8B
Date: February 25, 2025
To: Honorable Mayor and Members of the City Council
From: Kimberly Turner, Transit Director
By: Art Estrada, Fleet Services Manager | [email protected] Subject: Transit – Authorize Purchase Order to Provide for New and Remanufactured Cummins Engines and Parts. Expenditure: Not-to-Exceed $1,770,000 (Non-General Fund: Approximately $ 590,000 Annually)
RECOMMENDATION
Recommendation of the Transit Director that City Council authorize a purchase order to Cummins, Inc. (dba Cummins Sales and Service) of Irvine, California for an amount not-to-exceed $1,770,000 (approximately $590,000 annually) for new and remanufactured Original Equipment Manufacturer (OEM) Cummins engines and parts on an as needed basis for a three-year period beginning February 5, 2025 and ending February 4, 2028.
FUNDING
Funding is available in the fiscal year 2024-2025 Transit Department operating budget and is anticipated to be available in subsequent fiscal years.
DISCUSSION
The Transit Department’s Fleet Services Warehouse provides repair parts for Transit’s Compressed Natural Gas (CNG) buses, many of which are built on Cummins CNG heavy-duty components. Parts are stocked on a continual basis so that maintenance issues can be addressed quickly without affecting the fleet’s daily bus operations and revenue services.
Only OEM parts are used by the Transit Department for the repairs of these buses. A Notice Inviting Bids (B2025-01) was issued on January 8, 2025 to furnish Transit’s annual requirement for CNG bus parts. It includes a representative list with a cross-section of 43 unique engine components routinely used on the buses. This list was developed to serve as a basis for establishing price comparison and is not intended to be inclusive of every part type, make or model that may be needed over the term of the purchase order. 1 City Council
February 25, 2025
3 2
5 The table below shows each vendors’ total for all line items excluding sales tax.
Rank Vendor City State Bid Price
1 Cummins, Inc. *
dba Cummins Sales and Service
Irvine CA $1,608,463.72
2 Rush Truck Centers Pico Rivera CA $1,622,035.76
3 RWC Group Huntington Park CA $1,626,521.44
4 Harbor Diesel & Equipment, Inc. Long Beach CA $1,739,881.54 5 Los Angeles Truck Centers, LLC Oxnard CA $1,904,684.11 * Lowest responsive bidder
The obtained quotes are based on a cross-section of inventory purchased in the recent past for the department’s CNG buses. Currently, our Transit Fleet has a total of 63 buses; however, the division is set to increase the fleet by 24 vehicles this upcoming fiscal year. With the increase in fleet size and preparation for upcoming events (World Cup and Olympics), we anticipate an increase in the annual cost to maintain the now 100% alternative fuel-fleet, which is reflected in the proposed purchase order amount.
ATTACHMENTS
1. Bid Submittal – Cummins Sales and Service
2. Notice Inviting Bids for New and Remanufactured OEM Cummins Engines and Parts – Bid Tabulation
3. Procurement Request Form
2 City of Torrance
New and Remanufactured OEM Cummins Engines (2025-01), bidding on 01/28/2025 3:00 PM (PST)
Printed 01/28/2025
PlanetBids
3 ATTACHMENT 1
City of Torrance
New and Remanufactured OEM Cummins Engines (2025-01), bidding on 01/28/2025 3:00 PM (PST)
Printed 01/28/2025
PlanetBids
4 City of Torrance
New and Remanufactured OEM Cummins Engines (2025-01), bidding on 01/28/2025 3:00 PM (PST)
Printed 01/28/2025
PlanetBids
5 Notice Inviting Bids
City of Torrance | 3031 Torrance Blvd
,
Torrance CA 90503 | www.TorranceCA.Gov
Bid No. B
20 2
5 -
01 Bid
for
New and Remanufactured OEM Cummins Engines
BID SUBMITTAL INFORMATION
No m
ail
,
hand deliver
ed, faxed or e
-
mailed
bids
.
Late bids will not be accepted.
Location:
City of Torrance
Purchasing Division
3031 Torrance Blvd.
Torrance, CA 90503
Date:
Tuesday
,
January
2 8
,
20 2
5 Time Deadline:
3 :00 P.M.
Submittal Requirements
Your bid submittal must include the following:
•
Vendor’s Response (Section III of this document) on the forms provided. If additional space is required, please attach additional pages.
•
Bidders
Affidavit (Attachment 1)
Prior to the issuance of a purchase order, the awarded vendor must provide the Purchasing Division the following:
•
Proof of insurance and applicable bonds, as indicated in the terms and conditions of this bid document.
•
A City of Torrance Business License if your company is located in the City of Torrance; will physically be working in the City of Torrance; or will be using your own vehicles to deliver to the City of Torrance. For additional information and licensing requirements, please contact the City of Torrance Business License Office at (310) 618
-
5923.
Questions Regarding this Notice Inviting Bids Must
Be Submitted
on PlanetBids
•
The deadline to submit questions is 12:
00 N
oon Pacific Time on
Friday
,
January
1 7
, 2025
•
All questions regarding this Bid must be submitted online.
•
No questions will be received via email or phone.
5 6
Bid No. B
2025
-
01 Bid
for
New and Remanufactured OEM Cummins Engines
SECTION I BID INSTRUCTIONS AND INFORMATION
Notice is hereby given that
bids
will be received
online
until 3:00 p.m.
on
Tuesday
,
January
2 8
,
20 2
5 .
The City
of Torrance
:
The City of Torrance is situated on the western side of Los Angeles County. It is boarded by the Palos Verdes Peninsula on the south, the City of Gardena on the north, the City of Redondo Beach on the north and west boundaries, the City of Lomita on the east and the Pacific Ocean on the west. The City encompasses an area of approximately 21 square miles, 329 miles of Streets, 1870 intersections, 550
miles of sidewalks, 47,000 Street Trees, 6 Public Libraries, a Municipal Airport, a Transit System with 11
fixed bus routes
,
46 Parks & Recreation Amenities
,
6 Fire Stations, 1 Police Station and 1 Police
Community Center,
and has an estimated po
pulation of approximately 146.115
, which makes Torrance
one of the top 10 cities in Los Angeles County in regards to population.
Questions:
All questions regarding this RFP must be submitted online no later than Friday
,
January
1 7
, 2025
.
Answers to questions will be posted online for all interested bidders to review. Bidders who have downloaded bid documents by the time that the questions are responded to will receive an automated email notifying them of additional information and/or addendums that have been posted to the website.
No questions via telephone. No questions submitted after deadline. Written answers and any other changes to the RFP will be sent via Planetbids to all known prospective proposers as an addendum to the RFP.
Definitions:
The following meanings are attached to the following defined words when used in these specifications and the purchase agreement. The word “City” means the City of Torrance, California. The word “Bidder” or “Vendor” or “Contractor” means the person, firm, or corporation submitting a bid on these specifications or any part thereof.
The following meanings are attached to the following defined words when used in these specifications to each of the years 1-4 expiring and/or years 2-5 beginning.**Pricing submitted is for year 1 pricing / if prices change for year 2-5, new pricing will be provided to City of and purchase agreement. The word “purchase agreement”, “contract”, “purchase order”, “blanket purchase order” means the contractual agreement between the vendor and the City of Torrance for the purchase of goods and/or services.
Bid
Submittal Form:
The bid must be made on the form provided for that purpose.
Prospective bidd
ers
must submit bids in
electronic only format
at
https://pbsystem.planetbids.com/portal/47426/portal-home ;
The proposal must
be made on the form provided and uploaded on PlanetBids.
Scan and attach the
following required document
s
to your eBid
.
Thi
s
list may not be all-inclusive;
additional items may be required elsewhere in bid
specifications.
Failure to provide required documents
with bid may
cause the bid to be deemed non-responsive.)
If the bid is made by
an individual, it must be signed
by
that individual, and an address, telephone (and
fax number if available)
must be given.
If made by a business entity, it m
ust
be signed by the person(s)
authorized to
execute agreement
s
and bind the e
ntity
to purchase orders.
A full business address,
7 telephone (and fax number
and email address
if available) must be given. No telegraphic, fax or
telephonic bid will be considered.
Blank spaces in the bid form must be filled in; using ink, indelible pencil, or typewriter, and the text of the bid form must not be changed.
Your entries must be easy to read.
No additions to the form may be
made. Any unauthorized conditions, limitations, or provisos attached to a bid will render it informal and may cause its rejection. Alterations by erasure or interlineations must be explained or noted in the bid form over the signature of the Bidder.
Reservation:
The City reserves the right to revise or amend these specifications prior to the date set for opening bids.
Revisions and amendments, if any, will be announced by an addendum to this bid. If the revisions require additional time to enable bidders to respond, the City may postpone the opening date accordingly.
In such case, the addendum will include an announcement of the new opening date.
The City reserves the right to award a contract to a company solely based on the initial proposal submitted. The City reserves the right to require more information and clarification on information submitted in the proposal to complete the evaluation.
The City Council reserves the right to reject any and all bids received, to take all bids under advisement for a period not to exceed ninety (90) days after the date of the opening, to waive any informality on any bid, and to be the sole judge of the relative merits of the material and or service mentioned in the respective bids received. The City reserves the right to reject any bid not accompanied with all data or information required.
This bid does not commit the City to award a purchase order or to pay any cost incurred in the preparation of a bid. All responses to this bid become the property of the City of Torrance.
Affidavit:
An affidavit form is enclosed. It must be completed signifying that the bid is genuine and not collusive or made in the interest or on behalf of any person not named in the bid, that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a sham bid or any other person, firm, or corporation to refrain from proposing, and that the Bidder has not in any manner sought by collusion to secure for itself an advantage over any other Bidder. Any bid submitted without an affidavit or in violation of this requirement will be rejected.
Standards for Evaluation of Bids:
The City staff will use the following priorities, as well as pricing, in determining which bid best meets the needs of the City. The City will be the sole determiner of suitability to the City’s needs.
Bids will be rated according to their completeness and understanding of the City’s needs, conformance to the requirements of the specifications, prior experience with comparable bids, delivery, and cost (if applicable based on estimated annual usage).
Brand Names:
Wherever brand, manufacturer, product names or numbers are indicated in these specifications, they are included for the purpose of establishing a general type and quality of the product required, unless the description specifically says NO SUBSTITUTE. Manufacturer, manufacturer’s model number and description must be provided. Samples of alternative items being bid may be required.
The City of
Torrance will be the sole judge of the relative merits of comparative products bid.
8 Brand Names and Specification Appearance to a Certain Brand or Manufacturer:
Wherever brand, manufacturer, product name/numbers (or a specification that appear to be for a certain brand or manufacturer).are indicated in these specifications, they are included for the purpose of establishing a general type and quality of the product required, unless the description specifically says NO SUBSTITUTE. Bidder must bid a Manufacturer, manufacturer’s model number and description along with a complete specification sheet for each item bid. Samples of alternative items being bid may be required. The City of Torrance will be the sole judge of the relative merits of comparative products bid.
Delivery
:
Inside Delivery Required. It is the responsibility of the Bidder to provide all equipment and labor necessary to unload the shipment as directed by the City of Torrance. The City may refuse shipment if delivery does not comply with this requirement. All deliveries of such items to be furnished must be made to job sites or City warehouses within the boundaries of the City of Torrance.
Prices bid are to be FOB Destination, delivered to the City of Torrance.
Pricing:
Pricing is to be firm for one year. Vendors must take into account any price increases that may occur throughout the term, as no change orders will be authorized to increase the unit cost.
Pricing must be all
inclusive
FOB Destination
.
Freight/Shipping charges are not to be added on any shipments made against the ensuing orders.
After the first year of a purchase order with a term of more than one year, or if the vendor’s quote agrees to additional years, the vendor may submit a price change if there has been an industry -
wide price
increase. Prices may be increased by the same amount as the cost increase to vendor by the vendor’s supplier. No additional profit is to be made. Notice of price increases must be fully documented (copy of
Vendor’s supplier/manufacturer’s notice of price increase and effective date to the vendor, Purchase Order item description with current price and new increased price) and submitted to the City of Torrance
Purchasing Division
(
[email protected]
)
30 days before the date of the effective change.
Increases must not affect any orders placed prior to the effective date of the increase. The City of Torrance Purchasing Division must approve price increases by issuing a change order.
Any price reductions passed on to other customers occasioned because of a competitive “softening” of the market are to be correspondingly offered at the same ratio to the City of Torrance. Prices may be lowered at any time. Failure on the part of the vendor to promptly accord such industry -
wide price
decreases may constitute a breach and the contract may be cancelled. The City reserves the right to award any cancelled contract to the next low
est responsible
bidder if it is determined to be in the City’s
best interest. In the event of a
decrease in price, the vendor(s) must
immediately notify the City of such
decreases and issue revised price lists to cover this reduction. The dec rease in price to the City must
become effective on the same date as the decreas
e is effective to the vendor
(s). Bidder agrees to make
the City of Torrance Purchasing Division aware of any pending changes, which may affect this contract.
In the case of discrepancy between unit bid price and the total bid, the unit price will prevail.
Prices bid are to be FOB Destination, delivered to the City of Torrance. Freight or delivery charges are not to be added on any shipments/deliveries throughout the term of the purchase orders issued as a result of this notice inviting bids.
Firm Price:
Prices for the equipment specified are to remain firm for the term of the purchase order. The City reserves the right to reject any or all bids with pricing of less than one year.
9 Pricing will be F.O.B. DESTINATION. Freight charges are not to be added on any shipments made against any ensuing purchase orders.
The unit prices are to reflect the same unit requested in the quantity column, i.e., if an item has a quantity of 12 dozen, the unit price for that item must reflect the price per dozen. Bids not reflecting the correct unit pricing may not be considered.
In the case of discrepancy between unit bid price and the total bid, the unit price will prevail.
Anticipated Usage:
The quantities listed are the ANTICIPATED usage for one (1) year based on historical usage. The City will not be held responsible for the exact quantities listed.
Items Listed:
Items listed on this bid are the items known at the time of the bid. During the term of the awarded Purchase Order, some of these items may be deleted as
products are discontinued and
others added as
new products become available. Pricing for the additional items are to be quoted by the vendor and will be added by the issuance of a change order.
Minimum Order Restrictions:
No minimum order restrictions will be accepted. Bids that include minimum order restrictions will not be considered.
Errors and Omissions:
The Bidder will not be allowed to take advantage of any errors and/or omissions in these specifications or in the Bidder’s specifications submitted with its bid. Full instruction will always be given when errors or omissions are discovered.
Bidders Examination of Requirements:
The bidder is required to examine carefully the site, the instructions, information and specifications of this document, investigate the conditions to be encountered, the character, quality and quantities of work to be performed as required by this document. Submission of a bid will be considered prima facie evidence that the bidder has made such examination.
The Purchase Agreement:
The bidder to whom the award is made will be
issued a purchase order from
the City of Torrance. By
reference, a copy of the notice inviting Bids, these specifications and the terms and conditions, will b e
part of the purchase order
. All materials or services supplied by the Vendor will conform to the applicable requirements of the City Charter, City Ordinances, and State or Federal Law covering Labor and Wages, as well as conforming to the specifications contained herein. In case of default by the Vendor, the City reserves the right to procure the articles or services from other sources and to hold the Vendor responsible for any excess cost incurred by the City hereby.
For
BPO’
s
for products we order as needed, u
se the paragraph
s below
:
Orders will be pla
ced against the purchase agreement
on an “as requested
” basis. Each time a delivery
of specific items or service is requested, the requesting department will contact the Vendor.
Items listed on this bid are the items known at the time of the bid. During the term of the awarded Purchase Order, some of these items may be deleted as products are discontinued and others added as 10 new products become available. Pricing for the additional items are to be quoted by the vendor and will be added by the issuance of a change order.
Do not release any goods or services beyond what
is listed
. Goods and/or services issued by the ven
dor
that exceed the dollar amou
nt shown
will not be considered an obligation for the City of Torrance.
To expedi
te payment, the purchase order
number must appear on all invoices, shipping documents and packages.
Quantities listed are anticipated usage qua
ntities
based upon historical usage. The City will not be held liable
if the anticipated amount is not ordered.
Notice of Intent to Award:
Approximately two (
2 )
weeks prior to the anticipated City Council meeting awarding a c ontract/purchase
order as a result of this Notice Inviting Bids, the City will notify all bidder’s of its intent to award. Results will be posted on the City of Torrance Web site
http://www.torranceca.gov/PDF/Recommendation_to_Award_Notification.pdf
City of Torrance Bid Protest Procedures:
The City of Torrance Bid Protest Procedures may be found on the City of Torrance Web site:
http://www.torranceca.gov/PDF/Bid
-
RFP_Protest_Procedures.pdf
Term of Agreement:
The term of the agreement will be for a period of
one year with 4 optional one
-
year renewals.
Fiscal Year Funding:
Each payment obligation of the City is conditioned upon the availability of state or local government funds which are apportioned or allocated for the payment of such an obligation.
If the funds are not allocated
and available for the continuance of the function performed by the Vendor, the product or service directly or indirectly involved in the performance of that function may be terminated by the City at the end of the period for which funds are available.
Payments:
Complete payment on the contract price will be made in approximately thirty (30) days from date of delivery, or completion and acceptance, unless otherwise provi ded for in bidder’s bid submittal
or in these
specifications. Payments will be made upon verification and acceptance by the City of contract services performed and upon the City’s receipt of a correct invoice.
Patent Rights:
The Vendor agrees to save, keep, bear harmless, defend and fully indemnify the City and any of its officers or agency from all damages, costs, or expenses in law or equity that may at any time arise or to be set up for any infringement of the patent rights of any person or persons in consequence of the use by the City, or by any of its officers or agent, or articles supplied under this contract any of which the Vendor is not the patentee or assignee, or which the Vendor is not lawfully entitled to sell.
11 Contract Extension to Other Cities/Agencies:
Other Cities/Agencies may be interested in purchasing against an awarded contract, subject to the same price, terms and conditions offered to the City of Torrance. The City of Torrance does not warrant any additional use of the contract by such agencies. Other agencies utilizing the contract will place orders with, and make payments directly to, the successful bidder.
Suspension of Procurement:
The City may suspend, in writing all or a portion of the procurement of materials or services pursuant to this bid and subsequent contract agreement, in the event unforeseen circumstances make such procurement impossible or infeasible, or in the event City should determine it to be in the best interest of City to cancel such procurement of services or materials.
In the event of termination, selected Bidder will perform such additional work as is necessary for the orderly filing of documents, and closing of project.
The selected Bidder will be compensated for the terminated procurement on the basis of materials or services actually furnished or performed prior to the effective date of termination, plus the work reasonably required for filing and closing.
12 Bid No. B
2025
-
01 Bid
for
New and Remanufactured OEM Cummins Engines
SECTION II SPECIFICATIONS
Scope of Bid:
Provide
new
and
remanufactured
OEM
Cummins
engines
(8.3
ISC,
8.9 ISL,
&
8.9 ISL
-
G
CM2180A) and parts on an as requested basis to the City of Torrance Transit Department.
Purchase Agreement Term:
February 2025
–
January 2028 with two one
-
year optional renewals.
Will begin upon award of the purchase agreement(s) and continue for one (1) year. The purchase agreement will be issued in a total not to exceed amount .
The purchase agreement will remain in effect
until the end of the purchase agreement term or until the not to exceed dollar amount has been exhausted, whichever comes first. The City of Torrance Transit
Department will contact the vendor on an
“as needed basis requesting the delivery of items listed on the purchase agreement. The vendor must bill to that purchase agreement based on the itemized pricing indicated on the purchase agreement
.
Payments will be made upon receipt and acceptance of these items by the Transit
Department, and upon
receipt of a correct invoice.
Delivery
and Delivery Location:
Vendor must deliver as per the instructions indicated on the Purchase Order that will be issued as a result of this Notice Inviting Bids.
NO ITEMS ARE TO BE SHIPPED PRIOR TO AUTHORIZATION FROM THE
TRANSIT
DEPARTMENT.
UNAUTHORIZED SHIPMENTS WILL BE RETURNED TO THE VENDOR AT NO COST TO THE CITY.
Inside delivery will be
“
AS REQUESTED” by the
Transit
Department
Transit Warehouse
Shipping/Receiving
3031 Torrance Blvd. (Right building once entering the gate )
Torrance, CA 90503
Attn: Transit Warehouse
Transit
Department
ADDITIONAL PURCHASES
–
The City reserves the right to purchase up to two additional units as specified herein beyond the quantities stated in the bid documents for a period of one year from the date of award of the bid. The initial contract prices
will
remain firm through the one year period from the date
of award of the bid.
The manufacturing and delivery period for each additional unit as ordered under this contract must
be
within two hundred (200) calendar days from date of the order for that particular unit is placed.
Type text here
13 Bid No. B
2025
-
01 Bid
for
New and Remanufactured OEM Cummins Engines
SECTION III BID
SUBMITTAL
FAILURE TO COMPLETE ALL ITEMS IN THIS SECTION MAY INVALIDATE BID.
In accordance with your "Invitation to Bid", the following bid is submitted to the City of Torrance.
Bid Submitted By:
________________________________________________________________________________
Name of Company
________________________________________________________________________________
Street Address
City
State
Zip Code
________________________________________
__________________________________
Telephone Number
Fax Number
________________________________________
__________________________________
Printed Name/Title
E
-
Mail Address
________________________________________
__________________________________
Signature
Date
Form of Business Organization:
Please indicate the following (check one);
Corporation
Partnership
Sole Proprietorship
Other: _______________
____________
Business History:
Years in business under your current name and form of business organization? ________ Years
If less than three (3) years and your company was in business under a different name, what was that name?
________________________________________________________________________________
________________________________________________________________________________
Cummins Inc. (dba Cummins Sales and Service)
9520 Stewart & Gray Rd Downey CA 90241
Service Branch: 866-934-4373
Account Executive: 562-415-2814
Kathleen Bryant / Bids and Contracts Manager
Bids: [email protected]
Account Executive: [email protected]
106
27 January, 2025
14 Contact for Additional Information:
Please provide the name of the individual at your company to contact for any additional information :
________________________________________
__________________________________
Printed Name
Title
________________________________________
__________________________________
Telephone
E
-
Mail Address
Addenda Received:
Please indicate addenda information you have received regarding this bid:
Addendum No.
Date Received
Addendum No.
Date Received
No Addenda received regarding this bid.
Payment Terms:
The
City of Torrance Payment terms are Net 30.
The City does not make pre
-
payments, or pay upon
receipt.
What are your discounted invoice terms: ________________.
We do not have discounted terms.
Renewal Option:
Please state, if requested by the City,
if your company would agree to
a
dd a
fourth and fifth year to
this
contract with price, terms and conditions unchanged.
Yes we would agree to a fourth
year with price, terms and conditions unchanged.
Yes we would agree to a fourth and fifth
year with price, terms and conditions unchanged.
No we would not be interested in renewing this contract.
Lead Time:
What is the lead time from the time the order is placed until delivery to the City of Torrance? ____
Calendar Days.
Placing Orders:
Please indicate the contact person and telephone number that will be used for placing orders:
Name: __________________________Telephone No: ____________ Fax No.:
Orders may be placed between the hours of ______a.m. until _____ p.m.,
(City of Torrance Local Pacific
Time)
Monday through Friday.
If not Monday through Friday, please indicate which days: _______________________.
Doug Sperry
Account Executive
562-415-2814
[email protected]
5 7
866-934-4373
Doug Sperry
**
** Lead time is dependent upon part availability. In stock parts can be shipped within 1-2 business days. Parts that are not in stock will be ordered and lead times for each part will be communciated upon receipt of order.
N/A
N/A
**
**
**
**Pricing submitted is Year 1 pricing. If pricing changes for years 2-5 new pricing will be provided to City of Torrance 30 days prior to each of the years 1-4 expiring and/or years 2-5 beginning.** 15 References
:
Please supply the names of companies/agencies for which you recently supplied comparable goods/services as requested in this bid. A minimum of three (3) references is required; additional references are op
tional. References from public
agencies are preferred.
DO NOT INCLUDE THE CITY
OF TORRANCE AS A REFERENCE FOR THIS BID.
Name of Company/Agency
: _______________________________________________
Street
Address:
_____
________________
___________________________
City, State Zip Code
:
______________
________________
_______________
___
Name of Person to Contact:
________________________________________________
Phone Number of Contact:
________________________________________________
Project Description:
________________________________________________
________________________________________________
________________________________________________
Name of Company/Agency
: _______________________________________________
Street
Address:
_____
________________
___________________________
City, State Zip Code
:
______________
________________
_______________
___
Name of Person to Contact:
________________________________________________
Phone Number of Contact:
________________________________________________
Project Description:
________________________________________________
________________________________________________
________________________________________________
Name of Company/Agency
: _______________________________________________
Street
Address:
_____
________________
___________________________
City, State Zip Code
:
______________
________________
_______________
___
Name of Person to Contact:
________________________________________________
Phone Number of Contact:
________________________________________________
Project Description:
________________________________________________
________________________________________________
________________________________________________
MTA Building, 1 Gateway Plaza
Los Angeles, CA 90012
Tanya M Allen
213-922-1018
Multiple Ongoing Contracts including Cummins Parts,
Engine Service, Engines, and Bulk Lubrication
North County Transit District
810 Mission Ave
Oceanside, CA 92054
Crystal Robinson
760-966-6773
Multiple Ongoing Contracts including Cummins Parts,
Engine Service, Engines, and Bulk Lubrication
Type text here
3701 96th Street SW
Lakewood, WA 98499
Cary Huber
(253) 581-8071
RFB #1518 Coolant for Transit Buses, Parts and Service
for Cummins Engines
Pierce Transit
Los Angeles County Metropolitan Transportation
Authority - LA Metro
16 Bid
Price:
Vendor Name: ____________________________________________________________
In accordance with your Notice Inviting Bids, the following bid price is submitted to the City of Torrance.
Vendor must complete each item with either a check mark
in the Vendor Comment area
below to indicate
that the item bid is exactly as
specified or
enter a description
for all
deviations.
Number
Part
#
Manufacturer
Description
3 -
Year
Anticipated
Quantity
Price
1 3288656
Cummins
Belt,
V
Ribbed Serpentine
81 2
3933846
Cummins
Valve,
Air
Control
10 3
3945917
Cummins
Set,
Main
Bearing
29 4
3957987
Cummins
Housing, Breather
32 5
4376312
Cummins
Kit, Exhaust
Recirculation
Cooler
40 6
4384259
Cummins
Sensor,
Temperature
8 7
4921483
Cummins
Sensor,
PRS
Temperature
12 8
4934537
Cummins
Actuator, Throttle
46 9
4939164
Cummins
Cover,
Valve
14 1
0 4969771
Cummins
Module
,
Cataly
st
7 1
1 4984929
Cummins
Sensor, Pressure
35 1
2 4991240
Cummins
Pulley,
Idler
35 1
3 4997684
Cummins
Valve
Fuel
Flow
8 1
4 5320525
Cummins
Module
Ignition
Control
35 1
5 5321228
Cummins
Tube,
Oil
Filter
23 1
6 5333477
Cummins
Belt, Tensioner
14 1
7 5357731
Cummins
Kit,
Turbocharger
5 18
5369736
Cummins
Tube,
Lub
Oil
Drain
52 19
5400509
Cummins
Sensor,
Oxygen
40 2
0 5403181
Cummins
Harness, Wiring
44 Cummins Inc. (dba Cummins Sales and Service)
$982.40/ea.
$261.44/ea.
$78.90/ea.
$1,696.78/ea.
$296.75/ea.
$331.07/ea.
$703.81/ea.
$264.12/ea.
$8,476.63/ea.
$426.81/ea.
$180.29/ea.
$1,863.05/ea.
$2,354.49/ea.
$279.84/ea.
$133.89/ea.
$4,771.62/ea.
$206.19/ea.
$377.10/ea.
$218.31/ea.
$65.80/ea.
P/N superseded to
5690168
17 2
1 5473009
Cummins
Kit,
Spark
Plug
5175
2 2
5475063
Cummins
Harness,
ETR
CNT
MDL
WRG
23 2
3 5475059
Cummins
Harness,
ETR CNT MDL
WRG
12 2
4 5477889
Cummins
Valve,
Pressure
Regulator
25 2
5 5482154
Cummins
Sensor,
Mass
Flow
6 2
6 5626388
Cummins
Coil,
Ignition
460
2 7
5626390
Cummins
Extension,
Ignition
Coil
345
28 5633625
Cummins
Kit,
Overhaul
30 29
5654089
Cummins
Module, Electronic
Control
21 3
0 5683521
Cummins
Belt, Tensioner
23 3
1 5690199
Cummins
Belt,
V
Ribbed Serpentine
161
3 2
6305290
Cummins
Thermostat
86 3
3 6410397
Cummins
Kit,
Water
Pump
81 3
4 4969771RX
Cummins
Module,
Catalyst
7 3
5 5357731RX
Cummins
Kit,
Turbocharger
5 3
6 5473228RX
Cummins
Kit,
EXH
RCN
Valve
9 3
7 5569421RX
Cummins
Head,
Cylinder
35 38
5633301RX
Cummins
Kit, Air
Compressor
39 39
5654089RX
Cummins
Module,
Electronic Control
21 4
0 LF9009
Fleet
Guard
Filter
Oil
1208
4 1
WF2074
Fleet
Guard
Filter
-
Coolant
Spin
On
1208
4 2
HF6238
Fleet
Guard
Hydraulic Filter
391
4 3
NG5900
Fleet
Guard
CNG
Filter
391
$40.51/ea.
$2,439.31/ea.
$1,871.12/ea.
$1,003.71/ea.
$1,496.90/ea.
$203.95/ea.
$115.73/ea.
$3,411.52/ea.
$5,109.50/ea.
$154.21/ea.
$65.54/ea.
$94.35/ea.
$231.75/ea.
$4,572.91/ea.
$2,391.31/ea.
$787.42/ea.
$5,029.71/ea.
$3,750.50/ea.
$3,212.87/ea.
$29.87/ea.
$19.12/ea.
$10.41/ea.
**
**Core p/n 4969771D = $1,620 (if not returned within periods stated below) **Core p/n 3802678D = $270 if not returned within periods stated below) **Core p/n 4946046D = $67.50 if not returned within periods stated below) **Core p/n 4933818D = $472.50 if not returned within periods stated below) **Core p/n 3939906D = $338.18 if not returned within periods stated below) **Core p/n 4354538D = $675.00 if not returned within periods stated below) **
**
**
**
**
$42.73/ea.
18 Please specify any additional fees:
$
Sales Tax (
10 %)
$
Grand Total
(including Delivery)
$
Additional Information or Fees
-100% within 0-45 days / 90% within 46-90 days / no returns after 90 days.
0.00 Core policy for ReCon parts is:
Type text here
**Pricing submitted is Year 1 pricing. If pricing changes for years 2-5 new pricing will be provided to City of Torrance 30 days prior to each of the years 1-4 expiring and/or years 2-5 beginning.** 60,594.21
599.94
19 ATTACHMENT 1
STATE OF CALIFORNIA
BIDDER’S AFFIDAVIT
COUNTY OF LOS ANGELES
____________________________ being first duly sworn, deposes and says:
1. That he/she is the ___________
________________ of ___________
______________________
(Title of Office)
(Name of Company)
hereinafter called “Bidder”, who has submitted to the City of Torrance a bid for
_________________________________________________
______________________________
;
(Title of BID)
2. That the bid is genuine; that the same is not sham; that all statements of fact in the bid are true;
3. That the bid was not made in the interest or behalf of any person, partnership, company, association, organization or corporation not named or disclosed;
4. That the Bidder did not, directly or indirectly, induce solicit or agree with anyone else to submit a false or sham bid, to refrain from proposing, or to withdraw his bid, to raise or fix the bid price of the Bidder or of anyone else, or to raise or fix any overhead, profit or cost element of the Bidder’s price or the price of anyone else; and did not attempt to induce action prejudicial to the interest of the City of Torrance, or of any other Bidder, or anyone else interested in the proposed purchase order;
5. That the Bidder has not in any other manner sought by collusion to secure for itself an advantage over any other Bidder or to induce action prejudicial to the interests of the City of Torrance, or of any other Bidder or of anyone else interested in the proposed purchase order;
6. That the Bidder has not accepted any bid from any subpurchase order or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Bidder from considering any bid from any subpurchase order or materialman, which is not processed through that bid depository, or which prevent any subpurchase order or materialman from proposing to any purchase order or who does not use the facilities of or accept bids from or through such bid depository;
7. That the Bidder did not, directly or indirectly, submit the Bidder’s bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Torrance, or to any person or persons who have a partnership or other financial interest with said Bidder in its business.
8. That the Bidder has not been debarred from participation in any state, federal or public works project.
Dated
this ____ day of _______
__, 20_____.
_____________________________________
(Bidder Signature)
_____________________________________
(Title)
Cummins Inc. (dba Cummins Sales and Service)
Bid No. B2025- 01, Bid for New and Remanufactured OEM Cummins Engines Kathleen Bryant
Bids and Contacts Manager
Bids and Contracts Manager
25 January
27th
Kathleen Bryant
20 Rev. 02/2023 FTA Master Agreement dated November 2, 2022
FEDERAL TRANSIT ADMINISTRATION (FTA) CLAUSES
(Revised 02/2023)
Contractor shall comply with the following FTA requirements. For purposes of these clauses, the AGENCY is the FTA recipient or subrecipient that is entering the Contract with Contractor.
1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES. [These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000).]
The AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this 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 Contract. Contractor shall include the above clause in each subcontract financed in whol e 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.
2. NOTIFICATION TO FTA. [These requirements apply to all contracts and subcontracts in excess of $25,000.]
If a current or prospective legal matter that may affect the Federal Government emerges, Contractor must promptly notify the AGENCY, which must then promptly notify the FTA Chief Counsel and FTA Regional Counsel for Region 9. Contractor must 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.
A. Types of Legal Matter s Requiring Notification. 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.
B. Matters Affecting the Federal Government. Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the Contract, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements.
C. Additional Notice to U.S. DOT Inspector General. Contractor must promptly notify the AGENCY, which must then promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for Region 9 if Contractor 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, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Contract or another agreement between the AGENCY and FTA, or an agreement involving a principal, officer, employee, agent, or Third-Party Participant of the AGENCY. It also applies to subcontractors at any tier.
Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a 21 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 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 Contractor. In this paragraph, “promptly” means to refer information without delay and without chan ge. This notification provision also applies to all divisions of the AGENCY, including divisions tasked with law enforcement or investigatory functions.
3. PROGRAM FRAUD & FALSE/FRAUDULENT STATEMENTS OR RELATED ACTS. [These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000).]
A. 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 CFR part 31, apply to its actions pertaining to this Project.
Upon execution of the Contract, 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 Contract or the FTA -assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, 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 Contractor to the extent the Federal Government deems appropriate.
B. 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 Contractor, to the extent the Federal Government deems appropriate.
C. Contractor shall include the above two paragraphs 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.
4. ACCESS TO RECORDS, REPORTS, & SITES.
A. Record Retention. Contractor shall 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, sub - agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records.
B. Retention Period. Contractor shall comply with the record retention requirements in accordance with 2 CFR § 200.333. Contractor shall maintain all books, re cords, accounts and reports required under this Contract for a period of at 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 records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto.
C. Access to Records. Contractor shall provide sufficient access to the U.S. Secretary of Transportation, the Comptroller General of the United States, FTA, the Agency, and their duly authorized representatives to inspect and audit records and information 22 Rev.
02 /202
3 FTA Master Agreement dated
November 2
, 202
2 related to performance of this contract as reasonably may be required.
D.
Access to the Sites of Performance.
Co
ntractor shall permit FTA, the Agency, and
their duly authorized representatives access to the sites of performance under this Contract as reasonably may be required.
5. FEDERAL CHANGES.
Contractor shall at all times comply with all applicable federal laws,
regulations, requirements, policies, procedures, guidance, and directives, including without limitation those listed directly or by reference in the FTA Master Agreement between the City of Phoenix and the FTA, as they may be amended or promulgated from t
ime to time during the term of the Contract. Contractor’s failure to so comply shall constitute a material breach of the Contract.
6. CIVIL RIGHTS.
The AGENCY must comply with applicable federal civil rights laws, regulations, and requirements, and follow ap
plicable federal guidance, except as the
Federal Government determines otherwise in writing. Therefore, unless an AGENCY or federal program, including any Indian Tribe or Tribal Transit Program, is specifically exempted from a civil rights statute, FTA req
uires compliance with each civil rights statute,
including compliance with equity in service requirements.
A.
Nondiscrimination in Federal Public Transportation Programs.
1. Contractor must prohibit:
(a)
discrimination based on race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age; (b)
exclusion from participation in employment or a business opportunity for reasons identified in 49 U.S.C. § 5332
;
(c)
denial of program benefits in employment or a
business opportunity identified in 49 U.S.C. § 5332; and (d)
discrimination
identified in 49 U.S.C. § 5332, including discrimination in employment or a business opportunity identified in 49 U.S.C. § 5332.
2. Contractor must follow the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance. Ho
wever, FTA does not require an Indian Tribe to comply with FTA program specific guidelines for Title VI when administering its agreement supported with federal assistance under the Tribal Transit Program.
B.
Nondiscrimination
–
Title VI of the Civil
Rights Act.
Contractor must:
1. Contractor must prohibit discrimination based on race, color, or national origin,
2. Contractor must comply with:
(a)
Title VI of the Civil Rights Act of 1964, as
amended, 42 U.S.C. § 2000d, et seq.;
(b)
U.S. DOT regulations,
“No
ndiscrimination in Federally
-
Assisted Programs of the Department of
Transportation
–
Effectuation of Title VI of the Civil Rights Act of 1964,” 49 CFR Part 21; and
(c)
Federal transit law, specifically 49 U.S.C. § 5332; and
3. Contractor must follow:
(a)
the
most recent edition of FTA Circular 4702.1, “Title
VI Requirements and Guidelines for Federal Transit Administration Recipients,” to the extent consistent with applicable federal laws, regulations, requirements, and guidance;
(b)
U.S. DOJ, “Guidelines for
the enforcement of Title VI, Civil Rights
Act of 1964,” 28 C.F.R. § 50.3; and
(c)
all other applicable federal guidance that
may be issued.
C.
Equal Employment Opportunity
.
1. Federal Requirements and Guidance.
Contractor must prohibit discrimination
based on
race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor must also comply with:
(
a
)
Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. § 2000e, et seq.;
(
b
)
Title I of the Americans with
23 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12101, et seq.; (c) Executive Order No. 11246, “Equal Employment Opportunity” September 24, 1965 (42 U.S.C. § 2000e note), as amended by any later Executive Order that amends or supersedes it in part and is applicable to federal assistance programs; (d) federal transit law, specifically 49 U.S.C. § 5332, as provided in section 12 of this Master Agreement; and (e) FTA Circular 4704.1 “Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Adminis tration Recipients.” Further, Contractor must follow other federal guidance pertaining to EEO laws, regulations, and requirements.
2. Affirmative Action. If required to do so by U.S. DOT regulations (49 CFR Part 21) or U.S. Department of Labor regulations (41 C.F.R. chapter 60), Contractor must take affirmative action that includes, but is not limited to: (a) recruitment advertising, recruitment, and employment; (b) rates of pay and other forms of compensation; (c) selection for training, including apprenticeship, and upgrading; and (d) transfers, demotions, layoffs, and terminations.
3. Indian Tribe. Contractor recognizes that Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the definition of “Employer.”
4. Equal Employment Opportun ity for Construction Activities. When undertaking “construction” as recognized by the U.S. Department of Labor (U.S. DOL), Contractor must comply with: (a) U.S. DOL regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 C.F.R. chapter 60; and (b) Executive Order No. 11246, “Equal Employment Opportunity in Federal Employment,” September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note.
7. INCORPORATION OF FTA TERMS. [These requirements do not apply to micro - purchases ($10,000 or less, except for construction contracts over $2,000).]
The preceding provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT ), 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, and 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 the contract. Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests of the AGENCY that would cause the A GENCY to be in violation of the FTA terms and conditions. Contractor shall include this clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA.
8. FREE SPEECH & RELIGIOUS LIBERTY. All Federal funding must be expe nded in full accordance with the U.S. Constitution, Federal Law, and statutory and public policy requirements, including but not limited to those prohibiting discrimination and protecting free speech, religious liberty, public welfare, and the environment.
9. FEDERAL TERMINATION RIGHTS. The termination rights under this Contract are in addition to, and in no way limit, the Federal Government’s right to terminate as described in 2 CFR § 200.340.
10. DEBARMENT, SUSPENSION, INELIGIBILITY, & VOLUNTARY EXCLUSION. [This requirement does not apply to contracts and subcontracts under $25,000.] 24 Rev. 02/2023 FTA Master Agreement dated November 2, 2022
A. Contractor shall comply and facilitate compliance with U.S. DOT regulations, “Non - procurement Suspension and Debarment,” 2 CFR part 1200, which adopts and supplements the U.S. Off ice of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government -Wide Debarment and Suspension (Non -procurement),” 2 CFR 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 f ederally 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.
B. Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally-funded contract (which includes review of SAM at sam.gov, if necessary to comply with U.S. DOT regulations, 2 CFR Part 1200) and are not presently declared by a ny Federal department or AGENCY to be: (1) debarred from participation in any federally-assisted Award; (2) suspended from participation in any federally-assisted Award; (3) proposed for debarment from participation in any federally-assisted Award; (4) declared ineligible to participate in any federally-assisted Award; (5) voluntarily excluded from participation in any federally -assisted Award; or (6) disqualified from participation in any federally-assisted Award.
C. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determin ed by the AGENCY that Contractor knowingly rendered an erroneous 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. Contractor shal l comply with the requirements of 2 CFR part 180, subpart C, as supplemented by 2 CFR part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
11. TERMINATION. The AGENCY must include provisions in their contracts and subcontracts that allows for termination for cause and for convenience by the AGENCY, including the manner by which it will be e ffected and the basis for settlement. See Appendix II(B) to 2 CFR part 200 —Contract Provisions for Non -Federal Entity Contracts Under Federal Awards, and FTA Circular 4220.1F, Chapter IV, paragraph 2.b.(6)(b)4 – Termination.
12. VIOLATION & BREACH OF CONTRACT . [These requirements are not applicable to contracts and subcontracts under the simplified acquisition threshold (currently set at $250,000).]
Unless otherwise provided for by the AGENCY, the following provisions shall apply:
A. Dispute Resolution. Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy, Contractor mails or otherwise furnishes a written appeal to the authorized representative of AGENCY. In connection with any such appeal, Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the authorized representative of AGENCY shall be binding upon Contractor, and Contractor shall abide by the 25 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 decision.
B. Performance During Disputes. Notwithstanding the existence of any dispute between the parties, insofar as is possible, under the terms of the Contract, Contractor shall continue to perform the obligations required of Contractor during the continuation of any such dispute unless enjoined or prohibited by an Arizona Court of competent jurisdiction.
C. Rights and Remedies. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under this Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed upon in writing.
13. LOBBYING RESTRICTIONS. [These requirements do not apply to contracts and subcontracts under $100,000.]
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104 -65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid 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 will 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, 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 U.S.C. 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 U.S.C. 1352.
Such disclosures are forwarded from tier to tier up to the AGENCY.
14. CARGO PREFERENCE (USE OF U.S.-FLAG VESSELS). [These requirements apply to all contracts involving equipment, material, or commodities that may be transported by ocean vessels.]
A. Contractor shall use privately owned United States-Flag commercial vessels to ship at least 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 Contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; B. Contractor shall furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through Contractor in the case of a subcontractor's bill-of-lading); and C. Contractor shall 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.
15. FLY AMERICA. [These requirements apply to contracts and subcontracts involving the 26 Rev.
02 /202
3 FTA Master Agreement dated
November 2
, 202
2 transportation of persons or property by air between a place in the United States and a place outside of the United States, or between places outs ide the United States, when the
FTA will participate in the cost of such air transportation.]
A.
As used in this clause:
(1)
“international air transportation”
means transportation
by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States; (2)
“United States”
means the 50 States, the District of Columbia, and outlying areas;
and
(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, recipients, and others use U.S. -
flag air carriers for U.S.
Government
-
financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires
the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign
-
flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of th e United States, for
international air transportation secured aboard a foreign -
flag air carrier if a U.S.
-
flag
air carrier is available to provide such services.
C.
If available, Contractor, in performing work under this contract, shall use U.S. -
flag
carrier
s for international air transportation of personnel (and their personal effects) or property.
D.
If Contractor selects a carrier other than a U.S.
-
flag air carrier for international air
transportation, then Contractor shall include a statement on vouchers in volving such
transportation essentially as follows:
Statement of Unavailability of U.S.
-
Flag Air Carriers
-
International air
transportation of persons (and their personal effects) or property by U.S. -
flag air
carrier was not available or it was necess
ary to use foreign
-
flag air carrier service
for the following reasons. See FAR § 47.403.
[State reasons]:
_____________________________________________
(End of statement)
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.
16. EMPLOYEE PROTECTIONS.
A.
Prevailing Wage & Anti
-
Kickback.
[These requirements apply to all prime
construction, alteration, or repair
contracts in excess of $2,000.]
1. For all prime construction, alteration or repair contracts in excess of $2,000 awarded by FTA, Contractor shall comply with the Davis
-
Bacon Act and the
Copeland “Anti
-
Kickback” Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers a
nd mechanics employed on FTA assisted
construction, alteration, or repair projects. Contractor will comply with the Davis -
Bacon Act, 40 U.S.C. §§ 3141
-
3144, and 3146
-
3148 as supplemented by DOL
regulations at 29 CFR part 5, “Labor Standards Provisions Appl icable to Contracts
Governing Federally Financed and Assisted Construction.” In accordance with the 27 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 statute, Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
2. In addition, Contractor shall pay wages not less than once a week. Contractor shall also comply with the Copeland “Anti -Kickback” Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States.” Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
B. Contract Work Hours/Safety Standards for Awards Involving Construction. [These requirements apply to all contracts involving construction in excess of $100,000 that involve the employment of mechanics or laborers.]
1. For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 CFR part 5. Under 40 U.S.C. § 3702 of the Act, Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contr acts for transportation or transmission of intelligence.
2. In the event of any violation of the clause set forth herein, Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, Contractor and subcontractor sh all be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause.
3. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by 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 this section.
4. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these 28 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 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 this Contract.
C. Contract Work Hours/Safety Standards for Awards Not Involving Construction. [These requirements apply to all contracts (not involving construction) in excess of $100,000 that involve the employment of mechanics or laborers.]
1. Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non -construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 CFR part 5.
2. Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all labo rers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.
3. Such records maintained under this paragraph shall be made available by Contractor for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and Contrac tor will permit such representatives to interview employees during working hours on the job.
4. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers.
17. SEISMIC SAFETY. [These requirements apply only to contrac ts for the construction of new buildings or additions to existing buildings.]
Contractor shall design and construct any new building or addition to an existing building in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations (49 CFR part 41) and will certify its compliance to the extent required by the regulation. Contractor shall ensure that all work performed under this Contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project.
18. VETERANS EMPLOYMENT. [These requirements apply only to capital projects. See 49 U.S.C. § 5302(3).]
Contractor shall give a hiring preference, to the extent practicable, to veterans (as defined in U.S.C. Section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the Contract. This requirement shall not be understood, construed or enforced in any manner that would require an employer to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or a former employee.
29 Rev. 02/2023 FTA Master Agreement dated November 2, 2022
19. BONDING. [These requirements are applicable to all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold (currently set at $250,000). See FTA Circular C 4220.1F for specific bonding requirements.]
Bonds are required for all construction or facility improvement contracts and subcontracts exceeding the simplified acquisition threshold. FTA may accept the bonding policy and requirements of the AGENCY if FTA has determined that the Federal interest is adequately protected. If such a determination has not been made, the following minimum requirements apply:
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.
B. A performance bond on the part of Contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all of Contractor's obligations under such contract.
C. A payment bond on the part of Contractor for 100 percent of the contr act price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.
20. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIVE ARRANGEMENTS. [These requirements apply only to contracts for transit operations performed by employees of contractors and subcontractors recognized by FTA to be a transit operator.]
Contractor shall comply with the following employee protective arrangements of 49 U.S.C. § 5333(b):
A. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract.
B. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract.
C. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 4 9 U.S.C. § 5310.
FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropria te, and, in those instances, any special arrangements required by FTA will be incorporated herein as required.
D. Flow Down. Contractor shall include the substance of this clause in each subcontract that may involve operating public transit services.
21. CHARTER SERVICE. [These requirements apply to contracts for operating public transportation service.]
30 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 A. Contractor shall comply w ith 49 U.S.C. 5323(d), (g), and (r), and 49 CFR part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally -funded equipment or facilities if there is at least one private chart er operator willing and able to provide the service, except as permitted under: (1) federal transit laws, specifically 49 U.S.C. § 5323(d); (2) FTA regulations, “Charter Service,” 49 CFR part 604; (3) any other federal Charter Service regulations; or (4) Federal guidance, except as FTA determines otherwise in writing.
B. If Contractor engages in a pattern of violations of FTA’s Charter Service regulations, then FTA may require corrective measures or impose remedies on it. These corrective measures and remedie s may include: (1) barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; (2) withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA’s Charter Service regulations; or (3) any other appropriate remedy that may apply.
C. Contractor should also include the substance of this clause in each subcontract th at may involve operating public transit services.
22. SCHOOL BUS OPERATIONS. [These requirements apply to contracts for operating public transportation service.]
Contractor shall comply with 49 U.S.C. 5323(f) and (g), and 49 CFR part 605, and not engage in s chool bus operations using federally -funded equipment or facilities in competition with private operators of school buses, except as permitted under: (A) federal transit laws, specifically 49 U.S.C. § 5323(f); (B) FTA regulations, “School Bus Operations,” 49 CFR part 605; (C) any other Federal School Bus regulations; or (D) federal guidance, except as FTA determines otherwise in writing. If Contractor violates these school bus requirements, then FTA may bar Contractor from receiving Federal assistance for public transportation or require Contractor to take such remedial meas ures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, Contractor may not use federally -funded equipment, vehicles, or facilities.
Contractor should include the substance of this clause in each subcontr act or purchase under this Contract that may operate public transportation services.
23. MOTOR CARRIER SAFETY. [These requirements apply to contracts for operating bus operation service.]
A. Financial Responsibility. Contractor shall comply with the economic and insurance registration requirements of: (1) U.S. Federal Motor Carrier Safety Administration (U.S.
FMCSA) regulations, “Minimum Levels of Financial Responsibility for Motor Carriers,” 49 C.F.R. part 387, if Co ntractor is: (a) engaged in operations requiring compliance with 49 C.F.R. part 387, (b) engaged in interstate commerce, and (c) not within a defined commercial zone; and (2) provisions of 49 U.S.C. § 31138(e)(4), which supersede inconsistent provisions of 49 C.F.R. part 387, and reduce the amount of insurance the Recipient must obtain to the highest amount required by any state in which the public transportation provider operates, if it operates within a public transportation service area located in more t han one state, and receives federal assistance under 49 U.S.C. §§ 5307, 5310, and 5311.
B. U.S. FMCSA Requirements. Contractor shall comply with: (1) safety requirements of U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations, “Federal Motor Carrier Safety Regulations,” 49 C.F.R. parts 390 – 397, to the extent applicable; and (2) driver’s license requirements of U.S. FMCSA regulations, “Commercial 31 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 Driver’s License Standards, Requirements, and Penalties,” 49 C.F.R. part 383, and “State Compliance with Commercial Driver's License,” 49 C.F.R. part 384, to the extent applicable, with the substance abuse requirements and guidance of U.S. FMCSA’s regulations, “Drug and Alcohol Use and Testing Requirements,” 49 C.F.R. part 382, and implementing federal guidance, to the extent applicable.
24. SAFE OPERATIONS OF MOTOR VEHICLES.
A. Seat Belt Use. Contractor is encouraged to adopt and promote on -the-job seat belt use policies a nd programs for its employees and other personnel that operate company-owned vehicles, company- rented vehicles, or personally operated vehicles.
The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by Contractor or AGENCY.
B. Distracted Driving. Contractor shall 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 t he driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this Contract.
C. Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro -purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
25. CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING. [These requirements do not apply to micro -purchases ($10,000 or less, except for construction contracts over $2,000).]
A. Definitions. As used in this clause: (1) "driving" means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise ( note: "driving" does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary); and (2) “text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication (note: “text messaging” does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park).
B. Executive Order. This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009.
Contractor is encouraged to adopt and enforce policies that ban text messaging while driving company-owned/rented vehicles, Government-owned vehicles, and privately- owned vehicles when on official Government business or when performing any work for or on behalf of the Government. Contractor is also encouraged to conduct initiatives in a manner commensurate with the size of the business, such as: (1) establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (2) education, awareness, and other outreach to employees about the safety risks associated with texting while driving. 32 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 C. Subcontracts. Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts that exceed the micro -purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award.
26. SUBSTANCE ABUSE (DRUG & ALCOHOL TESTING) . [These requirements apply to contracts with contractors who perform safety -sensitive functions, as defined in 49 CFR Part 655.4, “Definitions.”]
A. Contractor shall establish and implement a drug and alcohol testing program that complies with “Procedures for Transportation Workplace Drug and Alcohol Testing Programs” (49 CFR Part 40) and “Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations” (49 CFR Part 655), produce any documentation necessary to establish its compliance with parts 655 and 40, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Arizona, or the City of Phoenix, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR part 655 and 49 CFR part 40 and review the testing process.
B. Contractor shall also submit for review and approval a copy of its substance abuse prevention policy developed to implement its drug and alcohol testing program.
Further, Contractor shall certify annually its compliance with parts 655 and 40 and to submit the Drug and Alcohol Management Information System (DAMIS) reports before March 15 to Transit Compliance Officer, City of Phoenix Public Transit Department, 302 N. 1st Avenue, Phoenix, AZ 85003. To certify compliance, Contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
C. Contractor shall require the inclusion of the language of this clause within subcontracts of all tiers involving the performance of a safety-sensitive function under the Contract.
27. BUY AMERICA. [These requirements apply to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.]
A. Contractor shall comply with 49 U.S.C. 5323(j) and 49 CFR part 661, 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 CFR § 661.7 and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, microcomputer equipment, and software. Separate requirements for rolling stock are set out at 49 U.S.C. 5323(j)(2)(C) and 49 CFR § 661.11. Contractor must submit to AGENCY the appropriate Buy America certification with its offer. Offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive.
B. Construction materials used in FTA -funded projects are subject to the domestic preference requirement of the Build America, Buy America Act, Pub. L. 117 -58, div.
G, tit. IX, §§ 70911 – 70927 (2021), as implemented by the U.S. Office of Management and Budget, the U.S. Department of Transportation, and FTA.
28. PROHIBITED TELECOMMUNICATIONS/SURVEILLANCE SERVICES/EQUIPMENT.
The AGENCY is prohibited from obligating or expending loan or grant funds to: procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or 33 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 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. Contractor shall not provide covered telecommunications equipment or services in the performance of the Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is: (A) telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (B) 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) for the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes; (C) Telecommunications or video surveillance services provided by such entities or using such equipment; and (D) telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
29. AIR POLLUTION & FUEL ECONOMY. [These requirements apply to contracts for the purchase of rolling stock.]
The Contractor agrees to comply with applicable Federal air pollution control and fuel economy regulations, such as: EPA regulations, “Control of Air Pollution from Mobile Sources,” 40 CFR Part 85; EPA regulations, “Control of Air Pollution from New and In-Use Motor Vehicles and New and In-Use Motor Vehicle Engines,” 40 CFR Part 86; and EPA regulations, “Fuel Economy of Motor Vehicles,” 40 CFR Part 600.
30. ROLLING STOCK LIMITATIONS. [These requirements apply to contracts for the purchase of rolling stock.]
Contractor and its subcontractors must comply with the limitation on certain rolling stock procurements at 49 U.S.C. § 5323(u), prohibiting the procurement of rolling stock from specified manufacturers for public transportation use.
31. PRE-AWARD & POST -DELIVERY AUDITS OF ROLLING STOCK PURCHASES. [These requirements apply to contracts for the purchase of rolling stock.]
Contractor shall comply with 49 U.S.C. § 5323(m) and FTA's implementing regulation at 49 CFR part 663. Contractor shall comply with the Buy America certification(s) submitted with its offer. Contractor shall participate and cooperate in any pre -award and post -delivery audits performed pursuant to 49 CFR part 663 and related FTA guidance.
32. BUS TESTING. [These requirements apply to contracts for the purchase/lease of any bus model that is new or has any major change in configuration /components to be acquired/leased.]
Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA' s implementing regulation at 49 CFR part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon 34 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 completion of the testing, Contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the grantee.
33. ENVIRONMENTAL PROTECTIONS. Contractor shall comply with all applicable environmental and resource use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance.
A. National Environmental Policy Act.
1. Contractor shall comply and facilitate compliance with federal laws, regulations, and requirements, including, but not limited to: (a) federal transit laws, such as 49 U.S.C. § 5323(c)(2), and 23 U.S.C. § 139; (b) the National Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. §§ 4321 et seq., as limited by 42 U.S.C. § 5159, and CEQ’s implementing regulations 40 C.F.R. part 1500 – 1508; (c) joint FHWA and FTA regulations, “Environmental Impact and Relat ed Procedures,” 23 C.F.R. part 771 and 49 C.F.R. part 622; (d) Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” March 5, 1970, 42 U.S.C. § 4321 note; and (e) other federal environmental protection laws, regulations, and requirements applicable to Contractor.
2. Contractor shall follow federal guidance to the extent that the guidance is consistent with applicable authorizing legislation, which may include: (a) joint FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319, Accelerated Decision making in Environmental Reviews,” January 14, 2013; (b) joint FHWA and FTA final guidance, “SAFETEA -LU Environmental Review Process (Pub. L. 109-59),” 71 Fed. Reg. 66576, November 15, 2006; and (c) other federal environmental guidance applicable to the Contractor.
B. Environmental Justice. Contractor shall promote environmental justice by following:
(1) Executive Order No. 12898, “Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations,” February 11, 1994, 42 U.S.C. § 4321 note, as well as facilitating compliance with that Executive Order; (2) U.S. DOT Order 5610.2, “Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low -Income Populations,” 62 Fed. Reg. 18377, April 15, 1997; and (3) the most recent edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit Administration Recipients,” August 15, 2012, to the extent consistent with applicable federal laws, regulations, requirements, and guidance.
C. Other Environmental Federal Laws. Contractor shall comply or facilitate compliance with all applicable federal laws, regulations, and requirements, and will follow applicable guidance, including, but not limited to, the Clean Air Act, Clean Water Act, Wild and Scenic Rivers Act of 1968, Coastal Zone Management Act of 1972, the Endangered Species Act of 1973, Magnuson Stevens Fishery Conservation and Management Act, Resource Conservation and Recovery Act, Comp rehensive Environmental Response, Compensation, and Liability Act, Executive Order No. 11990 relating to “Protection of Wetlands,” and Executive Order Nos. 11988 and 13690 relating to “Floodplain Management.”
D. Use of Certain Public Lands. Contractor shall c omply with U.S. DOT laws, specifically 49 U.S.C. § 303 (often referred to as “section 4(f)), and joint FHWA and FTA regulations, “Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historic Sites,” 23 C.F.R. part 774, and referenced in 49 C.F.R. part 622. 35 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 E. Historic Preservation. Contractor shall comply with: (1) U.S. DOT laws, including 49 U.S.C. § 303 (often referred to as “section 4(f)”), which requires certain findings be made before an Award may be undertaken if it involves the use of any land from a historic site that is on or eligible for inclusion on the National Register of Historic Places; (2) federal historic and archaeological preservation requirements of section 106 of the National Historic Preservation Act, as amended, 54 U.S.C. § 30610 8; (3) the Archeological and Historic Preservation Act of 1974, as amended, 54 U.S.C. § 312501 et seq.; (4) U.S. Advisory Council on Historic Preservation regulations, “Protection of Historic Properties,” 36 C.F.R. part 800; and (5) other federal requirements and federal guidance to avoid or mitigate adverse effects on historic properties.
F. Indian Sacred Sites. Contractor shall facilitate compliance with federal efforts to promote the preservation of places and objects of religious importance to American Indians, Eskimos, Aleuts, and Native Hawaiians, and facilitate compliance with the American Indian Religious Freedom Act, 42 U.S.C. § 1996, and Executive Order No. 13007, “Indian Sacred Sites,” May 24, 1996, 42 U.S.C. § 3161 note.
34. CLEAN AIR ACT & FEDERAL WAT ER POLLUTION CONTROL ACT. [These requirements do not apply to contracts and subcontracts under $150,000.]
Contractor shall ensure that it: (A) will not use any violating facilities; (B) will report the use of facilities placed on or likely to be placed on the U.S. EPA “List of Violating Facilities;” (C) will report violations of use of prohibited facilities to FTA; and (D) will comply with the inspection and other requirements of the Clean Air Act, as amended (42 U.S.C. §§ 7401 – 7671q); and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 - 1387).
35. ENERGY CONSERVATION. Contractor shall 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. §§ 6321 et seq.).
36. RECYCLED PRODUCTS (SOLID WASTES). [These requirements apply to all contracts and subcontracts involving the purchase of items designated by the EPA (that contain the highest percentage of recovered materials practicable) in excess of $10,000. See 40 C.F.R part 247 for federal designation of items.]
Contractor shall provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. En vironmental Protection Agency (U.S. EPA), “Comprehensive Procurement Guideline for Products Containing Recovered Materials,” 40 CFR part 247. The requirements of Section 6002 include: (A) procuring only items designated in guidelines of the U.S. EPA at 40 C.F.R. 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; (B) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (C) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
36 Rev. 02/2023 FTA Master Agreement dated November 2, 2022
37. INTELLECTUAL PROPERTY/PATENT RIGHTS & RIGHTS IN DATA. [These requirements apply to contracts for the performance of experimental, developmental, or research work.]
A. This Project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract.
Contractor shall grant the AGENCY intellectual property access and licenses deemed necessary for the work performed under this Contract and in accordance with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by FTA or U.S.
DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Contract and shall, at a minimum, include the following restrictions: Except for i ts own internal use, Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or ap proved the release of such data to the public. This restriction on publication, however, does not apply to any contract with an academic institution. For purposes of this Contract, the term “subject data” means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of “subject data” include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals, technical reports, catalog item identifications, and related information, but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract.
B. The Federal Government reserves a royalty -free, non -exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for “Federal Government Purposes”: (1) any subject data developed under the Contract, whether or not a copyright has been obtained; and (2) any rights of copyright purchased by Contractor using federal assistance in whole or in part by the FTA. For “Federal Government Purposes,” means use only for the direct purposes of the Federal Government. Without the copyright owner’s consent, the Federal Government may not extend its Federal license to any other party.
C. Unless FTA determines otherwise, Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA’s license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data a s defined herein and shall be delivered as the Federal Government may direct.
D. Unless prohibited by state law, upon request by the Federal Government, Contractor shall indemnify, save, and hold harmless the Federal Government, its officers, agents, and empl oyees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Contractor shall be required to indemnify the Federal Government 37 Rev. 02/2023 FTA Master Agreement dated November 2, 2022 for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.
E. Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent.
F. Data developed by Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the Contract is exempt from the requirements herein, provided t hat Contractor identifies those data in writing at the time of delivery of the Contract work.
G. Contractor shall include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance.
38. COMPLIANCE WITH NATIONAL ITS ARCHITECTURE POLICY. [These requirements apply only to contracts for National Intelligent Transportation System projects.]
Contractor shall conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. § 517(d), unless it obtains an exemption from those requirements, and follow FTA Notice, “FTA National ITS Architecture Policy on Transit Projects,” 66 Fed. Reg. 1455, January 8, 2001, and all other applicable federal guidance.
39. NTD REPORTING. As a condition of benefitting from federal assistance for public transportation operations, Contractor and its subcontractors must: (A) facilitate compliance with 49 U.S.C. § 5335(a), which authorizes the National Transit Database (NTD); (B) conform to the NTD reporting system and the Uniform System of Accounts and Records; (C) comply with FTA regulations, “Uniform System of Accounts and Records and Reporting System,” 49 CFR Part 630; (D) report when required to the National Transit Database in accordance with FTA regulation 49 CFR Part 630, “National Transit Database,” and applicable FTA instructions: (1) any information relating to a transit asset inventory or condition assessment; (2) any data on assaults on transit workers; (3) any data on fatalities that result from an impact with a bus; and (4) such other information as FTA may require; (E) comply with any other applicable reporting regulations, and requirements; and (F) follow FTA guidance.
40. TRAFFICKING IN PERSONS. Contractor and its subcontractors or their employees shall not: (A) engage in severe forms of trafficking in persons during the Contract Term; (B) procure a commercial sex act during the Contract Term; or (C) use forced lab or in the performance of the Contract. Contractor shall inform AGENCY immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. AGENCY may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to the AGENCY.
41. DBE REQUIREMENTS.
(DBE requirements to be provided by PTD Compliance Section)
38 Rev. 02/2023 FTA Master Agreement dated November 2, 2022
FTA CERTIFICATIONS
EACH CERTIFICATION PROVIDES
INSTRUCTION DESCRIBING WHEN
THE CERTIFICATION IS APPLICABLE
INAPPLICABLE FTA CERTIFICATIONS
MAY BE LEFT BLANK
OFFERS THAT DO NOT INCLUDE
COMPLETED CERTIFICATIONS,
IF APPLICABLE,
WILL BE REJECTED AS NONRESPONSIVE.
39 Rev.
02 /202
3 FTA Master Agreement dated
November 2
, 202
2 DEBARMENT AND SUSPENSION CERTIFICATION
This certification does not apply to contracts and subcontracts under $25,000. Offers that do
not
include this
completed certification
, if applicable,
will be rejected as nonresponsive.
Check one
box below (and provide explanation if necessary)
:
□
The Proposer certifies that the Proposer and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily or involuntarily excluded from covered transactions by any federal department or agency;
2. Have not, within the preceding three years, been convicted of or had a civil judgment rendered against them for commission of fraud or a cr
iminal offense in connection with
obtaining, attempting to obtain, or performing a public or private agreement or transaction; violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of cus
tomers between competitors, and bid
rigging; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; or c
ommission of any other offense indicating a lack of
business integrity or business honesty;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offense descr ibed in Paragraph 2
of this certification;
4. Have not, within the preceding three years, 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 the explanation, the Proposer must certify to those statements that can be certified and explain why the other statements cannot be certified.)
The Proposer shall require that the language of this certification be included in the contract
documents for all
subcontractors and material suppliers
at all tiers, and that all subcontractors
and material suppliers
shall certify and disclose accordingly.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U
.
S
.
C
.
§§ 3801 et al. are applicable to t
his certification.
Company:
_________________________________________________________________
Name:
____________________________________________________________________
Title:
_____________________________________________________________________
Signature:
_________________________________________________________________
Date:
_____________________________________________________________________
Cummins Inc. (dba Cummins Sales and Service)
Kathleen Bryant
Bids and Contacts Manager
27 January, 2025
40 Rev.
02 /202
3 FTA Master Agreement dated
November 2
, 202
2 BUY AMERICA CERTIFICATION
Th
is certification applies to contracts over $150,000 if they involve the purchase of iron, steel, manufactured goods, or rolling stock.
Offers that
do not include this
completed certification
, if
applicable,
will be rejected as nonresponsive.
If this Offer is valued in excess of $150,000 and
involves the procurement of steel, iron, or
manufactured products (as defined in 49 CFR §§ 661.3 and 661.5),
the Proposer hereby
certifies that it:
□
Will comply
with the requirements of 49 U
.
S
.
C
.
§ 5323(j)(1) and the applicable
regulations in 49 CFR part 661
;
OR
□
Cannot comply the requirements of 49 U
.
S
.
C
.
§ 5323(j) (and 49 CFR part 661) but may
qualify for an exception to the requirements pursuant to 49 U .
S
.
C
.
§ 5323(j)(2), as
amended, and the applicable regulations in 49 CFR § 661.7.
If this Offer is valued in excess of $150,000 and
involves
the procurement of buses or other
rolling stock (including associated equipment),
the Proposer hereby certifies that
it:
□
Will comply with the requirements of 49 U
.
S
.
C
.
§ 5323(j) and the applicable regulations
of 49 CFR § 661.11
;
OR
□
Cannot comply with the requirements of 49 § U
.
S
.
C
.
5323(j) (and 49 CFR § 661.11), but
may qualify for an exception to the requirements co
nsistent with 49 U
.
S
.
C
.
§
5323(j)(2)(C), as amended, and the applicable regulations in 49 CFR § 661.7.
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this
certification. In addition, the Proposer understands and agrees that the provisions of 31 U
.
S
.
C
.
§§
3801 et al. are applicable to this certification
Company:
_________________________________________________________________
Name:
____________________________________________________________________
Title:
_____________________________________________________________________
Signature:
_________________________________________________________________
Date
:
_____________________________________________________________________
Cummins Inc. (dba Cummins Sales and Service)
**Cummins Inc. d/b/a Cummins Sales and Service ("Cummins") certifies compliance with respect to the provision of the 43 specific part numbers listed in the Bid Price schedule for this Bid. Cummins will be supplying replacement parts that would be classified as "subcomponents" for FTA Buy America purposes. Cummins' certification of compliance with the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 CFR Part 661 is based on the FTA Buy America standard for replacement parts announced by the FTA in its Final Rule adopted on September 20, 2007. 72 Fed. Reg. 53688, 53692-93 (Sept. 20, 2007). ** See Comment Above
Kathleen Bryant
Bids and Contracts Manager
27 January, 2025
41 Rev.
02 /202
3 FTA Master Agreement dated
November 2
, 202
2 LOBBYING CERTIFICATION
Th
is
certification
do
es
not apply to contracts and subcontracts under $100,000.
Offers that
do
not
include this
completed certification
, if applicable,
will be r
ejected as nonresponsive.
The Proposer certifies that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an emp
loyee of a Member of 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 of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agen cy, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Proposer shall complete and submit Standard Form -
LLL, “Disclosure
Form
to Report Lobbying,” in accordance with its instructions.
3. The Proposer shall require that the language of this certification be included in the contract
documents for all
subcontractors and material suppliers
at all tiers, and that all
subcontractor
s
and material suppliers
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. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty 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 the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U
.
S
.
C
.
§§
3801 et al. are applicable to th
is certification.
Company:
_________________________________________________________________
Name:
____________________________________________________________________
Title:
_____________________________________________________________________
Signature:
_________________________________________________________________
Date
:
_____________________________________________________________________
Per paragraph 2 above, compl
ete and submit Standard Form
–
LLL, “Disclosure Form to Report
Lobbying,” if applicable.
Cummins Inc. (dba Cummins Sales and Service)
Kathleen Bryant
Bids and Contacts Manager
27 January, 2025
42 Rev.
02 /202
3 FTA Master Agreement dated
November 2
, 202
2 TAX LIABILITY CERTIFICATION
This certificate applies to all contracts.
Offers that
do not include this
completed certification
will
be rejected as nonresponsive.
The Proposer certifies that:
1. I
t has no
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;
2. I
t has not been convicted of a felony criminal violation under any federal law within the preceding 24 months; and
3. I
t shall require that the language of this certification be included in the award documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.
The Proposer
certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U
.
S
.
C
.
§§
3801 et al. are applicable to this certificat
ion.
Company:
_________________________________________________________________
Name:
____________________________________________________________________
Title:
_____________________________________________________________________
Signature:
_________________________________________________________________
Date
:
_____________________________________________________________________
Cummins Inc. (dba Cummins Sales and Service)
Kathleen Bryant
Bids and Contacts Manager
27 January, 2025
43 1
APPENDIX D
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER -- MATRICES A. THIRD PARTY CONTRACT PROVISIONS
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
PROVISION COMMENTS
MASTER AGREEMENT
REFERENCE
(based on FA MA(30) 11-2-2022)
All FTA Assisted Third Party Contracts and Subcontracts No Federal Government Obligations
to Third Parties (Use of Disclaimer) § 3(l)
False or Fraudulent Statements or
Claims – Civil and Criminal Fraud § 4.e
Access to Third Party Contract
Records § 16.s
Changes to Federal Requirements § 3.j.(1)
Equal Employment Opportunity
(except special DOL construction
clause) )
§ 12
Disadvantaged Business Enterprises
(DBEs)
Contract awarded on the basis of a
bid/proposal offering to use DBEs. § 12.e
Incorporation of FTA Terms Per FTA C 4220.1F. § 16.d
Prompt Payment 49 CFR 26.29
Prohibition on Certain
Telecommunications Equipment 2 CFR 200.216
FAR 52.204-24
Awards Exceeding $10,000
Terminations § 11 and § 16.d.(2)
Debarment and Suspension Awards exceeding $25,000 § 4.h Notice to FTA and U.S. DOT
Inspector General of waste, fraud,
abuse…
Awards exceeding $25,000 § 39(b)
Lobbying Awards exceeding $100,000 § 4.c and § 16.d(8)
Awards Exceeding the Simplified Acquisition Threshold ($250,000) Resolution of Disputes, Breaches, or
Other Litigation § 39
Awards Exceeding $150,000 by Statute
Clean Air 42 U.S.C. 7401-7671q. § 16.d.(7)
Clean Water 33 U.S.C 1251-1387 § 16.d.(7)
Buy America
When tangible property or construction
will be acquired. The threshold for
applicability is no longer tied to the
simplified acquisition threshold. It is
statutorily fixed in 49 U.S.C.
§5323(j)(13).
§ 15.a and b
Note: The Special EEO Clause for Construction is now shown on next page under “Construction Activities” for all contracts.
44 2
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER — MATRICES
– THIRD PARTY CONTRACT PROVISIONS (Continued)
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
PROVISION COMMENTS
MASTER AGREEMENT
REFERENCE
(based on FA MA(30) 11-2-2022)
Transport of Property or Persons
Cargo Preference When acquiring property suitable for
shipment by ocean vessel. § 15.c
Fly America
When property or persons are transported
by air between U.S. and foreign
destinations, or between foreign locations.
§ 15.d
Construction Activities
Construction Employee Protections
– Davis-Bacon Act For contracts exceeding $2,000. § 16.d.(4) Construction Employee Protections
– Contract Work Hours &
Safety Standards Act
For contracts exceeding $100,000.
OMB Office of Federal Financial
Management has not adopted the FAR
clause 2.101 $150,000 simplified
acquisition threshold standard.
§ 16.d.(5)
Construction Employee Protections
– Sec. 1 Copeland Anti-
Kickback Act
– Sec. 2 Copeland Anti-Kickback Act
All contracts
All construction contracts exceeding
$2,000.
§ 16.d.(4)
Special EEO Provision for Construction All construction contracts § 16.d.(3) Bonding for Construction Activities
Exceeding $250,000
5% bid guarantee bond.
100% performance and payment bond.
§ 16.n
Seismic Safety Construction contracts for new buildings or for existing buildings. § 23.b
Veterans Preference All construction contracts 16.u
Non-construction Activities
Nonconstruction Employee Protection
– Contract Work Hours &
Safety Standards Act
For all turnkey, rolling stock , and
operational contracts (except transportation
services contracts and open market
contracts) exceeding $100,000.
OMB Office of Federal Financial
Management has not adopted the FAR
clause 2.101 $150,000 simplified
acquisition threshold standard.
§ 24.b
Transit Operations
Transit Employee Protective
Arrangements § 24.d
Charter Bus Operations § 28
School Bus Operations § 29
Drug Use and Testing Safety sensitive functions. § 35.b Alcohol Misuse and Testing Safety sensitive functions. § 35.b 45 3
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
A. THIRD PARTY CONTRACT PROVISIONS (Continued)
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
PROVISION COMMENTS
MASTER AGREEMENT
REFERENCE
(based on FA MA(30) 11-2-2022)
Planning, Research, Development, and Demonstration Projects Patent Rights § 17
Rights in Data and Copyrights § 18
Special Notification Requirements for States
Special Notification Requirement
for States
. § 37
Miscellaneous Special Requirements
Energy Conservation All Contracts § 26
Recycled Products
Contracts when procuring
$10,000 or more per year of items
designated by EPA.
§ 16.d.(10)
Prohibition on Certain
Telecommunications Equipment All Contracts 2 CFR 200 Appendix II 2 CFR 200.216
Conformance with National ITS
Architecture
Contracts and solicitations for ITS
projects.
§ 16.l
ADA Access Contracts for rolling stock or
facilities construction/renovation. § 12.h
Assignability Clause Procurements through
assignments (“piggybacking”). § 16.a, which incorporates FTA circular 4220.1
46 4
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
B. APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS
(excluding micro-purchases, except Davis-Bacon requirements apply to contracts exceeding $2,000)
TYPE OF PROCUREMENT
PROVISION Professional
Services/A&E
Operations/
Management
Rolling
Stock
Purchase
Construction Materials &
Supplies
No Federal Government
Obligations to Third Parties
(by Use of a Disclaimer)
All
All
All
All
All
False Statements or Claims Civil
and Criminal Fraud
All
All
All
All
All
Access to Third Party Contract
Records
All All All All All
Changes to Federal Requirements All All All All All
Termination >$10,000 >$10,000 >$10,000 >$10,000 >$10,000 Equal Employment Opportunity
except Special DOL EEO clause
for construction projects)
All All All All All
Special DOL EEO clause for
construction projects
>$10,000
Disadvantaged Business
Enterprises (DBEs)
All All All All All
Incorporation of FTA Terms All All All All All
Debarment and Suspension >$25,000 >$25,000 >$25,000 >$25,000 >$25,000 Buy America >$150,000
>$150,000 >$150,000
Resolution of Disputes, Breaches,
or Other Litigation
>$250,000 >$250,000 >$250,000 >$250,000 >$250,000
Lobbying >$100,000 >$100,000 >$100,000 >$100,000 >$100,000 Clean Air >$150,000 >$150,000 >$150,000 >$150,000 >$150,000 Clean Water >$150,000 >$150,000 >$150,000 >$150,000 >$150,000 Cargo Preference Transport by
ocean vessel.
Transport by
ocean vessel.
Transport by
ocean vessel.
Fly America Foreign air
transp. /travel.
Foreign air
transp.
/travel.
Foreign air
transp.
/travel.
Foreign air
transp.
/travel.
Foreign air
transp.
/travel.
Notice to FTA and U.S. DOT
Inspector General of Information
Related to Fraud, Waste, etc.
$25,000 or
More. Prime
and Subs
$25,000 or
More. Prime
and Subs
$25,000 or
More. Prime
and Subs
$25,000 or
More. Prime
and Subs
$25,000 or
More. Prime
and Subs
Prompt Payment All All All All All
47 5
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
B. APPLICABILITY OF THIRD PARTY CONTRACT PROVISIONS (Continued) (excluding micro-purchases, except Davis-Bacon requirements apply to construction contracts exceeding $2,000)
TYPE OF PROCUREMENT
PROVISION Professional
Services/A&E
Operations/
Management
Rolling
Stock
Purchase
Construction Materials &
Supplies
Davis-Bacon Act >$2,000 (also
ferries).
Veterans Preference >$150,000
Contract Work Hours and Safety
Standards Act
>$250,000
(transportation
services
excepted).
>$250,000 >$250,000
(also ferries).
Copeland Anti-Kickback Act
Section 1
Section 2
All
> $2,000 (also
ferries).
Bonding >$250,000
Seismic Safety A&E for new
buildings &
additions.
New
buildings &
additions.
Transit Employee Protective
Arrangements
Transit
operations.
Charter Service Operations All
School Bus Operations All
Drug Use and Testing Transit
operations.
Alcohol Misuse and Testing Transit
operations.
Patent Rights R & D
Rights in Data and Copyrights R & D
Energy Conservation All All All All All
Recycled Products EPA-selected
items $10,000
or more
annually.
EPA-selected
items $10,000
or more
annually.
EPA-selected
items $10,000
or more
annually.
Seat Belt Use All All All All All
Distracted Driving All All All All All
Conformance with ITS National
Architecture
ITS projects. ITS projects. ITS projects. ITS projects. ITS projects.
ADA Access A&E All All All All
Notification of Federal
Participation for States
Limited to
States.
Limited to
States.
Limited to
States.
Limited to
States.
Limited to
States.
Prohibition on Certain
Telecommunications Equipment
All
All All All All
48 6
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
C. CERTIFICATIONS, REPORTS, AND FORMS
CERTIFICATIONS, REPORTS,
AND FORMS COMMENTS REGULATORY
REFERENCE
Bus Testing Certification
All procurements of new model transit
buses and vans and existing models being
modified with major changes.
49 CFR Part 665
TVM Certifications All rolling stock procurements. 49 CFR Part 26 Buy America Certification
Procurements of steel, iron, manufactured
products and construction materials
exceeding $150,000.
49 CFR Part 661
Preaward Review FTA Annual Certification for any rolling stock procurement. 49 CFR Part 663
Preaward Buy America
Certification
Rolling stock procurements exceeding
$150,000. 49 CFR Part 663
Preaward Purchaser’s Requirement All rolling stock procurements. 49 CFR Part 663 Post Delivery Review FTA Annual Certification for any rolling stock procurement. 49 CFR Part 663
Post Delivery Buy America
Certification
Rolling stock procurements exceeding
$150,000.
49 CFR Part 663
Post Delivery Purchaser’s
Requirement
All rolling stock procurements to the extent
required by Federal law and regulations. 49 CFR Part 663 On-Site Inspector’s Report
Rolling Stock except for procurements of:
-10 or fewer vehicles;
- 20 or fewer vehicles serving rural (other
than urbanized) areas or urbanized areas or
200,000 people or fewer;
- any amount of primary manufactured
standard production and unmodified vans
that after visual inspection and road testing
meet the contract specifications.
49 CFR Part 663
Federal Motor Vehicle Safety
Standards - Preaward and Post
Delivery Reviews
Motor vehicle procurements (49 CFR 571). 49 CFR Part 663 Lobbying Procurements exceeding $100,000.
49 CFR Part 20
OMB Office of Federal
Financial Management has
not adopted FAR 2.101
$150,000 simplified
acquisition threshold
standard.
Standard Form LLL and Quarterly
Updates (when required)
Procurements exceeding $100,000 where
contractor engages in lobbying activities.
49 CFR Part 20
OMB Office of Federal
Financial Management has
not adopted FAR 2.101
$150,000 simplified
acquisition threshold
standard.
49 7
PROVISIONS, CERTIFICATIONS, REPORTS, FORMS, AND OTHER—MATRICES
D. OTHER MATTERS
OTHER MATTERS COMMENTS STATUTORY OR REGULATORY
REFERENCES
Contract Administration System 2 CFR § 200.318(b)
Record of Procurement History 2 CFR § 200.318(i)
Protest Procedures
2 CFR § 200.318(k)
Selection Procedures 2 CFR § 200.320 b.
Cost/Price Analysis 2 CFR § 200.324
Justification for Noncompetitive
Awards
If Applicable.
2 CFR § 200.320 c.
No Excessive Bonding
Requirements
2 CFR § 200.319(b) (2)
No Exclusionary Specifications 2 CFR § 200.319(d) (1) No Geographic Preferences Except for A&E Services 42 CFR § 200.319 c.
50 Rev. 4/17/2019
PURCHASE ORDER TERMS AND CONDITIONS
(For Commodities Only)
DEFINITIONS: The following meanings are attached to the following defined words when used in these terms and conditions and the purchase order. The word “City” means the City of Torrance, California. The word “Vendor” or “Contractor” means the person, firm, or corporation providing goods or services to the City.
The word “purchase order” means the contract, purchase order or blanket purchase order issued to the vendor by the City.
GOODS: The term “Goods” means the products, goods or other commodities purchased pursuant to the Purchase Order.
DESCRIPTION OF GOODS: The Vendor must produce and deliver the Goods in accordance with the specifications and the shipping and quantity schedule set forth on the first page of the Purchase Order.
SUBSTITUTION: No substitution of Goods ordered will be made unless authorized by the Purchasing Division.
DELIVERY DATE: The Goods must be shipped and must arrive at the destination specified by the CITY in strict compliance with the shipping and quantity schedule set forth on the first page of this Purchase Order. Any failure by the Vendor to meet the Required Delivery Date (set forth on the first page of this Purchase Order) will constitute a material default. The Vendor must notify the CITY immediately if the Vendor reasonably believes that the Vendor will not be able to meet the Required Delivery Date for any reason. In addition, the Vendor must promptly provide the CITY with a schedule that the Vendor reasonably believes it will be able to meet.
FISCAL YEAR FUNDING: Each payment obligation of the City is conditioned upon the availability of state or local government funds which are apportioned or allocated for the payment of such an obligation. If the funds are not allocated and available for the continuance of the function performed by the Vendor, the product or service directly or indirectly involved in the performance of that function may be terminated by the City at the end of the period for which funds are available.
CANCELLATION: The CITY reserves the right to cancel any portion of this order with respect to Goods not delivered on or before the Required Delivery Date.
DELIVERY RISK OF LOSS: All orders will be F.O.B. destination if not otherwise specified. Risk of loss or damage to the Goods must remain with the Vendor until the Goods have been delivered to and accepted by the CITY. All Goods will be received by the CITY subject to its right of inspection, rejection, and revocation of acceptance under the Uniform Commercial Code. The CITY will be allowed a reasonable period of time to inspect the Goods and to notify the Vendor of any nonconformance with the terms and conditions of this purchase order. The CITY may reject any Goods that do not conform to the terms and conditions of this purchase order; any Goods rejected may be returned to the Vendor at the Vendor’s risk and expense. Further, where the CITY rightfully revokes acceptance, the CITY may, to the extent of any deficiency in its effective insurance coverage, treat the risk of loss as having rested on the Vendor from the date of the Vendor’s acceptance of this purchase order.
INVOICES: Two copies of the invoice must be mailed to the City of Torrance Finance Department not later than the day after shipment is made. Individual invoices must be issued for each shipment against each purchase order. Invoices must contain the purchase order number, dated item(s) were shipped, and description of Goods, unit price, quantities billed and extended totals. Payment will be made by the CITY in accordance with the terms specified on the first page of this Purchase Order.
To expedite payment, the BPO number must appear on all invoices, shipping documents and packages.
Payment(s) will be made upon verification and acceptance by the requesting department/division of items received or services performed and receipt of correct billing(s).
PACKING AND SHIPPING: Deliveries must be made as specified without charge for boxing, crating, or storage unless otherwise specified, and Goods must be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in a manner to assure against damage from weather or transportation. The CITY’s order numbers and symbols must be plainly marked on all invoices, packages, and shipping orders. Packing lists specifying the quantity, description and purchase order number must accompany each box or package shipment. The CITY’s count or weight will be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by the CITY will be shipped in separate boxes or containers for each destination, at no charge.
ACCEPTANCE OF PURCHASE AGREEMENT: This purchase order constitutes the CITY’s offer to the Vendor and becomes a binding contract upon acceptance by the Vendor by commencement of performance. Any terms or conditions (including price and delivery dates) proposed by the Vendor in accepting the CITY’s offer, which are inconsistent with or in addition to the terms and conditions set forth in this purchase order, will be void and of no effect unless and to the extent expressly accepted by the CITY in writing.
TAXES: The Vendor must separately state on all invoices any taxes imposed by the federal or state government applicable to furnishing of the Goods: provided, however where a tax exemption is available, the tax must be subtracted from the total price and identified. Municipalities are exempt from federal excise and transportation taxes. Total prices quoted are to exclude federal taxes. Exemption certificates will be furnished upon request. Unless otherwise indicated, prices quoted will be considered to exclude state and city sales or use tax, which is payable to the CITY.
PRICES: The Vendor represents that prices quoted to or paid by the CITY will not exceed current prices charged to any other customer or the Vendor for items that are the same or substantially similar to the Goods, taking into account the quality under consideration, and the Vendor will forthwith refund any amounts paid by the CITY in excess of the price.
CASH DISCOUNTS: The date used as the basis for cash discounts calculation is the date the Goods are received or the date an acceptable invoice is received, whichever is later.
51 Rev. 4/17/2019
WARRANTY: The Vendor warrants that all Goods will conform to applicable specifications, drawings, descriptions, and samples, and will be merchantable, of good workmanship in material, and free from defect. Unless manufactured pursuant to detailed design furnished by the CITY, the Vendor assumes design responsibility and warrants the Goods to be free from design defect and suitable for the purposes intended by the CITY. The Vendor’s warranties, together with its service guarantees, must run to the CITY and its customers or users of the Goods and must not be deemed exclusive. The CITYs inspection, approval, acceptance, use of, or payment for all or any part of the Goods must in no way effect its warranty rights whether or not a breach of warranty had become evident at the time.
WARRANTY DISCLAIMER: Where applicable, VENDOR warrants that it possesses the necessary intellectual rights to license to City the hardware and software provided for the services prov ided pursuant to this Agreement. Vendor agrees to indemnify and save the City harmless from and against any and all judgments, suits, costs, and expenses subject to the limits set forth in this agreement resultin g from any alleged infringement of any patent or copyright arising from the licensing or use of the hardware and software for the services provided pursuant to this Agreement, provided that the City has notified VENDOR in writing of such allegation within thirty (30) days of the date upon which the City first received notice thereof. VENDORS’s obligation to indemnify and save the City harmless under this paragraph is void if the cla im of infringement arises out of or in connection with any modification made to the software or hardware or any use of t he software or hardware not specifically authorized in writing by VENDOR.
CHANGES: The CITY has the right by written notice to change the quantity or specifications of the Goods ordered and the terms of, shipment or packaging of Goods. Upon receipt of any notice, the Vendor will proceed promptly to make the changes in accordance with the terms of the notice. If any change causes an increase or decrease in the cost or performance or in the time required for performance, an equitable adjustment must be negotiated promptly and the contract modified in writing accordingly. The Vendor must deliver to the CITY as promptly as possible, and in any event within 30 days after receipt of change notice, a statement showing the effect of any change in the delivery dates and prices; the statement must be supplemented within 30 days by detailed specification of the amount of the price adjustment and supporting cost figures. The Vendor’s failure to submit the statements within the time limits stated, will constitute its consent to perform the change without increase in price, without claim for material rendered obsolete and without change in delivery schedule.
BUSINESS LICENSE: Prior to the award of a Purchase Order, you are required to have a City of Torrance Business License if your company is located in the City of Torrance; will physically be working in the City of Torrance; or will be using your own vehicles to deliver to the City of Torrance. For additional information and licensing requirements, please contact the City of Torrance Business License Office at (310) 618- 5923. NOTE: If you are using our own vehicles, full coverage certificates of insurance are required and should be emailed to [email protected]. For additional information contact purchasing at 310 618-5820.
INDEMNITY : The Vendor assumes all responsibility for, and agrees to undertake, to protect, indemnify and hold the CITY, the City Council, each of its members, present and future and its officers, employees, and agents, harmless from any and all liabilities, losses, claims, suits, judgments and causes of action for damage, to property and injuries to persons, including death, and from any cost and expense, including recall expenses and attorneys fees, arising out of or related to any of the Goods resulting from the Vendors breach of the terms of the Purchase Order (including the warranties), the Vendor’s negligence, or allegations that the Goods are defective in manufacture or design.
CONFLICT OF INTEREST: No officer or employee of the CITY may have any financial interest, direct or indirect, in this Purchase Order, nor may any officer or employee participate in any decision relating to the Purchase Order that effects the officer or employee’s financial interest or the financial interest of any corporation, partnership or association in which the officer or employee is, directly or indirectly interested, in violation of any law, rule or regulation.
No person may offer, give, or agree to give any officer or employee or former officer or employee, nor may any officer or employee solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any way pertaining to any program requirement, contract or subcontract, or to any solicitation or proposal.
INTEGRATION; AMENDMENT: This Purchase Order represents the entire understanding of the CITY and the Vendor as to those matters contained in it. No prior oral or written understanding will be of any force or effect with respect to the terms of this Purchase Order. The Purchase Order may not be modified or altered except in writing signed by both parties.
INTERPRETATION: The terms of this Purchase Order should be construed in accordance with the meaning of the language used and should not be construed for or against either party by reason of the authorship of this Purchase Order or any other rule of construction that might otherwise apply.
SEVERABILITY: If any part of this Purchase Order is found to be in conflict with applicable laws, that part will be inoperative, null and void insofar as it is in conflict with any applicable laws, but the remainder of the Purchase Order will remain in full force and effect.
GOVERNING LAW; JURISDICTION: This Purchase Order will be administered and interpreted under the laws of the State of California. The parties consent to the jurisdiction of the state and federal courts located in Los Angeles County, California for the resolution of all disputes arising under this Purchase Order, and the parties agree that jurisdiction and venue for proceedings will lie exclusively with those courts.
Service of process in any such proceeding (including service of process for the institution of any such proceeding) may be made by certified mail, return receipt requested, directed to the respective party.
ATTORNEY’S FEES: In any dispute, litigation, arbitration, or other proceeding where one party either seeks to enforce its rights under this Purchase Order (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Purchase Order, the prevailing party will be awarded reasonable attorney’s fees, together with any costs and expenses, to resolve the dispute and to enforce any judgment. 52 Request for Changes
Document No. B2025‐ 01
Customer: City of Torrance
Contractor: Cummins Inc. (“Cummins”)
1. Cummins Bid is subject to the Sales Terms set forth below.
2. Cummins reserves the right to negotiate the terms and condition with the Customer upon award.
SALES TERMS AND CONDITIONS
These Sales Terms and Conditions, together with the Bid Quote, are hereinafter referred to as this “bid” and shall constitute the terms of this bid between the City of Torrance and Cummins, and supersedes any previous agreement or understanding (oral or written) between the parties with respect to the subject matter of this bid.
1. DELAYS. Cummins shall not be liable for any delays in performance that result directly or indirectly from acts of Customer or causes beyond Cummins’ control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, or labor disputes.
2. WARRANTY. Limited warranties apply for select parts and components as defined by the respective component manufacturer’s limited warranties. All Services shall be free from defects in workmanship for a period of ninety (90) days after completion of Services. In the event of a warrantable defect in workmanship, Cummins’ obligation shall be solely limited to correcting the defective workmanship. Cummins shall correct the nonconforming Services where (i) such nonconformity becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of any nonconformity within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that the Services are nonconforming. Services corrected or re‐ performed shall be subject to the remaining warranty period of the original warranty of the Services. New parts supplied during correction or re‐performance of Services are warranted for the balance of the warranty period still available from the original warranty of such parts. The remedies set forth in this Section 4 shall not be deemed to have failed of their essential purpose so long as Cummins is willing to correct defective Services or refund the purchase price therefor.
3. LIMITATIONS ON WARRANTIES AND REMEDIES.
Cummins expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability and warranty for fitness of a particular purpose, to the extent permitted by law. The warranties set forth herein are the sole warranties made by Cummins. Some states do not allow limitation on warranties, so these limitations may not apply to you.
THE MAXIMUM LIABILITY, IF ANY, OF EITHER PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, AGREEMENT DAMAGES AND DAMAGES FOR PROPERTY, WHETHER ARISING FROM CUMMINS’ INDEMNITY HEREUNDER, BREACH OF AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED TWO TIMES THE PRICE OF THE SERVICES PAID BY CUSTOMER UNDER THIS AGREEMENT WHICH SHALL BE THE SOLE REMEDY UNDER THIS AGREEMENT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, PROPERTY DAMAGE, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, DAMAGE TO GOODWILL) HOWSOEVER CAUSED ARISING FROM THIS AGREEMENT OR THE BREACH OF THIS AGREEMENT, WHETHER IN INDEMNITY, TORT, CONTRACT, OR OTHERWISE. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN.
53 4. INDEMNITY. Each party shall indemnify and hold harmless the other party, its affiliates, subsidiaries, officers, directors, agents and employees from and against any and all third party losses, costs, liabilities, damages and expense, including reasonable attorney and expert fees (collectively, “Losses”), subject to the limitations on claims and damages in Section 5, attributable to bodily injury or property damage to the extent it is conclusively determined that such Losses were directly caused by the gross negligence or willful misconduct of such party. The party seeking indemnification shall give written notice to the other party promptly upon learning of the events giving rise to such claim; provided, however, that failure to provide such notice promptly shall only relieve an indemnifying party of its obligations hereunder to the extent it is prejudiced by such delay. The indemnifying party shall select counsel to control and manage the defense of a claim and the settlement thereof and shall keep the indemnified party apprised of all material developments with respect to such claim. The indemnified party may, at its expense, select additional co‐counsel. The indemnifying party shall have no obligation to indemnify or hold harmless the indemnified party for any Losses conclusively determined to be caused by the negligence or willful misconduct of the indemnified party.
5. ASSIGNMENT. This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins.
6. INTELLECTUAL PROPERTY. Any intellectual property rights created by Cummins in the course of the performance of any Agreement or otherwise shall remain Cummins’ property. Nothing in these conditions shall be deemed to have given Customer a licence or any other rights to use any of the intellectual property rights of Cummins.
7. MISCELLANEOUS. All notices under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof.
54 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
7/20/2024
Aon Risk Services Central Inc.
200 E Randolph St.
Chicago, IL 60601
317-841-6004 317-841-6006
Swiss Re Corporate Solutions Elite Ins 29700
Old Republic Insurance Company 24147
A 5,000,000CGP0000001-02 8/1/2024 8/1/2025
5,000,000
✓
10,000
✓
5,000,000
5,000,000
5,000,000
B MWTB 317015 24 8/1/2024 8/1/2025 2,000,000
✓
PHYSICAL DAMAGE SELF-INSURED
A CGU0000001-02 8/1/2024 8/1/2025 20,000,000✓✓
20,000,000
B MWC 314311-24 8/1/2024 8/1/2025 ✓
2,000,000N
2,000,000
2,000,000
B Excess Auto Liability MWZX 317016 24 8/1/2024 8/1/2025 Limit: 3,000,000 Al King
A. I. King Insurance Agency, Inc.
[email protected]
✓
Cummins Inc.
500 Jackson Street
Mail Code 91676
Columbus IN 47201-6258
81069232
**PROOF OF INSURANCE
PROOF OF INSURANCE
81069232 | 24/25 GL AU UMB WC (Standard Merged) | Shelly Pence | 7/20/2024 11:12:32 PM (EDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates. 55 City of Torrance
Bid Results for Project New and Remanufactured OEM Cummins Engines (2025-01) Issued on 01/08/2025
Bid Due on January 28, 2025 3:00 PM (PST)
Exported on 01/28/2025
Line Totals (Unit Price * Quantity)
Item Num Section Item Code Description Reference Unit of Measure Quantity Cummins Sales and Service Rush Truck Centers RWC Group Harbor Diesel & Equipment, Inc. Los Angeles Truck Centers, LLC 1 Imported Items Belt, V Ribbed Serpentine EA 81 $5,329.80 $5,380.02 $5,630.31 $5,891.94 $5,182.38 2 Imported Items Valve, Air Control EA 10 $9,824.00 $9,818.40 $10,054.70 $10,753.50 $11,266.00 3 Imported Items Set, Main Bearing EA 29 $7,581.76 $7,652.52 $7,921.93 $8,381.58 $8,780.91 4 Imported Items Housing, Breather EA 32 $2,524.80 $2,548.16 $2,666.88 $2,791.04 $2,923.84 5 Imported Items Kit, Exhaust Recirculation Cooler EA 40 $67,871.20 $67,832.40 $68,726.00 $74,292.80 $79,366.40 6 Imported Items Sensor, Temperature EA 8 $2,374.00 $2,372.64 $2,456.16 $2,598.64 $2,722.48 7 Imported Items Sensor, PRS Temperature EA 12 $3,972.84 $3,970.56 $4,110.36 $4,348.80 $4,556.04 8 Imported Items Actuator, Throttle EA 46 $32,375.26 $32,356.40 $33,135.18 $35,438.40 $37,127.06 9 Imported Items Cover, Valve EA 14 $3,697.68 $3,699.78 $3,825.64 $4,047.54 $4,240.46 10 Imported Items Module, Catalyst EA 7 $59,336.41 $59,302.46 $59,451.14 $64,950.41 $68,045.39 11 Imported Items Sensor, Pressure EA 35 $14,938.35 $14,929.60 $15,455.30 $16,351.65 $17,130.75 12 Imported Items Pulley, Idler EA 35 $6,310.15 $5,412.40 $5,603.15 $5,927.95 $6,210.40 13 Imported Items Valve Fuel Flow EA 8 $14,904.40 $13,143.36 $15,092.08 $16,314.56 $17,433.84 14 Imported Items Module Ignition Control EA 35 $82,407.15 $82,359.90 $83,444.90 $90,203.75 $94,502.45 15 Imported Items Tube, Oil Filter EA 23 $6,436.32 $6,432.41 $6,658.96 $7,045.13 $7,380.93 16 Imported Items Belt, Tensioner EA 14 $1,874.46 $1,891.82 $1,958.46 $2,072.14 $2,170.84 17 Imported Items Kit, Turbocharger EA 5 $23,858.10 $23,544.65 $17,100.85 $25,787.05 $27,015.85 18 Imported Items Tube, Lub Oil Drain EA 52 $10,721.88 $10,715.12 $11,092.64 $11,735.88 $12,294.88 19 Imported Items Sensor, Oxygen EA 40 $15,084.00 $15,075.20 $15,606.00 $16,511.20 $17,298.00 20 Imported Items Harness, Wiring EA 44 $9,605.64 $9,599.48 $9,937.84 $10,514.24 $11,015.40 21 Imported Items Kit, Spark Plug EA 5175 $209,639.25 $209,484.00 $219,264.75 $229,459.50 $240,430.50 22 Imported Items Harness, ETR CNT EA 23 $56,104.13 $56,071.93 $56,810.46 $61,412.07 $64,338.59 23 Imported Items Harness, ETR CNT MDL WRG EA 12 $22,453.44 $22,440.60 $22,736.16 $24,577.80 $25,749.00 24 Imported Items Valve, Pressure Regulator EA 25 $25,092.75 $25,078.25 $25,682.00 $27,467.00 $28,775.75 25 Imported Items Sensor, Mass Flow EA 6 $8,981.40 $8,957.70 $9,075.72 $9,810.84 $10,278.36 26 Imported Items Coil, Ignition EA 460 $93,817.00 $93,761.80 $97,064.60 $102,695.00 $109,705.40 27 Imported Items Extension, Ignition Coil EA 345 $39,926.85 $39,902.70 $41,310.30 $43,704.60 $45,788.40 28 Imported Items Kit, Overhaul EA 30 $102,345.60 $102,287.40 $102,543.90 $112,029.00 $119,679.90 29 Imported Items Module, Electronic Control EA 21 $107,299.50 $107,238.18 $98,677.11 $117,451.32 $123,048.24 30 Imported Items Belt, Tensioner EA 23 $3,546.83 $3,579.95 $3,705.99 $3,921.04 $4,107.80 31 Imported Items Belt, V Ribbed Serpentine EA 161 $10,551.94 $10,543.89 $11,036.55 $11,550.14 $12,100.76 32 Imported Items Thermostat EA 86 $8,114.10 $8,188.92 $8,570.76 $8,968.94 $9,396.36 33 Imported Items Kit, Water Pump EA 81 $18,771.75 $18,945.90 $19,613.34 $20,751.39 $21,739.59 34 Imported Items Module, Catalyst EA 7 $32,010.37 $31,992.10 $32,072.32 $35,038.99 $36,708.70 35 Imported Items Kit, Turbocharger EA 5 $11,956.55 $11,949.70 $12,107.15 $13,087.80 $13,711.45 36 Imported Items Kit, EXH RCN Valve EA 9 $7,086.78 $7,152.84 $7,325.01 $7,834.14 $8,207.46 37 Imported Items Head, Cylinder EA 35 $176,039.85 $175,939.05 $176,380.05 $192,695.30 $205,855.30 38 Imported Items Kit, Air Compressor EA 39 $146,269.50 $147,633.33 $148,003.44 $161,693.61 $169,398.84 39 Imported Items Module, Electronic Control EA 21 $67,470.27 $57,767.85 $57,912.75 $63,269.64 $66,284.61 40 Imported Items Filter Oil EA 1208 $36,082.96 $47,426.08 $44,079.92 $34,524.64 $68,916.40 41 Imported Items Filter- Coolant Spin On EA 1208 $23,096.96 $30,344.96 $26,986.72 $22,094.32 $44,104.08 42 Imported Items Hydraulic Filter EA 391 $4,070.31 $5,352.79 $4,875.77 $3,898.27 $7,776.99 43 Imported Items CNG Filter EA 391 $16,707.43 $21,958.56 $20,758.19 $15,987.99 $31,917.33 Subtotal $1,608,463.72 $1,622,035.76 $1,626,521.44 $1,739,881.54 $1,904,684.11 Total $1,608,463.72 $1,622,035.76 $1,626,521.44 $1,739,881.54 $1,904,684.11 Unit Price
Item Num Section Item Code Description Reference Unit of Measure Quantity Cummins Sales and Service Rush Truck Centers RWC Group Harbor Diesel & Equipment, Inc. Los Angeles Truck Centers, LLC 1 Imported Items Belt, V Ribbed Serpentine EA 81 $65.80 $66.42 $69.51 $72.74 $63.98 2 Imported Items Valve, Air Control EA 10 $982.40 $981.84 $1,005.47 $1,075.35 $1,126.60 3 Imported Items Set, Main Bearing EA 29 $261.44 $263.88 $273.17 $289.02 $302.79 4 Imported Items Housing, Breather EA 32 $78.90 $79.63 $83.34 $87.22 $91.37 5 Imported Items Kit, Exhaust Recirculation Cooler EA 40 $1,696.78 $1,695.81 $1,718.15 $1,857.32 $1,984.16 6 Imported Items Sensor, Temperature EA 8 $296.75 $296.58 $307.02 $324.83 $340.31 7 Imported Items Sensor, PRS Temperature EA 12 $331.07 $330.88 $342.53 $362.40 $379.67 8 Imported Items Actuator, Throttle EA 46 $703.81 $703.40 $720.33 $770.40 $807.11 9 Imported Items Cover, Valve EA 14 $264.12 $264.27 $273.26 $289.11 $302.89 10 Imported Items Module, Catalyst EA 7 $8,476.63 $8,471.78 $8,493.02 $9,278.63 $9,720.77 11 Imported Items Sensor, Pressure EA 35 $426.81 $426.56 $441.58 $467.19 $489.45 12 Imported Items Pulley, Idler EA 35 $180.29 $154.64 $160.09 $169.37 $177.44 13 Imported Items Valve Fuel Flow EA 8 $1,863.05 $1,642.92 $1,886.51 $2,039.32 $2,179.23 14 Imported Items Module Ignition Control EA 35 $2,354.49 $2,353.14 $2,384.14 $2,577.25 $2,700.07 15 Imported Items Tube, Oil Filter EA 23 $279.84 $279.67 $289.52 $306.31 $320.91 16 Imported Items Belt, Tensioner EA 14 $133.89 $135.13 $139.89 $148.01 $155.06 17 Imported Items Kit, Turbocharger EA 5 $4,771.62 $4,708.93 $3,420.17 $5,157.41 $5,403.17 18 Imported Items Tube, Lub Oil Drain EA 52 $206.19 $206.06 $213.32 $225.69 $236.44 19 Imported Items Sensor, Oxygen EA 40 $377.10 $376.88 $390.15 $412.78 $432.45 20 Imported Items Harness, Wiring EA 44 $218.31 $218.17 $225.86 $238.96 $250.35 21 Imported Items Kit, Spark Plug EA 5175 $40.51 $40.48 $42.37 $44.34 $46.46 22 Imported Items Harness, ETR CNT EA 23 $2,439.31 $2,437.91 $2,470.02 $2,670.09 $2,797.33 23 Imported Items Harness, ETR CNT MDL WRG EA 12 $1,871.12 $1,870.05 $1,894.68 $2,048.15 $2,145.75 24 Imported Items Valve, Pressure Regulator EA 25 $1,003.71 $1,003.13 $1,027.28 $1,098.68 $1,151.03 25 Imported Items Sensor, Mass Flow EA 6 $1,496.90 $1,492.95 $1,512.62 $1,635.14 $1,713.06 26 Imported Items Coil, Ignition EA 460 $203.95 $203.83 $211.01 $223.25 $238.49 27 Imported Items Extension, Ignition Coil EA 345 $115.73 $115.66 $119.74 $126.68 $132.72 28 Imported Items Kit, Overhaul EA 30 $3,411.52 $3,409.58 $3,418.13 $3,734.30 $3,989.33 29 Imported Items Module, Electronic Control EA 21 $5,109.50 $5,106.58 $4,698.91 $5,592.92 $5,859.44 30 Imported Items Belt, Tensioner EA 23 $154.21 $155.65 $161.13 $170.48 $178.60 31 Imported Items Belt, V Ribbed Serpentine EA 161 $65.54 $65.49 $68.55 $71.74 $75.16 32 Imported Items Thermostat EA 86 $94.35 $95.22 $99.66 $104.29 $109.26 33 Imported Items Kit, Water Pump EA 81 $231.75 $233.90 $242.14 $256.19 $268.39 34 Imported Items Module, Catalyst EA 7 $4,572.91 $4,570.30 $4,581.76 $5,005.57 $5,244.10 35 Imported Items Kit, Turbocharger EA 5 $2,391.31 $2,389.94 $2,421.43 $2,617.56 $2,742.29 36 Imported Items Kit, EXH RCN Valve EA 9 $787.42 $794.76 $813.89 $870.46 $911.94 37 Imported Items Head, Cylinder EA 35 $5,029.71 $5,026.83 $5,039.43 $5,505.58 $5,881.58 38 Imported Items Kit, Air Compressor EA 39 $3,750.50 $3,785.47 $3,794.96 $4,145.99 $4,343.56 39 Imported Items Module, Electronic Control EA 21 $3,212.87 $2,750.85 $2,757.75 $3,012.84 $3,156.41 40 Imported Items Filter Oil EA 1208 $29.87 $39.26 $36.49 $28.58 $57.05 41 Imported Items Filter- Coolant Spin On EA 1208 $19.12 $25.12 $22.34 $18.29 $36.51 42 Imported Items Hydraulic Filter EA 391 $10.41 $13.69 $12.47 $9.97 $19.89 43 Imported Items CNG Filter EA 391 $42.73 $56.16 $53.09 $40.89 $81.63 56 ATTACHMENT 2
City of Torrance | Finance Department, Purchasing Division | (310) 618-5820 | [email protected] Procurement Request - Revised 11/04/23
PROCUREMENT REQUEST FORM
Finance Department, Purchasing Division
Purchase Information
PRF#: 32715 Department: Transit Project Manager: Caballero, Ana Purchase Type: Bid Category: Commodity
Est. Annual Expenditure: Prior PO or Contract # (if any): Anticipated Dates:
Start
Start
Over $250K 2024-00000703 Start: 2/5/2025 End: 2/4/2028 Quote Amt: Proposed Vendor:
Project Title: New & Remanufactured OEM Cummins Bus Engines & Parts Description Summary: Justification for purchase / Timing Considerations / Impact if not approved / Analysis of bid or RFP.
The division is looking for a vendor to provide new and remanufactured OEM Cummins engines (8.3 ISC, 8.9 ISL, & 8.9 ISL-G CM2180A) and parts on an as requested basis. Term: 02/05/25-02/04/28 Annual Expenditure:
$590,000.00 / PO NTE $1,770,000.00 Please attach FTA clauses.
Exception (if applicable): N/A
Exception Description (if applicable):
57 ATTACHMENT 3
City of Torrance | Finance Department, Purchasing Division | (310) 618-5820 | [email protected] Procurement Request Form - Revised 11/04/23
Approvals
Project Manager
•I certify that I do not and will not have conflict of interest, personal or organizational, real or apparent in participating in this procurement.
Action: Caballero, Ana Approve on 12/16/2024 14:7:27
Comments:
Department Manager
•I certify that I do not and will not have conflict of interest, personal or organizational, real or apparent in participating in this procurement.
Action: Estrada, Art Approve on 12/17/2024 18:49:58
Comments:
Department Director
Action: Offoegbu, Godfrey Approve on 12/20/2024 9:29:44 Comments: Godfrey Offoegbu, For Kim Turner
IT Manager
Action: N/A
Comments:
Purchasing
Action: Benjamin, Turquoise Approve on 1/7/2025 15:55:5 Comments:
Finance Approver
Action: Pham, Joseph Approve on 1/8/2025 16:45:31
Comments:
58