new flyer rfa metro responses - web viewword format) ... exterior panels strength and installation...

IFB No. 4017000271 Contract No. ___________

12 REQUEST FOR APPROVAL (RFA FORM)

(NOTE: See next page for instructions on the use of this form – must be submitted in Word format)

SOLICITATION/CONTRACT NO._4017000271______________________________________

MANUFACTURER__New Flyer________ REPRESENTATIVE___Adrian Graca______________

RFA NO._______1_________________ DATE___October 17, 2017_______________________

SECTION___1.5.2.1__ PAGE NO.______25_______ PARAGRAPH NO.______1_______

MANUFACTURER'S REQUEST: As part of the Mandatory RFA requirements New Flyer requests approval for the following Curb Weight and GVWR:

GWWR: 44,533 lbs.Estimated Curb Weight: 29,780 lbs.

METRO'S RESPONSE:

APPROVED______X__________________________ DENIED_________________________

APPROVED AS MODIFIED_____________________________________________________

COMMENTS:

APPROVED BY: DATE:

Andrei Dragomir 10/20/2017

Project Manager







SECTION___1.5.3/2.3.2.1/2.74/2.75__ PAGE NO.__________ PARAGRAPH NO.______all_______

MANUFACTURER'S REQUEST: Please refer to Tab 2 and Tab 32. Capacity and Accessibility for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide a seating capacity of 35 seats. The proposed seating plans are as provided on previous SR2131 with three flip seats on the street side.

METRO'S RESPONSE:

APPROVED________________________________ DENIED______X___________________


COMMENTS: The specification requires “on the curb side and street side of the bus the contactor shall provide four (4) flip seats” while still providing 35 seated positions.

APPROVED BY: DATE:


Project Manager







SECTION___2.1.1.2__ PAGE NO.______29____ PARAGRAPH NO.______1_______

MANUFACTURER'S REQUEST: Please refer to Tab 3. Finish and Color for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide 80+ gloss in zones 1 to 3 and 70+ gloss for zone 4. Orange peel rating of 3.5+ in zones 1 to 3 and 3+ in zone 4. Please refer to Tab 3 for information regarding paint Standards.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________

APPROVED AS MODIFIED_____X________________________________________________

COMMENTS: The orange peel rating must be 4 or more in all of the zones.

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 4. Strength and Fatigue for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide 41003 ferritic stainless steel for the structure construction. This is the same structure as provided on previous SR2131.

METRO'S RESPONSE:

APPROVED_____X___________________________ DENIED_________________________


COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 5. Anti-Corrosion systems for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 6. Towing Procedures for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide 1/4",series 20/30 couplings which are compatible with Houston's SR2131. These connectors are provided in a protective enclosure precluding the need for individual connector protection.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 7 SAMPLE LABEL #7. Fire Protection System for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 8. Fire Extinguisher for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:

APPROVED_______X_________________________ DENIED_________________________


COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 9. Crashworthiness third party tests for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 10. Exterior Panels Strength and Installation for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 11 SAMPLE LABEL #11. Interior Panels “Samples” for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide ceiling panels in the passenger area that are fabricated out of ABS plastic. New Flyer utilizes ABS plastic because it can be thermoformed into a shape that will fit into the contours of the ceiling. The mechanical properties of the material also make it suitable for the application.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 12 SAMPLE LABEL #12. Take One Holder “Sample” for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide four take one holder that are integrated into the radio equipment box (SDS enclosure) that's directly behind the driver.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 13 SAMPLE LABEL #13. Flooring “Sample” for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________

APPROVED AS MODIFIED____X_________________________________________________

COMMENTS: Approved, provided the color of the floor is Tarabus Galaxy NT 8750 Tucuna (color sample tab #25 not the correct color).

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 14. Interior Doors Retaining and Fastening for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide the flooring on the service hatch without a stainless steel or anodized aluminum edge binding. The service hatch is supplied by Polyrit, this service hatch is provided with an extruded surface which protects the flooring preventing the edges from coming loose.

METRO'S RESPONSE:

APPROVED____X____________________________ DENIED_________________________


COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION___2.1.9.2__ PAGE NO.______54____ PARAGRAPH NO.______all_______

MANUFACTURER'S REQUEST: Please refer to Tab 15. Engine and Compartment Doors for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide access doors with lockable gas struts, prop rods are not required in addition to the gas struts. New Flyer also requests approval to provide exterior access doors that will resist the entry of water into the compartments when the bus is being washed, these compartments aren't completely sealed. For further information on the exterior access doors please refer to Tab 15. The proposed doors are identical to previous SR2131.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 16. Door Controls for approval as part of the Mandatory Requests for approvals. New Flyer requests approval for the brake interlock not to engage and the rear and front door not to open unless the bus is travelling less than two (2) mph.

METRO'S RESPONSE:


APPROVED AS MODIFIED_____ ________________________________________________

COMMENTS: The door operator is electric as per specification in section 2.2.1.1 Control.

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 17. Roof Ventilators for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 18. Windshield Wipers for approval as part of the Mandatory Requests for approvals. Manual manipulation will have an impact on the components that make up the wiper assembly. New Flyer recommends not applying excessive force to the wiper arms. New Flyer requests approval.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 19. Exterior Lighting for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________

APPROVED AS MODIFIED______X_______________________________________________

COMMENTS: Lights mounted on the rear of the bus, four brake, two turn signals and two reverse, shall be seven (7”) in diameter. The four inch reverse lights are approved.

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 20. Directional switch and Engine door LED sign for approval as part of the Mandatory Requests for approvals. Operation:The rear engine door LED “STOP” sign shall illuminate when the brakes are applied or the doors are open.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 21. Interior Lights for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide TCB lighting which modules can be dimmed to a pre set value based on Metro's preference without photo sensors for automatic adjustment of light levels.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 22. Operator’s dashboard and pedals for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION___2.3.1__ PAGE NO.______70____ PARAGRAPH NO.______4_______

MANUFACTURER'S REQUEST: Please refer to Tab 23. Type of interior Paneling for approval as part of the Mandatory Requests for approvals.

For the headlining we’re proposing .150” thick ABS plastic, for further information on the material provide the customer with drawing 344853.

For the rear bulkhead and rear interior surfaces New Flyer’s be proposing surfaces covered with .10 thick melamine. For further information on the material being proposed see drawing 254335.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 24. Operator’s Seat for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 25 SAMPLE LABEL #25. Floor Covering “Samples” for approval as part of the Mandatory Requests for approvals. New Flyer requests approval to provide Tarabus Tucuna 8750 Galaxy floor covering. This flooring is .086" thick.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 26. Test Data Sound Insulation for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 27. Operator’s area Visors for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 28. Outside Mirrors for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 29. Exterior Route Displays for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 30. Nest Stop Sign for approval as part of the Mandatory Requests for approvals. Next Stop Sign is supplied by INIT mounted above the standee line just forward of the wheelchair position. The adaptive interior next stop sign would provide passengers with next stop and stop request information. The sign would be fully controlled by the INIT CoPilotPC2, next stop and stop request information would be transferred from the INIT CoPilotPC2 to the Next Stop sign on a network that’s J1708 compliant. New Flyer also request approval to provide the next stop interior signs which are SAE J-1708 compatible.

The driver would also be provided with a stop request visual identification through an indicator on the instrument cluster.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 31. Wheelchair Ramp System for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 32. Wheelchair Securement for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________X________________


COMMENTS: The specification requires “on the curb side and street side of the bus the contactor shall provide four (4) flip seats” while still providing 35 seated positions.

APPROVED BY: DATE:


Project Manager







SECTION___3.1.1.5/3.1.1.6__ PAGE NO.______105/106__ PARAGRAPH NO.______2_______

MANUFACTURER'S REQUEST: Please refer to Tab 33. Operating Range/Fuel Economy for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:

APPROVED________________________________ DENIED________X_________________


COMMENTS: Information provided is for a 60 foot diesel powered bus.

APPROVED BY: DATE:


Project Manager







SECTION___3.1.2.2__ PAGE NO.______108__ PARAGRAPH NO.______9_______

MANUFACTURER'S REQUEST: Please refer to Tab 34. Oil Lines, Fuel Lines, and High Pressure seamless Shields for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 35. Electric Cooling Fan for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION___3.1.3__ PAGE NO.______110__ PARAGRAPH NO.______1_______

MANUFACTURER'S REQUEST: Please refer to Tab 36. Power Plant for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________


COMMENTS: Approved, provided the transmission is B400R xFE.

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 37. Engine Certification for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 38. Air Springs for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 39. Turning Radius for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 40. Steering Column/Wheel for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 41. Wheel bearings and seals for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 42. CNG Fuel System for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________


COMMENTS: Approved, provided the operating range of the bus when run exclusively on the “CBD segment of the Design Operating Profile” shall be at least 450 miles with an initial gas settled pressure of 3600 psi at 70 F.

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 43. Electrical System for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION___3.7__ PAGE NO.______147__ PARAGRAPH NO.______1_______

MANUFACTURER'S REQUEST: Please refer to Tab 44. HVAC for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS: The air conditioner compressor must be belt driven from the bus engine. Design of the compressor must permit its engagement at any engine speed without damage to the compressor or any other components of the bus. Houston METRO did not specify an all-electric HVAC.

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 45. Video Surveillance System for approval as part of the Mandatory Requests for approvals. The camera system would come equipped with a MobileView 7000 NVR, this NVR has a capacity of 2TB. The NVR has an integrated 3 axis accelerometer.

Eleven strategically positioned cameras would be provided on the exterior and interior of the bus. For further information on the proposed camera locations see drawing 670574. These are analog/IP cameras with audio for all the interior cameras.

An Uninterrupted Power Supply would be provided as part of the camera system to ensure power is available to the camera system when the bus is turned off.

A 7” LCD monitor would be provided in the driver’s area to provide the following views:- A backup view for when the bus is in reverse- A clear view of the exit door area when the exit door is open- A view of the curbside of the bus when the left turn signal is activated- A view of the streetside of the bus when the right turn signal is activated

A DVR status light/event marker would be provided on the side console. This device provides visual integration to the driver of the status of the DVR. It also allow the driver to tag an event that’s occurring on the bus to allow for quick retrieval of the incident video.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 46. Fire Suppression System for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________


COMMENTS: Houston METRO requires a 30LBS fire suppressant agent.

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 47. Schedule Maintenance Items for approval as part of the Mandatory Requests for approvals. New Flyer requests approval for warranty not apply to scheduled maintenance items, acts of nature, or normal consumables such as tires, belts, bulbs/tubes or items with progressive wear characteristics (bushings, wiper blades, friction surfaces), nor to items furnished by METRO such as radios, fare boxes and other auxiliary equipment, except insofar as such equipment may be damaged by the failure of a part or component for which the Contractor is responsible. The warranty shall not be honored if there are clear signs of abuse.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








MANUFACTURER'S REQUEST: Please refer to Tab 48. Contractor’s Service Representative for approval as part of the Mandatory Requests for approvals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION___V __ PAGE NO.__9____ __ PARAGRAPH NO.______ 2_______

Vehicle Inspection and Acceptance

New Flyer requests approval for the following addition to the language on this section:

If a vehicle passes these tests or if METRO does not notify the Contractor of non-acceptance within 15 calendar days after delivery of the vehicle, acceptance of the vehicle by METRO shall be deemed to have occurred on the 15th day after delivery. Acceptance shall occur earlier if METRO notifies the Contractor of early acceptance or places the vehicle into revenue service.

If METRO conditionally accepts a vehicle, METRO shall pay the purchase price to the Contractor in respect of such conditionally accepted vehicle, but shall be entitled to withhold from the purchase price therefor an amount equal to the cost of rectifying the identified deficiencies, as determined by METRO and the Contractor, acting reasonably. METRO shall be entitled to withhold such amount until the deficiency relating to such withheld amount is corrected to the satisfaction of METRO, acting reasonably.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_____X____________________


COMMENTS:

__________________________________ _____________________________

APPROVED BY: LaTonja P Ware DATE: 10/24/17

Sr. Contract Administrator

xxiv






RFA NO._______50 _________________ DATE___October 17, 2017_______________________

SECTION___VII/2 __ PAGE NO.__13____ __ PARAGRAPH NO.___1_________

Indemnification AgreementNew Flyer requests approval to revise the language on this section as follows:A. CONTRACTOR AGREES TO AND SHALL INDEMNIFY AND HOLD HARMLESS METRO, ITS DIRECTORS AND EMPLOYEES FROM AND AGAINST ANY AND ALL PROVEN THIRD PARTY CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND REASONABLE ATTORNEY’S FEES, FOR BODILY INJURY, SICKNESS, DISEASE OR DEATH OF ANY PERSON, OR FOR DAMAGES TO ANY PROPERTY, INCLUDING CONSEQUENTIAL DAMAGES OR LOSS OF USE THEREOF, BROUGHT OR RECOVERABLE PROVEN BY THIRD PARTIES AGAINST METRO, ITS DIRECTORS AND/OR EMPLOYEES AND ARISING OUT OF OR DIRECTLY RESULTING FROM ANY NEGLIGENT ACT OR OMISSION BY CONTRACTOR IN THE PERFORMANCE OF THIS CONTRACT. CONTRACTOR AGREES TO PROVIDE ACKNOWLEDGEMENT OF INDEMNIFICATION WITHIN TEN DAYS FROM RECEIPT OF DEMAND FOR INDEMNIFICATION FROM METRO.

B. THE INDEMNITY PROVIDED FOR IN THIS ARTICLE SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS OR DAMAGE, CAUSE OF ACTION, SUIT OR LIABILITY BROUGHT OR RECOVERABLE AGAINST METRO, ITS DIRECTORS AND/OR EMPLOYEES TO THE EXTENT THE INJURY, DEATH OR DAMAGE RESULTS SOLELY FROM A GROSS NEGLIGENT ACT OR WILLFUL BEHAVIOUR BY METRO, FOR WHICH THE PARTIES WILL BE LIABLE ON A PROPERTIONATE BASIS. METRO'S RESPONSE:

APPROVED________________________________ DENIED__________X_______________


COMMENTS: This is METRO’s standard indemnification language and it is included in all contracts.

__________________________________ _____________________________



Xxiv






RFA NO.______51 _________________ DATE___October 17, 2017_______________________

SECTION___ IX __ PAGE NO.__16____ __ PARAGRAPH NO.______C_______

Data RightsNew Flyer requests approval to revise the language on this section as follows:C...METRO reserves a royalty-free, non-exclusive, non-transferable and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, the following subject data solely in order to operate or maintain the vehicles: (1) any subject data required to be developed and first produced in the performance of the Contract and specifically paid for as such under the Contract, whether or not a copyright has been obtained; and (2) any rights of copyright to which the Contractor, Subcontractor or Supplier purchases ownership for the purpose of performance of the Contract and specifically paid for as such under the Contract. The Contractor agrees to include the requirements of this clause, modified as necessary to identify the affected parties, in each subcontract and supply order placed under the Contract.

METRO'S RESPONSE:



COMMENTS:

__________________________________ _____________________________



xxiv







SECTION___ X __ PAGE NO.___17_ __ PARAGRAPH NO.______ 5_______

Service Location

New Flyer requests approval that the suppliers authorized service centers of the Engine & Transmission will perform warranty covered repairs to not void the warranty. This is a mandatory requirement from the suppliers of these components.

New Flyer will ensure service quality expectations are met and work is conducted in an acceptable timeframe to METRO.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_____X____________________


COMMENTS: Insufficient information. 4.1.3.1 Warranty Assignment (Delegation) is to be complied with and when requesting authorization for warranty delegation, the Bidder must provide the following information and statements in writing (Deliverable, See Appendix No.1, Item D31).

APPROVED BY: DATE:


Project Manager







SECTION___ X__ PAGE NO.__19__ __ PARAGRAPH NO.______ _B9____

Termination for Convenience of Metro

New Flyer requests approval to include the following section

B9. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination.

METRO'S RESPONSE:



COMMENTS: The article already contains sufficient language covering this.









SECTION___ X __ PAGE NO.___20/21___ __ PARAGRAPH NO.______13_______

Confidential Information

New Flyer requests approval for METRO and its representatives and agents agree to enter into a confidentiality agreement with the Contractor prior to commencing an audit, review or analysis in order to protect and maintain the confidentiality of the Contractor’s information.

METRO'S RESPONSE:

APPROVED_____________X___________________ DENIED_________________________


COMMENTS: METRO’s Audit Department signs confidentiality agreements with the Contractor prior to commencing audits.

__________________________________ _____________________________



xxiv







SECTION___X __ PAGE NO.__22__ __ PARAGRAPH NO.______25-C_______

Suspension of Work

New Flyer requests approval to delete the exclusion of profit during suspension of work.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_______X__________________


COMMENTS:

__________________________________ _____________________________



xxiv







SECTION___ X __ PAGE NO.___N/A_ __ PARAGRAPH NO.______N/A______

Risk of Loss

New Flyer requests approval to add the following section to the Terms and Conditions:

METRO shall assume risk of loss of the vehicle on delivery. Prior to delivery, the Contractor shall have risk of loss of the vehicle.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________


COMMENTS: Provide the Contractor does not remove the vehicles from METRO property prior to acceptance.

__________________________________ _____________________________



xxiv






RFA NO._____57_______________ DATE___October 17, 2017_______________________

SECTION___ X __ PAGE NO.___N/A___ __ PARAGRAPH NO._____N/A_______

Price Adjustments due to Regulatory Changes

New Flyer requests approval to include the following standard clause in the contract language. Notwithstanding anything else to the contrary contained herein, in the event that a price adjustment is required in respect of changes that are mandatory as a result of legislation or regulations that become effective after the date of the proposal submission, such price adjustment shall be negotiated in good faith by the City of Cold Lake and the Vendor.

METRO'S RESPONSE:



COMMENTS: Standard language in all our bus contracts.

__________________________________ _____________________________



xxiv






RFA NO._______58________________ DATE___October 17, 2017_______________________

SECTION___ X __ PAGE NO.____N/A __ PARAGRAPH NO._____N/A_______

Waiver

New Flyer requests approval to add the following section to the contract language:

In the event that either party elects to waive its remedies for any breach by the other party of any covenant, term or condition of the Contract, such waiver shall not limit the waiving party's remedies for any succeeding breach of that or any other term, covenant or condition of the Contract.

METRO'S RESPONSE:



COMMENTS:

__________________________________ _____________________________



xxiv







SECTION_ 1.5.1.2 __ PAGE NO.____25 __ PARAGRAPH NO.______2 _______

Underbody Clearance

New Flyer requests approval to provide a 9 degree breakover angle.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION__1.5.1.2 __ PAGE NO.___25___ __ PARAGRAPH NO.______2______

Underbody Clearance

New Flyer requests approval to provide wheel area clearance of 5.6" for parts that move vertically with the axles , the suspension bolts protrude to this depth.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.______61_ _________________ DATE___October 17, 2017_______________________

SECTION__ 2.1.3.3 __ PAGE NO.___42 __ PARAGRAPH NO.______1 _______

Rain Gutters

New Flyer requests approval to provide a rain gutter with a .3 square inch cross section.

METRO'S RESPONSE:

APPROVED________X________________________ DENIED_________________________


COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.______62_________________ DATE___October 17, 2017_______________________

SECTION_ 2.1.4.5 __ PAGE NO.___45_ __ PARAGRAPH NO._____3_ _______

Construction

New Flyer requests approval to provide black ABS plastic for the dash in the driver's area. This material is suitable for the application and can be thermoformed into a shape with the correct geometry that's required for the design. Please refer to Tab 11 for samples.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION__2.1.4.5 __ PAGE NO.___45_ __ PARAGRAPH NO._____3 _______

Construction

New Flyer requests approval to provide a black driver's area to minimize the glare experienced.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION__ 2.1.9.1 __ PAGE NO.___51_ __ PARAGRAPH NO.______1 _______

Interior

New Flyer requests approval to provide 5/16" square key quad latches to secure the front destination sign access door.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION 2.1.9.2/3.6.5.2_ PAGE NO.__53/144____ __ PARAGRAPH NO._5/2_____ _______

Exterior/ Batteries

New Flyer requests approval to provide a polyethylene battery tray supported by a stainless steel sub-frame, the cover is also polyethylene. This design is corrosion resistant, light weight and has proven to be extremely robust.

Please note that the batteries are supported by structural stainless steel U-channels. Sized to provide the correct support for 2 8d batteries or 4 GP 31 batteries.

Please refer to Tab 15 for more information.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION__ 2.2.2.2 __ PAGE NO.___59_ __ PARAGRAPH NO._____2_ _______

Windshield Washer

New Flyer requests approval to provide a single barbed T-fitting in the dash area. This allows the washer fluid line to go from a single line to two lines that supply washer fluid to each side of the windshield.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION__ 2.2.3.1 __ PAGE NO.___59_ __ PARAGRAPH NO.______2 _______

Exterior Lighting

New Flyer requests approval to provide 7" diameter lights except for the white backup lights, these lights are only available in a 4" diameter. Please refer to Tab 19

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________


COMMENTS: Lights mounted on the rear of the bus, four brake, two turn signals and two reverse, shall be seven (7”) in diameter. The four inch reverse lights are approved.

APPROVED BY: DATE:


Project Manager







SECTION_ 2.2.3.1 __ PAGE NO.__59____ __ PARAGRAPH NO.______ 2_______

Exterior Lighting

New Flyer requests approval to provide LED headlights that are supplied by JW Speaker, these headlights aren't 4" in diameter. Please refer tab 19.

METRO'S RESPONSE:

APPROVED_________X_______________________ DENIED_________________________


COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO._____69 _________________ DATE___October 17, 2017_______________________

SECTION_ 2.2.3.1 __ PAGE NO.___61___ __ PARAGRAPH NO.______8 _______

Exterior Lighting

New Flyer requests approval to provide 2 amber strip lights which are positioned above the engine compartment door. These strip lights are 1" X 18". Please refer to Tab 19

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION__ 2.2.3.1 __ PAGE NO.____61 __ PARAGRAPH NO._____8_ _______

Exterior Lighting

New Flyer requests approval to provide a 1" X 18" red strip light in between the two amber 1"X18" strip lights. These lights are positioned above the engine compartment door. Please refer to tab 19.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.______71_ _________________ DATE___October 17, 2017_______________________

SECTION_ 2.2.3.1 __ PAGE NO.___61 __ PARAGRAPH NO._____9_______

Exterior Lighting

New Flyer requests approval to provide LED headlights with an industry-leading 6-year warranty.

This is the max warranty available from the supplier.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO._____72__ _________________ DATE___October 17, 2017_______________________

SECTION__ 2.2.3.2 __ PAGE NO.____62__ __ PARAGRAPH NO.______1 _______

Service Area Light

New Flyer requests approval to provide square LED lights (2.7" x 2.7") in the engine compartment which aren't strip lights. New Flyer would provide 4 of these lights strategically positioned throughout the engine compartment ensuring adequate lighting when service is required in poorly lit areas.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO._____73 _________________ DATE___October 17, 2017_______________________

SECTION_ 2.2.3.6 __ PAGE NO.__67____ __ PARAGRAPH NO.____1__ _______

Instrumentation

New Flyer requests approval to provide indicators that are illuminated on with LED's of on a LCD screen.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION__ 2.2.3.6_ PAGE NO.______ __ PARAGRAPH NO._____2 _______

Instrumentation

New Flyer requests approval to provide an instrument cluster with two individual analog air pressure gauges which are used to monitor the vehicle's front and rear air brake systems. An LED indicator at the bottom of each gauge illuminates and a warning buzzer sounds if air pressure drops below 75 psi (517 kPa). If air pressure exceeds the normal operating range, the LED indicator will flash. Also, if the air pressure exceeds the maximum gauge reading or the transducer fails, the LED indicator will flash indicating a fault code.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.____75_________________ DATE___October 17, 2017_______________________

SECTION 2.3.4.3___ PAGE NO.____77__ __ PARAGRAPH NO.____All______

Passenger Area

New Flyer request approval to provide a sealant from Tarabus at these location to provide a floor that is free of tripping hazards and easy to clean precluding the need to provide trims to seal the wheelhouses, rear floor riser, driver's platform riser and around the rear wheel arches.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.___76____________________ DATE___October 17, 2017_______________________

SECTION_ 2.4.2.1__ PAGE NO.___79__ __ PARAGRAPH NO._____3_______

Dimensions

New Flyer request approval to delete the requirement to provide a rear window. A rear window is not available for CNG application due to the fact that the HVAC unit is located at the rear of the bus above the engine.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.______77_______________ DATE___October 17, 2017_______________________

SECTION_ 3.1.4.3__ PAGE NO.___118___ __ PARAGRAPH NO._____1_______

Exterior Noise

New Flyer requests approval for all noise test data to follow the same testing procedures as performed in the Altoona Bus Research and Testing Center where a penalty of five (5) dBA to the sound level does not apply. New Flyer is well below the noise levels specified in the specification. Please refer to Tab 26.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.____78___________________ DATE___October 17, 2017_______________________

SECTION_ 2.6.1.2__ PAGE NO.__83__ __ PARAGRAPH NO._____1_______

Exit Signal

New Flyer request approval to provide a double sided LED stop request sign that ceiling mounted and located in the exit door area. This sign ensures that rearward facing wheelchairs and passengers on the upper deck have a clear visible indication of a stop request.

New Flyer proposes an INIT supplied interior sign that's ceiling mounted forward of the wheelchair positions. This sign provides visual indication of a stop request to passengers on the lower deck.

The driver is provided a visual indication of a stop request through an indicator on the dash mounted instrument cluster.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 2.6.4.4__ PAGE NO.__90/91 __ PARAGRAPH NO._____1_______

Operator Control Console

New Flyer request approval to provide destinations sign control module that's mounted on the sawtooth panel directly above the driver. The driver has easy access to this area.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO._____80________________ DATE___October 17, 2017_______________________

SECTION_ 3.1.3.2__ PAGE NO.__113_ __ PARAGRAPH NO._____3_______

Cooling System

New Flyer request approval to provide a surge tank with a Lev-R-Vent which isn't hinged filler cap. Please refer to Tab 34.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_3.1.3.2__ PAGE NO.___113 __ PARAGRAPH NO._____All_______

Cooling System

New Flyer request approval to provide cooling system hoses that are fabricated out of materials other than and including Silicone Rubber. New Flyer selects the hose type that's suitable for the specific application considering the operating environment. For a detailed description of the hose used and where they're used please refer to Tab 34.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 3.1.3.2__ PAGE NO.__114_ __ PARAGRAPH NO._____6______

Cooling System

New Flyer proposal is based on providing a Ametek Rotron marine pump which doesn't have an integrated CAN controller.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 3.2.1__ PAGE NO.__119____ __ PARAGRAPH NO._____2_______

General Requirements

New Flyer request approval to provide the vent line on the rear axle that is 27" front ground.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 3.5.1.3_ PAGE NO.__126_ __ PARAGRAPH NO._____2_______

Hubs

New Flyer requests approval for brake lining to be considered a friction item that is not covered under the warranty provision.

Warranty coverage on Brake Lining is not an industry standard.

METRO'S RESPONSE:



COMMENTS: The brake parts shall be part of warranty when there is progressive damage.

APPROVED BY: DATE:


Project Manager







SECTION_ 3.6.2.3__ PAGE NO.___133 __ PARAGRAPH NO._____1_______

Defueling System

New Flyer would like to clarify that NGV-3.1/CGA-12.3 is not the appropriate standard for fueling or de-fueling receptacles and therefore our standard Swagelok defuel (purge) port is not NGV-3.1/CGA-12.3 certified.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 3.6.2.3__ PAGE NO.__134__ __ PARAGRAPH NO._____2_______

Defueling System

Based on field data and testing New Flyer estimates that it will take approximately 5.5 hours to defuel a bus with 20,000 scf on board. New Flyer requests approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 3.6.2.3 PAGE NO.__134____ __ PARAGRAPH NO._____2_______

Defueling System

New Flyer clarifies that an atmospheric venting system is not provided. New Flyer requests approval to delete this requirement.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO._______88________________ DATE___October 17, 2017_______________________

SECTION_ 3.6.2.4 PAGE NO.__134____ __ PARAGRAPH NO._____2_______

CNG Fuel Lines

New Flyer request approval to provide a flex line on the system that connects the chassis plumbing to the engine fuel inlet and is adequately supported (NFPA 52). The effective flexible unsupported length is 16.5". It's a rigid hose specifically designed for CNG applications. This hose doesn't require additional support. Please refer to Tab 34 and Tab 42.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.___89____________________ DATE___October 17, 2017_______________________

SECTION__ 3.6.2.4_ PAGE NO.__134____ __ PARAGRAPH NO._____2_______

CNG Fuel Lines

New Flyer request approval to provide CNG fuel lines that are fabricated out of 304 and 316 tubing. Please refer to tab 34

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 3.6.4.1__ PAGE NO.__138/139____ __ PARAGRAPH NO._____all_______


New Flyer request approval to provide the Vansco multiplexing modules that detect short circuits (to ground or power), over currents and open load. Please refer to Tab 43

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO._____91__________________ DATE___October 17, 2017_______________________

SECTION_3.6.4.1 PAGE NO.__139____ __ PARAGRAPH NO._____2_______


New Flyer requests approval to provide high quality grounds eliminating the requirement for redundant grounds as follows:

- Ground bars which are subjected to a corrosive environment are fabricated out of stainless steel

- Every ground point has the correct torque applied based on the specific connection point size

- After torque has been applied to the connection point it's witness marked

- Dielectric grease is applied to all ground points

- Grounds that are connected to the chassis and aren't grounded through panels or hinges

- All primer is adequately removed from chassis ground points before making the ground connection (The ring terminals contact the bare metal with no paint in between.)

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_3.6.4.3__ PAGE NO._140__ __ PARAGRAPH NO._____1_______

Wiring and Terminal

New Flyer requests approval to provide a jumper power cable in the fusebox which links the disconnect switch to the main 24V busbar. A power cable feeds the starter from main 24V busbar.

New Flyer provides this configuration to minimize the amount of electrical connections that would be stacked on the 24V load side of the disconnect switch.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.___93__________________ DATE___October 17, 2017_______________________

SECTION_3.6.4.3__ PAGE NO.___141___ __ PARAGRAPH NO._____3_______

Wiring and Terminal

New Flyer requests approval to provide double insulation on all wiring except for wiring that's within an electrical panel. These panels would be the side console, rear panel, fuse box, switch box, exit door panels and SDS panel. Double insulation in not provided for the following reasons:

- Clamps and tie wraps are strategically positioned which minimizes harness movement and the opportunity for harness chaffing

- All sharp edges near the harness routing is covered with a protective rubber channel eliminating the possibility of the wiring insulation getting damaged

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_3.6.4.3/3.8.1.3__ PAGE NO.____141/159 __ PARAGRAPH NO._____3/1_______

Wiring and Terminal/General Cabling Requirement

New Flyer requests approval to provide Hellermann Tyton Clamps with heavy duty Panduit tie wraps to secure electrical cabling and harnessing. Benefits are as follows:

- The clamps and tie wraps are fabricated out of Nylon which provides a continuous operating temperature range of -40 F to +230 F

- The tie wraps are extra wide at .5" ensuring that the loom on the harness bundle isn't crushed

- The tie wraps are adjustable which ensures adequate clamping of the harness and no movement within the clamp that could result in wire chaffing

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_3.6.4.4__ PAGE NO.___142 __ PARAGRAPH NO._____1_______

Junction Boxes

New Flyer requests approval to delete the requirement for the rear panel, side console ,exit door panel and SDS panel to be sealed compartments, these electrical panels are on the interior of the coach with no risk of moisture intrusion that would impact the functionality of the electrical components.

Please note that electrical panels located in the engine compartment which are exposed to excessive moisture are waterproof and are corrosion resistant. These electrical panels are the fuse box and the switch box.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_3.6.5.1__ PAGE NO.___143/144___ __ PARAGRAPH NO._____1_______


New Flyer requests approval to provide headlights that are protected by a headlight control module and a Vansco output which are not auto resettable.

Our goal with this type of circuit protection is that the root cause of the problem is corrected before power is re-stored to the device. Auto-reset circuit breakers have the potential to cycle the power to these circuits on and off for prolonged periods of time, this has the potential to cause more severe damage.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_3.6.5.7__ PAGE NO.___146___ __ PARAGRAPH NO._____1_______

Capacitor Starting System

New Flyer requests approval to provide a KBI capacitor as previous Metro's SR2131. This capacitor outputs 102 KJ and have a rating of no less than 315F

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_3.6.5.8__ PAGE NO.__146/147____ __ PARAGRAPH NO._____1_______

Passenger USB electrical outlets

New Flyer requests approval to provide power from the 10 amp Vansco Multiplexing Module outputs, a single 10 amp output would supply power to up to 5 USB receptacles. The Vansco Multiplexing Modules contain status LED's that would provide loss of power/malfunction information for all USB receptacles on the circuit. The Vansco Multiplexing Modules status LED's wouldn't provide power/malfunction information for each individual USB connection.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 3.7.2_ PAGE NO._148_____ __ PARAGRAPH NO.___1_________

Operators Heater and Windshield Defroster

New Flyer requests approval to provide a defroster with a plastic fan blower wheel.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.__100________________ DATE___October 17, 2017_______________________

SECTION_ 3.7.3_ PAGE NO.___149___ __ PARAGRAPH NO._____2_______

Air Conditioning System

New Flyer clarifies that it meets the Pull Down requirements of the specification. Testing have been performed on buses with the same HVAC configuration. We request approval to provide test data from previous 40' CNG buses with similar bus components as validation of compliance. New testing would be required.

METRO'S RESPONSE:



COMMENTS: METRO and bus manufacturer personnel must be present to observe and approve all procedures during the time that the first article bus is present at the test facility.

APPROVED BY: DATE:


Project Manager






RFA NO.___101_______________ DATE___October 17, 2017_______________________

SECTION_3.8.1.7 / 3.8.1.7.3_ PAGE NO.__/162/174____ __ PARAGRAPH NO.___1 and 43_________

Video Surveillance System/Warranty

New Flyer requests approval to provide a pass-through warranty on the Video Surveillance System and that METRO would deal directly with the Video Surveillance System supplier for any warranty claims/repairs. The warranty length/coverage, support any other terms and conditions will only have coverage as specified by the Video Surveillance System manufacturers warranty document.

New Flyer will ensure service quality expectations are met and work is conducted in an acceptable timeframe to METRO.

METRO'S RESPONSE:

APPROVED________________________________ DENIED____________X_____________


COMMENTS: Should the Bidder desire to delegate warranty responsibility to the Bidder's suppliers, or to others, the Bidder must request warranty delegation authorization as a Request for Approved Equal. When requesting authorization for warranty delegation, the Bidder must provide the following information and statements in writing (Deliverable, See Appendix No.1, Item D31).

APPROVED BY: DATE:


Project Manager






RFA NO.__102_________________ DATE___October 17, 2017_______________________

SECTION_ 4.1.2_ PAGE NO.__183____ __ PARAGRAPH NO._____1_______

Complete Bus

New Flyer requests approval to provide the base bus warranty to begins on the date of acceptance of each bus.

This is an industry standard.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_____________X____________


COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.__103___________________ DATE___October 17, 2017_______________________

SECTION_ 4.1.3_ PAGE NO.__183____ __ PARAGRAPH NO.__1__________

Subsystem & Components

New Flyer requests approval to provide all subsystem & component warranties to begin on the date of acceptance of each bus.


METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager





MANUFACT104URER__New Flyer________ REPRESENTATIVE___Adrian Graca______________


SECTION_ 4.1.3_ PAGE NO.__184____ __ PARAGRAPH NO.___Table________

Subsystem & Components

New Flyer requests approval to provide the following whichever occurs first warranties

Engine and all items supplied by its manufacturers and Engine Electronic Control System New Flyer requests approval to provide the standard engine warranty of 2-years unlimited with a purchased limited extended warranty of 3 years 300,000 miles for a total of 5 years 300,000 miles whichever occurs first. New Flyer would like to clarify that any 3rd party components that are part of the engine and not covered by the Cummins warranty will be covered under section 4.1.2 Complete Bus Warranty.

Suspension 2 years 100 000 miles

Brake System 2 years 100 000 miles

Basic Body Structure 3 years 150 000 miles

Electric Fan and Power Steering System 2 years 100 000 miles

Air Compressor 2 yrs unlimited. This is the max warranty from the supplier.

Air Dryer 2 years 200 000 miles

LED HeadLights 6 years unlimited miles

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________


COMMENTS: Basic body structure 5 years or 300,000 miles. Electric fan 3 years or 150,000 miles. Air Dryer 3 years or 150,000 miles

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.3.1_ PAGE NO.___184___ __ PARAGRAPH NO.____1________

Warranty Assignment (Delegation)

New Flyer is formally requesting a waiver to not administer warranty claims on major components such as the Engine, Transmission, HVAC, Destination Signs, Video Surveillance System and Batteries. By METRO dealing directly with these suppliers, the bus will get repaired as quickly as possible and back into revenue service. New Flyer will provide support as necessary.

New Flyer will comply to warranty assignment section (A-G) where the bidder is responsible.

METRO'S RESPONSE:



COMMENTS: Should the Bidder desire to delegate warranty responsibility to the Bidder's suppliers, or to others, the Bidder must request warranty delegation authorization as a Request for Approved Equal. When requesting authorization for warranty delegation, the Bidder must provide the following information and statements in writing (Deliverable, See Appendix No.1, Item D31).

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.7_ PAGE NO.__187____ __ PARAGRAPH NO.___1_________

Fleet Defects

New Flyer requests approval to provide fleet defect coverage for the limited base bus warranty period specified in Section 4.1.2 Complete Bus.

Fleet defect warranty does not apply to contract specified components or major components such as the engine, transmission, and HVAC. Major component manufacturers will not recognize and/or participate in fleet defect clauses.

New Flyer requests approval for the language to be changed so that if the fleet defect specified percentage is reached on a major component, New Flyer is responsible to support and shall assist METRO with obtaining a remedy from the major component manufacturer. If a remedy to a Fleet Defect proposed by the manufacturer is not acceptable to METRO acting reasonably, New Flyer shall use commercially reasonable efforts to work with the major component manufacturer to develop an alternative remedy that is acceptable to METRO, acting reasonably.

METRO'S RESPONSE:



COMMENTS: Bidder acknowledges that upon written notice from METRO, any assigned warranty agreement may be revoked, and all liabilities of warranty as specified will become the sole responsibility of Bidder.

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.7_ PAGE NO.__187____ __ PARAGRAPH NO.____1________

Fleet Defects

New Flyer requests approval that we will correct a fleet defect under the limited base bus warranty period specified in Section 4.1.2 Complete Bus. After correcting the Defect, METRO and New Flyer shall mutually agree to and New Flyer shall promptly undertake and complete a work program reasonably designed to prevent the occurrence of the same defect in all other buses and spare parts purchased under this contract.

METRO'S RESPONSE:

APPROVED________________________________ DENIED___________X______________


COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.___108________________ DATE___October 17, 2017_______________________

SECTION_ 4.1.8_ PAGE NO.___187/188___ __ PARAGRAPH NO.____1/2________

Correction of Fleet Defects

New Flyer requests approval that within thirty (30) days of receipt of notification of a fleet defect, unless an extension is granted, New Flyer shall provide METRO with a plan, acceptable to METRO, specifying how and when all buses with defects shall be corrected.

New Flyer will repair fleet defects in an efficient and timely manner and will make every attempt to meet the "aged to" timeframes however, due to the possible degrees of fleet defect complexity, we cannot guarantee this or agree to pay liquidated damages on fleet defects.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.8_ PAGE NO.__188__ __ PARAGRAPH NO.______1/2______

Correction of Fleet Defects

New Flyer requests approval to provide the warranty on items determined to be fleet defects shall be extended for the basic warranty time period or miles, whichever comes first.

Components covered by extended warranty programs beyond basic warranty are not included in the fleet defect category.

METRO'S RESPONSE:



COMMENTS: Warranty on parts or sub-systems replaced as a result of a fleet defect shall have a new warranty assigned, equal to the original manufacturers or contract warranty, whichever is longer.

APPROVED BY: DATE:


Project Manager






RFA NO._110____________________ DATE___October 17, 2017_______________________

SECTION_ 4.1.11_ PAGE NO._189_ __ PARAGRAPH NO.___1_________

Contractor's Representative

New Flyer requests approval to provide a Regional Product Support Manager to work with METRO on warranty related issues as needed. The Regional Product Support Manager is available via phone or e-mail and normally responds within 24 hours. If New Flyer representation is required on-site, New Flyer will have on-site support available within 5 business days. New Flyer will provide this in lieu of having full-time service personnel on-site for the complete bus warranty period.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.11_ PAGE NO.__189____ __ PARAGRAPH NO._____2_______

Contractor's Representative

New Flyer will provide the parts and tools required to complete warranty repairs, but when possible, we request that METRO provide shop space to so we can complete the repairs. This allows us to work with the property in order to return the bus to revenue service as quickly as possible. If shop space is unavailable, New Flyer will utilize contractors with their own service facilities in the METRO area to perform the repairs and get the buses back into revenue service as soon as possible. This will be provided in lieu of a New Flyer Service Center.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.12_ PAGE NO._190_____ __ PARAGRAPH NO._____1_______

New Flyer will work with METRO on warranty covered repairs, but the majority of the warranty repairs should be performed by METRO's trained personnel with reimbursement by New Flyer.

In saying this, please be advised that the following major component equipment suppliers (engine, transmission, HVAC and destination sign suppliers) mandate that all warranty repairs be performed by an authorized dealer of their components (and not New Flyer or METRO). If METRO elects to perform these repairs, without the written permission of the original equipment manufacturer, the remaining warranty coverage may be voided.

Please note that New Flyer will be available to work with METRO on major equipment repairs to ensure service quality expectations are met and work is conducted in an acceptable timeframe.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.13_ PAGE NO.___191___ __ PARAGRAPH NO.___2_________

Repairs by Contractor

New Flyer will provide the parts and tools required to complete warranty repairs, but when possible, we request METRO provide us shop space to so we can complete the repairs. This allows us to work with METRO in order to return the bus to revenue service as quickly as possible. New Flyer request approval.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.13/4.1.14.6_ PAGE NO.__191/194____ __ PARAGRAPH NO.___2/1_________

Repairs by Contractor/Reimbursement for Towing

New Flyer will agree to cover reasonable towing costs for the complete bus warranty period as specified in section 4.1.2. However, it should be noted that some limitations and exclusions may apply (e.g., New Flyer does reimburse for labor for driving buses or towing charges for buses being transported between facilities). New Flyer requests approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.____115______________ DATE___October 17, 2017_______________________

SECTION_ 4.1.14.1 / 4.2_ PAGE NO.__192/194____ __ PARAGRAPH NO._____1_______

Parts Used / Warranty after Replacement or Repairs

New Flyer requests approval that if any component, unit or subsystem is repaired, rebuilt or replaced by the New Flyer or by METRO`s personnel with the concurrence of New Flyer, the subsystem shall have the unexpired warranty period of the original subsystem.


METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________

APPROVED AS MODIFIED______X_______________________________________________

COMMENTS: If component unit is replaced as the result of a fleet defect on a bus where the base warranty has expired at the time of the repair, the warranty assigned shall be one (1) year from the date of install.

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.14.2_ PAGE NO.___192___ __ PARAGRAPH NO._____1_______

Contractor-Supplied Parts

New Flyer requests approval that we will utilize our own parts warehouses throughout the United States including the warehouse located in Kentucky & Fresno to ship parts quickly as possible to support it's warranty obligations. This will be provided in lieu of stocking spare parts at a service center in Houston.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.14.3_ PAGE NO.__193__ __ PARAGRAPH NO._____2_______

Defective Parts Return

New Flyer requests approval for all failed components to be returned within 45 days from the date of failure in order for the warranty claim to be considered valid. Materials must be clearly identified and returned with required documentation via designated shipping method and New Flyer will cover the costs of freight.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO._118__________________ DATE___October 17, 2017_______________________

SECTION_ 4.1.14.4_ PAGE NO.___193 __ PARAGRAPH NO.__1/2__________

Reimbursement for Labor

New Flyer requests approval for labor hours to be determined using New Flyers Standard Repair Time Manual attached. If the labor hours for a particular repair are not listed in the Manual, the labor hours will be negotiated between METROs and New Flyers Regional Product Support Manager RPSM. New Flyer would like to clarify that reimbursement shall not include diagnostic troubleshooting time and that the warranty labor adjustment for each year shall not exceed the Producer Price Index 1413 Truck and Bus Bodies for that year.

New Flyer will agree to cover reasonable towing costs for the complete bus warranty period as specified in section 4.1.2. New Flyer asks for this limitation due to towing is a non-recoverable expense.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.14.4_ PAGE NO.__193_ __ PARAGRAPH NO._____3_______


New Flyer will agree to cover reasonable towing costs for the complete bus warranty period as specified in section 4.1.2. New Flyer asks for this limitation due to towing is a non-recoverable expense.

In addition, New Flyer would like to clarify that not all reimbursement for labor shall be included after the 2 year/100,000 mile base bus warranty as some supplier warranties do not cover this.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.1.14.4 _ PAGE NO.__193____ __ PARAGRAPH NO.____4________


New Flyer requests approval to pay all valid warranty claims within sixty (60) days of receipt of the failed components.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








Reimbursement for Parts

New Flyer agrees to reimburse the property for parts at the current published price plus taxes and handling for the complete bus warranty period as specified in section 4.1.2, however, New Flyer requests that the handling costs are capped at $100/claim. New Flyer requests this cap so we can accurately predict the cost impact during the bid process.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.___122_____________ DATE___October 17, 2017_______________________

SECTION_ 4.2.2_ PAGE NO.__195-202____ __ PARAGRAPH NO.___all_________

Data Processing (entire section)

New Flyer requests approval for METRO to use New Flyers easy to use iWarranty system. With New Flyers easy to use warranty system METRO can submit warranty claims online. When required METRO can process bus down parts through iWarranty and coordinate shipments of parts to the requested location. New Flyer will reimburse METRO for parts and labor within 60 sixty days of receipt of an approved warranty claim. Other additional benefits of New Flyers iWarranty system include

Instant access to an electronic copy of your warranty

Self-service reporting capabilities, run standard reports or build your own custom reports

Tracking of warranty claims on a bus-by-bus basis

Visibility into the date your claims were paid along with the check number

Status updates on parts requests

Online maintenance of your warranty account information

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.__123_______________ DATE___October 17, 2017_______________________


Bus Master File

New Flyer advises that it does not record the serial number for

engine control system.

radio or GPS system.

air compressor.

brake booster.

differential.

auxiliary modules.

New Flyer requests approval to delete this requirement.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_ 4.3 _ PAGE NO.__199____ __ PARAGRAPH NO.____1________

Illustrated Parts Catalog Master Parts File

New Flyer requests approval for The Parts Manual Listing or any other listing required will display most info in the METRO example with the following exceptions:

1. Qty - can only be one of the following; a number value, "M/B" (minimum buy) or "A/R" (as required)

2. UOM - can only be "EA" (each)

3. Item - can only be either a numeric value or "KIT"

4. Description - can only be provided in initial caps

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager






RFA NO.___125______________ DATE___October 17, 2017_______________________

SECTION_4.3 _ PAGE NO.__200____ __ PARAGRAPH NO.______3______

Illustrated Parts Catalog Master Parts File

New Flyer requests approval to provide the Parts Manual illustrations in SVG or PDF file format.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_4.4 _ PAGE NO.___201___ __ PARAGRAPH NO.___1________

Publications Software

New Flyer requests approval to provide OEM parts and maintenance manuals in PDF format on DVD as made available to New Flyer. Some Manuals such as Cummins Engine Troubleshooting and maintenance manuals are only available on a separate Cummins published CD and are included at the back of each of their hard copy manuals.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_4.5 _ PAGE NO.__202____ __ PARAGRAPH NO.____1________

Parts Information

New Flyer provides a revision service only to the New Flyer published Bus Manuals. The revisions will be provided for a period of 12 years after the issue of the final build specific bus Parts Manual. Revisions are supplied either by a Parts Manual Bulletins in PDF format via email or revised pages and DVDs depending on the urgency and scope of each issue. New Flyer requests approval.

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager








Parts Information

New Flyer request approval for Parts Manuals that only contain the following indices:

1. By New Flyer Part Number

2. By New Flyer Part Description

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________


COMMENTS: Cross reference parts manual shall be provided in a separate file.

APPROVED BY: DATE:


Project Manager








Parts Information

New Flyer published Bus Parts Manuals cannot contain pricing information. A separate parts pricing list file will be supplied for this purpose via the New Flyer Parts account manager. New Flyer requests approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_7.1 _ PAGE NO.__227/228____ __ PARAGRAPH NO.___all_________

Manuals and Parts lists Requirements

New Flyer published Bus technical manuals and OEM component supplier published manuals are copyright protected. New Flyer published bus manuals can be supplied in an unsecured PDF file format for Houston Metro internal uses only. OEM Component Supplier published Manuals all have their own copyright regulations that must be followed by the end user. New Flyer has no authority to release the customer from those obligations. New Flyer requests approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_7.1 _ PAGE NO.___229___ __ PARAGRAPH NO.___4_________

Manuals and Parts lists Requirements

New Flyer published Bus technical manuals and OEM component supplier published manuals are copyright protected. New Flyer published bus manuals can be supplied in an unsecured PDF file format for Houston Metro internal uses only. OEM Component Supplier published Manuals all have their own copyright regulations that must be followed by the end user. New Flyer has no authority to release the customer from those obligations. New Flyer Requests Approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_7.2 _ PAGE NO.__229____ __ PARAGRAPH NO._____1_______

Standards and Formats of Manuals

New Flyer published Bus Manuals will follow most of these requirements. OEM component supplier published manuals do not follow all requirements, they can only be purchased and supplied "as is". New Flyer Requests Approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_7.2 _ PAGE NO.__229____ __ PARAGRAPH NO.___1_________

Standards and Formats of Manuals

New Flyer Published Bus Manuals are build specific. If changes in the bus technical configuration between two builds are very minimal then the differences between them will be noted where it is affected and not as a complete supplement at the end of the manual. If the differences exceed the threshold of differences then a new manual will be published and include only information on the affected bus build. New Flyer Requests Approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION_7.3 _ PAGE NO.__230____ __ PARAGRAPH NO._____1_______

Maintenance Manuals

New Flyer published bus Service Manuals do not include electrical, air or hydraulic system schematics. These are supplied in a separate publications called the Vehicle Systems Drawings Manual. New Flyer Requests Approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION 7.3_ _ PAGE NO.___230___ __ PARAGRAPH NO.___6_________

Maintenance Manuals

New Flyer published bus Service Manuals do not include Body and structural information and material specifications for major accident repairs. New Flyer considers this as proprietary information. If information is required to perform rework due to major accident, New Flyer Technical Services group will assist with the appropriate information required to properly restore the bus. New Flyer Requests Approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager







SECTION 7.8_ _ PAGE NO.___233___ __ PARAGRAPH NO.___1_________

Revisions

New Flyer provides a revision service only to the New Flyer published Bus Manuals. This does not include any OEM component supplier published manual.

The revisions will be provided for a period of 12 years after the issue of the final build specific bus Parts Manual. All other New Flyer published bus manuals will receive updates for a period of 6 years. Revisions are supplied either by a Parts Manual Bulletin or revised pages depending on the urgency of the issue. New Flyer Requests Approval

METRO'S RESPONSE:



COMMENTS:

APPROVED BY: DATE:


Project Manager

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