HomeMy WebLinkAbout2026-01-27 - AGENDA REPORTS - PURCHASE OF THREE HYDROGEN BUSESO
Agenda Item: 8
CITY OF SANTA CLARITA
.` AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: January 27, 2026
SUBJECT: NEW FLYER OF AMERICA CONTRACT FOR THE PURCHASE
AND DELIVERY OF THREE NEW HYDROGEN FUEL CELL
TRANSIT BUSES
DEPARTMENT: Economic Development
PRESENTER: Adrian Aguilar
RECOMMENDED ACTION
City Council:
Approve the "piggyback" purchase of three zero emission hydrogen fuel cell local buses,
inclusive of taxes, tariffs, tools, training, and spare parts, from New Flyer of America using
the California Association for Coordinated Transportation/Morongo Basin Transit Authority
joint procurement contract number 23-01, for a total contract amount not to exceed
$5,724,856.
2. Authorize the City Manager or designee to execute all contracts and associated documents
and modify the awardees in the event of project withdrawal or abandonment, subject to City
Attorney approval.
BACKGROUND
Santa Clarita Transit has a fleet replacement program that meets the Federal Transit
Administration's (FTA) twelve-year life cycle for local transit vehicles. Three of the City of
Santa Clarita's (City) local buses have reached the end of their useful life and are scheduled to be
replaced.
As required by state law, the City Council adopted the City Zero Emissions Transition Plan
(Plan) in late 2020. The Plan serves as a road map for the City to comply with the state mandate
that requires the City to have a 100 percent zero -emission bus fleet by 2040. Replacing buses at
the end of their useful life with zero -emission buses allows the City to continue to improve fleet
reliability and reduce emissions; and gives the City access to new vehicle designs and technology
that will improve the customer experience. The recommended action would also bring the City in
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alignment with the desired capital replacement schedule where approximately one -twelfth of the
transit fleet is scheduled for replacement each fiscal year.
The use of "piggyback" purchasing allows the City to place orders against a competitively
awarded public agency contract. The City intends to purchase three zero emission hydrogen fuel
cell buses through the California Association for Coordinated Transportation/Morongo Basin
Transit Authority vehicle purchasing cooperative, which allows the City, as a member, to take
advantage of an existing process. The use of purchasing cooperatives is common within the
transit industry and is a practice accepted by the FTA. Purchasing buses through this method
expedites the purchasing process and ensures competitive pricing. Under this cooperative
agreement, product specifications were identified and prices were negotiated based on the total
projected participation of the cooperative members, rather than just the vehicles scheduled to be
purchased by the City.
As an added measure, staff conducted a price analysis to ensure the proposed pricing is within
industry standards and is the most advantageous to the City.
Upon approval by the City Council, the City will be able to take advantage of state incentive
programs for the purchase of zero -emission buses, replace a number of aging buses that have
reached the end of their useful life, and implement the latest engine technology.
These buses are tentatively scheduled for delivery in the Fall of 2027.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Adequate funds to implement the recommended action are contained within the City of Santa
Clarita's adopted Fiscal Year 2025-26 budget, expenditure account 7003702-520103 (Transit
Capital/Automotive Equipment). The City has programmed Federal Transit Authority Section
5307 grant funds to cover 80 percent of the total and Municipal Operator Service Improvement
Programs funding for the remaining 20 percent.
ATTACHMENTS
New Flyer of America Proposal (available in the City Clerk's Reading File)
Morongo Basin Transit Authority Joint Procurement RFP (available in the City Clerk's Reading
File)
Combined MBTA NFI Contract (available in the City Clerk's reading file)
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SANTA
CLARITA
TRANSIT
Santa Clarita Transit
Option Proposal for Three — Forty -Foot
Fuel Cell Buses
Option off Basin Transit / CalACT
Contract # 23-01
NEW FLYER OF AMERICA
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Proposal Table of Contents
Tab 1, Letter of Transmittal
Tab 2, Bus Price Summary
Tab 3, Bus Price Change Detail
Tab 4, Tariffs
Tab 5, Payment Terms and Milestones
Tab 6, Bus Warranty Proposal
Tab 7, Bus Training Proposal
Tab 8, Bus Publications Proposal
Tab 9, Bus Tools and Diagnostics Proposal
Tab 10, Bus Contract Spares Proposal
Tab 11, Bus Delivery Schedule
Tab 12, Bus Technical Summary
NEW FLYER OF AMERICA Built to Rely On'
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 1, Letter of Transmittal
Solicitation Requirements:
N/A
New Flyer Response:
Please see attached our Tab la, Letter of Transmittal to Santa Clarita Transit.
Please indicate your acceptance by providing a Purchase Order to New Flyer, attention:
Adrian Graca, Business Segment Director— Municipal Transit Fleets
204.470.5521
Adrian Graca(a-)newflyer.com
NEW FLYER OF AMERICA Built to Rely On'
•
NEW FLYER.
December 23, 2025
Adrian Aguilar
Transit Manager City of Santa Clarita
City of Santa Clarita Transit
28250 Constellation Road
Santa Clarita, California
91355
Subject: Quotation for three (3) forty -foot Heavy -Duty Hydrogen Fuel Cell Transit bus
Dear Adrian,
New Flyer is pleased to submit an option price quotation for the production of three (3) forty -foot Heavy -Duty
hydrogen fuel cell Transit buses based on New Flyer's agreement Basin Transit (CaIACT) Contract #23-01.
The proposed buses will be technically configured as per the base CaIACT bus with changes to match
SR3013.
The XHE40 price is $1,639,337.15 USD per bus which includes Warranty, Publications, and Delivery.
Tariffs
New Flyer's proposed price does not include any additional costs, duties, or price adjustments
resulting from regulatory changes, changes or law, or future or recently imposed tariffs as the cost
impact is not available. New Flyer's proposed price is based on USMCA agreements and global Tariff values
that were in place as of January 20th, 2025. Potential changes to tariffs have been an evolving situation with
the full cost impact not yet visible. We expect the cost of Tariffs will increase the price of the bus between
3% and 15% however this is an estimate for your budgeting purposes only. New Flyer may send an updated
proposal with an estimate of the Tariff amount once we have better visibility to the final global Tariff values.
New Flyer is committed to working collaboratively with Santa Clarita Transit to ensure a transparent and
auditable process for assessing and addressing tariff -related costs. Please refer to the Tariff Section within
our proposal for more information on tariff impacts associated with this order.
Payment Terms and Milestones
This contract will include separate invoicing for tariffs and the proposed bus (as defined in the CaIACT
agreement). Each will be invoiced separately to ensure clarity and transparency, resulting in separate
payment terms.
• Tariff payment terms are net 15 days after line entry and when Tariff Price Change and Invoice are
submitted.
• Basin Transit/CaIACT contract payment terms are net 30 days from acceptance, with bus acceptance
required within fifteen (15) days of delivery.
We would like to highlight key elements of our proposal:
Warranty: New Flyer exceeds the industry standard warranties in many areas such as our 5 year / 300,000
miles axle warranty (standard warranty is 2 years) and our 3 years / 150,000 miles multiplex warranty
(standard competitor warranty is 1 year / 50,000 miles). Please refer to our Warranty Section within our
proposal for more information. Please note that warranty is included in the bus price.
Built to Rely On'
Training: New Flyer Training is an organization within the New Flyer Customer Services group, a division of
New Flyer Industries. As a part of the leading manufacturer of heavy-duty transit buses in the United States
and Canada, we have access to top design, engineering, propulsion technology, and electrical systems
professionals. This allows us to offer the service and expertise to maximize the lifetime value of your fleet.
Please refer to our Training Section within our proposal for more information. Please note that optional
training is not included in the bus price.
Publications: The New Flyer Publications team combines extensive, hands-on technical experience with
exceptional writing, illustrating, and publishing skills to create the industry's benchmark in maintenance
manuals. They supply accurate information in a timely manner, assisting the customer in the performance of
proper bus maintenance, which adds to the overall reliability and lifetime value of each New Flyer bus on the
road. Please refer to our Publications Section within our proposal for more information. Please note that
publications are included in the bus price.
Tooling and Diagnostics: Please refer to our Tools and Diagnostics Section within our proposal for more
information. Please note that tooling and diagnostics are not included in the bus price.
Delivery Proposal: New Flyer is proposing a complete delivery in Q2 of 2027 based on a receipt of a Notice
to Proceed within sixty (60) days of this submission. Please note that delivery is included in the bus price.
Our negotiated delivery rate with CalACT is listed in the price detail sheet (as found in Bus Price Change
Detail in this proposal).
This project allows New Flyer the important opportunity to continue our strong relationship with Santa Clarita
Transit. It also gives us the opportunity again to delivery some of the most advanced vehicles available in
North America. We thank you for your continued interest in New Flyer products and look forward to working
with you again in the near future.
This quote is open for acceptance for sixty (60) days. Please indicate your acceptance by providing a
Purchase Order to New Flyer, attention Adrian Graca, Business Segment Director — Municipal Transit Fleets
at Adrian Gracaa-newflyer.com.
Sincerely,
NEW FLYER OF AMERICA INC.
Robby Tokar
Technical Sales Manager
C 431.294.7568
robby tokar(a)newflyer.com
CC: Walter Yang — Regional Sales Manager
Adrian Graca — Business Segment Director — Municipal Transit Fleets
Hiba Raza — Technical Sales Analyst
Built to Rely On'
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 2, Bus Price Summary
Solicitation Requirements:
N/A
New Flyer Response:
Please see attached New Flyer's Tab 2a, Price Summary for Three (3) — XHE40 buses for Santa Clarita
Transit.
NEW FLYER OF AMERICA Built to Rely On'
NEW FLYER.
Price Change Summary
Property Name:
Santa Clarita Transit
Option Number.
2025-115
Contract Origin:
23-335
SR (if applicable):
3013
Quantity.
3
Bus Type:
XHE40
Each Total
Items Included in Base Bus Price
Original Contract Base Bus Price
$
1,571,895.00
$
4,715,685.00
Base Bus Price Changes
$
124,641.83
$
373,925.49
Contract Spares Included With Base Bus
$
-
$
-
Total Revised Base Bus Price
$
1,696,536.83
$
5,089,610.49
One -Time CalACT Discount
$
(57,199.68)
$
(171,599.04)
Total Projected Bus Price with Discount
$
1,639,337.15
$
4,918,011.45
Add CALACT Procurement Fee (1 % of bus price to maximum of $40,000 per order)
$
13,333.33
$
40,000.00
Sales Tax
Total Revised Base Bus Price
$
1,696,536.83
$
5,089,610.49
Remove Non -Taxable Items
ADA
$
(44,223.35)
$
(132,670.04)
Delivery
$
(23,082.20)
$
(69,246.60)
Extended Warranty
$
(55,678.00)
$
(167,034.00)
Total Taxable Base Bus Price
$
1,573,553.28
$
4,720,659.85
Santa Clarita California Sales Tax (9.75 % x Taxable Base Bus Price) $ 153,421.45 $ 460,264.34
Total Revised Base Bus Price with Sales Tax $ 1,849,958.27 $ 5,549,874.82
Items Priced Separately
Contract Spares Changes $ $
Miscellaneous Price Changes $ $
Total Items Priced Separately $ $
Estimate of Tariffs Not to Exceed 15% of the Total Projected Bus Price After Discount $ 245,900.57 $ 737, 701.72
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 3, Bus Price Change Detail
Solicitation Requirements:
N/A
New Flyer Response:
Please see attached New Flyer's Tab 3a, Price Detail Sheet.
This sheet includes all price changes that are required to go from the base bus to the proposed configuration,
as requested.
NEW FLYER OF AMERICA Built to Rely On'
pr
NEW FLYER
Price Change Detail
Property Name: Santa Clarita Transit
Option Number: 2025-115
Contract Origin: 23-335
SR (if applicable): 3013
Quantity: 3
Bus Type: XHE40
Data
Price Change Type
Ref No.
Option No.
Option Group D scription
Price per coach Extended Total
Base Bus Price Change
1
526
Seating BStanchons, Atltl drivers door Arow MV308
$ 9,935.73 $ 29,807.19
2
350
Drivers Control Atltl adjustable driver pedals
$ 1,473.54 $ 4,420.62
3
304
Paint 8 Decal atltl Santa CI to s paint scheme Exterior
$ 275.85 $ 827.55
4
286
Elect- Instrument B Switch Atltl IRDA wireless COM
$ 2,924.29 $ 8,772.87
5
470
Destination Signs
Change deatination sign to Hanover Amber
$ 22.57 $ 67.71
6
470
Destination Signs
Atltl Fleet watch transponder JX Data Recorder Diagnostic Module Type: JX200 and TX200
$ 1,483.14 $ 4,449.43
7
304
Paint 8 Decal
Change Interior Decals to be in Spanish, and English 304-OE, 526-2T
$ 25.14 $ 75.41
8
600
Customer Options
Atltl Bike Rack-S ortswork 3 bike
$ 3,871.01 $ 11,613.04
9
450
Flooding A/P
Change Flooring change to Altro TFM 27421 Midnight 2.7mm
$ 614.32 $ 1,842.95
10
219
Engine
change PEM motor 2022
$ 32,438.96 $ 97,316.87
11
470
Destination Signs
Atltl Data L er
$ 5,164.56 $ 15,493.69
12
600
Customer Options
atltl a cameras stem sup lied by IDIS
$ 17,621.75 $ 52,865.26
13
286
Elect- Instrument 8 Switch
atltl silent alarm switch on vertical face of side console
$ 236.34 $ 709.02
14
600
customerO lions
Addiniotanmentmontors
$ 8,117.75 $ 24,353.26
15
600
Customer O lions
Atltl UTA APC s stem
$ 7,618.27 $ 22,85C81
16
289
Harness Materials 8 Routing
atltl cons Wt with Two ie s of 9shwire from SDS enclosure to destination sin antl from SDS enclosure to farebox edestal.
ce are
$ 167.66 $ 502.98
17
480
Mirrors
Change to Safe vision Mirrors
$ 68.83 $ 206.50
18
526
Seatin 8Stanchions
Change Passener seating to STER motlel Gemini
$ 3,720.49 $ 11,161 AS
19
600
Customer Options
Atltl USSC UV air purifier system
$ 5,152.52 $ 15,457.55
20
480
Mirrors
Chan a Street Sitle mirror to be a high mount instead of low mount
$ 111.79 $ 335.38
21
600
Custom erO lions
Atltl UTA onsite ins ection/tlebu
$ 560.25 $ 1,680.75
22
Delive
Deliverable
Atltl Delive Cha a CaIACT Optional Item 85
$ 23,082.20 $ 69,246.60
Base Bus Price Change Total
$ 124,641.83 $ 373,925.49
Grand Total
$ 124,641.83 $ 373,925.49
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 4, Tariffs
Solicitation Requirements:
N/A
New Flyer Response:
New Flyer's proposed price does not include any additional costs, duties, or price adjustments
resulting from regulatory changes, changes or law, or future or recently imposed tariffs as the cost
impact is not available. New Flyer's proposed price is based on USMCA agreements and global Tariff values
that were in place as of January 20th, 2025. Potential changes to tariffs have been an evolving situation with
the full cost impact not yet visible. We expect the cost of Tariffs will increase the price of the bus between 3%
and 15% however this is an estimate for your budgeting purposes only. New Flyer may send an updated
proposal with an estimate of the Tariff amount once we have better visibility to the final global Tariff values.
To ensure continued production and delivery of our customers' buses, New Flyer will begin assessing the
tariff impact on each bus build at the time of line entry. The amount of the price increase will vary based on
the type of bus, Agency selected options, component sourcing, and timing of the order.
Per the terms of Basin Transit/CaIACT Contract # 23-01, the following provisions apply:
Section GC 9.5, Changes of Law
o Changes of Law that become effective after the Proposal Due Date may result in price
changes. If a price adjustment is indicated, either upward or downward, it shall be negotiated
between the Agency and the Contractor and the final Contract price shall be adjusted
upwards or downwards to reflect such changes in Law. Such price adjustment may be
audited, where required. For certainty, in the event that a price adjustment is required in
respect of changes that are mandatory as a result of legislation or regulations that become
effective after the date of the tender submission, such price adjustment shall be negotiated in
good faith by the Agency and the successful bidder.
Should tariffs or regulatory changes affect the cost of materials, production, or services, or result in a change
by Santa Clarita Transit in the number of units to be procured, New Flyer reserves the right to adjust pricing
accordingly.
The Price Change reflective of actual Tariff costs, will be calculated at the time of line entry and will be
provided with auditable backup to Santa Clarita Transit. The amount will be calculated through New Flyer's
SRCR (Sales Release Change Request) process and passed through at cost. It will be clearly identified as a
Tariff Surcharge on the Price Change.
The payment terms for Tariffs are net 15 days from the time of the Price Change, including auditable backup,
and invoice are presented to Santa Clarita Transit.
The federal government requires that the importer on record pay for Tariffs 2 weeks from the date they are
incurred and provide a bond for tariff payments. New Flyer has provided a bond to the Federal Government
for Tariff Payments; therefore, the Tariff payment at line entry is not considered an Advanced Payment, and
no additional security is required.
New Flyer is taking an active advocacy role to educate stakeholders on the impact of tariffs on our industry
and the economic impact to Transit Agencies. Unforeseen economic factors and changes in laws and
regulations create disruption and added costs. We encourage Santa Clarita Transit to reach out to your
government offices to share the impact of Tariffs on your organization and participate in advocacy outreach
where and how you deem appropriate.
NEW FLYER OF AMERICA Built to Rely On'
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 5, Payment Terms and Milestones
Solicitation Requirements:
N/A
New Flyer Response:
This contract will include separate invoicing for tariffs and the proposed bus (as defined in the Basin
Transit/CalACT Contract #23-01), which result in separate payment terms.
Tariff Payment Terms
The payment terms for Tariffs are Net 15 days from the time of the Price Change, including auditable backup,
and invoice are presented to Santa Clarita Transit.
Contract Payment Terms
Basin Transit/CalACT contract payment terms are net 30 days from acceptance, with bus acceptance
required within fifteen (15) days of delivery.
NEW FLYER OF AMERICA Built to Rely On'
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 6, Bus Warranty Proposal
Solicitation Requirements:
N/A
New Flyer Response:
Please see the attached New Flyer Tab 6a, Warranty Proposal.
Please note that Warranty Pricing is included as part of the Bus Price.
NEW FLYER OF AMERICA Built to Rely On'
'"M�
NEW FLYER OF AMERICA
CONTRACT DELIVERABLES LIST
Waimanty
CUSTOMER NAME
Santa Clarice
BID NUMBER
2025-115 Basin Transit 23-335
BUS MODEL
XHE40
QUANTITY
3
MAJOR COMPONENTDESCRIPTION
BASE AND EXTENDED
WARRANTY
COMMENTS
PROVIDER
YEARS
MILEAGE
Base Bus Warranty
New Flyer ofAmerica
2
100,000
Excluding scheduled maintenance items, acts ofnature, or normal consumables
Basic Bus Structure
New Flyer of America
3
150,000
Body, and body structure shall consist of the components that are bolted or riveted to the structure, such as, exterior panels, interior
panels roof ceilin and driver's barrier.
Chassis Structure (Integrity)
New Flyer ofAmerica
12
500,000
Consists of all components that are weklad together to form the main frame (skeleton) and body construction. The structural integrity
guarantee covers against a significant loss of structual integrity of the assembly wits functional performance due to non corrosion related
failures.
Chassis Structure (Corrosion)
New Flyer of America
12
500,000
Consists of all components that are welded together to form the main frame (skeleton) and body construction. The corrosion guarantee
s against a significant loss of structural integrity of the assembly or its functional performance, resulting from a pertinent loss of cross
section due to corrosion caused by normal environmental elements but excludes corrosion caused by aggressive road de-icers such as
Magnesium Chloride or equivalents, unless New Flyer approved preventative measures are taken. The warranty shall be void ifthe
Agency fails to conduct corrosion inspections and scheduled preventive maintenance procedures as specified in the Contractor's
maintenance nuals The Agency shall maintain documentation, auditable by the Contractor, verifying service activities in conformance
with the Contractor's maintenance manuals.
Propulsion System (Traction System,
ContrdleNlnverteraond Gear Box
Siemens/New Flyer of America
6
300,000
First 5 years covered by Siemens and the 6th year covered by New Flyer. All warranty claims to be submitted to New Flyer.
Hydrogen Fuel Cell
Ballard
6
250,000
Some limitations and exclusions may a - Please see manufacturer's warrantydocument.
DC / DC Converter
Ballard
6
1 250,000
Some limitations and exclusions may a - Please sea manufacturer's warranty document.
Fuel Cell High Voltage Batteries
New Flyer Industries America
6
300,000
The Energy Storage System is warranted for 6 years or 300, 000 miles (whichever occurs first) after the date of acceptance of each bus
("Warranty Period"), to be free of defects in design, material and workmanship; (the "Warranty'). The warranty applies to the battery
module and internal components, it also includes the Battery Management System (BMS) electronics and Power Distribution Unit (PDU).
These components are warranted for proper operation for 6 years/300, 000 miles when the ESS is maintained in the manner described in
the Service Manual. All warranty claims to be submitted to New Flyer
Axle (Front and Rear)
MAN
5
300,000
Excluding maintenance items & items that are not covered by the OEM's warranty. All friction materials are excluded from this limited
anty. Wear and third party items supplied with the axle (e.g. slack adjuster, seals and bearings, shocks, air bellows, radius rods,
bake chambers) are not included in the 5 year warranty. Please see manufacturer's warranty document.
A/C
Thermo King
2
Unlimited
Some limitations and exclusions may apply - PI ase see manufacturer's warranty document. Al repairs/warranty claims need to be
handled through the local authored re it facilit
Brake System
New Flyer of America
2
100,000
Friction Material Excluded
Destination Signs
Hanover
12
Unlimited
Some limitations and exclusions may apply -Please see manufacturer's warranty document. Al repairs/warranty claims need to be
handled throw h the local authored re it fact
Door S stems
Vapor3
150,000
Excludingmaintenance items & items that are not covered b the OEM's warrant
Air Com re
VMAC
2
Unlimited
Wheelchair Ram
New Flyer ofAmerica
2
100,000
Electrical S stem
Parker
3
150,000
Excludin intenance items & items that are not covered b the OEM's warrant
LED Headlights
J.W.S eaker
6
Unlimited
Warrant cmaparts only after first year
Paint
Axalta
5
Unlimited
Air D er
Haldex
2
200,000
Passen er seats
STER Seating5
Unlimited
Some limitations and exclusions may a - Please see manufacturer's warrant document.
LV Batteries
Odyssey
2
1 100,000
New F er Connect
New Flyer of America
6
Unlimited
Covers subscription and components 6years
Radiator Fan Drive
EMP
3
150,000
winl
w ca
5
3 ,000000
Hand ing
5
300
Road Call
A
NewFAmrica
erofmerica
5
300000
TroubleshootingNew
1 5
1 300000
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 7, Bus Training Proposal
Solicitation Requirements:
N/A
New Flyer Response:
Please see the attached New Flyer Tab 7a, Training Proposal.
Please note that this proposal is for recommended training only. Training courses may be selected by Santa
Clarita Transit. New Flyer's training team is happy to advise on selecting the correct training for your needs.
Corresponding prices are not included in the Bus Price.
NEW FLYER OF AMERICA Built to Rely On'
CONTRACT DELIVERABLES LIST CUSTOMER TRAINING
Note: Line items listed are individual courses. The hours shown are
instructor hours for each course. The Transit Agency must select
which courses and which quantities are required based on their
specific operation and staffing.
CUSTOMER NAME
Santa Clarita
BID/OPTION/SR NUMBER
2025-115
TECHNICAL SUMMARY
Rev Draft 1
BUS MODEL
XHE40
QUANTITY
3
DESCRIPTION
RECOMMENDED MAXIMUM NUMBER OF CITY HRS. TOTAL SELLING REQUIREMENT BILLABLE: YIN
STUDENTS PER CLASS PRICE AT BID
Operator Orientation (Train -the -Trainer)
6
4
1, 127.25
Recommen e
Y
Maintenance Orientation
15
4
1,127.25
Recommen e
Y
First Responder Orientation
25
4
$1,127.25
Recommended
Y
Preventive Maintenance Inspection
10
4
1,127.25
Recommen e
Y
Multiplex System
10
32
9,018.00
Recommen e
Y
Entrance & Exit Doors
10
4
T1,1 77.25
Recommen e
Y
Wheelchair Ramp
10
4
$1,127.25
Recommended
Y
Brake Systems and Axles
10
16
4,509.00
Recommended
Y
Air System and ABS
10
8
2,254.50
Recommen e
Y
Suspension and Steering
10
8
2,254.50
Recommen e
Y
Coolant Loop Fill Procedure
10
4
1,127.25
Recommen e
Y
Towing
10
4
1,1 77.25
Recommen e
Y
Body anStructure
10
4
1,127.25
Recommended
Y
Propulsion/Fuel Ce ESS Fami iarization HV Safety
6
40
11,272.50
Recommen e
Y
Propusion Fue Ce I/ESS Troubleshooting
10
24
6,763.50
Recommen e
Y
Sub Total - New Flyer Training
$46,217.25
Y
DESCRIPTION
RECOMMENDED MAXIMUM NUMBER OF
STUDENTS PER CLASS
CITY HRS.
TOTAL SELLING
PRICE AT BID
HVAC Maintenance
8
8
$5,130.00
Recommended
Y
Fire Suppression Gas Detection
10
8
5,670.00
Recommen e
Y
Destination Sign
10
8
7,020.00
Recommen e
Y
Siemens Propulsion Troubleshooting
8
24
18,630.00
Recommen e
Y
Freudenberg ESS Troubleshooting
8
16
$13,500.00
Recommended
Y
Ballard Fuel Cell Level 1 & 2
8
24
25,920.00
Recommen e
Y
Ballard Fuel Cell Level 3
8
24
25,920.00
RecommendedY
Sub Total - OEM Vendor Training
$101,790.00
Training Total (priced separate from the bus price) $148,007.25
y
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 8, Bus Publications Proposal
Solicitation Requirements:
N/A
New Flyer Response:
Please see the attached New Flyer , ab 8a, Publications Proposal. Please note that Publication Pricing is
included in the Bus Price.
NEW FLYER OF AMERICA Built to Rely On'
PROPOSALCONTRACT DELIVERABLES
PRIMARYCUSTOMERNAME
December
Ci of Santa Clama Transit
This is for orre XHE40 Optim Build of
approx 3 Buses Only
UPDATES jjrll'�COMMENTS
Emergency information to be on board each
6 bus
PUBLICATIONS CUSTOMER NAME
I
ICityof Santa Clarita Transit
BID NUMBER
2025-115 Based on 23-335
BUS MODEL
XHE40
QUANTITY
New Flyer Standard Bus Publications
Emergency Responder Guide 8.5x11 laminated paper)
1
QTY
3
13
CUSTOMER DELIVERY
Wth First Bus Delivery
Operator's Guide 8.5x11 3-hole)
3
Wth First Bus Delivery
6
Parts Manual
1
20 Business Days After First Production Bus Delivery
12
Service Manual
1
20 Business Days After First Production Bus Delivery
6
Bus System Drawings Manual (11x17 3-hole regular paper
includes air, electr, hydraulic, cooling, PLC HVAC layouts and
schematics)
1 1
120 Business Days After First Production Bus Delivery
6
TIV USB 1 1
OEM Supplier Publications
QTYjP11
Siemens E-Drive Propulsion System OEM Vendor Manual Set
(includes only the following)
20 Business Days After First Production Bus Delivery
CUSTOMER DELIVERY
Wth First Bus Delivery or Soon After Receiving From OEM Supplier
1 6
USB Includes only NF Manuals plus OEM
manuals below identified with Option Build of
This is for one XHE40
M COMMENTS
ELFA3 System User Guide (Safety, Installation, Operation,
Maintenance, Diagnostics and Parts information documents
1
N/A
Ballard Fuel CeII OEM Manual Set(includes only the following)
With First Bus Delivery or Soon After Receiving From OEM Supplier
FCMove Fuel Cell System User Guide 1
N/A
ESS Battery OEM Manual Set (includes only the following)
Wth First Bus Delivery or Soon After Receiving From OEM Supplier
System User Guide 1
1.N/A
Modine BTMS OEM Manual includes only the followin
Wth First Bus Delivery or Soon After Receiving From OEM Supplier
BTMS Service Manual 1
N/A
Thermo King HVAC OEM Manual (includes only the following)
With First Bus Delivery or Soon After Receiving From OEM Supplier
RLF Unit Maintenance Manual
1
N/A
Intelligaire III Diagnostic Manual
1
N/A
Destination Sign OEM Manual (includes only the following)
With First Bus Delivery or Soon After Receiving From OEM Supplier
Luminator Operation & Maintenance Manual 11.N/A
WABCO ABS System OEM Manual (includes only the following)
With First Bus Delivery or Soon After Receiving From OEM Supplier
ABS Maintenance Manual 1
N/A
Fleetwatch AVM System OEM Manual includes only the following)
VVith First Bus Delivery or Soon After Receiving From OEM Supplier
Fleetwatch Series 55 User Reference Guide 1
N/A
EMP Cooling System OEM Manual (includes only the following)
Wth First Bus Delivery or Soon After Receiving From OEM Supplier
Traction motor and Inverter Cooling System Service Manual
1
N/A
Cooling System Troubleshooting Manual
1
N/A
Valeo DC200 Cabin Heater OEM Manual Set (includes only the
following)
Wth First Bus Delivery or Soon After Receiving From OEM Supplier
DC200 Workshop Manual 1
N/A
Vansco u tiplexing System OEM Manual includes onl the followin
Wth First Bus Delivery or Soon After Receiving From OEM Supplier
Hardware User Guides 1
N/A
Software User Guides 1
Other
DESCRIPTION QTY
Standard Labour Hours required for NF Bus Manual Set
Publishing 450
1,.
CUSTOMER DELIVERY
N/A
N/A
UPDATES
I
r Option
approx 3 Buses Only
COMMENTS
I Not charged to the customer
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 9, Bus Tools and Diagnostics Proposal
Solicitation Requirements:
N/A
New Flyer Response:
Please see the attached New Flyer Tab 9a, Tools and Diagnostics Proposal.
Please note that this proposal outlines New Flyer's recommended tools and diagnostics package required to
maintain the Xcelsior® bus. The package acts as a shopping list for Santa Clarita Transit to select from, as
required..
The corresponding Tooling and Diagnostic prices are not included in the Bus Price.
NEW FLYER OF AMERICA Built to Rely On'
New Flyer Tools Diagnostics Proposal
Date 202512-19
Revision Level Rcw Or.1
Customer Name Santa Giants
So / Option Number 2025115
Quantity - Bus Mod d
Pricing Expiration Date
hrew�.®
Billing Method
Customer Specification Descn-rim
NF Pans Description
Part Number Type
Bitl Duo
NF Part
Quantity
Inowid-I Unit Selling
Price
USD
T-1 Selling Pnce
(USD)
1
Billetl Separddy
KIT - Panasonic FZ55 Toughbook Laptop
Oiagnoslic Equipmenl
6502351
1
$ 3,903 ]1
$ 3.903 ]1
2
Billed Sepamtdy
Nee"USB Link-3-WIFIMIudmth
Edition
Oiagnmtic Equipmenl
6494933
1
$ 1468 ]0
$ 1,46870
3
Billed Separatey
Hamess- Adapter Diagnmtic CAN 2
Diagnostic Equipment
07-12-5916
1
$ 14485
$ 14485
4
Bittedep Saratey
ZF TeLA dman M Diagnostic Kd Kit
Diagnmtic Equipment
6435374
1
$ 4602 55
$ 4,W2 55
5
Billed Separatey
Adapter - Gurgle ZF
Diagnostic Equipment
6503298
1
$ 36].10
$ W710
6
Billed Separately
Intelligaire III Diagnmtic Software & Cables
0iagnmtic Equipment
6393934
1
$ 2,76251
$ 2,76251
1
Billed Separatey
Vale. Diagnmtic Software & Cables
0iagnmtic Equipment
6499004
1
$ 74488
$ ]4488
8
Billed Separatey
V.1 Adapter -Diagnostic
Diagnostic Equipment
6492163
1
$ 12023
$ 12023
9
Billed Separddy
Hanover Keys. Programming Device
Diagnmtic Equipment
6401761
1
$ 1Do 80
$ 19880
10
Billed Separately
Hanover KN. Programming Base Station
Diagnostic Equipment
6401760
1
$ 27832
$ 27832
11
Billed Separdely
Cable-PVSG Interface
0iagnmtic Equipment
6487019
1
$ 5840
$ 5840
12
Billed Separdely
Cable-Transtech VR Interlace
Diagnmtic Equipment
6488984
1
$ 32965
$ 32965
13
Billed Separddy
Siemens PLAN Interlace Hamess
Diagnmtic Equipment
]1144]
2
$ 13D %
$ 27912
14
Billed Separddy
USB CAN Adapter - Siemens Interlace
Diagnmtic Equipmenl
6402046
1
$ 520 W
$ 520 W
15
Billed Separdely
UDS Software -Vector Indigo
Diagnostic Equipment
6487897
1
$ 389867
$ 3,8986]
Separdely
Vector Keyman USB Gmgl.
Diagnostic Equipment
6487899
$ 15904
$ 15964
RBilled
ely
Billed Separately
terface
Indigo In- Vector VN 1630 Log
Diagnmtic Equipment1
6491163
1
$ 281361
$ 281361
18
Billed Separately
CANP"gy 1057GCap-Vector
Diagnmtic Equipmenl
6491232
2
$ 30854
$ 61708
19
Billed Separdely
CANcable 2y-Vector Intl".
Diagnostic Equipment
6412000
2
$ 6362
$ 12723
20
Billed Separddy
XALT Interlace Cable-Baft—
Diagnmtic Equipment
704950
1
$ 22266
$ 22266
21
Billed Separately
Plug -MSD Blank
Diagnmtic Equipmenl
869751
1
$ 1193
$ 1193
22
Billed Separdely
Cap- 6 PK Bus Bar Prdedive Cvr
Diagnmtic Equipment
6483658
1
$ 23864
$ 23864
23
Billed Separdely
Key, Cam Ldch *1 (ESS Tnangle Key)
Diagn.dic Equipment
6476226
1
$ 5.12
$ 512
24
Billed Separddy
Amerex SafdyNet Software & Interlace
Diagnmtic Equipment
6355551
1
$ 78324
$ 78324
25
Billed Separately
Mobile R . . . r - Fledwatch MR55LT
Diagnmtic Equipment
6445849
1
$ 269573
$ 269573
26
Billed Separdely
Wabco ABS So.are(Inititial Download)
Software/Annual Rmewak/
Subscn bons
6334596
1
$ 44531
$ 44531
27
Billed Separately
Annual Maintenance -Vector Indigo
Software/Annual Rmewak/
Sub —,tons
6487898
1
$ ]]930
$ 11930
28
Billed Separddy
EMP Software
N. Charge Software
cop: Dr,jers&Downloads em
1
$
$
29
Billed Separdely
Hanover H ELEN Software
NO Charge Software
kmvers(ahanwerdisplavzcpm
1
$ -
$ -
m
Billed Separddy
Van —Software
N. Charge Software
http://divapp,.p.rker.c.m/divap
os/i—A1n.,-VM MS.htm1
1
$ -
$ -
31
Billetl Separately
Vansco 1210 Chooser
NO Charge Software
http://d ivapps.oarker.cpm/divap
ps/ipanNanscpDlA.html
1
$
$
32
Billed Separdely
PVSG Software
N. Charge Software
htt //ph.parker.tour/-/1]616
/en/eatewav-module-Darker-
1
$
$
av/#product s
33
Billed Separddy
Smadrider Software
N. Charge Software
htt //pr per arkm/pr
ite/parkersm -
.n/u,/en/ro e
1
$ -
$ -
m
Billed Separddy
Vat-VETC2 Software
N. Charge Software
—Imann—btec.cpm
1
$
$
35
Billed Separddy
Mobile Starer Software
N. Charge Software
darrvl om desia rla islmnewflver.c
1
$ -
$ -
36
Billed Separddy
XALT Service T.1 Sdtwam
N. Charge Software
darrvl desiarlais�anew8ver.cpm
1
$ -
$ -
37
Billed Separdely
Modine BTMS Software
N. Charge Software
Troubleshootin¢&Dmg..,tirs-
M.dine
1
$
$
m
Billed Separddy
DanI Software- Berendsen Pwr Strg
N. Charge Software
darrvl
1
$
$
39
Billed Separately
Clamp Meter -I"A Fluke 376
Special Tods and PPE
648]900
1
$ 1206.88
$ 12W 88
40
Billed Separately
Fluke 2 in 1 M.Iimeter-158]FC
Special Tm6 and PPE
6400]46
1
$ 1 83707
$ 1 8310]
41
Billed Separately
Cmdurivity Meter
Special Tods and PPE
6489997
1
$ ]99.18
$ 199.18
42
Billed Separdely
mWulart.t bad led
Special Tm6 and PPE
6473267
1
$ 34882
$ 348 82
43
Billed Separddy
test probe flat blade
Special Tm6 and PPE
6473268
1
$ %62
$ %62
44
Billed Separddy
test probe back probe
Special Tm6 and PPE
6473269
1
$ 4771
$ 41 ]1
45
Billed Separdely
Wabco ABS Sdtware(Renewd)
Software/Annul Rmewak/
Subscn Lions
6495817
1
$ 42146
$ 42146
46
Billed Separddy
Kd- XALT SPI Tod Universal
Diagnostic Equipment
6482554
1
$ 211120
$ 211120
47
Billed Separddy
Kd- Lift Tow Universal
Special Tm6 and PPE
6396565
1
$ 31825
$ 31825
48
Billed Separddy
Kd - Lift Tow Receivers
Special Tm6 and PPE
6396567
1
$ 2 W9 84
$ 2 W9 84
49
Billed Separddy
Xcelsior Flat Tow adapter (2 pcs. Per sd)
Special Tm6 and PPE
6395097
1
$ 260325
$ 260325
50
Billed Separdely
Assy- Frame Flat Towing
Special Tm6 and PPE
902990
1
$ 6,732.15
$ 6,73215
51
Billed Separdely
Jacking Adapters
Special Tods and PPE
434434
1
$ 1211 58
$ 121158
52
Billed Separddy
Repair Kd -0isc Brakes & Synact Calipers
Special Tm6 and PPE
6501865
1
$ 11,0859
$ 11,0859
53
Billed Separdely
T."'. M-Iiplier
Special Tm6 and PPE
6314711
1
$ 2788.17
$ 278817
54
Billed Separdely
Hub Repair Kit -MAN VOK4)8 I'd Axle
Special Tm6 and PPE
6408311
1
$ 11806.99
$ 1180699
55
Billed Separdely
Optional Hub Removal Hydraulic Tod Kd-
MAN VOK4)8
Special Tods and PPE
6458834
1
$ 685867
$ 6185807
%
Bitted Separdely
King Pin Press Kd -MAN VOK4)8 FIT Axle
Special Tods and PPE
6494532
1
$ 22,015 51
$ 22,01551
57
Billed Separately
Hub Repair Kd- MAN Hy1350 RR Axle
Special Tm6 and PPE
6408306
1
$ 148638
$ 148638
58
Bitted Separdely
ABS San—R&R Kit -MAN Hy13W RR
Special Tods and PPE
6408307
1
$ 12]1 38
$ 12]1 m
59
Bitted Separdely
R— Seal Repair Kit -MAN HV1350 RR
Special Tods and PPE
6444302
1
$ 3,181 W
$ 3,181 DO
60
Billed Separdely
Axfe 01 Repair Kd - MAN Hy1350 RR
Special Tods and PPE
6444303
1
$ 1176832
$ 1176832
61
Billed Separately
Optimal Tod Kit - MAN Hy1350 RR Axle
Special Tods and PPE
6444304
1
$ 4],89132
$ 4],89132
62
Billed Separddy
Flow Mder Tester -Strg Gear Box
Special Tm6 and PPE
140809
1
$ 1,64
$ 186454
63
Billed Separddy
Puller Tod- Pitinan Arm
Special Tm6 and PPE
6394270
1
$ 77672
$ 77672
64
Billed Separately
TK NC Tod Kit-TE15 R407c
Special Tods and PPE
6472762
1
$ M,l3324
$ 34,13324
65
Billed Separddy
Amerex Discharge Hme BI—..1 Adapter
Special Tm6 and PPE
052132
1
$ 21535
$ 21535
fib
Billed Separdely
Amerex Fire Alarm/Simulat.r Module
Special Tm6 and PPE
6484731
1
$ 42001
$ 42001
67
Billed Separddy
Amerex Calibratim Kd- AMGaDS III
Special Tm6 and PPE
6459321
1
$ 1,6 41
$ 1566.41
68
Billed Separddy
Assy- H2 Tank Pressure Interface
Special Tm6 and PPE
970139
1
$ 46727
$ 4672
69
Bitted Separdely
Valve MIMI Tod
Special Toils and PPE
64]3]80
1
$ 1,800 .33
$ 1,800 33
10
Billed Separdely
Tods Kd- FCMwe HD Packaged
Special Tods and PPE
650414]
1
$ 12802]
$ 12802]
71
Billed Separdely
Assy- Magnat—cr Charger
Special Tm6 and PPE
842]6]
1
$ 1143280
$ 1143260
72
1 Billed Separddy
I
Kd-VMAC Service Tm6
Special Tm6 and PPE
6504967
1
1 $ 35580
$ 35580
73
Billed Separddy
Kd- Pressure Test T.1
Special Tm6 and PPE
6493641
1
$ 1261
$ 8261
74
Billed Separddy
Head Wrench, Dessicant Canister
Special Tods and PPE
6485513
1
$ 31903
$ 31063
75
Billed Separddy
Kd -ESSC ad Pressure Tester
Special Tm6 and PPE
6486719
1
$ 142602
$ 142662
76
Billetl Separddy
Kd- ESS Codad Pressure Fill
Special To and PPE
6411553
1
$ 10,16,147
$ 10,16447
]]
Bitted Separddy
Assy, Lib Beam ESS Rack
Special Tods and PPE
6505018
1
$ 865486
$ 865 DO
78
Billed Separddy
Boom, Forklift Adapter
I Special Tods and PPE
6485514
1 1
$ 424642
$ 424642
New Flyer Tools Diagnostics Proposal
19
Bilbtl Separately
Lifting Atlapter Assy- Siemens PEM
Special Tools antl PPE
6481413
1
$ 968 81
$ 968 81
80
Bilbtl Separately
Lifting Device-XALT XMOD Batr.ry
Motlules
Special Tools antl PPE
6476635
1
$ 2385W
$ 2385W
81
Bilbtl Separately
Wha Ins -lath Master Ebctrician's tool kit
Special Tools antl PPE
6473M5
1
$ 401925$
401925
82
Bilbtl Separately
wiha 1/4 in ratchet set insulatetl SAE
Special Tools antl PPE
6473M7
1
$ 72014
$ 72914
83
Bilbtl Separately
wiha 1/4 in ratchet set insulatetl Metric
Special Tools antl PPE
6473M8
1
$ 130.15
$ 13015
84
Bilbtl Separately
16 PC 3M d—socket set
Special Tools antl PPE
6473M9
1
$ 73111
$ 73111
85
Bilbtl Separately
3/8 Extension set
Special Tools antl PPE
6473450
1
$ 8489
$ 8489
86
Bilbtl Separately
3/8 Extension set
Special Tools antl PPE
6473451
1
$ 118 39
$ 118 39
81
Bilbtl Separately
wiha open entl wrench insulated metric
Special Tools antl PPE
6473452
1
$ 1 009.91
$ 10098]
88
Bilbtl Separately
wiha open entl wrench insulated sae
Special Tools antl PPE
6473453
1
$ 1 56052
$ 1 %052
89
Bilbtl Separately
Wha ins -lath S.natetl Tweezers Straigh
Special Tools slid PPE
6473454
1
$ 1.326
$ 10326
W
Bilbtl Separately
Wha ins -lath S.natetl Tweezers Angl.tl
Special Tools antl PPE
6473455
1
$ 92.13
$ 92 13
91
Bilbtl Separately
Insulatetl Toryue Wrench 1/4"
Special Tools antl PPE
6473456
1
$ 982 72
$ 982 ]2
92
Bilbtl Separately
Insulatetl Toryoe Wrench 3/8"
Special Tools antl PPE
6472024
1
$ 1,17610
$ 1,17610
93
Bilbtl Separately
Ins -lath Toryoe Wrench 112"
Special Tools antl PPE
6473457
1
$ 129812
$ 1 29812
94
Bilbtl Separately
toryue screwtlmer set
Special Tools antl PPE
6473458
1
$ 709.32
$ 70932
95
Bilbtl Separately
--lath crimper 30-6 Awg 1"
Special Tools antl PPE
6473459
1
$ 11464
$ 11464
W
Bilbtl Separately
re stripper6 -3/8—.11201. 10
Special Tools antl PPE
6473460
1
$ 55 OD
$ 5566
91
Bilbtl Separately
ns -lath water pump pliers vjaw
Special Tools slid PPE
6473461
1
$ 10703$
10163
98
Bilbtl Separately
--lath
hex key set 10pc metric
Special Tools slid PPE
6473462
1
$ 311 12
$ 311 12
99
Bilbtl Separately
Long SAE Natural insulated hex key set 1.
Special Tools antl PPE
6473463
1
$ 402 31
$ 402 31
100
BIII.tl Separately
1, tl 1
Special Tools antl PPE
6473464
1
$ 12564
$ 12564
101
BIII.tl Separately
Stubby Bit Driver
Special Tools antl PPE
6473465
1
$ 44 53
$ 4453
102
BiIletl Separately
Wha lns WI di "bi i'lip" Set
Special Tools antl PPE
6472034
1
$ 103 SO
$ 10338
103
Billetl Separately
Mini Screw Omer set
Special Tools antl PPE
6473466
1
$ 10762
$ 10762
104
Billetl Separately
ARC Flash ProteWbn Clothing Kit -2PC
Small
Special Tools antl PPE
6471958
1
$ 1,148 54
$ 1,148 54
105
Billetl Separately
ARC Flash Pmtectbn Clothing Kit -2PC
Metlium
Special Tools antl PPE
6473412
1
$ PM 15
$ PM 15
1W
Billetl Separately
ARC Flash ProteWbn Clothing Kit -2PC
Lar e
Special Tools antl PPE
6473413
1
$ 1 148 54
$ 1,148 54
107
Billetl Separately
RC Flash Protectbn Clothing Kit -2PC
X
Special Tools slid PPE
6473414
1
$ 1 148 54
$ 1,148 54
108
BIII.tl Separately
ARC Flash Pmtectbn Clothing Kit -2PC
Special Tools slid PPE
6471962
1
$ 1205 98
$ 120588
109
Billetl Separately
ARC 3XL Flash Protectbn Clothing Kit -2PC
Special Tools antl PPE
6471963
1
$ 1263 40
$ 1,26340
110
BIIIetl Separately
QA'RL Flash Pmtectbn Clothing Kit -2PC
Special Tools slid PPE
6471964
1
$ 1,32081
$ 1,32081
III
BIIIetl Separately
ARC SXL Flash Pmtectbn Clothing Kit -2PC
Special Tools slid PPE
6471965
1
$ 1 358.12
$ 1,358 12
112
BIII.tl Separately
ARC Flash Pmtectbn Clothing Kit -1PC
Sm a1I
Special Tools antl PPE
6471966
1
$ P02 44
$ 902 44
113
BIII.tl Separately
ARtliumC Flash Pmtectbn Clothing Kit -1PC
Me
Special Tools slid PPE
6473415
1
$ PM 15
$ PM 15
114
BIII.tl Separately
ARC Flash Pmtectbn Clothing Kit -1PC
Lar e
Special Tools antl PPE
6473416
1
$ PM 15
$ PM 15
115
BIII.tl Separately
XRC Flash ProteWbn Clothing Kit -1PC
Special Tools slid PPE
6473417
1
$ PM 15
$ PM 15
116
BIII.tl Separately
ARC Flash Pmtectbn Clothing Kit -1PC
Special Tools slid PPE
6473418
1
$ 9342XL.15
$ 934 15
117
BIII.tl Separately
3XL ARC Flash Pmtectbn Clothing Kit -1PC
Special Tools slid PPE
6471971
1
$ 1 08042
$ 1089 42
118
BIIIetl Separately
4A'RL Flash Pmtectbn Clothing Kit -1PC
Special Tools slid PPE
6471972
1
$ 1,07521
$ 1,07521
119
BIII.tl Separately
ARC SXL Flash Pmtectbn Clothing Kit -1PC
Special Tools slid PPE
6471973
1
$ 1 285 W
$ 1285 W
120
BIII.tl Separately
Balaclava Heatl Cmer one size fits a 11
Special Took antl PPE
6473MO
1
$ 6527$
6527
121
BIII.tl Separately
Hartl Hat antl Face Shbb one —fits a1I
Special Tools antl PPE
6368561
1
$ 42183
$ 42183
122
BIII.tl Separately
Hamess- Fall Botly Arc Flash(4251bs)
Special Tools antl PPE
6700155
1
$ 161426
$ 161426
123
BIII.tl Separately
Black ebd—I III— kit, Size 1
Special Tools antl PPE
6471976
1
$ 166.08
$ 16688
124
BIII.tl Separately
Black ebd—I III— kit, Size 8
Special Tools antl PPE
6473420
1
$ 17534
$ 175 m
125
BIII.tl Separately
Black ebd—I III— kit, Size 8 5
Special Tools antl PPE
6471978
1
$ 161 65
$ 161 65
126
BIII.tl Separately
Black abd—I III —kit, s¢e9
Special Tools antl PPE
6471979
1
$ 16141
$ 16747
127
BIII.tl Separately
Black electrical III— kit, Size 05
Special Tools antl PPE
6473421
1
$ 161 65
$ 161 65
128
BIII.tl Separately
Black electrical III— kit, s 10
Special Tools antl PPE
6473422
1
$ 165.19
$ 165 19
129
BIII.tl Separately
Black eectrical glme kit, Size 10 5
Special Tools antl PPE
2471 423
1
$ 231.10
$ 23712
130
BIII.tl Separately
Black electrical glme kit, s¢e 11
Special Tools antl PPE
64]3424
1
$ 166.98
$ 16688
131
BIII.tl Separately
Black ebctrical III —kit, s¢e 12
Special Tools antl PPE
6473425
1
$ 16165$
16165
132
BIII.tl Separately
HV Blanket 3' x 3'
Special Tools antl PPE
6473431
1
$ 48372
$ 48372
133
BIII.tl Separately
Blanket Clamp 9-1/2"L,5"Opening
Special Tools antl PPE
6473432
1
$ 3082
$ 3982
I
BIII.tl Separately
Glme Dust 05.
Special Tools antl PPE
6473433
1
$ 1783
$ 1783
135
BIII.tl Separately
Rescue Hook OFT
Special Tools antl PPE
6400745
1
$ 702 40
$ 702 40
I
BIII.tl Separately
Defibrillator Atluk
Special Tools antl PPE
6502239
1
$ 3,14783
$ 3,14783
137
BIII.tl Separately
Bratly Persona l Lockout Pooch Kd
Special Tools antl PPE
6494427
1
$ 6335
$ 6335
ISO
BIII.tl Separately
Steel Lock Hasp with Tab
Special Took antl PPE
6473M2
1
$ 2012.
$ 2012
BIII.tl Separately
American bck Al I WRED
Special Tools antl PPE
64]3M3
1
$ 2739
$ 2739
139
40
BIII.tl Separately
Lock OW Tag (pk of 25)
Special Tools antl PPE
6473M4
1
$ 2864
$ 2864
141
BIII.tl Separately
W Waming sign
Special Tools antl PPE
6473436
1
$ 22.11
$ 22 11
142
BIII.tl Separately
Arc Flash Waming sign
Special Tools antl PPE
6473437
1
$ 1488
$ 1488
143
BIII.tl Separately
steering wheel corers
Special Took antl PPE
6473439
1
$ 1093
$ 1983
144
BIII.tl Separately
Carl - Safety Ba—d. System (up 1. 1511
Special Took antl PPE
6491772
1
$ 1,60535
$ 1 W5 35
145
BIII.tl Separately
Tape -Retl HV SafeN
Special Took antl PPE
6491845
1
$ 4591
$ 45 Oil
$
is
$
1 $
Notes:
• Patl numbersare subject to cM1ange.
• If mullipk tilsare oNered, lM1e s�bcomponenl quanliles laced will only display 1M1e 1o1a1 quanlmes needetl per kiL
• It parts are n?Quiretl to be assembletl in ativance of shipment, phase confrm part number NPe k set to "Assembly'.
Customer Signature Oat.
Total Amount Id.I.d.d in Bus Pric9�
Total Amount Bill.d 8eparatW $ 30069986
'Abovelolakexcludeapptirablelaxes
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 10, Bus Contract Spares Proposal
Solicitation Requirements:
N/A
New Flyer Response:
There are no Contract Spares included in New Flyer's proposal.
NEW FLYER OF AMERICA Built to Rely On'
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 11, Bus Delivery Schedule
Solicitation Requirements:
N/A
New Flyer Response:
New Flyer's schedule for the proposed buses have not been determined, exact dates are not available at this
time. Estimated line entry is Q2 2027. A delivery schedule will be forwarded to you when the dates have been
determined.
NEW FLYER OF AMERICA Built to Rely On'
Santa Clarita Transit
Option for Three (3) XHE40 Buses
Tab 12, Bus Technical Summary
Solicitation Requirements:
N/A
New Flyer Response:
Please see the attached New Flyer Tab 12a, Technical Summary for the proposed bus.
NEW FLYER OF AMERICA Built to Rely On'
Family
Family Description
Feature
Feature Description
100-00
XCELSIOR COACH LENGTH
X40
Xcelsior-40'coach.
100-03
STRUCTURAL MATERIAL
CAR
Carbon steel/ferritic sst.
100-04
FUELTYPE
XHE
Hydrogen at 350 BAR
100-05
EPACALENDARYEAR
025
2025
100-OK
ACCELERA GENERATION
EF3
ELFA 3
100-OY
BUS MODEL YEAR
027
2027
201-01
FRONT BUMPER
NFI
Romeo Rim, three piece, front bumper.
201-03
FRONT TOWING PROVISIONS
001
Basic set-up, incorporated in front chassis. Tow adapters are
required.
201-05
REAR BUMPER
NFI
Romeo Rim, three piece, rear bumper with anti -ride feature.
203-01
FRONTAXLE
003
M.A.N. VOK-08, GAWR 18,078 lbs. With disc brakes. Hub mount,
Knorr Synact Calipers, with Level N, near zero copper (<0.5%)
brake pads.
203-02
SECUREM ENT OF BRAKE
LININGS
NFI
Bonded.
203-06
SHOCKABSORBERS
NFI
Koni.
203-07
FRONT STABILIZER BAR
PVD
Required.
203-OA
FRT AXLE AND WHEEL SPLASH
APRONS
001
Basic, full width, fore of axles and wheels.
203-OB
RADIUS ROD BUSHINGS
WIN
Windowed
204-01
REAR AXLE
004
M.A.N. 5.67:1 HY-1350. GAWR 28,660 lbs. With disc brakes.
Hub mount, Knorr Synact Calipers, with Level N, near zero
copper (<0.5%) brake pads.
204-03
REAR AXLE GEAR OIL
SYN
Synthetic.
204-04
REAR STABILIZER BAR
PVD
Required.
204-09
REARAXLE DRAIN PLUGS
EXT
Magnetic external hex head.
204-OA
REARAXLE MUD FLAP
ONE
One aft of rear axle. (Requirement is determined by local
climate, ice build-up, high ambient temperature.)
204-OC
REAR WH EEL MUD FLAP
002
One aft of each rear wheel.
205-01
TIRE SUPPLIER
001
NFIL supplied tires.
205-06
WHEELS
LVL
Alcoa 22.5" x 8.25" aluminum. Buffed (LVL One) finish.
205-01
STEERING AXLE TI RES
003
305/70R/22.5, Michelin X InCity Z (65 mph).
205-OM
REAR AXLE TIRES
003
305/70R/22.5, Michelin X InCityZ (65 mph).
209-01
POWER STEERING PUMP
ELC
Berendsen electric power steering pump. Mounted at the front
streetside.
209-02
POWER STEERING HOSES
GAT
Gates G2XH
209-03
SER STEERING DIAGNOSTIC
POWER
REQ
At steering box.
209-05
POWER STEERING RESERVOIR
REQ
Required.
209-06
POWER STEERING FLUID
INDICATOR
CAB
Light required at the Cabin coolant fill door.
209-08
POWER STEERING DRAIN PLUG
MAG
Magnetic plug.
209-09
POWER STEERING UNIT
VTX
ZF TAS85, power assisted, frame mounted.
POWER STEERING SYSTEM
209-OA
DEX
Dexron III, mineral based.
FLUID
209-OB
POWER STEERING SENSOR
REQ
Hydraulic level sensor required.
219-01
FUEL/PROPULSION SYSTEM
XHE
Accelera E-Drive, with Ballard fuel cell range extender.
VMAC EC20, Liquid cooled rotary screw compressor powered by
219-05
AIR COMPRESSOR
Vol
600 VDC motor
219-OD
ROAD SPEED
065
Top road speed is governed. Set at 65 MPH (105 KPH).
TRANSMISSION/HYBRID
Accelera PEM 1CS2022-2FA24 NG, 550 KW, prelim. launch
219-OM
031
DRIVE/TRACTION MOTOR
gradeability prediction at GVWR : 20.5% @ 4.56 rear axle ratio.
0-10% driver controlled with accelerator pedal, 30% with
219-ON
EBUS REGENERATIVE BRAKING
005
accelerator pedal release, remaining 70% blended with brake
application reaching 100% by 15psi.
219-OP
TRANSMISSION SHIFTING
NFI
Foot on brake enables shift when in neutral.
219-1C
AIR CLEANER
MAH
Mahle replaceable cartridge filter.
219-11D
AIR RESTRICTION INDICATOR
MCH
Mechanical gauge mounted directly on air intake tube.
219-1E
EXHAUSTSYSTEM
FCL
SST tailpipe to disperse water vapour.
EXHAUSTTAIL PIPE
219-11'
001
Curved pipe set to 45 degrees to streetside.
ORIENTATION
Propulsion compartment light switch. Located at streetside
219-1U
ENGINE SWITCH BOX
FCL
propulsion compartment strut.
219-30
BALLARD FUEL CELL MODEL
FCM
Ballard FCMove.
RADIATOR,CAC,HYDR FLUID
Modine High Voltage 9 fan fuel cell radiator, with predictive
231-02
FHV
COOLER
cooling capabilities.
RADIATOR REVERSE FAN SW &
231-04
PSP
Located at propulsion compartment switch panel.
DIAG LAMP
231-OC
RAID TUBES
SST
SST
50/50 pre -mixed distilled water with ethylene glycol with anti-
231-OF
COOLANT FLUID/ANTIFREEZE
001
corrosion additive and bittering agent. Pink fluid.
Propulsion, Fuel Cell, ESS, and cabin heat systems use separate
231-OU
XHE COOLANT RESERVOIR
REQ
SST reservoirs.
Propulsion, ESS and cabin heating reservoirs use LEV-R VENT,
XH E COOLANT RESERVOI R
231-OV
REQ
built into tank cap. Pressure is continually vented on fuel cell
PRESSURE RELIEF VALVE
coolant reservoir.
Cabin Heating reservoir uses a graduated sight glass (glass
XHE COOLANT RESERVOIR
231-OY
REQ
material). Propulsion and ESS reservoirs use a glass level
SIGHT GLASS
indicating ball.
Shuts down fuel cell when fuel fill door is open and bus is in
XHE LOW COOLANT
231-OZ
REQ
neutral with park brake applied. Prevents fuel cell restart.
CONDITION
Programmable timing details are required for Electrical.
XH E COOLANT RESERVOI R
231-10
REQ
Schrader valve fitting provided on cabin heat reservoir.
TEST PORT
234-01
WATER FILTER
FCL
Fuel cell de -ionized water filter, with 1/4 turn isolation valves.
Agility Fuel Solutions Type 4 Composite, 5 tanks, 16.3" OD x 125"
long ,roof mounted cylinders with OMB HTV 24V solenoid valve.
241-06
HYDROGEN FUEL TANKS
HE5
Total system capacity is 37.5 Kg at 5075 psi (350 bar). For 40'
coach.
Dual 0.5" SST lines rated for use with hydrogen fuel, with
241-OK
HYDROGEN FUEL LINES
XHE
Swagelok fittings.
One remote OMB PRD and one OMB PRD integrated into tank
HYDROGEN PRESSURE RELIEF
valve (per tank). Operating pressure 0-350 bar (5075 psi).
241-ON
OMB
DEVICE
Operating temperatures: -40 to 85 C (-40 to 185 F), thermal relief
(nominal) 110 C (230 F).
HYDROGEN FUEL LEVEL
241-OW
LTI
Low level telltale displayed on instrument panel screen.
GAUGE
HYDROGEN DEFUEL
241-OY
AFS
Swagelok AFS valve with locking tabs, with quick connect fitting.
PROVISION
HYDROGEN FUEL FILL
Luxfer WEH TN1 fast fill and TN5 H2 Fill Receptacle, with fuel
241-OZ
LUX
RECEPTACLES
pressure gauge at fill box. Includes tethered dust caps.
HYDROGEN FUEL LINE
SST lines are labeled with yellow adhesive warning labels at
241-10
NFI
IDENTIFICATION
every 36".
HYDROGEN TANK ISOLATION
241-11
AFS
Swagelok AFS ball valves included for each tank.
VALVES
Shuts down fuel cell when fuel fill door is open and bus is in
HYDROGEN FUEL FILL DOOR
241-16
REQ
neutral with park brake applied. Prevents fuel cell restart.
INTERLOCK
Programmable timing details are required for Electrical.
AIR COMPRESSOR DISCHARGE
246-01
NFI
Teflon 2807 SST braided hose.
LINE
Combo Tank 1(Wet Tank + Primary Brake Tank), Combo Tank 2
246-02
BASIC AlRTANKS
B01
(Front Axle Kneeling Tank+ Accessory Air Tank), Secondary
Brake Tank.
246-04
Al R TAN K D RAI N VALVES
MNL
Manual l/4turn valve.
246-06
WET TANK DRAIN VALVE
MAN
Manual l/4turn valve.
SmartRider electronic leveling system on front axle and
246-09
RIDE HEIGHT SENSORS
SP2
Barksdale mechanical leveling valves on center/rear axles.
RIDE H EIGHT SETTI NGS,
246-OA
SR1
Front ride height is 4.0" axle to bump stop.
NORMAL
Applied to entrance and exit doors. Foot on brake to release
246-OE
DOOR INTERLOCK
ENE
interlock, applied via multiplex system programming.
If the Master Run switch is in the OFF or PARK positions, the
246-OG
DRIVER'S PARK BRAKE ALARM
001
kneeling alarm is triggered to alert the driver that the park brake
is not set.
PARK BRAKE PRESSURE
40 psi auto -apply park brake valve. 60 psi pressure switch for
246-OH
NFI
SETTING
park brake light activation.
Haldex "Gemini MDx" Tandem air dryer (includes Multi -
246-OK
AIR DRYER
001
Treatment Catridge) and purge tank.
246-OM
AIR DRYER LOCATION
RST
Under the rear step.
246-OT
AIR SYSTEM OIL SEPARATOR
12V
Single Haldex oil/water separator, with 12V auto drain.
246-OU
PARK BRAKE ACTUATION
PUL
Pull To Apply.
PARK/EMERG BRAKE
246-OV
PSC
Park brake control location - on side console panel.
LOCATION
246-13
FRONTTOW CONNECTOR
NPT
Male 1/4" NPT fitting with Series 20/30 coupler fitting, with tag.
FRONT AIR CONNECTOR
246-14
SS1
Located below the bumper, streetside.
ARRANGEMENT
FRONTAIR CHARGE
246-15
NPT
Male 1/4" N PT fitting with Series 20/30 coupler fitting, with tag.
CONNECTOR
REAR AIR CHARGE FITTING
246-16
CFU
At curbside under fusebox.
LOCATION
REARAIR CHARGE
246-17
NPT
Male 1/4" NPT fitting with Series 20/30 coupler fitting, with tag.
CONNECTOR TYPE
246-18
REAR Al R CHARGE DUST CAP
REQ
Required.
246-19
FRONTAIR CHARGE DUST CAP
REQ
Required.
Synflex colour coded. Green: rear service brakes and supplies.
Red: front service brakes. Brown: parking brake. Black:
246-113
FLEXIBLE AIR LINES
NFI
accessories and brake hose. Yellow: compressor and governor.
Blue: suspension.
246-1E
ABS
NFI
Wabco.
246-11
FRONT CHARGE AIR ROUTING
WET
Direct charge to wet tank.
246-1K
REAR CHARGE AIR ROUTING
AFT
Connection after air dryer with direct path into wet tank.
AIR SYSTEM TRANSDUCER
Transducer Fault Detection - Transducer voltage falls to OV if
246-27
001
FAULT DETECTION
transducer failure occurs.
Transtech regulatorw/Low Voltage Disconnect, temperature and
260-01
BATTERY MANAGEMENT
TRA
current sensors to optimize battery life.
260-02
BATTERY VOLTAGE REGULATOR
002
Transtech REG24C w/11939 and data logging
BATTERYVOLTAGE REGULATOR
260-03
MCU
Mounted on MCU/TCU panel.
LOCATION
Two Odyssey group 31 Absorbed Glass Mat (AGM) maintenance
260-04
BATTERY TYPE /MFR
003
free batteries. 1150 CCA. Top posts: 3/8" positive, 3/8" negative.
Red heat shrink on 24 volt positive cable end and light blue heat
260-05
BATTERY CABLES
NFI
shrink on 12 volt positive cable end.
Slide out battery acid resistant polyethylene enclosure with SST
sub frame, SST bearings and rubber isolation mounts. Located
260-09
BATTERY TRAY
NFI
aft of the curbside rear wheelhouse. Note: battery access door
opens to the side.
POSITIVE BATTERY
Required with quick access through flip -open door. Uses a micro
260-OC
004
DISCON NECT SW
switch for propulsion shutdown.
260-OE
BATTERY VOLTAGE EQUALIZER
V02
Vanner 100 amp.
ENERGY STORAGE SYSTEM
260-OK
XP2
Freudenberg, High Power, Gen 2.
BTRY SUPPLIER/TYPE
ENERGY STORAGE SYSTEM
260-OM
135
135 kWh total.
CAPACITY
260-OT
ESS FIRE DETECTORS
NFI
Integrated in ALL ESS HV Battery enclosures.
Four 11" fan roof mounted EMP radiator with propulsion
MOTOR/INVERTER RADIATOR &
260-11
4FA
compartment mounted SST Reservoir with sight glass & low level
RESERVOIR
coolant sensor.
MOTOR/INVERTER COOLING
260-12
NFI
Rotron.
PUMP
ROOF FAIRING / SKIRTS
260-15
XHE
Fairing with full length skirts for XHE.
ENCLOSURE
BATTERYVOLTAGE EQUALIZER
260-1B
001
One
QUANTITY
EMERGENCY HV BATTERY
260-1E
HVF
Single receptacle mounted at curbside of high voltage fusebox.
CHARGE PORT, XHE
FUSEBOX HIGH VOLTAGE
260-1M
REQ
Required.
INTERLOCK SWITCH
269-01
P.A. AMPLIFIER MFR /TYPE
REI
Requires a separate gooseneck or handheld microphone.
REI, approximately 30" longfrom base to end of microphone.
269-OC
GOOSENECK MICROPHONE
REI
Black neck and head.
GOOSENECK MICROPHONE
Inverted, clipped to the A -pillar. Microphone clip is 15.26" from
269-OD
API
LOCATION
bottom of destination sign closeout panel.
GOOSENECK MICROPHONE
269-OE
BLT
Built into microphone.
SWITCH
269-OG
INTERIOR SPEAKER MFR
TCB
TCB
269-OH
PRIMARY INTERIOR SPEAKERS
006
Six: four to light panels, two above rear bench.
EXTERIOR SPEAKERS,
269-OK
ENT
At basic location above entrance.
LOCATION
269-OM
EXTERIOR SPEAKER MFR
SHE
Shekonic
269-OZ
PRIMARY PA SYSTEM
GSW
Gooseneck mic with built-in switch.
269-13
EXTERIOR SPEAKER QUANTITY
ES1
One
269-113
AMPLIFIER LOCATION
SAW
Mounted on front position of sawtooth panel above driver.
269-1E
EXTERIOR SPEAKER COIL
1CO
Single coil
273-01
HEADLIGHTS
NFI
NFIL Xcelsior LED low beam and high beam headlights.
273-02
DAY RUN HEADLIGHTS
REQ
Required.
273-03
FRONTTURN SIGNALS
NFI
NFIL amber LED. Integrated with headlight assembly.
273-06
TAIL LIGHT ARRANGEMENT
006
Amber, red (stop/tail), red (stop/tail), white.
273-07
TAIL LIGHTS MFR
4DG
4" Dialight LED, grommet mounted.
CENTER STOP / DECELERATION
273-08
BSC
18" X 1 " Dialight
LIGHT SIZE
273-09
WHITE BACK-UP LIGHT MFR
DLG
4" Dialight LED, grommet mounted.
STOP LIGHTS ON WITH
273-OA
REQ
Required.
RTRDR/REGEN BRAKE
STOP LIGHTS ON WITH PARK
273-OB
NFI
When park brake or interlock are engaged.
BRAKE OR INTERLOCK
CENTER STOP / DECELERATION
273-OE
001
One
LIGHTS QTY
CENTER STOP / DECELERATION
273-OF
BSC
At lower edge of HVAC door.
LIGHTS LOCATION
SIDE TURN SIGNALS,TYPE / QTY
273-OH
2DL
2 amber Dialight LED Lamps, 12 volt.
PER SIDE
SIDE TURN SIGNAL
273-01
BSC
Single intensity, Dialight LED lamps.
FUNCTIONALITY
SD TURN SGNL GUARD BRKT,
273-OK
ALU
Aluminum, painted per paint scheme.
MATERIAL/CTG
CURBSIDE TURN SIGNALS
273-OM
001
Lamps are aft of front and fore of rear wheelhouses.
LOCATION
STREETSIDETURN SIGNALS
273-ON
01F
Lamps are fore of all wheelhouses.
LOCATION
KNEELING/RAMP LIGHTAT
273-OP
NFI
2.5" Dialight LED.
ENTRANCE
273-OT
MARKER / CLEARANCE LIGHTS
001
Dialight LED without guard all around.
273-OV
REFLECTORS
NFI
Self-adhesive decals installed at NFIL basic positions.
273-OW
REAR LICENSE PLATE LIGHT
SMT
Smartrend LED.
TIMED SHUT-OFF, ENTR AREA
273-10
BSC
The program is set to shut the lights off when the door closes.
LIGHTS
TIMED SHUT-OFF, EXIT AREA
The program is set to shut the lights off five seconds after the
273-12
NFI
LIGHTS
door closes.
CENTER STOP / DECELERATION
273-11'
RED
Red
LIGHTS COLOR
MARKER / CLEARANCE LIGHTS
New Flyer standard marker/clearance light functionality to meet
273-111
NFI
FUNCTIONALITY
applicable FMVSS/CMVSS regulations.
New Flyer standard marker light locations to meet applicable
273-23
MARKER LIGHTS LOCATION
NFI
FMVSS/CMVSS regulations
Day Run, Night Run, and Night Park modes illuminate the tail
273-25
EXTERIOR LIGHTS
DAY
lamps, marker/clearance lamps, and license plate lamp.
Mandatory for Canadian customers.
CENTER STOP/DECELERATION
273-26
STP
Basic stop functionality.
LIGHT FUNCTIONALITY
CENTER STOP/DECELERATION
273-27
12V
12 Volts.
LIGHT VOLTAGE
INTERIOR PASSENGER
277-02
NFI
NFIL LED lights, 24VDC.
LIGHTING
PASSENGER LIGHTING:
277-04
001
0% 1st bank on each side, 100% for the remaining banks.
OUTPUT INTENSITY
EXIT BASEPLATE / ELEC PNL
277-07
NFI
At each exit door, through removable ad frame.
ACCESS
TINTED LED PASSENGER LIGHT
277-OB
WHT
White for all lights.
COVERS
277-OC
FAREBOX LIGHT
SMT
One fixed LED light.
277-OF
DRIVER'S LIGHT
001
One sealed 2.5" white high output Smartrend LED light.
277-OK
SIDS SERVICE LIGHT
1LL
One LED lamp, provided at upper front of SIDS enclosure.
SIDS SERVICE LIGHT SWITCH
277-OM
BSW
With switch.
CONTROL
PROPULSION COMPARTMENT
277-ON
4FC
Smartrend, four 1.38" LED lights. For Fuel Cell only.
LIGHTS
277-OV
REAR DECK STEP LIGHT
LED
LED.
INTERIOR DOOR HEADER
277-OW
LIGHTS, ANTI -GLARE SHIELD
BLK
With black anti -glare shield.
COLOR
INTERIOR DOOR HEADER
277-OY
LIGHTS/ QUANTITY
SGL
Single strip.
(ENTRANCE)
INTERIOR DOOR HEADER
277-11
SGL
Single strip.
LIGHTS/ QUANTITY (EXIT)
REAR PLC AND FUSEBOX
277-1A
NFI
Provided, LED.
SERVICE LIGHTS
All banks are dimmable. When doors are open, lights turn on to
INTERIOR LED LIGHT
277-2D
001
full intensity. When doors are closed, lights reduce to secondary
FUNCTIONALITY
output intensity.
One basic electronic chime above driver. Chime has single tone
280-01
PASSENGER SIGNAL CH IMES
BSC
which sounds once for regular activation, twice for wheelchair
positions.
PASSENGER SIGNAL
280-03
YLW
Yellow cords are required.
PULLCORDS
HORIZONTAL PASSENGER
280-07
NFI
Set at NFIL designated basic height. All decks.
SIGNAL PULLCORDS
Four: at the first and second street and curbside pillars forward
280-09
LWR DECK VERT PULLCORDS
004
of the face of the upper deck.
SECUREMENT OF VERTICAL
280-OD
BSC
Looped or clamped to the horizontal depending on the location.
PULLCORDS
280-OH
STOP REQUEST SIGN TEXT
ENG
Stop Requested.
STOP REQUEST SIGN
280-01
UPP
Upper case.
LETTERING
280-OK
STOP REQUEST SIGN COLOURS
WOR
White letters on a red background.
FRONT STOP REQUEST SIGN
Smartrend LED installed overhead between the front
280-OM
SMT
TYPE/POSITION
wheelhouses.
PASSENGER SIGNAL TYPE AT
280-OT
BSC
Basic touchtape.
WHEELCHAIR POSITIONS
Mounted facing aisle on stanchion fore of exit, low profile
280-OV
PUSH BUTTON SIGNAL AT EXIT
001
recessed button.
280-19
PUSH BUTTON SIGNAL TYPE
NRQ
Not required.
ELECTRONIC CONTROL
284-01
NFI
Vansco.
SYSTEM
284-02
SYSTEM VOLTAGE
NFI
24 VDC primary, 12 VDC secondary.
284-03
SWITCHES
NFI
Water resistant.
SPARE INPUT/OUTPUT PORTS
Minimum 10% input and 10% output, per electrical panel
284-04
FOR MULTIPLEX SYSTEM
NFI
location.
MODULES
284-06
HAZARD WARNING LIGHTS
NFI
Front, side and rear lights flash for hazard warning.
SIDS ELECTRICAL PANEL
284-OB
FSS
Facing streetside.
ORIENTATION
SIDS ELECTRICAL PANEL
284-OD
BSR
Mounted on backside of SIDS rack.
LOCATION
ENTRANCE DOOR
284-OF
135P
Basic with 5 position settings.
CONTROLLER
PROPULSION SYSTEM RESET
284-ON
NRQ
Not required.
SWITCH
LCD touch display screen. Acrylic material with luminescent
286-01
INSTRUMENT PANEL
TCH
lighting, with Vansco Instrument Panel Cluster module.
286-02
SHIFT SELECTOR LOCATION
NFI
located on instrument panel.
286-03
EXTERIOR LAMP TEST
NFI
simultaneously depress both turn signals.
Part of Vansco instrument panel cluster. Set to display miles.
286-04
SPEEDOMETER
VMI
With odometer (the display can be toggled to show Trip1, Trip 2,
engine hours). Remove "engine hours" on battery buses.
AUDIBLE SOUN D FOR TURN
286-05
BSC
Using click sound for turn signal and for hazard warning.
SIGNALS/HAZARDS
BRAKE/ACCELERATOR
provided by audible alarm and separate red warning lamp on
286-06
INTERLOCK DEACTIVATED
RED
instrument panel. (Must have in California.)
WARNING
REGENERATIVE BRAKE DISABLE
286-OC
DRV
In sawtooth panel above driver.
SWITCH LOCATION
286-OD
SILENTALARM
REQ
Required.
286-OF
SILENT ALARM SW LOCATION
VSC
On vertical face of the side console.
Two diagnostic plugs under the front dash (left side of the
DIAGNOSTICS PLUG
286-OP
004
steering column), at forward face of the SIDS barrier (above
LOCATIONS
driver) and on rear panel.
FUEL CELL FREEZE
286-20
PROTECTION
DOP
Switch at driver's overhead controls panel.
SWITCH/LOCATION
289-01
SECUREMENT OF HARNESSES
BSC
Hellerman Tyton clamps with Panduit releasable cable ties.
WIRING DECAL, REAR PLC AND
296-01
NFI
Provided, laminated.
FUSEBOX
296-02
WIRING DECAL,SIDE CONSOLE
LAM
Laminated, shipped loose.
SIDE CONSOLE DOOR DECAL
296-07
ENG
English
LANGUAGE
298-01
WATERTEST DURATION
010
10 minutes.
304-01
EXTERIOR PAINTTYPE
NFI
Axalta Imron Elite high solids polyurethane.
HIGH VOLTAGE SAFETY
304-06
REQ
Required.
DECALS
Grit blasted frame, moisture cure zinc -rich primer (applied for 12
304-07
CORROSION PROTECTION
12Y
year protection), anti -chip undercoating, corrosion preventive
coating sprayed inside frame tubes up to roof line.
304-09
jEXTERIOR LOGOS,NFIL
REQ
I NFI logos and Xcelsior logos in standard locations.
English / Spanish. Passenger compartment decals are the
PASSENGER COMPARTMENT
decals within the area of the coach designed for the seating of
304-OE
ENS
DECAL LANGUAGE
passengers and that are intended primarily for passenger
viewing.
INTERIOR FLEET NUMBER
304-OF
REQ
Required.
DECALS
English. Maintenance decals are the decals that will be
MAINTENANCE DECAL
304-OG
ENG
referenced primarily when performing maintenance on the
LANGUAGE
coach.
NFIL basic ramp & kneeling decal (red on white) and an arrow
304-OH
KNEELING / RAMP DECALS
BSC
decal (red and black) provided near the kneeling / ramp
deployment lights.
304-OJ
AIRTAN K DECALS
NFI
NFIL basic.
EXT FLEET NUMBERS,NON-
304-OM
RFL
Required (reflective).
ROOF
304-OZ
INTERIOR LOGOS, NFI
REQ
NFI logos at standard location.
5 lb ABC class. With gauge, hose and mounting bracket. UL
306-02
FIRE EXTINGUISHERS
5US
compliant for US customers.
306-03
FIRE EXTINGUISHER LOCATION
005
Mounted horizontally on the forward face of the driver's barrier.
306-05
SAFETY TRIANGLE LOCATION
DRV
Behind the driver.
Pedals adjustable fore/aft. Brake pedal angle set at 45 degrees
DRIVER'S PEDALS, POSITION /
350-01
A45
from pedal to floor. Throttle pedal angle set at 45 degrees from
TYPE
pedal to floor.
350-04
BRAKE VALVES
NFI
E6.
350-07
TURN SIGNAL SWITCHES
BSC
Basic switches, floor mounted.
350-08
DIMMER SWITCH
BSC
Foot switch located beside side console panel.
HAZARD WARNING LIGHT SW
350-OD
BSC
On side console.
LOCATION
350-OG
STEERING COLUMN
DAT
Douglas Autotech with tilt and telescopic features.
350-OH
STEERING WHEEL
18B
2 spoke, 18" diameter hard padded.
350-OM
DUAL HORN
BSC
Provided with splash shield.
400-01
JACKING / LIFTING PADS
001
4" diameter round pads at front and rear chassis.
420-02
EXTERIOR SIDE PANELS
NFI
Fiberglass.
420-03
REAR RF MOUNTED AIR SCOOP
SSU
Stainless Steel, unpainted (no coating).
STREETSIDE PROPULSION
420-04
WVY
With wavy screen.
COMPT DOOR
CURB & STREET ENG,S/CONS
Supported by gas struts, side console access door using a short
420-05
SGS
DOORS,STRUTS
gas strut.
CURB & STREET ENG COM PT,
Quarter turn chrome plated 5/16" square key latches. Also, used
420-06
CRM
BATTERY DOORS,LATCHES
for the separate battery access door.
Solid door which includes battery disconnect switch access
CURBSIDE PROPULSION
420-07
HE1
door (using gas strut). Also includes hydrogen fuel fill access
COMPARTM ENT DOOR
door.
DEFROSTER ACCESS DOOR
420-09
CRM
4 quarter turn chrome plated 5/16" square key latches.
LATCHES
BATTERY COMPARTMENT
Solid door located aft of the curb side rear wheel, separate from
420-OB
SOL
DOOR
the engine compartment.
SIDE CONSOLE DOOR
420-OF
CHR
Quarter turn chrome plated 5/16" square key quad latches.
LATCHES
420-OG
PROPULSION DOOR
SOL
Solid door with built-in handle.
420-OH
PROPULSION DOOR STRUTS
TWO
Two, the streetside strut has a locking mechanism.
420-01
PROPULSION DOOR LATCHES
CHR
Quarter turn chrome plated 5/16" square key quad latches.
REAR LICENSE PLATE
420-OM
002
Centered with bottom retainer and two upper inserts.
RETENTION
420-OP
RAIN GUTTER
NFI
0.44" cross section bonded. drain holes and plugs
ROOF HATCH INSTRUCTION
420-OR
ENS
English / Spanish.
LANGUAGE
420-15
ROOF HATCH SIZE,REAR
X24
24" X 24"
420-16
ROOF HATCH TYPE, REAR
BSC
Basic hatch/vent.
420-17
ROOF HATCH VENDOR,REAR
TRA
Transpec Worldwide.
Sprague motors 24 volt electric with Sprague wet arm wipers.
420-113
WIPERS
002
Intermittent.
5 US gallon with electric powered pump mounted using 4 weld
420-1E
WINDSHIELD WASHER BOTTLE
5US
nuts.
WINDSHIELD WASHER FILL
Accessed via a flip -out door built into the exterior side console
420-11'
NFI
LOCATION
access door.
420-1G
LOWER DRIVER'S VENT
REQ
Provided.
420-1H
FENDERS
MOL
Molded polyurethane.
420-1M
EXTERIOR UPPER REAR
LOU
Louvered style fiberglass door for rear HVAC.
420-1N
EXT UPPER REAR DOOR STRUTS
2NL
Two, non -locking.
EXT UPPER REAR
420-1P
CHR
Quarter turn chrome plate 5/16" square key latches.
DOOR, LATCHES
FRONT LICENSE PLATE
420-1T
SSB
On bumper towards street side.
LOCATION
FRONT LICENSE PLATE
420-1U
RET
Retainer on bumper.
RETENTION
420-24
WIPERS, MOTORARM LENGTH
A01
34"long arm.
420-25
WIPERS, WIPER BLADE LENGTH
W01
26" long blade.
WIPERS, SPRAY STREAMS PER
420-26
S02
2 streams per arm.
ARM
420-2A
CABIN COOLANT FILL DOOR
BSC
Basic hinged door.
Drip Edge along the bottom edge of the Rear Crown Panel/HVAC
DRIP EDGE FOR REAR CROWN
420-213
REQ
door to divert water entering the engine/propulsion
PANEL/HVAC DOOR
compartment.
UPPER CORNER PILLAR DOOR
420-2D
BSC
Quarter turn chrome plate 5/16" square key latches.
LATCHES
INSULATION,SI DEWALL AN D
421-01
POL
Polyisocyanuratefnam. meets Docket 90 spec.
ROOF
INSULATION, PROPULSION
Noise reduction acoustical foam, retained by perforated
421-03
ACO
COMPARTMENT
aluminum panels.
CEILING PNLS AFT OF FRT
422-02
WHT
Antique white plastic, SST trim.
W/HS INCL RR PLC
CEILING / HVAC COVER
422-03
WHT
Antique White fiberglass.
PANELS ABOVE FRT W/HS
Black. Includes dash, dest sign c/out, ent. mech. box, driver's
ENTRANCE /DRIVER'S AREA
422-05
BLK
o/head panels. and if used, ent. floor heat duct, frt. RH harness
PANELS COLOUR
cover is black powder coated alum.
DRIVER'S CEILING PANEL
422-06
MEL
Melamine.
MATERIAL
INTERIOR PIER PANEL
422-07
MEL
Melamine.
MATERIAL
422-08
PIER PANEL COLOUR
WHT
Antiquewhite
INTERIOR LWR SIDEWALL
422-OA
MEL
Melamine
MATERIAL
INTERIOR SIDEWALL
422-OC
CHA
Charcoal Grey Gloss
MELAMINE
INTERIOR PROPULSION COMPT
422-OD
HIN
A single hinged panel under the rear seat
ACCESS PANEL
Bulkhead panel covered with carpet / fabric material. With return
422-OE
INTERIOR UPPER REAR PANEL
CRG
air grille for RR mount HVAC system.
CARPET/ FABRIC,UPR REAR INT
422-OF
CHA
Charcoal Grey carpet with 1/2" plywood backing.
PANEL
TRIM,CARPET/MELAMINE UPR
422-OH
STE
Painted steel to match panel.
RR INT PANEL
C/S,S/S RR BULKHEAD ACCESS
422-OK
CPT
Carpeted DB plywood.
PANELS
H RNS/AIR LINE COVERS AT
422-OM
PFB
Painted flat black.
UPPER DECK
422-ON
FRT DEST SIGN DOOR LATCHES
SQL
Short wing quad latches.
422-OP
DRIVER'S OVERHEAD PANEL
NFI
With locker.
422-OR
DRIVER'S LOCKER LATCH
SQL
Short wing quad latch.
DRIVER'S COAT HOOK AND
Located on the forward face of the harness cover behind the
422-OT
FWD
STRAP
driver.
Above street side front wheelhouse. Incorporates driver's
With four Take One pockets. Quantity of trays as per
422-OU
SECURE DIAGNOSTIC STATION
SIDSbarrier.
customer and / or as per electronic equipment within
compartment.
422-OV
SIDS ENCLOSURE COLOUR
BLK
Flat Black.
SIDS ENCLOSURE DOOR
422-OW
KEY
5/16" square key quad latch.
LATCHES
FRONT SUNVISOR /
422-13
B01
Black rollerblind. Scissor type with 20" travel and 44" wide.
ROLLERBLINDS
422-14
SIDE SUNVISOR/ROLLERBLIND
B02
Black padded sunvisor.
422-15
SQUARE KEY T-HANDLE
DRV
Located at lower left of driver.
ENTRANCE MECHANISM BOX
422-16
2SW
Two short wing quad latches.
DOOR LATCH
C/S,S/S REAR BULKHEAD
422-113
ACCESS PANELS, OPENING
REM
Removable access panels.
METHOD
FRONT DASH, ACCESS PANEL
Quarter turn, black powder coated 5/16" square key quad
422-111
BSC
LATCH
latches.
INTERIOR UPPER REAR PANEL,
422-1W
FLT
Flat Trim Design
TRIM OPTIONS
INTERIOR UPPER REAR PANEL,
422-21
HGS
Hinged at top, held open with gas struts.
OPENING METHOD
INTERIOR UPPER REAR PANEL,
422-22
001
5/16" square key quad latch.
LATCHES
REAR PLC ENCLOSURE,
422-23
001
5/16" square key quad latch.
LATCHES
Lower deck uses pressure treated NTACQ plywood. Upper deck
450-02
FLOORING
PLY
uses composite for step and floor to the rear wheelhouses and
NT DB ACQ plywood to the rear.
Three panels set in the floor to access the driveshaft,
DRIVESHAFT/TRANSMISSION /
450-03
3CC
transmission/drive motor and on the composite step to access
DRIVE MOTOR ACCESS PANELS
air compressor.
Midnight TFM 27421(2.7 mm / 0.11" thick), for aisle and
450-06
ALTRO FLOOR COVERING
007
underseats.
Yellow anti -slip coating is applied to the edges and vertical faces
450-OA
STEPTO UPPER DECK
YLW
of the step.
One yellow flooring safety line provided fore of the hump at the
450-OB
FRONT AXLE STAN DEE LINE
YLW
front axle.
450-OC
ENTRANCE NOSING
B01
Nosing is 2" wide yellow anti-skid applied to the ramp.
450-OD
EXIT NOSING
ALT
2.5" yellow nosing for Altro / Tarabus flooring.
REAR SEAT RISER COVERING
450-OF
B01
Same material and colour as used for the flooring.
MATERIAL
DRIVER'S PLATFORM
450-01
A07
�Altro, Midnight TFM 27421(2.7 mm / 0.11" thick)
FLOORING
450-OK
DRIVER'S PLATFORM TRIM
SST
SST.
450-OM
OUTER WHEELHOUSES
B01
SST front and rear.
INTERIOR FRONT W/HOUSE
Matte black, painted stipple. An LED aisle light is provided on the
450-ON
B01
(LUGG RACK) COLOURS
streetside. Also, SST scuff guards are provided.
450-OT
TRIM UPPER DECK
ALU
Aluminum.
INTERIOR FRONT W/HOUSE
450-13
BSC
Standard height scuff guard
(LUGG RACK), SCUFF GUARDS
EXIT DOOR, WHEELHOUSEAND
450-14
ALU
Aluminum Trim
UPPER DECKTRIM, MATERIAL
72% light transmittance green laminated. With blue shade band
460-01
WINDSHIELDS
72B
for street and curb sides.
Required for coach delivery beyond a 500 mile radius of Final
460-02
WINDSHIELD PROTECTIVE FILM
REQ
Assembly.
PASS / DRVR'S WINDOWS
460-04
AGN
Arow Global frame mounted.
MANUFACTURER
FRAMED PASSENGER
460-06
BFT
Bottom is fixed, top tip -in.
WINDOWS
Full fixed picture window supported by gas strut. Glazing
460-07
SIDSWINDOW
FFG
matches passenger window, fully masked on interior side.
460-09
FRAMED WINDOW GLAZING
N01
Grey, 44% light transmittance, laminated.
460-OB
FRAMED WINDOW LOCKS
001
Locking set -screw.
460-OC
WIN DOW FRAM E COLOUR
BLK
All window frames are black anodized.
Minimum quantity based on FMVSS requirements, local,
460-OD
WINDOW EMERGENCY EGRESS
NFI
state/provincial, federal regulations or customer spec whichever
is greater.
SIDE DESTINATION SIGN
Curb side. Fixed clear top and fixed bottom. Bottom matches
460-OE
CSN
WIN DOWS
passenger window glazing. (review 470 for side sign details).
WINDOW GLAZING
460-OG
RAP
Rapid replacement.
REPLACEMENT
460-01
PASS WINDOW THICKNESS
6MM
6 mm.
With fore and aft sliding sashes. The forward sash has exterior
460-OM
DRIVER'S WINDOW,FRAMED
DSN
and interior handles. Non -egress.
AFTSASH,FRAMED DRIVER'S
460-ON
H LA
With interior handle and latch.
WINDOW
460-OP
DRIVER'S WINDOW GLAZING
LAM
Laminated with minimum 70% light transmittance.
470-01
DESTINATION SIGNS MFR
H03
Hanover, LED display system, EG4
DEST SIGN CONTROL UNIT
Under driver's overhead panel at forward position of sawtooth
470-02
OVR
LOCATION
panel.
470-06
HANOVER FRT.DEST.SIGNS
A01
Amber LED, 17x 160 pixels.
FRONT DESTINATION SIGN
470-07
LAM
Laminated.
GLASS
CURB SIDE DESTINATION SIGN
470-OA
2WI
At the second window, aft of the entrance door.
LOCATION
HANOVER CURBSIDE
470-OD
A03
Amber LED, 15 X 112
DEST.SIGNS
470-OH
REAR ROUTE SIGN, LOCATION
H DR
At the lower center of the rear HVAC door.
470-OM
HANOVER REAR ROUTE SIGNS
A01
Amber LED, 15 x 48.
AUTO VEHICLE MONITORING
470-11
FLE
Fleetwatch
SYSTEM (AVM)
SECOND AUTO VEHICLE
470-12
VEC
Vector Datalogger
MONITORING SYSTEM (AVM)
NEW FLYER CO N N ECT-
470-16
DIAGNOSTIC & MONITORING
WOD
Required without driver maneuver awareness system (DMAS).
SYSTEM
Provisions for future undetermined AVA/GPS system. Installation
470-1V
AVA/AVL PROVISIONS
PRV
of ground plates, conduit and fish wire (No antenna, no cables).
NF CONNECTSUBSCRIPTION
470-20
003
3 years.
TERM
470-22
GEOFENCE REQUIREMENT
NRQ
Not required
EXTERIOR MIRROR
480-02
HAD
Safe Fleet
MANUFACTURER
EXTERIOR SS MIRROR GLASS
480-03
2PC
2/1(upper portion is flat, lower portion is convex).
STYLE
EXTERIOR SS MIRROR GLASS
480-04
815
8" x 15"
SIZE
EXTERIOR SS MIRROR POWER
Dual remote control. (The upper and lower portions are remote
480-06
DUR
OPTIONS
controlled.)
EXTERIOR SS MIRROR ARM
Spring back. Mirror arm springs back to its previously set
480-08
SPR
FUNCTIONALITY
position after deflection.
480-09
STREET SIDE MIRROR MOUNT
HIG
High mount.
EXTERIOR CS MIRROR GLASS
480-OE
2PC
2/1(upper portion is flat, lower portion is convex).
STYLE
EXTERIOR CS MIRROR GLASS
480-OF
815
8" x 15"
SIZE
CURB SIDE MIRROR POWER
Dual remote control. (The upper and lower portions are remote
480-OH
DUR
OPTIONS
controlled.)
EXTERIOR CS MIRRORARM
Spring back. Mirror arm springs back to its previously set
480-OK
SPR
FUNCTIONALITY
position after deflection.
480-13
DRIVER'S REARVIEW MIRROR
BCO
8"x 15", black, convex.
480-14
SPOT M IRROR
6DF
6" diameter flat mirror with short arm, located at curbside front.
Convex, 12" diameter, mounted on curved modesty panel
480-15
EXIT DOOR MIRROR
12C
stanchion.
STREET/ CURB SIDE MIRROR
480-26
CAR
Carbon steel
ARM MATERIAL
490-01
ENTRANCE DOOR DRIVE SYS
ELC
Electric
490-02
ENTRANCE DOOR
VAP
Vapor slide glide.
ENTRANCE DOOR LIMIT
490-03
PRX
Solid state proximity switch.
SWITCH SET-UP
ENTRANCE EMERGENCY
490-04
PVD
Within mech box.
RELEASE VALVE
ENTRANCE DOOR MAGNETIC
490-05
REQ
required, located at baseplate venting entrance door
DUMP VALVE
ENTR/EXIT
490-07
ESP
English and Spanish.
FRANG.COVER,LANGUAGE
ENTRANCE DOOR COLOUR,
490-09
BLK
Black
INTERIOR
490-OB
ENTRANCE DOOR HANDLES
YLW
Yellow powder coated.
490-OK
ENTRANCE DOOR GLAZING
BSC
Full length single piece, 72% green.
490-OV
ENTR/EXIT FRANG.COVER
PER
Perforated cover.
ENT AND EXIT DOORS,
490-OW
INTERIOR AND EXTERIOR
BLK
Black Powder Coat
PANELCOLOR
491-01
EXIT DOOR DRIVE SYS
ELE
Electric with pneumatic emergency release.
One rear curbside exit door. Medium Ameriview Vapor Slide
491-02
EXIT DOOR
MED
Glide, 34.8" between panels.
491-03
SLIDE GLIDE EXIT LIMIT SWITCH
PRX
Solid state proximity switch.
491-04
EXIT DOOR CONTROL
DRC
Driver controlled at side console.
Pneumatic sensitive vertical edge sensor provided at all exit
491-OD
EXIT DOOR SENSITIVE EDGE
SVE
doors.
EXIT FRANGIBLE COVER
491-OH
MAG
Magnetic latch.
SECUREMENT
491-OM
EXIT DOORASSIST HANDLES
004
Yellow powdercoated, UPA-3 Aluminum
491-OP
EXIT DOOR GREEN LIGHT
LED
LED green light indicates that the exit door is set to open.
Buzzer and red 'rear door open' indicator at the instrument panel
491-OT
EXIT DOOR ALARM
B01
activated when the sensitive edge is triggered.
491-OU
EXIT DOOR GLASS SIZE
FUL
Full length.
491-OV
j EXIT DOOR GLAZING
I 6MM
16 mm
EXIT DOOR GREEN LIGHT
491-12
HOR
Exit door green light mounted horizontally on baseplate
MOUNTING ORIENTATION
491-15
EXIT DOOR MANUFACTURER
VAP
Vapor.
491-16
EXIT DOOR OPENING TYPE
SGL
Slide glide.
491-17
EXIT DOOR WIDTH
MED
Medium
491-18
EXIT DOOR PANEL MODEL
AMV
Ameriview.
491-19
CURBSIDE REAR EXIT DOOR
REQ
Required.
STREETSIDE CENTER EXIT
491-22
NRQ
Not required.
DOOR, 60'
40' PASSENGER SEAT
526-01
040
40
QUANTITY
PASSENGER SEAT
526-04
USS
STER Seating
MANUFACTURER
526-05
STER PASSENGER SEAT MODEL
GEM
Gemini seats.
526-09
REAR BENCH SEAT
NFI
1-3-1 hinged seat.
526-OA
PASSENGER SEAT MOUNTING
CAN
Cantilever
526-OB
SEAT MOUNTED GRABRAIL
RES
Composite resin
FIRST SEAT, CURBSIDE UPPER
526-OC
FFA
Forward facing.
REAR
FIRSTSEAT, STREETSIDE UPPER
526-OD
FFA
Forward facing.
REAR
526-OF
PASSENGER SEATING BARRIER
PED
Pedestal mounted barrier.
SEAT POSITION, FORWARD OF
526-OG
FFA
Forward facing.
REAR EXIT
ERGO TRANSIT DRIVER'S SEAT
526-OU
B01
Ergo AM80
MODEL
526-OW
DRIVER'S SEAT COVER
VNL
All vinyl.
526-OY
DRIVER'S SEAT BELT
BSC
Lap and shoulder belt with retractor on left hand side.
526-10
DRIVER'S SEAT BELT COLOR
BLK
Black
DRIVER'S SEAT BASE RISER
526-14
BLK
Black powdercoated steel.
MATERIAL
526-17
DRIVER'S SEAT HEADREST
VNL
Required, vinyl headrest.
WHEELCHAIR
Two. At basic locations, one aft of the curbside and one aft of the
526-18
B01
POSITIONS, QUANTITY
streetside front wheelhouses.
CS WHEELCHAIR RESTRAINT
526-19
VPR
Forward facing barrier with V-Pro front restraint.
SYSTEM
SS WHEELCHAIR RESTRAINT
526-1A
VPR
Forward facing barrier with V-Pro front restraint.
SYSTEM
SHOULDER HARNESS,W/CHR
Secured to structure (pier panel),one on curbside and one on
526-11)
FIX
RESTRAINTS
streetside. High mount harness location for aisle facing seats.
Curved style vertical stanchions. Using cast SST fittings for
526-1F
STANCHION /GRABRAIL STYLE
CUR
vertical and horizontal stanchions.
OVERHEAD HORIZONTAL
526-1G
SST
SST
GRABRAILS
COLOR - STANCHIONS AT EXITS
526-1K
YLW
Yellow SST
& RR RISER STEP
526-1N
VERT AFT OF S/S FRT W/HOUSE
VSS
To match colour of vertical seat stanchions (see Option 526-1T).
VERT FORE OF C/S FRT
526-1P
YLW
Yellow SST
W/HOUSE
526-111
VERT AFT OF C/S FRT W/HOUSE
SEA
To match colour of vertical seat stanchions (see option 526-1T).
COLOR - VERTICAL
526-1T
SST
SST
STANCH IONS AT SEATS
FRONT CURBSIDE LUGGAGE
526-22
001
Horizontal tube wrapping around fore, aisle, and aft sides
RACK
526-23
FAREBOX GRABRAIL STYLE
002
Wrap around stanchion and basic dash stanchion.
526-25
MODESTY PANEL MATERIAL
MEL
Melamine.
MODESTY PANEL MELAMINE
526-26
CGG
Charcoal Grey Gloss.
COLOR
C/SIDE FORE UPR DECK MOD
526-27
NFI
Approximately 2" diagonally.
PNL, GAP
BARRI ER AT STREET SI DE REAR
526-29
MOD
Modesty panel (material and color per 526-25/526-26).
RISER
One piece, full height Arow Global driver's door with extended
526-21
DRIVER'S DOOR
ARE
sliding glass top.
526-2M
BARRIER FWD OF EXIT(S)
UPB
Upper panel, 0.5" clear polycarbonate, basic width.
526-2T
EMERGENCY INSTRUCTIONS
ESP
English / Spanish.
DRIVER'S SEAT, FORE/AFT SEAT
526-32
FA1
The fore /aft seat travel is 9.45".
TRAVEL
DRIVER'S DOOR PANEL
526-35
T01
5/16" AS2 Tempered glass.
MATERIAL
FRONT CURBSIDE LUGGAGE
526-37
SST
SST
RACK COLOR
526-313
FAREBOX GRABRAIL COLOR
YLW
Yellow
SEAT FWD OF REAR BENCH
526-3V
FWD
Forward facing.
SEAT
549-01
HVAC UNIT 1
TK9
Thermo KingTE15 rear A/C unit.
549-04
HVAC UNIT MOTORTYPE
NFI
Brushless motor for primary heating & cooling system.
549-05
REFRIGERANT
407
R-407C freon.
549-06
HVAC AIR INTAKE
AIR
Recirculated air only.
549-07
HVAC RETURN AIR FILTER
RPF
TK polyester (disposable) filter.
549-OC
HVAC SYSTEM VALVES
BVB
Brass ball valves with basic handles.
549-OD
A/C AND HEATER LINE CLAMPS
IDE
Ideal.
549-OE
A/C COMPRESSOR
TND
Electric driven compressors integrated into the main HVAC unit.
Thermo King Intelligaire 3, valid for A/C or heater units. With
549-01
HVAC ELECTRONICS
TK1
limited diagnostic capabilities.
549-OK
HVAC CONTROL PANELS
TKH
Thermo King, installed at the HVAC unit.
549-ON
A/C PRESSURE READINGS
TK1
Obtained via the Thermo King Intelligaire 3 control panel.
549-OY
HVAC BOOSTER FAN
MCC
BCC overhead fan with brushless motor.
549-15
HVAC FAN SPEED SWITCH
REQ
Required at the side console.
549-16
BOOSTER PUMP
ROT
Rotron
BCC 3 speed brushless SPAL blower, plastic end -caps,
549-1A
DEFROSTER
004
electrically controlled damper with on/off interlock.
549-1E
AUXILIARY/CABIN HEATER
EV1
Valeo Thermo DC 200 (20 kw) @ 690V electric heater.
549-29
AIR/SURFACE PURIFIER
AAS
USSC Active Air system. Required at each HVAC unit.
580-01
FRONT WHEELCHAIR RAMP
NFF
NFIL ramp at front door. 32" wide, with 1:7 slope.
580-02
FRONT RAMP CONTROL
SWI
Ramp switch at driver's instrument panel.
Covered with Full Metal Jacket anti-skid treatment. The leading
580-08
WHEELCHAIR RAMP,SURFACE
FM1
edge is yellow FM1, the side flanges are painted yellow.
KNEELING/RAMP DEPLOYMENT
580-OG
MED
IP68-rated beeper, medium loud fast beep.
WARNING BEEPER
FRONT KNEELING/RAMP
580-OH
DEPLOYMENTWARNING
BSC
Curbside under front mask.
BEEPER LOCATION
600-05
BACK-UPALARM
BSC
Basic alarm located on curbside.
600-01
SDS TRAY QUANTITY
002
Two trays total.
Stainless Steel Material. Length = 26.56"; Front fore length =
600-OM
FAREBOX PEDESTAL
BSC
12.36"; Width = 13.96"; Height = 6"
600-ON
FAREBOX
GF3
41" Genfare FastFare
600-OP
FAREBOX,SUPPLIED BY
002
Supplied and installed by customer.
600-OR
FAREBOX POSITION / HOLES
PVD
Provided, only for power and ground.
DRIVER'S STORAGE BOX
600-1F
PDL
Basic box with paddle latch, no key.
BEHIND SEAT
RADIO,COMMUNICATION
Provisions for system. Installation of antenna (s),cabling and
600-26
PRV
SYSTEM
ground plates, as per customer spec.
600-2G
VIDEO SURVEILLANCE SYSTEM
CIE
Interior and exterior cameras.
VIDEO SURVEILLANCE
600-2H
IDI
IDISAmericas
SYSTEM, M FR
BICYCLE RACK
600-3V
STF
Sportworks, Trilogy, front mounted.
MANUFACTURER/MODEL
600-3WI
BICYCLE RACK MOUNTING
BOL
Bolted slide -in standoff.
600-3Y
I BICYCLE RACK REMOVAL
BOL
Bolted rack.
600-3Z
BICYCLE RACK MATL/COLOR
SAT
SST, satin anti glare finish.
BICYCLE RACK DEPLOY
600-40
REQ
Required.
INDICATOR LIGHT
600-42
BICYCLE RACK INSTRUCTIONS
ESP
English / Spanish
600-43
HYDROGEN DETECTION
AMS
Amerex Safety Net System.
Two detectors on the roof, one in the propulsion compartment,
HYDROGEN DETECTOR
600-47
AMS
one in the A/C compartment and one in the passenger
LOCATIONS
compartment.
600-4D
VIDEO/INFOTAINMENT SYSTEM
REI
REI
VIDEO/INFOTAINMENT DISPLAY
600-4E
002
Two
QN
AUTOMATIC PASSENGER
600-5A
FUL
Full system.
COUNTER SYSTEM
AUTOMATIC PASSENGER
600-513
H09
Hella APS-B (provided by Urban Transportation Associates)
COUNTERVENDOR
FAREBOX PEDESTAL
600-61'
BFM
Black fullmetaljacket.
TREATMENT
600-81
ANTENNA
REQ
Required.
H2 FILL STATION
Communication between bus and fill island done via infrared
600-84
I RD
COMMUNICATION
(IRDA) transmitter connected to TN1 fast fill receptacle.
BICYCLE RACK DEPLOYMENT
600-87
REQ
Required.
SWITCH
600-813
CAMERA MIRROR SYSTEM
PRV
Provisions
NEW FLYER®
Morongo Basin Transit Authority
July 10, 2024
Notice of Intent to Award Basin Transit RFP 423-01 Joint Procurement
Basin Transit staff has evaluated the offers submitted in response to the subject solicitation. Based
on the evaluation criteria contained in the solicitation, the following firms are proposed to be
awarded contracts for the Basin Transit Joint Procurement for Heavy Duty Transit Vehicles:
1. Gillig LLC, 451 Discovery Drive, Livermore, Ca 94551: For Gillig low floor 30' buses in
diesel and CNG. Gillig low floor battery electric, diesel and CNG 35' and 40' buses.
2. New Flyer of America, 6200 Glen Carson Drive, St. Cloud Minnesota, 56301: For New
Flyer Excelsior battery electric, diesel and CNG 35-40' buses, fuel cell 40' buses.
3. Motor Coach Industries, 200 East Oakton Street, Des Plaines, Illinois, 60018: For MCI 45'
diesel and battery electric Commuter buses.
Orders will only be placed through an Assignment Process that will be managed jointly by Basin
Transit and the California Association for Coordinated Transportation. This procurement is a
multiple award solicitation and in addition to pricing, Ordering Agencies may consider other
criteria such as the past performance or warranty terms, fleet conformity, logistical support and
other factors in making their decision of which vehicle/s to select.
Basin Transit reviewed the proposals submitted by the aforementioned firms and found them
responsive to the solicitation. Additional award details will be specified in the staff report
recommending authorization to award to the Basin Transit Board of Directors at its regularly
scheduled meeting of July 25, 2024 and in correspondence to the prospective awardees.
If there are other questions regarding the recommendation, please contact the undersigned at 760-
285-3479 orjoe@basin-transit.com
Sincerely,
Joe G. Meer
Director of Cooperative Purchasing Programs
BASIN
TRANSIT
Request for Proposal
Joint Procurement for
Heavy Duty Transit Vehicles (BEB, FC and ICE Buses)
On behalf of Participating California Agencies collected by the California Association fo
Coordinated Transportation (CalACT)
RFP No. 23-01 REV 5
May 2024 Revision
(Final)
Contents
SECTION 1: NOTICE OF REQUEST FOR PROPOSALS....................................................................7
NR 1. Purpose of the Procurement and Period of Performance........................................................
NR 2. Description of the Work to be Done.......................................................................................
NR 3. Proposal Due Date and Submittal Requirements....................................................................
NR4. Validity of Proposals...............................................................................................................
NR 5. Pre -Proposal Meeting Information..........................................................................................
SECTION 2: INSTRUCTIONS TO PROPOSERS..............................................................................10
IP1. Estimated Quantities..................................................................................................................
IP 2. Proposed Schedule for the Procurement...................................................................................
IP 3. Obtaining Proposal Documents.................................................................................................
IP 4. Proposal Security Requirements - None...................................................................................
IP 5. Pre -Proposal Meeting/Information for Proposers.....................................................................
IP 6. Questions, Clarifications and Omissions...................................................................................
IP7. Addenda to RFP........................................................................................................................
IP 8. DBE Requirements for Transit Vehicle Manufacturers............................................................
IP 9. Conditions, Exceptions, Reservations or Understandings.........................................................
IP10. Protest Procedures...................................................................................................................
IP10.1 Address............................................................................................................................
IP 10.2 Pre -Proposal Protests.......................................................................................................
IP 10.3 Protests on the Recommended Award.............................................................................
IP10.4 FTA Review....................................................................................................................
IP11. Preparation of Proposals..........................................................................................................
IP11.1 Use of Proposal Forms....................................................................................................
IP 11.2 Alternate and Multiple Proposals....................................................................................
IP 11.3 Proposal Format Requirements.......................................................................................
IP 11.4 Agency Treatment of Proprietary/Confidential Information ...........................................
IP 11.5 Signing of Proposal Forms..............................................................................................
IP 11.6 Modification or Withdrawal of Proposals.......................................................................
IP 11.7 Cost of Proposal Development........................................................................................
IP 12. Proposal Evaluation, Negotiation and Selection.....................................................................
IP 12.1 Confidentiality of Proposals............................................................................................
IP 12.2 Duration of the Validity of Proposals..............................................................................
IP12.3 Evaluation Committee.....................................................................................................
IP 12.4 Proposal Selection Process..............................................................................................
IP12.5 Evaluation Procedures.....................................................................................................
IP 12.6 Evaluations of Competitive Proposals............................................................................
IP13. Response to Proposals.............................................................................................................
IP 13.1 Single Proposal Response...............................................................................................
IP 13.2 Availability of Funds.......................................................................................................
IP 13.3 Agency Contract Approval Process................................................................................
IP13.4 Agency Rights.................................................................................................................
IP13.5 Execution of Contract......................................................................................................
IP 14. Conflicts of Interests and Gratuities........................................................................................
2
IP 15. Agency -Specific Provisions....................................................................................................
IP 15.1 Purpose of the Solicitation..............................................................................................
IP 15.2 Roles of the Parties for this Solicitation..........................................................................
SECTION 3: GENERAL CONDITIONS...............................................................................................28
GC1. Definitions...............................................................................................................................
GC2. Materials and Workmanship...................................................................................................
GC 3. Conformance with Specifications and Drawings....................................................................
GC 4. Inspection, Testing and Acceptance........................................................................................
GC4.1 General............................................................................................................................
GC4.2 Risk of Loss.....................................................................................................................
GC5. Title and Warranty of Title......................................................................................................
GC 6. Intellectual Property Warranty................................................................................................
GC7. Data Rights..............................................................................................................................
GC 7.1 Proprietary Rights/Rights in Data...................................................................................
GC 7.2 Access to Onboard Operational Data..............................................................................
GC8. Changes...................................................................................................................................
GC8.1 Contractor Changes.........................................................................................................
GC8.2 Agency Changes..............................................................................................................
GC9. Legal Clauses..........................................................................................................................
GC9.1 Indemnification...............................................................................................................
GC9.2 Suspension of Work........................................................................................................
GC 9.3 Excusable Delays/Force Majeure....................................................................................
GC9.4 Termination.....................................................................................................................
GC 9.5 Compliance with Laws and Regulations.........................................................................
GC9.6 Changes of Law...............................................................................................................
GC 9.7 Governing Law and Choice of Forum.............................................................................
GC9.8 Disputes...........................................................................................................................
GC 9.9 Maintenance of Records; Access by Agency; Right to Audit Records ...........................
GC 9.10 Confidential Information...............................................................................................
GC 9.11 Conflicts of Interest, Gratuities.....................................................................................
GC 9.12 General Nondiscrimination Clause...............................................................................
GC9.13 Amendment and Waiver................................................................................................
GC9.14 Remedies not Exclusive................................................................................................
GC9.15 Counterparts..................................................................................................................
GC9.16 Severability....................................................................................................................
GC 9.17 Third -Party Beneficiaries..............................................................................................
GC9.18 Assignment of Contract.................................................................................................
GC9.19 Independent Parties.......................................................................................................
GC9.20 Survival.........................................................................................................................
GC 10. Agency -Specific Provisions - Reserved................................................................................
SECTION 4: SPECIAL PROVISIONS..................................................................................................44
SP 1. Authorization to Use the Procurement.....................................................................................
SP2. Assignability.............................................................................................................................
SP3. Period of Performance..............................................................................................................
9
5P4. Procurement Fee.......................................................................................................................
SP5. Pricing.......................................................................................................................................
SP5.1 Price Protection................................................................................................................
SP 5.2 Price Validity for the Initial Contract Term.....................................................................
SP 5.3 Vehicle and Optional Feature Pricing for Option Periods ................................................
SP5.4 Prohibitions.......................................................................................................................
SP5.5 Price Adjustments.............................................................................................................
SP6. Ordering Procedures.................................................................................................................
SP 7. Inspection, Testing, Acceptance and Repairs...........................................................................
SP 7.1 First Article Inspection.....................................................................................................
SP7.2 Pre -Delivery Tests............................................................................................................
SP 7.3 Service Prior to Delivery..................................................................................................
SP 7.4 Delivery Inspection, Post -Delivery Tests and Acceptance ..............................................
SP 7.5 Documentation and Deliverables Per Bus Order..............................................................
SP 7.6 Repairs after Non-Acceptance..........................................................................................
SP 7.7 Orientation with Delivery .................................................................................................
SP8. Registration of Vehicles...........................................................................................................
SP9. Payment....................................................................................................................................
SP9.1 Invoices.............................................................................................................................
SP9.2 Payment of Taxes.............................................................................................................
SP10. Delivery Schedule..................................................................................................................
SP 11. Liquidated Damages for Late Delivery of the Bus.................................................................
SP12. Service and Parts....................................................................................................................
SP 12.1 Contractor Service and Parts Support .............................................................................
SP 12.2 Parts Availability Guarantee...........................................................................................
SP 13. Federal Motor Vehicle Safety Standards(FMVSS)...............................................................
SP 14. Motor Vehicle Pollution Requirements..................................................................................
SP15. Insurance.................................................................................................................................
SP 16. Buy America Post -Delivery Audit.........................................................................................
SP17. Interchangeability...................................................................................................................
SP18. New Technology....................................................................................................................
SECTION 5: FEDERAL REQUIREMENTS........................................................................................ 57
FR1. Access to Records....................................................................................................................
FR1.1 Local Governments..........................................................................................................
FR1.2 State Governments...........................................................................................................
FR 2. Federal Funding, Incorporation of FTA Terms and Federal Changes .....................................
FR 3. Federal Energy Conservation Requirements............................................................................
FR 4. Civil Rights Requirements.......................................................................................................
FR 5. No Government Obligation to Third Parties............................................................................
FR 6. Program Fraud and False or Fraudulent Statements or Related Acts ......................................
FR7. Suspension and Debarment......................................................................................................
FR 8. Disadvantaged Business Enterprise (DBE)..............................................................................
FR9. Clean Water Requirements......................................................................................................
FR 10. Clean Air Requirements.........................................................................................................
FR 11. Compliance with Federal Lobbying Policy...........................................................................
4
FR12. Buy America..........................................................................................................................
FR13. Testing of New Bus Models...................................................................................................
FR 14. Pre -Award and Post -Delivery Audits....................................................................................
FR15. Cargo Preference....................................................................................................................
FR16. Fly America............................................................................................................................
FR 17. Contract Work Hours and Safety Standards Act...................................................................
FR18. ADA Access...........................................................................................................................
SECTION 6: TECHNICAL SPECIFICATIONS...................................................................................67
TS1. GENERAL...............................................................................................................................
SECTION 7: WARRANTY REQUIREMENTS................................................................................... 68
WR1. Basic Provisions.....................................................................................................................
WR1.1 Warranty Requirements..................................................................................................
WR1.2 Voiding of Warranty.......................................................................................................
WR 1.3 Exceptions and Additions to Warranty...........................................................................
WR1.4 Fleet Defects...................................................................................................................
WR2. Repair Procedures...................................................................................................................
WR2.1 Repair Performance........................................................................................................
WR2.2 Repairs by the Contractor...............................................................................................
WR2.3 Repairs by the Agency....................................................................................................
WR 2.4 Warranty after Replacement/Repairs.............................................................................
WR2.5 Forms..............................................................................................................................
WR2.6 Return of Parts................................................................................................................
WR2.7 Timeframe......................................................................................................................
WR2.8 Reimbursements.............................................................................................................
SECTION 8: QUALITY ASSURANCE................................................................................................. 75
QA 1. Contractor's In -Plant Quality Assurance Requirements.........................................................
QA 1.1 Quality Assurance Organization.....................................................................................
QA 1.2 Quality Assurance Organization Functions....................................................................
QA2. Inspection................................................................................................................................
QA2.1 Inspection Stations..........................................................................................................
QA 2.2 Optional Resident Inspectors..........................................................................................
QA3. Acceptance Tests.....................................................................................................................
QA3.1 Responsibility..................................................................................................................
QA3.2 Pre -Delivery Tests...........................................................................................................
QA 4. Agency -Specific Requirements...............................................................................................
QA 4.1 Pre -Delivery Bus Documentation Package (BDP).........................................................
SECTION 9: FORMS AND CERTIFICATIONS................................................................................. 82
CER1. Proposer's Checklist..........................................................................................................
CER 2. Request for Pre -Offer Change or Approved Equal............................................................
CER 3. Acknowledgement of Addenda..........................................................................................
CER 4. Contractor Service and Parts Support Data.......................................................................
CER5. Pricing Schedule................................................................................................................
CER 6. Pre -Award Evaluation Data Form.....................................................................................
5
CER 7. Federal Certifications and Other Certifications.................................................................
CER 1.1 Buy America Certification............................................................................................
CER 1.2 Debarment and Suspension Certification for Prospective Contractor ..........................
CER 1.3 Debarment and Suspension Certification (Lower -Tier Covered Transaction) .............
CER 1.4 Non -Collusion Affidavit...............................................................................................
CER 1.5 Lobbying Certification..................................................................................................
CER 1.6 Certificate of Compliance with Bus Testing Requirement ...........................................
CER 1.7 DBE Approval Certification.........................................................................................
CER 1.8 Federal Motor Vehicle Safety Standards......................................................................
CER1.9 Proposal Form...............................................................................................................
CER1.10 Notice of Award..........................................................................................................
CER 1.11 Vehicle Questionnaire.......................................................................................................
SECTION 10: CONTRACT................................................................................................................103
Attachment1 - Contract.....................................................................................................................
SECTION 11: APPENDIXES.............................................................................................................106
Appendix A-1: H-LF 3 0' -3 5' (ICE).................................................................................................
Appendix A-2 H-LF 35'-40'(ICE)................................................Error! Bookmark not defined.
Appendix A-3 — H-OTR (ICE) ......................................................Error! Bookmark not defined.
Appendix A-4 — H-BEB/FC 35'40.............................................Error! Bookmark not defined.
Appendix A-5 H-OTR BEB ..............................
Appendix B: Visual Inspection and Road Test Forms.......................................................................
Appendix C, Participants List (Attached)..........................................................................................
AppendixD, References....................................................................................................................
AppendixE, Buy America.................................................................................................................
AppendixF, References....................................................................................................................
AppendixG, Acronyms........................................................................................
Appendix H, References List.................................................................................
Appendix I, Plant and Service Center Inspection Sheets ..................................................
Appendix J, Vehicle Questionnaire...........................................................................
AppendixK, RFA Form.......................................................................................
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
SECTION 1: NOTICE OF REQUEST FOR PROPOSALS
NR 1. Purpose of the Procurement and Period of Performance
The purpose of this joint procurement is to procure Heavy Duty Transit Vehicles. Basin Transit
("Agency") is the lead agency for the solicitation on behalf of the other participants in the joint
procurement. BASIN TRANSIT (formerly Morongo Basin Transit Authority) further reserves
the unilateral right to assign vehicles under this procurement to any other public agency,
government entity or non-profit organizations performing governmental services under
intergovernmental contracting procedures. The agencies that are listed in Appendix C have
identified their reasonably expected needs during their respective service planning processes and
will have the ability to purchase vehicles for the term of the contract. Following contract award,
the California Association for Coordinated Transportation (" CalACT") shall provide contract
administration activities related to the joint procurement. BASIN TRANSIT retains the right to
self -assignment and administration of its own and its subrecipient acquisitions. The resulting
contract may only be modified or amended by written action of BASIN TRANSIT.
The initial period of performance shall be one (1) year. Basin Transit shall have the unilateral
right to extend the period of performance for four (4) 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 Transit vehicles under the
joint procurement in accordance with the terms and conditions set forth in RFP No. 23-01. A
single Contract will be executed by BASIN TRANSIT acting on behalf of the all participants.
Ordering agencies issue individual purchase orders against the basic contract as funding becomes
available to the agencies during the life of the contract. The purchase orders would reflect the
basic contract unit prices and reference the basic contract for other terms and conditions.
Specifically, the Agency is requesting proposals and pricing for the following types of buses:
ICE (CNG and diesel) Zero Emission (Battery electric and Fuel Cell) vehicles. The buses are to
be current model year factory production vehicles which are to be titled as new vehicles with less
than 3000 miles. All parts used to modify and convert the vehicle for transit use are also to be
brand new.
Proposal due Date and Submittal Requirements
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
Proposals must be received by Due Date/s specified in IP 2
Sealed Proposals shall be submitted to following address:
Basin Transit
62405 Verbena Road
Joshua Tree, California 92252
2. Envelopes or boxes containing Proposals shall be sealed and clearly labeled with the
Agency's Proposal number and the solicitation title: RFP No. 23-01, Joint Procurement
for Heavy Duty Transit Vehicles.
Proposers are requested to submit to the Agency one hard copy marked "Original," and
eight (8) marked and labeled USB thumb drives, each containing an electronic PDF copy
of the Proposal and all required Excel files and Buy America documents. Files are to be
formatted to include Optical Character Recognition (OCR) so items can be searched. In
case of any discrepancies, the hard copy shall be considered by the Agency in evaluating
the Proposal, and the electronic version is provided for the Agency's administrative
convenience only. Electronic Files are to be organized into subfolders for Technical
Package, Price, Qualifications and Confidential Items as more thoroughly described in
Section 9. A Proposal is deemed to be late if it is received by the Agency after the
deadline stated above. Proposals received after the submission deadline shall be rejected.
Firms that intend to propose multiple vehicle manufacturer lines may consolidate
their electronic responses into eight (8) single high -capacity drives provided that
the media is labeled with Dealer/Manufacturer name, RFP 23-01" and the
electronic files are organized into subfolders with file names by manufacturer and
type of file.
Example: Main Folder named "Acme Bus," containing subfolders for "Acme
Class A-C Proposal," "Acme Class A-C Price Worksheet," "Acme A-C Class
Buy America Worksheet," "Acme Buy America Cost Documentation," "Acme
Vehicle Information Worksheet" etc.
In its letter of transmittal, the Proposer is to identify its primary point of
contact for follow up inquiries as part of the evaluation process.
NR 3. Validity of Proposals
Proposals and subsequent offers shall be valid for a period of two hundred ten (210) days.
NR 4. Pre -Proposal Meeting Information
See IP 5, for meeting details.
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
Pre-Cont ract Cont r a c t i ng Of f i c e r ' s
Name: Mr. Joe Meer
Title: Director of Cooperative Purchasing Programs
Address: 62504 Verbena Road, Joshua Tree, CA 92252
Phone number: 760-285-3479
E-mail: joe@basin-transit.com
Fax number: 760-366-2445
Contact I n f o i
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
9
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
SECTION 2: INSTRUCTIONS TO PROPOSERS
IP 1. Background Information
This solicitation is a joint procurement for the manufacture and delivery of Heavy Duty Transit
vehicles which may be ordered by public agencies collected by CalACT that have specifically
entered into this joint procurement. Individual orders may include and consist of optional
features, spare parts, training materials and manuals.
The resulting contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) contract, with
specific minimum and maximum quantities for the total number of vehicles to be potentially
ordered during the contract period.
The minimum and maximum quantities established for the contract period are:
Total (5 year) Minimum 1100
Total (5 year) Maximum 3957
These figures represent the foreseeable needs of the listed Agencies shown on Appendix C.
ONLY these agencies shall be able to be order or assign vehicles from this joint procurement.
Neither BASIN TRANSIT, CalACT or any other participant guarantee the purchase of any
particular model or configuration of vehicle offered. Because multiple awards are contemplated,
no individual vendor receiving an award based on this procurement cannot be guaranteed a
minimum number of sales. Orders shall be placed on an as -needed basis. Should a vendor
receive no orders for any of its models or configurations under its collective contracts resulting
from this solicitation, BASIN TRANSIT shall provide upon request a contract minimum
payment of $100.
IP 2. Proposed Schedule for the Procurement
The following is the solicitation schedule for proposers:
• RFP Release: Friday, November 17, 2023.
• ZEB Pre -Proposal Zoom Meeting: Monday, December 11, 2023. 0900 PST. Contact
Joe(a),Basin-Transit.com for access link and agenda.
• Proposer communications and requests: Friday, January 19, 2024
• Responses to Proposer's communications and/or Agency addenda: Friday, February 23,
2024 (Issued February 5, 2024)
• Proposals Due Date: Tuesday, April 12, 2024, 5 pm
10
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
ZEB Buy America Post Proposal Zoom Meeting: TBD
IP 3. Obtaining Proposal Documents
Proposal documents may be obtained from Basin Transit electronically at www. Basin
Transitbus.com. Documents requested by mail shall be packaged and sent postage paid.
Documents requested by courier shall be packaged and sent only at the Proposers' expense.
IP 4. Proposal Security Requirements — None
IP 5. Pre -Proposal Meeting/Information for Proposers
A Pre -Proposal Meeting shall be held electronically on at the time and date specified in IP2.
Prospective Proposers are urged to make every effort to attend this meeting. This is for
prospective proposers only; the meeting is not for suppliers or subcontractors. Please contact
joe@basin-transit.com for access to the meeting and identify your attendees.
The meeting is informational and not a Q&A session. Questions should be sent in writing to
BASIN TRANSIT, using the RFA process and form. 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.
11
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
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.
IP 7. Addenda to RFP
The Agency reserves the right to amend the RFP at any time in accordance with "Proposed
Schedule for the Procurement." Any amendments to the RFP shall be described in written
addenda. Notification of or the addenda also shall be distributed to all such prospective
Proposers officially known to have received the RFP. Failure of any prospective proposer to
receive the notification or addenda shall not relieve the Proposer from any obligation under the
RFP therein. All addenda issued shall become part of the RFP. Prospective Proposers shall
acknowledge the receipt of each individual addendum in their Proposals on the form
Acknowledgement of Addenda. Failure to acknowledge in the Proposal receipt of addenda may
at the Agency's sole option disqualify the Proposal.
If the Agency determines that the addenda 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 submitted a goal to the Federal Transportation
Administration (FTA) and it has not been disapproved. In addition, TVMs are to submit
to grantees a copy of their FTA approval letter along with the TVM certifications. Failure to
maintain TVM Status through the term of the contract, may result in termination of the contract.
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.
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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:
Basin Transit
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, Basin Transit, 62405 Verbena Road, Joshua
Tree, CA 92252, 760-366-2986. Proposals shall be opened and a Notice of Award shall be
issued by the Agency in accordance with the Agency's protest procedures and the protest
provisions of FTA Circular 4220.1F or its successor.
IP 10.2 Pre -Proposal Protests
Pre -Proposal protests are protests based upon the content of the solicitation documents. Three
copies of Pre -Proposal protests must be received by the Agency's office no later than ten (10)
calendar days after the RFP is first advertised. Protests shall be considered and either denied or
sustained in part or in whole, in writing, in a manner that provides 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,"
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above, no later than fifteen (15) calendar days after the date such notification is received. Prior to
the issuing of the Notice of Award, a written decision stating the grounds for allowing or
denying the protest shall be transmitted to the protestor and the proposer recommended for award
in a manner that provides verification of receipt.
IP 10.4 FTA Review
After such administrative remedies have been exhausted, an interested party may file a protest
with the Federal Transit Administration of the U.S. Department of Transportation's designee,
The California Department of Rail and Mass Transit (CalTrans) pursuant to the procedures
provided in the FTA C 4220.1F or its successor. CalTrans/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 It. Preparation of Proposals
IP 11.1 Use of Proposal Forms
Proposers are advised that the forms contained in this RFP are required to be used for submission
of a Proposal.
IP 11.2 Alternate and Multiple Proposals
A Proposer may submit multiple proposals. However, each proposal may only contain
information for one vehicle. Proposers are expressly prohibited from 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. 3 ring binders to be used marked with Proposers name,
Manufacturer and Line Item bid on cover and spine of folder. 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 detailed 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 proposed.
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4. Vehicle Questionnaire — CER 9, Appendix J, Vehicle Questionnaire, Appendix I,
Service/Parts Center and Plant Questionnaires, Appendix H, References List, submit
Hardcopy and excel sheets.
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 Service/Warranty Administration Plan. Each Proposer shall
provide the proposed warranty for their vehicle and the major components. This
information shall be submitted on the form provided for this purpose. In addition, the
Proposer is to be submit a narrative on how warranties shall be handled, the forms, the
process, etc.
8. Quality Assurance Procedures
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.
I. Letter of Transmittal
2. Price Worksheet (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. Pricing is to be proposed on a pre-tax
basis. Taxes applicable to the purchaser shall be paid as a pass -through cost,
without mark-up or additional fee.
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
responsible for making tax payments on a timely basis, subject to reimbursement as noted above.
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. Statement of
Current Financial Condition.
4. Letter(s) for insurance, indicating the manufacturer and/or the Contractor's ability to
obtain the insurance coverage in accordance with the RFP requirements
5. Proposal Form — CER 2.0
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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, Tax and Felony Conviction certifications. —
CER 1.1 — 1.8
7. Copy of the FTA's letter of the TVM's DBE goal showing either approval of the DBE
goal or not disapproval.
Package 4: Proprietary/Confidential Information Package Requirements
The Proposer is directed to collect and submit any information it deems to be proprietary or
confidential in nature in a separate 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
release, it shall indemnify, 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 party regarding this Proposal, the Agency shall notify the
Proposer in writing. The Proposer must respond within ten (10) business days with the
identification of any and all "proprietary, trade secret, or confidential commercial or financial"
information. Failure to respond within the allowed period shall be deemed an approval to release.
The proposer shall indemnify the Agency's defense costs associated with its refusal to produce
such identified information; otherwise, the requested information may be released.
The Agency shall employ sound business practices no less diligent than those used for the
Agency's own confidential information to protect the confidence of all licensed technology,
software, documentation, drawings, schematics, manuals, data and other information and
material provided by Proposers and the Contractor pursuant to the Contract that contain
confidential commercial or financial information, trade secrets or proprietary information as
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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,
or is made with a requested BAFO. All modifications shall be made in writing and executed and
submitted in the same form and manner as the original Proposal.
A Proposer may withdraw a Proposal already received prior to the Proposal Due Date by
submitting to the Agency, in the same manner as the original Proposal, a written request for
withdrawal executed by the Proposer's authorized representative. After the Proposal Due Date, a
Proposal may be withdrawn only if the Agency fails to award the Contract within the Proposal
validity period prescribed in "Duration of the Validity of Proposals," or any agreed -upon
extension thereof. The withdrawal of a Proposal does not prejudice the right of a Proposer to
submit another Proposal within the time set for receipt of Proposals.
IP 11.7 Cost of Proposal Development
This RFP does not commit the Agency to enter into a Contract, to pay any costs 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
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determine which Proposals are within a Competitive Range. Discussions and negotiations may
then be carried out with Proposers within the Competitive Range, after which BAFOs may be
requested.
However, the Agency may select a Proposal or Proposals for award without any discussions
or negotiations or request for any BAFOs. Proposers are hereby notified that the selected
firms are expressly prohibited from offering any rebates, parts credits and any other price
discounts following contract award. Thus, the initial proposal should represent the "best offer."
Subject to the Agency's right to reject any or 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 Proposer(s) concerned.
IP 12.3 Evaluation Committee
An Evaluation Committee, which shall include officers, employees and agents of the Agency
and/or other participating agencies, shall be established. The Evaluation Committee shall carry
out the detailed evaluations, including establishing the Competitive Range, 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.
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"Proposal Evaluation Criteria" contains all the evaluation criteria, and their relative order of
importance, by which a Proposal from a qualified Proposer shall be considered for selection. An
award, if made, shall be to responsible Proposer(s) for a Proposal that is found to be in the
Agency's best interests, based on price and other evaluation criteria considered. The procedures
to be followed for these evaluations are provided in "Evaluation Procedures," below.
Qualification Requirements
The following are the requirements for qualifying responsible proposers. All of these
requirements should be met; therefore, they are not listed by any particular order of importance.
Any Proposal that the Evaluation Committee finds not to meet these requirements, and cannot be
made to meet these requirements, may be determined by the Evaluation Committee not to be
responsible and the Proposal rejected. The requirements are as follows:
1. Sufficient financial strength, resources and capability to finance the Work to be
performed and to complete the Contract in a satisfactory manner, as measured by the
following:
• • Proposer's financial statements (last 3 years) prepared in accordance with
generally accepted accounting principles and audited by an independent
certified public accountant. The Agency at its discretion may request
additional documents to evaluate the financial condition of the manufacturer,
suppliers or other documents it needs to determine the financial viability of
the proposal. Basin Transit at its sole discretion may and will likely follow up
during the evaluation process and require the provision of Financial
Statements meeting the above criteria from the manufacturers. electrification
modifiers or other key supplier's integral to the proposal.
• • Statement of Current Financial Condition. In addition to the financial
statements, the Agency requests that the proposer provide a "Statement of
Current Financial Position" that updates the financial statements requirement
as well as any unidentified subsequent events. Any Going Concern issues are
to be disclosed and discussed. The statement is to be prepared by the
p r o p o s i n g f i r m' s C e r lIe dafed ne ahrlicV thdn lkhe c A c c
release date of this RFP and address the items below.
As part of our due diligence, we are focusing on subsequent event(s) related to
COVID-19 and resulting supply chain disruptions, inflation and the impact on
financial performance and ability to perform on contracts. That process will look
at the notes to the financial statements and any relevant information offered by the
company's management will be considered.
Determination of impact of any subsequent event related to the COVID-19
pandemic on the financial statements involve management judgement. This would
include consideration of the date of the financial statements, the facts and
circumstances pertaining to the entity and the conditions that existed at, or arose
after, that date.
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As the impacts of the COVID-19/Supply chain issues continue to evolve,
capturing events that relate specifically to conditions that existed or exist at the
date of the financial statements, or after the reporting date, may require
assessment.
A few examples of events and conditions that may be affected by, or exist and can
facilitate identification of subsequent events are given below:
-Commitments: New commitments, borrowings or guarantees
-Force maj eure: Invocation of force maj eure clause by any party (e.g.
supplier or customer) thereby impacting the supply chain/availability of
customers for the entity's products
-Government stimulus package: Relief or economic stimulus payments
provided by the government in the form of loans or grants
-Expected Credit Loss (ECL) provisioning: Collectability of trade
receivables affected in cases by COVID-19. Status of firm's lines of credit
(flooring) in order to support the transactions that may take place doing
business with the consortium.
•Impairment indicators: Indications of impairment in the value of
investments in companies whose businesses have been severely affected
by the pandemic
-Employee related expenses: Employee termination benefits resulting
from a reduction (e.g. because of closure or re -organization of operations
that occurred after the reporting date)
-Other events: Events that are relevant to the recoverability of assets,
ongoing pertinence of business and valuation assumptions Events that will
bring into question the appropriateness of accounting policies used in the
financial statements. For instance, events call into question the validity of
the going concern assumption, ECL model and useful lives of property,
plant, and equipment. Events that are relevant to the measurement of
estimates or provisions made in the financial statements. For instance,
derivative and hedging considerations, insurance claims and rebate
arrangements with customers.
-Contingencies: Any developments regarding contingencies (for example,
new contingent liabilities or circumstances affecting the evaluation of
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existing contingent liabilities, the ability to meet agreed -on performance
targets for contingent consideration in business combination arrangements,
etc.)
-Tax considerations: Tax considerations e.g., impact of reduced flow of goods and
services on transfer pricing agreements; recoverability of deferred tax assets. Due
to the pandemic, some industries are likely to be more impacted than others. For
instance, entities in the aviation sector (and therefore, entities that are feeder
industries to entities in the aviation sector), real estate, construction, retail,
tourism, hospitality, transportation, financing, infrastructure sectors.
Therefore, it is critical for management to assess the impact of events occurring
after the balance sheet date on the financial statements already provided and
provide this to Basin Transit.
• 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. Letter to be
submitted with proposal. Insurance documents provided upon award are to
indemnify Basin Transit and the California Association for Coordinated
Transportation.
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.
•• The proposer is to furnish Basin Transit wi t h a " r e p r e s e n t a t i
will be evaluated to ascertain whether the manufacturer and/or converter
can build a vehicle according to specification and as proposed to a level of
quality and performance acceptable to the consortium participants. See
clause SP7. below.
Evidence that proposer is qualified in accordance with the provisions of "Section 8:
Quality Assurance."
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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 confirmed by client references. Proposers must submit a list of all
their deliveries in the last twelve (12) months with contact name, title, agency, phone
numbers, email addresses and dates of delivery provided in the Excel sheet
provided.
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 (45%)
Proposer Qualifications and Requirements:
10 Points
References
Warranty Provisions and Warranty
10 Points
Administration Plan
10 Points
Customer Service and Parts Support, Service Plan
Proposer and Manufacturer Qualifications and
15 Points
Experience
45 Points
Total Non -Cost Factor Points
COST FACTORS (55%)
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Price Sheet- Base Models (Standard Pricing)
40 Points
15 Points
Price Sheet- Optional Features
Total Cost Factor Points
55 Points
Total Possible Points
100 Points
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 40 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 score will be
based on "Standard Pricing" proposed. "Alternate Pricing" as per SP 10.3 will be evaluated
separately for acceptance.
Proposed accessories or services will be evaluated for the optional features scores (15 points)
using a "basket" of selected options proposed.
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. 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
1. Qualification of responsible Proposers. Proposals shall be evaluated to determine
the responsibility of proposers. A final determination of a Proposer's responsibility
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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. In
the event that interviews and discussions are held, these interviews and discussions
may be scored. BASIN TRANSIT reserves the right to accept proposals as submitted
without conducting discussions.
No information, financial or otherwise, shall be provided to any Proposer about any
of the Proposals from other 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.
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.
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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 BASIN TRANSIT 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
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.
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IP 13. Response to Proposals
IP 13.1 Single Proposal Response
If only one Proposal for a particular class or vehicle type 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, firms being considered for award shall show
compliance with the FTA Pre -Award Buy America requirements. Refusal to provide the
required information shall result in the immediate elimination of the specific
manufacturer(s) for award consideration.
The Agency's mandatory requirements for Buy America auditing and the provision of
information in support of such auditing are contained in Appendix E.
Once compliance with the Buy America requirements is verified, 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 and/or Board of
Directors for approval.
IP 13.4 Agency Rights
The Agency reserves the right to cancel the procurement in whole or in part, at its sole
discretion, at any time before the Contract is fully executed and approved on behalf of the
Agency.
The Agency reserves the right to reject any or all Proposals, to undertake discussions with one or
more Proposers, and to accept that Proposal or modified Proposal which, in its judgment, shall be
most advantageous to the Agency, considering price and other evaluation criteria. The Agency
reserves the right to determine any specific Proposal that is conditional or not prepared in
accordance with the instructions and requirements of this RFP to be 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.
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The Agency may reject a Proposal that includes unacceptable Deviations as provided in Form for
Proposal Deviation.
IP 13.5 Execution of Contract
The acceptance of a Proposal for award, if made, shall be evidenced in writing by a notice of
award of Contract delivered to those Proposers whose Proposal is accepted. Upon notice of
award of the Contract to a Proposer, the Proposer shall commence performance under the
Contract by furnishing copies of the certificates of insurance required to be procured by the
Contractor pursuant to the Contract documents within thirty (30) calendar days after the date of
receipt of the notice of award. Failure to fulfill these requirements within the specified time may
be cause for termination of the Contract under "Termination for Default" in Section 3.
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 multiple types of vehicles that
shall be competed separately and assembled into a listing of vehicles after award. The selected
contractors shall accept purchase orders directly from the users. Each purchase order shall
incorporate the base contract and all terms and conditions. The intent is to reduce the cost and
effort needed to order these vehicles in order to make the funds and equipment available to
increase services available to transit organizations.
IP 15.2 Roles of the Parties for this Solicitation
Basin Transit, a Joint Powers Authority, is the lead agency role for the j oint procurement for Heavy
Duty Transit Vehicles.
The specific roles and obligations of Basin Transit and CalACT are described in detail in the
Cooperative Purchasing Agreement entered into by those parties. For the purposes of this
solicitation, the arrangement entered into by Basin Transit and CalACT shall hereinafter be
referred to as the "Cooperative." As a general matter, Basin Transit 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 ordering agencies with the
ordering instructions and forms required to ensure compliant purchasing, solicitation
documentation required for the agency's files, collecting fees, and the general administration of
the vehicle contract. Ordering Agencies must contact CalACT or Basin Transit to secure formal
letters of assignment prior to execution of any orders.
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SECTION 3: GENERAL CONDITIONS
GC 1. Definitions
The following are definitions of special terms used in this document:
Agency: Basin Transit. Any contract modification involving the base contract shall be
issued by Basin Transit. The term Ordering Agency shall also refer to any Agency which is a
party to the joint procurement and that places a purchase order under the joint procurement.
Authorized Signer: The person who is executing this Contract on behalf of the Contractor
and who is authorized to bind the Contractor.
Best and Final Offer (BAFO): The last Proposal made by a Proposer. If a BAFO is not
specifically requested by the Agency, or if the Proposer does not promptly respond to a
request for BAFO, then the most recent, current Proposal is the BAFO.
Class 1 Failure (physical safety): A failure that could lead directly to passenger or operator
injury and represents a severe crash situation.
Class 2 Failure (road call): A failure resulting in an en route interruption of revenue service.
Service is discontinued until the bus is replaced or repaired at the point of failure.
Competitive Range: The range of proposals that are identified as the most highly rated,
unless the range is further reduced for purposes of efficiency.
Contract: The 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 Basin Transit.
The Contracting Officer for administration of the contract following Contract award is the
authorized representative of CalACT. Each order placed shall also designate a Contracting
Officer for the Agency placing the order.
Contractor: The successful Proposer(s) who is awarded a Contract for providing buses and
equipment described in the Contract documents.
Cooperative: Term used to describe the relationship between Basin Transit and CalACT for
the establishment of the joint procurement.
Days: Unless otherwise stated, "days" shall mean calendar days.
Defect: Patent or latent malfunction or failure in manufacture, installation or design of any
component or subsystem.
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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.
Joint Procurement: An arrangement between multiple local government entities with
multiple vendors to provide specific property or services in the future at established prices.
In this case, the specific property includes accessible transit vehicles (Buses).
Ordering Agency: Term for the agency that shall be purchasing vehicles from the joint
procurement. In this case, an agency must be a listed member of the joint procurement
shown in Appendix C.
Pass -Through Warranty: A warranty provided by the Contractor but administered directly
with the component Supplier.
Proposal: A promise, if accepted, to deliver equipment and services according to the
underlying solicitation of the Agency documented using the prescribed form in the
solicitation, including any Proposal or BAFO.
Proposer: A legal entity that makes a Proposal. For this solicitation, the Proposer may be a
vehicle manufacturer or a dealer representing a vehicle manufacturer.
Related Defect: Damage inflicted on any component or subsystem as a direct result of a
separate Defect.
Solicitation: Agency's request for proposals.
Superior Warranty: A warranty still in effect after all contractually required warranties
have expired. The remaining warranty is administered directly between the sub -Supplier and
the Agency.
Supplier: Any manufacturer, company or Agency providing units, components or
subassemblies for inclusion in the bus that is installed by the Contractor. Supplier items shall
require qualification by type and acceptance tests in accordance with requirements defined in
"Section 8: Quality Assurance."
Subcontractor: Any manufacturer, company or Agency providing units, components or
subassemblies for inclusion in the bus that is installed by a Subcontractor. Subcontractor
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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.
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
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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 ten (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 pending or threatened patent suit or claim related
to this Contract against the Agency and provide all information available. The Contractor shall
address any claim and defend any suit or proceeding brought against the Agency based on such 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. The Contractor's obligation to indemnify, defend, and hold
harmless the Agency and all affected Ordering Agencies against intellectual property claims and
suits shall not extend to materials provided by an Ordering Agency for incorporation into a
vehicle purchased under this Contract.
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 royalty -free, perpetual, irrevocable, 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 and
information pertaining to transit customers.
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, defend, 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, to the extent caused by the
intentional misconduct, grossly negligent acts, or negligent acts, errors or omissions of the
Contractor in the performance of the Contract, including intentional misconduct, grossly
negligent acts, and 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.
Suspension of Work
GC 9.1.1. The Agency may with the agreement of the bus manufacturer 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 9.1.2. The Contractor shall comply immediately with any such written order and take all
reasonable steps to minimize costs allocable to the Work covered by the suspension during the
period of work stoppage. Contractor shall continue the Work that is not included in the
suspension and shall continue such ancillary activities as are not suspended. The Contractor shall
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resume performance of the suspended Work upon expiration of the notice of suspension, or upon
direction from the Agency.
GC 9.1.3. 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 9.2 Excusable Delays/Force Majeure
GC 9.2.1. 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; epidemic, pandemic or terrorism; 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 9.2.2. 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 9.2.3. 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 9.2.4. 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 9.3 Termination
GC 9.3.1. 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 9.3.2. Termination for Default
The Agency may, by written notice of default to the Contractor, terminate the whole or any part
of this Contract if the Contractor fails to make delivery of the supplies or to perform the services
within the time specified herein or any extension thereof, or if the Contractor fails to perform any
of the other material provisions of the Contract, or so fails to make progress as to endanger
performance of this Contract in accordance with its terms, and in either of these two
circumstances does not cure such failure within a period of ten (10) business days, or such longer
period as the Contracting Officer may authorize in writing, after receipt of notice from the
Contracting Officer specifying such failure.
If the Contract is terminated in whole or in part for default, the Agency may procure, upon such
terms and in such manner as the Contracting Officer may deem appropriate, supplies or services
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similar to those so terminated. The Contractor shall be liable to the Agency for any excess costs
for such similar supplies or services, and shall continue the performance of this Contract to the
extent not terminated under the provisions of this clause.
Except with respect to defaults of Subcontractors, the Contractor shall not be liable for any
excess costs if the failure to perform the Contract arises out of a cause beyond the control and
without the fault or negligence of the Contractor. If the failure to perform is caused by the default
of a Subcontractor, and if such default arises out of causes beyond the control of both the
Contractor and Subcontractor, and without the fault or negligence of either of them, the
Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or
services to be furnished by the Subcontractor were obtainable from other sources and in
sufficient time to permit the Contractor to meet the required delivery schedule.
Payment for completed supplies delivered to and accepted by the Agency shall be at the Contract
price. The Agency may withhold from amounts otherwise due the Contractor for such completed
supplies such sum as the Contracting Officer determines to be necessary to protect the Agency
against loss because of outstanding liens or claims of former lien holders.
If, after notice of termination of this Contract under the provisions of this clause, it is determined
for any reason that the Contractor was not in default under the provisions of this clause, or that
the default was excusable under the provisions of this clause, the rights and obligations of the
parties shall be the same as if the notice of termination had been issued pursuant to termination
for convenience of the Agency.
GC 9.4 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 9.5 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. For
certainty, in the event that a price adjustment is required in respect of changes that are mandatory
as a result of legislation or regulations that become effective after the date of the tender
submission, such price adjustment shall be negotiated in good faith by the Agency and the
successful bidder.
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GC 9.6 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 exclusive jurisdiction of the State and federal courts
exercising jurisdiction over the County where any Agency designated as a party to the litigation is
located.
GC 9.7 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.
1. Notice of dispute. All disputes shall be initiated through a written dispute notice
submitted by either party to the other party within 10 (ten) calendar days of the
determination of the dispute.
2. Negotiation between contracting officers. The parties shall attempt in good faith to
resolve any dispute arising out of or relating to this Contract promptly by 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 party 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 party a written response. The dispute
notice and written response shall include: (a) a statement of the party's position and a
summary of the arguments supporting that position, (b) any evidence supporting the
party's position and (c) the name of the executive who shall represent that party and of
any others who shall accompany the executive in negotiations. Within 28 (twenty-eight)
calendar days after delivery of the dispute notice, the Contracting Officer of both parties
shall meet at a mutually acceptable time and place, and thereafter as they reasonably
deem necessary to attempt to resolve the dispute. All reasonable requests for information
by one party to the other shall be honored.
If the matter has not been resolved by these people within 42 (forty-two) calendar days of
the dispute notice, the dispute may be referred to more senior executives of both parties
who have authority to settle the dispute and who shall likewise meet to attempt to resolve
the dispute.
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GC 9.8 Maintenance of Records; Access by Agency; Right to Audit Records
In accordance with 2 CFR § 200.334 and 49 USC § 5325(g), 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.
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.
For Contract modifications or change orders 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 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 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 Purchaser, 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.
The requirements of this section are in addition to any other audit, inspection and record -
keeping provisions specified elsewhere in the Contract documents.
GC 9.9 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
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disclosure proprietary information, trade secrets and confidential commercial and financial
information submitted or disclosed during the Contract period. Any such proprietary
information, trade secrets or confidential commercial and financial information that a Contractor
believes should be exempted from disclosure shall be specifically identified and marked as such.
Blanket -type identification by designating whole pages or sections as containing proprietary
information, trade secrets or confidential commercial and financial information shall not ensure
confidentiality. The specific proprietary information, trade secrets or confidential commercial
and financial information must be clearly identified as such.
Upon a request for records from a third party regarding the Contract, the Agency shall notify the
Contractor in writing. The Contractor must respond within ten (10
) days with the identification of any and all "proprietary, trade secret or confidential commercial
or financial" information. The Contractor shall agree to indemnify, defend, and hold harmless
the Agency for all costs associated with the Agency's withholding 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 party (the
"Discloser") to make confidential information available to the other party (the "Recipient"). The
Recipient agrees to use all such information solely for the performance of the Work under the
Contract and to hold all such information in confidence and not to disclose same to any third
party without the prior written consent of the Discloser or as required by law. Likewise, the
Recipient agrees that all information developed in connection with the Work under the Contract
shall be used solely for the performance of the Work under the Contract, and shall be held in
confidence and not disclosed to any third party without the prior written consent of the Discloser
or as required by law.
This Confidentiality section shall survive the termination or expiration of the Contract.
GC 9.10 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.
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GC 9.11 General Nondiscrimination Clause
hi connection with the performance of Work provided for under this Contract, the Contractor
agrees that it shall not, on the grounds of race, religious creed, color, national origin, ancestry,
physical disability, medical condition, marital status, sex, sexual orientation or age, discriminate
or permit discrimination against any person or group of people in any manner prohibited by
federal, state or local laws.
GC 9.12 Amendment and Waiver
GC 9.12.1. 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 9.12.2. Waiver
In the event that either party elects to waive its remedies for any breach by the other party of any
covenant, term or condition of this Contract, such waiver shall not limit the waiving party's
remedies for any succeeding breach of that or of any other term, covenant or condition of this
Contract.
GC 9.13 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 9.14 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 9.15 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 9.16 Third -Party Beneficiaries
No provisions of the Contract shall in any way inure to the benefit of any third party, including
the public at large, so as to constitute such person a third -party beneficiary of the Contract or of
any one or more of the terms and conditions of the Contract or otherwise give rise to any cause
of action in any person not a party to the Contract, except as expressly provided elsewhere in the
Contract.
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GC 9.17 Assignment of Contract
Neither party shall assign or subcontract its rights or obligations under the Contract without prior
written permission of the other party, and no such assignment or subcontract shall be effective
until approved in writing by the other party. Contractor accepts that the right to Purchase may be
assigned by the Agency as described in clause NR1, above And clause SP2, below.
GC 9.18 Independent Parties
The Contractor is an independent contractor with respect to the performance of all Work
hereunder, retaining control over the detail of its own operations, and the Contractor shall not be
considered the agent, employee, partner, fiduciary or trustee of the Agency.
GC 9.19 Survival
The following sections shall survive the nominal expiration or discharge of other Contract
obligations, and the Agency may obtain any remedy under law, Contract or equity to enforce the
obligations of the Contractor that survive the manufacturing, warranty and final payment
periods:
• "Intellectual Property Warranty"
• "Data Rights"
• "Indemnification"
• "Governing Law and Choice of Forum"
• "Disputes"
• "Confidential Information"
• "Parts Availability Guarantee"
• "Access to Records"
• "Training"
GC 10. Agency -Specific Provisions — Not Used
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SECTION 4: SPECIAL PROVISIONS
SP 1. Authorization to Use the Joint Procurement Contract
The use of the Joint Procurement contract shall be restricted to the agencies listed in Appendix
"C" publicly funded transit agencies, city transit systems, other governmental agencies or non-
profit organizations performing governmental services.
SP 2. Assignability
Basin Transit reserves the right to assign the ability to use the Procurement to any other grantees
of FTA funds in accordance with FTA Circular 4220.117 or successor circulars. These grantees
shall be CalTrans subrecipients or other Ordering agencies identified in this RFP. A letter of
Assignment shall be issued by either BASIN TRANSIT or by CalACT acting for Basin Transit
under the terms of their Cooperative Purchasing Agreement. Basin Transit 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 in accordance
with SP 11.
SP 3. Period of Performance
The initial period of performance shall be one (1) year. Basin Transit shall have the right to
extend the period of performance for four (4) one-year options. The four (4) one-year option
periods area unilateral right that shall not be refused by the Contractor. Subject to the
Agency's right to order modifications, the Option Vehicles shall have the same specifications as
the vehicles purchased under the initial Contract. The Agency may exercise the Options by
written notice to the Contractor ("Notice of Exercise of Option") prior to the expiration of the
initial period of performance.
In the event that these options are 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% of total pre-tax price per vehicle, up to $40,000 per transaction shall be
paid by the Contractor(s) to the Cooperative each month based on activity on this contract. This
fee shall be shown as a separate line item on the invoice to the Agency ordering the vehicles. 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. The fee does not apply to direct
purchases by Basin Transit or its subrecipients. Basin Transit reserves the right to unilaterally
change these fees at any time by giving written notice to the contractor.
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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 one-
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 optional equipment ordered after the base period shall be the base period unit
price adjusted by multiplying the applicable base period price by the following
fraction:
Preliminary Index Number on Month Prior to Notice of Exercise of Option
Index Number available on Effective Date of the Contract or Prior Option Period
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.
However, in no case shall the annual increase in the cost of a vehicle
configuration of separately priced optional equipment item created by the
application of the above referenced Index exceed six (6%) unless the Contractor
provides written evidence, such as invoices from its suppliers that its net material
costs exceed six percent (6%). In that event, the price adjustment shall be six
percent (6%) plus one half of the net material costs that exceed six percent (6%).
Basin Transit reserves the right to apply the Price Index based escalation without
requesting that the contractor provide the above items if there is a preponderance
of evidence that the PPI pricing should simply be applied.
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As an example,
Should the index value raise by six percent or less, the index value shall be
applied to the price of each vehicle configuration and each separately
priced optional equipment item;
• Should the index value raise by more than six percent,
The price of each vehicle configuration and each separately priced
optional equipment item shall be increased by three percent; and
Individual Contractors may request additional increases for
individual vehicle configurations or items of separately priced
optional equipment. Properly documented increases in net
material costs will be subject to the cost sharing provisions above
The net material costs shall be calculated on the full bill of materials for the
affected vehicle or separately priced optional equipment. An increase in
excess of six percent for a particular system or equipment will not merit a
price increase in excess of three percent, should those costs be offset by
reduced pricing of other systems or equipment. Pricing considered must
include any applicable rebates, credits, or other offsets of any kind.
Price adjustments shall be made at the start of each option year, with the six
percent (or greater) maximum described above based on the then current pricing.
That is, an adjustment at the start of the first option period would be calculated
from base pricing. An adjustment at the start of the second option period would
be calculated on the first option period pricing. An adjustment at the start of the
third option period would be calculated on the second option period pricing.
Notwithstanding the above, an increase due to inordinate increases in battery costs (For
BEB and FC Buses only) shall be also considered each time a price adjustment is granted
for an extension of an option. The Contractor shall provide documentation of the battery
component cost increase. The price may be adjusted only in the same amount as the
price increase to the Contractor and is net of the price increase granted to the cost of the
complete bus. The Contractor shall submit the request and all necessary documentation
to the Agency. The documentation of such factors shall be provided by the Contractor.
Should the Agency not grant this price increase, the vehicle(s) affected by the BCA price
increase may be removed the joint procurement and the contract terminated upon the
responsible contractor's request. The agency may only grant the battery cost adjustment
(BCA) as a percentage of battery cost vs. total bus cost, excluding this adjustment from
the PPI increase. This is because you have already received a PPI increase on the bus
body cost. This calculation needs to be reflected in the contractor's request letter per
applicable line item.
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A minimum of 60 calendar days advance written notice of price increase from the
renewal due date is required which is to be accompanied by sufficient documentation to
justify the requested increase.
SP 5.4 Prohibitions
Contractors are expressly prohibited from offering any rebates, parts credits and any other price
discounts following contract award.
SP 5.5 Price Adjustments
Section GC 9.6, Changes of Law, provides for price adjustments because of changes of law.
Section SP 5.3 provides for price adjustments based on increased material costs. The Agency
shall consider extraordinary relief when circumstances amounting to a force majeure impact the
Contractor's material costs and such increase is not adequately addressed by those provisions.
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. Upon petitioning
the agency for Force Majeure relief, the contractor must meet with the Agency or it's
representatives on demand and provide substantive documentation within 30 days. The agency
will not accept a simple recitation of cost factors, but will expect a submission of past and
present costs to demonstrate that a Force Majeure condition has occurred. The contractor may be
asked to reimburse up to of $3,000 for expenses in evaluating the Force Majeure request.
SP 6. Ordering Procedures
Agencies that are members of the joint procurement and that are using federal funds to place
orders under this contract shall follow the following procedures:
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 available on the contract. (If there are fewer than three vehicles listed, the
Agency shall obtain this information for the maximum number of vehicles available.)
The RFQ shall list any other additional information that is required. It shall also note
how information shall be evaluated and the deadline for submittal.
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3. Following receipt of the information, the Agency shall evaluate the submittals according
to the evaluation criteria and select the quote that represents the offer that is most
advantageous to the Agency when all factors are evaluated.
4. The recommended firm shall receive a written Order Confirmation form from the
Ordering Agency. This form shall indicate:
a. Itemized list of all vehicles, parts, etc. being ordered and prices
b. Designated delivery point
c. Delivery due date.
5. The Order Confirmation form does not replace any other required document such as
Purchase Orders that may be issued by the agency.
6. All eligible orders must provide a proposal (quote) from the selected Dealer or
Manufacturer that provides at a minimum the following information:
Vehicle Type -provide description that includes make, model, vehicle class, propulsion
type and capacity
Full and legal Ordering Agency Name as it will appear on the Assignment
Contact at Ordering Agency (including email, title, mailing address, phone number).
Provide additional name if your contact is not the person that will receive the Assignment
Letter.
Sales person
Quantity ordered -quote is to reflect entire and complete bus order, and is not per bus
Price of all options
7. Orderi ng agency t o i ni t i at e t he t r a n s act
program. The agency and Contractor to update all information and changes as needed.
Awarded contractors to be briefed by Cooperative staff on use of this program prior to
beginning sales activity on the contract. A Cooperative representative will issue a Letter of
Assignment only after all the aforementioned steps have taken place.
ADA eligible Items identified for sales tax exemption
Published and Non -Published Options are to be listed separately
Total Price of Bus subject to the procurement fee
Document Fee
Sales Tax
Procurement Fee
Delivery fee as quoted on Price Worksheet with expected delivery date -quotes issued
without a delivery date are not valid.
Date of Order
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All quotes from the contractor must be written using the same format and approved by the
Cooperative prior to first order. Any changes to the order by the buyer or seller after receipt
need to be sent to the Cooperative. All buses ordered must be compliance with the contract.
Questions about buyer eligibility to purchase from the contract need to be sent to the
Cooperative for verification. Any change orders made to the initial purchase order are to be
communicated as soon as possible to the Cooperative.
SP 7. Inspection, Testing, Acceptance and Repairs
SP 7.1 Inspections
At the sole election of Basin Transit, the Agency may conduct an on -site inspection of the plant
and/or first vehicle being manufactured to validate compliance with the specification and to
validate the Post -Delivery Buy America and any other audit requirements. This vehicle is being
called a First Article bus and it 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. The agency will at its discretion conduct on -site or virtual
inspections of the manufacturing facility to confirm quality control procedures, technical
qualifications and Buy America requirements. Individual purchasing agencies may request a
First Article bus to be provided as part of their order. As per IP 12.4, prior to award, Basin
Transit will evaluate a Representative Bus, that can be evaluated for performance, quality of
manufacture with any variances to be reconciled to the specification and conformance to
specifications.
As least thirty (30) days prior to completion of the First Article bus, the Contractor is to notify
the Agency 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 Basin Transit. If the
inspection is held at the manufacturing facility, and for inspection of the manufacturing or
conversion facilities. the Contractor shall pay travel expenses and $100 per day per diem for up
to(two)Basin Transit representatives. /n addition,thelContractor maybe required to pay ap to
a total of.70,OOOpervehicleproposecforconsuita4sfees and expensvcaperform facility,
Buy Americaand representative orFirst rirst Article bus inspecti,ofrdrsancial reviewsondother
necessar_sudits Lobe invoiced by thCooperative Should a change in manufacturing facility or
bus design requires another set of inspections post -award, the same schedule of fees shall apply.
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.
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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 ensure proper operation of all accessories, gauges, lights, mechanical, and
hydraulic features. Particular attention shall be given to door alignment, lift operation,
weather-stripping, hardware, paint condition, and labeling of the cooling system.
G. Copy of the Contractor's pre -delivery inspection and all subsequent inspections by
Contractor's inspectors shall be provided to the Ordering Agency upon delivery.
H. A certified 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. Delivery charges are to be proposed per zone on the price worksheet and charged
accordingly. Said deI i very charges are t o be p r o p o s ed f
and point of service and pre -delivery inspection in the State of California to the ordering
agency's place of business. (Not from Manufa
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, a postdelivery inspection is required. A sample
inspection form is provided in B1ackCat. If the Vehicle passes these inspections and tests, the
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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. 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 8.
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.
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• Location and identification of tire pressure ID plate
• Location of batteries and how to service the batteries.
SP 9. Registration of Vehicles
The Contractor shall all the necessary documentation (MSO, Weight slip, etc.) for the agency to
register the buses after delivery. Costs to provide these shall not be billed separately and must be
incorporated into the vehicle unit prices. The agency must be able to register the vehicle free and
clear of all liens (other than those provided by the Ordering Agency), mortgages and
encumbrances, financing statements, security agreements, claims, and demands of any character
against the vehicle following the Agency's Acceptance of each bus.
SP 10. Payment
All payments shall be made as provided herein, less any additional amount withheld as provided
below and less any amounts for liquidated damages in accordance with "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.
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:
Delivery and acceptance of all Contract deliverables, including manuals and other
documentation required by the Contract, excluding training.
Contractor provision of any certifications as required by law and/or regulations.
Completion of post -delivery audits required under the Contract.
SP 10.1 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 10.2 Payment of Taxes
Unless otherwise provided in this Contract, the Contractor shall pay all federal, state and local
taxes, and duties applicable to and assessable against any Work, goods, services, processes and
operations incidental to or involved in the Contract, including but not limited to retail sales and
use, transportation, export, import, business and special taxes. The Contractor is responsible for
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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, except
sales and use taxes normally applicable to purchasers. These sales and use taxes vary by
jurisdiction and shall be billed separately, at cost and without markup of any kind, and
subsequently reimbursed by each purchaser in conjunction with payment for the vehicles. 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 10.3 Alternate Payment. (Contingent on FTA Approval)
MBTA has proposed and is working with FTA to define adequate security as follows:
The Contractor may submit a request for payment upon the Resident Inspector's release of the
bus for shipment. Progress payment shall be made not more than thirty calendar days after
receipt of an appropriate invoice. As a pre -condition to payment:
1. The purchaser must have completed the relevant Buy America post -delivery audit and have
received from the Contractor documentation that would allow the purchaser to secure title
to the bus. The Buy America audit is contemplated for completion during the pendency of
the thirty -day payment window. Additionally, delivery of title documentation is
contemplated is contemplated as occurring during that thirty -day window. Securitization
in this manner is contingent on FTA's concurrence that this method represents adequate
security to protect their interest in the acquisition. (Alternate Pricing 1 in BAFO sheet)
2. The Contractor must deliver an irrevocable letter of credit covering the full amount of the
progress payment. The form of and requirements for letter of credit or other form of
security approved by Basin Transit are provided herein. The price for the securitization to
be included in the price offered. As the use of progress payments has not been common
practice in the industry, Basin Transit reserves the right to renegotiate the price for
securitization prior to each option year exercised providing acceptable documentation is
submitted by the Contractor to support any adjustment requested. (Alternate Pricing 2 in
BAFO sheet).
Contractors wanting to utilize this alternative payment plan (92) are to clearly state the method
of security they are proposing with the payment terms as well as the method of calculation that
will be used for any discounts provided at time of quote/proposal. The costs associated with
stated security must be included in the Alternate Payment Price.
The Agency shall make progress payments in accordance with the following schedule. No other
progress payments are authorized under this Agreement. Advance paw are expressly
prohibited.
A payment of 75% of the purchase price upon release for shipment as detailed above.
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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 11. Delivery Schedule
The Contractor shall deliver all buses on or before the delivery date contained in the Order
Confirmation issued by each ordering agency or if not specified, the minimum delivery standards
specified in this section. The Order Confirmation shall also indicate the point of delivery as well
as days and hours of delivery.
" D e f 'hDirlivetw Standard: If a delivery date is not specified by the quote provided,
delivery of the vehicles shall be completed within 365 calendar days after issuance of
purchase orders by the Purchasing Agencies. If the delivery is delayed because of strike,
injunctions, governmental controls, or any cause or circumstances beyond the reasonable
control of the manufacturer, supplier or contractor, the time of completion of delivery may
be extended upon written request from the proposing firm and approval by Basin Transit
and the ordering agency. The request for extension must include detailed justification for
the length of the time extension.
The Contractor shall propose a delivery date identifying this in its proposal to each
participant. Proposals (quotes) not indicating a delivery date to the ordering agency default
to the above standard. Liquidated damages to be assessed based on the revised delivery
schedule.
SP 12. Liquidated Damages for Late Delivery of the Bus
It is mutually understood and agreed by and between the parties to the Contract that time is of the
essence with respect to the completion of the Work and that in case of any failure on the part of
the Contractor to deliver the buses within the time specified in "Delivery Schedule," except for
any excusable delays as provided in "Excusable Delays/Force Maj eure" 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.
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
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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 13. Service and Parts
SP 13.1 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. The Contractor
must identify in its proposal that it has the resources and experience to service a contract of this
scale. Physical service centers with the proximity and the technical capacity to serve the
Cooperative's statewide participants are to be identified. Alternatively, if a proposer intends to
utilize a subcontractor to provide service and warranty the proposed subcontractor must be
identified in the proposal. A letter documenting the manufacturer's approval and authorization of
the proposed service provider to perform service and warranty repairs for this contract, along
with a letter from the subcontract service provider agreeing to perform the proposed service and
warranty requirements, must be submitted with the proposal. The Agency reserves the right to
evaluate and approve the subcontractor's technical capacity to adequately serve a contract of the
size and scope anticipated for this procurement.
SP 13.2 Parts Availability Guarantee
The Contractor hereby guarantees to provide, within reasonable periods of time, the spare parts,
software and all equipment necessary to maintain and repair the buses supplied under this
Contract for a period of at least 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 twenty four (24) 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.
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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.
SP 14. Federal Motor Vehicle Safety Standards (FMVSS)
The Contractor shall submit either a manufacturer's FMVSS self -certification that the vehicle
complies with relevant FMVSS or a manufacturer's certified statement that the contracted buses
shall not be subject to FMVSS regulations. One copy of the statement shall be provided to each
Agency with the delivery of the buses.
SP 15. Motor Vehicle Pollution Requirements
The Contractor shall furnish to each Agency a certification in writing with each Vehicle
delivered that:
• • Vehicles shall meet Federal and California pollution requirements.
• The horsepower of the Vehicle is adequate for the speed, range, and terrain in which it
shall be required to operate and meet the demands of all auxiliary power equipment.
SP 16. Insurance
The Agency recognizes that the Contractor may be a dealer whose role is warranty and service of
the 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:
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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).
Contractor shall deliver to the Agency, within thirty (30) days after receiving Notice of Award of
this Contract, evidence of the above. Prior to the expiration of any insurance during the time
required, the Supplier shall furnish evidence of renewal to the Agency's Contract Administrator.
SP 17. Buy America Post -Delivery Audit
Prior to delivery of the first vehicle, the Contractor shall demonstrate compliance with Buy
America through a Buy America Post -Delivery audit. The audit requirements are further
detailed in Appendix E.
SP 18. Interchangeability
All buses delivered under this Contract, whether provided by a Subcontractor or Supplier, or
manufactured by the Contractor, shall be duplicates in design and manufacture, and installed to
assure Interchangeability among Buses in each separate order. This Interchangeability shall
extend to the components and parts as well as to their locations in the Buses for all buses
produced during the first year of the contract.
For buses being produced during the second base year of the Contract, Basin Transit shall
consider changes such as product improvements on a case -by -case basis. Basin Transit'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.
If a supplier discontinues a product during the Contract period, Basin Transit shall consider a
substitute product on a case -by -case basis. No substitutions are to be made without the express
written consent of Basin Transit. Basin Transit'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 Basin Transit.
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SP 19. New Technology
Basin Transit reserves the right to add or replace 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 ite333ms addition by an awarded Contractor.
SP 20. Altoona Testing for New Buses.
The Agency values timely delivery of fully compliant vehicles. Requirements for timely delivery
are established in SP 11 and 12. Requirements for compliance with 49 CFR Part 655 (Altoona
Bus Testing) are established in FR 14. Additionally, Proposers and Contractors offering new bus
models as defined in 49 CFR 655.5 are required to make reasonable progress towards
successfully completing Altoona testing. In this context, "reasonable progress" is defined as:
• fTA authorization (confirmation from FTA or PSU Bus Testing Program) of
testing obtained prior to submission of final proposal; and
• -Successful completion of required testing within one year of award. (Passed and
satisfactory test)
The above is to be provided with the proposal and not merely promised by the firm. The
agency will consider timely, good faith efforts by Proposers and contractors in enforcing
these requirements but retains the authority to reject any proposal related to a new bus
model for which the FTA has not authorized testing, and to take any such other actions to
ensure new bus model sellers diligently pursue successful testing.
SECTION 5: FEDERAL REQUIREMENTS
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 2 CFR
334. See also clause GC 9.9.
The following access to records requirements apply to this Contract:
FR 1.1 Local Governments
In accordance with 2 CFR 334 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
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directly pertinent to this Contract for the purposes of malting audits, examinations, excerpts and
transcriptions.
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.
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 2 CFR Part 200, and/or
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 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.
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.
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
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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 e r s e q. (which
implement Executive Order No. 11246, "Equal Employment Opportunity," as
amended by Executive Order No. 11375, "Amending Executive Order 11246
Relating to Equal Employment Opportunity," 42 USC § 2000e note), and with
any applicable Federal statutes, executive orders, regulations, and Federal policies
that may in the future affect construction activities undertaken in the course of the
Project. The Contractor agrees to take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard
to their race, color, creed, national origin, sex, or age. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Contractor agrees to comply with any implementing requirements
FTA may issue.
(b) Age: In accordance with section 4 of the Age Discrimination in Employment Act
of 1967, as amended, 29 USC §§ 623 and Federal transit law at 49 USC § 5332,
the Contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.
(c) Disabilities: hi 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.
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 party to this Contract and shall not be subject to any
obligations or liabilities to the Agency, Contractor, or any other party (whether or not a
party to that Contract) pertaining to any matter resulting from the underlying Contract.
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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.
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 s e Band 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
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.
Suspension and Debarment
This Contract is a covered transaction for purposes of 2 CFR Parts 180 and 1200. As such, the
Contractor is required to verify that none of the Contractor, its principals, as defined at 2 CFR
180.995, or affiliates, as defined at 2 CFR 180.905, are excluded or disqualified as defined at 2
CFR 180.940 and 180.945.
The Contractor is required to comply with 2 CFR 180, Subpart C, and must include the
requirement to comply with 2 CFR 180, Subpart C, in any lower -tier covered transaction it enters
into.
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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 2 CFR 180, 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.
Disadvantaged Business Enterprise (DBE)
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
Assistance Programs.
The Contractor shall maintain 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)).
Prompt Payment to Subcontractors
Pursuant to 49 Code of Federal Regulations (CFR) Part 26, the Contractor shall pay each
Subcontractor under this Contract for satisfactory performance of its Contract no later than thirty
days (30) days after receipt of any related Progress Payment received from Agency. The
Contractor shall pay to each Subcontractor all amounts it has retained from payments under the
Subcontract within thirty (30) days after the Subcontractor's work is satisfactorily completed.
Any delay of payment beyond the thirty (30) day time limit shall be only for good cause, and
only upon the prior written approval of Agency.
Clean Water Requirements
1. The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 e r
s e q.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.
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2. The Contractor also agrees to include these requirements in each subcontract exceeding
$150,000 financed in whole or in part with Federal assistance provided by FTA.
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 e r s e q 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
$150,000 financed in whole or in part with Federal assistance provided by FTA.
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.
Buy America
The Contractor agrees to comply with 49 USC 53230) and 49 CFR Part 661, which provide that
federal fund 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. and
include a general public interest waiver which 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 70 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.
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Testing of New Bus Models
The Contractor agrees to comply with 49 USC 5318 and FTA's implementing regulation at 49
CFR Part 665 and shall perform the following:
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. See SP 20 for additional detail for
"new bus models."
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.
Pre -Award and Post -Delivery Audits
The Contractor agrees to comply with 49 USC § 5323(1) and FTA's implementing regulation at
49 CFR Part 663 and to submit the following certifications:
1. Buy America requirements: The Contractor agrees to cooperate with the Buy America
requirements, consistent with applicable law, regulations, and FTA guidance, and in the
manner detailed in Appendix E. Upon receipt of Notice from Basin Transit, the
proposer will be given 60 days to furnish Buy America cost data and verification of
domestic origin to BASIN TRANSIT' s d e s i g n sufficiaht taacomHrin t o
compliance with the requirement.
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.
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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.
Fly America
The Contractor agrees to comply with 49 USC 40118 (the "Fly America" Act) in accordance
with the General Services Administration's regulations at 41 CFR Part 301-10, which provide
that recipients and sub recipients of federal funds and their contractors are required to use U.S.
flag air carriers for U.S. government -financed international air travel and transportation of their
personal effects or property, to the extent such service is available, unless travel 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.
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.
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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: Basin Transit 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.
ADA Access
The Contractor and any of its Subsuppliers under this Contract agree to comply with all
applicable requirements of the Americans with Disabilities Act of 1990 (ADA), 42 USC §§
12101 e r 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, "Americans With Disabilities Act (ADA) Accessibility Specifications
for Transportation Vehicles," 49 CFR Part 38;
3. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and
Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27;
4. U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB)
regulations, "American With Disabilities (ADA) Accessibility Specifications for
Transportation Vehicles," 36 CFR Part 1192;
5. Department of Justice (DOJ) regulations, "Nondiscrimination on the Basis of Disability
in State and Local Government Services," 28 CFR Part 35;
6. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 CFR Part 36;
7. General Services Administration regulations, "Accommodations for the Physically
Handicapped," 41 CFR Subpart 101-19;
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8. Equal Employment Opportunity Commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630;
9. Federal Communications Commission regulations, "Telecommunications Relay Services
and Related Customer Premises Equipment for Persons with Disabilities," 47 CFR Part
64, Subpart F;
10. FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 CFR Part
609;
11. U.S. ATBCB regulations, "Electronic and Information Technology Accessibility
Standards," 36 CFR Part 1194; and
12. Any implementing requirements FTA may issue.
FR 20. Section 889 NDA
Execute CER 1.9
FR 21. ITS Architecture
NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS (ITS) ARCHITECTURE AND
STANDARDS
23 U.S.C. Sections 502, 517(d)
Intelligent transportation system (ITS) property and services must comply with the National ITS
Architecture and Standards to the extent required by 23 U.S.C. Section 517(d) and FTA Notice,
"FTA National ITS Architecture Policy on Transit Projects," 66 FR 1455 er s e q, January 8,
2001, and later published policies or implementing directives FTA may issue.
FR 22. Notification of Legal Matters
Vendor acknowledges that if a current or prospective legal matter that may affect the Federal
Government interest in the contract emerges, Vendor will promptly inform Basin Transit so that
it may notify the Federal Transit Administration and/or it's designee, the California Department
of Transportation.
The types of legal matters that require notification include, but are not limited to, a major
dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a
legal disagreement in any forum for any reason.
FR 23. Limitations on Federal Funding.
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
Section 5323(u)(1) generally prohibits FTA funding of procurements of rolling stock from any
manufacturer that is "owned or controlled by, is a subsidiary of, or is otherwise related legally or
financially to a corporation based in" certain foreign countries.
Basin Transit may request evidence and information that the proposing manufacturer is not
"owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a
corporation based in" a country that meets the statutory criteria, and is not designated as one of
the non -market economies by the US International Trade Administration. The information must
be presented within 30 days of request. For purposes of this requirement, "otherwise related
legally or financially" does not include a minority relationship or investment; it also does not
include a relationship with or investment in a subsidiary, joint venture, or other entity based in a
covered country that does not export rolling stock or components of rolling stock for use in the
United States.
The agency reserves the right to solely determine whether the proposer meets the above criteria
using principles of general corporate law.
FR 24. This Contract is subject to certification requirements related to any "unpaid Federal tax
liability that has been assessed, for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability" and certain felony convictions.
The Contractor shall submit the required certification and shall require the same certification of
all subcontractors and suppliers at any level, regardless of the value of any sub agreement.
SECTION 6: TECHNICAL SPECIFICATIONS
TS L GENERAL
Technical specifications define requirements for the vehicles are contained are found in Section
11.
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SECTION 7: WARRANTY REQUIREMENTS
WR 1. Basic Provisions
WR 1.1 Warranty Requirements
WR 1.1.1 Contractor Warranty/Minimums
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.
Minimum Standards:
The complete bus body and body structure, exterior, wiring, and paint shall be warranted
to be free from defects, related defects, and to maintain structural integrity for a period of
thirty-six (36) months or 60,000 miles. This warranty includes any failure as a result of
frame alterations to lengthen the chassis for a Type C. This would include but not limited
to frame, drive lines, brake lines and fuel lines that are altered as a result of the chassis
stretch.
Contractor to provided standard OEM and supplier warranties for chassis, engine,
wheelchair lifts or ramps and climate control systems, CNG conversions and electric
powertrains describing these on the vehicle information sheets and as submissions on the
proposal.
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.]
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
WR 1.1.4 Propulsion and Energy components, specifically the engine, transmission or drive
motors, (For ICE) and generators, drive and non -drive axles and energy storage systems
shall be warranted to be free from Defects and Related Defects for the standard X years or
XXX miles, w h i c h e v e r comes f i rs t . The propul s i o
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
Note if Not Applicable in submission.
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/Ram
Battery Electric and Fuel Cell
Components
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.
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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.
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
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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
TS 1.1 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 (20) percent of the same components in the same or similar
application where such items are covered by warranty. Basin Transit reserves the right to
declare a Fleet Defect applicable to all purchasers if cumulative reported defects exceed 10%
of all model or bus type purchases. A Fleet Defect shall apply only to the base warranty
p e r i o d i n s e c t i o n s e n t i t i e d " Co mp l e t a Bu s"
When a Fleet Defect is declared, the remaining warranty on that item/component stops. The
warranty period does not restart until the Fleet Defect is corrected.
For the purpose of Fleet Defects, each order placed through the joint procurement shall be treated
as a separate bus fleet.
The Contractor shall correct a Fleet Defect under the warranty provisions defined in "Repair
Procedures." After correcting the Defect, the Agency and the Contractor shall mutually agree to
and the Contractor shall promptly undertake and complete a work program reasonably designed
to prevent the occurrence of the same Defect in all other buses and spare parts purchased under
this Contract. Where the specific Defect can be solely attributed to particular identifiable part(s),
the work program shall include redesign and/or replacement of only the defectively designed
and/or manufactured part(s). In all other cases, the work program shall include inspection and/or
correction of all of the buses in the fleet via a mutually agreed -to arrangement. The Contractor
shall update, as necessary, technical support information (parts, service and operator's manuals)
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. Fleet defect rule does not apply
to normal wear -and -tear items or the following major components: engine, transmission, and
HVAC. However, if the fleet defect percentage is reached in a major component, it is expected
that the manufacturer will fully support and assist the purchasing agencies with obtaining the
appropriate remedy from the major component supplier. The fleet defect provision remains in
force for all other components and structural elements proposed
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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
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."
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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. 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 -
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.
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WR 2.4.1 Warranty Processing Procedures
The following list represents requirements by the Contractor to the Agency for processing
warranty claims. One failure per bus per claim is allowed.
• bus number and VIN
• total vehicle life mileage at time of repair
• date of failure/repair
• acceptance/in-service date
• Contractor part number and description
• description of failure
• all costs associated with each failure/repair (invoices may be required for third -party costs):
• towing
• road calls
• labor
• materials
• parts
• handling
• troubleshooting time
WR 2.5 Forms
The Contractor shall supply warranty forms to each Ordering Agency. The completed forms
shall be accepted by the Contractor if all of the above information is included. Electronic
submittal may be used if available between the Contractor and Agency.
WR 2.6 Return of Parts
When returning defective parts to the Contractor, the Agency shall tag each part with the
following:
• bus number and VIN
• claim number
• part number
WR 2.7 Timeframe
Each claim must be submitted no more than thirty (30) days from the date of failure and/or
repair, whichever is later. All defective parts must be returned to the Contractor, when requested,
no more than forty-five (45) days from date of repair.
WR 2.8 Reimbursements
Reimbursements are to be transmitted to the address provided by the Agency.
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SECTION 8: QUALITY ASSURANCE
QA 1. C o n t r a c-Plsni- 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.
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Statistical techniques: Statistical analysis, tests and other quality control procedures may
be used when appropriate in the quality assurance processes.
Inspection status: A system shall be maintained by the quality assurance organization for
identifying the inspection status of components and completed transit buses.
Identification may include cards, tags or other normal quality control devices.
QA 1.2.5 Inspection System
The quality assurance organization shall establish, maintain and periodically audit a fully
documented inspection system. The system shall prescribe inspection and test of materials, Work
in process and completed articles. As a minimum, it shall include the following controls:
Inspection personnel: Sufficient trained inspectors shall be used to ensure that all
materials, components and assemblies are inspected for conformance with the qualified
bus design.
Inspection records: Acceptance, rework or rejection identification shall be attached to
inspected articles. Articles that have been accepted as a result of approved materials
review actions shall be identified. Articles that have been reworked to specified drawing
configurations shall not require special identification. Articles rejected as unsuitable or
scrap shall be plainly marked and controlled to prevent installation on the bus. Articles
that become obsolete as a result of 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.
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Stations shall also be at the best locations to inspect or test characteristics before they are
concealed by subsequent fabrication or assembly operations. These locations shall minimally
include underbody structure completion, body framing completion, body prior to paint
preparation, water test, engine installation 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.
QA2.2.1Re s i dent I n s p e c t o r' s Ro l e
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
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necessary, the Contractor's personnel shall be made available to operate the devices and to verify
their condition and accuracy.
Discrepancies noted by the resident inspector during assembly shall be entered by the
Contractor's inspection personnel on a record that accompanies the major component,
subassembly, assembly or bus from start of assembly through final inspection. Actions shall be
taken to correct 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 inspector(s) and
any other Agency representatives during the course of the Contract.
QA 3. Acceptance Tests
QA 3.1 Responsibility
Fully documented tests shall be conducted on each 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
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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
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.
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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:
• • 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:
Engine, Electric Motor.
Transmission
Alternator
Starter
A/C Compressor
Drive Axle
Power Steering Unit
Air Compressor
Electric Powertrain components if applicable.
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
P r o p o s e r' s Ch e c k l i s t
RFP No. 23-01, Joint Procurement For Heavy Duty Transit Vehicles
Package 1: Technical Proposal (Note: Package 1, 3 and 4 may be combined into one
submittal.
❑
1. Letter of Transmittal
❑
2. Acknowledgement of Addenda
❑
3. Contractor Service and Support Data, Written Service Plan describing how buses are
to be supported
❑
4. Vehicle Questionnaires, Service Questionnaire, Plant Questionnaire, Reference Lists
Above are Excel sheets submitted with requested documents embedded in the form
❑
5. Manufacturing facility plant layout including description of work by station
❑
6. Typical Delivery Schedule
7. Warranty Provisions and Warranty Administration Plan. Written Service Plan.
❑
8. Quality Assurance Program
Package 2: Price Proposal (Package 2 must be a separate sealed submittal.
❑
1. Letter of Transmittal
❑
2. Pricing Schedule(including option bus features
Package 3: Qualifications Package
❑
1. Pre -Award Evaluation Data Form
❑
2. Authorized Factory Dealer Confirmation from manufacturer and converter, Dealer's
License If applicable)
❑
3. A copy of the three (3) most recent audited financial statements, Statement of current
financial condition
❑
4. Letter for insurance
❑
5. Proposal Form
❑
1 6. Required Certifications
❑
7. FTA- Approval letter required for TVMs, Altoona Test Result or Status Information
from FTA
Package 4: Proprietary/Confidential Information Packa el
❑
1 1. Proprietary/Confidential Information
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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. Proposers are not to submit any items considered
Confidential electronically.
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Request for Pre -Offer Change or Approved Equal
This form must be used for requested clarifications, changes, substitutes or approval of items
equal to items specified with a brand name and must be submitted as far in advance of the Due
Date, as specified in "Questions, Clarifications and Omissions." Please submit the document
electronically to the contract officer with separate files for clarifications on the contract and each
bus type. File names should describe the category of request made and identify the proposing
firm. See Appendix K for form.
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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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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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Price Worksheet REV 2
The Price Worksheet is contained in a separate document that 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 are to also provide the other copies as
required in NR 3, Proposal Date and Submittal Requirements.
10�
RFP 23-01 Price
Worksheet REV 2.xlsx
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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. 23-01 for a Joint Procurement for Heavy Duty Transit Vehicles
1. Name of firm:
2. Address:
3. ❑ Individual ❑ Partnership ❑ Corporation ❑ Joint Venture
4. Date organized:
State in which incorporated:
5. Names of officers or partners:
a.
b.
C.
d.
6. How long has your firm been in business under its present name?
7. Have you been terminated or defaulted in the past five years, on any Contract you were
awarded? Have you been barred by Federal process or any Western State?
❑ Yes ❑ No
If yes, then attach as SCHEDULE ONE the full particulars regarding each occurrence.
8. Attach as SCHEDULE TWO Proposer's last three (3) financial statements prepared in
accordance with generally accepted accounting principles of the jurisdiction in which the
Proposer is located, and audited by an independent certified public accountant [This may
require execution of an acceptable non -disclosure agreement between the Agency and the
Proposer.] And Statement of Current Financial Condition.
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:
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Authorized signature Date
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Federal Certifications and Other Certifications
CER 1.1 Buy America Certification
This form is to be submitted with an offer exceeding $150,000. NOTE: If Proposer is a bus
dealer, submit forms executed by both the Dealer and Manufacturer represented.
(Separate Form Each if Proposer is Dealer)
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:
— 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.
,I '
— 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 t i tl a of t he proposer' s a u t ho
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 person(s) with me in the profits of the herein contained Contract; that the
Contract is made without any connection or interest in the profits thereof with any persons
making any bid or Proposal for said 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.
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Signature of Affiant
Date
Sworn to before me this day of
20
Seal
Notary public My
commission expires
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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 31, USC § 1352 (as
amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil 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
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Per paragraph 2 of the included form Lobbying Certification, add Standard Form—LLL,
"Disclosure Form to Report Lobbying," if applicable.
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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 § 5324(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 moldp3oposed as per JP 20 whiElhaii be tested and the results
shalibe submitted to the Agency prior to acceptance ofthe 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 t i tl a of t he
Authorized signature
p r o p o s e r' s a u t h o r i z e d
Date
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CER 1.7 DBE Approval Certification
I hereby certify that the Proposer has complied with the requirements of 49 CFR 26,
Participation by Disadvantaged Business Enterprises in DOT Programs, and it has submitted a
goal to Federal Transit Administration and it has not been disapproved.
Name and t i tl a of t he proposer' s a u t h o r i zed o
Authorized signature
Date
In addition, TVMs are to submit a copy of their FTA approval letter along with the above
TVM certification.
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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
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CER 1.9
The undersigned hereby certifies that the offeror,
(company name)
VENDOR hereby acknowledges that the -John S. McCain National Defense A,tho,;zar;on Ater for
F; s o a l Year 207, Pub. L. 115232, § 889 (Aug. 13, 2018) (the Act) prohibits the Agency from
procuring certain "covered telecommunications equipment or services," as defined in the Act, in
federally assisted procurements and that the instant procurement is a federally assisted
procurement subject to that prohibition.
VENDOR represents and warrants that it has performed a due diligence review of its supply
chain and that no such "covered telecommunications equipment or services" shall be provided to
the Agency that would cause the Agency to be in violation of the prohibition contained in the
Act.
(A) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability; and
(B) Was not convicted of the felony criminal violation under any Federal law within the
preceding 24 months.
Additionally, the Contractor acknowledges that if it cannot so certify, the Agency must refer the
matter to FTA and not to enter into any agreement with the Contractor without FTA's written
approval.
Moreover, the Contractor acknowledges that it may not enter into any sub agreement related to
this Contract without first obtaining a like certification from its subcontractor or supplier and will
require its subcontractors and suppliers at every level to obtain like certifications in lower level
transactions
(signature, typed or printed name, and date)
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CER 2.0 Proposal Form
NOTE: The following is an example of a proposal form to be modified as appropriate by
the Agency and included in the RFP.
Proposer shall complete the following form and include it in the price Proposal.
PROPOSAL
By execution below by a duly authorized representative(s) of the Proposer, the Proposer hereby
offers to furnish equipment and services as specified in its Proposal submitted to BASIN
TRANSIT in response to Request for Proposal No. 23-01: Joint Procurement for HEAVY Duty
Transit Vehicles in its entirety.
Proposer:
Street address:
City, state, ZIP:
Name and title of Authorized Signer(s):
Name and title of Authorized Signer(s):
Phone:
Authorized signature Date
Authorized signature Date
103
Notice of Award
By execution below, Basin
Transit accepts Proposal as indicated above.
Contracting officer:
Authorized signature
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Date
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CER 2.1 Federal Tax Liability and Felony criminal violations
The undersigned hereby certifies that the offeror,
(company name)
(A) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority responsible for collecting the tax
liability; and
(B) Was not convicted of the felony criminal violation under any Federal law within the
preceding 24 months.
Additionally, the Contractor acknowledges that if it cannot so certify, the Agency must refer the
matter to FTA and not to enter into any agreement with the Contractor without FTA's written
approval.
Moreover, the Contractor acknowledges that it may not enter into any sub agreement related to
this Contract without first obtaining a like certification from its subcontractor or supplier and will
require its subcontractors and suppliers at every level to obtain like certifications in lower level
transactions
(signature, typed or printed name, and date)
Vehicle Questionnaire
The Vehicle Questionnaire is attached as an Excel Spreadsheet in Appendix J. 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. To be
submitted in hardcopy and electronically (in native Excel form).
105
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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. 23-01
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 Price Worksheet 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. Contract Type
This is an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract. The minimum and
maximum quantities established for the contract period are in Section IP 1:
These figures represent the foreseeable needs of the listed Agencies shown on Appendix "C". .
Neither BASIN TRANSIT, CalACT nor any other participant guarantee any purchase beyond
the minimum quantity for the base contract period. Orders shall be placed on an as -needed basis.
107
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RFP 23-01 (HD Transit Vehicles), Final
5. 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 party giving such Notice or by a duly authorized representative
of such party.
Notices shall not be effective unless transmitted by any method that provides confirmation of
transmission and delivery, such as fax, certified mail or registered mail and addressed to:
To Agency:
Mr. Joe Meer, Director of Procurement
Basin Transit
62405 Verbena Road
Joshua Tree, CA 92252
[Insert Contractor name, address and point of contact]
6. Entire Agreement
This Contract constitutes the complete and entire agreement between the Agency and Contractor
and supersedes any prior representations, understandings, 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
108
Attachment 1 - Pricing Worksheet (Signed)
[INSERT PRICING SCHEDULE]
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SECTION It: APPENDIXES
Vehicle Specifications (Embedded)
W
Att A-3 (H-OTR-) RFP
#23-02.doc
WE
Att A-4 (H-BEB FC
35-40') RFP #23-01 Ac
W W
W
Att A-2 (H-LF 35-40') Att A-1 (H-LF 30-35')
Att A-5 OTR BEB
RFP #23-02 Add 1.do<RFP #23-01 Add 1.do<
45'.docx
Appendix B: Visual Inspection and Road Test Forms
Guide for Inspection: Coach
Manufacturer
The Following Items Should Be Inspected Coach
Number
on Every Coach of Each Order
Test
Location
ITEM
REQUIREMEN
INSPECTION
RESUL
INSPECTOR
REMARKS/NOTE
T
INSTRUCTIO
T
/
S
N
DATE
Curb
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
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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
Control
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
Fill rate and filler
Inspect filler for
Pass/Fail
location
easy access and
check fill rate
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
wires
Batteries
Secured and
Inspect
Pass/Fail
polarized wiring
compartment
access for jump
and jumper
start
cable access
HVAC
Capacity and
Operate AC,
Pass/Fail
performance
check
compressor,
condenser, flow,
and temperature
Wheelchai
Clear lift or ramp
Operate lift or
Pass/Fail
r Access
access, and
ramp, inspect
securement area
operation,
measure areas
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Power
Mounting and
Check for loose
Pass/Fail
Plant
arrangement
lines, leaks, and
noises. Check
fluid levels, belt
alignment, and
L-J
cap fit
LJ
I
SAMPLE ROAD TEST SHEET
Guide for Inspection:
Coach
Manufacturer
The Following Items Should Be Inspected Coach
Number
on Every Coach of Each Order
Test
Location
ITEM
REQUIREMENT
INSPECTION
RESULT
INSPECTOR
REMARKS/
INSTRUCTION
/DATE
NOTES
Engine
N/A
Record low idle,
Low
fast idle, and
Fast
high idle speeds
High
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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 and
in engine
compartment,
check for
abnormal noises
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
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interlocks with
dooropen
General
N/A
During testing,
Pass/Fail
observe any
abnormalities in
ride and handling
of coach
Signature of Inspector Date
114
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Appendix C Participants List (Agency Master List PDF)
23-01 Participants
List 02012024.pdf
115
RESERVED
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116
RESERVED
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
117
Appendix E, Buy America Procedures (Attached)
LLI
RFP 20-01, App E,
Buy America Procedur
Appendix F, References
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
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RFP 23-01 (HD Transit Vehicles), Final
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,
2009
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— 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
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Appendix G, Abbreviation and Acronyms
A/C air conditioning
ABS anti -lock braking system
AC alternating current
ACQ alkaline copper quaternary
ADA Americans with Disabilities Act
Ah amp hour
ALR auto -locking retractor
APA The Engineered Wood Association, formerly the American Plywood Association
APC automatic passenger counter
APTA American Public Transportation Association
ASTM ASTM International, formerly the American Society for Testing and Materials
ATC automatic traction control
AVL automatic vehicle location
AWG American Wire Gauge
BAFO Best and Final Offer
BMS Battery Management System
BRT bus rapid transit
CARB California Air Resources Board
CCS climate control system
CCTV closed-circuit television
cfm cubic feet per minute
CGA Compressed Gas Association
CNG compressed natural gas
dB decibel
DBE disadvantaged business enterprise
DC direct current
DDU driver display unit
DEF diesel exhaust fluid
DOT Department of Transportation
DPF diesel particulate filter
ECM Engine Control and Monitoring
ECS emission control system
ELR emergency locking retractor
EMI electromagnetic interference
EPA Environmental Protection Agency
ESS energy storage system
FEA Finite Element Analysis
FEMA failure mode effects analysis
FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulations
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FMVSS
Federal Motor Vehicle Safety Standards
FTA
Federal Transit Administration
GAWR
gross axle weight rated
GPS
global positioning system
GVW
gross vehicle weight
GVWR
gross vehicle weight rated
H-point
hip -point
HDS
hybrid drive system
HMI
human -machine interface
HSC
hybrid system controller
HV
high voltage
HVAC
heating, ventilation and air conditioning
ICE
internal combustion engine
I/O 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
NFPA 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
RF radio frequency
RFI radio frequency interference
RTC real-time clock
SAE SAE International, formerly the Society of Automotive Engineers
scf standard cubic feet
SLW seated load weight
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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
ZEB Zero Emission Bus
Appendix H, References List Worksheet (Attached)
Appendix I, Plant and Service Center/s Worksheets (Attached)
Appendix J, Vehicle Questionnaire Sheet (Attached)
Appendix K, RFA Form (Attached)
Appendix H, References List Form (Submit all applicable to proposal, provide in Excel Format and Hardcopy)
10�
RFP 23-01
REFERENCES FORM.xI
Appendix I, Mfrs. Plant and Service Ctr Audit Checklist (Embed requested Does in Excel Sheet, submit
electronic copy in Excel format and a hardcopy) For ZEB Buses, fii out both ZEB Bus and MFRS Preaward
audit sheets, mark NA when necessary.
123
10�
RFP 23-01 MFRS
Pre -Award Audit Shee
10� 0�
RFP 23-01 ZEB BUS RFP 23-01 SERVICE
MFR FORM.xlsb CENTER FORM.xlsb
Request for Proposal
RFP 23-01 (HD Transit Vehicles), Final
Appendix J, Vehicle Questionnaire (Submit in Electronic Excel Format and Hardcopy, Embed Does in Form
as needed)
10�
RFP 23-01 VEHICLE
QUESTION NAIRE.xlsx
Appendix K, RFA (Use only this form f o r
10�
RFP 23-01 RFA
FORM.As
t o request A E ' s)
124
MBTA CONTRACT # 23-01 NEW FLYER
AGREEMENT REGARDING PURCHASE OF TRANSIT VEHICLES.
THIS AGREEMENT is made and entered into on July 31, 2024 between and
among New Flyer of America Inc., with its principal place of business located at
6200 Glen Carson Drive, St. Cloud Minnesota, 56301 ("SELLER"), and BASIN
TRANSIT ("Morongo Basin Transit Authority/MBTA"). SELLER and Basin Transit
may be referred to herein individually as "Party" or collectively as "Parties."
RECITALS
WHEREAS, MBTA, by its Request for Proposals #23-01, duly advertised
for written proposals to be submitted for the purchase of Heavy Duty Transit
("BUSES") on behalf of itself and Consortium members ("Consortium") identified
in the Participating Agencies List in the RFP collected by the California
Association of Coordinated Transportation ("CalACT") 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 proposal in response to BASIN
TRANSIT's Notice Inviting Proposals, and
WHEREAS, after it was determined that SELLER was a successful
responsive and responsible proposer for battery electric, compressed natural
gas, diesel, diesel hybrid and hydrogen fuel cell powered buses; and
WHEREAS, SELLER's proposal in response to BASIN TRANSIT'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 BASIN TRANSIT Board of Directors has authorized the
staff via Resolution and board action to award contracts and accept SELLER'S
proposal through agreement by and between SELLER and BASIN TRANSIT
upon the terms and conditions set forth herein; and
WHEREAS, BASIN TRANSIT has fully complied with all federal, state,
and local laws governing public procurement process for the purchase of the
BUSES;
NOW, THEREFORE, incorporating the foregoing recitals herein, for
and in consideration of the promises and of the mutual covenants and
agreements herein contained, SELLER and BASIN TRANSIT 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 #23-01
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 as more particularly described in RFP #23-01 (attached
hereto as Exhibit "B") to any and all participants named in the RFP 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 #23-01 (attached hereto as Exhibit "B")
under the terms and conditions set forth in RFP #23-01.
4. DELIVERY. SELLER shall deliver F.O.B. per terms and conditions
of BASIN TRANSIT RFP #23-01 Section SP 7.4, 11 and 12 and as proposed.
5. PAYMENT BY CONSORTIUM PARTICIPANTS. SELLER shall
collect payment from Consortium 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 #23-01, Section SP 10.
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.
6. MODIFICATION. This Agreement may be modified only in a writing
approved by the BASIN TRANSIT 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 BASIN TRANSIT 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. Indemnification will be as per the terms and
conditions specified in RFP #23-01, GC 9.1.
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 #23-01 by SELLER
and incorporated herein by reference as if set forth in full. During said warranty
periods, the BUSES shall maintain structural and functional integrity. The warranty
is based on regular operation under operating conditions prevailing in the
purchaser's operating area.
17. WARRANTY OF 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:
BASIN TRANSIT: Joe Meer
Director of Cooperative Purchasing Programs
Morongo Basin Transit Authority
62405 Verbena Road
Joshua Tree, California 92252
SELLER: Jennifer McNeil
Vice President of Sales and Marketing
New Flyer of America, Inc.
6200 Glen Carson Drive, St. Cloud Minnesota,
56301
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.
New Flyer of America, Inc.
Morongo Basin Transit Authority
By
By
Jennifer McNeil, Vice President of
Sales and Marketing
Jo eer, Director of Purchasing
07/08/24
BASIN TRANSIT
ADDENDUM NO. 6
Vehicle RFP #23-01
Date Issued: July 24, 2024
The following clarifications, amendments, additions, deletions, revisions and/or modifications
form a part of the documents, and change original or previously issued documents only in the
manner and to the extent stated. The contract price shall reflect all addendum changes and
each proposer submit with the proposal, a copy of this Addendum.
Items requested by proposers in the RFP's approved equal and request for comment period that
are not addressed by addendum or included by reference are to be considered denied.
Basin Transit revises and reissues RFP #23-01 adding clauses as follows:
VIOLATION AND BREACH OF CONTRACT
Rights and Remedies of the AGENCY
The AGENCY shall have the following rights in the event that the AGENCY deems the
Contractor guilty of a breach of any term under the Contract.
1. The right to take over and complete the work or any part thereof as agency for and at the
expense of the Contractor, either directly or through other contractors;
2. The right to cancel this Contract as to any or all of the work yet to be performed;
3. The right to specific performance, an injunction or any other appropriate equitable
remedy; and
4. The right to money damages.
Rights and Remedies of Contractor
Inasmuch as the Contractor can be adequately compensated by money damages for any
breach of this Contract, which may be committed by the AGENCY, the Contractor expressly
agrees that no default, act or omission of the AGENCY shall constitute a material breach of this
Contract, entitling Contractor to cancel or rescind the Contract or to suspend or abandon
performance.
Remedies
Substantial failure of the Contractor to complete the Project in accordance with the terms of this
Agreement will be a default of this Agreement. In the event of a default, the AGENCY will have
all remedies in law and equity, including the right to specific performance, without further
assistance, and the rights to termination or suspension as provided herein. The Contractor
recognizes that in the event of a breach of this Agreement by the Contractor before the
AGENCY takes action contemplated herein, the AGENCY will provide the Contractor with sixty
(60) days written notice that the AGENCY considers that such a breach has occurred and will
provide the Contractor a reasonable period of time to respond and to take necessary corrective
action.
Disputes
Disputes arising in the performance of this Contract that are not resolved by agreement of the
parties shall be decided in writing by the authorized representative of AGENCY's Administrator.
This decision shall be final and conclusive unless within [10] days from the date of receipt of its
copy, the Contractor mails or otherwise furnishes a written appeal to the Administrator. In
connection with any such appeal, the Contractor shall be afforded an opportunity to be heard
and to offer evidence in support of its position. The decision of the Administrator shall be binding
upon the Contractor and the Contractor shall abide be the decision.
Performance during Dispute
Unless otherwise directed by AGENCY, Contractor shall continue performance under this
Contract while matters in dispute are being resolved.
Rights and Remedies
The duties and obligations imposed by the Contract documents and the rights and remedies
available thereunder shall be in addition to and not a limitation of any duties, obligations, rights
and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY
or Contractor shall constitute a waiver of any right or duty afforded any of them under the
Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in
any breach thereunder, except as may be specifically agreed in writing.
SAFE OPERATION OF MOTOR VEHICLES
Seat Belts Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and
programs for its employees and other personnel that operate company -owned vehicles,
company -rented vehicles, or personally operated vehicles. The terms "company -owned" and
"company -leased" refer to vehicles owned or leased either by the Contractor or Agency.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes
caused by distracted drivers, including policies to ban text messaging while using an electronic
device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle
Contractor owns, leases, or rents, or a privately -owned vehicle when on official business in
connection with the work performed under this agreement.
New Flyer of America Inc.
DATE 07/08/24
Byil
Jennifer McNeill
Vice President, Sales & Marketing
Addendum 46 IRFP 23-01 MF"'A
Final Audit Report 2024-08-07
Created: 2024-08-01
By: Luciana Marques (luciana_marques@newflyer.com)
Status: Signed
Transaction ID: CBJCHBCAABAAxWLA06qugxundMlkBmJRAOSHaOTem1uR
"Addendum #6 RFP 23-01 MBTA" History
Document created by Luciana Marques (luciana_marques@newflyer.com)
2024-08-01 - 1:18:56 PM GMT
Document emailed to Jennifer McNeill Qennifer_mcneill@newflyer.com) for signature
2024-08-01 - 1:19:00 PM GMT
Ali Email viewed by Jennifer McNeill Qennifer_mcneill@newflyer.com)
2024-08-07 - 2:54:29 PM GMT
Document e-signed by Jennifer McNeill Qennifer_mcneill@newflyer.com)
Signature Date: 2024-08-07 - 3:00:25 PM GMT - Time Source: server
Agreement completed.
2024-08-07 - 3:00:25 PM GMT
V Adobe Acrobat Sign
AMENDMEAT
BASIN TRANSIT CONTRACT NO. 23-01 —NEW FLYER
THIS AMENDMENT is made and entered into on JULY 31, 2025 between and among New Flyer of
America Inc., with its principal place of business located at 6200 Glen Carson Drive, St. Cloud
Minnesota, 56301 ("SELLER"), and the Morongo Basin Transit Authority ("Basin Transit/MBTA").
SELLER and The Morongo Basin Transit Authority may be referred to herein individually as "Party" or
collectively as "Parties."
RECITALS
WHEREAS, Basin Transit, by its Requestfor Proposals# 23-01, duly advertised for
written proposals to be submitted for the purchase of Transit Vehicles ("BUSES") on behalf of
the California Association for Coordinated Transportation ("CALACT") membership by Basin
Transit; and
WHEREAS the parties entered into an AGREEMENT, BASIN TRANSIT
Contract No.23-01-NEW FLYER on July 31, 2024; and
WHEREAS the AGREEMENT was for a one-year base period with four one-year
options; and
WHEREAS MBTA Board of Directors has provided authorization to staff to exercise
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 Basin Transit 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 July 30, 2026.
2. Per Section SP-5.3, Vehicle and Optional Feature Pricing, the price of the vehicles
and of the optional features for each option period shall be the unit price established in the
initial Schedule adjusted by PPI 1413 as stipulated in the Contract. For the first one-year
period, the price increase is 4.8% from the base price. The new pricing is attached to this
Amendment and shall become effective for orders placed on or after July 31, 2025.
3. Price calculation method, incorporation of additional tariff costs, and support of FTA
grantee cost analysis.
Pricing — for Purchase Orders placed on or after the date of this Amendment 1,
SELLER shall, in cooperation with the individual purchasing agency, establish a Not to
Exceed (NTE) price for each bus. That NTE price will be based on the then -current price
schedule, plus an amount expressed in dollars, for which the individual purchasing agency
assumes the risk of cost increases. SELLER shall assume the risk of cost increases beyond
the NTE price.
The final price for each bus shall be calculated at the time of production by adding to
the price at the time the Purchase Order was issued:
a. Any intervening increases formally recognized by Basin Transit pursuant to
Section SP-5.3 and based on PPI 1413 and
b. The net change in SELLER and supplier tariff costs as documented below.
The net change in SELLER and supplier tariff costs shall be the net difference between
tariffs payable on the date of the last price increase formally recognized by Basin Transit
pursuant to Section SP-5.3 and based on PPI 1413 and tariffs payable at the time of
production.
In no case shall the final price exceed the NTE price established in the Purchase
Order.
Changes in tariff costs experienced directly by SELLER shall be established through
documented proof of tariffs existing on the date of the last price increase formally recognized
by Basin Transit pursuant to Section SP-5.3 and based on PPI 1413 and those existing at the
time of production.
Changes in tariff costs experienced by SELLER's suppliers shall be established
through certifications from affected suppliers detailing the tariffs payable, in dollars, on the
date of the last price increase formally recognized by Basin Transit pursuant to Section SP-
5.3 and based on PPI 1413 and tariffs payable at the time their products were delivered to
SELLER for incorporation into the buses.
In every case, SELLER shall certify that the tariffs claimed were actually charged to
and payable by SELLER, that the tariffs claimed directly relate to the vehicles to be delivered,
and that no countervailing reduction in tariffs affecting the delivery are known to the SELLER.
SELLER shall supply such proof as a condition precedent to receiving any tariff relief.
For purposes of determining final prices, the time of production shall be deemed 45
days prior to the date on which SELLER expects production to begin and all necessary
documentation shall be delivered to the individual purchasing agency not later than 30 days
before the SELLER expects production to begin.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
NEW FLYER OF AMERICA, INC.
MORONGO BASIN TRANSIT AUTHORITY
Jennifer McNeill- Vice President, Sales &
Marketing
J07Vleer, Director of Purchasing