TRANSR.2401.MG
C
ITY OF SIMI VALLEY
MEMORANDUM
D
ecember 16, 2024
T
O: City Council
F
ROM: Department of Public Works
S
UBJECT: AWARD OF CONTRACT TO THE AFTERMARKET PARTS COMPANY,
LLC DBA NFI PARTS FOR THE PURCHASE OF NEW FLYER BUS
PARTS, SPECIFICATION NO. SV 25 -07, APPROVE A SUPPLEMENTAL BUDGET REQUEST TO LOCAL TRANSPORTATION FUND (FUND 238)
WITH AN INTERFUND TRANSFER TO THE TRANSIT FUND (FUND 750)
FOR THE FIRST YEAR OF THE CONTRACT , AND AUTHORIZE THE
CITY MANAGER OR DESIGNEE TO APPROVE ANY SUBSEQUENT
CONTRACT AMENDMENT AND INCORPORATE FUTURE BUDGETED
FUNDS INTO THE CONTRACT AMOUNT
STAFF RECOMMENDATION
I
t is recommended that the City Council:
1. Aw
ard a contract (page 4 ) to The Aftermarket Parts Company, LLC dba NFI Parts , Specification No. SV 25-07, for an amount not to exceed $321,907.46 for the purchase of New Flyer bus parts for an initial term of three years, from January 1, 2025, to December 31, 2027, with two , one-year, options to extend for a total term not to exceed five years;
2. A
pprove a supplemental budget request of $107,302.49 to Local Transportation Fund (Fund 238) with an interfund transfer to the Transit Fund (Fund 750) for the first year of the contract; and
3. A
uthorize the City Manager or her designee to approve any subsequent contract amendments and incorporate future budgeted funds into the contract amount for the two, one-year term extensions in accordance with the contract.
BACKGROUND AND OVERVIEW
S
imi Valley Transit relies on timely procurement of bus maintenance and repair parts to ensure reliable transit service. On September 17, 2024, Staff solicited bids for the purchase of New Flyer bus parts, Specification No. SV 25- 07. The City received one bid from The Aftermarket Parts Company dba NFI Parts on October 22, 2024. Staff reviewed the bid, corrected calculating errors based on the unit price and updated the Bid Total accordingly. The proposed contract is from January 1, 2025 , to December 31, 2027, for
AGENDA I
TEM NO.
Consent (5)
TRANSR.2401.MG
a not to exceed amount of $321,907.46 ($107,302.49 per year), with two one-year options to extend the term, not to exceed a total of five years.
FINDINGS AND ALTERNATIVES
A Notice Inviting Bids was published in the Ventura County Star , emailed t o the contractors on the City’s contractors’ list, and posted on the City’s website. The specifications were also made available at City Hall. On October 22, 2024, the bid opening date, one bid was received, as shown below:
Contractor BID Amount
The Aftermarket Parts Company, LLC dba NFI Parts $321,907.46
The Aftermarket Parts Company, LLC dba NFI Parts, is the City’s current bus parts supplier. Its history with the City demonstrates consistent reliability and expertise in meeting the City’s specifications and ensuring timely delivery. Staff reviewed the bid submitted and determined that the bid is responsive. The single-bid response may reflect the specialized nature of the parts needed and the alignment of the New Flyer bus parts inventory with the City’s fleet requirements. Maintaining supplier continuity also reduces the risk of potential disruptions to transit services.
The bid document provides that the contract must supply bus parts as needed. The contract award per year will be $107,302.49, for a total not to exceed amount of $321,907.46 for the initial three-year term of the contract. The current budget allocation for the bus maintenance and repair parts is insufficient to cover the expense for the first year of the contract. Accordingly, a supplemental budget of $ 107,302.49 is requested.
The supplemental budget will be funded from the Local Transportation Fund (Fund 238) where appropriate funds are currently available. The remaining contract expenditures would be included in subsequent annual City budgets.
The following alternatives are available to the City Council:
1. Award a contract to The Aftermarket Parts Company, LLC dba NFI Parts, Specification No. SV 25-07, for a total amount not to exceed $321,907.46 for the purchase of New Flyer bus parts for an initial term of three years , from January 1, 2025 to December 31, 2027, with two, one-year, options to extend for a total term not to exceed five years;
2. Approve a supplemental budget request of $107,302.49 to Local Transportation Fund (Fund 238) with an interfund transfer to the Transit Fund (Fund 750) for the first year of the contract; and
3. Authorize the City Manager or her designee to approve any subsequent contract amendments and incorporate future budgeted funds into the contract amount for any extensions.
2 TRANSR.2401.MG
4. Provide staff with other direction.
Staff recommends Alternative Nos. 1, 2 and 3.
SUGGESTED CITY COUNCIL MOTION
I move that the City Council award a contract to The Aftermarket Parts Company, LLC dba NFI Parts, Specification No. SV 25-07, for an amount not to exceed $321,907.46 for the purchase of New Flyer bus parts for an initial term of three years, from January 1, 2025, to December 31, 2027, with two, one-year, options to extend for a total term not to exceed five years ; approve a supplemental budget request of $ 107,302.49 to Local Transportation Fund (Fund 238) with an interfund transfer to the Transit Fund (Fund 750) for the first year of the contract ; and authorize the City Manager or her designee to approve any subsequent contract amendment and incorporate future budgeted funds into the contract amount for the two, one-year term extensions.
SUMMARY
On September 17, 2024, the City solicited bids for the purchase of New Flyer bus parts, Specification No. SV 25-07, where The Aftermarket Parts Company, LLC dba NFI Parts is the only responsive bidder. Staff recommends that the City Council award a contract to The Aftermarket Parts Company, LLC dba NFI Parts for the purchase of New Flyer bus parts for an initial term of three years ; approve a supplemental budget request of $107,302.49 to Local Transportation Fund (Fund 238) with an interfund transfer to Fund 750 for the first year of the contact ; and authorize the City Manager or her designee to approve any subsequent contract amendments and incorporate future budgeted funds into the contract amount for the two (2) one-year term optional extensions in accordance to the contract.
____________________________________
Ronald K. Fuchiwaki
Public Works Director
Prepared by: Gian Maria Garcia, Management Analyst
INDEX Page
Contract – The Aftermarket Parts Company, LLC dba NFI Parts …….. 4 Exhibit A – Price Bid Schedule ……………………………....…………… 6
Exhibit B – FTA Contract Clauses ………………………………….…….21
3 TRANCON.2401.MG -2-Contract.doc 12/11/24
AGREEMENT NO. 3250058
Services Agreement
CONTRACTOR: THE AFTERMARKET PARTS COMPANY, LLC. dba NFI PARTS DATE MAILED: 12/16/2024 Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the Ci ty of Simi Valley. Only those items checked- off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $2 ,000,000 per occurrence. Auto Liability, including owned, non-owned and hired vehicles with at least:
$500,000 per occurrence.
$1,000,000 per occurrence.
As required by State Statutes. A copy of your current policy must be submitted naming yourself and or your company. Workers’ Compensation Insurance: as required by State Statutes. (Not needed if Self -employed with no employees and CONTRACTOR signs statement to this effect.)
Errors & Omissions or Malpractice or Professional Liability: depending on type of contract/service. At least $5 00,000 per occurrence. Business License: The CONTRACTOR must have a current City of Simi Valley license on file at City Hall or purchase said license (at no cost to the City).
PLEASE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY
PURCHASE ORDER BEING SENT TO YOU (VIA EMAIL OR HARD COPY) BY THE RISK MANAGER/PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.
Submitted by (complete all blanks): COLOR COPY REQUIRED BACK TO THE CITY Company Name:
THE AFTERMARKET PARTS COMPANY, LLC. dba NFI
PARTS
By (Print name & title):
Kerri Moloney, Vice President, Sales and Customer Service Company Street Address:
3229 Sawmill Parkway
Vendor’s Authorized Signature required:
City, State, Zip:
Delaware, OH 43015
Date signed:
Phone:
1-800-665-2637
Agreement Date & Expiration Date:
January 1, 2025 through December 31, 2027
Services Rendered:
Purchase of New Flyer Bus Parts, Specification No. SV 25-07 Agreement Amount
Not-To-Exceed $321,907.46
Originator/Department Contact: Ben Gonzales Date initiated:
Department Head Review: City Manager Approval :
Return the original fully executed form to the City Clerk's office
Attach: Scope of Work and/or Quotes, Exhibit A, Exhibit B
4 1.GENERALLY. The materials, supplies, or services (collectively,
“Purchase”) covered by this purchase order (“order”) must be furnished by Seller subject to all the terms and conditions contained in this order which Seller, in accepting this order, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all terms and conditions in this order. The terms of any proposal referred to in this order are included and made a part of the order only to the extent it specified the Purchase ordered, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this order.
2.INSPECTION. The Purchase furnished must be exactly as specified in this order, free from all defects in Seller’s performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. If, before final acceptance, any Purchase is found to be incomplete, or not as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase at a reduction in price that is equitable under the circumstances. If seller is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the order in whole or in part. Seller bears all risks as to rejected Purchases and, in addition to any costs for which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City’s acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud.
3.CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable adjustment in the price or delivery or both must be made. No change by Seller is allowed without City’s written approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.
4. TERMINATION. City may terminate this order at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.
5.TIME EXTENSION. City may extend the time for completion if, in City’s sole determination, Seller was delayed because of causes beyond Seller’s control and without Seller’s fault or negligence. In the event delay was caused by City, Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.
6.REMEDIES CUMULATIVE. City’s rights and remedies under this order are not exclusive and are in addition to any rights and remedies provided by law.
7.TITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.
8.PAYMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order. Drafts will not be honored.
9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance, except for such loss or damage arising from City’s sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survive termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification.
10.WARRANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.
11.ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.
12.INSURANCE. Seller must provide the insurance indicated on the face sheet of this order.
13.PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order.
14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City.
Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only.
15.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character.
16.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Ventura County.
5 SPECIFICATION NO. SV 25.07
SUBMIT WITH BID
UNIT PRICE BID SCHEDULE
Schedule of Prices for the:
PURCHASE OF NEW FLYER BUS PARTS,
SPECTFTCATTON NO. SV 2s-07
in Simi Valley, California
Please complete the following unit pricing and extended pricing for all items specified. This section is to be submitted to the City along with the Summary Bid Submission Form in accordance with the other bid requirements described herein.
Vendor must bid on all items in order to be considered for Award Bid Ouotes and [J it Price Extensions - The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the bidder must be entered in figures in the spaces provided on the Bid Submission Form(s). The Bid Submission Form(s) must be totally completed. lf the unit price and the total amount stated by any bidder for any item are not in agreement, the unit price alone will be considered as representing the bidder's intention and the total will be corrected to conform to the specified unit price.
ITEM
NO. PART NO. DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
1 425708 (oBS) ASSY-
MARK LAMP
AMB LED
NFI Parts 22.51 EACH 3 67.53
2 554125 (oBS) LAMP-
LED SIDE
CONSOLE
NFI Parts 132.88 EACH 1 132.88
3 501076 (oBS)
REGULATOR
-24V 50VR
CONN.
NFI Parts 222.21 EACH 1 222.21
4 2002838
ARB
AIR DRYER,
WILKERSON
DESICCANT
MINI
DISPOSABLE
NFI Parts 128.38 EACH I 128.38
5. 6341684 AIR FILTER
wiQ59024
GASKET
NFI Parts 142.08 EACH 1 142.08
6 1203475
ARB
AIR SPRING,
7'' AIR LIFT
FRONT
DOMINATOR
(AIR BAG)
NFI Parts 235.33 EACH 1 235.33
7 138559 ALARM.
BACK UP NFI Parts 63,38
EACH 5
316;90
14 EXHIBIT A
6 SPEC|F|CAT|ON NO. SV 25-07
SUBMIT WITH BID
ITEM
NO
I
PART NO. DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
6394998 ASSEMBLY-
FAN
PROGRAMM
ED
NFI Parts 551.54 EACH 1 551.54
9, 292673 ASSY-
AMBERYTUR
N LED DIA
NFI Parts 64.03 EACH 2 128.06
1 0
11 448874 ASSY-
BRAKE
VALVE
NFI Parts 91.94 EACH 2 183.88
393842 ASSY-DRAG
LINK DISC 4'
JOUNCE
NFI Parts 571.39 EACH 2 1,142.79
12. 13
14 438921 ASSY.ELECT
cHrME (NO
BOX)
NFI Parts 79.68 EACH 2 159.36
853820 ASSY-EXT
MIRROR, SS NFI Parts 556.37
EACH 2
1,112.74
546231 ASSY-EXT
MIRROR,CS NFI Parts 583.46
EACH 2
1,166.92
15. 598664 ASSY-HORN
BUTTON
W/LOGO
NFI Parts 83.28 EACH 5 416.40
16 414976 ASSY-HOSE
EQlT-REX-
20 FL27
NFI Parts 154.22 EACH 5 771.10
17. 425568 ASSY-HOSE
EQlT.REX-
20 FL31
NFI Parts 115.16 EACH 5 575.80
18. 425569 ASSY.HOSE
EQlT-REX-
20 FL50
NFI Parts 125.72 EACH 5 628.60
19 550857 ASSY-HOSE
EQlT-REX-
20 FL52
NFI Parts 119.01 EACH 5 595.05
20 421847 ASSY-HOSE
EQ2-12FL72 NFI Parts 108.32
EACH 2
216.64
21 454116 ASSY-HOSE
NOZ2-04
F120.0
NFI Parts 16.64 EACH 2 33.28
22 509257 ASSY-HOSE
NOZ2-04
F126.0
NFI Parts 19.99 EACH 2 39.98
15 7
SPECtFtCATtON NO. SV 25-07
SUBMIT WITH BID
ITEM
NO. PART NO. DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
23 488400 ASSY-HOSE
NOZ2-04
F130.0
NFI Parts 19.74 EACH 2 39.48
24. 492452 ASSY-HOSE
HOZ2-04
F134.0
NFI Parts 23.87 EACH 5 1 19.35
25. 454402 ASSY-HOSE
NOZ2-04
F139.0
NFI Parts 21.62 EACH 2 43.224
26 454117 ASSY-HOSE
NOZ2-06
F143.0
NFI Parts 26.67 EACH 2 53.34
27 294477 ASSY-LAMP
LICENSE
PLATE LED
NFI Parts 23.57 EACH 2 47.14
28 439139 ASSY-LAMP
RED STT 7
LED CNG
NFI Parts 81.42 EACH 5 807.10
29 478879 ASSY.LAMP
STRIP LED
RED 18INCH
NFI Parts 68.80 EACH 5 344.00
30. 1013116 ASSY-MARK
LAMP AMB
LED
NFI Parts 22.51 EACH 5 112.s5
31 122824 ASSY-
PROXIMITY
SWITCH
NFI Parts 218.51 EACH 2 437.02
32 568228 ASSY-RAD
DOOR XPL1 NFI Parts 2,4'14.39
EACH 1
2,144.39
33 6467830 ASSY-
SURGE
TANK
NFI Parts
2,483.21
EACH 2 4,966.42
34 6368594 ASSY-VALVE
RELAY R-14 NFI Parts 215.29
EACH 5
1,076.45
35 01325 BASE-RELAY
SOCKET NFI Parts 0.98
EACH 10
9.80 36. 6392545 BEARING
ROLLER
TAPER
105X160X140
T$[ElRattbere 267.35 EACH 1 267.35
37 303734 BELLOW-AIR
SPRING
tTt5L-4
NFI Parts 1 13.89 EACH 15 1,708.35
16 407.10
2,414.39
8 SPECIFICATION NO. SV 25.07
SUBMIT WITH BID
ITEM
NO. PART NO. DESCRIPTION BRAND
38. 055089 BELLOWS
AIR W/O
STOP
NFI Parts
UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
119.62
81.61 119.62 EACH 1
39. 024598 BELT 2I5V 85
LG NFI Parts 81.61
EACH 1
40 8112552
NFA2
BLADE-
WIPER 26.0
GEN2
NFI Parts 10.73 EACH 15 160.95
41 117138 BOLT
FLEXPLATE
c8.3
NFI Parts 9.88 EACH 15 148.20
42 6471641 BOLT
MOUNTING
WHEEL
M22X1.5X49
x79-10
NFI Parts 17.06 EACH 10 170.60
43. 6458685 BOLT, HEX
M18 X 1.5 X
65 NFI Parts 8.96 EACH 10 89.60
44 6458685 BOLT, HEX
M18 X 1.5 X
65 NFI Parts 8.96 EACH 50 448.00
45 6326688 BOLT, M6 X
1.0 x 16 NFI Parts 10.88
EACH 20
217.60
46 117139 BOLT-
CRANKSHAF
T C8.3
NFI Parts 13.47 EACH 20 269.40
47 1306522
ARB
BRACKET,
MAGNET
MOUNT
ROADSIDE
REAR
NFI Parts 202.19 EACH 5 1 ,010.95
48. 6392524 BUSH,
PRESSING NFI Parts 257.23
EACH 5
1,286.15
49. 470238 CAP-
RADIATOR
16 PSIG LEV-
R-VENT
NFI Parts 12.43 EACH 10 124.30
50 6406326
RCC
CARTRIDGE-
KIT CORE
DESICCANT
PG
NFI Parts 1 15.68 EACH 15 1,735.20
51 6406326R CARTRIDGE-
KIT
DESICGANT
PG REMAN
NFI Parts 240.79 EACH 15 3,611.85
17 9
SPEC|F|CAT|ON NO. SV 25-07
SUBMIT WITH BID
ITEM
NO. PART NO DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRIGE
52 6344747 CENTER
LINK ASSY NFI Parts 506.80
EACH 2
1 ,013.60
53. 6335363 CHECK
VALVE KIT,
DELIVERY
NFI Parts 26.77 EACH 15 401.55
54. 656668 CHMBR-FRT
DISC SS SST
ROD 241
NFI Parts 188.23 EACH 4 752.92
55 439000 CLAMP-
BREEZE
2.25-3j3 CT
TS RND
NFI Parts 10.96 EACH 15 164.40
56 6444514 CLUTCH,
ASSEMBLY NFI Parts 2,541.94
EACH 2
5,083.88
57 6488746 COIL PACK
NFI Parts 309.04
EACH 2
618.08
58. 398640 CONTROL-
ENGINE
SPEED
NFI Parts
172.09
EACH 1 172.09
59. 6401050U CORE.
PRESSURE
SENSOR
NFI Parts 26.20 EACH 5 131.00
60 G103402 COTTER PIN
NFI Parts 0.40
EACH 10
4.00 61. 494690 DECAL-
STANDEE
LINE, YL
(ENG/SPN)
Type text here
NFI Parts 4.43
EACH 5
22.15 62. 6312400
NFA
DRUM
BRAKE
REAR, ALT.1
NFI Parts 281.04 EACH 5 1,405.20
63. 028889 ELBOW
SILICONE 90
2.25 NFI Parts 83.48 EACH 5 417.40
64 0295629 ELBOW-SIL
90 sEG 1.38
ID 4 PLY
NFI Parts 39.86 EACH 10 398.60
65 089955 ELBOW-
SILICONE
O.BB ID
NFI Parts 46.33 EACH 10 463.30
66 0265709 ELB.
stLtcoNE
45DEG 1.38
NFI Parts 49.03 EACH 10 490.30
18 10
SPECIFICATION NO. SV 25.07
SUBMIT WITH BID
ITEM
NO PART NO. DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
67 6389969 ELEMENT
NFI Parts
121.52 EACH 15
1,822.80
68 6458565 ELEMENT,
PRIMARY
AIR FILTER
NFI Parts 120.57 EACH 5
602.85
69 6458566 ELEMENT,
SECONDARY
AIR FILTER
NFI Parts 78.14 EACH 5 390.70
70 6339089 FILTER
ELEMENT
FUEL
NFI Parts 35.38 EACH 5 176.90
71 r13-1126 FILTER
PACKAGE-
TRANS,B5OO,
HIGH
CAPACITY
NFI Parts 147.06 EACH 10 1,470.60
72. 0477007 FILTER-
SAFETY
ELEMENT
DONALDSON
NFI Parts 68.75 EACH 5 343.75
73. 6326692 FLEXPLATE
NFI Parts 119.14
EACH 5
595.70
74 6326691 FLEXPLATE
ASSY
NFI Parts
187.71
EACH 2 375.42
75. 6358803 GAS STRUT NFI Parts 27.01 EACH 5 135.05
76 6339300 GASKET
HYDRAULIC
PUMP
NFI Parts 22.19 EACH 1 22.19
77 81 12038 GAUGE.
ENG OIL
PRESS
NFI Parts 68.98 EACH 1 68.98
78 6338066 GLASS
CONVEX NFI Parts 41.93
EACH 1
41.93 79. 6357280 GLASS FLAT,
W/ TURN
SIGNAL
NFI Parts 100,28 EACH 5 501.40
80. 0523874 GLASS-
DESTN SIGN
HTD LAM
NFI Parts 1,107.53 EACH 3 3,322.59
19 11
SPEGIFICATION NO, SV 25.07
SUBMIT WITH BID
ITEM
NO. PART NO. DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
81 0399079 GOVERNOR-
CMPRSR,
NARROW
BAND, HP
NFI Parts 125.95 EACH 1 125.95
82 83
84 85.
013774 HOOK EASY
NFI Parts 1.80
EACH 5
9.00 6356857 HOSE
FLEXIBLE NFI Parts 90.01
EACH 5
450.05
8111087 HOSE-HUMP
NFI Parts 21.05
EACH 15
315.75
034528 HOSE-HUMP
2.50 tD NFI Parts 18.73
EACH 15
280.95
86. '198972 HRNS-TURN
FOOT
SWITCH
Type text here
NFI Parts
106.87
EACH 5
534.35
87 88
89. 0410388 JBOLT-HOLD
DOWN,
BATTERY
NFI Parts
21.04 EACH 10
210.40
6356537 KIT,
HARDWARE,
HAMSAR
LAMP
NFI Parts
5.68 EACH 10
56.80 6361373 KIT, MULTI-
PURPOSE
CAP (10 pcs
per kit)
NFI Parts
110.09
EACH 1
110.09
90. 91
92 523585 KIT-FAN
REVERSE/DI
AGNOSTIC
NFI Parts
300.80
EACH 2
601.60
485937 KIT-
POTENTIOM
ETER TEMP
NFI Parts
100.12
EACH 5
500.60
351 51 5 KNOB
NFI Parts 13.64
EACH 10 136.40
93. 6466348 LAMP-ASSY
CURBSIDE NFI Parts
716.93
EACH 4
2,867.72
94. 6466349 LAMP-ASSY
STREETSIDE NFI Parts 716.93
EACH 4
2,867.72
95 LAMP.
L/PLATE LED
616198
NFI Parts 42.44
EACH 4 169.76
20 12
SPECIFICATION NO. SV 25.07
SUBMIT WITH BID
ITEM
NO PART NO. DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
96 000502 LATCH-
RUBBER NFI Parts 11.05
EACH 10
110.50
97 6469710 LOWER
COOLANT
LEVEL
SENSOR
NFI Parts 378.55
EACH 5
1,892.75
98 6392461 MODULE,
CENTER
BLACK
NFI Parts 589.73
EACH 1
589.73
99 6392462 MODULE,
CORNER LH
BLACK
NFI Parts 408.74
EACH 1
408.74
100 507992 MODULE-
DISPLAY IP
40'MPH
NFI Parts 826.85
EACH 1
826.85
101.
Supers
64663t
646632
352243
ded by
3 Lamp Assy CS
) Lamp Assy SS
MODULE-
DRIVER
HEADLAMP
LED
NFI Parts 716.93
EACH 1
716.93
102 431754 MODULE-
VMM 1210 NFI Parts
506.96
EACH 1
506.96
103 6344055 MOTOR
ASSY, 12 V NFI Parts 132.32
EACH 1
132.32
104 6344049 MOTOR, LG
12V NFI Parts 107.73 EACH 1
107.73
105 1 306500-
18 MOUNT,
FRONT
SPRING
PIVOT ROAD
SIDE
NFI Parts 234.59
EACH I
234.59
106. 499546 MOUNT-ENG
clRc 45
HIGH TEMP
NFI Parts 1 15.96
EACH 5
579.80
107 492756 MOUNT-
METACONE
60 HIGH
TEMP
NFI Parts 160.17
EACH 5
800.85
108 6465842 NOZZEL
ASSY NFI Parts 1.09
EACH 5
5.45 109. 50N04000 NUT HEX SS
1/4'20 UNC NFI Parts 0.21
EACH 10
2.10 21
13 SPEC|FICAT|ON NO. SV 25-07
SUBMIT WITH BID
ITEM PART NO. DESCRIPTIONNO.
110 6392549 NUT,
SLOTTED
M100 x 1.5
BRAND UNIT
PRICE UNIT
EST.
ANNUAL EXTENDED
PRICE
NFI Parts 51.62
EACH 15
774.30
111 6392s46 O-RING NFI Parts 9.20 EACH 10
92.00 112. 6359407 OXYGEN
SENSOR NFI Parts 550.36
EACH 1
550.36
113. 6354550 PAD
ASSEMBLY
rOUCH
WHEELCHAIR
NFI Parts 173.35
EACH 1
173.35
114. 6326694 PLATE,
WEAR NFI Parts 39.91
EACH 5
199.55
115 0438282 PLUG-HEX.
10 ORB NFI Parts 4.39
EACH 10
43.90 116 6393888 PRELINED
SHOES MAN
KVT STD RR
AXLE SET
NFI Parts 1,709.07
EACH 1
1,709.07
117 6401050 PRESSURE
SENSOR NFI Parts 143.72
EACH 1
143.72
118. 0769007 PUMP-
VALEO S
PUMP 260
NFI Parts 873.60
EACH 1
873.60
119 084688 RECPT SST
SHEREX
3600
NFI Parts 214.16
EACH 5
1,070.80
120 6312007 RECTIFIER NFI Parts 7.72
EACH 5
38.60 1 2I 002174 RECTIFIER
BRIDGE NFI Parts 12.64 EACH 5
63.20 122 384352 REGULATOR
-ITT CNG NFI Parts 651.36
EACH 1
651.36
123 6502221 REGULATOR
-VERIFLO
FMSO CNG
NFI Parts 1,593.97
EACH 1
1,593.97
124. 1 06614 RELAY 24V
SPDT NFI Parts 2.92
EACH 15
43.80 22
14 SPEC|FICAT|ON NO. SV 25-07
SUBMIT WITH BID
ITEM
NO.
125
PART NO. DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
RESISTOR-
KIT
REPLACEME
NT
EACH 5
NFI Parts 119.11 595.55
ROD-RADIUS
LOWER
FRONT
EACH 1
NFI Parts 497.70 497.70
ROD-RADIUS
UPPER
FRONT
EACH 1
NFI Parts 336.20 336.20
ROD-UPPER
REAM
RADIUS
WINDOWED
EACH 2
NFI Parts 301.07 602.14
ROLLER-
TENSIONING
EACH 4NFI Parts 53.58 214.32
ROTOR-
BRAKE
FRONT
NFI Parts EACH 4
195.36 781.44
ROTOR-
BRAKE
REAR
EACH 4NFI Parts 195.36 781.44
63831 1 6
126 0344499
127 0574169
128. 0715555
129 097488
130. 6347297
1 3 1 6359347
132. 6361062 ROUND
BOLT, HEX
BM18 X 1.5 X
60 NFI Parts 9.39
EACH 100
939.00
1 33. 6388966 RUBBER
OVERSHOE
W/ TAB
WINDOWS
NFI Parts 45.62
EACH 5
228.10
134 6344764 SCREW
CYLINDER
M22
NFI Parts 17.27
EACH 30
518.10
135 15500020 SCREW PH
CROSS
RECESS SS
#10 32 U
NFI Parts
0.21 EACH 30
6.30 1 36. 6392550 SCREW,
CYLINDER
M16 X 1.5 X
100
NFI Parts 10.04
EACH 30
301.20
137. 6468902 SCREW, HEX
M16X1,5X40-
10.9 NFI Parts 8.85
EACH 30
265.50
r-l
23 15
SPEC|F|CAT|ON NO. SV 25-07
SUBMIT WITH BID
ITEM
NO. PART NO. DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
138 6477867 SEAL NFI Parts 7.90
EACH 25 197.50
139 6392547 SEAL-SHAFT
132X 160 X
10 NFI Parts 46.20
EACH 10
462.00
140 6392081 SEAL.SHAFT
W/ABS
PULSE
WHEEL
NFI Parts 100.04
EACH 10
1,000.40
1 4 1 6392083 SENSOR-
ABS LH NFI Parts 169.21
EACH 5
846.05
142. 6392084 SENSOR-
ABS RH NFI Parts 169.21
EACH 5
846.05
143. 6484941 SENSOR-
COOLANT
LEVEL NFI Parts 52.53
EACH 5
262.65
144 460722 SENSOR-
LOW FLUID
LEVEL NFI Parts 52.01
EACH 5
260.05
145. 6401050X SENSOR-
PRESSURE NFI Parts 143.72
EACH 5
718.60
146 6491400 SERVICE KIT NFI Parts 247.92
EACH 5
1,239.60
147. 013773 SHOCKCOR
D 1/8 DIP NFI Parts 0.52
EACH 10
5.20 148. 845035 SHOCK-
KONI,FR,WS
ENSOR
NFI Parts 319.79
EACH 1
319.79
't49 07-'to-I415 SIGN ASM.
FRONT,
HANOVER,
17X160,
PFLD
NFI Parts 1,938.18
EACH 1
1,939.19
150 6480019 SPARK
PLUG-ISL-G
AND LgN
NFI Parts 63.92
EACH 10
639.20
I 5 1 0260807 STARTER-
DELCO 42MT
rsL
NFI Parts 805.67
EACH 1
805.67
152. 521907 STRUT-GAS
80 LBF LOCK
.75 STUD
NFI Parts 31.60
EACH 10
319.00
24 16
SPECIFICATION NO. SV 25.07
SUBMIT WITH BID
ITEM
NO. PART NO.
153 370035
DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
STRUT-GAS
SPR 1O LBS
7.8 EXT LG
NFI Parts
20.79 EACH 10
207.90
154. 6356605 SUPPORT
ARM
ASSEMBLY
NFI Parts 263.77 EACH 1
263.77
155. 6460006 SUPPORT
ARM
ASSEMBLY,
INNER
NFI Parts 270.90
EACH 1
270.90
156 5962576 SWITCH
MAGN
STARTER
NFI Parts 25.36
EACH 1
25.36 157 5951270 SWITCH
MASTER
TPRG
NFI Parts 30.34
EACH 1
30,34
158. 2000853
ARB
SWITCH, L-
SERIES
OPEN
(DOOR)
CLOSE
DPDT
ENGLISH
ONLY
NFI Parts 14.03
EACH 1
14.03 159 254212 SWITCH-
DIMMER
HEADLIGHT
NFI Parts 16.32
EACH 5
81.60 160. 5925959 SWITCH-
FOOT, TURN
SIGNAL/PA
MOD
NFI Parts 17.48
EACH 5
87.40 161 507712 TANK-
COOLANT
RECOVERY
NFI Parts 70.85
EACH 5
354.25
162. 6493137 THROTTLE-
CUMMINS
DUAL
ANALOG
NFI Parts 302.64
EACH 1
302.64
163 441222 TRIM-
JOINER
STRIP L/D
NFI Parts 7.54
EACH 20
150.80
164 441224 TRIM-
JOINER
STRIP U/D
NFI Parts 9.89
EACH 20
197.80
.:]
25 17
SPECIFICATION NO. SV 25.07
SUBMIT WITH BID
ITEM
NO. PART NO DESCRIPTION BRAND UNIT
PRICE UNIT
EST.
ANNUAL
QUANTITY
EXTENDED
PRICE
165 6447295 VALVE
ASSEMBLY,
HEATER
CONTROL
NFI Parts 136.23
EACH 3
408.69
166 5957963 VALVE
SINGLE
CHECK
NFI Parts 19.17
EACH 5
95.85 167. 562945 VALVE-
PRESSURE
REDUCING
100PSt
NFI Parts 238.06
EACH 5
1,190.30
168. 6477579 VALVE-
SOLENOID NFI Parts
966.03
EACH 1
966.03
169. 480283 VALVE-SR7
SPRING
BRAKE
NFI Parts 415.59
EACH 1
415.59
170. 50w0000 WASHER
FLAT SS #10 NFI Parts 0.10
EACH 50
5.00 1 7I 50w04000 WASHER.
FLAT SS 1/4
NOM
NFI Parts 0.10
EACH 50
5.00 172. 8821 WELLNUT
#10 32 UNF NFI Parts 0.87
EACH 50
43.50 173. 518462 WINDSHIELD
-CURBSIDE
SIDE, SMG
NFI Parts 473.76
EACH 2
947.52
174 476983 WINDSHIELD
-STREET
SIDE
NFI Parts 372.89
EACH 2
745.78
175 518461 WINDSHIELD
-STREET
SIDE, SMG
NFI Parts 439.76
EACH 2
879.52
176 8112552
NFA
WIPER
BLADE 26' NFI Parts 10.73
EACH 20
214.60
177 6475006 WIRE
HARNESS
KIT,
SEATBELT
(3-WrRE)
NFI Parts 75.02
EACH 2
150.04
SUBToTAL (ANNUAL COST) $ 100,495.87
26 $100,048.94
18 SPECIFICATION NO. SV 25.07
SUBMIT WITH BID
QUANTITIES OF WORK:
The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City of Simi Valley does not expressly or by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work.
The Aftermarket Parts Company, LLC dba NFI Parts
Name of Bidder or Firm
27 19
SPEC|FICATION NO. SV 25-07
SUBMIT WITH BID
Summary of Bid Submission Form for the:
PURCHASE OF NEW FLYER BUS PARTS,
SPECTFTCAT|ON NO. SV 25-07
in Simi Valley, California
Dated:1 012112024
TO: Deputy Administrative Services Director (Budget and Purchasing) City of Sinri Valley
2929Tapo Canyon Road
SimiValley, CA 93063
The undersigned declares that he or she has carefully examined Specification No. SV 25-07 accompanying the invitation to bid and is thoroughly familiar with the contents thereof; is authorized to represent the bidding firm; and proposes to deliver, F.O.B. Simi Valley:
Bid ltem: New Flyer Bus Parts
Fully equipped and as described in said Specification, which is made a part of this proposal, quoted herein in full:
$ 100,495.87Subtotal (Annual Cost, page 26)
Subtotal (Annual Cost) x Three Years
Sales Tax @ 7.25o/o
BID TOTAL
The dollar amounts reflected above will be verified and the Only the unit price will be considered as representing the corrected to conform to the specified unit price.
301,487,61
21 57.85
$ 323.345.46
City will correct any calculation errors.
bidder's intention and the total will be
This bid does not include Federal Excise Taxes or License Fees THE ONLY EXCEPTIONS FROM THE SPECIFICATIONS ARE:
(Note: The Gity is not obligated to accept any deviations or exceptions from the specifications, and may at the Gity's sole discretion reject any such deviations or exceptions.)
Fifm Name; The Aftermarket Parts Company, LLC dba NFI Parts PhOne NO. 1-800-665-2637 AddfeSS: 3229 Sawmill Parkway, Delaware, OH 43015
Email
Signature:
28 l:]
100,048.94
300,146.82
21,760.64
321,907.46
20 46
This proj
ect will be financed by funds from the Federal Transit Administration (FTA).
Accordingly, the following third- party contract clauses are applicable to all contracts. Federal requirements apply to this contract and if those requirements change then the most recent requirements shall apply to the project as required.
ACCESS TO RECORDS AND REPORTS
1. Record Retention. The Contractor will retain, and will require its subcontractors of all tiers to retain, complete and readily accessible records related in whole or in part to the contract, including, but not limited to, data, documents, reports, statistics, leases, subcontracts, arrangements, other third party Contracts of any type, and supporting materials related to those records. (a) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.
2. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.334. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
3. Access to Records. The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information, including such records and information the contractor or its subcontractors may regard as confidential or proprietary, related to performance of this contract in accordance with 2 CFR § 200.337.
4. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractors access to the sites of performance under this contract in accordance with 2 CFR § 200.337.
AMERICANS WITH DISABILITIES ACT (ADA)
The contractor agrees to comply with all applicable requirements of section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, which prohibits discrimination on the basis of handicaps, with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments to that Act, and with the Architectural Barriers act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to persons with disabilities, including any subsequent amendments to that Act. In addition, the contractor agrees to comply with any and all applicable requirements issued by the FTA, DOT, DOJ,
EXHIBIT B
SPECIFICATION NO. SV 25- 07
FTA CONTRACT CLAUSES
21 SPECIFICATION NO. SV 25-07
47 U.S. GSA, U.S. EEOC, U.S. FCC, any subsequent amendments thereto and any other nondiscrimination statute(s) that may apply to the Project.
BUY AMERICA REQUIREMENTS
The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7.
Build America, Buy America Act. Construction materials used in the Project are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117 -58, d
iv. G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget’s “Buy America Preferences for Infrastructure Projects,” 2 CFR Part 184. The Recipient acknowledges that this agreement is neither a waiver of § 70914(a) nor a finding under § 70914(b). In accordance with 2 CFR § 184.2(a), the Recipient shall apply the standards of 49 CFR Part 661 to iron, steel, and manufactured products.
Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements
The bidder must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. For more information please see the FTA’s Buy America webpage at:
https://www.transit.dot.gov/buyamerica.
CARGO PREFERENCE REQUIREMENTS
The contractor agrees:
a. to use privately owned United States-F lag commercial vessels to ship at least 50 percent of any equipment, materials or commodities procured, contracted for or otherwise obtained with funds granted, guaranteed, loaned, or advanced by the U.S. Government under this agreement, and which may be transported by ocean vessel, shall be transported on privately owned United States-f
lag commercial vessels, if available. 46 U.S.C. § 55305, and U.S. Maritime Administration regulations, “Cargo Preference – U.S. -F lag Vessels,” 46 CFR Part 381.
b. to furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on -boar
d’ commercial ocean
bill
-o
f-la
ding in English for each shipment of cargo described in 46 CFR § 381.7(a)(1) shall be furnished to both the recipient (through the prime contractor in the case of subcontractor bills-o
f-l
ading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590
; and
22 SP
ECIFICATION NO. SV 25-07
48 c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
CHANGES TO FEDERAL REQUIREMENTS
Federal requirements that apply to the Recipient or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the Recipient’s Underlying Agreement including any information incorporated by reference and made part of that Underlying Agreement; and
Applicable changes to those federal requirements will apply to each Third Party Agreement and parties thereto at any tier.
CIVIL RIGHTS LAWS AND REGULATIONS
The following Federal Civil Rights laws and regulations apply to all contracts.
The Contractor and any subcontractor agree to comply with all the requirements prohibiting discrimination on the basis of race, color, or national origin of the Title VI of the Civil Rights Action of 1964, as amended 52 U.S.C 2000d, and U.S. DOT regulation “Nondiscrimination in Federally-Assist
ed Programs of the Department of Transportation – Effectuation of the Title VI of the Civil rights Act, “49 C.F. R. Part 21 and any implementing requirement FTA may issue.
1. Federal Equal Employment Opportunity (EEO) Requirements. These include, but are not limited to:
a) Nondiscrimination in F ederal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity.
b) Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin.
2. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex.
3. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as 23 SP
ECIFICATION NO. SV 25-07
49 amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals age 40 and over on the basis of age.
4. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies.
Civil Rights and Equal Opportunity
The Agency is an Equal Opportunity Employer. As such, the Agency agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the Agency agrees to comply with the requirements of 49 U.S.C.
§ 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Contract, the Contractor shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof.
1. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
2. Race, Color, Religion, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rat es of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the 24 SP
ECIFICATION NO. SV 25-07
50 Contractor agrees to comply with any implementing requirements FTA may issue.
3. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-63
4, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any Implementing requirements FTA may issue.
4. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
5. Promoting Free Speech and Religious Liberty. The Contractor shall ensure that Federal funding is expended in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements: including, but not limited to, those protecting free speech, religious liberty, public welfare, the environment, and prohibiting discrimination.
CL
EAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401-7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251-1387). V
iolations must be reported to FTA and
the Regional Office of the Environmental Protection Agency. The following applies for contracts of amounts in excess of $150,000:
Clean Air Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.
Federal Water Pollution Control Act
(1) The contractor agrees to comply with all applicable standards, orders or regulations 25 SPECIFICATION NO. SV 25-07
51 issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(2) The contractor agrees to report each violation to the Agency and understands and agrees that the Agency will, in turn, report each violation as required to assure notification to the Agency, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA.”
DEBARMENT AND SUSPENSION
The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Non- procurement Suspension and Debarment," 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Government wide Debarment and Suspension (Non-procurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be:
a) Debarred from participation in any federally assisted Award ;
b) Suspended from participation in any federally assisted Award ;
c) Proposed for debarment from participation in any federally assisted Award ;
d) Declared ineligible to participate in any federally assisted Award ;
e) Voluntarily excluded from participation in any federally assisted Award ; or
f) Disqualified from participation in any federally assisted Award.
By signing and submitting its bid, the bidder certifies as follows:
The certification in this clause is a material representation of fact relied upon by the City of Simi Valley. If it is later determined by the City of Simi Valley that the bidder knowingly rendered an erroneous certification, in addition to remedies available to the City of Simi Valley, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder further agrees to include a provision requiring such compliance in its lower tier covered transactions.
DISADVANTAGED BUSINESS ENTERPRISE (DBEs)
It is the policy of the Agency and the United States Department of Transportation ("DOT")
26 SPECIFICATION NO. SV 25-07
52 that Disadvantaged Business Enterprises ("DBE’s"), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-a
ssisted contracts.
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT-a ssisted
contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Agency deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(
2) Assessing sanctions;
(3) Liquidated damages; and/ or
(4) Disqualifying the contractor from future bidding as non -r esponsible.
T
he contractor agrees to include these requirements in all subcontractors at any tier in conformance with 49 C.F.R. § 26.13(b).
ENERGY CONSERVATION
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C.§ 6201).
EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; la
yoff or termination; r
ates of pay or other forms of compensation;
an
d selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired 27 SPECIFICATION NO. SV 25-07
53 about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's non-c ompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
FLY AMERICA
a) Definitions. As used in this clause—
1) “International air transportation” means transportation by air between a place in the United
28 SPECIFICATION NO. SV 25-07
54 States and a place outside the United States or between two places both of which are outside the United States. 2) “United States” means the 50 States, the District of Columbia, and outlying areas. 3) “U.S.-
flag air carrier” means an air carrier holding a certificate under 49 U.S.C. Chapter 411.
b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, Agencys, and others use U.S.
-f
lag air carriers for U.S.
Government
-f
inanced international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-fl
ag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign
-f
lag air carrier if a U.S.
-fl
ag air carrier is available
to provide such services.
c) If available, the Contractor, in performing work under this contract, shall use U.S. -fl ag carriers for international air transportation of personnel (and their personal effects) or property.
d) In the event that the Contractor selects a carrier other than a U.S. -fl ag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows:
Statement of Unavailability of U.S. -F lag Air Carriers International air transportation of persons (and their personal effects) or property by U.S. -fl ag air carrier was not available or it was necessary to use foreign - flag air carrier service for the
following reasons. See FAR § 47.403. [State reasons]:
e) Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation.
INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
The provisions within include, in part, certain Standard Terms and Conditions required under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR § 200), whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, detailed in 2 CFR § 200 or as amended by 2 CFR § 1201, or the most recent version of FTA Circular 4220.1 are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any request which would cause a violation of the FTA terms and conditions.
NO GOVERNMENT OBLIGATION TO THIRD PARTIES
The Recipient and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or
29 SPECIFICATION NO. SV 25-07
55 liabilities to the Recipient, Contractor or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.
NOTICE TO FTA AND U.S. DOT INSPECTOR GENERAL OF INFORMATION RELATED TO FRAUD,
WASTE, ABUSE, OR OTHER LEGAL MATTERS
If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.
(2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
(3) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the R ecipient.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work
30 SPECIFICATION NO. SV 25-07
56 is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(l) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.
PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.
a. Recipients and sub-recipients are prohibited from obligating or expending loan or grant funds to:
1. Procure or obtain ;
2. Extend or renew a contract to procure or obtain ; or
3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115 -2 32, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities).
ii Telecommunications or video surveillance services provided by such entities or using such equipment.
iii. Telecommunications or video surveillance equipment or services procured or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of 31 SPECIFICATION NO. SV 25-07
57 Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
b. In implementing the prohibition under Public Law 115 -232, s ection 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
c. See Public Law 115-232, section 889 for additional information.
d. See also § 200.471.
PROMPT PAYMENT
The contractor agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than seven (7) days from the receipt of each payment the contractor received from the City.
The contractor agrees further to pay any retainage kept in full to the earning subcontractor in seven (7) days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the City’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.”
The Contractor shall incorporate this clause verbatim, set forth above, in all subcontract, broker, dealer, vendor, supplier, purchase order or other source agreements issued to both DBE and non-DBE firms.
Failure to comply with this provision without prior approval from the City will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, a penalty of two percent (2%) of the invoice amount due per month, for every month that full payment is not made.
RESTRICTIONS ON LOBBYING
Conditions on use of funds.
(a) No appropriated funds may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay any person for influencing or attempting to influence 32 SP
ECIFICATION NO. SV 25-07
58 an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) Each person who requests or receives from an agency a Federal contract, grant, loan, or cooperative agreement shall file with that agency a certification, that the person has not made, and will not make, any payment prohibited by paragraph (a) of this section. (c) Each person who requests or receives from an agency a Federal contract, grant, loan, or a cooperative agreement shall file with that agency a disclosure form if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under paragraph (a) of this section if paid for with appropriated funds.
(d) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a statement, whether that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
(e) Each person who requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency a disclosure form if that person has made or has agreed to make any payment to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with that loan insurance or guarantee.
Certification and disclosure.
(a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for:
(1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000.
(b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of:
(1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) A Federal loan or a commitment providing for the United States to insure or guarantee a 33 SPECIFICATION NO. SV 25-07
59 loan exceeding $150,000,
Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section.
(c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes:
(1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action
; or
,
(3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.
(d) Any person who requests or receives from a person referred to in paragraphs (a) or (b) of this section:
(1) A subcontract exceeding $100,000 at any tier under a Federal contract;
(2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant;
(3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000
; or
,
(4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement,
Shall file a certification, and a disclosure form, if required, to the next tier above.
(e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all disclosure forms to the agency.
(f) Any certification or disclosure form filed under paragraph (e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. All liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared by any tier to which the erroneous representation is forwarded.
Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S. Code.
34 SPECIFICATION NO. SV 25-07
60 (g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days.
(h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C.
SAFE OPERATION OF MOTOR VEHICLES
Seat Belt Use
The Contractor is encouraged to adopt and promote on -t he -j ob seat belt use policies and programs for its employees and other personnel that operate company-ow ned vehicles, company rented vehicles, or personally operated vehicles. The terms “company-ow ned” and
“company-l
eased” refer to vehicles owned or leased either by the Contractor or Agency.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-ow ned vehicle when on official business in connection with the work performed under this Contract.
SOLID WASTES (RECOVERED MATERIALS)
A Recipient that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000
; pr
ocuring solid waste management services in a manner that maximizes energy and resource recovery
; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
TERMINATION
Termination for Convenience (General Provision)
The Agency may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Agency’s best interest. The Contractor shall be paid its costs, including contract close
-o
ut costs, and profit on work performed up to the time of termination.
The Contractor shall promptly submit its termination claim to Agency to be paid the Contractor. If the Contractor has any property in its possession belonging to Agency, the Contractor will account for the same, and dispose of it in the manner Agency directs. 35 SP
ECIFICATION NO. SV 25-07
61 Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Agency may terminate this contract for default. Termination shall be effected by serving a Notice of Termination on the Contractor setting forth the manner in which the Contractor is in default.
The Contractor will be paid only the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.
If it is later determined by the Agency that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Agency, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
Opportunity to Cure (General Provision)
The Agency, in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the Notice of Termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to Agency's satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [10 days] after receipt by Contractor of written notice from Agency setting forth the nature of said breach or default, Agency shall have the right to terminate the contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude Agency from also pursuing all available remedies against Contractor and its sureties for said breach or default.
Waiver of Remedies for any Breach
In the event that Agency elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this contract, such waiver by Agency shall not limit Agency’s remedies for any succeeding breach of that or of any other covenant, term, or condition of this contract.
Termination for Convenience (Professional or Transit Service Contracts) The Agency, by written notice, may terminate this contract, in whole or in part, when it is in the Agency’s interest. If this contract is terminated, the Agency shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
Termination for Default (Supplies and Service)
If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and 36 SP
ECIFICATION NO. SV 25-07
62 accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.
Termination for Default (Transportation Services)
If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension, or if the Contractor fails to comply with any other provisions of this contract, the Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Agency goods, the Contractor shall, upon direction of the Agency, protect and preserve the goods until surrendered to the Agency or its agent. The Contractor and Agency shall agree on payment for the preservation and protection of goods.
Failure to agree on an amount will be resolved under the Dispute clause.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Agency.
Termination for Default (Construction)
If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will ensure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provision of this contract, Agency may terminate this contract for default. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Agency may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Agency resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Agency in completing the work.
The Contractor's right to proceed shall not be terminated nor shall the Contractor be charged with damages under this clause if: 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of Agency, acts of another contractor in the performance of a contract with Agency, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The Contractor, within [10] days from the beginning of any delay, notifies Agency in writing of the causes of delay. If, in the judgment of Agency, the delay is excusable, the time for completing the work shall be extended. The judgment of Agency shall be final and conclusive for the parties, but subject to appeal under the Disputes 37 SP
ECIFICATION NO. SV 25-07
63 clause(s) of this contract. 3. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of Agency.
Termination for Convenience or Default (Architect and Engineering) The Agency may terminate this contract in whole or in part, for the Agency’s convenience or because of the failure of the Contractor to fulfill the contract obligations. The Agency shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Agency ‘s Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. Agency has a royalty-fr ee, nonexclusive, and
irrevocable license to reproduce, publish or otherwise use, all such data, drawings, specifications, reports, estimates, summaries, and other information and materials.
If the termination is for the convenience of the Agency, the Agency’s Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Agency may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Agency.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Agency Termination for Convenience or Default (Cost-Ty pe Contracts) The Agency may terminate this contract, or any portion of it, by serving a Notice of Termination on the Contractor. The notice shall state whether the termination is for convenience of Agency or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the Contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the Agency, or property supplied to the Contractor by the Agency. If the termination is for default, the Agency may fix the fee, if the contract provides for a fee, to be paid the Contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Agency and the parties shall negotiate the termination settlement to be paid the Contractor.
If the termination is for the convenience of Agency, the Contractor shall be paid its contract close-out cost
s, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.
If, after serving a Notice of Termination for Default, the Agency determines that the Contractor has an excusable reason for not performing, the Agency, after setting up a new work 38 SP
ECIFICATION NO. SV 25-07
64 schedule, may allow the Contractor to continue work, or treat the termination as a Termination for Convenience.
FEDERAL TAX LIABILITY AND RECENT FELONY CONVICTIONS
(1) The contractor certifies that it:
(a) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(b) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months.
If the contractor cannot so certify, the Recipient will refer the matter to FTA and not enter into any Third Party Agreement with the Third Party Participant without FTA’s written approval. (2) Flow-Down. Th e Recipient agrees to require the contractor to flow this requirement down to participants’ at all lower tiers, without regard to the value of any sub-agreement.
SEVERA
BILITY
The Contractor agrees that if any provision of this agreement or any amendment thereto is determined to be invalid, then the remaining provisions thereof that conform to federal laws, regulations, requirements, and guidance will continue in effect.
TR
AFFICKING IN PERSONS
The contractor agrees that it and its employees that participate in the Recipient’s Award, may not:
(a) Engage in severe forms of trafficking in persons during the period of time that the Recipient’s Award is in effect;
(b) Procure a commercial sex act during the period of time that the Recipient’s Award is in effect; or
(c) Use forced labor in the performance of the Recipient’s Award or sub-agreements thereunder.
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