Rehabilitation of Three Low Floor Heavy Duty New Flyer Buses Request For Proposals______
REQUEST FOR PROPOSALS (RFP) Rehabilitation of Three Low Floor Heavy Duty New Flyer Buses
Release Date: Monday, February 10 2014 Deadline for Submission: Friday, February 28, 2014 Contact Person: John Andoh, Transit Director
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Table of Contents 1 REQUEST FOR PROPOSALS, OFFER & AWARD ...... 3 1.1 REQUEST FOR PROPOSALS ...... 4 1.1.1 SOLICITATION DATA ...... 4 1.1.2 PRE-PROPOSAL ...... 7 1.1.3 INSTRUCTIONS TO OFFERORS ...... 8 1.1.4 PROPOSAL EVALUATION, NEGOTIATION AND SELECTION ...... 10 1.1.5 RESPONSE TO PROPOSALS ...... 11 1.1.6 REQUIRED FORMS ...... 16 1.2 OFFER ...... 20 1.3 AWARD ...... 21 1.3.1 NOTICE OF AWARD ...... 21 1.3.2 NOTIFICATION OF AWARD AND DEBRIEFING ...... 21 2 GENERAL CONTRACTUAL PROVISIONS ...... 23 2.2 AGREEMENT AND MODIFICATIONS ...... 25 2.2.1 AGREEMENT AWARD AND EXECUTION ...... 25 2.2.2 AGREEMENT DOCUMENTS ...... 25 2.2.3 MODIFICATIONS TO AGREEMENT ...... 25 2.2.4 SPECIFICATION AND OFFER OMISSIONS ...... 26 2.2.5 TERMINATION OF AGREEMENT ...... 26 2.2.6 COMMUNICATIONS ...... 27 2.3 DELIVERY AND TITLE ...... 28 2.3.1 DELIVERIES ...... 28 2.3.2 REPAIRS AFTER NONACCEPTANCE ...... 28 2.3.3 UNAVOIDABLE DELAYS ...... 29 2.3.4 LIQUIDATED DAMAGES ...... 30 2.4 PAYMENT ...... 30 2.5 RISK ...... 31 2.5.1 INSURANCE ...... 31 3 QUALITY ASSURANCE PROVISIONS...... 35 3.1.1 QUALITY ASSURANCE REQUIREMENTS ...... 37 3.1.2 INSPECTIONS ...... 37 3.2 ACCEPTANCE TESTS ...... 37 3.2.1 RESPONSIBILITY ...... 37 3.2.2 PRE-DELIVERY TESTS ...... 37 3.2.3 POST-DELIVERY TESTS ...... 37 4 WARRANTY PROVISIONS ...... 39 4.1.1 WARRANTY REQUIREMENTS ...... 41 5 TECHNICAL SPECIFICATIONS ...... 42 5.1 GENERAL ...... 44 5.1.1 SCOPE...... 44 5.1.2 LEGAL REQUIREMENTS ...... 44 5.1.3 OVERALL REQUIREMENTS ...... 44 6 FEDERAL REQUIREMENTS...... 51
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1 REQUEST FOR PROPOSALS, OFFER & AWARD
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1.1 REQUEST FOR PROPOSALS
1.1.1 SOLICITATION DATA
1.1.1.1 INTRODUCTION
RELEASE DATE: Monday, February 10, 2014
CLOSING DATE: Proposals must be received by Friday, February 28, 2014 by 4:00 P.M. Arizona Time (AT) at the address listed below:
CONTACT PERSON: John Andoh, Transit Director Yuma County Intergovernmental Public Transportation Authority Mailing: 2715 East 14th Street, Yuma, AZ 85365 Phone: (928) 539-7076, ext 237, Fax (928) 783-0309 CONTACT PROJECT MANAGER FOR PROJECT SPECIFIC QUESTIONS AS DEFINED IN SECTION 1.1.2.2. ______
The Yuma County Intergovernmental Public Transportation Authority (YCIPTA) formed on December 13, 2010 by the Yuma County Board of Supervisors to administer, plan, operate and maintain public transit services throughout Yuma County, including within the political jurisdictional boundaries of the Cities of Yuma, San Luis, Somerton, Town on Wellton and the unincorporated Yuma County areas. Service is also provided on the Cocopah and Fort Yuma Indian Reservations as well as eastern Imperial County, including the unincorporated community of Winterhaven and El Centro, California.
Yuma County Area Transit (YCAT) is the marketing name for YCIPTA and the fixed route transit system. YCAT OnCall is the marketing name for the demand responsive transit system. YCAT began in 2002 as a rebranded effort from what was previously known as Valley Transit. Greater Yuma Area Dial-A-Ride (now YCAT OnCall) began in 2000 and was the county’s first public transportation service. The Yuma Metropolitan Planning Organization (YMPO) has been the administrator of public transit service in Yuma County since 2000 utilizing Federal Transit Administration (FTA) funding that has been available to the Yuma Urbanized Area since 1980 when the urbanized area exceeded 50,000 in population.
YCAT operates eleven fixed routes, a vanpool program and a demand responsive service throughout the southwestern quadrant of Yuma County. YCAT operates Monday-Friday from 5:50 am to approximately 7:30 pm with headways every 60 minutes and limited service continuing until 11:30 pm from Arizona Western College. Saturday service is available from 9:10 am to 6:30 pm with headways every 60 minutes. There is no service on Sundays or major holidays at this time. These services are provided under contractual arrangements with Parking Concepts, Inc of Irvine, California, vRide of Troy, Michigan and Enterprise Holdings of Tempe, Arizona.
YCIPTA operates 30 buses. 21 buses are powered by diesel and used on YCAT fixed routes. 6 buses and 3 vans are powered by gasoline and used on YCAT OnCall. All buses Request for Proposal, Offer & Award February 2014 4
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and vans are owned by YCIPTA and were purchased with Federal Transit Administration (FTA) funding.
ABOUT YUMA COUNTY
Yuma County has a colorful history, which lives on today in a fast-growing, vibrant community. In 1540, just 48 years after Columbus discovered the New World, 18 years after the conquest of Mexico by Cortez, and 67 years before the settlement of Jamestown, Hernando de Alarcon visited the site of what is now the current County of Yuma. He was the first European to visit the area and to recognize the best natural crossing of the Colorado River. Much of Yuma County's later development occurred because of this strategic location.
From the 1850's through the 1870's, steamboats on the Colorado River transported passengers and goods to various mines, military outposts in the area, and served the ports of Yuma, Laguna, Castle Dome, Norton's Landing, Ehrenberg, Aubry, Ft. Mohave and Hardyville. During this time stagecoaches also carried the mail and passengers on bone- jarring rides through the area.
For many years, Yuma served as the gateway to the new western territory of California, which brought thousands from around the world in search of gold, or those who had it. In 1870, the Southern Pacific Railroad bridged the river. Yuma became a hub for the railroad and was selected as the county seat in 1864.
Yuma County is one of four original counties designated by the first Territorial Legislature. It maintained its original boundaries until 1983 when voters decided to split Yuma County into La Paz County in the north and a new "Yuma County" in the south.
The Ocean-to-Ocean Bridge (or Old Highway 80 Bridge) was the first vehicle bridge across the Colorado River. Prior to the construction of the bridge, cars were ferried across.
Yuma County is larger than the state of Connecticut. Much of Yuma County's 5,522 square miles is desert land accented by rugged mountains. Several river valley regions, however, contain an abundance of arable land which is irrigated with water from the Colorado River.
These valley areas have some of the most fertile soils in the world, having received silt and mineral deposits from Colorado and Gila River floods until the rivers were tamed by an intricate series of dams and canals.
Farming, cattle raising, tourism, and two military bases, US Marine Corp Air Station (MCAS) and US Army Yuma Proving Ground (YPG) are Yuma County's principal industries.
Some of the major attractions in Yuma County are the historical Territorial Prison, the Yuma Crossing Historic Park. Other great places to visit are the Kofa Mountain Range and Wildlife Refuge, and Martinez and Mittry Lakes.
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Hunting is a popular sport, as the county offers a variety of different types of game. Major rivers in Yuma County are the Gila and the Colorado, the two most historic rivers in the Southwest.
The Marine Corps Air Station (MCAS), shares one of the longest runways in the country with the Yuma International Airport. Yuma has some of the cleanest skies and best flying weather in the United States.
Yuma County is bordered by California on the West and Mexico on the South. Living close to the Mexican border offers a great opportunity to experience multi-cultural and international business opportunities.
Arizona Western College (AWC) is located in Yuma County. This is a two-year community college, which offers higher education to full-time and part-time on-campus and off-campus students. AWC shares its campus with a satellite campus of Northern Arizona University (NAU) and University of Arizona (UA), offering a variety of two year, four year and post graduate programs.
Yuma County has a year-round population of 195,751 residents. During the winter, the population increases by about 90,000 due to the sun-seeking Winter Visitors affectionately known as "Snowbirds".
1.1.1.2 SCOPE YCIPTA requests proposals for a qualified contractor to rebuild the engine and transmission and cosmetically rehabilitation one (1) 1996 40’ New Flyer low floor bus and two (2) 1997 40’ New Flyer low floor buses. The successful bidder must be able to commence work 60 days after the award of the Agreement and complete the pickup, rehabilitation, and delivery of transit buses in accordance with the terms and conditions set forth herein. Three New Flyer buses will be picked up by the contractor, one at a time, for the rehabilitation process. The Agreement shall be a firm-fixed price Agreement awarded to the bidder providing the Best Value to YCIPTA and found responsible and responsive.
Successful bidder is required to supply YCIPTA in electronic format within 60 days of award of Agreement, a detailed list including part numbers, description, manufacturer and suppliers name for the paint and components, new and replaced as a result of this rehabilitation through e-mail and/or on a computer CD or DVD. Upon completion of project, contractor shall supply YCIPTA a PDF document (or agreed upon equal) in booklet form, describing in detail with pictures, of installed parts, locations, part numbers, description, manufacturer and suppliers name for the paint and components, new and replaced on computer CD or DVD as a result of this rehabilitation.
1.1.1.3 SOLICITATION SCHEDULE The following is the solicitation schedule for Offerors:
ESTIMATED TIME FRAME (Subject to change without notice)
Monday, February 10, 2014 Release date of RFP
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Friday, February 14, 2014 Questions for RFP due to YCIPTA by 4:00 p.m., AT.
Tuesday, February 18, 2014 Responses to Questions posted at www.ycat.az.gov click on Inside YCIPTA, Procurement Opportunities
Friday, February 28, 2014 RFP responses due no later than 4:00 P.M., AT.
Monday, March 3, 2014 RFP responses distributed to review committee.
Wednesday, March 12, 2014 Letters to firm selected and to firms not selected are faxed and mailed out.
Monday, March 24, 2014 Item goes before YCIPTA Board of Directors requesting approval of the RFP respondent selected.
Tuesday, April 1, 2014 OFFERORS starts.
1.1.2 PRE-PROPOSAL
1.1.2.1 PRE-PROPOSAL CONFERENCE A pre-proposal conference will not be held. Prospective Offerors are requested to submit written questions to the Project Manager via e-mail at [email protected]. Prospective Offerors are reminded that any changes to the RFP will be by written addenda only and nothing stated verbally shall change or qualify in any way any of the provisions in the RFP and shall not be binding on YCIPTA.
1.1.2.2 OFFEROR COMMUNICATIONS AND REQUESTS All correspondence, communication and/or contact in regard to any aspect of this solicitation or offers shall be with the Project Manager. Offerors and their representatives shall not make any contact with or communicate with any members of YCIPTA, or its employees, Board Members and consultants, other than the Project Manager in regard to any aspect of this solicitation or offers.
At any time during this procurement up to the time specified in “Solicitation Schedule” (Section 1.1.1.3), Offerors may e-mail a request for a clarification or interpretation of any aspect, or 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 Project Manager and may be transmitted by e-mail. The Offeror making the request shall be responsible for its proper delivery to the Project Manager on the form provided in “Request for Pre-Offer Change or Approved Equal” (Section 1.1.6.1). Any request for a change to any requirement of the Agreement documents must be fully supported with technical data, test results, or other pertinent information evidencing that the exception will result in a condition equal to or better than that required by the RFP, without substantial increase in cost or time requirements. Any responses to such written requests shall be provided by the Project Manager in the form of addenda only. Only written responses provided as addenda shall be official and all other Request for Proposal, Offer & Award February 2014 7
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forms of communication with any officer, employee or agent of YCIPTA shall not be binding on YCIPTA.
1.1.2.3 ADDENDA TO RFP YCIPTA reserves the right to amend the RFP at any time. Any amendments to or interpretations of the RFP shall be described in written addenda. YCIPTA shall provide copies of Addenda to all prospective Offerors officially known to have received the RFP. Prospective Offerors, or their agents, shall be responsible to collect the addendum from the Project Manager. Notification of or the addendum will ONLY be posted on www.ycipta.az.gov, under Inside YCIPTA and then click on Procurement Opportunities. It is the responsibility of each Offeror to check the website for updates. YCIPTA assumes no responsibility for those whom chooses to not check the website for updates. Failure of any prospective Offeror to check for the addendum shall not relieve the Offeror from any obligation under its proposal as submitted or under the RFP, as clarified, interpreted or modified. All addenda issued shall become part of the RFP. Prospective Offerors shall acknowledge the receipt of each individual addendum and all prior addenda in their proposals using form 1.1.6.2. Failure to acknowledge in their proposals receipt of addenda may at YCIPTA's sole option disqualify the proposal.
If YCIPTA determines that the addenda may require significant changes in the preparation of proposals, the deadline for submitting the proposals may be postponed by the number of days that YCIPTA determines will allow Offerors sufficient time to revise their proposals. Any new Due Date shall be included in the addenda.
1.1.2.4 CONDITIONS, EXCEPTIONS, RESERVATIONS OR UNDERSTANDINGS Proposals stating conditions, exceptions, reservations or understandings (hereinafter “deviations”) relating to the RFP may be rejected. Offerors may submit an alternate proposal that states deviations so long as a basic proposal not containing deviations is submitted. Offerors may propose alternates either within one overall proposal or by submitting more than one proposal. Any alternate proposal shall include a price proposal in accordance with “Price Proposal Requirements” (Section 1.1.3.3).
Any and all deviations must be explicitly, fully and separately stated in the proposal by completing form(s) provided in “Form for Proposal Deviation” (Section 1.1.6.3), setting forth at a minimum the specific reasons for each deviation so that it can be fully considered and, if appropriate, evaluated by YCIPTA. All deviations not found by YCIPTA to be unacceptable shall be evaluated in accordance with the appropriate evaluation criteria and procedures, and may result in the Offeror receiving a less favorable evaluation than without the deviation.
1.1.3 INSTRUCTIONS TO OFFERORS
1.1.3.1 DUE DATE Sealed proposals in original and one (1) electronic copy must be received at the address shown in “YCIPTA and Transit Director” (Section 1.1.1.1) by Friday, February 28, 2014 at 4:00 p.m., AT for the Rehabilitation of 3 Low Floor Heavy Duty New Flyer Buses. All labor, equipment, and materials shall be furnished in strict accordance conditions of the Request for Proposal, Offer & Award February 2014 8
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Agreement Documents. Proposals and subsequent offers shall be valid for a period of 90 days. The term of this agreement shall be for two (2) years from date of award.
1.1.3.2 TECHNICAL PROPOSAL REQUIREMENTS A letter of transmittal shall be addressed to the Project Manager and must, at a minimum, contain the following: 1. Identification of the offering firm(s), including name, address and telephone number of each firm; 2. Proposed working relationship among offering firms (e.g., prime/subcontractor), if applicable; 3. Acknowledgement of receipt of RFP addenda, if any; 4. Name, title, address and telephone number of contact person during the period of proposal evaluation; 5. A statement to the effect the proposal shall remain valid for a period of not less than 90 days from the date of submittal; and 6. Signature of a person authorized to bind the offering firm to the terms of the proposal.
Proposals shall be submitted in 8-1/2” x 11” size using a single method of fastening. Offers should be typed; double spaced, and should not include any unnecessarily elaborate or promotional material. Lengthy narrative is discouraged, and presentations should be brief and concise. Information should be presented in the order in which it is requested.
1.1.3.2.1 TECHNICAL PROPOSAL The Offeror may propose enhancements to the Technical Specification, which do not materially deviate from the objectives or required content of the program.
State any exceptions to or deviations from the requirements of this RFP, segregating “technical” exceptions from “contractual” exceptions. Where the Offeror wishes to propose an alternative approach to meeting the technical or contractual requirements, these should be thoroughly explained and supported.
1.1.3.3 OPENING OF PROPOSALS Proposals will be publicly opened.
Qualification Requirements The following are the requirements for qualifying responsible Offerors. All of these requirements must be met; therefore, they are not listed by any particular order of importance. The Offeror of any proposal that cannot be made to meet these requirements may be determined not to be responsible and its proposal rejected. The requirements are as follows:
I. Sufficient financial strength and resources and capability to finance the work to be performed and complete the Agreement in a satisfactory manner as measured by:
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A. Ability to secure required bond(s) as evidenced by a letter of commitment from an underwriter confirming that the Offeror can be bonded for the required amount; or to secure and provide a letter of credit for the required amount. or
B. Willingness of any parent company to provide the required financial guaranty evidenced by a letter of commitment signed by an officer of the parent company having the authority to execute the parent company guaranty. or
C. Ability to obtain required insurance with coverage values that meet minimum requirements evidenced by a letter from an underwriter confirming that the Offeror can be insured for the required amount.
II. Evidence that the human and physical resources are sufficient to perform the Agreement as specified and assure delivery of all equipment and services within the time agreed to in the Agreement, to include:
A. Adequate manufacturing facilities sufficient to produce and factory-test equipment on schedule.
III. Evidence that Offeror is qualified in accordance with Part 3: Quality Assurance Provisions.
1.1.4 PROPOSAL EVALUATION, NEGOTIATION AND SELECTION
Proposals will be selected based on “Best Value”. The Offeror that presents a bid with the Best Value, that Proposal meeting the most, if not all, requirements of the RFP while staying within the budgeted $150,000.00 will be selected.
“Best Value” is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience of the management team, creativity of proposal, quality and comprehensiveness of required Plans. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous and of the greatest value to YCIPTA.
The Offeror is expected to complete the requirements defined in the technical specifications for each bus. All three vehicles will need the engines rebuilt, transmission valve bodies rebuilt, interiors repainted, all lamps replaced with LED (as defined in the technical specifications), and seats cushions replaced. The Offeror that meets the most of the requirements will be selected. If more than one Offeror meets all of the requirements, then the selection will be based on the quality of the repair parts to be used, as defined in their proposal, and the reputation of the Offeror, as identified during reference checks.
An audit of the vehicles is attached for your consideration.
Offerors are required to complete the pricing proposal in Section 1.1.6.4.
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It is anticipated that proposals will be reviewed by YCIPTA staff, in conjunction with the review committee. Interviews with selected Offerors may be held. Notifications of acceptance or rejection by YCIPTA will be made in writing to all Offerors.
The review committee shall score each proposal and shall make a recommendation to the YCIPTA Board of Directors based on the criteria set forth above. The YCIPTA Board of Directors shall make the ultimate selection of the OFFERORS. YCIPTA Board of Directors will make the award consistent with Federal guidelines in order to better assure funding, and may take into account both objective and subjective impressions gained from the evidence and arguments presented at the public hearing, and on the product of such individual investigation as Board Members may make prior to the final decision.
1. General: YCIPTA has published this Request for Proposals. It is the intent to award the Agreement to the OFFERORS that most closely meets the specific needs of YCIPTA, not solely on the basis of price.
2. Initial Screening: YCIPTA’s Review Committee will make an initial evaluation of all proposals. Upon that initial evaluation, the Committee will rank the proposals received in general order of quality, and by how closely the proposals meet YCIPTA’s needs. YCIPTA reserves the right to award Agreement to other than the lowest cost proposal allowing for a more responsive proposal that addresses all of the above criteria and best satisfies YCIPTA’s needs. YCIPTA also reserves the right to reject all proposals. The Review Committee may consider criteria other than those listed below, as necessary, in the selection process.
3. Interviews, Inspections, Best and Final Offer (BAFO): OFFERORS may be required, and shall be prepared to attend an interview with the Review Committee. The Project Manager must be available to answer questions at the interview. YCIPTA may choose, at its sole option, not to interview all OFFERORS or conduct any interviews. YCIPTA may reject any or all proposals submitted, or at its sole discretion, award Agreement to the best OFFERORS without any interviews. YCIPTA may ask all OFFERORS or only those determined to be within the competitive range to submit a Best and Final Offer (BAFO). If this step is to be included, detailed instructions will be provided at the time of the request.
4. Selection Criteria: An initial screening of proposals for completeness, and to verify that minimum YCIPTA requirements are met will be undertaken, and YCIPTA will reject as non-responsive any proposal which does not include all the required documents or meet the minimum requirements, and no further evaluation of non- responsive proposals will be performed. YCIPTA may request additional information while reviewing proposals.
1.1.5 RESPONSE TO PROPOSALS
1.1.5.1 ACCEPTANCE/REJECTION OF PROPOSALS YCIPTA reserves the right to reject any or all proposals for sound business reasons, if the proposal process was not followed as defined in this RFP, to undertake discussions with Request for Proposal, Offer & Award February 2014 11
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one or more Offerors, and to accept that proposal or modified proposal which, has the lowest price. YCIPTA reserves the right to consider any specific proposal which is conditional or not prepared in accordance with the instructions and requirements of this RFP to be noncompetitive. YCIPTA 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 Offerors.
If there is any evidence indicating that two or more Offerors are in collusion to restrict competition or otherwise engaged in anti-competitive practices, the proposals of all such Offerors shall be rejected and such evidence may be a cause for disqualification of the participants in any future solicitations undertaken by YCIPTA.
YCIPTA may reject a proposal that includes unacceptable deviations as provided in “Conditions, Exceptions, Reservations or Understandings”.
1.1.5.2 SINGLE PROPOSAL RESPONSE If only one proposal is received in response to this RFP and it is found by YCIPTA to be acceptable, a detailed price/cost proposal may be requested of the single Offeror. A price or cost analysis, or both, possibly including an audit, may be performed by or for YCIPTA of the detailed price/cost proposal in order to determine if the price is fair and reasonable. The Offeror has agreed to such analysis by submitting a proposal in response to this RFP. A price analysis is an evaluation of a proposed price that does not involve an in-depth evaluation of all the separate cost elements and the profit factors that comprise an Offeror's price proposal. It should be recognized that a price analysis through comparison to other similar procurements must be based on an established or competitive price of the elements used in the comparison. The comparison must be made to a purchase of similar quantity, involving similar specifications and in a similar time frame. Where a difference exists, a detailed analysis must be made of this difference and costs attached thereto. Where it is impossible to obtain a valid price analysis, it may be necessary to conduct a cost analysis of the proposed price. A cost analysis is a more detailed evaluation of the cost elements in the Offeror's Offer to perform. It is conducted to form an opinion as to the degree to which the proposed costs represent what the Offeror's performance should cost. A cost analysis is generally conducted to determine whether the Offeror is applying sound management in proposing the application of resources to the contracted effort and whether costs are allowable, allocable and reasonable. Any such analyses and the results therefrom shall not obligate YCIPTA to accept such a single proposal; and YCIPTA may reject such proposal at its sole discretion.
1.1.5.3 CANCELLATION OF PROCUREMENT YCIPTA reserves the right to cancel the procurement, for any reason whatsoever, at any time before the Agreement is fully executed and approved on behalf of YCIPTA.
1.1.5.4 AVAILABILITY OF FUNDS This procurement is subject to the availability of funding. YCIPTA's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the Agreement purposes can be made. No legal liability on the part of YCIPTA for any payment shall arise until funds are made available to the Transit Director for this Agreement and until the Contractor receives notice of such availability, to be confirmed in writing by the Transit
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Director. Any award of Agreement hereunder will be conditioned upon said availability of funds for the Agreement.
1.1.5.5 GENERAL TERMS AND CONDITIONS
RFP does not commit YCIPTA to award an Agreement, to pay any cost incurred in the preparation of the firm’s RFP response or to procure or contract for services or supplies.
Submission of a proposal means that the OFFERORS hereby agrees to all terms and conditions set forth in all the pages of this solicitation. The Offerors must contain within the proposal, a description of those terms and/or conditions to which the Offerors does not agree.
1. Award: The firms/entities chosen to provide services may be required to participate in negotiations and to submit such revisions of their proposals as may result from negotiations. Agreements for services will be awarded to firms based upon the availability of staff and cost of services. YCIPTA reserves the right to award a contract/select a provider without discussion based upon the initial proposals received, without interviews.
YCIPTA reserves the right to introduce additional terms and conditions at the time the final Agreement is negotiated. Any additional terms or conditions would be limited to ones having the effect of clarifying the RFP language and or correcting defects, such as omissions or misstatements, which are discovered after the RFP, is issued.
3. Business License: A OFFERORS shall be required to obtain and maintain a current business license from the place of operation.
4. Professional Licensing: The OFFERORS, and any subofferors, shall possess any necessary license(s) relative to the work to be performed required by an appropriate licensing authority of the State of Arizona, and shall provide evidence of such to YCIPTA with their proposal or prior to commencement of the work in such form as YCIPTA shall require.
5. Assignment/Subcontracting: The selected OFFERORS shall not assign or subcontract services or responsibilities without the prior written consent of YCIPTA. YCIPTA acknowledges that subcontracting can be in YCIPTA’s best interest, but reserves the right of final approval.
1.1.5.6 PROTESTS Any protests by an interested party regarding this procurement shall be made in accordance with Protest Procedures shown on www.ycipta.az.gov. After such administrative remedies have been exhausted, an interested party may file a protest with the Federal Transit Administration (FTA) of the U.S. Department of Transportation pursuant to the procedures provided in FTA C 4220.1D. and the Arizona Department of Transportation (ADOT). Failure to comply with the protest procedures will render a protest untimely and/or inadequate and shall result in its rejection.
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1.1.5.6.1 PROTEST PROCEDURES
Protests Prior to Proposal Opening: Protests regarding any aspect of the attached materials and YCIPTA selection procedures must be submitted in writing (via mail, email or fax only) to John Andoh, Transit Director, YCIPTA, 2715 East 14th Street, Yuma, AZ 85365, fax: (928) 783-0309, email: [email protected], by 5:00 p.m., Arizona Time, Wednesday, February 26, 2014. The YCIPTA Transit Director will respond to these protests by Thursday, February 27, 2014 with an addendum to this RFP posted on YCIPTA’s website. This action completes the pre-opening administrative protest remedy at YCIPTA level.
Protests After Proposal Opening/Announcement of Award: Protests regarding YCIPTA’s proposed selection of offerers after proposal opening and/or award announcement must be submitted in writing (via mail, email or FAX) to John Andoh, Transit Director, YCIPTA, 2715 East 14th Street, Yuma, AZ 85365, fax: (928) 783-0309, email: [email protected], by 5:00 p.m., Arizona Time, Thursday, March 20, 2014. The YCIPTA Transit Director will respond to these protests by Friday, March 21, 2014 by email and/or FAX. This action completes the proposal opening/award announcement administrative protest remedy at YCIPTA level.
Protests After Award has been Made: Protests regarding YCIPTA’s selection of offerers after Board of Directors action must be submitted in writing (via mail, email or FAX) to John Andoh, Transit Director, YCIPTA, 2715 East 14th Street, Yuma, AZ 85365, fax: (928) 783- 0309, email: [email protected], by 5:00 p.m., Arizona Time, Friday, April 4, 2014. The YCIPTA Transit Director will respond to these protests by Friday, April 11, 2014 by email and/or FAX. This action completes the after award administrative protest remedy at YCIPTA level.
Under certain limited circumstances, and after the protester has exhausted all administrative protest remedies made available to him/her at YCIPTA level, an interested party may protest to the Federal Transit Administration (FTA) and Arizona Department of Transportation (ADOT) regarding the award of a Agreement pursuant to a FTA grant. The deadline for submitting protests to FTA prior to proposal opening is 5:00 p.m. Arizona Time, Thursday, February 27, 2014. The deadline for submitting protests to FTA after opening/announcement of award is 5:00 p.m. Arizona Time, Friday, April 25, 2014.
FTA and ADOT review of any protest will be limited to:
(1) Violations of Federal Law or Regulations: Violations of State or local law shall be under the jurisdiction of State or local authorities.
(2) Violation of YCIPTA's protest procedures or YCIPTA's failure to review a complaint or protest.
The protest filed with FTA and ADOT shall:
(1) Include the name and address of the protester.
(2) Identify YCIPTA as the party responsible for the RFP process.
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(3) Contain a statement of the grounds for protest and any supporting documentation. (The grounds for protest filed with FTA must be fully supported to the extent feasible. Additional materials in support of an initial protest will only be considered if authorized by the FTA regulations).
(4) Include a copy of the protest filed with YCIPTA, and a copy of YCIPTA's decision, if any.
(5) Indicate the ruling or relief desired from FTA and ADOT.
Such protests should be sent to:
Federal Transit Administration Region IX, 201 Mission Street, Suite 1650, San Francisco, CA 94105.
Arizona Department of Transportation, 206 South 17th Street, Room 340B, Phoenix, Arizona 85007. Attention 5311 Program Manager, South.
A copy of such protests should also be sent to the YCIPTA Transit Director.
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1.1.6 REQUIRED FORMS
1.1.6.1 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 “Offeror Communications and Requests” (Section 1.1.2.2).
RFP Name: Offeror: ______
Solicitation Ref: Page Section: :
Questions/Clarification or Approved Equal:
YCIPTA:
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1.1.6.2 ACKNOWLEDGMENT OF ADDENDA The following form shall be completed and included in the price proposal.
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 Offer.
The undersigned acknowledges receipt of the following addenda to the documents:
Addendum No. , Dated Addendum No. , Dated Addendum No. , Dated Addendum No. , Dated
Offeror: Name
Street Address
City, State, Zip
Signature of Authorized Signer
Title
Phone
Request for Proposal, Offer & Award February 2014 17
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1.1.6.3 FORM FOR PROPOSAL DEVIATION The following form shall be completed for each condition, exception, reservation or understanding (i.e., deviation) in the proposal according to “Conditions, Exceptions, Reservations and Understandings”
Deviation Offeror: #:
Solicitation Ref: Page: Section :
Complete Description of Deviation
Rationale (Pros & Cons):
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1.1.6.4 PRICING SHEET
Identify any deviations from the Technical Requirements. Mark which buses will receive these requirements by placing an x under the appropriate bus number. Only vehicle# 138/9610 must receive exterior painting and has been pre-marked to represent this.
VEHICLE NUMBER 9610/138 9709/137 9710/136
Engine Rebuild (or)
In-Frame Engine Rebuild Only
Transmission Rebuild (or) Transmission Valve Body Rebuild Only
Interior Repaint Exterior Repaint and Wrap x N/A N/A
Driver's Seat Replacement
Interior Seat Cushion Replacement
Interior Lighting Replacement
Exterior Lighting Replacement Other accessories
Any and all deviations from the Technical Requirements must also be documented on a deviation form 1.1.6.3.
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1.2 OFFER
Offeror shall complete the following form and include same in the price proposal.
OFFER
By execution below Offeror hereby offers to furnish equipment and services as specified in YCIPTA’s Request for Proposals for the Rehabilitation of 3 Low Floor Heavy Duty New Flyer Buses including the General Provisions (Section 2), Quality Assurance Provisions (Section 3), Warranty Provisions (Section 4) and Technical Specifications (Section 5), therein.
Offeror: Name
Street Address
City, State, Zip
Signature of Authorized Signer
Title
Phone
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1.3 AWARD
1.3.1 NOTICE OF AWARD
By execution below, YCIPTA accepts Offer as indicated above.
Transit Director: Signature
Date of Award:
1.3.2 NOTIFICATION OF AWARD AND DEBRIEFING
Offerors who submits a proposal in response to this RFP shall be notified in writing regarding the firm awarded the Agreement. Such notification shall be made at least seven (7) days prior to the date the Agreement is awarded.
Offerors who was not awarded the Agreement may obtain a prompt explanation concerning the strengths and weaknesses of their proposal. Unsuccessful Offerors who wish to be debriefed, must request the debriefing in writing and it must be received by the Project Manager within three (3) days of notification of the Agreement award.
Request for Proposal, Offer & Award February 2014 21
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2 GENERAL CONTRACTUAL PROVISIONS
General Contractual Provisions 23 October 2013
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GENERAL CONTRACTUAL PROVISIONS TABLE OF CONTENTS
2 GENERAL CONTRACTUAL PROVISIONS ...... 23 2.2 AGREEMENT AND MODIFICATIONS ...... 25 2.2.1 AGREEMENT AWARD AND EXECUTION ...... 25 2.2.2 AGREEMENT DOCUMENTS ...... 25 2.2.3 MODIFICATIONS TO AGREEMENT ...... 25 2.2.3.1 CONTRACTOR CHANGES ...... 25 2.2.3.2 WRITTEN CHANGE ORDERS ...... 25 2.2.3.3 PRICE ADJUSTMENT FOR REGULATORY CHANGES ...... 25 2.2.4 SPECIFICATION AND OFFER OMISSIONS...... 26 2.2.5 TERMINATION OF AGREEMENT ...... 26 2.2.5.1 TERMINATION FOR CONVENIENCE ...... 26 2.2.5.2 TERMINATION FOR DEFAULT ...... 26 2.2.6 COMMUNICATIONS ...... 27 2.3 DELIVERY AND TITLE ...... 28 2.3.1 DELIVERIES ...... 28 2.3.1.1 BUS DELIVERY PROCEDURE ...... 28 2.3.1.2 DELIVERY SCHEDULE ...... 28 2.3.1.3 PRE-DELIVERY TESTS AND INSPECTIONS ...... 28 2.3.1.4 ACCEPTANCE OF BUS ...... 28 2.3.2 REPAIRS AFTER NONACCEPTANCE ...... 28 2.3.2.1 REPAIRS BY CONTRACTOR ...... 28 2.3.3 UNAVOIDABLE DELAYS ...... 29 2.3.3.1 CONTRACTOR'S DELAY ...... 29 2.3.3.2 NOTIFICATION OF CONTRACTOR DELAY ...... 29 2.3.4 LIQUIDATED DAMAGES ...... 30 2.4 PAYMENT...... 30 2.5 RISK ...... 31 2.5.1 INSURANCE ...... 31 2.5.1.1 MINIMUM SCOPE OF INSURANCE...... 31 2.5.1.2 MINIMUM LIMITS OF INSURANCE...... 31 2.5.1.3 DEDUCTIBLES AND SELF-INSURED RETENTIONS ...... 32 2.5.1.4 OTHER INSURANCE PROVISIONS ...... 32 2.5.1.5 ACCEPTABILITY OF INSURERS ...... 32 2.5.1.6 VERIFICATION OF COVERAGE ...... 32 2.5.1.7 INDEMNIFICATION ...... 32 2.5.1.8 MATERIALS/ACCESSORIES RESPONSIBILITY ...... 33
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2.2 AGREEMENT AND MODIFICATIONS
2.2.1 AGREEMENT AWARD AND EXECUTION
The acceptance of an Offer for award, if made, shall be evidenced by a notice of award of Agreement in writing delivered in person or by registered mail to the Offeror whose Offer is accepted. No other act by YCIPTA shall evidence acceptance of an Offer. Such notice shall obligate said Offeror to commence performance under the Agreement.
2.2.2 AGREEMENT DOCUMENTS
The Agreement consists of the following: Part 1 – Contractor’s Offer and YCIPTA’s Notice of Award Part 2 – General Contractual Provisions Part 3 – Quality Assurance Provisions Part 4 – Warranty Provisions Part 5 – Technical Specifications Addenda – As issued
In case of any conflict among these documents where the parties' intended resolution is not clear, the order of precedence shall be:
First – Addenda issued by YCIPTA Second – Part 5, Technical Specifications Third – Parts 2, 3 and 4 of this document Fourth – Contractor’s Offer
2.2.3 MODIFICATIONS TO AGREEMENT
2.2.3.1 CONTRACTOR CHANGES Any proposed change in this Agreement shall be submitted to YCIPTA for its prior approval.
2.2.3.2 WRITTEN CHANGE ORDERS Oral change orders are not permitted. No change in this Agreement shall be made unless the Transit Director gives prior written approval therefore. 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 Agreement and signed by the Transit Director.
2.2.3.3 PRICE ADJUSTMENT FOR REGULATORY CHANGES If price adjustment is indicated, either upward or downward, it shall be negotiated between YCIPTA and the Contractor for changes that are mandatory as a result of legislation or regulations that are promulgated and become effective after the Due Date. Such price adjustment will be audited, where required.
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2.2.4 SPECIFICATION AND OFFER OMISSIONS
Notwithstanding the provision of drawings, technical specifications, or other data by YCIPTA, the Contractor shall have the responsibility of supplying all parts and services required to make the bus complete and ready for service even though such details may not be specifically mentioned in the drawings and specifications.
Any request, condition, exception, reservation, understanding or other deviation by Contractor not separately stated as required by "Instructions to Offerors" (Section 1.1.3 of YCIPTA's solicitation) by completing the specified form(s) shall be invalid and shall not be binding on YCIPTA.
2.2.5 TERMINATION OF AGREEMENT
2.2.5.1 TERMINATION FOR CONVENIENCE The performance of work under this Agreement may be terminated by YCIPTA in accordance with this clause in whole, or from time to time in part, whenever the Transit Director shall determine that such termination is in the best interest of YCIPTA. 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 Agreement is terminated, and the date upon which such termination becomes effective.
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 "YCIPTA" shall be substituted in lieu thereof.
2.2.5.2 TERMINATION FOR DEFAULT YCIPTA may, by written notice of default to the Contractor, terminate the whole or any part of this Agreement 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 provisions of the Agreement, or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not cure such failure within a period of 10 (ten) days (or such longer period as the Transit Director may authorize in writing) after receipt of notice from the Transit Director specifying such failure.
In the event that YCIPTA elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Agreement, such waiver by YCIPTA shall not limit YCIPTA's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement.
If the Agreement is terminated in whole or in part for default, YCIPTA may procure, upon such terms and in such manner as the Transit Director may deem appropriate, supplies or services similar to those so terminated. The Contractor shall be liable to YCIPTA for any
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excess costs for such similar supplies or services, and shall continue the performance of this Agreement 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 Agreement arises out of causes 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 in sufficient time to permit the Contractor to meet the required delivery schedule.
Payment for completed supplies delivered to and accepted by YCIPTA shall be at the Agreement price. YCIPTA may withhold from amounts otherwise due the Contractor for such completed supplies such sum as the Transit Director determines to be necessary to protect YCIPTA against loss because of outstanding liens or claims of former lien holders.
If, after notice of termination of this Agreement 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 Procurement Agency.
The rights and remedies of YCIPTA provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 2.2.6 COMMUNICATIONS
Communications in connection with this Agreement shall be in writing and shall be delivered via e-mail; or by facsimile; or by regular, registered, or certified mail addressed to the YCIPTA Transit Director and the designated officer(s) or employee(s) of the Contractor designated to receive such communications. Telephone calls may be used to expedite communications but shall not be official communication unless confirmed in writing.
Communications shall be considered received at the time actually received by the addressee or designated agent.
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2.3 DELIVERY AND TITLE
2.3.1 DELIVERIES
2.3.1.1 BUS DELIVERY PROCEDURE Delivery of buses shall be determined by signed receipt of YCIPTA's designated agent(s) at the following point of delivery:
2715 East 14th Street Yuma, AZ 85365-1900
2.3.1.2 DELIVERY SCHEDULE Delivery shall be completed within agreed upon timelines of the executed Agreement documents.
2.3.1.3 PRE-DELIVERY TESTS AND INSPECTIONS The contractor shall ensure all quality control inspections are in-place and sufficient to ensure completion and delivery of the vehicles specified in Section 5 (Technical Specifications). The contractor shall ensure the vehicles are visually inspected, road tested and ready for revenue service prior to delivery.
2.3.1.4 ACCEPTANCE OF BUS Within 15 (fifteen) calendar days after arrival at the designated point of delivery, the bus shall undergo YCIPTA tests defined in Part 4: Quality Assurance Provisions. If the bus passes these tests or if YCIPTA does not notify Contractor of non-acceptance within 15 (fifteen) calendar days after delivery, acceptance of the bus by YCIPTA occurs on the fifteenth day after delivery. Acceptance may occur earlier if YCIPTA notifies the Contractor of early acceptance or places the bus in revenue service. If the bus fails these tests, it shall not be accepted.
2.3.2 REPAIRS AFTER NONACCEPTANCE
The Contractor or its designated representative shall perform the repairs after non- acceptance. If the Contractor fails or refuses to make the repairs within 5 (five) days, then the work may be done by YCIPTA's personnel with reimbursement by the Contractor.
2.3.2.1 REPAIRS BY CONTRACTOR After non-acceptance of the bus, the Contractor must begin work within 5 (five) working days after receiving notification from YCIPTA of failure of acceptance tests. YCIPTA shall make the bus available to complete repairs timely with the Contractor repair schedule.
The Contractor shall provide, at its own expense, all spare parts, tools, and space required to complete the repairs. At YCIPTA's option, the Contractor may be required to remove the bus from YCIPTA's property while repairs are being affected. If the bus is removed from YCIPTA's property, repair procedures must be diligently pursued by the Contractor's General Contractual Provisions 28 October 2013
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representatives, and the Contractor shall assume risk of loss while the bus is under its control.
2.3.3 UNAVOIDABLE DELAYS
2.3.3.1 CONTRACTOR'S DELAY If the Contractor is delayed at any time during the progress of the Work by the neglect or failure of YCIPTA or by a cause described below, then the time for completion and/or affected delivery date(s) shall be extended by YCIPTA subject to the following conditions:
1. 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;
2. The Contractor demonstrates that the completion of the Work and/or affected delivery(s) will be actually and necessarily delayed;
3. The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay; and
4. The Contractor makes written request and provides other information to YCIPTA as described in "Notification of Contractor Delay" (Section 2.3.3.2 below).
A delay meeting all the conditions of this section shall be deemed an excusable delay. Any concurrent delay which does not constitute an excusable delay shall not be the sole basis for denying a request hereunder.
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" (Section 2.3.4) for delays occurring prior to, or subsequent to the occurrence of an excusable delay.
YCIPTA reserves the right to rescind or shorten any extension previously granted, if subsequently YCIPTA 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, YCIPTA will 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.
2.3.3.2 NOTIFICATION OF CONTRACTOR DELAY Notwithstanding "Contractor's Delay" (Section 2.3.3.1), no extension or adjustment of time shall be granted unless (1) written notice of the delay is filed with YCIPTA within 14 (fourteen) 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
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effect on the performance of the Contractor under the Agreement, and the portion or portions of the Work affected, is filed by the Contractor with YCIPTA within 30 (thirty) 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 Agreement. YCIPTA shall make its determination within 30 (thirty) calendar days after receipt of the application.
2.3.4 LIQUIDATED DAMAGES
It is mutually understood and agreed by and between the parties to the Agreement 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 complete the Work within the time specified in the agreement, except for any excusable delays as provided in ""Unavoidable Delays" (Section 2.3.3), or any extension thereof, YCIPTA will 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 YCIPTA shall be fixed at $100 per calendar day per bus not delivered by the agreed upon date.
The Contractor hereby agrees to pay the aforestated amounts as fixed, agreed and liquidated damages, and not by way of penalty, to YCIPTA and further authorizes YCIPTA to deduct the amount of the damages from money due the Contractor under the Agreement, computed as aforesaid. If the monies due the Contractor are insufficient or no monies are due the Contractor, the Contractor shall pay YCIPTA the difference or the entire amount, whichever may be the case, within 30 (thirty) calendar days after receipt of a written demand by the Transit Director.
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 YCIPTA arising at any time from the failure of the Contractor to fulfill the obligations referenced in this clause in a timely manner.
YCIPTA specifically reserves the right, without limitation of any other rights, to terminate the Agreement in accordance with "Termination of Agreement" (Section 2.2.6).
2.4 PAYMENT
YCIPTA shall pay and the Contractor shall accept the amounts set forth in the price schedule as full compensation for all costs and expenses of completing the Work in accordance with the Agreement, including but not limited to all labor and material required, overhead, expenses, storage and shipping, risks and obligations, taxes (as applicable), fees and profit, and any unforeseen costs.
All payments shall be made as provided herein, less a withholding of ten percent (10%) plus any additional moneys withheld as provided below and less any amounts for liquidated damages in accordance with "Liquidated Damages" (Section 2.3.4).
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YCIPTA shall make a final payment for all withholding within 30 (thirty) calendar days of receipt of a final proper invoice and the following:
1. Delivery and acceptance of all Agreement deliverables, including manuals and other documentation required by the Agreement, excluding training. 2. Rectification of any deficiencies found during the acceptance of buses. 3. Contractor provision of any certifications as required by law and/or regulations. 4. Completion of post-delivery audits required under the Agreement.
2.5 RISK
2.5.1 INSURANCE
Contractor shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or in conjunction with, the performance of the work hereunder by the Contractor, its agents, representatives or employees.
2.5.1.1 MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability Coverage (occurrence Form CG0001). Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Workers’ Compensation insurance as required by the State of Arizona (A.R.S. § 23- 901, et. seq.) and Employer’s Liability Insurance. Errors and Omissions Liability insurance appropriate to the Contractor’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.
2.5.1.2 MINIMUM LIMITS OF INSURANCE Contractor shall maintain limits of no less than: General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability $1,000,000 per accident for bodily injury and property damage. Employer’s Liability $1,000,000 per accident for bodily injury or disease. Errors and Omissions Liability $1,000,000 per occurrence.
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2.5.1.3 DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by YCIPTA, and either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it pertains to YCIPTA, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to YCIPTA guaranteeing payment of losses and related investigations, claim administration and defense expenses.
2.5.1.4 OTHER INSURANCE PROVISIONS
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. YCIPTA, its officers, officials, employees and volunteers are to be covered as insureds with respect to: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. 2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance with respect to YCIPTA, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by YCIPTA, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, unless thirty (30) days’ prior written notice has been given to YCIPTA by certified mail, return receipt requested. 4. Coverage shall not extend to any indemnity coverage for the negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Arizona law.
2.5.1.5 ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to YCIPTA.
2.5.1.6 VERIFICATION OF COVERAGE Contractor shall furnish YCIPTA with the original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by YCIPTA, however, other forms may be acceptable so long as those endorsements conform to YCIPTA requirements. All certificates and endorsements are to be received and approved by YCIPTA before work commences. YCIPTA reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications, be submitted at any time.
2.5.1.7 INDEMNIFICATION The Contractor shall, to the extent permitted by law (1) protect, indemnify and save YCIPTA 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 YCIPTA and its officers, employees and agents, including consultants, in the defense, settlement or satisfaction thereof, for any
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injury, death, loss or damage to persons or property of any kind whatsoever, arising out of, or resulting from, the negligent acts, errors or omissions of the Contractor, including 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 YCIPTA 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 any 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. YCIPTA shall not make any admission which 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. YCIPTA 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. YCIPTA shall have the right to be represented therein by advisory council of its own selection at its own expense.
2.5.1.8 MATERIALS/ACCESSORIES RESPONSIBILITY 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 supplier. This provision excludes tires, radios, and any equipment leased or supplied by YCIPTA, 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. Risk of damage to or loss of the buses is the subject of "Assumption of Risk of Loss" (Section 2.3.1.4).
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3 QUALITY ASSURANCE PROVISIONS
Quality Assurance Provisions 35 October 2013
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QUALITY ASSURANCE PROVISIONS TABLE OF CONTENTS
3 QUALITY ASSURANCE PROVISIONS...... 35 3.1.1 QUALITY ASSURANCE REQUIREMENTS...... 37 3.1.2 INSPECTIONS ...... 37 3.2 ACCEPTANCE TESTS ...... 37 3.2.1 RESPONSIBILITY...... 37 3.2.2 PRE-DELIVERY TESTS ...... 37 3.2.2.1 INSPECTION - VISUAL AND MEASURED ...... 37 3.2.2.2 TOTAL BUS OPERATION ...... 37 3.2.3 POST-DELIVERY TESTS ...... 37 3.2.3.1 VISUAL INSPECTION ...... 38 3.2.3.2 BUS OPERATION ...... 38 3.2.3.3 GUIDE FOR INSPECTION ...... 38
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3.1.1 QUALITY ASSURANCE REQUIREMENTS
The Contractor, the Contractor's manufacturing plant and organization shall be organized and capable of performing the services required. 3.1.2 INSPECTIONS
YCIPTA is not required to send a resident inspector to the manufacturing site; however, it may choose to do so at its own discretion. 3.2 ACCEPTANCE TESTS
3.2.1 RESPONSIBILITY
Fully-documented tests shall be conducted on each bus following rehabilitation to determine its acceptance to YCIPTA. These acceptance tests shall include pre-delivery inspections and testing by the Contractor and inspections and testing by YCIPTA after the buses have been delivered.
3.2.2 PRE-DELIVERY TESTS
The Contractor shall conduct acceptance tests at its plant on each bus following completion of manufacture and before delivery to YCIPTA. These pre-delivery tests shall include visual and measured inspections, as well as testing the total bus operation.
3.2.2.1 INSPECTION - VISUAL AND MEASURED Visual and measured inspections shall be conducted with the bus in a static condition. The purpose of the inspection testing is to verify that required components are included and are ready for operation, and to verify that components and subsystems that are designed to operate with the bus in a static condition do function as designed.
3.2.2.2 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 15 (fifteen) miles during the road tests. 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. Results shall be pass/fail for these bus operation tests.
3.2.3 POST-DELIVERY TESTS
YCIPTA may conduct acceptance tests on each delivered bus. These tests shall be completed within 15 (fifteen) days after bus delivery and shall be conducted in accordance with written test plans. The purpose of these tests is to identify Defects that have become Quality Assurance Provisions 37 October 2013
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apparent between the time of bus release and delivery to YCIPTA. The post-delivery tests shall include visual inspection and bus operations. No post-delivery test shall apply criteria that are different from the criteria applied in an analogous pre-delivery test (if any). Buses that fail to pass the post-delivery tests are subject to non-acceptance. YCIPTA shall record details of all Defects on the appropriate test forms and shall notify the Contractor of acceptance, conditional acceptance, or non-acceptance of each bus within five days according to "Acceptance of Bus" after completion of the tests.
3.2.3.1 VISUAL INSPECTION The post-delivery inspection is similar to the inspection at the Contractor's plant and shall be conducted with the bus in a static condition. Any visual delivery damage shall be identified and recorded during the visual inspection of each bus.
3.2.3.2 BUS OPERATION Road tests will be used for total bus operation similar to those conducted at the Contractor's plant. Operational deficiencies of each bus shall be identified and recorded.
3.2.3.3 GUIDE FOR INSPECTION The “actual” acceptance inspection will be a basic visual/performance review, which will be supplemented by requirements learned through the effort of reviewing the first article, and the manufacturers recommended inspection guidelines. The basic inspection will consist of at least the following elements: Visual safety inspection Check/fill fluids Check for leaks, plumbing routing/clamps Critical fastener torque Driving test, performance, shifting, steering Exterior water leak test Brake deceleration, retarder activation
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4 WARRANTY PROVISIONS
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WARRANTY PROVISIONS TABLE OF CONTENTS
4 WARRANTY PROVISIONS ...... 39 4.1.1 BASIC PROVISIONS ...... 41 4.1.2 WARRANTY REQUIREMENTS...... 41 4.1.2.1 CONTRACTOR WARRANTY ...... 41 4.1.2.2 PROPULSION SYSTEM ...... 41 4.1.2.3 REBUILT COMPONENTS ...... 41 4.1.2.4 NEW COMPONENTS ...... 41 4.1.2.5 PAINT ...... 41
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BASIC PROVISIONS 4.1.1 WARRANTY REQUIREMENTS
4.1.1.1 CONTRACTOR WARRANTY Warranties in this document are in addition to any statutory remedies or warranties imposed on the Contractor. Consistent with this requirement, the Contractor warrants and guarantees to the original YCIPTA each complete bus, and specific subsystems and components as follows. YCIPTA requires a minimum One (1) year unconditional or manufacturer standard warranty on parts & labor (whichever is greater) on all other aspects of this rehabilitation. All warranty claims will be directed back to the successful bidder/contractor. If the contractor fails to make repairs within 48 hours after notification by YCIPTA, YCIPTA shall have the right to make those required repairs and invoice the contractor for any material used. YCIPTA cost plus and a 25% parts mark up. Labor will be charged back to Contractor at a rate of $65.00 per man-hour. Contractor shall supply all warranty documentation in a separate binder for each vehicle.
4.1.1.2 PROPULSION SYSTEM Propulsion system components, specifically the Engine and Transmission, shall be warranted to be free from defects for one year or 50,000 miles, whichever comes first.
4.1.1.3 REBUILT COMPONENTS Components rebuilt by the Contractor warrants these components to be free from Defects for one year, from the date the vehicle is accepted by YCIPTA.
4.1.1.4 NEW COMPONENTS Any components replaced shall maintain the component manufacturers’ warranty.
4.1.1.5 PAINT Contractor warrants that paint shall not have any runs or orange peel effect. Pant shall be free from Defects when delivered. YCIPTA requires a minimum Five (5) year warranty on the interior paint from peeling, fading and workmanship.
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5 TECHNICAL SPECIFICATIONS
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TECHNICAL SPECIFICATIONS TABLE OF CONTENTS
5 TECHNICAL SPECIFICATIONS ...... 42 5.1 GENERAL ...... 44 5.1.1 SCOPE ...... 44 5.1.2 LEGAL REQUIREMENTS ...... 44 5.1.3 OVERALL REQUIREMENTS...... 44 5.1.3.1 STRUCTURAL ...... 44 5.1.3.2 MECHANICAL ...... 44 5.1.3.3 EXTERIOR BODY ...... 46 5.1.3.4 ELECTRICAL ...... 48 5.1.3.5 POWER MODULE ...... 48 5.1.3.6 HVAC SYSTEM ...... 49 5.1.3.7 DELIVERY ...... 50 5.1.3.8 VENDOR RESPONSIBILITY ...... 50 5.1.3.9 ACCEPTANCE OF EQUIPMENT ...... 50 5.1.3.10 POST-DELIVERY TESTS ...... 50
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5.1 GENERAL
5.1.1 SCOPE
YCIPTA is currently seeking bids for the rehabilitation of three low floor New Flyer D40LF buses. The Contractor is to provide all materials, labor, and equipment necessary for this project. Contractor shall pick-up and delivery each bus. The vehicles will be rehabilitation one at a time to ensure the daily service requirements for YCIPTA are not affected.
5.1.2 LEGAL REQUIREMENTS
The Contractor shall comply with all applicable Federal, state and local regulations. Local regulations are defined as those below the state level. These shall include, but not be limited to, Federal Americans with Disabilities Act (ADA) as well as state and local accessibility, safety and security requirements. California Air Resources Board (CARB) requirements are to be met by the Contractor.
In the event of any conflict between the requirements of this Specification and any applicable legal requirement, the legal requirement shall prevail.
5.1.3 OVERALL REQUIREMENTS
5.1.3.1 STRUCTURAL
5.1.3.1.1 Underbody The Contractor shall steam clean the undercarriage in preparation for inspection and remanufacturing. Areas shall include all structural members, bulkheads, supports and suspension beams. Contractor shall also steam clean all compartments, including battery compartment, steering box compartment, ramp compartment, and other areas where buildup of grease and road debris are present.
5.1.3.2 MECHANICAL
5.1.3.2.1 GENERAL INTERIOR
1. All advertising signs and decals to be removed 2. The interior driver area shall be repaired and painted in its original color. To include the dash, head-sign door and panels above front door and driver areas. 3. Driver modesty panel behind driver’s seat, radio and camera equipment storage box shall be repaired and painted existing colors. 4. Repair and Powder coat the entrance and exit door handles safety yellow. 5. Repair and paint the inside of entrance and rear doors existing color. 6. Repair and paint each wheel-well covers and storage box existing colors. 7. Repair, prep and paint the ceiling panels.
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8. Repair and paint over and under light panels existing color. 9. All interior sidewall panels (between & under windows) shall be repaired, prepped and painted to match. 10. Rear modesty panel at rear step shall be repaired and painted with existing color.
5.1.3.2.2 INTERIOR REPLACEMENTS 1. Interior lighting must be replaced with Dialight Brand or New Flyer LED lamps, or approved equal, using all original engine manufacturer (OEM) style connectors and fasteners. To include entry and exit 2. Replace all Transmatic plastic lighting lenses with new. Clean all lighting areas including lens. 3. Provide and install radio and camera box street side front wheel well and route bus wires and cables into storage box 4. Replace all seat inserts backs and bottoms. YCIPTA to provide fabric color and design at the time of award. 5. Replace the rear settee carpet with new. 6. Repair and paint the rear HVAC grill. Replace HVAC filter with new. 7. Farebox pedestal area is to be stripped and cleaned. “Rhino Guard” type protection to be applied to Farebox pedestal. 8. Under side of wheel chair ramp and opposing bus floor is to be stripped and cleaned. “Rhino Guard” type protection to be applied to this area. 9. Wheelchair ramp sides to be painted safety yellow inside and out.
5.1.3.2.3 INTERIOR BODY TRIM 1. All interior trim shall be repaired or replaced as necessary and the interior shall be repainted. The entire interior of the bus must be cleaned of graffiti and stains. Particular attention shall be made to minimize rattles and interior noise. 2. All interior access panels and doors are to be secured and latched to OEM Standards. All gauges shall be replaced if necessary and returned to fully operational condition. All electric switches located in the driver’s surround area shall be replaced if needed. All switch identification plates shall be replaced with new. 3. The Contractor shall thoroughly clean the interior of the bus. All debris shall be removed. All gum, marks, etc shall be removed from the floor. 4. Floor shall be cleaned; stripped and waxed with a non-skid wax the vendor shall NOT use Armorall. All wheelchair restraint belts must be secured away from floor while cleaning/waxing floor. 5. The driver area flooring shall be cleaned and waxed. 6. All windows shall be cleaned inside and outside and between the window liners.
5.1.3.2.4 Seats Install new driver’s seat with mechanical lumbar support. Make, and Model shall be of the same Make, and Model currently used (or approved equal).
5.1.3.2.5 Instruments and Driver’s Area All controls, ducts, and sockets, lighting panels, molding panels, etc., shall be inspected and returned to original configuration and specification.
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5.1.3.2.6 Interior Lighting 1. Interior lamps are to be replaced with LED interior lighting. 2. Test, repair and replace as necessary all bell touch tapes. 3. Inspect all ceiling panels and replace as required.
5.1.3.2.7 Passenger Seating 1. Repair and refinish seats. New seat bottom and back inserts shall be installed. 2. All broken panels and seat frames shall be repaired as necessary. 3. All seats, frames, and grab rails, etc., shall be inspected and returned to original configuration and specification.
5.1.3.2.8 ADA Ramps Wheelchair ramps are to be inspected and repaired to OEM specifications as needed. All ADA equipment shall be inspected and repaired as needed.
5.1.3.3 EXTERIOR BODY
5.1.3.3.1 General
1. All aluminum wheels must be cleaned and polished. Bus tires must be reinstalled and balanced on same bus, in the same position that they were removed. 2. Inspect all (4) wheel-well rubber wheel-well flare. Functionally damage flares that require replacement shall be replaced. 3. All exterior lighting shall be replaced with Dialight Brand LED, New Flyer OEM, or approved equal, LED style lights using all OEM style connectors and fasteners. Metal guards shall be removed and discarded from side turn signal lamps. 4. Exterior mirrors, (right and left) to be inspected and repaired. Mirror heads are to be prepped and painted black. 5. Inspect and repair entrance and exit door function. Door motors will adjusted and repaired as needed. 6. Steam clean engine compartment, undercarriage, fuel tank filler area, wheel wells and battery compartment to a like-new condition.
5.1.3.3.2 Paint Bus # 138 Exterior shall be wrapped to match YCIPTA scheme. You may not deviate from this requirement. The remaining two vehicles have already been completed. The following process is a recommended process only and is to be considered a minimum requirement. The Contractor is required to submit with his proposal, any deviations he may take exception to and explain why he is taking exception to the scope of work.
1. Remove all body side moldings, exterior lights, advertising signs, and license plates. 2. Remove all logos, reflectors, decals and sand the entire bus surface with 220-grit sandpaper. Any areas of peeling paint will be sanded to a feathered edge. All chips and scratches are to be sanded smooth with no abrupt edges.
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3. Primer shall be applied as necessary in areas where bare metal is shown, using DuPont self-etching primer over bare metal. Then use PCL two part primer as second coat over self-etching primer or approved equal. 4. The entire bus shall be painted with a (4mil) at least two (2) coats of DuPont lmron 5000 polyurethane paint, or approved equal. 5. The bumpers shall be refurbished and painted bumper black in color. 6. Areas where the Exterior Camera enclosures were mounted shall be painted. Camera wires and connectors are to be masked. 7. The exterior and interior passenger and driver’s window frames are to be prepped and painted black. 8. Repaint the exterior color(s) first, and then paint the roof numbers and install YCIPTA wrap: Bus Numbers are to be changed and the new numbers will be provided at the time of award of the contract. 4 (four) 36" black numbers painted on the roof of the bus. 4 (four) 5" black decal bus numbers on the right front corner of the bus. 4 (four) 5" black decal bus numbers on each side of the rear of the bus above the transmission and radiator doors. 4 (four) 5" black decal numbers on the left rear above the engine compartment. Replace CA/USDOT decals with new numbers, replace ADA, Ramp, Drain Valve, kneeling Bus, New Flyer Logo's and Arrow decals. 9. Replace all reflectors (4-front amber, 5-side amber & 4-rear red) with new. 10. Replace all body items removed. Remove any overspray as needed. Caulk as required. 11. The contractor shall provide all decals on the exterior of the bus.
5.1.3.3.3 Roof Panels All emergency escape hatch assemblies shall be adjusted and repaired or replaced as necessary. All roof panels and canines shall be repaired or replaced as necessary. All roof seams repaired to prevent leakage.
5.1.3.3.4 Access Doors Repair and straighten access doors. All cables, latches and locks must be inspected and returned to original operating condition. Electrical harnesses must be installed and secured in the proper manner to prevent fouling or chafing.
5.1.3.3.5 Windows and Mirrors All window seals, channels, rubber harnesses, and fillers are to be replaced with new. The street side and curbside mirror assemblies shall be replaced as needed.
5.1.3.3.6 Panels The front outside panels shall be repaired or replaced with new as necessary. Replace the turn signal lamp assemblies. Headlamp bezels and housings shall be replaced with new as necessary. Turn signals shall be replaced with new LED lamps. All market (clearance) lights shall be replaced new LED lamps. All front panel components; lamp assemblies, grilles and windshield wiper spacers shall be sealed to prevent water from entering the inside of the bus. A water test should be conducted as part of the final inspection of exterior work, a
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thorough water test must be conducted to assure that the body, windows and doors are free of water leakage.
5.1.3.4 ELECTRICAL 1. All secondary harnesses to be inspected and tested to ensure continued safe operation. 2. All exterior lights and lenses are to be replaced with new LED lamps. The headlamps are to be replaced and adjusted following the OEM recommendations. 3. All engine compartment plugs and connectors must be inspected. When reconnecting, a protective coating of an acid free silicone sealant shall be applied.
5.1.3.4.1 Miscellaneous Electric The battery compartment shall be remanufactured to OEM condition. The battery hold-down shall be replaced with a new hold-down. The 24 volt and 12 volt disconnect switches shall be replaced with new switch assemblies. All circuit breakers located within the battery compartment shall be replaced with new breakers. Cable ends replaced are needed.
5.1.3.4.2 Batteries 1. The batteries shall be replaced with new heavy duty long life batteries, complete with end terminals and lifting handles. 2. Batteries must be at the full rate of charge just before delivery of the bus. All grounds associated with the battery and charging system shall be disassembled, cleaned, repaired and reassembled. 3. The contractor shall replace all ground cables located in the battery box with new. 4. The insulation near terminals shall be increased with heat shrink tubing. The battery jumper cables shall be replaced with new 4/0 cable with 3/8” tinned and heat-shrunk lug on one end and Y2” tinned and heat-shrunk lug on other end. The end of the cables shall be color coded as follows; Red-Positive and black negative.
5.1.3.5 POWER MODULE
5.1.3.5.1 Detroit Diesel Engine Perform a rebuild of existing power module using OEM parts and procedures. Proposal shall identify all parts that will be replaced and all parts that will be rebuilt. 1. The S-50 engines are to be rebuilt to Detroit Diesel Series 50 reliabuilt specifications. An In-Frame rebuild is acceptable. 2. The air compressor shall be replaced with a rebuilt air compressor and the D-2 air governor is to be replaced with new. 3. The generator is to be replaced with a rebuilt Delco 50DN generator charging system. All components of the charging system are to be replaced as required. The volt voltage regulator is to be replaced with new. 50DN power cables to the 50DN are to be replaced, ground cable is to be replaced. 4. The starting motor is to be replaced with a rebuilt starter. Starter power cables to the starter are to be replaced, ground cable is to be replaced. 5. Engine motor mounts to be replaced with new. 6. All hoses and lines in the engine compartment are to be replaced with new. Hard copper lines are to be cleaned and inspected. Any bad sections will be repaired or replaced as needed.
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7. Engine oil and filters are to be replaced.
5.1.3.5.2 Air Intake System The air intake system shall be thoroughly cleaned. The air filter canister shall be removed, repaired as required, and painted. Install new air intake filter element. Molded hoses and clamps to be inspected and replaced on an as required basis.
5.1.3.5.3 Allison B400R Transmission The transmission valve body is to be rebuilt to Allison rebuild specifications. The oil cooler shall be rebuilt or replaced as needed. Only TranSynd heavy-duty automatic transmission fluid, as per manufacturer recommendations shall be used as transmission fluid.
5.1.3.5.4 Radiator The Radiator core is to be replaced with a new core and assembled with new gaskets. All silicone hoses are to be replaced with new and will be changed to stainless constant torque clamps. The Radiator is to be installed with new rubber shock washers and anti-squeak. Fiberglass shroud and baffle to be inspected and repaired as required.
5.1.3.5.5 Exhaust System The exhaust system is to be removed. Particulate trap and exhaust pipes, as well as, all clamps, insulation, grommets, support brackets, and muffler straps are to be cleaned and inspected. The particulate trap is to be baked and pulse cleaned.
5.1.3.5.6 Engine Compartment Engine compartment is to be thoroughly steam cleaned. Engine blanket to be repaired or replaced as required. All engine compartment switches, gauges, solenoids, terminal blocks and l connectors are to be inspected and replaced with new when necessary.
5.1.3.6 HVAC SYSTEM
5.1.3.6.1 General The climate control system will be completely reconditioned to OEM specifications. All heating and cooling system hoses shall be replaced with silicone type, with new constant torque stainless steel clamps. The temperature sending unit and low coolant probes shall be replaced with new. Coolant shall be installed protected to twenty degrees below zero (-20°) or lower. Replace with new, air and water filter screens in the heater system.
All blower motors, and water valves shall be rebuilt. The water booster pump shall be replaced. All grates, nozzles, grills, tubes, ducts, and linkages shall be repaired or replaced as necessary. Blower fans that are damaged or bent out of balance shall be repaired. The auxiliary over driver blower motors and fans shall be repaired as needed.
All air conditioning and heating controls shall be cleaned, including wires. Defective units shall be replaced with rebuilt as necessary, wiring replaced as needed. New air filter elements shall be installed. The heating and air conditioning system shall operate in accordance with OEM specifications. The heat and defrost system for the driver shall be rebuilt to OEM specifications.
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5.1.3.7 DELIVERY Proposals will provide for the pickup and delivery of the buses to YCIPTA’s Bus Maintenance Facility at 2715 East 14th Street, Yuma, Arizona, between the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. The drivers delivering the buses must be informed of these hours and that YCIPTA will neither accept nor tolerate after hour delivery. If the contractor is late with the delivery of the buses, YCIPTA MAY allow delivery on Saturday or Sunday, provided written notice of delivery is given forty-eight (48) hours prior to scheduled delivery time. The Contractor will assume all responsibility for buses after they have been delivered and inspected for damage. Unless otherwise specified in the Agreement documents, the contractor will notify YCIPTA of any forthcoming delivery at least forty-eight (48) hours prior to the time the shipment is scheduled to arrive at the location designed by YCIPTA.
All prospective bidders must understand the condition and expenses incurred by YCIPTA in the operation of its existing fleet.
5.1.3.8 VENDOR RESPONSIBILITY It is the intent of these specifications to provide equipment and assembly of first quality, and the workmanship must be the best obtainable in the various trades. The equipment and assembly, which the vendor proposes to furnish, must be of substantial and durable construction in all respects. No advantage will be taken by the bidder or manufacturer in the omission of any part or detail, which goes to make the product complete and ready for use. All manner of workmanship and material used in the production of the product and not herein contained or specified shall be of the manufacturer’s standard and shall conform in material, design and workmanship to the best practices known in the industry.
The bidder will assume responsibility for all equipment and assembly used in the proposal item. It is the sole responsibility of the bidder to read the specifications and understand them.
5.1.3.9 ACCEPTANCE OF EQUIPMENT If the equipment and assembly are not acceptable, YCIPTA will furnish a letter to the contractor detailing the deficiencies within fifteen (15) days after the delivery of the bus. Placement of buses in revenue service will constitute automatic acceptance of YCIPTA. Acceptance of delivery of the equipment and assembly will not release the Contractor from liability for faulty workmanship or materials appearing even after final payment have been made.
5.1.3.10 POST-DELIVERY TESTS YCIPTA will conduct acceptance tests on each delivered bus. These tests will be completed within 15 days after bus delivery and will be conducted in accordance with written test plans. The purpose of these tests is to identify defects that have become apparent between the time of bus release and delivery to YCIPTA. The post-delivery tests will include visual inspection and bus operations. Buses that fail to pass the post-delivery test are subject to non-acceptance. YCIPTA will record details of all defects on the appropriate test forms and will notify the contractor of non-acceptance of each bus within five days after completion of the tests.
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6 Federal Requirements
CONTRACTOR warrants and covenants that it shall fully and completely comply with all applicable Federal, State and local laws and ordinances, and all lawful orders, rules and regulations issued by YCIPTA with jurisdiction in all aspects of its performance of this Agreement.
This Agreement is subject to a financial assistance contract between YCIPTA and the United States of America (hereinafter “Federal Government”), acting through the Department of Transportation (hereinafter “U.S. DOT”), and Federal Transit Administration (hereinafter “FTA”). 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 procedures and directives including without limitation those listed directly or by reference in the FTA Master Agreement between YCIPTA and FTA, as amended, and are incorporated herein by this reference. The OFFERORS shall comply with these FTA requirements and as they may be amended or promulgated from time to time during the term of this Agreement. The OFFERORS shall not perform any act, fail to perform any act, or refuse to comply with any YCIPTA directives, which would cause YCIPTA to be in violation of the FTA terms and conditions. OFFERORS failure to comply with these FTA requirements and YCIPTA directives shall constitute a material breach of this Agreement. A) FLY AMERICA - (Transportation of persons or property by air) 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 subrecipients 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. b) CHARTER BUS REQUIREMENTS - The CONTRACTOR agrees to comply with 49 USC 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. c) SCHOOL BUS REQUIREMENTS. Pursuant to 69 USC 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage
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in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. d) CARGO PREFERENCE (USE OF U. S. FLAG VESSEL) - The CONTRACTOR agrees: (a) to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; (b) to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of 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 YCIPTA (through the CONTRACTOR in the case of a subContractor's bill-of-lading.) (c) to include these requirements in all subcontracts issued pursuant to this Agreement when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel.
e) ENERGY CONSERVATION - The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
f) CLEAN WATER. (1) The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. The CONTRACTOR agrees to report each violation to YCIPTA and understands and agrees that YCIPTA will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.
(2) The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.
g) CLEAN AIR (1) The CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §§ 7401 et seq. The CONTRACTOR agrees to report each violation to YCIPTA and understands and agrees that YCIPTA will, 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 $100,000 financed in whole or in part with Federal assistance provided by FTA. h) RECYCLED PRODUCTS - The CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 USC 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. i) LOBBYING (1) Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 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 YCIPTA. (2) The CONTRACTOR also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. j) ACCESS TO RECORDS AND REPORTS. (1) Where YCIPTA is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 USC 5325(a) enters into a contract for a capital project or improvement (defined at 49 USC 5302(a) (1) through other than competitive bidding, the CONTRACTOR shall make available records related to the contract to YCIPTA, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. (2) 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. (3) The CONTRACTOR agrees to maintain all books, records, accounts and reports required under this Agreement for a period of not less than three years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case Contractor agrees to maintain same until YCIPTA, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i) (11).
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(4) FTA does not require the inclusion of these requirements in subcontracts k) FEDERAL CHANGES - 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 YCIPTA and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. Contractor's failure to so comply shall constitute a material breach of this Agreement. l) NO OBLIGATION BY THE FEDERAL GOVERNMENT (1) YCIPTA 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 Agreement and shall not be subject to any obligations or liabilities to YCIPTA, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The CONTRACTOR agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subContractor who will be subject to its provisions.
m) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED (1) The CONTRACTOR acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC §§ 3801 et seq and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR Part 31 apply to its actions pertaining to this Project. Upon execution of the underlying contract, the CONTRACTOR certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this Agreement 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.
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(3) The CONTRACTOR agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subContractor who will be subject to the provisions. n) GOVERNMENT-WIDE DEBARMENT AND SUSPENSION - This Agreement is a covered transaction for purposes of 49 CFR Part 29. As such, the CONTRACTOR is required to verify that none of the CONTRACTOR, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The CONTRACTOR is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by YCIPTA. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to YCIPTA, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. o) PRIVACY ACT - The following requirements apply to the CONTRACTOR and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The CONTRACTOR agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 552a. Among other things, the CONTRACTOR agrees to obtain the express consent of the Federal Government before the CONTRACTOR or its employees operate a system of records on behalf of the Federal Government. The CONTRACTOR understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The CONTRACTOR also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. p) CIVIL RIGHTS The following requirements apply to the underlying Agreement (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC § 12132, and Federal transit law at 49 USC §
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5332, the CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the CONTRACTOR agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract. (a) Race, Color, Creed, National Origin, Sex: In accordance with Title VII of the Civil Rights Act, as amended, 42 USC § 2000e, and Federal transit laws at 49 USC § 5332, the CONTRACTOR agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et seq (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 USC § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The CONTRACTOR agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue. (b) Age: In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC § 623 and Federal transit law at 49 USC § 5332, the CONTRACTOR agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue. (c) Disabilities: In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 USC § 12112, the CONTRACTOR agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to employment of persons with disabilities. In addition, the CONTRACTOR agrees to comply with any implementing requirements FTA may issue. (3) The CONTRACTOR also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. q) TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS (1) The CONTRACTOR agrees to comply with applicable transit employee protective requirements as follows:
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(a) General Transit Employee Protective Requirements: To the extent that FTA determines that transit operations are involved, the CONTRACTOR agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this Agreement and to meet the employee protective requirements of 49 USC A 5333(b), and U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to YCIPTA’s project from which Federal assistance is provided to support work on the underlying contract. The CONTRACTOR agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 USC § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 USC § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 USC: § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities: If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 USC § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 USC § 5333(b) are necessary or appropriate for the state and YCIPTA for which work is performed on the underlying contract, the CONTRACTOR agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 USC § 5333(b), U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The CONTRACTOR agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 USC: § 5311 in Nonurbanized Areas: If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 USC § 5311, the CONTRACTOR agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The CONTRACTOR also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. r) DISADVANTAGED BUSINESS ENTERPRISE (DBE) (1) Policy: It is YCIPTA’s policy and objective to promote and maintain a level playing field for DBE’s in YCIPTA and Federal-aid contracts. It is YCIPTA’s
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policy to ensure nondiscrimination in the award and administration of U.S. DOT assisted contracts based on the requirements of 49 CFR Parts 21 and 26. (2) DBE Obligation: The CONTRACTOR agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard all Contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. CONTRACTOR shall not discriminate on the basis of race, creed, color, national origin, age, or sex in the award of and performance of DOT assisted contracts. s) STATE AND LOCAL LAW DISCLAIMER - CONTRACTOR shall keep itself informed of, comply with, and shall cause all of its agents, employees, suppliers and subContractors of any tier to observe and comply with all applicable State and local laws, regulations, and policies, including, but not limited to, all applicable terms and conditions prescribed for third party contracts by the U. S. Department of Transportation (DOT) and the Federal Transit Administration (FTA). It is the Contractor’s responsibility to know and to comply with all state laws and regulations and local ordinances relating to public works projects which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work. If Contractor discovers any discrepancy or inconsistency between the plans, drawings, specifications, or contract for the work and any law, ordinance, regulation, order or decree; the CONTRACTOR shall immediately provide written notice to YCIPTA. t) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, dated June 19, 2003, as amended, 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 YCIPTA requests, which would cause YCIPTA to be in violation of the FTA terms and conditions. u) DRUG AND ALCOHOL TESTING - The CONTRACTOR agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of Arizona, or YCIPTA to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and
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review the testing process. The CONTRACTOR agrees further to certify annually its compliance with Parts 653 and 654 before February 15th of each year and to submit the Management Information System (MIS) reports before February 15th to YCIPTA’s Transit Director. To certify compliance the CONTRACTOR shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.
v) EQUAL EMPLOYMENT OPPORTUNITY/BASIC REQUIREMENTS - In connection with the execution of this Agreement, the CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. The CONTRACTOR shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, or national origin. 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. Contractor further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
w) LABOR PROVISIONS (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 eight hours in any calendar day or in excess of forty hours in such work week unless such laborer or mechanic receives compensation at rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such work week, whichever is greater.
(2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5, 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 (in the case of work done under contract for the District of Columbia or a territory, to such district or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5 in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard of work week of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (b) (1) of 29 CFR Section 5.5.
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(3) Withholding for Unpaid Wages and Liquidated Damages. DOT or YCIPTA 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 of subContractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (b) (2) of 29 CFR Section 5.5.
(4) Nonconstruction Grants. The CONTRACTOR or subContractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, YCIPTA shall require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the CONTRACTOR or subContractor for inspection, copying, or transcription by authorized representatives of DOT and the Department of Labor, and the CONTRACTOR or subContractor will permit representatives to interview employees during working hours on the job.
(5) Subcontracts. The CONTRACTOR or subContractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (5) of this paragraph and also a clause requiring 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 subparagraph (1) through (5) of this paragraph.
x) CONFLICT OF INTEREST - No employee, officer, or agent of YCIPTA shall participate in selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, any member of his immediate family, an organization which employs, or is about to employ, has a financial or other interest in the firm selected for award.
YCIPTA's officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, potential Contractors, or parties of subagreements.
y) BREACHES AND DISPUTE RESOLUTION - All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where Contractors
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violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures.
Disputes arising in the performance of this Agreement which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of YCIPTA. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the CONTRACTOR mails or otherwise furnishes a written appeal to the YCIPTA Manager. 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 YCIPTA Transit Director shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide be the decision.
Unless otherwise directed by YCIPTA, CONTRACTOR shall continue performance under this Agreement while matters in dispute are being resolved.
CLAIMS FOR DAMAGES - Should either party to the Agreement suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.
REMEDIES - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between YCIPTA and the CONTRACTOR arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which YCIPTA is located.
RIGHTS AND REMEDIES - The duties and obligations imposed by YCIPTA 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 YCIPTA, or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the Agreement, 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.
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NON-COLLUSION AFFIDAVIT FOR CONTRACTOR
STATE OF ARIZONA
COUNTY OF YUMA
______declares and says:
1. That he/she is the (owner, partner, representative, or agent) of ______, hereinafter referred to as (Contractor) or (subContractor).
2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in Yuma County, State of Arizona.
3. That his/her proposal is genuine, and is not collusive or a sham proposal.
4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other CONTRACTOR, firm, or person to submit a collusive or sham proposal in connection with such contract, or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other CONTRACTOR, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful agreement any advantage against YCIPTA, or any person interested in the proposed contract; and,
5. That the price or prices quoted in the proposal are fair and proper, and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the CONTRACTOR, or any of its agents, owners, representatives, employees, or parties in interest, including this affiliate.
I certify (or declare) under penalty of perjury, that the foregoing is true and correct.
Dated this ______day of ______, 20___, at______, Arizona.
Signed: ______
Title: ______
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CERTIFICATION OF ELIGIBILITY (LABOR STANDARDS)
The ______(Name of CONTRACTOR) hereby certifies that it is not included on the United States Comptroller General's Consolidated List of Persons or Firms currently Debarred for Violations of Various Public Agreements Incorporating Labor Standard Provisions.
Signed: ______
Title: ______
Date: ______
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CERTIFICATION OF PRIMARY PARTICIPANT REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS
The Primary Participant ______(Name of CONTRACTOR) certified to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not, within a three year period preceding this proposal, been convicted, 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 of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false Statements, or receiving stolen property; c. 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 (b) of this certification; and d. Have not within a three-year period preceding this proposal had one or more public transactions (Federal, State or local) terminated for default.
If the primary participant is unable to certify to any of the Statements in this certification, the participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT, ______(Name of CONTRACTOR) 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 31 USC SECTIONS 3801 ET SEQUA ARE APPLICABLE THERETO.
Signature of Authorized Official: ______Title:______
The undersigned chief legal counsel (or corporate secretary) for the ______hereby certifies that the______has authority under State and local law to comply with the subject assurances and that the certification above has been legally made.
Signature of Attorney/Secretary:
______Date:______
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CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, ______, hereby certify on behalf of ______, that: a. No Federal appropriated funds have been paid or will be paid, by on or behalf of the undersigned, to any person for influencing, or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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 instructions. c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, loans, and cooperative agreements) which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made, or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, USC. 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.
Executed this ______day of ______, of 20____
Signature of Authorized Official: ______
Title of Authorized Official: ______
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CERTIFICATION DISADVANTAGED BUSINESS ENTERPRISE PROGRAM/ EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR: ______
1. CONTRACTOR overall DBE participation rate: ______
2. Names/Locations of DBEs contacted by CONTRACTOR: ______
3. Names/Locations of DBEs selected by CONTRACTOR: ______
4. CONTRACTOR work force breakdown by race and gender:
TOTAL EMPLOYEES (as of ______): ______
JOB CATEGORIES EMPLOYEES Male Female Wht Blk Hsp Asn Nat Wht Blk Hsp Asn Nat Officials & Managers: Professional: Technical: Sales: Office/Clerical: Craftsmen: Laborers: Service:
Note: The above DBE/EEO Affidavit is part of CONTRACTOR Proposal. Signing this Proposal, on the signature portion thereof, shall also constitute signature of this DBE/EEO Affidavit.
By: ______Title: ______Date:______
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Insurance Requirements Certification
Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from, or in conjunction with, the performance of the work hereunder by the Contractor, its agents, representatives or employees.
Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability Coverage (occurrence Form CG0001). Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Workers’ Compensation insurance as required by the State of Arizona (A.R.S. § 23- 901, et. seq.) and Employer’s Liability Insurance. Errors and Omissions Liability insurance appropriate to the Contractor’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability. Minimum Limits of Insurance Contractor shall maintain limits of no less than: General Liability $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability $1,000,000 per accident for bodily injury and property damage. Employer’s Liability $1,000,000 per accident for bodily injury or disease. Errors and Omissions Liability $1,000,000 per occurrence. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by YCIPTA, and either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it pertains to YCIPTA, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to YCIPTA guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 5. YCIPTA, its officers, officials, employees and volunteers are to be covered as insureds with respect to: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.
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6. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance with respect to YCIPTA, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by YCIPTA, its officers, officials, employees or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. 7. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, unless thirty (30) days’ prior written notice has been given to YCIPTA by certified mail, return receipt requested. 8. Coverage shall not extend to any indemnity coverage for the negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Arizona law. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to YCIPTA.
Verification of Coverage Contractor shall furnish YCIPTA with the original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by YCIPTA, however, other forms may be acceptable so long as those endorsements conform to YCIPTA requirements. All certificates and endorsements are to be received and approved by YCIPTA before work commences. YCIPTA reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications, be submitted at any time.
Indemnification Contractor shall indemnify and hold harmless YCIPTA and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subContractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of YCIPTA.
I hereby certify that I have received, reviewed, and agree to abide by the insurance requirements herein.
Date: Contractor:
By: Signature
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New Flyer Audit Report Yuma County Area Transit
Public Transportation Authority Public Transportation New Flyer Audit Report New Flyer Audit February 2013 1 Prepared for Yuma County for Prepared Intergovernmental
This report incorporates the findings of Solutions for Transit’s New Flyer Audit of the vehicles received from Long Beach Transit, performed on February 21 and 22, 2013.
Solutions for Transit 2715 W. Kettleman Lane Suite #203-163 Lodi, CA 95242 209.487.0249 – office 209.993.2332 – cell [email protected] – email
Website: www.SolutionsforTransit.com February 26, 2013
Solutions for Transit – Making a difference for YCIPTA New Flyer Audit Report Yuma County Area Transit
Table of Contents
Contents Executive Summary ...... 3 Defects Noted During the Inspection ...... 3 Safety-Related Defects ...... 3 Conclusion and Recommendations...... 3 Inspection Parameters ...... 5 Vehicles Inspected ...... 5 Review of Records ...... 5 9610 ...... 5 9709 ...... 5 9710 ...... 6 2 Conclusion and Recommendations ...... 6 Immediately ...... 6 As Soon as Possible ...... 8 During Rehabilitation ...... 8 First Transit Inspections ...... 9 Recommendations ...... 9
Appendices
Appendix A – Inspection Sheets
Appendix B – Thumbnails of Photos Taken During Inspection
Solutions for Transit – Making a difference for YCIPTA New Flyer Audit Report Yuma County Area Transit
Executive Summary Yuma County Intergovernmental Public Transportation Authority (YCIPTA) contracted with Solutions for Transit to perform a maintenance audit on the three (3) New Flyer vehicles received from Long Beach Transit.
Defects Noted During the Inspection Each of the vehicles inspected had similar defects. The ceiling panels are loose, the undercarriages need to be steam cleaned, they each have air leaks, the bike racks have been removed, and the destination signs have been removed.
Safety-Related Defects There were no safety related defects found during our inspections.
Conclusion and Recommendations Based on our inspections of these vehicles, we have made recommendations in three stages: immediately, as soon as possible, and during rehab. 3
Immediately
Repair the defects listed on our inspections Steam clean the engine/transmission and undercarriages Complete a Preventative Maintenance Inspection based on OEM recommendations Install the destination signs Install the bike rack Clean up the wiring from the old radios behind the driver’s seat Detail the bus
As Soon as Possible (within the next 9 months)
Remove the particulate filters and check for cracking and excessive contamination Install Cents-A-Bill fareboxes Purchase the Twin Vision software to perform your own modifications to the route structure Purchase a bus wrap vinyl covering displaying YCAT’s paint scheme
Solutions for Transit – Making a difference for YCIPTA New Flyer Audit Report Yuma County Area Transit
During Rehab
Replace the A/C duct panels and lighting panels with LED panels. This will modernize the bus at a low cost. Rebuild the Detroit Diesel engines Rebuild the Allison B400R transmission valve bodies Repair all of the body damage and repaint the bus
4
Solutions for Transit – Making a difference for YCIPTA New Flyer Audit Report Yuma County Area Transit
Inspection Parameters Solutions for Transit inspected three (3) vehicles and the associated records as a part of this New Flyer Maintenance Audit. Each vehicle was physically inspected on Vehicles Inspected over 150 points The following vehicles were inspected on February 21 and 22, 2013:
Fixed Route Vehicles
Vehicle Mile as of Number Make Model Year Fuel Length 2/22/13 9610 New Flyer D40LF 1996 Diesel 40' 537021 9709 New Flyer D40LF 1996 Diesel 40' 545423 9710 New Flyer D40LF 1996 Diesel 40' 593569
Each vehicle was physically inspected on over 150 points. The inspection sheets include items recommended by the manufacturers, Federal Motor Vehicle requirements, as well as items that Solutions for 5 Transit has determined to be critical in maintaining vehicles to the highest standards. The inspection sheets for each vehicle inspected are included in Appendix A.
Review of Records Long Beach Transit provided a small amount of records for each of the vehicles inspected. Solutions for Transit reviewed each of the records and noted the following information as significant.
9610 2/29/2012 Particulate Trap Inspection, cleaning 3/9/2012 Replace Generator/Alternator 12/4/2012 Annual Fire Suppression Inspection
9709 3/13/2012 Replace Generator/Alternator 6/7/2012 24k Mile inspection – replaced transmission fluid, differential oil, air dryer, power steering oil, and engine oil 6/8/2012 Rear Reline
Solutions for Transit – Making a difference for YCIPTA New Flyer Audit Report Yuma County Area Transit
6/12/2012 Particulate Trap Inspection, cleaning 8/26/2012 Replaced batteries 11/3/2012 Annual Fire Suppression Inspection 11/7/2012 Air Conditioning recharge 12/3/2012 Rear Reline
9710 1/23/2012 Rear Reline 4/12/2012 Tune up 4/12/2012 48k Mile Inspection - replaced transmission fluid, differential oil, air dryer, power steering oil, wheel chair, and engine oil 7/12/2012 Air Conditioning Inspection 8/10/2012 Particulate Trap Inspection, cleaning 8/17/2012 Replaced upper and lower radius rods 12/11/2012 Replaced Batteries 6 Recommendations are broken down into three Conclusion and Recommendations stages of repair… Solutions for Transit has, as requested, broken down our recommendations into three stages of repairs. These are :
Immediately – These items need to be completed prior the vehicle being placed into revenue service As soon as possible – These items need to be completed prior to the end of this calendar year During Rehab – These items should be included in your RFP for rehabilitation of these vehicles
Immediately 9610 Immediately
1. Repair the air leaks using a soap and water test on all connections 2. Reinstall the reverse lamp into the grommet 3. Steam clean the engine/transmission and undercarriage, as well as the power steering box area, road test the bus to identify any leaks after the road test
Solutions for Transit – Making a difference for YCIPTA New Flyer Audit Report Yuma County Area Transit
4. Perform your most aggressive Preventative Maintenance Inspection first. All fluids and filters should be changed and any leaks identified after the steam clean and road test should be corrected. 5. Install the destination signs 6. Install the bike rack 7. Clean up the wiring behind the driver’s area, where the radio box was removed. The wiring can be tucked into the columns 8. Complete a very thorough detail 9. Perform a final road test
9709 Immediately
1. Repair the air leaks using a soap and water test on all connections 2. Reinstall the reverse lamp 3. Steam clean the engine/transmission and undercarriage, as well as the power steering box area, road test the bus to identify any 7 leaks after the road test 4. Perform your most aggressive Preventative Maintenance Inspection first. All fluids and filters should be changed and any leaks identified after the steam clean and road test should be corrected. 5. Secure the inner connector of the transmission cooler line 6. Install the destination signs 7. Install the bike rack 8. Clean up the wiring behind the driver’s area, where the radio box was removed. The wiring can be tucked into the columns 9. Complete a very thorough detail 10. Perform a final road test
9710 Immediately
1. Repair the air leaks using a soap and water test on all connections 2. Secure the Front door lower bracket 3. Steam clean the engine/transmission and undercarriage, as well as the power steering box area, road test the bus to identify any leaks after the road test 4. Perform your most aggressive Preventative Maintenance Inspection first. All fluids and filters should be changed and any
Solutions for Transit – Making a difference for YCIPTA New Flyer Audit Report Yuma County Area Transit
leaks identified after the steam clean and road test should be corrected. 5. Install the destination signs 6. Install the bike rack 7. Clean up the wiring behind the driver’s area, where the radio box was removed. The wiring can be tucked into the columns 8. Complete a very thorough detail 9. Perform a final road test
As Soon as Possible 1. Remove and inspect the Particulate Filter. Inspect for cracks and excessive contamination. If the filters are getting contaminated (plugged) between cleanings, then the engines are passing too much oil and will need to be rebuilt. This should be your guide prior to your planned rehabilitation. 1. Each vehicle should have a registering farebox installed. A Diamond-like farebox may be installed temporarily, but consistency is needed for your passengers to understand how to 8 pay. 2. Each vehicle should have a full wrap installed. The vehicles do not have significant body damage, but some does exists. By applying a full wrap you can hide the body damage and old paint scheme until the rehab process. 3. Purchase the Twin Vision Software. I can provide the initial programing for your signs, but you will still want to have the ability to modify the signs anytime you want. 4. Replace the front shocks on each of the vehicles
During Rehabilitation Replace the Detroit Diesel Engines Rebuild the Allison B400R transmission valve bodies Repair the body damage Repaint the coach Replace the A/C duct work panels with new LED lamps, which will include new A/C duct work panels. This will modernize the coach with LED lamps and replace the panels. Rebuild the Air Conditioning System Rebuild the Particulate Trap System
Solutions for Transit – Making a difference for YCIPTA New Flyer Audit Report Yuma County Area Transit
First Transit Inspections We cannot disagree with most of the First Transit inspections of these New Flyer coaches.
We believe that the exhaust leaks noted were from earlier leaks detected and corrected by Long Beach Transit mechanics. We believe the leaks detected are mostly residue, and that a steam clean and road test is the only way to determine leaks. We believe the blow by identified on two of the vehicles is fairly typical of Detroit Diesel engines and the true test of engine longevity is via a compression test and inspection of engine bearings. Absent that, many locations use the particulate filter contamination as an indication of engine failure. The filter will not pass engine oil, so when the filter becomes plugged it will trigger the lamp on the dash. If this filter cannot make the biannual inspections without getting plugged, then the engine must be serviced. In order of engine longevity, 9710 is the best, 9709 is second and 9610 is last. 9 We did identify the same residue around the fuel tanks, but we also found that the vents were plugged and condensation had formed. I cleared the vent on one of the vehicles and over a gallon of water followed the debris removed. The radius rod bushing on 9610 had already been changed by Long Beach mechanics and did not appear bad to us. Each of the Air Dryers shows a discharge at the bottom. These buses have been sitting and some condensation will occur. Bus 9709 inspection states that the air dryer is leaking oil. These dryers do not contain oil, and residue identified is the discharge from the dryer. This is likely from an air compressor that is passing oil into the air system. We were unable to identify if this is residue from an old issue or continuing residue from a A full rehabilitation may current situation. By cleaning these dryers during your normal not be necessary Preventative Maintenance Inspection, you will create a baseline to tell if further repairs are needed.
Recommendations Solutions for Transit recommendations are based on our understanding that these vehicles would be maintained in service for an additional 7 to 10 years following transfer from Long Beach Transit to YCAT.
Solutions for Transit – Making a difference for YCIPTA Making a difference Audit Inspection Report Form “Major” Inspection for 40’ Bus SOLUTIONS FOR TRANSI T
YCAT Vehicle Number 9610 Vehicle Make/Model New Flyer Current Mileage Reading 537,021 Mileage Reading at Last PMI Date of Audit Inspection 2/21/2013 Date of Last PMI Legend: √ = OK x = Repair Required OOS = Safety Defect Out of Service LIGHTS X Check hi/lo beams, turn signals, 4-way flashers & beeper, clearance lights, tail, back-up, license plate, middle brake EXTERIOR ok Check front and rear bumper securement, condition, ok Check all lens condition for cracks and water alignment
X Check dash indicator lights ok Check for loose or damaged mud flaps and mounting X Check dome lamps operation. Check dome lamp assembly brackets. Check rear wheel well skirts securement X Check outside decals: bus numbers, logos, wheelchair ramp, battery disconnect, CHP numbers. Check securement INTERIOR ok Check odometer for legibility and accuracy X Check cleanliness of coach ok Check all access door latches, hinges and props ok Check schedule rack condition and securement ok Check body panels for cracks and buckling X Check all stanchions and grab rails ok Check fuel cap and cable ok Check passenger seats, crash pads, anchors and upholstery. Check passenger seat belts and shoulder belts operation DRIVERS AREA ok Check wheelchair seat locks, belt condition, foot anchors & ok Check fast idle operation tie-downs. Check Q-Straint locks, check belt condition, check for torn or damaged belts or mounts. Check folding ok Check throttle and brake interlock in conjunction with wheel seat condition and seat mounts. chair ramp power ok Check windows, weather stripping, emergency window latch ok Check parking brake operation during pump down test operation & location decals X Check registration slip, insurance cert, bloodborne kit ok Check all interior panels and engine access for condition and ok Check drivers seat, seatbelt operation securement. Check interior mirrors ok Check defroster & drivers heat operation. Check rear heat ok Cycle rear doors, safety edges and emergency releases ok Check roadside warning devices—3 per set. Check box ok Check evaporator condition and securement. Check evapo- securement rator blower motors condition and securement ok Check windshield condition EXTERIOR ok Check steering wheel condition and securement X Check cleanliness of coach windows ok Check all hoses and fittings for oil leaks. Check front and rear A/C , check controls and fan speed switch ok Check tire condition: 3/32 rear 4/32 front ok Check tire pressure,100psi, look for cupping & uneven wear X Check headsign controls, check operation and visibility of characters. Check mounting of all signs. X Check wiper blade condition and arm securement ok Check kneeling operation and warning signs. Check Wheel ok Check for signs of loose lug nuts (rust streaks) Check for Chair Ramp operation and condition. damaged wheels, heat stressed, dented. ok Check outside bus mirror condition and securement Continued on other side Legend: “Major” Inspection for 40’ Bus √ = OK x = Repair Required OOS = Safety Defect Out of Service
UNDERCARRIAGE ENGINE COMPARTMENT ok Check pitman arm position and pitman arm nut securement ok Check turbo coupling, oil line & turbo shield condition ok Check front suspension mounts & mounting bolts condition ok Check coolant level. Check surge tank mounts and coolant & securement. Check axle bumper stops condition & lines for rubbing or wear. Check condition of radiator and securement defroster core. Check tie rod studs & links for securement & wear. Check ok ok Check P/S pump mounts and securement. Check P/S reser- clamp for correct position on the tie rod voir mounts and lines. Check P/S fluid level. ok Check Air Dryer ok Check windshield washer fluid level ok Check sway bar and bushings for condition. Check mounts ok Check fuel filter. Check mounts for cracked or loose heads for cracks or loose bolts. Check cross member assembly for cracks and loose or missing bolts. Check drive axles for ok Check Particulate filter condition, mounting and fuel line excessive play. Check drive shaft u-joints and alignment.
X Check all shocks for leaks and loose mounts. Check all brake hoses condition and routing. NOTES AND OBSERVATIONS Excessive air leaks, 5lbs per minute ok Check for leaking wheel seals ok Check rear suspension. Check front and rear air bag condi- Reverse lamp is hanging out of grommet tion and mounting. Check leveling valves Front door airline rubs control arms ok Check fuel tank straps, insulators, and mounts. Check fuel piping and report fuel leaks. Stanchion loose in front of rear doors ok Check differential oil leaks ok Check retarder for leaks, cracks or damage A/C Panels loose above rear doors ok Check transmission mount condition and bolt securement. Body trim inside bus needs to be reinstalled Check engine mount condition and bolt securement. Check radiator mounts and fan shroud for proper clearance. Engine oil pan is seeping ok Inspect front and rear brake pads. Minimum thickness 5/16” front and rear. Check shoe to drum clearance. Check Transmission oil pan is leaking slack adjuster travel Front 1 3/4” Rear 2” ok Check all lines (i.e. fuel, coolant, and wire harnesses) from Front shocks are bad, leaking front to the rear of coach. ok Check exhaust system for cracks or loose mounts. Check Left front air bag drops after a few minutes exhaust system for leaks. Engine door prop is missing ok Drain air tanks and check for water ENGINE COMPARTMENT Several dash lamps out, loose screws ok Check air cleaner housing and inlet, Check Air Cleaner. ok Check battery for cracks. Check battery hold downs, cables & connectors. Check battery disconnect switch ok Check charging voltage (27.3 volts +/- .1 volt) with head- lights, marker lights and dome lights “on” Bobby Kuhn X Check cleanliness of engine, transmission and batteries and note any leaks Name of Inspector (print) ok Check trans. fluid level, engine oil level, brake fluid level ok Check condenser condition and securement. Check conden- ser fan blades and motor condition and securement. Signature of Inspector Making a difference Audit Inspection Report Form “Major” Inspection for 40’ Bus SOLUTIONS FOR TRANSI T
YCAT Vehicle Number 9709 Vehicle Make/Model New Flyer Current Mileage Reading 545,423 Mileage Reading at Last PMI Date of Audit Inspection 2/21/2013 Date of Last PMI Legend: √ = OK x = Repair Required OOS = Safety Defect Out of Service LIGHTS ok Check hi/lo beams, turn signals, 4-way flashers & beeper, clearance lights, tail, back-up, license plate, middle brake EXTERIOR ok Check front and rear bumper securement, condition, ok Check all lens condition for cracks and water alignment
X Check dash indicator lights ok Check for loose or damaged mud flaps and mounting X Check dome lamps operation. Check dome lamp assembly brackets. Check rear wheel well skirts securement X Check outside decals: bus numbers, logos, wheelchair ramp, battery disconnect, CHP numbers. Check securement INTERIOR ok Check odometer for legibility and accuracy X Check cleanliness of coach ok Check all access door latches, hinges and props ok Check schedule rack condition and securement ok Check body panels for cracks and buckling X Check all stanchions and grab rails ok Check fuel cap and cable ok Check passenger seats, crash pads, anchors and upholstery. Check passenger seat belts and shoulder belts operation DRIVERS AREA ok Check wheelchair seat locks, belt condition, foot anchors & ok Check fast idle operation tie-downs. Check Q-Straint locks, check belt condition, check for torn or damaged belts or mounts. Check folding ok Check throttle and brake interlock in conjunction with wheel seat condition and seat mounts. chair ramp power ok Check windows, weather stripping, emergency window latch ok Check parking brake operation during pump down test operation & location decals X Check registration slip, insurance cert, bloodborne kit X Check all interior panels and engine access for condition and ok Check drivers seat, seatbelt operation securement. Check interior mirrors ok Check defroster & drivers heat operation. Check rear heat ok Cycle rear doors, safety edges and emergency releases ok Check roadside warning devices—3 per set. Check box ok Check evaporator condition and securement. Check evapo- securement rator blower motors condition and securement ok Check windshield condition EXTERIOR ok Check steering wheel condition and securement X Check cleanliness of coach windows ok Check all hoses and fittings for oil leaks. Check front and rear A/C , check controls and fan speed switch ok Check tire condition: 3/32 rear 4/32 front ok Check tire pressure,100psi, look for cupping & uneven wear X Check headsign controls, check operation and visibility of characters. Check mounting of all signs. X Check wiper blade condition and arm securement ok Check kneeling operation and warning signs. Check Wheel ok Check for signs of loose lug nuts (rust streaks) Check for Chair Ramp operation and condition. damaged wheels, heat stressed, dented. ok Check outside bus mirror condition and securement Continued on other side Legend: “Major” Inspection for 40’ Bus √ = OK x = Repair Required OOS = Safety Defect Out of Service
UNDERCARRIAGE ENGINE COMPARTMENT ok Check pitman arm position and pitman arm nut securement ok Check turbo coupling, oil line & turbo shield condition ok Check front suspension mounts & mounting bolts condition ok Check coolant level. Check surge tank mounts and coolant & securement. Check axle bumper stops condition & lines for rubbing or wear. Check condition of radiator and securement defroster core. Check tie rod studs & links for securement & wear. Check ok X Check P/S pump mounts and securement. Check P/S reser- clamp for correct position on the tie rod voir mounts and lines. Check P/S fluid level. ok Check Air Dryer ok Check windshield washer fluid level ok Check sway bar and bushings for condition. Check mounts ok Check fuel filter. Check mounts for cracked or loose heads for cracks or loose bolts. Check cross member assembly for cracks and loose or missing bolts. Check drive axles for ok Check Particulate filter condition, mounting and fuel line excessive play. Check drive shaft u-joints and alignment. ok Check all shocks for leaks and loose mounts. Check all brake hoses condition and routing. NOTES AND OBSERVATIONS Dash and dash indicator lamps are out, loose screws ok Check for leaking wheel seals ok Check rear suspension. Check front and rear air bag condi- A/C duct ceiling panels are loose tion and mounting. Check leveling valves Loose trim on right window in front of rear door ok Check fuel tank straps, insulators, and mounts. Check fuel piping and report fuel leaks. Front door control rods loose, lock nuts loose ok Check differential oil leaks ok Check retarder for leaks, cracks or damage Fire Extinguisher is missing ok Check transmission mount condition and bolt securement. Modesty panel behind driver is loose and missing bolts Check engine mount condition and bolt securement. Check radiator mounts and fan shroud for proper clearance. Air governor cut out is 115 lbs, recommend 120 lbs ok Inspect front and rear brake pads. Minimum thickness 5/16” front and rear. Check shoe to drum clearance. Check Air compressor leaks air slack adjuster travel Front 1 3/4” Rear 2” ok Check all lines (i.e. fuel, coolant, and wire harnesses) from Trans cooler line leaks at the inner connector front to the rear of coach. ok Check exhaust system for cracks or loose mounts. Check Reverse lamp is hanging out of the grommet exhaust system for leaks. W/C Ramp cylinder line is leaking ok Drain air tanks and check for water ENGINE COMPARTMENT Front Shocks are bad, leaking ok Check air cleaner housing and inlet, Check Air Cleaner. ok Check battery for cracks. Check battery hold downs, cables & connectors. Check battery disconnect switch ok Check charging voltage (27.3 volts +/- .1 volt) with head- lights, marker lights and dome lights “on” Bobby Kuhn X Check cleanliness of engine, transmission and batteries and note any leaks Name of Inspector (print) ok Check trans. fluid level, engine oil level, brake fluid level ok Check condenser condition and securement. Check conden- ser fan blades and motor condition and securement. Signature of Inspector Making a difference Audit Inspection Report Form “Major” Inspection for 40’ Bus SOLUTIONS FOR TRANSI T
YCAT Vehicle Number 9710 Vehicle Make/Model New Flyer Current Mileage Reading 593,569 Mileage Reading at Last PMI Date of Audit Inspection 2/21/2013 Date of Last PMI Legend: √ = OK x = Repair Required OOS = Safety Defect Out of Service LIGHTS ok Check hi/lo beams, turn signals, 4-way flashers & beeper, clearance lights, tail, back-up, license plate, middle brake EXTERIOR ok Check front and rear bumper securement, condition, ok Check all lens condition for cracks and water alignment
X Check dash indicator lights ok Check for loose or damaged mud flaps and mounting X Check dome lamps operation. Check dome lamp assembly brackets. Check rear wheel well skirts securement X Check outside decals: bus numbers, logos, wheelchair ramp, battery disconnect, CHP numbers. Check securement INTERIOR ok Check odometer for legibility and accuracy X Check cleanliness of coach ok Check all access door latches, hinges and props ok Check schedule rack condition and securement ok Check body panels for cracks and buckling X Check all stanchions and grab rails ok Check fuel cap and cable X Check passenger seats, crash pads, anchors and upholstery. Check passenger seat belts and shoulder belts operation DRIVERS AREA ok Check wheelchair seat locks, belt condition, foot anchors & ok Check fast idle operation tie-downs. Check Q-Straint locks, check belt condition, check for torn or damaged belts or mounts. Check folding ok Check throttle and brake interlock in conjunction with wheel seat condition and seat mounts. chair ramp power ok Check windows, weather stripping, emergency window latch ok Check parking brake operation during pump down test operation & location decals X Check registration slip, insurance cert, bloodborne kit ok Check all interior panels and engine access for condition and ok Check drivers seat, seatbelt operation securement. Check interior mirrors ok Check defroster & drivers heat operation. Check rear heat ok Cycle rear doors, safety edges and emergency releases ok Check roadside warning devices—3 per set. Check box ok Check evaporator condition and securement. Check evapo- securement rator blower motors condition and securement ok Check windshield condition EXTERIOR ok Check steering wheel condition and securement X Check cleanliness of coach windows ok Check all hoses and fittings for oil leaks. Check front and rear A/C , check controls and fan speed switch ok Check tire condition: 3/32 rear 4/32 front ok Check tire pressure,100psi, look for cupping & uneven wear X Check headsign controls, check operation and visibility of characters. Check mounting of all signs. X Check wiper blade condition and arm securement ok Check kneeling operation and warning signs. Check Wheel ok Check for signs of loose lug nuts (rust streaks) Check for Chair Ramp operation and condition. damaged wheels, heat stressed, dented. ok Check outside bus mirror condition and securement Continued on other side Legend: “Major” Inspection for 40’ Bus √ = OK x = Repair Required OOS = Safety Defect Out of Service
UNDERCARRIAGE ENGINE COMPARTMENT ok Check pitman arm position and pitman arm nut securement ok Check turbo coupling, oil line & turbo shield condition ok Check front suspension mounts & mounting bolts condition ok Check coolant level. Check surge tank mounts and coolant & securement. Check axle bumper stops condition & lines for rubbing or wear. Check condition of radiator and securement defroster core. Check tie rod studs & links for securement & wear. Check ok ok Check P/S pump mounts and securement. Check P/S reser- clamp for correct position on the tie rod voir mounts and lines. Check P/S fluid level. ok Check Air Dryer ok Check windshield washer fluid level ok Check sway bar and bushings for condition. Check mounts ok Check fuel filter. Check mounts for cracked or loose heads for cracks or loose bolts. Check cross member assembly for cracks and loose or missing bolts. Check drive axles for ok Check Particulate filter condition, mounting and fuel line excessive play. Check drive shaft u-joints and alignment. ok Check all shocks for leaks and loose mounts. Check all brake hoses condition and routing. NOTES AND OBSERVATIONS Dash indicator lamps out ok Check for leaking wheel seals ok Check rear suspension. Check front and rear air bag condi- Front doors lower bracket is loose at floor tion and mounting. Check leveling valves Air leaks ok Check fuel tank straps, insulators, and mounts. Check fuel piping and report fuel leaks. Front door airline rubs control arms, control arms loose ok Check differential oil leaks ok Check retarder for leaks, cracks or damage Power Steering box leaks Radiator door latch missing ok Check transmission mount condition and bolt securement. Check engine mount condition and bolt securement. Check Rear bench seat bracket is loose at top, left side radiator mounts and fan shroud for proper clearance. Right rear side seat is missing a bolt under the seat bottom ok Inspect front and rear brake pads. Minimum thickness 5/16” front and rear. Check shoe to drum clearance. Check slack adjuster travel Front 1 3/4” Rear 2” Stanchion is loose at rear doors ok Check all lines (i.e. fuel, coolant, and wire harnesses) from A/C duct panels are loose above rear doors front to the rear of coach. ok Check exhaust system for cracks or loose mounts. Check Alternator is leaking oil from rear plate exhaust system for leaks. Excessive water contamination in air system X Drain air tanks and check for water ENGINE COMPARTMENT Engine oil pan leaks, rear main seal leaks ok Check air cleaner housing and inlet, Check Air Cleaner. Brakes have low lining ok Check battery for cracks. Check battery hold downs, cables & connectors. Check battery disconnect switch Water pump leaks Lower radiator mount is missing a bolt ok Check charging voltage (27.3 volts +/- .1 volt) with head- lights, marker lights and dome lights “on” Bobby Kuhn X Check cleanliness of engine, transmission and batteries and note any leaks Name of Inspector (print) ok Check trans. fluid level, engine oil level, brake fluid level ok Check condenser condition and securement. Check conden- ser fan blades and motor condition and securement. Signature of Inspector