RFQ 09-01 Bus Line Inspections.doc

REQUEST FOR QUOTE (RFQ)

—NORTH EAST TRANSPORTATION

A Request for Quote (RFQ) is being sought from qualified Vendors to supply Northwestern Connecticut Transit District (NWCTD) and Northeastern Connecticut Transit District (NECTD) with Bus Inspections Services and Buy America Audit Services. This RFQ outlines the Scope of Specifications & Services that North East Transportation (NET) requires for this request, on behalf of NWCTD and NECTD. NET will be the lead agency.

Quotes should be clearly marked “Bus Inspections Services and Buy America Audit Services” and be sent to gguerrera@ct-transwb.com or to the attention of Gabby Guerrera, Procurement Specialist, 761 Frost Bridge Road, Watertown, CT 06795. Quotes must be received on or before Thursday, September 24, 2026, no later than 2:00 p.m.

Quoter Qualifications:

The equipment and services required will be acceptable only if they are offered by a person, firm or corporation with the following qualifications:

· Adequate experience, capabilities and verifiable history in the provision of the equipment sought through this Quote;

· Adequate equipment, personnel, and financial resources to fulfill the agreement in a satisfactory manner within the time specified;

Pricing Pricing must be entered on the Pricing Quote Forms contained in this Quote and are to be quoted and broken down as specified. The Vendor shall state the price based on 30 days net. NET assumes no responsibility for errors. The quote price/cost shall include all labor, materials, tools, equipment, transportation, and other costs necessary to fully complete the procurement pursuant to the Quote terms, conditions, and specifications. It is the intention of these specifications to provide and require complete services and supplies as prescribed herein. Any items omitted from the specifications, which are necessary for such service, shall be considered a portion of such service although not directly specified or called for in these specifications. No advantage shall be taken of the omission of any part or detail, which fails to make the service complete and ready for full effective and efficient utilization.

Taxes & Interest

Northwestern Connecticut Transit and Northeastern Connecticut Transit are tax exempt from the payment of state sales tax; such taxes must not be included in quoted prices. A tax exempt certificate will be provided upon award, if requested, to the successful Vendor. NWCTD and NECTD will not pay interest on unpaid or disputed invoices, whether due or overdue.

Company, State & Federal Forms

The Vendor who has the lowest, responsive, and responsible Quote must fill out all applicable Company, State, & Federal Forms before a Purchase Order will be issued.

SCOPE OF SERVICE/TECHINCAL SPECIFICATIONS

SCOPE OF SERVICES:

TECHNICAL SPECIFICATIONS:

Proposed Project MUST meet the minimum specifications below. If present, brand, manufacturer, or product names are indicated in the specifications only for the purpose of establishing identification and a general description of the item(s) sought. Items of equal quality, not bearing such names, may be submitted, provided however, that they meet or exceed the specifications below:

SPECIFICATIONS

Contractor will be responsible for performing in-plant vehicle inspection and post-delivery audit services which includes, at a minimum, being fully familiar with the technical specifications, vehicle manufacturer’s quality standards, federal regulations, and any other documents pertinent to the production of the vehicles. It is our expectation that the Contractor shall be on-site throughout critical stages of the vehicle production/manufacturing and testing process in compliance with 49 CFR Part 661 and 663 and shall conduct a complete quality assurance/bus-line inspection of each vehicle from the start to finish of its construction to ensure conformity with the specifications below prior to release for delivery.

Special attention is to be given to the condition of the chassis and drive train, body and structure, corrosion protection measures, construction, electrical and technology components and connectors, air conditioning installation, welding operations for sub-assemblies, window and seating installation, and compliance with all our requirements, to specifically include a compliance review of all equipment and dimensional requirements associated with the vehicles, as it pertains to the Americans with Disabilities Act (ADA).

Vehicle Production Line Monitoring & Inspection Services Contractor will be responsible for the following:

1. Ensure the materials and components listed in the Pre-Award Audit are used in the actual construction of Northwestern Connecticut Transit and Northeastern Connecticut Transit vehicles and that the labor hours performed at each facility used in the construction agree with the findings of the Pre-Award Audit.

2. Ensure origin of steel used in the vehicle complies with Buy America requirements.

3. Ensure tasks performed in conjunction with the final vehicle assembly satisfy the most recent guidelines issued by the Federal Transit Administration (FTA)

Production Inspection Focal Points

The Contractor is responsible for thoroughly inspecting the following points to ensure identification and verification of:

Welding of sub-assemblies as meeting quality standards

Critical build-up of sub-assemblies and modular sections prior to joining into larger coach modules

Hydraulic, compressed air, air conditioning, Freon and fluid leaks

Torque on critical bolts and fasteners

Routing of wiring and protection from chafing, abrasion and sharp edges

Integrity of circuit terminals in both application and installation

Uniformity of component installations, alignment, and support structures

Alignment of access doors and hinges, floor covering, ducting, interior and exterior panels, moldings and seat supports

Proper grade bolts, appropriate type and application of blind fasteners

Proper thickness, type, and adhesion of undercoating, sealants, interior and exterior paint and primers

Proper materials, routing, stress relief, and support of rigid and flexible lines for power steering, transmission, pressure and temperature sensors, coolant, brakes, wheelchair lift primary connections and manual override systems

Proper installation and function of heating and air conditioning piping, sensors, compressor support and vibration isolation

Front suspension alignment checks

Proper location, labeling and integrity of junction boxes for electrical components, with respect to junction and component boxes

Integration of drive train components and supporting electrical, hydraulic, air and fluid systems

Installation, alignment and operation of the wheelchair lift/ramp

Rattle-free installation of barriers and panels

Easy access to components mounted behind paneling

Type and arrangement of passenger seating including wheelchair positions and tie downs

All interior doors for appearance, fit and function, panels for door operating mechanisms, and that other doors open with or without special tools as specified

Mounting, clearance, presence and location of specified stanchions and handholds

Technical Assistance The Contractor will work closely with NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit staff (or its designee) and the Manufacturer’s designated staff to provide solutions for production line problems, assist in implementing approved change orders, address open concerns, furnish expertise to evaluate alternative design specifications, and conduct any additional tests deemed appropriate by NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit (or its designee), to ensure Manufacturer is providing the proper levels of manufacturing production process quality assurance. NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit is seeking general knowledge and expertise about transit vehicle construction, as well as engineering services as part of this RFQ.

Should defects be identified during the production phase, the Contractor will immediately notify the Manufacturer and present the Manufacturer with the discrepancy findings for further discussion and corrective action.

Pre-Delivery Testing

The Contractor will conduct a pre-delivery inspection and test of each vehicle, including a configuration audit, a visual and measure inspection, a road test and other functional checks as needed. This inspection is necessary to assure the Manufacturer’s compliance with the NWCTD and NECTD technical specifications and quality standards, and to verify the use of materials and components identified in the Buy-America audit. If a variance is identified, the Contractor will notify the Manufacturer and NET (or its designee) and document resolve of the issue.

Visual and measured inspections of the vehicle will include, but not be limited to, the undercarriage, engine compartment, interior, and exterior. Functional tests will include, but not be limited to, the following:

Water Testing (for a minimum of 10 consecutive minutes)

HVAC Test

Wheelchair ramp function test

Brake test

Interior and exterior inspection components shall include, but not be limited to, the following elements:

Interior Driver Controls: Verification of accessibility and function of all switches, controls, ankle motion, grouping of non-OEM controls, identification of prime controls and door control function.

Instrumentation: Verification of location, function and readability of instruments and indicators with steering wheel in straight ahead position.

Trim (General): Verification of absence of inaccessible maintenance areas, protuberances and sharp or abrasive edges.

Trim Panels: Verification of trim materials, surfaces, carpeting or panels of textured stainless steel or anodized aluminum, or plastic as specified, verification that painted areas are free of dirt, runs, and orange peel.

Exit Signal: verification of presence and function of chimes, switch tapes located near interior lighting fixtures with driver controlled bypass switch.

Mirrors: Verification of presence and adjustability of inside mirrors and that placement does not obscure right outside mirror.

Radio: Verification of space for radio, verification of presence of specified, protected lead as applicable.

Windows: Verification that all windows are distortion free and contain no scratches, verification of proper opening and closing functions and proper weather sealing, verification of proper emergency release function.

Signage: Verification of specified signs, decals and instruction plates, and if specified, verification of presence and function of destination signs on the front and right side of the coach.

Wheelchair Ramp: Verification of accessibility and function of all switches, controls, cycle counters, and safety sensors, verification of level and angles of the ramp, handrails, and barriers, verification of weight requirements of ramp and smooth operation of ramp and compliance with ADA standards and regulations.

Exterior Body: Inspect for fit and sealing, lack of distortion and strain points at fasteners, proper sealing and overall finish.

Rain Gutters: Verification of installation of rain gutters over the passenger windows and doors; inspection for dams or obstructions in gutters.

Doors: Inspection of door installation for fit and sealing, check for proper closure and tightness, check for safety control, proper wiring, and line routing.

Lighting: Verification of type and function of headlights, marker lamps, turn signal lights and curb area lighting.

Mirrors: Verification of specified mirrors and rear field of vision.

Exhaust: Verification of specified exhaust pipe routing and installation of proper discharge and absence of leakage.

Bumper: Verification of manufacturer, specified color, and material.

Batteries: Verification of rating of batteries and correct positioning and securements.

Engine Compartment Inspect engine and transmission including all sub-components installation; checking for improper line or wire routing; inspect for leaks and possible long-term problem situations.

Listen for abnormal noises; check for harmonic vibrations in lines, which may require added line support, if found.

Inspect manufacturer modifications for design and installation integrity and possible warranty conflicts.

Road Test and Release for Delivery

1. The Contractor must witness each road test, physically riding each vehicle to check for abnormal power train noises, interior rattles, observing for proper shift points, acceleration and braking performance, ride quality and appropriate functioning of other systems.

2. Prior to the release of any vehicle, the Contractor’s inspection team will verify that any noted defects have been corrected.

Post-Delivery Audit

1. The Contractor will conduct a Post-Delivery Audit for the vehicles being purchased by Northwestern Connecticut Transit and Northeastern Connecticut Transit, as defined in 49 CFR Part 663, and ensure compliance with Buy America requirements of 49 CFR 661 under the Buy America waiver for rolling stock procurements specified by 49 CFR 661.11. The Contractor shall review all supporting documentation, including but not limited to, Bill of Materials, cost information, and supplier certifications, and certify that Manufacturer meets the requirements of the Post-Delivery Buy America Certification under 49 CFR 663.35, the Post-Delivery Purchaser’s Requirements Certification under 49 CFR 663.37, and the Federal Motor Vehicle Safety Standard (FMVSS) Certification under 49 CFR 663.41. The audit will serve to verify the Manufacturer completed the manufacturing process in the United States.

2. Upon completion of the Post-Delivery Audit, Contractor will furnish Northwestern Connecticut Transit and Northeastern Connecticut Transit (or its designee) with a final report containing a copy of the Manufacturer’s self-certification of compliance to FMVSS standards and a Post-Delivery Buy America checklist for the vehicles. The Post Delivery Report must also contain a copy of a configuration audit.

Project Communication:

1. Inspector status reports will be forwarded via email to all members of the project team and will detail project progress, particular points of interest, work activities, any deficiencies found and corrective actions taken, production status of the buses, and photos.

2. The Contractor’s resident inspector will have access to all means of communication such as email, cellular phone, and facsimile while providing inspection services under the contract to facilitate quick resolution of production issues. Inspector shall also communicate weekly by telephone with NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit staff (or its designee). Verbal communications shall report all of the afore-mentioned items. The inspector shall immediately notify NET staff (or its designee) by telephone and e-mail regarding any significant problems or unusual situations encountered for issues related to Northwestern Connecticut Transit and Northeastern Connecticut Transit vehicles.

Project Deliverables:

The Contractor will furnish Northwestern Connecticut Transit and Northeastern Connecticut Transit (or its designee) with all final project documentation of the inspections, to include, but not be limited to, the following items:

Post-Delivery Buy America Audit includes:

o Post-delivery certifications o FMVSS certification o Configuration audit o Final Assembly Verification o Post-delivery audit checklists

Inspection booklets (4) “Blue Books” include:

o Inspection forms o Signed “Authorization to Ship” o Defect sheets o Component serial numbers o Test result certificates including water test certification, weigh slip, and alignment sheets

PRICING SHEET

Northwestern Connecticut Transit District

281 Church Street

Torrington, CT 06790

Pre-Award Buy America Audit (Per Audit)

In-Plant Inspection Services (Per Bus)

(7) Ford E-350 C&E Vehicles- Northwestern

Post-Delivery Buy America Audit (Per Audit)

By execution below Vendor hereby offers to furnish equipment and services as specified in NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit RFQ for Bus Inspections Services and Buy America Audit Services including all provisions contained therein. Each Quote will be submitted with the understanding that the acceptance in writing by NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit of the offer to furnish the services described herein shall constitute a contract between the Vendor and NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit and that shall bind the Vendor to furnish and deliver at the prices given and in accordance with the conditions of the accepted Quote and specifications.

Company Name:

Authorized Signature:

Print Name:

Title:

Date:

PRICING SHEET

Northeastern Connecticut Transit District 125 Putnam Hike

Dayville, CT 06241 Pre-Award Buy America Audit (Per Audit)

In-Plant Inspection Services (Per Bus)

(6) Ford E-350 C&E Vehicles

Post-Delivery Buy America Audit (Per Audit)

By execution below Vendor hereby offers to furnish equipment and services as specified in NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit RFQ for Bus Inspections Services and Buy America Audit Services including all provisions contained therein. Each Quote will be submitted with the understanding that the acceptance in writing by NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit of the offer to furnish the services described herein shall constitute a contract between the Vendor and NET, Northwestern Connecticut Transit and Northeastern Connecticut Transit and that shall bind the Vendor to furnish and deliver at the prices given and in accordance with the conditions of the accepted Quote and specifications.

REQUIRED INFORMATION

Company Full Legal Name:

Contact Person:

Legal Address:

Legal Telephone Number:

Indicate all other names by which this organization has been know and the lengths of time know by each name. Please attach additional pages as needed.

Company Federal taxpayer identification number

Operating as one of the following forms of legal entity (Check whichever applies and fill in any appropriate blanks):

An individual or sole proprietorship

A general partnership

A limited partnership

A joint venture consisting of:

and

(List all joint venturers on a separate sheet if this space is inadequate.)

A non-profit organization

A corporation organized or incorporated under the laws of the following state or country:

on the following date:

1.

If the organization is a corporation, indicate the following:

Date of incorporation:

State of incorporation:

President’s name:

Vice-President’s name:

Secretary’s name:

2.

Certificate of Incorporation been previously filed with NET (corporation only)

Yes

No

If “NO”, attach a certified copy

3. How many years has this organization been in business under its present business name?

4. How many employees does this organization have?

List below the names, business addresses, telephone numbers and contact person(s) of three Companies, (make your references aware that NET will be calling and that the call should be addressed AS QUICKLY AS POSSIBLE; this may affect your responsibility, Firms or Organizations similar in size to NET for whom you have performed work/services similar to those sought through this Request for Quote.

COMPANY NAME:

AUTHORIZED SIGNATURE:

PRINT NAME:

TITLE:

DATE:

SMALL BUSINESS ENTERPRISE (SBE) Certification

To be eligible for the State of Connecticut's certification a company must meet the legal definition of a small business or that of a minority owned firm: s

SMALL BUSINESS ENTERPRISE (SBE):

BE) is defined as a company who has:

· Been doing business under the same ownership or management and has maintained its principal place of business in Connecticut for at least one year immediately prior to the date of application;

· Gross revenues not exceeding $15,000,000 during its most recent fiscal year; and,

· 51% ownership held by a person(s) who exercises the operational authority over daily affairs of the business and has the power to direct policies and management and receives beneficial interests of the business.

MINORITY BUSINESS ENTERPRISE (MBE):

· A small business (must meet the above-stated SBE criteria) with at least 51% ownership by one or more minority person(s) who exercises operational authority over daily affairs of the business, has the power to direct management and policies, and receives the beneficial interests of the business.

· A minority is a person(s) who is American Indian, Asian, Black, Hispanic, has origins in the Iberian Peninsula, a woman, or an individual with a disability.

· Yes; My Company is certified by the State of Connecticut as a SBE; attach a copy of the SBE Certification.

· No; My Company is not certified by the State of Connecticut as a SBE.

DBE Certification

DISADVANTAGED BUSINESS ENTERPRISE CERTIFICATION

1.

Policy – It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 C.F.R. part 26 shall have the maximum opportunity to participate in the performance or contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE requirements of 49 C.F.R. Part 26 applies to this agreement.

1. DBE Obligation – The supplier or contractor agrees to ensure that disadvantaged business enterprises as defined in 49 C.F.R. part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take necessary and reasonable steps in accordance with 49 C.F.R. Part 26 to ensure that disadvantages business enterprises have the maximum opportunity to compete and perform contracts. Recipients and the their contractors shall not discriminate on the basis of race, creed, color, national origin, age or sex in the award and performance of DOT-assisted contracts.

· Yes; My Company is certified by the State of Connecticut Department of Transportation as a DBE; attach a copy of the DBE Certification.

· No; My Company is not certified by the State of Connecticut Department of Transportation as a DBE.

DBE CERTIFICATION

The contractor hereby acknowledges that NET has established a contract goal of zero-percent (0%) for this project. No further action is required.

Firm Name:

Address:

Authorized by:

Signature:

NET Standard Terms & Conditions

All Contracts issued by NET will bind Sellers to the Terms & Conditions listed below (as applicable)

Acceptance. Commencement of performance by Seller pursuant to this Purchase constitutes acceptance by Seller of these Terms of Purchase. If delivery dates cannot be met, Seller shall inform NET in writing as soon as possible, by return mail, e-mail or facsimile (as circumstances require), of Seller’s best possible alternative delivery dates for NET’s acceptance. Orders not shipped on date specified by NET may be cancelled without obligation on the part of NET. If these conditions are not acceptable, you are to so advise NET upon receipt of Purchase Order and withhold shipments until matter is adjusted.

Deliveries & Times. All materials furnished must be of the exact quality specified or the best of their respective kinds, and will be subject to our inspection, count and approval NET ‘s schedules are based upon the understanding that deliveries of goods and/or services by Seller to NET shall be made by the date specified on the face of the Purchase Order. If deliveries are not made by the time agreed upon, NET reserves the right to cancel any remaining deliveries without liability to NET and to hold the Seller accountable for any costs and/or losses to NET arising there from. Any final inspection shall be on NET ‘s premises or at such other locations as determined by NET at its sole discretion, unless otherwise agreed to in advance in writing by NET. If rejected, materials will be returned to Seller subject to payment of transportation both ways or held for disposition at Sellers risk and expense.

Prices. Seller’s price shall not be higher than last quoted to NET unless otherwise agreed to by NET.

Quantities. Shipments must equal exact amounts ordered unless otherwise agreed upon by NET.

Packing Slip. Itemized packing slips, giving correct Purchase Order number, accompanied by original bill of lading and stating clearly terms of delivery must accompany each shipment.

Invoices and Payments. All invoices and reports must be addressed to Accounts Payable and be sent directly to NET, P.O. Box 4670, Waterbury, CT. 06704. Invoices must be submitted for all materials supplied/work performed in accordance with the Purchase Order. The Purchase Order must be referenced on all Invoices for payment. The Seller shall state the price based on payment terms of net thirty (30) days after confirming delivery or completion of services (as applicable), unless other terms have been agreed to in writing by NET. Statements to NET must be made on a monthly basis or as otherwise agreed upon. NET is exempt from the payment of excise, transportation, and sales taxes imposed by the Federal Government and/or the State. Such taxes must not be included in pricing.

Interest. NET will not pay interest on unpaid or disputed invoices, whether due or overdue.

Assignment. The selected Seller shall not assign, transfer, convey or otherwise dispose of, in whole or part the Purchase Order without the prior written approval of NET, which approval NET may withhold at its sole and absolute discretion. In case any work, materials or equipment which are mentioned, specified or indicated or otherwise provided for in the Purchase Order shall be required to be omitted from the Purchase Order. The Seller shall, upon ten (10) days notice and as mutually agreed upon between Seller & NET, omit the performance of such work and the furnishings of such materials or equipment. The Seller shall deduct from the amount to be paid to the Seller the amount NET and the Seller shall determine and mutually agree to be the reasonable value of such work, materials and equipment, and such determination and agreement shall be final and conclusive upon the Seller. It is understood, however, that the amount of work, materials or equipment required by the Purchase Order shall not, in accordance with the above provisions referring to additions or omissions, be so increased or diminished as to substantially alter the general character or extent of the Purchase Order.

Materials & Warranties. All materials shall comply with requirements of all state and federal laws, and Seller in accepting the Purchase Order agrees to defend and save harmless purchaser from any loss or expense by reason of actual or alleged infringement of any patent. Seller warrants that all goods delivered to NET shall be fit for their particular purpose, and free from defect of material or workmanship, and shall conform strictly to any specifications, drawings or sample specified or furnished. All services supplied by Seller to NET shall be performed in a professional manner and free from error. These warranties shall survive inspection, delivery, acceptance or payment by NET of such goods and/or services.

Suspend Shipments. NET reserves the right to suspend shipments in the event of strikes, differences with workmen, accidents or other contingencies beyond our control.

Compliance with Applicable Law. Seller shall comply with all federal, state and local laws, including without limitation all statutes, rules, regulations, ordinances, proclamations, demands, directives, executive orders, or any other requirements of any municipal, state, federal government and all subdivisions thereof which may hereafter govern the sale, delivery, or performance of the goods and/or services contemplated by the Purchase Order, executive or administrative requirements in furnishing goods and services, including NET ‘s equal employment opportunity and minority business enterprise utilization obligations under its contract with the Federal Transit Administration.

Suspension & Debarment. The Seller certifies, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency.

Indemnification. Seller will indemnify, hold harmless and defend NET & the State of Connecticut, its officers, agents, and employees from all liability for claims, suits, actions, damages, costs, expenses (including reasonable attorneys’ fees) loss or injury to persons or property in any manner arising out of or incident to Seller’s performance hereunder. Seller’s indemnification obligation shall survive Seller’s performance hereunder.

Title & Risk of Loss. Shipments are made prepaid and allowed, and shall include all shipping charges, and any special packing or crating. Seller warrants title to all goods sold and bears the risk of loss or damages to the items purchased under the Purchase Order until delivery conforms with the Purchase Order at the f.o.b. point specified by NET, and upon such conforming delivery, title shall pass. Passing of title shall not constitute acceptance of the items by NET.

Insurance. The Seller agrees that while performing services specified in the Purchase Order he/she shall carry sufficient insurance (liability and/or other) as applicable according to the nature of the service to be performed so as to “save harmless” NET & the State of Connecticut from any insurable cause whatsoever. If requested, certificates of such insurance shall be filed with NET prior to the performance of services.

Advertising. The Seller may not reference sales to NET or the State of Connecticut for advertising and/or promotional purposes without the prior approval of the parties.

Rights. The State has sole and exclusive right and title to all printed material produced for NET and the Seller shall not copyright the printed matter produced under this contract.

Confidentiality and Care of Data. The Seller agrees to protect the confidentiality of any files, data or other material pertaining to this contract and to restrict their use solely for the purpose of performing this contract. The Seller shall take all steps necessary to safeguard data, files, and reports of other information from loss, destruction, or erasure. Any costs or expenses of replacing or damages resulting from the loss of such data shall be borne by the Seller when such loss or damage occurred through its negligence.

Conflicting Terms on Invoice. If terms of the Purchase Order do not appear on or agree with Seller’s invoice as rendered, Seller agrees that NET may make such changes to such invoice to conform the same to the Purchase Order and make payment accordingly.

Conflicts Generally. These Standard Terms & Conditions shall govern in the event of any conflict with any term or condition of Seller’s estimate or any other documentation of Seller and are not subject to change by reason of any written or verbal statements of Seller, or by any terms stated in any documentation of Seller, unless the same be accepted by NET in writing.

Costs of Enforcement. If NET is required to take legal action, including, but not limited to litigation, to enforce these Terms of Purchase, NET shall recover its reasonable attorney fees, collection fees and court costs incurred in any such action.

Termination. NET may terminate this contract whenever it is determined (at NET ‘s sole discretion) that such termination is in the best interests of NET and/or the State of Connecticut. Any such termination shall be effected by delivery to the Seller of a verbal and/or written notice of termination. The notice of termination shall be sent by registered mail to the Seller address furnished to NET for purposes of correspondence or by hand delivery. Upon receipt of such notice, the Seller shall both immediately discontinue all services affected (unless the notice directs otherwise) and deliver to NET all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Seller in performing his/her duties under this contract, whether completed or in progress. All such documents, information, and materials shall become the property of the State of Connecticut. In the event of such termination, the Seller shall be entitled to reasonable compensation as determined by NET however; no compensation for lost profits shall be allowed.

Entire Agreement. The terms and provisions herein contained constitute the entire Agreement between the parties and shall supercede all previous communications, representations or agreements, either oral or written, between the parties hereto with respect to the subject matter hereof; and no agreement or understanding varying or extending the same shall be binding upon either party hereto unless in writing signed by both parties hereto; and nothing contained in the terms or provisions of this Agreement shall be construed as waiving any of the rights of the State under the laws of the State of Connecticut. Nothing contained in this Agreement shall be construed as an Agreement by the State to directly obligate the State to creditors or employees of the Second Party. The only exception to this would be any formal contracts entered into; language contained in the formal contract would be final and binding.

Executive Orders. This Agreement is subject to the provisions of Executive Order No 7C of Governor M. Jodi Rell, promulgated July 13, 2006, concerning contracting reforms and Executive Order No. 14 promulgated April 17, 2006, concerning the utilization of environmentally and health-friendly cleaning and/or sanitizing products when practicable. Executive Order No. Three of Governor Thomas J. Meskill, promulgated June 16, 1971, concerning labor employment practices, Executive Order No. Seventeen of Governor Thomas J. Meskill, promulgated February 15, 1973, concerning the listing of employment openings, and Executive Order No. Sixteen of Governor John G Rowland promulgated August 4, 1999, concerning violence in the workplace, all of which are incorporated into and are made a part of this agreement as if they had been fully set forth in it. For complete text of said documents, please go to: http://www.das.state.ct.us/Purchase/Info/Executive_Orders.pdf Environmental Law Compliance. The Second party shall be responsible to comply with all federal and state environmental laws and regulations pertaining to the operation of transit motor buses and/or facilities managed by the Second Party, including but not limited to, pollutants emissions control, storage and/or disposal of waste, fluids, fuels, oil, and chemicals in general. The Second Party shall be responsible to comply with OSHA regulations. The Second Party will hold the State and NET harmless of any lawsuits and/or fines with respect to any environmental and/or OSHA regulations violations.

Publication of Reports. The ownership of all data and material collected under this Agreement shall be vested in the Second Party and the State/NET. All reports shall be submitted to NET for review prior to publication. The following statement should appear on the cover or title page of any published report prepared under the terms of this Agreement: “Prepared in cooperation with the U.S. Department of Transportation (including its participating agencies), Connecticut Department of Transportation And NET. The opinions, findings and conclusions expressed in this publication are those of the Second Party and do not necessarily reflect the official views or policies of the NET, Connecticut Department of Transportation and/or the U.S. Department of Transportation.”

Jurisdiction and Forum Language. This Agreement shall be governed, interpreted and construed under and in accordance with the laws of the State of Connecticut, whether or not its conflict of laws principles would dictate otherwise. This Agreement shall be deemed to have been made in Hartford, Connecticut. The Second Party irrevocably consents with respect to any claims or remedies at law or in equity, arising out of or in connection with this Agreement to the jurisdiction of the Connecticut Superior Court (except as otherwise required by law or that Agreement), and, with respect to any claim between the Parties, to venue in Judicial District of Hartford-New Britain at Hartford or the United States Federal Court, District of Connecticut, and irrevocably waives any objections that it may have to such jurisdiction on the grounds of lack of personal jurisdiction of such court or the laying of venue of such court or on the basis of forum non conveniens or otherwise. Nothing herein shall be construed to waive any of the States or NET’s immunities.

Litigation. The Second Party agrees that the sole and exclusive means for the presentation of any claim against the State arising from or in connection with this Agreement shall be in accordance with Chapter 53 of the Connecticut General Statutes (Claims against the State) and the Second Party further agrees not to initiate legal proceedings in any State or Federal Court in addition to, or in lieu of, said Chapter 53 proceedings.

Freedom of Information Act. The State is entitled to receive a copy of records and files related to the performance of the Second Party under this Agreement, and such records and files shall be subject to the Freedom of Information Act and may be disclosed by the Sate pursuant to the Freedom of Information Act. No request to inspect or copy such records or files shall be valid unless the request is made to the State in accordance with the Freedom of Information Act. Any complaint by a person who is denied the right to inspect or copy such records or files shall be brought to the Freedom of Information Commission in accordance with the provisions of Sections 1-205 and 1-206 of the Connecticut General Statutes.

Policy on Disadvantaged Business Enterprise Program. The Connecticut Department of Transportation (ConnDOT) is committed to the effective implementation of the Disadvantaged Business Enterprise (DBE) Program as defined in Title 49, Code of Federal Regulations (CFR) Part 26. This program will be executed in accordance with the regulations of the United States Department of Transportation (DOT) as a condition of receiving DOT funding.