HomeMy WebLinkAbout2015-12-08 - AGENDA REPORTS - PURCHASE OF FOUR DIAL-A-RIDES (2)Agenda Item: 10
CITY OF SANTA CLARITA
Q) AGENDA REPORT
CONSENT CALENDAR
i,
CITY MANAGER APPROVAL: 1 j=�
DATE: December 8, 2015
SUBJECT: AUTHORIZE THE PURCHASE OF FOUR COMPRESSED
NATURAL GAS DIAL -A -RIDE VEHICLES USING THE
STATEWIDE CONTRACT NEGOTIATED BY THE CALIFORNIA
ASSOCIATION FOR COORDINATED TRANSPORTATION
DEPARTMENT: Administrative Services
PRESENTER: Adrian Aguilar
RECOMMENDED ACTION
City Council:
1. Waive the formal bid process and authorize the City Manager or designee to execute the
assignment agreement for the purchase of four (4) CNG -powered Dial -A -Ride vehicles using
the statewide contract negotiated by the California Association for Coordinated
Transportation (CalACT).
2. Authorize the City Manager or designee to execute an agreement with A to Z Bus Sales for
the purchase of four (4) CNG -powered Dial -A -Ride vehicles for a total amount not to exceed
$679,560.
BACKGROUND
The City of Santa Clarita (City) Dial -A -Ride fleet consists of 13 Compressed Natural Gas (CNG)
and 8 gasoline -powered cutaway buses. These medium -duty buses have a useful life of seven
years or 200,000 miles. Of the 21 vehicles in the City's Dial -A -Ride fleet, 4 of the
gasoline -powered buses have reached the end of their useful life and are scheduled for
replacement. If approved, this request would allow the City to replace these aging vehicles with
clean -burning CNG vehicles.
In lieu of issuing a Request for Proposal (RFP), which can take up to six months, staff
recommends that the City Council authorize the purchase of the requested vehicles using the
California Association for Coordinated Transportation (CalACT) negotiated statewide contract
with A to Z Bus Sales. By assuming the options available through this contract, the City realizes
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considerable time and cost savings.
The negotiated price that the City would pay will be based upon the statewide procurement of
vehicles and not just on a volume discount of the four vehicles we are requesting. To ensure this
approach is in the best interest of the City, staff conducted a price analysis that reflected the
proposed costs were in line with industry standards. Due to the cost and time -saving benefits of
this approach, the use of purchase options is prevalent within the transit industry and accepted by
the Federal Transit Administration.
ALTERNATIVE ACTION
1. Direct staff to issue a Request for Proposal for the procurement of four CNG vehicles.
2. Other action as determined by the City Council.
FISCAL IMPACT
There is no impact to the general fund with this procurement. The City has programmed Federal
5307 transit grant funds to cover 80% of the total contractual cost of the buses, and the remaining
20% required local match will come from the Transit Fund balance. All required funds are
programmed in the FY 2015-16 budget.
ATTACHMENTS
CalAct RFP 1103 093011 (available in the City Clerk's Reading File)
A -Z Bus Sales Inc _11-03_Signed_Contract (available in the City Clerk's Reading File)
AZ and CBS Option Year 2015 signed extensions (available in the City Clerk's Reading File)
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Request for Proposal
rM
TA
ELI; •
CaIACT/MBTA
For Development of a Local Government Purchasing Schedule
Accessible Transit/Paratransit Vehicles
RFP No. 11-03
September 30, 2011
Contents
SECTION 1: NOTICE OF REQUEST FOR PROPOSALS................................................................................... 7
NR 1. Purpose of the Procurement and Period of Performance.................................................................... 7
NR 2. Description of the Work to be Done................................................................................................... 7
NR 3. Proposal Due Date and Submittal Requirements............................................................................... 7
NR4. Validity of Proposals.......................................................................................................................... 8
NR 5. Pre -Proposal Meeting Information..................................................................................................... 8
SECTION 2: INSTRUCTIONS TO PROPOSERS................................................................................................9
IP1. Estimated Quantities.............................................................................................................................
9
IP 2. Proposed Schedule for the Procurement...............................................................................................
9
IP 3. Obtaining Proposal Documents............................................................................................................
9
IP 4. Proposal Security Requirements - None..............................................................................................
9
IP 5. Pre -Proposal Meeting/Information for Proposers.................................................................................
9
IP 6. Questions, Clarifications and Omissions............................................................................................10
IP7. Addenda to RFP.................................................................................................................................10
IP 8. DBE Requirements for Transit Vehicle Manufacturers.....................................................................11
IP 9. Conditions, Exceptions, Reservations or Understandings..................................................................11
IP10. Protest Procedures............................................................................................................................11
IP10.1 Address....................................................................................................................................11
IP10.2 Pre -Proposal Protests...............................................................................................................12
IP 10.3 Protests on the Recommended Award.....................................................................................12
IP10.4 FTA Review.............................................................................................................................12
IP 11. Preparation of Proposals...................................................................................................................12
IP11.1 Use of Proposal Forms.............................................................................................................12
IP 11.2 Alternate and Multiple Proposals.............................................................................................13
IP 11.3 Proposal Format Requirements................................................................................................13
IP 11.4 Agency Treatment of Proprietary/Confidential Information...................................................15
IP 11.5 Signing of Proposal Forms.......................................................................................................15
IP 11.6 Modification or Withdrawal of Proposals................................................................................15
IP 11.7 Cost of Proposal Development................................................................................................16
IP 12. Proposal Evaluation, Negotiation and Selection..............................................................................16
IP 12.1 Confidentiality of Proposals....................................................................................................16
IP 12.2 Duration of the Validity of Proposals......................................................................................16
IP 12.3 Evaluation Committee.............................................................................................................17
IP 12.4 Proposal Selection Process......................................................................................................17
IP 12.5 Evaluation Procedures.............................................................................................................19
IP 12.6 Evaluations of Competitive Proposals.....................................................................................20
IP13. Response to Proposals......................................................................................................................22
IP 13.1 Single Proposal Response........................................................................................................22
IP 13.2 Availability of Funds...............................................................................................................
22
IP 13.3 Agency Contract Approval Process.........................................................................................22
IP13.4 Agency Rights..........................................................................................................................
22
IP 13.5 Execution of Contract..............................................................................................................23
IP 14. Conflicts of Interests and Gratuities.................................................................................................23
IP15. Agency -Specific Provisions.............................................................................................................
23
IP 15.1 Purpose of the Solicitation.......................................................................................................23
IP 15.2 Roles of the Parties for this Solicitation...................................................................................23
2
SECTION 3: GENERAL CONDITIONS...............................................................................................................24
GC1. Definitions........................................................................................................................................24
39
GC 2. Materials and Workmanship.............................................................................................................26
GC 3. Conformance with Specifications and Drawings.............................................................................26
GC 4. Inspection, Testing and Acceptance.................................................................................................26
GC4.1 General.....................................................................................................................................
26
GC4.2 Risk of Loss.............................................................................................................................
27
GC 5. Title and Warranty of Title...............................................................................................................27
GC 6. Intellectual Property Warranty.........................................................................................................27
GC7. Data Rights.......................................................................................................................................
27
GC 7.1 Proprietary Rights/Rights in Data............................................................................................
27
GC 7.2 Access to Onboard Operational Data.......................................................................................
28
GC8. Changes............................................................................................................................................28
GC8.1 Contractor Changes..................................................................................................................28
GC8.2 Agency Changes......................................................................................................................
28
GC9. Legal Clauses...................................................................................................................................
29
GC9.1 Indemnification........................................................................................................................29
GC9.2 Suspension of Work.................................................................................................................29
GC 9.3 Excusable Delays/Force Majeure.............................................................................................30
GC9.4 Termination..............................................................................................................................
31
GC 9.5 Compliance with Laws and Regulations..................................................................................33
GC9.6 Changes of Law.......................................................................................................................
33
GC 9.7 Governing Law and Choice of Forum.....................................................................................
33
GC9.8 Disputes...................................................................................................................................34
GC 9.9 Maintenance of Records; Access by Agency; Right to Audit Records ...................................
34
GC 9.10 Confidential Information.......................................................................................................
35
GC 9.11 Conflicts of Interest, Gratuities..............................................................................................36
GC 9.12 General Nondiscrimination Clause........................................................................................36
GC 9.13 Amendment and Waiver........................................................................................................37
GC 9.14 Remedies not Exclusive.........................................................................................................37
GC9.15 Counterparts...........................................................................................................................37
GC9.16 Severability............................................................................................................................37
GC 9.17 Third -Party Beneficiaries.......................................................................................................37
GC 9.18 Assignment of Contract.........................................................................................................37
GC9.19 Independent Parties................................................................................................................38
GC9.20 Survival..................................................................................................................................38
GC 10. Agency -Specific Provisions - Reserved.........................................................................................38
SECTION 4: SPECIAL PROVISIONS..................................................................................................................39
SP 1. Authorization to Use the Local Government Purchasing Schedule ..................................................
39
SP2. Assignability......................................................................................................................................39
SP3. Period of Performance.......................................................................................................................39
SP4. Procurement Fee................................................................................................................................39
SP5. Pricing................................................................................................................................................40
SP5.1 Price Protection.........................................................................................................................40
SP 5.2 Price Validity for the Initial Contract Term..............................................................................40
SP 5.3 Vehicle and Optional Feature Pricing for Option Periods........................................................40
SP5.4 Prohibitions...............................................................................................................................40
SP5.5 Price Adjustments.....................................................................................................................41
SP6. Ordering Procedures..........................................................................................................................41
3
SP 7. Inspection, Testing, Acceptance and Repairs....................................................................................42
SP 7.1 First Article Inspection..............................................................................................................
42
SP7.2 Pre -Delivery Tests.....................................................................................................................42
SP7.3 Service Prior to Delivery...........................................................................................................42
49
SP 7.4 Delivery Inspection, Post -Delivery Tests and Acceptance.......................................................43
49
SP 7.5 Documentation and Deliverables Per Bus Order......................................................................
43
SP 7.6 Repairs after Non-Acceptance..................................................................................................44
SP 7.7 Orientation with Delivery.........................................................................................................
44
SP8. Registration of Vehicles....................................................................................................................44
51
SP9. Payment.............................................................................................................................................44
52
SP9.1 Invoices.....................................................................................................................................45
SP9.2 Payment of Taxes......................................................................................................................45
53
SP10. Delivery Schedule...........................................................................................................................
45
SP 11. Liquidated Damages for Late Delivery of the Bus..........................................................................
45
SP12. Service and Parts.............................................................................................................................46
SP 12.1 Contractor Service and Parts Support .....................................................................................46
SP 12.2 Parts Availability Guarantee...................................................................................................46
55
SP 13. Federal Motor Vehicle Safety Standards(FMVSS)........................................................................47
SP 14. Motor Vehicle Pollution Requirements...........................................................................................47
55
SP15. Insurance..........................................................................................................................................47
SP 16. Buy America Post -Delivery Audit..................................................................................................
48
SP17. Interchangeability............................................................................................................................48
SP18. New Technology.............................................................................................................................
48
SECTION 5: FEDERAL REQUIREMENTS........................................................................................................49
FR1. Access to Records.............................................................................................................................49
FR1.1 Local Governments...................................................................................................................49
FR1.2 State Governments....................................................................................................................
49
FR 2. Federal Funding, Incorporation of FTA Terms and Federal Changes ..............................................
49
FR 3. Federal Energy Conservation Requirements.....................................................................................50
FR4. Civil Rights Requirements................................................................................................................50
FR 5. No Government Obligation to Third Parties.....................................................................................
51
FR 6. Program Fraud and False or Fraudulent Statements or Related Acts ................................................
51
FR 7. Suspension and Debarment...............................................................................................................
52
FR 8. Disadvantaged Business Enterprise (DBE).......................................................................................52
FR 9. Clean Water Requirements...............................................................................................................
53
FR10. Clean Air Requirements..................................................................................................................
53
FR 11. Compliance with Federal Lobbying Policy.....................................................................................
53
FR12. Buy America...................................................................................................................................54
FR 13. Testing of New Bus Models............................................................................................................54
FR 14. Pre -Award and Post -Delivery Audits..............................................................................................
55
FR15. Cargo Preference.............................................................................................................................55
FR16. Fly America.....................................................................................................................................
55
FR 17. Contract Work Hours and Safety Standards Act.............................................................................56
FR18. ADA Access....................................................................................................................................56
SECTION 6: TECHNICAL SPECIFICATIONS...................................................................................................58
TSLGENERAL........................................................................................................................................ 58
SECTION 7: WARRANTY REQUIREMENTS...................................................................................................59
U
WR1. Basic Provisions..............................................................................................................................59
WR 1.1 Warranty Requirements..........................................................................................................59
WR1.2 Voiding of Warranty...............................................................................................................60
WR 1.3 Exceptions and Additions to Warranty...................................................................................60
WR1.4 Fleet Defects...........................................................................................................................
61
WR2. Repair Procedures............................................................................................................................62
WR2.1 Repair Performance.................................................................................................................62
WR 2.2 Repairs by the Contractor.......................................................................................................
62
WR2.3 Repairs by the Agency............................................................................................................
62
WR 2.4 Warranty after Replacement/Repairs......................................................................................63
WR2.5 Forms......................................................................................................................................
64
WR2.6 Return of Parts........................................................................................................................
64
WR2.7 Timeframe...............................................................................................................................65
WR2.8 Reimbursements......................................................................................................................65
SECTION 8: QUALITY ASSURANCE.................................................................................................................66
QA 1. Contractor's In -Plant Quality Assurance Requirements..................................................................
66
QA 1.1 Quality Assurance Organization..............................................................................................66
QA 1.2 Quality Assurance Organization Functions.............................................................................66
QA2. Inspection.........................................................................................................................................68
QA2.1 Inspection Stations...................................................................................................................68
QA 2.2 Optional Resident Inspectors...................................................................................................
69
QA3. Acceptance Tests..............................................................................................................................70
QA3.1 Responsibility..........................................................................................................................70
QA3.2 Pre -Delivery Tests...................................................................................................................
70
QA 4. Agency -Specific Requirements........................................................................................................71
QA 4.1 Pre -Delivery Bus Documentation Package (BDP)..................................................................
71
SECTION 9: FORMS AND CERTIFICATIONS..................................................................................................73
CER1. Proposer's Checklist..................................................................................................................73
CER 2. Request for Pre -Offer Change or Approved Equal....................................................................
74
CER 3. Acknowledgement of Addenda.................................................................................................
75
CER 4. Contractor Service and Parts Support Data...............................................................................76
CER5. Pricing Schedule........................................................................................................................77
CER 6. Pre -Award Evaluation Data Form.............................................................................................
78
CER 7. Federal Certifications and Other Certifications.........................................................................
79
CER 1.1 Buy America Certification.....................................................................................................
79
CER 1.2 Debarment and Suspension Certification for Prospective Contractor...................................80
CER 1.3 Debarment and Suspension Certification (Lower -Tier Covered Transaction) ......................
81
CER 1.4 Non -Collusion Affidavit........................................................................................................
82
CER 1.5 Lobbying Certification...........................................................................................................83
CER 1.6 Certificate of Compliance with Bus Testing Requirement....................................................
84
CER 1.7 DBE Approval Certification..................................................................................................85
CER 1.8 Federal Motor Vehicle Safety Standards...............................................................................86
CER1.9 Proposal Form........................................................................................................................
87
CER1.10 Notice of Award..................................................................................................................
88
CER 8. Vehicle Questionnaire...............................................................................................................89
SECTION 10: CONTRACT....................................................................................................................................90
Attachment 1 - Local Government Purchasing Schedule........................................................................... 92
5
SECTION 11: APPENDIXES................................................................................................................................93
Appendix A-1: Cutaway Specifications.....................................................................................................93
Appendix A-2 - Minivan Specifications.....................................................................................................94
Appendix A-3 - Large Cutaway Specifications..........................................................................................95
Appendix A-4 — Low Floor Cutaway Specifications..................................................................................
96
Appendix B: Visual Inspection and Road Test Forms................................................................................97
Appendix C, CalTrans Vehicle Inspecation Report ..................................................................................
101
AppendixD, References...........................................................................................................................104
Appendix E, Abbreviation and Acronyms................................................................................................
106
6
Request for Proposal
September 30, 2011
RFP No. 11-03
SECTION 1: NOTICE OF REQUEST FOR PROPOSALS
NR 1. Purpose of the Procurement and Period of Performance
The purpose of this procurement is to establish a Local Government Purchasing Schedule for
Accessible Transit/Paratransit Vehicles. The Morongo Basin Transit Authority ("MBTA" or
"Agency") a member of the California Association for Coordinated Transportation ("CalACT")
is the lead agency for the solicitation. Following contract award, CalACT shall provide all
contract administration activities. However, the resulting Contract may only be modified or
amended by written action of MBTA.
The initial period of performance shall be two years. The MBTA shall have the right to extend
the period of performance for two (2) one-year options under the provisions of SP 3.
NR 2. Description of the Work to be Done
The Agency requests Proposals for the manufacture and delivery of accessible transit/paratransit
vehicles under a Local Government Purchasing Schedule in accordance with the terms and
conditions set forth in RFP No. 11-03. The Contract for each order placed using this Schedule
shall be a firm -fixed price Contract.
Specifically, the Agency is requesting proposals and pricing for the following types of buses:
Cutaways, Minivans, Large Cutaway vehicles and Low Floor Cutaways.
NR 3. Proposal Due Date and Submittal Requirements
Proposals must be received by 11:30 a.m. on December 7, 2011
1. Sealed Proposals shall be "hand delivered" and submitted to following addresses:
Rutan & Tucker
General Counsel for Morongo Basin Transit Authority
611 Anton Boulevard, Suite 400
Costa Mesa, CA 92626
2. Envelopes or boxes containing Proposals shall be sealed and clearly labeled with the
Agency's Proposal number and the solicitation title: RFP No. 11-03, Development of a
Local Government Purchasing Schedule for Accessible Transit/Paratransit Vehicles.
3. Proposers are requested to submit to the Agency one hard copy marked "Original," two
additional printed copies, and three CDs, each containing an electronic PDF copy of the
Proposal. In case of any discrepancies, the hard copy shall be considered by the Agency
in evaluating the Proposal, and the electronic version is provided for the Agency's
administrative convenience only. A Proposal is deemed to be late if it is received by the
Agency after the deadline stated above. Proposals received after the submission deadline
shall be rejected.
Request for Proposal
September 30, 2011
RFP No. 11-03
NR 4. Validity of Proposals
Proposals and subsequent offers shall be valid for a period of one hundred twenty (120) days.
NR 5. Pre -Proposal Meeting Information
A Pre -Proposal Meeting shall be held on October 13, 2011. The meeting shall convene at 10:00
a.m. in the Valley Transportation CTSA's conference room, located at 229 W. Foothill Blvd,
Suite 202, Upland CA 91786.
Prospective Proposers are requested to submit written questions to the Contract administrator,
identified below, in advance of the Pre -Proposal Meeting. In addition, questions may be
submitted up to the date specified in "Proposed Schedule for the Procurement." Responses shall
be shared with all prospective proposers. Prospective Proposers are reminded that any changes to
the RFP shall be by written addenda only, and nothing stated at the Pre -Proposal Meeting shall
change or qualify in any way any of the provisions in the RFP and shall not be binding on the
Agency.
Pre -Contract Contracting Officer's Contact Information:
Name: Mr. Joe Meer
Title: General Manager
Address: 62504 Verbena Road, Joshua Tree, CA 92252
Phone number: 760-366-2986
E-mail: joe@mbtabus.com
Fax number: 760-366-2445
Identification of Source of Funding
Financial support of this project is provided through financial assistance grants from the Federal
Transit Administration (FTA), and/or the State of California, California Department of
Transportation (CalTrans) and other sources of local and state public funding.
Signed and Dated for Posting
Signature/Title Date
Request for Proposal
September 30, 2011
RFP No. 11-03
SECTION 2: INSTRUCTIONS TO PROPOSERS
IP 1. Estimated Quantities
The Work under these Contract documents consists of the development of a Local Government
Purchasing Schedule for the manufacture and delivery of accessible transit/paratransit vehicles
which may be ordered by members of CalACT. Individual orders may include optional
features, spare parts, training materials and manuals.
The minimum and maximum quantities established for each year of this contract are:
Minimum per year 5
Maximum per year 500
These figures represent the foreseeable needs of Agencies within the State of California. Neither
MBTA nor CalACT guarantee any minimum purchase. Orders shall be placed on an as -needed
basis. Estimated quantities are informational and not to be construed as a warranty of accuracy of
historical or anticipated volumes or a guarantee to purchase any amount.
IP 2. Proposed Schedule for the Procurement
The following is the solicitation schedule for proposers:
• Pre -Proposal Meeting: October 13, 2011 at 10:00 a.m.
• Proposer communications and requests: October 31, 2011 at 4:00 p.m.
• Responses to Proposer's communications and/or Agency addenda: November 14, 2011
at 4:00 p.m.
• Proposal Due Date: December 7, 2011 at 11:30 a.m.
IP 3. Obtaining Proposal Documents
Proposal documents may be obtained from Morongo Basin Transit Authority, in person at 62405
Verbena Road, Joshua Tree, CA 92252 or electronically at www. mbtabus.com or at
www.calact.org. Documents requested by mail shall be packaged and sent postage paid.
Documents requested by courier shall be packaged and sent only at the Proposers' expense.
IP 4. Proposal Security Requirements — None
IP 5. Pre -Proposal Meeting/Information for Proposers
A Pre -Proposal Meeting shall be held on Thursday, October 13, 2011. The meeting shall
convene at 10:00 a.m. in the Valley Transportation CTSA's conference room, located at 229 W.
Foothill Blvd, Suite 202, Upland CA 91786. Prospective Proposers are urged to make every
effort to attend this meeting.
Request for Proposal
September 30, 2011
RFP No. 11-03
Prospective Proposers are requested to submit written questions to the Contracting Officer,
identified above, in advance of the Pre -Proposal Meeting. In addition, questions may be
submitted up to the date specified in "Proposed Schedule for the Procurement." Responses shall
be shared with all prospective Proposers. Prospective Proposers are reminded that any changes to
the RFP shall be by written addenda only, and nothing stated at the Pre -Proposal Meeting shall
change or qualify in any way any of the provisions in the RFP and shall not be binding on the
Agency.
IP 6. Questions, Clarifications and Omissions
All correspondence, communication and contact in regard to any aspect of this solicitation or
offers shall be only with the Contracting Officer identified above. Unless otherwise instructed by
the Contracting Officer, proposers and their representatives shall not make any contact with or
communicate with any member of the Agency, or its employees and consultants, other than the
designated Contracting Officer, in regard to any aspect of this solicitation or offers.
At any time during this procurement up to the time specified in "Proposed Schedule for the
Procurement," Proposers may request, in writing, a clarification or interpretation of any aspect, a
change to any requirement of the RFP, or any addenda to the RFP. Requests may include
suggested substitutes for specified items and for any brand names, which whenever used in this
solicitation shall mean the brand name or approved equal. Such written requests shall be made to
the Contracting Officer. The Proposer making the request shall be responsible for its proper
delivery to the Agency as identified on the form Request for Pre -Offer Change or Approved
Equal. Any request for a change to any requirement of the Contract documents must be fully
supported with technical data, test results or other pertinent information showing evidence that
the exception shall result in a condition equal to or better than that required by the RFP, without
a substantial increase in cost or time requirements.
All responses to Request for Pre -Offer Change or Approved Equal shall be provided to all
proposers. Any response that is not confirmed by a written addendum shall not be official or
binding on the Agency.
If it should appear to a prospective Proposer that the performance of the Work under the
Contract, or any of the matters relating thereto, is not sufficiently described or explained in the
RFP or Contract documents, or that any conflict or discrepancy exists between different parts of
the Contract or with any federal, state, local or Agency law, ordinance, rule, regulation or other
standard or requirement, then the proposer shall submit a written request for clarification to the
Agency within the time period specified above.
IwdF."Uri 3i ilmNyi
The Agency reserves the right to amend the RFP at any time in accordance with "Proposed
Schedule for the Procurement." Any amendments to the RFP shall be described in written
addenda. Notification of or the addenda also shall be distributed to all such prospective
Proposers officially known to have received the RFP. Failure of any prospective proposer to
receive the notification or addenda shall not relieve the Proposer from any obligation under the
10
Request for Proposal
September 30, 2011
RFP No. 11-03
RFP therein. All addenda issued shall become part of the RFP. Prospective Proposers shall
acknowledge the receipt of each individual addendum in their Proposals on the form
Acknowledgement of Addenda. Failure to acknowledge in the Proposal receipt of addenda may
at the Agency's sole option disqualify the Proposal.
If the Agency determines that the addenda may require significant changes in the preparation of
Proposals, the deadline for submitting the Proposals may be postponed no less than ten (10) days
from the date of issuance of addenda or by the number of days that the Agency determines shall
allow Proposers sufficient time to revise their Proposals. Any new Due Date shall be included in
the addenda.
IP 8. DBE Requirements for Transit Vehicle Manufacturers
Pursuant to Title 49, Code of Federal Regulations, Part 26.49, the Vehicle Manufacturer, as a
condition of being authorized to respond to this solicitation, must certify by completing the form
DBE Approval Certification that it has on file with the Federal Transportation Administration
(FTA) an approved or not disapproved annual disadvantaged business enterprise (DBE)
subcontracting participation goal.
IP 9. Conditions, Exceptions, Reservations or Understandings
Proposers are cautioned to limit exceptions, conditions and limitations to the provisions of this
RFP, as they may be determined to be so fundamental as to cause rejection of the Proposal for
not responding to the requirements of the RFP.
IP 10. Protest Procedures
All protests must be in writing, stating the name and address of protestor, a contact person,
Contract number and title. Protests shall specify in detail the grounds of the protest and the facts
supporting the protest.
IP 10.1 Address
All protests must be addressed as follows:
Agency Contact: Mr. Joe Meer
For U.S. Mail, special delivery or hand delivery:
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
Protests not properly addressed to the address shown above may not be considered by the
Agency.
Copies of the Agency's protest procedures and the protest provisions of FTA Circular 4220.1F or
its successor may be obtained from Mr. Joe Meer, General Manager, Morongo Basin Transit
Authority, 62405 Verbena Road, Joshua Tree, CA 92252, 760-366-2986. Proposals shall be
11
Request for Proposal
September 30, 2011
RFP No. 11-03
opened and a Notice of Award shall be issued by the Agency in accordance with the Agency's
protest procedures and the protest provisions of FTA Circular 4220.1F or its successor.
IP 10.2 Pre -Proposal Protests
Pre -Proposal protests are protests based upon the content of the solicitation documents. Three
copies of Pre -Proposal protests must be received by the Agency's office no later than ten (10)
calendar days after the RFP is first advertised. Protests shall be considered and either denied or
sustained in part or in whole, in writing, in a manner that provides verification of receipt, prior to
the Due Date for Proposals. A written decision specifying the grounds for sustaining all or part
of or denying the protest shall be transmitted to the protestor prior to the Due Date for Proposals
in a manner than provides verification of receipt prior to the Due Date for Proposals. If the
protest is sustained, the Proposal Due Date may be postponed and an addendum issued to the
solicitation documents or, at the sole discretion of the Agency, the solicitation may be canceled.
If the protest is denied, Proposals shall be received and opened on the scheduled date unless a
protest is filed with FTA. See "FTA Review," below.
IP 10.3 Protests on the Recommended Award
All proposers shall be notified of the recommended award. This notice shall be transmitted to
each proposer at the address contained in its Proposal form in a manner that provides verification
of receipt. Any Proposer whose Proposal has not lapsed may protest the recommended award on
any ground not specified in "Pre -Proposal Protests," above. Three (3) copies of a full and
complete written statement specifying in detail the grounds of the protest and the facts
supporting the protest must be received by the Agency at the appropriate address in "Address,"
above, no later than fifteen (15) calendar days after the date such notification is received. Prior to
the issuing of the Notice of Award, a written decision stating the grounds for allowing or
denying the protest shall be transmitted to the protestor and the proposer recommended for award
in a manner that provides verification of receipt.
IP 10.4 FTA Review
After such administrative remedies have been exhausted, an interested parry may file a protest
with the Federal Transit Administration of the U.S. Department of Transportation or its designee
pursuant to the procedures provided in the FTA C 4220.1F or its successor. FTA review is
limited to the alleged failure of the Agency to have written protest procedures, the alleged failure
of the Agency to follow those procedures, the alleged failure of the Agency to review a protest or
the alleged violation of federal law or regulation.
IP 11. Preparation of Proposals
IP 11.1 Use of Proposal Forms
Proposers are advised that the forms contained in this RFP are required to be used for submission
of a Proposal.
12
Request for Proposal
September 30, 2011
RFP No. 11-03
IP 11.2 Alternate and Multiple Proposals
A Proposer may submit multiple proposals. However, each proposal may only contain
information for one vehicle. Proposers are expressly prohibited from submitting a single
proposal covering multiple vehicles.
IP 11.3 Proposal Format Requirements
Proposals shall be submitted in four separately sealed packages identified below. In this case, the
contents of Package 1, Package 3 and Package 4 may be "combined" into a single package and
can be placed in a single binder. Each package shall be marked as specified below and shall
contain all of the Proposal documents for which the package is required to be marked and shall
include no other documents. Package 2, Price Proposal Requirements, must be submitted
separately in a marked sealed package. These same requirements shall apply to any Best and
Final Offers (BAFOs) that may be requested.
Package 1: Technical Proposal Requirements
1. Letter of Transmittal
2. Acknowledgement of Addenda — CER 3
3. Contractor Service and Parts Support Data— CER 4. In addition, the Proposer should
include a description of support resources available for the proposed vehicles. Include an
overview of available training, parts locations and availability, help lines and service
assistance resources.
4. Vehicle Questionnaire — CER 9
5. Manufacturing facilities plant layout including a narrative or list of the work being done
at each station.
6. Typical delivery schedule from date of order placement
7. Warranty Provisions and Warranty Administration Plan. Each Proposer shall provide the
proposed warranty for their vehicle and the major components. This information shall be
submitted on the form provided for this purpose. In addition, the Proposer is to be submit
This should be a narrative on how warranties shall be handled, the forms, the process, etc.
8. Quality Assurance Procedures
Package 2: Price Proposal Requirements
Each Price Proposal shall be on the prescribed Proposal form(s) and shall be for the entire
Contract, including all Proposal items.
1. Letter of Transmittal
2. Pricing Schedule (including but not limited to such pricing elements as optional bus
features). Note: Subject to the provisions of SP 4, Pricing, the selected Contractors shall
agree to sell vehicle(s), including proposed optional equipment, at the same price and
under the terms and conditions of this Agreement from the time of contract award to the
expiration of the initial contract term. Contractors are prohibited from offering any parts
credits, rebates, etc. following Contract award.
3. Buy America Pre -Award compliance data (This information is to include a copy of the
electronic Bill of Materials showing all of the components of the "base vehicle." The Bill
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of Materials is to show the component manufacturer name, the cost of each component
and whether the item is foreign or meets Buy America requirements for being classified
as "domestic". Following the initial review, MBTA may require Buy America
certifications from component suppliers to be provided. In addition, the same
information is to be provided for all of the optional features. If the Proposer considers
this information to be Proprietary/Confidential, the data is to be included in Package 4.)
The Proposer is required to complete and execute the Agency's Pricing Schedule, contained as
part of the Proposal documents, and provide same in the Price Proposal. The Contractor shall be
liable for payment of all local taxes applicable to the complete bus as delivered and should add
these amounts to the Proposal price.
Package 3: Qualification Package Requirements
1. Pre -Award Evaluation Data Form - CER 6
2. If the Proposer is not the vehicle manufacturer, the Proposal must include a confirmation
from the vehicle manufacture that the Proposer is a bona -fide authorized factory dealer
for the manufacture of the vehicle.
3. A copy of the three (3) most recent financial statements of the Proposer audited by an
independent third parry or a statement from the Proposer regarding how financial
information may be reviewed by the Agency
4. Letter for insurance, indicating the manufacturer and the Contractor's ability to obtain the
insurance coverage in accordance with the RFP requirements
5. Proposal Form—CER 1.9
6. All Federal certifications: Buy America Certification, Debarment and Suspension
Certification for Prospective Contractor, Debarment and Suspension Certification
(Lower -Tier Covered Transaction), Non -Collusion Affidavit, Lobbying Certification,
Certificate of Compliance with Bus Testing Requirement, DBE Approval Certification,
and Federal Motor Vehicle Safety Standards. — CER 1.1-1.8
Package 4: Proprietary/Confidential Information Package Requirements
The Proposer is directed to collect and submit any information it deems to be proprietary or
confidential in nature in a separate marked and sealed package. If there is no confidential
information, then the Proposer should include a statement to that effect. Subject package shall be
submitted in accordance with the terms and conditions governing the submittal of proposer's
Proposal to this RFP. Blanket -type identification by designating whole pages or sections as
containing proprietary information, trade secrets or confidential commercial and financial
information shall not ensure confidentiality. The specific proprietary information, trade secrets or
confidential commercial and financial information must be clearly identified as such.
The Proposer is advised that the Agency is public and as such may be subject to certain state
and/or local Public Records Act provisions regarding the release of information concerning this
RFP. If a request is received by the Agency for the release of Proposer's propriety/confidential
information, subject request shall be referred to the Proposer for review and consideration. If
Proposer chooses to declare the information proprietary/confidential and withhold it from
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release, it shall defend and hold harmless the Agency from any legal action arising from such a
declaration.
IP 11.4 Agency Treatment of Proprietary/Confidential Information
Access to government records is governed by the laws of the State of California. Except as
otherwise required to be disclosed by applicable State law, the Agency shall exempt from
disclosure proprietary information identified in Package 4.
Upon a request for records from a third parry regarding this Proposal, the Agency shall notify the
Proposer in writing. The Proposer must respond within ten (10) business days with the
identification of any and all "proprietary, trade secret, or confidential commercial or financial"
information. Failure to respond within the allowed period shall be deemed an approval to release.
The proposer shall indemnify the Agency's defense costs associated with its refusal to produce
such identified information; otherwise, the requested information may be released.
The Agency shall employ sound business practices no less diligent than those used for the
Agency's own confidential information to protect the confidence of all licensed technology,
software, documentation, drawings, schematics, manuals, data and other information and
material provided by Proposers and the Contractor pursuant to the Contract that contain
confidential commercial or financial information, trade secrets or proprietary information as
defined in or pursuant to the California Law against disclosure of such information and material
to third parties, except as permitted by the Contract. The Contractor shall be responsible for
ensuring that confidential commercial or financial information, trade secrets or proprietary
information with such determinations to be made by the Agency in its sole discretion bears
appropriate notices relating to its confidential character.
IP 11.5 Signing of Proposal Forms
Proposals shall include firm name (and, in the event that the Proposer is a joint venture, the
names of the individual firms comprising the joint venture); business address; and the name, title
and business address of the responsible individual(s) with their telephone, facsimile (fax)
numbers and email address who may be contacted during the Proposal evaluation period for
scheduling oral presentations and for receiving notices from the Agency. The proposer shall
submit with their Proposal a copy of the joint venture agreement.
Proposals shall be signed by those individual(s) authorized to bind the proposer. The proposer
shall submit evidence of the official's authority to act for and bind the Proposer in all matters
relating to the Proposal. (In the event the Proposer is a joint venture or consortium, a
representative of each of the members of the joint venture or consortium shall execute the
Proposal. Each joint venture or consortium member is jointly and severally liable for the joint
venture or consortium.)
IP 11.6 Modification or Withdrawal of Proposals
A modification of a Proposal already received shall be accepted by the Agency only if the
modification is received prior to the Proposal Due Date, is specifically requested by the Agency,
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or is made with a requested BAFO. All modifications shall be made in writing and executed and
submitted in the same form and manner as the original Proposal.
A Proposer may withdraw a Proposal already received prior to the Proposal Due Date by
submitting to the Agency, in the same manner as the original Proposal, a written request for
withdrawal executed by the Proposer's authorized representative. After the Proposal Due Date,
Proposal may be withdrawn only if the Agency fails to award the Contract within the Proposal
validity period prescribed in "Duration of the Validity of Proposals," or any agreed-upon
extension thereof. The withdrawal of a Proposal does not prejudice the right of a Proposer to
submit another Proposal within the time set for receipt of Proposals.
IP 11.7 Cost of Proposal Development
This RFP does not commit the Agency to enter into a Contract, to pay any costs incurred in the
preparation or presentation of a Proposal, nor to procure or contract for the equipment.
IP 12. Proposal Evaluation, Negotiation and Selection
Proposals shall be evaluated, negotiated, selected and any award made in accordance with the
criteria and procedures described below. The approach and procedures are those that are
applicable to a competitive negotiated procurement whereby Proposals are evaluated to
determine which Proposals are within a Competitive Range. Discussions and negotiations may
then be carried out with Proposers within the Competitive Range, after which BAFOs may be
requested.
However, the Agency may select a Proposal or Proposals for award without any discussions
or negotiations or request for any BAEOs. Proposers are hereby notified that the selected
firms are expressly prohibited from offering any rebates, parts credits and any other price
discounts following contract award. Thus, the initial proposal should represent the "best offer."
Subject to the Agency's right to reject any or all Proposals, the Proposer or Proposers whose
Proposal or Proposals are found to be most advantageous to the Agency shall be selected, based
upon consideration of the criteria of "Proposal Selection Process," below.
IP 12.1 Confidentiality of Proposals
Proposals shall not be publicly opened. All Proposals and evaluations shall be kept strictly
confidential throughout the evaluation, negotiation and selection process, except as otherwise
required by applicable law. Only the members of the Selection Committee and Evaluation Team
and other Agency officials, employees and agents having a legitimate interest shall be provided
access to the Proposals and evaluation results during this period.
IP 12.2 Duration of the Validity of Proposals
Proposals and subsequent offers shall be valid for the period stated in "Section 1: Notice of
Request for Proposals." The Agency may request Proposers to extend the period of time
specified herein by written agreement between the Agency and the Proposers) concerned.
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IP 12.3 Evaluation Committee
An Evaluation Committee, which shall include officers, employees and agents of the Agency,
shall be established. The Evaluation Committee shall carry out the detailed evaluations,
including establishing the Competitive Range, carrying out negotiations and making the selection
of the Proposer, if any, that may be awarded the Contract.
The Evaluation Committee may report its recommendations and findings to the appropriate
Agency individual or body responsible for awarding the Contract.
IP 12.4 Proposal Selection Process
The following describes the process by which Proposals shall be evaluated and a selection made
for a potential award. Any such selection of a Proposal shall be made by consideration of only
the criteria set forth below.
"Qualification Requirements" specifies the requirements for determining responsible Proposers,
all of which must be met by a Proposer to be found qualified. Final determination of a Proposer's
qualification shall be made based upon all information received during the evaluation process
and as a condition for award.
"Proposal Evaluation Criteria" contains all the evaluation criteria, and their relative order of
importance, by which a Proposal from a qualified Proposer shall be considered for selection. An
award, if made, shall be to responsible Proposers) for a Proposal that is found to be in the
Agency's best interests, based on price and other evaluation criteria considered. The procedures
to be followed for these evaluations are provided in "Evaluation Procedures," below.
Qualification Requirements
The following are the requirements for qualifying responsible proposers. All of these
requirements should be met; therefore, they are not listed by any particular order of importance.
Any Proposal that the Evaluation Committee finds not to meet these requirements, and cannot be
made to meet these requirements, may be determined by the Evaluation Committee not to be
responsible and the Proposal rejected. The requirements are as follows:
1. Sufficient financial strength, resources and capability to finance the Work to be
performed and to complete the Contract in a satisfactory manner, as measured by the
following:
• Proposer's financial statements prepared in accordance with generally
accepted accounting principles of the jurisdiction in which the proposer is
located, and audited by an independent certified public accountant; or a
statement from the Proposer regarding how financial information may be
reviewed by the Agency.
• Proposer's ability to obtain required insurance with coverage values that meet
minimum requirements evidenced by a letter from an underwriter confirming
that the proposer can be insured for the required amount.
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2. Evidence that the human and physical resources are sufficient to perform the Contract as
specified and to ensure delivery of all equipment within the time specified in the
Contract, to include the following:
• Engineering, management and service organizations with sufficient personnel
and requisite disciplines, licenses, skills, experience and equipment to
complete the Contract as required and to satisfy any engineering or service
problems that may arise during the warranty period.
• Adequate manufacturing facilities sufficient to produce and factory -test
equipment on schedule.
• A spare parts procurement and distribution system sufficient to support
equipment maintenance without delays and a service organization with skills,
experience and equipment sufficient to perform all warranty and on-site
Work.
Evidence that proposer is qualified in accordance with the provisions of "Section 8:
Quality Assurance."
4. Evidence of satisfactory performance and integrity on contracts in making deliveries on
time, meeting specifications and warranty provisions, parts availability and steps
Proposer took to resolve any judgments, liens, Fleet Defects history or warranty claims.
Evidence shall be by client references.
Proposal Evaluation Criteria
The following are the complete criteria, listed by their relative degree of importance, by which
Proposals from responsible Proposers shall be evaluated and ranked for the purposes of
determining any Competitive Range and to make any selection of any Proposal for a potential
award. Any exceptions, conditions, reservations or understandings explicitly, fully and separately
stated on Form for Proposal Deviation, which do not cause the Agency to consider a Proposal to
be outside the Competitive Range, shall be evaluated according to the respective evaluation
criteria and sub -criteria that they affect.
PASS -FAIL ELEMENTS
Category
Scoring Method
Responsiveness requirements (Certificates and forms)
Pass/Fail
Vehicle Questionnaire (Products meets specifications)
Pass/Fail
POINT ALLOCATION
Category Scoring Method
NON -COST FACTORS (60%)
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Proposer Qualifications and Requirements:
Past Per information gathered through a
15 Points
survey of CalACT members
Quality Assurance Procedures
10 Points
Warranty Provisions and Warranty
IF
15 Points
Administration Plan
Customer Service and Parts Support
15 Points
Proposer and Manufacturer Qualifications and
IF
5 Points
11 Experience
Total Non -Cost Factor Points
60 Points
COST FACTORS (40%)
Price Sheet- Base Models
25 Points
Price Sheet- Option Features
15 Points
Total Cost Factor Points
40 Points
Total Possible Points
100 Points
As noted, pricing will be scored at of the basis of 40 points. The proposer's price score will be
calculated in the following manner:
Proposer Price Score = Lowest Price Proposed X Proposer's Price Points
Proposer's Cost
Under this formula, the proposer with the lowest proposed price for the base model vehicle will
receive 25 points. The other proposals will receive a proportionate share of points based on how
much higher their proposed price is in relationship to the low proposed price. This same formula
will be used to score the pricing for the option features.
IP 12.5 Evaluation Procedures
Proposals shall be analyzed for conformance with the instructions and requirements of the RFP
and Contract documents. Proposals that do not comply with these instructions and do not include
the required information may be rejected as insufficient or not be considered for the Competitive
Range. The Agency reserves the right to request that a Proposer provide any missing information
and make corrections. Proposers are advised that the detailed evaluation forms and procedures
shall follow the same Proposal format and organization specified in "Preparation of Proposals."
Therefore, Proposers should pay close attention to and strictly follow all instructions. Submittal
of a Proposal shall signify that the Proposer has accepted the whole of the Contract documents.
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Any such conditions, exceptions, reservations or understandings that do not result in the rejection
of the Proposal are subject to evaluation under the criteria set forth in "Proposal Selection
Process."
Evaluations shall be made in strict accordance with all of the evaluation criteria specified in
"Proposal Selection Process," above. The Agency shall choose the Proposal that it finds to be
most advantageous to the Agency, based upon the evaluation criteria.
IP 12.6 Evaluations of Competitive Proposals
Qualification of responsible Proposers. Proposals shall be evaluated to
determine the responsibility of proposers. A final determination of a
Proposer's responsibility shall be made upon the basis of initial
information submitted in the Proposal, any information submitted upon
request by the Agency, information submitted in a BAFO (if required) and
information resulting from Agency inquiry of Proposer's references and
its own knowledge of the Proposer.
2. Detailed evaluation of Proposals and determination of Competitive
Range. The Agency shall carry out and document its evaluations in
accordance with the criteria and procedures set forth in "Proposal
Selection Process." Any Proposal deficiencies that may render a Proposal
unacceptable shall be documented. The Agency shall make specific note
of questions, issues, concerns and areas requiring clarification by
Proposers and to be discussed in any meetings with Proposers that the
Agency finds to be within the Competitive Range.
Rankings of the Proposals against the evaluation shall then be made for determining
which Proposals are within the Competitive Range, or may reasonably be made to be
within the Competitive Range.
3. Proposals not within the Competitive Range. Proposers of any
Proposals that have been determined by the Agency as not in the
Competitive Range, and that cannot be reasonably made to be within the
Competitive Range, shall be notified in accordance with the Agency's
policies.
4. Discussions with Proposers in the Competitive Range. The Proposers
whose Proposals are found by the Agency to be within the Competitive
Range, or that may be reasonably made to be within the Competitive
Range, shall be notified and any questions or requests for clarifications
provided to them in writing. Each such Proposer may be invited for an
interview and discussions with the Agency to discuss answers to written or
oral questions, clarifications and any facet of its Proposal. MBTA
reserves the right to accept proposals as submitted without conducting
discussions.
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No information, financial or otherwise, shall be provided to any Proposer about any
of the Proposals from other Proposers, to the extent permitted by applicable law.
Proposers shall not be given a specific price or specific financial requirements they
must meet to gain further consideration, except that proposed prices may be
considered to be too high with respect to the marketplace or unacceptable. Proposers
shall not be told of their rankings among the other Proposers prior to Contract award.
5. Factory and site visits. The Agency reserves the right to conduct factory
visits of the Proposer's facilities and/or the facilities of major sub -
suppliers included in the Proposal.
6. Best and final offers. After all interviews, if any, have been completed,
the Proposers in the Competitive Range may be afforded the opportunity
to amend their Proposals and make their BAFOs. If MBTA decides to
request a BAFO, the Request for BAFOs shall include the following:
• Notice that discussions and negotiations are concluded.
• A complete listing of the conditions, exceptions, reservations or
understandings that have been approved.
• A common date and time for submission of written BAFOs, allowing a
reasonable opportunity for preparation of the written BAFOs.
• Notice that if any modification to a BAFO is submitted, it must be
received by the date and time specified for the receipt of BAFOs.
• Notice to Proposers that do not submit a notice of withdrawal or a BAFO
that their immediately previous Proposal shall be construed as their
BAFO.
Any modification to the initial Proposal made by a Proposer in its BAFO shall be
identified in its BAFO. BAFOs shall be evaluated by the Agency according to the
same requirements and criteria as the initial Proposals, ("Proposal Selection
Process"). The Agency shall make appropriate adjustments to the initial scores for
any sub -criteria and criteria that have been affected by any Proposal modifications
made by the BAFOs. These final scores and rankings within each criterion shall again
be arrayed by the Agency and considered according to the relative degrees of
importance of the criteria defined in "Proposal Selection Process."
The Agency shall then choose the Proposal(s) that it finds to be most advantageous to
the Agency, based upon the evaluation criteria. The results of the evaluations and the
selection of a Proposal(s) for any award shall be documented. In this instance, the
Agency expects to award to multiple Proposers. Subsequent orders shall be placed
following the Ordering Procedures outlined in Section 4, Special Provisions.
The Agency reserves the right to make an award to a Proposer(s) whose
Proposal(s) it judges to be most advantageous to the Agency based upon the
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evaluation criteria, without conducting any written or oral discussions with any
Proposers or solicitation of any BAFOs.
7. Debriefing. Subsequent to the award, the unsuccessful Proposers shall be
notified and may request a debriefing. Proposers shall be debriefed in
accordance with Agency policies, including information regarding the
shortcomings of their Proposal.
IP 13. Response to Proposals
IP 13.1 Single Proposal Response
If only one Proposal is received in response to this RFP and it is found by the Agency to be
acceptable, a price or cost analysis, or both, possibly including an audit, may be performed by or
for the Agency. The Proposer has agreed to such analysis by submitting a Proposal in response to
this RFP.
IP 13.2 Availability of Funds
Orders placed as a result of this procurement are subject to the availability of funding.
IP 13.3 Agency Contract Approval Process
Following completion of the evaluation process, the Agency shall prepare a written
recommendation for contact award(s) to the recommended firm(s). This recommendation shall
then be presented to the Agency General Manager for approval.
IP 13.4 Agency Rights
The Agency reserves the right to cancel the procurement in whole or in part, at its sole
discretion, at any time before the Contract is fully executed and approved on behalf of the
Agency.
The Agency reserves the right to reject any or all Proposals, to undertake discussions with one or
more Proposers, and to accept that Proposal or modified Proposal which, in its judgment, shall be
most advantageous to the Agency, considering price and other evaluation criteria. The Agency
reserves the right to determine any specific Proposal that is conditional or not prepared in
accordance with the instructions and requirements of this RFP to be nonresponsive. The Agency
reserves the right to waive any Defects, or minor informalities or irregularities in any Proposal
which do not materially affect the Proposal or prejudice other Proposers.
If there is any evidence indicating that two or more proposers are in collusion to restrict
competition or are otherwise engaged in anti-competitive practices, the Proposals of all such
Proposers shall be rejected, and such evidence may be a cause for disqualification of the
participants in any future solicitations undertaken by the Agency.
The Agency may reject a Proposal that includes unacceptable Deviations as provided in Form for
Proposal Deviation.
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IP 13.5 Execution of Contract
The acceptance of a Proposal for award, if made, shall be evidenced in writing by a notice of
award of Contract delivered to those Proposers whose Proposal is accepted. Upon notice of
award of the Contract to a Proposer, the Proposer shall commence performance under the
Contract by furnishing copies of the certificates of insurance required to be procured by the
Contractor pursuant to the Contract documents within thirty (30) calendar days after the date of
receipt of the notice of award. Failure to fulfill these requirements within the specified time may
be cause for termination of the Contract under "Termination for Default" in Section 3.
IP 14. Conflicts of Interests and Gratuities
Proposers are prohibited from engaging in any practice that may be considered as a conflict of
interests under existing Agency policies and/or state law, and to refrain from participating in any
gifts, favors or other forms of compensation that may be viewed as a gratuity in accordance with
existing policies and laws.
IP 15. Agency -Specific Provisions
IP 15.1 Purpose of the Solicitation
The purpose of this solicitation is to establish a multi -vendor contract for the purchase of public
transportation vehicles. The requirement has been divided into four types of vehicles that shall be
competed separately and assembled into a Local Government Purchasing Schedule after award.
The selected contractors shall accept purchase orders directly from the users. The intent is to
reduce the cost and effort needed to order these vehicles in order to make the funds and
equipment available to increase services available to transit organizations.
IP 15.2 Roles of the Parties for this Solicitation
The Morongo Basin Transit Authority ("MBTA"), a member of the California Association for
Coordinated Transportation ("CalACT"), is the lead agency role in the formation of the
CalACT/MBTA Local Government Purchasing Schedule for Accessible Transit/Paratransit
Vehicles. For the purposes of this Local Government Purchasing Schedule, the arrangement
entered into by the MBTA and CalACT shall hereinafter be referred to as the "Cooperative."
The specific roles and obligations of the MBTA and CalACT are described in detail in the
Cooperative Purchasing Agreement entered into by the parties. As a general matter, MBTA staff,
consultants, and counsel shall be responsible for the development of RFP solicitation documents,
the technical product specifications and the awarding of vehicle contracts on behalf of the
Cooperative. After the vehicle contract is awarded, CalACT shall be responsible for providing
participating agencies with the ordering instructions and forms required to insure compliant
purchasing, solicitation documentation required for the agency's files, collecting fees, and the
general administration of the vehicle contract.
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SECTION 3: GENERAL CONDITIONS
GC 1. Definitions
The following are definitions of special terms used in this document:
Agency: Morongo Basin Transit Authority (MBTA). Any contract modification involving
the base Local Government Purchasing Schedule shall be issued by MBTA. The term
Agency shall also refer to any Agency which places an order under the Schedule.
Authorized Signer: The person who is executing this Contract on behalf of the Contractor
and who is authorized to bind the Contractor.
Best And Final Offer (BASO): The last Proposal made by a Proposer. If a BAFO is not
specifically requested by the Agency, or if the Proposer does not promptly respond to a
request for BAFO, then the most recent, current Proposal is the BAFO.
Class 1 Failure (physical safety): A failure that could lead directly to passenger or operator
injury and represents a severe crash situation.
Class 2 Failure (road call): A failure resulting in an en route interruption of revenue service.
Service is discontinued until the bus is replaced or repaired at the point of failure.
Competitive Range: The range of proposals that are identified as the most highly rated,
unless the range is further reduced for purposes of efficiency.
Contract: The Proposal and its acceptance by the Agency as manifested by the Contract
documents specified in "Section 10: Contract."
Contracting Officer: The person who is executing this Contract on behalf of the Agency
and who has complete and final authority except as limited herein. For this solicitation, the
Contracting Officer prior to Contract award is the authorized representative of MBTA. The
Contracting Officer for administration of the Local Government Purchasing Schedule
following Contract award is the authorized representative of CalACT. Each order placed
using the Local Government Purchasing Schedule shall also designate a Contracting Officer
for the Agency placing the order. This individual can also be a representative of CalACT.
Contractor: The successful Proposer who is awarded a Contract for providing all buses and
equipment described in the Contract documents.
Cooperative: Term used to describe the relationship between MBTA and CalACT for the
establishment of the Local Government Purchasing Schedule.
Days: Unless otherwise stated, "days" shall mean calendar days
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Defect: Patent or latent malfunction or failure in manufacture, installation or design of any
component or subsystem.
Deviation: Variance from a requirement or specification that does not alter the basis of a
contract or adversely affects its performance.
Due Date: The date and time by which Proposals must be received by the Agency as
specified in "Section 1: Notice of Request for Proposals."
Extended Warranty: A warranty available for purchase above the standard warranty.
Fatigue Failure (Corrosion Fatigue): The mechanical degradation of a material under the
joint action of corrosion and cyclic loading.
Local Government Purchasing Schedule: An arrangement that a local government entity
has established with multiple vendors in which those vendors agree to provide specific
property or services in the future at established prices. In this case, the specific property
includes accessible transit and paratransit vehicles.
Ordering Agency: Term for the agency that shall be purchasing vehicles from the Local
Government Purchasing Schedule. In this case, this agency must be a CalACT member
whose transit operations and physical location are geographically located within the State of
California.
Pass -Through Warranty: A warranty provided by the Contractor but administered directly
with the component Supplier.
Proposal: A promise, if accepted, to deliver equipment and services according to the
underlying solicitation of the Agency documented using the prescribed form in the
solicitation, including any Proposal or BAFO.
Proposer: A legal entity that makes a Proposal. For this solicitation, the Proposer may be a
vehicle manufacturer or a dealer representing a vehicle manufacturer.
Related Defect: Damage inflicted on any component or subsystem as a direct result of a
separate Defect.
Solicitation: Agency's request for proposals.
Superior Warranty: A warranty still in effect after all contractually required warranties
have expired. The remaining warranty is administered directly between the sub -Supplier and
the Agency.
Supplier: Any manufacturer, company or Agency providing units, components or
subassemblies for inclusion in the bus that are installed by the Contractor. Supplier items
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shall require qualification by type and acceptance tests in accordance with requirements
defined in "Section 8: Quality Assurance."
Subcontractor: Any manufacturer, company or Agency providing units, components or
subassemblies for inclusion in the bus that are installed by a Subcontractor. Subcontractor
items shall require qualification by type and acceptance tests in accordance with
requirements defined in "Section 8: Quality Assurance."
Work: Any and all labor, supervision, services, materials, machinery, equipment, tools,
supplies and facilities called for by the Contract and necessary to the completion thereof.
GC 2. Materials and Workmanship
The Contractor shall be responsible for all materials and workmanship in the construction of the
bus and all accessories used, whether the same are manufactured by the Contractor or purchased
from a Supplier. This provision excludes any equipment leased or supplied by the Agency,
except insofar as such equipment is damaged by the failure of a part or component for which the
Contractor is responsible, or except insofar as the damage to such equipment is caused by the
Contractor during the manufacture of the buses.
GC 3. Conformance with Specifications and Drawings
Materials furnished and Work performed by the Contractor shall conform to the requirements of
the Technical Specifications and other Contract documents. Notwithstanding the provision of
drawings, technical specifications or other data by the Agency, the Contractor shall have the
responsibility of supplying all parts and details required to make the bus complete and ready for
service even though such details may not be specifically mentioned in the drawings and
specifications. Items that are installed by the Agency shall not be the responsibility of the
Contractor unless they are included in this Contract.
GC 4. Inspection, Testing and Acceptance
GC 4.1 General
The pre -delivery tests and inspections shall be performed at the Contractor's plant; they shall be
performed in accordance with the procedures defined in "Section 8: Quality Assurance"; and
they may be witnessed by the resident inspector. When a bus passes these tests and inspections,
the resident inspector, if one is present, shall authorize release of the bus.
Within fifteen (15) calendar days after arrival at the designated point of delivery, the bus shall
undergo the Agency tests defined in "Post -Delivery Tests." If the bus passes these tests or if the
Agency does not notify the Contractor of non-acceptance within 15 calendar days after delivery,
then acceptance of the bus by the Agency occurs on the 15th day after delivery. If the bus fails
these tests, it shall not be accepted until the repair procedures defined in "Repairs After
Nonacceptance" have been carried out and the bus retested until it passes. Acceptance occurs
earlier if the Agency notifies the Contractor of early acceptance or places the bus in revenue
service. .
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GC 4.2 Risk of Loss
The Agency shall assume risk of loss of the bus on delivery, as defined in "Bus Delivery." Prior
to this delivery, the Contractor shall have risk of loss of the bus, including any damages
sustained during the delivery regardless of the status of title or any payments related to the bus. If
the vehicle is driven to the designated point of delivery, drivers shall keep a maintenance log
en route, and it shall be delivered to the Agency with the bus. If the bus is released back to the
Contractor for any reason, the Contractor has the risk of loss upon such release.
GC 5. Title and Warranty of Title
Adequate documents for registering the bus in California shall be provided to the Contractor not
less than 10 business days before delivery to the Agency. Upon acceptance of each bus, the
Contractor registers the vehicle and warrants that the title shall pass to the Agency free and clear
of all encumbrances.
GC 6. Intellectual Property Warranty
The Agency shall advise the Contractor of any impending patent suit related to this Contract
against the Agency and provide all information available. The Contractor shall defend any suit or
proceeding brought against the Agency based on a claim that any equipment, or any part thereof,
furnished under this Contract constitutes an infringement of any patent, and the Contractor shall
pay all damages and costs awarded therein, excluding incidental and consequential damages,
against the Agency. In case said equipment, or any part thereof, is in such suit held to constitute
infringement and use of said equipment or parts is enjoined, the Contractor shall, at its own
expense and at its option, either procure for the Agency the right to continue using said
equipment or part, or replace same with non -infringing equipment, or modify it so it becomes
non -infringing.
The Contractor's obligations under this section are discharged and the Agency shall hold the
Contractor harmless with respect to the equipment or part if it was specified by the Agency and
all requests for substitutes were rejected, and the Contractor advised the Agency under
"Questions, Clarifications and Omissions" of a potential infringement, in which case the
Contractor shall be held harmless.
GC 7. Data Rights
GC 7.1 Proprietary Rights/Rights in Data
The term "subject data" used in this clause means recorded information, whether or not
copyrighted, that is delivered or specified to be delivered under the Contract. It includes the
proprietary rights of the following:
• Shop drawings and working drawings
• Technical data including manuals or instruction materials, computer or microprocessor
software
• Patented materials, equipment, devices or processes
• License requirements
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The Agency shall protect proprietary information provided by the Contractor to the fullest extent
of the law. The Contractor shall grant a non-exclusive license to allow the Agency to utilize such
information in order to maintain the vehicles. In the event that the Contractor no longer provides
the information the Agency has the right to reverse engineer patented parts and software.
The Agency reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish
or otherwise use, and to authorize others to use, the following subject data for its purposes: (1)
any subject data required to be developed and first produced in the performance of the Contract
and specifically paid for as such under the Contract, whether or not a copyright has been
obtained; and (2) any rights of copyright to which the Contractor, Subcontractor or Supplier
purchases ownership for the purpose of performance of the Contract and specifically paid for as
such under the Contract. The Contractor agrees to include the requirements of this clause,
modified as necessary to identify the affected parties, in each subcontract and supply order
placed under the Contract.
GC 7.2 Access to Onboard Operational Data
The Agency grants to the Contractor the right to inspect, examine, download, and otherwise
obtain any information or data available from components provided by the Contractor, including,
but not limited to, any electronic control modules or other data -collection devices, to the extent
necessary to enable Contractor to perform reliability maintenance analysis, corrective action
and/or other engineering type Work for the bus. This right expressly excludes access to
information or data collected on any equipment not provided and installed by the Contractor.
GC 8. Changes
GC 8.1 Contractor Changes
Any proposed change in this Contract shall be submitted to the Agency for its prior approval.
Oral change orders are not permitted. No change in this Contract shall be made without the prior
written approval of the Contracting Officer. The Contractor shall be liable for all costs resulting
from, and/or for satisfactorily correcting, any specification change not properly ordered by
written modification to the Contract and signed by the Contracting Officer.
GC 8.2 Agency Changes
The Agency may obtain changes to the Contract by notifying the Contractor in writing. As soon
as reasonably possible but no later than thirty (30) calendar days after receipt of the written
change order to modify the Contract, the Contractor shall submit to the Contracting Officer a
detailed price and schedule Proposal for the Work to be performed. This Proposal shall be
accepted or modified by negotiations between the Contractor and the Contracting Officer. At that
time, a detailed modification shall be executed in writing by both parties. Disagreements that
cannot be resolved within negotiations shall be resolved in accordance with "Disputes," below.
Regardless of any disputes, the Contractor shall proceed with the Work ordered.
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GC 9. Legal Clauses
GC 9.1 Indemnification
GC 9.1.1 The Contractor shall, to the extent permitted by law: (1) protect, indemnify and save
the Agency and its officers, employees and agents, including consultants, harmless from and
against any and all liabilities, damages, claims, demands, liens, encumbrances, judgments,
awards, losses, costs, expenses and suits or actions or proceedings, including reasonable
expenses, costs and attorneys' fees incurred by the Agency and its officers, employees and
agents, including consultants, in the defense, settlement or satisfaction thereof, for any injury,
death, loss or damage to persons or property of any kind whatsoever, arising out of or resulting
from the intentional misconduct or negligent acts, errors or omissions of the Contractor in the
performance of the Contract, including intentional misconduct, negligent acts, errors or
omissions of its officers, employees, servants, agents, Subcontractors and Suppliers; and (2)
upon receipt of notice and if given authority, shall settle at its own expense or undertake at its
own expense the defense of any such suit, action or proceeding, including appeals, against the
Agency and its officers, employees and agents, including consultants, relating to such injury,
death, loss or damage. Each party shall promptly notify the other in writing of the notice or
assertion of such claim, demand, lien, encumbrance, judgment, award, suit, action or other
proceeding hereunder. The Contractor shall have sole charge and direction of the defense of such
suit, action or proceeding. The Agency shall not make any admission that might be materially
prejudicial to the Contractor unless the Contractor has failed to take over the conduct of any
negotiations or defense within a reasonable time after receipt of the notice and authority above
provided. The Agency shall at the request of the Contractor furnish to the Contractor all
reasonable assistance that may be necessary for the purpose of defending such suit, action or
proceeding, and shall be repaid all reasonable costs incurred in doing so. The Agency shall have
the right to be represented therein by advisory council of its own selection at its own expense.
GC 9.1.2 The obligations of the Contractor under the above paragraph shall not extend to
circumstances where the injury, death or damages are caused solely by the negligent acts, errors
or omissions of the Agency, its officers, employees, agents or consultants, including, without
limitation, negligence in: (1) the preparation of the Contract documents, or (2) the giving of
directions or instructions with respect to the requirements of the Contract by written order. The
obligations of the Contractor shall not extend to circumstances where the injury, death or
damages are caused, in whole or in part, by the negligence of any third -party operator, not
including an assignee or Subcontractor of the Contractor, subject to the right of contribution. In
case of joint or concurrent negligence of the parties giving rise to a claim or loss against either
one or both, each shall have full rights of contribution from the other.
GC 9.2 Suspension of Work
GC 9.2.1. The Agency may at any time and for any reason within its sole discretion issue a
written order to the Contractor suspending, delaying or interrupting all or any part of the Work
for a specified period of time.
GC 9.2.2. The Contractor shall comply immediately with any such written order and take all
reasonable steps to minimize costs allocable to the Work covered by the suspension during the
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period of work stoppage. Contractor shall continue the Work that is not included in the
suspension and shall continue such ancillary activities as are not suspended. The Contractor shall
resume performance of the suspended Work upon expiration of the notice of suspension, or upon
direction from the Agency.
GC 9.2.3. The Contractor shall be allowed an equitable adjustment in the Contract price
(excluding profit) and/or an extension of the Contract time, to the extent that cost or delays are
shown by the Contractor to be directly attributable to any suspension. However, no adjustment
shall be made under this section for any suspension, delay or interruption due to the fault or
negligence of the Contractor, or for which an equitable adjustment is provided for, or excluded
under any other term or condition of the Contract. As soon as reasonably possible but no later
than forty-five (45) calendar days, or any other period of time agreed to by the parties, after
receipt of the written suspension of work notice, the Contractor shall submit to the Contracting
Officer a detailed price and schedule Proposal for the suspension, delay or interruption.
GC 9.3 Excusable Delays/Force Majeure
GC 9.3.1. If the Contractor is delayed at any time during the progress of the Work by the neglect
or failure of the Agency or by a cause as described below, then the time for completion and/or
affected delivery date(s) shall be extended by the Agency subject to the following cumulative
conditions:
a. The cause of the delay arises after the Notice of Award and neither was nor could have
been anticipated by the Contractor by reasonable investigation before such award. Such
cause may also include force majeure events such as any event or circumstance beyond
the reasonable control of the Contractor, including but not limited to acts of God;
earthquake, flood and any other natural disaster; civil disturbance, strikes and labor
disputes; fires and explosions; war and other hostilities; embargo; or failure of third
parties, including Suppliers or Subcontractors, to perform their obligations to the
Contractor;
b. The Contractor demonstrates that the completion of the Work and/or any affected
deliveries shall be actually and necessarily delayed;
c. The Contractor has taken measures to avoid and/or mitigate the delay by the exercise of
all reasonable precautions, efforts and measures, whether before or after the occurrence
of the cause of delay; and
d. The Contractor makes written request and provides other information to the Agency as
described in GC 9.3.4 below.
A delay in meeting all of the conditions of this section shall be deemed an excusable delay. Any
concurrent delay that does not constitute an excusable delay shall not be the sole basis for
denying a request hereunder.
GC 9.3.2. None of the above shall relieve the Contractor of any liability for the payment of any
liquidated damages owing from a failure to complete the Work by the time for completion that
the Contractor is required to pay pursuant to "Liquidated Damages for Late Delivery of the Bus"
for delays occurring prior to, or subsequent to the occurrence of an excusable delay.
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GC 9.3.3. The Agency reserves the right to rescind or shorten any extension previously granted,
if subsequently the Agency determines that any information provided by Contractor in support of
a request for an extension of time was erroneous; provided, however, that such information or
facts, if known, would have resulted in a denial of the request for an excusable delay.
Notwithstanding the above, the Agency shall not rescind or shorten any extension previously
granted if the Contractor acted in reliance upon the granting of such extension and such
extension was based on information which, although later found to have been erroneous, was
submitted in good faith by the Contractor.
GC 9.3.4. No extension or adjustment of time shall be granted unless: (1) written notice of the
delay is filed with the Agency within fourteen (14) calendar days after the commencement of the
delay and (2) a written application therefore, stating in reasonable detail the causes, the effect to
date and the probable future effect on the performance of the Contractor under the Contract, and
the portion or portions of the Work affected, is filed by the Contractor with the Agency within
thirty (30) calendar days after the commencement of the delay. No such extension or adjustment
shall be deemed a waiver of the rights of either party under this Contract. The Agency shall make
its determination within thirty (30) calendar days after receipt of the application.
GC 9.4 Termination
GC 9.4.1. Termination for Convenience
The performance of Work under this Contract may be terminated by the Agency in accordance
with this clause in whole, or from time to time in part, whenever the contracting officer shall
determine that such termination is in the best interest of the Agency. Any such termination shall
be effected by delivery to the Contractor of a notice of termination specifying the extent to which
performance of Work under the Contract is terminated, and the date upon which such
termination becomes effective.
After receipt of a notice of termination, and except as otherwise directed by the Contracting
Officer, the Contractor shall do the following:
• Stop Work under the Contract on the date and to the extent specified in the notice of
termination.
Place no further orders or subcontracts for materials, services or facilities, except as may
be necessary for completion of such portion of the Work under the Contract as is not
terminated.
• Terminate all orders and subcontracts to the extent that they relate to the performance of
work terminated by the notice of termination; assign to the Agency in the manner, at the
times, and to the extent directed by the Contracting Officer, all of the right, title and
interest of the Contractor under the orders and subcontracts so terminated, in which case
the Agency shall have the right, in its discretion, to settle or pay any or all claims arising
out of the termination of such orders and subcontracts.
• Settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of the Contracting Officer, to the
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extent he or she may require, which approval or ratification shall be final for all the
purposes of this clause.
• Transfer title to the Agency and deliver in the manner, at the times and to the extent, if
any, directed by the Contracting Officer the fabricated or unfabricated parts, Work in
process, completed Work, supplies and other material produced as part of, or acquired in
connection with the performance of, the Work terminated, and the completed or partially
completed plans, drawings, information and other property which, if the Contract had
been completed, would have been required to be furnished to the Agency.
• Use its best efforts to sell, in the manner, at the times, to the extent, and at the price(s)
directed or authorized by the Contracting Officer, any property of the types referred to
above, provided, however, that the Contractor shall not be required to extend credit to
any purchaser, and may acquire any such property under the conditions prescribed by and
at a price(s) approved by the Contracting Officer, and provided further that the proceeds
of any such transfer or disposition shall be applied in reduction of any payments to be
made by the Agency to the Contractor under this Contract or shall otherwise be credited
to the price or cost of the Work covered by this Contract or paid in such other manner as
the Contracting Officer may direct.
• Complete performance of such part of the Work as shall not have been terminated by the
notice of termination.
• Take such action as may be necessary, or as the Contracting Officer may direct, for the
protection or preservation of the property related to this Contract that is in the possession
of the Contractor and in which the Agency has or may acquire an interest.
The Contractor shall be paid its costs, including Contract close-out costs, and profit on Work
performed up to the time of termination. The Contractor shall promptly submit its termination
claim to Agency to be paid the Contractor. Settlement of claims by the Contractor under this
termination for convenience clause shall be in accordance with the provisions set forth in Part 49
of the Federal Acquisition Regulations (48 CFR 49) except that wherever the word
"Government" appears, it shall be deleted and the word "Agency" shall be substituted in lieu
thereof.
GC 9.4.2. Termination for Default
The Agency may, by written notice of default to the Contractor, terminate the whole or any part
of this Contract if the Contractor fails to make delivery of the supplies or to perform the services
within the time specified herein or any extension thereof; or if the Contractor fails to perform any
of the other material provisions of the Contract, or so fails to make progress as to endanger
performance of this Contract in accordance with its terms, and in either of these two
circumstances does not cure such failure within a period of ten (10) business days, or such longer
period as the Contracting Officer may authorize in writing, after receipt of notice from the
Contracting Officer specifying such failure.
If the Contract is terminated in whole or in part for default, the Agency may procure, upon such
terms and in such manner as the Contracting Officer may deem appropriate, supplies or service:
similar to those so terminated. The Contractor shall be liable to the Agency for any excess costs
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for such similar supplies or services, and shall continue the performance of this Contract to the
extent not terminated under the provisions of this clause.
Except with respect to defaults of Subcontractors, the Contractor shall not be liable for any
excess costs if the failure to perform the Contract arises out of a cause beyond the control and
without the fault or negligence of the Contractor. If the failure to perform is caused by the default
of a Subcontractor, and if such default arises out of causes beyond the control of both the
Contractor and Subcontractor, and without the fault or negligence of either of them, the
Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or
services to be furnished by the Subcontractor were obtainable from other sources and in
sufficient time to permit the Contractor to meet the required delivery schedule.
Payment for completed supplies delivered to and accepted by the Agency shall be at the Contract
price. The Agency may withhold from amounts otherwise due the Contractor for such completed
supplies such sum as the Contracting Officer determines to be necessary to protect the Agency
against loss because of outstanding liens or claims of former lien holders.
If, after notice of termination of this Contract under the provisions of this clause, it is determined
for any reason that the Contractor was not in default under the provisions of this clause, or that
the default was excusable under the provisions of this clause, the rights and obligations of the
parties shall be the same as if the notice of termination had been issued pursuant to termination
for convenience of the Agency.
GC 9.5 Compliance with Laws and Regulations
Contractor shall at all times comply with all applicable laws, regulations, policies, procedures
and directives (together, the "Law"), including without limitation, FTA regulations, policies,
procedures and directives, including those listed directly or by reference in the agreement
between the Agency and FTA that funds any part of this Contract, as they may be amended or
promulgated from time to time during the term of this Contract. Contractor's failure to so comply
shall constitute a material breach of this Contract.
GC 9.6 Changes of Law
Changes of Law that become effective after the Proposal Due Date may result in price changes.
If a price adjustment is indicated, either upward or downward, it shall be negotiated between the
Agency and the Contractor and the final Contract price shall be adjusted upwards or downwards
to reflect such changes in Law. Such price adjustment may be audited, where required.
GC 9.7 Governing Law and Choice of Forum
This Contract shall be governed by the laws of State of California without regard to conflict of
law rules. The Contractor consents to the jurisdiction of the identified State and the County where
the Agency purchasing the Vehicles is located.
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GC 9.8 Disputes
Except as otherwise provided in this Contract, any dispute concerning a question of fact arising
under or related to this Contract that is not disposed of by agreement shall be decided in
accordance with the following steps. However, by mutual agreement the matter may be taken
immediately to any higher step in the dispute resolution process, or mutually agreed to
alternative dispute resolution process (which may include structured negotiations, mediation or
arbitration) or litigation. Pending final resolution of a dispute hereunder, the Contractor shall
proceed diligently with the performance of the Contract and in accordance with the Contracting
Officer's or Chief Executive Officer's decision, as the case may be.
Notice of dispute. All disputes shall be initiated through a written dispute notice
submitted by either parry to the other parry within 10 (ten) calendar days of the
determination of the dispute.
2. Negotiation between contracting officers. The parties shall attempt in good faith to
resolve any dispute arising out of or relating to this Contract promptly by negotiation
between the designated Contracting Officer of the Agency ordering the vehicles and the
Contractor's executives who have authority to settle the controversy. Any party may give
the other parry written notice of any dispute not resolved in the normal course of business
as provided in (1) above. Within 14 (fourteen) calendar days after delivery of the dispute
notice, the receiving party shall submit to the other parry a written response. The dispute
notice and written response shall include: (a) a statement of the parry's position and a
summary of the arguments supporting that position, (b) any evidence supporting the
parry's position and (c) the name of the executive who shall represent that party and of
any others who shall accompany the executive in negotiations. Within 28 (twenty-eight)
calendar days after delivery of the dispute notice, the Contracting Officer of both parties
shall meet at a mutually acceptable time and place, and thereafter as they reasonably
deem necessary to attempt to resolve the dispute. All reasonable requests for information
by one parry to the other shall be honored.
If the matter has not been resolved by these people within 42 (forty-two) calendar days of
the dispute notice, the dispute may be referred to more senior executives of both parties
who have authority to settle the dispute and who shall likewise meet to attempt to resolve
the dispute.
GC 9.9 Maintenance of Records; Access by Agency; Right to Audit Records
In accordance with 49 CFR § 18.36(i), 49 CFR § 19.48(d), and 49 USC § 5325(a), provided the
Agency is the FTA recipient or a sub -grantee of the FTA recipient, the Contractor agrees to
provide the Agency, FTA, the Comptroller General of the United States, the Secretary of the
U.S. Department of Transportation, the State of California or any of their duly authorized
representatives access to any books, documents, papers and records of the Contractor that are
directly pertinent to or relate to this Contract (1) for the purpose of making audits, examinations,
excerpts and transcriptions and (2) when conducting an audit and inspection.
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In the event of a sole source Contract, single Proposal, single responsive Proposal, or
competitive negotiated procurement, the Contractor shall maintain and the Contracting
Officer, the U.S. Department of Transportation (if applicable) or the representatives
thereof shall have the right to examine all books, records, documents and other cost and
pricing data related to the Contract price, unless such pricing is based on adequate price
competition, established catalog or market prices of commercial items sold in substantial
quantities to the public, or prices set by law or regulation, or combinations thereof. Data
related to the negotiation or performance of the Contract shall be made available for the
purpose of evaluating the accuracy, completeness and currency of the cost or pricing
data. The right of examination shall extend to all documents necessary for adequate
evaluation of the cost or pricing data, along with the computations and projections used
therein, including review of accounting principles and practices that reflect properly all
direct and indirect costs anticipated for the performance of the Contract.
2. For Contract modifications or change orders the Contracting Officer, the U.S.
Department of Transportation, if applicable, or their representatives shall have the right to
examine all books, records, documents and other cost and pricing data related to a
Contract modification, unless such pricing is based on adequate price competition,
established catalog or market prices of commercial items sold in substantial quantities to
the public, or prices set by law or regulation, or combinations thereof. Data related to the
negotiation or performance of the Contract modification or change order shall be made
available for the purpose of evaluating the accuracy, completeness and currency of the
cost or pricing data. The right of examination shall extend to all documents necessary for
adequate evaluation of the cost or pricing data, along with the computations and
projections used therein, either before or after execution of the Contract modification or
change order for the purpose of conducting a cost analysis. If an examination made after
execution of the Contract modification or change order reveals inaccurate, incomplete or
out-of-date data, the Contracting Officer may renegotiate the Contract modification or
change order price adjustment, and the Agency shall be entitled to any reductions in the
price that would result from the application of accurate, complete or up-to-date data.
The requirements of this section are in addition to other audit, inspection and record-
keeping provisions specified elsewhere in the Contract documents.
GC 9.10 Confidential Information
Access to government records is governed by the statutes of the State of California. Except as
otherwise required by the statutes of the State of California, the Agency shall exempt from
disclosure proprietary information, trade secrets and confidential commercial and financial
information submitted or disclosed during the Contract period. Any such proprietary
information, trade secrets or confidential commercial and financial information that a Contractor
believes should be exempted from disclosure shall be specifically identified and marked as such.
Blanket -type identification by designating whole pages or sections as containing proprietary
information, trade secrets or confidential commercial and financial information shall not ensure
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confidentiality. The specific proprietary information, trade secrets or confidential commercial
and financial information must be clearly identified as such.
Upon a request for records from a third parry regarding the Contract, the Agency shall notify the
Contractor in writing. The Contractor must respond within twenty (20) days with the
identification of any and all "proprietary, trade secret or confidential commercial or financial"
information, and the Contractor shall indemnify the Agency's defense costs associated with its
refusal to produce such identified information; otherwise, the requested information may be
released.
The Agency shall employ sound business practices no less diligent than those used for the
Agency's own confidential information to protect the confidence of all licensed technology,
software, documentation, drawings, schematics, manuals, data and other information and
material provided by the Contractor pursuant to the Contract that contain confidential
commercial or financial information, trade secrets or proprietary information as defined in or
pursuant to the statutes of the State of California against disclosure of such information and
material to third parties except as permitted by the Contract. The Contractor shall be responsible
for ensuring that confidential commercial or financial information, trade secrets or proprietary
information, with such determinations to be made by the Agency in its sole discretion, bears
appropriate notices relating to its confidential character.
During the performance of the Work under the Contract, it may be necessary for either parry (the
"Discloser") to make confidential information available to the other parry (the "Recipient"). The
Recipient agrees to use all such information solely for the performance of the Work under the
Contract and to hold all such information in confidence and not to disclose same to any third
parry without the prior written consent of the Discloser. Likewise, the Recipient agrees that all
information developed in connection with the Work under the Contract shall be used solely for
the performance of the Work under the Contract, and shall be held in confidence and not
disclosed to any third parry without the prior written consent of the Discloser.
This Confidentiality section shall survive the termination or expiration of the Contract.
GC 9.11 Conflicts of Interest, Gratuities
No member, officer, or employee of the Agency or of a local public body during his or her
tenure, or one year thereafter, shall have any interest, direct or indirect, in this Contract or the
proceeds thereof.
GC 9.12 General Nondiscrimination Clause
In connection with the performance of Work provided for under this Contract, the Contractor
agrees that it shall not, on the grounds of race, religious creed, color, national origin, ancestry,
physical disability, medical condition, marital status, sex, sexual orientation or age, discriminate
or permit discrimination against any person or group of people in any manner prohibited by
federal, state or local laws.
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GC 9.13 Amendment and Waiver
GC 9.13.1. Amendment
Any modification or amendment of any provisions of any of the Contract documents shall be
effective only if in writing, signed by authorized representatives of both the Agency and
Contractor, and specifically referencing this Contract.
GC 9.13.2. Waiver
In the event that either parry elects to waive its remedies for any breach by the other parry of any
covenant, term or condition of this Contract, such waiver shall not limit the waiving parry's
remedies for any succeeding breach of that or of any other term, covenant or condition of this
Contract.
GC 9.14 Remedies not Exclusive
The rights and remedies of the Agency provided herein shall not be exclusive and are in addition
to any other rights and remedies provided by law or under the Contract.
GC 9.15 Counterparts
This Contract may be executed in any number of counterparts. All such counterparts shall be
deemed to constitute one and the same instrument, and each of said counterparts shall be deemed
an original thereof.
GC 9.16 Severability
Whenever possible, each provision of the Contract shall be interpreted in a manner as to be
effective and valid under applicable law. However, if any provision, or part of any provision,
should be prohibited or invalid under applicable law, such provision, or part of such provision,
shall be ineffective to the extent of such prohibition or invalidity without invalidating the
remainder of such provision or the remaining provisions of the Contract.
GC 9.17 Third -Party Beneficiaries
No provisions of the Contract shall in any way inure to the benefit of any third parry, including
the public at large, so as to constitute such person a third -parry beneficiary of the Contract or of
any one or more of the terms and conditions of to Contract or otherwise give rise to any cause of
action in any person not a parry to the Contract, except as expressly provided elsewhere in the
Contract.
GC 9.18 Assignment of Contract
Neither parry shall assign or subcontract it's rights or obligations under the Contract without
prior written permission of the other parry, and no such assignment or subcontract shall be
effective until approved in writing by the other party.
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GC 9.19 Independent Parties
The Contractor is an independent contractor with respect to the performance of all Work
hereunder, retaining control over the detail of its own operations, and the Contractor shall not be
considered the agent, employee, partner, fiduciary or trustee of the Agency.
GC 9.20 Survival
The following sections shall survive the nominal expiration or discharge of other Contract
obligations, and the Agency may obtain any remedy under law, Contract or equity to enforce the
obligations of the Contractor that survive the manufacturing, warranty and final payment
periods:
• "Intellectual Property Warranty"
• "Data Rights"
• "Indemnification"
• "Governing Law and Choice of Forum"
• "Disputes"
• "Confidential Information"
• "Parts Availability Guarantee"
• "Access to Records"
• "Training"
GC 10. Agency -Specific Provisions - Reserved
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SECTION 4: SPECIAL PROVISIONS
SP 1. Authorization to Use the Local Government Purchasing Schedule
The use of the Local Government Purchasing Schedule shall be restricted to members in good
standing of CalACT whose transit operations and physical location are geographically located
within the State of California. These members are to be publicly funded transit agencies, city
transit systems, other governmental agencies or non-profit organizations performing
governmental services.
SP 2. Assignability
MBTA reserves the right to assign the ability to use the Local Government Purchasing Schedule
to any other grantees of FTA funds in accordance with FTA Circular 4220.1F or successor
circulars. These grantees shall be members of CalACT and be geographically located within the
State of California. A letter of Assignment shall be issued by either MBTA or by CalACT acting
for MBTA under the terms of their Cooperative Purchasing Agreement. MBTA reserves the right
to withhold assignments at its unilateral discretion. Each Assignment shall be valid for a one-
year period. All buses ordered under that Assignment shall be delivered and accepted within that
one-year period.
SP 3. Period of Performance
The initial period of performance shall be two (2) years. MBTA shall have the right to extend
the period of performance for two (2) one-year options. Subject to the Agency's right to order
modifications, the Option Vehicles shall have the same specifications as the vehicles purchased
under the initial Contract. The Agency may exercise the Options by written notice to the
Contractor ("Notice of Exercise of Option") at least ninety (90) days prior to the expiration of the
initial period of performance.
In the event that either option is exercised, the pricing for each option period shall be established
per the provisions of SP 5.3, Price Validity for Option Periods.
SP 4. Procurement Fee
A procurement fee of 1.5% of total pre-tax price per vehicle, up to $15,000 per transaction shall
be paid by the Contractors) to the Cooperative each month based on activity on this contract.
This fee shall be shown as a separate line item on the invoice to the Agency ordering the
vehicles. It shall be payable to the Cooperative within thirty (30) days of delivery to agencies.
Contractors shall also supply monthly activity reports showing all orders and payments to the
Cooperative. This activity may be audited. The Cooperative may charge interest for late
payment if payment is delayed more than ten (10) days after the payment Due Date set forth
above. Interest will be charged at a rate of 10% of the procurement fee that is due. Order
batching with the intent to evade payment collection or payment of the procurement fee is
prohibited.
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Under the provisions of SP 2, Assignability, the MBTA may choose to assign vehicles directly to
agencies. These agencies may or may not be located within the political subdivisions comprising
the MBTA's joint powers authority. For agencies located within the political subdivisions
comprising the MBTA's joint powers authority, MBTA reserves the right to waive the
procurement fees.
Failure to report shall also be seen as failure to perform the contract and may lead to corrective
action up to and including Termination for Default.
SP 5. Pricing
SP 5.1 Price Protection
Contractor agrees all the Prices, terms, warranties, and benefits provided in this Contract are
comparable to or better than the terms presently being offered by Contractor to any other
governmental entity purchasing the same quantity under similar terms. If during the term of this
Contract, Contractor shall enter into contracts with any other governmental entity providing
greater benefits or more favorable terms than those provided by this Contract, Contractor shall be
obligated to provide the same to Purchaser for subsequent purchases.
SP 5.2 Price Validity for the Initial Contract Term
Contractor agrees to sell vehicle(s), including proposed optional equipment, at the same price
and under the terms and conditions of this Agreement from the time of contract award to the
expiration of the initial contract term. By submittal and acceptance of its pricing, the Contractor
also agrees to provide any of the listed optional features at the listed pricing for the initial two-
year contract term.
SP 5.3 Vehicle and Optional Feature Pricing for Option Periods
Subject to the provisions of SP 5.5 Price Adjustments, the price of the vehicles and of the
optional features for each option period shall be the unit price established in the initial Schedule
adjusted by multiplying the Base Order Price by the following fraction:
Preliminary Index Number on Month Prior to Notice of Exercise of Option
Index Number on Effective Date of the Contract
The Index shall be the Producer Price Index for Truck and Bus Bodies, Series No. 1413
published by the United States Department of Labor or if such Index is no longer in use, then
such replacement which is most comparable to the Index as may be designated by the Bureau of
Labor Statistics, or as agreed by the parties.
SP 5.4 Prohibitions
Contractors are expressly prohibited from offering any rebates, parts credits and any other price
discounts following contract award.
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SP 5.5 Price Adjustments
Section GC 9.6, Changes of Law, provides for price adjustments because of changes of law.
Notwithstanding that provision, a chassis model price increase shall be considered when a model
year change is specific to the automotive or van industry. The Contractor shall provide a
certification from the manufacturer to justify the chassis model price increase. The price may be
adjusted only in the same amount as the price increase to the Contractor. The Contractor shall
submit the request and all necessary documentation to the Cooperative. The documentation of
such factors shall be provided by the dealer. Should the Cooperative not grant this price increase,
the vehicle(s) affected by the chassis or manufacturers price increase may be removed by the
Cooperative's purchasing schedule upon the responsible dealer's request.
A minimum of 60 calendar days advance written notice of price increase is required which is to
be accompanied by sufficient documentation to justify the requested increase.
SP 6. Ordering Procedures
Agencies that are using federal funds and placing orders under this Schedule shall follow the
following procedures:
The Agency shall develop a requirements list showing all optional features, if any, that
are required. In addition, the Agency shall identify any other evaluation factors that shall
be considered in determining which vehicle is to be ordered. (Factors that may also be
considered include past performance, special features of the specific vehicle required for
effective program performance, warranty considerations, if any, maintenance or
inventory considerations, if any and proposed delivery schedule.)
2. The Agency shall issue a request for delivery schedule to Contractors for at least
three of vehicles listed on the Schedule. (If there are fewer than three vehicles listed on
the Schedule, the Agency shall obtain this information for the maximum number of
vehicles available.) The RFQ shall list any other additional information that is required.
It shall also note how information shall be evaluated and the deadline for submittal.
Following receipt of the information, the Agency shall evaluate the submittals
according to the evaluation criteria and select the quote that represents the best value to
the Agency when all factors are evaluated.
4. The recommended firm shall receive a written Order Confirmation form. This
form shall indicate:
a. Itemized list of all vehicles, parts, etc. being ordered and prices
b. Designated delivery point
c. Delivery due date.
The Order Confirmation form does not replace any other required document such
as Purchase Orders that may be issued by CalTrans.
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SP 7. Inspection, Testing, Acceptance and Repairs
SP 7.1 First Article Inspection
At the sole election of MBTA and CalACT, the Agency may conduct an on-site inspection of the
first vehicle being manufactured to validate compliance with the specification and to validate the
Post -Delivery Buy America and any other audit requirements. This First Article bus shall serve
as a standard for the units that follow as ordered. This shall not relieve the Contractor and
manufacturer from an obligation to manufacture all units in compliance with all specifications.
As least thirty (30) days prior to completion of the First Article bus, the Contractor is to notify the
Cooperative in writing. The First Article bus is to be available for inspection either at the point of
delivery or at the manufacturing facility. Parties that are to be present include representatives from
the successful manufacturer, the Contractor and representative(s) from the Cooperative. If the
inspection is held at the manufacturing facility, the Contractor shall pay travel expenses and $50 per
day per diem for one (1) Cooperative representative. Additionally, the Contractor may be required to
pay an hourly rate up to a total of $1500 per vehicle for one (1) independent inspection consultant per
vehicle directly. This cost shall be invoiced directly to the Contractor by the inspection consultant.
SP 7.2 Pre -Delivery Tests
The Contractor's or manufacturer's pre -delivery tests and inspections of all Vehicles shall be
performed at or near the manufacturing plant; they shall be performed in accordance with the
procedures defined in Quality Assurance Provisions, and they may be witnessed by the Resident
Inspector, if one is assigned to a specific order. The records of this testing shall be provided to
the ordering agency in accordance with the Quality Assurance Provisions.
SP 7.3 Service Prior to Delivery
Prior to delivery, each vehicle shall be inspected and serviced by the Contractor or by an
authorized dealer of the manufacturer in a service shop located near the Ordering Agency. The
service shall include not less than the following:
A. Check and fill all fluid levels as necessary. This shall include but not be limited to
engine oil, hydraulic oil, transmission fluid, coolant level and mixture, battery levels,
brake fluid, differential oil, washer fluid, and any and all other fluid levels.
B. Complete wash and detail of the vehicle and removal of all unnecessary dealer
stickers prior to delivery and inspection.
C. A four-wheel alignment at final point of inspection. Wheel alignment shall take place
after delivery to the Contractor's location. Documentation of alignment settings for
camber, caster, and toe -in settings shall be furnished for the final inspection, and must
accompany delivery documentation to Ordering Agency.
D. Full tank of fuel at the Contractor's location.
E. Documentation of the alignment of headlights shall be provided to the Ordering
Agency at delivery.
F. Check to insure proper operation of all accessories, gauges, lights, mechanical, and
hydraulic features. Particular attention shall be given to door alignment, lift operation,
weather-stripping, hardware, paint condition, and labeling of the cooling system.
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G. Copy of the Contractor's pre -delivery inspection and all subsequent inspections by
Contractor's inspectors shall be provided to the Ordering Agency upon delivery.
H. A certified four -corner weight certificate showing the "as built" weight of the vehicle
shall be provided with each vehicle at the time of delivery. The vehicle shall be full of
fuel and all fluids and weighed with all equipment installed. The weight certificate
shall be included with the bus and available for review at time of inspection.
SP 7.4 Delivery Coordination and Pricing of Delivery
All vehicle deliveries shall be coordinated with the ordering agency. The Contractor shall contact
the ordering agency to agree upon a delivery schedule at least three (3) working days prior to
delivery. Delivery shall be made during normal working hours. Delivery terms are Freight on
Board (FOB) to be specified by the ordering agency, either at their place of business or at closest
dealer location. No additional charges shall apply for deliveries made within 100 miles of closest
dealer location. Dealers shall only charge additional mileage fees for distance delivered
exceeding 100 miles from the closest dealer location. Example: delivery made 150 miles from
dealer shall only be charged for 50 miles.
SP 7.5 Delivery Inspection, Post -Delivery Tests and Acceptance
Upon delivery of the Vehicle at a point of delivery, the Agency shall take possession of the
Vehicle and shall perform the inspections and tests. For vehicles that are Federally funded, each
bus shall be inspected and road tested per Appendix B, Visual Inspection and Road Test Forms.
For vehicles funded by or through Caltrans, each bus shall also be inspected using Appendix C,
Caltrans Vehicle Inspection Report. If the Vehicle passes these inspections and tests, the Agency
shall Accept the Vehicle no later than the fifteenth day after Contractor delivers the Vehicle to
the Agency. The Agency may Accept a Vehicle earlier upon Notice of early Acceptance to the
Contractor. If the Agency has not issued a Notice of Acceptance, the Agency shall be deemed to
have Accepted a Vehicle on the date it places the Vehicle into revenue service.
Vehicles that fail to pass the post -delivery tests are subject to non-acceptance. The Agency shall
record details of all Defects on the appropriate test forms and shall notify the Contractor of
acceptance or non-acceptance of each bus after completion of the tests. The Defects detected
during these tests shall be repaired according to procedures defined in "Repairs after Non -
Acceptance."
SP 7.6 Documentation and Deliverables Per Bus Order
The Technical Specification identifies all technical deliverables that must be provided with each
bus order. In addition to those items, the Contractor shall provide deliver the following
documentation and deliverables with the bus(es).
• Warranty papers —forms, policy, procedures
• Post Delivery Buy America documentation
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The Contractor also shall exert its best efforts to keep maintenance manuals, operator manuals
and parts books up to date for a period of five (5) years. The supplied manuals shall incorporate
all equipment ordered on the buses covered by this procurement. In instances where copyright
restrictions or other considerations prevent the Contractor from incorporating major components
information into the bus parts and service manuals, separate manual sets as published by the
subcomponent Supplier shall be provided.
SP 7.7 Repairs after Non -Acceptance
The Contractor, or its designated representative, shall perform the repairs after non-acceptance.
SP 7.8 Orientation with Delivery
The Contractor shall provide a vehicle orientation with each vehicle delivered to an Agency. If
an agency orders more than one (1) vehicle of identical specifications, the orientations shall be
provided on the first vehicle delivered. The orientation shall be conducted by the Contractor for
the maintenance and operations supervisory and training personnel. The orientation shall include
but not be limited to:
• Engine type and proper type of fuel
• How to check coolant level and type of coolant required
• Function of all controls on the vehicle.
• Function of all controls on the driver control panel
• Location and function of controls on all add-on equipment, such as the A/C,
etc.
• Location and identification of all visible and audible alarms.
• Location and identification of tire pressure ID plate
• Location of batteries and how to service the batteries.
SP 8. Registration of Vehicles
The Contractor shall register all vehicles. A certification of compliance for vehicle emissions
must be supplied at the time of delivery of each vehicle. Any additional requirements involving
vehicle registration such as listing of lien holders shall be provided by the ordering Agency and
included in the Order Confirmation form. The Contractor warrants that the title shall pass to the
Agency free and clear of all liens, mortgages and encumbrances, financing statements, security
agreements, claims, and demands of any character following the Agency's Acceptance of each
bus.
SP 9. Payment
All payments shall be made as provided herein, less any additional amount withheld as provided
below and less any amounts for liquidated damages in accordance with "Liquidated Damages for
Late Delivery of the Bus."
The Agency shall make payments for buses at the unit prices itemized in the price schedule
within thirty (30) calendar days after the delivery and acceptance of each bus and receipt of a
proper invoice.
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The Agency shall make payments for spare parts and/or equipment at the unit prices itemized in
the price schedule within thirty (30) calendar days after the delivery and acceptance of said spare
parts and/or equipment and receipt of a proper invoice.
The Agency shall make a final payment for all withholding within thirty (30) calendar days of
receipt of a final proper invoice and the following:
1. Delivery and acceptance of all Contract deliverables, including manuals and other
documentation required by the Contract, excluding training.
2. Contractor provision of any certifications as required by law and/or regulations.
3. Completion of post -delivery audits required under the Contract.
SP 9.1 Invoices
Contractor shall submit invoices for all Vehicles, Spare Parts, and all equipment and other items
purchased under this Contract to the Agency thirty (30) calendar days prior to each delivery.
Payment shall be within 30 days after Acceptance of each item. Proforma invoices shall be
acceptable.
SP 9.2 Payment of Taxes
Unless otherwise provided in this Contract, the Contractor shall pay all federal, state and local
taxes, and duties applicable to and assessable against any Work, goods, services, processes and
operations incidental to or involved in the Contract, including but not limited to retail sales and
use, transportation, export, import, business and special taxes. The Contractor is responsible for
ascertaining and paying the taxes when due. The total Contract price shall include compensation
for all taxes the Contractor is required to pay by laws in effect on the Proposal Due Date. The
Contractor shall maintain auditable records, subject to the Agency reviews, confirming that tax
payments are current at all times. Each invoice for vehicles shall specifically indicate the tax
exemption for handicapped equipment (California Revenue and Taxation Code Section 6394.4).
SP 10. Delivery Schedule
The Contractor shall deliver all buses on or before the delivery date contained in the Order
Confirmation issued by each ordering agency. The Order Confirmation shall also indicate the
point of delivery as well as days and hours of delivery.
SP 11. Liquidated Damages for Late Delivery of the Bus
It is mutually understood and agreed by and between the parties to the Contract that time is of the
essence with respect to the completion of the Work and that in case of any failure on the part of
the Contractor to deliver the buses within the time specified in "Delivery Schedule," except for
any excusable delays as provided in "Excusable Delays/Force Majeure" or any extension thereof,
the Agency shall be damaged thereby. The amount of said damages, being difficult if not
impossible of definite ascertainment and proof, it is hereby agreed that the amount of such
damages due to the Agency shall be fixed at $100 per business day per bus not delivered in
substantially as good condition as inspected by the Agency at the time released for shipment.
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The Contractor hereby agrees to pay the aforementioned amounts as fixed, agreed and liquidated
damages, and not by way of penalty, to the Agency and further authorizes the Agency to deduct
the amount of the damages from money due the Contractor under the Contract, computed as
aforesaid. If the money due the Contractor is insufficient or no money is due the Contractor, then
the Contractor shall pay the Agency the difference or the entire amount, whichever may be the
case, within thirty (30) days after receipt of a written demand by the Contracting Officer.
The payment of aforesaid fixed, agreed and liquidated damages shall be in lieu of any damages
for any loss of profit, loss of revenue, loss of use, or for any other direct, indirect, special or
consequential losses or damages of any kind whatsoever that may be suffered by the Agency
arising at any time from the failure of the Contractor to fulfill the obligations referenced in this
clause in a timely manner.
SP 12. Service and Parts
SP 12.1 Contractor Service and Parts Support
The Contractor shall state on the form Contractor Service and Parts Support Data the
representatives responsible for assisting the Agency, as well as the location of the nearest
distribution center, which shall furnish a complete supply of parts and components for the repair
and maintenance of the buses to be supplied. The Contractor also shall state in its Proposal its
policy on transportation charges for parts other than those covered by warranty.
SP 12.2 Parts Availability Guarantee
The Contractor hereby guarantees to provide, within reasonable periods of time, the spare parts,
software and all equipment necessary to maintain and repair the buses supplied under this
Contract for a period of at least five (5) years after the date of acceptance. Parts shall be
interchangeable with the original equipment and shall be manufactured in accordance with the
quality assurance provisions of this Contract. Prices shall not exceed the Contractor's then -
current published catalog prices.
Where the parts ordered by the Agency are not received within two working days of the agreed-
upon time and date and a bus procured under this Contract is out of service due to the lack of
said ordered parts, then the Contractor shall provide the Agency, within eight (8) hours of the
Agency's verbal or written request, the original Suppliers' and/or manufacturers' parts numbers,
company names, addresses, telephone numbers and contact persons' names for all of the specific
parts not received by the Agency.
Where the Contractor fails to honor this parts guarantee or parts ordered by the Agency are not
received within thirty (30) days of the agreed-upon delivery date, then the Contractor shall
provide to Agency, within seven (7) days of the Agency's verbal or written request, the design
and manufacturing documentation for those parts manufactured by the Contractor and the
original Suppliers' and/or manufacturers' parts numbers, company names, addresses, telephone
numbers and contact persons' names for all of the specific parts not received by the Agency. The
Contractor's design and manufacturing documentation provided to the Agency shall be for its
sole use in regard to the buses procured under this Contract and for no other purpose.
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SP 13. Federal Motor Vehicle Safety Standards (FMVSS)
The Contractor shall submit either a manufacturer's FMVSS self -certification, Federal Motor
Vehicles Safety Standards, that the vehicle complies with relevant FMVSS or a manufacturer's
certified statement that the contracted buses shall not be subject to FMVSS regulations. One
copy of the statement shall be provided to each Agency with the delivery of the buses.
SP 14. Motor Vehicle Pollution Requirements
The Contractor shall furnish to each Agency a certification in writing with each Vehicle
delivered that:
• Vehicles shall meet Federal and California pollution requirements.
The horsepower of the Vehicle is adequate for the speed, range, and terrain in which it
shall be required to operate and meet the demands of all auxiliary power equipment.
SP 15. Insurance
The Agency recognizes that the Contractor may be a dealer whose role is warranty and service of
the vehicles. In such cases, the Contractor shall maintain in effect during the term of this
Contract, including any warranty period, at its own expense, at least the following coverage and
limits of insurance:
Statutory Workers Compensation and Employers Liability insurance and/or qualified
self-insurance program covering Supplier's employees while on Agency property.
Commercial General Liability Insurance:
• Bodily Injury and Property Damage, including Contractual Liability covering the
indemnification contained herein, $1,000,000 combined single limits per
occurrence, $5,000,000 aggregate, where applicable.
• Product liability: $1,000,000 per occurrence, for a period of five (5) years after
acceptance of the last bus delivered under this Contract (Products Liability
coverage may be effected through one or more excess liability policies).
Automobile Liability Insurance: Bodily Injury and Property Damage, $1,000,000
combined single limits per occurrence.
In addition, the vehicle manufacturer whose role is to provide the vehicle shall maintain in effect
during the term of this Contract, including any warranty period, at its own expense, at least the
following coverage and limits of insurance:
Commercial General Liability Insurance:
• Bodily Injury and Property Damage, including Contractual Liability covering the
indemnification contained herein, $1,000,000 combined single limits per
occurrence, $5,000,000 aggregate, where applicable.
• Product liability: $1,000,000 per occurrence, for a period of five (5) years after
acceptance of the last bus delivered under this Contract (Products Liability
coverage may be effected through one or more excess liability policies).
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Contractor shall deliver to the Agency, within thirty (30) days after receiving Notice of Award of
this Contract, evidence of the above. Prior to the expiration of any insurance during the time
required, the Supplier shall furnish evidence of renewal to the Agency's Contract Administrator.
SP 16. Buy America Post -Delivery Audit
Prior to delivery of the first vehicle, the Contractor shall provide documentation required to
evidence compliance with the Buy America Post -Delivery audit requirements. The
documentation shall be provided in the same format as was submitted with the Proposal.
SP 17. Interchangeability
All buses delivered under this Contract, whether provided by a Subcontractor or Supplier, or
manufactured by the Contractor, shall be duplicates in design and manufacture, and installed to
assure Interchangeability among Buses in each separate order. This Interchangeability shall
extend to the components and parts as well as to their locations in the Buses for all buses
produced during the first year of the contract.
For buses being produced during the second base year of the Contract, MBTA shall consider
changes such as product improvements on a case-by-case basis. MBTA's basic expectation for
any such change is that the new product shall perform at least as well if not better than the
original. To that end, the Contractor may be required to obtain and provide an extended
warranty at no cost for any proposed change in components.
In the event that a supplier discontinues a product during the Contract period, MBTA shall
consider a substitute product on a case-by-case basis. No substitutions are to be not without the
express written consent of MBTA. MBTA's basic expectation for any such change is that the
new product shall perform at least as well if not better than the original. To that end, the
Contractor may be required to obtain and provide an extended warranty at no cost for any
proposed change in components.
All such changes shall be processed according to the provisions of GC 8, Changes. The
Contractor shall not modify any of the listed items contained on the Technical Submittal which
was submitted with the proposal without the express written consent of MBTA.
SP 18. New Technology
The Cooperative reserves the right to add new devices to this contract that may evolve through
new technology to the resulting contract. Such additions must be for the same purpose as
equipment awarded and fall within the original scope. Such equipment shall only be added if it is
presented as an items addition by an awarded Contractor.
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SECTION 5: FEDERAL REQUIREMENTS
FR 1. Access to Records
The Contractor agrees to maintain all books, records, accounts and reports required under this
Contract for a period of not less than three years after the date of termination or expiration of this
Contract, except in the event of litigation or settlement of claims arising from the performance of
this Contract, in which case Contractor agrees to maintain same until the Agency, the FTA
Administrator, the Comptroller General or any of their duly authorized representatives have
disposed of all such litigation, appeals, claims or exceptions related thereto. Reference
49 CFR 18.39(i)(11).
The following access to records requirements apply to this Contract:
FR 1.1 Local Governments
In accordance with 49 CFR 18.36(1), the Contractor agrees to provide the Agency, the FTA
Administrator, the Comptroller General of the United States or any of their authorized
representatives access to any books, documents, papers and records of the Contractor that are
directly pertinent to this Contract for the purposes of making audits, examinations, excerpts and
transcriptions. Contractor also agrees, pursuant to 49 CFR 633.17 to provide the FTA
Administrator or his authorized representatives including any PMO Contractor access to
Contractor's records and construction sites pertaining to a major capital project, defined at
49 USC 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 USC 5307, 5309 or 5311.
FR 1.2 State Governments
In accordance with 49 CFR 633.17, the Contractor agrees to provide the Agency, the FTA
Administrator or his authorized representatives, including any PMO Contractor, access to the
Contractor's records and construction sites pertaining to a major capital project, defined at
49 USC 5302(a)1, which is receiving federal financial assistance through the programs described
at 49 USC 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less
than the simplified acquisition threshold currently set at $100,000.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
FR 2. Federal Funding, Incorporation of FTA Terms and Federal Changes
The preceding provisions include, in part, certain standard terms and conditions required by the
Department of Transportation, whether or not expressly set forth in the preceding Contract
provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F or
its successors are hereby incorporated by reference. Anything to the contrary herein
notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict
with other provisions contained in this agreement. The Contractor shall not perform any act, fail
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to perform any act or refuse to comply with any Agency requests that would cause the Agency to
be in violation of the FTA terms and conditions.
The Contractor shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference in the
Master Agreement between Agency and FTA, as they may be amended or promulgated from
time to time during the term of this Contract. Contractor's failure to so comply shall constitute a
material breach of this Contract.
FR 3. Federal Energy Conservation Requirements
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency that are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act.
FR 4. Civil Rights Requirements
The following requirements apply to the underlying Contract:
Nondiscrimination: In accordance with Title VI of the Civil Rights Act, as amended,
42 USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended,
42 USC § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC
§ 12132, and Federal transit law at 49 USC § 5332, the Contractor agrees that it shall not
discriminate against any employee or applicant for employment because of race, color,
creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply
with applicable Federal implementing regulations and other implementing requirements
FTA may issue.
2. Equal Employment Opportunity: The following equal employment opportunity
requirements apply to the underlying Contract:
(a) Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the
Civil Rights Act, as amended, 42 USC § 2000e, and Federal transit laws at
49 USC § 5332, the Contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq., (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," 42 USC § 2000e note), and with
any applicable Federal statutes, executive orders, regulations, and Federal policies
that may in the future affect construction activities undertaken in the course of the
Project. The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard
to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
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recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(b) Age: In accordance with section 4 of the Age Discrimination in Employment Act
of 1967, as amended, 29 USC §§ 623 and Federal transit law at 49 USC § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities: In accordance with section 102 of the Americans with Disabilities
Act, as amended, 42 USC § 12112, the Contractor agrees that it shall comply with
the requirements of U.S. Equal Employment Opportunity Commission,
"Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons
with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.
The Contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only if necessary to
identify the affected parties.
FR 5. No Government Obligation to Third Parties
The Agency and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the Solicitation or award of the
underlying Contract, absent the express written consent by the Federal Government, the
Federal Government is not a parry to this Contract and shall not be subject to any
obligations or liabilities to the Agency, Contractor, or any other parry (whether or not a
parry to that Contract) pertaining to any matter resulting from the underlying Contract.
2. The Contractor agrees to include the above clause in each subcontract financed in whole
or in part with Federal assistance provided by FTA. It is further agreed that the clause
shall not be modified, except to identify the Subcontractor who shall be subject to its
provisions.
FR 6. Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 USC §§ 3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying Contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying Contract or the FTA assisted project for which
this Contract Work is being performed. In addition to other penalties that may be
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applicable, the Contractor further acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
Government reserves the right to impose the penalties of the Program Fraud Civil
Remedies Act of 1986 on the Contractor to the extent the Federal Government deems
appropriate.
2. The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a Contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 USC
§ 5307, the Government reserves the right to impose the penalties of 18 USC § 1001 and
49 USC § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the Subcontractor who shall be subject to
the provisions.
FR 7. Suspension and Debarment
This Contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is
required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or
affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940
and 29.945.
The Contractor is required to comply with 49 CFR 29, Subpart C, and must include the
requirement to comply with 49 CFR 29, Subpart C, in any lower -tier covered transaction it enters
into.
By signing and submitting 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 determined that the Bidder or Proposer 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. The Bidder or Proposer
agrees to comply with the requirements of 49 CFR 29, Subpart C, while this Proposal is valid
and throughout the period of any Contract that may arise from this Proposal. The Bidder or
Proposer further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
FR 8. Disadvantaged Business Enterprise (DBE)
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs.
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The Contractor shall maintain compliance with "DBE Approval Certification" throughout the
period of Contract performance.
The Contractor shall not discriminate on the basis of race, color, national origin or sex in the
performance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this DOT -assisted Contract. Failure by the Contractor
to carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or such other remedy as the Agency deems appropriate. Each
subcontract the Contractor signs with a Subcontractor must include the assurance in this
paragraph (see 49 CFR 26.13(b)).
FR 9. Clean Water Requirements
The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et
seq. The Contractor agrees to report each violation to the Agency and understands and
agrees that the Agency shall, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
FR 10. Clean Air Requirements
1. The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401 et seq. The
Contractor agrees to report each violation to the Agency and understands and agrees that
the Agency shall, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.
2. The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
FR 11. Compliance with Federal Lobbying Policy
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 shall not and has not used federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any Agency, a
member of Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any federal Contract, grant or any other award covered by
31 USC 1352. Each tier shall also disclose the name of any registrant under the Lobbying
Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds
with respect to that federal Contract, grant or award covered by 31 USC 1352. Such disclosures
are forwarded from tier to tier up to the recipient.
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FR 12. Buy America
The Contractor agrees to comply with 49 USC 53230) and 49 CFR Part 661, which provide that
federal funds may not be obligated unless 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. A general
public interest waiver from the Buy America requirements applies to microprocessors,
computers, microcomputers, software or other such devices, which are used solely for the
purpose of processing or storing data. This general waiver does not extend to a product or device
that merely contains a microprocessor or microcomputer and is not used solely for the purpose of
processing or storing data.
Separate requirements for rolling stock are set out at 49 USC 53230)(2)(C) and 49 CFR 661.11.
Rolling stock must be assembled in the United States and have a 60 percent domestic content.
A Bidder or Proposer must submit to the Agency the appropriate Buy America Certification with
all offers on FTA -funded contracts, except those subject to a general waiver. Proposals that are
not accompanied by a properly completed Buy America certification are subject to the provisions
of 49 CFR 661.13 and may be rejected as nonresponsive.
FR 13. Testing of New Bus Models
The Contractor agrees to comply with 49 USC A 5323(c) and FTA's implementing regulation at
49 CFR Part 665 and shall perform the following:
1. A manufacturer of a new bus model or a bus produced with a major change in
components or configuration shall provide a copy of the final test report to the recipient
at a point in the procurement process specified by the recipient, which shall be prior to
the recipient's final acceptance of the first vehicle.
2. A manufacturer who releases a report under Paragraph 1 above shall provide notice to the
operator of the testing facility that the report is available to the public.
If the manufacturer represents that the vehicle was previously tested, the vehicle being
sold should have the identical configuration and major components as the vehicle in the
test report, which must be provided to the recipient prior to recipient's final acceptance of
the first vehicle. If the configuration or components are not identical, the manufacturer
shall provide a description of the change and the manufacturer's basis for concluding that
it is not a major change requiring additional testing.
4. If the manufacturer represents that the vehicle is "grandfathered" (has been used in mass
transit service in the United States before October 1, 1988, and is currently being
produced without a major change in configuration or components), the manufacturer shall
provide the name and address of the recipient of such a vehicle and the details of that
vehicle's configuration and major components.
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FR 14. Pre -Award and Post -Delivery Audits
The Contractor agrees to comply with 49 USC § 53230) and FTA's implementing regulation at
49 CFR Part 663 and to submit the following certifications:
Buy America requirements: The Contractor shall complete and submit a declaration
certifying either compliance or noncompliance with Buy America. If the recommended
Bidder/Proposer certifies compliance with Buy America, it shall submit documentation
that lists (1) component and subcomponent parts of the rolling stock to be purchased
identified by manufacturer of the parts, their country of origin and costs; and (2) the
location of the final assembly point for the rolling stock, including a description of the
activities that shall take place at the final assembly point and the cost of final assembly.
2. Solicitation specification requirements: The Contractor shall submit evidence that it
shall be capable of meeting the bid specifications.
3. Federal Motor Vehicle Safety Standards (FMVSS): The Contractor shall submit (1)
manufacturer's FMVSS self -certification, Federal Motor Vehicle Safety Standards, that
the vehicle complies with relevant FMVSS or (2) manufacturer's certified statement that
the contracted buses shall not be subject to FMVSS regulations.
FR 15. Cargo Preference
The Contractor agrees to the following:
• To use privately owned U.S.-flag commercial vessels to ship at least fifty (50) percent of
the gross tonnage (computed separately for dry bulk carriers, dry cargo liners and
tankers) involved, whenever shipping any equipment, material or commodities pursuant
to the underlying Contract to the extent such vessels are available at fair and reasonable
rates for U.S.-flag commercial vessels;
• To furnish within twenty (20) working days following the date of loading for shipments
originating within the United States or within thirty (30) working days following the date
of leading for shipments originating outside the United 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 the Contractor in the case of a Subcontractor's bill -of -lading.)
• To include these requirements in all subcontracts issued pursuant to this Contract when
the subcontract may involve the transport of equipment, material or commodities by
ocean vessel.
FR 16. Fly America
The Contractor agrees to comply with 49 USC 40118 (the "Fly America" Act) in accordance
with the General Services Administration's regulations at 41 CFR Part 301-10, which provide
that recipients and sub recipients of federal funds and their contractors are required to use U.S.
flag air carriers for U.S. government -financed international air travel and transportation of their
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personal effects or property, to the extent such service is available, unless travel by foreign air
carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit,
if a foreign air carrier was used, an appropriate certification or memorandum adequately
explaining why service by a U.S. flag air carrier was not available or why it was necessary to use
a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly
America requirements. The Contractor agrees to include the requirements of this section in all
subcontracts that may involve international air transportation.
FR 17. Contract Work Hours and Safety Standards Act
1. Overtime requirements: No Contractor or Subcontractor contracting for any part of the
Contract Work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any work week in which he or she
is employed on such Work to work in excess of 40 hours in such work week unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages: In the event of any
violation of the clause set forth in paragraph 1 of this section, the Contractor and any
Subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such
Contractor and Subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth
in paragraph 1 of this section, in the sum of $10 for each calendar day on which such
individual was required or permitted to work in excess of the standard work week of 40
hours without payment of the overtime wages required by the clause set forth in
paragraph 1 of this section.
3. Withholding for unpaid wages and liquidated damages: The Morongo Basin Transit
Authority shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
monies payable on account of work performed by the Contractor or Subcontractor under
any such contract or any other Federal contract with the same Prime Contractor, or any
other federally -assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same Prime Contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such Contractor or Subcontractor for unpaid wages
and liquidated damages as provided in the clause set forth in paragraph 2 of this section.
4. Subcontracts: The Contractor or Subcontractor shall insert in any subcontracts the
clauses set forth in paragraphs 1 through 4 of this section and also a clause requiring the
Subcontractors to include these clauses in any lower tier subcontracts. The Prime
Contractor shall be responsible for compliance by any Subcontractor or lower -tier
Subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.
FR 18. ADA Access
The Contractor and any of its Subsuppliers under this Contract agree to comply with all
applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§
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12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49
USC § 5301(d); and the following regulations and any amendments thereto:
1. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49
CFR Part 37;
2. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27;
3. Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S.
ATBCB)/U.S. DOT regulations, "American With Disabilities (ADA) Accessibility
Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38;
4. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability
in State and Local Government Services," 28 CFR Part 35;
5. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 CFR Part 36;
6. General Services Administration regulations, "Accommodations for the Physically
Handicapped," 41 CFR Subpart 101-19;
7. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630;
8. Federal Communications Commission regulations, "Telecommunications Relay Services
and Related Customer Premises Equipment for Persons with Disabilities," 47 CFR Part
64, Subpart F;
9. FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part
609;
10. U.S. ATBCB regulations, "Electronic and Information Technology Accessibility
Standards," 36 CFR Part 1194; and
11. Any implementing requirements FTA may issue.
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SECTION 6: TECHNICAL SPECIFICATIONS
TSL GENERAL
Technical specifications define requirements for accessible transit/paratransit vehicles are
contained in Appendix A-1 through A-4 which are embedded at that section.
Appendix A-1 Cutaway Specifications
Appendix A-2 Minivan Specifications
Appendix A-3 Large Cutaway Specifications
Appendix A-4 Low Floor Cutaway Specifications
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SECTION 7: WARRANTY REQUIREMENTS
WR 1. Basic Provisions
WR 1.1 Warranty Requirements
WR 1.1.1 Contractor Warranty
Warranties in this document are in addition to any statutory remedies or warranties imposed on
the Contractor. Consistent with this requirement, the Contractor warrants and guarantees to the
original Agency each complete bus and specific subsystems and components as follows.
Performance requirements based on design criteria shall not be deemed a warranty item.
WR 1.1.2 Complete Bus
The complete bus, propulsion system, components, major subsystems and body and chassis
structure are warranted to be free from Defects and Related Defects for years or
miles, whichever comes first, beginning on the date of revenue service but not longer than 15
days after acceptance under "Inspection, Testing, Acceptance and Repairs." The warranty is
based on regular operation of the bus under the operating conditions prevailing in the Agency's
locale. [Information from the selected firm(s) will be inserted at time of Contract award.]
WR 1.1.3 Body and Chassis Structure
Body, body structure, structural elements of the suspension and engine cradle are warranted to be
free from Defects and Related Defects for X years or XXX miles, whichever comes first.
[Information from the selected firm(s) will be inserted at time of Contract award.]
Primary load -carrying members of the bus structure, including structural elements of the
suspension, are warranted against corrosion failure and/or Fatigue Failure sufficient to cause a
Class 1 or Class 2 Failure for a period of X years or XXX miles, whichever comes first.
[Information from the selected firm(s) will be inserted at time of Contract award.]
WR 1.1.4 Propulsion System
Propulsion system components, specifically the engine, transmission or drive motors, and
generators (for hybrid technology) and drive and non -drive axles shall be warranted to be free
from Defects and Related Defects for the standard X years or XXX miles, whichever comes first.
The propulsion system manufacturer's standard warranty, delineating items excluded from the
Extended Warranty, submitted in accordance with the Request for Pre -Offer Change.
[Information from the selected firm(s) will be inserted at time of Contract award.]
WR 1.1.5 Emission Control System (ECS)
The Contractor warrants the emission control system for five years or 100,000 miles, whichever
comes first. The ECS shall include, but is not limited to, the following components:
• complete exhaust system, including catalytic converter (if required)
• after -treatment device
• components identified as emission control devices
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WR 1.1.6 Warranty Summary including Subsystems
Other subsystems shall be warranted to be free from Defects and Related Defects for the period
shown below: [Information from the selected firm(s) will be inserted at time of Contract award.]
Item Years Mileage
Body Structure
Chassis
Engine
Transmission
Air Conditioner
Lift/Ramp
Other Optional Features
WR 1.1.7 Extension of Warranty
If, during the warranty period, repairs or modifications on any bus are made necessary by
defective design, materials or workmanship but are not completed due to lack of material or
inability to provide the proper repair for thirty (30) calendar days, the applicable warranty period
shall be extended by the number of days equal to the delay period.
WR 1.2 Voiding of Warranty
The warranty shall not apply to the failure of any part or component of the bus that directly
results from misuse, negligence, accident or repairs not conducted in accordance with the
Contractor -provided maintenance manuals and with workmanship performed by adequately
trained personnel in accordance with recognized standards of the industry. The warranty also
shall be void if the Agency fails to conduct normal inspections and scheduled preventive
maintenance procedures as recommended in the Contractor's maintenance manuals and if that
omission caused the part or component failure. The Agency shall maintain documentation,
auditable by the Contractor, verifying service activities in conformance with the Contractor's
maintenance manuals.
WR 1.3 Exceptions and Additions to Warranty
The warranty shall not apply to the following items:
• scheduled maintenance items
• normal wear -out items
• items furnished by the Agency
Should the Agency require the use of a specific product and has rejected the Contractor's request
for an alternate product, then the standard Supplier warranty for that product shall be the only
warranty provided to the Agency. This product shall not be eligible under "Fleet Defects,"
below.
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The Contractor shall not be required to provide warranty information for any warranty that is less
than or equal to the warranty periods listed.
WR 1.3.1 Pass -Through Warranty
Should the Contractor elect to not administer warranty claims on certain components and wish to
transfer this responsibility to the sub -Suppliers, or to others, the Contractor shall request this
waiver.
Contractor shall state in writing that the Agency's warranty reimbursements shall not be
impacted. The Contractor also shall state in writing any exceptions and reimbursement including
all costs incurred in transport of vehicles and/or components. At any time during the warranty
period, the Contractor may request approval from the Agency to assign its warranty obligations
to others, but only on a case-by-case basis approved in writing by the Agency. Otherwise, the
Contractor shall be solely responsible for the administration of the warranty as specified.
Warranty administration by others does not eliminate the warranty liability and responsibility of
the Contractor.
WR 1.3.2 Superior Warranty
The Contractor shall pass on to the Agency any warranty offered by a component Supplier that is
superior to that required herein. The Contractor shall provide a list to the Agency noting the
conditions and limitations of the Superior Warranty not later than the start of production. The
Superior Warranty shall not be administered by the Contractor.
WR 1.4 Fleet Defects
WR 1.4.1 Occurrence and Remedy
A Fleet Defect is defined as cumulative failures of three (3) of the same components in the same
or similar application where the fleet size is fewer than twelve (12) buses where such items are
covered by warranty. Where the fleet size is twelve (12) or more buses, a Fleet Defect is defined
as twenty-five (25) percent of the same components in the same or similar application where
such items are covered by warranty. A Fleet Defect shall apply only to the base warranty period
in sections entitled "Complete Bus," "Propulsion System" and "Major Subsystems." When a
Fleet Defect is declared, the remaining warranty on that item/component stops. The warranty
period does not restart until the Fleet Defect is corrected.
For the purpose of Fleet Defects, each order placed through the Local Government Purchasing
Schedule shall be treated as a separate bus fleet.
The Contractor shall correct a Fleet Defect under the warranty provisions defined in "Repair
Procedures." After correcting the Defect, the Agency and the Contractor shall mutually agree to
and the Contractor shall promptly undertake and complete a work program reasonably designed
to prevent the occurrence of the same Defect in all other buses and spare parts purchased under
this Contract. Where the specific Defect can be solely attributed to particular identifiable part(s),
the work program shall include redesign and/or replacement of only the defectively designed
and/or manufactured part(s). In all other cases, the work program shall include inspection and/or
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correction of all of the buses in the fleet via a mutually agreed -to arrangement. The Contractor
shall update, as necessary, technical support information (parts, service and operator's manuals)
due to changes resulting from warranty repairs. The Agency may immediately declare a Defect
in design resulting in a safety hazard to be a Fleet Defect. The Contractor shall be responsible to
furnish, install and replace all defective units.
WR 1.4.2 Exceptions to Fleet Defect Provisions
The Fleet Defect warranty provisions shall not apply to Agency -supplied items, such as radios,
fare collection equipment, communication systems and tires. In addition, Fleet Defects shall not
apply to interior and exterior finishes, hoses, fittings and fabric.
WR 2. Repair Procedures
WR 2.1 Repair Performance
The Contractor is responsible for all warranty -covered repair Work. To the extent practicable,
the Agency shall allow the Contractor or its designated representative to perform such Work. At
its discretion, the Agency may perform such Work if it determines it needs to do so based on
transit service or other requirements. Such Work shall be reimbursed by the Contractor.
WR 2.2 Repairs by the Contractor
If the Agency detects a Defect within the warranty periods defined in this section, it shall, within
thirty (30) days, notify the Contractor's designated representative. The Contractor or its
designated representative shall, if requested, begin Work on warranty -covered repairs within five
calendar days after receiving notification of a Defect from the Agency. The Agency shall make
the bus available to complete repairs timely with the Contractor's repair schedule.
The Contractor shall provide at its own expense all spare parts, tools and space required to
complete repairs. At the Agency's option, the Contractor may be required to remove the bus
from the Agency's property while repairs are being affected. If the bus is removed from the
Agency's property, repair procedures must be diligently pursued by the Contractor's
representative.
WR 2.3 Repairs by the Agency
WR 2.3.1 Parts Used
If the Agency performs the warranty -covered repairs, it shall correct or repair the Defect and any
Related Defects utilizing parts supplied by the Contractor specifically for this repair. At its
discretion, the Agency may use Contractor -specified parts available from its own stock if
deemed in its best interests.
WR 2.3.2 Contractor -Supplied Parts
The Agency may require that the Contractor supply parts for warranty -covered repairs being
performed by the Agency. Those parts may be remanufactured but shall have the same form, fit
and function, and warranty. The parts shall be shipped prepaid to the Agency from any source
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selected by the Contractor within fourteen (14) days of receipt of the request for said parts and
shall not be subject to an Agency handling charge.
WR 2.3.3 Defective Component Return
The Contractor may request that parts covered by the warranty be returned to the manufacturing
plant. The freight costs for this action shall be paid by the Contractor. Materials should be
returned in accordance with the procedures outlined in "Warranty Processing Procedures."
WR 2.3.4 Failure Analysis
The Contractor shall, upon specific request of the Agency, provide a failure analysis of Fleet
Defect or safety-related parts, or major components, removed from buses under the terms of the
warranty that could affect fleet operation. Such reports shall be delivered within 60 days of the
receipt of failed parts.
WR 2.3.5 Reimbursement for Labor and Other Related Costs
The Agency shall be reimbursed by the Contractor for labor. The amount shall be determined by
the Agency for a qualified mechanic at a straight time wage rate per hour, which shall include
fringe benefits and overhead adjusted for the Agency's most recently published rate in effect at
the time the Work is performed, plus the cost of towing the bus if such action was necessary and
if the bus was in the normal service area. These wage and fringe benefit rates shall not exceed
the rates in effect in the Agency's service garage at the time the Defect correction is made.
WR 2.3.6 Reimbursement for Parts
The Agency shall be reimbursed by the Contractor for defective parts and for parts that must be
replaced to correct the Defect. The reimbursement shall be at the current price at the time of
repair and shall include taxes where applicable, plus fifteen (15) percent handling costs.
Handling costs shall not be paid if part is supplied by Contractor and shipped to Agency.
WR 2.3.7 Reimbursement Requirements
The Contractor shall respond to the warranty claim with an accept/reject decision including
necessary failure analysis no later than sixty (60) days after the Agency submits the claim and
defective part(s), when requested. Reimbursement for all accepted claims shall occur no later
than sixty (60) days from the date of acceptance of a valid claim. The Agency may dispute
rejected claims or claims for which the Contractor did not reimburse the full amount. The parties
agree to review disputed warranty claims during the following quarter to reach an equitable
decision to permit the disputed claim to be resolved and closed. The parties also agree to review
all claims at least once per quarter throughout the entire warranty period to ensure that open
claims are being tracked and properly dispositioned.
WR 2.4 Warranty after Replacement/Repairs
If any component, unit or subsystem is repaired, rebuilt or replaced by the Contractor or by the
Agency with the concurrence of the Contractor, the component, unit or subsystem shall have the
unexpired warranty period of the original. Repairs shall not be warranted if the Contractor -
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provided or authorized parts are not used for the repair, unless the Contractor has failed to
respond within five days, in accordance with "Repairs by the Contractor."
If an item is declared to be a Fleet Defect, the warranty stops with the declaration of the Fleet
Defect. Once the Fleet Defect is corrected, the item(s) shall have three (3) months or remaining
time and/or miles of the original warranty, whichever is greater. This remaining warranty period
shall begin on the repair/replacement date for corrected items on each bus if the repairs are
completed by the Contractor or on the date the Contractor provides all parts to the Agency.
WR 2.4.1 Warranty Processing Procedures
The following list represents requirements by the Contractor to the Agency for processing
warranty claims. One failure per bus per claim is allowed.
• bus number and VIN
• total vehicle life mileage at time of repair
• date of failure/repair
• acceptance/in-service date
• Contractor part number and description
• description of failure
• all costs associated with each failure/repair (invoices may be required for third -parry
costs):
• towing
• road calls
• labor
• materials
• parts
• handling
• troubleshooting time
WR 2.5 Forms
The Contractor shall supply warranty forms to each Ordering Agency. The completed forms
shall be accepted by the Contractor if all of the above information is included. Electronic
submittal may be used if available between the Contractor and Agency.
WR 2.6 Return of Parts
When returning defective parts to the Contractor, the Agency shall tag each part with the
following:
• bus number and VIN
• claim number
• part number
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WR 2.7 Timeframe
Each claim must be submitted no more than thirty (30) days from the date of failure and/or
repair, whichever is later. All defective parts must be returned to the Contractor, when requested,
no more than forty-five (45) days from date of repair.
WR 2.8 Reimbursements
Reimbursements are to be transmitted to the address provided by the Agency.
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SECTION 8: QUALITY ASSURANCE
QA 1. Contractor's In -Plant Quality Assurance Requirements
QA 1.1 Quality Assurance Organization
QA 1.1.1 Organization Establishment
The Contractor shall establish and maintain an effective in -plant quality assurance organization.
It shall be a specifically defined organization and should be directly responsible to the
Contractor's top management.
QA 1.1.2 Control
The quality assurance organization shall exercise quality control over all phases of production,
from initiation of design through manufacture and preparation for delivery. The organization
shall also control the quality of supplied articles.
QA 1.1.3 Authority and Responsibility
The quality assurance organization shall have the authority and responsibility for reliability,
quality control, inspection planning, establishment of the quality control system, and
acceptance/rejection of materials and manufactured articles in the production of the transit buses.
QA 1.2 Quality Assurance Organization Functions
QA 1.2.1 Minimum Functions
The quality assurance organization shall include the following minimum functions:
Work instructions: The quality assurance organization shall verify inspection operation
instructions to ascertain that the manufactured product meets all prescribed requirements.
Records maintenance: The quality assurance organization shall maintain and use records
and data essential to the effective operation of its program. These records and data shall
be available for review by the resident inspectors. Inspection and test records for this
procurement shall be available for a minimum of one year after inspections and tests are
completed.
Corrective action: The quality assurance organization shall detect and promptly ensure
correction of any conditions that may result in the production of defective transit buses.
These conditions may occur in designs, purchases, manufacture, tests or operations that
culminate in defective supplies, services, facilities, technical data or standards.
QA 1.2.2 Basic Standards and Facilities
The following standards and facilities shall be basic in the quality assurance process:
• Configuration control: The Contractor shall maintain drawings, assembly procedures, and
other documentation that completely describe a qualified bus that meets all of the options
and special requirements of this procurement. The quality assurance organization shall
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verify that each transit bus is manufactured in accordance with these controlled drawings,
procedures, and documentation.
• Measuring and testing facilities: The Contractor shall provide and maintain the necessary
gauges and other measuring and testing devices for use by the quality assurance
organization to verify that the buses conform to all specification requirements. These
devices shall be calibrated at established periods against certified measurement standards
that have known, valid relationships to national standards.
• Production tooling as media of inspection: When production jigs, fixtures, tooling
masters, templates, patterns, and other devices are used as media of inspection, they shall
be proved for accuracy at formally established intervals and adjusted, replaced, or
repaired as required to maintain quality.
• Equipment use by resident inspectors: The Contractor's gauges and other measuring and
testing devices shall be made available for use by the resident inspectors to verify that the
buses conform to all specification requirements. If necessary, the Contractor's personnel
shall be made available to operate the devices and to verify their condition and accuracy.
QA 1.2.3 Maintenance of Control
The Contractor shall maintain quality control of purchases:
Supplier control: The Contractor shall require that each Supplier maintains a quality
control program for the services and supplies that it provides. The Contractor's quality
assurance organization shall inspect and test materials provided by Suppliers for
conformance to specification requirements. Materials that have been inspected, tested,
and approved shall be identified as acceptable to the point of use in the manufacturing or
assembly processes. Controls shall be established to prevent inadvertent use of
nonconforming materials.
Purchasing data: The Contractor shall verify that all applicable specification requirements
are properly included or referenced in purchase orders of articles to be used on transit
buses.
QA 1.2.4 Manufacturing Control
• Controlled conditions: The Contractor shall ensure that all basic production operations, as
well as all other processing and fabricating, are performed under controlled conditions.
Establishment of these controlled conditions shall be based on the documented Work
instructions, adequate production equipment and special working environments if
necessary.
• Completed items: A system for final inspection and test of completed transit buses shall
be provided by the quality assurance organization. It shall measure the overall quality of
each completed bus.
• Nonconforming materials: The quality assurance organization shall monitor the
Contractor's system for controlling nonconforming materials. The system shall include
procedures for identification, segregation and disposition.
• Statistical techniques: Statistical analysis, tests and other quality control procedures may
be used when appropriate in the quality assurance processes.
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• Inspection status: A system shall be maintained by the quality assurance organization for
identifying the inspection status of components and completed transit buses.
Identification may include cards, tags or other normal quality control devices.
QA 1.2.5 Inspection System
The quality assurance organization shall establish, maintain and periodically audit afully
documented inspection system. The system shall prescribe inspection and test of materials, Work
in process and completed articles. As a minimum, it shall include the following controls:
Inspection personnel: Sufficient trained inspectors shall be used to ensure that all
materials, components and assemblies are inspected for conformance with the qualified
bus design.
Inspection records: Acceptance, rework or rejection identification shall be attached to
inspected articles. Articles that have been accepted as a result of approved materials
review actions shall be identified. Articles that have been reworked to specified drawing
configurations shall not require special identification. Articles rejected as unsuitable or
scrap shall be plainly marked and controlled to prevent installation on the bus. Articles
that become obsolete as a result of engineering changes or other actions shall be
controlled to prevent unauthorized assembly or installation. Unusable articles shall be
isolated and then scrapped. Discrepancies noted by the Contractor or resident inspectors
during assembly shall be entered by the inspection personnel on a record that
accompanies the major component, subassembly, assembly, or bus from start of assembly
through final inspection. Actions shall be taken to correct discrepancies or deficiencies in
the manufacturing processes, procedures or other conditions that cause articles to be in
nonconformity with the requirements of the Contract specifications. The inspection
personnel shall verify the corrective actions and mark the discrepancy record. If
discrepancies cannot be corrected by replacing the nonconforming materials, then the
Agency shall approve the modification, repair or method of correction to the extent that
the Contract specifications are affected.
Quality assurance audits: The quality assurance organization shall establish and maintain
a quality control audit program. Records of this program shall be subject to review by the
Agency.
QA 2. Inspection
QA 2.1 Inspection Stations
Inspection stations shall be at the best locations to provide for the Work content and
characteristics to be inspected. Stations shall provide the facilities and equipment to inspect
structural, electrical, hydraulic and other components and assemblies for compliance with the
design requirements.
Stations shall also be at the best locations to inspect or test characteristics before they are
concealed by subsequent fabrication or assembly operations. These locations shall minimally
include underbody structure completion, body framing completion, body prior to paint
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preparation, water test, engine installation completion, underbody dress -up and completion, bus
prior to final paint touchup, bus prior to road test and bus final road test completion.
QA 2.2 Optional Resident Inspectors
For orders greater than ten (10) buses, the Ordering Agency shall determine if a Resident
Inspector is required under 49 CFR Part 663.37, In the event that the agency decides to have a
Resident Inspector either full time or part-time, the following sections apply.
QA 2.2.1 Resident Inspector's Role
The Agency may be represented at the Contractor's plant by resident inspectors, as may be
required by FTA. Resident inspectors may be Agency employees or outside contractors. The
Agency shall provide the identity of each inspector and shall also identify their level of authority
in writing. They shall monitor, in the Contractor's plant, the manufacture of transit buses built
under the procurement. The presence of these resident inspectors in the plant shall not relieve the
Contractor of its responsibility to meet all of the requirements of this procurement. The Agency
shall designate a primary resident inspector, whose duties and responsibilities are delineated in
"Pre -Production Meetings," "Authority" and "Pre -Delivery Tests," below. Contractor and
resident inspector relations shall be governed by the guidelines included as Attachment A to this
"Section 8: Quality Assurance."
QA 2.2.2 Pre -Production Meetings
If there are Pre -Production Meetings scheduled, the primary resident inspector may participate in
design review and pre -production meetings with the Agency. At these meetings, the
configuration of the buses and the manufacturing processes shall be finalized, and all Contract
documentation provided to the inspector.
No less than thirty (30) days prior to the beginning of bus manufacture, the primary resident
inspector may meet with the Contractor's quality assurance manager and may conduct a pre-
production audit meeting. They shall review the inspection procedures and finalize inspection
checklists. The resident inspectors may begin monitoring bus construction activities two weeks
prior to the start of bus fabrication.
QA 2.2.3 Authority
Records and data maintained by the quality assurance organization shall be available for review
by the resident inspectors. Inspection and test records for this procurement shall be available for
a minimum of one year after inspections and tests are completed.
The Contractor's gauges and other measuring and testing devices shall be made available for use
by the resident inspectors to verify that the buses conform to all specification requirements. If
necessary, the Contractor's personnel shall be made available to operate the devices and to verify
their condition and accuracy.
Discrepancies noted by the resident inspector during assembly shall be entered by the
Contractor's inspection personnel on a record that accompanies the major component,
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subassembly, assembly or bus from start of assembly through final inspection. Actions shall be
taken to correct discrepancies or deficiencies in the manufacturing processes, procedures or other
conditions that cause articles to be in nonconformity with the requirements of the Contract
specifications. The inspection personnel shall verify the corrective actions and mark the
discrepancy record. If discrepancies cannot be corrected by replacing the nonconforming
materials, the Agency shall approve the modification, repair or method of correction to the extent
that the Contract specifications are affected.
If applicable, the primary resident inspector shall remain in the Contractor's plant for the
duration of bus assembly Work under this Contract. Only the primary resident inspector or
designee shall be authorized to release the buses for delivery. The resident inspectors shall be
authorized to approve the pre -delivery acceptance tests. Upon request to the quality assurance
supervisors, the resident inspectors shall have access to the Contractor's quality assurance files
related to this procurement. These files shall include drawings, assembly procedures, material
standards, parts lists, inspection processing and reports, and records of Defects.
QA 2.2.4 Support Provisions
The Contractor shall provide office space for the resident inspectors in close proximity to the
final assembly area. This office space shall be equipped with desks, outside and interplant
telephones, Internet access, file cabinet and chairs.
QA 2.2.5 Compliance with Safety Requirements
At the time of the Pre -Production meeting, the Contractor shall provide all safety and other
operational restrictions that govern the Contractor's facilities. These issues shall be discussed
and the parties shall agree which rules/restrictions shall govern the Agency's inspectors) and
any other Agency representatives during the course of the Contract.
QA 3. Acceptance Tests
QA 3.1 Responsibility
Fully documented tests shall be conducted on each production bus following manufacture to
determine its acceptance to the Agency. These acceptance tests shall include pre -delivery
inspections and testing by the Contractor and inspections and testing by the Agency after the
buses have been delivered.
QA 3.2 Pre -Delivery Tests
The Contractor shall conduct acceptance tests at its plant on each bus following completion of
manufacture and before delivery to the Agency. These pre -delivery tests shall include visual and
measured inspections, as well as testing the total bus operation. The tests shall be conducted and
documented in accordance with written test plans approved by the Agency.
Additional tests may be conducted at the Contractor's discretion to ensure that the completed
buses have attained the required quality and have met the requirements in Section 6: Technical
Specifications. The Agency may, prior to commencement of production, demand that the
Contractor demonstrate compliance with any requirement in that section if there is evidence that
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prior tests have been invalidated by the Contractor's change of Supplier or change in
manufacturing process. Such demonstration shall be by actual test, or by supplying a report of a
previously performed test on similar or like components and configuration. Any additional
testing shall be recorded on appropriate test forms provided by the Contractor and shall be
conducted before acceptance of the bus.
The pre -delivery tests shall be scheduled and conducted with thirty (30) days notice so that they
may be witnessed by the resident inspectors, who may accept or reject the results of the tests.
The results of pre -delivery tests, and any other tests, shall be filed with the assembly inspection
records for each bus. The underfloor equipment shall be available for inspection by the resident
inspectors, using a pit or bus hoist provided by the Contractor. A hoist, scaffold or elevated
platform shall be provided by the Contractor to easily and safely inspect bus roofs. If there is an
on-site inspector, delivery of each bus shall require written authorization of the primary resident
inspector. Authorization forms for the release of each bus for delivery shall be provided by the
Contractor. An executed copy of the authorization shall accompany the delivery of each bus.
QA 3.2.1 Visual and Measured Inspections
Visual and measured inspections shall be conducted with the bus in a static condition. The
purpose of the inspection testing includes verification of overall dimension and weight
requirements, that required components are included and are ready for operation, and that
components and subsystems designed to operate with the bus in a static condition do function as
designed.
QA 3.2.2 Total Bus Operation
Total bus operation shall be evaluated during road tests. The purpose of the road tests is to
observe and verify the operation of the bus as a system and to verify the functional operation of
the subsystems that can be operated only while the bus is in motion.
Each bus shall be driven for a minimum of fifteen (15) miles during the road tests. If requested,
computerized diagnostic printouts showing the performance of each bus shall be produced and
provided to the Agency. Observed Defects shall be recorded on the test forms. The bus shall be
retested when Defects are corrected and adjustments are made. This process shall continue until
Defects or required adjustments are no longer detected.
QA 4. Agency -Specific Requirements
QA 4.1 Pre -Delivery Bus Documentation Package (BDP)
The Contractor's quality assurance organization shall be responsible for preparing a
documentation package for each Bus. The BDP shall be inserted into a manila envelope which
shall be labeled with the Agency name and the bus number on the front of the envelope. This
envelope shall be placed into the Bus and shall be presented to the Agency upon delivery.
At a minimum, each BDP shall contain the following items:
• BDP Check -off Sheet listing the following:
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• QA Certificate of Completion (signed by Contractor QC representative).
• CNG pressure test certification —if applicable
• Water test Certification.
• Alignment and Steering Stop Adjustment Certification.
• Smoke Opacity Test (Exhaust Emissions), if applicable.
• "Completed Bus" Inspection document.
• Copy of defects noted during any Agency on-site inspection.
• List of "Open Items"- if any
• VIN number (copy of bus data plate)
• Certificate of Origin
• Weight slip (curb weight)
• Certificate of compliance for high voltage/energy storage protective devices, if
applicable.
• Copy of FMVSS plate
• Component Serial Number List - List of serialized components installed on each Bus to
include, but not limited to:
o Engine
o Transmission
o Alternator
o Starter
o A/C Compressor
o Drive Axle
o Power Steering Unit
o Air Compressor
o CNG Fuel Cylinders with installation location diagram.
o Other serialized components for which the Contractor shall require serial numbers
for the processing of warranty claims.
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SECTION 9: FORMS AND CERTIFICATIONS
CER 1. Proposer's Checklist
RFP No. 11-03, For Development of a Local Government Purchasing Schedule
Accessible Transit/Paratransit Vehicles
Package 1: Technical Proposal (Note: Package 1, 3 and 4 may be combined into one
submittal.)
❑
1. Letter of Transmittal
❑
2. Acknowledgement of Addenda
❑
3. Contractor Service and Support Data
❑
4. Vehicle Questionnaire
❑
5. Manufacturing facility plant layout including description of work by station
❑
6. Warranty Provisions and Warranty Administration Plan
❑
7. Quality Assurance Program
Packs a 2: Price Proposal (Package 2 must be a separate sealed submittal.)
❑
1. Letter of Transmittal
❑
2. Pricing Schedule (including option bus features)
Packs a 3: Qualifications Package
❑
1. Pre -Award Evaluation Data Form
❑
2. Authorized Factory Dealer Confirmation
❑
3. A copy of the three (3) most recent audited financial statements or a statement from
the Proposer regarding how financial information may be reviewed by the Agency
❑
4. Letter for insurance
❑
5. Proposal Form
❑
6. Required Certifications
Package 4: Proprietary/Confidential Information Packs et
❑ 1 1. Proprietary/Confidential Information
1. There may be items in the first three packages that are included in Package 4 because they are considered to be
proprietary/confidential information. when this occurs, the Proposer must note that fact in Packages 1 through 3.
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CER 2. Request for Pre -Offer Change or Approved Equal
This form must be used for requested clarifications, changes, substitutes or approval of items
equal to items specified with a brand name and must be submitted as far in advance of the Due
Date, as specified in "Questions, Clarifications and Omissions."
Morongo Basin Transit Authority
REP No. 11-03, Development of a Local Government Purchasing Schedule
Accessible Transit/Paratransit Vehicles
Request #:
Proposer:
REP Section:
Page:
Questions/clarification or approved equal:
Agency action: El Approved ❑ Denied
❑ See addendum ❑ See response below
Agency response:
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CER 3. Acknowledgement of Addenda
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered
nonresponsive to the Solicitation. Acknowledged receipt of each addendum must be clearly
established and included with the Proposal.
The undersigned acknowledges receipt of the following addenda to the documents:
Addendum No.:
— Dated:
Addendum No.:
— Dated:
Addendum No.:
— Dated:
Addendum No.:
— Dated:
Proposer:
Name:
Title:
Phone:
Street address:
City, state, ZIP:
Authorized signature
Date
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CER 4. Contractor Service and Parts Support Data
Location of nearest Technical Service Representative to Agency
Name:
Address:
Telephone:
Describe technical services readily available from said representative:
Location of nearest Parts Distribution Center to Agency:
Name:
Address:
Telephone:
Describe the extent of parts available at said center:
Policy for delivery of parts and components to be purchased for service and
maintenance:
Regular method of shipment:
Cost to Agency:
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CER 5. Pricing Schedule
The Pricing Schedule is contained in the embedded document is an Excel Spreadsheet containing
the Pricing Schedule. Each Proposer is to complete the appropriate spreadsheet tabs, print and
return an original with a "wet signature" with the required proposal forms. Proposers are to also
provide the other copies as required in NR 3, Proposal Date and Submittal Requirements.
Ukj-
RFP 11-03
Attachment C Pricing
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CER 6. Pre -Award Evaluation Data Form
Instructions: This form is to be completed and included in the Qualification Package.
Attach additional pages if required.
Morongo Basin Transit Authority
RFP No. 11-03 for Development of a Local Government Purchasing Schedule Accessible
Transit/Paratransit Vehicles
1. Name of firm:
2. Address:
3. o Individual o Partnership o Corporation o Joint Venture
4. Date organized:
State in which incorporated:
5. Names of officers or partners:
a.
b.
C.
d.
6. How long has your firm been in business under its present name?
7. Have you been terminated or defaulted in the past five years, on any Contract you were awarded? Have you
been barred by Federal process or any Western State?
❑ Yes o No
If yes, then attach as SCHEDULE ONE the full particulars regarding each occurrence.
8. Attach as SCHEDULE TWO Proposer's last three (3) financial statements prepared in accordance with
generally accepted accounting principles of the jurisdiction in which the Proposer is located, and audited by
an independent certified public accountant; or a statement from the Proposer regarding how financial
information may be reviewed by the Agency [This may require execution of an acceptable non -disclosure
agreement between the Agency and the Proposer.]
9. Attach as SCHEDULE THREE a list of all principal Subcontractors (if applicable) and the percentage and
character of Work (Contract amount) that each shall perform on this Contract. Note: A subcontractor is one
that physically works on manufacturing the bus.
10. If the Contractor or Subcontractor is a joint venture, submit PRE -AWARD EVALUATION DATA forms
for each member of the joint venture.
The above information is confidential and shall not be divulged to any unauthorized personnel.
The undersigned certifies to the accuracy of all information:
Name and title:
Company:
Authorized signature Date
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CER 7. Federal Certifications and Other Certifications
CER 1.1 Buy America Certification
This form is to be submitted with an offer exceeding the small purchase threshold for federal
assistance programs, currently set at $100,000.
Certificate of Compliance
The Proposer hereby certifies that it shall comply with the requirements of 49 USC Section
53230)(2)(C), Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
amended, and the regulations of 49 CFR 661.11:
Name and title:
Company:
Authorized signature Date
Certificate of Non -Compliance
The Proposer hereby certifies that it cannot comply with the requirements of 49 USC Section
53230)(2)(C) and Section 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
amended, but may qualify for an exception to the requirements consistent with 49 USC
Sections 53230)(2)(B) or 0)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation
Assistance Act, as amended, and regulations in 49 CFR 661.7.
Name and title:
Company:
Authorized signature Date
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CER 1.2 Debarment and Suspension Certification for Prospective Contractor
Primary covered transactions must be completed by proposer for contract value over $25,000.
Choose one alternative:
El — The Proposer, [insert name], certifies to the best of its knowledge and belief that it
and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
2. Have not within a three-year period preceding this Proposal been convicted of or had
a civil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal,
state or local) transaction or Contract under a public transaction; violation of federal or
state antitrust statutes or commission or embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in Paragraph 2 of this certification; and
4. Have not within a three-year period preceding this Proposal had one or more public
transactions (federal, state or local) terminated for cause or default.
K'
El — The Proposer is unable to certify to all of the statements in this certification, and
attaches its explanation to this certification. (In explanation, certify to those
statements that can be certified to and explain those that cannot.)
The Proposer certifies or affirms the truthfulness and accuracy of the contents of the
statements submitted on or with this certification and understands that the provisions of
Title 31 USC § Sections 3801 are applicable thereto.
— Executed in [insert city and state].
Name:
Authorized signature
Date
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CER 1.3 Debarment and Suspension Certification (Lower -Tier Covered Transaction)
This form is to be submitted by each Subcontractor receiving an amount exceeding $25,000.
The prospective lower -tier participant (Proposer) certifies, by submission of this Proposal, that
neither it nor its "principals" as defined at 49 CFR § 29.105(p) is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or Agency.
If the prospective Proposer is unable to certify to the statement above, it shall attach an
explanation, and indicate that it has done so by placing an "X" in the following space:
THE PROPOSER, ,
CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF EACH
STATEMENT OF ITS CERTIFICATION AND EXPLANATION, IF ANY. IN
ADDITION, THE PROPOSER UNDERSTANDS AND AGREES THAT THE
PROVISIONS OF 31 USC §§ 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND
EXPLANATION, IF ANY.
Name and title of the proposer's authorized official:
Authorized signature Date
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CER 1.4 Non -Collusion Affidavit
This affidavit is to be filled out and executed by the Proposer; if a corporation makes the bid,
then by its properly executed agent. The name of the individual swearing to the affidavit should
appear on the line marked "Name of Affiant." The affiant's capacity, when a partner or officer of
a corporation, should be inserted on the line marked "Capacity." The representative of the
Proposer should sign his or her individual name at the end, not a partnership or corporation
name, and swear to this affidavit before a notary public, who must attach his or her seal.
State of _ County of
I, , being first duly sworn, do hereby state that
(Name of Affiant)
I am of
(Capacity) (Name of Firm, Partnership or Corporation)
whose business is
and who resides at
and that
(Give names of all persons, firms, or corporations interested in the bid)
is/are the only persons) with me in the profits of the herein contained Contract; that the Contract is made without
any connection or interest in the profits thereof with any persons making any bid or Proposal for said Work; that
the said Contract is on my part, in all respects, fair and without collusion or fraud, and also that no members of
the Board of Trustees, head of any department or bureau, or employee therein, or any employee of the Authority,
is directly or indirectly interested therein.
Signature of Affiant Date
Sworn to before me this day of _ --,20--.
Notary pubfic My commission expires Seal
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CER 1.5 Lobbying Certification
This form is to be submitted with an offer exceeding $100,000.
The Proposer certifies, to the best its knowledge and belief, that:
No federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of a federal department or agency, a
member of the U.S. Congress, an officer or employee of the U.S. Congress, or an employee of a member of the
U.S. Congress in connection with the awarding of any federal Contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment or modification thereof.
2. If any funds other than federal appropriated funds have been paid or shall be paid to any person for making
lobbying contacts to an officer or employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with this federal Contract, grant, loan or
cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to
Report Lobbying," in accordance with its instruction, as amended by "Government -wide Guidance for New
Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96).
The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material
representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by 315
USC § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil 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 EACH STATEMENT OF ITS CERTIFICATION AND
DISCLOSURE, IF ANY. IN ADDITION, THE PROPOSER UNDERSTANDS AND AGREES THAT THE
PROVISIONS OF 31 USC §§ 3801 ET SEQ. APPLY TO THIS CERTIFICATION AND DISCLOSURE, IF
ANY.
Name of the bidder or Proposer's authorized official:
Title:
Signature
Date
Per paragraph 2 of the included form Lobbying Certification, add Standard Form LLL,
"Disclosure Form to Report Lobbying," if applicable.
83
Request for Proposal
September 30, 2011
RFP No. 11-03
CER 1.6 Certificate of Compliance with Bus Testing Requirement
The undersigned certifies that the vehicle offered in this procurement complies and shall, when
delivered, comply with 49 USC § 5323(c) and FTA's implementing regulation at 49 CFR Part
665 according to the indicated one of the following three alternatives.
Mark one and only one of the three blank spaces with an "X."
1. The buses offered herewith have been tested in accordance with 49 CFR Part 665
on (date). If multiple buses are being proposed, provide additional bus
testing information below or on attached sheet. The vehicles being sold should have the
identical configuration and major components as the vehicle in the test report, which
must be submitted with this Proposal. If the configuration or components are not
identical, then the manufacturer shall provide with its Proposal a description of the
change and the manufacturer's basis for concluding that it is not a major change
requiring additional testing. If multiple buses are being proposed, testing data on
additional buses shall be listed on the bottom of this page.
2. The manufacturer represents that the vehicle is "grandfathered" (has been used in
mass transit service in the United States before October 1, 1988, and is currently being
produced without a major change in configuration or components), and submits with this
Proposal the name and address of the recipient of such a vehicle and the details of that
vehicle's configuration and major components.
3. The vehicle is a new model and shall be tested and the results shall be submitted
to the Agency prior to acceptance of the first bus.
The undersigned understands that misrepresenting the testing status of a vehicle acquired with
federal financial assistance may subject the undersigned to civil penalties as outlined in the
Department of Transportation's regulation on Program Fraud Civil Remedies, 49 CFR Part 31.
In addition, the undersigned understands that FTA may suspend or debar a manufacturer under
the procedures in 49 CFR Part 29.
Company name:
Name and title of the proposer's authorized official:
Authorized signature
Date
84
Request for Proposal
September 30, 2011
RFP No. 11-03
CER 1.7 DBE Approval Certification
I hereby certify that the Proposer has complied with the requirements of 49 CFR 26,
Participation by Disadvantaged Business Enterprises in DOT Programs, and that its goals have
not been disapproved by the Federal Transit Administration.
Name and title of the proposer's authorized official:
Authorized signature
Date
85
Request for Proposal
September 30, 2011
RFP No. 11-03
CER 1.8 Federal Motor Vehicle Safety Standards
The Proposer and (if selected) Contractor shall submit (1) manufacturer's FMVSS self -
certification sticker information that the vehicle complies with relevant FMVSS or (2)
manufacturer's certified statement that the contracted buses shall not be subject to FMVSS
regulations.
Company name:
Name of signer:
Title:
Authorized signature
Date
86
Request for Proposal
September 30, 2011
RFP No. 11-03
CER 1.9 Proposal Form
NOTE: The following is an example of a Proposal form to be modified as appropriate by
the Agency and included in the RFP.
Proposer shall complete the following form and include it in the price Proposal.
'C60 .
By execution below by a duly authorized representative(s) of the Proposer, the Proposer hereby
offers to furnish equipment and services as specified in its Proposal submitted to MBTA in
response to Request for Proposal No. Development of a Local Government Purchasing Schedule
Accessible Transit/Paratransit Vehicles in its entirety.
Proposer:
Street address:
City, state, ZIP:
Name and title of Authorized Signer(s):
Name and title of Authorized Signer(s):
Phone:
Authorized signature Date
Authorized signature Date
87
Request for Proposal
September 30, 2011
RFP No. 11-03
CER 1.10 Notice of Award
By execution below, Morongo Basin Transit Authority accepts Proposal as indicated above.
Contracting officer:
Authorized signature
Date
88
Request for Proposal
September 30, 2011
RFP No. 11-03
CER 8. Vehicle Questionnaire
The Vehicle Questionnaire is contained in the embedded document which is an Excel
Spreadsheet. Each Proposer is to complete the appropriate spreadsheet tabs, print and return an
original with a "wet signature" with the required proposal forms. Proposers shall also provide
the required Warranty Provisions. Proposers are to also provide the other copies as required in
NR 3, Proposal Date and Submittal Requirements. This form must be completed and included in
the Technical Proposal.
951
Vehicle
Questionnaire. xlsx
89
Request for Proposal
September 30, 2011
RFP No. 11-03
SECTION 10: CONTRACT
1. Contract Documents and Order of Precedence
The Contract consists of the documents listed below. In case of any conflict among these
documents, the order of precedence shall be:
1. Form of Contract
2. "Section 4: Special Conditions"
3. "Section 3: General Conditions," and "Section 5: Federal Requirements"
4. "Section 6: Technical Specifications," "Section 7: Warranty Requirements," and
"Section 8: Quality Assurance"
5. Contractor's Best and Final Offer (including Contractor Proposal)
6. Addenda
7. RFP No. 11-03
A modification or change to any Contract document shall take its precedence from the term it
amends. All other documents and terms and conditions shall remain unchanged.
2. Compensation
The Local Government Purchasing Schedule is Attachment 1 to this Contract. Each ordering
Agency shall pay the Contractor the amount shown on the Ordering Confirmation Form as full
compensation for all costs and expenses of completing the Work in accordance with the
Contract, including but not limited to all labor and material required, overhead, storage and
shipping, risks and obligations, taxes (as applicable), fees and profit, and any unforeseen costs.
3. Contract Term and Period of Performance
The effective date of this Contract shall be the effective date set forth in the Notice to Proceed
(NTP). The Contractor shall provide vehicles under the Schedule for a period of two (2) years
after the effective date of the Contract, upon receipt of the NTP.
4. Notices
Any Notice legally required to be given by one parry to another under the Contract shall be in
writing, dated and signed by the parry giving such Notice or by a duly authorized representative
of such party.
Notices shall not be effective unless transmitted by any method that provides confirmation of
transmission and delivery, such as fax, certified mail or registered mail and addressed to:
To Agency:
Mr. Joe Meer, General Manager
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
90
Request for Proposal
September 30, 2011
RFP No. 11-03
[Insert Contractor name, address and point of contact]
5. Entire Agreement
This Contract constitutes the complete and entire agreement between the Agency and Contractor
and supersedes any prior representations, understandings, communications, commitments,
agreements or Proposals, oral or written, that are not incorporated as a part of the Contract.
Contractor name
Signature of authorized official
(Print or type name and title)
Date
Tax ID number
Agency name
Signature of authorized official
(Print or type name and title)
Date
Approved as to form by:
Insert name and title
91
Attachment 1 - Local Government Purchasing Schedule
[INSERT PRICING SCHEDULE]
Request for Proposal
September 30, 2011
RFP No. 11-03
92
SECTION 11: APPENDIXES
Appendix A-1: Cutaway Specifications
RFP 11-03
Attachment A-1 Cuta
Request for Proposal
September 30, 2011
RFP No. 11-03
93
Appendix A-2 - Minivan Specifications
RFP 11-03
Attachment A-2 Miniv
Request for Proposal
September 30, 2011
RFP No. 11-03
94
Appendix A-3 - Large Cutaway Specifications
RFP #11-03
Attachment A-3 Med
Request for Proposal
September 30, 2011
RFP No. 11-03
95
Appendix A-4 — Low Floor Cutaway Specifications
t]
RFP 11-03
Attachment A-4 LOW
Request for Proposal
September 30, 2011
RFP No. 11-03
96
Appendix B: Visual Inspection and Road Test Forms
Guide for Inspection:
The Following Items Should Be Inspected
on Every Coach of Each Order
Coach Manufacturer
Coach Number
Test Location
Request for Proposal
September 30, 2011
RFP No. 11-03
ITEM
REQUIREMENT
N
RESULT
INSPBEAC1�T0
REMARKS/NOTES
INSTRU TTO
Cub
Maximum curb
Measure on
Weight
Weight
weight of lb.
certified scale
FMVSS
Affixed to vehicle
Locate sticker
Pass/Fail
Stickers
Finish and
Smooth body
Visually inspect
Pass/Fail
Color
surfaces and paint
all surfaces for
flaws
Interior
Absence of rough
Visually inspect
Pass/Fail
Panel
edges or surfaces
for proper
Fastening
installation
Towing
Provision of
Verify presence
Pass/Fail
Devices
towing eyes
of towing eyes
(front/rear)
Door
Opening time of
Verify door
Pass/Fail
Cntrol
sec.
opening time
frame
Interior
Lighting operable
Switch on all
Pass/Fail
Lighting
without engine
interior lights
Exterior
All vehicle lights
Switch on and
Pass/Fail
Lighting
operable
verify lamps are
on
Fuel Tank
r for
Pass/Fail
Pnnd
andte
Chassis
Welds, axles,
Inspect for leaks,
Pass/Fail
suspension,
and interference.
steering, wheels,
Check fluid
and brakes
levels, welds,
undercoating, air
lines, brake
slack, and lug
nuts
Electrical
Wiring and
Inspect for loose
Pass/Fail
'unction boxes
or stretched
97
Request for Proposal
September 30, 2011
RFP No. 11-03
98
0
wires
00
Batteries
Secured and
Inspect
Pass/Fail
polarized wiring]access
compartment and
for jumpumper
cable
start
access
HVAC
Capacity and
Operate AC,
Pass/Fail
performance
check
compressor,
condenser, flow,
and temperature
Wheelchair
Clear lift or ramp
Operate lift or
Pass/Fail
Access
access, and
ramp, inspect
securement area
operation,
measure areas
Power
Mounting and
Check for loose
Pass/Fail
Plant
arrangement
lines, leaks, and
noises. Check
fluid levels, belt
alignment, and
cap fit
98
SAMPLE ROAD TEST SHEET
Guide for Inspection:
The Following Items Should Be Inspected
on Every Coach of Each Order
Coach Manufacturer
Coach Number
Test Location
Request for Proposal
September 30, 2011
RFP No. 11-03
ITEM
REQUIREMENT
IXSPECTIOX
RESULT
INSDATE R
REMARKS/
INSTRUCTION
OTES
Engine
N/A
Record low idle,Low
fast idle, and
Fast
high idle speeds
High
Service
Stopping distance
Verify function
Pass/Fail
Brakes
and indicator,
check for pulling
to either side
Parking
N/A
Verify indicator,
Pass/Fail
Brake
and no
movement
Turning
Steering wheel
Check effort with
Pass/Fail
Effort
torque
coach stopped
Turning
Not to exceed at
Verify turning
Pass/Fail
Radius
corner of body
radius in both
directions
Acceleration
rate from 0 to
Verify
Pass/Fail
mph
acceleration on
smooth road
Resonance
Absence of
Operate coach at
Pass/Fail
audible and/or
various speeds,
visible vibrations
check for
vibrations and
rattles
Windshield
Evenly deposited
Operate coach at
Pass/Fail
Wipers
wash fluid
safe speed over
40 mph, check
coverage,
parking position,
and wiper
frequency
Power Plant
N/A
Check for leaks
Pass/Fail
under coach an d
in engine
F1
compartment,
check for
99
Request for Proposal
September 30, 2011
RFP No. 11-03
Signature of Inspector Date
100
Dabnormalnoises
00
HVAC
Interior
Operate system,
Int.
temperature
check internal
and ambient
Amb.
temp.
Door
Accelerator and
At speeds less
Pass/Fail
Control
brake interlocks
than 10 mph,
verify accelerator
and brake
interlocks with
door open
General
N/A
During testing,
Pass/Fail
observe any
abnor-malities in
ride and handling
of coach
Signature of Inspector Date
100
Appendix C, CalTrans Vehicle Inspecation Report
ETA SECTION SNll
VEHICLE INSPECTION REPORT
AGENCY INFORMATION
1. Date of Agency Inspection
2. Agency Name
3. Address
4. City/State/Zip Code
5. On-site Contact Person
Request for Proposal
September 30, 2011
RFP No. 11-03
Date of last Agency Inspection
Phone
6. Cell phone Number Email Address Fax
VEHICLE INFORMATION
7. Date of Last CHP Inspection* ❑ Reviewed CHP Report
*(indicate N/A if grantee is not required to undergo CHP inspections)
8. CHP Terminal Rating
9. Where are the vehicles stored?
10. License No.
11. Odometer Reading
10a. Year/Make/Model
l la. Standard Agreement No
12. VINNo.
VEHICLE CONDITION
13. Exterior: ❑ Excellent ❑ Good ❑ Average ❑ Poor Comments
14. Interior: ❑ Excellent ❑ Good ❑ Average ❑ Poor Comments
15. Body Damage: ❑ Yes ❑ No If Yes, describe?
Are the following operational? Indicate Yes or No. Space for additional comments is provided
on page 2, item # 28.
101
16. Tum Signals/Hazard ❑ Yes ❑ No
18. Windshield Wipers ❑ Yes ❑ No
20. Brake Lights ❑ Yes ❑ No
No
22. Air conditioner ❑ Yes ❑ No
24. Stepwell Light Floor ❑ Yes ❑ No
Current)
26. First Aid Kit ❑ Yes ❑ No
28. Overall comments on vehicle condition:
1.1.1.1.1 ACCESSIBILITY EQUIPMENT
29. Wheelchair Lift or Ramp (circle one)
29b. Is the lift or ramp operational ❑ Yes ❑ No
Are the following operational? Indicate Yes or No.
29c. Interlock System ❑ Yes ❑ No
Yes ❑ No
29f. Number of Tiedown Positions
Request for Proposal
September 30, 2011
RFP No. 11-03
17. Headlights ❑ Yes ❑ No
19. Tires (condition)
21. Backup Lights/ Backup Sound ❑ Yes ❑
23. Heater ❑ Yes ❑ No
25. Fire Extinguisher ❑ Yes ❑ No (Date
27. Emergency Triangles ❑ Yes ❑ No
29a. Indicate make of Lift or Ramp
If no, describe problem:
29d. Wheelchair Lift Light ❑ Yes ❑ No 29e. Tiedowns ❑
30. Comments on accessibility equipment:
31. Number of Seats
(Condition)
32. Radio Equipped ❑ Yes ❑ No
29g. Number of Tiedowns 29h.. Conditon of Tiedowns
MISCELLANEOUS
31a. Seatbelts ❑ Yes ❑
33. Cellular Phone ❑ Yes ❑ No
34. Have any modifications been made to the vehicle? ❑ Yes ❑ No If yes, please explain:
102
Request for Proposal
September 30, 2011
RFP No. 11-03
34a. If so, did you receive Caltrans approval? ❑ Yes ❑ No
35. Is vehicle lettered with name of organization or logo per California Vehicle Code? ❑ Yes ❑ No If no,
please explain.
36. If the bus or lowered floor mini -van is 1988 or newer, was it purchased in accordance with the Federal Bus
Testing Law
(49 CFR, Part 665)? ❑ Yes ❑ No If no, please explain.
Agency Representative:
DTR:
Date:
Date:
103
Request for Proposal
September 30, 2011
RFP No. 11-03
Appendix D, References
SAE #
Title
Date
Published
J10
— Methods of Test for Paints - Part J10: Determination of Deposition
— Sep 15,
Efficiency of Coating Powders
1998
— J211
— Instrumentation for Impact Test Part 2: Photographic
— May 1,
Instrumentation
2001
— J287
— Driver Hand Control Reach
— Feb 1,
2007
— J366
— Exterior Sound Level for Heavy Trucks and Buses
— Feb 1,
1987
— J382
— Windshield Defrosting Systems Performance Requirements -
— Jan 1,
Trucks, Buses, and Multipurpose Vehicles.
1994
— J534
— Lubrication Fittings
— May 1,
2008
— J537
— Storage Batteries
— Sep 1,
2000
— J541
— Voltage Drop for Starting Motor Circuits
— Oct 1,
1996
— J587
— License Plate Illumination Devices (Rear Registration Plate
— Sep 1,
Illumination Devices)
2003
— J593
— Backup Lamps (Reversing Lamps)
— Sep 1,
2005
— J673
— Automotive Safety Glasses
— Oct 1,
2005
— J680
— Location and Operation of Instruments and Controls in Motor Truck
— Sep 1,
Cabs, Recommended Practice
1988
— J686
— Motor Vehicle License Plates
— Oct 1,
1999
— J689
— Curbstone Clearance, Approach, Departure, and Ramp Breakover
— Aug 1,
Angles Passenger Car and Light Truck
2009
— J833
— Human Physical Dimensions
— May 1,
2003
— J844
— Nonmetallic Air Brake System Tubing
— Nov 1,
2004
— J941
— Motor Vehicle Drivers' Eye Locations
— Mar 1,
2010
— J994
— Alarm Backup Electric Laboratory Performance Testing
— Mar 1,
104
Request for Proposal
September 30, 2011
RFP No. 11-03
105
2009
— J1050
— Describing and Measuring the Driver's Field of View
— Jan 1,
2003
— J1113
— Electromagnetic Compatibility Component Test Procedure Part 42,
— Oct 1,
Conducted Transient Emissions
2006
— J1127
— Low Voltage Battery Cable
— Mar 1,
2010
— J1128
— Low Voltage Primary Cable
— Dec 1,
2005
— J1149
— Metallic Air Brake System Tubing and Pipe
— Aug 1,
2007
— J1292
— Automobile and Motor Coach Wiring
— Jan 1,
2008
— J1455
— Recommended Environmental Practices for Electronic Equipment
— Jun 1,
Design in Heavy -Duty Vehicle Applications
2006
— J1587
— Joint SAE/TMC Electronic Data Interchange between
— Jan 1,
Microcomputer Systems in Heavy -Duty Vehicle Applications,
1996
Recommended Practice
— J1708
— Serial Data Communications Between Microcomputer Systems in
— Oct 1,
Heavy -Duty Vehicle Applications
2008
— J1986
— Balance Weight and Rim Flange Design Specifications, Test
— Jan 1,
Procedures, and Performance Recommendations
2006
— J1939
— Data Link Layer
— Dec 1,
2006
— J1995
— Engine Power Test Code - Spark Ignition and Compression Ignition
— Jun 1,
- Gross Power Rating, Standard;
1990
— J2402
— Road Vehicles Symbols for Controls, Indicators, and Tell -tales
— Jan 1,
2010
— J2711
— Recommended Practice for Measuring Fuel Economy and
— Sept 1,
Emissions of Hybrid -Electric and Conventional Heavy -Duty
2002
Vehicles
105
Request for Proposal
September 30, 2011
RFP No. 11-03
Appendix E, Abbreviation and Acronyms
A/C air conditioning
ABS anti-lock braking system
AC alternating current
ACQ alkaline copper quaternary
ADA Americans with Disabilities Act
Ah amp hour
ALR auto -locking retractor
APA The Engineered Wood Association, formerly the American Plywood Association
APC automatic passenger counter
APTA American Public Transportation Association
ASTM ASTM International, formerly the American Society for Testing and Materials
ATC automatic traction control
AVE automatic vehicle location
AWG American Wire Gauge
BASO Best and Final Offer
BMS Battery Management System
BRT bus rapid transit
CARB California Air Resources Board
CCS climate control system
CCTV closed-circuit television
elm cubic feet per minute
CGA Compressed Gas Association
CNG compressed natural gas
dB decibel
DBE disadvantaged business enterprise
DC direct current
DDU driver display unit
DEE diesel exhaust fluid
DOT Department of Transportation
DPE diesel particulate filter
ECM Engine Control and Monitoring
ECS emission control system
ELR emergency locking retractor
EMI electromagnetic interference
EPA Environmental Protection Agency
ESS energy storage system
EEA Finite Element Analysis
FEMA failure mode effects analysis
FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulations
FMVSS Federal Motor Vehicle Safety Standards
FTA Federal Transit Administration
GAWR gross axle weight rated
106
Request for Proposal
September 30, 2011
RFP No. 11-03
GPS global positioning system
GVW gross vehicle weight
GVWR gross vehicle weight rated
H -point hip -point
HDS hybrid drive system
HMI human -machine interface
HSC hybrid system controller
HV high voltage
HVAC heating, ventilation and air conditioning
UO input/output
IEEE Institute of Electrical and Electronics Engineers
ISO International Standards Organization
LEL LED emergency light
LV low voltage
mA milliampere
MDT mobile data terminal
MPa mega -Pascal
NC normally closed
NEPA National Fire Protection Association
NGV natural gas vehicle
NOx nitrogen oxide
NO normally open
NTP notice to proceed
OEM original equipment manufacturer
OSI Open Systems Interconnect
PA public address
PMO project management oversight
PPU primary propulsion unit
PPU prime power init
PPV price per vehicle
PRD pressure relief device
psi pounds per square inch
RE radio frequency
REI radio frequency interference
RTC real-time clock
SAE SAE International, formerly the Society of Automotive Engineers
scf standard cubic feet
SEW seated load weight
SOC state of change
UL Underwriters Laboratories
UNECE United Nations Economic Commission for Europe
VDC volts of direct current
Wh watt-hours
VIN vehicle information number
107
MBTA CONTRACT # 11-03 AZ
AGREEMENT REGARDING PURCHASE OF PARATRANSIT VEHICLES.
THIS AGREEMENT is made and entered into on May 15, 2012 between and
among A -Z BUS SALES, INC., a California corporation, with its principal place of
business located at 1900 South Riverside Avenue, Colton, California
("SELLER"), and MORONGO BASIN TRANSIT AUTHORITY ("MBTA"). SELLER
and MBTA may be referred to herein individually as "Party" or collectively as
"Parties."
RECITALS
WHEREAS, MBTA, by its Request for Proposals #011-03, duly advertised
for written proposals to be submitted on or before 11:30 a.m. on December 14,
2011 for the purchase of Paratransit Vehicles ("BUSES") on behalf of the
California Association for Coordinated Transportation ("CALACT") by the MBTA;
and
WHEREAS, the MBTA's RFP is attached hereto as Exhibit "A", and is
incorporated herein by reference as if set forth in full; and
WHEREAS, SELLER submitted a sealed bid in response to MBTA's
Notice Inviting Proposals; and
WHEREAS, after it was determined that SELLER was the successful
responsive and responsible bidder; and
WHEREAS, SELLER's proposal in response to MBTA's Notice Inviting
Proposals is attached hereto as Exhibit "B", and is incorporated herein by
reference as if set forth in full; and
WHEREAS, the MBTA Board of Directors has authorized the General
Manager via Resolution to award contracts and accept SELLER'S bid through
agreement by and between SELLER and MBTA upon the terms and conditions
set forth herein; and
WHEREAS, MBTA has fully complied with all federal, state, and local laws
governing the public bidding process for the purchase of the BUSES;
NOW, THEREFORE, incorporating the foregoing recitals herein, for
and in consideration of the promises and of the mutual covenants and
agreements herein contained, SELLER and MBTA hereby agree as follows:
1. CONTRACT DOCUMENTS. This Agreement, along with all
Exhibits referenced herein, and including without limitation, all documents
referenced in said Exhibits shall hereinafter be referred to as the "Contract
Documents." In the event of any conflict, the Contract Documents, including
specifically RFP #11-03 and any addendums thereto, shall take priority in
interpreting the respective rights and obligations of the Parties created by this
Agreement. Any contract, agreement, or other document subsequently created
by any Party in connection with a purchase order issued pursuant to this
Agreement and which changes or otherwise modifies the terms and conditions
set forth in the Contract Documents shall not be valid without the prior written
approval of both of the Parties to this Agreement.
2. DESCRIPTION OF BUSES PURCHASED. SELLER hereby
agrees that it shall sell the BUSES manufactured by ARBOC Mobility, Braun,
Elkhart and Glaval as more particularly described in RFP #11-03 (attached
hereto as Exhibit "B") to any and all CalAct/MBTA participants who desire to
purchase such BUSES from SELLER. BUSES are to be vehicles with less than
4000 miles and that have never been previously registered.
3. CONTRACT PRICING. SELLER hereby agrees to sell such
BUSES as more particularly described in RFP #11-03 (attached hereto as Exhibit
"B") under the terms and conditions set forth in RFP #11-03.
4. DELIVERY. SELLER shall deliver F.O.B. per terms and conditions
of MBTA RFP #11-03 Section SP 7.4 and as proposed.
5. PAYMENT BY COOPERATIVE PARTICIPANTS. SELLER shall
collect payment from CalAct/MBTA participants within thirty (30) days after the
delivery and acceptance of the BUSES by the participant, and a receipt of an
invoice thereof, per RFP #11-03, Section SP 9.1 and 9.2.
6. NO ASSIGNMENT. Neither this Agreement, nor any interest in it,
may be assigned or transferred by any Party without the prior written consent of
all of the Parties to this Agreement.
7. NO ATTORNEYS' FEES. If litigation is required to enforce or
interpret the provisions of this Agreement, neither SELLER nor the Cooperative
shall be entitled to an award of attorneys' fees or costs, but shall be entitled to
any other relief to which it may be entitled by law.
8. MODIFICATION. This Agreement may be modified only in a
writing approved by the MBTA Board and signed by all Parties.
9. GOVERNING LAW. The laws of the State of California will govern
the validity of this Agreement, its interpretation and performance. Any litigation
arising in any way from this Agreement shall be brought in San Bernardino
County, California.
10. NO WAIVER OF DEFAULT. The failure of any Party to enforce
against another party any provision of this Agreement shall not constitute a
waiver of that party's right to enforce such a provision at a later time, and shall
not serve to vary the terms of this Agreement.
11. FURTHER ASSURANCES. Each Party shall execute and deliver
such papers, documents, and instruments, and perform such acts as are
necessary or appropriate, to implement the terms of this Agreement and the
intent of the parties to this Agreement.
12. BINDING EFFECT; CONTEXT, COUNTERPARTS. Subject to
Paragraph 6, the rights and obligations of this Agreement shall inure to the
benefit of, and be binding upon, the parties to the contract and their heirs,
administrators, executors, personal representatives, successors and assigns.
Whenever the context so requires, the masculine gender and includes the
feminine and neuter, and the singular number includes the plural. This
Agreement may be executed in any number of counterparts, each of which shall
be considered as an original and be effective as such.
13. NON-INTEREST. No officer or employee of the MBTA shall hold
any interest in this Agreement (California Government Code section 1090).
14. CORPORATE AUTHORITY. Each individual signing this
Agreement on behalf of an entity represents and warrants that he or she is
respectively, duly authorized to sign on behalf of the entity and to bind the entity
fully to each and all of the obligations set forth in this Agreement.
15. INDEMNIFICATION. SELLER shall indemnify, defend, and hold
harmless MBTA, its officers, agents and employees against any and all liability,
claims, actions, causes of action or demands whatsoever against them, or any of
them, before administrative or judicial tribunals of an kind whatsoever, arising out
of, connected with, or caused by SELLER'S employees, agents, independent
contractors, companies, or subcontractors in the performance of, or in any way
arising from, the terms and provisions of this Agreement whether or not caused
in part by a party indemnified hereunder, except for MBTA's sole active
negligence or willful misconduct.
16. WARRANTY. The BUSES are warranted by SELLER to be new
and to be free from defects in material and workmanship pursuant to and in
accordance with those certain manufacturer's warranties collectively attached
hereto as Exhibit "B", and as submitted in response to RFP 11-03 by SELLER
and incorporated herein by reference as if set forth in full. During said warranty
periods, the BUSES shall maintain structural and functional integrity. The
warranty is based on regular operation under operating conditions prevailing in
the purchaser's operating area.
17. WARRANTY OF FITNESS. SELLER hereby warrants that the
BUSES and all materials furnished shall meet the requirements and conditions of
the Contract Documents and shall be fit for the purposes intended. Acceptance
of this warranty and acceptance the BUSES and materials to be manufactured or
assembled pursuant to the specifications in these Contract Documents shall not
waive any warranty, either express or implied.
18. NOTICE. All notices relative to this Agreement shall be given in
writing and shall be personally served or sent by certified or registered mail and
be effective upon depositing in the United States mail. The Parties shall be
addressed as follows, or at any other address designated by proper notice:
META: Joe Meer
General Manager
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, CA 92252
SELLER: Ed King
Director of Sales
A -Z BUS SALES, INC.
1900 South Riverside Avenue
Colton, CA 92324
19. EXECUTION. This Agreement is effective upon execution by both
Parties. It is the product of negotiation and all parties are equally responsible for
authorship of this Agreement. Section 1654 of the California Civil Code shall not
apply to the interpretation of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
date first above written.
A -Z BUS SALES, INC.,
a corporation
Morongo Basin Transit Authority
By
By
Ed King, Director of Sales Marketin
JoW, General Manager
AMENDMENTS
MBTA CONTRACT NO. 11-03 — CBS
THIS AMENDMENT is made and entered into on_, ri y &f? IJ -between and among
CREATIVE BUS SALES, INC., (Creative) a California corporation, with its principal place of
business located at 13501 Benson Street, Chino, California ("SELLER"), and
MORONGO BASIN TRANSIT AUTHORITY ("MBTA").
RECITALS
WHEREAS, MBTA, by its Request for Proposals #011-03, duly advertised for written
proposals to be submitted on or before 11:30 a.m. on December 14, 2011 for the purchase of
Paratransit Vehicles ('BUSES') on behalf of the California Association for Coordinated
Transportation ("CALACT") bythe MBTA; and
WHEREASthe parties entered into an AGREEMENT, MTBA Contract
No.11-03-CBS on May 10, 2012; and
WHEREAS the AGREEMENT was for a two-year base period with two one-year
options; and
WHEREAS MBTA Board of Directors has by resolution authorized the General
Manager to exercise Cooperative contracts and options;
NOW THEREFORE BE IT RESOLVED incorporating the foregoi ng recitals herein, for
and in consideration of the promises and of the mutual covenants and
agreements herein contained, SELLER and MBTA hereby agree as follows:
1. Per Section SP -3, Period of Performance, the period of contract performance is
extended to exercise the first one-year option. The new Period of Performance is extended
through March 23, 2015.
2. Per Section SP -5.3, Vehicle and Optional Feature Pricing, the price of the vehicles
and of the optional features for each option period shall be the unit price established in the
initial Schedule adjusted by PPI 1413 as stipulated in the Contract. GC 8.2 of the original
contract allows MBTA to obtain changes from the contractor by making notice in writing, and
therefore; For November 2014 through March 2015, MBTA and SELLER agree to use a
weighted average of PPI 1413 as calculated in the attached schedule of pricing. For the
second one-year period, the price increase is 4.52%. The new pricing is attached to this
Amendment and shall become effective for orders placed on or after March 23, 2015.
INWITNESS WHEREOF, the Parties have executed this Agreement as of the datefirst
above written.
CREATIVE BUS SALES, INC.,
a California corporation
MORONGO BASIN TRANSIT AUTHORITY
Tony Mati"evitch, President
Joe Wer, General Manager
AMENDMENT3
MBTA CONTRACT NO. 11-03 — AZ
THIS AMENDMENT is made and entered into on, sRu_�t3 }epi between and among A-
Z BUS SALES, INC., (A -Z) a California corporation, with its principal place of business
located at 1900 South Riverside Avenue, Colton, California ("SELLER"), and MORONGO
BASIN TRANSIT AUTHORITY ("MBTA").
RECITALS
WHEREAS, MBTA, by its Request for Proposals #011-03, duly advertised for written
proposals to be submitted on or before 11:30 a.m. on December 14, 2011 for the purchase of
Paratransit Vehicles ('BUSES") on behalf of the California Association for Coordinated
Transportation ("CALACT") bythe MBTA; and
WHEREASthe parties entered into an AGREEMENT, MTBA Contract No.;
1 -03 -AZ on May 15, 2012; and
WHEREAS the AGREEMENT was for a two-year base period with two one-year
options; and
WHEREAS MBTA Board of Directors has authorized the General Manager via
Resolution to exercise Cooperative contracts and options;
NOW THEREFORE BE IT RESOLVED incorporating the foregoing recitals herein, for
and in consideration of the promises and of the mutual covenants and
agreements herein contained, SELLER and MBTA hereby agree as follows:
1. Per Section SP -3, Period of Performance, the period of contract performance is
extended to exercise the first one-year option. The new Period of Performance is extended
through March 23, 2016.
2. Per Section SP -5.3, Vehicle and Optional Feature Pricing, the price of the vehicles
and of the optional features for each option period shall be the unit price established in the
initial Schedule adjusted by PPI 1413 as stipulated in the Contract. GC 8.2 of the original
contract allows MBTA to obtain changes from the contractor by making notice in writing, and
therefore; For November 2014 through March 2015, MBTA and SELLER agree to use a
weighted average of PPI 1413 as calculated in the attached schedule of pricing. For the
second one-year period, the price increase is 4.52%. The new pricing is attached to this
Amendment and shall become effective for orders placed on or after March 23, 2015.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the datefirst
above written.
A -Z BUS SALES, INC.,
a corporation
MORONGO BASIN TRANSIT AUTHORITY
y
Leo fovato, ice Presi ent of Sales
J Meer, General Manager