Transit Buses

expired opportunity(Expired)
From: Raleigh(City)
274-2020-09R-TL

Basic Details

started - 01 Apr, 2020 (about 4 years ago)

Start Date

01 Apr, 2020 (about 4 years ago)
due - 05 May, 2020 (about 4 years ago)

Due Date

05 May, 2020 (about 4 years ago)
Bid Notification

Type

Bid Notification
274-2020-09R-TL

Identifier

274-2020-09R-TL
City of Raleigh

Customer / Agency

City of Raleigh
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1 Bid No: 274-2020-09R-TL Transit Buses Invitation to Bid (ITB) #274-2020-09R-TL Transit Buses Notice is hereby given that the City of Raleigh North Carolina is seeking sealed bids and, subject to the terms and conditions herein, will be received by the City of Raleigh at the Office of the City Procurement Manager. The sealed bids will be publicly opened for opened for furnishing the apparatus, supplies, materials and/or equipment as described herein. The responsibility for submitting a response to this ITB, to the City of Raleigh Procurement Division on or before the stipulated time and date, will be solely and strictly the responsibility of the bidder. Any proposals received after stipulated time and date will not be accepted, nor opened, and will be returned. The time stamp located in the Procurement Division shall be the official time of receipt. BIDS WILL BE ACCEPTED UNITL THE PUBLIC BID OPENING ON: TUESDAY, APRIL 21, 2020 AT 1:00 PM EST Bids should be addressed to: City of
Raleigh – Procurement Division Attn: Tia Lawrence – Procurement Analyst Hand-Deliver to: 222 W. Hargett Street, 5th Floor, Ste. 502, Raleigh, NC 27601 or Mail to: PO Box 590, Raleigh, NC 27602-0590 PUBLIC BID OPENING WILL BE HELD IN THE ROTUNDA OUTSIDE THE RALEIGH MUNICIPAL BUILDING, 222 W. Hargett Street, Raleigh, North Carolina, at 1:00 PM EST ON TUESDAY, APRIL 21, 2020. 2 Bid No: 274-2020-09R-TL Transit Buses BID RESPONSE FORM Bid No.: 274-2020-09R-TL Bid Title: Transit Buses Pursuant to General Statutes of North Carolina, Section 143-129 and in compliance with this Invitation for Bids, and subject to all the conditions thereof, the undersigned Supplier offers and agrees, if this bid be accepted, to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, the undersigned Supplier certifies that this bid is submitted competitively and without collusion. Furthermore, by executing this bid, the undersigned certifies to the best of Supplier’s knowledge and belief, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. Failure to execute/sign bid prior to submittal shall render the bid invalid, and it WILL BE DEEMED NON- RESPONSIVE and WILL BE REJECTED. Late bids cannot be accepted. SUPPLIER NAME: STREET ADDRESS: CITY & STATE: STATE: ZIP CODE: PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF SUPPLIER: SUPPLIER’S AUTHORIZED SIGNATURE: DATE: CONTACT NAME (if different from above): EMAIL ADDRESS TELEPHONE NUMBER: OFFER VALID FOR AT LEAST 90 DAYS FROM DATE OF BID OPENING ACCEPTANCE OF BID If any or all parts of this bid are accepted by the City of Raleigh, this document and all provisions of this Invitation for Bid along with the Supplier’s bid response shall then constitute the written agreement between the parties. A copy of this acceptance will be forwarded to the successful Supplier(s). FOR CITY USE ONLY: Offer accepted and awarded by City Manager or Procurement Manager. Contract term begins on ____________ and expires on ____________. Lanaee Gilmore, Procurement Officer Bid No: 274-2020-09R-TL Transit Buses CITY OF RALEIGH BIDDERS SIGNATURE PAGE DATE: NOTICE TO BIDDERS: Do not include taxes in your bid proposal pricing. Any and all tax imposed upon any article on which you are bidding are only to be shown as separate line items on invoices, and in no case are taxes to be included with your bid price. Failure to comply with these conditions will be considered grounds for rejection. In compliance with the above request for bids and subject to all the conditions thereof, the undersigned offers and agrees, if this bid be accepted within days from the date of the opening, to furnish any or all of the items upon which prices are quoted at the price set opposite each item within_ days after receipt of order, unless otherwise specified. COMPANY: ADDRESS: CITY: STATE: ZIP CODE: AUTHORIZED SIGNATURE: TITLE: NAME PRINTED OR TYPED: CONTACT NAME (if different than above): TELEPHONE NO.: EMAIL: BIDDER’S CHECKLIST Be aware of the bid opening date and time as indicated on the first page of this proposal. You must submit a sealed bid in hard copy format. Ensure your bid is properly addressed and clearly marked with the appropriate bid number. All signatures must be by a company officer or agent who is authorized to enter into, and sign bid documents. Have you read and understood the “Terms and Conditions” and the “Instructions to Bidders” for submitting a bid to the City? Have you read and do you completely understand all the specifications of this bid proposal? Have you submitted the requested number of copies of your proposal and included all the requested literature and specifications? Have you signed the enclosed Non-Discrimination Assurances statement? If an addendum to the specifications was issued, has it been signed and returned with this bid proposal? Have you enclosed statements explaining any exceptions made to the specifications? Bid No: 274-2020-09R-TL Transit Buses CITY OF RALEIGH NON-DISCRIMINATION ASSURANCES To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. SIGNATURE: (President/Authorized Officer) TITLE: DATE: Bid No: 274-2020-09R-TL Transit Buses 5 CITY OF RALEIGH INSTRUCTIONS TO BIDDERS 1. PURPOSE: The purpose of this document is to provide general and specific information for the use by suppliers in submitting a bid to supply the City of Raleigh with apparatus, supplies, material and equipment, and /or services listed above. All bids and contracts are governed by City policy, and /or by Section 143-129 of the North Carolina General Statutes. 2. BID SCHEDULE: Listed below are the dates and times by which stated actions must be taken or completed. The City may determine, in its sole discretion, that it is necessary to change any of these dates and times. All listed times are Eastern standard times. Action Time Date Re-Bid issued NA 04/01/2020 Pre-Bid Conference NA NA Deadline to submit questions 1:00 PM EST 04/08/2020 Bids Due 1:00 PM EST 04/21/2020 Anticipated Award NA TBA 3. BIDDER QUESTIONS: The City is not liable for interpretations/misinterpretations or other errors or omissions made by the Bidder in responding to this bid. The Bidder shall examine this bid to determine if the City’s requirements and terms and conditions are clearly stated. If, after examination of the various requirements and terms and conditions of this bid, the Bidder believes there are any requirements or terms and conditions which remain unclear or which restrict competition, the Bidder may request, in writing, that the City clarify the requirement(s) and terms(s) and condition(s) specified by the Bidder. The Bidder must provide the Section(s), Subsection(s), Paragraph(s), and page number(s) that identify the requirements or conditions questioned by the Bidder. Requests for clarification and technical questions to this bid must be received by the City not later than the date shown above in Section 2, entitled “Bid Schedule”, for the submittal of written inquires. The Bidders’ failure to request clarification and submit questions by the date in the bid schedule above shall be considered to constitute the Bidders’ acceptance of all City’s requirements and terms and conditions. The City shall issue addenda reflecting questions and answers to this bid, if any, and shall be posted to the IPS website at North Carolina Interactive Purchasing System. 4. BID CONTACT: Any and all questions, concerns, or request for additional information shall be directed to the City of Raleigh, Procurement Division to the attention of the Bid Agent as indicated below: Bid Agent: Tia Lawrence Procurement Analyst Email: Tiawana.Lawrence@Raleighnc.gov 5. HOW TO PREPARE BIDS: Bidders are encouraged to review carefully all provisions and attachments of this document prior to completion. Each bid constitutes an offer and may not be withdrawn except as provided herein. Also, prices are to remain firm for the period stated herein. http://bit.ly/2jxP5w4 http://bit.ly/2jxP5w4 mailto:Tiawana.Lawrence@Raleighnc.gov mailto:Tiawana.Lawrence@Raleighnc.gov Bid No: 274-2020-09R-TL Transit Buses 6 a) PRICE FORM: Submit all prices and offers on the PRICE FORM(s) provided herein. All bids must be submitted and signed by the supplier or his authorized representative with all erasures or corrections initialed and dated by the bidder’s authorized representative. b) SIGNATURE: All bids must be signed by an authorized official of the company on the Bid Response Form and the Bidders Signature Page. A bid may be rejected if it shows omissions, alterations of form, additions not called for, conditional bid, or any irregularities. c) TAXES: Do not include taxes in your bid prices. Taxes must be itemized and added to invoices separately when invoicing the City. The City is required to pay sales tax. The City is exempt from Federal Excise Tax and has a Federal Tax number. d) NON-DISCRIMINATION: The NON-DISCRIMINATION ASSURANCES form included in the bid package is a condition of the bid and must be completed and signed by the bidder. e) MWBE POLICY: The City of Raleigh prohibits discrimination in any manner on the basis of race, color, creed, national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The City of Raleigh encourages participation by certified minority and women-owned businesses. If there are any questions, Contact the MWBE Program Manager, PO BOX 590 Raleigh, NC 27602, mwbe@raleighnc.gov, or 919-996-4330. f) SUSTAINABILITY: In accordance with the City of Raleigh 2007-2009 City Council Mission Statement, the City recognizes its responsibility to minimize negative impacts on human health and the environment while supporting a diverse, equitable, and vibrant community and economy. The City recognizes that the types of products and services the City buys have inherent social, human health, environmental and economic impacts, and asks that all vendors and bidders providing and proposing products and services to the City, be mindful of the City’s Sustainability Policy and provide and propose products and services that embody the City’s commitment to sustainability whenever possible. g) IRAN DIVESTMENT: Bidder certifies that it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147- 86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. § 147-86.59, CONTRACTOR shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. h) COMPANIES THAT BOYCOTT ISRAEL: The bidder certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. 6. HOW TO SUBMIT BIDS: a) SUBMIT SEALED BIDS ON THE BID FORMS PROVIDED HEREIN. b) Provide (2) complete sets of your bid on the BID FORMS PROVIDED HEREIN in hard copy paper format (on 8-1/2” x 11” size paper, only bound with a single staple in the upper left corner or with a single removable clip—no 3-ring binders) and must be SEALED in an envelope. NO EMAIL OR FAX BIDS WILL BE ACCEPTED. All Formal Bids (estimated to be greater than $90,000) must be submitted in a sealed opaque envelope, plainly marked with the bid number, and date and time to be opened as shown below. c) All bids must be mailed or delivered as follows in sufficient time to ensure receipt by the Procurement Manager or Bid Agent on or before the time and the date specified on the ITB. Bids not received by the time and date specified on the ITB will not be opened or considered, unless the delay is a result of the negligence of the City of Raleigh, its agents, or assigns. Mailing Address: Delivery Address: City of Raleigh City of Raleigh Bid# Date: Time: Bid# Date: Time: Procurement Division Procurement Division PO Box 590 222 W. Hargett St., Room 502 Raleigh, NC 27602-0590 Raleigh, NC 27601 mailto:mwbe@raleighnc.gov mailto:mwbe@raleighnc.gov Bid No: 274-2020-09R-TL Transit Buses 7 7. BID OPENING: a) All bids will be opened and read at the time and place shown on the ITB. No official award will be made at the Bid Opening. All bidders are welcome to attend the bid opening. LATE BIDS WILL NOT BE OPENED OR ACCEPTED. b) Bidders may not review or request copies of bids at the Bid Opening. A time must be scheduled to meet with the Procurement Manager and/or Bid Agent for this purpose. c) Bids will be examined by the Procurement Manager and/or Bid Agent and the using department officials promptly after the opening and an award made at the earliest possible date. No bids may be withdrawn after bid opening. 8. AWARD OF BID: a) Standard of Bid Award Acceptance: The City reserves the right to reject any or all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the City of Raleigh. The award shall be made to the lowest, responsive, responsible bidder, or bidders, taking into consideration quality, performance and the time specified in the bid for the performance of the contract. The award of the bid shall be made to a single supplier or to multiple suppliers, by item or by total bid, whichever is in the best interest of the City b) Bid Prices: All items and products proposed in response to this ITB are to be new, in un-used condition unless otherwise noted in the Minimum Specifications. All prices proposed in response to this Bid are to include all transport, freight and fuel surcharges, and be delivered FOB destination, freight prepaid and allowed to the location provided on the City Purchase Order. All items are to be packaged, and shipped or delivered safely in a protective carton, fully assembled and serviced, ready for use and operation. Bidders must submit product literature and manufacturer’s specifications with their bid proposal. All supplies, equipment, and apparatus must meet all Federal, State, and Local safety regulations, requirements, and guidelines, such as OSHA, EPA, US DOT, NC-DOT, NFPA, UL, etc., if so regulated. c) Order of Precedence: In cases of conflict between sections and provisions within the Bid document, the Order of Precedence will be 1) the Special Conditions section specific to the Bid; 2) the Minimum Specifications section specific to the Bid, 3) the General Conditions, 4) the City of Raleigh Terms and Conditions; and 5) the Instructions to Bidders section of the Bid document. d) Payment Terms: Payment terms of Net 30 days from the date of receipt of invoice, or upon acceptance of goods whichever is later, will apply to all invoices. Payment term discounts will be allowed for prompt payments but will not be a consideration for award. All invoices are to be emailed to accountspayable@raleighnc.gov , or delivered to City of Raleigh, Accounts Payable Division, PO Box 590, Raleigh, NC 27602-0590. e) Bid Award Approval: The City Manager has delegated authority from the City Council to award bids for supplies, equipment, and apparatus greater than $90,000. Bids will be approved and awarded by the City Manager upon the recommendation by the Procurement Manager. 9. OBJECTION TO THE SPECIFICATIONS: It is not the intent of the bid specifications to exclude or limit competition or favor any particular supplier or product. If there is an objection to any of the specifications or requirements listed herein, the bidder must notify the City of Raleigh Procurement Manager, in writing, stating and listing the specifications and objections, no later than five (5) working days prior to the bid opening date. If a pre-bid meeting has been scheduled, any objections must be presented in writing at that time. The objections stated must pertain both to form and substance of the bid document. Failure to object in accordance with the above procedure shall constitute a waiver on the part of the bidder to protest the solicitation. All concerns, questions, clarifications, or other correspondence must be directed only to the City of Raleigh Procurement Manager. Information obtained from other sources will not be considered in the evaluation and award of this bid. 10. SUBMITTING A PROTEST TO THE BID AWARD: A Bidder wishing to express a concern or complaint, and file a protest to a Bid Award, must submit in writing the reasons, information, and documentation for the protest, to the Procurement Manager within 48 hours from the date of the Notice of Intent to Award. In the event of a protest, the Procurement Manager will notify the Chief Financial Officer and the City Manager of the protest, and provide the information for both the recommended award and the protest. The City Manager will make a final decision for the bid award. The protesting bidder may appeal the decision to the City Council. mailto:accountspayable@raleighnc.gov mailto:accountspayable@raleighnc.gov Bid No: 274-2020-09R-TL Transit Buses 8 11. FAILURE TO BID: If the bid is not submitted, bidder should return the attached “NO BID RESPONSE” sheet, stating the reasons therefore, and indicate whether the business should be retained or removed from the City’s Bidder’s list. 12. ERRORS IN BIDS: Bidders or their authorized representatives are expected to understand the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidders owns risk. In case of an error in the extension of prices on the bid, the unit price shall govern. 13. ALTERNATE BIDS: DO NOT submit alternate bids unless called for on the bid proposal form. Alternate bids are those that are not identical by manufacturer and model to what is specified or has substantially different specifications. When alternate bids are requested, the bidder must submit documentation as a part of the bid to show that the product is comparable to the item(s) referred to in the specifications. Bidders may submit multiple bids on various manufacturers’ brands/models meeting specifications if no specific manufacturer/model has been specified. 14. BID OPTIONS: The City reserves the right to request pricing on optional equipment or additional items along with the pricing for the main or primary product or items. At the discretion of the City, some or all of the options requested may or may not be added and purchased based upon necessity and the availability of budgeted funds. 15. QUANTITIES: The City of Raleigh reserves the right to adjust quantities as needed, and to add additional items and/or products as needed, as determined to be in the best interest of the City. The quantities stated herein, for term or multi-year contracts are estimated, and may change to be more or less over the term of the contract. 16. PRICE ADJUSTMENTS: For Bids with fixed price contract periods. Prices for additional extension term periods may be subject to a price increase or decrease as long as the price adjustment mirrors and reflects a previous industry wide adjustment for the product or item(s) specified in the Bid. Any price increase or decrease will be adjusted to the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Dept. of Labor, or other appropriate agreed upon price index. The amount of the increase or decrease will be determined by the difference between the latest price index available ninety (90) days prior to the end of the current contract year in effect, and the price index for the same month one year prior. Any requested price increase must be fully documented and submitted to the Bid Agent or the Procurement Manager at least sixty (60) days prior to the Bid contract anniversary date. Any approved price adjustment (increase or decrease) will then become effective upon the anniversary date of the contract at the start of the next term period. The City reserves the right to accept or to refuse any documented price adjustment submitted by the vendor/contractor for any reason as determined to be in the best interest of the City. In the event the City does not accept the proposed price adjustment for the extended term, the Bid contract will not be renewed, and the City will rebid the product or item(s). Any Bid contract extension is subject to the continuation of need and usage by the City and the appropriation of funds. 17. TRADE SECRETS: This Bid document and all Bidders’ responses and proposals received are considered public information, except for trade secrets specifically identified in writing by the Bidder, which will be handled according to State Statute or other laws. Any section of the bidder’s response package that is deemed to be a trade secret by the bidder shall be submitted in an envelope clearly marked “TRADE SECRET INFORMATION- DO NOT DISCLOSE.” The City shall make a good faith effort to protect such confidential information. 18. BID TABULATIONS: Bidders wishing to obtain a bid tabulation prior to the award of the bid may view and download tabulations from the North Carolina Interactive Purchasing System (IPS) website at IPS. Tabulations should be posted within 48 hour (two work days) after the public bid opening. From the City’s homepage, select the following in order to view bid tabulations: Business and Development, Bids and RFP’s / RFQ’s, select the link to the North Carolina Interactive Purchasing System, Search Bid Number, enter the desired bid number, and select Search. Bid tabulations only reflect the bids as read at the time of the bid opening and should not be considered an award. It is the City’s policy to furnish bid tabulations to all bidders. http://bit.ly/2jxP5w4 http://bit.ly/2jxP5w4 Bid No: 274-2020-09R-TL Transit Buses 9 19. ELECTRONIC PURCHASE ORDERS AND INVOICES: The City expanded its electronic ordering and payment capabilities with additional eProcurement software that provides an “eMarket” with shopping-cart functionality for use by the City departments. The City’s “RPOD Market” makes ordering and requesting purchase orders easier, and improves the efficiency of the City’s accounting and payment system through the utilization of electronic methods for the delivery of purchase orders and the receiving of invoices. Jaggaer is the City’s eProcurement solution provider. Suppliers awarded City contracts are requested to contact the Procurement Division to discuss the use of Jaggaer’s web-based application for the electronic delivery and receipt of purchase orders and invoices. There are no fees or costs to suppliers for the use of this application. If selected, Jaggaer will provide the technical requirements to integrate the data necessary to electronically deliver and receive purchase orders and invoice(s) to the City. 20. TERMS AND CONDITIONS: Acceptance of the City’s Purchase Order includes acceptance of all applicable Terms and Conditions. The City’s Purchase Order Terms & Conditions are provided on the following page for your information. ITB No: 274-2020-09R-TL Transit Buses 10 Rev. 02/07/19 CITY OF RALEIGH PURCHASE ORDER TERMS & CONDITIONS 1. Vendor quotes or proposals are referenced for scope only. City of Raleigh Purchase Order Terms & Conditions exclusively governs this purchase. 2. All invoices are to be sent by email to: accountspayable@raleighnc.gov . Or, mail or deliver all invoices to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh NC 27602-0590. 3. Important: All invoices must include a unique invoice number and this Purchase Order number. Invoices submitted without the unique invoice number or without the correct purchase order number will result in delayed payment. 4. Invoices for partial deliveries must be indicated as such. 5. The Vendor must provide separate invoices for each Purchase Order number. 6. The City of Raleigh is not exempt from North Carolina State Sales Tax, Wake County Sales Tax, and Wake County Prepared Meals and Hotel Room Taxes. These taxes must be correctly invoiced to the City for payment. Taxes shown on the purchase order are approximate. 7. The City of Raleigh is exempt from Federal Excise Tax. If any form of such tax is billed on the invoice, it must be shown as a separate item. Tax Exemption Certificates will be furnished upon request. 8. Payment term discounts will be deducted as provided for on the front of this Purchase Order or in accordance with the terms of your official quotation or bid. Net purchases will be paid 30 days from the date of your invoice, or upon acceptance of goods whichever is later. 9. Important: All packages must bear the correct Purchase Order number on the outside of each package or shipping container. 10. The City of Raleigh will not be responsible for any goods delivered without a Purchase Order having been issued. 11. The conditions of this order cannot be modified except by written amendment in the form of a “Corrected Purchase Order” which has been approved by the City of Raleigh’s Purchasing Manager. 12. Any rejected materials will be returned to the Vendor at the Vendor’s risk and expense. 13. In the event of a Vendor’s failure to deliver or perform as specified, the City reserves the right to cancel the order or any part thereof, without prejudice to its other rights. The Vendor agrees that the City may return part or all of any shipment and may charge the vendor with all reasonable losses or expenses sustained as a result of such failure to deliver or perform. 14. In case of default of the contractor, the City may procure the articles or services from other sources and charge the Vendor damages for any excess costs or other damages caused by the default. 15. It is agreed that the goods, materials, equipment or services provided shall comply with all Federal, State or local laws, and that the Vendor shall defend actions or claims brought, and save harmless the City, and/or its officials or employees, from loss, cost or damage by reason of actual or alleged failure to comply with such laws. 16. All prices must be F.O.B. Destination and delivered to the destination indicated on the front of the purchase order. Where specific purchase is quoted or negotiated F.O.B. Shipping Point, the vendor is to prepay the shipping charges and add them to the invoice. 17. The risk of loss and damage to the goods which are the subject of this order shall be the Vendor’s until the goods are delivered to the destination set out in the order and accepted by the purchaser or its representative. 18. The Vendor acknowledges that it is the policy of the City of Raleigh to avoid commercial promotion of products used by the City or the vendors of such products. The Vendor accordingly agrees not to solicit, use, or disseminate commercial advertisement founded upon the City’s purchase and/or use of the goods which are the subject of this order, and specifically agrees not to seek or use for advertising purposes the endorsement of goods or products by City officers or employees. 19. The City may, at any time, insist upon strict compliance with these terms and conditions, notwithstanding any previous customer, practice or course of dealing to the contrary. Acceptance of the order includes acceptance of all terms, conditions, prices, delivery instructions and specifications as shown on this order or attached to and made a part of this order. 20. All matters relating to this Purchase Order shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division. 21. Notwithstanding any other provisions of this Purchase Order, this Purchase Order and all materials submitted to the City by the Vendor are subject to the public records laws of the State of North Carolina and it is the responsibility of the Vendor to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City. Vendor understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Purchase Order. To the extent that any other provisions of this Purchase Order conflict with this paragraph, the provisions of this section shall control. 22. Non-discrimination - To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to mailto:accountspayable@raleighnc.gov mailto:accountspayable@raleighnc.gov ITB No: 274-2020-09R-TL Transit Buses 11 conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. 23. Insurance – If performing services under this Purchase Order the Vendor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Purchase Order the following coverages and limits. The requirements contained herein, as well as City’s review or acceptance of insurance maintained by Vendor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Vendor under this Purchase Order: a. Workers’ Compensation Insurance - Vendor agrees to maintain Worker’s Compensation Insurance in accordance with North Carolina General Statute Chapter 97 and with limits of no less than $1,000,000 each accident, each employee and policy limit. b. Commercial General Liability - Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. c. Commercial Automobile Liability - Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event Vendor does not own automobiles, Vendor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Purchase Order and/or are brought on a COR site. d. Additional Insured - Vendor agrees to endorse the City as an Additional Insured on the Commercial General Liability. The Additional Insured shall read ‘City of Raleigh as its interest may appear’. e. Umbrella or Excess Liability - Vendor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest ‘Each Occurrence’ limit for required policies. Vendor agrees to endorse City of Raleigh as an ‘Additional Insured’ on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a ‘Follow-Form’ basis. f. Professional Liability - Limits of no less than $1,000,000 each claim. This coverage is only necessary for professional services such as engineering, architecture or when otherwise required by the City. The City reserves the right to require a Certificate of Insurance meeting the minimum coverage and requirements of this section. Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Vendor’s insurer. If Vendor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Vendor agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder address should read: City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590 All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleigh’s Risk Manager. 24. Indemnity – To the fullest extent permitted by law, except to the extent caused by the sole negligence or willful misconduct of the City, the Vendor shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including all claims, costs (including defense) and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Purchase Order, and from any and all claims, costs (including defense) and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Vendor in the performance of this Purchase Order. This representation and warranty shall survive the termination or expiration of this Purchase Order. The Vendor shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including claims, costs (including defense) and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Purchase Order. 25. Intellectual Property - All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks and trade secrets invented, developed, created or discovered in performance of services under this Purchase Order shall be the property of the City. Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Vendor’s performance of services under this Purchase Order shall vest in the City. Works of authorship and contributions to works of authorship created by the Vendor’s performance of services under this Purchase Order are hereby agreed to be ‘works made for hire’ within the meaning of 17 U.S.C. 201. 26. Force Majeure - Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Except at otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Purchase Order, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Purchase Order must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Purchase Order by this provision. 27. Cancellation - The City may terminate this Purchase Order at any time by providing written notice to the Vendor. Vendor shall cease performance immediately upon receipt of such notice. In the event of early termination, Vendor shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the City. Notwithstanding the foregoing, in no event will the total amount due to Vendor under this section exceed the total amount due Vendor under this Purchase Order. 28. Miscellaneous - The Vendor shall be responsible for the proper custody and care of any property furnished or purchased by the City for use in connection with the performance of this Purchase Order, and will reimburse the City for the replacement value of its loss or damage. The Vendor shall be considered to be an Independent Contractor and as such shall be wholly responsible for the work to be ITB No: 274-2020-09R-TL Transit Buses 12 performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Vendor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Purchase Order. Such employees shall not be employees of or have any individual contractual relationship with the City. 29. E-Verify - I understand that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25 et seq. I am aware of and in compliance with the requirements of E-Verify and Article 2 of Chapter 64 of the North Carolina General Statutes. To the best of my knowledge, any subcontractors employed by me as a part of this contract are in compliance with the requirements of E-Verify and Article 2 of Chapter 64 of the North Carolina General Statutes. 30. Iran Divestment Act Certification – Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. § 147- 86.59, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. 31. Companies Boycotting Israel Divestment Act Certification - Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. Bid No: 274-2020-09R-TL Transit Buses 17 GENERAL CONDITIONS 1. GENERAL: The City of Raleigh seeks to purchase the most modern heavy-duty transit buses available that will provide maximum passenger appeal in appearance, comfort, and safety, combined with excellence in reliability, operating characteristics and economy of operation. All buses shall be in compliance with the Americans with Disabilities Act (ADA) and meet Federal and FMVSS requirements as applicable. Buses shall be new, unused, current model specifically designed for transit service and manufactured in the United States in accordance with "Buy America" requirements. These specifications have been written for the purpose of providing buses of the latest design, current production model with all standard equipment listed in the manufacturer’s literature that are not addressed here. The bidder shall be required to deliver the units ready for operational use. Specific details listed below should be considered to be minimum requirements unless otherwise shown. Where no specifications are shown, the item is to be described as bid. Any exceptions taken to these specifications are to be noted as such in this document with an explanation of the exception taken. Applicable manufacturer’s literature is to be included with the bid. Only bids for complete units will be accepted. 2. INFORMATION AND DESCRIPTIVE LITERATURE: Bidder shall furnish all information requested and, in the spaces, provided in this document. Further, if required elsewhere in this bid, each Bidder shall submit with their bid all drawings/sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid or available elsewhere will not satisfy this provision. Bids that do not comply with these requirements shall constitute sufficient grounds to reject the bid. 3. EXCEPTIONS TAKEN TO SPECIFICATIONS: Bidders must note clearly any and all exceptions taken to the specifications as an attachment. The specifications were not written to intentionally eliminate any one bidder, but to be used as a guide for the size and quality of the equipment requested. In some instances, a particular manufacturer and model may be specified with or without an approved equal. It is noted that different manufacturers will have differences in engineering and design of equipment. Bidders must note these differences as an “Exception” and attach detail information explaining how the exception is “equal to” or “exceeds” the intent of the specification. All exceptions and items submitted as an equal will be evaluated. The City reserves the right to reject any and all bids and to waive any irregularities or technicalities in bids received whenever such rejection or waiver is in the best interest of the City of Raleigh. All Exceptions taken to the specifications must be explained in detail on an attached sheet and submitted with your bid. 4. PRICE FORM: Submit all prices requested on the Price Forms provided herein as Attachment A-1 and Attachment A-2: a. Attachment A-1 Price Form: Base Bus with Standard Features and Options, is the Base Bus with the City’s required features and options included. The prices provided on Attachment A-1 will be used in the evaluation and determination of the bid award. b. Attachment A-2 Price Form: Optional Equipment Upgrades and Training, may or may not be included with the City’s bus order. The prices provided on Attachment A-2 will not be used in the evaluation and determination of the bid award. All prices must be submitted on the Price Form and included with the bidder’s signed bid. As new technology unfolds, options and upgrades will be updated on the Price Forms as needed. Bid No: 274-2020-09R-TL Transit Buses 18 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 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 30’ Buses Estimated Qty 40’ Buses Estimated Qty Year 1 2 16 Year 2 1 14 Year 3 1 14 Year 4 3 25 Year 5 1 3 Totals 8 72 1.4. PRICES Submit all prices requested on the Price Forms provided herein as Attachment A-1 (Base Bus with Standard Features and Options) and Attachment A-2 (Optional Equipment Upgrades and Training). Only the prices on Attachment A-1 Price Form will be used in the evaluation and determination of the bid award. All prices must be submitted on the Price Forms herein and included with the bidder’s signed bid. As new technology unfolds, options and upgrades will be updated on the Price Forms as needed 1.5. PRICE ADJUSTMENTS The Prices submitted on the Price Forms – Attachment A-1 and Attachment A-2 shall remain fixed for any orders issued within the first 1-year from the bid award date. 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. 1.6. INCLUDE ALL STANDARD & COMMOM FEATURES Each vehicle identified on the Price Form – Attachment A-1 shall be considered to have all standard and common features. Each vehicle identified on the Price Form – Attachment A-1 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. Bid No: 274-2020-09R-TL Transit Buses 19 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 Although this solicitation identifies specific services/products to be supplied, it is hereby agreed and understood that any items/products may be added/deleted to/from this contract at the option of the City. When an additional service/product to the contract is required, the Supplier awarded this bid contract shall be invited to submit price quotes for these new services/products. If these quotes are comparable, to competitive market prices for similar services/products, the award(s) shall be added to the contract. 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 awarded bidder will complete delivery within approximately 300 consecutive calendar days after receipt of a City Purchase Order, unless otherwise approved by the City. 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. 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 26, 27, and 28. 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 15 (fifteen) 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 15 (fifteen) calendar days after delivery, acceptance of the bus by the City of Raleigh occurs on the fifteenth 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 Bid No: 274-2020-09R-TL Transit Buses 20 the Contractor. 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 $40 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 in the amount of $100 per calendar day late per unit will be assessed and deducted from the Contractor’s invoice for failure to complete delivery within the delivery time bid. Bid No: 274-2020-09R-TL Transit Buses 21 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 29 and 30. 1.22. DOCUMENTS The Contractor shall provide the City of Raleigh a one copy of all current maintenance manuals (in written form and on compact disk (if available)) with the first bus of each order. The parts manuals (in written form and on compact disk (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 twelve (12) 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 Bid No: 274-2020-09R-TL Transit Buses 22 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 79. 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 20. 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 31. 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. Bid No: 274-2020-09R-TL Transit Buses 23 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 Bid No: 274-2020-09R-TL Transit Buses 24 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 Bid No: 274-2020-09R-TL Transit Buses 25 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 front axle 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. Bid No: 274-2020-09R-TL Transit Buses 26 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 Bid No: 274-2020-09R-TL Transit Buses 27 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) 8. Alignment verification 9. Brake testing 10. HVAC testing and checkout 11. Manufacturer’s QA checklist and signoff 12. Weight Slip (Prototype & Warranty file) 13. Prototype Performance Tests Document (vehicle build file) 14. Acceleration Test 15. Top Speed Test 16. Gradeability Test 17. Interior Noise Test A 18. Stationary Interior Noise Test B 19. Dynamic Exterior Noise Test A 20. Pull Away Exterior Noise Test B 21. Pass-By Exterior Noise Test C 22. Curb Idle Turning Radius Test 23. Turning Effort Test 24. Parking Brake Test 25. Service Brake Test 26. Vehicle Acceptance Inspections Production (Warranty file) 27. Water Test Inspection Report 28. Road Test Inspection Report 29. Interior Inspection Report 30. Hoist/Undercarriage Inspection Report 31. Exterior Inspection Report 32. Electrical Inspection Report 33. Wheelchair Inspection Report 34. Speed Memos (Warranty file) 35. Agency Vehicle Inspection record (Warranty file) 36. Release for Delivery documentation (Warranty file) 37. Post-Production Acceptance 38. Certificate of Acceptance (Accounting) 39. 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 Bid No: 274-2020-09R-TL Transit Buses 28 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 City of 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 2 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 2 YR / UNLIMITED DOOR SYSTEM 2 YR / 100,000 STARTER 1 YR / 50,000 DIGITAL RECORDER 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 Bid No: 274-2020-09R-TL Transit Buses 29 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. 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. These shall include, but not be limited to, Federal ADA, Federal EPA, FMVSS and FMCSR regulations, State Biodiesel Vehicles’ Bid No: 274-2020-09R-TL Transit Buses 30 Warranties (S1277 or G.S. 143-58.4), as well as other state and local accessibility, safety and security requirements. Local regulations are defined as those below the state level. 1.64.1. In accordance with N.C. G. S. 20.116, North Carolina prohibits the operation of any passenger buses with a Gross Vehicle Weight exceeding 40,000 lbs. 1.64.2. In the event of any conflict between the requirements of this Specification and any applicable legal requirement, the legal requirement shall prevail. Technical requirements that exceed the legal requirements are not considered to conflict. 1.65. OVERALL REQUIREMENTS The contractor shall ensure that the use and installation of major bus sub-components and systems comply with all such sub- component vendors’ requirements and recommendations. Components used shall be of heavy-duty design and proven in transit service. 1.66. RESPONSIBILITIES FOR SYSTEMS INTEGRATION & TESTING Upon bid award, the vehicle manufacturer shall analyze and become familiar with the City of Raleigh’s specifications, functional requirements and vehicle operational characteristics, as described herein. Based upon this analysis, the vehicle manufacturer shall provide the subsystem requirements to the subsystem supplier as may be needed to ensure proper functioning of those subsystems and their integration with other vehicle subsystems. (i.e. City of Raleigh specifications and/or manufacturer’s specific requirements). 1.66.1. The vehicle manufacturer shall bear the responsibility of ensuring that the City of Raleigh’s logic requirements will result in the safe operation of the vehicle and shall make the City of Raleigh aware of any inconsistencies regarding normal vehicle operations. 1.66.2. The vehicle manufacturer shall demonstrate proper integration of all on-board subsystems in accordance with the City of Raleigh’s specification requirements prior to final inspection and delivery of the buses. 1.67. TRAINING 1.67.1. The City of Raleigh may require Operator and / or Maintenance training over the term of the contract. All training will be conducted at the City of Raleigh’s facility and priced separately from the base bus on the price proposal as follows: 1. Eight (8) hour Operator Training class. 2. Twenty-four (24) hour Maintenance Technical Training class. 1.67.2. The City of Raleigh and the Manufacturer will determine the specific training requirements which may include but not be limited to: Familiarization, Pre-trip Inspections and Driving Characteristics for Operator and Electrical systems, Suspension and Steering systems, Brake Systems, Engine, Transmission and Body repair for Maintenance. Bid No: 274-2020-09R-TL Transit Buses 31 MINIMUM SPECIFICATIONS Heavy duty transit buses ordered under this bid will be low-floor diesel powered and will be 30 feet and 40 feet in length by 102 inches wide, diesel powdered with optional hybrid or CNG fuel alternatives. The manufacturer shall certify that each bus meets all Federal and State Vehicle Safety Standards and shall be designed, constructed and tested to ensure a minimum service life of at least twelve (12) years or 500,000 miles in revenue service. A copy of the Altoona test report is required with bid submission. 2.1. REQUEST FOR REVIEW Throughout these specifications, City of Raleigh has described the various components and systems. Brand names are used as a description of a component or system that are known to the City of Raleigh as meeting its requirements. Unless otherwise specified, these named products are offered for illustrative purposes only and as a means to better explain the accompanying salient physical, functional, or performance characteristics. 2.1.1. Bidders are required to provide full descriptions including manufacturer, make or model, and other descriptive data or literature for each specified component, regardless of whether the component was included in the City of Raleigh’s illustrative listings. 2.1.2. Any prospective bidder may request the City of Raleigh’s review of a specific component to determine if the component meets the City of Raleigh’s requirements. All request for the City of Raleigh’s review of a specific component and/or system must be fully supported with technical data, test results, transit revenue experience, or other pertinent information which confirms that the item and/or system being offered meet the City of Raleigh’s requirements. The City of Raleigh will review such requests and announce its determinations to all known interested parties. 2.1.3. All such requests must be submitted in writing to by 1:00 pm on Wednesday, April 8, 2020 as shown in the Bid Schedule. (see Bid Schedule on page 5). 2.1.4. All major systems and sub-systems shall be individually and permanently labeled with Manufacturer, Part Number, and Serial Number. Label is to be located, in each instance, for easiest access for reading while installed for use in the bus. List of all systems, subsystems, and components shall accompany each bus either on paper or electronic format on a USB Thumb Drive. 2.2. BUS STURCTURE 2.2.1. CRASHWORTHINESS 2.2.1.1. The transit bus body and roof structure shall withstand a static load equal to 150 percent of the curb weight evenly distributed on the roof with no more than a six-inch reduction in any interior dimension. Windows shall remain in place and shall not open under such a load. The bus shall withstand a 25 - mph impact by a 4,000-pound, post - 1973, American automobile at any point, excluding doorways, along either side of the bus with no more than three inches of permanent structural deformation at seated passenger hip height. This impact shall not result in sharp edges or protrusions in the bus interior. 2.2.1.2. Exterior panels and their supporting structural members shall withstand a static load of two thousand (2,000) pounds applied perpendicular to the bus by a pad no larger than five inches square. This load shall not result in deformation that prevents installation of new exterior panels to restore the original appearance of the transit bus. The transit bus, at GVWR and under static conditions, shall not exhibit deformation or deflection that impairs operation of doors, windows, or other mechanical elements. Static conditions include the vehicle at rest with any one wheel or dual set of wheels on a 6-inch curb or in a 6-inch-deep hole. All structure, body, and panel- bending mode frequencies, including vertical, lateral, and torsion modes, shall be sufficiently removed from all primary excitation frequencies to minimize audible, visible, or sensible resonant vibrations during normal service. 2.2.1.3. The sidewall structure shall be capable of withstanding impacts of 200-foot pounds of energy from a steel faced spherical missile no less than 9 inches in diameter and of a 500-pound load applied anywhere along their length by a rigid plate 1 foot in length with no visible damage to the supporting structure. A damaged portion of the supporting structure shall be replaceable without requiring removal or replacement of the entire structure. 2.2.1.4. To protect passengers seated in low floo

2 W Edenton St, Raleigh, NC 27601, USALocation

Address: 2 W Edenton St, Raleigh, NC 27601, USA

Country : United StatesState : North Carolina

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