272-2026-21-JEJ Transit Buses - Attachment F - SPECIAL CONDITIONS.pdf

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Attached to
Transit Buses (Formal)
Solicitation number
274-2026-21-JEJ
Issued by
Wake County, Biscoe Town, North Carolina

About this file

This is a Special Conditions attachment to a transit bus procurement contract for the City of Raleigh, North Carolina. The City seeks to procure low-floor diesel-powered, CNG, and electric transit buses in three sizes (35 feet, 40 feet, and 60 feet) over a five-year contract period with estimated quantities of 20 buses in Year 1, 5 in Year 2, 14 in Year 3, 2 in Year 4, and 12 in Year 5, for a total of 53 buses. The contract will be financed in part by Federal Transit Administration grants, requiring compliance with federal provisions and Buy America requirements. Successful bidders must provide complete technical data on the Vehicle Technical Information Form and submit an Altoona test report with their bids. Bus delivery must occur within approximately 365 consecutive calendar days after purchase order receipt, at a maximum rate of 4 buses per day during business hours (8:00 a.m. to 4:00 p.m., Monday through Friday), unless otherwise approved by the City.

Prices submitted on the Price Schedule must remain fixed for the first year from the bid award date, with subsequent price adjustments calculated using the U.S. Department of Labor Producer Price Index for Category 1413. The successful bidder must furnish a 100 percent performance bond within 30 days of award, and the City will make payment within 30 days of delivery and acceptance of each bus, minus any liquidated damages assessed for delivery delays. Buses failing post-delivery acceptance tests are subject to repair by the contractor at its expense or rejection with return at the contractor's cost. The contract includes comprehensive warranty coverage with a basic bus warranty of 1 year/50,000 miles and extended warranties on major components ranging from 1 to 5 years. Contractors must guarantee parts availability for at least 15 years after bus acceptance and provide maintenance and operator training as priced separately. Resident inspectors representing the City will monitor manufacturing at the contractor's facility to ensure compliance with detailed technical specifications covering structural crashworthiness, suspension, propulsion systems, electrical and HVAC systems, and safety features including fire suppression, wheelchair accessibility, and electronic systems.

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ATTACHMENT F: SPECIAL CONDITIONS

1.1. VEHICLE TECHNICAL INFORMATION FORM

Bidders must provide technical data information for the buses quoted in their bid. The “Vehicle Technical Information Form” provided herein as Attachment C must be completed and submitted with the bid for review by the City. A separate Vehicle Technical Information form is required for each bus type quoted in the submitted bid. The Vehicle Technical Information Form does not preclude the Bidder from including additional or supplemental technical information, descriptive literature, or equipment brochures in their own format, which further describes their bus.

1.2. FEDERAL CONTRACT REQUIREMENTS

The bid award and subsequent purchases will be financed, in part, by grants provided under programs of the Federal Transit Administration. Vendors awarded federally funded bid contracts by City of Raleigh must comply with the “Federal and State Provisions and Requirements” provided herein as Attachment D. These terms and conditions are hereby incorporated into any resulting contract.

1.3. PERIOD OF PERFORMANCE AND QUANTITIES

1.3.1. The term of this contract will be for a period of five (5) years from the date of award.

1.3.2. There is no guarantee of the minimum or maximum number of buses to be purchased under this contract. The quantities listed below are estimates only and may vary based on factors including but not limited to Federal, State, and local funding.

Time Period Bus Estimated Qty Year 1 20 Year 2 5 Year 3 14 Year 4 2 Year 5 12

1.4. PRICES

Prices for base Buses with standard features and additional options/upgrades are listed herein as Attachment A entitled "Price Schedule." As new technology unfolds, options/upgrades will be updated on Attachment A.

1.5. PRICE ADJUSTMENTS

The Prices submitted on the Price Schedule – Attachment A shall remain fixed for any orders issued within the first 1-year from the bid award date. The price adjustments must be presented in writing to the Contracting Officer for final approval. The respective Contracting Officer will notify the Contractor in writing of the approval. Prices after the first year period shall be price provided on the Price Schedule plus any escalation or de-escalation which will be calculated based on the formula which utilizes the U.S. Department of Labor/Bureau of Labor Statistics Producer Price Index (“PPI”) Category 1413, “Trucks and Bus Bodies”. The escalation in this index will be used to adjust the Base Bus Prices and Optional Equipment. It is understood and agreed that orders will be shipped at the established Contract prices in effect on the date orders are placed. Invoicing at variance with this provision will subject the contract to cancellation.

1.6. INCLUDE ALL STANDARD & COMMON FEATURES

Each vehicle identified on the Price Schedule – Attachment A shall be considered to have all standard and common features. Each vehicle identified on the Price Schedule – Attachment A shall have back-up product literature, cut/sheets or another form of product brochure that indicates or describes exactly what all the common or standard features are for each Base Item Product. These brochures shall be identified as to Product Code. Some features will be related to safety and others to driver and for passenger convenience, which are generally provided in a transit vehicle without customer stipulation. Those features include but are not limited to; adjustable instrument lights, interior sun visors, exterior backup lamps, two-speed windshield wipers, windshield washers, windshield defroster, coolant recovery system, etc.

Standard and other common features if not specifically stated shall not be interpreted as items that can be omitted to reduce price or to provide any other bidding advantage.

1.7. PERFORMANCE BOND

The successful bidder shall furnish a 100% performance bond executed by a corporation surety licensed under the laws of North Carolina to execute such bonds, conditioned that the surety will, upon demand, forthwith make the payments to the oblige upon said bond if the bidder fails to perform the duties on the contract in accordance with the contract documents. The performance bond must be furnished within thirty (30) days after award, which guarantees performance of all terms and conditions of the contract and of the Basic One (1) Year Limited Warranty agreement.

The performance bond shall specifically cover the performance of the contract according to its terms and conditions, as well as payment of all related bills and encumbrances. This performance bond shall be issued by a surety company who is listed by the U.S. Treasury Department's list of approved sureties, as published in Circular 570, as of the bid date. The performance bond shall be issued in an amount equal to 100% of the bid amount and shall be dated concurrent to, or subsequent to, the date of the purchase order. Notwithstanding any document or assertion to the contrary, any surety bond related to the sale of a vehicle shall apply only to the Basic One (1) Year Limited Warranty for such vehicle. Any surety bond related to the sale of a vehicle shall not apply to any other warranties that are included within this bid (OEM or otherwise) or to the warranties (if any) of any third party of any part, component, attachment or accessory that is incorporated into or attached to the vehicle. In the event of any contradiction or inconsistency between this provision and any other document or assertion, this provision shall prevail.

1.8. ADDITION/DELETION OF PRODUCTS /SERVICES

The City recognizes that Products and Product line additions and/or Services to the Supplier's standard commercial offerings during the term of the bid contract are likely to occur. The City considers these additions as enhancements to the previous bid items and product line. Additions of this nature will be considered as follows:

1.8.1. Any and all new Products will be categorized with similar Products or Product lines into existing market categories previously defined and agreed to by the City and with respect to discount structure, net price or grand total of the Product. The City shall be notified of new item(s) and/or Product line(s). Amendment or modification to the bid contract will not be required for addition of new Product(s) to the Supplier's offerings that are consistent with pre-established categories and discount structure.

1.8.2. In the event the Supplier adds a new specialty Product line which represents Product(s) that are consistent with the type and class of Products covered under this bid contract, but differ sufficiently from Products or brands represented in the existing Product categories, so that a separate pricing structure is appropriate, the City and the Supplier may enter into negotiations to modify the contract to establish a discount structure, net price, or grand total for the Product(s). Pricing must be competitive in order to add Products to this Contract. The Contractor shall provide appropriate documentation to support its position for separate pricing. Negotiations must be completed prior to order placement.

Amendment or modification to the bid contract will be required in order to add negotiated items that are sufficiently different from pre-established categories and discount structure.

1.8.3. Contractor shall develop new business opportunities and market its services by meeting current and potential clients, discussing their needs and opportunities for improvement.

1.9. BUS DELIVERY PROCEDURE

Delivery of buses shall be determined by signed receipt of the City of Raleigh’s designated agent(s) at a designated point of delivery and may be preceded by a cursory inspection of the bus. Such agents and delivery points will be identified on individual purchase orders to be issued under this contract.

1.10. DELIVERY DATE AND DELIVERY SCHEDULE

The successful Contractor will complete delivery within approximately 365 consecutive calendar days after receipt of purchase order, unless otherwise approved by the City of Raleigh.

1.10.1. A delivery date shall be established for each order of buses completed under this contract based on the maximum delivery period quoted by the successful offeror and the date of receipt by the manufacturer of actual purchase orders. The buses shall be delivered at a rate not to exceed 4 buses per day. Hours of delivery shall be 8:00 am through 4:00 pm, Monday through Friday, unless modified in writing by the City of Raleigh. The City of Raleigh expects that the delivery schedule offered herein to be firm and requires full compliance with the City of Raleigh delivery schedule.

1.11. PRE-DELIVERY TESTS AND INSPECTIONS

The pre-delivery tests and inspections shall be performed at or near the Contractor's plant; they shall be performed in accordance with the procedures defined in the “inspection” sections found on pages 11, 12 and 13. They may be witnessed by a resident inspector who shall authorize release of the bus upon successful completion of these tests and inspections.

1.12. ASSUMPTION OF RISK OF LOSS

The City of Raleigh shall assume risk of loss of the bus after delivery, as defined in "Bus Delivery Procedure", if delivered by common carrier or driveway. Prior to this delivery or release, the Contractor shall have risk of loss of the bus, including any damages sustained during the common carrier or driveaway operation regardless of the status of title or any payments related to the bus.

Drivers shall keep a maintenance log enroute and it shall be delivered to the City of Raleigh with the bus.

1.13. ACCEPTANCE OF BUS

Within 30 (thirty) calendar days after arrival at the designated point of delivery, the bus shall undergo the City of Raleigh’s tests. If the bus passes these tests or if the City of Raleigh does not notify Contractor of nonacceptance within 30 (thirty) calendar days after delivery, acceptance of the bus by the City of Raleigh occurs on the thirtieth day after delivery. Acceptance may occur earlier if the City of Raleigh notifies the Contractor of early acceptance or places the bus in revenue service. If the bus fails these tests, it shall not be accepted until the repair procedures defined in "Repairs After Nonacceptance" have been carried out and the bus retested until it passes.

1.14. REPAIRS AFTER NONACCEPTANCE

The Contractor, or its designated representative shall perform the repairs after nonacceptance. If the Contractor fails or refuses to make the repairs within 5 (five) days, then the work may be done by the City of Raleigh’s personnel with reimbursement by the Contractor. The Contractor or its designated representative shall perform the repairs after non-acceptance. At its sole discretion, the City of Raleigh may decide to make such repairs with reimbursement by the Contractor or the City of Raleigh may refuse the bus, deny payment and return the bus to the Contractor at Contractor’s expense. If the City of Raleigh is able to successfully complete the repairs to the mutually acceptable specifications, the bus will be accepted.

1.15. REPAIRS BY CONTRACTOR

After nonacceptance of the bus, the Contractor must begin work within 5 (five) working days after receiving notification from the City of Raleigh of failure of acceptance tests. The City of Raleigh shall make the bus available to complete repairs timely with the Contractors repair schedule.

1.15.1. The Contractor shall provide, at its own expense, all spare parts, tools, and space required to complete the repairs. At the City of Raleigh’s option, the Contractor may be required to remove the bus from the City of Raleigh’s property while repairs are being completed.

If the bus is removed from the City of Raleigh’s property, repair procedures must be diligently pursued by the Contractor's representatives, and the Contractor shall assume risk of loss while the bus is under its control.

1.16. REPAIRS BY CITY OF RALEIGH

1.16.1. Parts Used: If the City of Raleigh performs the repairs after nonacceptance of the bus, it shall correct or repair the defect and any related defects using Contractor-specified parts available from its own stock or those supplied by the Contractor specifically for this repair.

Monthly, or at a period to be mutually agreed upon, reports of all repairs covered by this procedure shall be submitted by the City of Raleigh to the Contractor for reimbursement or replacement of parts. The Contractor shall provide forms for these reports.

1.16.2. Contractor Supplied Parts: If the Contractor supplies parts for repairs being performed by the City of Raleigh after nonacceptance of the bus, these parts shall be shipped prepaid to the City of Raleigh from any source selected by the Contractor within 10 (ten) working days after receipt of the request for said parts.

1.16.3. Return of Defective Components: The Contractor may request that parts covered by this provision be returned to the manufacturing plant. The Contractor shall pay the total costs for this action.

1.16.4. Reimbursement for Labor: The City of Raleigh shall be reimbursed by the Contractor for labor. The amount shall be determined by multiplying the number of man-hours actually required to correct the defect by a per hour, 5M mechanic, straight wage rate, including fringe benefits, of $140 per hour, plus the cost of towing in the bus if such action was necessary.

1.16.5. Reimbursement for Parts: The City of Raleigh shall be reimbursed by the Contractor for defective parts that must be replaced to correct the defect. The reimbursement shall include taxes where applicable and fifteen (15) percent handling costs.

1.17. DELAYS

If the delivery of the vehicles or equipment under this contract should be unavoidably delayed, the City of Raleigh shall extend the time for completion and delivery of such vehicles by a specific number of days for the excusable delay. A delay is unavoidable only if the delay relates to a natural disaster, war, or strikes and was substantial and in fact the cause for the Contractor to miss the established delivery dates.

1.17.1. The Contractor shall notify the City of Raleigh as soon as the Contractor has knowledge that an event has occurred that will cause a delay in deliveries. The Contractor must follow-up such notice within five (5) days with a written confirmation and explanation as to the cause of the delay.

1.17.2. The Contractor shall supply, as soon as such data are available, any reasonable proofs that are required by the City of Raleigh to make a decision on any request for extension of delivery dates. The City of Raleigh shall examine the request and related proof and determine if the Contractor is entitled to an extension and the duration of such extension.

The City of Raleigh shall notify the Contractor of his decision in writing.

1.17.3. It is expressly understood and agreed that the Contractor shall not be entitled to damages or compensation and shall not be reimbursed for losses on account of delays resulting from any cause under this provision.

1.18. LIQUIDATED DAMAGES

Liquidated damages per unit will be assessed and deducted from the Contractor’s invoice for failure to complete delivery within the delivery time bid.

1.19. TITLE

Adequate documents for registering the bus in the State of North Carolina shall be provided to the City of Raleigh upon delivery of each bus. Contractor warrants that the title shall pass to the City of Raleigh free and clear of all encumbrances.

1.20. PAYMENT

The City of Raleigh shall pay and the Contractor shall accept the amounts set forth in the price schedule as full compensation for all costs and expenses of completing the Work in accordance with the Contract, including but not limited to all labor and material required, overhead, expenses, storage and shipping, risks and obligations, taxes (as applicable), fees and profit, and any unforeseen and approved costs.

1.20.1. All payments shall be made as provided herein, less any additional moneys withheld as provided below and less any amounts for liquidated damages in accordance with "Liquidated Damages."

1.20.2. The City of Raleigh shall make payments for buses at the unit prices itemized in the Price Schedule within 30 (thirty) calendar days after the delivery and acceptance of each bus and receipt of a proper invoice. In the event that the bus does not meet all requirements for acceptance the City of Raleigh may, at its exclusive option, "conditionally accept" the bus and place it into revenue service pending receipt of Contractor furnished materials and/or labor necessary to effectuate corrective action for acceptance. For any conditionally accepted bus the payment shall be reduced by an amount to be withheld, and paid upon corrective action by the contractor, equal to the estimated cost for parts and labor for the corrective action.

1.20.3. The City of Raleigh shall make a final payment for all withholding within 30 (thirty) calendar days of receipt of a final proper invoice and the following:

1. Delivery and acceptance of all Contract deliverables, and other documentation required by the Contract.

2. Rectification of any deficiencies found during the acceptance of buses.

3. Contractor provision of any certifications as required by law and/or regulations.

4. Completion of post-delivery audits required under the Contract.

1.21. ENGINEER / SERVICE REPRESENTATIVES

The Contractor shall, at its own expense, have a competent engineering service representative(s) available on request to assist the City of Raleigh’s staff in the solution of engineering or design problems within the scope of the specifications that may arise during the warranty period. This does not relieve the Contractor of responsibilities under “Warranty” provisions found on pages 15 and 16.

1.22. DOCUMENTS

The Contractor shall provide the City of Raleigh a one copy of all current maintenance manuals (in written form and electronically (if available)) with the first bus of each order. The parts manuals (in written form and electronically (if available)) shall be provided within 60 days of the first bus delivery of each order in the quantities of one per bus with a minimum of three copies for each separate purchase order.

1.22.1. Standard operator's manual(s) shall be provided in the quantities one per bus with a minimum of three copies for each separate purchase order for buses under this Contract.

The Contractor shall keep maintenance manuals available for a period of three years after the date of acceptance of the buses procured under this Contract. The Contractor shall also exert its best efforts to keep maintenance manuals, operator manuals, and keep parts books up-to-date for a period of 15 (fifteen) years. The supplied maintenance and operator's manuals shall incorporate all equipment ordered on the buses covered by this procurement.

1.22.2. In addition, if not included in the parts manual, the Contractor shall also provide a complete list of all major components and sub-components provided by subcontractors used on the buses including the original suppliers' and/or manufacturers' part name, part numbers, company names, addresses, telephone numbers and contact persons' names.

1.23. PARTS AVAILABILITY GUARANTY

The Contractor hereby guarantees to provide, within reasonable periods of time, the spare parts, software and all equipment necessary to maintain and repair the buses supplied under this Contract for a period of at least fifteen (15) years after the date of acceptance. Parts shall be interchangeable with the original equipment and be manufactured in accordance with the quality assurance provisions of this Contract.

1.23.1. Where the parts ordered by the City of Raleigh are not received within two working days of the agreed upon time/date and a bus procured under this Contract is out-of-service due to the lack of said ordered parts, then the Contractor shall provide the City of Raleigh within eight hours of the City of Raleigh’s verbal or written request, the original suppliers' and/or manufacturers' parts numbers, company names, addresses, telephone numbers and contact persons' names for all of the specific parts not received by the City of Raleigh.

1.23.2. Where the Contractor fails to honor this parts guaranty or parts ordered by the City of

Raleigh are not received within 30 (thirty) days of the agreed upon delivery date, then the Contractor shall provide to City of Raleigh within 7 (seven) days of the City of Raleigh’s verbal or written request, the design and manufacturing documentation for those parts manufactured by the Contractor and the original suppliers' and/or manufacturers' parts numbers, company names, addresses, telephone numbers and contact persons' names for all of the specific parts not received by the City of Raleigh. Contractor's design and manufacturing documentation provided to the City of Raleigh shall be for its sole use in regard to the buses procured under this Contract and for no other purpose.

1.24. PRODUCTION OF DOCUMENTS

Upon award of the Contract to an Offeror, such Offeror shall commence performance under the Contract by executing all Contract Guaranty Agreements provided with the Offer, by furnishing copies of the certificates of insurance required to be procured by the Contractor pursuant to the Contract documents within 30 calendar days after the date of receipt of the notice of award or within such further time as the City of Raleigh may allow. Failure to fulfill these requirements within the specified time is cause for the termination of the Contract under “Breach of Contract” on page 36.

1.25. MATERIALS/ACCESSORIES RESPONSIBILITY

The Contractor shall be responsible for all materials and workmanship in the construction of the bus and all accessories used, whether the same are manufactured by the Contractor or purchased from supplier. This provision excludes fare boxes, radios, and any equipment leased or supplied by the City of Raleigh, except insofar as such equipment is damaged by the failure of a part or component for which the Contractor is responsible, or except insofar as the damage to such equipment is caused by the Contractor during the manufacture of the buses. Risk of damage to or loss of the buses is the subject of “Assumption of Risk of Loss” on page 3.

1.26. INSPECTION STATIONS

Inspection stations shall be at the best locations to provide for the Work content and characteristics to be inspected. Stations shall provide the facilities and equipment to inspect structural, electrical, hydraulic and other components and assemblies for compliance with the design requirements.

1.26.1. Stations shall also be at the best locations to inspect or test characteristics before they are concealed by subsequent fabrication or assembly operations. These locations shall minimally include underbody structure completion, body framing completion, body prior to paint preparation, water test, engine installation completion, underbody dress-up and completion, bus prior to final paint touchup, bus prior to road test and bus final road test completion.

1.27. RESIDENT INSPECTORS

The City of Raleigh shall be represented at the Contractor’s plant by resident inspectors, as required by FTA. Resident inspectors may be City of Raleigh employees or outside contractors. The City of Raleigh shall provide the identify of each inspector and shall also identify their level of authority in writing. They shall monitor, in the Contractor’s plant, the manufacture of transit buses built under the procurement. The presence of these resident inspectors in the plant shall not relieve the Contractor of its responsibility to meet all of the requirements of this procurement. The City of Raleigh shall designate a primary resident inspector, whose duties and responsibilities are delineated in “Pre-Production Meetings,” “Authority” and “Pre-Delivery Tests,” below. Contractor and resident inspector relations shall be governed by the guidelines included in “Quality Control /

Quality Assurance” on page 16.

1.28. PRE-PRODUCTION MEETINGS

The primary resident inspector may participate in design review and pre-production meetings with the City of Raleigh. At these meetings, the configuration of the buses and the manufacturing processes shall be finalized, and all Contract documentation provided to the inspector.

1.28.1. No less than thirty (30) days prior to the beginning of bus manufacture, the primary resident inspector may meet with the Contractor’s quality assurance manager and may conduct a pre-production audit meeting. They shall review the inspection procedures and finalize inspection checklists. The resident inspectors may begin monitoring bus construction activities two weeks prior to the start of bus fabrication.

1.29. AUTHORITY

Records and data maintained by the quality assurance organization shall be available for review by the resident inspectors. Inspection and test records for this procurement shall be available for a minimum of one year after inspections and tests are completed.

1.29.1. The Contractor’s gauges and other measuring and testing devices shall be made available for use by the resident inspectors to verify that the buses conform to all specification requirements. If necessary, the Contractor’s personnel shall be made available to operate the devices and to verify their condition and accuracy.

1.29.2. Discrepancies noted by the resident inspector during assembly shall be entered by the Contractor’s inspection personnel on a record that accompanies the major component, subassembly, assembly or bus from start of assembly through final inspection. Actions shall be taken to correct discrepancies or deficiencies in the manufacturing processes, procedures or other conditions that cause articles to be in nonconformity with the requirements of the Contract specifications. The inspection personnel shall verify the corrective actions and mark the discrepancy record. If discrepancies cannot be corrected by replacing the nonconforming materials, the City of Raleigh shall approve the modification, repair or method of correction to the extent that the Contract specifications are affected.

1.29.3. The primary resident inspector shall remain in the Contractor’s plant for the duration of bus assembly Work under this Contract. Only the primary resident inspector or designee shall be authorized to release the buses for delivery. The resident inspectors shall be authorized to approve the pre-delivery acceptance tests. Upon request to the quality assurance supervisors, the resident inspectors shall have access to the Contractor’s quality assurance files related to this procurement. These files shall include drawings, assembly procedures, material standards, parts lists, inspection processing and reports, and records of Defects.

1.30. SUPPORT PROVISIONS

The Contractor shall provide office space for the resident inspectors in close proximity to the final assembly area. This office space shall be equipped with desks, outside and interplant telephones, Internet access, file cabinet and chairs.

1.31. COMPLIANCE WITH SAFETY REQUIREMENTS

At the time of the Pre-Production meeting, the Contractor shall provide all safety and other operational restrictions that govern the Contractor’s facilities. These issues will be discussed, and the parties will agree which rules/restrictions will govern the City of Raleigh’s inspector(s) and any other City of Raleigh representatives during the course of the Contract.

1.32. ACCEPTANCE TESTS

Fully documented tests shall be conducted on each production bus following manufacture to determine its acceptance to the City of Raleigh. These acceptance tests shall include pre-delivery inspections and testing by the Contractor and inspections and testing by the City of Raleigh after the buses have been delivered.

1.33. PRE-DELIVERY TESTS

The Contractor shall conduct acceptance tests at its plant on each bus following completion of manufacture and before delivery to the City of Raleigh. These pre-delivery tests shall include visual and measured inspections, as well as testing the total bus operation. The tests shall be conducted and documented in accordance with written test plans approved by the City of Raleigh.

1.33.1. Additional tests may be conducted at the Contractor’s discretion to ensure that the completed buses have attained the required quality and have met all Technical Specifications. The City of Raleigh may, prior to commencement of production, demand that the Contractor demonstrate compliance with any requirement in that section if there is evidence that prior tests have been invalidated by the Contractor’s change of Supplier or change in manufacturing process. Such demonstration shall be by actual test, or by supplying a report of a previously performed test on similar or like components and configuration. Any additional testing shall be recorded on appropriate test forms provided by the Contractor and shall be conducted before acceptance of the bus.

1.33.2. The pre-delivery tests shall be scheduled and conducted with thirty (30) days’ notice so that they may be witnessed by the resident inspectors, who may accept or reject the results of the tests. The results of pre-delivery tests, and any other tests, shall be filed with the assembly inspection records for each bus. The underfloor equipment shall be available for inspection by the resident inspectors, using a pit or bus hoist provided by the Contractor.

A hoist, scaffold or elevated platform shall be provided by the Contractor to easily and safely inspect bus roofs. Delivery of each bus shall require written authorization of the primary resident inspector. Authorization forms for the release of each bus for delivery shall be provided by the Contractor. An executed copy of the authorization shall accompany the delivery of each bus.

1.34. VISUAL AND MEASURED INSPECTIONS

Visual and measured inspections shall be conducted with the bus in a static condition. The purpose of the inspection testing includes verification of overall dimension and weight requirements, that required components are included and are ready for operation, and that components and subsystems designed to operate with the bus in a static condition do function as designed.

1.35. TOTAL BUS OPERATION

Total bus operation shall be evaluated during road tests. The purpose of the road tests is to observe and verify the operation of the bus as a system and to verify the functional operation of the subsystems that can be operated while the bus is in motion.

1.35.1. Each bus shall be driven for a minimum of fifteen (15) miles during the road tests. If requested, computerized diagnostic printouts showing the performance of each bus shall be produced and provided to the City of Raleigh. Observed Defects shall be recorded on the test forms. The bus shall be retested when Defects are corrected and adjustments are made. This process shall continue until Defects or required adjustments are no longer detected.

1.36. PROTOTYPE/PILOT VEHICLE ACCEPTANCE

In order to assess the contractor’s compliance with the Technical Specifications (a Pilot Vehicle is required), the agency and the contractor shall, at the pre-production meeting, jointly develop a Configuration and Performance Review document for review of the pilot vehicle. This document shall become part of the official record of the pre-production meeting.

1.36.1. Potential dimensional/performance tests that may be included in the Configuration and

Performance Review include the following:

1. Complete electrical system audit

2. Dimensional requirements audit

3. Seating capacity

4. Water test

5. Water runoff test

6. Function test of systems/subsystems and components

7. Sound/noise level tests

8. Vehicle top speed

9. Acceleration tests

10. Brake stop tests

11. Airflow tests

12. PA function tests

13. Air/brake system audit

14. Individual axle weight

15. Standee capacity

16. Body deflection tests

17. Silent alarm function test

18. Interior lighting

19. Exterior lighting

20. Gradeability test

21. Kneeling system function

22. HVAC pulldown/heat

23. Speedometer

24. Outside air infiltration (smoke)

25. Wheelchair ramps

26. Engine performance qualification:

This test shall be jointly conducted by the contractor and engine manufacturer (including but not limited to charge air cooler performance, air to boil test, loss of coolant, fuel system electrical inputs and engine protection system).

27. Transmission performance qualifications:

This test shall be jointly conducted by the Contractor and transmission manufacturer (including but not limited to retarder operation, heat exchanger, interface with ABS and electrical inputs).

1.37. BUY AMERICA AUDIT

A post-delivery Buy America audit is required for federally funded bus procurements (see 49 CFR Part 663 for additional information). The onsite resident inspectors are to monitor the production processes to verify compliance with final assembly requirements identified by the Buy America pre-award audit. This audit is to verify compliance with final assembly requirements and final documentation of Buy America compliance and must be completed prior to title transfer.

1.37.1. NOTE: If there is not a pilot/prototype bus, then the Buy America post-delivery audit should be performed following completion of the first serial production bus. In addition to monitoring of the production processes, the agency must verify compliance that more than 60 percent of the costs of all components are produced in the United States. Finally, the agency must execute the required certificates.

1.38. VEHICLE INSPECTIONS

Each bus is subjected to a series of inspections after the bus reaches the point of final completion on the assembly line. Typically, the vehicle manufacturer performs its own quality assurance inspections following assembly line completion before releasing each bus to the resident inspectors.

The inspections for each vehicle are documented, signed off upon passing and included in the vehicle record.

1.38.1. These are the typical inspections performed on each bus by the resident inspectors:

1. Water test inspection

2. Road test inspection

3. Interior inspection (including functionality)

4. Hoist/undercarriage inspection

5. Exterior inspection (including roof)

6. Electrical inspection

7. Wheelchair ramp/lift inspection

1.39. WATER TEST INSPECTION

The water test inspection checks the integrity of the vehicle’s body seams, window frame seals and other exterior component close-outs for their ability to keep rainwater, road splash, melting snow and slush, and other exterior water from entering the inside of the vehicle. The vehicle’s interior is inspected for signs of moisture and water leaks. To perform the leak inspection, interior ceiling and side panels are removed, and access doors are opened. If any moisture or water is detected, then the source of the leak will be located and repaired by the manufacturer, and the vehicle will be tested again.

1.40. ROAD TEST INSPECTION

The road test inspection checks all the vehicle’s systems and sub-systems while the vehicle is in operation. Typically, the road test inspection is performed immediately following the water test inspection to reveal any standing water that may be present due to a leak but was not noticed during the “static” water test.

Objectionable vibrations, air leakage and other factors that affect ride quality are recorded and reported to the vehicle manufacturer for resolution. Vehicle stability, performance, braking and interlock systems, HVAC, and other critical areas are checked to ensure that the vehicle is complete and ready to provide safe and reliable service.

1.40.1. The following tests may be performed and recorded during the road test:

1. Acceleration test

2. Top speed test

3. Gradeability test

4. Service brake test

5. Parking brake test

6. Turning effort test

7. Turning radius test

8. Shift quality

9. Quality of retarder or regenerative braking action

1.40.2. During the road test, a vehicle may be taken to a weigh station to record the vehicle’s frontaxle weight, rear axle weight and total vehicle (curb) weight.

1.41. INTERIOR INSPECTION

The interior inspection checks the fit and finish of the interior installations. In addition, the inspection also verifies the installation and function of systems and subsystems according to the Build Specification. All systems and functions accessed from the interior are inspected for functionality, appearance and safety.

Examples of systems/functions inspected include the following:

1. Interior and exterior lighting controls

2. Front and rear door systems

3. Flooring installation

4. Passenger and operator’s seat systems

5. Wheelchair securement and ramp systems

6. Fire suppression system

7. Electrical installations (multiplex, tell-tale wiring, panels, etc.)

8. Window systems and emergency escape portals

9. Operator dash/side panel controls/indicators

1.42. HOIST/UNDERCARRIAGE INSPECTION

The hoist/undercarriage inspection checks the installation of components, wiring, air lines, presence of fluid leaks, etc., located under the vehicle. Typically, this inspection is performed following the road test. The vehicle is lifted onto a hoist or pulled over a pit for the inspection.

Areas inspected are the front suspension, air bags, airline routings, electrical connections and routings, drive-train components, linkages, and any other system or component that may be prone to early failure due to inadequate installation techniques. All lines, cables, hoses, etc., are inspected for proper securement and protection to prevent rubbing, chafing or any other condition that could result in a failure. The engine/powerplant and HVAC compartments are also inspected during this time.

1.43. EXTERIOR INSPECTION

The exterior inspection checks the fit and finish of components installed on the exterior of the vehicle. Access panels are opened, and accessories are inspected for proper installation. In addition, vehicle paint, graphics and proper decals are also inspected. Acceptable paint finish quality (orange peel, adhesion, etc.) should be agreed on with the vehicle manufacturer prior to production to ensure consistency of inspections.

1.44. ELECTRICAL INSPECTION

The vehicle’s main electrical panels and other sub-panels are inspected for proper components, to include relays, fuses, modules, terminal strips, decals, etc. In addition, electrical harnesses are inspected for proper wiring and termination techniques, bulkhead protection, looming and other items that could result in future electrical failure. Onboard vehicle compartment schematics are verified for accuracy.

1.45. WHEELCHAIR RAMP INSPECTION

The wheelchair ramp assembly is inspected for proper installation and performance. Clearances critical to the operation of the ramp are verified, and the ramp’s electrical systems are inspected to ensure appropriate wire routings and protection. The successful integration of the ramp assembly into the vehicle is verified, and the vehicle interlocks are checked during automatic and manual ramp operation.

1.46. AUDITS

During serial production of the bus’s quality assurance inspection, tests may be performed to ensure that the manufacturer’s quality standards are being followed. These inspection audits could be on items such as torque wrench calibrations, proper techniques for fastener installations, proper use and type of adhesives, use of correct installation drawings on the production line, etc.

1.47. COMMUNICATIONS

The lines of communications, formal and informal, should be discussed and outlined in the pre-production meeting. As previously discussed, resident inspectors should represent the agency for all bus-build related issues (quality, conformance, etc.). Resident inspectors can relay communications addressing contractual type issues but should do so only under the consult of the agency’s contracts administrator. Actual personnel contacts for the manufacturing facility should be established during resident inspector orientation. These contacts could include quality assurance, production, material handling, engineering, and buy-off area personnel.

1.48. DOCUMENTATION / REPORTS

The following documents/reports are typically generated during the bus build process:

1. Vehicle Build Specification

2. Sales Order

3. Pre-production meeting notes

4. Prototype and production correspondence (vehicle build file)

5. Manufacturer’s Vehicle Record (Warranty file)

6. Vehicle line documents

7. Serialization documents (Warranty file) Alignment verification

8. Brake testing

9. HVAC testing and checkout Manufacturer’s QA checklist and signoff

10. Weight Slip (Prototype & Warranty file)

11. Prototype Performance Tests document (vehicle build file)

12. Acceleration Test Top Speed Test gradeability Test

13. Interior Noise Test A – Stationary Interior Noise Test B – Dynamic Exterior Noise Test

A – Pull Away

14. Exterior Noise Test B – Pass-By Exterior Noise Test C – Curb Idle Turning Radius Test

15. Turning Effort Test Parking Brake Test Service Brake Test

16. Vehicle Acceptance Inspections – Production (Warranty file)

17. Water Test Inspection Report Road Test Inspection Report Interior Inspection Report

18. Hoist/Undercarriage Inspection Report Exterior Inspection Report

19. Electrical Inspection Report Wheelchair Inspection Report

20. Speed Memos (Warranty file)

21. Agency Vehicle Inspection record (Warranty file) Release for Delivery documentation

(Warranty file)

22. Post-Production Acceptance – Certificate of Acceptance (Accounting) Post-Delivery

Inspection Report – (Fleet Management & Warranty files)

1.49. VEHICLE RELEASE FOR DELIVERY

Upon satisfactory completion of all inspection, audit and test criteria, and resolution of any outstanding issues affecting the purchase of any or all buses, proper documentation (the Release for Delivery) is signed by the designated resident inspector authorizing the bus manufacturer to deliver the vehicle to the agency’s facility, where it will undergo a post-delivery inspection process and final acceptance. The satisfactory sign-off of the Release for Delivery should complete the resident inspector’s duties for each bus. In final preparation for delivery, the bus manufacturer may request the resident inspector to do a final walk-through of the bus after it has been cleaned and prepped for shipping.

1.50. POST-DELIVERY AND FINAL ACCEPTANCE

The agency shall conduct acceptance tests on each delivered bus. These tests shall be completed within 15 days after bus delivery and shall be conducted in accordance with the agency’s written test plans. The purpose of these tests is to identify defects that have become apparent between the time of bus release and delivery to the agency.

1.50.1. The post-delivery tests shall include visual inspection, along with a verification of system(s) functionality and overall bus operations. No post-delivery test shall apply new criteria that are different from criteria applied in a pre-delivery test.

1.50.2. Buses that fail to pass the post-delivery tests are subject to non-acceptance. The agency shall record details of all defects on the appropriate test forms and shall notify the contractor of acceptance or non-acceptance of each bus within five days after completion of the tests. The defects detected during these tests shall be repaired according to procedures defined in the contract after non-acceptance.

1.51. CERTIFICATE OF ACCEPTANCE

1.51.1. Accepted

1.51.2. Not accepted: In the event that the bus does not meet all requirements for acceptance. The

Cityof Raleigh must identify reasons for non-acceptance and work with the OEM to develop a timeline of addressing the problem for a satisfactory resolution and redelivery.

1.51.3. Conditional acceptance: In the event that the bus does not meet all requirements for acceptance, the City of Raleigh may conditionally accept the bus and place it into revenue service pending receipt of contractor furnished materials and/or labor necessary to address the identified issue(s).

1.52. ALTOONA TEST

A copy of the Altoona test report is required with bid submission.

1.53. WARRANTIES AND WARRANTY PROCEDURES

Warranties in this document are in addition to any statutory remedies or warranties imposed on the Supplier. Consistent with this requirement, the Supplier warrants and guarantees to the City of Raleigh each complete Bus, including sub-systems and components as follows:

COMPONENT WARRANTY TERM

BASIC BUS 1 YR / 50,000

BODY STRUCTUAL 3 YR / 150,000

STRUCTUAL INTEGRITY / CORROSION 5 YR / 150,000

ENGINE 5 YR / 300,000

TRANSMISSION 3 YR / 300,000

AXLES 2 YR / 100,000

BRAKES (EXCLUDES FRICTION MATERIAL) 1 YR / 100,000

HVAC 3 YR / UNLIMITED

A/C COMPRESSOR 3 YR / UNLIMITED

WHEELCHAIR RAMP (PARTS ONLY) 1 YR / UNLIMITED

ALTERNATOR 1 YR / 50,000

AIR COMPRESSOR 3 YR / UNLIMITED

DOOR SYSTEM 2 YR / 100,000

STARTER 1 YR / 50,000

DR ITS SYSTEM 3 YR / UNLIMITED

1.53.1. The warranty on repairs to items or subsystems during the warranty period shall be extended for the time and/or miles of the remaining warranty or the manufacturer’s basic warranty, whichever is greater, beginning on the repair/replacement date that the correction was performed. The bus manufacturer shall forward and honor any warranty offered by the component manufacturer(s), which is longer than required above.

1.54. 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 adversely affect its performance or reliability, except insofar as such repairs were made in accordance with the Supplier’s maintenance manuals and the workmanship was in accordance with recognized standards of the industry.

1.55. EXCEPTIONS TO WARRANTY

The warranty shall not apply to scheduled maintenance items such as filters. Consumable items are only fuel, oil and lubricants. Items with progressive wear characteristics such as belts, wiper blades, etc. are not excluded from warranty and should not be of poor quality that requires frequent change.

The warranty shall not apply to tires, nor to any items furnished by the City of Raleigh such as radios, fare boxes, and other auxiliary equipment, except insofar as such equipment may be damaged by the failure of a part, component, or design for which the Supplier is responsible.

1.56. DETECTION OF DEFECTS

The City of Raleigh shall, at any time within the warranty period, repair any defect detected to insure the bus being kept in service and the Supplier’s representative will be notified by written claim or verbal communication. A claim will be submitted for signature by the City of Raleigh within thirty (30) calendar days of the failure. Within five working days after receipt of notification, the manufacturer’s representative shall agree either that the Defect is in fact covered by warranty, or reserve judgement until the subsystem or component is inspected by the manufacturer’s representative or is removed and examined at that particular agency’s property or at the manufacturer’s plant. At the time, the status of warranty coverage on the subsystem or component shall be mutually resolved between that agency and the manufacturer. Work shall commence to correct the Defect within 10 (ten) working days after receipt of notification and shall be conducted in accordance with “Repairs by manufacturer”.

1.57. SCOPE OF WARRANTY REPAIRS

When major warranty repairs are required that are beyond the scope of the Agencies capability or manpower, the City of Raleigh and the Supplier’s representative shall agree within ten (10) calendar days after notification on the most appropriate course of action for the repairs and the exact scope of the repairs to be performed.

1.58. FLEET DEFECTS

A fleet defect is defined as a 25 % failure of identical items or sub-systems of a single order.

1.59. NOTIFICATION OF FLEET DEFECTS

Upon determination that a fleet defect exists, the Supplier will be notified by the City of Raleigh This notice shall be communicated by letter to the Supplier.

1.60. SCOPE OF FLEET DEFECT PROVISIONS

The Supplier shall promptly, upon notification, correct all fleet defects as defined above and undertake a work program designed to prevent the occurrence and reoccurrence of the same defect in all buses purchased under this contract.

1.60.1. Detailed instructions for any work program must be submitted to the City of Raleigh, in writing, before any work commences.

1.61. WARRANTY CLAIM FORMS

The Supplier must supply the City of Raleigh with all documents necessary for the filing of warranty claims. The documents will be delivered in conjunction with the delivery of the first Bus.

1.62. QUALITY CONTROL / QUALITY ASSURANCE QUALITY ASSURANCE

REQUIREMENTS

The Contractor, the Contractor’s manufacturing plant and organization shall have an in-house quality control/quality assurance program that meets the City of Raleigh’s minimum standards.

1.63. INSPECTOR

The City of Raleigh may be represented at the Contractor's plant by Inspector(s). They shall monitor, in the Contractor's plant, the manufacturer of transit buses built under this procurement.

The Inspectors shall be authorized to approve the delivery acceptance tests, and to release the buses for delivery. Upon request to the quality assurance supervisor, the Inspector shall have access to the Contractor's quality assurance files related to this procurement. These files shall include drawings, material standards, parts lists, inspection processing and reports, and records of defects.

1.63.1. The contractor shall provide office space for the Inspector in close proximity to the final assembly area. This office space shall be equipped with desks, outside and inter-plant telephones, internet access, file cabinet, chairs, copy machine, printer, and clothing lockers sufficient to accommodate the Inspector's staff. The office space shall be properly heated, air-conditioned. The presence of these Inspectors in the plant shall not relieve the Contractor of its responsibility to meet all of the requirements of this procurement.

1.64. LEGAL REQUIREMENTS

The contractor shall comply with all applicable Federal, state and local regulations in effect at the date of manufacture.

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