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REQUEST FOR PROPOSALS (RFP) #21-0125 BODY-ON-CHASSIS (BOC) TRANSIT VEHICLES

U NIGP Commodity Codes U: 07192-Vans, Passenger (Regular and Handicapped Equipped 55640 - Coach, Transit (Mini) Handicapped

Issue Date: September 24, 2020 • Due Date/Time: October 26, 2020 – 2:00 P.M. EST

Purchasing Manager: Matt McGovern | E-mail Address: mrmcgovern@fredericksburgva.gov

UPROPOSAL SUBMISSION: UAll proposals must be received by the date and time shown on the cover page of this solicitation at the following address. Any proposals received after the stated time and date will be returned unopened. See Standard Terms for additional REQUIRED information regarding “Identification of Sealed Proposals”.

Delivery address: City Hall, City Manager Office, Room 203, 715 Princess Anne Street, Fredericksburg, VA 22401

UOPTIONAL PRE-PROPOSAL CONFERENCEU: An optional pre-proposal teleconference will held at U10:00 AM on October 12, 2020U. Details of meeting and call in info will be made available on EVA and Fredericksburg City website before 10/12/2020. The purpose of this conference is to allow Offerors an opportunity to present questions and obtain clarification relative to any facet of this solicitation. While attendance is not mandatory, Offerors who intend to submit a proposal are encouraged to attend. Any changes resulting from this conference will be issued in a written addendum to the solicitation. UCLARIFICATION OF TERMS U: If any prospective Offeror has questions about the specifications or other solicitation documents, then it is the Offeror’s responsibility to contact the Purchasing Manager Uin writingU, no later than October 16, 2020. UOral requests for information will not be acceptedU. No further written inquiries will be accepted after 2:00 P.M. local time on October 16, 2020. Any revisions to the solicitation will be made only by an addendum issued by the Purchasing Manager. Any addenda, notifications, extensions, cancellations or changes will be posted on the City’s website at Uwww.fredericksburgva.govU and the Commonwealth of Virginia’s e-procurement website, www.eva.virginia.gov. No other notification is required. It is the responsibility of the prospective Offeror to obtain all current information from either the City website or the eVA website.

PERIOD OF CONTRACT: Three (3) base year contract. Two (2) one-year options. The undersigned hereby offers and agrees to furnish all goods and/or services in accordance with the attached signed proposal and the mandatory requirements outlined herein, or as mutually agreed upon through subsequent negotiation.

Company Name: _______________________________

Address: ______________________________________

City/State/ZIP: ________________________________

Signature: ____________________________________

Printed Name: ________________________________

Title: _______________________________

Date: _______________________________

Email: __________________________________________

Telephone: ____________________________________

Fax: _________________________________________

Cell: _________________________________________

DUNS Number: ________________________________

eVA Vendor ID: _________________________________

Vendor SCC ID:__________________________________

NOTE: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, §2.2-4343.1 or against an Offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

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A. PURPOSE Fredericksburg Regional Transit, a department of the City of Fredericksburg, Virginia (City) is requesting proposals for body-on-chassis transit vehicles. Fredericksburg Regional Transit (FRED) will select one (1) Supplier to fulfill its transit fleet requirements as outlined in this request.

B. SCOPE OF PROJECT These Technical Specifications cover requirements for 2021 model or newer body-on-chassis transit vehicle 23 Passenger (22 passenger, including 2 wheelchairs, and driver) which may be used for rural, suburban, and urban transit service operations on urban streets and rural roadways in the general environmental and climatic conditions prevailing throughout the Fredericksburg Region service area. It is intended for the widest possible spectrum of youth and adult passengers, elderly, and the handicapped. Vehicles must accommodate both ambulatory and wheelchair passengers. The vehicle shall have a minimum expected life of seven years or 200,000 miles, whichever comes first as specified by the Federal Transit Administration (FTA). The bus shall be fully compliant with the applicable requirements of the Americans with Disabilities Act (ADA) and any revisions published by the Architectural and Transportation Barriers Compliance Board or the FTA for fixed- route and route-deviation operations. Where these specifications exceed the requirements of ADA, the specification requirement shall apply. In addition, it shall meet all federal conditions of manufacturer/vendor as described in this solicitation and/or provided by law or regulation. Questions concerning the RFP should be submitted in writing to: Matthew McGovern, Purchasing Manager City of Fredericksburg 540-479-8776 35Tmmcgovern@fredericksburgva.gov35T The City of Fredericksburg shall be exempt for any liability for costs incurred by Offerors in preparation of the proposals.

C. PROPOSAL SUBMITTAL Sealed proposals must be submitted to the City of Fredericksburg Department of Finance by 2PM EST, October 26, 2020 and must be addressed as follows:

Vendor Name Street or Box Number City, State, Zip Code

POSTAGE*

City of Fredericksburg Room: Finance Dept. ATTN: Matt McGovern 715 Princess Anne Street Fredericksburg, VA 22401

RFP #: 21-0125 RFP Title: Body-on-Chassis Transit Vehicles Due Date: As noted on cover page Time: As noted on cover page

Proposals must include all information as referenced in the specifications; including vehicle layout/floor plan(s). Proposals must include a proposal price for each component presented. All proposal amounts shall be

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guaranteed for not less than sixty (60) days after the proposal submittal deadline date. Any proposals submitted after 2:00PM on October 26, 2020 will not be accepted and may be returned unopened at the Offeror’s expense.

D. INSTRUCTIONS TO PROPOSERS 1. FRED will accept competitive sealed proposals for this solicitation. 2. FRED reserves the right, at its option, to request any Offerors submit additional information that may be

necessary to clarify the proposal and submit additional information which FRED deems necessary in order to evaluate the Offeror’s Proposal and determine responsiveness and responsibility.

3. Failure to completely and accurately follow all of the instructions for the RFP process may result in rejection of the proposal. Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities. Failure to submit any of the required information may result in the Proposal being declared non-responsive.

4. The Offeror is required to submit the following items in order for their proposal to be completed and accepted by FRED. Failure to submit all information requested may result in FRED eliminating the proposal from consideration, at FRED’s sole discretion. a. The RFP signature sheet, signed, containing the name of the primary contact person for this proposal,

their address, e-mail, fax number, telephone number, etc. (coversheet) b. The completed proposal; including all specific items or data requested in the RFP; including all

Attachments and Certifications. c. All RFP addenda acknowledgements, if any, signed and completed as required.

5. FRED will not compensate any Offerors for the cost of proposal preparation. 6. Ownership of all data, materials, and documentation originated and prepared for FRED for this solicitation

shall belong exclusively to FRED and shall be subject to public inspection in accordance with the Virginia Freedom of Information Act (FOIA).

E. PROPOSAL PREPARATION REQUIREMENTS

The Offeror must submit one (1) original, five (5) hard copies, and one (1) electronic copy in PDF format on a USB of the proposal to the address listed above. All proposals must comply with the specifications and guidelines provided in this document. Sealed Business and Technical Proposals shall be submitted in separate volumes identified on the outside of the package with the name of the proposing firm, the number and title of the solicitation. The proposal should be submitted in a binder permitting the FRED to readily remove pages for distribution or copying, and should be limited to 8.5 x 11 paper unless otherwise requested or necessary. The contents of the proposal reflect the offeror’s approach to the project. A sufficient amount of detail needs to be included to permit a full and fair evaluation of the proposal. However, overly elaborate proposals, proposals which provide generic information or information not relevant to the subject matter of the solicitation, and proposals which do not show the capability to follow the instructions given herein will usually receive lower scores than those that reflect these instructions. FRED reserves the right to reject all or any proposals, to award to a proposal other than the lowest priced, and to award a contract without discussions, except for clarifications which do not modify the proposal or negotiations. Each offeror should therefore ensure that its initial submittal represents the best possible combination of technical merit and low price.

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1. VOLUME I - Business Information

Tab Item Coverletter

Coverpage – identifying the point of contact for the Proposer by name, title, mailing address, telephone, fax, and email address.

Tab A Signed Acknowledgements of Amendments (if any) Tab B Complete Pricing Schedule to include Attachment A Tab C Pre-Award Buy America Requirements (Due no later than Notification of Intent to

Award) Tab D Transit Vehicle Manufacturer’s Certification - Certification must be submitted with

Proposal. Proposal is considered non-responsive if certification is not submitted. Tab E Completed Representations and Certifications Tab F Completed Past Performance References (Attachment B) Tab G Any exceptions to the contractual terms and conditions.

2. VOLUME II - Technical Proposal

Tab Item Coverletter

Table of Contents Tab A Executive Summary of the Offeror’s Capabilities and Skills to include:

• General history and background of the firm, and its partners or associates, including its ownership, size, and lines of business and specialties.

• Qualifications for the specific scope of this solicitation (base and options). Provide resumes and experience for key personnel proposed to participate in and supervise these services on a regular basis.

• A description of the firm’s approach to the types of services described herein, identifying points of contact and responsibility within the firm, and whether specific portions of the services will be provided by outside firms.

Tab B Product design and Performance as described below in Section F, Evaluation Criteria. Tab C 37TNew BOC Requirements shall include:

37TProcurement Vendor 37TThe name, address, and contact information of the Proposer shall be submitted. If the Proposer is acting as an agent on behalf of others, those subcontracting entities shall be indicated. Contact information shall include both telephone and e-mail.

37TManufacturer and BOC Description 37TThe proposed BOC vehicle manufacturer shall be specified, with additional model and details provided as necessary to determine a reasonable description of the proposed vehicle procurement. 37TVehicle descriptions shall include the general BOC dimensions, seated capacity, complete seating layout(s) and vehicle style, as well as the following: o Wheelchair tie-down specifications of the equipment to be provided. o Layout/drawings for entry, maneuvering, parking, and exiting of wheelchair

passengers.

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o Documentation that illustrates the access ramp installation and ramp angles when deployed.

o A copy of the Test Report prepared for the accepted vehicle model being proposed under this Contract.

37TData for each vehicle type proposed shall be submitted on Attachment C, Transit Vehicle/37TBus Description. Proposer must complete a form for each size bus offered. 37TDescribe how off-site warranty work will be performed.

Tab D Narrative Summary of deviations from the Scope of Services outlined in the RFP.

Tab E Information or Narrative on Warranty Information (as referenced in Section 13) Tab F Information or Narrative on Training Program (as referenced in Section 18) Tab G Testing Information (as reference in Section 12)

F. EVALUATION AND SELECTION PROCESS 1. Method of Award – In accordance with the evaluation and scoring process the award will be made based

on the criteria included in this RFP by Offerors deemed responsive and responsible. FRED reserves the right to reject any or all proposals, in whole or in part, to waive informalities and to delete items prior to making the award, whenever deemed, in the sole opinion of FRED to be in its best interest.

Proposals will be evaluated by a selection committee based on the following criteria:

Criteria Points 1. Product Design and Performance 40 2. Manufacturer’s Reputation and Performance 40 3. Cost Proposal (Price) 20 Maximum Points: 100

Following the review and evaluation of all RFP submittals, and based on their submitted proposal, a shortlist of two (2) or more offerors deemed to be fully qualified and best suited may be called upon for an interview and negotiations to aid in the selection of a Supplier. The award will be made to the qualified Offeror whose proposal is deemed most advantageous to the FRED, all factors considered.. Any objections to published specifications must be filed in written form with the Purchasing Manager prior to the RFP due date of 2:00PM on October 26, 2020. Evaluation Criteria (in order of relative importance)

Technical Evaluation Criteria

Proposals will be evaluated using the following principal selection criteria:

1) Product Design and Performance (40 Points) The information provided by the Proposer in its technical submittal relating to the buses to be provided will be utilized to evaluate the proposal in relation to this factor. Failure to complete the required submissions or list all requested deviations on the proper form with adequate supporting data will impact the final score determination of this section. The number and significance of the requested deviations from FRED’s

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specifications, which are intended to describe a bus design that provides for fleet commonality and standardization of parts, training and related support costs will impact the final point determination of this section. Vehicle construction; systems design and integration; documented reliability; as well as other design and performance elements of the components which comprise those systems may be used in this evaluation. At a minimum, test results, safety and maintenance factors, and cost of normal operation including rated fuel efficiency for the bus design and system components proposed may be considered in determining a final value for this factor.

2) Proposer’s Experience, Reputation and Performance (40 Points) The Evaluation Panel will consider the capability and reputation of the Proposer as presented in the Proposal or as is determined by review of information available from references or other resources. The Evaluat ion Panel may look at the Proposer’s overall organizational and financial capabilities; and, consider key components such as the proposed Proposer’s Representative/Project Manager for the project, organizational reporting structure, proposer’s relevant experience and history providing similar products, quality control, quality assurance, technical training, parts support, response time, responsiveness, product capabilities, bus configurations/layout, financial history, manufacturing capacity, as well as other considerations in reaching a final point determination. The Evaluation Panel may also look at judgments, liens, fleet defect history, warranty claims, and the steps that the supplier/manufacturer took to resolve these concerns in assessing the overall reputation of the supplier/manufacturer. The Evaluation Panel will also review the proposed delivery schedule and its ability to fulfill the delivery requirements in this RFP, including past delivery performance.

Maximum Possible Technical Points = 80 points

Cost Proposal Evaluation

As described below, a maximum of 20 points will be assigned to the proposed cost submitted by the Proposer on the Price Schedule provided herewith. The Contractor is required to use the Price Schedule, without alteration, for submittal of their cost proposal. Only prices submitted on the Price Schedule provided herewith will be considered for evaluation. Please DO NOT use your own forms. The cost will be evaluated in the following manner:

Cost Proposal Criteria (20 Points)

a. The Cost Proposal criteria will be based on the cost per transit vehicle (base price). Consideration will be

given for option pricing.

b. The lowest Cost Proposal will receive 20 points. Every other Proposal previously found to be in the competitive range will be given points proportionately in relation to the lowest price. This point total will be calculated by dividing the lowest price by the total price of the Proposal being evaluated and the result multiplied by the maximum weight for price (20 points) to arrive at a Cost Proposal score. The application of the formula above will result in a uniform assignment of points relative to the criterion of price.

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OFFEROR INFORMATION AND DELIVERY CONFIRMATION List the name, email, telephone number, and fax number of the responsible person(s) of your company who may be contacted regarding this contract. Company Name: ______________________________________ Contract Representative Name: _____________________________________________ Title: _______________________________________________ Email: ______________________________________________ Telephone: __________________________________________ Fax: _______________________________________________ Authorized Representative Name: _____________________________________________ Title: _______________________________________________ Email: ______________________________________________ Telephone: __________________________________________ Fax: _______________________________________________ Project Representative Upon successful award this is the representative that FRED will engage on an ongoing basis. Name: _____________________________________________ Title: _______________________________________________ Email: ______________________________________________ Telephone: __________________________________________ Fax: _______________________________________________ Delivery Delivery of goods or performance of services shall be within the number of calendar days stated below after receipt of the Purchase Order (PO) by the Offeror. FRED requires the Offeror to deliver within a reasonable time after receipt of the Purchase Order. If the Offeror does not insert a stated delivery time in the blank below. The Offeror will be deemed to offer delivery in accordance with FRED’s desired delivery time as stated below. FRED’s desired delivery time – Calendar days after receipt of Purchase Order 210 OFFEROR’s stated delivery time – Calendar days after receipt of Purchase Order _______

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ACKNOWLEDGEMENT OF AMENDMENTS

Solicitation No: 21-0125 Title: BODY-ON-CHASSIS (BOC) TRANSIT VEHICLES The undersigned, as part of submission of an offer for the above solicitation, hereby acknowledges receipt of the following amendments and certifies that the offer has been prepared in accordance with their provisions:

AMENDMENT NO. DATE TITLE/SUBJECT

ACKNOWLEDGED BY: ___________________________________________ DATE:____________

(SIGNATURE) NAME (PRINT): ___________________________________ TITLE:__________________________ COMPANY: ________________________________________________________________________

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1. TECHNICAL SPECIFICATIONS & OFFEROR REQUIREMENTS The specifications included in this solicitation are intended to define the minimum level of quality and performance of the request product and must be met or exceeded. If brand names are provided, the specifications are not meant to be restrictive as to brand name or manufacturer unless specifically designated as a mandatory item. Equipment proposal may be the brand name and model, or shall be a pre-approved equivalent to brand names and/or any other specification elements.

Offerors shall indicate compliance with the specifications item, equivalence, or clarifying information on the specification form next to each specification item, using the lines provided across from the specification item. Failure to indicate compliance, equivalence or clarifying information shall cause rejection of the proposal. Offeror’s shall submit a base floor plan(s) and technical data of the product being offered. Fredericksburg Regional Transit reserves the right to obtain technical data and to request clarification when deemed necessary. Failure on the part of the offeror to provide all required documentation may be cause to reject the proposal as non-responsive. Proof of manufacturer’s QVM certification to be provided with proposal. Offeror must represent an OEM approved converter. The vehicle and equipment offered in response to this request for proposal must be 2021 model or newer, unused current production model of the equipment required. No prototype, or demonstrator, or rebuilt product will be accepted, and offering of such a product shall be cause for proposal rejection. All items in this specification must be proposal as a complete package. Proposals containing only selected elements of the entire specification shall not be accepted.

2. VEHICLE GENERAL DESCRIPTION a. It is the intent of this specification to describe the design requirements for a transit bus (also described

as “transit vehicle”, “body-on-chassis”, or “BOC”, or “bus”) rugged enough to withstand rigorous intensive daily transit service operations and provide maximum reliability and availability, with a minimum of maintenance and repair time. The bus shall exhibit maximum passenger appeal in appearance, comfort and safety, combined with excellence in reliability, operating characteristics, efficiency, and economy of operation.

b. Buses shall incorporate features essential for safe, fast, efficient and comfortable operation by the Transit

Operator (“Operator” or “Driver”), features that ensure excellent road and traffic visibility under all driving conditions and adequate means for safe passenger movement. The bus shall be made capable of easy maneuvering in normal and heavy traffic.

c. Scheduled maintenance tasks shall be related and shall be grouped in maximum mileage intervals. Routine

scheduled maintenance actions, such as filter replacement and adjustments, shall not be required at intervals of less than 15,000 miles, except for routine daily service performed during the fueling operations. Higher levels of scheduled maintenance tasks shall occur at even multiples of mileages for lower level tasks.

e. The bus, at GVWR and under static conditions, shall not exhibit deformation or deflection that impairs

operation of doors, windows or other mechanical elements. f. All failures involving basic body, structure, axles and suspension are considered structurally related failures

for purposes of this specification.

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g. The bus shall be new and unused, of current production model, with the latest design features. The unit shall be delivered fully operational and ready for revenue service with all necessary equipment and accessories.

3. CONFORMITY

a. All Offerors (“Contractors” or “Suppliers”) must conform to these specifications and the product they furnish shall be of first class quality and the workmanship shall be the best obtainable in various trades.

b. The design of the body, chassis, and equipment the Offeror proposes to furnish shall be of the latest

design and model so as to produce a vehicle of substantial and durable construction in all respects. c. No advantage shall be taken by the Offeror in the omission of any part or detail which is required to make

the buses fully serviceable and durable operational vehicles in all respects even though such parts or detail are not mentioned in these specifications.

d. All units or parts not specified shall be manufacturer’s standard units. In all cases, material and

dimensions must be furnished as specified, but if the term, "approved equal" is used, FRED’s Project Manager must approve any materials, equipment, or dimensions substituted for those specified.

e. The vehicle and all related equipment provided under this Contract shall meet all applicable State and

Federal laws, vehicle codes, regulations, and standards even if they are not explicitly written or stated.

4. RESPONSIBILITY a. The Supplier shall assume responsibility for all design and satisfactory operation of the vehicle; furnishing

and delivering all vehicles, material, and accessories whether or not the same are manufactured by the Contractor or purchased ready-made from an outside source.

b. The Supplier shall assume responsibility and all costs to deliver the buses and related items to FRED’s

designated location.

5. DELIVERY The completed vehicle shall be delivered to the designated receiving location FOB destination. Vehicle and equipment must be put in service by a qualified representative of the Supplier at the delivery location. The representative must demonstrate that the vehicle and all installed equipment are operating correctly, with no defects in materials or installation. The representative must operate all the installed equipment on each vehicle, and instruct user personnel in operation and safety requirements of the installed equipment. Vendor shall provide pre-delivery inspection(s) (PDI) of the vehicle prior to completion and delivery. Dealer shall deliver the vehicle conforming to the specifications within 210 days after receipt of the order. If additional time is required the Offeror must submit this information in the related deviations and exceptions section of their response.

6. WARRANTY Products provided must be warranted with the supplier’s best warranty offered, to provide no-cost protection to Fredericksburg Regional Transit for correction or replacement as needed for defects in manufacturing, assembly, or parts. Provide documentation of warranty for the products offered in answer to this RFP.

7. OEM APPROVED CONVERTER Vehicle conversion manufacturer must be an approved converter by the OEM vehicle manufacturer, and certified by the OEM manufacturer as an approved converter.

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8. VEHICLE SPECIFICATIONS

SPECIFICATIONS - VEHICLE A

Item #

Feature Description

1 Gross Vehicle Weight (GVW)

25,850 lbs. maximum after derate.

2 Front Axle To be equipped with heavy-duty axle and springs adequate for vehicle’s gross vehicle weight. Minimum 10 K axle.

3 Rear Axle To be equipped with heavy-duty axle and springs adequate for vehicle’s gross vehicle weight. Minimum 17.5 K axle, preferred 19 K axle. Rear axle ratio to be approximately 4:56:1

4 Brakes Brake system shall utilize Meritor four wheel antilock Air Drum brakes, provided for all wheels, front and rear. System shall be efficiency rated and of the heaviest duty available for the GVW of the vehicle involved. Brakes shall be capable, at a minimum, of stopping a full loaded vehicle. Braking system shall comply with FMVSS 105.

5 Base Chassis Freightliner S2C. Effectiveness of the design shall be documented by successful application of crashworthiness test. Results of such testing shall be submitted prior to delivery of first bus, and must meet the standards set forth in Federal Register Volume 47, No. 195, Section 2.1.2.10.

6 Engine Cummins B6.7 260 HP 7 Overall Length

Bumper to Bumper 382” inches minimum

8 Wheelbase 179” / 238” 9 Step Height from

Ground Maximum 11.5 inches

10 Ambulatory Passenger Door Entry Width

Minimum 32”

11 Ambulatory Passenger Door Entry Height

Minimum 79” clear opening

12 Side lift door entry width

Minimum 43”

13 Side lift door entry height

Minimum 68”

14 Aisle width – no arm rests

Minimum 18”

15 Step tread depth Minimum 11” 16 Step riser height Minimum 9.5 “ 17 Shocks Shall be load rated and of the heaviest duty available, capable of controlling the ride in the vehicle

when empty, as well as when loaded to the GVW. They shall be a heavy-duty type to give maximum trouble free life in transit operations, front and rear.

18 Suspension Suspension system shall be load rated and of the heaviest duty available for the GVW of the vehicle. Heavy duty shock absorbers are to be included and of the heaviest duty available, capable of controlling the ride in the vehicle empty, as well as when loaded to GVW. They shall be a heavy-duty type to give maximum trouble free life in transit operations. Utilizing the Air Liner Air Suspension with Dual leveling valves.

19 Automatic Transmission

Six speed electronic transmission with overdrive and must be compatible with the engine specified. Transmission shall be equipped with an audible back up alarm integrated with the reverse gear backing lights with parking pawl.

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20 Reverse Camera/ Rearview Mirror

A waterproof rear view observation camera shall be included on the rear of the bus. The images captured by the camera shall be transmitted to a 7” LCD full color display located within a highly reflective glass surface which shall serve as a rear view mirror when not functioning as a rear view display screen. The display / mirror shall be installed in lieu of and in the same location as the OE rearview mirror, Rosco Moreview or approved equal.

21 Steering Power assisted steering equipped with a tilt and telescopic wheel. 22 Drive Shaft Rated capable of transmitting the torque multiplication of the power units to the drive wheels.

Safety guard is required to prevent a broken shaft from touching the ground or contacting any brake lines. Spicer u-joint series 1710.

23 Exhaust System Equipped with corrosion resistant muffler. No flexible tubing shall be used between the engine and the muffler. Exhaust shall exit beyond the perimeter of the vehicle and must exit at the driver’s rear or in the rearmost 24” of the driver’s side of the vehicle. Exhaust exiting to the curbside or curbside rear of the bus are prohibited.

24 Engine Air Cleaner Dry replacement element. Type and make to meet the engine manufacturer’s recommendation. 25 Fuel tank Largest capacity furnished by manufacturer, recommended minimum of 75 gallons. Fuel fill to

be located to provide easy servicing. Tank should be located in an area protected under the vehicle per manufacturer’s specification.

26 Parking Brake Manually operated working on the rear wheel brakes or driveshaft. The parking brake shall be capable of holding a fully loaded vehicle on a 15% incline. System shall incorporate a warning light on the instrument panel to indicate to the driver when the brake is on.

27 Tires and Wheels Vehicles shall be equipped with seven (7) premium tubeless, steel belted, black sidewall, all-weather radial tires. Tire size to be 245/70R19.5 16PLY. All primary tires and wheels shall be identical (i.e., no cross brands or models). Vehicles shall be equipped with the heaviest duty one piece ventilated wheels from Alcoa Aluminum vented wheels for the GVWR and tires specified by the vehicle manufacturer. One matching full size spare tire and wheel per vehicle is required loaded loose at delivery.

28 Vehicle Alignment Prior to delivery to FRED the vehicle shall be aligned at a shop approved by FRED’s Project Manager. The alignment shall include front axle, rear axle, ride height, driveline and pinon angle. Vendor will provide before and after measurements upon delivery.

29 Electrical Alternator Minimum 320 AMP 30 Voltage Regulator Heaviest duty rated, as provided by vehicle manufacturer. 31 Batteries Three (3) 31 series heavy duty stud post batteries. 32 Electrical The bus shall be equipped with a power distribution system, adequately sized for all electrical

loads on the buses as specified, including air conditioning and wheelchair ramp. To the maximum practical extent, electrical distribution and control devices shall be grouped on an electrical panel arranged for ease of access, test, and replacement of components. The panel shall be large enough to avoid crowding of the components and leads. Component heat build-up shall not affect the components or mounting locations. There shall be a test plug receptacle for electronically diagnosing the engine using portable instruments.

A durable diagram shall be mounted, in the electrical panel that identifies the components and their function. Relays and circuit breakers shall be permanently labeled to correspond to this diagram.

33 Wiring Intermotive FlexTech or pre-approved equal electrical system with a programmable relay power enter. The FlexTech system shall be designed to improve diagnostic capabilities, eliminate the need for times, flashers, latching relays and multi-relay logic. The system shall include warning LED’s to simplify wiring troubleshooting. The system shall be designed to eliminate excessive wiring throughout the bus body and simplify wiring installation and routing via electronic module connectivity. All wiring shall be run inside the body in a protected area. Any wiring that is exposed to the elements shall be in loom and securely clipped for maximum protection. Clips

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shall be rubber or plastic coated to prevent them from cutting the wiring insulation. Electrical panels shall be located to be easily accessible from the interior of the bus body. Wiring shall be protected from weather and mechanical injury. Cables should be supported along their length and strain-relieved near terminations so that connectors and terminals are not under stress. As-Built wiring schematics for all wiring added by the body manufacturer. The schematics shall be made available to the recipient on a USB or disk.

All electronics components and boxes shall have quick disconnect plugs attached.

34 Interlock / Fast Idle Interlock feature shall prohibit the vehicle from being put in gear or releasing the parking brake while the wheelchair lift access door is open. Vehicle will utilize engine manufactures high idle utilizing the cruise control switches.

35 Reflectors As required by FMVSS. 36 Directional Signals Compliant with FMVSS and state statues. Control switch shall be self-cancelling type mounted

on the steering column. Shall include a hazard-warning feature as required by FMVSS 108. A third, or center, LED brake light shall be mounted in the center of the vehicle above the rear door.

37 Clearance Lights Vehicle shall be equipped with LED clearance lighting at the highest practical point. Clearance light package shall be a minimum of ten (10) lights, five (5) amber at front and five (5) amber at rear. Clearance lights shall be a steady burn and shall operate in all modes in which the vehicle running lights operate.

38 Bulkhead Access Door

Bus to include an access door on the front bulkhead to provide access to the marker lights.

39 Lighting Conform to the specification as outlined in the ADA regulations Subpart B Buses, Vans and Systems, 38.31 Lighting. Any step well or doorway immediately adjacent to the driver shall have when the door is open at least 2-foot candles of illumination measured on the step tread or lift platform. Other doorways in which lifts are installed shall have at all times at least 2 foot-candles of illumination measured on the step tread or lift, when deployed at the vehicle floor level. The vehicle doorways, including doorways in which lifts are installed, shall have outside light(s) which, when the door is open provide at least 1 foot-candle of illumination on the street surface for a distance of 3 feet perpendicular to all points on the bottom step tread outer edge. Such light(s) shall be located below window level and shielded to protect the eyes of the entering and existing passengers. Stepwells shall be lighted w i t h LED lights suitably mounted so that the entire stepwell and a portion of the ground area immediately outside the bus is illuminated. Interior dome lights shall be side wall mounted. All interior dome lights to be LED. There shall be a minimum of six dome lights in the passenger compartment of the bus. A LED dome light shall also be provided over the driver’s seat area. The driver’s seat area dome light shall be a separate circuit from the passenger area dome lights. Switches conveniently placed near the driver’s seat shall activate both sets of dome lights. All interior and exterior lights added by the second stage manufacturer to be LED. Exterior step well-well light will come as standard. Exterior lighting shall be LED type assemblies conforming to FMVSS and State requirements.

40 Instruments The following gauges and/or warning indicators shall be supplied: 1. Engine coolant temperature gauge 2. Oil pressure gauge or low pressure warning indicator 3. Fuel level gauge 4. Speedometer/odometer gauge 5. Driver shall be notified of the following conditions:

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• Low voltage • Low oil pressure • Headlights on high beam • Parking brake applied • Turn signals activated • Hazard flashers activated.

6. Air pressure gauge 7. DEF gauge 8. Engine hourmeter 9. Parking brake applied

41 Controls and Switches

All controls and switches shall be permanently labeled for quick and unmistakable identification and shall be lighted for nighttime operation. Glued identification decals are not acceptable. All controls must be within easy reach of the forward facing seated driver. Utilizing factory up fitter switch panel. The control panel will include a wiring quick disconnect (pull apart) feature to aid in engine cover removal. The requirement for a quick disconnect feature is applicable if an engine cover mount is utilized.

42 OEM Heater Fresh air type front hot water heater, with windshield defroster as installed by the vehicle manufacturer.

43 OEM Air Conditioning

Vehicle manufacturer standard.

44 Rear Heater ACT RTS-290 optional heating system or pre-approved alternate. 45 Passenger

Compartment Air Conditioning

ACT RTS-290 roof mounted evaporator with interior ducting, or approved alternative. Total rear air conditioning system to be a minimum of 75,000 BTU.

46 Windshield Wipers/Washers

Manufacturer’s standard for the vehicle involved. Washer supply tank shall be located under the hood for easy refill. Wipers shall be controlled by a four (4)-position switch having Off, Intermittent, Low, and High positions.

47 Sun Visor Padded type, fully adjustable, to provide sun glare protection either at the windshield or the driver’s side window. Friction device shall hold it securely in either location and in any position during. They shall be adjustable horizontally and vertically and shall meet requirements of Virginia law. Visor shall be constructed of heavy-duty material and assembled to last the life of the bus in normal operations.

48 Exterior Rear View Mirrors

Two exterior rear view mirrors to be included. To include an upper flat mirror and lower convex mirror. The upper flat mirror to be a minimum of 9” H x 6” W and the lower convex mirror to be a minimum of 3.5”H x 6” W. Driver’s side mirror shall be wing mounted and the passenger side mirror shall be Cab mounted. All mirrors to be heated and remote controlled. A 2-in-1 mirror head will be included. Rosco or pre-approved equal.

49 Passenger View Mirror

A 6” x 16” flat interior rear view mirror with safety glass and an off-set ball stud mount shall be placed over the windshield in a location that shall enable the driver to view the passenger area of the vehicle while seated. This flat ad-on interior rear view mirror must be mounted so that it will adjust up and down, right and left. Back of the vehicle interior shall be visible in the mirror.

50 Overhead standee rail

Two (2) overhead standee rails will come standard on all vehicles.

51 Vehicle Body The vehicle shall be a vertical sidewall design, which provides maximum shoulder room; slanted sidewalls such as a converted raised roof van are unacceptable. The body shall be constructed of steel frame members completely encircling the passenger compartment going from the floor supports on one side, across the roof and down to the floor supports on the other side to provide more or less of a roll bar at each body post location. These post assemblies, or roll bars, shall be tied together with longitudinal stringers at the top and bottom lines of the window openings and

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at least one on the body roof centerline to produce a safety cage design. The one piece roof shall be FRP or composite. The sidewall exterior panels shall be a minimum .060” aluminum or pre-approved equal. Fender skirts to be a minimum of .040” aluminum or pre-approved equal. Exterior seams shall be constructed in such a manner that they shed water. All exterior joints and seams shall be protected by the application and caulking compound zinc chromate type, butyl/rubber type or pre-approved equal. Body shall be thoroughly tested and made tight to prevent leakage. The vehicle must comply with the requirements of the Federal Motor Vehicle Safety Standards (FMVSS) as applicable.

52 Exterior Finish Shall be manufacturer’s standard fleet white base. Accent striping to match recipients specified fleet design to be included. No full body paints are required. The paint schemes required shall include up to three colors in addition to the white base color. All stripes to be painted. The stripes shall include a “clear coat” finish. Applied vinyl to match existing paint schemes will not be accepted. Paint to be Axalta automotive paint and stripes shall include a base coat and a clear coat. The transit system’s name and logo may be produced with 3M seven-year vinyl. All paint and graphics to be included in the base price of the bus; including logo reproduction on the exterior of the bus. The body metal shall be properly treated before final color paint to prevent rusting or corrosion. A can or bottle of exterior touch up paint shall be provided. If end user paint schemes are changed or modified during the life of this contract, vendor will be allowed to re-negotiate the cost to paint equipment if more resources are required for the modification.

53 Interior Colors Shall be chosen from the manufacturer’s standard colors. A color final interior scheme shall be furnished for FRED approval during the pre-production meeting.

54 Undercoating Underbody, including wheel housings, shall be treated to prevent corrosion wherever allowed by the vehicle OEM and the aftermarket converter. Proper care shall be taken to prevent any coating from being deposited on grease fittings, exhaust system, moving parts, brake hoses and drive shaft. The entire body frame assembly, access doors, fenders, cab, underbody, wheel housings, lower skirt panels, including closed-off body panel sections, and all welds shall be treated and rust-proofed with a commercial grade heavy-duty rust-proofing material.

55 Combination Roof Ventilator/ Emergency Exit

A combination roof ventilator emergency escape hatch with static exhaust vent shall be installed in the vehicle roof. Transpec Roof Hatch model #1170 Series Triple Value safety Vent II or pre-approved equal. An additional hatch may be added for the larger passenger vehicles.

56 Insulation The roof and sides including front and rear cab area are to be insulated and lined with high density expanded polystyrene with a minimum R factor of 6. Minimum thickness of 1” in the sidewalls and 1.5” in the roof. Sprayed in insulation is not acceptable. Interior of body, including roof, must be well insulated against heat, cold and noise.

Roof insulation shall be polystyrene EPS insulation.

Sidewall insulation shall meet the same specifications as roof insulation. It shall be installed in all sidewalls, window post areas, and areas over the front and rear wheelhouses.

57 Windows Transit type top T-Slider windows. 36”W x 36” H. Tempered safety glass with a minimum light transmission of 26% to reject sunlight. Passenger windows may be requested to be tinted (ex. utilizing “limo” tint) to reject sunlight.

58 Floor Sub Floor to be a minimum of ¾ marine grade plywood with galvanized belly metal moisture barrier or pre-approved equal, over floor steel structure. The plywood shall be attached to the floor structure utilizing structural adhesive or a minimum of grade five bolts.

59 Floor covering Floor shall be constructed of Transit grade, composite material having a design life of seven (7) years. Floor shall be reasonably level throughout. Floor shall be laid in such a manner as to

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be free from squeaks. The entire composite floor shall be thoroughly leveled and prepared for application of floor covering material.

Underframe shall be stiff enough to prevent floor from excessive flexing under normal loads. The floor shall be supported so that when a person of 150 pounds or more steps on any area, there will be no discernible flexing or movement.

The area at the farebox shall be of adequate strength to support the farebox safely and durably. Steps at the entrance/ exit shall be covered with ribbed flooring. Entrance and exit step treads shall include integral molded yellow noses.

Entrance area and front standee area shall be covered with ribbed flooring. The entrance area and the standee area are to be separated by a yellow strip molded into the flooring.

60 Farebox Wiring and Mounting

An approved farebox (ex. GFI Genfare Odyssey) shall be provided and installed. Installation location for the farebox shall be approved by FRED and must be able to be adequately spaced with ITS equipment, while allowing for adequate space for the transit operator.

The Contractor shall install all cabling, circuit protection and the like necessary for proper operation of the farebox. An under floor submersible junction box shall be installed immediately beneath the farebox mounting area. Farebox wiring harness shall be supplied and installed from the under floor junction box to the farebox mounting plate inside the bus.

A mounting kit shall be provided and installed on each bus. The ground strap shall be connected to the bus frame.

61 Interior / Sidewalls Laminated FRP from the seat track up to the sidewall transition panels. Laminated FRP from the seat track up to the sidewall transition panels. Laminated FRP from the seat track up to the sidewall transition panels. Floor covering to extend up from the floor to the bottom of the seat track in such a manner as to avoid corners.

62 Seating Vehicle shall include seating for a driver, a minimum of 22 ambulatory passengers; including two wheelchair passenger positions. Stationary passenger seats shall be Freedman Feather Weight Mid-Hi shuttle / paratransit bus seating or approved equal. Standard seat coverings shall include patterns up to and including Freedman Level Three seat coverings. All aisle side seats to include seat back grab handles. All seats to include seat belts. Minimum hip to knee dimension to be 33”.

The passenger seats shall meet flammability requirements of FMVSS-302. Arm rests for passenger seats must be an option. Additional seating styles and types shall be made available.

Contractor shall provide complete seating layout options. The layout shall include all seat dimensions, hip to knee space, wheelchair maneuvering dimensions, modesty panels, grab rails, stanchions, priority seating designation, etc. The seating layout shall also include the maximum forward facing seating. Seat cushions shall be individual passenger type contoured for occupant comfort and retention. Seat cushions shall be manufactured interchangeable with all other seat cushions of identical seats and shall be appropriately attached to the frame with snap fasteners. Screws shall not be used to attach any cushion to the seat frame. FRED shall approve the upholstery configuration prior to manufacture of the seats.

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All seating to be secured to tracking in the floor and side wall. The sidewall seat track to be welded or bolted to each vertical sidewall structure. The seat backs, sides, and any armrests shall be coated with Anti-Graffiti coating. Hand rails on seat backs must be available as an option.

63 Driver’s Seat Driver’s seat shall be a Bostrom air seat model T910 with fold down arm rest or approved equivalent. Driver’s seat to include a moveable armrest on the right side of the seat. Pricing for additional seat coverings shall be included as options.

64 Bumpers Shall be provided at both front and rear of vehicle. The front bumper to be standard Freightliner OEM chrome bumper. The rear bumper to be provided by the bus body manufacturer and wrap around the corners of the body to give protection against impact at the body corners. The rear bumper to include an expanded metal slip resistant step in the transition area between the rear door and the bumper.

65 Towing devices There shall be attachment points (4) at the front and rear of the bus. The towing devices shall be adequate in design and construction to permit towing the vehicle without distortion.

66 Safety Equipment The following safety equipment shall be mounted in an appropriate location within the vehicle so as not to interfere with driver or passengers.

- First aid kit, 25-unit size (minimum) - Fire extinguisher, 5# ABC type - Warning triangles, reflective type (1) three unit set - OSHA approved Body Fluid Clean-Up Kit

67 Radio Jensen JBR 550 AM/FM/CD Radio with a digital clock feature and a minimum of 4 speakers or approved equal.

68 Horn Control shall be push button, located in center of steering wheel. 69 Backup Alarm An electrical backup alarm, with related sensors, producing an intermittent sound or a buzzer

connected with backup lights shall be furnished. It shall be loud enough to be heard when the engine is running, yet not be too loud to annoy persons in their homes. Echovision obstacle detection system shall come as standard.

70 Passenger Stop Request Signal System

A passenger "Stop Request" chime system shall be installed.

The system shall consist of a yellow plastic coated wire rope, running horizontal from directly behind the front modesty panels to the last rear window of both sides of the bus. The cable shall run horizontal between the bottom of the top "opening" window and the top of the bottom "fixed" window. Such a cable shall not sag below the horizontal window frame more than a maximum of one inch (1”). Cable shall be affixed with reinforced eye loops at every window post. The pull cords shall not cause interference upon opening of windows.

The cable shall also run vertical at the wheelchair securement area and shall comply with ADA requirements. Tape switch may be substituted for pull cords in the wheelchair tie-down area upon activation of the "Stop Request". Such a sign shall have white lettering on a blue or black background. The sign shall remain illuminated until passengers exit the bus and the front door is cycled. The sign shall be illuminated via an LED light fixture.

The passenger signal shall chime only one (1) time to stop continuous use by passengers. System shall reset automatically when the front doors are cycled open and closed. The sign shall be equipped with an on/off switch located on the Operator’s console.

71 Public Address System

Contractor shall install a public address (PA) system as indicated below: Amplifier shall be secured in a protective waterproof housing in the Operator’s area. Contractor shall provide necessary noise suppression to prevent interference from alternator, fluorescent lighting and other sources.

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An external waterproof speaker shall be mounted on the undercarriage at the front of the bus and provide sufficient power and clarity so that announcements may be heard from a distance of fifty feet (50') from the bus.

Speaker selector switch shall be conveniently mounted to allow Operator to use interior speakers only, exterior speaker only, or all speakers. An On-Off power switch shall be mounted on the instrument panel. The bus shall be equipped with a microphone in the Driver’s compartment area, in a location to be approved by FRED’s Project Manager.

The manufacturer shall supply a headphone jack and hanger bracket at the top inside of the front stepwell modesty panel for connection of a handheld microphone for special service purposes. This connection shall power all speakers identical to the Operator's microphone.

72 Entry Door

Electrically operated via a rocker switch on the driver’s second stage console. Double outward opening transit door. Four step entry including the floor surface as one step. There shall be 1 ¼’ (minimum) grab rails parallel to the entry steps (both sides of entry). Each grab rail to be a minimum of 20” in length.

73 Wheelchair Lift Door System

Double wheelchair lift doors. Capable of accommodating a 34” x 51” a minimum of 800 lb. capacity lift (minimum). There shall be a fixed glass in each door. Doors to be include key lock. Both doors shall include a latching device. One door shall not be a held closed by the other door. Both doors to include rods that secure them at the top and the bottom of the door frame. Exterior handles shall be included on both doors that pivot the latching rods up and down to secure or release the door.

74 Doors – Keys Keys and locks for all keyed doors shall be supplied. All doors shall be properly sealed to prevent entry of air drafts and water into vehicle interior, including spray from commercial vehicle wash equipment and driven rain. Materials used for weather seals shall be designed to withstand carrying temperature extremes, road splash, salt and other exterior elements without cracking, leaking, loosening or deteriorating. Vehicle keys will be keyed the same/match as those in the existing fleet. Vendor shall supply 5 complete sets of keys upon delivery of vehicle.

75 Mud Flaps Durable mud flaps are to be provided to both the front and rear wheels. 76 Wheelchair Lift All wheelchair lifts shall meet all ADA requirements. In case of malfunction, the ramp shall

be manually stowable. Lift shall be equipped with a manual over-ride to permit lift to be raised or lowered manually in the event of a power failure or emergency. A passenger handrail shall be available on both sides of lift platform as an options. Braun Millennium wheelchair lift with a minimum of 800 lbs. capacity, or approved equal, to be installed in the side lift door and shall conform with all NHTSA regulations as well as the requirements outlined in FMVSS 404 and the ADA regulations Part 38, Subpart B – Buses, Vans and Systems, 38.23 Mobility Aid Accessibility (b) vehicle lift – pages 45757-45758. A complete set of maintenance schedules and operating instructions, schematics and a trouble-shooting guide shall be included with each lift.

77 Securement Devices There shall be two wheelchair tie down spaces (reference in seating diagram). All floor mounted attachments must meet the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.23 Mobility aid accessibility (d) securement devices, as well as ANSI/RESNA WC-18. Retractors must be self-tensioning and self-locking. Acceptable kits are Q’Straint QRT-3660 (Q-10007) Sure-Lok Titan 800 (AL812S-4C). Standard non-retractable lap and shoulder belts are acceptable. Floor retractors shall install into Series “L” track. A FE201145 storage container shall be provided for each securement station to allow clean storage of the system straps and belts when not in use. Two hand held web cutters shall be provided (Sure-Lok part number 8705 or Q’Straint part number Q5-7590).

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The restraint devices, at a minimum, shall include:

• Full Integration with flip up seats. • A black three-point lap/shoulder belt for passenger securement. The belt length shall

allow for large motorized mobility devices. • Front tensioning mechanism to prevent mobility device tip over. • Four endless loops per kit.

Contractor shall furnish wheelchair tie-down specifications of the equipment to be furnished. The latest model of the Q’Straint system shall be standard, or approved equal.

78 Stanchion and Grab Bars

Shall conform to the specifications as outlined in the ADA regulations Sub-part B-Buses, Vans, and Systems, 38.29 Interior circulation, handrails, and stanchions. The stanchions and grab rails shall be tubular, bright finished metal covering in energy absorbing padding. Stanchion and grab bars shall be of corrosion resistant stainless steel or equivalent. All stanchions shall be a minimum of 1.25 inches in diameter and shall be mounted in structural members with corrosive resistant mounting brackets. All stanchions shall be mounted floor to ceiling in structural members. Grab rails shall be provided to the left and right of the entrance door within reach from the ground to assist passengers in both boarding and alighting. There shall also be floor to ceiling stanchions on either side of the aisle at the entry to the passenger compartment. Both stanchions shall include a horizontal stanchion that attaches to the sidewall. In addition, the curbside stanchion shall include a modesty panel separating the first row of curbside seats from the step well.

79 Interior circulation, handrails and stanchions

Shall conform to the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.23 Interior circulation, handrails and stanchions.

80 Doors, Steps, Thresholds, Priority Seating, Interior Circulation, Handrails, and Stanchions.

Shall conform to the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.23 Doors, steps and thresholds. Priority seating shall confirm to the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.27 Priority seating signs. Interior circulation, handrails, and stanchions shall confirm to the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.29, interior circulation, handrails and stanchions.

81 License Brackets Vehicle shall be equipped with front and rear license plates brackets, to be installed on front and rear of the vehicle.

82 Cruise Control OEM Control to be included. 83 Destination Signs Front/Side Horizon destination signs

An automatic solid state electronic destination sign system, Luminator-Twin Vision All-LED, or approved equal, shall be furnished and installed in the bus by the manufacturer. The destination sign system shall consist of:

• Operator's Control Unit and Readout Display • All Cables and Accessories • PCMIA's or alternate programming media and Programming Software. An emergency message shall be activated by a push button or toggle switch in a location to be approved by FRED’s Project Manager. The emergency message shall be displayed on the front sign only while signs inside the vehicle, including the OCU display, remain unchanged. The emergency message shall be canceled by entering a new destination code, or power cycling (after removal of the emergency signal).

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A programming software package may be requested provided to generate message lists for the destination sign system. The program shall be designed to easily delete or add messages to an existing destination listing. Electronic sign system shall not interfere with radio communications system, public address system, or any other electronic equipment installed on the bus by the bus manufacturer or FRED.

FRED will provide the Contractor with a complete, up-to-date, list of Destination Sign codes to allow the signs to be preprogrammed with the correct readings.

84 OEM Service Information

One (1) OEM and bus service information hard copy and a digital, or web-based, to include related license fees.

85 Driver Protection Barrier

A barrier shall be provided directly in back of the Driver's station to separate the Driver from the passenger compartment. The barrier shall in no way interfere with the safe normal operation of the bus or restrict movement of the Driver's seat.

86 Emergency Alarm A Covert Emergency Alarm button shall be installed for the Operator’s use in dangerous situations. The alarm shall be integrated with the radio, audio listen-in microphone, the AVL and the CCTV. The Contractor shall offer placement proposals and FRED’s Project Manager will approve the location of the Covert Emergency Alarm button prior to the production build of the vehicles.

87 Driver Window Driver window control panel shall be on the vehicle door and electronic (not dash mounted). 88 Advertising Space

and Schedule and Information Holder

Infrastructure and space to accommodate advertising and informational placards will come as standard. Options for holders for on-vehicle paper schedules and/or announcement. Two (2) 8 X 11 holders shall come as standard.

89 Back up camera Rosco Moreview rearview mirror system, or pre-approved equal. 90 Miscellaneous

Interior Equipment

A storage space of no less than one and one-half (1 1/2) cubic feet shall be supplied in the Operator's area. Such an area shall be located within easy access of the Operator. The compartment door shall be secured by (non-keyed) locking devices. Final locations shall be determined at the pre-manufacturing meeting. An ITS equipment locker for RouteMatch and Angeltrax systems shall be provided, having sufficient size and access to cabling for equipment installations specified herein. Said locker shall not create passenger isolation or obscure windows.

91 Driver’s Station The design of the Driver's station shall have as its primary objective the provision of an environment for the Driver that will aid him or her to operate the bus safely and efficiently for long periods of time with minimum fatigue. Human factors design principles shall be used in the layout and proportioning of the Driver's station and its components with attention given to safety, "comfort and fatigue," body support; the size, shape and location of switches, levers, pedals and gauges; and all other factors that affect the design objective. The Driver's station shall accommodate Drivers who are of various heights and body proportions by the use of human factors design in locating and proportioning the devices in the station and by the use of adjustable components such as the Driver's seat and the steering column. It is required that the station accommodate Drivers within a height range of fifty-seven inches to seventy-six and one-half inches (57” – 76 ½”) comfortably.

The Contractor shall, as a joint effort with FRED’s Project Manager, determine the location of all equipment with respect to proper lighting, ease of operation, accessibility and passenger

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flow. Factors to be considered include, but are not limited to, the provision of mountings for determining the location of the farebox, radio speaker, radio control head and any other equipment supplied by FRED. Complete details of the Driver's station design shall be presented for approval by FRED.

92 Operator Storage Compartment

Options to be provided.

93 Cab Interior Options for full list of standard cab items to include, but not limited to – mats, consoles storage, cupholders, visors, seatbelts, stepwell lams, insulation, etc.

94 Computer-Aided Dispatch/Automatic Vehicle Location (CAD/AVL)

Contractor shall supply, install and make fully operational CAD/AVL by RouteMatch and radio systems (Motorola) for each bus. RouteMatch systems installed by the Contractor shall be fully compatible with the systems currently in use by FRED.

Contractor shall coordinate with FRED and RouteMatch ITS to configure the various interfaces between CAD/AVL system and other devices/systems to ensure compatibility with the RouteMatch CAD/AVL system currently in use at FRED. Contractor shall coordinate with FRED and RouteMatch ITS to determine location on bus for each component of the CAD/AVL and Radio system listed in this section. Contactor shall clearly state all assumptions made in determining the cost of the CAD/AVL and Radio system. Contractor shall provide all documentation and wiring diagrams for the CAD/AVL and Radio system as a part of the overall maintenance manual package for the bus. Mounting systems (on dash preferred) and related infrastructure for tablet will be selected by FRED transit as an option at time of order. Compartment to Store ITS Equipment – Options to be provided.

95 Bike Racks The Contractor shall install front mounted bicycle racks to each bus prior to delivery. The rack shall be a FMVSS compliant Sportworks having two (2) bicycle capacity, or approved equal, including all necessary brackets, mounting hardware and bike retention accessories. A sensor manufactured by Sportworks that warns the Operator when the rack is deployed shall be provided. The warning indicator shall be located on the dash in a location approved by FRED’s Project Manager.

The Contractor shall advise, during the approved equal period, if the bike rack installation will impact the front headlights of the bus design to be offered and what, if any, modifications are necessary to accommodate the specified racks. The mounted bike rack shall not interfere with attaching towing equipment, accessing towing connectors or obstruct the Driver’s field of vision.

96 Body Preparation/Paint and Decals

Color charts shall be furnished by the Contractor for FRED approval.

Both exterior and interior paint is to be Dupont low VOC, or approved equal.

Specific paint color numbers shall be provided to the Contractor at the pre-manufacturing meeting.

Exterior paint shall be a base coat clear coat paint system. The paint scheme shall be provided once FRED has completed its rebranding effort. Exterior manufacturer's emblem plate or decals shall not be installed.

97 Interior Signs All interior signs shall be supplied and installed by the contractor. All sign locations shall be reviewed by FRED’s Project Manager and approved prior to installation.

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"No Smoking, No Eating, No Loud Music, No Drinking" signage shall be placed in agreed upon locations on the vehicle. Related s igns/symbols can be provided.

Interior bus number in one (1) location. Location and number sequence shall be furnished to the Contractor.

Decal explaining instructions for operating the wheelchair lift, and a metal plate explaining instructions for operating the kneeling system shall be installed at an approved location in the Driver’s compartment area.

Decal "No Standing Ahead of the Yellow Line" shall be located on front destination sign door in an approved location. Decals for the chime system shall be provided at each window mullion and in appropriate areas at the wheelchair tie downs.

All emergency exit instructions decals/plates shall be installed in FRED approved locations, or as required by law. The decal “Fire Extinguisher”, white on red, shall indicate the location of the fire extinguisher.

98 Exterior Decals and Signs

Exterior bus numbers in four (4) locations shall be four inch (4") Scotchlite, reflective type material. Final locations shall be designated and approved by FRED.

"Diesel Fuel", to be located inside fuel filler door, manufactured of metal or plastic engraved.

a. The International Handicapped Symbol shall be furnished and installed at one (1) approved

location. This symbol must be the white symbol on a blue background, manufactured from 3M Scotchcal, or approved equal. Final size and location will be designated and approved by FRED’s Project Manager.

b. FRED logos, manufactured from 3M reflective vinyl, or approved equal, shall be furnished and installed by Contractor as per samples furnished by FRED, at approved locations.

c. "No Open Food Containers, Open Baby Strollers, Music Without Headphones " decal,

manufactured from 3M reflective vinyl, or approved equal, shall be furnished and installed by the Contractor in approved location.

d. "Exact Fare Please", manufactured from 3M reflective vinyl, or approved equal, decal shall

be furnished and installed by the Contractor per the sample furnished by FRED in an approved location.

e. "Wheelchair Lift/Kneeling" decal, manufactured from 3M vinyl, or approved equal, or

approved equal, shall be furnished and installed by the Contractor at the warning light in an approved location.

f. Number decals, manufactured from 3M vinyl, or approved equal, shall be provided and

installed in two (2) locations by the Contractor, per the sample furnished by the FRED in an approved location.

37T“Fire Extinguisher” on the locker is required.

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99 Security Camera System

Eight (8) Camera AngelTrax System – including all installation and wiring and related infrastructure.

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SPECIFICATIONS - VEHICLE B

Item # Feature Description 1 Gross Vehicle

Weight (GVW) 24,000 lbs. minimum

2 Front Axle To be equipped with heavy-duty axle and springs adequate for vehicle’s gross vehicle weight Minimum 8 K Axle

3 Rear Axle To be equipped with heavy-duty axle and springs adequate for vehicle’s gross vehicle weight. Minimum 15 K Axle Real axle ratio to be approximately 4:56:1

4 Brakes Brake system shall utilize Meritor four wheel antilock hydraulic disc brakes, provided for all wheels, front and rear. System shall be efficiency rated and of the heaviest duty available for the GVW of the vehicle involved. Brakes shall be capable, at a minimum, of stopping a full loaded vehicle. Braking system shall comply with FMVSS 105.

5 Base Chassis Freightliner S2C. Effectiveness of the design shall be documented by successful application of crashworthiness test. Results of such testing shall be submitted prior to delivery of first bus, and must meet the standards set forth in Federal Register Volume 47, No. 195, Section 2.1.2.10.

6 Engine Cummins B6.7 260 HP 7 Overall Length

Bumper to Bumper

382” inches minimum

8 Wheelbase 179” / 238” 9 Step Height from

Ground Maximum 11.5 inches

10 Ambulatory Passenger Door Entry Width

Minimum 32”

11 Ambulatory Passenger Door Entry Height

Minimum 79” clear opening

12 Side lift door entry width

Minimum 43”

13 Side lift door entry height

Minimum 68”

14 Aisle width – no arm rests

Minimum 18”

15 Step tread depth Minimum 11” 16 Step riser height Minimum 9.5 “

17 Shocks Shall be load rated and of the heaviest duty available, capable of controlling the ride in the vehicle when empty, as well as when loaded to the GVW. They shall be a heavy-duty type to give maximum trouble free life in transit operations, front and rear.

18 Suspension Suspension system shall be load rated and of the heaviest duty available for the GVW of the vehicle. Heavy duty shock absorbers are to be included and of the heaviest duty available, capable of controlling the ride in the vehicle empty, as well as when loaded to GVW. They shall be a heavy-duty type to give maximum trouble free life in transit operations. Utilizing the Air Liner Air Suspension with Dual leveling valves.

19 Automatic Transmission

Six speed electronic transmission with overdrive and must be compatible with the engine specified. Transmission shall be equipped with an audible back up alarm integrated with the reverse gear backing lights with parking pawl.

20 Reverse Camera/ Rearview Mirror

A waterproof rear view observation camera shall be included on the rear of the bus. The images captured by the camera shall be transmitted to a 7” LCD full color display located within a highly

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reflective glass surface which shall serve as a rear view mirror when not functioning as a rear view display screen. The display / mirror shall be installed in lieu of and in the same location as the OE rearview mirror, Rosco Moreview or approved equal.

21 Steering Power assisted steering equipped with a tilt and telescopic wheel. 22 Drive Shaft Rated capable of transmitting the torque multiplication of the power units to the drive wheels.

Safety guard is required to prevent a broken shaft from touching the ground or contacting any brake lines. Spicer u-joint series 1710.

23 Exhaust System Equipped with corrosion resistant muffler. No flexible tubing shall be used between the engine and the muffler. Exhaust shall exit beyond the perimeter of the vehicle and must exit at the driver’s rear or in the rearmost 24” of the driver’s side of the vehicle. Exhaust exiting to the curbside or curbside rear of the bus are prohibited.

24 Engine Air Cleaner Dry replacement element. Type and make to meet the engine manufacturer’s recommendation. 25 Fuel tank Largest capacity furnished by manufacturer, recommended minimum of 75 gallons. Fuel fill to

be located to provide easy servicing. Tank should be located in an area protected under the vehicle per manufacturer’s specification.

26 Parking Brake Manually operated working on the rear wheel brakes or driveshaft. The parking brake shall be capable of holding a fully loaded vehicle on a 15% incline. System shall incorporate a warning light on the instrument panel to indicate to the driver when the brake is on.

27 Tires and Wheels Vehicles shall be equipped with seven (7) premium tubeless, steel belted, black sidewall, all-weather radial tires. Tire size to be 245/70R19.5 16PLY. All primary tires and wheels shall be identical (i.e., no cross brands or models). Vehicles shall be equipped with the heaviest duty one piece ventilated wheels from Alcoa Aluminum vented wheels for the GVWR and tires specified by the vehicle manufacturer. One matching full size spare tire and wheel per vehicle is required loaded loose at delivery.

28 Vehicle Alignment Prior to delivery to FRED the vehicle shall be aligned at a shop approved by FRED’s Project Manager. The alignment shall include front axle, rear axle, ride height, driveline and pinon angle. Vendor will provide before and after measurements upon delivery.

29 Electrical Alternator

Minimum 320 AMP

30 Voltage Regulator Heaviest duty rated, as provided by vehicle manufacturer. 31 Batteries Three (3) 31 series heavy duty stud post batteries. 32 Electrical The bus shall be equipped with a power distribution system, adequately sized for all electrical

loads on the buses as specified, including air conditioning and wheelchair ramp. To the maximum practical extent, electrical distribution and control devices shall be grouped on an electrical panel arranged for ease of access, test, and replacement of components. The panel shall be large enough to avoid crowding of the components and leads. Component heat build-up shall not affect the components or mounting locations. There shall be a test plug receptacle for electronically diagnosing the engine using portable instruments.

A durable diagram shall be mounted, in the electrical panel that identifies the components and their function. Relays and circuit breakers shall be permanently labeled to correspond to this diagram.

33 Wiring Intermotive FlexTech or pre-approved equal electrical system with a programmable relay power enter. The FlexTech system shall be designed to improve diagnostic capabilities, eliminate the need for times, flashers, latching relays and multi-relay logic. The system shall include warning LED’s to simplify wiring troubleshooting. The system shall be designed to eliminate excessive wiring throughout the bus body and simplify wiring installation and routing via electronic module connectivity. All wiring shall be run inside the body in a protected area. Any wiring that is exposed to the elements shall be in loom and securely clipped for maximum protection. Clips

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shall be rubber or plastic coated to prevent them from cutting the wiring insulation. Electrical panels shall be located to be easily accessible from the interior of the bus body. Wiring shall be protected from weather and mechanical injury. Cables should be supported along their length and strain-relieved near terminations so that connectors and terminals are not under stress. As-Built wiring schematics for all wiring added by the body manufacturer. The schematics shall be made available to the recipient on a USB or disk.

All electronics components and boxes shall have quick disconnect plugs attached.

34 Interlock / Fast Idle

Interlock feature shall prohibit the vehicle from being put in gear or releasing the parking brake while the wheelchair lift access door is open. Vehicle will utilize engine manufactures high idle utilizing the cruise control switches.

35 Reflectors As required by FMVSS. 36 Directional Signals Compliant with FMVSS and state statues. Control switch shall be self-cancelling type mounted

on the steering column. Shall include a hazard-warning feature as required by FMVSS 108. A third, or center, LED brake light shall be mounted in the center of the vehicle above the rear door.

37 Clearance Lights Vehicle shall be equipped with LED clearance lighting at the highest practical point. Clearance light package shall be a minimum of ten (10) lights, five (5) amber at front and five (5) amber at rear. Clearance lights shall be a steady burn and shall operate in all modes in which the vehicle running lights operate.

38 Bulkhead Access Door

Bus to include an access door on the front bulkhead to provide access to the marker lights.

39 Lighting Conform to the specification as outlined in the ADA regulations Subpart B Buses, Vans and Systems, 38.31 Lighting. Any step well or doorway immediately adjacent to the driver shall have when the door is open at least 2-foot candles of illumination measured on the step tread or lift platform. Other doorways in which lifts are installed shall have at all times at least 2 foot-candles of illumination measured on the step tread or lift, when deployed at the vehicle floor level. The vehicle doorways, including doorways in which lifts are installed, shall have outside light(s) which, when the door is open provide at least 1 foot-candle of illumination on the street surface for a distance of 3 feet perpendicular to all points on the bottom step tread outer edge. Such light(s) shall be located below window level and shielded to protect the eyes of the entering and existing passengers. Stepwells shall be lighted w i t h LED lights suitably mounted so that the entire stepwell and a portion of the ground area immediately outside the bus is illuminated. Interior dome lights shall be side wall mounted. All interior dome lights to be LED. There shall be a minimum of six dome lights in the passenger compartment of the bus. A LED dome light shall also be provided over the driver’s seat area. The driver’s seat area dome light shall be a separate circuit from the passenger area dome lights. Switches conveniently placed near the driver’s seat shall activate both sets of dome lights. All interior and exterior lights added by the second stage manufacturer to be LED. Exterior step well-well light will come as standard. Exterior lighting shall be LED type assemblies conforming to FMVSS and State requirements.

40 Instruments The following gauges and/or warning indicators shall be supplied: 1. Engine coolant temperature gauge 2. Oil pressure gauge or low pressure warning indicator 3. Fuel level gauge 4. Speedometer/odometer gauge 5. Driver shall be notified of the following conditions:

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• Low voltage • Low oil pressure • Headlights on high beam • Parking brake applied • Turn signals activated • Hazard flashers activated.

6. Air pressure gauge 7. DEF gauge 8. Engine hourmeter 9. Parking brake applied

41 Controls and Switches

All controls and switches shall be permanently labeled for quick and unmistakable identification and shall be lighted for nighttime operation. Glued identification decals are not acceptable. All controls must be within easy reach of the forward facing seated driver. Utilizing factory up fitter switch panel. The control panel will include a wiring quick disconnect (pull apart) feature to aid in engine cover removal. The requirement for a quick disconnect feature is applicable if an engine cover mount is utilized.

42 OEM Heater Fresh air type front hot water heater, with windshield defroster as installed by the vehicle manufacturer.

43 OEM Air Conditioning

Vehicle manufacturer standard.

44 Rear Heater ACT RTS-290 optional heating system or pre-approved alternate. 45 Passenger

Compartment Air Conditioning

ACT RTS-290 roof mounted evaporator with interior ducting, or approved alternative. Total rear air conditioning system to be a minimum of 75,000 BTU.

46 Windshield Wipers/Washers

Manufacturer’s standard for the vehicle involved. Washer supply tank shall be located under the hood for easy refill. Wipers shall be controlled by a four (4)-position switch having Off, Intermittent, Low, and High positions.

47 Sun Visor Padded type, fully adjustable, to provide sun glare protection either at the windshield or the driver’s side window. Friction device shall hold it securely in either location and in any position during. They shall be adjustable horizontally and vertically and shall meet requirements of Virginia law. Visor shall be constructed of heavy-duty material and assembled to last the life of the bus in normal operations.

48 Exterior Rear View Mirrors

Two exterior rear view mirrors to be included. To include an upper flat mirror and lower convex mirror. The upper flat mirror to be a minimum of 9” H x 6” W and the lower convex mirror to be a minimum of 3.5”H x 6” W. Driver’s side mirror shall be wing mounted and the passenger side mirror shall be Cab mounted. All mirrors to be heated and remote controlled. A 2-in-1 mirror head will be included. Rosco or pre-approved equal.

49 Passenger View Mirror

A 6” x 16” flat interior rear view mirror with safety glass and an off-set ball stud mount shall be placed over the windshield in a location that shall enable the driver to view the passenger area of the vehicle while seated. This flat ad-on interior rear view mirror must be mounted so that it will adjust up and down, right and left. Back of the vehicle interior shall be visible in the mirror.

50 Overhead standee rail

Two (2) overhead standee rails will come standard on all vehicles.

51 Vehicle Body The vehicle shall be a vertical sidewall design, which provides maximum shoulder room; slanted sidewalls such as a converted raised roof van are unacceptable. The body shall be constructed of steel frame members completely encircling the passenger compartment going from the floor supports on one side, across the roof and down to the floor supports on the other side to provide more or less of a roll bar at each body post location. These post assemblies, or roll bars, shall be tied together with longitudinal stringers at the top and bottom lines of the window openings and

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at least one on the body roof centerline to produce a safety cage design. The one piece roof shall be FRP or composite. The sidewall exterior panels shall be a minimum .060” aluminum or pre-approved equal. Fender skirts to be a minimum of .040” aluminum or pre-approved equal. Exterior seams shall be constructed in such a manner that they shed water. All exterior joints and seams shall be protected by the application and caulking compound zinc chromate type, butyl/rubber type or pre-approved equal. Body shall be thoroughly tested and made tight to prevent leakage. The vehicle must comply with the requirements of the Federal Motor Vehicle Safety Standards (FMVSS) as applicable.

52 Exterior Finish Shall be manufacturer’s standard fleet white base. Accent striping to match recipients specified fleet design to be included. No full body paints are required. The paint schemes required shall include up to three colors in addition to the white base color. All stripes to be painted. The stripes shall include a “clear coat” finish. Applied vinyl to match existing paint schemes will not be accepted. Paint to be Axalta automotive paint and stripes shall include a base coat and a clear coat. The transit system’s name and logo may be produced with 3M seven-year vinyl. All paint and graphics to be included in the base price of the bus; including logo reproduction on the exterior of the bus. The body metal shall be properly treated before final color paint to prevent rusting or corrosion. A can or bottle of exterior touch up paint shall be provided. If end user paint schemes are changed or modified during the life of this contract, vendor will be allowed to re-negotiate the cost to paint equipment if more resources are required for the modification.

53 Interior Colors Shall be chosen from the manufacturer’s standard colors. A color final interior scheme shall be furnished for FRED approval during the pre-production meeting.

54 Undercoating Underbody, including wheel housings, shall be treated to prevent corrosion wherever allowed by the vehicle OEM and the aftermarket converter. Proper care shall be taken to prevent any coating from being deposited on grease fittings, exhaust system, moving parts, brake hoses and drive shaft. The entire body frame assembly, access doors, fenders, cab, underbody, wheel housings, lower skirt panels, including closed-off body panel sections, and all welds shall be treated and rust-proofed with a commercial grade heavy-duty rust-proofing material.

55 Combination Roof Ventilator/ Emergency Exit

A combination roof ventilator emergency escape hatch with static exhaust vent shall be installed in the vehicle roof. Transpec Roof Hatch model #1170 Series Triple Value safety Vent II or pre-approved equal. An additional hatch may be added for the larger passenger vehicles.

56 Insulation The roof and sides including front and rear cab area are to be insulated and lined with high density expanded polystyrene with a minimum R factor of 6. Minimum thickness of 1” in the sidewalls and 1.5” in the roof. Sprayed in insulation is not acceptable. Interior of body, including roof, must be well insulated against heat, cold and noise.

Roof insulation shall be polystyrene EPS insulation.

Sidewall insulation shall meet the same specifications as roof insulation. It shall be installed in all sidewalls, window post areas, and areas over the front and rear wheelhouses.

57 Windows Transit type top T-Slider windows. 36”W x 36” H. Tempered safety glass with a minimum light transmission of 26% to reject sunlight. Passenger windows may be requested to be tinted (ex. utilizing “limo” tint) to reject sunlight.

58 Floor Sub Floor to be a minimum of ¾ marine grade plywood with galvanized belly metal moisture barrier or pre-approved equal, over floor steel structure. The plywood shall be attached to the floor structure utilizing structural adhesive or a minimum of grade five bolts.

59 Floor covering Altro Transflor vinyl safety flooring. Flooring material, or approved equal, color shall be chosen by FRED. Floor covering shall be butt joined. Should any gaps be unavoidable, they shall be filled with color matching material so as to be tight against any influx or seepage of

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water present in any uneven floor edges which might cause a person, walking on them, to trip. The floor covering shall be color keyed providing a visual contrast to the interior. The minimum choices for the floor color shall include black, tan, charcoal and blue. A yellow standee line shall be included at the forward area of the passenger compartment. The entry steps to include a yellow step nosing covering the leading edge of the step riser. The floor shall be cleaned thoroughly before delivery. Vendor shall be required to provide as standard. Additional flooring shall also be provided as options. Floor shall be constructed of Transit grade, composite material having a design life of seven (7) years. Floor shall be reasonably level throughout. Floor shall be laid in such a manner as to be free from squeaks. The entire composite floor shall be thoroughly leveled and prepared for application of floor covering material.

Underframe shall be stiff enough to prevent floor from excessive flexing under normal loads. The floor shall be supported so that when a person of 150 pounds or more steps on any area, there will be no discernible flexing or movement.

The area at the farebox shall be of adequate strength to support the farebox safely and durably. Steps at the entrance/ exit shall be covered with ribbed flooring. Entrance and exit step treads shall include integral molded yellow noses.

Entrance area and front standee area shall be covered with ribbed flooring. The entrance area and the standee area are to be separated by a yellow strip molded into the flooring.

60 Farebox Wiring and Mounting

An approved farebox (ex. GFI Genfare Odyssey) shall be provided and installed. Installation location for the farebox shall be approved by FRED and must be able to be adequately spaced with ITS equipment, while allowing for adequate space for the transit operator.

The Contractor shall install all cabling, circuit protection and the like necessary for proper operation of the farebox. An under floor submersible junction box shall be installed immediately beneath the farebox mounting area. Farebox wiring harness shall be supplied and installed from the under floor junction box to the farebox mounting plate inside the bus.

A mounting kit shall be provided and installed on each bus. The ground strap shall be connected to the bus frame.

61 Interior / Sidewalls Laminated FRP from the seat track up to the sidewall transition panels. Laminated FRP from the seat track up to the sidewall transition panels. Floor covering to extend up from the floor to the bottom of the seat track in such a manner as to avoid corners.

62 Seating Vehicle shall include seating for a driver, a minimum of 22 ambulatory passengers; including two wheelchair passenger positions. Stationary passenger seats shall be Freedman Feather Weight Mid-Hi shuttle / paratransit bus seating or approved equal. Standard seat coverings shall include patterns up to and including Freedman Level Three seat coverings. All aisle side seats to include seat back grab handles. All seats to include seat belts. Minimum hip to knee dimension to be 33”.

The passenger seats shall meet flammability requirements of FMVSS-302. Arm rests for passenger seats must be an option. Additional seating styles and types shall be made available.

Contractor shall provide complete seating layout options. The layout shall include all seat dimensions, hip to knee space, wheelchair maneuvering dimensions, modesty panels, grab rails,

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stanchions, priority seating designation, etc. The seating layout shall also include the maximum forward facing seating. Seat cushions shall be individual passenger type contoured for occupant comfort and retention. Seat cushions shall be manufactured interchangeable with all other seat cushions of identical seats and shall be appropriately attached to the frame with snap fasteners. Screws shall not be used to attach any cushion to the seat frame. FRED shall approve the upholstery configuration prior to manufacture of the seats.

All seating to be secured to tracking in the floor and side wall. The sidewall seat track to be welded or bolted to each vertical sidewall structure. The seat backs, sides, and any armrests shall be coated with Anti-Graffiti coating. Hand rails on seat backs must be available as an option.

63 Driver’s Seat Driver’s seat shall be a Bostrom air seat model T910 with fold down arm rest or approved equivalent. Driver’s seat to include a moveable armrest on the right side of the seat. Pricing for additional seat coverings shall be included as options.

64 Bumpers Shall be provided at both front and rear of vehicle. The front bumper to be standard Freightliner OEM chrome bumper. The rear bumper to be provided by the bus body manufacturer and wrap around the corners of the body to give protection against impact at the body corners. The rear bumper to include an expanded metal slip resistant step in the transition area between the rear door and the bumper.

65 Towing devices There shall be attachment points (4) at the front and rear of the bus. The towing devices shall be adequate in design and construction to permit towing the vehicle without distortion.

66 Safety Equipment The following safety equipment shall be mounted in an appropriate location within the vehicle so as not to interfere with driver or passengers.

- First aid kit, 25-unit size (minimum) - Fire extinguisher, 5# ABC type - Warning triangles, reflective type (1) three unit set - OSHA approved Body Fluid Clean-Up Kit

67 Radio Jensen JBR 550 AM/FM/CD Radio with a digital clock feature and a minimum of 4 speakers or approved equal.

68 Horn Control shall be push button, located in center of steering wheel. 69 Backup Alarm An electrical backup alarm, with related sensors, producing an intermittent sound or a buzzer

connected with backup lights shall be furnished. It shall be loud enough to be heard when the engine is running, yet not be too loud to annoy persons in their homes. Echovision obstacle detection system shall come as standard.

70 Passenger Stop Request Signal System

A passenger "Stop Request" chime system shall be installed.

The system shall consist of a yellow plastic coated wire rope, running horizontal from directly behind the front modesty panels to the last rear window of both sides of the bus. The cable shall run horizontal between the bottom of the top "opening" window and the top of the bottom "fixed" window. Such a cable shall not sag below the horizontal window frame more than a maximum of one inch (1”). Cable shall be affixed with reinforced eye loops at every window post. The pull cords shall not cause interference upon opening of windows.

The cable shall also run vertical at the wheelchair securement area and shall comply with ADA requirements. Tape switch may be substituted for pull cords in the wheelchair tie-down area upon activation of the "Stop Request". Such a sign shall have white lettering on a blue or black background. The sign shall remain illuminated until passengers exit the bus and the front door is cycled. The sign shall be illuminated via an LED light fixture.

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The passenger signal shall chime only one (1) time to stop continuous use by passengers. System shall reset automatically when the front doors are cycled open and closed. The sign shall be equipped with an on/off switch located on the Operator’s console.

71 Public Address System

Contractor shall install a public address (PA) system as indicated below: Amplifier shall be secured in a protective waterproof housing in the Operator’s area. Contractor shall provide necessary noise suppression to prevent interference from alternator, fluorescent lighting and other sources. An external waterproof speaker shall be mounted on the undercarriage at the front of the bus and provide sufficient power and clarity so that announcements may be heard from a distance of fifty feet (50') from the bus.

Speaker selector switch shall be conveniently mounted to allow Operator to use interior speakers only, exterior speaker only, or all speakers. An On-Off power switch shall be mounted on the instrument panel. The bus shall be equipped with a microphone in the Driver’s compartment area, in a location to be approved by FRED’s Project Manager.

The manufacturer shall supply a headphone jack and hanger bracket at the top inside of the front stepwell modesty panel for connection of a handheld microphone for special service purposes. This connection shall power all speakers identical to the Operator's microphone.

72 Entry Door

Electrically operated via a rocker switch on the driver’s second stage console. Double outward opening transit door. Four step entry including the floor surface as one step. There shall be 1 ¼’ (minimum) grab rails parallel to the entry steps (both sides of entry). Each grab rail to be a minimum of 20” in length.

73 Wheelchair Lift Door System

Double wheelchair lift doors. Capable of accommodating a 34” x 51” 800 lb. capacity lift (minimum). There shall be a fixed glass in each door. Doors to be include key lock. Both doors shall include a latching device. One door shall not be a held closed by the other door. Both doors to include rods that secure them at the top and the bottom of the door frame. Exterior handles shall be included on both doors that pivot the latching rods up and down to secure or release the door.

74 Doors – Keys Keys and locks for all keyed doors shall be supplied. All doors shall be properly sealed to prevent entry of air drafts and water into vehicle interior, including spray from commercial vehicle wash equipment and driven rain. Materials used for weather seals shall be designed to withstand carrying temperature extremes, road splash, salt and other exterior elements without cracking, leaking, loosening or deteriorating. Vehicle keys will be keyed the same/match as those in the existing fleet. Vendor shall supply 5 complete sets of keys upon delivery of vehicle.

75 Mud Flaps Durable mud flaps are to be provided to both the front and rear wheels. 76 Wheelchair Lift All wheelchair lifts shall meet all ADA requirements. In case of malfunction, the ramp shall

be manually stowable. Lift shall be equipped with a manual over-ride to permit lift to be raised or lowered manually in the event of a power failure or emergency. A passenger handrail shall be available on both sides of lift platform as an options. Braun Millennium wheelchair lift with a minimum of 800 lbs capacity, or approved equal, to be installed in the side lift door and shall conform with all NHTSA regulations as well as the requirements outlined in FMVSS 404 and the ADA regulations Part 38, Subpart B – Buses, Vans and Systems, 38.23 Mobility Aid Accessibility (b) vehicle lift – pages 45757-45758. A complete set of maintenance schedules and operating instructions, schematics and a trouble-shooting guide shall be included with each lift.

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77 Securement Devices

There shall be two wheelchair tie down spaces (reference seating in diagram). All floor mounted attachments must meet the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.23 Mobility aid accessibility (d) securement devices, as well as ANSI/RESNA WC-18. Retractors must be self-tensioning and self-locking. Acceptable kits are Q’Straint QRT-3660 (Q-10007) Sure-Lok Titan 800 (AL812S-4C). Standard non-retractable lap and shoulder belts are acceptable. Floor retractors shall install into Series “L” track. A FE201145 storage container shall be provided for each securement station to allow clean storage of the system straps and belts when not in use. Two hand held web cutters shall be provided (Sure-Lok part number 8705 or Q’Straint part number Q5-7590). The restraint devices, at a minimum, shall include:

• Full Integration with flip up seats. • A black three-point lap/shoulder belt for passenger securement. The belt length shall

allow for large motorized mobility devices. • Front tensioning mechanism to prevent mobility device tip over. • Four endless loops per kit.

Contractor shall furnish wheelchair tie-down specifications of the equipment to be furnished. The latest model of the Q’Straint system shall be standard, or approved equal.

78 Stanchion and Grab Bars

Shall conform to the specifications as outlined in the ADA regulations Sub-part B-Buses, Vans, and Systems, 38.29 Interior circulation, handrails, and stanchions. The stanchions and grab rails shall be tubular, bright finished metal covering in energy absorbing padding. Stanchion and grab bars shall be of corrosion resistant stainless steel or equivalent. All stanchions shall be a minimum of 1.25 inches in diameter and shall be mounted in structural members with corrosive resistant mounting brackets. All stanchions shall be mounted floor to ceiling in structural members. Grab rails shall be provided to the left and right of the entrance door within reach from the ground to assist passengers in both boarding and alighting. There shall also be floor to ceiling stanchions on either side of the aisle at the entry to the passenger compartment. Both stanchions shall include a horizontal stanchion that attaches to the sidewall. In addition, the curbside stanchion shall include a modesty panel separating the first row of curbside seats from the step well.

79 Interior circulation, handrails and stanchions

Shall conform to the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.23 Interior circulation, handrails and stanch ions.

80 Doors, Steps, Thresholds, Priority Seating

Shall conform to the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.23 Doors, steps and thresholds. Priority seating shall confirm to the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.27 Priority seating signs. Interior circulation, handrails, and stanchions shall confirm to the specifications as outlined in the ADA regulations Subpart B-Buses, Vans and Systems, 38.29, interior circulation, handrails and stanchions.

81 License Brackets Vehicle shall be equipped with front and rear license plates brackets, to be installed on front and rear of the vehicle.

82 Cruise Control OEM Control to be included. 83 Destination Signs Front/Side Horizon destination signs

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An automatic solid state electronic destination sign system, Luminator-Twin Vision All-LED, or approved equal, shall be furnished and installed in the bus by the manufacturer. The destination sign system shall consist of:

• Operator's Control Unit and Readout Display • All Cables and Accessories • PCMIA's or alternate programming media and Programming Software. An emergency message shall be activated by a push button or toggle switch in a location to be approved by FRED’s Project Manager. The emergency message shall be displayed on the front sign only while signs inside the vehicle, including the OCU display, remain unchanged. The emergency message shall be canceled by entering a new destination code, or power cycling (after removal of the emergency signal).

A programming software package may be requested provided to generate message lists for the destination sign system. The program shall be designed to easily delete or add messages to an existing destination listing. Electronic sign system shall not interfere with radio communications system, public address system, or any other electronic equipment installed on the bus by the bus manufacturer or FRED.

FRED will provide the Contractor with a complete, up-to-date, list of Destination Sign codes to allow the signs to be preprogrammed with the correct readings.

84 OEM Service Information

One (1) OEM and bus service information hard copy, digital, or web-based, to include related license fees.

85 Driver Protection Barrier

A barrier shall be provided directly in back of the Driver's station to separate the Driver from the passenger compartment. The barrier shall in no way interfere with the safe normal operation of the bus or restrict movement of the Driver's seat.

86 Emergency Alarm A Covert Emergency Alarm button shall be installed for the Operator’s use in dangerous situations. The alarm shall be integrated with the radio, audio listen-in microphone, the AVL and the CCTV. The Contractor shall offer placement proposals and FRED’s Project Manager will approve the location of the Covert Emergency Alarm button prior to the production build of the vehicles.

87 Driver Window Driver window control panel shall be on the vehicle door and electronic (not dash mounted). 88 Advertising Space

and Schedule and Information Holder

Infrastructure and space to accommodate advertising and informational placards will come as standard. Options for holders for on-vehicle paper schedules and/or announcement. Two (2) 8 X 11 holders shall come as standard.

89 Back up camera Rosco Moreview rearview mirror system, or pre-approved equal. 90 Miscellaneous

Interior Equipment

A storage space of no less than one and one-half (1 1/2) cubic feet shall be supplied in the Operator's area. Such an area shall be located within easy access of the Operator. The compartment door shall be secured by (non-keyed) locking devices. Final locations shall be determined at the pre-manufacturing meeting. An ITS equipment locker for RouteMatch and AngelTrax systems shall be provided, having sufficient size and access to cabling for equipment installations specified herein. Said locker shall not create passenger isolation or obscure windows.

91 Driver’s Station The design of the Driver's station shall have as its primary objective the provision of an environment for the Driver that will aid him or her to operate the bus safely and efficiently for long periods of time with minimum fatigue. Human factors design principles shall be used

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in the layout and proportioning of the Driver's station and its components with attention given to safety, "comfort and fatigue," body support; the size, shape and location of switches, levers, pedals and gauges; and all other factors that affect the design objective. The Driver's station shall accommodate Drivers who are of various heights and body proportions by the use of human factors design in locating and proportioning the devices in the station and by the use of adjustable components such as the Driver's seat and the steering column. It is required that the station accommodate Drivers within a height range of fifty-seven inches to seventy-six and one-half inches (57” – 76 ½”) comfortably.

The Contractor shall, as a joint effort with FRED’s Project Manager, determine the location of all equipment with respect to proper lighting, ease of operation, accessibility and passenger flow. Factors to be considered include, but are not limited to, the provision of mountings for determining the location of the farebox, radio speaker, radio control head and any other equipment supplied by FRED. Complete details of the Driver's station design shall be presented for approval by FRED.

92 Operator Storage Compartment

Options to be provided.

93 Cab Interior Options for full list of standard cab items to include, but not limited to – mats, consoles storage, cupholders, visors, seatbelts, stepwell lams, insulation, etc.

94 Computer-Aided Dispatch/Automatic Vehicle Location (CAD/AVL)

Contractor shall supply, install and make fully operational CAD/AVL and radio systems by RouteMatch –each bus. RouteMatch systems installed by the Contractor shall be fully compatible with the systems currently in use by FRED.

Contractor shall coordinate with FRED and RouteMatch ITS to configure the various interfaces between CAD/AVL system and other devices/systems to ensure compatibility with the RouteMatch CAD/AVL system currently in use at FRED. Contractor shall coordinate with FRED and RouteMatch ITS to determine location on bus for each component of the CAD/AVL and Radio system listed in this section. Contactor shall clearly state all assumptions made in determining the cost of the CAD/AVL and Radio system. Contractor shall provide all documentation and wiring diagrams for the CAD/AVL and Radio system as a part of the overall maintenance manual package for the bus. Mounting systems (on dash preferred) and related infrastructure for tablet will be selected by FRED transit as an option at time of order. Compartment to Store ITS Equipment – Options to be provided

95 Bike Racks The Contractor shall install front mounted bicycle racks to each bus prior to delivery. The rack shall be a FMVSS compliant Sportworks having two (2) bicycle capacity, or approved equal, including all necessary brackets, mounting hardware and bike retention accessories. A sensor manufactured by Sportworks that warns the Operator when the rack is deployed shall be provided. The warning indicator shall be located on the dash in a location approved by FRED’s Project Manager.

The Contractor shall advise, during the approved equal period, if the bike rack installation will impact the front headlights of the bus design to be offered and what, if any, modifications are necessary to accommodate the specified racks. The mounted bike rack shall not interfere with attaching towing equipment, accessing towing connectors or obstruct the Driver’s field of vision.

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96 Body Preparation/Paint and Decals

Color charts shall be furnished by the Contractor for FRED approval.

Both exterior and interior paint is to be Dupont low VOC, or approved equal.

Specific paint color numbers shall be provided to the Contractor at the pre-manufacturing meeting.

Exterior paint shall be a base coat clear coat paint system. The paint scheme shall be provided once FRED has completed its rebranding effort. Exterior manufacturer's emblem plate or decals shall not be installed.

97 Interior Signs All interior signs shall be supplied and installed by the contractor. All sign locations shall be reviewed by FRED’s Project Manager and approved prior to installation.

"No Smoking, No Eating, No Loud Music, No Drinking" signage shall be placed in agreed upon locations on the vehicle. Related s igns/symbols can be provided.

Interior bus number in one (1) location. Location and number sequence shall be furnished to the Contractor.

Decal explaining instructions for operating the wheelchair lift, and a metal plate explaining instructions for operating the kneeling system shall be installed at an approved location in the Driver’s compartment area.

Decal "No Standing Ahead of the Yellow Line" shall be located on front destination sign door in an approved location. Decals for the chime system shall be provided at each window mullion and in appropriate areas at the wheelchair tie downs.

All emergency exit instructions decals/plates shall be installed in FRED approved locations, or as required by law. The decal “Fire Extinguisher”, white on red, shall indicate the location of the fire extinguisher.

98 Exterior Decals and Signs

Exterior bus numbers in four (4) locations shall be four inch (4") Scotchlite, reflective type material. Final locations shall be designated and approved by FRED.

"Diesel Fuel", to be located inside fuel filler door, manufactured of metal or plastic engraved.

a. The International Handicapped Symbol shall be furnished and installed at one (1) approved

location. This symbol must be the white symbol on a blue background, manufactured from 3M Scotchcal, or approved equal. Final size and location will be designated and approved by FRED’s Project Manager.

b. FRED logos, manufactured from 3M reflective vinyl, or approved equal, shall be furnished and installed by Contractor as per samples furnished by FRED, at approved locations.

c. "No Open Food Containers, Open Baby Strollers, Music Without Headphones " decal, manufactured from 3M reflective vinyl, or approved equal, shall be furnished and installed by the Contractor per the sample furnished by FRED in approved location.

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d. "Exact Fare Please", manufactured from 3M reflective vinyl, or approved equal, decal shall be furnished and installed by the Contractor per the sample furnished by FRED in an approved location.

e. "Wheelchair Lift/Kneeling" decal, manufactured from 3M vinyl, or approved equal, or approved equal, shall be furnished and installed by the Contractor at the warning light in an approved location.

f. Number decals, manufactured from 3M vinyl, or approved equal, shall be provided and installed in two (2) locations by the Contractor, per the sample furnished by the FRED in an approved location.

g. 37T“Fire Extinguisher” on the locker is required.

99 Security Camera System

Eight (8) Camera AngelTrax System – including all installation and wiring and related infrastructure.

FLOOR PLANS: Offerors are required to submit a floor plan(s) with their offer specifically drawn for this procurement. The floor plan shall be drawn to scale and clearly indicate hip and knee dimensions. BASE VEHICLE PRICE: To include all components above.

10. VEHICLE REQUIREMENTS The requirements provided in this solicitation are for the base vehicle. All components, unless otherwise required by these specifications, shall be the standard or optional equipment specifically advertised and installed by the manufacturer for the vehicle which the Offeror proposes to furnish. The only source of information in determining whether or not the equipment specifically advertised for the vehicle being offered shall be the manufacturer’s published vehicle literature. Any equipment called for in these specifications which is not listed by the manufacturer as standard or optional for the model being offered is subject to FRED’s approval. Not all equipment required by this specification is factory installed. Certain items are not available from the Manufacturer. It is the Offeror’s responsibility to review the specifications in detail to ensure that you have outside sources of supply where necessary and the capability to fulfill the dealer installation of these items. Vehicles and equipment must conform to the requirements set forth. Minimum requirements are stated for certain equipment and may be exceeded, subject to FRED’s approval.

11. INTERNATIONAL ORGANIZATION FOR STANDARDIZATION All Offerors will be required to submit an ISO 9001:2008 supplier’s certification for the bus body manufacturer. Proof of certification shall accompany proposal. ISO 9001:2008 was implemented to insure suppliers conform to strict standards regarding the manufacturer’s Quality Management System. The manufacturer’s ISO 9001:2008 certification insures compliance with the customer’s quality requirements and applicable regulatory requirements.

12. TESTING a. The vehicle provided shall be fully tested to assure compliance with the performance and safety

requirements of the specifications. T h e Contractor shall be required to provide test results and/or certifications ensuring compliance with the requirements of the Specifications within ten (10) days of FRED’s request or prior to deliver (whichever is sooner). Certifications or written documentation outlining test procedures and results shall be prepared by a Professional Engineer and/or test laboratory certifying compliance with the requirements of the appropriate section of the technical specification and shall be provided by the Contractor for approval by FRED.

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b. Contractor shall be required to demonstrate compliance with any of the performance requirements of the Specifications. Minimum testing that shall be required includes:

1) Cooling System Performance 2) AC Performance and thermal pull down/up 3) Acceleration 4) Gradability 5) Internal Noise 6) External Noise 7) Passenger Door(s) Opening and Closing Speed including obstruction detection 8) Lighting Levels 9) Turning Radius 10) Water Test (intrusion) 11) Brake Force and Stopping Distance

13. 37TWARRANTIES

37TThe vehicle to be furnished shall conform to all applicable Federal and Motor Vehicle Safety Standards and all equipment shall conform to Title 46.1, Chapter 4, Article 9 of the Code of Virginia and shall include a valid State Inspection Sticker. Chassis to be a standard proven model of manufacturer’s latest current production and include all standard equipment as advertised with additional optional equipment as provided in this solicitation. All components, unless otherwise required by these specifications, shall be the standard or optional equipment specifically advertised and installed by the manufacturer; including, any additional warranties. 37T13.1 Warranties 37TIt is anticipated that maintenance and repairs of the new buses will be performed by FRED at its Maintenance facility. However, as is typical of new buses, the Contractor shall offer a warranty for major components of the buses, including the following:

• 37TComplete Bus (Structural)

• 37TEngine

• 37TTransmission

• 37TPaint and Body

• 37TAir Conditioning

• 37TStarter, Alternator, Regulator, Heater, Air Cooler

• 37TDoor Systems

37TWarranties on other components may be proposed as enhancements to this solicitation in of the proposal. All cost associated with warranties proposed as enhancements shall be included as part of the proposal. 37TIt is understood that warranty work on major components where the base warranty is provided by others (e.g., Cummins) shall be performed at locations outside of FRED facilities. The Proposal shall include how this type of work will be performed and disabled vehicles moved to and from outside shop facility in the proposal.

13.2 Warranty The Contractor shall warrant to FRED, its successors and assigns, that the title to the material, supplies or equipment covered by the Contract, when delivered to FRED or to its successor or assigns, is free from all liens and encumbrances. The Contractor guarantees and warrants that all work performed and items supplied under this Contract shall (1) conform to the Technical Specifications and all other requirements of

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this RFP; (2) fulfill its design functions and be fit for both its ordinary and intended purposes; (3) be free of all patent and latent defects in design, materials and workmanship; and (4) perform satisfactorily. It is understood and agreed that by acceptance of this warranty and the acceptance of materials or supplies to be manufactured or assembled pursuant to these Specifications, FRED does not waive any warranty, either expressed or implied of any products liability of the Contractor as determined by any applicable decisions of a court of the Commonwealth of Virginia or the United States. 13.3 Complete Bus A basic bus warranty shall commence on the date the bus is placed into service by FRED and shall continue in effect thereafter for a period of two ( 2 ) years or 120,000 miles whichever occurs first. 13.4 Propulsion Systems and Major Sub Systems Specific subsystems and components of the buses furnished under this Contract are warranted and guaranteed to be free from defects in design, material and workmanship for the period of time and/or mileage. Proposers shall provide their warranty and/or extended warranty (including all additional warranties beyond any minimum manufacturer warranty) for each item below after each vehicle is placed into revenue operation. Warranty shall commence on the date the bus is placed into service by FRED. Standard and Extended Available Warranties – Whichever Comes First (Years and Mileage) 1. Engine* 2. Engine Accessories** 3. Transmission 4. Drive Axle 5. Brake System 6. Air Conditioning 7. Drive Axle 8. Brake System 9. Air Conditioning 10. Wheelchair Lift System 11. Electronic Destination Sign 12. Electric or Air Starter 13. All other warrantied components

* Engine warranty shall cover all items provided in the engine manufacturer’s standard warranty under the 5 year/300,000 period, with appropriate limitations and prorating for subcomponents such as turbocharger, injectors, etc. Contractors shall provide engine warranty details in the proposal ** Engine accessories include radiator, power steering pump, booster pump, air compressor and alternators. FRED reserves the right to request any and all Offerors to provide manufacturer’s standard warranty information. To the extent that a manufacturer’s standard warranty on the above items provides longer time periods or mileage limits stated above, the warranty that provides the longer time period or mileage limit shall apply to that particular item.

13.5 Progressive Damage The Supplier shall be responsible for any and all consequential or progressive damages caused by defective parts or components. The Supplier shall assume all costs and expenses associated with repair or replacement;

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including component replacement, removal, re-installation, and any and all costs of shipment, including all towing expenses. 13.6 Buses Removed From Service Due To Warranty Failure Buses which have been removed from service due to a warranty failure for periods exceeding seven (7) days shall have the warranty time extended for the time the bus was not in service. 13.7 Voiding of Warranty The warranty shall not apply to any part or component of the bus that has been subject to misuse, negligence, accident, or that has been repaired or altered in any way so as to affect adversely its performance or reliability, except insofar as such repairs were in accordance with the Supplier’s maintenance manuals and the workmanship was in accordance with the recognized standards of the industry. The warranty shall also be void if FRED fails to conduct normal inspections and scheduled preventive maintenance procedures. Supplier shall provide a recommendation as to specific inspection and preventive maintenance procedures. 13.8 Exceptions to Warranty The warranty shall not apply to scheduled maintenance items, items furnished by FRED, except insofar as such equipment may be damaged by the failure of a part of a component for which the Contractor is responsible. 13.9 Detection and Correction of Defects Where FRED detects a minor defect within the warranty period, FRED may elect to repair such defect and submit a form for reimbursement. If FRED detects a major defect within the warranty periods, FRED at its sole option, may elect to repair such defect and submit a form for reimbursement hereunder, or may elect to notify the Contractor. Within three (3) working days after receipt of notification, the Contractor’s representative shall agree with FRED’s determination as to the most appropriate scope and course for the repairs to be performed under the warranty, or reserve judgment until the subsystem or component is inspected by the Contractor’s representative or is removed and examined at FRED’s property. Where the Contractor requests the component be inspected, Contractor’s representative shall inspect such component within forty-eight (48) hours. At that time, Contractor may suggest the appropriate course of action for the prompt repair of the subsystem or component shall be mutually resolved between FRED and the Contractor. Where Contractor performs repair work necessary to effect the repair, all work shall commence within seven (7) working days after the Contractor receives notification. If FRED does not agree with the Contractor’s suggestion as to the scope and/or course of the repairs, FRED reserves the right to commence with the repairs and submit for reimbursement in accordance with repair provisions herein. 13.10 Fleet Defects A fleet defect is defined as the failure of or a deficiency in identical systems or components of the bus caused by defective design, material or workmanship in twenty percent (20%) of the base quantity of buses delivered under this Contract. In the event of a fleet defect during the warranty period, the Contractor shall furnish promptly all necessary labor and material to effect such repairs and modifications for every vehicle delivered under the Contract pursuant to the terms and conditions of this warranty and at Contractor’s sole cost and expense.

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After correcting the defect, the Contractor shall promptly undertake and complete a work program reasonably designed to prevent the occurrence of the same defect in all other buses purchased under this Contract. The work program shall include inspections and/or correction of the potential or defective parts in all of the buses. Fleet defect repairs and modifications shall also be applied to units that are no longer covered under warranty, but only if they are still within three years or 100,000 miles from the in-service date. The warranty period on items determined to be fleet defects shall be extended in accordance with the above Section, Buses Removed From Service Due To Warranty Failure.

13.11 Modifications Modifications or changes made to strengthen or correct a defect or deficiency on a bus shall be made to all buses purchased under this Contract at Contractor’s sole cost and expense. 13.12 Single Representative The Contractor shall designate a single representative through which warranties shall be handled. The representative shall meet as needed with FRED’s representative or Project Manager for review of repairs and claims. The representative shall handle all facets of warranty processing and warranty material handling. Failure of the Contractor to meet with FRED will not relieve their obligation to comply with all warranty requirements set forth in the contract, or to reimburse FRED for repairs made during the warranty period. 13.13 Repair Performance FRED may require the Contractor or its designated representative to perform warranty-covered repairs. The work may be done by the FRED’s personnel with reimbursement by the Contractor in accordance with the provisions hereunder. FRED shall determine who performs repairs at its sole option. 13.14 Repair by Contractor If FRED requires or mutually agrees for the Contractor to perform warranty-covered repairs, the Contractor’s representative must begin work necessary to effect repairs within seven (7) calendar days after receiving notification of a defect from FRED. FRED shall make the bus available to the Contractor’s representative to complete timely repairs. Any warranty work performed under this Contract shall be completed within fourteen (14) calendar days after the Contractor has begun repairs on the bus that has been removed from revenue service due to a warranty defect. If repairs are not completed within the specified time periods, FRED may assess liquidated damages. In the event the Contractor fails to promptly make the necessary repairs and replacements, FRED may undertake such necessary repairs and replacements and the Contractor shall reimburse FRED for all such related costs and expenses, including any charges for overhead.

The Contractor shall bear total responsibility for costs and expenses for furnishings all labor, parts, tools, materials and space as required to complete the repairs and/or replacements. At FRED’s sole discretion, the Contractor may be required to perform the work off FRED property. The Contractor shall be responsible for any costs associated with transporting the bus to and from FRED property. Where a bus is towed, Contractor shall pay for towing charges. Location of repair shall not be further than 65 miles from the bus delivery location unless mutually agreed upon on a case-by-case basis. 13.15 Repair by FRED

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Parts Used – If FRED performs the warranty-covered repairs, it will correct or repair the defect and any related defects using Contractor-specified spare parts available from its own stock or those supplied by the Contractor specifically for these repairs. FRED will determine whether or not a component should be repaired or replaced. Every sixty (60) days, or at a period to be mutually agreed upon, reports of repairs covered by this warranty will be submitted by FRED to the Contractor for reimbursement or replacement of parts in accordance the following: Contractor Supplied Parts – FRED may request that the Contractor supply new parts for warranty-covered repairs being performed by FRED. These parts shall be prepared by Contractor and shipped to FRED from any source selected by the Contractor within fourteen (14) calendar days of receipt of the request for said parts. Defective Components Return – The Contractor may request that parts covered by the warranty be returned to the manufacturing plant. Request for return of defective parts/components must be made within thirty (30) calendar days after submittal of Warranty Claim. FRED may request Contractor to verify that part/component is defective prior to shipment. The total cost of verification and shipment shall be paid by the Contractor. Materials will be returned freight collect. Should the Contractor find that the part/component was not defective after it has been returned to the Contractor, Contractor shall notify FRED and obtain disposition instructions for the part/component. FRED will pay for shipping cost if FRED requests that part/component be returned to FRED.

13.16 Reimbursements Labor – FRED shall be reimbursed by the Contractor for labor. The reimbursement amount shall be determined by multiplying the number of work hours actually required to diagnose and correct the defect by the current labor rate (inclusive of benefits) in effect at the time of repair, plus ten percent (10%) overhead and administrative charges. Parts – FRED shall be reimbursed by the Contractor for defective parts and for parts that must be replaced to correct the defect. The reimbursement amount shall be the actual FRED cost of the part(s) at the time of repair calculated from FRED’s purchase order or inventory charge-out ledger and shall include taxes where applicable plus fifteen percent (15%) handling costs. Other – The cost of towing the bus, if such action is necessary, shall also be reimbursable, whether done by FRED employees or by an outside contractor. Method – Warranty reimbursement shall be made through a contractor provided warranty claim form. FRED will provide the following information on such form: FRED bus number affected FRED repair code Date defect detected Total claim value Mileage FRED work order number Labor hours and labor costs Defect Description of parts used and price Repair FRED part number (if applicable) All other information requested by Contractor shall be Contractor’s responsibility. Contractor shall reimburse FRED by negotiable check within sixty (60) calendar days of receiving a valid Warranty Claim. Meetings between FRED and the Contractor’s representative shall be held on at least a quarterly basis if there are outstanding warranty claims and payments.

13.17 Warranty After Replacement/Repair

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If any component or subsystem is repaired, rebuilt, or replaced by the Contractor or by FRED’s personnel, the subsystem shall have the unexpired warranty period of the original subsystem. 13.18 Effect of Delay In the event that, during the warranty period, repairs and/or modifications on all or any bus made necessary by defective design, material or workmanship are not completed due to lack of material or inability to provide the proper repair, or by the Contractor’s neglect, delay time shall not be considered as part of the warranty period and the warranty period shall be extended by the period of the delay. 13.19 Disclaimer Nothing in these requirements, conditions, or specifications, including FRED’s right to a complete inspection prior to acceptance of the vehicles, shall constitute a disclaimer to or limit, negate, exclude, or modify in any way any warranty created hereunder. It is understood and agreed that by establishing this warranty provision, by outlining the Technical Specifications and the Contract Documents, and by inspecting and accepting each bus, FRED does not waive (a) any warranty, either expressed or implied, which is created pursuant to this Agreement or by law, or (b) any other liability of the Contractor that may arise under applicable law. Each bus must comply with the Federal Motor Vehicle Safety Standards (FMVSS) as established by the Department of Transportation and must meet all Federal and Virginia Laws and Regulations and Safety Standards in effect on the date of original manufacture.

14. NEW BUS MODEL TESTING

In accordance with 49 CFR Part 665, “Bus Testing Program,” the Contractor certifies that the bus model being proposed for this Contract is a new bus model or a bus model with a major change in configuration or components (as described in Subpart A of the interim rule). Contractor, at its own expense, shall arrange for the required testing at the FTA Bus Testing Facility at Altoona, Pennsylvania prior to FRED’s acceptance of the first vehicle in a manner that the Time for Performance outlined in the Contract Specifications will not be impacted. Contractor shall provide a copy of the Test Report prepared for this bus model prior to acceptance. Alternatively, buses already Altoona tested may conform to the requirements in the next subsection.

15. PREVIOUSLY TESTED BUS MODEL In accordance with 49 CFR Part 665, “Bus Testing Program,” the Contractor certifies that the bus model being proposed for this Contract is not a new bus model and does not incorporate a major change in configuration or components (as described in Subpart A of the interim rule). The Contractor shall provide, a copy of the Test Report prepared for the bus model accepted under this Contract.

16. DEALER REQUIREMENTS All Offerors are required to be licensed Virginia Motor Vehicle Dealers as established in Title 46.2 of the Code of Virginia Dealers must include a copy of certification with proposal.

17. MANUALS AND DOCUMENTATION 17.1 Technical Assistance

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The Contractor shall maintain and make available to FRED upon request, the technical services of competent engineers and necessary laboratory services at the Contractor's sole cost and expense for the purpose of assisting FRED in resolving any problems that may arise in connection with the use of any of the items called for under the Contract. 17.2 Bus Database Information The Contractor shall provide an electronic spreadsheet or database file listing for each bus at the time of delivery that shall include:

• Manufacturer name

• Vehicle model name

• FRED Bus number

• Manufacturer vehicle identification number (VIN#)

• Engine make, model and serial number

• Engine ECM model number, serial number, software revision, firmware revision and settable parameter snapshot.

• Transmission make, model and serial number.

• Transmission ECU model number, serial number, software revision, firmware revision and settable parameter snapshot.

• Differential model and serial number.

• Alternator model and serial number

• Regulator model and serial number

• Starter model and serial number

• Air compressor model and serial number

• Air conditioning compressor model and serial number

• Steering box model and serial number

• Front axle model and serial number

• Rear axle model and serial number

• Catalyst/muffler and/or exhaust after-treatment model and serial number

• Wheelchair ramp model and serial number

17.3 Manuals For buses furnished under this contract the Contractor shall provide the following manuals to FRED and for each make and model in the quantities specified within sixty (60) calendar days of the date of acceptance of the bus:

1. Two (2) current bus maintenance manuals including all air system, complete electrical, multiplex and

hydraulic schematics and diagrams. Two (2) manuals shall have all pages laminated in clear plastic;

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2. Two (2) current bus air conditioning system maintenance manuals (if not included in bus manual)

including all electrical and hydraulic schematics and diagrams. Two (2) manuals shall have all pages laminated in clear plastic;

3. Two (2) current bus wheelchair ramp maintenance manuals (if not included in bus manual) including all

electrical and hydraulic schematics and diagrams. Two (2) manuals shall have all pages laminated in clear plastic;

4. Two (2) current bus engine maintenance manuals (if not included in bus manual) including all electrical

and hydraulic schematics and diagrams. Two (2) manuals shall have all pages laminated in clear plastic; 5. Two (2) current bus transmission manuals (if not included in bus manual) including all electrical and

hydraulic schematics and diagrams. Two (2) manuals shall have all pages laminated in clear plastic; 6. Two (2) maintenance, servicing and illustrated parts catalogs for any bus subsystem not mentioned above

(if not included in bus manual) including all electrical and hydraulic schematics and diagrams. Two (2) manual sets shall have all pages laminated in clear plastic;

7. Two (2) current bus part manuals applicable to the buses provided under this contract, including all

subsystems and components, whether manufactured by the Contractor or purchased ready made from an outside source. This manual shall include detailed dimensional drawings for all glazing used in the bus (windows, windshield and doors) to allow future replacement. An index shall be provided at the front of the manual that contains a numerical listing to section reference and alpha part description to section of reference. Two (2) manuals shall have all pages laminated in clear plastic;

8. Two (2) current part price catalogs applicable to the buses furnished under this contract, including all

subsystems and components whether made by the Contractor or purchased already made from an outside source;

9. Six (6) Operator’s manuals to FRED for each model of bus furnished under this contract. The Operator

manuals shall include all options installed under the contract described and illustrated that may be used by the Operator; and,

10. All Service and Parts Manuals furnished for the buses and all vehicle subsystems shall also be supplied in

an editable PDF format on USB drives to allow the information to be loaded into FRED’s Maintenance and Materials Management Information System.

All manuals and electrical schematics shall be provided indicating the “as-built” condition of the buses supplied to FRED including all optional accessories provided. Within sixty (60) days of delivery and acceptance of the bus, the Contractor shall provide FRED an aftermarket part listing with a recommended spare parts inventory to support the quantity of buses provided in the base order. The listing shall include a cross reference listing for all parts not manufactured by the Contractor which includes the part name/description, manufacturer, and manufacturer/suppliers part number. Failure to provide the required documentation within the timeframes specified may result in the FRED conditionally accepting buses and withholding the five percent (5%) retention as described in this Contract until all documentation is provided and accepted by FRED.

18. TRAINING

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A comprehensive hands-on training program for the FRED’s Maintenance and Operations staff shall be provided by the Contractor and Original Equipment Manufacturers (OEM) for major components provided on the buses. FRED will discuss the Training Program schedule with Contractor after contract award to establish a training schedule that is properly coordinated with the delivery and acceptance of the buses. The minimum training program requirements are described below. The proposer will provide for each component the number of classes, the hours associated with each class, and the maximum number of participants for each class. A minimum of one (1) class must be provided and the scope/outline of that class must be pre-approved by FRED.

a. Vehicle Operations Training - The vehicle operation training shall be provided to a team of Operations

Managers, Supervisors and the Operator Trainer. b. Basic Vehicle Orientation - A basic vehicle orientation class for mechanics and supervisors shall be

conducted which provides an overview of the vehicle, service access locations to all major components, locations of all daily service items on the bus, location of all diagnostic ports, and other general operations and of vehicle maintenance.

c. Bus Maintenance - A detailed class covering the bus air system, doors, suspension, body and other minor systems shall be provided for FRED’s mechanics.

d. Bus Electrical - A detailed course covering the bus electrical system including the charging/starting

circuit, power distribution, multiplex system, fire suppression system, cooling fan system and all electrical schematics shall be provided for FRED’s mechanics.

e. AC/Heat System - A detailed class covering the bus heating and air conditioning system operations,

maintenance, diagnostics and troubleshooting shall be provided for FRED’s mechanics. f. Engine - A detailed covering the engine and exhaust after treatment system provided that includes engine

familiarization, electronic controls, mechanical and electronic diagnostics, exhaust system operation, maintenance and diagnostics, component replacement of exhaust key components shall be provided for FRED’s mechanics.

g. Brakes and ABS - A detailed class covering the transmission provided that includes transmission familiarization, operation, electronic controls, mechanical and electronic diagnostics shall be provided for FRED’s mechanics, supervisors, maintenance trainers and support staff.

h. Transmission System - A detailed class covering the transmission provided that includes all aspects of

transmission systems and diagnostics. i. Destination Sign System - A detailed class covering the destination sign system including operations,

maintenance, diagnostics and troubleshooting, and component replacement shall be provided for FRED’s mechanics, supervisors, maintenance trainers and support staff.

j. Destination Sign System Programming - A detailed class covering the destination sign system including use

of the programming software, loading FRED’s destination sign listing into the system, sign list updates, programming features, and transfer of program to individual buses shall be provided for FRED’s designated sign programmers.

k. Wheelchair Ramp - A detailed class covering the wheelchair ramp including operation, maintenance,

hydraulics and controls, diagnostics and repair will be provided for FRED’s mechanics, supervisors, maintenance trainers and support staff.

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l. Parts and Support Familiarization – A class covering the Contractor’s parts manuals, parts ordering procedures, and recommended spare parts inventory levels shall be provided.

Vehicle operations training described shall begin upon final acceptance of the final bus in the order by FRED, or at a later date, if agreed mutually by FRED and Contractor. Basic vehicle orientation, bus maintenance training, destination sign programming, and parts and support familiarization training shall begin immediately after delivery of the second bus by the Contractor. The remaining training will be scheduled over a period of six (6) months from date of final acceptance of the final bus delivered by the Contractor, subject to approval of dates and times by FRED. All training shall be conducted at FRED’s Maintenance and Operations facilities.

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GENERAL TERMS AND CONDITIONS These are mandatory and non-negotiable terms applicable to any contract awarded under this procurement. A. Authorization to do Business in Virginia. Contractor is authorized to do business in Virginia as a domestic or foreign business entity under Title 13.1 or Title 50 of the Virginia Code. Contractor will not allow its existence to lapse or its certificate of authority or registration to do business in Virginia to be revoked or cancelled during the term of this contract. B. Relation to City. Contractor is an independent contractor of the City. This contract does not create an employment relationship between the City and Contractor or any of its employees. C. Prime Contractor and Subcontractors. Contractor has prime responsibility for all services and goods to be provided under this contract, specifically including adequate supervision of work to be performed. This contract is only between Contractor and the City, and Contractor accepts full responsibility for the work performed and goods provided by, and the acts and omissions of, its subcontractors. Subcontractor will not subcontract for any part of this contract without the advance written permission of the City Purchasing Agent. Contractor will provide the names, qualifications, and experience of any proposed subcontractors to the City Purchasing Agent. D. Modifications. Only the City Manager or City Purchasing Agent may modify this contract on behalf of the City. Only the original signatory of the contract on behalf of Contractor, or another individual authorized in writing by Contractor to modify the contract, may modify the contract on behalf of Contractor. Modifications to this contract can only be authorized in accordance with Code of Virginia § 2.2-4309. Modifications can only be authorized by the following methods: City and Contractor may agree in writing to modify the terms of the contract. Any additional goods or services to be provided must be of a sort that is ancillary to, or within the same broad product or services categories as, those provided for in the original contract. The City may issue written change orders for changes such as services to be performed, methods of packing or shipping, and place of delivery or installation. If Contractor determines that the change order will not necessitate a change in compensation or schedule, Contractor will comply with the change order upon receipt. If Contractor determines that the change order will necessitate a change in compensation or schedule, Contractor will notify the City of that determination, and only proceed to comply with the change order upon the City’s written approval. The contract may be renewed by agreement if provided for in the description of the contract term. Contractor shall not require any employee or agent of the City other than the City Manager or Purchasing Agent to execute any additional contract, license, or other agreement pertaining to this contract. E. Freedom of Information Act. All records pertaining to this contract are open to inspection by the public under the Virginia Freedom of Information Act (Virginia Code § 2.2-3700 et. seq) unless specifically exempted under the Act (including records properly exempted under Code of Virginia § 2.2-4342). F. Audit. Contractor will retain all records related to this contract for 5 years after final payment or until audited by the City, whichever comes first. The City may inspect these records upon reasonable notice to Contractor. G. Ethics in Public Contracting. Contractor certifies that its offer is made without collusion or fraud and that it has not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer, or

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subcontractor and that it has not conferred on any public employee having official responsibility for this purchase any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised unless consideration of substantially equal or greater value was exchanged. H. Immigration. Contractor does not, and will not during the performance of this contract, knowingly employ an unauthorized alien as defined in federal Immigration Reform and Control Act of 1986. Contractor will register for and participate in the federal E-Verify Program if required to do so under Code of Virginia § 2.24308.2. Contractor will provide the City with a copy of their E-Verify “Maintain Company” page to the City upon request. Failure to comply with E-Verify requirements subjects Contractor to automatic disbarment from City procurement until the requirements are met. I. Non-Discrimination. Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. Contractor will post in conspicuous places, available to employees and applicants for employment, notices stating the terms of this section. Contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that the contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation are sufficient for the purposes of this section. Contractor will include the terms of this section in every subcontract or purchase order of over $10,000, so that the terms will be binding upon each subcontractor and vendor. Contractor will conform to the Federal Civil Rights Act of 1964, the Virginia Fair Employment Contracting Act of 1975, the Virginians with Disabilities Act, and § 2.2-4343.1E of the Virginia Public Procurement Act. J. Drug-Free Workplace. Contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in Contractor’s workplace and specifying the actions that will be taken against employees for violating that prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of Contractor that Contractor maintains a drug-free workplace; and (iv) include the terms of this section in every subcontract or purchase order of over $10,000, so that the terms will be binding upon each subcontractor and vendor. K. Payments. Contractor must provide its federal employer identification number and W-9 to the City before requesting payment. Contractor will submit itemized invoices, with appropriate documentation, to the City, at the payment address shown on the purchase order or contract. All invoices must show the City contract or purchase order number and Contractor’s federal employer identification number. No invoice may include any cost other than those listed in the contract or in an individual purchase order referencing the contract. The City will pay invoices within 30 days of receipt. Any invoice not paid within 30 days. When payment is made by mail, the date of the postmark will be considered the date of payment. If offset proceedings have been instituted under the Virginia Debt Collection Act, the date of offset will be considered the date of payment. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time an order is placed. In these cases, payments are contingent on the City’s

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determination that all invoiced charges are reasonable. The City will notify Contractor within 30 days of invoice of any charges it determines to be unreasonable. Payment for those charges will be suspended until a settlement is reached. Contractor will not take legal action concerning the charges unless a settlement is not reached within 30 days of notification. L. Subcontractor Payments. Within 7 days after receipt of payment by the City for work performed by a subcontractor, Contractor shall a) pay the subcontractor for the proportionate share of the total payment received from the City attributable to the subcontractor’s work, or b) notify the City and the subcontractor, in writing, of Contractor’s intention to withhold payment and the reason for withholding the payment. Contractor will pay interest of 1% per month to subcontractors on all amounts owed to the subcontractors which has not been paid or withheld under the terms of the preceding paragraph. Contractor must require individual subcontractors to provide their social security numbers, and proprietorship, partnership, and corporate subcontractors to provide their federal employee identification numbers. Contractor will provide this information to the City upon request. Contractor must require subcontractors to include the terms of this section in all contracts with other subcontractors. M. Non-appropriation. All funds for payments after June 30 of the current fiscal year are subject to appropriation by the City Council. If Council does not appropriate the required funds, the City will terminate this contract on June 30 of the then-current fiscal year. N. Indemnification. Contractor will save, defend, hold harmless, and indemnify the City, and all of its elected and appointed officials, officers, employees, agents, departments, agencies, boards, and commissions from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney's fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with Contractor's negligent acts, errors or omissions, recklessness or intentionally wrongful conduct of the Contractor in performance or nonperformance of its work under the contract. This indemnification survives the termination of the contract. O. Insurance. Contractor and any subcontractors will maintain the following insurance coverage, provided by insurance companies authorized by the Virginia SCC to offer insurance in Virginia, during the entire term of the contract. Contractor will provide copies of its Certificates of Insurance to the City. a. Workers’ Compensation—as required by law. b. Employer’s Liability--$100,000. c. Commercial General Liability--$1,000,000 per occurrence and $2,000,000 in the aggregate. The City must be named as an additional insured on this policy. d. Automobile Liability -- $1,000,000 combined single limit, if any motor vehicle not owned by the City is to be used in performance of the contract. e. Professional Liability (i.e. Errors and Omissions)--$2,000,000 per wrongful act, $3,000,000 annual policy claims aggregate, if the contract is for accounting, architecture, asbestos contracting, healthcare, insurance/risk management, legal services, engineering, or surveying. P. Licensing. Contractor will maintain all licenses and certifications required by applicable federal, state, and local governmental entities for provision of the goods and services to be provided under this contract.

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Q. Assignment. Contractor will not assign or otherwise transfer any of its rights, obligations, or interests in this contract without the written permission of the City. R. Choice of Law, Venue. This contract is governed by Virginia law. The Circuit Court of Fredericksburg, Virginia is the exclusive venue for any litigation regarding this contract. S. Claims. Contractor must notify the City in writing of its intention to file a claim at the time of the occurrence or beginning of the work upon which the claim is based. All claims must be submitted less than 60 days after the final contract payment. T. Dispute Resolution. The parties will first endeavor to resolve any disputes, claims, or other matters in question between them through direct negotiations, and if direct negotiations fail, by non-binding mediation, with the exclusive venue of the mediation being the City of Fredericksburg. Should the dispute remain unresolved either (i) following negotiation and mediation, or (ii) more than 90 days after a party has requested mediation, either party may institute a lawsuit or chancery action, as appropriate, in Fredericksburg Circuit Court, and may pursue all available appeals in Virginia state courts, to the extent they have jurisdiction. Any agreement reached in mediation must be reduced to writing and executed by the parties; upon execution, the agreement will be enforceable as a settlement agreement. U. Default. The City is in default 1) if it fails to pay any amount due to Contractor; or 2) upon any other material failure to comply with the terms of the contract. Contractor is in default upon any material failure to comply with the terms of the contract. A party alleging that the other party is in default must provide the allegedly defaulting party with written notice specifying the alleged default and allow 30 days for the default to be cured. V. Remedies. If the City does not cure a default after receiving notice, Contractor may a) terminate this contract, and b) exercise all remedies available at law. If Contractor does not cure a default after receiving notice, the City may a) terminate the contract, b) exercise all remedies available at law, and c) collect liquidated damages if available under Special Contract Terms. If the default is a failure to provide required goods or services, the City may, upon written notice to Contractor, procure those goods or services from other sources and hold Contractor responsible for any resulting additional purchase and administrative costs. W. Termination. The City may terminate this contract for any reason upon 30 days’ notice to Contractor. The City will promptly pay all amounts already earned by Contractor and reasonable expenses incurred in reliance upon the contract, up to the effective date of the termination. Receipt of the notice does not affect Contractor’s obligations under the contract, including fulfillment of outstanding orders, up to the effective date of termination. The parties can agree to terminate this contract at any time. X. Notices. Any notices pertaining to this contract must be sent by first-class mail to: To the City: Fredericksburg City Manager P.O. Box 7447 Fredericksburg, Virginia 22404-7447 To the Contractor: The address listed on Contractor’s Proposal or Bid. Contractor may change its address for notices by notifying the City in writing of the change. Y. Severability. If a court declares any part of this contract to be invalid, void, or unenforceable, the rest of the contract remains in effect.

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Z. Strict Performance. The failure of a party to insist upon the other party’s strict performance of the terms of the contract is not a waiver of the right to insist upon strict performance of those terms at a later time.

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Federal Provisions, Required Clauses and Certifications

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FEDERAL PROVISIONS, REQUIRED CLAUSES, AND CERTIFICATIONS 1 Contract Subject to Federal Financial Assistance/Application of Provisions and Clauses Operation of Fredericksburg Regional Transit is funded in part by grants from the Federal Transit Administration (FTA) of the United States Department of Transportation. The award of any contract is subject to the requirements of financial assistance contracts between the Fredericksburg Regional Transit (hereinafter referred to as “FRED”) and the U.S. Department of Transportation requiring compliance with purchasing procedures and standards as set forth in various federal statutes and regulations including the Master Agreement FTA, dated October 1, 2012; OMB Circular A-102; 49 CFR Part 18 (State and Local Governments); FTA Circular4220.1F, dated November 1, 2008; and “Best Practices Procurement Manual,” updated March 13, 1999 with revisions through October 2005. The Contractor is required to comply with all terms and conditions prescribed for third-party contracts by the U.S. Department of Transportation, Federal Transit Administration (FTA). The following applicable procurement provisions and required contract clauses resulting from this procurement, and any resulting contract, will be incorporated by reference in any contract resulting from this procurement issued by FRED. These procurement provisions and required contract clauses are in addition to other General Terms and Conditions, Special Terms and Conditions, Bidding or Proposal Procedures, and Bid or Proposal Forms set forth in other sections of this Procurement which may also be incorporated by reference in any resulting contract. Some provisions and clauses require the Offeror or Proposer to execute and submit certain required certifications with the bid or proposal, which are included herein. Failure to execute and submit required certifications with the bid or proposal documents may render a bid or proposal non-responsive. 2 Conflict of Interest

(Applies to all contracts) No employee, officer, board member, or agent of FRED shall participate in the selection, award, or administration of a contract supported by FTA funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer, board member, or agent, any member of his or her immediate family, his or her partner, or an organization that employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award. 3 Government-Wide Debarment and Suspension

2 CFR 1200, 2 CFR Part 180 et seq.

(Applies to all contracts and subcontracts at any level expected to equal or exceed $25,000, as well as, any contract or subcontract at any level for Federally-required auditing services)

This contract is a covered transaction for purposes of 2 CFR Part 1200, which adopts and supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-Wide Debarment and Suspension (Non-procurement),” 2 CFR Part 180. As such, the Contractor is required to verify that none of the contractor, its principals, as defined at 2 CFR 180.995, or affiliates, as defined at 2 CFR 180.905, are excluded or disqualified as defined at 2 CFR 180.940, 180.935 and 180.945. The Contractor is required to comply with 2 CFR 180, Subpart C and must include the requirement to comply with 2 CFR 180, Subpart C in any lower tier covered transaction it enters into. 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 FRED. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to FRED, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 CFR 180, Subpart C while this offer

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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. FRED agrees and assures that its third party contractors and lessees will review the “Excluded Parties Listing System” at 35Thttps://www.sam.gov35T before entering into any sub-agreement, lease or third party contract. FRED will be reviewing all third party contractors under the Excluded Parties Listing System at 35Thttps://www.sam.gov35T before entering into any contracts. 4 Lobbying

31 U.S.C. § 1352, 49 CFR Part 19, 49 CFR Part 20

(Applies to any contract or subcontract in excess of $100,000; applies to Construction/ Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/ Operational Service Contract/Turnkey contracts)

Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall comply with Federal statutory provisions to the extent applicable prohibiting the use of Federal assistance funds for activities designed to influence congress to a State legislature on legislation or appropriations, except through proper official channels. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to FRED.

5 Program Fraud and False or Fraudulent Statements and Related Acts

31 U.S.C. 3801 et seq., 49 CFR Part 31, 18 U.S.C. 1001, 49 U.S.C. 5307 (Applies to all contracts)

(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work 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 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (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.

6 No Federal Government Obligation to Third Parties

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(Applies to all contracts)

(1) FRED and the Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to FRED, the 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.

7 Incorporation of Federal Transit Administration (FTA) Terms

FTA Circular 4220.1F (Applies to all contracts)

The provisions in this Attachment include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, 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 FRED requests, which would cause FRED to be in violation of the FTA terms and conditions.

8 Federal Changes

49 CFR Part 18

(Applies to all contracts)

(1) The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between FRED and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract.

(2) The Contractor agrees to include the above clause in each third party 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.

9 Access to Records and Reports

49 U.S.C. § 5325, 18 CFR 18.36(i), 49 CFR 633.17 (Applies to contracts as listed in Reference Chart “Requirements for Access to Records and Reports by Type of Contract,” FTA’s Best Procurement Practices Manual, Appendix A – Governing Documents)

The following access to records requirements apply to this Contract: (1) Where the Purchaser is not a State but a local government and is the FTA Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to provide FRED (Purchaser), the FTA Administrator, the U.S. Secretary of Transportation, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR 633.17 to provide the FTA Administrator or its authorized representatives including any PMO Contractor access to Contractor’s records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. (2) Where any Purchaser which is the FTA Recipient or a sub grantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C.

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5302(a)(1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, 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. (3) 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. (4) The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than five years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case the Contractor agrees to maintain same until FRED, 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). (5) FTA does not require the inclusion of these requirements in sub-contracts. 10 Resolution of Disputes, Breaches or Other Litigation

49 CFR Part 18, FTA Circular 4220.1F

(Applies to all contracts over $100,000 total value) The Contractor agrees to comply with the provisions of 49 CFR Part 18 as it relates to the resolution of disputes, breaches or other litigation. Provisions and conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, as well as, applicable sanctions and penalties are detailed in the Fredericksburg Regional Transit’s Procurement Policies and City of Fredericksburg’s Procurement Policies. These document can be accessed on the City of Fredericksburg’s website at 35Twww.fredericksburgva.gov35T or can be obtained by contacting the City of Fredericksburg’s Procurement Office at FRED office at 540-479-8776.

11 Bid/Proposal Protest Procedures Provisions, conditions and procedures which will allow for vendor protests are detailed in the City of Fredericksburg’s Procurement Policies and Fredericksburg Regional Transit’s Procurement Policies. This document is can be obtained by calling the City of Fredericksburg’s Procurement Office at 540-479-8776. FRED follows the contract protest procedures of the City of Fredericksburg, which may be found at “Fredericksburg, Virginia, Code of Ordinances, Part II, Chapter 2 Administration, Article VI Procurement, Division 4 Appeals and Remedies for Bid Protests”. Any bidder or offeror may protest the award or decision to award a contract by submitting such protest in writing to the City Manager no later than 10 days after the award or the announcement of the decision to award, whichever occurs first. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than 10 days after posting or publication of the notice of such contract. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction which are subject to inspection under Code of Virginia, § 2.2-4342, then the time within which the protest must be submitted shall expire 10 days after those records are available for inspection by such bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The City Manager shall issue a decision in writing within 10 days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within 10 days of the written decision pursuant to § 2-436C. 12 Termination

49 U.S.C. Part 18, FTA Circular 4220.1F

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(Applies to all contracts over $10,000 total value, with the exception of contracts with nonprofit organizations and institutions of higher learning, where the threshold is $100,000)

(a) Termination for Convenience: (i) The performance of the work under the Contract may be terminated by FRED in whole, or from time to time, in part, whenever FRED determines that such termination is in the best interest of FRED. Any such termination shall be effected by delivery to the Consultant (or Contractor) of a notice of termination specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective. (ii) Upon receipt of a notice of termination, and except as otherwise directed by FRED, the Consultant (or Contractor) shall 1) stop work under the Contract on the date and to the extent specified in the notice of termination; 2) place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such portion of the work (or professional services) to be provided under the Contract as are not terminated; 3) terminate all orders and subcontracts to the extent that they relate to the performance of professional services terminated by the notice of termination; 4) assign to FRED in the manner, at the times, and to the extent directed by FRED, all of the right, title, and interest of the Consultant (or Contractor) under the orders and subcontracts so terminated; 5) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of FRED, to the extent that FRED may require, which approval or ratification shall be final for all the purposes of this Section; (6) transfer title to FRED and deliver in the manner, at the times, and to the extent, if any, directed by FRED, supplies, equipment, and other material produced as a part of or acquired in connection with the performance of the work (or professional services) terminated, and any information and other property which, if the Contract has been completed, would have been required to be furnished to FRED; 7) complete any such part of the work as shall not have been terminated by the notice of termination; and 8) take such action as may be necessary, or as FRED may direct, for the protection and preservation of the property related to the Contract which is in the possession of the Consultant (or Contractor) and in which FRED has or may acquire an interest. Payments by FRED to the Consultant (or Contractor) shall be made by the date of termination but not thereafter. Except as otherwise provided, settlement of claims by the Consultant (or Contractor) under this termination section shall be in accordance with the provisions set forth in 48 CFR Part 49, as amended from time to time. (b) Termination for Default: If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, FRED may terminate the contract for default. Termination shall be effected by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the Contract. If it is later determined by FRED that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or beyond the control of the Contractor, FRED, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 13 Civil Rights Requirements

29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq. (Applies to all contracts)

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended; 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990; 42 U.S.C. § 12132; and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, 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.

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(a) The third party contractor and all lower tiers shall comply with all provisions of FTA Circular 4701.1A, “Title VI and Title VI Dependent Guidelines for Federal Transit Administration Recipients,” May 13, 2007. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Religion, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 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 U.S.C. § 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, religion, 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) Equal Employment Opportunity Requirements for Construction Activities – For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as “construction,” the Contractor agrees to comply and assures the compliance of each subcontractor at any tier of the Project, with all applicable equal employment opportunity requirements of 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 No. 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws, regulations, and directives affecting construction undertaken as part of the Project. (c) Age – The Contractor agrees to comply with all applicable requirements of the Age Discrimination in Employment Act (ADEA) 29 U.S.C. §§ 621 through 634 and with implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 CFR Part 1625, which prohibits discrimination against individuals on the basis of age. The Contractor agrees to comply with Federal transit law at 49 U.S.C. § 5332 pertaining to discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (d) Disabilities - In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 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) Nondiscrimination on the Basis of Age - The Contractor agrees to comply with all applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 6101 et seq., and with implementing U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 CFR Part 90, which prohibit discrimination against individuals on the basis of age. (4) Nondiscrimination on the Basis of Sex - The Contractor agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., and with implementing U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs

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or Activities Receiving Federal Financial Assistance,” 49 CFR Part 25, that prohibit discrimination on the basis of sex. (5) 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. 14 Access Requirements for Individuals with Disabilities

49 U.S.C. § 5301(d) (Applies to all contracts)

The Contractor agrees to comply with the requirements of 49 U.S.C. § 5301(d) which states the Federal policy that the elderly and persons with disabilities have the same right as other persons to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Contractors also agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151, et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities. In addition, the Contractor agrees to comply with all applicable Federal regulations and directives and any subsequent amendments thereto, except to the extent the Federal Government determines otherwise in writing, as follows: (1) U.S. DOT regulations, "Transportation Services for Individuals with Disabilities (ADA)," 49 CFR Part 37; (2) U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance," 49 CFR Part 27; (3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility Specifications for Transportation Vehicles," 36 CFR Part 1192 and 49 CFR Part 38; (4) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local Government Services," 28 CFR Part 35; (5) U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities," 28 CFR Part 36; (6) U.S. General Services Administration (U.S. GSA) regulations, "Accommodations for the Physically Handicapped," 41 CFR Subpart 101-19; (7) U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 CFR Part 1630; (8) U.S. Federal Communications Commission regulations, “Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled," 47 CFR Part 64, Subpart F; (9) U.S. Architectural and Transportation Barriers Compliance Board regulations, “Electronic and InformationTechnology Accessibility Standards.” 36 CFR Part 1194; (10) FTA regulations, "Transportation of Elderly and Handicapped Persons," 49 CFR Part 609; and (11) Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing. 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. 15 Access to Services for Persons with Limited English Proficiency

Executive Order No. 13166, 42 U.S.C. § 2000d-1 note

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(Applies to all contracts)

The Contractor agrees to comply with Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d-1 note, and U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14, 2005, except to the extent that the Federal Government determines otherwise in writing. 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.

16 Environmental Justice

Executive Order No. 12898, 42 U.S.C. § 4321 note, DOT Order 5610.2 (Applies to all contracts)

The Contractor agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice Minority Populations and Low-Income Populations," 42 U.S.C. § 4321 note; and DOT Order 5610.2, “Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low- Income Populations,” 62 Fed. Reg. 18377, et seq., April 15, 1997, except to the extent that the Federal Government determines otherwise in writing. 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. 17 Drug or Alcohol Abuse-Confidentiality and Other Civil Rights Protections

21 U.S.C. §§ 1101, 42 U.S.C. §§ 4541, 42 U.S.C. §§ 290dd through 290dd-2 (Applies to all contracts) To the extent applicable, the Contractor agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 290dd through 290dd-2, and any amendments thereto. 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.

18 Other Nondiscrimination Laws

(Applies to all contracts) No otherwise qualified handicapped individual in the United States shall solely by reason of his or her handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Contractor agrees to comply with applicable provisions of other Federal laws and regulations, and follow applicable directives prohibiting discrimination, except to the extent that the Federal Government determines otherwise in writing. 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.

19 Disadvantaged Business Enterprise (DBE)

49 CFR Part 26

(Applies to all contracts) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation

by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. It is the policy of FRED to

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practice nondiscrimination based on race, color, sex, or national origin in the award and administration of all DOT-assisted contracts. FRED’s DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement.

b. The Contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as FRED deems appropriate. Each subcontract the Contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

c. If a separate contract goal has been established for this procurement, the following applies: Bidders/Offerors are required to document sufficient DBE participation to meet these goals, or alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following concurrent with and accompanying sealed bid/initial proposal prior to award: 1. The names and addresses of DBE firms that will participate in the contract; 2. A description of the work each DBE will perform; 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose

participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime

contractor’s commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. Bidders/Offerors must present the information required above as a matter of responsiveness with initial proposals or prior to contract award [see 49 CFR 26.53(3)]. If no separate contract goal has been established, the successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.

d. The Contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the Contractor’s receipt of payment for that work from FRED. In addition, [the Contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor’s work related to this contract is satisfactorily completed.] [Is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by FRED and Contractor’s receipt of the partial retainage payment related to the subcontractor’s work.] Any delay or postponement of payment from the above-referenced time frame may occur only for good cause following written approval by FRED. This clause applies to both DBE and non-DBE subcontracts.

e. The Contractor must promptly notify FRED’s DBE Liaison Officer whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of FRED.

f. Transit Vehicle Manufacturers Goals (Applies to any contract for the purchase of transit vehicles) As a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, the Contractor shall certify that it has complied with the requirements of 49 CFR Part 26.49 by filing with the Federal Transit Administration an approved or not disapproved annual Disadvantaged Business Enterprise (DBE) subcontracting participation goal.

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20 Contract Work Hours and Safety Standards Act 29 CFR Part 5

(Applies to all federally-assisted construction and non-construction [in very limited circumstances] contracts in an amount greater than $100,000)

Section 102 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 3701 et seq., in particular the wage and hour requirements of section 102 of that Act at 40 U.S.C. § 3702, and with U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. (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 workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $ 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - FRED shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. (5) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or

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trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. Contract Work Hours and Safety Standards Act - Section 107 (OSHA) (i) The Contractor agrees to comply with section 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. section 333, and applicable DOL regulations, "Safety and Health Regulations for Construction" 29 C.F.R. Part 1926. Among other things, the Contractor agrees that it will not require any laborer or mechanic to work in unsanitary, hazardous, or dangerous surroundings or working conditions. (ii) Subcontracts - The Contractor also agrees to include the requirements of this section in each subcontract. The term "subcontract" under this section is considered to refer to a person who agrees to perform any part of the labor or material requirements of a contract for construction, alteration or repair. A person who undertakes to perform a portion of a contract involving the furnishing of supplies or materials will be considered a "subcontractor" under this section if the work in question involves the performance of construction work and is to be performed: (1) directly on or near the construction site, or (2) by the employer for the specific project on a customized basis. Thus, a supplier of materials, which will become an integral part of the construction, is a "subcontractor" if the supplier fabricates or assembles the goods or materials in question specifically for the construction project and the work involved may be said to be construction activity. If the goods or materials in question are ordinarily sold to other customers from regular inventory, the supplier is not a "subcontractor." The requirements of this section do not apply to contracts or subcontracts for the purchase of supplies or materials or articles normally available on the open market. 21 Energy Conservation

42 U.S.C. § 6321 et seq., 49 CFR Part 18 (Applies to all contracts)

(a) The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. Sect. 6321 et seq. (b) The Contractor agrees to include the above clause in each third party 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.

22 Clean Air 42 U.S.C. § 7401 et seq., 40 CFR 15.61, 49 CFR Part 18

(Applies to any contract or subcontract in excess of $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year)

(a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to Section 306 of the Clean Air Act as amended, 42 U.S.C. § 7606, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671q. The Contractor agrees to report any violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to the State and/or FTA and the appropriate EPA Regional Office. (b) 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. 23 Clean Water

33 U.S.C. 1251

(Applies to any contract or subcontract in excess of $100,000)

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(a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377. The Contractor agrees to report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (b) 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.

24 Environmental Protection

42 U.S.C. §§ 4321 through 4335, Executive Order No. 11514, as amended, 42 U.S.C. § 4321 note, 49 U.S.C. § 5323(c)(2)

The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, (NEPA) 42 U.S.C. §§ 4321 through 4335 (as restricted by 42 U.S. C. § 5159, if applicable); Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” 42 U.S.C. §4321 note; FTA statutory requirements at 49 U.S.C. § 5323(c)(2) ), as amended by MAP-21, ; U.S. Council on Environmental Quality regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWA FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622; and other applicable Federal environmental protection regulations that may be promulgated at a later date. The Contractor agrees to comply with the applicable provisions of 23 U.S.C. § 139 pertaining to environmental procedures, and 23 U.S.C. § 326, pertaining to Purchaser’s responsibility for categorical exclusions, in accordance with the provisions of joint FHWA/FTA final guidance, “Environmental Review Process (Public Law 109-59),” 71 Fed. Reg. 66576 et seq. November 15, 2006 and any applicable Federal directives that may be issued at a later date, except to the extent that FTA determines otherwise in writing. 25 Air Pollution, 40 CFR Parts 84, 85, 86, and 600, Vehicle Purchases

(Applies to any contract for the purchase of automobiles) In submitting its bid and executing a contract, the Contractor assures that facilities or equipment (including motor vehicles) furnished, constructed or improved under the contract are or will be designed and equipped to limit air pollution as provided in accordance with EPA regulations as contained in 40 CFR Parts 84, 85, and 86 (Control of Air Pollution from Motor Vehicles and Engines) and 40 CFR Part 600 (Fuel Economy of Motor Vehicles) and all other applicable standards. For vehicle purchases the successful Offeror may be required to submit Certification to FRED that the governing air pollution criteria has been met. This evidence and certification will be retained by FRED. 26 Federal Motor Vehicle Safety Standards (FMVSS), 49 CFR Part 500, Vehicle Purchases

(Applies to any contract for the purchase of vehicles) The Contractor (whether manufacturer or dealer) certifies that the vehicles to be supplied under the contract shall conform to all applicable Federal Motor Vehicle Safety Standards of the U.S. Department of Transportation, National Highway Traffic Safety Administration, and are certified by installation of the required certification plate. 27 Bus Testing

49 U.S.C. 5318(e), 49 CFR Part 665, 49 U.S.C. A 5323(c)

(Applies to any contract for the purchase of buses or passenger vans) The Contractor [Manufacturer] agrees to comply with FTA regulations, “Bus Testing,” 49 C.F.R. Part 665, to the extent they are consistent with 49 U.S.C. § 5318(e), as amended by MAP-21 and shall perform the following:

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1) A manufacturer of a new bus model or a bus produced with a major change in components or configuration shall provide a copy of the final test report to the recipient at a point in the procurement process specified by the recipient which will be prior to the recipient’s final acceptance of the first vehicle.

2) A manufacturer who releases a report under paragraph 1 above shall provide notice to the operator of the testing facility that the report is available to the public.

3) If the manufacturer represents that the vehicle was previously tested, the vehicle being sold should have the identical configuration and major components as the vehicle in the test report, which must be provided to the recipient prior to recipient’s final acceptance of the first vehicle. If the configuration or components are not identical, the manufacturer shall provide a description of the change and the manufacturer’s basis for concluding that it is not a major change requiring additional testing.

4) If the manufacturer represents that the vehicle is “grandfathered” (has been used in mass transit service in the United States before October 1, 1998, and is currently being produced without a major change in configuration or components), the manufacturer shall provide the name and address of the recipient of such a vehicle and the details of that vehicle’s configuration and major components.

28 Recycled Products

42 U.S.C. § 6962, 40 CFR Part 247, Executive Order 12873

(Applies to all contracts and subcontracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds.)

The Contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 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. B.29 Safe Operation of Motor Vehicles a. Seat Belt Use Pursuant to Executive Order No. 13043, April 16, 1997, 23 U. S. C. § 402, the Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned, rented, or personally-operated vehicles and include this provision in any third party subcontracts, leases or similar documents in connection with this project. b. Distracted Driving, Including Texting While Driving Consistent with Executive Order No. 13513, “Federal Leadership on Reducing Text Messaging While Driving,” October 1, 2009, 23 U.S.C. Section 402 note, and DOT Order 3902.10, “Text Messaging While Driving,” December 30, 2009, FTA encourages each third party contractor to promote policies and initiatives for its employees and other personnel that adopt and promote safety policies to decrease crashes by distracted drivers, including policies to ban text messaging while driving, and to include this provision in any third party subcontract leases or similar documents in connection with this project.

c. Safety The Contractor is encouraged to: (1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving company-owned or rented vehicles; privately-owned vehicles when on official project-related business or when performing any work for or on behalf of the Project; or any vehicle, on or off duty, and using an electronic device. (2) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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d. Definitions (1) “Driving” means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. “Driving” does not include being in a vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary. (2) “Text Messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include the use of a cell phone or other electronic device for the limited purpose of entering a telephone number to make an outgoing call or answer an incoming call, unless the practice is prohibited by State or local law.

30 Buy America

49 U.S.C. § 5323(j), 49 CFR Part 661; 49 U.S.C. 5323(j)(2)(C), 49 CFR 661.11

(Applies to all purchases of steel, iron or manufactured products, and construction contracts over $100,000; and all purchases of buses, rolling stock and associated equipment over $100,000)

The Contractor agrees to comply with 49 U.S.C. 5323(j), as amended by MAP-21 and 49 CFR Part 661, to the extent consistent with MAP-21, and subsequent amendments to those regulations that may be promulgated. The Contractor also agrees to comply with FTA directives to the extent those directives are consistent with MAP-21, except to the extent that FTA determines otherwise in writing. Buy America requirements state that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waiver requirements are listed in 49 CFR 661.7. Appendix A grants a general public interest waiver from the Buy America requirements that apply to microprocessors, computers, microcomputers, or software, or other such devices, which are used solely for the purpose of processing or storing data. This general waiver does not extend to a product or device, which merely contains a microprocessor or microcomputer and is not used solely for the purpose of processing or storing data. Small purchases (currently less than $100,000) made with capital, operating, or planning funds are also exempt from the Buy America requirements. The value of small purchases should be determined by using “contract price” and not “unit price.” The Buy America requirements flow down from FTA recipients and sub-recipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Separate requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR 661.11, which provide that Federal funds may not be obligated unless rolling stock is manufactured in the United States and have a sixty percent (60%) domestic content. Rolling stock that is not subject to a general waiver must be manufactured in the United States and have a sixty percent (60%) domestic content. Rolling stock includes: buses, other vehicles used in transportation, train control equipment, communication equipment, and traction power equipment. These regulations require, as a matter of responsiveness, that the Offeror or Contractor submit to FRED the appropriate Buy America Certification with all proposals where FTA funds are provided, except those subject to a general waiver or less than $100,000. 31 Cargo Preference: Use of United States Flag Vessels

46 U.S.C. § 1241, 46 CFR, Part 381

(Applies to any contract in which equipment, materials or commodities may be transported by ocean vessel to carry out the contract)

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46 U.S.C. 55305 and 46 CFR Part 381 impose cargo preference requirements in contracts and subcontracts in which equipment, materials or commodities may be transported by ocean vessel in carrying out the project. If the Contractor has knowledge of or anticipates any equipment, materials or commodities that may be shipped by ocean vessel, the Contractor is obligated to inform FRED, so that additional requirements and clauses may be attached to this Contract.

32 “Fly America” Requirements

49 U.S.C. § 40118, 41 CFR Part 301-10

(Applies to any contract which involves transportation of persons or property by air between the U.S. and a place outside of the U.S.)

The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and sub-recipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. Flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 33 Pre-Award and Post-Delivery Audits of Rolling Stock Purchases

49 U.S.C. § 5323, 49 CFR Part 663, 49 CFR 661

(Applies to any contract for the acquisition of rolling stock/turnkey) 49 U.S.C. Section 5323(m), as amended by MAP-21 and FTA’s implementing regulation at 49 CFR 663, dated September 24, 1991, and when promulgated, any amendments to those regulations, require all recipients purchasing vehicles carrying passengers to conduct pre-award and post-delivery audits. Pre-Award Audit: The Contractor agrees to submit the following certifications: (1) Buy America Requirements (for contracts of $100,000 and more): The Contractor shall complete and submit a declaration certifying either compliance or noncompliance with Buy America (see Section A.29 Buy America). If the Contractor certifies compliance with Buy America, it shall submit documentation that indicates that 60% of the cost of all components are manufactured in the United States and that final assembly takes place in the United States. The documentation shall include: a) the component and subcomponent parts of the rolling stock to be purchased identified by manufacturer of the parts, their country of origin and costs; b) the location of the final assembly point for the rolling stock, including a description of the activities that will take place at the final assembly point and the cost of final assembly; and c) a copy of the letter from FTA granting a waiver on the vehicles(s) for all or part of the Buy America requirement under section 165(b)(1), (b)(2), or (b)(4) of the Surface Transportation Assistance Act (STAA) of 1982, as amended. (2) Solicitation Specification Requirements: The Contractor shall submit evidence that it will be capable of meeting the proposal specifications. (3) Federal Motor Vehicle Safety Standards (FMVSS) Certification (must be completed for all purchases): The Contractor shall submit: a) the manufacturer’s FMVSS self-certification sticker information that the

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vehicle complies with relevant FMVSS; or b) the manufacturer’s certified statement that the contracted vehicles will not be subject to FMVSS regulations (see A.25). Post-Delivery Audit: Upon completion of the vehicle(s), and prior to filing of the title, the Contractor shall provide the information indicated in 1-3 above. This post-delivery audit is required to ensure that the vehicle(s) were manufactured as intended. Failure to comply with this requirement or inability to certify Buy America compliance shall be cause for rejection of the vehicle(s). Upon delivery and acceptance of the equipment, the vehicle(s) shall undergo a thorough visual inspection and road test to assure compliance to contract specifications. *Note - The term "manufacturer" shall include, but not be limited to, the chassis manufacturer; the secondary manufacturer; a second party providing additions or modifications to the vehicle, and/or the Offeror. The Contractor will be required to submit the Pre-Audit information within three (3) working days of the Purchaser’s request. This information may also be submitted with the proposal. This pre-award audit information is required to be eligible for contract award. Failure to comply with this requirement shall be cause for rejection of the bid or proposal. 34 Geographic Preference Procurements shall be conducted in a manner that prohibits the use of statutorily or administratively imposed in- State or local geographical preferences in evaluation of award of proposals, except where applicable Federal statutes expressly mandate or encourage geographic preference. This does not preempt State licensing laws. 35 Exclusionary or Discriminatory Specifications

49 U.S.C. Section 5325(h) (Applies to all contracts)

The Contractor agrees that it will comply with the requirements of the Federal Public Transportation Act of 2012 and 49 U.S.C. Sect. 5325(h) by refraining from using any funds derived from FTA in performance of this Contract to support procurements using exclusionary or discriminatory specifications.

36 Metric System

49 U.S.C. Section 205a et seq.; Executive Order No. 12770, 15 U.S.C. Section 205a

(Applies to all contracts) To the extent required by U.S. DOT or FTA, the Contractor agrees to use the metric system of measurement in its Contract activities as may be required by 49 U.S.C. Sect. 205a et seq.; Executive Order No. 12770, "Metric Usage in Federal Government Programs," 15 U.S.C. Sect. 205a; and other regulations, guidelines and policies issued by U.S. DOT or FTA. To the extent practicable and feasible, the Contractor agrees to accept products and services with dimensions expressed in the metric system of measurement. 37 Sensitive Security Information

49 U.S.C. Section 40119(b), 49 CFR Part 15, 49 U.S.C. Section 114(r), 49 CFR Part 1520 Each third party contractor must protect, and take measures to ensure that its subcontractors at each tier protect, “sensitive security information” made available during the administration of a third party contract or subcontract to ensure compliance with 49 U.S.C. Section 40119(b) and implementing DOT regulations, “Protection of Sensitive Security Information,” 49 CFR Part 15, and with 49 U.S.C. Section 114(r) and implementing Department of Homeland Security regulations, “Protection of Sensitive Security Information,” 49 CFR Part 1520.

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38 Patent and Rights in Data 37 CFR Part 401, 49 CFR Parts 18 and 19

(Applies ONLY to research projects for which FTA finances the development of a product or information.)

CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. If the Contractor has knowledge or anticipates that this clause applies to the resulting contract, the Contractor is obligated to inform FRED, so that additional requirements and clauses may be attached to this Contract. 39 Contracts Involving Federal Privacy Act Requirements

5 U.S.C. 552

(Applies to any contract that involves the maintenance of files on drug and alcohol enforcement activities)

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 U.S.C. § 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. 40 Drug and Alcohol Testing

49 U.S.C. § 5331, 49 CFR Parts 653 and 654 (Applies to Operational Service Contracts)

1. The CONTRACTOR agrees to comply with the following Federal substance abuse regulations:

a. Drug-Free Workplace. U.S. DOT regulations, "Drug-Free Workplace Requirements (Grants)," 49 C.F.R.

Part 29, Subpart F, as modified by 41 U.S.C. §§ 702 et seq. b. Alcohol Misuse and Prohibited Drug Use. FTA regulations, "Prevention of Alcohol Misuse and Prohibited

Drug Use in Transit Operations," 49 CFR Part 655, to the extent applicable. The CONTRACTOR agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 655, produce any documentation necessary to establish its compliance with Parts 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the City, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing process. The CONTRACTOR agrees further to certify annually its compliance with Part 655 before February 15 and to submit the Management Information System (MIS) reports before February 15 to Senior Planner- Transit Administration, 2580 Sierra Sunrise Terrace, Suite 100, Chico, CA 95928. 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.

Option 1

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The Contractor agrees to participate in FRED’s drug and alcohol program established in compliance with 49 CFR 653 and 654. Option 2 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 Virginia, or FRED, 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 review the testing process. The Contractor agrees further to certify annually its compliance with Parts 653 and 654 before and to submit the Management Information System (MIS) reportsto FRED’s Project Manager, 1400 Jefferson Davis Highway, Fredericksburg, VA 22401. 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. Option 3 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 Virginia, or FRED, 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 review the testing process. The Contractor agrees further to certify annually its compliance with Parts 653 and 654 before and to submit the Management Information System (MIS) reports before to FRED’s Project Manager, 1400 Jefferson Davis Highway, Fredericksburg, VA 22401. 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. The Contractor agrees further to [Select a, b, or c] (a) submit before contract award and a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review and approval before contrac t award a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to items: (to be determined by the recipient) that may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium).

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Special Terms and Conditions Fredericksburg Regional Transit Procurement Policy

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SPECIAL TERMS & CONDITIONS and INSTRUCTIONS TO BIDDERS/OFFERORS Vendor. These TERMS & CONDITIONS and INSTRUCTIONS TO BIDDERS/OFFERORS are information included in Fredericksburg Regional Transit Procurement Policy and shall be binding on all Bidders or Offerors and are incorporated by reference in all contracts resulting from any written Requests for Quotes, Invitation to Bid, Request for Proposals issued, or Solicitations (collectively the “Request”), to which they are attached. Use of the term “bid” in these General Terms & Conditions and Instructions to Bidders/Offerors is not intended to be restricted to an Invitation to Bid and shall also affect written Request for Quotes, Invitation to Bid or Request for Proposals. “Shall” and “will” as used in the solicitation documents, as well as the resulting Contract, are interchangeable; both terms convey a mandatory obligation. “Including” means including without limitation. Procurements for FREDericksburg Regional Transit (FRED) are governed by the procurement policies and practices of the City of Fredericksburg (the City), of which FRED is a department. The City, in turn, has adopted the procurement policies and practices of the Commonwealth of Virginia. Fredericksburg Regional Transit is responsible for the purchasing activity of the agency, herein referred to collectively as “FRED.” Bidders/Offerors or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids/proposals; failure to do so will be at the Bidders’/Offerors’ own risk and except as provided by law, relief cannot be secured on the plea of error. Subject to all Federal, State and local laws, policies, resolutions, regulations, rules, limitations, and legislation including the Fredericksburg Regional Transit Procurement Policy, bids/proposals on all solicitations issued by FRED will bind Bidders/Offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation. Every effort has been made to ensure the general provisions are in conformity with FTA requirements; however, those requirements change from time to time and may not be accurately reflected herein in all instances. Where that is the case, FTA requirements shall prevail regardless of the language in this document.

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1.) FEDERAL TRANSIT ADMINISTRATION CLAUSES. 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 4220.1F, dated March 18, 2013, and are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The CONTRACTOR shall not perform any act, fail to perform any act, or refuse to comply with any THE CITY request, which would cause THE CITY to be in violation of the FTA terms and conditions. (ref. FRED Procurement Policy – 6)

2.) DISADVANTAGE BUSINESS ENTERPRISE. Each third party contractor must comply with the Department of Transportation Disadvantaged Business Enterprise (DBE) regulations (49 C.F.R. Part 26).

The CONTRACTOR agrees to take the following measures, as applicable, to facilitate participation by disadvantaged business enterprises (DBE) in the Project:

a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation

by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is .097%. A separate contract goal of DBE participation has not been established for this procurement.

b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as Fredericksburg Regional Transit deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

c. The contractor is required to pay its subcontractors performing work related to this contract for

satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from Fredericksburg Regional Transit. In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by Fredericksburg Regional Transit and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.

d. The contractor must promptly notify Fredericksburg Regional Transit, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of Fredericksburg Regional Transit.

(ref. FRED Procurement Policy – 8)

3.) PROMPT PAYMENT. In accordance with 49 CFR § 26.29, FRED shall include a prompt payment clause in all DOT-assisted contracts, including A&E contracts. The clause requires prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment from the grantee. (ref. FRED Procurement Policy – 10)

4.) TRANSIT EMPLOYEE PROTECTION

a. The Contractor agrees to comply with applicable transit employee protective requirements as follows:

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(i) 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 contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. 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 the FTA Recipient'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 a., 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 U.S.C. § 5310(a)(2), or for projects for non-urbanized areas authorized by 49 U.S.C. §5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (ii) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 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 U.S.C. § 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 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient 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 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. 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. (iii) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Non-urbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Non-urbanized 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.

b. 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.

(ref. FRED Procurement Policy – 12)

5.) TERMINATION PROVISIONS. Upon written notice, CONTRACTOR agrees that the Federal

Government may suspend or terminate all or part of the Federal financial assistance provided herein if CONTRACTOR has violated the terms of the Grant Agreement or Cooperative Agreement, or if the Federal Government determines that the purposes of the statute authorizing the Project would not be adequately served by the continuation of Federal financial assistance for the Project. Any failure to make reasonable progress on the Project or other violation of the Grant Agreement or Cooperative Agreement that endangers substantial performance of the Project shall provide sufficient grounds for the Federal Government to terminate the Grant Agreement or Cooperative Agreement. Termination of any Federal financial assistance for the Project will not invalidate obligations properly incurred by CONTRACTOR before the termination date, to the extent those obligations cannot be canceled. If, however, the Federal Government determines that CONTRACTOR has willfully misused Federal assistance funds by failing to make adequate progress, failing to make reasonable and appropriate use of the Project real property, facilities, or equipment, or has failed to comply with the terms of the Grant Agreement or Cooperative Agreement, the Federal Government reserves the right to require CONTRACTOR to refund the entire amount of Federal funds provided for the Project or any lesser

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amount as the Federal Government may determine. Expiration of any Project time period established for the Project does not, by itself, constitute an expiration or termination of the Grant. Agreement or Cooperative Agreement.

a. Termination for Convenience: The City may terminate this contract, in whole or in part, at any time

by written notice to the CONTRACTOR. The CONTRACTOR shall be paid its costs, including contract closeout costs, and profit on work performed up to the time o f termination. The CONTRACTOR shall promptly submit its termination claim to the City to be paid the CONTRACTOR. If the CONTRACTOR has any property in its possession belonging to the City, the CONTRACTOR will account for the same, and dispose of it in the manner the City directs.

b. Termination for Default: If the CONTRACTOR does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the CONTRACTOR fails to perform in the manner called for in the contract, or if the CONTRACTOR fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the CONTRACTOR setting forth the manner in which the CONTRACTOR is in default. The CONTRACTOR will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the CONTRACTOR had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or beyond the control of the CONTRACTOR, the City, after setting up a new delivery of performance schedule, may allow the CONTRACTOR to continue work, or treat the termination as a termination for convenience.

c. Termination for Cost-Type Contracts: the City may terminate this contract, or any portion of it, by serving a notice of termination on the CONTRACTOR. The notice shall state whether the termination is for convenience of the City or is for the default of the CONTRACTOR. If the termination is for default, the notice shall state the manner in which the CONTRACTOR has failed to perform the requirements of the contract. The CONTRACTOR shall account for any property in its possession paid for from funds received from the City, or property supplied to the CONTRACTOR by the City. If the termination is for default, the City may fix the fee, if the contract provides for a fee, to be paid the CONTRACTOR in proportion to the value, if any, of the work performed up to the time of termination. The CONTRACTOR shall promptly submit its termination claim to the City and the parties shall negotiate the termination settlement to be paid the CONTRACTOR. (ref. FRED Procurement Policy – 19)

6.) LOBBYING. The CONTRACTOR agrees to:

a. Refrain from using Federal assistance funds to support lobbying, b. Comply, and assure the compliance of each third party CONTRACTOR at any tier and each

SUBCONTRACTOR at any tier, with U.S. DOT regulations, "New Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C. § 1352.

c. Comply with Federal statutory provisions to the extent applicable prohibiting the use of Federal

assistance funds for activities designed to influence Congress or a State legislature on legislation or appropriations, except through proper, official channels. (ref. FRED Procurement Policy – 24)

7.) WATER POLLUTION CONTROL. The Contractor agrees to comply will all applicable standards, orders

or regulations issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et. seq.) resulting from any activity of the contractor in connection with the performance of the contract to FTA and to the appropriate U.S. EPA regional office. The contractor is responsible for the disposal of hazardous materials,

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in accordance with applicable Federal, State and Local law and guidelines.

a. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

b. 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. (ref. FRED Procurement Policy – 26)

Authorized Users: Fredericksburg Regional Transit Authorizes the use of this contract by Transit Agencies within the Commonwealth of Virginia that provide transportation services in Virginia and receive funding from the Federal Transit Administration. Agencies must receive approval from Fredericksburg Regional Transit’s Director of Public Transit in writing for authorization before use. Agencies include: AACS/Four County Transit Alexandria Transit Blacksburg Transit Bristol Virginia Transit Charlottesville Area Transit Danville Transit Greater Lynchburg Transit Company Greater Richmond Transit Company Greater Roanoke Transit Company Hampton Roads Transit Petersburg Area Transit Jaunt, Inc. City of Suffolk (Suffolk Transit) Williamsburg Area Transit Winchester Transit

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ATTACHMENT A – PRICING SCHEDULE

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Attachment A – Pricing Schedule Pricing Schedule/Options BASE PRICE – 2021 Freightliner Vehicle VEHICLE A: _______ Passenger (BOC) Vehicle $ ________________________ VEHICLE B: _______ Passenger (BOC) Vehicle $ ________________________ NOTE: Training and warranty information must be included in the base price of the vehicle. However, Offerors must provide in their response in Volume 2, Tab F that provides training cost per training component. OPTIONS Offeror’s must provide a comprehensive list of vehicle options to include, but not limited to the following items below. Some options are included in the vehicle base price; however, proposals should provide costs of the items below in circumstances where items are needed.

OPTION PRICE 1. Seats – Flip (include dimensions) 2. Seats – Fold-a-way (include dimensions) 3. Stainless steel wheel inserts 4. Seat Coverings (per seat) – Level 4 - 7 5. Q-Straint system 6. Touch Tape 7. Driver’s locking box 8. Sliding battery tray 9. Exterior step-well light 10. Electric entrance door 11. Next stop signal system 12. Enunciator system (approved manufacturer, provide brand) 13. Driver seat options 14. LED lights vs. standard 15. Retractable seat belts 16. ABS seat backs 17. Standee Straps 18. Vehicles keys (keyed the same) 19. Safety flooring 20. Driver barriers and plexiglass systems 21. Back up camera/Rearview Mirror 22. Zonar system (EVIR) 23. Digital clock in cab area 24. Drivers fan 25. Diamond NV Farebox 26. Sportsworks mounting hardware (exclusive of rack, installed) 27. Sportswork DL2 bike rack 28. Sportswork bike rack – non-stainless steel 29. Interior Ad racks 30. Remote/Heated mirrors 31. Front/Side Horizon destination signs

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32. Full body paint 33. Locking fuel door 34. Buzzer on egress windows. 35. Alarm and light signaling lift door 36. Vented access door in header 37. Roof numbers 38. Exterior passenger entrance key 39. Controls mounted over windshield 40. Echovision system 41. Alternator (AMP) options 42. Fuel sending unit access plate 43. Aluminum wheels (set of 4) 44. Spare wheel and tire 45. Yellow standee line and step nosing 46. Yellow stanchions & Standee rails 47. Mor/Ryde suspension 48. Exterior speaker 49. Overdrive control 50. GFI Odyssey farebox (specify model number) 51. GFI Fastfare farebox (specify model number) 52. Electronic farebox (provide brand) 53. Driver’s privacy glass located on stanchion behind driver. 54. Full Bus Wrap including windows 55. Full Bus Wrap excluding windows 56. Installation of Zonar Electronic Vehicle Inspection Report System

(EVIR)

57. Installation of Zonar V2J: High definition GPS and Vehicle Diagnostics system

58. Remote control and heated mirrors 59. Overhead storage compartment 60. Driver’s side aluminum running board 61. LED interior lighting 62. AngelTrax six camera system 63. AngelTrax eight camera system 64. AngelTrax – additional camera (1) unit 65. Add GPS to AngelTrax system 66. Electrically operated entry door vs. manual controller 67. Fuel sending unit access to panel 68. Full body paint vs. standard white 69. Freedman City Seats vs. standard 70. PA system 71. Farebox floor plate and power supply 72. Motorola radio – wiring/installation 73. Seat Armrests (per seat)

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ATTACHMENT B – PAST PERFORMANCE AND CLIENT REFERENCES

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PAST PERFORMANCE AND CLIENT REFERENCE INFORMATION Offerors are to provide a list of at least four current or recent accounts, governmental or commercial, that the Offeror is servicing, has serviced, or has provided similar products; including those provided to transit agencies. This information should include the length of service, the name, address, telephone number, and email of the point of contact. Offerors should

A. Company _______________________________________ Contact: _____________________________ Email __________________________________________ Phone: _______________________________ Project Description ____________________________________________________________________ ____________________________________________________________________________________ Contractor’s delivery time after receipt of purchase order (in calendar days) __________________________ Date of Services: _________________________________ Contract Value: _________________________

B. Company _______________________________________ Contact: _____________________________ Email __________________________________________ Phone: _______________________________ Project Description ____________________________________________________________________ Contractor’s delivery time after receipt of purchase order (in calendar days) __________________________ Date of Services: _________________________________ Contract Value: _________________________

C. Company _______________________________________ Contact: _____________________________ Email __________________________________________ Phone: _______________________________ Project Description ____________________________________________________________________ Contractor’s delivery time after receipt of purchase order (in calendar days) __________________________ Date of Services: _________________________________ Contract Value: _________________________

D. Company _______________________________________ Contact: _____________________________ Email __________________________________________ Phone: _______________________________ Project Description ____________________________________________________________________ Contractor’s delivery time after receipt of purchase order (in calendar days) __________________________ Date of Services: _________________________________ Contract Value: _________________________

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Attachment C – Transit Vehicle/Bus Description

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TRANSIT VEHICLE / BUS DESCRIPTION (Proposer to complete form for each size vehicle offered) (Proposer to complete form for each size vehicle offered) A. Bus Manufacturer: ________________________ B. Bus Model #/Name: __________________ C. Dimensions:

1. Overall Length: a. Over Bumpers: Ft _In

b. Over Body: Ft _In

2. Overall Width: a. Over Body excluding Mirrors: In

b. Over Body including Mirrors: In

3. Overall Height: a. At Front Centerline of Bus: In

b. At Rear Centerline of Bus: In

4. Angle of Approach: Deg

5. Breakover Angle: Deg

6. Angle of Departure: Deg

7. Front Doorway Clear Opening (including Grab Handles):

a. Front Door: Width ______In Height _ In

b. Rear Door: Width In Height _ In

8. Step Height from Ground, Step Riser Heights and Step Depth:

a. Bus Floor: In (Height from Ground)

b. Interior Step: _ In (Tread Depth)

In (Height from Floor)

c. Interior Step: _ In (Tread Depth)

In (Height from Floor)

9. Interior Head Room (Centerline):

a. Front Axle Centerline: In

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b. Rear Axle Centerline: In

10. Floor Height Above Ground (each Door): a. Front Door: In

b. Rear Door: In

11. Minimum Ground Clearance: a. Excluding Axles: In

b. Including Axles: In

12. Horizontal Turning Envelope:

a. Outside Body (Including Bumper) Turning Radius:

Ft In b. Inside Turning Radius:

Ft In

13. Wheelbase: Ft In

14. Overhang (Centerline of Axle over Bumper):

a. Front: Ft In

b. Rear: Ft In

15. Seats: a. Total Number of Seat Positions:

b. Minimum Knee-to-Hip Room: In

c. Minimum Aisle Width: In

d. Manufacturer and Model No./Name: 1) Passenger: 2) Operator:

16. Alignment

a. Ride height _________In b. Pinion angle _________Deg

D. Weight of Bus Full Complement Fluids GVWR (Fuel/Oil/Water)

1. On Front Axle: lbs lbs

2. On Rear Axle: lbs lbs

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3. Total: lbs lbs E. Estimated Fuel Efficiency of Complete Bus

1. Miles per Gallon _______ MPG F. Engine:

1. Manufacturer:

2. Type: 3. Model Number:

4. No. of Cylinders:

5. Net SAE Horsepower: HP at RPM

6. Net SAE Torque: Lb. Ft. at ______RPM

7. Weight, Dry: lbs

8. Crankcase Oil Capacity: qts

9. Turbocharger, Make & Type:

10. Maximum RPM, No Load: RPM

11. Maximum RPM, Full Load: RPM

12. RPM at Idle: RPM

13. RPM at Fast Idle: RPM

14. Exhaust After Treatment Make & Type:

15. Exhaust Pipe Discharge Location:

G. Transmission:

1. Manufacturer: 2. Type:

3. Model Number:

4. # of Forward Speeds:

5. Gear Ratios:

a. First Gear:

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b. Second Gear:

c. Third Gear (if applicable):

d. Final Drive Gear:

e. Reverse:

6. Shift Speeds:

a. 1st to 2P

nd P _MPH _RPM

b. 2nd to 3rd (if Applicable): _MPH _ _RPM

c. 2nd/3rd to Final Drive: _MPH ________RPM

7. Oil Capacity (including Heat Exchanger): Qts

8. Transmission Heat Exchanger Model/Type:

H. Alternator:

1. Manufacturer:

2. Type:

3. Model:

4. Output at Idle: Amps Volts

5. Output at Max RPM: Amps Volts

6. Speed at Idle: RPM

7. Drive Type: I. Starter Motor

1. Manufacturer:

2. Type:

3. Model: J. Cooling System

1. Radiator Manufacturer/Model:

2. Cooling Fan Type/Size:

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3. Fan Drive Manufacture:

4. Fan Speed at Engine Idle Speed: RPM

5. Maximum Fan Speed : RPM

6. Cooling System Capacity: BTUs

7. Total Cooling System Capacity (incl. Front Heater/Defroster):_ Gal. K. Air Conditioning/Climate Control:

1. Cooling System Capacity: BTUs

2. Freon Capacity: lb 3. Freon Type:

4. Compressor:

a. Manufacturer:

b. Model No.:

c. Capacity:

5. A/C Evaporator/Condensers Blowers:

a. Manufacturer:

b. Model No.:

c. Capacity:

6. Front Drivers Heater/Defroster:

a. Manufacturer/Model No.: _

b. Capacity: BTUs

L. Interior Lighting:

1. Type:

2. Number of Fixtures: _

3. Size of Fixtures: _ M. Body Construction:

1. Side Wall Construction Material:

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2. Roof Construction Material:

3. Underfloor Chassis Structure Material:

4. Floor Construction Material:

5. Wheel Well Material:

6. Entry/Exit Door Construction Material:

7. Front/Rear Cap Material:

8. Side Window Frame Material:

9. Access Panels Construction Material: 10. Roof Insulation Material: ____________________ 11. Roof Insulations Rating: ____________________ 12. Wall Insulation Material: ____________________ 13. Wall Insulation Rating: ____________________

N. Fare Collection System(s)

1. Manufacturer:

2. Type:

3. Model:

O. Wheel Chair Lift System (including Restraint system)

1. Lift Manufacturer:

2. Lift Type: 3. Lift Model:

4. Restraint system manufacturer: __________________________

5. Restraint system type: __________________________

6. Restraint system model: __________________________

P. Suspension Systems 1. Front spring rating: ____________________________

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2. Rear Spring/ Bag rating: ____________________________

3. Front Shock Absorber rating: ____________________________

4. Rear Shock Absorber rating: ____________________________

Q. Rear Axle

1. Gear Ratio: ____________________________

2. Rating: ____________________________

3. Manufacturer: ____________________________

R. Font Axle

1. Rating: ____________________________

2. Manufacturer: ____________________________

S. Brake Systems

1. Service System type: Air or Hydraulic

Front:

1. Brake Rotor/ Drum Size: ____________________________

2. Brake Rating: ____________________________

Rear:

1. Brake Rotor/ Drum Size: ____________________________

2. Brake Rating: ____________________________

2. Parking brake system type: ____________________________

T. Wheel

1. Size: ____________________________

2. Rating: ____________________________

3. Manufacturer: ____________________________

U. Driveline

1. Size: ____________________________

2. Manufacturer: ____________________________

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3. U-Joint size: ____________________________

4. Number of pieces: ____________________________

V. Batteries

1. Number of Batteries: ____________________________

2. Manufacturer: ____________________________

3. Type: _____________________________

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ATTACHMENT D – CONTRACTOR SERVICE AND PARTS SUPPORT DATA

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CONTRACTOR SERVICE AND PARTS SUPPORT DATA (Offerors can report on a separate document with same format in order to provide a more detailed response if necessary) Location of nearest Technical Service Representative to FRED: Name: ______________________________________________ Address: _____________________________________________ Telephone: ___________________________________________ Email: _______________________________________________ Describe technical services readily available from said representative: __________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________ Location of nearest Parts Distribution Center to FRED: Name: _______________________________________________ Address: _____________________________________________ Telephone: ___________________________________________ Describe the extent of parts available at said center: __________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________ Extent of parts available at reference center and policy for delivery of parts and components to be purchased for service and maintenance: __________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________ Regular method of shipment: __________________________________________________________ Provide the following Proposer Service and Parts Support Data: Location of nearest Authorized Dealership or Repair Facility to FRED with full Warranty and Repair capabilities: Name: ______________________________________________ Address: _____________________________________________ Telephone: ___________________________________________ Email: _______________________________________________ Description of technical services readily available from said representative: __________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________ Description of on-site (at FRED) warranty and repair capabilities: __________________________________________________________________________________________________________________________________________________________________________________________ __________________________________________________________________________________________________________________________________________________________________________________________

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Attachment E – Request for Approved Equals or Deviations

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Request for Approved Equals or Deviations This section may be used by Offerors to provide any additional detail or information to components of this solicitation. Proposals for approved equals or deviations may be included; however, FRED reserves the right to not accept any proposed modifications, approved equals or deviations. These items should be minimized as Offerors should be affirming their ability to respond to the technical specifications as presented to the extent possible and/or that offer FRED the best product. Offeror Name: __________________________________________________________________ Vehicle A

Vehicle B

The request for approved equals for the RFP referenced above are approved if indicated with a check mark under the Approved column and will be accepted if submitted as part of a proposal. Any request for approved equals that does not have a check mark under the Approved column is not approved as an equal and will not be accepted if submitted as part of a proposal. The acceptance of an approved item does not guarantee award of the contract. _______________________________________ ________________________________________ Offeror’s Signature Purchasing Manager’s Signature

_______________________________________ ________________________________________ Offeror’s Title Purchasing Manager’s Name

_______________________________________ ________________________________________ Date Date

Page Section Description Request

Approval Denial/Comments

Page Section Description Request

Approval Denial/Comments

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APPENDICES – FEDERAL CERTIFICATIONS APPENDIX A - CERTIFICATION AND RESTRICTIONS ON LOBBYING APPENDIX B - GOVERNMENT-WIDE DEBARMENT AND SUSPENSION APPENDIX C - BUS TESTING CERTIFICATION APPENDIX D - PRE-AWARD PURCHASERS REQUIREMENTS CERTIFICATION – COMPLIANCE WITH BUY AMERICA ROLLING STOCK REQUIREMENTS APPENDIX E - PRE-AWARD CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK (VENDOR) APPENDIX F - TRANSIT VEHICLE MANUFACTURER (TVM) CERTIFICATION APPENDIX G - POST DELIVERY CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK

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CERTIFICATION AND RESTRICTIONS ON LOBBYING

I, ___________________________________________________, hereby certify (Name and title of official)

On behalf of ____________________________________________________ that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, and 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.

If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the 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.

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-contract, subgrants and contracts under grants, loans, and cooperative agreements) and that all 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 31 U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned 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 U.S.C. § 3801, et seq., are applicable there to. Name of Offeror/Company Name ___________________________________________ Name (Print) ___________________________________________________________ Signature of authorized representative _________________________ Date ___/___/___ Signature of Notary and Seal ______________________________________________

Appendix A

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GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NON PROCUREMENT)

Instruction for Certification: By signing and submitting this bid or proposal, the prospective lower tier participant is providing the signed certification set out below.

1. It will comply and facilitate compliance with U.S. DOT regulations, “Non-procurement Suspension

and Debarment,” 2 C.F.R. pt. 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) “Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement),” C.F.R. pt. 180,

2. To the best of its knowledge and belief, that its Principals and Subrecipients at the first tier: a. Are eligible to participate in covered transactions of any Federal department or agency and are not

presently: 1. Debarred, 2. Suspended, 3. Proposed for debarment, 4. Declared ineligible, 5. Voluntarily excluded, or 6. Disqualified

b. Its management has not within a three-year period preceding its latest application or proposal been convicted of or had a civil judgement rendered against any of them for: 1. 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,

2. Violation of any Federal or State antitrust statute, or 3. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,

making any false statement, or receiving stolen property, c. It is not presently indicted for, or otherwise criminally or civilly charged by a government entity

(Federal, State, or local) with commission of any of the offenses listed in the preceding subsection 2.b of this Certification,

d. It has not had one or more public transactions (Federal, State, or local) terminated for cause or default within a three—year period preceding this Certification,

e. If, at a later time, it receives any information that contradicts the statements of subsections 2.a – 2.d above, it will promptly provide that information to FTA,

f. It will treat each lower tier contract or lower tier subcontract under its Project as a covered lower tier contract for purposes of 2 C.F.R. pt. 1200 and 2 C.F.R. pt. 180 if it: 1. Equals or exceeds $25,000, 2. Is for audit service, or 3. Requires the consent of a Federal official, and

g. It will require that each covered lower tier Offeror and subcontractor: 1. Comply and facilitate compliance with the Federal requirements of 2 C.F.R. pts. 180 and 1200,

and 2. Assure that each lower tier participant in its Project is not presently declared by any Federal

department or agency to be: a. Debarred from participation in its federally funded Project, b. Suspended from participation in its federally funded Project, c. Proposed for debarment from participation in its federally funded Project, d. Declared ineligible to participate in its federally funded Project, e. Voluntarily excluded from participation in its federally funded Project, or f. Disqualified from participation in its federally funded Project, and g. It will provide a written explanation as indicated on a page attached in FTA’s TEAM-Web

or the signature Page if it or any of its principals, including any of its first tier sub-recipients

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or its Third Party Participants at a lower tier, is unable to certify compliance with the preceding statements in this Certification Group.

Certification

Name of Offeror/Company Name _____________________________________________________

Signature of authorized representative ___________________________ Date ___/___/____

Name and title of Offeror’s Authorized Official _____________________________________

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Appendix B

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BUS TESTING CERTIFICATION

The undersigned Offeror [Offeror/Manufacturer] certifies that the vehicle model or vehicle models offered in this bid submission complies with 49 C.F.R. pt. 665, and any amendments, thereto, according to one of the indicated following alternatives.

(Indicate with an “X” only one of the following statements) 1. ___ The vehicles offered herewith have been tested in accordance with 49 CFR Part 665 on

__________________ (date). The vehicles being sold should have the identical configuration and major components as the vehicle in the test report, which must be submitted with the Offer. If the configuration or components are not identical, the manufacturer shall provide with this Certification a description of the change and the manufacturer’s basis for concluding that it is not a major change requiring additional testing.

2. ___ The vehicles offered are a new model, or with a major change in configuration or components to be

acquired, and will be tested, and the full testing report(s) and any applicable partial testing report(s) will be submitted to WATA prior to final acceptance of the first vehicle.

3. ___ The manufacturer represents that the vehicles offered are “grandfathered” (have been in mass transit

service in the United States before October 1, 1988, and are currently being produced without a major change in configuration or components), and submits with this bid the name and address for the recipient of such a vehicle and the details of that vehicle’s configuration and major components.

4. ___ The manufacturer represents that the vehicles offered are not required to be bus tested.

A copy of the test report (for each bid ITEM) prepared by the Federal Transit Administrations’ (FTA) Altoona, Pennsylvania Bus Testing Center is attached to this certification and is a true and correct copy of the test report as prepared by the facility. The undersigned understands that misrepresenting the testing status of a vehicle acquired with Federal financial assistance may subject the undersigned to civil penalties as outlined in the U.S. Department of Transportation’s regulation on Program Fraud Civic Remedies, 49 C.F.R. pt. 31. In addition, the undersigned understands that FTA may suspend or debar a manufacturer in accordance with federal law. Name of Offeror/Company Name ____________________________________________ Name (Print) ____________________________________________________________ Signature of authorized representative _________________________ Date ___/___/___

Signature of Notary and Seal ________________________________________________

Appendix C

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PRE-AWARD CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK (VENDOR) 71 ed. Reg. 14117 (Mar. 1, 2006) as amended at 72 Fed. Reg. 53698 (Sept. 20, 2007); 74 Fed. Reg. 30239 (June 25, 2009) PRE-AWARD AUDIT REQUIREMENTS A recipient purchasing revenue service rolling stock with FTA funds must ensure that a pre-award audit under this is complete before the recipient enters into a formal contract for the purchase of such rolling stock. DESCRIPTION OF PRE-AWARD AUDIT A pre-award audit under this part includes—(a) A Buy America certification; (b) A purchaser’s requirements certification; and (c) Where appropriate, a manufacturer’s Federal motor Vehicle Safety certification information. PRE-AWARD BUY AMERICA CERTIFICATION For the purposes of this part, a pre-award Buy America certification is a certification that the recipient keeps on file that:

B. There is a letter from FTA which grants a waiver to the rolling stock to be purchased from the Buy America requirements under section 165(b)(1), (b)(2), or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended; or

C. The recipient is satisfied that the rolling stock to be purchased meets the requirements of section 165(a) or (b)(3) of the Surface Transportation Assistance Act of 1982, as amended, after having reviewed itself or through an audit prepared by someone other than the manufacturer or its agent documentation provided by the manufacturer which lists:

1. The Component and subcomponent parts of the rolling stock that are produced in the United States is more than sixty percent of the cost of all components and subcomponents of the vehicle identified by the manufacturer; and

2. The location of the final assembly must take place in the United States (49 C.F.R. § 661.11), including a description of the activities that will take place at the final assembly point and the cost of final assembly.

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PRE-AWARD PURCHASERS REQUIREMENTS CERTIFICATION – COMPLIANCE WITH BUY AMERICA ROLLING STOCK REQUIREMENTS

For purposes of this part, a pre-award purchaser’s requirements certification is a certification a recipient keeps on file that:

A. The rolling stock the recipient is contracting for is the same product described in the purchaser’s solicitation specification; and

B. The proposed manufacturer is a responsible manufacturer with the capability to produce a vehicle that meets the recipients specification set forth in the recipient’s solicitation.

If buses or other rolling stock (including train control, communication, and traction power equipment) are being procured, the appropriate certificate as set forth below shall be completed and submitted by each Offeror in accordance with the requirements in 49 C.F.R. § 661.13(b). PRE-AWARD FMVSS COMPLIANCE CERTIFICATION As required by 49 C.F.R. pt. 663 – Subpart D, the recipient certifies that it received at the pre-award stage, a copy of the manufacturer’s self-certification information stating the buses will comply with the relevant Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in 49 C.F.R. pt. 571. Bidder or offeror Certificate of: Compliance with Buy America and FMVSS Rolling Stock Requirements The Bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. § 5323(j), and the applicable regulations of 49 C.F.R. § 661.11, as amended. Company ________________________________________________________ Name ___________________________________________________________ Signature ___________________________________ Date_________________

Appendix D

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PRE-AWARD CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK (VENDOR) Cont. Bidder of offeror Certificate of: NON COMPLIANCE with Buy America and FMVSS Rolling Stock Requirements The Bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. § 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. § 5323(j)(2)(C), and the applicable regulations in 49 C.F.R. § 661.7. Company ________________________________________________________ Name ___________________________________________________________ Signature ___________________________________ Date_________________

Appendix E

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TRANSIT VEHICLE MANUFACTURER (TVM) CERTIFICATION Pursuant to the provisions of Section 105(f) of the Surface Transportation Assistance Act of 1982, each Offeror for this contract must certify that it has complied with the requirements of 49 C.F.R. § 26.49, regarding the participation of Disadvantaged Business Enterprises (DBE) in FTA assisted procurements of transit vehicles. Absent this certification, properly completed and signed, a proposal shall be deemed non-responsive. _____________________________________________, a TVM, hereby certifies that it has complied (Name of Manufacturer) with the requirement of 49 CFR Part 26.49 by submitting a current annual DBE goal to FTA. The goals apply to Federal Fiscal Year ________, October 1, _________ to September 30, __________ and have been approved or not disapproved by FTA.

OR _________________________________________________, hereby certifies that the Manufacturer (Name of Dealer/Distributor) of the transit vehicle to be supplied, ____________________________________________, has (Name of Manufacturer) complied with the above referenced requirement of 49 CFR part 26.49. Certification: I hereby certify for the Offeror named below, that it has complied with the provisions of 49 C.F.R. § 26.49, regarding the participation of Disadvantaged Business Enterprises (DBE) in FTA assisted procurements of transit vehicles. Absent this certification, properly completed and signed, a proposal shall be deemed non-responsive. Certification: I hereby certify, for the Offeror named below, that it has complied with the provisions of 49 C.F.R. § 26.49 and that I am duly authorized by said Offeror to make this certification. Name of Offeror/Company ____________________________________________ Signature of Representative ___________________________________________ Type or Print _______________________________________________________ Title ______________________________________________________________ Date ___ / ___ / ______ NOTARY Subscribed and sworn before me this ____ day of ________________________, 202___, in ____________________________________________ (City and State) ________________________________________ Notary Public Signature (Seal) Commission Expiration: ____________ Commission Number: ______________

Appendix F

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POST DELIVERY CERTIFICATIONS

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POST DELIVERY CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK (VENDOR) POST DELIVERY AUDIT REQUIREMENTS A recipient purchasing revenue service rolling stock with FTA funds must ensure that a post-delivery audit is complete before title to the rolling stock is transferred to the recipient. DESCRIPTION OF POST DELIVERY AUDIT A post-delivery audit under this part includes: (a) A post-delivery Buy America certification as described in 49 C.F.R. § 663.35; (b) A post-delivery purchaser’s requirements certification as described in 49 C.F.R.§ 663.37; and (c) When appropriate, a manufacturer’s Federal Motor Vehicle Safety Standard self-certification information as described in 49 C.F.R. § 663.41 or 49 C.F.R. § 663.43. POST DELIVERY BUY AMERICA CERTIFICATION For purposes of this part, a post-delivery Buy America certification is a certification that the recipient keeps on file that:

A. There is a letter from FTA which grants a waiver to the rolling stock received from the Buy America requirements under sections 165 (b)(1), or (b)(4) of the Surface Transportation Assistance Act of 1982, as amended; or

B. The recipient is satisfied that the rolling stock received meets the requirements of section 165 (a) or (b)(3) of the Surface Transportation Assistance Act of 1982, as amended, after having reviewed itself or by means of an audit prepared by someone other than the manufacturer or its agent documentation provided by the manufacturer which lists:

1. Components and subcomponent parts of the rolling stock identified by manufacturer of the parts, their country of origin and costs; and

2. The actual location of the final assembly point for the rolling stock including a description of the activities which took place at the final assembly point and the cost of the final assembly. POST DELIVERY PURCHASERS REQUIREMENTS CERTIFICATION For purposes of this part, a post-delivery purchaser’s requirements certification is a certification that the recipient keeps on file that –

A. Except for procurements covered under paragraph (c) in this section, a resident inspector (other than an agent or employee of the manufacturer) was at the manufacturing site throughout the period of manufacture of the rolling stock to be purchased and monitored and completed a report on the manufacturer of such rolling stock. Such a report, at a minimum, shall:

1. Provide accurate records of all vehicle construction activities; and 2. Address how the construction and operation of the vehicles fulfills the contract specifications.

B. After reviewing the report required under paragraph (a) of this section, and visually inspecting and road testing

the delivered vehicles, the vehicles meet the contract specifications.

C. For procurements of: 1. 10 or fewer buses; or 2. Procurement of 20 vehicles or fewer serving rural (other than urbanized) areas, or urbanized areas of 200,000

people or fewer; or 3. Any number of primary manufacturer standard production and unmodified vans, after visually inspecting and

road testing the vehicles, the vehicles meet the contract specifications. POST DELIVERY AUDIT REVIEW

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A. If a recipient cannot complete a post-delivery audit because the recipient or its agent cannot certify Buy America compliance or that the rolling stock meets the purchaser’s requirements specified in the contract, the rolling stock may be rejected and final acceptance by the recipient will not be required. The recipient may exercise any legal rights it has under the contract or at law.

B. This provision does not preclude the recipient and manufacturer from agreeing to a conditional acceptance of rolling stock pending manufacturer’s correction of deviations within a reasonable period of time. POST DELIVERY FMVSS COMPLAINCE CERTIFICATION If a vehicle purchased under this part is subject to the Federal Motor Vehicle Safety Standards issued by the National Highway Traffic Safety Administration in 49 C.F.R. pt. 571, a recipient shall keep on file its certification that it received, both at the pre-award and post-delivery stage, a copy of the manufacturer’s self-certification information that the vehicle complies with relevant Federal Motor Vehicle Safety Standards.

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POST DELIVERY CERTIFICATION FOR PROCUREMENT OF ROLLING STOCK (VENDOR) Cont.

Certificate of COMPLIANCE with Buy America and FMVSS Rolling Stock Requirements. The Bidder or offeror hereby certifies that it will comply with the requirements of 49 U.S.C. 5323(j), and the applicable regulations of 49 C.F.R. § 661.11. Company __________________________________________________________ Name __________________________________ Title ______________________ Signature __________________________________________ Date ___________ Certificate of NON-COMPLAINCE, Buy America and FMVSS Rolling Stock Requirements. The Bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. § 5323(j), but may qualify for an exception to the requirement consistent with 49 U.S.C. § 5323(j)(2)(C), and the applicable regulations in 49 C.F.R. § 661.7. Company__________________________________________________________ Name __________________________________ Title ______________________ Signature __________________________________________ Date ___________

Appendix B