP #18-01 as follows:

Revisions to RFP commercial terms

1. Section NR 2, page 5. Proposal Submission due date is revised to Friday, October 12, 2018 at 11 am. All other submission requirements including place of submission remain the same.

2. NR 2, #3, page 5. Clarification statement. MBTA reiterates that hardcopy proposals are to be submitted per vehicle proposed separately as described in NR2, however the submissions may be combined electronically in a single USB drive with file folders marked and labeled. CNG and diesel variants of the same bus model are not considered separate “vehicles” and may be submitted in the same proposal with pertinent technical and testing information to be provided.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
135

MORONGO BASIN TRANSIT AUTHORITY
AMENDMENT NO. 4
Vehicle RFP #18-01
Date Issued: November 30, 2018
The following clarifications, amendments, additions, deletions, revisions and/or modifications form a part of the documents, and change original or previously issued documents only in the manner and to the extent stated. The contract price shall reflect all addendum changes and each proposer submit with the proposal, a copy of this Addendum.

Items requested by proposers in the RFP’s approved equal and request for comment period that are not addressed by addendum or included by reference are to be considered denied.

MBTA revises RFP #18-01 as follows:

Revisions to RFP commercial terms

1. MBTA clarifies WR 1.4 (Fleet Defects) as follows: Fleet defect rule does not apply to normal wear-and-tear items or the following major components: engine, transmission, and HVAC. However, if the fleet defect percentage is reached in a major component, it is expected that the manufacturer will fully support and assist the purchasing agencies with obtaining the appropriate remedy from the major component supplier. The fleet defect provision remains in force for all other components and structural elements proposed.

The BAFO process with submissions due December 15, 2018 will be applied to bus models proposed towards RFP 18-01 attachments A-2 and A-3 in order for pricing to reflect the above clarification.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
136

VEHICLE SPECIFICATIONS
Cal ACT -MBTA
(35 -40’) Low Floor Heavy Duty Bus
(CNG/Diesel)
REQUEST FOR PROPOSAL #18-01
Rev.1 08312018
ATTACHMENT A-3
Cal ACT/ MBTA Class H-LF
Morongo Basin Transit Authority
Lead Agency for the
California Association for Coordinated
Transportation Vehicle Purchasing Cooperative
July 2018
Exhibit A - CALACT MBTA Contract No. 18-01 NF
137

TABLE OF CONTENTS

1.0 SCOPE

2.1 APPLICABLE STANDARDS, LAW AND REGULATIONS

2.2 ALTOONA BUS TESTING

3.0 VEHICLE TYPES AND SPECIFICATIONS TABLE

4.1 SPECIFICATION REQUIREMENTS

4.2 VEHICLE LOADING

4.3 UNLADEN WEIGHT

4.4 ENGINE

4.5 CNG

4.6 TRANSMISSION

4.7 BRAKES

4.8 HUB ODOMETER

4.9 RADIATOR

4.10 EXHAUSTS

5.1 FRONT SUSPENSION

5.2 PASSENGER DOORS

6.1 FIRE SUPPRESSION

6.2 DAMPENING

6.3 STABILITY

6.4 REAR SUSPENSION

6.5 REAR SPRINGS-Page

6.6 REAR DAMPENING

6.7 REAR STABILITY

6.8 KNEELING

6.9 FRONT AXLE ASSEMBLY

6.10 REAR AXLE ASSEMBLY

7.1 BRAKES

7.2 ANTI BLOCKING

7.3 PARKING/EMERGENCY BRAKES

7.4 HIGH IDLE

7.5 AUTOMATIC SHUTDOWN

7.6 SPARE WHEEL/TIRE

7.7 DIESEL/HYBRID OPTION

7.8 UNDERCOATING

7.9 FIREWALL

7.10 MUD FLAPS

8.1 EXTERIOR SKINS

8.2 BATTERY COMPARTMENT

8.3 BUMPERS

8.4 PAINT

8.5 LIGHTING

8.6 MODESTY PANELS

8.7 PASSENGER SEATING

8.8 INTERIOR LIGHTING
Exhibit A - CALACT MBTA Contract No. 18-01 NF
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8.9 DRIVERS SEAT

8.10 FLOORS

9.1 FLOOR COVERING

9.2 STANCHIONS

9.3 WHEELCHAIR LIFT/RAMP

9.4 WHEELCHAIR RESTRAINTS

9.5 HEATING AND A/C

9.6 ROOF HATCH

9.7 ALTERNATOR

9.8 BATTERIES

9.9 ELECTRICAL/WIRING

9.10 FRONT & SIDE DESTINATION SIGNS

10.1 WINDOWS

10.2 MIRRORS

10.3 PAINT, DECALS & MONOGRAMS

10.4 PARTS BOOKS, MANUALS AND DRAWINGS

10.5 PUBLIC ADDRESS SYSTEM

Exhibit A - CALACT MBTA Contract No. 18-01 NF
139
SPECIFICATIONS FOR PURPOSE BUILT HEAVY DUTY BUSES (30-32’)

1.0 SCOPE
The purpose of the specifications is to set forth minimum requirements for a vehicle with Federal Transit Administration (FTA) minimum service life category of 12 years/500,000 miles capable of seating ambulatory and wheelchair passengers. Vehicle proposed and logistical support provided must consider that the solicitation is intended primarily for CalACT small and rural members who may purchase as few as one (1) custom ordered vehicle at a time. The basic vehicle, both chassis and body, must be a current year factory production model that is catalogued by the manufacturer and for which manufacturer's published literature and printed specifications are currently available. The bus manufacturer shall be ISO 9001:2000 certified.* This specification is intended for use in the purchase of a complete vehicle unit and all equipment and accessories necessary for its operation. All parts shall be new. All parts, equipment, and accessories shall be completely installed, assembled and/or adjusted as required. Each unit is to be equipped with a right side (curb side) mobility aid ramp at the front door.

2.1 APPLICABLE STANDARDS, LAW AND REGULATIONS
The following standards, law and regulations of the issue in effect on the date of the Invitation for Bid form a part of this specification to the extent specified herein.

The bus is required to meet all regulations, standards and laws including revisions, at time of bus acceptance and through the term of the contract.  Federal Motor Vehicle Safety Standards (FMVSS)
 Code of Federal Regulations Title 49, Chapter V-National Safety Bureau, Part 38 Subpart B, Part 567, 568, 571 and 665
 California Vehicle Code and CCR Title 13 regulations as applicable to transit vehicles
 California Health and Safety Code
 California Air Resources Board and Environmental Protection Agency Standards and Guidelines
 OEM Body Builders Standards and Guidelines
 National Fire Protection Agency Regulations 52
 Society of Automotive Engineers (SAE) and International Standards Organization (ISO)*
*MBTA may accept a quality assurance manual submitted in lieu of ISO certification subject to review of the document and onsite verification that the procedures cited are in place. Proposing firms in this case are to submit one (1) hardcopy of the Quality Control Manual with their response to the RFP.

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2.2 ALTOONA BUS TESTING: Bidders for Class H vehicles will provide documents to verify vehicles offered are delivered in compliance with 49 CFR 665. Altoona test must be completed and a satisfactory test report (Hardcopy and electronic version on CD) provided to the Cooperative’s prior to final acceptance of the first vehicle by a federally funded recipient. Correspondence detailing remedial action taken to mitigate any Altoona test structural failures must be provided to the satisfaction of the MBTA. Failure to comply with these requirements will result in nullification of conditional award.

3.0 VEHICLE TYPES AND SPECIFICATIONS
Vehicles solicited for in this attachment are as follows:

Class H-Low Floor: This specification is for a rear engine, low floor commercial bus suitable for transporting both ambulatory and non-ambulatory passengers in both rural and urban areas. The bus shall have a standard wheelchair ramp to facilitate entry by passengers including those in a wheelchair. The bus shall meet all requirements of the Americans with Disabilities Act even though the specific items may not be listed in detail in this specification. The bus shall be of the Low Floor type and shall have a kneeling feature to lower the bus a minimum 2.5” when the passenger door is opened.

Ordering agency shall have the option of ordering the wheelchair ramp at the front and/or center doors.

The base vehicles solicited for in this attachment have lengths and capacities identified in the price and options worksheet.

7.0 SPECIFICATION REQUIREMENTS
These specifications apply to all components of Class H vehicles unless otherwise stated
VEHICLE LOADING: In no case shall the vehicle GVWR or the front or rear gross axle weight rating (GAWR) or any components therein, exceed the OEM Chassis rating, when the vehicle with all options installed is fully loaded with passengers 150 lbs. per ambulatory seated passenger and driver, 250 lbs. per mobility aid passenger. A weight distribution schematic and loading calculation must be shown for each floor plan and submitted with bid for each floor plan offered. Loading calculations must be made with full tanks of fuel.

4.2 UNLADEN WEIGHT: A copy of a weight certificate from an NVLAP certified (or acceptable 3rd party certification program accepted by MBTA) scale showing unladen front and rear axle weights of the vehicle with a full fuel tank, must be submitted for each vehicle at the time of delivery to the ordering agency.

4.3 BASE CNG ENGINE: Base vehicle to be equipped with Cummins L9N “Near Exhibit A - CALACT MBTA Contract No. 18-01 NF
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Zero” (or approved equal) heavy-duty turbo-charged and charge air-cooled, in- line 6-cylinder electronic controlled natural gas (CNG) engine. The CNG engine shall be a minimum of 280 HP and have a minimum peak torque of 900 LB-FT.

EMP electric fan cooling system or approved equal is required. Electric fans shall be brushless, variable speed, reversible and have a corrosion resistant metal shroud with finger guards that meet SAE spec J1308 200808. The fans should provide electronic feedback control and have diagnostics capability through the standard SAE J1939 diagnostics port. The cooling system shall consist of multiple electric DC brushless pusher type variable speed fans with electronic feedback controls. Electric fan motor speeds shall have a minimum operating range of 0- 5500 rpm with capability of manual or automatic reverse operation in order to assist in debris removal.

The cooling system shall be equipped with a master controller with the following capabilities; automatically reduce fan speed when the vehicle stops to minimize noise at the curbside, communicate on the J1939 CAN data link with system diagnostic retorting via DM1 messaging, review and download data via a laptop with service tool software, capable of software and calibration up-dates, receive commands from the engine or transmission ECM, report fault codes by lighting a engine compartment LED flashing light, sense engine compartment temperature and activate fans if maximum temperature is exceeded, collect and store cooling sy stem and vehicle performance histogram data. Service tool software must include history, data and logging analysis tool. If system controller loses communication with the engine or sensors it shall direct all fans to go into a default speed mode to avoid vehicle shutdown. If fans lose communication with system controller, they shall go into a default speed mode to avoid vehicle shutdown.

System must allow for engine warm up prior to initiating engine compartment circulation. Curbside quit mode must rely on two vehicle speed sources.

Telematics must be able to query cooling system for performance/malfunction data and reverse fans.

This communication shall use the industry standard RP1210 compliant datalink adapters connected via the standard 9-pin diagnostic connector found in the engine compartment and interior of the bus. Independent diagnostic detection shall be capable of identifying specifically which fan, measured input parameter, or datalink input parameter is experiencing a fault condition. Report both active and previously active fault codes with the number of detections/occurrences, time of the first and most recent fault detection, and cumulative time the fault was active. Where electric fans are used for cooling there shall be ample field experience. As a minimum, 500 electric fan based cooling systems shall be in transit revenue generating operation for at least 4 years.

The radiator shall be, at a minimum, heavy duty, with ten (10) fins per inch, of durable corrosion–resistant construction welded tanks. Radiator piping shall be Exhibit A - CALACT MBTA Contract No. 18-01 NF
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stainless steel or brass tubing and if practicable, rubber hoses shall be eliminated. Necessary hoses shall be premium, silicone rubber type that are impervious to all coach fluids. All hoses shall be secured with premium, stainless steel, self–adjusting constant torque type clamps with a collared screwdriver head manufactured by Ideal.

The radiator, and charge air cooler if integrated, shall be of durable corrosion– resistant construction welded tanks. The radiator shall be designed so a mechanic can gain access to a substantial portion of the side facing the engine for cleaning the radiator in five minutes or less.

4.4 BASE DIESEL ENGINE: If requested by an ordering Agency, the Contractor shall provide as an option rear mounted Cummins – L9 (or approved equal) heavy-duty diesel engine. The diesel engine shall be a minimum of 280 HP and have a minimum peak torque of 900 LB-FT. EMP or approved equal electric fan cooling system is required. Electric fans shall be brushless, variable speed, reversible and have a corrosion resistant metal shroud with finger guards. The radiator, and charge air cooler if integrated, shall be of durable corrosion-resistant construction. Radiators shall have a fin density 10 fins per inch or less and shall not have louvered/slit designs. Radiators shall utilize a bar and plate design so
they are robust and can be cleaned with high pressure spray wash. Proposer may offer and show as priced options additional engines in a separate attachment to be approved by the Cooperative.

4.5 FUEL SYSTEMS: Diesel vehicles to be equipped with a DOT approved steel fabricated tank with a minimum 125 gallon capacity located behind the rear axle.

Diesel fuel tank may not be located within the passenger compartment of the bus. Fuel fill to be located on the curbside of the bus. The fuel fill to be located under a curbside access door.

CNG powered base vehicle to be equipped with DOT, NFPA 52 approved and State of California (CARB) certified compressed natural gas (CNG) fuel system with Three (3) chassis mounted 3,600 PSI all composite gas cylinders equaling a minimum 9,400 SCF fuel. Cylinders are equipped with a 212 degrees Fahrenheit thermal pressure relief valve (PRD) and electrical solenoid shutoff valves. High-pressure relief is vented to the atmosphere at roof line.

A high-pressure regulator to be installed outside the engine compartment, which reduces the gas pressure from 3,600 PSI to 100 PSI. This regulator is equipped with a safety electrically controlled lock off valve. The high-pressure regulator delivers 100 PSI gas to an engine mounted low-pressure converter regulator. NGV-2 3600 psi rated fill receptacle sized at buyers choice, no extra cost. A CNG de-fueling port to be located in the fueling compartment. Tanks installed underneath the vehicle should not hang below the departure angle of the bus when measured from the bottom of the rear duals to the rear bumper.

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4.6 TRANSMISSION: Allison B400R (or approved equal) five-speed, push-button automatic transmission or approved equal with an integral output hydraulic brake retarder with RELS reduced engine load at stop. The transmission to have a duty cycle rating of 45,000 lbs. GVWR.

4.7 HUB ODOMETER: The bus shall be equipped with a hub odometer mounted at the curbside of the rear axle. The hub odometer shall have a capacity reading no less than 999,999 miles.

4.8 RADIATOR: A high capacity EMP Gen IV (or approved equal) electrically controlled radiator is to be provided.

4.9 EXHAUSTS: High capacity stainless Particulate Filter and SCR system is to be installed installed in an insulated compartment above engine on diesel powered buses. The exhaust pipes are installed with heat shields / exhaust wrap and vibration mounts. Tailpipe is so designed to direct exhaust vertically at the rearmost roadside corner of the bus body.

For CNG vehicles. High capacity stainless steel exhaust pipe and three-way catalyst installed with heat shields/exhaust wrap and vibration mounts. Tailpipe is so designed to direct exhaust vertically at the rearmost roadside corner of the bus body.

5.1 FRONT SUSPENSION: The front suspension to be a controlled constant height air spring suspension with a minimum capacity of 15,000 pounds.

Suspension to use two (2) air springs on the front axle and four (4) air springs on the rear axle with air pressure to be maintained by a single time delayed height controlled valves. Springs to be dampened by hydraulic suspension valve shock absorbers.

Air pressure maintained by a single, time-delayed height control valve. Air springs internally equipped with jounce rubber stops. Shall be purpose designed for low floor bus application and feature air springs. Vehicle ride height shall be maintained by at least one time- delayed height control valve.

5.2 PASSENGER DOOR/S: Vehicle to be equipped with front and rear exit doors.

Passenger doors shall be (2) panel slide and glide design controlled by the driver, equipped with rear door brake and accelerator interlock. Door may not be opened unless bus is travelling below 2 mph. Interlocks must engage when door is opened. Doors able to be activated by driver operated release control valve. Rear door shall be equipped with a sensitive edge which shall upon an obstruction shall stop the door from closing and reopen the doors as well as warn the driver by sounding an alarm and energizing a dash warning light.

6.1 FIRE SUPPRESSION: Base vehicle shall be equipped with the water mist fire suppression system. Reference Unit USSC Fog maker or approved equal. Fire detection shall be of a hydro-mechanical design and be able to activate Exhibit A - CALACT MBTA Contract No. 18-01 NF
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automatically without electricity. A panel will be provided in the operator area with an audible and visible alarm to warn of low pressure or activation. When a fire is detected in the engine compartment, the system will release the entire contents of extinguisher with no less than 50 seconds of actuation time. Water mist will reduce the temperature of effected area to reduce risk of re-fire. The extinguisher system shall utilize a water-based environmentally friendly extinguishing fluid. Dry chemical shall not be allowed. The extinguisher shall be a high-pressure piston accumulator constructed from anodized aluminum AA 6061 T6 alloy charged to 950 psi and DOT approved. The time required to release the fluid should take at least 50 seconds. The nozzles shall deliver water droplets between 5-80m and be constructed of brass or stainless steel. System can be configured to integrate with fan controls. Fire suppression for CNG buses to include methane detection system as standard.

6.2 FRONT DAMPENING: The front springs are dampened by two (2) hydraulic suspension valve Koni shock absorbers, or equal.

6.3 STABILITY: Lateral and longitudinal stability is provided by rubber bushed radius rods.

6.4 REAR SUSPENSION: Rear Suspension shall be purposed design for low floor bus application and shall feature full air spring suspension. Vehicle ride height shall be maintained by at least one time-delayed height control valve.

6.5 REAR DAMPENING: The rear springs are dampened by four (4) hydraulic suspension valve Koni shock absorbers, or equal.

6.6 REAR STABILITY: Lateral and longitudinal stability is provided by rubber bushed radius rods

6.7 KNEELING: Driver actuated control to lower coach two and a half inches (2.5”) during loading or unloading. Audible signal, amber kneeling warning light and warning decal to be provided at entry door.

6.8 FRONT AXLE ASSEMBLY: Arvin Meritor Model FH 946 (or approved equal) with wide track, hub-piloted, drop center, I-beam type provides a minimum design load rating of 16,000 lbs. capacity.

6.9 REAR AXLE ASSEMBLY: Arvin Meritor Model 79000 Series (or approved equal) hub- piloted, full floating type drive axle providing a minimum design load rating of 28,660 lbs. capacity.

7.0 BRAKES: Bendix Air and Meritor-Wabco ABS systems (or approved equal) meeting all FMVSS 121 requirements. Air supplied by engine driven air compressor and regulated by an air governor.

7.1 ANTI-LOCK BRAKING: The Meritor-Wabco ABS (or approved equal) all wheel Exhibit A - CALACT MBTA Contract No. 18-01 NF
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anti-lock braking system electronic system that monitors and controls wheel speed during braking.

7.2 PARKING/EMERGENCY BRAKE: Spring brake chamber controlled by a push- pull dash mounted control valve.

7.3 HIGH IDLE SYSTEM: Vehicle to have electronically controlled high idle system.

The system should operate only when the Parking brake is engaged, the fast idle switch is in the on position and the transmission shifter is in the neutral position.

The fast idle should also operate with the Air conditioning in the on position. Idle to be RPM programmable.

7.4 AUTOMATIC SHUTDOWN: Electronically controlled engine shutdown system.

The system senses engine low oil pressure and high water temperature. Driver’s console is equipped with an override switch to restart the engine that allows the Driver to move the bus out of traffic to a safe location.

7.5 SPARE WHEEL/TIRE: Assembled spare wheel and tire as specified for bus model selected. Spare is shipped loose in bus.

7.6 DIESEL HYBRID OPTION: Proposers are requested to provide (if available) pricing and technical information including Altoona test documents for diesel hybrid option/s. Acceptance of this option is at the discretion of the MBTA.

The hybrid drive system/s shall be a complete package capable of generating electrical power, storage of power, control of power, providing propulsion of the bus and regenerating electrical power through retardation. The system shall be rated for the GVWR or greater of the bus.

The propulsion system shall be arranged so that accessibility for all routine maintenance is enabled. No special tools, other than dollies and hoists, shall be required to remove the Propulsion system or any subsystems. The Cooperative recognizes that properly rated test Equipment and safe electrical work practices are essential when servicing high voltage hybrid components. The exhaust system, air cleaner, air compressor, starter (if used), alternator, radiator, all engine accessories, and any other component requiring service or replacement shall be easily removable. Contractor shall provide all specialty tools and diagnostic equipment required for maintaining the Propulsion System in accordance with The bus shall be powered by a hybrid propulsion system. Function and operation of the bus shall be transparent to the operator and passengers. The OEM shall assure that the bus structure can successfully accept the installation of the propulsion system and be operated in the Property operating area for a period of 12 years without a structural failure. At a minimum, propulsion system shall comply with applicable Federal CAAA, State and Local emissions and useful life requirements.

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Special Tools List. The PPU and traction motor may be configured in a variety of methods dependent upon type of drive system.

7.7 UNDERCOATING: The entire underside of the body including floor members, side panels below floor level (if metal), and fender wells shall be undercoated, at the time of manufacture, with a nonflammable rust preventative coating formulated for bus applications. All openings in the floorboards and firewall shall be sealed.

7.8 FIREWALL: Rear engine firewall to be fabricated carbon steel panel to provide a fire resistant barrier. The panel covered on the engine side with 1” thick Barymat sound and thermo blanket. The engine side of the blanket covered with abrasion resistant clear film, which provides a heat and sound reflective surface and a moisture barrier.

7.9 MUD FLAPS: Mud flaps are installed behind the front and rear tires to within three inches (3") of the road surface. The rear mud flaps will be full width as specified.

8.1 EXTERIOR SKINS: Exterior skins of the vehicle shall be fabricated of a non-corrosive fiberglass composite material. This is to include upper and lower sidewalls, front and rear caps and a one-piece roof skin. Exterior side panels from the bottom of the passenger window to the bottom skirt shall be removable in sections. Removal and replacement of any lower sidewall panel shall be such that it can be accomplished in under 20 minutes by a trained technician.

8.2 BATTERY COMPARTMENT: A stainless steel compartment is provided in the roadside to accommodate the size and weight of the batteries. The battery box should be vented at the top to prevent the buildup of Hydrogen Oxide gas. The tray should be equipped with two drain holes at the inside edge of the battery tray. The battery box should also be equipped with adjacent drain holes that line up with the battery tray drain holes to allow quick drainage in case of battery boil out.

8.3 BUMPERS: Front and rear bumpers are reinforced Romeo Rim HELP "S" energy absorbing type or equal. Bumpers are attached to the chassis frame with 1/2" diameter Grade 8 bolts.

8.4 PAINT: Exterior surfaces shall be properly cleaned and primed as required by the paint manufacturer. Painted surfaces shall be impervious to diesel fuel, gasoline, and commercial cleaning agents. Paint shall be high quality acrylic white enamel that matches the OEM paint scheme (non fiberglass body). Entire vehicle to be OEM white, any other colors (including two-tone) will be at buyers cost with cost documentation to be provided by the contractor. Paint shall meet OEM recommended testing, thickness requirements and orange peel.

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8.5 LIGHTING: The headlamps, brake/tail, backup, turn signal and marker lamps will be LED type for long life and superior visibility. All exterior lighting conforming to all State regulations and FMVSS 108.

Unless otherwise indicated, all lights, taillights, brake-lights, turn-signal lights, collision avoidance lights, clearance marker lights, and back-up lights, shall be voltage regulated light emitting diode (LED) lights. Vehicle to be equipped with:

a) OEM daytime running lights.

b) Taillights will be grommet mounted and recessed. Taillights shall not protrude more than 2” from the body. A pair of amber hazard and conventional lights shall be provided. Rear lights shall include a pair of red taillights and red stoplights which may be combination lights (equal to a dual filament bulb).

c) LED side signal lights, with marker, shall be provided independently, or be incorporated into the center of the bus. Location shall be in front of the rear wheel opening and provide visibility from behind the rear wheel opening.

d) LED Clearance marker lights shall be installed either recessed or surface mounted and armored, facing the front, rear, and each side at rear. Shall be visible from the sides with bush guard installed.

e) Two (2) LED back-up lights, one mounted on each side of the body rear cap, shall be provided.

f) LED step lighting will be provided, mounted to provide light for the entire step-well and portion of the ground area outside the bus. The step lights shall be extinguished when the front door has closed. Raised floor step lighting shall be provided by one LED Strip light mounted in the step riser. (Must be recess mounted to protect from accidental damage by passengers contacting light while using step.) Exterior step light shall be mounted away from wheel splash and provide light a minimum of three (3) feet beyond the first step on the ground area outside the bus.

g) Low beam headlamps shall be LED. High beam headlamps shall be 12 volt halogen. High beam and low beam shall be separate assemblies.

Standard OEM headlight installation shall be provided in accordance with FMVSS 108 and Part 393, Subpart B of the FMCSA as applicable.

h) LED lamps shall be potted type and designed to last the life of the bus and have coating applied to protect the light from chemical and abrasion degradation.

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i) LED lights to be warrantied for the Altoona tested service life of the bus.

8.6 MODESTY PANELS: Modesty panels and barriers when specified are 1/4" thick gray melamine fitted to the 1¼" O.D. stainless steel tubing passenger assists.

8.7 SEATING: All seating, including driver, shall meet the following requirements:

Cloth seat fabric shall be a minimum 100,000 double rub woven material, anti- bacterial and anti-microbial. Foam cushions, seat and back, shall be polyurethane with a minimum density of 2 lbs. per cubic ft. Vinyl seat material shall be at a minimum level 36 oz. per running yard.

All seats shall meet the following minimum requirements:
a) All applicable FMVSS requirements, including FMVSS 207, 209,210, and 302 for all seats and seat belts if equipped. Furthermore, documentation of current model testing with seats/belts installed as specified within shall be provided prior to award. Testing by an American Association for Laboratory Accreditation or equal, accredited test facility of individual components independent of the vehicle will be accepted if done on a representative floor, and vendor can validate that test results meet all FMVSS requirements, and could be duplicated in the production vehicle. Any alterations to OEM seats or mounts that affect these tests must also be tested. Detailed seat installation instructions and test data must be made available to the Cooperative prior to award of the contract. This test is required for all seats, including optional seats installed over wheel wells that buyers may choose. b) Inserts shall be easily removable and replaceable without removing the entire seat.
d) All exposed metal surfaces shall be powder coated.
e) All seats shall have not less than 27" hip to knee room spacing between seats.

Seat bottom cushion height shall be 17.5", plus or minus ½ inch, as measured from floor to top of the cushion.
f) All forward facing passenger seats are to have molded energy absorbing grab handles at the top of each forward facing seat.
g) A minimum clear aisle of 15". This must be maintained with any optional seat chosen as well. There shall not be a mobility aid position blocking the aisle or directly in front of the mobility aid ramp except when there is a rear ramp.

Random movement to any seat position for ambulatory passengers must be maintained.
h) Base seats must be Freedman CitiSeat or Equal. Foldaway seats must be installed so that rubbing/chaffing does not occur during fold operation. Seat Exhibit A - CALACT MBTA Contract No. 18-01 NF
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cover must not touch sidewall or structure during folding and unfolding. All seats and restraints in the vehicle as specified must comply with current FMVSS standards, including 207, 209, 210, and 302 as applicable.

Documentation of current model testing and seats as specified within shall be provided prior to award. Testing by an American Association for Laboratory Accreditation or equal, accredited test facility of individual components independent of the vehicle will be accepted if done on a representative floor, and vendor can validate that test results meet all FMVSS requirements, and could be duplicated in the production vehicle. Any alterations to OEM seats or mounts that affect these tests must also be tested. Detailed seat installation instructions and test data must be made available to the Cooperative prior to award of the contract. This test is required for all seats, including optional seats installed over wheel wells that buyers may choose. Proposer is requested to offer and price Freedman CitiPro or approved equal equipped with three-point seatbelts as an optional feature for those agencies operating this class of vehicle in an over the road capacity.

i) A one-piece filler/cover shall be provided in tracking between fixed seat placements on the floor and wall tracks where they exist. Any order that deletes fixed seats will also automatically delete the floor track for that seat.

Floor track will not be installed in any area not covered by a fixed seat.

Track can extend 6 inches to the rear of the fixed seat area to allow for seat adjustment by end user to better accommodate their needs. j) The Bidder shall provide floor plan and seating drawings, which are to scale and meet passenger-seating and loading requirements. Drawings, at a minimum, shall show the location and dimensions of all seating positions, driver’s position, aisles, doors, modesty panels, and stanchion, grab rails, tie down locations, and other passenger assists. In addition, all major body interior dimensions must be shown. Proposed seating plans must be approved by each procuring agency prior to production, and must comply with standards established with the original seating proposals. This requirement does not preclude other optional seating requests as long as they meet all the requirements set forth in this specification, such as aisle width and hip to knee.

k) Passenger Seats
All passenger seats shall be individual modules similar to Freedman CitiSeat, or equal, one or two position bench type modules of not less than 17.25 inches in width. All fixed seats may be forward or aisle facing, mounted for easy removal and have an individual insert. All back cushions shall be contoured to provide full lumbar support, color coordinated with the interior vehicle color.

Prior to award, the Contractor shall submit a sample of the upholstery and cushion material to the Cooperative for approval. Seats shall be available in cloth or vinyl, at buyer’s choice at no extra cost.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
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8.8 INTERIOR LIGHTING: The interior lighting system shall be LED type and provide a minimum 8 foot-candle illumination on a 1 sq. ft. plane at an angle of 45 degrees from horizontal, centered 33 in. above the floor and 24 in. in front of the seat back at each seat position. Allowable average light level for the rear bench seats shall be 7 foot-candles. The switch for these lamps shall be mounted in the dash, back lighted, and labeled.

Light sources shall be located to minimize windshield glare, with distribution of the light focused primarily on the passengers' reading plane while casting sufficient light onto the advertising display. The lighting system may be designed to form part of or the entire air distribution duct. Lens material shall be translucent polycarbonate. Lenses shall be designed to effectively "mask" the light source.

Lenses shall be sealed to inhibit incursion of dust and insects yet be easily removable for service. Access panels shall be provided to allow servicing of components located behind light panels. If necessary, the entire light fixture shall be hinged.

First row lights to have automatic dimming feature. The first light on each side (behind the driver and the front door) is normally turned on only when the front door is opened, in "night run" and "Night Park." As soon as the door closes, these lights shall go out. These lights shall be turned on at any time if the toggle switch is in the "on" position.

First Light Modules are to Dim/Extinguish When Front Door is closed. When the master switch is in the "run" or "night/run" mode, the first light module on each side of the coach shall automatically extinguish or dim when the front door is in the closed position and illuminate when the door is opened.

The driver's area shall have an LED light to provide general illumination, and it shall illuminate the half of the steering wheel nearest the driver to a level of 5 to 10 foot-candles.

Floor surface in the aisles shall be a minimum of 7 foot-candles, and the vestibule area a minimum of 4 foot-candles with the front doors open and a minimum of 2 foot-candles with the front doors closed. The front entrance area and curb lights shall illuminate when the front door is open and master run switch is in the "lights" positions. Rear exit area and curb lights shall illuminate when the rear door is unlocked.

Step lighting for the intermediate steps between lower and upper floor levels shall be a minimum of 4 foot-candles and shall illuminate in all engine run positions. The step lighting shall be low-profile to minimize tripping and snagging hazards for passengers and shall be shielded as necessary to protect passengers' eyes from glare. Exterior and interior ramp lighting shall comply with CFR Part 49, Sections 19.29 and 19.31.

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8.9 DRIVERS SEAT: Unless otherwise specified by purchasing agency, vehicle to be equipped with USSC G2A or Recaro Ergo Metro with air ride suspension base or air suspension seat, buyers choice with no extra charge.

8.10 FLOORS: Floor construction shall be of 3/4 inch ACQ treated marine grade plywood, subfloor understructure shall be completely undercoated and sealed.

9.0 FLOOR COVERING: Floor Covering shall be provided that is smooth, slip resistant, and ADA Compliant, such as Altro Transflor Meta, Gerflor Tarabus Sirius or equal.

Minimum floor thickness is to be 2.2 mm. Purchaser shall specify floor color from manufacturer’s stock selections at time of order.
.

An aisle width standee line of at least two (2") in width of bright yellow contrasting color shall be in the aisle just behind stepwell. Flooring to be installed using manufacturers’ instructions using proper tools and adhesives.

All corners to be cut and welded (sealed properly as per flooring supplier instructions). No flooring to be rounded or molded to uneven parts of subfloor.

All step track nosing should include rivets or sheet metal screws along with approved gluing to insure strips do not lift from wear.

9.1 STANCHIONS: Vehicle to be equipped with stanchions, overhead grab rails and modesty panels are designed and produced using 1¼" diameter 304 stainless steel tubing. Stanchions are fitted floor to ceiling per floor plan.

Proposer to describe number and location of stanchions and modesty panels on the base floor plan submitted and options price for additions. Individual ordering agencies to provide specific guidance on preferred locations.

9.2 WHEELCHAIR RAMP: Low floor vehicle to be equipped with Ricon Foldover ramp Model ER 6 Series (or approved equal) which is of stainless steel construction provided with non- skid covering operated from a ramp control panel at the driver’s seated position. The ramp will deploy when the vehicle is at ride height or in the kneeling position. Ramp has minimum useable dimensions of 30” wide x 68” long overall with 1,000 lbs. capacity. Ramp deployment interlocks brakes and throttle, equipped with manual backup. Meets all current ADA requirements.

9.3 WHEELCHAIR RESTRAINTS: Q-Straint 8100-A1 Deluxe or SureLok Titan 4 point restraints to be supplied at buyers’ choice, no extra charge at each wheelchair position. Convenient storage compartment to be installed.

9.4 HEATING AND AIR CONDITIONING: Air conditioning system proposed will be of a high quality and meet or exceed ASBG standard for “hotter ambient conditions” such as Thermo King rear mounted (T14/T15 or equal) or MCC RM Exhibit A - CALACT MBTA Contract No. 18-01 NF
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35 (CNG buses), Thermo King RLF, MCC Eco Excel (Diesels), or approved system using with dash mounted evaporator. An electronic climate control system such as ThermoKing Intelligaire III, MCC EcoTemp or approved equal is to be supplied.

The air conditioning portion of the HVAC system shall be capable of reducing the passenger compartment temperature from 110 to 70°F ±3°F in less than 30 minutes after system engagement for 30, 35 and 40ft buses. Engine temperature shall be within the normal operating range at the time of start-up of the cool-down test, and the engine speed shall be limited to fast idle at three- quarters max governed speed that may be activated by a driver-controlled device. During the cool-down period, the refrigerant pressure shall not exceed safe high-side pressures, and the condenser discharge air temperature, measured 6 in. from the surface of the coil, shall be less than 45 °F above the condenser inlet air temperature. No simulated solar load shall be used. There shall be no passengers on board, and the doors and windows shall be closed.

The pull-up requirements for the heating system shall be as follows: With ambient temperature at -20 °F, and vehicle cold soaked at that temperature, the bus heating system shall warm the interior passenger compartment to an average temperature of 70 °F ±2 °F within 70 °F ±2 °F within 70 minutes.

Alternative heating or air conditioning options may be proposed as options, fully described and priced in a separate attachment to be approved by MBTA.

9.5 ROOF HATCH: A five (5) position roof ventilator and emergency escape hatch is to be installed in the roof over the rear axle

9.6 ALTERNATOR: Diesel and gas engines to be supplied with EMP P450 450 amp 24 volt alternator or approved equal.

9.7 BATTERIES: Dual 8-D Series provides 2300 cold cranking amps, located on the roadside of the vehicle and accessible through the service access door. The batteries are supported on a slide out stainless steel tray.

9.8 ELECTRICAL/WIRING: To be equipped with the I/O Controls - DINEX Multiplex Systems electrical control wiring system or approved equal. The system components should be capable of performing reliable operation in an environment of between minus 30C to plus 80C while encountering mobile shock and vibrations. Each module is adequately shielded to prevent interference by EMI and RFI. The multiplex power source is isolated thereby avoiding any ground noise. The program for operating the bus to be contained in the MBC (Master Bus Controller). A single downloading point will be located on the bus for reprogramming.

The components of the multiplex system are to be of modular design, providing Exhibit A - CALACT MBTA Contract No. 18-01 NF
153
for ease of replacement by field maintenance personnel. Furthermore, each module to utilize LED’s to indicate input /output status, circuit integrity and assist in rapid circuit diagnostics and verification of the load and wiring integrity. The internal control device is to be a solid-state device, providing an extended life service cycle. Non-self-resetting circuit breakers or fuses to be provided protecting each individual circuit. Programmable time delay functions and integrated flasher capabilities are contained in the control module.

All general purpose wiring to be cross-linked polyethylene insulated color and number coded for positive identification, and meets the requirements of SAE recommended practice J878a, Type SXL. Precautions have been taken to avoid damage from heat, water, solvents or chafing by proper routing, clamping and the use of grommets or suitable elastomeric cushion materials. Harnesses are designed to resist abrasion by the use of machine mesh woven plastic loom.

Harnesses are sectional, terminating at insulated multi-pin quick disconnects or junction blocks. All general purpose wiring to be cross-linked polyethylene insulated color and number coded for positive identification, and meets the requirements of SAE recommended practice J878a, Type SXL. Precautions have been taken to avoid damage from heat, water, solvents or chafing by proper routing, clamping and the use of grommets or suitable elastomeric cushion materials. Harnesses are designed to resist abrasion by the use of machine mesh woven plastic loom. Harnesses are sectional, terminating at insulated multi-pin quick disconnects or junction blocks.

9.9 DESTINATION SIGNS: Vehicle to be equipped with front and side destination signs. The displays shall consist of amber colored LED’s. All amber LED’s used for the destination signs shall be rated for 100,000-hours. The characters formed by the LED’s shall meet the requirements of the Americans with Disabilities ACT (ADA) of 1990 Reference 49 CFR Section 38.39. The software will give the end user the capability to select from a vast selection of custom fonts, pre-programmed fonts and the Microsoft TrueType Directory fonts for display on the LED Signs for the most customization possible to the desire of the end user’s riding public. (Reference Unit Hanover LED or approved equal)
ALL destination signs shall be supplied with an ambient light detection sensor that controls the LED intensity according to the exterior light conditions. This adjustment shall be continuously linear, not stepped, from 10-100% output.

All Amber signs will have a 12-year warranty. All Color and White signs will have a 5-year warranty. Sufficient quantity of spare parts to be stocked at service centers identified in the proposal.

All programming software and apparatus required for updating the sign messages shall be Windows compatible and provided free of charge.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
154
A combination of any of the following sign configurations may be mounted in any one vehicle. Each sign will contain common processor and power supply circuit boards.
1) 200 Columns by 24 rows
2) 160 Columns by 17 rows
3) 128 Columns by 15 Rows
4) 112 Columns by 15 Rows
5) 96 Columns by 15 Rows
6) 96 Columns by 8 Rows
7) 48 Columns by 15 Rows
8) 36 Columns by 10 Rows
*All of the above signs will be amber unless otherwise specified. All above signs shall be available in full color, white or single panel color if requested. If above specified sign sizes are not optimal, vendor will be requested to manufacture other sign sizes available as requested or will custom build per specification as requested.

10.1 WINDOWS: All windows to meet State and Federal Safety Regulations.

Windshield is AS-1, driver's side windows are AS-2, and passenger windows are AS-3 in quality.
 WINDSHIELD - Front crown contoured two (2) piece 1/4" thick, 73% single density laminated safety float glass. Windshield has a dark tinted sunshade across top. Windshield is glazed with two (2) piece black ozone treated extruded lock and key rubber.
 DRIVER'S ROADSIDE WINDOW - Painted black “PPG’s – “Macroflex Coating Plus” extruded aluminum sash with 3/4 lower section of single slider design.

Window is glazed 7/32" thick,73% single density laminated safety sheet glass.  PASSENGER SIDE WINDOWS - Painted black “extruded aluminum sash solid pane. Windows are glazed with 7/32" thick, 37% gray density tempered safety sheet glass. An adequate number of passenger windows on each side are designed to meet FMVSS 217 for emergency egress, as required.

Passenger windows that are permanently bonded in place are not acceptable as an equal.
 DOOR WINDOWS - Windows are glazed with 1/4" thick, 73% density laminated safety sheet glass. Each window is installed in the upper and lower portions of the passenger door and in the upper portion of the lift door panels in-line with the passenger side windows.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
155

10.2 MIRRORS: Exterior mirrors to be fully adjustable, heated and remote controlled. Mirror heads and rigid adjustable support arms supplied in black powder-coated finish. Interior mirror is large convex fully adjustable rearview mirror mounted within easy reach of the driver.

10.3 PAINTING, DECALS AND MONOGRAMS: All signs required by State and Federal law shall be affixed to each vehicle exterior and interior.

Proposing firms are requested to provide pricing as options for the following:

1. BASIC DECAL GRAPHICS PACKAGE
To include the following:

Four (4) Unit Numbers
Two (2) side Operated by XXXX
Two (2) side Name of Transit Agency
Two (2) side Body Stripe
Two (2) side Tag
Line No Window
Perf vinyl
Ex. Victor Valley Transit Authority

2. MID LEVEL “SPOT” DECAL GRAPHICS PACKAGE
To include the following:

Four (4) Unit Numbers
Two (2) side Operated by XXXX
Two (2) side Name of Transit Agency
Two (2) side Body Stripe
Two (2) side Tag Line
Two (2) Digital Printed Image(s) in strategic areas
Partial Window Perf Vinyl
Ex. Morongo Basin Transit Authority

3. FULL WRAP DECAL GRAPHICS PACKAGE
To include the following:

Four (4) Unit Numbers
Two (2) side Operated by XXXX
Two (2) side Name of Transit Agency Two
(2) side Body Stripe
Two (2) side Tag Line
Full Body vinyl wrap – Front, Rear, Driver Side,
Curb Side Full Side and Rear Window Perf Vinyl
Ex. Sunline Transit Agency
All Graphics to be manufactured using 3M cast vinyl or Approved Equal using a 3M Certified Printer. A reference vendor is provided in the price worksheet for the proposer’s convenience.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
156

10.4 PARTS BOOKS, MANUALS AND DRAWINGS: The following shall be provided at time of delivery. The information shall be organized in a three ring binder format with each section clearly identified. A draft copy must be available for review and acceptance prior to preproduction meeting.
a) A complete set of operating instructions, troubleshooting guide, inspection and service guide and detailed manufacturers parts list. b) A complete "as built" electrical wiring diagram covering all electrical equipment and electrical circuits installed, complete with wiring codes for each vehicle ordered.
c) All manuals for the bus accessories, to include complete parts guide, and equipment to include mobility aid ramp, air-conditioning system, tie downs, seating, heater, etc.
d) The Contractor shall have available complete bus maintenance manuals to include the engine, transmission and OEM chassis as well as a complete parts manual for each component. The contractor shall keep the manuals up- to-date and available to the Buyer for a period of three years after the date of acceptance of the buses under the contract.

10.5 PUBLIC ADDRESS SYSTEM: Bus to be equipped with a public address amplifier and flexible 36” Gooseneck microphone with four (4) baffled interior and one (1) waterproof exterior speaker. Interior speakers are mounted two (2) front and two (2) rear in the face of the ceiling cove. Exterior speaker to be located in the front door entrance area. Vehicle to be equipped with interior passenger signaling system that meets ADA requirements including interior stop request light.

Exhibit A - CALACT MBTA Contract No. 18-01 NF
157
CALACT Total Numbers by Agency for Minimums and Maximums for Bid #18-01 Agency Name
All Buses
Min
All Buses
Max
Amador Transit 0 2
ASUCD Unitrans 0 12
California State University, Chico 0 2
Atascadero, City of 0 0
Burbank, City of 8 8
Camarillo, City of 13 13
Commerce, City of 4 8
Dinuba, City of 4 5
El Monte, City of 2 3
El Grove, City of 17 20
Escalon, City of 0 0
Folsom, City of 0 7
Glendale, City of 4 12
Manteca, City of 0 10
Moorpark, City of 0 3
Morro Bay, City of 1 3
Pasadena, City of 12 36
Petaluma, City 0 4
Porterville, City of 17 60
Santa Clarita, City 5 29
Santa Rosa, City 0 32
Simi Valley, City 7 13
Turlock, City 4 8
Vislalia, City 8 28
Siskiyou, County 0 12
Eastern Sierra Transit Authority 0 23
FCRTA 0 2
Humboldt Transit Authority 8 24
Kings County Area Public Transit Agency 2 5
Klamath Trinity Non Emergency
Transportation 2 2
LADOT 13 25
Lassen Transit Service Agency 1 2
Los Angeles County Public Works 3 6
Marin County Transit District 0 16
Monterey-Salinas Transit (MST) 12 28
Morongo Basin Transit Authority 4 7
Orange County Transportation Authority 0 111
Placer County 2 9
Exhibit A - CALACT MBTA Contract No. 18-01 NF
158
Porterville Sheltered Workshop 0 9
San Joaquin RTD 0 10
San Luis Obispo RTA 31 48
Santa Cruz METRO 0 26
Sonoma County Transit 6 13
SunLine Transit Agency 20 40
Thousand Oaks Transit 4 4
Merced Transit JPA 8 32
Tulare County 8 28
Ventura County Transportation Commission 13 14
Victor Valley Transit Authority 20 45
Western Contra Costa Transit Authority 0 17
Yuba-Sutter Transit 17 25
Grand Total 280 901
Exhibit A - CALACT MBTA Contract No. 18-01 NF
159
TRAN2340.CON.JD
EX
HIBIT “B”
C

ALACT ASSIGNMENT TO PURCHASE AGREEMENT
#18-01-0856
CO

NTRACT BETWEEN THE CITY OF SIMI VALLEY AND
NEW FLYER OF AMERICA, INC. FOR THE PURCHASEOF
TWO (2) 35 -FOOT LOW-FLOOR HEAVY DUTY

COMPRESSED NATURAL GAS (CNG) BUSES THROUGH

CALACT/MBTA COOPERATIVE PURCHASING
AGREEMENT, CP75000002, FAIN: CA-2023-033-00
160
4632 Duckhorn Drive • Sacramento, CA 95834 • Phone (916) 920-8018 • Fax (916) 920-8021 8/26/2023
Gian Maria Garcia
2929 Tapo Canyon Road
Simi Valley, CA 93063
Dear Gian Maria :

The CALACT-MBTA Purchasing Cooperative is pleased to make an assignment as detailed in the Assignment to Purchase Agreement.

Additional information is available on the CALACT website at www.calact.org/purchasingco-op that documents the procurement process used by the Cooperative to solicit and award Contract No. 18-01. Prior to acceptance of the vehicles you order, a Post-Delivery Audit must be conducted by your agency if you are using Federal Transit Administration funding to purchase the vehicle.

Thank you for purchasing your vehicles through the Cooperative. Please don't hesitate to contact me if you have any questions at 916-920-8018 or email [email protected].

Sincerely,
Daniel Mundy
Deputy Executive Director
CALACT
Exhibit B - CALACT Assignment to Purchase Agreement
161
Assignment to Purchase Agreement
Assignment #18-01-0856
The CALACT-MBTA Purchasing Cooperative, “Assignor”, hereby assigns to Simi Valley, City of, “Assignee”, 2 options to purchase Transit Vehicles (“Vehicles”) from the Joint Procurement Cooperative at a price and under the terms and conditions contained in Assignor’s Contract No 18-01 with the Contractors awarded to on the Procurement. Only those vehicles and optional features may be purchased using the Solicitation and the purchase may only be from a Seller listed on the Schedule. Specifically, the Assignment shall have the right to purchase:

Quantity and Type of Vehicle(s):
(2) New Flyer Class H
Total # of Vehicles: 2
Such ability to purchase commenced, per terms of Contract, on 8/26/2023, and may be exercised at any time on or before 4/5/2024. Assignee must communicate any changes in the order in particular cancellation to the Cooperative as soon as possible.

With respect to the Vehicles assigned hereunder and this Assignment, Assignee agrees to perform all covenants, conditions and obligations required of Assignor under said Contract and agrees to defend, indemnify and hold Assignor harmless from any liability or obligation under said Contract. Assignee further agrees to hold Assignor harmless from any deficiency or defect in the legality or enforcement of the terms of said Contract or option to purchase thereunder. Assignee agrees and understands that Assignor is not acting as a broker or agent in this transaction and is not representing Seller or Assignee, but rather is acting as a principal in assigning its interest in the above-referenced assignment to purchase the Vehicles under the Contract to Assignee.

Please be advised that assignment of said vehicles does not constitute a recommendation or endorsement of this product by the Cooperative. The Assignee is responsible for its choice of vehicle product and options selected. Assignee is responsible for vehicle inspection, acceptance and enforcement of any contract provisions. While PreAward verifications of Buy America, FMVSS and Purchaser’s Requirements have been accomplished, Assignee is responsible for Post Award due diligence in this regard.

Purchasing agencies are responsible for and are to exercise due diligence in evaluating the suitability of these vehicles for their operating environment and are responsible for determining their eligibility for funding. In particular, the Cooperative urges you to review the Altoona test report for the vehicle you are purchasing.

Exhibit B - CALACT Assignment to Purchase Agreement
162
Supporting documents for your records may be downloaded from our website at www.calact.org for any reviews or audits your agency will be subject to. Please contact CALACT staff for any assistance you may need at 916-920-8018.

Assignee hereby unconditionally releases and covenants not to sue Assignor upon any claims, liabilities, damages, obligations or judgments whatsoever, in law or in equity, whether known or unknown, or claimed, which they or either of them have or claim to have or which they or either of them may have or claim to have in the future against Assignor, with respect to the Vehicles or any rights whatsoever assigned hereunder.

Daniel Mundy
Deputy Executive Director
CALACT
"Assignor"
Exhibit B - CALACT Assignment to Purchase Agreement
163
TRAN2340.CON.JD
E
XHIBIT “C”
NE
W FLYER OF AMERICA, INC. SALES QUOTE
CO

NTRACT BETWEEN THE CITY OF SIMI VALLEY AND
NEW FLYER OF AMERICA, INC. FOR THE PURCHASEOF
TWO (2) 35 -FOOT LOW-FLOOR HEAVY DUTY

COMPRESSED NATURAL GAS (CNG) BUSES THROUGH

CALACT/MBTA COOPERATIVE PURCHASING
AGREEMENT, CP75000002, FAIN: CA-2023-033-00
164
Cover Page
Sim
i Valley Transit
Opti
on Proposal for Two (2) – 35’
CNG Buses
Exhibit C - New Flyer of America Sales Quote
165
Simi Valley Transit
Option for Two (2) CNG Buses
Proposal Table of Contents
Tab 1,
Letter of Transmittal
Tab 2, Bus Price Summary
Tab 3, Bus Price Change Detail
Tab 4, Bus Warranty Proposal
Tab 5, Bus Publications Proposal
Exhibit C - New Flyer of America Sales Quote
166
Simi Valley Transit
Option for Two (2) CNG Buses
Tab 1, Letter of Transmittal
Solicitation Requirements:

N/A
New Flyer Response:

Please see attached our Letter of Transmittal to Simi Valley Transit.

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

Adrian Graca,
Director, Business Segment Director, Municipal & Private Fleets [email protected]
Exhibit C - New Flyer of America Sales Quote
167
August 1, 2023
Ben Gonzales
Deputy Public Works Director (Transit)
Simi Valley Transit
490 West Los Angeles Avenue
Simi Valley, California 93065
Subject: Quotation for Thirty Five-foot Heavy-Duty Compressed Natural Gas Transit buses Dear Ben,
New Flyer is pleas ed to submit an option pric e quotation for t he production of Two (2 ) 35-foot Heavy-Duty CNG Transit buses based on New Flyer’s agreement with MBTA.

The proposed buses will be technically configured as per your previous request under New Flyer Option (SR- 2487).

The XN35 price per contract is $690,458.16/bus which includes Tax, Warranty, Publications, and 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 war ranty is 1 year / 50,000 miles). Please see our Warranty Proposal for more information. Please note that warranty is 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 see our Publications Proposal for more information. Please note that publications are included in the bus price.

Delivery Proposal: New Flyer is proposing a complete delivery by Q3 of 2024 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.

Payment
Terms: Following the terms and conditions of New Flyer’s contract payment terms:
• Payment terms are Net 45 days
• Acceptance is
within 15 days of delivery
This p
roject allows New Flyer the important opportunity to continue our strong relationship with Simi Valley Transit. 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.

Exhibit C - New Flyer of America Sales Quote
168
This quote is open for acceptance for sixty (6 0) days. Please indicate your acceptance by providing a Purchase Order to New Flyer of America, attention to Stephanie Laubenstein, Director of Sales & Business Development at [email protected].

Sincer
ely,
NEW FLYER OF AMERICA INC.

Barry
Karlenzig
Technical Sales Manager
204.590.8394
[email protected]
CC: Walter
Yang – Regional Sales Manager
Exhibit C - New Flyer of America Sales Quote
169
Simi Valley Transit
Option for Two (2) CNG Buses
Tab 2, Bus Price Summary
Solicitation Requirements:

N/A
New Flyer Response:

Please see attached New Flyer’s Price Summary for Two (2) – Compressed Natural Gas buses for Simi Valley Transit.

Exhibit C - New Flyer of America Sales Quote
170
Price Change Summary
Property: Simi Valley
Option Origin: MBTA Contract 18-01
Sales Release No.: 0
Quantity: 2
Type: XN35
Price Change No.: 1
Revision: K
Date: 18-Apr-23
Each Total
Original Contract Price Base Coach 611,439.69$ 1,222,879.38$ Base Bus Price Change Total 34,524.88$ 69,049.76$ Contract Spares Base Bus Price Change Total -$ -$
Revised Price Base Bus (including ADA & delivery) 645,964.57$ 1,291,929.14$ Delivery Fee (Non-Taxable) 5,005.34$ 10,010.68$ ADA Equipment (Non-Taxable) 20,794.87$ 41,589.74$ MBTA Fee (Non-Taxable) 6,459.65$ 12,919.30$ Total Non-Taxable Items 32,259.86$ 64,519.72$ Base Price (Non-Taxable Items Removed) 613,704.72$ 1,227,409.43$ Sales Tax (Simi Valley, CA - 7.25%) 44,493.59$ 88,987.18$ Original Total Contract Price 645,964.57$ 1,291,929.14$

7.25% Tax on Non-Taxable Items 44,493.59$ 88,987.18$ Revised Total Contract Price 690,458.16$ 1,380,916.32$ Authorized Signatures:

New Flyer Authorization:

Signature:

Title:

Date:

Property Authorization:

Signature:

Title:

Date:
8/1/2023
Exhibit C - New Flyer of America Sales Quote
171
Simi Valley Transit
Option for Two (2) CNG Buses
Tab 3, Bus Price Change Detail
Solicitation Requirements:

N/A
New Flyer Response:

Please see attached New Flyer’s Price Detail Sheet.

This
sheet includes all price changes that are required to go from the base bus to the proposed configuration, as requested.

Exhibit C - New Flyer of America Sales Quote
172
Price Change Detail
Property: Simi Valley
Option Origin: MBTA Contract 18-01
Sales Release No.: 0
Quantity: 2
Bus Type: XN35
Price per coach
Price Change Type Reference No. Option No. Option Group SRCR No. Description Total Base Bus Price Change 1 205 Tires Change to aluminum wheels - Contract Item #59 4,914.18 2 219 Engine Add Engine and transmission oil drain plugs 48.20 3 219 Engine Add Oil sampling 18.09
4 219 Engine Add water filter 112.14
5 246 Air, Brake & Lev System Change to Bendix AD-IP air dryer - Contract item #115 (33.58) 6 260 Battery Compartment Add Anderson jump starter - Contract item #121 155.91 7 273 Exterior Lamp Change to 7" red/amber tail lights 186.66 8 273 Exterior Lamp Add second center stop light strip 64.20 9 277 Interior Lighting Change to blue interior light covers - first two banks of lights on each side, the rest are white (included at no cost) 0.00 10 277 Interior Lighting Add SDS service light 68.43
11 280 Passenger Signal Add Push button signal at seat stanchions 23.53 12 284 Elect - Side/Console Add Side console lighting 123.12 13 284 Elect - Side/Console Add Silent alarm - Contract item #123 83.44 14 284 Elect - Side/Console Add Sweeper light switch 11.76 15 350 Drivers Control Change to Teleflex adjustable pedals - Contract item #126 1,220.05 16 350 Drivers Control Change Steering wheel to a 3 spoke, 22" diameter hard plastic. 113.84 17 420 Body A/P Before Paint Change to screened engine door 379.00 18 422 Body A/P After Paint Change Interior sidewall melamine colour - Beige Gloss. (226.31) 19 422 Body A/P After Paint Add Watch your step sign 216.07 20 423 Advertising Frames Add Ad frames to the SDS box - 14" x 20" rear facing. 223.35 21 470 Destination Signs Add heating to front destination glass 131.94 22 470 Destination Signs Add rear route sign (Hanover) - Contract item #72 1,370.95 23 Left Blank Intentionally 0.00
24 480 Mirrors Change to customer specific exterior mirrors (includes single remote controlled and turn signal LEDs) 135.84 25 480 Mirrors Add Overhead entrance (stepwell) mirror 65.14 26 491 Door Exit Change to customer specific exit door - includes solid state proximity switch and Vapor CLASS system and door glass size - 2/3 top, 1/3 bottom 3,228.86 27 526 Seating & Stanchions Change to customer specific passenger seating layout - 32 passengers, USSC Aries (14,450.00) 28 526 Seating & Stanchions Change to customer specific Recaro driver's seat (100.09) 29 526 Seating & Stanchions Add six handhold straps 131.54 30 580 Wheelchair Lift Add wheelchair ramp counter 68.92 31 600 Customer Options Add Front electric towing receptacle - Cole Hersee. 39.61 32 600 Customer Options Add Ground straps - two straps 14.21 33 600 Customer Options Add interior fan 296.18
34 600 Customer Options Add three SDS trays 433.18
35 600 Customer Options Add Curbside front equipment box 83.37 36 600 Customer Options Add Driver's storage box behind seat 78.14 37 600 Customer Options Add Registration holder 14.00
38 600 Customer Options Add radio system provisions 176.44 39 600 Customer Options Add Apollo camera system 22,780.19 40 600 Customer Options Change to Kidde fire suppression system with methane detection 1,926.89 41 600 Customer Options Add Sportsworks Trilogy bike rack - Contract Item #3 3,850.47 42 Delivery Deliverable Add delivery price "Delivery Zone 2" - Contract Item #67 6,093.49 43 Delivery Deliverable Registration Cost 412.65
Base Bus Price Change Total 34,484.00
Grand Total 34,484.00
Exhibit C - New Flyer of America Sales Quote
173
Simi Valley Transit
Option for Two (2) CNG Buses
Tab 4, Bus Warranty Proposal
Solicitation Requirements:

N/A
New Flyer Response:

Please see the attached New Flyer Warranty Proposal.

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

Exhibit C - New Flyer of America Sales Quote
174
CONTRACT DELIVERABLES LIST Warranty
CUSTOMER NAME Simi Valley

MAJOR COMPONENT DESCRIPTION COMMENTS

PROVIDER YEARS MILEAGE
Base Bus Warranty New Flyer of America 1 50,000 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 Ma
gnesium Chloride or equivalents, unless New Flyer approved preventative measures are taken.

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 Hanover 10 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 Vansco 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 Paint Axalta 5 Unlimited
Air Dryer
Bendix 2 200,000
Alternator
EMP 2 100,000
Charge Air Cooler
EMP 3 150,000
Cooling System
EMP 3 150,000 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.

Hydraulic System
New Flyer of America 2 100,000
Starter
New Flyer of America 2 100,000 Warranty covers parts only Towing
New Flyer of America 5 300,000
Handling (15%)
New Flyer of America 5 300,000

BASE AND EXTENDED WARRANTY
Exhibit C - New Flyer of America Sales Quote
175
Road Call
New Flyer of America 5 300,000
Fire Suppression System
Kidde 2 Unlimited
Radiator Fan Drive
EMP 3 150,000
Power Steering
Ixtec 2 200,000
Surge Tank
New Flyer of America 2 100,000
Passenger Seating
USSC 5 Unlimited
Fuel Storage & Delivery System
New Flyer of America 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.

For Warranty Use Only
Exhibit C - New Flyer of America Sales Quote
176
Simi Valley Transit
Option for Two (2) CNG Buses
Tab 5, Bus Publications Proposal
Solicitation Requirements:

N/A
New Flyer Response:

Exhibit C - New Flyer of America Sales Quote
177
CONTRACT DELIVERABLES PROPOSAL PUBLICATIONS rev a. September 4, 2019 0 Simi Valley Contact First Name:

Contact Last Name:

Title:

Salutation:

Facility:

Address 1:

Address 2:

City:

State / Province:

Zip / Postal Code:

Phone:

Cell:

Facsimile:

Special Shipping Instructions:

Other Info:

Email Address Contact:

Email Address Other 1: Contacts for Manual Bulletin Only Email Address Other 2:

Email Address Other 3:

This is for one XN35 Build of 2
buses only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(years) COMMENTS
Draft Operator's Guide (8.5x11 3-hole) 0 With First Bus Delivery N/A Not Required. Manual will be
similar to first build of contract
Draft Parts Manual 0 With First Bus Delivery N/A
Not Required. Manual will be
similar to first build of contract
Draft Service Manual 0 With First Bus Delivery N/A
Not Required. Manual will be
similar to first build of contract
Draft Bus System Drawings Manual (11x17 3-hole regular
paper includes air, electr, hydraulic, cooling, PLC HVAC layouts and schematics) 0 With First Bus Delivery N/A
Not Required. Manual will be
similar to first build of contract
Draft TIV DVD ROM 0 With First Bus Delivery N/A
Not Required. Will be similar to first
build of contract
Emergency Responder Guides (8.5x11 laminated cards) 2 With First Bus Delivery N/A Emergency information to be on
board each bus.

Final Operator's Guide (8.5x11 3-hole) 2 With First Bus Delivery 5 Final Parts Manual 1 Within 15 Business Days After Last Bus Delivery 5 Final Service Manual 1 Within 15 Business Days After Last Bus Delivery 5 Final Bus System Drawings Manual (11x17 3-hole regular
paper includes air, electr, hydraulic, cooling, PLC HVAC layouts and schematics) 1 Within 15 Business Days After Last Bus Delivery 5 Final TIV DVD ROM 1 Within 15 Business Days After Last Bus Delivery 5 CD Includes only NF Manuals plus
*
Sub Total
This is for one XN35 Build of 2
buses only

DESCRIPTION QTY CUSTOMER DELIVERY UPDATES
(years) COMMENTS
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
Custom Parts Manual 1 " N/A
Custom Parts Manual PDF file 1 " N/A *
Fault Code Troubleshooting Manual (Vol 1 - 3) 1 " N/A
Service Manual (Vol 1 - 2) 1 " N/A
Operation & Maintenance Manual 1 " N/A
Owners Manual 1 " N/A
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
Service Manual - Gen 4/5 1 " N/A
*
Parts Manual - Gen 4/5 1 " N/A *
Troubleshooting Manual - Gen 4/5 1 " N/A *
Principals of Operation Manual - Gen 5 1 " N/A *
Quick-Tech Troubleshooting Guide - Gen 5 1 " N/A *
Mechanics Tips - Gen 5 1 " N/A *
Operator's Manual - Gen 5 1 " N/A *
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
Unit Operation & Maintenance Manual 1 " N/A
*
Intelligaire III Controls Diagnostic Manual 1 " N/A *
Cummins L9N (CM2380) 2018EPA Engine OEM Vendor
Manual Set (includes only the following)
Ship All Publication items (including updates) to:

New Flyer Standard Bus Publications
OEM Supplier Publications
Allison Transmission B300/400 Gen 5 OEM Manual Set
(includes only the following)
Thermo King HVAC OEM Manual Set (includes only the
following)
Exhibit C - New Flyer of America Sales Quote
178
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
MH4 Cooling System Service Manual 1 " N/A *
MH4 Cooling System Troubleshooting Manual 1 " N/A *
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
ABS Maintenance Manual 1 " N/A
*
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
Operation & Maintenance Manual 1 " N/A
*
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
System User Manual 1 " N/A
*
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
Dual Spectrum System User Manual 1 " N/A
*
With Draft Manual Delivery or Soon After Receiving From OEM Supplier
Hardware User Guides 1 " N/A
*
Software User Guides 1 " N/A *
Sub Total
This is for one XN35 Build of 2
buses 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
Additional Labour Hours required for NF Draft Bus Manual Set Publishing (300 Hours) 0 N/A Not Required
Sub Total
Grand Total
Sales Specialist Director of Publications
New Flyer New Flyer
KIDDE Gas Detection and Fire Suppression System OEM
Manual Set (includes only the following)
Vansco Multiplexing System OEM Manual (includes only the following)
Other New Flyer Costs
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)
Apollo Video System OEM Manual Set (includes only the
following)
Exhibit C - New Flyer of America Sales Quote
179