2 Broadway Thomas F. Prendergast New York, NY 10004 President

D New York City Transit

March 11,2013

ADDENDUM #2 Purchase of 690 Low Floor 40-foot Clean Diesel Buses

Contract# B40656 RFQ ID# 0000045375

TO PROSPECTIVE PROPOSERS:

You are hereby notified that the Closing Date (date all proposals are due) has been changed from March 13,2013 to March 27, 2013.

This Addendum contains a list of corrections and updates to the RFP documents and responses to inquiries which have been received from prospective Proposers. You are advised to carefully review the changes made by this Addendum and the revised Contract pages which are attached.

In addition, Proposers are reminded that the Authority is soliciting from each Proposer one (l) proposal that fully complies with all requirements contained in the RFP package. The Authority also encourages Proposers to submit Alternate Proposals which address the Authority's requirements. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the RFP package, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply.

Changes to Attachments

1. The Table of Contents has been updated and replaced in its entirety.

2. The Overview of Proposal Procedures has been replaced in its entirety. The following sections have been updated:

a. Paragraph 1 - Introduction has been revised.

b. Paragraph 2 - Pertinent Dates has been revised.

c. Paragraph 13 - Proposal Submission Requirements has been revised..

d. Paragraph 20 - Proposal Evaluation

MTA New York City Transit is an agency of the Metropolitan Transportation Authority, State of New York

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i. Subparagraph A(1) has been revised.

ii. Subparagraph B(2) has been revised.

3. Attachment CC – Sample of current EEO-1 form has been added.

4. Attachment DD - Standard Guidelines for Delivering Capital Spares into the Storeroom has been added.

5. Attachment W – Price Proposal

a. Page 2 of 5, the heading (“Base Proposal Pricing”) has been added to the table at the top of this page.

b. Page 2 of 5, Item #24 (“Standard Long Life Headlights”) has been added to the Base

Proposal Pricing table. c. Page 2 of 5, a new section has been added to this page entitled and “Alternate Proposal

Pricing” which contains a paragraph which reads “In addition the Authority is interested in receiving pricing for the following item(s) in lieu of the item(s) specified in the Technical Specifications” and a table which contains 1 item “LED Headlights.”

6. Attachment Z – Price Build-up Form - Page 2 of 3, Item 9.0 has been amended to read

Driver’s Area and Items 9.1 (“Driver’s seat”) and 9.2 (“Driver’s barrier”) have been added. 7. The Terms & Conditions has been replaced in its entirety and the following Articles have

been updated:

a. Article 3 – Project Description Paragraph A – “(the “Base Order”)” has been deleted.

b. Article 10 - Specific Guarantees/Warranties Paragraph B.4. has been revised.

c. Article 19A – Schedule of Deliverables has been revised.

d. Article 28 – Spare Parts has been added. 8. Schedule A - Insurance Requirements dated 7/12 has been replaced in its entirety. Please use

Schedule A dated 3/13 enclosed in this Addendum.

9. A detailed list of all the changes made to the Technical Specifications is included in pages 149 through 156 of the attached Technical Specifications dated March 2013.

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Responses to Proposers’ Questions/Clarifications/Requests 10. Overview and Proposal Procedures 3. General Instructions

As this is a Negotiated RFP, Proposer may consider certain of the RFP Terms and Conditions too constraining and may propose alternative wording in its base proposal submittal. Should this be case, will the Authority consider Proposer`s base proposal as a disregard of the requirements and subsequently reject such base proposal for further evaluation. We fully understand the Authority seeks proposals based upon the work, the Terms and Conditions and the Technical Specifications set forth in the RFP, and, does encourage alternative proposals. However, there may be certain conditions, provisions or terms which from a prudent business practice require revisions thereof.

This is a competitively negotiated RFP. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the RFP package, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 11. Contract Terms and Conditions

Is there a validity period for the proposal? No. This is not a Bid; this is a competitively negotiated RFP. Proposers which are asked to provide BAFOs will be notified of their BAFO’s validity period at the time the BAFO request is made. 12. Contract Terms and Conditions Article 6 Paragraph G

Please provide criteria which will be used by the Authority in its determination that ``it is satisfied that the Contractor has in place the required resources, trained personnel and information system for it and its Major Suppliers listed in the Attachment E – Major System Suppliers to ensure prompt repairs of defects and timely submission of required information so the Authority may evaluate the root cause of defects.``

The Proposer shall provide comprehensive documentation in its Proposal that details its resources, trained personnel, and information system(s). The Authority will evaluate the information presented and make an assessment of the Proposer's ability to comply with the Contract requirements.

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13. Contract Terms and Conditions Article 3D

Will the Authority consider cost increases should the associated design changes result in life cycle cost benefits?

Yes. The goal of this process is to reduce costs; however, the Authority will consider appropriate increased cost for a product with known life cycle benefits. Any changes will be handled through the Authority’s contract modification process. 14. Contract Terms and Conditions Schedule A – Insurance Paragraph B

Proposer advises the Authority that policies are written such that notice of cancellation and non-renewal are provided, but not ``material changes``. In addition, Certificates of Insurance (COI`s) cannot be issued prior to a policy renewal, but they are systematically done shortly thereafter. Please note that a deductible of $500K in lieu of $100K is carried by the Proposer.

All Proposers are advised that the Authority will not enter into a contract with an insurance company for the provision of buses. Any vendor that enters into a contract with the Authority is required to advise the Authority of any “material changes” to its insurance policies for the full duration of the Contract as per Schedule A Paragraph B subparagraph (iv). Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes Schedule A – Insurance Requirements as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in Schedule A, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 15. Contract Terms and Conditions Schedule A – Insurance Paragraph C

Proposer does not provide copies of insurance policies as these are maintained by the corporate offices for global operations.

An original signed and notarized New York City Transit Certificate of Insurance (See Schedule A – Insurance Requirements for the template) must be provided and approved by the Authority prior to award of any contract with the Authority.

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16. Contract Terms and Conditions Forms

"There are a number of certificates that require a Notary Public’s signature. Our intent is to have these forms signed by a Commissioner of Oaths to facilitate the expedition of these forms. We respectfully request your agreement. For your convenience, we have attached the role and limitations of the Commissioner of Oaths, as per the Justice Department which will bear evidence to the effective validity of the role of the Commissioner of Oaths, as a person able to attest to the executor of the documents in question. Finally, there is no cost involved to have a Commissioner of Oaths signing the forms while there would be higher fees and delays associated with a Notary Public.

The signature of a Commissioner of Oaths is an acceptable substitution for a Notary Public’s signature. Please make sure to include documentation that can be used to verify the commissioner’s appointment, term of office and commission number. 17. Contract Terms and Conditions Attachment Z Price Build-up form, Attachment W page 2

of 5 and Attachment N pricing column

The requested pricing information that shall be subject to the inspection and audit includes information that is commercially sensitive. Typically, such pricing and costing details are provided only in negotiating sole-source non-competitive contracts which is not applicable to this RFP. Proposer considers the submittal of this information not to be reasonable.

Attachments N, W and Z must be completed in their entirety and included as part of each Proposal. Proposers are permitted to mark page 2 of Attachment W and Attachment Z in its entirety as “Confidential.” However, Proposers are not permitted to mark Attachment N “Confidential.” 18. Contract Terms and Conditions Article 11 Fleet Defect item A

As per the guidelines established by APTA, we request that fleet defect to be defined as a cumulative failure of twenty-five percent (25%) of the same components in the same or similar application. The balance of the paragraph shall remain the same. Should NYCT first delivered 16 buses, maintaining 10% will allow NYCT to declare a fleet defect for one (1) defective element. In addition, some suppliers that are required in the RFP refuse to participate to the fleet defect clause imposing the risk and financial responsibility upon the bus manufacturer. We request that the fleet defect failure be changed from ten (10) percent to twenty-five (25) percent.

Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes Article 11 – Fleet Defect as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in Article 11, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply.

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In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 19. Contract Terms and Conditions Article 7 – Liquidated damages

The timely performance of the work by the Contractor is of utmost importance to ensure successful completion of the deliveries stipulated in the Contract. Nonetheless, an unlimited liability obligation creates a severe restriction on our ability to disclose financial provision in accordance with Securities Exchange requirements. Hence, the Contractor considers that liquidated damages should be an assessment of direct damages suffered by NYCT, and, in addition be a mechanism to dissuade poor performance. We request approval to limit the liquidated damages to be capped on a per bus basis at 1% of the value of the bus price.

Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes Article 7 – Liquidated Damages as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in Article 7, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 20. Contract Terms and Conditions Attachment W Price Proposal - Class C Training

OEM and Proposer training cost may vary from supplier to supplier, according to the duration of the class, its size, level of expertise required and more. Consequently, the current daily pricing format brings manufacturer to provide a variable pricing among manufacturer with different exceptions, limits, etc. We suggest a more detailed approach to be considered instead of a daily price.

Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes Attachment W – Price Proposal as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in Attachment W, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance.

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21. Contract Terms and Conditions Schedule K Opportunities for Minority and Women-Owned

Business Enterprises

The respective goals are 10% MBE and 10% WMBE. In the heavy-duty transit bus manufacturing industry, several major bus components are obtained from a limited group of suppliers and in certain cases the supply is dependent upon a single supplier, in order to meet the customer specifications within a contract, or, is certified to industry requirements and standards. In other cases, such as the supply of transmissions, axles, heating and air conditioning units and fiberglass and structural steel tubing, XXXXXX`s raw materials and components are not readily available from alternative sources of supply. These components and corresponding technologies are proprietary to each supplier, and, in most instances resourcing is quite often impossible as these items are manufactured by multi-national organizations and not by disadvantaged business enterprises. Furthermore, resourcing of components and raw materials significantly increases risks related to the business of Proposer and overall quality and reliability of the bus. Taking into consideration the commitment of Proposer and its management to focus on MBE and WBE for New York, we estimate Proposer will reach an aggregate total of XX% of the total Contract price attributable to MWBE in New York State.

Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes Schedule K - Opportunities for Minority and Women-Owned Business Enterprises as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in Schedule K, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 22. Technical Specifications 2.7.3

All interior access panels that could cause injury to a driver or a passenger when inadvertently opening must be provided with 3 levels of a retaining protection. This may include latches, lanyards and dampers Request: Please confirm that two (2) independent latches plus one (1) safety hook is considered ``three (3) levels of retaining protection``?

No. The proposed configuration is not acceptable. The Authority requires three (3) different levels of retaining protection. These may include, but are not limited to latches, hooks, dampers and lanyards. 23. Technical Specifications 2.4.1 Structure

Undercoating shall be applied per manufacturer’s specifications to the entire structure of the bus, inside and out.

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Request: For stainless steel structure, we request NYCT acceptance to provide undercoating to be applied below the window lower rim on the outside and on the subfloor structure as an approved equivalent to the technical specifications for the evaluation of the proposal.

In the case of a Bus with a stainless steel structure, the proposed undercoating application would be considered an acceptable approach to corrosion protection. Proposer should provide details of the proposed system in the Technical Proposal. 24. Technical Specifications 4.3

Bulbs shall be long-life LED type and be replaceable without the necessity to remove dash panels. Bulbs shall be replaceable from the driver’s side of the panel. For panel lighting, conductive phosphor lighting is acceptable. Request: Based on current product performance, the incandescent side console light has been considered satisfactory. Please confirm NYCT acceptance as an approved equal.

No. Incandescent lights are not equivalent to long-life LED bulbs. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 25. Technical Specifications 16.0

"The ramp shall be electrically powered and have a demonstrated in service history of high reliability." Request: In order to avoid misunderstanding, please confirm that a ramp utilizing an electric pump to provide hydraulic pressure to deployment mechanism is considered as 'electrically powered'.

No. A ramp utilizing an electric pump to provide hydraulic pressure to the deployment mechanism is considered a hydraulic ramp. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written.

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In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 26. Technical Specifications 1.0

"The bus builder shall provide and install a permanent plaque indicating the height of the bus in feet and inches" Request: Please clarify that decals are considered as permanent plaque.

No. Decals are not considered a permanent plaque. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 27. Technical Specifications 1.4

Ambient Temperature: The temperature of the surrounding air. For testing purposes, ambient temperature must be between 16 °C (50 °F) and 38 °C (100 °F). Request: The ambient temperature definition is not the same throughout the specification (see section 1.4 and 1.17.7). Please confirm NYCT requirements.

Section 1.4 of the Technical Specifications refers to an ambient temperature to conduct a test that is not otherwise specified. Section 1.17.7 is referring to the operating environment that is prevailing in the New York City environment. 28. Technical Specifications 1.16

Head Room Over Aisle 76.2 inches minimum Request: As per the Standard Bus Procurement Guidelines developed by APTA and the FTA, we request the headroom above the aisle and at the centerline of the aisle seats to be no less

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than 78 in. in the forward half of the bus tapering to no less than 74 in. Please confirm your acceptance.

The Authority desires to receive the maximum headroom possible. Please provide details of the proposed system in the Technical Proposal. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 29. Technical Specifications 1.13.1

"A sample of buses will be evaluated from the contract during early in-service operation. The goal of this evaluation is to confirm that the bus is configured to attain the fuel economy expected based on the results from evaluation fleet and the supplied configuration. Significant discrepancies are to be investigated and addressed to confirm proper configuration and set up of all systems to maximize fuel economy." The last sentence should read as follows: 'Significant discrepancies are to be investigated and addressed to confirm proper configuration and set up of all systems to meet the fuel economy requirement'. Please confirm your acceptance. Request: Proposer has attempted to fully grasp the intent of this particular specification but to no avail. There is ambiguity as to the written text which in our opinion fails to specify a measurable performance. The evaluation fleet bus propulsion configuration will be different to the one proposed due mainly in part to the engine which will comply to the new EPA emissions requirement. Furthermore, any significant differences between the two bus configurations may surely and easily be identifiable but not addressable in respect to component, systems or bus redesign or modification. Proposer has complied to the requirement of ``The operating range of the bus when run on the Altoona (ADB) Test Cycle shall be at least 350 miles with full fuel capacity.`` which we consider to be the measurable performance indicator for fuel consumption. Please clarify that 1.13.1 is identical to the requirements of 350 miles with fuel capacity of 123 U.S. gallons.

The intent of this requirement is to confirm that all aspects of the engine, transmission, brake system, and final drive are configured to have the best approaches to fuel economy operating properly and in conformance with the expectations of the suppliers, bus builder, and NYCT. The Technical Specifications will not be revised.

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30. Technical Specifications 1.16

Rear door opening, between hardware and assists 30 inches minimum Request: We request NYCT to consider a 25 inches between handles at the rear door as an approved equivalent to the specification requirements for the evaluation of the proposal.

The 30 inches minimum requirement remains. The Technical Specifications will not be revised. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 31. Technical Specifications 2.5.4

Towing devices (eyes/hooks) shall be provided on each end of the bus. The use of tow blocks is prohibited Request: We are proposing front tow eyes and a rear anchoring plate for recovery purposes. We request this combination to be considered as an approved equivalent to the specification requirements for the evaluation of the proposal.

This combination is an approved equivalent. The Technical Specifications have been updated to read, "Towing devices (either eyes, hooks, or receptacle for commercially available adapters) shall be provided on each end of the bus." 32. Technical Specifications 8.0

Rear doors shall be equipped with a solid-state logic controlled interlock system. Request: To avoid misunderstanding, please provide definition of Solid-State.

In this context, solid-state logic controlled indicates controlled by the multiplex or programmable logic controller (PLC). 33. Technical Specifications 8.1

The DCM and door operation assembly (baseplate) shall be direct wired by an unbroken harness to each other.

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Request: We are proposing to use multiplex system as DCM; therefore main control module cannot be directly wired to baseplate. Please confirm your acceptance.

The intent is to eliminate connectors and possible failure points between the controller and the door baseplate. Please provide details of the proposed system in the Technical Proposal. 34. Technical Specifications 2.7.14.2

Chrome yellow band no less than 2.5'' for step coverings Request: Please provide clarification on 'Chrome yellow'

This would be bright yellow, highly visible. Please provide details of the proposed color in the Technical Proposal. 35. Technical Specifications 11.9

This light shall be mounted on the bus exterior aft of the #2 door and forward of the front wheel well and shall be mounted approximately 55 to 41 inches off the ground when the bus is at normal ride height. Request: Our design incorporates a 2.5 inch round diameter amber warning kneeling light forward of the front door. Please confirm this location to be considered as an approved equivalent to the specification requirements for the evaluation of the proposal.

The kneeling light can be located either forward or aft of the front door. The Technical Specifications have been updated. 36. Technical Specifications 15.2

Rear destination sign to be 15 x 48 Request: We request your approval for a 16"x48" rear destination sign as an approved equivalent to the specification requirements for the evaluation of the proposal.

The minimum requirement for the rear sign is 15" x 48". However, Appendix A - Section 25 (40ft Diesel Recommended Sources) indicates that the 16" x 48" rear sign is acceptable. 37. Technical Specifications 16.3

A separate lockable compartment shall be provided near the wheelchair parking locations for the purpose of storing the scooter belts. The lock shall accept key code #0C00. Request: Our current location is in compartment on the dash. Please confirm that current location is acceptable and fulfill this requirement.

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This location is acceptable. The Technical Specifications have been updated to indicate the location as being "near the driver". 38. Technical Specifications 17.8 Child height marker

We request your approval to provide a tape instead of the knurled pipe as an approved equivalent to the specification requirements for the evaluation of the proposal.

No. The Authority requires a knurled pipe. 39. Appendix C2 6.3

Compatibility- Each Bus Camera System must be able to communicate with network that is compatible with one of the communication standards- SAE J1587/J1708/J1939. Request: This requirement describes a connection between the Interlogix DVR and the Clever Devices IVN. To our understanding and from the supplier information, NYCT does not integrate any communication between the two devices today. Please confirm that the communication is required on new buses.

This requirement should be removed. The Appendix C2 to the Technical Specifications has been updated. 40. Appendix C2

There is no specific DVR events listed to be carried over to the IVS. The DVR status is already provided with a health report uploaded to the MTA IT center with video information. Request: Does NYCT have a list of events to be carried over the comm link to IVS?

No. 41. Appendix C1,C2,C3

WiFi devices are currently available from the IVS system (band a), the DVR, the destination sign vendor (other bands). Each vendor uses its own connection separately today. The UTC MTR device also provides 4 RJ45 Ethernet ports, and a WiMax connection. Only one RJ45 port is used currently. Request: Does NYCT have a view of how to group the Wi Fi clients through a specific interface, i.e. the IVS WiFi, the Video WiFi, or the Destination sign WiFi?

No. The UTC MTR currently uses 2 RJ45 ports and the other 2 ports are not used. 42. Appendix C2 7.2.1

"The following requirement states that integration of the bus equipment and the Depot Server is required. CAM-166 • Testing integration of on bus equipment with depot server. UTC"

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We interpret this requirement as the need to demonstrate the connectivity and functionality of ONE vehicle with the Depot Server equipment, in an environment with controlled wireless traffic. We are not responsible for the Depot infrastructure and its inability to handle a large number of vehicles simultaneously. Please confirm.

The system is required to be able to communicate reliably with depot servers that are installed in Authority bus depots. All wireless networks will utilize wireless WiMax 802.16d technology. Wireless communication consists of quick system health checks upon connecting to the depot server. Large video files are uploaded individually in a controlled manner. Each vehicle must be demonstrated separately at the depot for communication verification. 43. Appendix C2 7.2.1

"Accessing the vehicle from a nearby client, outside of the garage area. CAM-167 • Testing Emergency Wireless ""look in" functionality. UTC Request: We expect a normal Wi-Fi connection to the vehicle, without a large amount of WiFi traffic being experienced simultaneously. Please confirm.

A secured Wi-Fi connection is acceptable. 44. Appendix C1 2.0

Cellular modem and Ethernet networking: A cellular modem will be installed to support vehicle localization and other functions.

IVS-10 The onboard system is the key element of the IVS system and will consist of the following components: Controller, Mounting Bracket, Bus Interface Harness, Multi-Band Roof-Mount Antenna (used for Wireless LAN, Cellular Communication and GPS}, Wireless LAN Antenna Cable and GPS Antenna Cable. Clever Devices. Request: We request further information on this system: Is the modem type identified? Does it support GPS acquisition and distribution? Does it provide DHCP? Does it provide multiple RJ45 ports? Please clarify.

No modem is required. 45. Appendix C1,C2,C3

It is stated that all devices should share equipment as much as possible, within the vehicle. This means a proper Ethernet network must be provided within the vehicle, to allow all devices to share the communication infrastructure. Request: Does MTA have an addressing plan and strategy for addressing within the vehicle (LAN side), and from the vehicle to the cellular, WiMax and WiFi network (WAN side). This information will be useful in assessing possible savings.

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At this time there is no requirement for an Ethernet network on the bus and no addressing plan in place. 46. Appendix C1 1.0

IVS shall be integrated with the onboard microprocessor controlled systems and with the NYCT Wireless and Ethernet LAN to create a fully intelligent vehicle that will increase vehicle performance, optimize fleet utilization, and increase operational efficiency. Request: Is it expected to connect the vehicle via a LAN cabled connection inside the garage, rather than always use the wireless networks available (WiMax, WiFi, Cellular)?

No. The IVS will always connect to the Depot Server wirelessly. At this time there is no requirement for an Ethernet network on the bus 47. Technical Specifications 2.7.3

All interior access doors shall have hinges which are mechanically fastened to the bus with appropriate hardware i.e.: rivets, bolts, etc Request: Based on current product performance, we request to provide a glued hinge for the IB panel door. Please accept this requirement as an approved equal.

No. This requirement for the hinges to be mechanically fastened to the bus with rivets, bolts, etc., applies to both sides of the hinge (hinge connection to the bus, and hinge connection to the access door). Both interior and exterior access doors must meet this requirement. The Technical Specifications have been updated for clarification. 48. Technical Specifications 3.9

An easily visible air inlet restriction gauge shall be provided in the engine compartment by the rear engine run box. Request: As per previously delivered buses, XXXXXX would like to propose that the verification of the restriction in the air intake system be done with the use of an Air filter minder with a mechanical indicator and electronic switch (linked to Clever Device) instead of the required coupler.

The verification of the restriction in the air intake system is to be done with an air filter minder with a mechanical indicator and electronic switch (linked to the IVS) instead of the coupler. The Technical Specifications have been updated to delete the requirement for the coupler and the protective cap.

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49. Technical Specifications 8.1

Controlled stop is defined as: above 2 MPH, only 20 PSI brake is applied; below 2 MPH, 40 PSI brakes are applied. Request: We request our current set up is 33 psi above 2MPH and 50 PSI below 2MPH to be considered as an approved equivalent to the specification requirements for the evaluation of the proposal.

The Proposer's request is approved. The Technical Specifications have been updated to reflect 33 PSI above 2 MPH and 50 PSI below 2 MPH. 50. Technical Specifications 3.8.1

A telltale light in the driver's dashboard shall be provided to indicate starter lockout. The light shall be illuminated when starter is locked out. Request: We are proposing a light on the lateral console, near the starter button adequately labeled to be considered as an approved equivalent to the specification requirements for the evaluation of the proposal. A light on the lateral console is not acceptable. The Technical Specifications have been updated to allow for either a telltale light or a message display on the driver's console. 51. Technical Specifications 5.3

The box shall be located as close to the driver as possible and have a 1.5 cubic foot minimum capacity. Request: As per previously provided vehicles, please confirm that a 0.7 cubic foot box be considered as an approved equivalent to the specification requirements for the evaluation of the proposal.

Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance.

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52. Technical Specifications 2.9.5 DOOR GLAZING

Both front and rear doors shall have a full one-piece design glazing on each panel of the door." Request: We intend to offer slide-glide Vapor door. The proposed door panels are glazed in a 2 piece, 2/3 1/3 glazing configuration, with center crossmember located 2/3 of the way down from the top of each door panel. This design does not affect in any way the drivers nor the passengers vision and has been provided on previous vehicles to NYCT. We request our door panel to be considered as an approved equivalent to the technical specifications.

NYCT intent is to utilize a strap-hinge arrangement for the slide-glide door. The Technical Specifications have been updated to include this requirement. The Proposer must submit details with the Technical Proposal. 53. Technical Specifications 4.3.1 SPEEDOMETER

The instrument panel shall include a speedometer indicating 0-80 mph in 5-mph increments. Request: The instrument panel includes a speedometer indicating 75 mph, calibrated in increments of 5 mph (line) and 10 mph (numbers). We request our speedometer to be considered as an approved equivalent to the technical specifications for the evaluation of the proposal.

A speedometer indicating 0-75 mph in 5-mph increments is acceptable. The Technical Specifications have been updated to allow for either a 0-80 mph or 0-75 mph speedometer in 5-mph increments. 54. Technical Specifications 12.13.1

Wiring shall meet specification…..GXL Request: We request NYCT acceptance to provide SXL wiring for the door system.

SXL wiring is acceptable for the door system. SXL is acceptable throughout the bus. The Technical Specifications have been updated. 55. Technical Specifications 12.13.1

Wiring shall be….and/or color coded full length Request: XXXXXX's wiring is white in color. Each end of wire contains a tube ring with identification stamped. Please confirm your acceptance.

This is acceptable.

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56. Contract Terms and Conditions Article 10

Please confirm that extended warranties as described in subsection B are to be included our base bus price.

Yes. The extended warranties as described in Article 10 Paragraph B should be included in the Unit Price for each bus. A detailed breakdown of the pricing associated with each of the warranties must be provided as part of the Proposal using Attachment N – Extended Warranty Coverage Matrix. 57. Technical Specifications 17.11.1

Drawings are sensitive information. We understand that NYCT will make every effort to protect these documents. However, in a project such as this one, with several suppliers providing confidential information to Proposer, and Proposers themselves producing intellectual property that must be protected. NYCT surely understands the importance of Intellectual Property in a form of intangible personal property, which must be carefully distinguished from the tangible/physical items or products that include or “embody” that Intellectual Property. The drawings requested contain some but not necessarily all the Intellectual Property either owned by the Contractor or its suppliers. A developer’s Intellectual Property rights ensure that the developer has the exclusive right to exploit his or her innovation commercially and financially, with the understanding that the technology must be embodied in products or services that will ensure a return on the investment. XXXXXX agrees to supply NYCT with the latest revision of any drawings or chart listing model, part description, style or similar identification on specifically designed and proprietary items for NYCT vehicles. We request your approval."

The Authority understands the sensitivity of this information; however, the Authority believes that this level of detail is needed to maintain and adapt the bus throughout the 12-year life cycle. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance.

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58. Technical Specifications 3.10.4 RADIATOR

Since the radiator is compliant to the salt spray 1000 hour test without the e-coating, please confirm that Proposer can provide the radiator without the e-coating and still be compliant to the technical specifications.

No. The requirements for the 1000-hr salt spray test and e-coat remain. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 59. Contract Terms and Conditions ARTICLE 1

Please provide further clarification to the definitions of Subcontractor and Supplier. As an example, Clever Devices is identified as the company to supply the IVS. Would the Authority consider Clever Devices to be a Subcontractor or a Supplier.

Under the definitions contained in the Terms & Conditions, Clever Devices is considered a Subcontractor as it will be providing “labor and materials … in connection with the Work directly or indirectly for or on behalf of the Contractor. It should be noted that for the purposes of the completion of the Schedule J, a subcontractor would be a person or entity with which the prime contractor has “a subcontract for the provision of goods, services or construction valued at $1 million or more…” Therefore, Proposers are required to submit Schedule Js for all entities providing $1 million or more in goods or services or combination of goods and services towards the fulfillment of this Contract. 60. Contract Terms and Conditions 7. Article 19A – Schedule of Deliverables

Item 14 Software Licensing (Engine, transmission & Multiplex)" 12-year uninterrupted software agreement for 2 computer -for Engine Transmission and Multiplex system Article 19A In this section Software Licensing, we request your confirmation that should a new version of software become available (in the next 12 years) by a subsystem which is included in our proposal, we are under the obligation to provide the software without additional cost. However, should a new hardware be necessary to operate the new software, it would be above and beyond our expertise and consequently could not be responsible for the cost of the hardware upgrade.

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In the event new hardware is required, the Contractor will not be obligated to supply it. 61. Contract Terms and Conditions 7. Article 19A – Schedule of Deliverables

We wish to obtain confirmation that no laptop is required in this bus procurement. No laptops are required for this procurement. 62. Contract Terms and Conditions 7. Article 19A – Schedule of Deliverables

Item 14 Software Licensing (Engine, transmission & Multiplex) 12-year uninterrupted software agreement for 2 computer Engine and transmission suppliers do not offer a 12 year software agreement. Pricing will vary and so can technology. We request the authorization to review the pricing on the software at renewal time and flowdown to NYCT the price difference. Included in the base price will be the 2013 license pricing for 12 years. Please confirm your acceptance to provide each year the new pricing for price adjustment.

No. the Authority will not agree to unknown future price adjustments. Article 19A Item 14 has been revised to be twenty four (24) 1-year license keys for each of the three (3) systems which must be valid for activation through and including one (1) year after the date the last Bus is Accepted. The license keys must be provided within 270 days of the Acceptance of the first Bus. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 63. Technical Specifications Appendix A section 18 40ft Diesel Tumbler Card Holder and

Mounting Provisions

Appendix does not reflect layout of LFS; please confirm that tumbler card holder provided on existing NYCT LFS fleet is acceptable.

Yes. Alternative design previously provided is acceptable. 64. Technical Specifications 3.10.4 Radiator

The ISO 72411-1 B series quick disconnect can be added on the coolant lines or on the surge tank. Please clarify the required location.

The quick disconnect should be at a location and height convenient for a mechanic to access from floor level. This could also be at the fill port depending on the location. The Technical Specifications have been updated.

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65. Technical Specifications Appendix A Section 20

We have a different water test system in place. We have built a water test room that complies with the Standard Bus Procurement Guideline and has shown reliability. The nozzles eject a volume of water of 2.9 gallons per minute per nozzle under a pressure of 18 more or less 3 PSI per minute measured at the nozzle tip. The test is performed once the bus is completed and therefore, all windows, doors are in place. However, we leave all access panels and baselights open in order to check for any leakage. The 4 wheel well area is also tested by 6 independent nozzles each providing 0.25 GPM at 40 PSI. Our water test parameters has shown sufficient performance on previous deliveries. We request our water test methodology be granted as approved equal.

The Technical Specifications call for a rigorous water test. Previously accepted water test processes should be acceptable barring identification of leaks in service that were not identified during the water test. Proposer should provide details of its testing process as part of its Technical Proposal. 66. Technical Specifications 1.1 Responsibility For Design /

Appendix A section 11 Proposer relies upon each and every one of the individual suppliers to provide and confirm the life expectancy of their components or systems. Unfortunately, we have not received to date such information which will permit Proposer to submit to the Authority the life expectancy of the suppliers` respective components or systems.

Life expectancy data must be provided as per the specification. 67. Technical Specifications Section 2.12.5.1

We request your confirmation that, in section 2.12.5.1, the clear pane requirement is applicable only to the first curb side upper fixed.

The Technical Specifications have been revised to indicate that the clear pane requirement refers to the curbside upper fixed window where the side destination sign is mounted. 68. Technical Specifications Section 2.12.5.1

We request NYCT confirm that, in section 2.12.5.1, the protective liner is not required when a permanent hardened protective layer which is incorporated into the glazing.

Yes, this is confirmed. The Technical Specifications have been updated to remove reference to protective liner.

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69. Overview and Proposal Procedures 15. Contents of Proposal

Is NYCT expecting a different binder for the technical response? In which section should Proposer provide the Appendix A section 17 Vehicle Technical Questionnaire, the other items described in section 13 of the Overview and Procedure and the list provided in section 1.11.1 Submittal of the Technical Specifications.

Yes, a different binder for the Technical Proposal is required. Appendix A Section 17 – Vehicle Technical Information Form should be completed and included with the rest of the Technical Proposal. 70. Overview and Proposal Procedures 15. Contents of Proposal item N.

Due to the large content of Quality Assurance Manual, can proposer provide the information on a CD/DVD format instead of paper?

Yes, a CD/DVD format can be provided with the Technical Proposal. However, hardcopies should be provided and discussed at the Oral Presentation. 71. Technical Specifications 12.4

The multiplex system shall detect failed headlights, brake lights, reverse lights, and hazard lights and communicate this via J1939 to the IVS system. The current bus architecture allow detection on a group of light. Please confirm it is acceptable.

The Proposer needs to clarify this in its Technical Proposal submission. Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. 72. Technical Specifications 10.1

We wish to clarify that the 18,000 miles of brake life requirement may not be achievable if the retarder system is disabled. Please confirm your adherence.

Each Proposer should present any concerns with its Technical Proposal.

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Each Proposer is required to provide a base proposal which is in compliance with the contract documents contained in the RFP package which includes The Technical Specifications as written. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the Technical Specifications, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance.

73. Technical Specifications 11.5

Steering components shall be designed to withstand the operating duty cycle for the fatigue life of 1,000,000 miles and to prevent the following failures during the service life of the bus: • No element of the steering system shall fail before suspension system components when one of the tires strikes a severe road hazard • There shall not be inadvertent alterations of steering as a result of striking road hazards • Seepage, weepage, minor leak and major leaks are not allowed the manufacturer cannot commit on any kind of road hazard. Can it be clarified?

The Technical Specifications have been updated to change "strikes a severe road hazard" to "hits a curb". The Technical Specifications have been updated to delete the following: "There shall not be inadvertent alterations of steering as a result of striking road hazards" 74. Technical Specifications 10.3

Replaceable wheel bearing seals shall run on replaceable wear surfaces or be of an integral wear surface sealed design. Wheel bearing and hub seals and unitized hub assemblies shall not leak or weep lubricant for 100,000 miles of NYCT service. All bearing cavities shall be packed with Lithium complex based multipurpose NLGI No1 Mineral Based Extreme Pressure wheel bearing grease. Oil filled hubs are acceptable as an alternative and shall be filled with synthetic gear oil as per Appendix A. Synthetic Greased unitized bearings should be acceptable

Yes. Synthetic greased unitized bearings are acceptable. It is the Authority’s objective to use Synthetic Lithium Complex, Multi-Purpose NLGI #2 grease. The Technical Specifications have been updated. 75. Technical Specifications 3.10

The engine shall be cooled by a water-based, pressure type, cooling system that does not permit boiling or coolant loss during the operations described above. Engine thermostat(s)

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shall be easily accessible for replacement. All valves shall be heavy duty quarter-turn ball valves for the entire cooling system. Quarter turn ball type valves shall permit complete shutoff of both lines for the heating and defroster units. The valves shall be open when the lever is parallel with the pipe and off when the lever is perpendicular to the pipe. All low points in the water-based cooling system shall be equipped with drain cocks. Request: Gate valve should be accepted in limited use

The Proposer's request is not acceptable. 1/4-turn ball valves are required. 76. Technical Specifications 3.8.1

Alternative Starter protection logic may be proposed for review. A telltale light in the Drivers dashboard shall be provided to indicate starter lockout. The light shall be illuminated when starter is locked out. Request: A pop-up in the driver control panel should be approved equivalent

The Proposer's request is acceptable. The Technical Specifications have been updated to allow for either a telltale light or a message display. 77. Technical Specifications 3.4

'The powerplant shall be mounted in a compartment in the rear of the bus. All engine and transmission mounting points shall be mechanically isolated with mounts to minimize transfer of vibration to the body structure. All cross bracing shall have lock washers. What does cross bracings in the engine compartment mean? Lock washers is not current practices for larger bolted joints and other locking features should be considered equivalent

The Technical Specifications have been updated to remove "All cross bracing shall have lock washers." 78. Technical Specifications 2.10.5.1

Floor in the vestibule shall be covered with 0.1875 inch, nonskid, ribbed / smooth (rubber only) black, confetti speckled rubber composition material that remains effectively skid resistant in all weather conditions. Conflicting with lower lines in this section where floor in passenger = same as in Driver area; Alternative material is to be considered in vestibule as well

The Technical Specifications have been updated to allow for PVC material as an alternative.

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79. Overview of Proposal Procedures - Section 13.A

With respect to the requirement to submit, among other things, five (5) electronic copies on CD-ROM, may the electronic copies be submitted on USB flash drives instead of on CD-ROM's? If so, will you require five (5) flash drives?

Yes. Proposers may submit Proposals on USB flash drives in lieu of CD-ROMs. If a Proposer elects to submit Proposals on USB flash drives, five (5) flash drives will be required.

80. Attachment F – Business Programs Documents

The EEO-1 report incorporated within Attachment F is an outdated form and does not include all of the data categories in the current EEO-1 form. May we submit either our actual EEO-1 reports as submitted to the EEOC, or the current EEO-1 form issued by the EEOC, in lieu of the form included in Attachment F?

You may submit the current EEO-1 form issued by the EEOC. A sample is attached to this addendum for your reference (see Attachment CC).

81. Please confirm that a "foreign corporation" is any corporation not incorporated under the

laws of the State of New York. In other words, a Delaware corporation is a "foreign corporation" for purposes of this section.

Yes. For the purposes of Attachment X – Proposer’s Execution Form, a "foreign corporation" is any corporation not incorporated under the laws of the State of New York.

82. Technical Specifications – Paragraph 3.2.4 Jerk

With respect for the requirement to provide an acceleration / deceleration range no greater than 0.3g /sec we request that NYCT provide a more defined testing protocol on how this specific test is to be conducted.

The NYCT test method is to use a Vericom (or approved equivalent) recording instrument to measure acceleration from the windshield for a 30 second acceleration from a standing start. This is repeated 3 times, and an average of the 3 runs is used as the acceleration. The sampling rate for this test is 0.01 seconds (100 points per second). NYCT estimates the jerk by doing a point-to-point differencing for each of these intervals (slope) from the averaged curve. This is of sufficient accuracy to estimate jerk for NYCT's requirements.

Proposers must submit their proposed test method in the Technical Proposal. Each Proposer must verify that its vehicle meets this requirement and provide a detailed description of the test method used if it differs from the NYCT test method outlined above.

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83. Technical Specifications – Paragraph 3.12 – Exhaust System

To enable the potential proposers to determine the specific NYCT requirements for thermal mapping we respectfully request that NYCT provide a more defined testing protocol or specific test parameters.

Proposer shall test multiple areas of the engine compartment under a condition in which the OEM would expect the highest engine compartment temperatures in NYCT's environment to ensure all materials and components can withstand temperature conditions in that location. 84. Terms and Conditions – Article 19A Items 21

Training According to the deliverables table the Draft of training Program is to include course training schedule outline and course materials. What is meant by schedule outline? Proposer cannot supply a schedule outline for the "pay as you go" method of delivering training.

The Authority is looking for a course outline of the material/subjects to be covered in each class and the number of hours required for completion of each class. The Table in Article 19A has been updated to reflect this clarification.

85. Terms and Conditions – Article 19A Items 22 & Article 20 (A) 1

Training Under Article 19A- Training classes are noted to span 30 days prior to 1st Bus delivery until 180 days after Bus deliveries are completed. However, Article 20 (A) 1- states - The required number of training days shall be provided by the Contractor on an as needed basis throughout the delivery of Buses and may continue for a period of three hundred sixty-five (365) days after receipt of last Bus. Which is correct- 180 days or 365 days after delivery of the last bus?

Training must be provided “on an as needed basis throughout the delivery of Buses and may continue for a period of three hundred sixty-five (365) days after Acceptance of the last Bus.” The Table in Article 19A has been updated to reflect this clarification.

86. Terms and Conditions – Article 19A Items 31 & Article 10 Paragraph 4(b)

AVM Optimization for Clever Devices IVN units Article 19A states - Acceptance of the 1st Bus through 1 year after Acceptance of the last Bus. Article 10 paragraph 4 b) requires-In addition the Contractor shall provide Automatic Vehicle Monitoring (AVM) system optimization until December 31, 2014. Which is correct?

AVM optimization consists of a data dictionary that Clever Devices keeps updated based on the changes that are required while the buses are in service. The Authority requires that the Contractor provide Automatic Vehicle Monitoring (AVM) system optimization from

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the Acceptance of the first Bus through and including December 31 of the year in which the first Production Bus is Accepted.

Article 10 Paragraph B.4.b. and Article 19A Item 31 have been amended to reflect this clarification.

87. Terms and Conditions – Article 19A Items 32 & Article 10 Paragraph 4(a)

Software Maintenance for Clever Devices IVN units Article 19A states - Acceptance of the 1st Bus through 1 year after Acceptance of the last Bus. Article 10 paragraph 4 a) requires- Software maintenance for one (1) year from the Acceptance of a Bus within each Lot. Which is correct?

The Authority requires that the Contractor provide Software Maintenance for IVS units from the Acceptance of the first Bus through and including December 31 of the year in which the last Production Bus is Accepted.

Article 10 Paragraph B.4.a. and Article 19A Item 32 have been amended to reflect this clarification. 88. Technical Specification – Section 2.2 Fire Protection

All materials used in the construction of the passenger area of the bus shall be in accordance with the Recommended Fire Safety Practices defined in FMVSS 302. Materials entirely enclosed from the passenger compartment, such as insulation within the sidewalls and sub-floor, need not comply. Proposer wishes to note that Materials entirely enclosed from the passenger compartment, such as insulation within the sidewalls and sub-floor, need not to comply.- Refer to Tech Spec 2.4.2. Insulating Material Properties

Section 2.4.2 of the Technical Specifications has been updated to agree with Section 2.2, that materials entirely enclosed from the passenger compartment, such as insulation within the sidewalls and sub-floor, need not comply with FMVSS 302. 89. Technical Specification – Section 2.5.4 Towing

The specification states- The Contractor shall provide a detailed written procedure for flat towing and lift towing the bus, which shall include provisions for towing from the rear in the event of an emergency. At the beginning of the pilot bus testing period, the manufacturer of the bus shall demonstrate and validate the towing procedures using NYCT’s equipment What towing equipment does NYCT utilize for towing a Bus? What towing equipment will NYCT use to validate the towing procedure?

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The Authority uses triaxle 50-ton tow trucks with commercially available adapters. Adapters shall be provided if required. The Terms and Conditions have been updated and now require the Contractor to provide fourteen (14) sets of adapters.

90. Technical Specification – Section 2.6.6

Finish and Color The specification states - See Appendix A for the approved manufacturer’s and the accepted color codes. Please confirm that the paint numbers for DuPont and PPG are current. Proposer believes that the DuPont code numbers may not be current and that possibly the PPG numbers are incorrect.

The Dupont Imron Number and PPG Number columns will be deleted from the table. The Dupont Imron Elite Express P/N's are the following: White: 852302 EF Blue: 783973 EF Black: 851382 EF Appendix A – Section 25 of the Technical Specifications has been updated. 91. Technical Specification – Section 3.12.1

Emissions Requirement Spec requires testing as follows: One final configuration bus shall be subjected to a chassis dynamometer test for the evaluation of tailpipe emissions and fuel economy. All testing will be performed in accordance with the SAE J2711 standard using both the ‘Manhattan” and “OCTA’ test cycles Does the testing conducted at Altoona meet NYCTs approval?

Yes. The emissions testing conducted at Altoona is acceptable as long as it includes the ‘Manhattan” and “OCTA’ test cycles. 92. Technical Specification – Section 10.3

Wheel Hubs All bearing cavities shall be packed with Lithium complex based multipurpose NLGI No1 Mineral Based Extreme Pressure wheel bearing grease. Please verify that this is what the Authority desires as it differs from the approved fluids list contained in Attachment A-21 which states Synthetic Lithium Complex, Multi-Purpose NLGI #2 grease

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It is the Authority’s desire to use Synthetic Lithium Complex, Multi-Purpose NLGI #2 grease. The Technical Specifications have been updated.

93. Technical Specification – Section 12.13.3

Electrical Schematics Electrical wiring schematics shall include: Point to point wiring index Please advise if this requirement can be deleted.

Yes. This requirement has been deleted. The Technical Specifications have been updated.

94. Technical Specification – Sections 12.14.3

Horn Requirement Proposer requires clarification as to how NYCT desires the power supply for the horn to be provided.

The horn should be powered, except when the master battery disconnect switch is disconnected. 95. Technical Specification – Section 15.1.6

Signage -Numbering and Signs- Materials All corners shall be radiused, to prevent lift up. Does this refer to the interior decals only?

No. This applies to both interior and exterior decals. The Technical Specifications have been updated for clarification. 96. Technical Specification – Section 15.1.7

Signage -Numbering and Signs- Materials Helvetica Medium shall be the standard typeface for all exterior numbers. Any other forms of Helvetica (e.g., condensed regular, etc.) or other typefaces shall never be used as a substitute for Helvetica Medium. Is it permissible to supply the fonts as depicted in the drawings found in Appendix A? The fonts in the drawings do not appear to be Helvetica Medium

Yes. The fonts as depicted in the drawings found in Appendix A Section 5 should be used. The Technical Specifications have been updated to delete the Helvetica Medium typeface requirement.

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97. Also during the Pre-Bid, NYCT noted that the Responsibility Questionnaire for vendors supplying product of over one million dollars could be supplied directly to NYCT Cost Price Analysis group

a. To whom do we send the information to

b. If a vendor has already submitted data to NYCT, do they have to supply for each

individual bidder?

a. Responsibility Questionnaires should be submitted with the Proposal. In the event one or more Responsibility Questionnaires are unavailable at the time of proposal submission, vendors should submit them directly to the attention of Geoffrey Ray, Contracts Manager.

b. A Responsibility Questionnaire is valid for 6 months. In the event a vendor has submitted a Responsibility Questionnaire to NYC Transit within the last 6 months, the last page of the Responsibility Questionnaire titled “Affidavit of No Change” must be completed and submitted to the Authority.

98. Terms and Conditions – Article 19A item 34

On page 49 of 89, item 34 of the Deliverables table at the top of the page shows “Driver’s Guides”. This is something new for their spec and I want to make sure we are talking about the same thing as they want 2000 of them.

Please clarify that this requirement is not the Operator’s Guide that we publish as a standard deliverable and that it is the Operator’s Quick Reference Guide as attached. We published this as a “post contract” special request from XXXXXX in 2012.

Yes, that is correct. The requirement is for Operator’s Quick Reference Guides. The Table in Article 19A has been updated to reflect this clarification. 99. Technical Specifications 1.1

Except as noted in the section titled “OEM Requirements and Recommendations”, this specification is intended to leave the manufacturer free to provide his own detailed design for the basic vehicle and the vehicles ancillary equipment.

The Contractor shall assume complete and overall responsibility for the design and satisfactory operation of the vehicle and the vehicle’s sub-systems or component parts. The contractor’s responsibility includes but is not limited to ensuring that the design and manufacture of the vehicle and the vehicles component parts are appropriate, coordinated, compatible and perform correctly throughout the life of the vehicle, whether together or individually.

Define life of the vehicle: 12 years?

Yes. The life of the vehicle is for 12 years.

100. Attachment N Warranty Coverage Matrix

What is the intent of the Column labelled "Contractor Responsibility"? We need to know what you are seeking as information for that cell.

The "Contractor's Responsibility" is the difference between the coverage offered by the manufacturer and the coverage that the Authority has specified in Article 10.B.

Please attach this addendum to your proposal or acknowledge it in the place provided in the Proposer's Execution Form (Attachment X). Failure to do so may result in rejection of your proposal.

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TABLE OF CONTENTS Contract No. B40656

Furnish and Deliver 690 Low Floor 40-foot Clean Diesel Buses

Page 1 of 5

542148 690 LF 40ft Diesel Addendum #2

SECTION I: IMPORTANT NOTICE TO PROPOSERS SECTION II: REQUEST FOR PROPOSAL OVERVIEW AND PROPOSAL PROCEDURES PARAGRAPH PAGE

1. Introduction .........................................................................................................1 2. Pertinent Dates ....................................................................................................3 3. General Instructions ............................................................................................3 4. Alternate Proposals..............................................................................................4 5. Qualifying Alternate Suppliers of Major Subsystems.........................................4 6. “Or Equal” Specifications ...................................................................................4 7. Point of Contact for this RFP ..............................................................................5 8. Restrictions on Contact with Authority Employees ............................................5 9. Requests for Clarification and Addenda .............................................................5 10. Pre-Proposal Conference.....................................................................................6 11. Incurring Costs ....................................................................................................6 12. Joint Proposers ....................................................................................................6 13. Proposal Submission Requirements ....................................................................7 14. Withdrawal of Proposals .....................................................................................8 15. Contents of Proposal ...........................................................................................9 16. Proposer's Responsibility ..................................................................................11 17. Oral Presentations and Demonstrations ............................................................13 18. Disclosure of Proposals .....................................................................................13 19. Negotiations.......................................................................................................13 20. Proposal Evaluation...........................................................................................14 21. Contract Award .................................................................................................17 22. Tax Exemption ..................................................................................................17 23. Minority and Women Owned Business Enterprise Program ............................17 24. Proposal Protest .................................................................................................17 25. Environmental Matters and Compliance with Laws, Rules and Regulations ...18 26. Omnibus Procurement Act of 1992...................................................................19 27. Metropolitan Transportation Authority Vendor Code of Ethics .......................21

TABLE OF CONTENTS Contract No. B40656

Furnish and Deliver 690 Low Floor 40-foot Clean Diesel Buses

Page 2 of 5

542148 690 LF 40ft Diesel Addendum #2

SECTION III: CONTRACT TERMS AND CONDITIONS SPECIFIC CONTRACT PROVISIONS ARTICLES PAGE

Article 1 Definitions and Rules of Construction ................................................................1 Article 2 Agreement ...........................................................................................................7 Article 3 Project Description ..............................................................................................7 Article 3a Meetings ..............................................................................................................9 Article 3b System Qualification Testing ............................................................................10 Article 3c System First Article Inspection and Process Audit ...........................................10 Article 3d Post-Award Continuous Improvement Activities .............................................11 Article 4 Character of Work .............................................................................................11 Article 4a Interchangeability..............................................................................................12 Article 5 Term of Contract ...............................................................................................12 Article 6 Time for Completion and Delivery ...................................................................12 Article 6a Option Buses .....................................................................................................19 Article 7 Liquidated Damages..........................................................................................22 Article 8 Acceptance ........................................................................................................23 Article 9 Rejection............................................................................................................25 Article 10 Specific Guarantees/Warranties ........................................................................25 Article 11 Fleet Defect .......................................................................................................33 Article 12 Non-Warranty....................................................................................................34 Article 13 Warranty Not to Be Voided...............................................................................34 Article 14 Risk of Loss.......................................................................................................34 Article 15 Price to Include/ Invoice and Payment..............................................................35 Article 16 Contractor's Local Maintenance Facility...........................................................39 Article 17 Title to Equipment.............................................................................................39 Article 18 Authority Furnished Equipment ........................................................................39 Article 19 Manuals and Other Contractor’s Support Requirements ..................................40 Article 19a Schedule of Deliverables...................................................................................45 Article 19b Long Term Parts Provisioning and Pricing .......................................................49 Article 20 Training .............................................................................................................50 Article 21 Buy America Steel.............................................................................................54 Article 22 No Third Party Beneficiaries.............................................................................57 Article 23 Effect of Approval.............................................................................................58 Article 24 Effect of Failure to Comment or Approve ........................................................58 Article 25 Disclaimer .........................................................................................................58 Article 26 Contractor's Responsibility................................................................................59 Article 27 Fumigation/Extermination.................................................................................59 Article 28 Spare Parts .........................................................................................................59 Article 29 Insurance ...........................................................................................................60 Article 30 Security for Performance...................................................................................60 Article 30a Security for Warranty Period ............................................................................62

TABLE OF CONTENTS Contract No. B40656

Furnish and Deliver 690 Low Floor 40-foot Clean Diesel Buses

Page 3 of 5

542148 690 LF 40ft Diesel Addendum #2

Article 31 Notices...............................................................................................................64 Article 32 Consent of Authority Required for Subcontracting, Subletting or Assignment ........................................................................................................64 Article 33 Changes .............................................................................................................65 Article 34 Extension of Time .............................................................................................65 Article 35 Remedies In Case of Default & Termination for Cause ...................................67 Article 36 Termination for Convenience by the Authority ................................................68 Article 37 Authority of the Project Manager......................................................................69 Article 38 Disputes .............................................................................................................70 Article 39 Withholding Money Due Contractor to Meet Claims or Liens.........................70 Article 40 Claims by Contractor.........................................................................................71 Article 41 Substitution of Approved Securities..................................................................71 Article 42 Use of Monies Withheld....................................................................................72 Article 43 New York Laws / Choice of Law, Consent to Jurisdiction and Venue.............73 Article 44 Statute of Limitations on Right to Sue the Authority/No Claim Against Authority Officers, Agents or Employees .........................................................73 Article 45 Authority May Avail Itself of All Remedies.....................................................74 Article 46 Relationship between the Authority and Others................................................74 Article 47 Liability and Indemnification............................................................................74 Article 48 Patents, Copyrights and Infringement Claims...................................................75 Article 49 General Representations and Warranties ..........................................................76 Article 50 No Estoppel and No Waiver..............................................................................79 Article 51 Severability........................................................................................................79 Article 52 Safety Precautions .............................................................................................79 Article 53 Books and Records/Audit and Examination .....................................................80 Article 54 Subcontractor/Supplier Books and Records......................................................80 Article 55 Quality Assurance .............................................................................................80 Article 56 Quality Control..................................................................................................80 Article 57 Inspection and Evaluation .................................................................................82 Article 58 Compliance with Applicable Laws, Regulations/ Environmental Matters .......82 Article 59 Final Payment to Act As Release ......................................................................83 Article 60 Independent Contractor .....................................................................................83 Article 61 Contractor’s Employees ....................................................................................83 Article 62 Confidentiality / Advertising Limitation...........................................................84 Article 63 Tax Exemption ..................................................................................................84 Article 64 Antitrust Assignment.........................................................................................85 Article 65 Grand Jury Testimony .......................................................................................85 Article 66 Contract Documents Contain All Terms ...........................................................85 Article 67 Contractor Has Examined Contract...................................................................86 Article 68 All Legal Provisions Included...........................................................................86 Article 69 Equal Employment Opportunity for Minority Group Members & Women .....86 Article 70 New York State Content....................................................................................88 Article 71 Order of Precedence ..........................................................................................88 Article 72 Asian Longhorned Beetle ..................................................................................89 Article 73 Parent Guaranty.................................................................................................89

TABLE OF CONTENTS Contract No. B40656

Furnish and Deliver 690 Low Floor 40-foot Clean Diesel Buses

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542148 690 LF 40ft Diesel Addendum #2

ATTACHMENTS AND SCHEDULES ATTACHMENTS Attachment A CP-8 Forms Attachment B Performance Bond Template Attachment C Warranty Bond Template Attachment D Letter of Credit Template Attachment E Major System Suppliers Template (to be completed by Contractor) Attachment F Business Program Documents (to be completed by Contractor) Attachment G Schedule of Rates for Services Rendered to Outside Parties Attachment H Prompt Payment Statement Attachment I NOT USED Attachment J Work Order Sample Attachment K NYCT Acceptance Document Sample Attachment L Delivery Schedule (to be completed by Contractor) Attachment M Post Delivery Inspection Sample Attachment N Extended Warranty Coverage Matrix (to be completed by Contractor) Attachment O NOT USED Attachment P Structural Components Warranty Coverage (to be provided by Contractor) Attachment Q First Articles Inspection List Template (to be completed by Contractor) Attachment R Bus Configuration Overview (to be completed by Contractor for multiple

configuration orders only) Attachment S Authority Observed Holidays Attachment T Letter of Guaranty Template Attachment U Alternate Supplier Information Forms Attachment V Diagnostic Tools List (to be provided by Contractor) Attachment W Price Proposal (to be completed by Contractor) Attachment X Proposer’s Execution Form (to be completed by Contractor) Attachment Y Invoice Affidavit Template Attachment Z Price Build Up Form (to be completed by Contractor) Attachment AA Suppliers and Subcontractors contributing $1M or more Template

(to be completed by Contractor) Attachment BB Exceptions Template Attachment CC Sample of current EEO-1 Form Attachment DD Standard Guidelines for Delivering Capital Spares into the Storeroom

SCHEDULES Schedule A Insurance Requirements Schedule J Responsibility Questionnaire (to be completed by Contractor) Schedule K Opportunities for MBEs and WBEs Schedule S Iran Energy Sector Divestment Certification (to be completed by Contractor) Schedule W Compliance with NYS Finance Law (to be completed by Contractor) Schedule Y Diesel Emissions Reduction Act - DERA

TABLE OF CONTENTS Contract No. B40656

Furnish and Deliver 690 Low Floor 40-foot Clean Diesel Buses

Page 5 of 5

542148 690 LF 40ft Diesel Addendum #2

TECHNICAL SPECIFICATIONS APPENDICES TO TECHNICAL SPECIFICATIONS Appendix A

Section 1 Fuel Specifications Section 2 Graffiti Resistance Coating Section 3 Bus Customer Information Center – (BCIC) Section 4 Fare Box Installation Guide Section 5 Decals Section 6 Head Injury Criteria Section 7 Clamping System for Fluid and Electrical Lines Section 8 HVAC Temperature Decal Section 9 NYCT New Bus Qualification Test Criteria

Section 10 Interlock Cluster Components Section 11 Life Expectancy Tests and Components List Section 12 Loose Wheel Nut Indicators Section 13 Message Box Drawing Section 14 Paint Adhesive Field Test Section 15 NYCT Radio Installation Section 16 Standard Repair Time (SRT) Section 17 Vehicle Technical Information (to be completed by Contractor) Section 18 Tumbler Card Holder and Mounting Provisions Section 19 Transit Bus Minimum Road Clearance Section 20 Water Leak Test Section 21 NYCT DOB Major Maintenance Fluid, Lubricants & Greases List Section 22 General Inspection Sheet Section 23 Interior and Exterior Advertising Media Section 24 ADA Compliant Braille and Raised Letters and Numbers Section 25 Recommended Sources and Products List Section 26 Typical Interior Lighting Settings

Appendix B NOT USED Appendix C

Section 1 Intelligent Vehicle System Section 2 Bus Camera Security System Section 3 Bus Customer Information Systems Section 4 Wireless Update of Bus Destination Signs

Appendix D Testing Timeline (to be agreed upon by the parties and attached to FINAL Contract)

Overview of Proposal Procedures B40656 – Addendum #2 529408

SECTION I

Overview and Proposal Procedures Contract No. B40656

Furnish and Deliver 690 Low Floor 40-foot Clean Diesel Buses

1. INTRODUCTION.........................................................................................................................................1 2. PERTINENT DATES ...................................................................................................................................3 3. GENERAL INSTRUCTIONS......................................................................................................................3 4. ALTERNATE PROPOSALS .......................................................................................................................4 5. “OR EQUAL” SPECIFICATIONS.............................................................................................................4 6. QUALIFYING ALTERNATE SUPPLIERS OF MAJOR SUBSYSTEMS .............................................4 7. POINT OF CONTACT FOR THIS RFP ....................................................................................................5 8. RESTRICTIONS ON CONTACT WITH AUTHORITY EMPLOYEES ...............................................5 9. REQUESTS FOR CLARIFICATION AND ADDENDA ..........................................................................5 10. PRE-PROPOSAL CONFERENCE.............................................................................................................6 11. INCURRING COSTS ...................................................................................................................................6 12. JOINT PROPOSERS....................................................................................................................................6 13. PROPOSAL SUBMISSION REQUIREMENTS........................................................................................7 14. WITHDRAWAL OF PROPOSALS............................................................................................................8 15. CONTENTS OF PROPOSAL......................................................................................................................9 16. PROPOSER'S RESPONSIBILITY...........................................................................................................11 17. ORAL PRESENTATIONS AND DEMONSTRATIONS........................................................................13 18. DISCLOSURE OF PROPOSALS..............................................................................................................13 19. NEGOTIATIONS........................................................................................................................................13 20. PROPOSAL EVALUATION .....................................................................................................................14 21. CONTRACT AWARD................................................................................................................................17 22. TAX EXEMPTION.....................................................................................................................................17 23. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PROGRAM..................................17 24. PROPOSAL PROTEST..............................................................................................................................17 25. ENVIRONMENTAL MATTERS AND COMPLIANCE WITH LAWS, RULES AND

REGULATIONS .........................................................................................................................................18 26. OMNIBUS PROCUREMENT ACT OF 1992 ..........................................................................................19 27. METROPOLITAN TRANSPORTATION AUTHORITY VENDOR CODE OF ETHICS.................21

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1. INTRODUCTION The New York City Transit Authority (the "Authority", “NYCTA” or “NYCT”), a public benefit corporation organized under the Public Authorities Law of the State of New York, which for purposes hereof shall be deemed to include the Manhattan and Bronx Surface Transit Operating Authority and the Staten Island Rapid Transit Operating Authority, is requesting proposals from vendors to furnish and deliver six hundred ninety (690) low floor 40-foot clean diesel buses (the "Base Contract") and up to seven hundred (700) additional buses which may be purchased at the option of the Authority (Option Award) in accordance with the Contract Documents including, but not limited to, the Technical Specifications.

Proposers are advised that the Authority is utilizing the competitively negotiated Request for Proposal (RFP) solicitation procedure for this Contract. This procedure affords Proposers the opportunity to submit alternative proposals, modifications to the Technical Specifications, and alternative Terms and Conditions. The Authority is soliciting from each Proposer one proposal that fully complies with all requirements of the attached Technical Specifications and also encourages alternate proposals which address the Authority’s requirements. The factors subject to evaluation shall include, but are not limited to, cost, delivery schedules, overall quality of products to be delivered, New York State content and financing. The Authority requires the Contractor to successfully complete the required structural qualification and all other qualification activities in accordance with the New Bus Testing Program. Proposals will only be considered from those manufacturers offering a low floor 40-foot clean diesel bus already tested and approved by NYCTA or from manufacturers who can demonstrate that they have the ability to qualify their proposed bus in time to support the Authority's delivery schedule outlined in Paragraph 20.E below. In order to qualify as a responsible Proposer and be eligible for award, in addition to other requirements herein provided, a Proposer must be prepared to prove to the satisfaction of the Authority that it has the integrity, skill, and experience to faithfully perform the Contract and that it has the necessary facilities and financial resources to perform the Work in a satisfactory manner and within the time specified. This Request for Proposals ("RFP") includes the following: • Section I: Important Notice to Proposers • Section II: Overview and Proposal Procedures

• Section III: Contract Terms and Conditions and Technical Specifications which

the Authority presently intends to utilize for any Contract entered into as a result of this solicitation. Proposers are advised that if there are any discrepancies between

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any descriptions of the Work in Sections I, II and III, the description in Section III shall govern.

• Attachments to the Contract Terms and Conditions and Technical

Specifications

Attachments Description Attachment A CP-8 Forms Attachment B Performance Bond Template Attachment C Warranty Bond Template Attachment D Letter of Credit Template Attachment E Major System Suppliers Template (to be completed by Contractor) Attachment F Business Program Documents (to be completed by Contractor) Attachment G Schedule of Rates for Services Rendered to Outside Parties Attachment H Prompt Payment Statement Attachment I NOT USED Attachment J Work Order Sample Attachment K NYCT Acceptance Document Sample Attachment L Delivery Schedule (to be completed by Contractor) Attachment M Post Delivery Inspection Sample Attachment N Extended Warranty Coverage Matrix (to be completed by Contractor) Attachment O NOT USED Attachment P Structural Components Warranty Coverage (to be provided by Contractor) Attachment Q First Articles Inspection List Template (to be completed by Contractor) Attachment R Bus Configuration Overview (to be completed by Contractor for multiple

configuration orders only) Attachment S Authority Observed Holidays Attachment T Letter of Guaranty Template Attachment U Alternate Supplier Information Forms Attachment V Diagnostic Tools List (to be provided by Contractor) Attachment W Price Proposal (to be completed by Contractor) Attachment X Proposer’s Execution Form (to be completed by Contractor) Attachment Y Invoice Affidavit Template Attachment Z Price Build Up Form (to be completed by Contractor) Attachment AA Suppliers and Subcontractors contributing $1M or more Template

(to be completed by Contractor) Attachment BB Exceptions Template Attachment CC Sample of current EEO-1 Form Attachment DD Standard Guidelines for Delivering Capital Spares into the Storeroom Schedules Description Schedule A Insurance Requirements Schedule J Responsibility Questionnaire (to be completed by Contractor) Schedule K Opportunities for MBEs and WBEs Schedule S Iran Energy Sector Divestment Certification (to be completed by Contractor) Schedule W Compliance with NYS Finance Law (to be completed by Contractor) Schedule Y Diesel Emissions Reduction Act - DERA

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Technical Specifications Appendices To Technical Specifications

2. PERTINENT DATES

These will include the following dates: A. Release date of RFP: January 14, 2013 B. A Pre-Proposal Conference will be held on January 28, 2013 at 2 Broadway, 18th

Floor Conference Room C18.01, New York, NY 10004. C. All inquiries must be received by the Authority by February 6, 2013. D. All proposals are due no later than March 27, 2013, 1:00 PM local time. ("the

Closing Date"). E. Negotiations are scheduled to commence thereafter.

3. GENERAL INSTRUCTIONS The Authority considers any information which it may have released either orally or in writing prior to the issuance of the RFP to be preliminary in nature and shall not be bound by such information. Each Proposer should furnish the information required by this RFP. The person signing the proposal must initial erasures or other changes. If the proposal is signed by other than the president, a vice president, or general partner of the Proposer, the proposal is to include evidence of the agent's authority (e.g., corporate resolution). In general, the Authority seeks proposals under this RFP which are advantageous to the Authority and satisfy its overall needs. In order to afford the Authority the ability to properly evaluate and compare all proposals and alternative proposals received, it is requested that each Proposer submit, at a minimum, a proposal based upon the work and Terms and Conditions and Technical Specifications as specified by the Authority in this RFP. The Authority considers it essential that thorough and precise proposals are received so that effective evaluation and comparison can take place within the time allowed and so that any resulting negotiations not become needlessly protracted. Accordingly, the Authority reserves the right not to consider any proposal prepared with an apparent disregard of this requirement such that evaluation and comparison are determined by the Selection Committee to be difficult or impossible. Proposals which the Authority may consider as unacceptable include, but are not limited to, blanket reservations, general

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objections, general offers of enhancement or general suggestions for modification of the Contract Terms and Conditions and/or Technical Specification and Contract Drawings. 4. ALTERNATE PROPOSALS Each Proposer shall submit a base proposal as called for in this RFP. Each Proposer is also encouraged to submit alternate proposals containing enhancements, reductions, or changes it wishes to offer. It is essential that each Proposer clearly indicate, with specificity, in what respect its alternative proposal constitutes an enhancement, a reduction or other change in the Contract Terms and Conditions and Technical Specifications. All affected provisions should be cited and any proposed modifications set forth. The corresponding Price Proposal must clearly identify those items affected by the alternate proposal and the amount of change in price/cost being proposed. The Authority is willing to consider all alternate proposals to the extent that the cost savings and/or other advantages that the Authority desires to entertain are demonstrated by the Proposer offering the alternate proposal. 5. “OR EQUAL” SPECIFICATIONS Wherever in the Contract Documents a particular brand or manufacturer of material or equipment is furnished, such material or equipment shall be regarded as a standard for the purpose of concisely indicating New York City Transit’s requirements. Any material other than that specified is acceptable if, in the opinion of the New York City Transit, it is equal in all essential respects to the standard specified. All Proposers are presumed to be proposing on the make, model, brand or sample specified unless they submit the documentation necessary to establish the equality of the alternate material or equipment. New York City Transit reserves the right to require a specific brand or manufacturer and shall clearly indicate in the specifications when a requirement is intended to be brand specific. 6. QUALIFYING ALTERNATE SUPPLIERS OF MAJOR SUBSYSTEMS For each Major Subsystem, Proposers must propose a Supplier who has been approved by the Authority, as listed in Appendix A-2 to the Technical Specifications. However, Proposers may also propose alternate Suppliers of Major Subsystems and, in such case, Forms ASF-1 and ASF-2 of Attachment U must be completed in their entirety. For alternates to be considered, the Supplier(s) must have entered into a Test Program “Loan Agreement” with the Authority prior to the Award of this Contract. Acceptance of an alternate major subsystem for use on the Bus is at the sole discretion of the Authority. Proposers shall submit Price Proposals for both the Major System Suppliers listed on Appendix A-2 to the Technical Specifications and any alternate Suppliers. A Loan Agreement requires that a Proposer furnish the proposed alternate equipment at no cost to the Authority for extensive testing in revenue service. All Authority labor, overhead and materials shall be paid for by the Proposer at the actual rates at the time

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they are expended. Installation and removal of the alternate equipment will be performed by Authority personnel with supervision of the Proposer as required. Loan Agreements may be terminated by either party for convenience. In the event a Proposer enters into a Loan Agreement and is not selected as the Contractor to perform the Work of this Contract, the Proposer or the Authority may elect to: 1) continue to have its equipment tested under the Loan Agreement; or 2) terminate for convenience, at no cost to the Authority. 7. POINT OF CONTACT FOR THIS RFP Prospective Proposers are advised that the Authority's point of contact (the "Procurement Manager") for all matters concerning this RFP is: Geoffrey Ray New York City Transit Authority 2 Broadway, Room B19.130 New York, NY 10004 Telephone: 646-252-6035 Fax: 646-252-6095 E-mail: geoffrey.ray@nyct.com 8. RESTRICTIONS ON CONTACT WITH AUTHORITY EMPLOYEES Prospective Proposers are advised that, from the date this RFP is issued until the award of any resultant Contract, they are not permitted to contact Authority employees about a matter related to this solicitation unless they have received the permission of the Procurement Manager. 9. REQUESTS FOR CLARIFICATION AND ADDENDA Any inquiry regarding this solicitation must be made in writing except that the Authority will entertain oral inquiries at the Pre-Proposal Conference, if any. To be considered, inquiries must be addressed to the Procurement Manager. The Authority requests that all inquiries must be submitted in electronic format (e-mail) compatible with Microsoft Word 2002. All inquiries should clearly reference the applicable section of this RFP, the Technical Specifications, and/or the Terms and Conditions. Proposers are advised that the Authority is not able to ensure that it will be able to respond to inquiries received later than seven (7) business days prior to the Closing Date. The Authority will issue responses to inquiries and any other corrections, amendments, and the like which it deems necessary in written addenda issued prior to the Closing Date. Issuance of an addendum is defined as the placement of copies of such addendum at the Bid Reception Desk, 3 Stone Street, New York, NY 10004. At the desk, the Authority will furnish prospective Proposers with copies of such addenda upon request. The Authority will endeavor to mail addenda to each person

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recorded as having been furnished a copy of the RFP, but Proposers are responsible for assuring that they receive all addenda. To ascertain whether any addenda have been issued with respect to this RFP, prospective Proposers may telephone the Bid Reception Desk at 646-252-6102. Proposers should rely only on representations, statements, or clarifications made in this RFP or in a formal Addendum. Also, if the Authority issues an addendum with a digest of the inquiries made and answers given at the Pre-Proposal Conference, Proposers shall rely on the information contained in such addendum rather than that given orally at the conference.

10. PRE-PROPOSAL CONFERENCE In order to further assist prospective Proposers in the preparation of their proposals, a Pre-Proposal Conference will take place at the time and location indicated below:

Date: January 28, 2013 Time: 11:00 AM Place: Conference Room C18.01

2 Broadway New York, NY 10004

Prospective Proposers who desire to attend or have a representative attend this Pre-Proposal Conference are requested to notify the Procurement Manager by telephone or e-mail not later than noon of the working day preceding the day of the conference. The Pre-Proposal Conference shall be informal. The Authority’s representatives will entertain and respond to oral inquiries at the Pre-Proposal Conference; however, only a written interpretation or correction issued as an Addendum by the Authority shall be binding. Proposers should not rely on any representations, statements, or clarifications not made in this RFP or in a formal Addendum. 11. INCURRING COSTS The Authority shall not be held liable for any pre-contract activity or costs incurred by Proposers in the preparation of their proposals or during any negotiations on proposals or proposed contracts or for any work performed in connection therewith. The selected Contractor may not claim reimbursement for expenditures prior to the effective date contained in the written Notice of Award as issued by the Authority. 12. JOINT PROPOSERS A. The Authority will consider for award of the Contract a Proposer consisting of two

or more persons or entities submitting a Proposal jointly, whether denominated a “joint venture,” “consortium” or otherwise (“Joint Proposer”), which is otherwise determined by the Authority to have submitted an acceptable Proposal and to be a responsible Proposer, provided that the following requirements with respect to

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such Joint Proposer shall have been met and notwithstanding any contradictory or inconsistent terms or provisions contained in any agreement between or among the members forming the Joint Proposer, compliance with which requirements will be represented and certified to with the submission of a Proposal by a Joint Proposer, and in the event of an award to a Joint Proposer made a part of the Agreement:

(1) The Joint Proposer has as a stated purpose to perform and complete

Authority Contract No. B40656; (2) The Joint Proposer members are jointly and severally responsible and

liable to the Authority for performance of the entire scope of work and all Contractor obligations of the Contract;

(3) The Joint Proposer, itself, indemnifies, and all members of the Joint Proposer, jointly and severally, indemnify the Authority with respect to personal injury and property damage claims and liabilities with respect to patent, copyright and other intellectual property infringements, all as more particularly provided for in the Contract;

(4) The Joint Proposer, itself, and/or all members of the Joint Proposer designate a single project manager, with overall responsibility for the entire project, to be the primary point of contact between the Joint Proposer/Joint Proposer members and the Authority (upon the consent of all members, a member of the Joint Proposer may be designated to deal separately with the Authority Project Manager as to separate aspects of the work, provided overall responsibility remains with the designated Joint Proposer project manager); and

(5) All Subcontractors/Suppliers are retained in the name of the Joint Proposer, which shall direct the work thereof and release payments thereto.

B. Should the Authority determine that a breach of such representation and

certification shall have occurred subsequent to the award of the Contract, the Authority shall have the right to treat such failure as an Event of Default and material breach of this Contract, or to rescind the award of this Contract, in its sole discretion.

C. In addition to submitting a Schedule J and Schedule W covering the Joint

Proposer, each Joint Proposer member is to submit a separate Schedule J and Schedule W.

13. PROPOSAL SUBMISSION REQUIREMENTS A. Submit an original and nine (9) copies of each proposal, as well as five (5)

electronic copies of the proposal on CD-ROM in MS-Word 2002 or Adobe PDF compatible format. One (1) copy of the proposal should be provided unbound to be used for reproductions, if needed by the Authority. All electronically prepared

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charts, drawings, and illustrations must also be submitted electronically in native file format. Each proposal must include submittal of documentation as required in the following items in the Technical Specifications:

(1) 1.22 "Legal Requirements" including a full FMVSS 121 test report.

(2) 1.26.3 "Mean Time to Repair"

(3) 2.4 and 2.4.1 "Corrosion"-Test Reports to be submitted with Proposal

(4) 2.1 "Structural Safety"

B. Proposers shall send proposals to the following address:

New York City Transit Authority 3 Stone Street New York, NY 10004 Attn: Bid Reception Desk

RFP Number and Proposal Title: B40656, Furnishing and Delivering 690

low floor 40-foot clean diesel buses with an option for up to 700 additional low floor 40-foot clean diesel buses

Closing Date: March 27, 2013 C. Proposals are due on or before 1:00 p.m. on the Closing Date. Hand-carried

proposals may be delivered to the address as shown above only between the hours of 8:00 a.m. and 4:00 p.m., Mondays through Fridays, excluding holidays observed by the Authority (Schedule S). Proposers must include their complete return addresses, Contract number, Contract title and the Proposal Due Date on the envelope(s) enclosing any material. Proposers are responsible for informing any commercial delivery services used of all delivery requirements and for assuring that the required information on the outer wrapper of material submitted appears on the outer wrapper or envelope used by such service.

D. The Authority will not accept proposals sent via fax and/or e-mail. 14. WITHDRAWAL OF PROPOSALS Proposers may withdraw their proposals from consideration at any time prior to award of the Contract. Proposers who decide to withdraw their proposals are asked to notify the Authority of such withdrawal in writing directed to the Procurement Manager in order to avoid unnecessary expenditure of resources in reviewing such proposals. The Authority shall have the right to discard or retain for its records all copies of proposals withdrawn from consideration.

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15. CONTENTS OF PROPOSAL Proposals are to contain the following:

A. An Executive Summary providing an overview of the complete proposal. The

Executive Summary shall be complete and concise and discuss how the Proposer intends to meet the requirements of this RFP.

B. A completed Responsibility Questionnaire, attached hereto as Schedule J.

C. A narrative proposal which clearly and specifically addresses the Proposer’s

demonstrated expertise, quality control, delivery schedule a description of goods produced, services provided, work done in New York State, warranty, training, parts availability, financing, terms of payment, the proposed approach to the work, the schedule of work, and any other information called for by this RFP or which the Proposer deems relevant. In addition, Proposers should be sure to include in the narrative proposal, either in the body of the proposal or as an attachment thereto, all pertinent information which is the subject of an evaluation criterion as set forth in Paragraph 20 of this Section I of the RFP.

D. A Price Proposal corresponding to the narrative proposal for the work and under

the Terms and Conditions as specified by the Authority in this RFP. Alternative Price Proposals corresponding to designated alternative narrative proposals may also be submitted pursuant to Paragraph 4. The Price Proposal form to be used by Proposers is attached to this RFP as Attachment W.

E. In the event Proposer wishes to offer a financing arrangement, the Authority

requests that Proposer submit a base price proposal without such financing arrangement and an alternative price proposal with such financing arrangement so as to better enable the evaluation thereof.

F. A statement of the exceptions, if any, which the Proposer takes to any Contract

Terms and Conditions or Technical Specifications proposed by the Authority with specific pricing implications (i.e., price concessions offered for modification of the Contract Terms and Conditions).

G. (1) In order to be considered an eligible Proposer a) the Contractor must

demonstrate that the proposed bus model is, or can be, successfully structurally qualified in accordance with the Authority’s New Bus Qualification Program in a time frame that will allow for deliveries in accordance with the required delivery schedule or a statement as to the structural qualification status under the Authority’s New Bus Qualification Program of the bus model proposed by Proposer; and b) the firm must demonstrate to the satisfaction of the Authority that it has the ability to meet the overall delivery schedule.

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(2) A proposed bus with any structure that has not been previously structurally qualified in accordance with the Authority’s New Bus Qualification Program shall be subject to following: Prior to Acceptance of any Production Buses by the Authority, the bus model shall be subjected to structural testing as outlined in NYCT's New Bus Qualification Program. This testing will be performed by Lucius Pitkin Inc., Exova, or other company acceptable to the Authority, using a dynamic road simulator and design life estimates. The design life estimates must be based on extensive instrumentation with a candidate bus in simulated revenue service on severe duty cycles. If the Contractor proposes to use an alternate testing facility/company, Contractor must demonstrate to the Authority’s satisfaction that the proposed company has an acceptable testing facility (heavy duty dynamic road simulator) and equivalent capabilities in order to successfully duplicate the type of testing performed by Exova, Lucius Pitkin Inc. or other company acceptable to the Authority. Contractor shall allow the Authority’s personnel to witness the test and review its data. The intent of this testing is to determine the durability of the bus structure under typical operating conditions in NYC. The design of the bus structure must be qualified via the testing to be able to withstand 500,000 miles NYC service without any structural failure. The Authority may require that any reports on data resulting from structural qualification testing conducted by the Contractor be reviewed by an independent third party consultant employed by the Authority.

H. A letter from an insurance company or companies acceptable to the Authority,

which satisfactorily establishes that such insurance company or companies will issue the necessary insurance policies or will provide evidence of existing policies, as required in Section III Contract Terms and Conditions Article 29 - Insurance. Proposers failing to supply documentation as to their ability to obtain the required insurance will not be considered for this Contract.

I. Evidence that its other commitments and contractual obligations will not impair or

adversely impact its performance of this Contract (e.g. provide specific order book information).

J. Evidence satisfactory to the Authority that it has the ability to obtain the security

for performance required in Section III Contract Terms and Conditions, Article 30. K. A list of companies to be utilized as Suppliers (Please complete Attachment E). L. A completed Responsibility Questionnaire, attached hereto as Schedule J, for

every Supplier that meets the thresholds for a Subcontractor as outlined in Part I Paragraph D of Schedule J.

M. A detailed information on pricing of extended warranties (Please complete

Attachment N), manuals, training and technical support.

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N. A detailed Quality Assurance manual describing assurance programs, plans and procedures to ensure that quality requirements are met throughout all phases of production and that performance shall be in conformance with the Technical Specifications.

O. All Business Programs Documents, completed in their entirety, attached hereto

as Attachment F. P. A proposed Delivery Schedule using the format provided in Attachment L. Q. A set of color coded, 3-Dimensional drawings detailing the Structural

Components Warranty Coverage being offered.

R. A completed Price Build-Up Form, attached hereto as Attachment Z. S. A completed Iran Energy Sector Divestment Certification, attached hereto as

Schedule S. T. A completed form indicating compliance with New York State’s State Finance

Law sections 139-j and 139k, attached hereto as Schedule W. U. A completed and notarized Proposer’s Execution Form, attached hereto as

Attachment X. V. A Parent Company Guaranty, attached hereto as Attachment T. W. A detailed buildup of the New York State Content (the extent to which the

Contract will be performed at sites within the State of New York or will include the use of goods produced or services provided within the State of New York) contained in the proposal. Backup documentation indicating the origin of the product or service as well as its cost should also be provided. (See also Paragraph 20B below.)

Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective proposal are not desired. Elaborate art work, expensive paper and binding and expensive visual and other presentation aids are neither necessary nor wanted. 16. PROPOSER'S RESPONSIBILITY As further described below, overall technical, professional and financial responsibility shall be a continuing, as well as threshold and continuing requirement with respect to this competitive procurement and the Contract.

A. In order to qualify as a Contractor satisfactory to the Authority, in addition to the

other requirements herein provided, a Proposer must be prepared to prove to the satisfaction of the Authority that it has the integrity, facilities and financial

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resources and stability to successfully and faithfully perform the Contract in accordance with the Contract Documents. Among the requisites for qualification that may be required by the Authority, the Proposer must show that its other commitments and contractual obligations will not impair or adversely impact its performance of this Contract, including its ability to deliver all Buses in accordance with the attached delivery schedule.

B. A Proposer in arrears in the payment of any amount due to the Authority or the

Contracting Party or any of their subsidiaries will be required to pay said amount in full in order to be considered a responsible Proposer, unless and to the extent that the Authority, upon satisfactory explanation made by the Proposer, excuses it from the payment thereof, at this time or permits further deferment of payment.

C. The Proposer is required to be adequately financed to pay promptly for all labor

and materials as such obligations become due and to avoid the necessity for assignment of any monies payable. The Proposer must be prepared to submit a sworn statement, in the form furnished by the Authority (see Schedule J, Responsibility Questionnaire), of the Proposer’s financial condition, as of a date not more than sixty (60) days prior to the Closing Date, and if selected for negotiation, to be examined thereon.

D. Proposer's submission must also set forth and document with evidence

satisfactory to the Authority that the Proposer is able to procure a performance bond and insurance policies prior to any award resulting from this RFP. With respect to the performance bond such satisfactory evidence would include a letter from a surety authorized to do business in the State of New York that the Proposer is bondable and that the surety will issue the performance bond in the form attached to this RFP on behalf of the Proposer prior to contract award. The execution of the bond must be duly proved before delivery of bonds in the form essential to entitle a deed to be recorded in the State of New York, and full affidavits of justification of the sureties must be added. With respect to the insurance policy or policies, such satisfactory evidence would include Certificates of Insurance, in acceptable form as described in Article 29 of the Contract Terms and Conditions.

E. Proposer's submission must also set forth and document with evidence

satisfactory to the Authority that the Proposer has: a) established quality control procedures and measures in place to insure delivery and service of consistent quality and reliable bus products and b) warranty programs, training, support parts availability.

F. The Authority reserves the right to eliminate any Proposer from further

consideration in the event the Authority determines that a Proposer, at anytime in the course of the RFP process up to Contract award, is not responsible or evidences significant technical, financial, or business integrity problems.

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17. ORAL PRESENTATIONS AND DEMONSTRATIONS The Authority may require Proposers to give oral presentations regarding their proposals and/or to exhibit or demonstrate the items they are proposing after the Closing Date. 18. DISCLOSURE OF PROPOSALS Upon submission, proposals and other materials submitted by Proposers become records subject to the Freedom of Information Law of New York State (FOIL). The Authority may deny the public access to such records or applicable portions thereof which "are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise," "are specifically exempted from disclosure by state or federal statute," or are otherwise exempted from disclosure under FOIL. Proposers should mark confidential only those portions of their proposals which they believe are not required to be disclosed under FOIL, and specifically set forth the basis and justification therefor. The Authority, however, is obligated to disclose information consistent with the requirements of FOIL notwithstanding any such markings made by Proposers.

19. NEGOTIATIONS The Authority reserves the right to: A. reject all proposals submitted; B. accept any proposal or alternate proposals as submitted without negotiations; C. require revisions to, corrections of, other changes to any proposal submitted as a

condition to its being given any further consideration; D. reject, without entertaining revisions, a proposal with major substantive

deficiencies; E. select for negotiations only the overall best proposal or alternate submitted, as

determined by the Authority; F. negotiate with those Proposers whose acceptable proposals or alternates fall

within the competitive range; G. negotiate with one or more Proposers in any manner it deems fit. In the event the Authority chooses to negotiate with more than one Proposer, it may, following the conclusion of all negotiations, issue a revised RFP or portion thereof containing, among other things, any matter, offer, condition or enhancement elicited from or proposed or suggested by any Proposer during the course of such negotiations, and solicit Best and Final Offers (BAFOs) from such Proposers, or solicit BAFOs utilizing another appropriate procedure. After receipt of BAFOs, the Authority reserves the right to (a) reopen negotiations; (b) accept improvements to, enhancements of or

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other revisions to any proposal or alternate proposal at any time if it deems such to be in its best interest. No Proposer shall have any rights against the Authority arising at any stage of the solicitation from any negotiations that take place, or from the fact that the Authority does not select a Proposer for negotiations.

20. PROPOSAL EVALUATION All proposals shall be subject to evaluation by a committee of Authority personnel. Proposals will first be evaluated with respect to the threshold criteria below and any Proposal that does not meet these threshold criteria requirements will be eliminated from further evaluation. In order to qualify as a responsible Proposer and be eligible for award, in addition to other requirements herein provided, a Proposer must be prepared to prove to the satisfaction of the Authority that it has the integrity, skill, and experience to faithfully perform the Contract and that it has the necessary facilities and financial resources to perform the Work in a satisfactory manner and within the time specified. All Proposers shall complete and submit a Responsibility Questionnaire (Schedule J) with their Proposal in accordance with the instructions in Part I, number 1 of the Questionnaire. The Authority will make the award to the responsible Proposer whose proposal is most advantageous to the Authority. Accordingly, the Authority may not necessarily make an award to the Proposer with the highest technical ranking nor award to the Proposer with the lowest price proposal if doing so would not be in the overall best interest of the Authority. The overall evaluation criteria listed below in this Paragraph 20 are listed in descending order of importance. To ensure consideration, proposals must be complete and contain all the information required by this RFP including information needed to assess the evaluation criteria described herein. A. Overall Project Cost

(1) The evaluation of the Proposal price will include, but not be limited to, the cost of the Units, special tools, test equipment, training manuals, interactive electronic technical manuals, advance payment, performance and warranty bonds, warranty, price impact of proposed changes to Terms and Conditions, and other matters with pricing or cost implications to the Authority.

(2) With respect to financing, credit may be given to Proposers for alternative

financing (direct vendor financing, non-vendor financing and leasing options) made available to the Authority. Financing rates and associated

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costs will be compared to a blended MTA tax exempt bond interest rate (“MTA rate”). The MTA rate is currently estimated at 4.32%. For evaluation purposes, the prices submitted will be evaluated in terms of the applicable net present value, and adjusted for any variations in payment terms or other items with similar cost implications.

B. Credit for New York State Content

(1) Proposers are encouraged to maximize the extent to which the Contract

will be performed at sites within the State of New York or will include the use of goods produced or services provided within the State of New York ("NYS Content").

(2) An evaluative credit from the Total BAFO Price per bus (the Total BAFO

Price divided by the quantity of buses) based upon the overall percentage of NYS Content shall be applied as follows:

a. 100% of the amount of the Total BAFO Price which is ascribed to

goods produced at manufacturing facilities which are located in the State of New York.

b. 100% of the amount of the Total BAFO Price for any services to be performed at facilities or physical offices located in the State of New York or any services arranged by a firm at its facilities or in its offices which are located in the State of New York.

c. 25% of the amount of the Total BAFO Price ascribed to goods produced or services performed outside the State of New York and distributed by or acquired from a Supplier having a place of business in the State of New York.

(3) The Proposer whose BAFO contains the highest overall NYS Content

shall receive a credit equal to 10% of the Lowest Total BAFO Price per bus submitted;

(4) Each other Proposer shall be afforded a credit calculated as follows: 10% of the Lowest Total BAFO Price per bus submitted multiplied by a ratio in which the numerator shall be the percentage of the NYS Content contained in such Proposer’s BAFO and the denominator shall be the percentage of NYS Content submitted by the Proposer containing the highest percentage of NYS Content. Example: Lowest Total BAFO Price per bus x 10% x Proposed % NYS Content______ Highest Proposed % NYS Content (5) Notwithstanding the above, the Authority reserves the right to extend a

credit for NYS Content to the full extent consistent with applicable law.

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C. Overall Quality of Proposer and Product

Assessed rating of overall quality and other factors impacting operations, including but not limited to a review of such elements as: (1) Reliability based on MDBF for bus and subsystem statistics; (2) Vehicle performance on the basis of fuel economy (mpg); (3) Proposer’s responsiveness based on the ability to support its product

through training, technical support/documentation and field service; (4) Production process/methodology in the bus build, the quality derived from

such process and timeliness of delivery on prior contracts; (5) Maintainability with respect to time to complete core maintenance jobs,

review of standard repair times; (6) Structural quality based on type of material used, history of structural

problems and warranty experience; and (7) Noise reduction by reviewing results and efforts in reducing interior and

exterior noise levels to meet and exceed NYCT specifications.

The Authority will assess a score for each of the above referenced elements. A Total Score of 100 points, for 1 through 7 above, will earn 100% of the available evaluative credit which is equal to 10% of the Lowest Total BAFO Price per bus. For example, if the Lowest Total BAFO Price per bus is $100,000 then each point received will be worth $100 in evaluative credit. Example: Lowest Total BAFO Price per bus x 10% x Points Received 100 Points

D. Other Relevant Matters

(1) Overall adherence to the requirements of this RFP in terms of quality and

completeness (2) Other relevant matter(s) not expressly covered above, including issues

raised after the release of this RFP, including but not limited to acceptance of Authority's proposed terms and conditions or willingness to offer the Authority cost savings or other value resulting from Proposer's proposed additions or changes, if any, to the Terms and Conditions and Technical Specifications

(3) Quality and thoroughness of Oral Presentations and/or written narrative proposal

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E. Delivery Schedule All Buses under the Base Contract and pursuant to any Option award must be delivered within 130 weeks from Notice of Award.

21. CONTRACT AWARD A. Base Contract

In general, Contract(s) resulting from this solicitation will be awarded to the qualified Proposer(s), whose proposal the Authority believes will be the most advantageous to the Authority, cost and other evaluation factors considered. The Authority reserves the right to split the award of the Base Contract and any subsequent Option Award in the event the Authority determines such action to be in its best interest. Any award will be contingent upon approval by the Authority's Board. No Contract shall be effective until the Authority issues a Notice of Award. The Authority will endeavor to notify all other Proposers of the selected proposal(s).

B. Option Award

In the event the Authority wishes to exercise its Option, the procedures set forth in Article 6A of the Contract Terms and Conditions shall apply.

22. TAX EXEMPTION Proposers are advised that the provisions of the New York State Tax Law provide an exemption for NYCT from sales and compensating use taxes on all tangible personal property (materials, equipment and components) sold to Contractors/Subcontractors in connection with the work required by any Contract to be awarded pursuant to this RFP and which will become an integral component part. No amount shall be included in the Price Proposals for any possible sales or compensating use taxes on such personal property and such Price Proposals shall be deemed to exclude any such taxes. 23. MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PROGRAM The Authority has established a Minority and Women Owned Business Enterprise (M/WBE) program pursuant to New York State law and regulations (see Schedule K). Prior to award of any resulting Contract, Proposers will be required to complete all required Business Programs Documents (see Attachment F). 24. PROPOSAL PROTEST

A. Protests will only be accepted from prospective or actual Proposers whose direct

economic interest would be affected by the award or non-award of the Contract. Protests must be in writing and will generally not be considered unless submitted within five (5) business days from the date the protester knew or should have

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known the facts forming the basis of the protest. Protests prior to a proposal due date should be filed not later than five (5) business days prior to the due date in order to be considered timely. Unsolicited supplemental protest submissions will generally not be considered. Protest must include at least the following information: name, address, e-mail, telephone and fax numbers of the protester, the solicitation or contract number, a detailed statement of the legal and factual grounds for the protest including copies of relevant documents and a statement as to what relief is requested. A protest found by the Chief Procurement Officer or his or her designee (the “Protest Officer") in his or her sole discretion to be patently without merit or not brought in a timely manner shall be rejected without further consideration. The Protest Officer may take any action or make any requests he or she deems necessary in order to investigate the protest and develop a recommendation or disposition of the protest.

B. The Chief Procurement Officer may determine that an award must be made prior

to resolution of the protest when the Authority determines that: (1) the items to be procured are urgently required; or (2) delivery or performance will be unduly delayed by failure to make the

award promptly; or (3) failure to make prompt award will otherwise cause undue harm to the

Authority. The protestor will be given a written notice of the decision to proceed with the award.

25. ENVIRONMENTAL MATTERS AND COMPLIANCE WITH LAWS, RULES

AND REGULATIONS A. The Contractor must comply with all applicable laws, rules and regulations in the

performance of the Work. Attention is called to provisions in the Contract Documents regarding environmental matters that must be observed by the Contractor in the execution of the Work on Authority property, consisting, among others, of safety of operations, noise control, prevention and/or control of air pollution, removal of waste materials, storage of construction materials, protection against fire, minimum disturbance to pedestrian and vehicular traffic, maintaining use of public facilities, and protection against dust hazards. These matters are specifically enumerated merely as a guide. The enumeration is not a complete list of environmental matters to be observed and does not exclude matters contained in this Contract or matters applicable by virtue of City, State or Federal law, rule or regulation which are not specifically designated in this paragraph or in this Contract. All environmental provisions will be strictly enforced.

The Contractor must comply with applicable standards, orders or regulations pursuant to the Federal Clean Air and Water requirements set forth in Article 106

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and Article 107 of the Federal Contract Provisions. If either the State or City air pollution control agency has more restrictive standards, they shall be enforced. The evidence and related documents will be retained by the Authority for on-site examination by appropriate enforcement agencies.

B. In accordance with New York State Finance Law Sec. l67-b, the Authority is

prohibited from requiring or permitting the use of any tropical hardwood or wood products as defined in Sec. l67-b. Proposers are advised to Article 106 and Article 107 of the Federal Contract Provisions, "Prohibition on the Purchase of Tropical Hardwoods".

Any proposal submitted in response to this solicitation which proposes or calls for the use of any tropical hardwood or wood product in the performance of this Contract shall be deemed non-responsive, unless it is determined by the Authority that the use of the tropical hardwood or wood product is permitted as an exception to Sec. l67-b. If a Proposer believes that it may use tropical hardwood or wood product under an exception to the provisions of Sec. l67-b, a request for a determination should be made in writing, to the Senior Director, at least ten (10) days prior to the scheduled proposal due date.

26. OMNIBUS PROCUREMENT ACT OF 1992 A. It is the policy of New York State to maximize opportunities for the participation of

New York State business enterprises, including minority and women-owned business enterprises as Proposers, Subcontractors and Suppliers on its procurement contracts.

B. Definitions:

(1) “New York State Business Enterprise” shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which offers for sale or lease or other form of exchange, goods which are sought by the Authority and which are substantially manufactured, produced or assembled in New York State, or services which are sought by the Authority and which are substantially performed within New York State.

(2) “Foreign Business Enterprise” shall mean a business enterprise, including

a sole proprietorship, partnership, or corporation, which offers for sale or lease or other form of exchange, goods sought by the Authority and which are substantially produced outside New York State, or services which are sought by the Authority and which are substantially performed outside New York State.

(3) “New York Resident” shall mean a natural person who maintains a fixed,

permanent and principal home located within New York State and to which such person, whenever temporarily located, always intends to return.

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(4) “Procurement Contract” shall mean any written agreement entered into by the Authority for the acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more. The term does not include an agreement for employment in civil service.

(5) All Proposers submitting a Proposal equal or greater than one million

dollars ($1,000,000) shall provide notification to New York State business enterprises of opportunities to participate, in this contract, as Subcontractors or Suppliers.

(6) Proposers are advised that information on the availability of New York

State Subcontractors and Suppliers is available from:

New York State Department of Economic Development Division for Small Business 30 South Pearl St., 7th Floor

Albany, N.Y. 12245 Phone: (518) 292-5220 Fax: (518) 292-5853

(7) Proposers are advised that a Directory of certified minority and women-

owned business enterprises may be accessed on-line at www.empire.state.ny.us (once at the site, click on “ESD’s Business Services” to access “Minority/Women Business.” Proposers who have a question concerning the Directory should contact the:

Empire State Development

Division of Minority & Women Business Development 30 South Pearl St. Albany, NY 12245

Phone: (518) 292-5250 Fax: (518) 292-5803

(8) The Authority is required to collect specifications of New York State business enterprises to be used in the development of specifications for the purchase of goods. To assist New York State business enterprises that wish to submit their specifications to the Authority, a copy of the “Stock Item Specification Form” may be obtained from:

New York City Transit Authority

2 Broadway, Stone Street Entrance New York, NY 10004

Attention: Bid Administration Unit Hours: Monday - Friday 9:00 a.m. – 4:00 p.m., excluding holidays

Phone: (646) 252-6101 Fax: (646) 252-6108/6109

(9) Proposers located in a foreign country are notified that the State may assign or otherwise transfer offset credits created by any procurement contract of one million dollars ($1,000,000) or more to third parties located

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in New York State, and that Proposers shall be obligated to cooperate with the State in any and all respects in making such assignment or transfer, including but not limited to, executing any and all documents deemed by the State to be necessary or desirable to effectuate such assignment or transfer, and using their best efforts to obtain recognition and accession to such assignment or transfer by any applicable foreign government.

C. Proposers are hereby notified that state agencies and authorities are prohibited

from entering into contracts with businesses whose principal place of business is located in a discriminatory jurisdiction. “Discriminatory jurisdiction” is defined as any other country, nation, province, state or political subdivision which employs a preference or price distorting mechanism to the detriment of, or otherwise discriminates against, a New York State business enterprise in the procurement of commodities and services by the same or a non-governmental entity influenced by the same. A list of discriminatory jurisdictions is maintained by the commissioner of the NYS Department of Economic Development.

27. METROPOLITAN TRANSPORTATION AUTHORITY VENDOR CODE OF

ETHICS Proposer’s Certification of Compliance with the MTA Vendor Code of Ethics (the “Code”): All Vendors, as defined by the Code, involved in this Solicitation and during the performance of any resultant contract are subject to the Code, which is available for Proposer’s immediate review on the MTA website at www.mta.info/mta/procurement/vendor-code.htm. Accordingly, all Proposers must certify compliance with the Code. Certification of Compliance with the MTA Vendor Code of Ethics is incorporated within the Proposer’s Execution Form (Attachment X).

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ARTICLE 1 DEFINITIONS AND RULES OF CONSTRUCTION...................................................................................1 ARTICLE 2 AGREEMENT ................................................................................................................................................7 ARTICLE 3 PROJECT DESCRIPTION.............................................................................................................................7 ARTICLE 3A MEETINGS ....................................................................................................................................................9 ARTICLE 3B SYSTEM QUALIFICATION TESTING .....................................................................................................10 ARTICLE 3C SYSTEM FIRST ARTICLE INSPECTION AND PROCESS AUDIT ........................................................10 ARTICLE 3D POST-AWARD CONTINUOUS IMPROVEMENT ACTIVITIES.............................................................11 ARTICLE 4 CHARACTER OF WORK ...........................................................................................................................11 ARTICLE 4A INTERCHANGEABILITY ..........................................................................................................................12 ARTICLE 5 TERM OF CONTRACT ...............................................................................................................................12 ARTICLE 6 TIME FOR COMPLETION AND DELIVERY ...........................................................................................12 ARTICLE 6A OPTION BUSES...........................................................................................................................................19 ARTICLE 7 LIQUIDATED DAMAGES..........................................................................................................................22 ARTICLE 8 ACCEPTANCE ............................................................................................................................................23 ARTICLE 9 REJECTION .................................................................................................................................................25 ARTICLE 10 SPECIFIC GUARANTEES/WARRANTIES...............................................................................................25 ARTICLE 11 FLEET DEFECT...........................................................................................................................................33 ARTICLE 12 NON-WARRANTY......................................................................................................................................34 ARTICLE 13 WARRANTY NOT TO BE VOIDED..........................................................................................................34 ARTICLE 14 RISK OF LOSS.............................................................................................................................................34 ARTICLE 15 PRICE TO INCLUDE/ INVOICE AND PAYMENT ..................................................................................35 ARTICLE 16 CONTRACTOR'S LOCAL MAINTENANCE FACILITY .........................................................................39 ARTICLE 17 TITLE TO EQUIPMENT .............................................................................................................................39 ARTICLE 18 AUTHORITY FURNISHED EQUIPMENT ................................................................................................39 ARTICLE 19 MANUALS AND OTHER CONTRACTOR’S SUPPORT REQUIREMENTS..........................................40 ARTICLE 19B LONG TERM PARTS PROVISIONING AND PRICING ..........................................................................49 ARTICLE 20 TRAINING ...................................................................................................................................................50 ARTICLE 21 BUY AMERICA STEEL..............................................................................................................................54 ARTICLE 22 NO THIRD PARTY BENEFICIARIES .......................................................................................................57 ARTICLE 23 EFFECT OF APPROVAL ............................................................................................................................58 ARTICLE 24 EFFECT OF FAILURE TO COMMENT OR APPROVE ...........................................................................58 ARTICLE 25 DISCLAIMER ..............................................................................................................................................58 ARTICLE 26 CONTRACTOR'S RESPONSIBILITY........................................................................................................59 ARTICLE 27 FUMIGATION/EXTERMINATION ...........................................................................................................59 ARTICLE 28 SPARE PARTS.............................................................................................................................................59 ARTICLE 29 INSURANCE................................................................................................................................................60 ARTICLE 30 SECURITY FOR PERFORMANCE ............................................................................................................60 ARTICLE 30A SECURITY FOR WARRANTY PERIOD ...................................................................................................62 ARTICLE 31 NOTICES......................................................................................................................................................64 ARTICLE 32 CONSENT OF AUTHORITY REQUIRED FOR SUBCONTRACTING, SUBLETTING OR

ASSIGNMENT.............................................................................................................................................64 ARTICLE 33 CHANGES....................................................................................................................................................65 ARTICLE 34 EXTENSION OF TIME ...............................................................................................................................65 ARTICLE 35 REMEDIES IN CASE OF DEFAULT & TERMINATION FOR CAUSE..................................................67 ARTICLE 36 TERMINATION FOR CONVENIENCE BY THE AUTHORITY..............................................................68 ARTICLE 37 AUTHORITY OF THE PROJECT MANAGER..........................................................................................69 ARTICLE 38 DISPUTES....................................................................................................................................................70 ARTICLE 39 WITHHOLDING MONEY DUE CONTRACTOR TO MEET CLAIMS OR LIENS.................................70 ARTICLE 40 CLAIMS BY CONTRACTOR .....................................................................................................................71 ARTICLE 41 SUBSTITUTION OF APPROVED SECURITIES.......................................................................................71 ARTICLE 42 USE OF MONIES WITHHELD...................................................................................................................72 ARTICLE 43 NEW YORK LAWS / CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE.....................73

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ARTICLE 44 STATUTE OF LIMITATIONS ON RIGHT TO SUE THE AUTHORITY/NO CLAIM AGAINST AUTHORITY OFFICERS, AGENTS OR EMPLOYEES ...........................................................................73

ARTICLE 45 AUTHORITY MAY AVAIL ITSELF OF ALL REMEDIES ......................................................................74 ARTICLE 46 RELATIONSHIP BETWEEN THE AUTHORITY AND OTHERS ...........................................................74 ARTICLE 47 LIABILITY AND INDEMNIFICATION.....................................................................................................74 ARTICLE 48 PATENTS, COPYRIGHTS AND INFRINGEMENT CLAIMS..................................................................75 ARTICLE 49 GENERAL REPRESENTATIONS AND WARRANTIES..........................................................................76 ARTICLE 50 NO ESTOPPEL AND NO WAIVER ...........................................................................................................79 ARTICLE 51 SEVERABILITY ..........................................................................................................................................79 ARTICLE 52 SAFETY PRECAUTIONS ...........................................................................................................................79 ARTICLE 53 BOOKS AND RECORDS/AUDIT AND EXAMINATION........................................................................80 ARTICLE 54 SUBCONTRACTOR/SUPPLIER BOOKS AND RECORDS .....................................................................80 ARTICLE 55 QUALITY ASSURANCE ............................................................................................................................80 ARTICLE 56 QUALITY CONTROL .................................................................................................................................80 ARTICLE 57 INSPECTION AND EVALUATION...........................................................................................................82 ARTICLE 58 COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS/ ENVIRONMENTAL MATTERS ......82 ARTICLE 59 FINAL PAYMENT TO ACT AS RELEASE...............................................................................................83 ARTICLE 60 INDEPENDENT CONTRACTOR ...............................................................................................................83 ARTICLE 61 CONTRACTOR’S EMPLOYEES................................................................................................................83 ARTICLE 62 CONFIDENTIALITY / ADVERTISING LIMITATION.............................................................................84 ARTICLE 63 TAX EXEMPTION ......................................................................................................................................84 ARTICLE 64 ANTITRUST ASSIGNMENT......................................................................................................................85 ARTICLE 65 GRAND JURY TESTIMONY......................................................................................................................85 ARTICLE 66 CONTRACT DOCUMENTS CONTAIN ALL TERMS..............................................................................85 ARTICLE 67 CONTRACTOR HAS EXAMINED CONTRACT ......................................................................................86 ARTICLE 68 ALL LEGAL PROVISIONS INCLUDED ...................................................................................................86 ARTICLE 69 EQUAL EMPLOYMENT OPPORTUNITY FOR MINORITY GROUP MEMBERS & WOMEN ...........86 ARTICLE 70 NEW YORK STATE CONTENT ................................................................................................................88 ARTICLE 71 ORDER OF PRECEDENCE ........................................................................................................................88 ARTICLE 72 ASIAN LONGHORNED BEETLE ..............................................................................................................89 ARTICLE 73 PARENT GUARANTY................................................................................................................................89

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ATTACHMENTS AND SCHEDULES ATTACHMENTS Attachment A CP-8 Forms Attachment B Performance Bond Template Attachment C Warranty Bond Template Attachment D Letter of Credit Template Attachment E Major System Suppliers (to be completed by Contractor) Attachment F Business Program Documents (to be completed by Contractor) Attachment G Schedule of Rates for Services Rendered to Outside Parties Attachment H Prompt Payment Statement Attachment I NOT USED Attachment J Work Order Sample Attachment K NYCT Acceptance Document Sample Attachment L Delivery Schedule (to be completed by Contractor) Attachment M Post Delivery Inspection Sample Attachment N Extended Warranty Coverage Matrix (includes applicable parchments) Attachment O NOT USED Attachment P Structural Warranty Components Coverage (to be completed by Contractor) Attachment Q First Article Inspection (FAI) List Attachment R Bus Configuration Overview (to be provided by Contractor) Attachment S Authority Observed Holidays Attachment T Letter of Guaranty Template Attachment U Alternate Supplier Information Forms Attachment V Diagnostic Tools List (to be completed by Contractor) Attachment W Price Proposal (to be completed by Contractor) Attachment X Proposer’s Execution Form Attachment Y Invoice Affidavit Template (to be completed by Contractor) Attachment Z Price Build Up Form (to be completed by Contractor) Attachment AA Suppliers and Subcontractors contributing $1M or more Template

(to be completed by Contractor) Attachment BB Sample Exceptions and Deviations Template Attachment CC Sample of current EEO-1 Form Attachment DD Standard Guidelines for Delivering Capital Spares into the Storeroom

SCHEDULES Schedule A Insurance Requirements Schedule J Responsibility Questionnaire Schedule K Opportunities for Minority and Women-Owned Business Enterprises Schedule S Iran Energy Sector Divestment Certification Schedule W Compliance with NYS Finance Law Schedule Y Diesel Emissions Reduction Act - DERA

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CONTRACT TERMS AND CONDITIONS Contract No. B40656

Furnish and Deliver 690 Low Floor 40-Foot Clean Diesel Buses

ARTICLE 1 DEFINITIONS AND RULES OF CONSTRUCTION A. The following terms used in this Contract shall, except where, by the context, it is clear

that another meaning is intended, be construed as follows: 1. “Acceptance” or “Accepted” shall mean the Authority has determined that the Bus has

been built in accordance with the requirements of the Contract documents and is fit for revenue service.

2. "Addenda" or "Addendum" shall mean any additional Contract provisions relating to the

Contract issued in writing by the Authority prior to the Award Date.

3. "Authority" or the initials "T.A.," “NYCT,” "N.Y.C.T.," or “NYCTA” shall mean the New York City Transit Authority, a public benefit corporation existing by virtue of the Public Authorities Law Title 9 of Article 5 and any other authority, board, body, commission official or officials to which or to whom the powers now belonging to the said Authority in respect to the location, construction, equipment, maintenance and operation of transit facilities shall by virtue of any act or acts, hereinafter pass or be held to appertain.

4. "Award Date" shall mean the date the Notice of Award is issued.

5. "Bus", "Coach" "coach", "Equipment" or "Unit" shall mean a low floor 40-foot clean diesel Bus and all its systems and sub-systems including the engine and transmission.

6. “Business Day” shall mean the days of Mondays through Fridays, exclusive of Authority Observed Holidays (See Attachment S).

7. "Chief Maintenance Officer" shall mean the individual designated by the Authority

whose responsibilities include the settling of any disputes that may arise during the execution of Work in this Contract.

8. "City" shall mean the City of New York, according to its boundaries at the date of this Contract.

9. "Classes of Failures" shall be as described below.

(a) Class 1: Physical Safety. A failure that could lead directly to injury of passenger, driver and/or results in a crash.

(b) Class 2: Road Call. A failure resulting in an enroute interruption of

revenue service. Passengers are removed from the Bus at the point of

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failure. The Bus is unable to continue in revenue service. Service is discontinued until the Bus is replaced or repaired at the point of failure.

(c) Class 3: Bus Change. A failure that requires removal of the Bus from

service during its assignments. The Bus is operable to a rendezvous point but cannot be used in passenger service until repairs are made.

(d) Class 4: Bad Order. A failure not related to safety that degrades the

operation of the Bus but does not require the Bus’ removal from service. 10. “Configuration Audit” shall mean the audit performed by the Authority to determine that

one (1) of the Pilot Buses has been built in accordance with the Technical Specifications.

11. “Configuration Bus” shall mean the Pilot Bus on which the Authority performs the Configuration Audit.

12. "Contract", "Contract Documents" or "Agreement" shall mean the Attachments, Appendices, RFP Overview and Proposal Procedures, Bidder's Proposal including Price Schedule, Contract Testimonium, Contract Terms and Conditions, Schedules deemed included (if any), Technical Specifications, Forms of Bonds, Contract Drawings (if any), all Addenda hereafter issued (if any), and the Notice of Award.

13. "Contractor" shall mean the bidder to whom this Contract is awarded, its successors and

assignees. For convenience the Contractor is hereinafter referred to as if the Contractor were an individual. The word "he" shall, as the context may require include "she", "it" and "they"; the word "him" shall include "her", "it" and "them"; and the word "his" shall include "her", "its" and "their".

14. "Contract Term" shall mean the duration of the Contract as more fully defined in Article

5 - Term of Contract. 15. "Contracting Party" shall mean the Metropolitan Transportation Authority for which the

Authority is herein acting as agent. 16. "Day" shall mean one (1) calendar day unless otherwise specified. 17. "Delivery", "Delivering", or "Delivered", or words of like import used in the Contract or

in the Technical Specifications shall mean, respectively, the delivery of, delivering of or delivered Bus or Equipment, at the point designated therefor in the Contract or in the specification.

18. “Delivery Schedule” shall mean the schedule agreed upon by the parties for the Delivery

of the Buses, attached hereto as Attachment L – Delivery Schedule. 19. "Designated Delivery Point" shall mean the location set forth in this Contract where all

Buses are to be delivered to the Authority as agreed upon by the parties. The Designated

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Delivery Point for this Contract shall be the Contractor’s Local Maintenance Facility, as further described in Article 16, or any other location agreed upon by the parties in writing.

20. "Directed", "required", "permitted", "ordered", "designated", "selected", "prescribed", or

words of like import used in the specifications or upon the drawings (if any) shall mean, respectively, the direction, requirement, permission, order, designation, selection or prescription of the Project Manager; and similarly the words "approved", "approved manner", "approval", "acceptable", "satisfactory", "equal", "necessary", or words of like import shall mean, respectively, approved by, or acceptable or satisfactory to, or equal, or necessary in the opinion of the Project Manager.

21. "Disputes Resolution Officer" or "DRO" or “Chief Maintenance Officer of the

Department of Buses” shall mean the individual designated by the Authority to resolve disputes between the parties.

22. "DOT" shall mean the United States Department of Transportation. 23. "Engineer" or "Assistant Chief Officer" or "ACO" or “Assistant Chief Maintenance

Officer” or “ACMO” or "Project Manager" shall mean the individual designated by the Authority to administer this Contract or his duly authorized representative and any successor or successors duly appointed or any deputy or substitute for him who shall be appointed by the Authority, provided Contractor shall have received notice of such designation or appointment.

24. “Failure Mode and Effects Analysis” or “FMEA” shall mean an evaluation of the effects of failures on the safety sensitive systems of the Bus.

25. “First Article Inspections” (FAI) shall mean the inspection of the Contractor’s first sub-

system to verify compliance with the Authority’s Specifications. 26. "Force Majeure" shall mean the acts of God, fire, earthquake, explosion, epidemic, riots,

civil disturbance, strike, war, injunctions of governmental entities, embargoes and blockades and other similar events of like effect beyond the control of either party.

27. "Furnishing" or “Furnishes” shall mean producing, manufacturing, fabricating, and completely assembling all materials, plant, power, tools, pattern, supplies, appliances, vehicles and conveyances including, but not limited to, all deliverables necessary or required for the completion of the Work.

28. “Gross Sum Contract Price” or “Total Contract Price” shall mean the total price of the

items set forth in the Price Schedule of the Proposer’s Proposal and is the amount referred to in Article 15 – Price to Include/Invoice and Payment, for all costs and expenses of completing the Work.

29. "Inspector" shall mean any representative of the Project Manager designated to act as an

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inspector. 30. "Law" shall mean the Constitution of the State of New York, the New York City Charter,

the City Code, and each and every other law, rule, regulation, requirement, order, judgment, decree, or ordinance of every kind whatsoever issued by any government entity, including the government of the United States, applicable to or affecting the Contract, the Work and all persons engaged in the Work (including any of the foregoing which concern health, safety, environmental protection, and non-discrimination).

31. "Legal Proceeding" shall mean every action, litigation, arbitration, administrative

proceedings, and other legal or equitable proceeding of any kind whatsoever. 32. "Liens" shall mean any and every lien of any kind whatsoever against the Work, any

monies due or to become due from the Authority to Contractor, and/or any other property of the Authority, for or on account of the Work, including any Public Lien.

33. “Lot” shall mean a group of Buses as follows:

Lot 1 shall mean Bus #s 1 – 88 Lot 2 shall mean Bus #s 89 – 174 Lot 3 shall mean Bus #s 175 – 260 Lot 4 shall mean Bus #s 261 – 346 Lot 5 shall mean Bus #s 347 – 432 Lot 6 shall mean Bus #s 433 – 518 Lot 7 shall mean Bus #s 519 – 604 Lot 8 shall mean Bus #s 605 – 690

34. “Major System Suppliers” shall mean the Suppliers providing Major Systems to the

Contractor, being the Suppliers listed in Attachment E – Major Systems Suppliers. 35. "Major Systems" shall mean engine, transmission, exhaust emissions treatment,

hydraulic, cooling, fuel, suspension, axles, steering, air, braking, door, climate control (HVAC), wheelchair ramp, fire suppression, electrical and electronics, electronic signage, structure/chassis and frame, exterior body, interior body, bumper, flooring, window, passenger seating, and lighting system.

36. "Manufacturer" -- See "Supplier." 37. "MTA" shall mean the Metropolitan Transportation Authority and any other board, body,

commission, official or officials to which or to whom the powers now belonging to the said authority in respect to the planning, financing, location, construction, equipment, maintenance and operation of mass transportation facilities or the purchase of Buses under the provisions of Article 5, Title 11 of the Public Authorities Law of the State of New York shall, by virtue of any act or acts, hereafter pass or be held to appertain.

38. "Necessary" or words of like import shall mean, respectively, approved by, or acceptable

or satisfactory to, or equal, or necessary in the opinion of the Project Manager.

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39. "New York City Transit System” shall mean the transit system within the City of New

York operated by the New York City Transit Authority. 40. "New York State" shall mean the State of New York. 41. "Notice" or "notice" shall mean a written notice. 42. "Notice of Acceptance" shall mean Notice given by the Authority to the Contractor that

the Bus has passed all required tests and is being accepted by the Authority into revenue service.

43. "Notice of Award" or “NOA” shall mean document that apprises the Contractor that this

Contract has been approved by the Authority. 44. "Notice to Proceed" or "NTP" shall mean the notice to the Contractor from the Project

Manager, which authorizes Contractor to commence production.

45. "Original Equipment Manufacturer" or "O.E.M." shall mean the standards, requirements, and recommendations of the respective Manufacturer.

46. “Pilot Buses” shall mean the first two (2) Buses to be provided by the Contractor under

this Contract. 47. "President" shall mean the President of the Authority and any successor or successors

duly appointed or any deputy or substitute for him who shall be appointed by the Authority.

48. “Preventive Maintenance Plan” shall mean the plan prepared by the Contractor and agreed upon by the Authority for the preventive maintenance of each Bus delivered pursuant to this Contract.

49. “Procurement Representative” shall mean the Chief Officer, Procurement, or his duly

authorized representative. 50. “Production Buses” shall mean Buses #3 - #690 to be delivered under this Contract. 51. “Qualification Tests” shall mean the testing of the performance of certain components

and specific areas of the Bus, as listed in Appendix A of the Technical Specifications. 52. “Quality and Configuration Verification” shall mean the quality and configuration review

performed by the Authority to determine that the first Production Bus of each Lot has been built in accordance the Technical Specifications, with specified modifications, additions and/or particulars as set forth in the “Bus Configuration Overview,” Attachment R.

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53. “Quality Audit Bus” shall mean the first Production Bus of each Lot (Bus #3, #89, #175, #261, #347, #433, #519 and #605) which is subject to the Quality and Configuration Verification.

54. "SI System" shall mean the International System of Units. 55. "Standee Line" shall mean a line marked across the coach aisle in line with the driver's

barrier to designate the forward area, which passengers may not occupy when the coach is moving.

56. "State" -- See "New York State". 57. "Subcontractor" shall mean an individual or organization who enters into a contract to

furnish labor or services only or labor and materials or apparatus in connection with the Work directly or indirectly for or on behalf of the Contractor and whether or not in privity of Contract with the Contractor.

58. "Subsystem" shall mean a combination of components, parts, and/or Subsystems,

whether or not mechanical in nature, which, when performing together or taken as a whole constitutes or provides the discrete function of a part of a System of the Bus. For purposes of this definition, a component, or part of a given Subsystem may also comprise a component or part of a different Subsystem.

59. "Supplier" shall mean an individual or organization who furnishes materials, equipment

or supplies to the Contractor either directly or indirectly for incorporation in the Work.

60. "System" shall mean a combination of Subsystems, components and/or parts, whether or not mechanical in nature, which, when performing together or taken as a whole constitutes or provides a discrete operation, function or subdivision of the Bus. For purposes of this definition, a Subsystem, component or part comprising a given System may also comprise a different System.

61. "Work" or "Project" shall be defined as all the required obligations of the Contractor

hereunder, including but not limited to, the performance of any labor or services, the supplying of any goods or materials, the furnishing or repair and/or remanufacture of any equipment or any other resources or requirements or deliverables necessary to perform, construct, accomplish and complete this Contract's objectives as stated in Article 3 – Project Description.

62. "Working Drawings" or "Drawings" shall mean all drawings necessary or required for the

execution of the work. B. RULES OF CONSTRUCTION 1. References to any agreement or other instrument shall be deemed to include such

agreement or other instrument as it may, from time to time, be modified, amended,

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supplemented, or restated in accordance with its terms.

2. The terms "hereof," "herein," "hereby," "herewith," "hereto," and "hereunder" shall be deemed to refer to this Contract.

3. The headings of the Paragraphs are inserted for convenience only and shall not affect the

construction or interpretation of this Contract.

4. All references to "business days" or “Business Days” shall be deemed to be references to the days of Mondays through Fridays, exclusive of Authority-observed holidays (See Attachment S), unless otherwise stated.

5. All notices hereunder must be in writing, in accordance with Article 31 - Notices, unless

expressly indicated otherwise.

6. As used herein the singular shall mean and include the plural; the masculine gender shall mean and include the feminine and neuter genders; and vice versa.

ARTICLE 2 AGREEMENT The Contractor agrees to perform the Work in accordance with requirements and terms and provisions hereinafter set forth in the Contract Documents. In consideration for the complete, satisfactory and proper performance thereof by the Contractor, the Authority agrees to pay to the Contractor, and the Contractor agrees to accept as full compensation therefor, the sums of money set forth in the Price Schedule at the time and in the manner and upon the terms and conditions hereinafter set forth in the Contract Documents. For purposes of this Contract, it is understood that the Authority is acting for itself and on behalf of the MTA and that all rights and liabilities pertaining to the Authority hereunder shall extend in every respect to the MTA. ARTICLE 3 PROJECT DESCRIPTION A. The Work to be performed under this Contract may briefly be described as designing,

manufacturing, testing, furnishing and delivering to NYCT, six hundred ninety (690) low floor, 40-foot, clean diesel Buses in accordance with the Contract Documents.

B. The prices include compensation for the Work required to be performed under the terms

and conditions of the Contract Documents (except for Authority-supplied equipment, as set forth in Article 18 - Authority Furnished Equipment), including: all overhead, fees and profits; the cost of providing storage or yards and storage facilities; all demurrage costs on account of the nature of the Work or the action of the elements; the cost of administration, superintendence and insurance; all loss or damage arising out of the nature of the Work or from any unforeseen difficulty encountered in the execution of the Work; and all risks and expenses of any description connected with the Work.

C. The Authority will pay and the Contractor shall receive in full compensation for

performance of the Work in accordance with the Contract Documents and for all matters

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in connection therewith described in Article 10 - Specific Guarantees/Warranties, and everything incidental and necessary thereto, the prices contained in the Price Schedule and quantities stated in the NOA, or as otherwise provided in the Contract. Additional compensation to the Contractor or credits to the Authority may be paid pursuant to Change Orders as provided in Article 33 - Changes.

D. Without exception, all technical information, drawings, nameplates, etc. shall be written

in the English language. For all means of communications, i.e., letters, cables, telephone conversations, meetings, etc., the English language shall be used. The standard American system of measurements shall be used in connection with this Contract unless otherwise specified.

E. The details of the Work are given in the Technical Specifications and in the Attachments

and Appendices, all of which form a part of this Contract. Notwithstanding anything in the Contract to the contrary, it is understood by the Contractor that these Technical Specifications, Attachments and Appendices are provided by the Authority solely for the purpose of describing in general terms the performance required from each Bus and from its Systems and Subsystems and do not in any way constitute a design by the Authority of the Bus or of such Systems or Subsystems. It is further understood that the Authority makes no warranties whatsoever concerning such Technical Specifications, Attachments or Appendices.

F. Authority Option

1. The Authority has the option to purchase up to seven hundred (700) additional Buses (“Option Buses”) on the same terms and conditions as the Base Order in the manner described in Article 6A.

2. The Authority may exercise its option, in such quantities and in multiple orders

(each order to be referred to as an “Option Order”) as desired by the Authority, for up to five (5) years from the Contract Award Date, to be delivered as soon as may be accommodated by the Contractor’s production schedule at the time of the Option Order. This option may be exercised in the sole discretion of the Authority upon written notice to the Contractor. In the event the Authority exercises its option to purchase Option Buses, wherever the term “Bus” is used in this Contract alone or as part of another term (e.g., Pilot Bus) it shall be understood to mean the Option Bus and/or have application to an Option Order, as the context indicates.

G. The Buses shall include all upgrades and reconfigurations, corrective actions and

modifications which are required by the Authority to be installed (also referred to as "retrofits") based upon the Configuration Audits and adherence to the Technical Specifications for the applicable Lot.

H. The Work to be performed consists of providing all material (except as set forth in

Article 18 - Authority Furnished Equipment), labor, plant, tools, transportation, and all other items of expense necessary for performing all Work and testing all Buses as

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specified and for delivering them to the points listed in Article 16 - Contractor’s Local Maintenance Facility. The Work shall be performed as specified in the Contract Documents to meet the Delivery Schedule (See Attachment L) as specified in Article 6 - Time for Completion and Delivery.

ARTICLE 3A MEETINGS The Contractor and the Authority shall schedule pre-Pilot meetings to be held prior to the manufacture of the Pilot Buses beginning no later than two (2) weeks after the NOA. The Contractor shall submit any required documentation in advance of the pre-Pilot meetings. 1. The Contractor shall hold the above referenced pre-Pilot meetings at a location

determined by the Authority. All the issues/questions raised at the pre-Pilot meetings shall be resolved in accordance with the Technical Specifications and in the Attachments and Appendices to the parties’ mutual satisfaction within fifteen (15) days after the pre-Pilot meeting at which it was raised. Manufacture of the Pilot Buses shall be in accordance with Contract Documents and consistent with the resolution of the issues/questions raised at the pre-Pilot meetings.

2. The Contractor shall provide the following documentation at the pre-Pilot meetings:

a. A plan for System and Bus Qualification Tests (the Test Plan)

b. The In-Service Evaluation plan for the Pilot Bus

c. Quality Plan and Quality Manual

d. FAI Plan

e. Detailed presentation of Major Systems and plans to integrate such systems into the Buses

f. Warranty Plan as per Article 10.E.

g. Service Plan including a list of the spare parts inventory that the Contractor shall maintain

h. Comprehensive list of deliverables throughout the Contract with due dates 3. Post Delivery Meetings:

a. The Contractor shall participate in daily calls with the Authority to review the out of service status of Buses beginning with the Acceptance of the first Bus and concluding with the expiration of the Bumper to Bumper Warranty Period of the last Bus Accepted.

b. The Contractor shall track weekly service issues using a master resolutions list which shall be shared with the Authority throughout the Bumper to Bumper Warranty Period. The Contractor shall continue to maintain, update and share the master resolutions list with the Authority for a period to be mutually agreed upon by the parties.

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c. The Authority and the Contractor will convene weekly to review and discuss all obvious and prevalent performance-related and operational problems beginning with the Acceptance of the first Bus and concluding five (5) years after Acceptance of the last Bus in accordance with Article 10 – Specific Guarantees/Warranties.

d. Monthly progress meetings shall be held with the Contractor and Major System Suppliers upon the Authorities request, commencing one (1) month after NOA and concluding:

i. When the parties agree that such monthly progress meetings are no longer necessary; or

ii. Twelve (12) months after the last Production Bus has been delivered, whichever occurs first.

e. Additional meetings, teleconferences and daily calls shall occur upon Authority request.

ARTICLE 3B SYSTEM QUALIFICATION TESTING

The Contractor shall conduct System Qualification Testing in accordance with the Technical Specifications including Appendix A - Bus Qualification Testing Requirements which is attached hereto and made an integral part hereof. At the Authority’s discretion, the Contractor may demonstrate compliance with certain of the testing requirements and standards set forth in the Technical Specifications by submitting previously conducted test reports and documentation for an equivalent Bus or System. If said test reports and/or documentation do not satisfy the Authority, the Authority may request additional information, documentation and/or testing. In addition, the Authority may request that any reports or data be reviewed by an independent third party consultant retained by the Authority subject to the execution by the independent third party of a confidentiality agreement acceptable to the Contractor.

ARTICLE 3C SYSTEM FIRST ARTICLE INSPECTION AND PROCESS AUDIT

1. The FAI for systems as shown in the Technical Specification Section 1.10.7 shall include

a review of the acceptance testing performed by the Systems Manufacturer and a physical examination of the System to ensure Contract compliance. In order to properly prepare for an FAI, the Contractor shall have available: drawings, the testing plan, and details of the manufacturing and assembly process, the first two (2) of which may be reviewed by the Authority prior to the event.

2. FAI details shall be provided to the Authority no less than two (2) weeks prior to the event. The Authority will, at its option, participate in the FAI. For the FAI, the Contractor shall have a complete assembly available for review. The assembly should be able to be disassembled to a level to perform a reasonable review of the assembly and its subcomponents. Additional key subcomponents should be made available for a more detailed review.

3. The Contractor shall schedule all mutually agreed upon FAIs in coordination with the

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Authority after the pre-Pilot meeting. All issues/questions raised regarding FAI shall be reviewed with the Project Manager.

4. A configuration review will be conducted on the first frame produced for the Pilot Buses to ensure that the frame has been produced in accordance with the Contractor’s drawings and specifications and in accordance with the Contract Documents. Detailed documentation including photographs shall be compiled to establish the acceptable standards and character of work for the frame. This documentation will used by NYCT and the Contractor to ensure that subsequent frames are produced to the established standard.

ARTICLE 3D POST-AWARD CONTINUOUS IMPROVEMENT ACTIVITIES Within thirty (30) days after the Award Date of this Contract, the Authority will initiate and the Contractor and its Subcontractors/Suppliers will support a process to identify, investigate and evaluate key areas of mutually beneficial opportunities and initiate projects with the aim of achieving product improvements, reducing the Authority’s costs and allowing the Contractor to share in the savings. All parties agree to support the suggested initiatives and provide reasonable resources as well as appropriate information to achieve those goals. This process should include (but not be limited to) joint idea generation, the development of a business case, mutually agreed decision-making, practical and deliverable implementation, and shared benefits. All parties hereby agree that this process will be ongoing throughout the design and production phase of the Contract. ARTICLE 4 CHARACTER OF WORK A. The Buses are to be manufactured for actual use and operation as part of an intra-urban

transit system, in the City of New York and its surrounding areas. B. In a Project of this nature it is impossible to show either all details in advance or to

forecast all exigencies precisely. Notwithstanding the provision of drawings, Technical Specifications, or other data by the Authority, the Contractor shall have the responsibility of supplying all parts and details required to make the Bus complete and ready for service even though such details may not be specifically mentioned in the drawings and specifications. Fare boxes and other items that are to be installed by the Authority shall not be the responsibility of the Contractor unless they are specified in this Contract.

C. Where no specific requirements are given, the Work shall conform to the applicable standards of nationally recognized associations which sponsor the particular type of work involved and materials shall conform to the standards of the Institute of Electrical and Electronic Engineers, American Society of Mechanical Engineers, the American Society of Heating and Ventilating Engineers and the American Society for Testing and Materials.

D. In the event of any doubt as to the meaning of any portion of the Technical Specifications

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or Contract Drawings, or in the event a standard of workmanship, material or equipment is not specified, the Contract shall be interpreted as requiring the Contractor to perform the Work in a skilled and workmanlike manner and to supply materials and equipment of the best class.

ARTICLE 4A INTERCHANGEABILITY

When technically possible and subject to the other terms and conditions of the Contract, the Contractor shall ensure compatibility in design, manufacture, and installation (“Interchangeability”) among the Buses and their components. ARTICLE 5 TERM OF CONTRACT The term of Contract shall be from the NOA until the expiration of the twelve (12) year structural warranty on the last Bus for which the Authority issues a Notice of Acceptance. ARTICLE 6 TIME FOR COMPLETION AND DELIVERY A. General Requirements

1. The Buses shall meet all applicable Federal, State, and local laws, regulations and standards, including Federal Motor Vehicle Safety Standards (FMVSS), all applicable Bureau of Motor Carrier Safety standards and all applicable Environmental Protection Agency (EPA) regulations in effect on the date of manufacture.

2. In the event that the Authority has determined that structural or other substantial

defects exist on buses previously manufactured by the Contractor, the Authority will request that the Contractor demonstrate that the potential defect has been adequately addressed by the Contractor’s later design for the Buses to be delivered hereunder or by other steps taken by the Contractor. If the Contractor fails to adequately respond to the Authority, the Authority may withhold Acceptance or suspend deliveries until the matter has been addressed adequately by the Contractor.

3. The Contractor shall provide structural representative drawings in such detail as

to allow NYCT to specifically identify sections of the bus structure that would need repair following accidental damage. Such drawings shall identify specific structural members and supports that may only be supplied by the Contractor in the event of accidental damage.

4. The Contractor shall Deliver all Buses in accordance with the Delivery Schedule

set forth in Attachment L and the requirements of Article 8 - Acceptance. The Authority will not accept Delivery of more than three (3) Buses per day. Upon the issuance by the Authority of a Release for Shipment, the Contractor shall Deliver each Bus FOB to the Designated Delivery Point. Following post delivery

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inspection and issuance by the Authority of a Notice of Acceptance, the Authority will take possession of the Bus.

B. Pilot Buses

1. The Contractor shall manufacture two (2) Pilot Buses. The Pilot Buses constitute

an extremely important means within this Contract for the Contractor to demonstrate among other things:

a. acceptable design;

b. production methods and capabilities;

c. acceptable workmanship; and

d. quality assurance.

2. The Authority may terminate the Contract summarily on ten (10) days written notice, without any further obligation or liability to the Contractor if the Pilot Buses are not furnished within one (1) year from NOA. In such event, the Contractor shall be deemed to have failed to have completed the Work or to have repaid the Authority for which the advanced payment(s), if applicable, was made and shall refund the entire amount paid previously by the Authority, including any advance payment(s) made.

3. The Pilot Buses shall be delivered in accordance with the agreed upon Delivery

Schedule as set forth in Attachment L.

4. A Certificate of Origin which reflects the date when the Bus was built, a Bill of Sale, Odometer Disclosure Statement and a Certified Weigh Slip must be submitted thirty (30) days prior to delivery of the Pilot Buses.

5. The Release for Shipment for the two (2) Pilot Buses shall not be issued until

after the following: a. The Authority has approved Contractor’s plan for conducting all

Qualification Tests;

b. The Authority has received the required draft submittals in accordance with Article 19 - Manual and Other Contractor’s Support Requirements;

c. The Authority has received the QA Manual in accordance with Article 56 - Quality Control;

d. The Authority has received the Training Plan in accordance with Article 20 - Training;

e. The Authority has received any software licenses required to operate the Bus and/or its components;

f. The Authority has received a service plan for it and its Major System

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Suppliers and plan to comply with data entry in the NYCT maintenance data system known as SPEAR;

g. The Buses meet all applicable Federal, State and local laws, regulations standards, including FMVSS and all applicable EPA regulations in effect on the date of manufacture; and

h. Completion of the Configuration Audit on one (1) Pilot Bus.

6. Final Acceptance of the two (2) Pilot Buses is contingent on completion of all modifications required as a result of the “In-Service Evaluation” and the Configuration Audit. The Pilot Bus modifications must be completed prior to Delivery of the last Bus of Lot #1 (Bus #88).

C. Qualification Testing

One (1) Pilot Bus shall be used to complete all Qualification Tests required by Appendix A Section 12, all tests included in the Contractor’s approved Test Plan, New Bus Qualification Tests and Subsystem Qualification Testing (Article 3B) and System First Article Inspection and Process Audit (Article 3C).

D. Configuration Audit

1. One (1) of the Pilot Buses shall be the Configuration Bus which shall be subjected to a full Configuration Audit by the Authority and the Contractor at the Contractor’s manufacturing facility. Such audit shall include physical inspection of the Bus and functionality testing. Major System Suppliers for the following Systems: Doors, Engine, Transmission, Brakes, Axles, Air System, Multiplex, HVAC, Fire Suppression, Seating and Mirrors; if required by the Authority shall be present at the Contractor’s manufacturing facility to demonstrate and verify the operation and functionality of their respective systems. The Configuration Audit will be completed within a period of ten (10) Business Days from the time the Contractor makes the Configuration Bus available to the Authority. The results will be reviewed with the Contractor within seven (7) Business Days from the completion of the Configuration Audit.

2. The Authority shall conduct an audit of the first frame for compliance with the

manufacturer’s design and drawings (the “Frame Audit”). The Frame Audit shall consist of reviewing all welds for quality and design adherence and may include the use of various methods of evaluating weld quality such a magnetic particle, dye penetrant, ultrasound and my require the use of precise measuring apparatus such as FaroArm and laser devices.

3. The Frame Audit shall be scheduled sufficiently far in advance of the first assembly of the Pilot buses so as to provide time to correct and discrepancies.

4. The Pilot Buses shall be scheduled sufficiently far in advance of the series Production Buses to allow for any discrepancies identified in the Configuration

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Audit and In-Service evaluation to be addressed and incorporated into the bus series production bus # 3.

5. In addition a sufficient number of pre-production buses shall be produced to complete successfully all testing noted in Article 6D. If the builder deems that more than two (2) buses are needed to complete the testing requirements in advance of the contemplated time to receive Notice To Proceed (NTP), then that number of buses shall be identified in the proposed delivery schedule and the testing to be performed on each such test bus identified in the testing plant submitted to NYCT.

6. For the purposes of the Configuration Audit, the Contractor shall make available

Drawings and descriptions of each part including the Contractor’s part number for all parts of the Bus. Drawings, schematics and illustrations will be provided to NYCT in the format as detailed in Section 1.14 of the Technical Specifications.

7. The Contractor shall keep System documentation showing the Pilot Bus

configuration and documenting all configuration changes introduced after the pre-Pilot meeting. Contractor shall provide a system configuration documentation update to the Authority on a monthly basis beginning the month after the pre-Pilot meeting.

E. In-Service Evaluation

1. One (1) Pilot Bus shall be placed in revenue service for In-Service Evaluation for a period of up to ninety (90) days in accordance with Section 1.12 of the Technical Specifications and the Contractor’s approved In-Service Evaluation plan.

2. On a weekly basis during the “In-Service Evaluation” or until the Contractor

commences Delivery of the Production Buses, the Contractor shall provide a report on the Pilot Bus to the Authority. The report shall describe failures and/or operational problems, if any, encountered with the Pilot Bus. The report shall describe all events that deviate from established parameters and a corrective action plan associated with each event. Likewise, the Authority will notify the Contractor daily of all failures and/or operational problems, if any, encountered with the Pilot Bus.

3. The Authority and the Contractor will convene weekly to review and discuss all

obvious and prevalent performance-related and operational problems that occur during the In-Service Evaluation. The Contractor shall arrange the attendance of its Major System Suppliers whose participation may be pertinent to the issues to be discussed at the weekly meeting. The Contractor shall submit a satisfactory corrective action plan for each problem within five (5) Business Days of such notification from the Authority. Each corrective action shall be documented on a matrix to be maintained by the Contractor of all required corrective work to be

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accomplished on all Buses. Testing may be required to verify the effectiveness of a proposed change. The Authority in its sole discretion will determine the acceptability of the corrective action plan for each item consistent with Article 26 – Contractor’s Responsibility. Such acceptance of a corrective action plan in no way relieves the Contractor of its obligations under this Contract.

4. At regular intervals of not more than thirty (30) days after the one (1) Pilot Bus

has been operating in revenue service, the Authority, the Contractor and its Major System Suppliers shall conduct a thorough joint inspection of such Pilot Bus to assess the following areas: parts that are installed for loosening of the hardware or loss of torque retention; rubbing, abrading or other interferences between moving parts and the Bus body or other moving parts; excessive wear, unusual or excessive damage to panels or components; unusual or excessive suspension travel or corrosion; overall condition of the Bus; and areas of excessive movement or excessive wear of moving or wear items. The Authority shall document those areas that the Contractor must address with corrective actions within five (5) Business Days and the Contractor shall submit its corrective action plan, including corrective actions to be taken for the Production Buses within five (5) Business Days of receiving the Authority’s comments.

5. A meeting shall be scheduled to discuss and resolve operational issues, software

adjustments, safety related issues and any item found non-compliant with the Technical Specifications that have become evident as a result of the In-Service Evaluation.

6. The Authority, at its discretion, will allow the Contractor's representative access

to its facilities, the Pilot Bus and test reports, as needed during the In-Service Evaluation period.

7. The Authority shall be responsible for normal running maintenance during the In-

Service Evaluation. However, the Contractor shall provide any necessary support for the Pilot Bus as required by the Authority during the In-Service Evaluation.

8. The Contractor shall have qualified Technical Representative(s) available on-site

to assist the Contractor and the Authority's personnel in evaluating the Contractor’s proposed corrections and/or the solution of engineering, design or maintenance problems that may arise during the In-Service Evaluation period. The Contractor represents that the Contractor’s design group will be available to the Authority during the In-Service Evaluation period, as required pursuant to Article 10 - Specific Guarantees/Warranties, Paragraph Q hereof, and as otherwise may be required for Contractor’s performance in accordance with this Agreement.

9. The Contractor shall have qualified Engineering representative(s) on-call to assist

the Contractor and the Authority's personnel in evaluating the Contractor’s proposed corrections and/or the solution of engineering, design or maintenance

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problems that may arise during the In-Service Evaluation period.

F. Maintainability Demonstration

1. A physical maintainability demonstration with a Pilot Bus shall be performed jointly by the Authority and the Contractor utilizing the Contractor’s Standard Repair Time (SRT) and maintenance manuals. Items to be demonstrated shall be determined during the pre-Pilot meeting. Each task shall be evaluated in terms of compliance to the SRT, standard NYCT maintenance practices and policies, the repair instructions provided by the Contractor and other documentation deemed necessary by NYCT to perform the analysis.

2. The Contractor shall propose a schedule for the maintainability demonstrations at the first pre-Pilot meeting.

G. Notices To Proceed

The Notice to Proceed (NTP) for the Production Buses shall not be issued until after: 1. Pre-production meetings have been conducted.

2. The Contractor has developed a plan to the Authority’s satisfaction that addresses

and incorporates the findings from the strain gauge test, if applicable, the shaker test, if applicable, and the In-Service Evaluation of the Pilot Buses into the design and production of Production Buses.

3. The Contractor has successfully completed all Qualification Tests required by Appendix A Section 12, all tests included in the Contractor’s approved Test Plan, New Bus Qualification Tests and Subsystem Qualification Testing (Article 3B) and System First Article Inspection and Process Audit (Article 3C).

4. The Authority is satisfied that the Contractor has in place the required resources, trained personnel and information system for it and its Major Suppliers listed in the Attachment E – Major System Suppliers to ensure prompt repairs of defects and timely submission of required information so the Authority may evaluate the root cause of defects.

5. The Configuration Audit results have been identified, the corrective actions necessary to address all comments from the Configuration Audit have been documented and a timeline to address each issue has been established, all to the satisfaction of the Project Manager.

6. The Contractor has supplied a definitive plan for the Authority's review and approval for fulfilling the warranty/guarantee obligations under the Contract, including provision of engineering and technical support, and parts provisioning.

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7. The Buses, when built, shall meet all applicable Federal, State, and local laws, regulations and standards which are in effect on the date of manufacture, including FMVSS, and test data demonstrating that the Buses, when built, will meet vehicle emissions requirements of the EPA.

8. The Contractor provides a plan acceptable to the Authority for the incorporation of all corrective actions and modifications required to be incorporated (retrofit) on the Pilot Buses.

9. The Authority has received written unconditional approval from all Suppliers of the Contractor’s design application of their respective components and systems including any and all changes required as a result of the In-Service Evaluation of the Pilot Bus.

H. Production Buses

1. Production Buses will be delivered in eight (8) Lots.

a. Lot #1 shall consist of eighty-eight (88) Buses.

b. Lots #2 through #8 shall each consist of eighty-six (86) Buses.

c. Each Lot shall be built in accordance with the Technical Specifications, with specified modifications, additions and/or particulars for each Lot as set forth in the applicable column of the “Bus Configuration Overview,” Attachment R. The Authority will not Accept any Bus that is not built accordingly.

2. Quality and Configuration Verifications.

a. The Contractor and NYCT will perform a Quality and Configuration

Verification of any configuration changes and/or quality issues on Bus #3, #89, #175, #261, #347, #433, #519 and #605 (the “Quality Audit Buses”). Each Quality Audit Bus shall remain at the Contractor’s production facility following the Quality and Configuration Verification and shall be the final Bus of such Lot delivered under this Contract. Contractor shall provide any necessary drawings or other documents reasonably required by the Authority.

b. Contractor shall complete the Quality and Configuration Verification on

each applicable Quality Audit Bus prior to the Release for Shipment of Bus #4, #90, #176, #262, #348, #433, #520 and #606.

3. Upon Delivery of the Production Buses they will be placed in revenue service.

The Authority will document and advise Contractor of all failures and/or operational problems, if any, encountered with the Production Buses. For a period of one (1) year from the Delivery of the last Production Bus, the Contractor shall have qualified Technical Representative(s) available on-site to assist the

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Contractor and the Authority's personnel. 4. The Authority and the Contractor will convene monthly to review and develop

corrective action plans for all obvious and prevalent performance related problems that occur for a period of twelve (12) months following the Acceptance of the last Production Bus. The Contractor shall arrange attendance of its Major System Suppliers whose participation may be pertinent to the issues to be discussed at each such meeting.

5. The Contractor shall build and or retrofit the Production Buses with all

modifications required as a result of the applicable Configuration Audit. I. The Contractor shall not commence the actual Work on the Buses other than the Pilot

Buses prior to the issuance of NTP. Any Work on Buses (other than the two (2) Pilot Buses) performed prior to issuance of NTP shall automatically be deemed unacceptable and shall constitute a material breach of this Contract.

J. INTENTIONALLY LEFT BLANK K. If the Contractor shall at any time during the performance of this Contract fail to or be

unable to meet the Delivery Schedule as set forth in Article 6 - Time for Completion and Delivery and attached hereto as Attachment L - Delivery Schedule, the Authority may demand adequate assurance that the Contractor will timely perform the remainder of the Work. If the Authority does not thereupon receive adequate assurance from the Contractor that it can meet the delivery schedule for each Bus, the Authority may take such other action it deems appropriate, including termination for cause of the Contract. In the event the Contractor wishes to challenge any action by the Authority pursuant to this Paragraph, the Contractor may bring a Dispute under Article 38 - Disputes.

ARTICLE 6A OPTION BUSES A. In the event the Authority wishes to seek proposals for the purchase of Option Buses, the

Authority will notify the Contractor in writing. By the due date specified in such notice, the Contractors shall submit the following:

a. Any update pertinent to the information contained in their Responsibility

Questionnaire-Schedule J.

b. Updated certificates for insurance policies required by Article 29 of the Contract (Schedule A).

c. Evidence that Contractor's other commitments and contractual obligations will not impair or adversely impact its ability to supply the Option Buses (e.g., provide specific order book information).

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d. Evidence satisfactory to the Authority that it has the ability to obtain the additional security for performance required pursuant to Article 30 of the Contract.

e. An updated list of the companies to be utilized as Major Suppliers (Attachment E).

f. A completed Responsibility Questionnaire, attached hereto as Schedule J, for every Supplier that meets the thresholds for a Subcontractor as outlined in Part I Paragraph D of Schedule J.

g. All updated Business Programs Documents required under the Contract (Attachment F).

h. A proposed Delivery Schedule using the format required by the Authority (Attachment L).

i. A completed Price Build-Up Form (Attachment Z).

j. An updated completed Iran Energy Sector Divestment Certification in a form acceptable to the Authority (Schedule S).

k. An updated completed form indicating compliance with New York State’s State Finance Law sections 139-j and 139k in a form acceptable the Authority (Schedule W).

l. An updated completed and notarized proposal execution in a form acceptable to the Authority (Attachment X).

m. An updated Parent Company Guaranty in a form acceptable to the Authority (Attachment T).

n. A detailed buildup of the New York State Content for the Option Buses (the extent to which the Option will be performed at sites within the State of New York or will include the use of goods produced or services provided within the State of New York). Backup documentation indicating the origin of the product or service as well as its cost should also be provided.

o. A Total Option Price proposal for up to seven hundred (700) Option Buses.

B. The Option proposals from the Contractor(s) will be reviewed and evaluated as follows:

a. Contractor's Responsibility

Contractor's integrity, skill, and experience to faithfully perform the Option if awarded and the necessary facilities and financial resources to perform the Option Work in a satisfactory manner and within the time specified.

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b. Overall Option Cost Total Option Price, including the cost of the special tools, test equipment, training manuals, interactive electronic technical manuals, parts and device identification system, advance payment and performance bond, warranty, and other matters with pricing or cost implications to the Authority.

c. Credit for NYS Content

(i) An evaluative credit based on the Total Option Price based upon the overall percentage of NYS Content shall be applied as follows:

(a) One hundred percent (100%) of the amount of the Total Option Price

which is ascribed to goods to be produced at manufacturing facilities located in the State of New York.

(b) One hundred percent (100%) of the amount of the Total BAFO Price

for any services to be performed at facilities or physical offices located in the State of New York or any services arranged by a firm at its facilities or in its offices located in the State of New York.

(c) Twenty-five percent (25%) of the amount of the Total Option Price

which is ascribed to goods to be produced or services originating outside the State of New York and distributed by or acquired from a Supplier having a place of business in the State of New York.

(ii) The Contractor whose Total Option Price per Option Bus contains the

highest overall NYS Content shall receive a credit equal to ten percent (10%) of the Lowest Total Option Price submitted;

(iii) Each Contractor shall be afforded a credit calculated as follows:

(iv) Ten percent (10%) of the lowest Total Option Price multiplied by a ratio

in which the numerator shall be the percentage of the NYS Content contained in such Contractor’s Total Option Price and the denominator shall be the percentage of NYS Content submitted by the Contractor containing the highest percentage of NYS Content.

Example: Lowest Total Option Price x 10% x Proposed % NYS Content_______

Highest Proposed % NYS Content

(v) Notwithstanding the above, the Authority reserves the right to extend a credit for NYS Content to the full extent consistent with applicable law.

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d. Overall Quality of Contractor and Product Assessed rating of overall quality and other factors impacting operations, including but not limited to a review of such elements as:

(i) Reliability based on MDBF for bus and subsystem statistics;

(ii) Bus performance on the basis of fuel economy (mpg);

(iii) Contractor's responsiveness based on demonstrated ability to support its product through training, technical support/documentation and field service;

(iv) Production process/methodology in the prior bus build, the quality derived from such process; and timeliness of delivery on prior contracts

(v) Maintainability with respect to time to complete core maintenance jobs, review of standard repair times;

(vi) Structural quality based on type of material used, history of structural problems and warranty experience;

(vii) Noise reduction by reviewing results and efforts in reducing interior and exterior noise levels to meet and exceed NYCT specifications.

e. Delivery Schedule The Contractor's proposed delivery schedule will be evaluated based upon the Authority's needs and the timeliness of Contractor's prior deliveries under the Contract.

C. 1. The Authority reserves the right to: negotiate with either or both Contractors in

any manner it deems fit; reject all proposals submitted; and accept any proposal as submitted without negotiations.

2. The Authority may determine to make the entire Option Award to one (1)

Contractor or split the Option Award based upon the Authority's determination that such action is in its best interest. Any award will be contingent upon approval by the Authority's Board.

ARTICLE 7 LIQUIDATED DAMAGES A. 1. Time is of the essence for this Contract. Liquidated damages shall be assessed

based upon the Contractor’s failure to meet the Delivery Schedule (See Attachment L). In the event of a delay in the delivery of a Bus, not including a Pilot Bus, for each Bus not delivered by Friday, 3:00 PM of the week scheduled (except as may be extended by the Authority pursuant to Article 34 - Extension of Time), the Authority shall be paid liquidated damages for such delay.

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2. For each day starting with the Monday following the Friday the Contractor fails to meet the Contract Delivery Schedule, the Contractor shall pay to the Authority for each and every day (per Bus and per day) of unexcused delay except Saturdays, Sundays and on Authority Observed Holidays (See Attachment S), the sum of two hundred fifty dollars ($250.00), which sum is hereby agreed upon as liquidated damages and not as a penalty.

3. It is understood that the Contractor’s liability for liquidated damages assessed

under this Paragraph A shall not exceed seven and a half percent (7.5%) of the Gross Sum Contract Price of six hundred ninety (690) Buses.

B. It is expressly understood that this provision for the assessment of liquidated damages is

not intended to be nor shall it be treated as either a partial or full waiver or discharge of the Contractor's obligation to indemnify the Authority as herein provided, or to any other remedy allowed for by Contract or law.

C. The Contractor is obligated to make warranty repairs within the timeframe set forth in Article 10 - Specific Guarantees/Warranties Paragraph F Subparagraph 6. In the event that the Contractor fails to timely perform the warranty repairs in accordance with such timeframes, which delay precludes the return of a Bus by the Authority to revenue service, the Contractor shall pay the Authority for each and every day (per Bus and per day) of delay in such warranty repair, except Saturdays, Sundays and Authority Observed Holidays (See Attachment S), the sum of fifty dollars ($50.00) which sum is hereby agreed upon as liquidated damages and not as a penalty.

D. The Authority shall have the right to deduct such liquidated damage assessments from

any monies due or which may thereafter become due to the Contractor under this Contract; and in case the amount which may become due hereunder shall be less than the amount of liquidated damages due the Authority, the Contractor shall pay the difference upon demand by the Authority.

ARTICLE 8 ACCEPTANCE A. Each Bus is subject to inspection prior to Acceptance by the Authority.

B. Thirty (30) days prior to shipment to the Designated Delivery Point, the Contractor shall

deliver to the Authority all necessary documentation to allow the Authority to register the Bus with NY State Department of Motor Vehicles. No Acceptance of the Bus will occur prior to receipt of such documentation. The documentation required to be delivered by the Contractor to the Authority for purposes of this Paragraph B are as follows:

1. Bill of Sale;

2. Certificate of Origin which reflects the date when the Bus was built;

3. Odometer Disclosure Statement (one (1) copy with transferor’s information); and

4. Certified Weight Slip for the first Bus delivered and the first of any Lot of Buses

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with a different configuration. C. Release for Shipment

1. The Contractor, at its manufacturing facility, in the presence of the Authority, shall conduct all pre-delivery inspections of the Bus. A Bus is completed when it has passed all of the Contractor’s pre-delivery tests, including those of the Contractor's Quality Control Group, and has been passed by the Authority's Inspector at the Contractor's facility for final assembly. At such time, a Release for Shipment will be given by the Authority’s Inspector to the Contractor stating that such Bus appears complete and ready for shipment. No Bus may be shipped to the Designated Delivery Point without a Release for Shipment signed by the Authority’s inspector, unless such release is waived for a particular Bus by the Authority in writing.

2. The Release for Shipment constitutes authorization to ship the Bus to the

Designated Delivery Point; however, it does not constitute Delivery to or Acceptance by the Authority. The issuance of such Release for Shipment shall in no respect relieve the Contractor of its obligations to complete the Work as required, nor impair the Authority's right to perform a post-delivery inspection of the Bus and/or decline to Accept the Bus. If the Release for Shipment for a particular Bus has been waived by the Authority, then the inspection described in Paragraph C.1 above will be conducted after Delivery to the Designated Delivery Point.

3. The Contractor shall give three (3) days advance notice to the Project Manager

before shipping from the Contractor’s manufacturing facility to the Designated Delivery Point. All deliveries shall occur between the hours of 8:00 a.m. and 3:00 p.m. on Mondays through Fridays, except on Authority Observed Holidays (See Attachment S). No inspections will be made on Saturdays, except on two (2) days advance notice, with the approval of the Project Manager. The Contractor shall schedule shipments so that deliveries will be made in accordance with these requirements.

D. 1. Upon delivery at the Designated Delivery Point, the Contractor shall fill the fuel

tanks and all other fluids to capacity. Thereafter, the Authority will conduct a post-delivery inspection in accordance with Attachment M - Post Delivery Inspection Sample. If on the post-delivery inspection the Authority’s inspector is satisfied that the Bus appears to have been furnished in accordance with the requirements of the Contract Documents, the Authority’s Inspector will issue a Notice of Acceptance and the Authority will take possession of the Bus.

2. For warranty control, the Contractor shall include in the final vehicle record

provided to the Authority the Manufacturer's serial numbers for all major sub-components of the Bus that have individual serial numbers, including but not limited to: Engine, Transmission, Air Conditioning Compressor, Front Axle and

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Rear Axle. E. Subject to the delivery requirements set forth in Article 6 - Time for Completion and

Delivery, the Authority agrees to conduct the post-delivery inspection and testing as set forth in Attachment M – Post Delivery Inspection Sample, for purposes of Acceptance, within three (3) Business Days from the time the Bus is Delivered to the Designated Delivery Point. In the event Contractor fails to repair defects on the Bus within three (3) Business Days, and such failure occurs beyond the scheduled delivery date, the Authority shall assess liquidated damages pursuant to Article 7 – Liquidated Damages.

F. It is understood that the Notice of Acceptance shall not in any respect: (1) reduce the

responsibility of the Contractor under this Contract, or (2) relieve the Contractor of its obligations to supply conforming goods and complete the Work as required under this Contract, or (3) diminish any warranties or (4) relieve the Contractor from the responsibility of latent defects. Should the Contractor fail to take the required corrective actions, the Authority may avail itself of all rights as provided under this Contract and/or at law.

G. At the discretion of the Authority, all supplies including but not limited to raw materials,

components, intermediary assemblies, and end products, shall be subject to inspection and test by the Authority, at all times and places, including the period of manufacture, and in any event prior to Acceptance.

ARTICLE 9 REJECTION A. If the Authority's inspection of a Bus for purposes of Acceptance discloses that a Bus is

not fit for revenue service as required by the Contract Documents, a notice to that effect will be given to the Contractor's on-site representative indicating that such Bus is rejected. In the event the Authority rejects a Bus, it shall not be deemed Delivered as defined by this Contract or by the Uniform Commercial Code (UCC).

B. In the event of rejection, the Authority may assess liquidated damages already accrued, or which may accrue, due to such late delivery.

C. All expenses and costs incurred in the removal of the Bus after rejection shall be borne by the Contractor.

ARTICLE 10 SPECIFIC GUARANTEES/WARRANTIES A. Except as otherwise expressly set forth herein, the Contractor unconditionally guarantees

to the Authority that the Buses delivered under this Contract shall be free from defects in design, material and workmanship, and shall function in conformity with the Contract Documents. Said guarantee/warranty (the words guarantee and warranty are synonymous) applies to the Bus as a mechanically integrated, operating vehicle, and to the devices, parts (including belts and hoses), components and apparatus furnished and installed in the Bus. This guarantee (also referred to as the “Bumper to Bumper

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Warranty”) shall be effective for one (1) year from Acceptance of each Bus or 50,000 miles, whichever comes first.

B. In addition to the unconditional Bumper to Bumper Warranty described in Paragraph A

above, the Contractor shall obtain from the Manufacturer(s), extended warranties and guarantees on certain Bus Systems and components as detailed in the chart below. Contractor warrants the successful operation of these Systems and components without any defect or failure for the duration of the total specified warranty period or the mileage per year equivalent (50,000 miles per year), whichever comes first, except as otherwise stated. For example, the Total Warranty Period on an Air Compressor is two (2) years or 100,000 miles, whichever comes first.

Component/Subsystem Total Warranty Period

inclusive of the Bumper to Bumper plus extended warranty (if any)*

24 Volt Generator/Alternator 2 Years ABS system including: harness, modules, and ECU computers 3 Years/ 300,000 Miles

AC Compressor Support 3 Years

AGM Batteries 4 Years

Air Compressor (Engine) 2 Years

Air Conditioning Compressor 5 Years Air Conditioning Evaporator and Condenser Motors 5 Years

Axle Suspension Arm 3 years

Back-Up Alarm 2 Years

Body Panels 3 Years

Brake Chamber and Slack Adjuster 1 Year Bumper to Bumper ONLY

Brake Lining Material 18,000 Miles Brake System including: valves, relay valves and application valves 2 Years

Bus Camera Security System 5 Years

Bus Frame 12 Years

Bus Horn Button 2 Years

Bus Horns 2 Years

Catalytic Converter Components related to emission: 5 yrs/

100,000 miles; other components 2 yrs/Unlimited mileage

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Component/Subsystem Total Warranty Period

inclusive of the Bumper to Bumper plus extended warranty (if any)*

Charge Air Cooler 2 Years

Circulating Pump 5 Years

Defroster, driver's and passenger's blowers 4 Years

Directional Flasher 2 Years

Drive Axle and Front Axle Assembly 2 Years

Electric Starter 2 Years

Electronic Destination Sign 3 Years (P&L) Years 4-12 (Parts Only)

Emission Control System Components, including all components related to emission 5 Years/ 300,000 miles

Engine 5 Years/300,000 Miles

Engine Radiator 2 Years Entire Air Conditioning System, including all switches, controllers, and sensors. 2 Years

Exhaust System (excluding Catalytic Converter) 2 Years

Fire Suppression Sensors 3 Years

Fire Suppression System 3 Years

Floor 12 Years

Floor Covering 12 Years

Hydraulic Pumps 2 Years

Intelligent Vehicle System see Paragraph 4 below

Interior Passenger Lighting 12 Years

Kneeling System 2 Years

LED Components Dialight Lifetime

Passenger Seating 8 Years

Power Steering Box and Pumps 3 Years

Rear Door Base Plate and Vapor Control Module 2 Years

Remote Mirror Switch 2 Years

Steering Column Support 12 Years

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Component/Subsystem Total Warranty Period

inclusive of the Bumper to Bumper plus extended warranty (if any)*

Surge Tanks 2 Years

Transmission 5 Years

Walking Beam 3 Years

Wheel Chair Ramp 2 Years * A parchment detailing any coverage in excess of one (1) year has been incorporated into Attachment N. 1. The “Total Warranty Period” for each component shall be for the total term listed

in the above chart or otherwise described in this Article. A more detailed matrix of the warranties listed in the table above is available as part of Attachment N.

2. The Bus Frame, Engine Cradle, AC Compressor Support and Steering Column

Support warranties coverage shall be in accordance with Attachment P – Structural Components Warranty Coverage (a/k/a the “Structural Warranty”) for a period of twelve (12) years from the date of Acceptance of each Bus.

3. The Contractor shall submit a letter of warranty certification from each

Manufacturer as proof that the Manufacturer has issued extended warranty coverage in the name of the Contractor for each Bus, and has included the Authority as a third party beneficiary in such extended warranty coverage. These warranty certifications shall be delivered to the Authority no later than the Acceptance of the first Production Bus.

4. The warranty on the Intelligent Vehicle System shall be comprised of software

maintenance at no additional cost to the Authority and shall be administered as follows: a. The Contractor shall provide Software maintenance from the Acceptance

of the first Bus through and including December 31 of the year in which the last Bus is Accepted.

b. In addition the Contractor shall provide Automatic Vehicle Monitoring (AVM) system optimization from the Acceptance of the first Bus through and including December 31 of the year in which the first Bus is Accepted.

C. The Contractor shall provide a letter of warranty certification for all Manufacturers’ warranties and guarantees which exceed the one (1) year Bumper to Bumper Warranty for all components, Systems and Subsystems installed on the Bus in the name of the Contractor with the Authority as a third party beneficiary. The Contractor shall deliver such letters of warranty certification to the Authority no later than the Acceptance of the

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first Production Bus. D. Should there be a failure of any Manufacturer to honor any guarantee/warranty or service

obligation or a failure of the Contractor to secure guarantee/warranty rights from the Manufacturer for the Authority, the Contractor shall perform the warranty repairs.

E. The Contractor shall supply a definitive plan for the Authority's review and approval for

fulfilling the warranty/guarantee obligations under the Contract, including provision of engineering and technical support, and parts provisioning within thirty (30) days from NOA. The Contractor’s action plan shall include, but not be limited to:

1. Plans for providing engineering and technical support for warranty repairs;

2. Plans for providing parts support for warranty repairs;

3. Plans for Parts provisioning meeting;

4. Description of its customer support organization;

5. A list of consumables for which the Contractor proposes it will not be responsible for normal failure during the warranty period;

6. Contractor’s plan to achieve response time for both repairs required under the Bumper to Bumper Warranty referenced in Paragraph A and the extended warranties referenced in Paragraph B;

7. A warranty directory listing points of contact, phone numbers, and addresses of off-site service facilities for warranty repairs required under both the Bumper to Bumper Warranty referenced in Paragraph A and the extended warranties referenced in Paragraph B;

8. A comprehensive SRT Manual (also known as a “Flat-Rate Guide” or “Labor Time Guide”) that lists the time required for the repair of common bus failures/defects. This SRT Manual must be updated to the specific bus model supplied under the Contract and must be arranged in a logical format in accordance with standard industry practice. All repair times listed in the SRT Manual must be verifiable for mechanics of normal skill level and must include reasonable diagnostic, set up, and clean up time. The Authority reserves the right to require the Contractor to demonstrate specific repairs to verify the listed times. The SRT Manual shall be provided to the Authority in both hard copy and a flat file or ASCII file. For additional details see Section 1.16.3 of the Technical Specifications; and

9. The Preventive Maintenance Plan F. The Contractor agrees to provide labor, material, transportation and all other necessary or

incidental items to repair and/or replace the Bus, its components and any and all defective parts guaranteed and warranted under this Contract as required in Paragraphs A and B of this Article, without additional expense to the Authority.

1. For all Buses that must be removed from the Authority’s property to effect a

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warranty repair, the Contractor shall be responsible for the cost of delivery and return, including all transportation costs however the Contractor shall be required to provide towing only for the first two (2) years after the Acceptance of each Bus. The Contractor shall be responsible for the risk of loss for all times that the Bus is in its possession.

2. In the event the Contractor is unable or fails to diligently pursue and perform its

warranty obligations with respect to a Bus, or if the Contractor is unable to correct a deficiency covered by this Article, or if the Authority determines that immediate replacement is necessary to maintain operation of the Bus, the Authority shall have the following option: the Authority may contract with another party or use its own forces to perform warranty work or correct deficiencies, in which case the Contractor agrees to reimburse the Authority for any and all costs incurred in connection with said work/correction, including parts and labor costs.

3. In no event shall any work done by the Authority be construed as an assumption

by the Authority of any of the Contractor's obligations under the Contract or be deemed to relieve the Contractor thereof.

4. The Project Manager or his representative shall have the right to inspect all

warranty work. 5. All warranty work shall result in the Bus fully meeting the requirements of the

Contract Documents. 6. Any guarantee or retrofit work shall be accomplished with minimum disruption to

the Authority's operation and its maintenance and service facilities. The availability of Buses for service and minimization of the Authority’s need for spares are essential to the efficient and cost effective management of the Authority’s service. The Contractor shall require that its suppliers have resources such as parts, warranty service personnel, facilities, special equipment, float or swing units and technically qualified personnel to make necessary repairs and return Buses to service within the following periods of time frames:

a. Buses placed out of service and held at an Authority depot shall be

repaired to a state of service-ready within three (3) days.

b. Buses placed out of service for repairs that must be completed at locations other than an Authority depot shall be repaired to a state of service-ready within five (5) days.

7. Until the expiration of the Bumper to Bumper Warranty on each Bus, any and all

warranties for all the components shall be deemed frozen and extended by the same number of calendar days that the Bus is out of service in excess of five (5) days. After the expiration of the Bumper to Bumper Warranty, only the applicable warranty period, if any, on a failed component subject to such warranty, shall be

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deemed frozen and extended by the same number of calendar days that the Bus is out of service in excess of five (5) days.

G. During the guarantee/warranty period, each and every piece of equipment, component,

unit, System, Subsystem or part thereof that is replaced, repaired or modified in any manner under terms of the guarantee/warranty by the Contractor, his Subcontractors, Suppliers, Manufacturers and the Authority shall be reported to the Project Manager and shall also be recorded in the Authority’s maintenance management system (“SPEAR”). The Contractor shall provide all necessary work stations, modems and printers and the Authority will provide the necessary software, licensing and training to accomplish this task. Every report prepared by or for either party shall indicate in detail all repairs, replacements or modifications to each and every component, unit or parts thereof, as well the cause of the repair, replacement or modification. The Contractor shall collect data from these reports using a personal computer database which permits sorting and control of the data.

H. For all warranty repairs performed by the Authority, the Contractor will reimburse the

Authority for the cost of parts and labor to effect the repair. For labor costs, the Contractor will reimburse the Authority for the number of man-hours specified in the Contractor's SRT Manual (as described in Paragraph E.7) for each task performed.

1. The repair times specified by the Contractor must be reasonable and capable of

verification by a demonstration of the task, and must include reasonable diagnostic, set-up and clean up time.

2. Any task not specifically listed in the SRT Manual will be reimbursed at the

Authority’s actual time for repair. 3. The hourly rate used for reimbursement will be in accordance with the

Authority’s annual “Schedule of Rates for Services rendered to Outside Parties” (Attachment G) in effect at the time of repair.

4. If the Authority removes parts from its own inventory to effect a warranty repair,

the Contractor will reimburse the Authority the actual cost of the part used, plus twenty percent (20%) for material handling and replacement order processing.

I. The Authority agrees to submit all claims for warranty reimbursement on Authority's

warranty forms within ninety (90) days from the date of failure. These claims will be submitted with copies of the Authority's work orders, including the Bus number, the defect and repair actions, the parts used, and the labor hours expended. At its discretion, the Authority may submit claims on either hand-written work orders, or computer generated work orders or warranty forms which contain all of the above information (See Attachment J – Work Order Sample).

J. The Authority also agrees to hold all faulty parts for return to the Contractor, at

Contractor's expense, for thirty (30) days from the date of submission of the warranty

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claim. Thereafter, if said faulty parts have not been picked up by the Contractor, the Authority may dispose of said parts without further liability therefor to the Contractor. Unavailability of a part for review by the Contractor after the specified holding period is not a valid reason for rejection of a warranty reimbursement claim.

K. Payments to the Authority for warranty work performed by the Authority or another party

must be made by the Contractor within fifty (50) days from the date of mailing of the Authority's properly documented request for reimbursement. In the event the Contractor fails to make payment within said time, (i) the Authority may deduct the amount set forth in the request for reimbursement from any payment due or to become due to the Contractor pursuant to this Contract and (ii) the Authority shall be entitled to interest calculated at the rate then in effect for payment of interest under the Authority's Prompt Payment Rules & Regulations of the amount unpaid from the time when due to that when received by the Authority, or deducted by the Authority, or (iii) as more particularly set forth in Article 30A – Security for Warranty Period hereof, the Authority may assert a claim against the warranty bond to be provided thereunder.

L. The Contractor shall reimburse the Authority for time and materials expended in

responding to Buses under warranty that require assistance due to a mechanical emergency and/or breakdown in revenue service. Reimbursement costs shall include necessary travel time to the location and the cost of towing the Bus, as provided for herein, as well as diagnostic and repair actions in the field required to allow for the safe movement of the Bus to its depot. These reimbursements by the Contractor shall be in addition to troubleshooting and repairs made to correct the underlying problem.

M. If at any time the Contractor becomes aware of a defect or error adversely affecting the

safe operation of the Buses (defined as a Class 1 Failure), or any recall which otherwise affects fleet functionality, the Contractor shall promptly communicate such information to the Project Manager in writing and shall furnish a detailed corrective action plan within five (5) days after the initial notification. The plan, if accepted by the Project Manager, shall be incorporated into the affected Buses by the Contractor at no additional cost to the Authority or if repaired by the Authority, the Authority shall be reimbursed in accordance with the Authority’s Schedule of Rates for Services Rendered to Outside Parties (See Attachment G). This provision shall survive the earlier termination of this Contract.

N. The Contractor shall, at no additional cost to the Authority, have qualified Technical

Service Representative(s) available on-site to assist the Authority's personnel in the solution of engineering, design or maintenance problems that may arise during the Bumper to Bumper Warranty Period. At a minimum, this shall include one (1) full-time Technical Service Representative resident in the New York Metropolitan Area who is available to respond to Authority locations during normal business hours Monday through Friday.

1. The last month of this coverage will be the final month in which the last Bus is

covered by the Bumper to Bumper Warranty; and

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2. The Contractor and its Subsystem Suppliers shall provide adequate and sufficient

technical support as necessary. O. By the furnishing of the foregoing guarantees/warranties under this Article, it is not

intended that said guarantees/warranties shall in any way or manner decrease, modify, affect, relieve or excuse the Contractor, Subcontractors, Suppliers or any other person or persons from their responsibility or liability under applicable law for failure to perform any duty or obligation required or imposed by any law for the breach of which they would be responsible and liable in damages to the Contracting Party, Authority or any other person or persons.

P. The Contractor shall guarantee the availability of replacement parts for the Buses for at

least a twelve (12) year period from the date of Acceptance of the last Bus by the Authority. The Contractor agrees that no inventory costs with respect to the replacement parts for this period will be borne by the Authority. Replacement parts will be original equipment parts and be interchangeable with original equipment and shall be manufactured in accordance with Article 55 - Quality Assurance.

Q. The Contractor shall have qualified Technical, Engineering and Project Management

staff available fifty-two (52) weeks out of the year except for Authority Observed Holidays (See Attachment S).

ARTICLE 11 FLEET DEFECT A. In the event that at any time prior to the expiration of any applicable guarantee/warranty

period of the final Bus delivered to the Authority, the Project Manager determines that cumulative failures of any kind in the same components in the same or similar application indicate the existence of a systemic design or manufacturing defect, the Project Manager may determine the existence of a fleet defect. The Contractor shall, upon twenty (20) days notice from the Project Manager of such determination submit a correction plan and upon approval of such correction plan by the Project Manager shall make and implement any such design modifications, repairs, adjustments and replacements on all delivered and non-delivered Buses as shall correct or prevent such failure (the Fleet Defect Campaign), at no additional cost to the Authority. Notwithstanding the absence of other specific evidence of such design or manufacturing defect, the existence of cumulative failures in more than ten percent (10%) of all the Buses within a particular Lot delivered under this Contract shall, in and of itself constitute a basis for a fleet defect determination. This calculation to determine the percentage of failures shall apply at any point after Acceptance of sixteen (16) Buses as applicable (including Acceptance of the Pilot Buses). However, in the event of a Class 1 failure, absence of a ten percent (10%) failure rate shall not preclude a fleet defect determination.

B. In the event of a fleet defect, notwithstanding the date of expiration or commencement of

any guarantee period as to any particular Bus or component, System or Subsystem, the Contractor shall retrofit/repair all Buses then in service, and shall implement any

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necessary design or material modifications as to Buses not yet delivered. If any such retrofit/repair work is required, the guarantee/warranty period as to the affected Bus or component, System or Subsystem shall be extended by one (1) year from the completion of such retrofit/repair work or the expiration of the previously effective guarantee period, whichever is later; except that, with respect to the brake linings, the extension shall be for a distance of 18,000 miles. If as a result of a fleet defect there is a premature failure of consumable parts (consumable parts shall be as defined in the action plan described in Article 10 – Specific Guarantees/Warranties Paragraph E), the Contractor shall provide the replacement at no additional cost to the Authority. If replaced by the Authority, the Authority shall be reimbursed in accordance with the Authority's Schedule of Rates for Services Rendered to Outside Parties (See Attachment G) in effect at the time the replacement is made.

C. The Contractor shall complete the Fleet Defect Campaign expeditiously. D. The Authority shall have the right to withhold from any payment due the Contractor an

amount estimated by the Authority to be required to perform Fleet Defect Campaigns. It is understood and agreed that the Contractor shall be required to reimburse the Authority for time and material expended in towing Buses under Fleet Defect Campaign that require transfer to and from the Contractor’s or Suppliers’ facilities.

ARTICLE 12 NON-WARRANTY With respect to any given failed part or component, the Warranty provisions of Article 10 – Specific Guarantees/Warranties do not apply in the case where an accident, fire or other casualty not itself resulting from a warrantable defect results in such failed part or component or where improper maintenance (that which is not in accordance with the Contractor's Maintenance Manual) results in such failed part or component. Except as provided otherwise in the Contract, Article 10 – Specific Guarantees/Warranties also does not apply to periodic maintenance items such as filters and fluids. In addition, the said warranty provisions do not apply to the equipment furnished and/or installed solely by the Authority or another Authority’s contractor, but do apply to the Contractor's installation of equipment furnished to the Contractor by the Authority. ARTICLE 13 WARRANTY NOT TO BE VOIDED It is expressly understood that notwithstanding anything to the contrary contained in Article 10 – Specific Guarantees/Warranties above, the warranty shall not be voided for any defect or related defect to a part or component unless caused by misuse, negligence or accident; or by the unauthorized repair or alteration; or by the failure to conduct normal inspections and schedule preventive maintenance procedures as recommended in the Contractor's Maintenance Manual, supplied by the Contractor pursuant to Article 19 - Manuals and Other Contractor’s Support Requirements. ARTICLE 14 RISK OF LOSS A. The Contractor assumes risk of loss or damage to the Buses which loss or damage occurs

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while the Buses are in the Contractor’s possession or under its control (including the possession or control of its Suppliers), to the fullest extent permitted by applicable law, irrespective of whether such loss or damage arises from acts or omissions (whether negligent or not) of the Contractor, or third persons, or from any cause whatsoever, excepting loss or damage to the extent arising from negligent or willful acts of the Authority.

B. The Contractor's obligation hereunder is to immediately repair, replace and make good

such loss or damage in accordance with the Contract Documents without cost to the Authority.

C. From the Contractor’s pick-up of a Bus or any Authority materials until the return of such

Bus or materials to the Authority’s custody and control, the Contractor assumes all liability for bodily injuries (including death) sustained by any person and property damage (including damage or destruction to such Bus), and hereby indemnifies the Indemnified Parties as defined in Article 47 – Liability and Indemnification with respect to any and all claims, lawsuits damages and judgments by or for anyone sustaining or claiming to have sustained any such bodily injuries or property damage, excepting loss or damage to the extent arising from negligent or willful acts of the Indemnified Parties.

D. Upon return of any Bus to the Authority that has been damaged in any way while in

possession of the Contractor or under the control of the Contractor (or its Supplier), when such condition did not previously exist, the Contractor shall immediately repair such damage and/or bring back such Bus to a state of good repair at no additional cost to the Authority.

ARTICLE 15 PRICE TO INCLUDE/ INVOICE AND PAYMENT A. The Authority shall pay and the Contractor shall accept as the Total Contract Price 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 to be done or furnished under this Contract; all overhead, expenses, fees and profits including the cost of providing storage yard or facilities; all warranty obligations; all risks and obligations set forth in the Contract; any applicable fees or taxes; and all expenses due to any unforeseen difficulty encountered in the execution of the Work.

B. The Authority will make payment to the Contractor in accordance with the following

milestones: 1. One percent (1%) of the extended price of Item 1 of the Price Schedule, within

thirty (30) days after the Authority's acceptance of all Manuals/drawings listed in Article 19 – Manuals and Other Contractor’s Support Requirements, in such final form as approved by the Authority and receipt of Proper Invoice.

2. One percent (1%) of the extended price of Item 1 of the Price Schedule, within

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thirty (30) days after acceptance of the training deliverables listed in Article 20 – Training, and receipt of Proper Invoice.

3. Ninety-eight percent (98%) of the Unit Price for each Bus, Item 1 of the Price

Schedule, within thirty (30) days after Acceptance of each Bus and receipt of a Proper Invoice and Supporting Documentation, as detailed below in Article 15.D., provided the Contractor has satisfied the requirements of Articles 29 - Insurance, 30 – Security for Performance and 30A – Security for Warranty Period. It is understood that payment of this final milestone invoice for the Buses under the above conditions shall in no respect reduce the responsibility of the Contractor under this Contract and shall in no respect relieve the Contractor of its obligations to complete the Work as required or diminish any warranty under the Contract.

C. The Contractor shall submit to the Authority invoices for each Bus that has been

Accepted in accordance with the submission requirements contained herein. The Contractor shall submit one (1) invoice for each Bus. In the event the Contractor submits a Proper Invoice and all required supporting documentation prior to acceptance of a Bus, the time for the Authority to make payments shall be measured from the date of the Acceptance.

D. The Authority will process payments and pay Proper Invoices within thirty (30) calendar

days of the Authority's receipt of a Proper Invoice, all required supporting documentation and all other documentation required as a condition precedent to payment (See Attachment H - Prompt Payment Rules and Regulations). Payment will be deemed made upon mailing by the Authority.

1. Proper Invoice:

a. In addition to any other requirement set forth in this Contract with respect

to what constitutes a Proper Invoice or for the Contractor to be entitled to receive payment, the Contractor's invoice, in duplicate, must set forth:

(i) a description, with specificity, of the goods delivered,

Work performed, services rendered, or other event initiating entitlement to payment pursuant to the terms of this Contract;

(ii) that portion of the Contract price related to such payment less any deductions such as retainage required pursuant to the terms hereof (if any); and

(iii) the Contract number.

b. Should the invoice not be calculated correctly, such as not taking into account retainage as a deduction, the Authority may either reject the invoice or treat the invoice as proper only to the extent of the correct calculation of the amount thereof.

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2. Supporting Documentation:

a. The Contractor's invoice relating to an Accepted Bus must be accompanied by copies of the following documentation, all of which shall be submitted earlier in accordance with Article 8 – Acceptance, Paragraph B: (i) Certificate of Origin which reflects the date when the Bus was built;

(ii) Bill of Sale;

(iii) Odometer Disclosure Statement; and

(iv) Certified Weight Slip where applicable.

b. The following are in addition to any other requirement set forth in this Contract with respect to what supporting documentation must accompany an invoice:

(i) In the event the Contract contains an inspection and

acceptance procedure, the Contractor's invoice relating to delivered and/or installed goods, the Work covered by such invoice must be accompanied by a copy of the Project Manager's Certificate of Acceptance, or equivalent document, thereof.

(ii) In the event the Contract provides for payment upon achieving stated milestones of performance, the Contractor's invoice relating to any milestone must be accompanied by a copy of the Project Manager's certificate, or equivalent document, that the milestone has been achieved.

(iii) In the event that the payment request is based upon a "deliverable", the Contractor's invoice must be accompanied by appropriate documentation that the deliverable has been delivered in accordance with the Contract, and if this Contract requires acceptance thereof as a condition precedent to payment, that the deliverable has been so accepted.

(iv) All invoices must also be accompanied by an affidavit (See Attachment Y for the required template) which contains a statement with sufficient specificity to establish the basis on which the payment is due according to the Contract. Any documentation generated by the Authority, such as certificate of acceptance, will be issued in accordance with the terms of the Contract.

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E. Inspection, Review and Audit: In addition to any other requirements pertaining to the right of the Authority or other entity to perform inspections, reviews or audits with respect to any payment or to the Contract as a whole, the Authority reserves the right to inspect, review and/or audit each invoice for payment to verify that the invoice amount is consistent with the materials, labor, goods, and/or services provided and is in accordance with the provisions of the Contract, as well as to determine the resources applied or used by the Contractor in fulfilling the terms of the Contract or otherwise to verify that the Work, goods or services billed for were provided in accordance therewith. The Authority will require ten (10) Authority Business Days from the Receipt of Invoice Date within which to perform this function.

F. Set-off: The Authority shall have the right to set off against any payment due the

Contractor under this Contract any unpaid legally enforceable debt owed by the Contractor to the Authority as outlined in Authority's Prompt Payment Rules adopted by its Board on March 25, 1988 (See Attachment H).

G. Designated Payment Office: The Designated Payment Office, to which all invoices are

required to be submitted under this Contract, is as follows:

1. Original and one (1) copy of all invoices to the designated Project Manager for this contract as follows:

Mr. John Higgins

New York City Transit Authority 750 Zerega Avenue Bronx, NY 10473

2. Unless otherwise stipulated in writing by the parties, the Authority shall make

payment subject to the following conditions, which are, unless waived in whole or in part by the Authority in writing, conditions precedent to payment:

a. The Contractor is not, in the Project Manager's and/or Procurement

Manager's opinion, in breach of any terms or provision of this Contract; and

b. The Project Manager has accepted the Work.

H. The Authority may withhold sums equal to any claims of the Authority against the

Contractor, for indemnification or otherwise, pending settlement or other disposition of such claim. The Authority may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Authority and if it so elects the Authority may also withhold any amounts due from the Contractor to any Subcontractors or Suppliers for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Authority and will not require the Authority to determine or adjust any claims or disputes between the Contractor and his Subcontractors or Suppliers, or to withhold any monies for their protection unless the

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Authority elects to do so. The failure or refusal of the Authority to withhold any monies from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this contract. The Authority may withhold payment to the Contractor, if the Contractor fails to remedy unsuitable conditions.

I. The Contractor shall be given written notice of any unsuitable conditions. J. The Contractor may contact the Assistant Chief Procurement Officer concerning matters

arising under this Article. ARTICLE 16 CONTRACTOR'S LOCAL MAINTENANCE FACILITY A. The Contractor shall maintain a “Local Maintenance Facility” (which under this Contract

is also the Designated Delivery Point) from commencement of the delivery of the Buses through the completion of the Work including campaigns/retrofits and at least until the end of the Bumper to Bumper Warranty of the last Bus delivered. This facility shall, unless waived by the Project Manager, be located within sixty (60) miles of Columbus Circle, New York, NY and shall be utilized by the Contractor to accomplish the pre-service checks as described in the Pre-Delivery Inspection (Attachment M – Post Delivery Inspection Sample) as well as any other contractual obligations under the Contract prior to presenting a Bus to the Authority for Acceptance.

B. This Local Maintenance Facility shall serve as a location for the performance of warranty

repairs and be stocked appropriately with critical parts and materials so that the Contractor shall be fully prepared at all times to meet its warranty repair obligations. The Local Maintenance Facility shall be equipped with major components including but not limited to engines and transmissions, to be used as “swing units” i.e., spare parts, components and systems to replace failed parts, components and systems under warranty (See Paragraph F.6 of Article 10 – Specific Guarantees/Warranties).

ARTICLE 17 TITLE TO EQUIPMENT Following the Acceptance of each Bus by the Authority, in accordance with Paragraph D of Article 8 – Acceptance, title thereto shall vest in the Authority. ARTICLE 18 AUTHORITY FURNISHED EQUIPMENT A. The Authority will make available to the Contractor for incorporation into the Work the

following item: Tires- See Technical Specification, Section 10.2. B. All Buses purchased by the Authority during the term of this Contract for use on the bus

routes of the Authority shall be purchased without tires, and the Contractor shall place proper tires and tire equipment on such Buses at the plant of the Bus Manufacturer. The Contractor shall notify the Authority of the required number of tires needed and to be leased in a particular period and the Authority will instruct the tire Manufacturer accordingly. In the event the Buses are driven, it will be the Contractor's responsibility to

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pay to the Authority the current Transit Authority leasing charges for the mileage to be incurred for transferring the Buses from the Contractor's plant to the Designated Delivery Point.

C. With respect to the tires, the Contractor shall be responsible for the proper installation/

incorporation into the Work with respect to each Bus and such installation Work shall be covered by the warranty as set forth in Article 10 – Specific Guarantees/Warranties. In the event that loss or damage to the tires is attributable to the Contractor's performance of the installation Work, such losses and/or damages shall be the responsibility of the Contractor pursuant to Article 14 – Risk of Loss. The Contractor shall maintain and provide to the Project Manager a list of Bus numbers and corresponding tires assigned to each Bus.

D. Except as expressly stated in this Article or elsewhere in the Contract, the Authority will

not provide any equipment, materials, labor or services. ARTICLE 19 MANUALS AND OTHER CONTRACTOR’S SUPPORT

REQUIREMENTS A. The parts Manual shall be an integrated and comprehensive guidebook that incorporates

all subject areas about the parts for all of the Bus components including the parts requirements for all Suppliers.

B. The Contractor shall at a minimum ten (10) days prior to the Configuration Audit develop

and supply to the Project Manager for his review and approval and the approval of the DOB Operations Support, five (5) drafts of each submittal, as noted below (all submissions shall be labeled “Draft Copy”) and be clearly labeled with the four-digit DOB Bus number series and a alpha/date sequential version on the outside cover and title page version, (i.e., “Draft” Date:xx/xx/xxxx):

1. Operator's Manuals

2. Maintenance Manuals

3. Set of Wiring Schematics

4. Set of Air Schematics

5. Recommended Spare Parts Listing With Replacement Rates and Stocking Levels

6. a. Component Manufacturer's Service Manuals, Troubleshooting, Overhaul,

Application, Installation and Parts Manuals – Climate Control, Destination Sign, Brake System, Fire Suppression, Engine and Transmission.

b. The Authority acknowledges that the component Manufacturer’s Manuals

are only available as final Manuals and will be supplied with Draft Bus

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Manuals. In the event of error in a Manual, the Contractor shall arrange for the necessary revisions by the component Manufacturer and redistribute the Manual to the Authority.

7. a. Parts Manual with Illustrations and Parts Manual Text File Database

(Excel 2003 or newer) for parts that are used on the Buses to be provided only under the Contract.

b. Database shall contain data fields to define the Bus builder’s part numbers,

Authority stock numbers, descriptions, page numbers, and reference or key numbers. The order of the database shall follow in book section order. The Authority shall return the database with the Authority stock numbers for the Parts Manual publication following the schedule for Manual submissions. All parts listed in the database and Parts Manual shall only be the parts that are used on the Buses that are delivered under this Contract, no additional parts shall be listed. Contractor shall notify the Authority of any parts updates outlined in the Contractor’s service bulletins during the twelve (12) year structural warranty period.

8. The Contractor shall provide the Authority with a file in Excel format, cross

referencing the Contractor’s Part Number and description with the Original Equipment Manufacturer’s (OEM) name, part numbers, address, telephone numbers and contact information for all parts on the Bus. (The Parts Manuals shall be an integrated Manual that incorporates all subjects in one (1) Manual. The Parts Manual shall incorporate the parts for all of the Bus components including the parts requirements for all Suppliers).

9. All Bus Manuals, schematics, diagrams, drawings, and diagnostic/troubleshooting

code cards shall be specific to the configuration of the Bus supplied.

10. All Bus Manuals and publications required by this Agreement will follow the format of electronic Portable Document Format (PDF). Each document must be in one continuous PDF file. The software standard shall be Adobe Acrobat and will be imbedded True Type fonts. The Authority will insert its own links to the Adobe Acrobat files.

11. All revisions to the Contractor’s part numbers shall be provided monthly via e-mail at an address to be established by the Authority (NYCT e-mail address), in addition to a hard copy update for a period of twelve (12) years commencing from the NOA.

C. The Contractor and the Authority shall jointly perform reviews and validations of all Draft Maintenance and Bus Operators Manuals, Electrical and Air Schematics prior to, during, and following the Configuration Audit. The Authority will provide written comments within sixty (60) days of completion of the Configuration Audit. The Contractor is solely responsible for the authenticity and accuracy of all Bus Operator and

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Maintenance Manuals, electrical and air schematics. The Contract Manager shall notify the Contractor of any variations, discrepancies or conflicts realized by the Authority in the Bus Operator & Maintenance Manuals and Electrical & Air Schematics. The Contractor is responsible to correct any inaccuracies and is responsible to resubmit updated corrections by submitting updated and complete Maintenance Manuals, Bus Operator Manuals, Electrical & Air Schematics, all in electronic format labeled with revision date and Bus numbers on covers and footers of each page.

D. Presentation of the “FINAL” Manuals shall be provided by the Contractor, one hundred

and twenty (120) days after the Configuration Audit. All such submissions must be labeled “FINAL” and are to be delivered in bulk directly to the Project Manager after receiving his schedule for acceptance. The Contractor shall collect, catalog and store all Subcontractor and Bus Supplier Manuals including their diagrams and schematics, if available. Once completely assembled, a "Solo" shipment shall then be shipped directly to the Authority, when authorized and scheduled by the Project Manager. Each box/carton in the Solo shipment shall be numerically labeled and shall be cross referenced to a master index to identify its contents. The Authority reserves the right to refuse the Solo shipment if any portion is incomplete. All transportation and delivery charges incurred shall be the responsibility of the Contractor. Shipments from other than the Contractor are strictly prohibited and shall not be accepted or credited toward the Solo shipment.

E. At the Project Manager’s sole discretion, the Authority shall accept only the Contractor’s

Manuals, schematics, and diagrams. However, the Project Manager shall have discretion to accept Subcontractor Manuals based upon the Project Manager’s determination as to their quality and value to the Authority.

F. The Contractor shall provide the following Final Manuals and/or publications (in loose

leaf binder form and on CD-ROM in PDF). Unless otherwise noted, the required quantities of each are listed in the tables of Article 19A – Schedule of Deliverables. All of the following shall be labeled “FINAL”:

1. Copies of the Bus Operator Manuals that are designed to explain and completely

describe to the Bus Operators the safe operation and general maintenance features of the Bus.

2. a. Copies of the Maintenance Manuals that are to be used as a ready

reference by maintainers, shop, and technical personnel in the diagnosis, maintenance, and repair of the Bus by schedule or as required to maintain its system in a safe and reliable condition for its intended use. For these Manuals, the Contractor will provide a revision service (at no additional cost to the Authority) in the same quantity for a period of four (4) years after delivery of the last Bus. Revisions shall be provided monthly via NYCT e-mail address.

b. All Maintenance Manuals provided (starting from the first draft through

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the last version on the fourth year) shall be clearly labeled with the DOB Bus number series and an alpha/date sequential version listed on the outside cover and title page of the paper versions. (i.e.) Version "A" Jun/2008). Additionally, the CD-ROM shall also complement each configuration. Each Manual page shall include a footer with the Bus year and DOB Bus number series printed for easy identification by the end user.

c. This Manual shall provide details of beam support, gusset or bracket types

with welding methods recommended for each type of body structure repair or reinforcement. The Manual is to locate precisely the locator studs, body marking reference or data points on the structure that can be used to confirm body alignment and distances for passenger safety and comfort.

3. a. Copies of the Wiring Schematics, 11” x 17" in size. Samples with proper

formatting will be provided by the Authority for the Contractor to follow. Front section of schematics will consist of line drawings of all main electrical panels, sub-panels of electrical controlled sub-systems with all components shown and labeled; relay tabulation table stating relay type and location; connector and terminal board wire tabulation stating color, wire size, wire number, and circuit; circuit breaker tabulation table stating size, circuit, and location; fuse tabulation table stating size, circuit and location.

b. For these schematics the Contractor shall provide ten (10) revised copies

twelve (12) months after delivery of the last Bus and three (3) years thereafter. They will be of reproducible quality.

4. Sets of reproducible (11” x 17”) copies of the wiring diagrams to be used in

training classes in accordance to the quantities set forth in Article 19A - Schedule of Deliverables. Additionally, the Contractor shall provide five (5) sets of reproducible wiring schematics (11” x 17”) printed on Mylar or vellum format.

5. a. Copies of the Air System Schematics. 11” x 17” in size. Sample with proper formatting will be provided by the Authority for the Contractor to follow. Front section should consist of line drawing of the Bus showing approximate location of components for each of the air sub-systems, i.e., supply and tanks, brakes, suspension, accessories. Schematics should be formatted so components are in approximate locations, i.e. compressor at rear, brake application valve at front. Air lines must be drawn showing accurate interconnections which allow maintainer to diagnose problems. First schematic will show the complete air system: color coded to match actual tubing, double line drawing for tubing, will include legend for all components and hoses/lines (i.e. R 14 R - Relay valve rear 4 psi, red-front service brakes), different types of lines should have discreet identification (i.e. copper tubing, Teflon hose, silicon hose, etc.) Additional schematics

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will be identical layout with the following exceptions: Should be single line, black and white, highlighted lines for different modes of operation. The following modes of operation will be provided on individual schematics: 1) main air supply, 2) front brake system, 3) rear brake system, 4) brake interlock system, 5) emergency and parking brake, 6) accessories, 7) suspension and leveling systems, 8) system at rest (no lines highlighted). For these schematics the Contractor will provide ten (10) revised copies twelve (12) months after delivery of the last Bus, and three (3) years thereafter. They will be of reproducible quality.

6. Sets of 11” x 17” copies of Air System Schematics to be used in training.

7. a. Copies of the parts book detailing all systems of the Bus with the

exception of engines and transmissions. The Parts Manual CD-ROM shall have no securities set to prevent the Authority from updating the Authority’s stock numbers. The revisions shall be maintained by the Contractor for a minimum of twelve (12) years. Revisions shall be provided to the Authority monthly via the NYCT e-mail address for all part numbers and maintenance procedure changes made by the Contractor. The Parts Manuals shall be fully integrated with all parts requirements for all of the components of the Bus. The e-mail shall include a description of each change, part number changes, and engineering reason(s) for such change as well as the corrected Parts Manual (in PDF format) for the Authority.

b. Copies of the Parts Manual on CD-ROM in PDF. The Electronic Manuals,

as stated above, shall be Authority specific and shall include all Authority stock numbers. No generic format shall be accepted. The Electronic Manual (in PDF format) shall be based on a single file (the data base as stated above). Multiple files are not acceptable.

8. Component Manufacturer Manual can be used as a ready reference by the Depot

and Shop personnel in the diagnosis maintenance and repair of these Bus Systems.

9. Copies of the engine, transmission, door, A/C, ABS etc. (pocket size diagnostic

code cards will be provided for where Suppliers offer such cards), if available from the Manufacturer.

10. Copies of a CD-ROM “Box Set” containing a complete data catalog CD-ROMs

including the Manuals for Bus Operator, Service & Parts, Electrical Schematics, Air Schematics and Sub-Component Manuals. Each of these electronic data disks shall be contained in one (1) plastic enclosure labeled with the Bus model, Bus number series data version and printing date.

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G. Facility Management Support

1. The Contractor shall assign a facility engineer, on an as required basis to the Authority, at no cost, for purposes of assisting the Authority’s facility engineers in introducing the Buses to the Authority’s depot(s). Such assistance shall include design and testing of necessary items such as lift plate adapters, specific fueling configurations, maintenance floor space layout, bus wash layout and other facility issues that may arise during the introduction of the Evaluation Buses. The Contractor’s engineer shall be available, should the Authority require his/her presence of advice or assistance, from thirty (30) days prior to the arrival of the Quality Audit Bus to thirty (30) days after the acceptance of the said Quality Audit Bus at the Depot.

2. The Authority shall have the right to reproduce, for Authority’s use only, Bus

Manuals and training guides, lesson plans and training course material. The Authority shall not disclose or provide this material or any information contained therein to any third person for any reason, except third parties performing services or work for the Authority.

3. In addition, the Authority shall have the right to videotape any and all training

sessions. Contractor shall provide any reasonable assistance required to effectuate such videotaping.

4. In any case, all documentation stated in Article 19 – Manuals and Other

Contractor’s Support Requirements, and Article 20 – Training, shall be the possession of the Authority.

H. Notwithstanding the content of Article 19 – Manuals and Other Contractor’s Support

Requirements, regarding parts catalogs, the Contractor shall provide the Authority with the Supplier’s and/or Manufacturer’s part number, address, telephone number and contact person, when Contractor is unable to make shipment of the Authority’s purchasing request for parts ordered on a purchase order within twenty-four (24) hours after the initial request or due date by the Authority in a coach-down (Bus out of service) situation or when a scheduled delivery is thirty (30) days past due. Such information shall be provided to the Authority within four (4) hours of the Authority’s verbal or written request.

ARTICLE 19A SCHEDULE OF DELIVERABLES 1. Manuals and Other Contractor’s Support Requirements (ARTICLE 19)

Deliverable Quantity Due Date A. Draft Manuals Manual/CD 1. NOT USED 2. Bus Operator Manuals Draft 5/2 30 days prior to Configuration Audit 3. Maintenance Manuals Draft 5/2 30 days prior to Configuration Audit

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Deliverable Quantity Due Date 4. Wiring Schematics Draft 5/2 30 days prior to Configuration Audit 5. Air Schematics Draft 5/2 30 days prior to Configuration Audit 6. Recommended Spare Parts List Draft 5/2 30 days prior to Configuration Audit

7. Component Manufacturer's Manuals

To be provided if available from Manufacturer and only where information is not part of the Contractor’s Maintenance Manual

7.1 Climate Control 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

7.2 Destination Sign 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

7.3 Brake System 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

7.4 Fire Suppression 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

7.5 Engine 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

7.6 Transmission 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals

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Deliverable Quantity Due Date c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

7.7 Air Compressor 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

7.8 Starter 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

7.9 Alternator 5/5 30 days prior to Configuration Audit a. Service Manuals b. Troubleshooting Manuals c. Overhaul Manuals d. Application Manuals e. Installation Manuals f. Parts Manuals

8. Parts Manuals and OEM Database 5/5 30 days prior to Configuration Audit B. Final Manuals

9. Operators Manual and CD 40/10 120 days after Configuration Audit 10. Maintenance Manual and CD 10/10 120 days after Configuration Audit 11. Wiring Schematics, 11"x17" 10/10 120 days after Configuration Audit 12. Reproducible Wiring Schematics, 11"x17" 5/5 120 days after Configuration Audit 13. Air Schematics, 11"x17" 10/10 120 days after Configuration Audit

14.

Software Licensing (Engine, Transmission & Multiplex) 1-year license keys which must be valid for activation through and including one (1) year after the date the last Bus is Accepted.

24 for each of the 3 systems

270 days after Acceptance of the first Bus

15. Set of all interface communications devices including cabling and adaptors (portable test equipment) 2 Sets 60 days prior to

Configuration Audit

16. Component Manufacturer Manuals and CD (total includes 5 copies received with drafts) 10/10 120 days after Configuration Audit

17. Parts Manual and CD (total includes 5 copies received with drafts) 10/10 120 days after Configuration Audit

18. Diagnostic Cards (per system Manufacturer, if available form Manufacturer) 100 120 days after Configuration Audit

19. Diagnostic Software: Engine, Transmission, ABS, A/C, Multiplex, Destination Signs 2 120 days after Configuration Audit

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Deliverable Quantity Due Date

20.

CD-ROM “Box Set” containing a complete data catalog CD-ROMs including the Manuals for Bus Operator, Driver Guides, Service & Parts, Electrical Schematics, Air Schematics and Sub-Component Manuals.

5 Box Sets 120 days after Configuration Audit

21.

FINAL DRAWINGS in PDF or DXF format (11”x17”) Drawings shall minimally include:

a. Entire structure of the bus b. Interior body with dimensions c. Exterior body with dimensions d. Floor e. Glazing and frames f. Engine and Transmission mounts g. Fuel tanks and supporting structure h. Passenger assists layout i. Seat placement and dimensions j. Passenger door and window dimensions k. Wiring schematics and drawings l. Wiring harnesses and cables drawings m. Plumbing schematics (pneumatic/hydraulic) and drawings n. Suspension o. Any specialized bracketry or mounts p. Battery tray q. Paint Scheme r. Interior decal placement s. Exterior decal placement t. Destination Signs drawings and schematics u. Frame Drainage Plan v. INTENTIONALLY LEFT BLANK w. FSS installation and routing x. ADA device installation

5/5 120 days after the delivery date of the final production bus

2. Training (ARTICLE 20)

Deliverable Quantity Due Date 22. Draft of Training Program including:

course training, schedule outline and course materials 60 days after

Notice of Award

23. Training Classes (Estimated Quantity) As required

To span from 30 days prior to 1st Bus delivery until 180 days after Bus

deliveries completed. 3. Miscellaneous

Deliverable Quantity Due Date 24. MBE/WBE Compliance Monthly Reports

(Section 1 Paragraph 25) Monthly

25. Structural Qualification (Design Life Validation)

Prior to NOA

26. Structural Representative Drawings Acceptance of 2 Pilot Buses

27. Proof of Warranty: Contractor must provide proof that the Authority is a 3rd Party Beneficiary of the Warranty (Article 10, Paragraph B)

Pre-Pilot Meeting

28. Warranty Plan: Include parts support, response times, directory Within 60 days of Notice of Award

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Deliverable Quantity Due Date of contacts and SRT Manual (Article 10, Paragraph B)

29. Design Application Approvals of all Major System/Sub-System Suppliers for their respective components and systems

In accordance with Appendix D

30. Service Plan Prior to Release for Shipment of Pilot Buses

31. FAI Schedule (Article 3C)

In accordance with Appendix D

32. AVM Optimization for Clever Devices IVN units

Acceptance of the first Bus through and including December 31 of the

year in which the first Bus is Accepted

33. Software Maintenance for Clever Devices IVN units

Acceptance of the first Bus through and including December 31 of the

year in which the last Bus is Accepted

IV. Technical Specifications

Deliverable Quantity Due Date 34. Key # 0C00

(Section 2.7.17, 5.3 and 16.3) 1 per Bus Delivered in bulk

35. Operator’s Quick Reference Guides (section 4.5)

2000/ 10 CD-ROMs Delivered in bulk

36. 3-D views of the Bus structure on CD-ROM and licensed copy of the software required to view the 3-D CD-ROM (Section 17.11.1)

4 30 days after the delivery date of the final production bus

37. Tow Adapters (Section 2.5.4.2)

14

The first adapter shall be delivered to NYCT at least 30 days before delivery of the first bus.

The balance of adapters shall be delivered to NYCT at least 30 days prior to delivery of the first production bus.

ARTICLE 19B LONG TERM PARTS PROVISIONING AND PRICING 1. The Contractor shall be responsible for making parts or components manufactured by the

Contractor or its Major Suppliers that are not generally available on the open market available for the Authority to purchase at any time for a period of twelve (12) years following the Acceptance of the last Bus under this Contract.

2. In the event the parts or components become obsolete or unavailable, or the Subcontractor

who supplied such parts/components for purposes of the Contract is no longer approved by NYCT to supply that part/Component, the Contractor shall be obligated to work with the Authority to identify alternate sources that are capable of supplying such parts or components upon request by the Authority.

3. The Contractor shall provide the Authority with the most favored customer price which

shall mean the best price given by the Contractor to the most favored customer. The

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Authority will provide the Contractor with a list of required parts or components which have been identified as only being available from a sole source at the time when it intends to purchase those parts or components. The Contractor shall provide the Authority with a cost proposal and a completed Authority CP-8 Form, Certified Cost or Pricing Data Form (See Attachment A), for the requested items. The Contractor shall submit to the Authority any and all documentation requested by the Authority to certify the completed CP-8 Form. This cost data shall include all costs associated with the production and/or procurement of parts or components, including all reasonable and necessary costs arising from manufacturing restart and/or any redesign and revalidation of equipment that may have become obsolete or unavailable. All cost data shall be supported by auditable documentation and financial statements. The Authority reserves the right to audit these costs at any time. In support of such an audit the Authority agrees to sign a non-disclosure agreement with the Contractor or Major Supplier to protect the confidentiality of the cost data and limit its dissemination within the MTA. In the event that the part or component is sold to customers other than the Authority, the Contractor may provide the Authority with a price proposal and a supporting CP-8A form, Claim for Exemption from Submission of Certified Cost or Pricing Data Form (See Attachment A), the acceptability of which shall be determined by the Authority. If the CP-8A form is deemed unacceptable by the Authority, the Contractor shall revert to providing the aforementioned CP-8 form and supporting documentation. This pricing agreement shall be in effect for twelve (12) years from the Acceptance of the last Bus under this Contract.

4. Orders for such parts or components shall be made through purchase orders which shall

be issued and funded separately from this Contract. Lead time, for each item ordered, shall be consistent with the industry standard lead time for production of the item. Warranties for ordered parts/components shall be consistent with the guarantees/warranties required under this Contract.

5. This provision shall survive the early termination of this Contract. ARTICLE 20 TRAINING A. ASPECTS OF TRAINING PROGRAM

1. Purpose

The purpose of the training program is to provide to the Authority’s employees (trainers, operators, maintainers, management personnel and other support personnel) an understanding of the operation and maintenance of the various sub-systems of the Bus. The Contractor is to design the training program in such a manner as to bring the level of knowledge and skills of the target population of Bus Maintainers and Operators to be fully adequate to operate or maintain the Bus, its Major Systems and Subsystems identified in Paragraph B, below. The required number of training days shall be provided by the Contractor on an as needed basis throughout the delivery of Buses and may continue for a period of three hundred sixty-five (365) days after receipt of last Bus. The Contractor shall

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maintain a statement of training days provided. A reconciliation statement is due on the first of each month.

2. Authority Rights

a. The Authority shall have the right to reproduce, for Authority’s use,

Manuals and training guides, lesson plans, and training course material.

b. In addition, the Authority shall have the right to videotape any and all training sessions. Contractor shall provide any reasonable assistance required to effectuate such videotaping.

B. TRAINING LOGISTICS

1. Training Specifics

a. The Contractor shall provide qualified instructors for each of the proposed training classes. The classes will be held five (5) days a week for an estimated quantity of one hundred eighty (180) days of training for the Buses. The training days shall be provided by the Contractor throughout the delivery of Buses, on an as needed basis, at the direction of the Authority and may be required for a period of one (1) year after receipt of last Bus. The class day shall be eight (8) hours minimum duration with seven (7) hours instruction. The Contractor and Subcontractors shall provide training classes on days and hours which shall include holidays and weekends throughout a twenty-four (24) hour period designated by the Authority. Training shall not be limited to one (1) shift in a scheduled week; the Contractor shall be provided an eight (8) hour period between classes/between shifts, per Authority standard practices. When and if possible, the Authority shall provide a fifteen (15) day notice for Contractor provided OEM training and a thirty (30) day notice for Subcontractor provided training. The Contractor and Subcontractor(s) shall strictly adhere to current Authority normal business practices. Separate classes shall be prepared and presented by the Contractor based on the orientation of the Authority's personnel.

b. At the Authority’s discretion, the Contractor shall be required to provide a

demonstrative/observational class for the Authority’s approval.

2. Class Size

A typical class shall accommodate a minimum of two (2) students to a maximum of eight (8) Authority employees per class unless otherwise agreed by the Contractor and the Authority. The Contractor shall identify alternative instructional lesson plans to provide to the Contractor's or Authority's instructors the flexibility and adaptability to accommodate different student needs and levels of instructions.

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3. Invoicing for Training

The Contractor shall provide monthly invoices for each day and type of training provided during the proceeding month. Payment of monthly invoices for training shall be made by the Authority in accordance with Article 15 – Price to Include/Invoice and Payment.

C. PROGRAM REQUIREMENTS

1. Course Topics: The Contractor shall, sixty (60) days after receipt of the NOA submit to the Project Manager for review and approval, a draft Training Program (the “Training Program”), including course training schedule outline and course materials - Authority Bus specific, i.e., Instructor and participant’s guides, for each of the following:

a. Familiarization and Orientation

b. Interlock system

c. HVAC

d. Specialized diagnostics

e. Front and exit passenger doors

f. Wheelchair ramp

g. Brake system/ABS

h. Electrical system/multiplexing network(s)

i. Steering/suspension

j. Air system in its entirety

k. Engine, transmission and its accessories, including interaction with Bus sub- systems.

l. Engine exhaust treatment

m. Intensified engine diagnostic and troubleshooting (codes, remedy)

n. Preventive maintenance/inspection (using Authority formatted inspection sheets)

o. Body, panel R& R, repair, glass and paint

p. Tow and road truck procedures including front lift, rear lift, flat tow, and catastrophic tow processes

2. The Project Manager will, within thirty (30) days after receipt of the Training

Program, approve, partially approve, or disapprove the Contractor's Training Program. The Contractor must submit corrected material within thirty (30) days after rejection.

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D. TRAINING COURSES

1. Delivery Methods: The training courses given by the Contractor shall include, at a minimum, the following topics as they apply to each:

a. Theory of system operation;

b. Scheduled and unscheduled system maintenance and procedures;

c. General safety practices involved in bus operation and maintenance;

d. Hands-on training using actual bus defects and installed malfunctions as training models;

e. Diagnosis and troubleshooting techniques;

f. Inspection and testing procedures.

2. The training course shall be in sufficient depth of subject (outlined with a detailed time frame activity oriented, lesson plan, in Microsoft Word-electronic format) and detail to help the students accomplish the objective of the training course or module and include participant and instructor's guides, course objectives and methodology, and student theoretical and hands-on assessment measures reports in Microsoft Word-electronic format. All Subcontractors shall be approved by the Training Center prior to their presentation and shall also submit their comprehensive lesson plans.

E. TRAINING PROCESSES

1. Training Methods

a. The training methods shall include, but are not limited to, system mockups, slides, handouts (laminated pocket type), videotapes (interactive and orientation type) and classroom lectures.

b. The training materials shall be reproducible and shall remain in the

possession of the Authority, at no additional cost, at the conclusion of the Training Program. Instructors and Participants guides shall be provided on CD-ROM in a format compatible with PC, Windows version of Microsoft PowerPoint.

2. Attendance Sheets

The Contractor shall provide a daily and collective attendance lists (in Access electronic format or format approved by the DOB Training Center) directly to the administrative staff at the training center of the Authority. The daily attendance list shall be faxed directly to the training center at the first break during training day, and an e-mail listing attendees shall be sent directly to the training center

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after the conclusion of the training day by the instructor. Any training days not verified with an approved attendance sheet to the Authority shall not be invoiced.

F. ON THE JOB TRAINING (OJT)

Additional training methods shall include OJT that shall be delivered directly to personnel at locations and work tours designated by the Project Manager. These training days shall follow the same criteria for attendance and documentation specified for classroom training.

G. CLASS LOCATIONS

The class locations shall be at the Authority Training School, or at the Contractor's manufacturing facility or Local Maintenance Facility or at any other point in New York City or metropolitan vicinity as designated and approved by the Project Manager.

H. START DATE

The training start date and location shall be established by the Project Manager, but shall begin no later than thirty (30) days prior to the delivery of the first Production Bus.

ARTICLE 21 BUY AMERICA STEEL

A. This Contract is subject to Section 2603-a of the Public Authorities Law (Chapter 441,

Laws of 1983) entitled “Letting of Certain Contracts Involving Steel Products.” This provision, hereinafter referred to as the “Buy America Steel Provision,” requires the Board of each Public Authority to implement such law and to determine whether application of the provisions thereof would result in unreasonable costs or that steel products or steel components cannot be produced or made in the United States in sufficient and reasonably available quantities or of satisfactory quality or design. The Authority has adopted the following guidelines with respect to the implementation of such provisions which will be applicable to this Contract:

B. GUIDELINES

1. Definition. Steel component means a product rolled, formed, shaped drawn, extruded, forged, cast, fabricated or otherwise similarly processed or processed by a combination of two or more operations, from steel.

2. Supplies, material, or equipment shall be deemed to be made of, fabricated from

or contain a steel component or steel components if the cost of the steel component or components exceeds fifty percent (50%) of the cost of the material content of the supplies, material or equipment. Such supplies, materials and equipment shall be referred to herein as “steel products.”

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3. A steel component, including structural steel and reinforcing steel, shall be deemed to have been produced or made in whole or in substantial part in the United States, its territories or possessions if the cost of the portion thereof, including both materials and processes, produced or made in the United States, its territories or possessions, exceeds fifty percent (50%) of the cost of the component. Such steel components shall be referred to herein as “domestic steel components.”

4. Procedures.

a. Bidders are permitted and are encouraged to utilize domestic steel and to

submit bids for steel products containing domestic steel components. They may also submit bids for steel products not domestically produced.

b. The provisions of this Paragraph are applicable to the purchase of' steel

products estimated to cost in excess of $50,000 and for contracts for construction, reconstruction, alteration, repair, or maintenance of a facility estimated to be in excess of $100,000. Bidders must complete and return the Domestic Steel Certification, which is included in the Bid. Bidders shall state therein the amount of the Bid which represents the cost of steel components, stated separately for domestic steel components and foreign steel components.

c. In a competitively bid contract, the cost of a domestic steel component

shall be deemed reasonable if the lowest responsive and responsible Bidder has offered all or substantially all domestic steel components.

d. In a competitively bid contract, if a bid including domestic steel

components is responsible and responsive, but not the lowest, a credit shall be allowed in the amount of six percent (6%) of the cost of the foreign steel components contained in the lowest responsible and responsive bid, and the Contract shall be awarded to the lowest responsible and responsive Bidder offering domestic steel components if the subtraction of such credit from the amount of its bid makes such bid the lowest responsible and responsive bid.

e. The procedures provided in (4) above shall not be used if its application

would result in the award of a contract utilizing domestic steel components of less total cost than if such procedure were not followed.

f. If no bid is received which includes steel components produced or made in

the United States, a conclusive presumption shall be made that such steel component or components are not available domestically.

g. If a negotiation is undertaken with one party only, evidence must be

submitted that the cost of a foreign steel component is at least six percent

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(6%) less than the cost of domestic steel components if foreign steel components are offered.

5. A determination that steel products or steel components are not produced or made

in the United States of satisfactory quality or design shall be made by the Board of the Authority on a case by case basis.

6. Emergency Procurements. In an emergency, steel products shall be deemed not to

be produced or made in the United States in sufficient and reasonably available quantities or of satisfactory quality or design if after reasonable inquiry, the Authority determines that such steel products cannot be obtained within the six percent (6%) cost differential referred to in Subparagraph D. within the time required by the emergency.

7. Motor vehicles and automobile equipment assembled in Canada in conformity

with the United States-Canadian trade agreement known as the “Automotive Products Trade Act of 1965” shall not be deemed of foreign origin.

C. POST AWARD DETERMINATION

1. If in submitting its Bid, the Contractor certified that it would supply domestic steel products or components but finds out after Contract award that the steel products or components cannot be produced or manufactured in the United States but may be obtained using foreign steel, the Contractor will make a request in writing, to the Authority’s Chief Procurement Officer with a copy to the Project Manager, that the Authority make a determination that the steel product(s) or steel component(s) are not produced or made in the United States of satisfactory quality or design. The Contractor’s request will contain the following information:

a. the Authority’s contract or purchase order number, and the Authority’s

part or specification number;

b. an explanation why the Contractor was unable to ascertain prior to award that it could not obtain the steel product(s) or components(s) of satisfactory quality or design produced or made in the United States;

c. for both the domestic steel supplier or manufacturer and the proposed

foreign steel supplier or manufacturer the following:

i. supplier or manufacturer’s name;

ii. supplier or manufacturer’s part number;

iii. cost (including associated costs for the item such as shipping); and

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iv. delivery schedule or time of availability;

d. a written statement from the domestic steel supplier or manufacturer that it is no longer manufacturing or producing the specified item(s), or a sworn statement from the Contractor that the domestic steel supplier or manufacturer is no longer in business;

e. an explanation as to what efforts the Contractor has made to obtain a

substitute product manufactured or produced from domestic steel that meets or exceeds the Authority’s requirements; and

f. any additional information that the Authority may request in support of the

Contractor’s request for a determination.

2. If the Authority in making the award to the Contractor allowed the Contractor a six percent (6%) credit against other bidder(s) offering foreign steel components and the Authority makes a determination that an exception to the Buy America requirements applies, then the Authority shall be entitled to a price adjustment reducing the total amount payable to the Contractor. The price adjustment shall be derived by taking the difference of the dollar value (if any) of the foreign steel components proposed by the Contractor in its Bid and the dollar value of foreign steel components proposed by the bidder against which the credit was taken; times (X) the sum of the six percent (6%) credit plus (+) a four percent (4%) administrative fee; times (X) a fraction of which the numerator is the dollar value of the domestic steel components proposed by the Contractor for the exception; the denominator of which is the dollar value of the domestic steel components proposed by the Contractor in its Bid.

Example:

$ value of foreign steel

components proposed by the bidder against which the credit

was taken

$ value of domestic steel components proposed by the Contractor for an

exception

less (-) X 10% X divided by (÷) $ value of foreign steel

components proposed by the Contractor in its Bid (if any)

$ value of domestic steel components proposed by the Contractor in its Bid

3. If the Authority determines that an exception to the Buy America requirements

applies, a modification to this Contract will be executed allowing the use of foreign steel products or foreign steel components.

ARTICLE 22 NO THIRD PARTY BENEFICIARIES Except as to the Authority’s status as a third party beneficiary to a warranty in the name of the

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Contractor, there are no third party beneficiaries intended to be created by or as a result of or in any way connected with this Contract. ARTICLE 23 EFFECT OF APPROVAL A. Any review, acceptance, "no comments" or approval by the Authority under the Contract

shall be construed merely to mean that the Authority knew of no good reason, at that time, to object thereto. No such review, acceptance, "no comments" or approval shall impose any liability on the Authority or release or relieve Contractor of sole responsibility for the accurate and complete performance of the Work, including the design, arrangement, construction or satisfactory operation of the Buses to meet the requirements specified herein, nor shall it impair any of the Contractor's obligations, or any other duty, obligation or liability imposed on it by this Contract.

B. No certificate by the Engineer nor any order by the Authority for payment of money, nor

any payment for, nor acceptance of, the whole or part of the work nor any extension of time, nor any possession or use taken by the Authority or its employees shall operate as a waiver of any portion of this Contract or of any power herein reserved to the Authority or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach.

ARTICLE 24 EFFECT OF FAILURE TO COMMENT OR APPROVE With respect to any time period specified herein for the Authority to comment or grant approval of any submission by the Contractor, any failure on the part of the Authority to return comments or grant approval as set forth hereunder shall not be deemed approval by the Authority, nor shall the Contractor be entitled to any damages by reason of the failure to give approval or comments within the time specified. Contractor's sole remedy shall be to seek an extension of time pursuant to Article 34 – Extension of Time. ARTICLE 25 DISCLAIMER A. It is understood by the Contractor that the Technical Specifications and Contract

Drawings (if any) including but not limited to the specification of parts, components, Systems or Subsystems and the specification thereof by brand name are provided by the Authority solely for the purpose of describing in general terms the performance of the Work required under this Contract and do not in any way constitute a design by the Authority or the Contracting Party of such Work.

B. It is further understood that the Authority or the Contracting Party make no warranties

whatsoever concerning such Technical Specifications and Contract Drawings (if any), and it is the ultimate responsibility of the Contractor to provide for the design and furnishing of the Work in accordance with the Contract Documents.

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ARTICLE 26 CONTRACTOR'S RESPONSIBILITY No provision herein, nor any action or judgment of the Authority under provisions herein shall be interpreted as in any way relieving the Contractor from complete responsibility for all obligations and requirements under this Contract, and for the quality and propriety of all Work performed under the Contract Documents. ARTICLE 27 FUMIGATION/EXTERMINATION A. The Contractor shall treat all Buses at the manufacturing facility with Avert (or equal as

determined by the Project Manger), a chemical used in exterminating insects. B. The Contractor shall use exterminating chemicals that contain slow release mechanism

which upon application will control, by residual action, the existing sources of infestation and prevent or and severely limit insects from entering treated Buses.

C. The application shall dry to the touch in one (1) hour and harden within forty-eight (48)

hours. The effectiveness of the application must not be diminished by the routine cleaning and scrubbing of treated Buses. The Contractor shall not apply any pesticides into the air conditioning and heating ducts or on the passenger and driver's seats and on handrails or areas that can be touched by passengers or drivers. The Contractor shall mark (with chalk) the time and date the Bus was treated on the front curb side tire and a crayon notation on the Bus’ front passenger window. The notation shall consist of date of application, time and type of pesticide applied. The Contractor shall remove the insulation under the Bus’ rear seat prior to application of the pesticides. The Contractor upon completion of the application will replace the insulation under the rear seat and return the seat to the original closed position.

ARTICLE 28 SPARE PARTS A. The Contractor shall deliver to NYC Transit the spare parts listed in the Price Schedule in

such quantities as set forth therein. Fifteen (l5) days prior to shipment, Contractor shall inform the Authority of the items to be shipped including a description of each item, the quantity, the Manufacturer's name, the Manufacturer's part number, the unit price, the Contractor's part number, the unit serial number and NYC Transit's stock/commodity and Purchase Order number. Spare parts shall conform to the latest NYC Transit approved configuration. All deliveries shall be in accordance with NYC Transit's shipping and receiving requirements as set forth in the Standard Guidelines for Delivery of Spare Parts (Attachment DD). The spare parts deliveries shall be delivered within ninety (90) days after Acceptance of the first Production Bus.

B. Contractor unconditionally warrants the successful operation of all spare parts supplied

pursuant to this Article without any defect or failure from the time of installation on the Bus for the specified period of time specified in Article 10.A and 10.B for the applicable part measured from the date of installation of such part on a Bus.

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C. Spare parts shall be shipped FOB Destination to: NYCT DOB Storeroom #56, 331 Tiffany Street, Bronx NY 10473.

ARTICLE 29 INSURANCE Contractor shall provide all insurance coverages as required by the attached Schedule A "Insurance Requirements". ARTICLE 30 SECURITY FOR PERFORMANCE A. As security for the delivery of all Buses to be furnished under this Contract, the

Contractor shall furnish a Performance Bond in the form annexed to the Contract as Attachment B – Performance Bond Template, in an amount of ten percent (10%) of the sum of the extended price for Item 1 of the Price Schedule, executed by the Contractor and by a surety or sureties approved by the Authority. The Performance Bond shall be delivered prior to the NOA and shall be effective from the date of the NOA to the Delivery of the last Bus under this Contract. The execution of the bond must be duly proved before delivery of the bond in the form essential to entitle a deed to be recorded in the State of New York, and full affidavits of justification of the sureties must be added. In lieu of the bond, the Contractor may deposit cash or securities approved by the Authority in a sum equal to the total amount of the bond. Such substitution shall be in accordance with the rules established by the Authority.

B. In case a surety shall become insolvent, its license is revoked or suspended, or in the case

of a Surety approved on the basis that it is listed as an approved federal surety, that such federal approval is revoked or suspended, the Contractor, within five (5) days after notice by the Authority, shall substitute other and sufficient surety or sureties as approved by the Authority. If the Contractor fails to do so, such failure shall be an Event of Default.

C. In lieu of defaulting the Contractor under Paragraph B above, the Authority may allow

the Contractor to continue the Work in which event the Authority may deduct from any monies then due or which thereafter may come due to the Contractor the amount for which the surety shall be held and bound upon the said bond. The monies so deducted may be held by the Authority as collateral security for the performance of the conditions of the bonds and such monies shall in such case be deemed to have been paid to the Contractor under this Contract.

D. In addition to the terms set forth in this Contract, the Performance Bond referred to in this

Article shall provide the following:

1. The term of the bond shall continue notwithstanding the winding up, insolvency, bankruptcy, or reorganization of the Contractor of any other rearrangement of the Contractor for the benefit of the creditors;

2. Without affecting or impairing the obligations of the bond, the Authority may,

without the consent of, notice to, or further assent by the surety, (A) extend,

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accelerate, or otherwise change the time, manner, place or terms of payment by the Contractor of any obligations under the Contract, (B) extend the time for the Contractor to perform or comply with any of its obligations, (C) consent to the Contractor's failure to conform or comply with its obligations under the Contract, (D) release the Contractor or settle or compromise disputes and claims against the Contractor, and (E) extend credit or other accommodations to the Contractor at any time;

3. The Authority may make a demand under the bond without waiving its right to

make a demand at any future date under the bond; 4. The bond shall be continuing, direct, absolute and unconditional without regard to

or of any defense, offset or counterclaim which may at any time be available to or asserted by the Contractor, or the surety against the Authority, it being the purpose and intent that the bond and the obligations and liabilities of the surety thereunder shall be continuing, direct, absolute, and unconditional, until discharged by payment and performance;

5. The surety waives notice of the creation, renewal, extension, or accrual of any of

the obligations under the Contract and notice of acceptance by the Authority; 6. The surety waives presentment, protest, demand for payment, and notice of

default or nonpayment to or upon the surety and to or upon the Contractor; 7. The bond shall be binding upon successors and assigns of the surety and inure to

the benefit of the successors and assigns of the Authority; and 8. The bond shall be governed by and be construed and interpreted in accordance

with the laws of the State of New York and the surety consents to jurisdiction of the New York courts as to any dispute arising hereunder.

E. The Contractor may elect to replace the Performance Bond by posting an irrevocable

standby Letter of Credit (LOC) in the amount of ten percent (10%) of the sum of the extended price for Item 1 of the Price Schedule in lieu of the Performance Bond. If the Contractor posts a LOC, the Contractor shall deposit with the Authority an irrevocable LOC in the form set forth in Attachment D – Letter of Credit Template to this Contract and in accordance with the requirements and subject to the conditions as set forth below:

1. The Contractor shall deposit such LOC with the Controller of the Authority and

the LOC shall be effective from the date of the LOC delivery to the delivery of the last Bus under this Contract.

2. The LOC shall be issued by a financial institution acceptable to the Controller of

the Authority with a local office presentation. 3. The Authority may make presentment against the amount specified pursuant to

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such LOC upon the Authority's determination that the Contractor has failed to faithfully perform the Work in connection with the Contract including but not limited to, Article 6 – Time for Completion and Delivery, or any other provisions of this Contract relating to Delivery of the Buses, any such presentment being in the amount due and owing to the Authority as the result of such default.

4. The LOC shall contain provision for its automatic renewal upon the expiration of

the original or any renewal term thereof upon the terms and conditions then in effect, unless the issuing financial institution gives the Authority written notice sixty (60) days prior to the expiration date of the LOC of its intention not to so renew. If the Contractor fails to provide a satisfactory replacement LOC within ten (10) days of the financial institution's notice to the Authority, the Authority may draw down the full amount then remaining available under the LOC.

5. The LOC shall be returned by the Authority to the Contractor to the extent not

utilized, marked "cancelled" upon Acceptance of the last Bus or later, as otherwise agreed to between the parties.

ARTICLE 30A SECURITY FOR WARRANTY PERIOD 1. The Contractor shall provide security for the performance of the warranty work for a

period commencing upon delivery and Acceptance of the first Production Bus and expiring five (5) years from the Acceptance of the last Bus in the form of (A) a warranty bond in the form annexed hereto as Attachment C – Warranty Bond Template, or such other form as approved by the Authority in its sole discretion, in the amount of two percent (2%) of the sum of the extended prices for Item 1 of the Price Schedule or (B) an irrevocable standby LOC in the amount of two percent (2%) of the sum of the extended prices for Item 1 of the Price Schedule in the form annexed hereto as Attachment D – Letter of Credit Template, or such other form as approved by the Authority in its sole discretion, or (C) any combination of warranty bond and LOC acceptable to the Authority.

2. The warranty bond shall (A) be deposited with the Authority prior to the delivery of the

first Production Bus, (B) be payable to the Authority, its successor and assigns, (C) be with one or more corporate sureties licensed to do business in the State of New York and in good standing under the laws of the State. The surety's fee will be paid by the Contractor at no additional cost to the Authority. Contractor's obligation to provide warranty bonds shall be in addition to its obligation to provide Performance Bonds.

3. In addition to the terms set forth in this Contract, the warranty bond referred to in this

Article shall provide the following:

a. The term of the bond shall continue notwithstanding the winding up, insolvency, bankruptcy, or reorganization of the Contractor of any other rearrangement of the Contractor for the benefit of the creditors;

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b. Without affecting or impairing the obligations of the bond, the Authority may, without the consent of, notice to, or further assent by the surety, (A) extend, accelerate, or otherwise change the time, manner, place or terms of payment by the Contractor of any obligations under the Contract, (B) extend the time for the Contractor to perform or comply with any of its obligations, (C) consent to the Contractor's failure to conform or comply with its obligations under the Contract, (D) release the Contractor or settle or compromise disputes and claims against the Contractor, and (E) extend credit or other accommodations to the Contractor at any time;

c. The Authority may make a demand under the bond without waiving its right to

make a demand at any future date under the bond;

d. The bond shall be continuing, direct, absolute and unconditional without regard to or of any defense, offset or counterclaim which may at any time be available to or asserted by the Contractor, or the surety against the Authority, it being the purpose and intent that the bond and the obligations and liabilities of the surety thereunder shall be continuing, direct, absolute, and unconditional, until discharged by payment and performance;

e. The surety waives notice of the creation, renewal, extension, or accrual of any of

the obligations under the Contract and notice of acceptance by the Authority;

f. The surety waives presentment, protest, demand for payment, and notice of default or nonpayment to or upon the surety and to or upon the Contractor;

g. The bond shall be binding upon successors and assigns of the surety and inure to

the benefit of the successors and assigns of the Authority; and

h. The bond shall be governed by and be construed and interpreted in accordance with the laws of the State of New York and the surety consents to jurisdiction of the New York courts as to any dispute arising hereunder.

4. In case the surety shall become insolvent, then the Contractor, within a reasonable time

after notice by the Authority, to the Contractor, shall substitute one or more sureties approved by the Authority in place of such insolvent surety. Failure to supply the security for performance as required by this Article shall be deemed a default by the Contractor in the performance of its obligations hereunder.

5. If the Contractor posts a LOC pursuant to Paragraph 1B above, the Contractor shall

deposit with the Authority an irrevocable LOC in the form set forth in Attachment D – Letter of Credit Template to this Contract and in accordance with the requirements and subject to the conditions as set forth below:

a. The Contractor shall deposit such LOC before the Authority shall accept the first

Bus delivered, not including Pilot Buses.

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b. The LOC shall be issued by a financial institution acceptable to the Controller of

the Authority with a local office presentation.

c. The Authority may make presentment against the amount specified pursuant to such LOC of credit upon the Authority's determination that the Contractor is in default of Article 10 - Specific Guarantees/Warranties, or any other provisions of this Contract relating to guarantees and warranties, any such presentment being in the amount due and owing to the Authority as the result of such default.

d. The LOC shall contain provision for its automatic renewal upon the expiration of

the expiration of the original or any renewal term thereof upon the terms and conditions then in effect, unless the issuing financial institution gives the Authority written notice sixty (60) days prior to the expiration date of the LOC of its intention not to so renew. If the Contractor fails to provide a satisfactory replacement LOC within ten (10) days of the financial institution's notice to the Authority, the Authority may draw down the full amount then remaining available under the LOC.

e. The LOC shall be returned by the Authority to the Contractor to the extent not

utilized, marked "cancelled" upon expiration of five (5) years from acceptance of the last Bus or later if the warranty term is extended in accordance with Paragraph A of Article 6 – Time for Completion and Delivery, or Article 8 - Acceptance, or earlier, if the Authority has agreed to the replacement of the LOC by a warranty bond in accordance with Paragraph 1A hereof.

ARTICLE 31 NOTICES Except as otherwise specifically provided, the delivery of any notice, direction or communication to the Contractor or the Authority shall be made by hand, mail, or facsimile transmission directed to the Contractor at the address set forth in the Bid and to the Authority to the attention of the Project Manager at the address set forth in the NOA, and shall be deemed to be sufficient service thereof as of the date of such delivery by hand or transmission or three (3) days after mailing. With respect to notices to the Authority, the Contractor shall additionally send a copy of each notice sent to the Project Manager to the Authority's Division of Materiel to the attention of the Procurement Representative. The addresses may be changed at any time by notice in writing. Nothing contained herein shall be deemed to preclude or render inoperative the service of any notice, direction or other communication personally upon the Contractor, or if the Contractor is a corporation, upon any officer or director thereof. Nothing in this Article shall be deemed as a waiver by the Authority of other requirements with respect to the service of process upon it. ARTICLE 32 CONSENT OF AUTHORITY REQUIRED FOR

SUBCONTRACTING, SUBLETTING OR ASSIGNMENT The Contractor shall not subcontract, assign, transfer, convey, sublet or otherwise dispose of this Contract or its right, title or interest in or to the same or any part thereof without the prior written

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consent of the Authority. A violation of this provision shall be deemed to be a material breach of the Contract as defined in Article 35 - Remedies in Case of Default & Termination for Cause. ARTICLE 33 CHANGES A. This Contract may be modified and changed from time to time as agreed to in writing

between the parties hereto, in a manner not materially affecting the substance hereof. B. No change in or modification, termination or discharge of this Contract in any form

whatsoever, shall be valid or enforceable unless it is in writing and signed by the party to be charged therewith or his duly authorized representative; provided, however, that any change in or modification, termination or discharge of this Contract expressly provided for in this Contract shall be effective as so provided.

C. It is agreed by the Contractor that any change resulting in additional Work shall be paid

at the applicable rates set forth in the Price Schedule for equivalent items as determined by the Project Manager. In the event that the Authority shall order additional Work for which there are no applicable rates set forth in the Price Schedule for equivalent items, it is understood and agreed by Contractor that the Authority and Contractor shall negotiate a mutually agreeable price to be paid by the Authority for Contractor's performance of such additional Work. In the event that the parties are unable to agree upon a price for the additional Work, the Project Manager may nevertheless direct the Contractor to proceed with the additional Work. The Contractor shall diligently proceed with the additional Work, but may, initiate a dispute within five (5) days of the Project Manager's directive to proceed pursuant to Article 38 - Disputes, for a determination by the Disputes Resolution Officer (“DRO”) as to a reasonable price therefor.

D. If as a result of the change or modification, the Authority determines that more time is

required for the Contractor to complete performance than is specified within the Contract, the Authority will extend the time for Contractor’s performance by the number of days actually required for Contractor to complete the Work.

E. The Contractor may request a modification, in the event of a change in circumstance having a substantial impact on the costs of performance which change was unforeseeable to the Contractor or the Authority at the time of execution of the Contract and which is beyond the control of the Contractor, including a material change in applicable Federal or State regulations. Such modification request shall be based solely upon Contractor's actual demonstrable increase in costs.

ARTICLE 34 EXTENSION OF TIME A. If the Contractor is delayed at any time during the progress of the Work by the neglect or

failure of the Authority or by a force majeure, then the time for completion and/or affected delivery date(s) shall be extended by the Authority subject to the following conditions:

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1. The cause of the delay arises after the NOA and neither was nor could have been anticipated by the Contractor by reasonable investigation before such award;

2. The Contractor demonstrates that the completion of the Work and/or affected

delivery(s) will be actually and necessarily delayed;

3. The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay; and

4. The Contractor makes written request and provides other information to the

Authority as described in Paragraph E below. B. A delay meeting all the conditions of Paragraph A above shall be deemed an excusable

delay. Any concurrent delay which does not constitute an excusable delay shall not be the sole basis for denying a request hereunder.

C. Any reference in this Article to the Contractor shall be deemed to include materialmen,

Suppliers and Subcontractors, whether or not in privity of contract with the Contractor, all of whom shall be considered as agents of the Contractor for the purpose of this Article.

D. The Authority reserves the right to rescind or shorten any extension previously granted, if

subsequently the Authority determines that any information provided by Contractor in support of a request for an extension of time was erroneous; provided however, that such information or facts, if known, would have resulted in a denial of the request for an excusable delay. Notwithstanding the above, the Authority will not rescind or shorten any extension previously granted if the Contractor acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Contractor.

E. The request for an extension of time pursuant to Paragraph A above, shall be made within

ten (10) days after the time when Contractor knows or should know any cause for which it may claim an excusable delay and shall provide any actual or potential basis for an extension of time, identifying such cause and describing, as fully as practicable at that time the nature and expected duration of the delay and its effect on the completion of that part of the Work identified in the request. Contractor shall not be entitled to an extension of time unless it affirmatively demonstrates that it is entitled to such extension. The Authority may require the Contractor to furnish such additional information or documentation as the Authority shall reasonably deem necessary or helpful in considering the requested extension. The Contractor must also comply with requirements set forth in the Specifications (if any) regarding Contractor’s detailed schedule for performance.

F. Within thirty (30) days of the Authority’s receipt of all such information and

documentation or within thirty (30) days of Contractor’s filing of the original request in

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the event the Authority requires no such additional material, the Authority shall advise the Contractor of its decision on such requested extension. If the Authority is unable to render such decision within the thirty (30) day period, the Authority shall, prior to the expiration of such period, advise the Contractor that it will require additional time and provide the approximate date upon which it expects to render such decision.

G. In regard to an injunction, strike or interference of public authority which may delay the

Work, the Contractor shall promptly give the Authority a copy of the injunction or other order and copies of the papers upon which the same shall have been granted. The Authority shall be accorded the right to intervene or become a party to any suit or proceeding in which any such injunction shall be obtained and to move to vacate the same or otherwise, as the Authority may deem proper.

H. Neither the permitting of the Contractor to proceed with the Work subsequent to the date

specified in the Contract (as such date may have been extended pursuant to this Article), the making of any payments to the Contractor thereafter, nor the issuance of any Change Order thereafter, shall operate as a waiver on the part of the Authority of any rights under this Contract, including but not limited to the assessment of liquidated damages (if any) or declaring Contractor in default.

I. Should the Contractor be delayed at any time or for any period by two (2) or more of the

above-mentioned causes in this Article, the Contractor shall not be entitled to a separate extension for each one of the causes but only one (1) period of extension shall be granted for the delay.

J. The Contractor agrees to make no claim for damages for delay of any kind in the

performance of this Contract whether occasioned by any act or omission of the Authority or any of its representatives. The Contractor agrees that any such claim shall be compensated for solely by an extension of time to complete performance of the Work as provided herein.

ARTICLE 35 REMEDIES IN CASE OF DEFAULT & TERMINATION FOR

CAUSE A. The Contractor shall be in default if it commits a breach of the Contract deemed material

by the Authority. Without limiting the generality of the foregoing and in addition to those instances specifically referred to in the Contract, the Contractor shall be in such default if: (i) it fails to begin the Work in accordance with the requirements of the Contract; (ii) it abandons the Work; (iii) it assigns or subcontracts the Work other than as provided in the Contract; (iv) at any time the Project Manager shall be of the opinion that performance of this Contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the provisions or covenants of this Contract or is not executing the same in good faith or in accordance with its terms; (v) the Work is not completed within the time prescribed, as may be extended by the Authority; (vi) the Contractor becomes insolvent (other than pursuant to bankruptcy), or assigns for the benefit of creditors, or takes advantage of any insolvency statute or debtor or creditor law

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or if its property of affairs are put in the hands of a receiver; or (vii) the Project Manager shall be of the opinion that the Work cannot be completed within the time herein provided therefor or within the time to which such completion may have been extended provided, however, that the impossibility of timely completion is attributable to conditions within the Contractor’s control.

B. In the event of a default by the Contractor, the Authority will notify the Contractor of the

default, in writing, the Contractor shall have ten (10) days to remedy the default. In the event the Contractor fails to remedy the default to the satisfaction of the Authority, the Authority shall so notify the Contractor, and the Contractor shall immediately cease performance of the Work or any part thereof under this Contract. The Authority shall thereupon have the right to take any action necessary to complete the Work, including performing the Work itself, or contracting with another individual or entity. In the event the Work is completed by the Authority or others, Contractor shall be liable for the costs and expense of said labor, materials, plant, tools, equipment, supplies and property. The costs and expenses so charged may be deducted by the Authority and paid out of any monies otherwise payable to the Contractor.

C. The Authority may also bring any suit or proceeding to recover damages or to obtain any

other relief or for any other purpose proper under this Contract. D. The Authority may, in its sole discretion, waive a default by the Contractor, but such

waiver, and failure by the Authority to take action in respect to any default, shall not be deemed a waiver of any subsequent default.

A. In case the Authority shall, by Contract or otherwise, complete the Work or any part

thereof under the provisions of Paragraph B above, the Project Manager, from time to time during the course of the completion of the Work or such part thereof or at any time thereafter, shall certify to the amount of the expense incurred by the Authority in the completion of the Work or such part thereof. Said certificate shall be final and conclusive upon the Contractor and admissible in evidence against the Contractor, and his legal representatives, in any litigation arising or growing out of this Contract.

E. In the event that the Authority wrongfully terminates the Contract for default, such

termination shall be deemed to be a termination for convenience in accordance with Article 36 – Termination for Convenience by the Authority.

ARTICLE 36 TERMINATION FOR CONVENIENCE BY THE AUTHORITY A. In addition to any rights of termination by the Authority which may exist pursuant to this

Contract and/or by law, the Authority may terminate performance of this Contract at any time for its own convenience upon giving written notice thereof specifying the effective date, whereupon all further liability of the Authority to the Contractor under this Contract shall cease. In the event of such termination, a proportionate part of the compensation due for Contract Work performed prior to the effective date of such termination and deemed acceptable to the Authority, will be paid to the Contractor as determined by the

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Authority. B. Upon receipt of a notice of termination under this Article, the Contractor shall cease

performance of the Contract Work, cancel all cancelable orders and place no further orders to its Suppliers. The Authority’s only obligation with respect to such termination for convenience is to compensate the Contractor for the goods/services supplied up until the effective date of termination. However, in the event that the termination for convenience is predicated on a cessation or reduction of funding earmarked for purposes hereof, the Authority’s payment obligations with respect to such termination for convenience will be limited to the amount of such funding actually received herefor. The Contractor shall not be entitled to any other payment by virtue of the Authority’s exercise of its right of termination as provided in Paragraph A of this Article and expressly waives and relinquishes any right to claim damages or pursue any other remedy at law or relief in equity including specific performance, by virtue of the Authority’s exercise of such right of termination.

ARTICLE 37 AUTHORITY OF THE PROJECT MANAGER A. The Project Manager shall have general authority to give the Contractor orders and

directions with respect to this Contract, including but not limited to, the right at any time to direct the return of any Authority material or equipment removed by the Contractor as part of the Work. The Project Manager shall, in all cases, have the authority to determine the value, acceptability and fitness of the Work under this Contract, and to raise any questions pertaining to the Contract and its fulfillment on the part of the Contractor. Any and all material or equipment required or proposed to be incorporated in the Work shall be subject to the approval of the Project Manager and shall not be incorporated in the Work until such approval has been provided.

B. The Project Manager shall provide all necessary explanations as to the meaning and

intention of the Technical Specifications or Contract Drawings. He shall give all orders and directions contemplated therein or thereby including such orders and directions as may be necessary when difficult or unforeseen conditions shall arise during the performance of the Work as required by this Contract. The Project Manager will provide appropriate explanations and reasons for his decisions if requested by the Contractor.

C. The Contractor shall be bound by and promptly obey and follow every direction or order

given by the Project Manager regarding the performance and the nature and manner of performance arising out of, under, or in connection with, or related to or on account of, this Contract whether in writing or orally and confirmed in writing, including any direction which the Project Manager may give by way of withdrawal, modification or reversal of any previous direction given by him, and regardless of whether the Contractor agrees with the Project Manager’s determination. This Article shall not include such directions which by their nature are Change Orders and which require that the procedures for Change Orders be followed prior to the effectiveness of such directions.

D. The Contractor shall have a representative at its plant and the work site at all times during

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performance of the Work authorized to receive orders and directions from the Project Manager.

ARTICLE 38 DISPUTES A. In the event the Contractor and the Authority are unable to resolve their differences

concerning a determination by the Project Manager, the Contractor may initiate a dispute in accordance with the procedure set forth in this Article. Exhaustion of these dispute resolution procedures shall be a precondition to any lawsuit permitted hereunder.

B. The parties to this Contract authorize the Authority’s Chief Maintenance Officer,

Department of Buses, acting personally, to decide all questions of any nature whatsoever arising out of, under or in connection with, or in any way related to or on account of, this Contract (including claims in the nature of breach of Contract or fraud or misrepresentation before or subsequent to Contract award) and his decision shall be conclusive, final and binding on the parties. His decision may be based on such assistance as he may find desirable, including advice of engineering or other experts. The effect of his decision shall not be impaired or waived by any negotiations or settlement offers in connection therewith, or by any prior decision of others, which prior decisions shall be deemed subject to review, by any termination or cancellation of this Contract. All such disputes shall be submitted in writing by either party to the Chief Maintenance Officer, acting personally, for his decision, together with all evidence and other pertinent information in regard to such questions, in order that a fair and impartial decision may be made. The Chief Maintenance Officer shall render his decision in writing and deliver a copy of same to the parties.

C. If the Contractor protests the determination of the Chief Maintenance Officer, the

Contractor may commence a lawsuit in Supreme Court, Kings County under Article 78 of the New York Civil Practice Law and Rules, it being understood the review of the Court shall be limited to the question of whether or not the Chief Maintenance Officer’s determination is arbitrary, capricious or so grossly erroneous as to evidence bad faith. No evidence or information shall be introduced or relied upon in such an action or proceeding that has not been presented to the Chief Maintenance Officer personally prior to the Chief Maintenance Officer making his decision.

D. Neither the requirements of this Article nor the time necessary for compliance therewith,

however, shall affect the time to have accrued for purpose of any statute controlling actions/proceedings against the Authority and the time of such accrual shall be determined without reference to this Article.

ARTICLE 39 WITHHOLDING MONEY DUE CONTRACTOR TO MEET

CLAIMS OR LIENS A. If at any time a claim, lien or judgment shall be made by any person or corporation

against the Authority, for which Contractor is liable under this Contract or, otherwise by law, with respect to matters pertaining to the Work of this Contract, the Authority shall

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have the right to withhold an amount it deems reasonably necessary to satisfy such claim, in addition to the other sums herein authorized by the Contract to be so retained, out of any monies then due or thereafter becoming due to the Contractor hereunder, as security for the payment of such claim. If the liability of any such party on such claim or claims shall have been finally adjudicated by a judgment of a court of competent jurisdiction or such claim or claims shall have been admitted by the Contractor to be valid, then the claim may, if determined by the Authority to be in its best interest, be paid from the amount so retained hereunder, credited against the payments due Contractor, and the balance, if any, paid to the Contractor.

B. Should any such claim remain unsatisfied at the time the final payment is due the

Contractor, the Authority shall have the right to retain out of said final payment a sum in its judgment sufficient to protect the Authority in regard to all unsatisfied claims. In lieu of the foregoing, the Authority may require other security.

C. In case the amount thus retained should be insufficient to pay the amount adjudicated to

be due upon such claim, the Contractor shall pay the amount of the deficiency to the Authority. Upon the failure of the Contractor so to do, the Authority may sue for and recover from the Contractor the amount or balance as a debt from the Contractor.

D. Notwithstanding anything in this Article to the contrary, in the event of a claim for injury

to persons or damage to property by persons or corporations other than the Authority, the Authority shall not withhold money due the Contractor provided the Authority receives adequate written assurance from the Contractor's insurance carrier that it will assume all responsibility in connection with the claim including defending the Contractor or the Authority in any lawsuit, and paying any judgment based on said claim. The Authority shall have sole discretion to determine the adequacy of the assurance furnished.

ARTICLE 40 CLAIMS BY CONTRACTOR If the Contractor shall have a claim for compensation against the Authority for any loss or damage of any nature arising under this Contract by reason of any act, neglect, fault or default of the Authority or its agents, the Contractor shall, within fifteen (15) days after the sustaining of such damage, furnish a written statement to the Project Manager detailing the nature and amount of damage sustained. This written notice shall constitute a request for a determination by the Project Manager pursuant to Article 37 - Authority of the Project Manager. Compliance with the provisions hereof shall constitute a condition to Contractor’s submission of a dispute pursuant to Article 38 – Disputes, with respect to any claim for compensation and the Contractor shall be deemed to have waived any claim not submitted in accordance therewith. The provisions of this Article shall not be construed as a recognition or admission of any legal liability on the part of the Authority to pay any sum on account of any damage suffered in connection with or arising out of the performance of this Contract or any part thereof. ARTICLE 41 SUBSTITUTION OF APPROVED SECURITIES A. In the event that this Contract provides for retainage by the Authority of monies due the

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Contractor as security for its full and timely completion, the Contractor may, from time to time, withdraw portions of the amounts so retained, or monies otherwise withheld for any other reasons under the Contract provided any such monies have not been applied by the Authority for reimbursement to itself or a third party in accordance with applicable provisions of the Contract by depositing with the Chief Financial Officer of the Authority, approved securities, as set forth in Paragraph C hereof, with a market value equal to the amount to be withdrawn.

B. The Contractor shall pay to the Authority the service charges then in effect for the

custodial safekeeping of securities deposited with the Authority by the Contractor pursuant to the terms of this Contract.

C. Approved Securities

1. Approved securities are: securities of the United States Government, State of New York, City of New York, New York City Transit Authority, Metropolitan Transportation Authority or Triborough Bridge and Tunnel Authority. Other securities may be submitted for Authority approval. All such securities must be payable to, run in favor of, or be transferred to, the Authority. In case the securities shall, during the term of the Contract, diminish in market value in the opinion of the Authority, or are sold as set forth in this Article 41 - Substitution of Approved Securities, then, within ten (10) days after notice, the Contractor shall deposit cash or securities to restore the value to that originally stated. A failure by the Contractor to deposit such cash or securities in accordance herewith shall be a cause for default.

2. In lieu of defaulting the Contractor, the Authority may allow the Contractor to

proceed with the Work and may deduct from any monies then due or which thereafter may become due to the Contractor the amount necessary to restore the original valuation of such securities, and to hold such amount in lieu thereof.

D. The Authority shall pay to the Contractor all interest, dividends and other income on the

securities, when and as collected. If the securities are in the form of coupon bonds, the coupons as they respectively become due shall be delivered to the Contractor; provided, however, that the Contractor shall not be entitled to interest, dividends or other income on any securities the proceeds of which shall be used or applied as authorized under the Contract.

ARTICLE 42 USE OF MONIES WITHHELD Deposits, retainage (if any) or any other monies withheld, whether in cash or securities substituted shall be security for the faithful performance of the Contract by the Contractor. In case any default causes loss, damage or expense to the Authority, then the Authority may apply the amount necessary to restore such loss, damage or expense including liquidated damages, out of the said securities (which may be sold), deposits, retainage or other monies.

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ARTICLE 43 NEW YORK LAWS / CHOICE OF LAW, CONSENT TO JURISDICTION AND VENUE

A. This Contract shall be deemed to be executed in the City of New York, State of New

York, regardless of the domicile of the Contractor and shall be governed by and construed in accordance with the laws of the State of New York.

B. The parties agree that any and all claims asserted by or against the Authority arising

hereunder or related hereto shall be heard and determined either in the courts of the United States located in New York City (“Federal Courts”) or in the courts of the State of New York (“New York State Courts”) located in Kings County. To effect this agreement and intent, the Contractor agrees:

1. If the Authority initiates any action against the Contractor in Federal Court or in

New York State Court, service of process may be made on the Contractor either in person, wherever such Contractor may be found, or by Certified Mail addressed to the Contractor at its address as set forth herein or to such other address as the Contractor may provide to the Authority in writing.

2. With respect to any action between the Authority and the Contractor in a New

York State Court, the Contractor hereby expressly waives and relinquishes any rights he may otherwise have (a) to move to dismiss on grounds of forum non conveniens, (b) to remove to Federal Court; and (c) to move for a change of venue to a New York State Court outside Kings County.

3. With respect to any action between the Authority and the Contractor in Federal

Court located in New York City, the Contractor expressly waives and relinquishes any right it might otherwise have to move to transfer the action to a Federal Court outside the City of New York.

4. If the Contractor commences any action against the Authority in a court located

other than as provided for herein, upon request, the Contractor shall either consent to a transfer of the action to a court of competent jurisdiction, as set forth herein, or, if the court where the action is initially brought will not or cannot transfer the action, shall consent to dismiss such action without prejudice and thereafter reinstitute the action in a court of competent jurisdiction as provided for herein.

ARTICLE 44 STATUTE OF LIMITATIONS ON RIGHT TO SUE THE

AUTHORITY/NO CLAIM AGAINST AUTHORITY OFFICERS, AGENTS OR EMPLOYEES

A. No action shall lie or be maintained by the Contractor against the Authority upon any

claim arising out of or based upon this Contract or by reason of any act or omission or requirement of the Authority or its agents, unless such action shall be commenced within six (6) months after the completion of the Work, other than Warranty Work, or earlier termination of the Contract. No additional time shall be allowed to begin anew any other

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action if an action commenced within the time herein limited be dismissed or discontinued, notwithstanding any provision in the New York Civil Practice Law and Rules (“CPLR”) to the contrary. Nothing herein shall extend the time, as provided in the CPLR, to commence a lawsuit.

B. In the event that the Contractor has filed with the Authority a statement of claim pursuant

to Article 40 - Claims By Contractor, the Contractor’s statute of limitations with respect to said claim(s) only shall be tolled until the final determination by the Authority under Article 38 - Disputes.

C. No member, officer, agent or employee of the Authority shall be liable personally

hereunder or by reason hereof. ARTICLE 45 AUTHORITY MAY AVAIL ITSELF OF ALL REMEDIES The Authority may avail itself of each and every remedy herein specifically given to it or now or hereafter existing at law or in equity, and each and every such remedy shall be in addition to every other remedy so specifically given or otherwise so existing and may be exercised from time to time and as often and in such order as may be deemed expedient by the Authority, and the exercise of one (1) remedy shall not be deemed to be waiver of the right to exercise, at the same time or thereafter, any other remedy. ARTICLE 46 RELATIONSHIP BETWEEN THE AUTHORITY AND OTHERS Nothing contained herein shall be deemed to give any third party a claim or cause of action against the Authority beyond such as may otherwise exist without regard to this Contract. ARTICLE 47 LIABILITY AND INDEMNIFICATION A. The term “Indemnified Parties,” whenever referred to in this Article, shall be deemed to

mean the Authority, the MTA, its affiliate agencies, New York State and their members, officers, employees, and agents.

B. The Contractor shall be solely responsible for all physical injuries (including death) to

person(s) (including, but not limited to, employees of the Authority, Contractor or Subcontractors) and damage to property (including, but not limited to, property of the Authority or the Contractor or Subcontractors), occurring on account of or in connection with the performance of the Work hereunder or sustained by any employee of the Authority or Contractor or of Subcontractor. The Contractor shall indemnify and save harmless the Indemnified Parties, to the fullest extent permitted by law, from loss and liability upon any and all claims and expenses, including but not limited to attorneys’ fees, on account of such injuries to persons or such damage to property, irrespective of the actual cause of the accident, irrespective of whether it shall have been due in part to negligence of the Contractor or its Subcontractors or negligence of the Indemnified Parties, or of any other persons, but excepting bodily injuries and property damage to the extent caused by the sole negligence of the Authority.

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C. The term “loss and liability,” as used herein, shall be deemed to include, but not be

limited to, liability for the payment of Workers’ Compensation and disability benefits under the Workers’ Compensation Law of the State of New York or similar statutes.

D. Except as otherwise provided in Paragraph B above, the liability of the Contractor under

this Article is absolute and is not dependent upon any question of negligence on its part or on the part of its agents, officers or employees. The approval of the Authority of the methods of doing the Work or the failure of the Authority to call attention to improper or inadequate methods or to require a change in methods or to direct the Contractor to take any particular precautions or to refrain from doing any particular thing shall not excuse the Contractor in case of any such injury to person or damage to property.

E. In case any damage shall occur to any part of the Authority or New York City Transit

System (except only for the removal of such parts thereof as the Contractor is specifically required by this Contract to remove) on account of the Work, and the Contractor is responsible therefor, the Authority shall have the right to cause such damage to be repaired and to charge the expense of such repairs to the Contractor. In the event that such work is performed by the Authority, then the Authority shall deduct the amount of such expense that may be incurred in repairing any such damage from any monies due or to become due to the Contractor under this Contract or any other agreement between the Contractor and the Authority.

ARTICLE 48 PATENTS, COPYRIGHTS AND INFRINGEMENT CLAIMS A. All inventions, ideas, designs and methods contained in the Contract Documents in which

the Authority has, or acquires patent, copyright or other Intellectual Property Rights (hereinafter referred to as “IPR”) shall remain reserved for the exclusive use of the Authority and may not be utilized, reproduced or distributed by or on behalf of the Contractor, or any employee, Subcontractor or agent without the prior written consent of the Authority except to the extent necessarily required in connection with performance of the Work.

B. If, pursuant to performance of the Work, the Contractor or any of its agents, officers,

employees or Subcontractors shall produce any patentable or copyrightable subject matter as to which the Authority does not gain ownership rights, the Authority and its affiliates shall thereupon have, without cost or expense, an irrevocable, non-exclusive, royalty-free license to make, have made or use, either themselves or by another contractor or other party on their behalf, such subject matter in connection with any work or any activity now or hereafter undertaken by or on behalf of the Authority or any of its affiliates or subsidiaries. The license herein granted shall not be transferable and shall not extend to contractors or other parties except to the extent of their work or activity on behalf of the Authority or such affiliates or subsidiaries.

C. Except to the extent that rights are held by Contractor or others under existing valid

patents or copyrights and are not given to the Authority, the Authority shall have the right

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to use or permit the use of all such drawings, data, and other papers, and also any oral information of any nature whatsoever received by the Authority, and any ideas or methods represented by such papers and information, for any purposes and at any time without other compensation than that specifically provided herein, and no such papers or information shall be deemed to have been given in confidence and any statement or legend to the contrary on any of said drawings, data, or other papers shall be void and of no effect.

D. The Contractor warrants that all Work performed shall be free from any claims made

against the Authority or Indemnified Parties of IPR from any other person or entity. The Contractor shall save harmless and indemnify the Indemnified Parties from and against all costs, expenses and damages which any of them shall incur or be obligated to pay by reason of any such infringement or claim of infringement, and shall, at the election of the Authority, defend at the Contractor’s sole expense all such claims in connection with any alleged infringement.

E. If the Authority be enjoined from using any portion of the Work as to which the

Contractor is to indemnify the Authority against IPR claims, the Authority may at its option and without thereby limiting any other right it may have hereunder or at law or in equity, require the Contractor to supply at its own expense, temporarily or permanently, facilities not subject to such injunction and not infringing any IPR, and if the Contractor shall fail to do so, the Contractor shall, at its expense, remove such offending facilities and refund the cost thereof to the Authority or take such steps as may be necessary to ensure compliance by the Authority with such injunction, to the satisfaction of the Authority.

F. The Contractor is responsible to determine whether a prospective Supplier or

Subcontractor is a party to any litigation involving IPR infringement claims, including antitrust or other trade regulation claims, or is subject to any injunction which may prohibit it under certain circumstances from selling equipment to be used or installed under this Contract. The Contractor enters into any agreement with a party to such litigation at its own risk and the Authority will not undertake to determine the merits of such litigation. The Authority, however, reserves the right to reject any article which is the subject of such litigation or injunction, or in its judgment use of such article as a result of such circumstances, would delay the Work or be unlawful.

ARTICLE 49 GENERAL REPRESENTATIONS AND WARRANTIES In order to induce the Authority to enter into and perform this Contract, the Contractor represents and warrants to the Authority that: A. Existence; Compliance with Law. The Contractor, (i) if it is a corporation is duly

incorporated, organized, validly existing and in good standing as a corporation under the laws of the jurisdiction of its incorporation; (ii) if it is a partnership, non-profit organization, individual or sole proprietorship is duly organized and validly existing under the laws of the jurisdiction in which it was organized; (iii) is duly qualified and in

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good standing under the laws of each jurisdiction where its existing ownership, lease, or operation of property in the conduct of its business requires, and (iv) has the power, authority and the legal right to conduct the business in which it is currently engaged and to enter into this Contract.

B. Authority. The Contractor has full power, authority and legal right to execute, deliver

and perform this Contract. The Contractor has taken all necessary action to authorize the execution, delivery and performance of this Contract.

C. No Legal Bar. The execution, delivery and performance of the Contract do not and will

not violate any provision of any existing law, regulation, or of any order, judgment, award or decree of any court or government applicable to the Contractor or the charter or by-laws of the Contractor or any mortgage, indenture, lease, contract, or other agreement or undertaking to which the Contractor is a party or by which the Contractor or any of its properties or assets may be bound, and will not result in the creation or imposition of any lien on any of its respective properties or assets pursuant to the provisions of any such mortgage, indenture, lease, contract or other agreement or undertaking.

D. No Litigation. Except as specifically disclosed to the Authority in writing prior to the

date hereof, no claim, litigation, investigation or proceeding of or before any court, arbitrator or governmental authority is currently pending nor, to the knowledge of the Contractor, is any claim, litigation or proceeding threatening against the Contractor or against its properties or revenues (i) which involves a claim of defective design or workmanship in connection with any contract entered into by the Contractor or (ii) which, if adversely determined, would have an adverse effect on the business, operations, property or financial or other condition of the Contractor. For purposes of this Paragraph, a claim, litigation, investigation or proceeding may be deemed disclosed to the Authority if the Authority has received, prior to the date hereof, detailed information concerning the nature of the matter involved, the relief requested, and a description of the intention of the Contractor to controvert or respond to such matter.

E. No Default. The Contractor is not in default in any respect in the payment or

performance of any of its obligations or in the performance of any mortgage, indenture, lease, contract or other agreement or undertaking to which it is a party or by which it or any of its properties or assets may be bound, and no such default or Event of Default (as defined in any such mortgage, indenture, lease, contract, or other agreement or undertaking) has occurred and is continuing or would occur solely as a result of the execution and performance of this Contract. The Contractor is not in default under any order, award, or decree of any court, arbitrator, or government binding upon or affecting it or by which any of its properties or assets may be bound or affected, and no such order, award or decree would affect the ability of the Contractor to carry on its business as presently conducted or the ability of the Contractor to perform its obligations under this Contract or any of the other financing to which it is a party.

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F. No Inducement or Gratuities.

1. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Contractor for the purpose of securing business.

2. Additionally, the Contractor warrants that no gratuities or other inducements have

been offered or given or will be offered or given (in the form of entertainment, gifts, offers of employment, or any other thing of value) to any official or employee of the Authority. The Contractor further warrants that during the term of the Contract it shall not make any offers of employment to any Authority employee, or solicit or interview thereof, without obtaining the written approval of the employee's Department Head.

3. For breach or violation of the foregoing warranties, the Authority shall have the

right to cancel the Contract without liability or, at its discretion, to deduct from the Total Contract Price or otherwise to recover the full amount of such commission, percentage, brokerage or contingent fee, or gratuities, and to include the occurrence of such a breach or violation in assessments of the Contractor’s responsibility in future bids.

G. Conflict of Interest. Contractor covenants that neither it, nor any officer of the

corporation or partner of the partnership, as the case may be if the Contractor be a corporation or partnership, has any interest, nor shall it acquire any interest, either directly or indirectly, which would conflict in any manner or degree with the performance of the Work hereunder. It further covenants that, in the performance hereof, no person having such interest shall be employed by it. It is expressly understood that breach of any of the covenants contained in this Paragraph is a material breach hereof and shall entitle the Authority to recover damages immediately, as well as all monies paid hereunder.

H. No Conviction or Indictment. Contractor hereby represents that to the best of its

knowledge neither it, nor any of its personnel or shareholders has been the subject of any investigation nor has any of them been convicted or indicted for commission of any crime involving misconduct, corruption, bribery, or fraud in connection with any public contract in the State of New York or any other jurisdiction, except as has been specifically disclosed in writing to the Authority, and that, should any such conviction or indictment be obtained or any such investigation commenced prior to the expiration of the term hereof, regardless of the date of the occurrence giving rise to the subject matter of such conviction, indictment or investigation, it will be disclosed in writing to the Authority.

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ARTICLE 50 NO ESTOPPEL AND NO WAIVER A. The Authority shall not, nor shall any department or officer thereof be precluded or

estopped by any return or certificate made or given by the Authority, the Project Manager or other officer, agent, or appointee thereof under any provision of this Contract from at any time either before or after the final completion and acceptance of the Work and payment therefor pursuant to any such return or certificate, showing the true and correct classification, amount, quality and character of the Work done and materials furnished by the Contractor or any other person under this Contract or from showing at any time that such return or certificate is untrue and incorrect or improperly made in any particular, or that the Work and materials, or any part thereof, do not in fact conform to the Contract; and the Authority shall not be precluded or estopped, notwithstanding any such return or certificate and payment in accordance therewith, from demanding and recovering from the Contractor such damages as it may sustain by reason of its failure to comply with this Contract.

B. Neither the acceptance of the Authority or the Project Manager or any of the employees

of the Authority, nor any order, measurement or certificate by the Project Manager nor any order by the Authority for payment of money nor any payment for, nor acceptance of, the whole or part of the Work nor any extension of time, nor any possession taken by the Authority or the employees of the Authority shall operate as a waiver of any portion of this Contract or of any power herein reserved to the Authority or of any right to damages herein provided; nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach.

C. In the event that the Authority is entitled to any rights under any statute, whether or not

expressly referenced in the Contract Documents, nothing shall be deemed to constitute a waiver by the Authority thereof.

ARTICLE 51 SEVERABILITY If the Contract contains any unlawful provisions, the same shall be deemed of no effect, and shall upon the application of either party be stricken from the Contract without affecting the binding force of the Contract as it shall remain after omitting such provision. ARTICLE 52 SAFETY PRECAUTIONS The Contractor will provide at his own cost and expense such safety devices for the protection of his employees, and those of the Subcontractor(s), the Authority, the public and any other persons as may be necessary and as may be required by the Project Manager. Any failure to provide such proper protection for his employees, and those of the Subcontractor(s), the Authority, the public and any other persons whether or not required by the Project Manager, will be deemed to be a material violation by the Contractor of his responsibility and obligation hereunder. The Contractor shall comply with all pertinent regulations of the Occupational Safety and Health Act (“OSHA”).

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ARTICLE 53 BOOKS AND RECORDS/AUDIT AND EXAMINATION The Contractor shall permit authorized representatives of the Authority and of the State and Federal Government having jurisdiction over this Contract, to examine and review all of Contractor's books and records, including but not limited to payrolls, records of personnel, invoices and other relevant data, and to audit the books and records pertaining to this Contract. All such books and records shall be retained for such examination, review and audit for a period of three (3) years from the earlier of termination of the Contract or completion of the Work. ARTICLE 54 SUBCONTRACTOR/SUPPLIER BOOKS AND RECORDS The Contractor shall keep and shall cause each Subcontractor/Supplier to keep accurate books and records in accordance with “generally accepted accounting principles.” ARTICLE 55 QUALITY ASSURANCE The Contractor shall be responsible for quality assurance and for assuring that the Work conforms to Specifications. The Contractor shall maintain an effective and economical quality control program planned and developed in conjunction with other Contractor functions necessary to satisfy the Contract requirements. The quality control program shall establish and implement procedures to ensure that only acceptable supplies are presented to the Project Manager, and shall demonstrate both recognition of the quality requirements of the Contract and an organized approach to satisfy these requirements. The program shall ensure that quality requirements are determined and satisfied throughout all phases of Contract performance, including, as applicable, design development, purchasing, fabrication, processing, assembly, inspection, testing, packaging, delivery, storage and systems check and shall provide for the early and prompt detection of actual or potential deficiencies, trends, or conditions which could result in unsatisfactory quality and the Contractor must be prepared to demonstrate to the Project Manager's satisfaction the program is effective and in operation. ARTICLE 56 QUALITY CONTROL A. Quality Assurance Manual

1. Within twenty (20) days of the date of the NOA, the Authority will submit comments to the Contractor on its Quality Assurance (QA) Manual which was submitted prior to Award as part of the Contractor's qualification submittal. The Contractor shall address all of the Authority's comments and resubmit a revised QA Manual for review and approval within thirty (30) days of receipt of the initial Authority comments.

2. The Contractor's QA Manual shall be a document which presents practical

methods in use by the Contractor at its manufacturing facility for carrying out its quality assurance program. Contents of the Manual shall include, but not limited to, all of the elements (quality requirements) listed above in Article 55 – Quality Assurance.

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3. The QA Manual shall include a method which the Contractor uses to measure

specific quality performance at the end of the manufacturing line (not including Pilot Buses). The Contractor shall establish a benchmark of the total number of defects its quality representatives identify prior to turning the Bus over to the Authority's representatives for inspection at the manufacturing site. The quality benchmark shall be established after ten percent (10%) (nearest whole number) of the Buses (no pilots) are manufactured. Similarly, defects shall be monitored and reported by the Contractor to the Authority at the twenty percent (20%) through ninety percent (90%) complete points (for all buses within the last ten percent (10%) increment, nearest whole number of buses, divided by the number of buses involved. The number of defects found by the Contractor at each interval should always be declining and will be confirmed by the Authority's inspection representatives at the site. The Contractor's system for measuring quality performance must include an action plan to improve quality when the quantity of defects in its defect report at the twenty percent (20%) through ninety percent (90%) complete points increase or remain the same, in comparison with the prior report. The Contractor shall have up to five (5) Business Days to submit its quality improvement plan, in writing, to the Project Manager detailing specific steps to be taken to improve quality and reduce the number of defects. The Authority will respond within two (2) days, in writing, to the plan. If the plan is deemed unsatisfactory, or the defect rate during this period has not decreased, the Project Manager may suspend all release for shipments issued by the inspectors until a satisfactory plan is submitted and improvement is demonstrated. Any delays caused by the suspension of release for shipment shall be regarded as the total responsibility of the Contractor and will not be considered an excusable delay. Failure of the Contractor on more than three (3) occasions to submit a quality corrective action plan within five (5) days, unless such period is extended by the Authority in its sole discretion, may be deemed by the Authority to be a material breach of this Contract.

B. Quality Assurance Reviewer

1. The Contractor shall employ a qualified Quality Assurance Reviewer who shall oversee the Work, review all materials, parts and processes involved in the Work and shall ensure the Contractor adherence with the above QA Manual. This Quality Assurance Reviewer shall make reports directly to the Authority's Inspector.

2. In addition, a qualified and responsible individual employed by the Contractor

shall be designated and shall be available at all times during the performance of the Work for consultation with the Authority.

C. Contractor shall supply:

1. An office (lockable) with a minimum of two (2) desks (with lockable drawers).

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2. Two (2) lockable five-drawer letter size file cabinets.

3. Two (2) telephone lines, one (1) for normal voice and one (1) for data

communications. ARTICLE 57 INSPECTION AND EVALUATION A. The Authority shall have the right to inspect the Work hereunder. If any such inspection

shows that the Work does not conform to the Contract Documents including, but not limited to, the Technical Specifications, the Authority shall so notify the Contractor and the Contractor shall replace or repair the Work at no additional cost to the Authority so that the Work conforms to the Contract Documents. The Authority's failure to draw the Contractor's attention to any such failure to conform shall not relieve the Contractor of any of its obligations under this Contract.

B. Upon completion of the Work, the Contractor shall notify the Project Manager in writing

that the Work has been completed. An Authority inspector will inspect the Work and if such Work is deemed unsatisfactory in any respect, the Contractor, at no additional cost to the Authority, will replace the goods or repair or correct such Work and, if applicable, correct the installation all to the satisfaction of the Project Manager. Within three (3) days of completion, the Contractor must notify the Project Manager in writing that all Work and/or repairs and corrections have been completed.

ARTICLE 58 COMPLIANCE WITH APPLICABLE LAWS, REGULATIONS/

ENVIRONMENTAL MATTERS A. The Contractor and all persons employed upon the Work, including its Subcontractors,

agents, officers, and employees shall comply with all applicable laws, rules and regulations, including all applicable requirements of governmental agencies and departments in the jurisdiction in which the Work is performed, and all safety regulations of the Authority.

B. The Contractor, Subcontractor and all Suppliers must submit evidence that all standards,

orders and regulations issued pursuant to the Clean Air Act of 1970 will be met. If either the State or City air pollution control agency has more restrictive standards, they shall be enforced. The evidence and related documents will be retained by the Authority for on-site examination by appropriate enforcement agencies.

C. The Contractor, and any Subcontractor, shall comply with all local, State and Federal

laws, rules and regulations applicable to this Contract and to the Work to be done hereunder, including but not limited to the Federal Occupational Safety and Health Act of 1970 and the Construction Safety Act of 1969, as amended.

D. Attention is called regarding environmental matters that must be observed by the

Contractor in the prosecution of the Work, consisting, among others, of safety of

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operations, noise control, prevention and/or control of air pollution, removal of waste materials, storage of construction materials, protection against fire, minimum disturbance to pedestrian and vehicular traffic, maintaining use of public facilities, and protection against dust hazards. These matters are specifically enumerated merely as a guide. The enumeration is not a complete list of environmental matters to be observed and does not exclude matters contained in this Contract or matters applicable by virtue of City, State or Federal law, rule or regulation which are not specifically designated in this Paragraph. All environmental provisions will be strictly enforced.

E. As between inconsistent provisions among Federal, State and local laws, the Contractor

should generally comply with the more stringent requirement, unless a Federal law, rule or regulation requires that the affected Federal provision be observed, notwithstanding the existence of a more stringent applicable State or local requirement.

ARTICLE 59 FINAL PAYMENT TO ACT AS RELEASE The acceptance by Contractor or any person claiming under Contractor of the final payment hereunder, whether such payment be made pursuant to any judgment or order of any court or otherwise, shall be and shall operate as a release to the Authority from all claim and liability to Contractor for anything theretofore done or furnished for or related to the Work or for any prior act, neglect, fault or default of the Authority or of any person relating to or affecting the Work, except only such claims against the Authority as have been asserted in accordance with Article 40 - Claims By Contractor, above, or as are specifically reserved in writing prior to accepting the final payment hereunder. ARTICLE 60 INDEPENDENT CONTRACTOR The Contractor agrees that, in accordance with its status as an independent contractor, it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the Authority, State or City, by reason hereof, and that it will not by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Authority, State or City, including, but not limited to, Worker’s Compensation coverage, Unemployment Insurance Benefits, Social Security coverage or Retirement membership or credit. ARTICLE 61 CONTRACTOR’S EMPLOYEES A. All experts or consultants or employees of the Contractor who are employed by the

Contractor to perform Work under this Agreement are neither employees of the Authority nor under contract to the Authority and the Contractor alone is responsible for their work, direction, compensation and personal conduct while engaged under this Agreement. Nothing in this Agreement shall impose any liability or duty on the Authority for the acts, omissions, liabilities or obligations of the Contractor or any other person, firm, company, agency, association, corporation, or organization engaged by the Contractor as expert, consultant, independent contractor, specialist, trainee, employee, servant, or agent, or for

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taxes of any nature including but not limited to unemployment insurance, workers’ compensation, disability benefits and social security, or, except as specifically stated in this Agreement, to any person, firm or corporation.

B. All employees of the Contractor or Subcontractor shall wear a visible identification badge

at all times while on Authority property and shall observe all rules and regulations applicable to Authority employees. The identification badge shall contain the employee’s name, picture, title of position, name of company and address of company.

C. Employees of the Contractor who are found to be intoxicated, or who have been found

partaking of or appear to be under the influence of intoxicating or alcoholic beverages or controlled substances while engaged in the performance of their duties or during their break period shall be summarily removed by the Contractor from the project for the duration of the Contract because of the stringent safety precautions required.

D. Whenever the Project Manager shall notify the Contractor in writing that in his/her

opinion any worker employed for this Contract is incompetent, unfaithful or disorderly, such individual shall be discharged from the Work and shall not again be employed on it.

ARTICLE 62 CONFIDENTIALITY / ADVERTISING LIMITATION A. Contractor, its employees, and Subcontractors shall keep confidential all information

furnished to it (them) by the Authority or otherwise learned by it (them) in the course of performance hereunder.

B. Except as may be required by law, Contractor shall not make any announcement or

release any information concerning this Contract or any part thereof to any member of the public, press, or any official body, unless prior written consent is obtained from the Authority.

ARTICLE 63 TAX EXEMPTION A. NYCTA, a public benefit corporation, a wholly owned subsidiary of the MTA, a public

authority and public benefit corporation of the State of New York, is exempt from New York State and local sales and compensating use taxes pursuant to Sections 1266 and 1275 of the Public Authorities Law.

B. In addition, NYCTA is exempt from New York sales and compensating use taxes on all

tangible personal property, materials, equipment, and components, sold to Contractors or Subcontractors in connection with the Work and which shall become an integral component part of that Work. Therefore, the Contractor shall not pay any State of New York sales or compensating use taxes on the sale or transfer for any personal property which will become an integral component part of the Work.

C. Contractor warrants to NYCTA that Contractor's pricing to NYCTA pursuant to this

Agreement excludes any taxes that are eligible for exemption.

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D. In the event Contractor believes that an exemption from a tax may not apply, Contractor

shall bring such situation to the attention of NYCTA and either comply with instructions received from NYCTA or authorize NYCTA to pursue the exemption on behalf of Contractor and NYCTA.

ARTICLE 64 ANTITRUST ASSIGNMENT The Contractor hereby assigns, sells and transfers to the Authority all right, title and interest in and to any claims and causes of action arising under the antitrust laws of New York State or of the United States relating to the particular goods or services purchased or procured by the Authority under this Contract. ARTICLE 65 GRAND JURY TESTIMONY Upon refusal of the Contractor as an individual or as member, partner, director or officer of the Contractor, if the Contractor be a firm, partnership or corporation, when called before a grand jury, governmental department, commission, agency or any other body which is empowered to compel the attendance of witnesses and examine them under oath, to testify in an investigation or to answer any relevant questions concerning any transaction or contract entered into with the State, or any political subdivision thereof, or a public authority or with any public department, agency or official of the State or any political subdivision thereof, when immunity has been granted to the witness against subsequent use of such testimony, or any evidence derived therefrom in any subsequent criminal proceeding: A. Such individual, or any firm, partnership or corporation of which he is a member, partner,

director or officer shall be disqualified for a period of five (5) years after such refusal from submitting bids for, or entering into or obtaining any contracts, leases, permits or licenses with the City of New York, the MTA or the NYCTA or submitting bids for or entering into, or obtaining any contracts, leases, permits or licenses which will be paid out of any monies under the control of or collected by the City, the MTA, the NYCTA and/or shall be subject to such other action appropriate under the circumstances; and

B. This Contract and any and all such existing contracts, leases, permits or licenses made

with or obtained by any such individual or with or by the firm, partnership, or corporation of which he/she is a member, partner, director or officer may be cancelled or terminated by the City, the MTA or the NYCTA or the contracting agency or be subject to such action appropriate under the circumstances thereto without incurring any penalty or damages on account of such cancellation or termination, but any monies owing for goods delivered, work done, or rentals, permit or license fees due, prior to the cancellation or termination, shall be paid.

ARTICLE 66 CONTRACT DOCUMENTS CONTAIN ALL TERMS These Contract Documents contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Contract

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shall be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. ARTICLE 67 CONTRACTOR HAS EXAMINED CONTRACT A. The Contractor hereby represents that prior to the execution of this Contract, Contractor

has carefully read each and every clause and section of these Contract Documents and had full opportunity to consider the same and make necessary investigations relating thereto; and he shall not make any claim for, or have any right to, damages or an extension of time for completion of the Work or any other concession because of misinterpretation or misunderstanding of the Contract Documents or because of any lack of information.

B. It is the Contractor's responsibility and obligation to examine the Authority's facilities,

maintenance and operating procedures, if it bears on the Work. The absence of any request to examine such is understood to mean that the Contractor is fully aware of the requirements and the environment within which the Work will operate. The Contractor hereby represents that prior to the execution of this Contract he read each and every clause and section of the Contract and had full opportunity to consider the same and make necessary investigations relating thereto; and he shall not make any claim for, or have any right to, damages or an extension of time for completion of the Contract or any other concession because of any misinterpretation or misunderstanding of this Contract or because of any lack of information.

ARTICLE 68 ALL LEGAL PROVISIONS INCLUDED It is the intent of the parties that each and every provision of law required to be inserted in this Contract should be and is inserted herein. Every such provision is to be deemed to be inserted herein, and if any such provision is not inserted or is not inserted in correct form, then this Contract shall be deemed amended by such insertion so as to comply strictly with the law and without prejudice to the rights of either party hereunder. ARTICLE 69 EQUAL EMPLOYMENT OPPORTUNITY FOR MINORITY

GROUP MEMBERS & WOMEN The provisions of this Article apply if the award for this contract is in excess of $25,000 for labor, services, supplies, equipment, material or any combination of the foregoing; or in excess of $100,000 for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvement thereon. A. The Contractor will not discriminate against any employee or applicant for employment,

will undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its workforce on this Contract.

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B. At the request of the Authority, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding to furnish a written statement that such employment agency, labor union or representative will not discriminate and that such employment agency, labor union or representative will affirmatively cooperate in the implementation of the Contractor’s obligations herein.

C. The Contractor shall state, in all solicitations or advertisements for employees, that, in the

performance of this Contract, all qualified applicants will be afforded equal employment opportunities without discrimination.

D. After award of this Contract, the Contractor shall submit to the Authority a workforce

utilization report, in a form and manner required by the Authority, of the work force actually utilized on this Contract, broken down by specific ethnic background, gender, and federal Occupational Categories or other appropriate categories specified by the Authority.

E. After the award of the Contract, and where the work force to be utilized in the

performance of the Contract can be separated from the Contractor’s and/or Subcontractor’s total work force, the Contractor shall submit to the Procurement Representative in a form and manner required by the Authority, throughout the life of the Contract, work force utilization reports which detail the number of employees that worked on activities related to this Contract. For commodities, service/consulting and professional construction consultant contracts, the work force utilization report shall include the Contractor’s and Subcontractor’s work force on the Contract broken down by ethnic background, gender and federal occupational categories. For construction contracts, the work force utilization report shall include the hours a Contractor’s and Subcontractor’s employees worked on activities related to the Contract and a break down of those hours by ethnic background, gender and the construction related job titles that fall within the relevant federal occupational categories. For construction contracts the work force utilization reports shall be submitted on a monthly basis. For all other contracts the Contractor shall submit work force utilization reports on a quarterly basis when the Contractor’s and/or Subcontractors’ work force changes. If the Contractor’s and/or Subcontractor’s work force does not change within the quarterly period, the Contractor shall so notify the Authority. The information must be submitted on the MTA form WF-257, a copy of which has been provided to the Contractor. In instances where a Contractor’s/Subcontractor’s workforce cannot be broken out, the Contractor/Subcontractor must affirm such and submit an EEO-1 Form detailing its current workforce, on a semiannual basis throughout the life of the Contract.

F. During the term of the Contract, the Contractor shall undertake or continue existing EEO

programs and shall ensure that all Subcontractors comply with the EEO requirements. G. The Contractor will include the provision of Paragraphs A thru F above in every

Subcontract performed in connection with this Contract in such a manner that the requirements of these provisions will be binding upon each Subcontractor as to work in

Page 88 of 90 B40656 (529050) 690 Diesel Buses

connection with this Contract, including the requirement that Subcontractors and parties to this Contract shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status, and, when requested, provide to the Contractor information on the ethnic background, gender, and federal Occupational Categories of the employees to be utilized on this Contract.

H. Upon a written request, the MTA Department of Diversity and Civil Rights shall supply

Contractors with labor force availability data, for specific job titles that fall within the relevant occupational categories. Contractors may use this data to identify, recruit and retain minority group members and women for participation on this Contract.

I. The requirements of this Article shall not apply to any employment outside New York

State or application for employment outside New York State or solicitations or advertisements therefor, or any existing employment programs outside New York State.

J. The Contractor shall comply with the applicable provisions set forth in Schedule K –

Opportunities For Minority And Women-Owned Business Enterprises. ARTICLE 70 NEW YORK STATE CONTENT A. The Contractor agrees to achieve a minimum New York State Content (hereinafter

defined) of (to be proposed by the Contractor) % of the Total Contract Price.

B. New York State Content shall mean the portion of the Contract performed at sites within the State of New York or the use of goods actually produced and services actually provided in the State of New York.

C. The Authority shall have the right to audit the Contractor’s records to determine it has met the above stated New York State content.

D. To the extent that Contractor fails to meet the percentage of New York State Content as set forth in this Article, then in addition to all other remedies herein specifically given to the Authority, the Authority shall have the right to reduce the total amount payable to the Contractor per Bus by an amount derived by multiplying $ [New York State Content set forth in Paragraph A above (times) Unit Price] (times) a fraction, the numerator of which is the difference between the percentage of New York State Content set forth in Paragraph A above and the actual percentage of New York State Content achieved by the Contractor; the denominator of which is the percentage set forth in Paragraph A above.

ARTICLE 71 ORDER OF PRECEDENCE

A. If this Contract contains any errors, inconsistencies, ambiguities or discrepancies including

typographical errors, the Contractor shall request a clarification of same by requesting a determination by the Project Manager.

Page 89 of 90 B40656 (529050) 690 Diesel Buses

B. If there is a conflict between provisions of the Contract Documents, upon request for a determination by the Project Manager, the following order of precedence shall generally apply, except that regarding a conflict between or among provisions contained in the Technical Specifications, Appendices and Specific Contract Provisions, the more stringent requirement or provision will generally be determined to control.

1. Technical Specifications.

2. The Contract Terms and Conditions, except that mandatory statutory and regulatory provisions and requirements are not deemed superseded by anything to the contrary contained in the Technical Specifications or the Appendices.

ARTICLE 72 ASIAN LONGHORNED BEETLE A. Any Work under this Contract, whether performed by the Contractor or any of its

Subcontractors, that involves the handling or removal of any “host material” originating from within the Asian Longhorned Beetle (“ALB”) quarantine zone, as defined by New York State Department of Agriculture and Markets (“NYSDAM”), must be performed: (1) in accordance with Federal, State and local laws and regulations regarding the eradication of the ALB, including Part 139 of the New York State Agriculture and Markets Law (“NYS AML”); and (2) by a Contractor (or Subcontractor) that is certified by NYSDAM, to perform such Work. Copies of such certification must be provided to the Authority before any Work involving host material is commenced.

1. “Host material” generally includes all firewood (of hardwood species) and trees,

logs, green lumber, stumps, roots, branches (whether living, cut or dead) that is one-half inch or more in diameter from any of the trees listed in NYS AML Part 139.3.

B. Prior to the handling or disposal of any host material within the quarantine zone, an

NYSDAM-certified person must perform an inspection for the presence of ALB infestation.

1. If an ALB infestation is detected, then all work related to the handling or disposal

of that host material must cease and the Contractor shall immediately contact the Project Manager for further action. Work involving the infested host material may not resume until written notification to proceed is received from the Project Manager.

2. If no ALB infestation is detected, then the host material, if living, may be left

untouched. If the host material was discovered cut, dead or to be removed, it must be handled or disposed of pursuant to the regulations set forth by NYSDAM.

ARTICLE 73 PARENT GUARANTY The Parent Company Guaranty (Attachment T), furnished to the Authority prior to award of this Contract, shall be effective from the date of NOA to the date of issuance of the Final Completion

Page 90 of 90 B40656 (529050) 690 Diesel Buses

Certificate. IMPORTANT NOTICE: The Contract constitutes a special obligation of the MTA, payable solely from any one or any combination of the following sources of funding: proceed of grants or other monies paid or made available by the Federal government, the State or the City (or any combination of them) to or on behalf of the MTA for the Contract or for the project encompassing the work of the Contract; proceeds of the MTA Transit Facilities Service Contract Bonds; monies made available to the MTA for the Contract by the Triborough Bridge and Tunnel Authority; net proceeds realized by the MTA from the sale-leaseback or "safe-harbor" leasing of assets constituting transit projects; or, monies, other than monies paid or payable under the note issued pursuant to the Financing Agreement dated as of July 1, 1982, made available to the MTA for the Contract by the Authority. The MTA and the Authority represent that the Contract or the project encompassing the Work of the Contract is included within the Capital Program Plan for transit facilities as approved by the Metropolitan Transportation Authority Capital Program Review Board, established by Section 1269-a of the Public Authorities Law of the State of New York, and that estimated receipts from those funding sources identified above are enumerated in such Plan in amounts adequate to fund the Contract, in accordance with Section 1269-b of the Public Authorities Law.

3/13.1

NEW YORK CITY TRANSIT AUTHORITY

Division of Materiel

Schedule A

INSURANCE REQUIREMENTS

B40656

ADDENDUM #2

NEW YORK CITY TRANSIT AUTHORITY INSURANCE REQUIREMENTS Division of Materiel

3/13.1 Schedule A B40656 Addendum #2 Page 1

Contract No: B40656 Description: Furnish and Deliver 690 Low Floor 40-foot Clean Diesel Buses

A. The Contractor/Consultant shall provide insurance in the following types as indicated by

the checked box(es) and in amounts of at least those set forth below: [The Procurement Representative must check all that apply and insert appropriate amounts.] INSURANCE MINIMUM AMOUNTS

Workers’ Compensation Statutory Limits

Employer’s Liability $1,000,000

Longshore & Harbor Workers’ Endorsement

Maritime Coverage Endorsement (Jones Act)

Commercial General Liability (amount is each occurrence) $ 10,000,000

Business Automobile Liability (amount is each accident) $ 2,000,000

MCS-90 Endorsement $

CA 9948 Endorsement $

Contractor’s Pollution Liability $

Pollution Legal Liability (Non-owned Disposal Site) $

Marine Protection & Indemnity Liability $

Builder’s Risk/Installation Floater $ Professional Liability $

Professional Liability, including pollution liability $

Valuable Papers $

Property Insurance $

Crime $

Self Insurance $

Railroad Protective Liability (per occurrence/aggregate) $ 2,000,000/$6,000,000

Garage Liability $

Garage Keepers Legal Liability $

Other: $

INSURANCE REQUIREMENTS

3/13.1 Schedule A B40656 Addendum #2 Page 2

B. INSURANCE REQUIREMENTS

As used in this Schedule A, the term “Contractor” includes Contractors and Consultants. Except that as otherwise provided in this Schedule A and/or the Specifications/Scope of Work, the Contractor shall procure, at its sole cost and expense, and shall maintain in force at all times during the term of this Contract, through the completion of Contract, including the Warranty Period, if applicable, policies of insurance as herein set forth, written by companies with an A.M. Best Company rating of A-/“VII” or better, and approved by the New York City Transit Authority (the “Authority”)/MTA and shall deliver evidence of such policies. These policies shall: (i) be written in accordance with the requirements of the paragraphs below, as applicable; (ii) state or be endorsed to provide (a) that the coverage afforded under the Contractor’s policies shall apply on a primary basis and not on an excess or contributing basis with any policies that may be available to the Authority/MTA, and (b) that the Contractor’s policies, primary and excess, shall be exhausted before implicating any Authority/MTA policy available; (iii) Contractor’s policies shall state or be endorsed to provide that, if a subcontractor’s policy contains any provision that may adversely affect whether Contractor’s policies are primary and must be exhausted before implicating any Authority/MTA policy available, Contractor’s and subcontractor’s policies shall nevertheless be primary and must be exhausted before implicating any Authority/MTA policy available and (iv) should any of the policies listed herein be canceled, materially changed or not renewed, notice shall be delivered in accordance with the insurance policy provisions to the Authority/MTA c/o MTA Risk and Insurance Management Department, Standards, Enforcement & Claims Unit 2 Broadway, 21st floor, New York, NY 10004. Policies written on a claims made basis are not acceptable, except for Professional Liability. At least two (2) weeks prior to the expiration of the policies, Contractor shall endeavor to provide evidence of renewal or replacement policies of insurance, with terms and limits no less favorable than the expiring policies. Except as otherwise indicated in the detailed coverage paragraphs below, self insured retentions and policy deductibles shall not exceed $100,000, unless such increased deductible or retention is approved in writing by Authority/MTA. The Contractor shall be responsible for all claims expense and loss payments within the deductible or self-insured retention. The insurance monetary limits required herein may be met through the combined use of the insured’s primary and umbrella/excess policies.

1. Commercial General Liability Insurance (I.S.O. 2001 Form or equivalent approved by

the Authority) in the Contractor’s name with limits of liability specifically written for this Contract of not less than the amount set forth in PARAGRAPH A, above, for each occurrence. The Products/Completed Operations Aggregate Limit on a combined single limit basis for injuries to persons (including death) and damage to property must also be at least equal to the amount set forth in PARAGRAPH A, above as the per occurrence limit for Commercial General Liability. The limits may be provided in the form of a primary policy or combination of primary and umbrella/excess policy. When the minimum contract amounts can only be met when applying the umbrella/excess policy, the umbrella/excess policy must follow form of the underlying policy and be extended to “drop down” to become primary in the event the primary limits are reduced or aggregate limits are exhausted. Such insurance shall be primary and non-contributory to any other

INSURANCE REQUIREMENTS

3/13.1 Schedule A B40656 Addendum #2 Page 3

valid and collectible insurance and must be exhausted before implicating an available Authority/MTA policy.

Such policy should be written on an occurrence form, and shall include: [see DPM for

Special Conditions that may apply to one or more of the following.]

a. Contractual coverage for liability assumed by the Contractor under this Contract. b. Personal and Advertising Injury Coverage. c. Products and Completed Operations extending at least one year after project

completion. d. Independent Contractors Coverage.

e. “XCU” coverage (Explosion, Collapse, and Underground Hazards) where

necessary. f. Contractual Liability Exclusion, applicable to construction or demolition

operations to be performed within 50 feet of railroad tracks, must be removed, where necessary.

g. Additional Insured Endorsement (I.S.O. Form CG 20 10 1185 Form B version or

equivalent approved by the Authority) naming the following entities and their subsidiaries and affiliates:

i. the New York City Transit Authority (“NYCT”), the Manhattan and

Bronx Surface Transit Operating Authority (“MaBSTOA”), the Staten Island Rapid Transit Operating Authority (“SIRTOA”), the Metropolitan Transportation Authority (“MTA”) including its subsidiaries and affiliates, MTA Capital Construction (“MTACC”), MTA Bus Company (“MTA Bus”), and the City of New York (“City” as Owner) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

ii. In the event the work under the Contract includes construction at, or the

use of the loading dock, at 2 Broadway, New York, New York, Additional Insureds shall also include:

(1) Triborough Bridge & Tunnel Authority (“B&T”), Metro North

Commuter Railroad Company (“MNR”), Long Island Railroad (“LIRR”), MTA Bus Company (“MTABus”), United States Trust Company of New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broadway LLC, ZAR Realty, Cassidy Turley New York, Inc. Cassidy Turley PMG, Inc. and the respective

INSURANCE REQUIREMENTS

3/13.1 Schedule A B40656 Addendum #2 Page 4

affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

2. Workers’ Compensation Insurance complying with the statutory requirements of the

State of New York, covering all employees of the Contractor. Employer’s Liability Insurance coverage with limits of not less than $1,000,000, each accident or illness shall be included. When applicable, the policy shall be endorsed to include the Longshore and Harbor Workers’ Compensation Act and/or Maritime Coverage Endorsement (Jones Act Endorsement).

a. Longshore & Harbor Workers' Compensation Act Endorsement - When

work will be performed on or over navigable waterways, a Longshore and Harbor Workers Endorsement shall be provided to cover the employees for wages, transportation, maintenance and cure, in accordance with applicable laws.

b. Maritime Coverage Endorsement (Jones Act) - When operations are to be

performed upon navigable waterways and barges, Tug Boats, and all other vessels on the ocean and all intra-coastal rivers and canals, as well as drivers, divers, and underwater personnel are utilized, a Maritime Coverage Endorsement shall be provided to cover the seamen, masters and members of a crew in accordance with applicable laws, providing remedy for damage or injury in the course of employment.

3. Business Automobile Liability Insurance Policy (I.S.O. Form CA 00 01 10 01 or

equivalent approved by the Authority) if vehicle enters the Authority’s property or is used as part of service provided, in the Contractor’s name with limits of liability not less than the amount set forth in Paragraph A, above, each accident for claims for bodily injuries (including death) to persons and for damage to property arising out of the ownership, maintenance or use of any owned, hired or non-owned motor vehicle. (Additional pollution liability insurances may be required, which are identified in below paragraphs.) a. If the project involves transporting and/or disposing of any hazardous material or

waste off of the jobsite, the Contractor or any subcontractor performing such work must add the MCS-90 endorsement to the automobile policy. The CA-9948 03/06 endorsement or equivalent is also required if transporting to a site outside of NYS or the contractor is domiciled in a state other than New York State.

b. If the MCS-90 or CA-9948 endorsements are required, the policy limits of liability

must be increased to at least $5,000,000 each occurrence pursuant to federal, state or local laws, rules and regulations, and copies of the MCS-90 and CA-9948 endorsements shall be provided for review as part of the insurance submission.

4. Extract and insert any other insurance language required here and number

accordingly (see Chapter I-D.11, Risk Management/Insurance Requirements,

INSURANCE REQUIREMENTS

3/13.1 Schedule A B40656 Addendum #2 Page 5

paragraph F of the Authority Materiel Departmental Procedures Manual). If no additional insurance is required, delete this paragraph.

5. Any additional insurance policies not stated herein that are necessary to obtain required

permits or otherwise comply with applicable law, ordinances or regulations regarding the performance of the Work.

C. The Contractor shall furnish evidence of all insurance policies before any work is started to the

Authority:

c/o MTA Risk & Insurance Management Standards Enforcement & Claims Unit.

2 Broadway – 21st Floor New York, NY 10004

Certificates of Insurance may be supplied as evidence of the above policies, except for the Builder’s Risk and Railroad Protective Liability policies. However, the Authority reserves the right to request copies of such policies herein described above. If requested by the Authority, the Contractor shall deliver to the Authority, within forty-five (45) days of the request, a copy of such policies, certified by the insurance carrier as being true and complete.

If a Certificate of Insurance is submitted, it must: (1) be provided on the Authority Certificate of Insurance Form or MTA Certificate of Insurance Form for Joint Agency Agreements, as applicable (unless approval has been received from NYCT to submit an ACORD form for an operating contract with a value under $250,000); (2) be signed by an authorized representative of the insurance carrier or producer and notarized; (3) disclose any deductible, sublimit, self-insured retention, aggregate limit or any exclusions to the policy that materially change the coverage; (4) indicate the Additional Insureds, Additional Named Insureds and/or Named Insureds as required herein; Contractor/Consultant must provide a physical copy of the Additional Insured Endorsement (ISO Form CG 20 10 1185 Form B version or equivalent) – endorsements must include policy number(s); (5) reference the Contract by number on the face of the certificate; and (6) expressly reference the inclusion of all required endorsements.

Evidence of Railroad Protective Liability and/or Builder's Risk Insurance (including the installation floater), when applicable, requires submission of the policy. A binder will be accepted, pending issuance of the policy.

D. Nothing herein contained shall be deemed to limit the Contractor’s liability to the limits of

liability, or coverage of Policies listed in Paragraph A/Paragraph B above, their renewals, or replacement.

E. The Contractor shall immediately file with the Authority’s Tort Division (with a copy to the

Project Manager), 130 Livingston Street, 11th Floor, Brooklyn, New York 11201, a notice of any occurrence likely to result in a claim against the Authority, and shall also file with the Torts Division detailed sworn proof of interest and loss with the claim. This paragraph shall survive the expiration or earlier termination of the Contract.

INSURANCE REQUIREMENTS

3/13.1 Schedule A B40656 Addendum #2 Page 6

F. If, at any time during the period of this Contract, insurance as required is not in effect, or proof thereof is not provided to the Authority, the Authority shall have the option to: (i) direct the Contractor to suspend work with no additional cost or extension of time on account thereof; or (ii) treat such failure as an Event of Default.

[The NYCT Certificate of Insurance begins on the next page.]

Capital Contract Operating Contract Outside Contract

New York City Transit CERTIFICATE OF INSURANCE

AGREEMENT or CONTRACT #: AGREEMENT or CONTRACT NAME/DESCRIPTION:

INSURANCE PRODUCER: ADDRESS: PHONE #:

CERTIFICATE ISSUANCE DATE:

DATE RECEIVED:

REFERENCE #:

CO LTR COMPANIES AFFORDING COVERAGE

A NAIC #

B NAIC #

INSURED: ADDRESS: PHONE #:

C NAIC #

D NAIC #

E NAIC #

F NAIC #

CERTIFICATE HOLDER: ADDRESS: Phone #:

New York City Transit/MTA Attention: Risk & Insurance Management 2 Broadway 21st Floor New York, NY 10004 Capital Contracts Only: (646) 252-1426 Operating Contracts Only: (646) 252-1435

G NAIC #

COVERAGES (See Notes 1 and 2)

CO LTR TYPE OF INSURANCE POLICY

NUMBER EFFECTIVE

DATE EXPIRATION

DATE LIMITS

BI & PD COMBINED OCCURRENCE $

GENERAL AGGREGATE $

PRODUCTS/COMPLETED OPERATIONS AGGREGATE $

GENERAL LIABILITY Commercial General Liability Form Underground Expl.& Collapse Hazard Products/Completed Operations Contractual Liability Independent Contractors Fifty Foot Exclusion Removed Personal & Advertising Injury SIR/Deductible $

OTHER $ BODILY INJURY (Per Occurrence) $

PROPERTY DAMAGE (Per Occurrence $

AUTOMOBILE LIABILITY Any Auto Owned Autos Hired Autos Non-Owned Autos

BODILY INJURY/PROPERTY DAMAGE COMBINED SINGLE LIMIT (Each Accident

$

AUTO ONLY EACH ACCIDENT $

EA ACC $ GARAGE LIABILITY

Any Auto OTHER THAN AUTO ONLY AGG $

EACH OCCURRENCE $

EXCESS LIABILITY Umbrella Form Other Than Umbrella Form SIR/Deductible $

AGGREGATE $

STATUTORY LIMITS

WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY

USLH Jones Act “All States” Coverage

EMPLOYER’S LIABILITY $

PROFESSIONAL LIABILITY

Includes Pollution Liability Deductible $

$

OTHER: $

OTHER: $

OTHER: $

EVIDENCE OF RAILROAD PROTECTIVE LIABILITY AND/OR BUILDER'S RISK INSURANCE, WHEN APPLICABLE, REQUIRES SUBMISSION OF THE ORIGINAL POLICY.

THE ORIGINAL BINDER(S) WILL BE ACCEPTED, PENDING ISSUANCE OF THE ORIGINAL POLICY(S). 3/2013.1

CERTIFICATE OF INSURANCE NYCT (Continued) Page 2

LIABILITY COVERAGES: ADDITIONAL INSUREDS (See Note 3) Check all that apply Coverage: General Liability, Garage Liability, Excess/Umbrella Liability Contractor’s Pollution Liability, Pollution Legal Liability, etc. For all NYCT Agreements New York City Transit Authority (“NYCT”), Manhattan and Bronx Surface Transit Operating Authority (“MaBSTOA”), Staten Island Rapid Transit Operating Authority (“SIRTOA”), MTA Capital Construction Co. (“MTACC”), MTA Bus Company (“MTABus”), Metropolitan Transportation Authority (“MTA”) and its subsidiaries and affiliates, and the City of New York (as owner) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

.

2 BROADWAY AGREEMENTS (When work is performed at 2 Broadway), Please Also Include:

Triborough Bridge & Tunnel Authority (“B&T”), Metro North Commuter Railroad Company (“MNR”), Long Island Railroad (“LIRR”), the State of New York, MTA Bus Company (“MTABus”), United States Trust Company of New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broadway LLC, ZAR Realty, Cassidy Turley New York, Inc. and Cassidy Turley PMG, Inc. and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

Other:

PROPERTY COVERAGES: (See Note 3) Check all that apply

ADDITIONAL NAMED INSUREDS/LOSS PAYEE Property, Builder’s Risk, etc.

LOSS PAYEE Coverage: Crime Insurance, Valuable Papers For all NYCT Agreements

New York City Transit Authority (“NYCT”), Manhattan and Bronx Surface Transit Operating Authority (“MaBSTOA”), Staten Island Rapid Transit Operating Authority (“SIRTOA”), MTA Capital Construction Co. (“MTACC”), MTA Bus Company (“MTABus”), Metropolitan Transportation Authority (“MTA”) and its subsidiaries and affiliates, and the City of New York (as owner) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

.

2 BROADWAY AGREEMENTS (When work is performed at 2 Broadway), Please Also Include:

Triborough Bridge & Tunnel Authority (“B&T”), Metro North Commuter

Railroad Company (“MNR”), Long Island Railroad (“LIRR”), the State of New York, MTA Bus Company “(MTABus”), United States Trust Company of New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broadway LLC, ZAR Realty, Cassidy Turley New York, Inc., Cassidy Turley PMG, Inc. and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

Other: NOTE 1: The subscribing insurance company(s), authorized to do business in the State of New York, certifies that insurance of the kinds and types and for limits of liability

herein stated, covering the Agreement/Contract herein designated, has been procured by and furnished on behalf of the Insured and is in full force and effect for the period listed on the front of this Certificate of Insurance. In addition, the subscribing insurance company(s) certifies that the insurance limits for General Liability Insurance are not amended by deductible clauses of any nature except as has been disclosed to and approved by the New York City Transit Authority (NYCT); and that coverage is afforded for the Insured’s obligations under that provision of the contract providing for indemnification of the Indemnified Parties, including the New York City Transit Authority (NYCT), named therein. When applicable, the subscribing insurance company(s) certifies that: any exclusion applying to construction or demolition operations on or within fifty (50) feet of railroad property (stations, yards, tracks, etc.); has been removed.

NOTE 2: Should any of the insurance policies referred to herein be canceled, changed or not renewed, notice should be delivered in accordance with the policy provision to:

New York City Transit Authority c/o MTA Risk and Insurance Management Department, 2 Broadway, 21st Floor, New York, NY 10004. NOTE 3: All references to Additional Insureds and Additional Named Insureds include those entities’ directors, officers, employees, partners, agents, subsidiaries and

affiliates. NOTE 4: This certificate is issued to the Certificate Holder in consideration of the Agreement/Contract entered into with the Named Insured. It is understood and

agreed that the certificate holder relies on the certificate as a basis for continuing such Agreement/Contract with the Named Insured.

AUTHORIZED INSURER/PRODUCER _______________________________________________

BY _______________________________________________ (signature of authorized Insurer/Producer)

TITLE _______________________________________________

STATE OF ) ) s.s. COUNTY OF ) On this _______ day of _______________________ 20___, before me personally came ___________________________________, to me known, who being duly sworn, did

depose and say that he/she resides in ______________________________________________, that he/she is the __________________________________ of the corporation

and described in and which executed the foregoing Certificate of Insurance, that he/she is fully authorized to execute the foregoing Certificate of Insurance.

_________________________________________________________________

(Notary Public)

CERTIFICATES OF INSURANCE MUST BE COMPLETED BY AUTHORIZED INSURANCE REPRESENTATIVES ONLY. 3/2013.1

Guidelines for Submission of Evidence of Insurance NEW YORK CITY TRANSIT (NYCT) AGREEMENTS

These are basic acceptance guidelines-read your agreement for specific insurance requirements. Policies must be written by Carriers rated A-/VII or better to be acceptable to MTA & MTA’s Operating Agencies

1. General Requirements:

• Use New York City Transit (NYCT) Certificate if contract applies to only NYCT; • Use Joint Agency Certificate if contract applies to more than one MTA Agency; • ACORD Certificate may be used for operating-funded contracts under $250,000 unless otherwise noted in agreement. On the Certificate, you are required to: • Reference the Agreement or Contract #; • Disclose any deductible, self-insured retention, sub-limit or aggregate limit; • Provide insured’s telephone number, contact person and e-mail address; • Must be signed by an Authorized Representative of the Insurance Carrier or Producer and notarized. • Insurance expiration dates may not be within 30 days of submission unless written assurance from the authorized broker

that the policy (s) will be renewed with the same terms and conditions is submitted with the certificate. • Select / Check (�) the appropriate boxes for Additional Insured / Additional Named Insureds and/or Loss Payees.

2. Minimum Coverages (Refer to Agreement for Specific Insurance Requirements):

a. Workers’ Compensation • The New York State Insurance Fund form is acceptable. • If a company is located out of state, an "All States" endorsement is required • Sole Proprietors may provide documentation from their accountant or attorney confirming their exempt status.

b. General Liability (Refers To Primary and Umbrella/Excess Liability Policies) • Minimum limits of Commercial General Liability may be satisfied by a combination of primary and umbrella /

excess policies and must follow form of the underlying policy and be extended to “drop down” to become primary in the event the primary policy is exhausted.

• A physical copy of the Additional Insured Endorsement (I.S.O. Form CG 20 10 1185 Form B version or equivalent) reflecting the policy number(s) and covering the required Indemnitees in the contract must accompany the certificate of insurance.

c. Railroad Protective Liability (RRPL) / Builder’s Risk (including installation floater) • A Certificate of Insurance is not acceptable proof of these coverages: an insurance binder must be provided pending

issuance of actual policy. • RRPL binder and or BR must list all required “Named” and/or “Additional Named” Insureds, as applicable. • Actual policies must be submitted within 30 days from issuance of binder.

d. Environmental Coverages - Contractor or its sub-contractor may provide: • Contractor’s Pollution Liability coverage must be endorsed to include the Additional Insureds per terms of contract

and a copy of the physical endorsement must accompany the certificate of insurance. • Pollution Legal Liability coverage must be endorsed to include the Additional Insureds as required in the contract.

Evidence of coverage can be satisfied by the following: o Stand-alone Pollution Legal Liability policy listing the Non-Owned Disposal Site o A Non-0wned Disposal Site Endorsement to the Contractors Pollution Liability policy. o A certificate of insurance from the disposal facility adding the applicable Agency (s) as Additional Insured.

• The Hauler must provide evidence of its Business Auto Liability policy with copies of the MCS90 & CA9948 endorsement.

e. Joint Venture • If the Contractor/Consultant is a Joint Venture, the joint venture shall provide evidence of liability insurance in the

name of the Joint Venture.

o If insurance is not purchased in the name of the Joint Venture, the member with the majority ownership interest in the joint venture must endorse its general liability policy to name the Joint Venture as an “ADDITIONAL NAMED” insured.

3. Provide Signed Certificate or a Certified Copy(s) of the actual Policy(s) to:

Mailing Address: MTA Risk and Insurance Management Dept., Standards, Enforcements and Claims Unit, 2 Broadway, 21st floor, New York, NY 10004.

INS-PROCEDURE-GUIDELINES – MTARIM -3/2013.1

ATTACHMENT CC EQUAL EMPLOYMENT

OPPORTUNITY EEO-1 FORM

ADDENDUM #2

CONTRACT B40656

690 LOW FLOOR 40-FOOT CLEAN DIESEL BUS

PROCUREMENT

ATTACHMENT DD STANDARD GUIDELINES FOR

DELIVERING CAPITAL SPARES INTO THE STOREROOM

ADDENDUM #2

CONTRACT B40656

690 LOW FLOOR 40-FOOT CLEAN DIESEL BUS

PROCUREMENT

Standard Guidelines for Delivering Capital Spares into the Storeroom

547899 1 of 2 B40656 Addendum #2

A. Delivery Instructions:

1. Deliveries to all Storerooms must be packed separately and appropriately with proper care. All Bills of Lading must be addressed to a single Storeroom, contain material for that Storeroom, and list all Purchase Order Numbers in the shipment.

2. Spare parts shall be shipped FOB Destination to:

NYC Transit Department of Buses Storeroom #56

331 Tiffany Street Bronx, NY 10473

Receiving Hours: 7:00 am to 2:00 pm

Telephone: (718) 620-4521 or (718) 620-4524

3. Prior to each scheduled shipping date, the Project Manager will notify the

Assistant Chief Procurement Officer, Bus Maintenance and Support, Materiel, that the shipment is ready. NYC Transit will advise the Contractor of the separate Purchase Order number established for each item.

4. Each package delivered must include a packing slip containing:

a. NYC Transit Stock Number b. Purchase Order Number c. Description d. Vendor or Bus Builder Part Number e. Quantity f. Serial Number

5. For shipments containing more than one (1) item, each item shall be boxed

separately with a separate packing slip on the outside of each box. Additionally, a manifest attached to the outside of the container shall be provided containing each Purchase Order Number of each item that is contained in the shipment.

B. Pallet Specifications:

1. Except UPS shipments, all shipments, including partial shipments, must be

delivered on non-returnable pallets. 2. Pallets must be new, reconditioned or used as long as they are in A-1 shape with

no broken boards or stringers. 3. Pallets must be standard travel pallets or constructed to the following

specification:

Standard Guidelines for Delivering Capital Spares into the Storeroom

547899 2 of 2 B40656 Addendum #2

40" x 48", with four (4) way entry, stringer design, no blocks, no plugs, constructed of sound class "c" hardwoods as follows:

a. Three (3) stringers 1-5/8" x 3-5/8" x 48" b. Two (2) top boards 3/4" x 6" x 40" c. Five (5) top boards 3/4" x 4" x 40" d. Two (2) bottom boards 3/4" x 6" x 40" e. Three (3) bottom boards 3/4" x 4" x 40" with six (6) point chamfers.

4. Fully loaded height (including pallet) not to exceed 53 inches 5. All pallets must be shrink-wrapped or banded. 6. Each pallet must have a visible label on the front and back of each pallet that

contains the following information: (Minimum two (2) inches high)

a. NYC Transit Stock Number b. quantity on pallet; c. quantity contained within each box/pkg. on the pallet (Minimum one (1) inch high) d. NYC Transit Purchase Order Number e. Scheduled receipt date

7. Please note: UPS type deliveries do not require pallets.

8. Note: Deliveries that are more than four (4) pallets require that an appointment be

made and confirmed with NYC Transit Receiving personnel by calling the telephone number(s) above prior to delivery.

ATTACHMENT W PRICE PROPOSAL

ADDENDUM #2

CONTRACT B40656

690 LOW FLOOR 40-FOOT CLEAN DIESEL BUS

PROCUREMENT

PRICE PROPOSAL Contract B40656 – Addendum #2

532044 1 of 7 B40656 Addendum #2

Class A: Base Order Buses Please provide pricing for each of the following quantities of buses.

Item No. Description

Est. Qty

(Buses)

Unit Price In Words & Figures

Extended Price (Unit Price times Estimated Quantity) In Words & Figures

1

Low Floor 40-foot clean diesel bus in accordance with the Contract Documents (This price will be utilized in the event 100% of the 690 Bus Order is awarded to your firm)

690 buses

____________________

Dollars and ______ Cents

($__________________)

____________________

Dollars and ______ Cents

($__________________)

2

Low Floor 40-foot clean diesel bus in accordance with the Contract Documents (This price will be utilized in the event either 60% or 70% of the 690 Bus Order is awarded to your firm)

414 or

483 buses

____________________

Dollars and ______ Cents

($__________________)

3

Low Floor 40-foot clean diesel bus in accordance with the Contract Documents (This price will be utilized in the event either 30% or 40% of the 690 Bus Order is awarded to your firm)

207 or

276 buses

____________________

Dollars and ______ Cents

($__________________)

CLASS A SUBTOTAL OF ITEM 1 (IN WORD AND FIGURES) _________________________________________________________________ DOLLARS AND _______CENTS ($___________________)

PRICE PROPOSAL Contract B40656 – Addendum #2

532044 2 of 7 B40656 Addendum #2

Base Proposal Pricing The Authority requires the Proposer to provide pricing information for the following list of components. This information will be used by the Cost/Price Analysis Unit during negotiations.

Component/System Manufacturer Price to the Authority1 Engine 2 Transmission 3 Multiplex 4 ABS Systems 5 Axles 6 Passenger Seating 7 Wheelchair Ramp System 8 Rear & Front Door System 9 HVAC System (including floor heaters)

10 Driver Seat 11 Destination Sign System 12 Intelligent Vehicle System 13 Fire Suppression System 14 Windows including windshield 15 Air Systems 16 Camera System 17 Frame 18 Passenger Lighting System 19 Flooring 20 Sub Floor 21 Fuel Tank 22 Cooling Package 23 Driver Barrier 24 Standard Long Life Headlights

Alternate Proposal Pricing In addition the Authority is interested in receiving pricing for the following item(s) in lieu of the item(s) specified in the Technical Specifications.

Component/System Manufacturer Price to the Authority1 LED Headlights

PRICE PROPOSAL Contract B40656 – Addendum #2

532044 3 of 7 B40656 Addendum #2

Class B: Qualification Testing, Manuals and Diagnostic Tools

Item No. Description Est

Qty Unit Price

In Words & Figures

Extended Price (Unit Price times Estimated Quantity) In Words & Figures

1 Complete Lot of Manuals as per Article 19 Deliverables List 1

__________________

Dollars and ___ Cents

($___________)

__________________

Dollars and ___ Cents

($___________)

2 Complete Set of Diagnostic Tools 1

__________________

Dollars and ___ Cents

($___________)

__________________

Dollars and ___ Cents

($___________)

3 Qualification Testing 1

__________________

Dollars and ___ Cents

($___________)

__________________

Dollars and ___ Cents

($___________)

4 Tailpipe Emission Profile Testing 1

__________________

Dollars and ___ Cents

($___________)

__________________

Dollars and ___ Cents

($___________)

CLASS B SUBTOTAL OF ITEMS 1-4 (IN WORD AND FIGURES) ____________________________________________________________________ DOLLARS AND _________ CENTS ($__________________)

PRICE PROPOSAL Contract B40656 – Addendum #2

532044 4 of 7 B40656 Addendum #2

Class C: Training

Item No. Description

Est Qty

(days)

Unit Price In Words & Figures

Extended Price (Unit Price times Estimated Quantity) In Words & Figures

1 OEM Training (per day) in accordance with Article 20 of the Specific Contract Provisions

40

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

2 Subcontractor Training (per day) in accordance with Article 20 of the Specific Contract Provisions

80

___________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

CLASS C SUBTOTAL OF TRAINING ITEMS 1-2 (IN WORD AND FIGURES) _________________________________________________________________ DOLLARS AND _______CENTS ($___________________)

PRICE PROPOSAL Contract B40656 – Addendum #2

532044 5 of 7 B40656 Addendum #2

Class D: Spare Parts

Item No. Description

Est Qty

(%*)

Unit Price In Words & Figures

Extended Price (Unit Price times Estimated Quantity) In Words & Figures

1

Power Pack Assembly (Eng, trans, turbo, belts, hoses, cradle, driveshaft and all engine mounted accessories)

0.5%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

2 Engine (turbo, belts, hoses, and all engine mounted accessories)

1.0%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

3 Transmission (complete with torque converter, lines and cooler)

1.0%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

4

Front Axle Assembly (complete with all axle-mounted components, suspension beams and bellows, brakes, steering gear linkage and radius rods)

0.5%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

5

Drive Axle Assembly (complete with all axle-mounted components, suspension beams and bellows and brakes)

0.5%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

6

Diesel Particulate Filter (DPF) Assembly (complete with controller, mounted components and associated sensors)

1.0%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

PRICE PROPOSAL Contract B40656 – Addendum #2

532044 6 of 7 B40656 Addendum #2

Item No. Description

Est Qty

(%*)

Unit Price In Words & Figures

Extended Price (Unit Price times Estimated Quantity) In Words & Figures

7

Selective Catalytic Reduction (SCR) Assembly (complete with controller, mounted components and associated sensors)

1.0%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

8 Destination Sign System (complete with controller) 1.0%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

9 Cooling System - Radiator, CAC, Fan & Controls 1.0%

__________________

Dollars and ___ Cents

($___________)

___________________

Dollars and ___ Cents

($___________)

*The estimated quantity associated with each of the Spare Parts listed in the table above will be determined based upon the portion (%) of the 690 Bus Order which is awarded to your firm. For the purposes of this Proposal, the Proposer should assume 100% of the 690 Bus Order will be awarded to your firm. For example: 1% of 690 would be equivalent to 7 Units. CLASS D SUBTOTAL OF SPARE PARTS ITEMS 1-9 (IN WORD AND FIGURES) _________________________________________________________________ DOLLARS AND _______CENTS ($___________________) THE GROSS SUM BID OF CLASS A ITEM # 1 and CLASSES B, C & D (IN WORDS AND FIGURES): __________________________________________________________________DOLLARS AND ______CENTS ($_____________________)

PRICE PROPOSAL Contract B40656 – Addendum #2

532044 7 of 7 B40656 Addendum #2

Execution of Proposal Proposer is to complete and sign before a Notary Public or Commissioner of Deeds the following Affidavit of Verification section: Type or Print the Information Requested Below.

Proposer’s Full Legal Name (Fill in exact name of individual, firm, corporation or

partnership) Address:

Business Telephone No. ( ) Fax No. ( )

Name of Person Executing Proposal Title of Person Executing Proposal

Proposer’s Federal Taxpayer Identification Number

STATE OF _________________ ) ) ss: COUNTY OF _________________ ) The undersigned, being duly sworn says: (a) I am duly authorized by the Proposer to execute this Proposal; (b) I have examined all parts of the Contract Documents, Proposal and Price Proposal and hereby certify that the foregoing Proposal and Price Proposal is in all respects true and correct and (c) the Proposer hereby authorizes the Authority to make any necessary examination or inquiry in order to make a determination as to the qualifications and responsibility of the Proposer, as well as the authority of the person executing the Proposal. __________________________________________ (Signature of Person Executing Proposal) Sworn to before me this ________ day of _______________, 20____

_________________________________________ (Notary Public or Commissioner of Deeds)

ATTACHMENT Z PRICE BUILD-UP FORM

ADDENDUM #2

CONTRACT B40656

690 LOW FLOOR 40-FOOT CLEAN DIESEL BUS

PROCUREMENT

B40656 - Addendum #2 Price build up of the systems on a Low Floor 40ft Clean Diesel bus

Price 1.0 2.0

2.1.1 Air compressor

2.2.1 Transmission oil cooler

2.3.1 Front Axle Assy2.3.2 Rear Axle Assy

2.4.1 Steering pump2.4.2 Steering gear2.4.3 Steering wheel and column2.4.4 Linkage mechanisms

2.5.1 Air suspension system (leveling valve, air bags, air manifolds, radius rod, etc.)2.5.2 Front suspension2.5.3 Rear suspension2.5.4 Shock absorbers2.5.5 Kneeling system

2.7.1 Hub2.7.2 Wheel (Rim)

2.8.1 Tanks2.8.2 Piping lines, tube fittings2.8.3 Valves, Pressure relief devices, regulators, indicators, etc.2.8.4 Fuel ports, fuel heater, controls.

3.0

3.1.1 Compressor3.1.2 Condenser; Fans, Controls, regulators3.1.3 Evaporator, Fans, Controls, regulators3.1.4 Hose and Valves

3.1 Air Conditioning*

2.7 Hub and Wheels*

2.8 Fuel System*

2.9 Exhaust System*HVAC System

2.5 Suspension*

2.6 Drive Shaft*

System, Subsystems and Components

2.2 Transmission and ancillary equipment*

2.3 Axles*

2.4 Steering and components*

Body Frame Structure and Construction (Vents and ducts)*Power Train System2.1 Engine and ancillary equipment ( Fully Dressed)*

*Please make sure to include any subsystems listed in your price.

Addendum #2

Page 1 of 3

B40656 - Addendum #2 Price build up of the systems on a Low Floor 40ft Clean Diesel bus

Price System, Subsystems and Components

3.2.1 Floor heaters (coils)3.2.2 Floor ducting3.2.3 Defroster3.2.4 Blowers, deflectors, valves

4.0

5.0

6.0

7.0

8.0

9.0

10.0 11.0 12.0

13.0 14.0

14.1 LED lights- passenger14.2 Driver’s light14.3 Door lights

12.1 Brake interlock12.2 Accelerator interlockPublic Address system ( Speak easy and speakers )Interior lighting*

Driver’s Area

Passenger Seating (all seats and wheelchair barriers)Intelligent Vehicle System Interlock systems*

9.1 Driver's seat9.2 Driver's barrier

8.1 Front Destination signs – controller, keypad display8.2 Side Destination Signs8.3 Rear Destination Signs8.4 Interior stop request signs

7.1 Air tanks7.2 Air Lines7.3 Air dryers, oil & water separators – (Consep valve)Signage Systems*

5.6 Drivers instrumental panel/display panelBrake System*6.1 Brakes- Foundation, application valves, pedal, disks, drumPneumatic system*

5.1 Electric cabinet5.2 Cabling

5.4 Alternators5.5 Multiplex System modules

5.3 Connectors

4.2 Radiators4.3 Fans4.4 Belt drive system or hydraulic drive system or electric systemElectrical systems /wiring*

3.2 Heating System*

Cooling System*4.1 Charge air cooler

*Please make sure to include any subsystems listed in your price.

Addendum #2

Page 2 of 3

B40656 - Addendum #2 Price build up of the systems on a Low Floor 40ft Clean Diesel bus

Price System, Subsystems and Components15.0 16.0

17.0 18.0

19.0

20.0 21.0 22.0 23.0 24.0

25.0

26.0 27.0 28.0 29.0 30.0

25.2 Hoses / manifolds/ fine bottle / control pad

Total Per Bus Price

Radio and antenna, wiring and installation.Warranties (lump sum per bus - break down in proposal)Assembly (lump sum per bus)MiscellaneousCustomer Information System pre-wiring

Wheelchair Ramp System*24.1 Tie down / restraint systemAutomatic Fire Suppression System*25.1 Infra red heat sensors/LTD Sensor

Interior and Exterior mirrorsCamera SystemBatteries and battery compartmentDecals (interior and exterior)

19.4 Side wall - Panels19.5 Ceiling Panels19.6 Modesty panels19.7 Additional Anti-graffiti Coating

18.3 Mud GuardsInterior*19.1 Flooring – wood or composite

19.3 Assists (grab handles)19.2 Floor covering

Front and rear bumpersExterior*18.1 Panels18.2 Fiberglas Caps

Passenger doors mechanism*16.1 Doors16.2 Controllers16.3 Control handle

Passenger windows (including windshield)

*Please make sure to include any subsystems listed in your price.

Addendum #2

Page 3 of 3

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

TECHNICAL SPECIFICATIONS

For The Procurement of 40 Ft. Low-Floor Diesel Buses

Contract B40656 March 2013

Technical Specification Rev. 1.5

New York City Transit - Department of Buses Technical Specification Page TS-Page TS-i

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

1.0 GENERAL .......................................................................................... 1

1.1 Responsibility for Design ...................................................................................1

1.2 Scope ...................................................................................................................2

1.3 Model Year ...........................................................................................................2

1.4 Definitions............................................................................................................3

1.5 Abbreviations and Acronyms.............................................................................7

1.6 Referenced Publications ....................................................................................8

1.7 Legal Requirements ............................................................................................8

1.8 Component Protection........................................................................................9

1.9 Technical Submission ........................................................................................9

1.10 OEM Requirements and Recommendations.....................................................9 1.10.1 Application Approvals ................................................................................................9 1.10.2 OEM Fluids ..............................................................................................................10

1.11 Test Requirements ............................................................................................10 1.11.1 Submittals ................................................................................................................11 1.11.2 Test Program ...........................................................................................................11 1.11.3 Test Facilities ...........................................................................................................11 1.11.4 Test Procedures.......................................................................................................12 1.11.5 Test Reports ............................................................................................................12 1.11.6 Design and Sub-System Qualification Testing.........................................................12

1.11.6.1 Design and Sub-System Qualification Testing........................................................ 12 1.11.6.2 Sub-System Qualification Testing............................................................................. 13

1.11.7 First Article Inspections............................................................................................13 1.11.8 Bus Qualification Tests ............................................................................................14 1.11.9 Electromagnetic Compatibility..................................................................................14 1.11.10 Noise....................................................................................................................14

1.11.10.1 Interior Noise............................................................................................................... 15 1.11.10.2 Exterior Noise.............................................................................................................. 15 1.11.10.3 Resonance................................................................................................................... 16 1.11.10.4 Transient Noise ........................................................................................................... 16

1.11.11 Failure Mode and Effects Analysis (FMEA) .........................................................16 1.12 Configuration Audit...........................................................................................17

1.13 Evaluation In Service ........................................................................................17 1.13.1 Fuel Economy Evaluation ........................................................................................17 1.13.2 Reliability Evaluation................................................................................................17

1.13.2.1 Service Evaluation Defects ........................................................................................ 17 1.13.2.2 Mechanical Defects..................................................................................................... 18 1.13.2.3 Electrical Defects ........................................................................................................ 18 1.13.2.4 Defects Beyond The Manufacturer’s Ability To Control ......................................... 18 1.13.2.5 Excessive Maintenance.............................................................................................. 18 1.13.2.6 Defects Noted On Maintenance Inspections (Non-Road) ....................................... 18

New York City Transit - Department of Buses Technical Specification Page TS-Page TS-ii

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

1.13.2.7 Notice Of Defect .......................................................................................................... 18 1.14 Quality Assurance.............................................................................................18

1.15 Drawings ............................................................................................................19

1.16 Physical Capacities, Size And Dimensions ....................................................20 1.16.1 Underbody Clearance..............................................................................................20 1.16.2 Ramp Clearances ....................................................................................................21 1.16.3 Ground Clearance....................................................................................................21 1.16.4 Axle Clearance.........................................................................................................21 1.16.5 Wheel Area Clearance.............................................................................................21 1.16.6 Weight......................................................................................................................21 1.16.7 Carrying Capacity ....................................................................................................22

1.17 Service Life And Maintenance..........................................................................22 1.17.1 Maintenance (Service) And Inspection ....................................................................22 1.17.2 Mean Mileage Between Failures..............................................................................23 1.17.3 Maintainability – Mean Time To Repair ...................................................................23 1.17.4 Accessibility for Maintenance...................................................................................24 1.17.5 Interchangeability.....................................................................................................24 1.17.6 Compatibility ............................................................................................................24 1.17.7 Operating Environment ............................................................................................24

2.0 CONSTRUCTION REQUIREMENTS ............................................... 26

2.1 Structural Safety................................................................................................27 2.1.1 Structural Requirements for Power Plant Components ...........................................27

2.1.1.1 Structural Support for Fuel Containers (CNG Only).................................................... 27 2.1.2 Torque Marking........................................................................................................27

2.2 Fire Protection...................................................................................................28

2.3 Emergency Egress And Ventilation.................................................................29 2.3.1 Emergency Door Release........................................................................................29 2.3.2 Emergency Egress Windows ...................................................................................29

2.4 Materials.............................................................................................................30 2.4.1 Undercoating Materials ............................................................................................30 2.4.2 Insulating Material Properties ..................................................................................30 2.4.3 Insulating Material Performance ..............................................................................31

2.5 Structural Strength And Distortion..................................................................32 2.5.1 Distortion..................................................................................................................32 2.5.2 Jacking.....................................................................................................................32 2.5.3 Lift Adapters And Safety Stands ..............................................................................32 2.5.4 Towing .....................................................................................................................32

2.5.4.1 Front and Rear Towing ................................................................................................... 33 2.5.4.2 Tow Adapters................................................................................................................... 33 2.5.4.3 Air Line (Towing) ............................................................................................................. 34

2.6 Body ...................................................................................................................34 2.6.1 Structural Body Components ...................................................................................34

New York City Transit - Department of Buses Technical Specification Page TS-Page TS-iii

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

2.6.2 Exterior Access and Service Doors .........................................................................34 2.6.3 Passenger Doors (General) .....................................................................................35 2.6.4 Fender Skirts............................................................................................................35 2.6.5 Splash Aprons..........................................................................................................35 2.6.6 Exterior Finish And Color .........................................................................................35 2.6.7 Manufacturers Identification – Logos & Monograms................................................36 2.6.8 Repair And Replacement.........................................................................................36 2.6.9 Wheel Housing Clearance .......................................................................................36 2.6.10 Water Test ...............................................................................................................36

2.7 Interior Appointments And Construction........................................................36 2.7.1 Interior Trim General Requirements ........................................................................36 2.7.2 Graffiti Resistance....................................................................................................37 2.7.3 Service Compartments And Interior Access Doors..................................................37 2.7.4 Fastening .................................................................................................................38 2.7.5 Dash Panels.............................................................................................................38 2.7.6 Trim Panels..............................................................................................................38 2.7.7 Headlining................................................................................................................38 2.7.8 Front End .................................................................................................................39 2.7.9 Rear Interior .............................................................................................................39 2.7.10 Sidewalls..................................................................................................................39 2.7.11 Modesty Panels .......................................................................................................39 2.7.12 Passenger Assists (General Requirements)............................................................40 2.7.13 Driver’s Door and Security Barrier ...........................................................................42

2.7.13.1 Description .................................................................................................................. 42 2.7.13.2 Material......................................................................................................................... 43

2.7.14 Steps And Door Areas .............................................................................................44 2.7.14.1 Step .............................................................................................................................. 44 2.7.14.2 Step Coverings............................................................................................................ 44

2.7.15 Headroom ................................................................................................................44 2.7.16 Driver’s Rear Barrier ................................................................................................44 2.7.17 Electronic Equipment Cabinet..................................................................................44

2.8 Exterior Appointments And Construction ......................................................45 2.8.1 Bumper System .......................................................................................................45

2.8.1.1 Front Bumper................................................................................................................... 45 2.8.1.2 Rear Bumper.................................................................................................................... 46

2.8.2 Gutters .....................................................................................................................46 2.8.3 Skid Plate.................................................................................................................46

2.9 Passenger Doors...............................................................................................46 2.9.1 Closing Force...........................................................................................................47 2.9.2 Door Speed..............................................................................................................47 2.9.3 Door Materials..........................................................................................................47 2.9.4 Door Dimensions .....................................................................................................47 2.9.5 Door Glazing ............................................................................................................47 2.9.6 Door Projection ........................................................................................................48 2.9.7 Door Height Above Pavement .................................................................................48 2.9.8 Rear Door Closing Performance..............................................................................48

New York City Transit - Department of Buses Technical Specification Page TS-Page TS-iv

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

2.10 Floor ...................................................................................................................48 2.10.1 Floor Slope...............................................................................................................48 2.10.2 Floor Fastening ........................................................................................................48 2.10.3 Floor Access Hatches ..............................................................................................49 2.10.4 Floor Construction And Strength..............................................................................49 2.10.5 Floor Covering .........................................................................................................50

2.10.5.1 General......................................................................................................................... 50 2.10.5.2 Passenger Area Floor Covering ................................................................................ 50 2.10.5.3 Wheelchair Parking Space Flooring ......................................................................... 51 2.10.5.4 Floor Covering Driver’s Area..................................................................................... 51 2.10.5.5 Rear Bench Seat Covering......................................................................................... 51

2.11 Wheel Housing ..................................................................................................51

2.12 Glazing Materials...............................................................................................51 2.12.1 Windshield ...............................................................................................................52 2.12.2 Windshield Wipers (Ref. FMVSS 104).....................................................................52 2.12.3 Windshield Washers ................................................................................................52 2.12.4 Driver’s Side Window...............................................................................................53 2.12.5 Passenger Area – Side Windows ............................................................................53

2.12.5.1 Passenger Window Construction.............................................................................. 54 2.13 Sunscreens........................................................................................................54

3.0 POWERPLANT ................................................................................ 55 3.1.1 Fast Idle Device .......................................................................................................55 3.1.2 Idle Shut Down.........................................................................................................55

3.2 Vehicle Performance.........................................................................................56 3.2.1 Top Speed ...............................................................................................................56 3.2.2 Gradability................................................................................................................56 3.2.3 Acceleration .............................................................................................................57 3.2.4 Jerk ..........................................................................................................................57

3.3 FUEL SYSTEM ...................................................................................................58 3.3.1 Fuel Tank.................................................................................................................58 3.3.2 Fuel Filler .................................................................................................................58

3.4 Powerplant Mounting........................................................................................59

3.5 Powerplant Accessories...................................................................................59 3.5.1 Fill Caps...................................................................................................................59 3.5.2 Lubricant Sumps ......................................................................................................59 3.5.3 Filters (All Fluids) .....................................................................................................59 3.5.4 Engine Compartment Gauges .................................................................................59 3.5.5 Engine - Driven Accessories....................................................................................60 3.5.6 Hydraulic System for Hydraulically Driven Accessories..........................................60

3.6 Fuel and Engine Oil Fluid Lines .......................................................................60

3.7 Hydraulic Fluid Lines ........................................................................................61

3.8 Engine Starter Motor.........................................................................................61

New York City Transit - Department of Buses Technical Specification Page TS-Page TS-v

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.8.1 Starter Interlock........................................................................................................61 3.9 Engine Air intake ...............................................................................................62

3.10 Cooling System .................................................................................................62 3.10.1 Winterization ............................................................................................................63 3.10.2 Coolant Treatment ...................................................................................................63 3.10.3 Pressure Relief ........................................................................................................63 3.10.4 Radiator ...................................................................................................................63 3.10.5 Clamps, Fittings and Hoses .....................................................................................64

3.11 Transmission.....................................................................................................64 3.11.1 Shift Authorization....................................................................................................65 3.11.2 Transmission Retarder.............................................................................................65

3.12 Exhaust System.................................................................................................65 3.12.1 Emissions Requirement ...........................................................................................66 3.12.2 Exhaust Piping .........................................................................................................67 3.12.3 Exhaust Aftertreatment ............................................................................................67

3.12.3.1 Diesel Exhaust Fluid Injection................................................................................... 67 3.12.3.2 Particulate Aftertreatment.......................................................................................... 67

3.13 Powerplant Service ...........................................................................................68

4.0 DRIVER CONTROLS ....................................................................... 69

4.1 Instrumentation .................................................................................................69

4.2 Switches and Controls......................................................................................69 4.2.1 Switches...................................................................................................................69 4.2.2 Controls And Indicators to be Provided ...................................................................71 4.2.3 Component Location................................................................................................71

4.3 Dash Instruments and Console Bulbs.............................................................72 4.3.1 Speedometer ...........................................................................................................72 4.3.2 Air Pressure Gauges................................................................................................72 4.3.3 Voltage Monitoring Display ......................................................................................73 4.3.4 DEF Monitoring Display ...........................................................................................73 4.3.5 Dash Wiring .............................................................................................................73

4.4 Onboard Diagnostics ........................................................................................73 4.4.1 Visible Indicators......................................................................................................74

4.5 Driver’s Area Switch and Control Guide .........................................................75

5.0 DRIVER’S AREA.............................................................................. 76

5.1 Driver’s Seat ......................................................................................................76 5.1.1 Structure And Materials ...........................................................................................76

5.2 Seat Belt.............................................................................................................76

5.3 Driver’s Personal Storage Box.........................................................................77

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5.4 Door(s) Control..................................................................................................77

5.5 Door Interlock....................................................................................................77

6.0 MIRRORS......................................................................................... 78

6.1 Interior Mirrors...................................................................................................78

6.2 Exterior Mirrors .................................................................................................79

7.0 PASSENGER SEATS ...................................................................... 80

7.1 Arrangements....................................................................................................80 7.1.1 Hip-To-Knee.............................................................................................................81 7.1.2 Foot Room ...............................................................................................................81 7.1.3 Seating Barriers .......................................................................................................81 7.1.4 Aisle .........................................................................................................................81

7.2 Seat Structure and Design ...............................................................................82 7.2.1 Flip-Up Seats ...........................................................................................................82 7.2.2 Seat Back Handholds ..............................................................................................82 7.2.3 Armrests...................................................................................................................83 7.2.4 Seating Systems Tests ............................................................................................83

7.3 Construction and Materials ..............................................................................84 7.3.1 Hard Seat Inserts .....................................................................................................85

7.3.1.1 Insert Attachment............................................................................................................ 85 7.4 Wheelchair Passenger Restraints....................................................................85

8.0 REAR DOOR INTERLOCK REQUIREMENTS ................................ 86

8.1 Operational Requirements Of The System .....................................................87

9.0 AIR SYSTEM.................................................................................... 89

9.1 Air Compressors ...............................................................................................89 9.1.1 Compressor Inlet......................................................................................................89

9.2 Air Lines.............................................................................................................90

9.3 Leak Down Rate.................................................................................................91

9.4 Air Reservoirs....................................................................................................91

9.5 Pressure Relief Valves......................................................................................91

9.6 Air Dryer.............................................................................................................91

9.7 Oil And Water Separator...................................................................................92

9.8 Shop Air Connection.........................................................................................92

10.0 BRAKES AND WHEELS............................................................... 93

10.1 Friction Material.................................................................................................93

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10.2 Wheels and Tires...............................................................................................93 10.2.1 Hubodometer ...........................................................................................................94

10.3 Wheel Hubs........................................................................................................94

10.4 Emergency/Parking Brake................................................................................94

10.5 Anti-Skid Braking System (ABS)/ Automatic Traction Control (ATC)...........94

11.0 SUSPENSION, AXLES AND STEERING ..................................... 96

11.1 Suspension........................................................................................................96

11.2 Lubrication.........................................................................................................96

11.3 Synthetic Gear Oil .............................................................................................96

11.4 Steering Column (Post) ....................................................................................96

11.5 Steering Components .......................................................................................97

11.6 Turning Radius ..................................................................................................97

11.7 Turning Effort ....................................................................................................97

11.8 Spring And Shock Absorbers ..........................................................................98 11.8.1 Suspension Damping...............................................................................................98 11.8.2 Suspension Travel ...................................................................................................98

11.9 Kneeling .............................................................................................................98

11.10 Drive Axle and Gear.......................................................................................99

12.0 ELECTRICAL SYSTEM .............................................................. 100

12.1 Electrical System General Requirements .....................................................100

12.2 Voltage Drop....................................................................................................100

12.3 Parasitic Load..................................................................................................100

12.4 Multiplex System.............................................................................................101 12.4.1 System Architecture Requirements .......................................................................102 12.4.2 Hardware Requirements ........................................................................................103

12.5 Suppression Diodes/ Relays ..........................................................................104

12.6 Alternator and Voltage Regulator ..................................................................104

12.7 Alternator and Battery Load Test and Starter Crank Test ...........................104

12.8 Brushless Motors ............................................................................................106

12.9 Circuit Protection ............................................................................................106

12.10 Grounding ....................................................................................................107

12.11 Protection of Electrical Equipment ............................................................107

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12.12 Modular Design............................................................................................107

12.13 Wiring And Terminals..................................................................................108 12.13.1 Wiring.................................................................................................................108 12.13.2 Terminals / Connectors......................................................................................109 12.13.3 Electrical Schematics.........................................................................................111

12.14 Electrical Components................................................................................112 12.14.1 Junction Boxes and Electronic/ Electrical Compartments..................................112 12.14.2 Engine Rear Controls and Gauges ....................................................................112 12.14.3 Master Run Switch.............................................................................................113

12.15 Batteries .......................................................................................................113 12.15.1 Master Battery Disconnect Switch .....................................................................115 12.15.2 Battery Equalizer or DC/DC Converter ..............................................................115 12.15.3 Quick Connect Jump Start Connector ...............................................................115

12.16 Exterior Lighting ..........................................................................................116 12.16.1 Headlights ..........................................................................................................116 12.16.2 Day-Time Running Light System .......................................................................117 12.16.3 Signal Lights ......................................................................................................117 12.16.4 Select Bus Service Operation Requirements (Applicable Only To Articulated Buses)

...........................................................................................................................117 12.16.5 Third Brake Light................................................................................................117 12.16.6 Service Area Lighting.........................................................................................118

12.17 Interior Lighting ...........................................................................................118 12.17.1 Lighting for the Passenger Area ........................................................................118 12.17.2 Entry and Exit Area Lighting ..............................................................................119 12.17.3 Driver’s Lighting .................................................................................................119 12.17.4 Service Compartment Lighting...........................................................................119 12.17.5 Rear Door Authorization Lights..........................................................................119

12.18 NYCT Radio System ....................................................................................120

12.19 Public Address System...............................................................................121

12.20 Bus Systems Communication Protocol.....................................................121

12.21 Intelligent Vehicle System ..........................................................................121

12.22 Bus Camera Security System.....................................................................121

12.23 Bus Customer Information Systems..........................................................122

12.24 Miscellaneous Electrical Equipment..........................................................122 12.24.1 Anti-Static Straps ...............................................................................................122 12.24.2 Exit Signal ..........................................................................................................122 12.24.3 Stop Requested Sign .........................................................................................123 12.24.4 Backup Alarm.....................................................................................................123

13.0 FIRE PROTECTION AND SUPPRESSION ................................ 124

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13.1 Fire Suppression System (FSS) .....................................................................124 13.1.1 Control Panel .........................................................................................................124 13.1.2 Fire Extinguishing System .....................................................................................124 13.1.3 Thermal Detectors .................................................................................................125 13.1.4 Optical Infrared Detectors ......................................................................................125 13.1.5 Manual Discharge Button.......................................................................................126 13.1.6 Interface to Vehicle Controls..................................................................................126 13.1.7 Hazard Protection ..................................................................................................126

13.1.7.1 Engine Compartment................................................................................................ 127 13.1.8 Hazard Analysis and Certification Criteria .............................................................127

13.2 Fire Extinguisher .............................................................................................127

14.0 HEATING, VENTILATING AND AIR CONDITIONING ............... 128

14.1 Capacity and Performance .............................................................................128

14.2 Controls and Temperature Uniformity...........................................................129

14.3 Air Flow ............................................................................................................130 14.3.1 Passenger Area .....................................................................................................130 14.3.2 Driver’s Area ..........................................................................................................130

14.4 Driver’s Compartment Requirements............................................................131

14.5 Air Filtration.....................................................................................................131

14.6 System Requirements.....................................................................................132 14.6.1 Refrigerant Lines....................................................................................................132

14.7 Maintainability .................................................................................................133

14.8 Heating System ...............................................................................................133

15.0 SIGNAGE .................................................................................... 135

15.1 Numbering And Signs.....................................................................................135 15.1.1 Fleet Identification Numbers ..................................................................................135 15.1.2 Rear Bus Numbers ................................................................................................135 15.1.3 Roof Top Numbers Mounting Location ..................................................................136 15.1.4 Anti-Skid Tape .......................................................................................................136 15.1.5 SBS Decals (Wrap) (Applicable Only to Articulated Buses) ..................................136 15.1.6 Materials ................................................................................................................136 15.1.7 Style .......................................................................................................................137 15.1.8 Installation..............................................................................................................137 15.1.9 ADA Compliant Bus Fleet Number Signage ..........................................................137

15.2 Electronic Route Displays ..............................................................................137 15.2.1 Destination Sign Emergency Message ..................................................................139

16.0 WHEELCHAIR RAMP................................................................. 140

16.1 Wheelchair Legal Requirements ....................................................................140

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16.2 Wheelchair Loading System...........................................................................140

16.3 Wheelchair Restraints.....................................................................................141 16.3.1 Forward Wheelchair Restraints..............................................................................142 16.3.2 Rear Wheelchair Restraints ...................................................................................142

16.4 Wheelchair Maneuvering Room.....................................................................142

16.5 Wheelchair Customer Envelope Holder ........................................................143

16.6 Wheelchair Accessibility Test (Functional Test) ..........................................143

17.0 MISCELLANEOUS...................................................................... 144

17.1 Interior Advertising Media ..............................................................................144

17.2 Exterior Advertising Media.............................................................................144

17.3 Bus Customer Information Center.................................................................144

17.4 Tumbler Card Holder.......................................................................................144

17.5 Run Numbers...................................................................................................144

17.6 Registration Holder .........................................................................................145

17.7 Fare Collection ................................................................................................145

17.8 Child Height Marker ........................................................................................146

17.9 License Plates .................................................................................................147

17.10 Extermination...............................................................................................147

17.11 Diagnostic Equipment and Special Tools..................................................147 17.11.1 3D Model Software Requirements .....................................................................148

17.12 Barcode Labels ............................................................................................148

Revision Log........................................................................................... 149

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1.0 GENERAL The details of this specification are a part of this contract. Notwithstanding anything in the contract to the contrary, it is understood and agreed to by the Contractor (manufacturer) that NYCT, Department of Buses has provided the Technical Specifications for the sole purpose of describing in general terms the performance required from each bus, each bus’s systems and the discrete subsystems that make up the bus. The specification does not constitute a design of the bus or of such systems or discrete components. NYCT makes no representation regarding the Technical Specifications. The Contractor shall verify the correctness of the Technical Specifications. The bus cannot exceed a height of 11 feet 3 inches. The bus builder shall provide and install a permanent plaque indicating the height of the bus in feet and inches. The plaque shall be riveted to the driver’s dash in an area clearly visible to the driver. Curb weight shall not exceed 31,500 ± 1% pounds. All components of the bus shall have a rated carrying capacity for a GVWR that exceeds the curb weight + a full load of fuel + 150 pounds for each seat + a full standee load and driver. The operating range of the bus when run on the Altoona (ADB) Test Cycle shall be at least 350 miles with full fuel capacity.

1.1 RESPONSIBILITY FOR DESIGN Except as noted in the Section 1.10 - OEM Requirements and Recommendations, this specification is intended to leave the manufacturer free to provide his own detailed design for the basic vehicle and the vehicles ancillary equipment. The Contractor shall assume complete and overall responsibility for the design and satisfactory operation of the vehicle and the vehicle’s sub-systems or component parts. The Contractor’s responsibility includes but is not limited to ensuring that the design and manufacture of the vehicle and the vehicles component parts are appropriate, coordinated, compatible and perform correctly throughout the life of the vehicle, whether together or individually. The Contractor shall submit to NYCT the life expectancy of specified components as per the attached list in Appendix A (all pneumatic, hydraulic and electrical controls, switches, valves, relays, etc.) in NYCT’s revenue service and duty cycle. The projected life expectancy shall be based upon actual in-service experience wherever practical. If in-service data is not available the projected life expectancy shall be based upon durability testing utilizing the best applicable industry practices as may be promulgated by such organizations as SAE, ANSI, ASTM or other acknowledged industry organizations. Wherever practicable, the Contractor shall identify alternate suppliers or products that have demonstrated performance that exceeds the performance of the Contractor’s standard product. It is the goal of NYCT to maximize the replacement intervals and at a

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minimum to achieve four year or multiples of four year replacement cycles to coincide with NYCT’s established four-year overhaul programs. The Contractor shall state for each alternative product offered the incremental increase in life expectancy and associated costs of such life extension. The Contractor shall provide a technical description of the alternate product offered and shall provide a brief description of the underlying reasons for the improved life expectancy. Requests for approved equals or other relief from the requirements of this specification shall be requested in writing from the Project Manager.

1.2 SCOPE This Technical Specification covers the requirements for low-floor, wheelchair accessible, 40-foot diesel buses. The propulsion system shall be designed to minimize exhaust emissions and maximize fuel economy while meeting the specified performance requirements. The bus shall be 102 inches wide, exclusive of the projection of the rear view mirrors. They are intended for the widest possible spectrum of passengers, including children, adults, the elderly, and the disabled. The bus shall be designed to operate successfully under any/all conditions of usage in the prevailing environment of the New York City metropolitan area for a period of 12 years or 500,000 miles. The bus structure must be qualified for 12 year/500,000 mile design life in NYCT service through the dynamic shaker table testing, or approved equal dynamic testing. Report of all structural testing and corrective actions shall be supplied. The design, construction and materials used to build buses shall be the same as the bus qualified, with the exception of modifications that are required as a consequence of the qualification process. The Contractor shall notify the NYCT Project Manager of any modification of the design, materials or processes, used in the manufacture of the buses, which has occurred since the buses were qualified by NYCT. A design validation process for any structural changes must be submitted for technical review by NYCT.

1.3 MODEL YEAR Manufacturers’ statement of origin shall be perfected for the year in which a bus is completed. The date of manufacture of a bus for this contract shall mean when a bus frame has had its axles, engine and transmission installed. Any bus that has some but not all of these components installed shall be deemed incomplete for purposes of the MSO.

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1.4 DEFINITIONS

Ambient Temperature: The temperature of the surrounding air. For testing purposes, ambient temperature must be between 16 °C (50 °F) and 38 °C (100 °F). Analog Signals: A continuously variable signal that is solely dependent upon magnitude to express information content.

NOTE: Analog signals are used to represent the state of variable devices such as rheostats, potentiometers, temperature probes, etc.

Audible Discrete Frequency: An audible discrete frequency is determined to exist if the sound power level in any 1/3-octave band exceeds the average of the sound power levels of the two adjacent 1/3-octave bands by 4 decibels (dB) or more. Battery Compartment: Low-voltage energy storage, i.e. 12/24 VDC batteries. Battery Management System (BMS): Monitors energy, as well as temperature, cell or module voltages, and total pack voltage. The BMS adjusts the control strategy algorithms to maintain the batteries at uniform state of charge and optimal temperatures. Braking Resistor: Device that converts electrical energy into heat, typically used as a retarder to supplement or replace the regenerative braking. Burst Pressure: The highest pressure reached in a container during a burst test. Capacity (fuel container): The water volume of a container in gallons (liters). Cells: Individual components (i.e., battery or capacitor cells). Class 1 Failure (physical safety): A failure that could lead directly to passenger, bus operator or other injury and/or results in a crash. Class 2 Failure (road call): A failure resulting in an interruption of service. Passengers are removed from the bus at the point of failure; the bus is unable to continue in revenue service. Service is discontinued until the bus is replaced or repaired at the point of failure.

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Class 3 Failure (Bus Change): A failure that requires removal of the bus from service during its assignments. The bus is operable to a rendezvous point but cannot be used in passenger service until repairs are made. Class 4 Failure (Bad Order): A failure not related to safety that degrades the operation of the bus but does not require the bus’s removal from service. Combination Gas Relief Device: A relief device that is activated by a combination of high pressures or high temperatures, acting either independently or together. Composite Container for CNG: A container fabricated of two or more materials that interact to facilitate the container design criteria. Compressed Natural Gas (CNG): Mixtures of hydrocarbon gases and vapors consisting principally of methane in gaseous form that has been compressed for use as a vehicular fuel. Container: A pressure vessel, cylinder, or cylinders permanently manifolded together used to store CNG. Container Appurtenances: Devices connected to container openings for safety, control or operating purposes. Container Valve: A valve connected directly to a container outlet. Contractor: The manufacturer of the bus. Curb Weight: Weight of vehicle, including maximum fuel, oil and coolant; and all equipment required for operation and required by this Specification, but without passengers or driver. dBA: Decibels with reference to 0.0002 microbar as measured on the “A” scale. DC to DC Converter: A module which converts a source of direct current (DC) from one voltage level to another. Defueling: The process of removing fuel from a tank.

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Defueling Port: Device which allows for vehicle defueling, or the point at which this occurs. DPF: Diesel particulate filter. Driver’s Eye Range: The 95th-percentile eyellipse defined in SAE Recommended Practice J941, except that the height of the eyellipse shall be determined from the seat at its reference height. Fireproof: Materials that shall not burn or melt at temperatures less than 2,000°F. Fire Resistant: Materials that have a flame spread index less than 150 as measured in a radiant panel flame test per ASTM-E 162-75. Free Floor Space: Interior floor area available to standees, excluding (i) areas occupied by steps, (ii) all area forward of the standee line, (iii) area under forward-facing passenger seats, including the area between adjacent seat rows usually occupied by feet of seated passengers, (iv) area directly in front of aisle-facing seats, extending 12 inches from each seat, and (v) area extending out 12 inches directly in front of the rear exit door and any area swept by an opening door or occupied by a fully open door. GAWR (Gross Axle Weight Rated): The maximum total weight as determined by the axle manufacturer, at which the axle can be safely and reliably operated for its intended purpose. Gross Load: 150 pounds for every passenger seating position, for the driver, and for each 1.5 square feet of free floor space. GVW (Gross Vehicle Weight): Curb weight plus gross load. GVWR (Gross Vehicle Weight Rated): The maximum total weight as determined by the vehicle manufacturer, at which the vehicle can be safely and reliably operated for its intended purpose.

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Head Injury Criteria (HIC): The head injury criteria is defined as

12

5.2

21

2

1

)(1 ttdtatt

t

t

Where - a is the resultant acceleration at the center of gravity of the head form expressed as a multiple of g the acceleration of gravity; - t1 and t2 are any two points in time during the impact.

High current carrying conductors: any conductor carrying a current of 5 ampere or more. Human Dimensions: human dimensions as defined in SAE Recommended Practice J883 High Voltage (HV): Greater than 50 volts (AC and DC). Hose: Flexible line. Low Voltage (LV): 50 volts or less (AC and DC). Maintainer “A” (NYCT): BODY MAN – (MaBSTOA): A general body repairman: replaces and/or repairs and refinishes body parts Maintainer “B” (NYCT): Chassis Maintainer – (MaBSTOA): A general bus mechanic, not a specialist. Limited advanced training. Reasonable diagnostic skills Maintainer “Helper”: Lubricates chassis. Maintains fluids, assists Maintainer “A” or “B”. Module: Assembly of individual components. NYCT Auxiliary Systems: Farebox, Radio, Bus Camera Security System (BCSS), Bus Customer Information Systems (BCIS). Pipe: Nonflexible line.

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Rear Door Interlock: A device that prevents injury to passengers by applying the brakes of the bus to prevent movement and by disabling the engine accelerator control. Seated Load: 150 pounds for every passenger seating position and for the driver. SLW (Seated Load Weight): Curb weight plus seated load. Standee Line: A line marked across the bus aisle in line with the driver’s barrier to designate the forward area that passengers may not occupy when the bus is moving. Structure: The structure shall be defined as the basic body, including floor deck material and installation, load bearing external panels, structural components, axle mounting provisions and suspension beams and attachment points. Wheelchair: A mobility aid belonging to any class of three- or four-wheeled devices, usable indoors, designed for and used by individuals with mobility impairments, whether operated manually or powered. A “common wheelchair” is such a device that does not exceed 30 inches in width and 48 inches in length measured 2 inches above the ground, and does not weigh more than 660 pounds when occupied.

1.5 ABBREVIATIONS AND ACRONYMS The following list of abbreviations is used in this specification. ADA — Americans with Disabilities Act (Federal) AFSS – Automatic Fire Suppression System ANSI — American National Standards Institute ASHRAE — American Society of Heating, Refrigeration, and Air Conditioning Engineers ASME — American Society of Mechanical Engineers ASTM — American Society for Testing and Materials AWS — American Welding Society BCIS – Bus Customer Information Systems BCSS – Bus Camera Security System CMVSA – Commercial Vehicle Safety Alliance DOB — Department of Buses, New York City Transit DOT – Department of Transportation

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DOBI – Door Operated Brake Interlock EPA – Environmental Protection Agency EWA – Engineered Wood Association FMCSR – Federal Motor Carrier Safety Regulations FMVSS — Federal Motor Vehicle Safety Standards FTA — Federal Transportation Administration IGES — Initial Graphic Exchange System IVS – Intelligent Vehicle System MaBSTOA –Manhattan and Bronx Surface Transit Operating Authority RDI – Rear Door Interlock MTA — Metropolitan Transportation Authority NYCT — New York City Transit PTSB —Public Transportation Safety Board of New York State SAE —Society of Automotive Engineers SPI —Society of the Plastics Industry UL —Underwriter’s Laboratory

1.6 REFERENCED PUBLICATIONS The documents or portions thereof referenced within this specification shall be considered part of the requirements of the specification. The edition indicated for each referenced document is the current edition, as of the date of the issuance of this specification.

1.7 LEGAL REQUIREMENTS The Contractor shall comply with all applicable Federal, New York State and local regulations. These shall include but not be limited to ADA, as well as state and local accessibility, safety and security requirements. Local regulations are defined as those below the state level. Buses shall meet all applicable FMVSS and shall accommodate all applicable FMCSR regulations in effect at location of NYCT and the date of manufacture. The manufacturer shall supply a copy of the FMVSS 121 test, with their proposal, that indicates the finished vehicle complies with FMVSS 121. In the event of any conflict between the requirements of these specifications and any applicable legal requirement, the legal requirement shall prevail. Technical requirements that exceed the legal requirements are not considered to conflict. The Contractor shall

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verify that the bus is compliant with ADA requirements via an independent third-party certification.

1.8 COMPONENT PROTECTION The engine and all major components shall be monitored for proper operation, and shall be provided with automatic shut-down features that will protect the components from damage in the event of conditions such as over-temperature, leakage, fire, etc. Shut-down features shall be tied to warning lights in the driver’s area, and to fault codes logged in the diagnostic system based on severity and risk. Engine protection codes shall include ‘low engine coolant’, ‘engine overheat’, and ‘low engine oil pressure. There shall be a minimum of two low coolant sensors, one for low coolant warning and one for low coolant critical. The components that must be protected this way include: engine, transmission, engine cooling system, exhaust system and A/C system.

1.9 TECHNICAL SUBMISSION The Technical Submission document in Appendix A shall be completed and submitted as part of the Technical Proposal and a finalized version shall be submitted to the Project Manager prior to the production of the first bus. The information in the Technical Submission shall be updated if any of the information changes, throughout the production schedule, and submitted to the Project Manager.

1.10 OEM REQUIREMENTS AND RECOMMENDATIONS

1.10.1 APPLICATION APPROVALS The bus will be an assembly of components and systems that are sourced from several different Original Equipment Manufacturers (OEM) or suppliers. The Contractor shall obtain and adhere to the requirements and recommendations of the OEM for the application, integration and mounting of the components that are installed. The Contractor shall obtain the OEM manufacturer’s approval for their installation. Only qualified technical/engineering personnel from the OEM manufacturer shall physically inspect their product as installed on the first production bus, and then provide technically detailed written approval for the installation referencing acceptance criteria, test data, photographs, drawings and procedures. A letter of approval from the vendor without back up documentation will, in general, not be sufficient to satisfy this requirement. Components and the installation thereof shall not cause or impact negatively the performance or durability of any other component or part of the bus. Application

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approvals shall be unconditional. All documented approvals are required for the following systems: engine, engine cooling, transmission, axle, suspension, HVAC, doors, passenger seats, air system, multiplex, batteries (including battery compartment), wheelchair ramp, kneeling, steering, brakes, fire suppression, wheelchair tie-downs/securements. All documented approvals and drawings shall be submitted to the Project Manager for review.

1.10.2 OEM FLUIDS When delivered the bus shall be in ready-to-use condition. Lubricants, fuel, coolant inhibitors, anti-freeze and any fluids used shall be an approved product listed in Appendix A and specified by the OEM manufacturer. Any fluid not on this list intended to be used on the bus requires a Maintenance Safety Data Sheet (MSDS) to be submitted for NYCT approval. These fluids shall also be compatible and mixable with the respective NYCT approved fluids used for the same application. Fluids shall meet the NYCT replacement intervals with the written concurrence of the system manufacturer without void of warranty. All component fluids, such as the axles/differential and engine, that have a specified manufacturer’s break in period less than the first NYCT scheduled maintenance shall be drained and refilled during the PDI before final acceptance. The drain and refill procedure shall specify the appropriate lubricant to refill the system and require that the sump drain plug to be cleaned of all collected debris during this service. If the component fluid is protected by a filter(s), they shall be replaced also. The bus shall be delivered with all fluids installed at the levels recommended by the OEM manufacturer and fully fueled, ready for passenger service.

1.11 TEST REQUIREMENTS This section defines and establishes the requirements for comprehensive testing of the bus and sub-systems to be developed and managed by the Contractor. NYCT will have the option of witnessing testing. The tests shall ensure proof-of-design and shall determine the compliance with the following areas:

Duty Cycle

Performance

Dimensional

Accessibility (ADA)

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Noise Control (Audible)

EMI

Contract Compliance

Reliability and Maintainability

The tests shall also ensure that production vehicles, including all components and sub-systems, will function as required in the NYCT environment. Design qualification, production conformance, and acceptance testing on all vehicle components and sub-systems are required and subject to review and approval by NYCT.

1.11.1 SUBMITTALS The following items shall be submitted to NYCT with the proposal:

Draft Test Program

Draft Test Procedures

Sample Test Reports

A production order with all of the major components listed along with

manufacturers, model numbers and specifications for each.

Life Expectancy for items listed in Appendix A

1.11.2 TEST PROGRAM

The Test Program shall include all tests required to verify compliance with these specifications. In general, all specified requirements shall be subject to verification by test. Tests, by definition, include visual observation, non-destructive examination, and equipment operation under extreme environmental conditions, accelerated-life operation, normal performance, observation of normal operation and maintenance, and results of induced failures / faults. The Test Program shall identify all tests by reference to the appropriate specification section. The Test Program shall cover all Contractor’s and their sub-supplier’s tests and location of tests to be completed prior to bus delivery and identify all testing to be conducted by the Contractor.

1.11.3 TEST FACILITIES The Contractor shall provide competent personnel in appropriate technical disciplines to ensure an uninterrupted test program. Where appropriate, tests shall be conducted under

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simulated operating conditions. The Contractor shall furnish special tools, test equipment, instrumentation, data processing, and spare parts required during the testing.

1.11.4 TEST PROCEDURES Contractor shall submit an overall test procedure for each design qualification and conformance tests and each acceptance tests for approval 30 days prior to the scheduled date of the test. The Contractor shall provide all equipment and instrumentation required to conduct tests. The test procedures shall contain at least the following:

Test objective

Success / failure criteria

Sequence of testing

Equipment and instrumentation required

Test setup, description and diagrams

Test methodology

Data evaluation procedure

Type of report or data to be submitted to NYCT with associated time frame after

completion of tests (Not to exceed 30 days).

1.11.5 TEST REPORTS

Within 30 days after completion of each test, a report shall be provided that summarizes results, analyses, and corrective actions, if necessary. Reports shall include photographs, charts, and additional data to support the test results. Reports shall include a statement that certifies conformance to specifications.

1.11.6 DESIGN AND SUB-SYSTEM QUALIFICATION TESTING The Contractor shall demonstrate that each sub-system supplied meets the requirements of these specifications. This conformance may be accomplished by means of acceptable previously conducted testing reports. If previous testing is found not to provide assurance for the NYC duty cycle, testing in accordance with Sections 1.11.6.1 and 1.11.6.2 shall be required.

1.11.6.1 Design and Sub-System Qualification Testing These tests shall be run on production equipment that has passed production acceptance testing. These tests shall stress the equipment under environmental conditions at least as

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severe as those expected in the NYCT environment. While stressed in this manner, it shall be demonstrated that the equipment performs its intended function without failure.

1.11.6.2 Sub-System Qualification Testing Major sub-systems shall be assembled separate from the vehicle or on a test vehicle and shall be tested to verify compliance with these specifications. Related sub-systems may be integrated and tested together to verify compliance of the individual sub-systems and to verify the design of the interface between them. These qualification tests shall be in accordance with industry standards or equivalent such as:

SAE USCAR (United States Council for Automotive Research) 21 – Performance

Specification for Cable to terminal Electrical Crimps

SAE J1455 – Joint SAE/TMC Recommended Environmental Practices For

Electronic Equipment Design (Heavy-Duty Trucks)

Thermal Shock and Vibration Testing (Applicable SAE standards)

1.11.7 FIRST ARTICLE INSPECTIONS

The intention is to have performed and witnessed, those tests conducted by the sub-system manufacturer that would constitute an FAI. Essentially, a form, fit and limited functionality check would be made of the assembly against detailed technical drawings. The Contractor and subsystem supplier shall provide a complete assembly for these inspections. Additionally, the subsystem supplier to ensure acceptable performance prior to shipment to the bus manufacturer will perform acceptance testing of all production units. At a minimum the following sub-systems of the bus shall be subjected to First Article Inspections:

HVAC Systems

Door Systems

Passenger Seats

Engine Cooling

Wheelchair ramp

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1.11.8 BUS QUALIFICATION TESTS The Bus Builder is required to prove the quality of the bus through a qualification test program in compliance with material testing, environmental testing and subsystem testing outlined in this specification, the requirements of Section 1.13 - Evaluation in Service in its entirety and Appendix A-9. To prove structural integrity and durability a representative bus shall be subject to the full STURAA/Altoona test and a structural validation test via a shaker table equivalent to 500,000 miles in NYCT service. Specific requirements for structural safety and structural components are specified in Section 2.0.

1.11.9 ELECTROMAGNETIC COMPATIBILITY The performance of the bus shall not be degraded by electromagnetic interference from internal and external sources. The Contractor shall work with NYCT and its suppliers to resolve any EMC problems, as they relate to the bus and its operation, uncovered during the execution of this Contract. The Contractor shall develop the test methods for component and subsystem testing that will be adopted by each sub contractor. Test methods and test procedures shall verify that each component and subsystem’s conducted, inductive and radiated emissions are within acceptable limits and that each subsystem is not susceptible to the bus environment. Equipment must be validated to comply with SAE J1113, ISO 11452 and ISO 7637 at a minimum. Contractor may alternatively submit for each component the reports based on previous tests performed by each sub-supplier. To demonstrate that the vehicle will satisfactorily operate in the intended environment without risks of interference with other vehicles and existing equipment a road test drive in a specific city route will be required. The route will be specified by NYCT and will include areas near airports, waterway terminals, radio and television stations, and streets under metro and railway elevated structures. NYCT will select the route depending on where the bus will normally operate and the depot where it will be delivered. The Contractor will be required to provide during the test the necessary diagnostic equipment to verify that no faults will occur on the drive train system, air climate control, multiplexer, door controller and the brake controller at a minimum. The Contractor will be required to provide a magnetic field meter to measure field levels inside the bus during the passage through areas with potentially high fields.

1.11.10 NOISE The Contractor shall perform a qualification test following the guidelines specified in Appendix A-9 to verify that the noise levels are compliant with the requirements outlined

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in this section. The test procedure and test report shall be submitted to NYCT for review to verify that the requirements are met. Instrumentation and other general requirements shall conform to SAE Standard J366.

1.11.10.1 Interior Noise The combination of inner and outer panels and any material used between them shall provide sufficient sound insulation so that a sound source with a level of 80 dBA measured at the outside skin of the bus shall have a sound level of 65 dBA or less at any point inside the bus. These conditions shall prevail with all openings, including doors and windows, closed and with the engine and accessories switched off. The bus-generated noise level experienced by a passenger at any seat location in the bus shall not exceed 80 dBA. The driver area shall not experience a noise level of more than 75 dBA under the following test conditions.

The bus shall be empty except for test personnel, not to exceed 4 persons, and the

test equipment.

All openings shall be closed and all accessories shall be operating at the highest

level during the test.

The bus shall accelerate at full throttle from a standstill to 35 mph on level

commercial asphalt or concrete pavement in an area free of large reflecting

surfaces within 50 feet of the bus path. The bus shall also be operated at various

speeds to check for audible vibrations.

During the test, the ambient noise level in the test area shall be at least 10 dBA

lower than the bus under test.

If the noise contains a sustained audible discrete frequency, a penalty of 5 dBA

shall be added to the sound level measured.

1.11.10.2 Exterior Noise

Noise generated by the bus and measured from either side shall not exceed 80 dBA under full power acceleration when operated at speeds up to 35 mph and at curb weight. The maximum noise level generated by the bus pulling away from a stop at full power shall not exceed 83 dBA. The bus generated noise at curb idle shall not exceed 65dBA. The curb idle test shall be conducted with the rear bumper even with the microphone. The

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pull away test shall begin with the front bumper even with the microphone. If the noise contains an audible discrete frequency, a penalty of 5 dBA shall be added to the sound level measured. The contractor shall comply with the exterior noise requirements defined in local laws and ordinances identified by the procuring agency and SAE J366. All noise readings shall be taken 50 feet from the centerline of the bus with all accessories operating.

1.11.10.3 Resonance All structure, body, and panel-bending mode frequencies, including vertical, lateral, and torsional modes, shall be sufficiently removed from all primary excitation frequencies to minimize audible, visible, or sensible resonant vibrations during service.

1.11.10.4 Transient Noise The bus builder shall make engineering efforts to minimize all transient noises generated by the bus and/or by accessories. Accessories include (but are not limited to) kneeling valve, kneeling alarm, air dryer purge system, HVAC unit, and brake application and release, etc. The kneeling alarm shall be heard by boarding passengers and shall sound during the kneeling process. Reference Appendix A – Section 9 for transient noise measurement locations, bus operating modes for transient noise measurements, and noise level requirements.

1.11.11 FAILURE MODE AND EFFECTS ANALYSIS (FMEA) The Contractor shall conduct a complete Failure Mode and Effects Analysis (FMEA) on all safety related systems of the bus. The analysis shall conform to generally accepted industry standards (SAE J1739, DOT-FTA-MA-26-5005-00-01/DOT-VNTSC-FTA-00-01, or equivalent) and be the product of a person or persons with demonstrated expertise in FMEA analysis. At a minimum these systems would include:

Braking and all air related components

Steering system

Passenger door operation

Electrical

Fire suppression

ADA components (ramp, tie-downs, etc.)

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The Contractor shall notify NYCT at the Pre-Production meeting of the schedule and details of these reports. Complete reports shall be provided to NYCT.

1.12 CONFIGURATION AUDIT The first completed bus will be subjected to a full configuration audit by NYCT to assure compliance with these specifications.

1.13 EVALUATION IN SERVICE Upon acceptance of a pilot bus into revenue service, an evaluation will be conducted in accordance with this section and Article 6 of the Terms and Conditions. Upon conclusion of this evaluation, a review will be conducted with NYCT and the Contractor to decide on necessary corrective actions. NYCT and the Contractor will agree on any modification needed to meet the requirements of the contract; the Contractor agrees that such modifications will be done both retroactively to the first bus delivered and on all units to be delivered per the schedule and will be at no cost to NYCT.

1.13.1 FUEL ECONOMY EVALUATION A sample of buses will be evaluated from the contract during early in-service operation. All buses will be evaluated concurrently, but may or may not be at the same location. Evaluation will be based on NYCT fueling and mileage data taken from the SPEAR system, with obvious errors removed. The goal of this evaluation is to confirm that the bus is configured to attain the fuel economy expected based on the results from evaluation fleet and the supplied configuration. Significant discrepancies are to be investigated and addressed to confirm proper configuration and set up of all systems to maximize fuel economy.

1.13.2 RELIABILITY EVALUATION Pilot bus reliability evaluation shall consist of running the buses in passenger service and evaluating defects. There shall be no routine maintenance required in less than the 3,000 mile standard inspection interval, with the exception of return air filters during air conditioning season.

1.13.2.1 Service Evaluation Defects The following defects will be noted during the warranty period and shall be reviewed between the contractor and NYCT on a regular basis:

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1.13.2.2 Mechanical Defects Mechanical defects include material, process or design failures of any component of the bus.

1.13.2.3 Electrical Defects Electrical defects include material, process or design failures of any electrical or electronically operated component of the bus. Intermittent failures of wiring circuits or errors in software are failures.

1.13.2.4 Defects Beyond The Manufacturer’s Ability To Control Failures that are beyond the manufacturers ability to control (i.e., flat tires or accidents that are not the result of mechanical failure) will not be used to evaluate the bus’s performance.

1.13.2.5 Excessive Maintenance During the one year warranty period, regardless of mileage accumulated during the period, any requirement for excessive maintenance shall be noted, to be addressed by the contractor. Excessive maintenance is any maintenance beyond the maintenance now performed at the 3,000-mile interval inspections, by NYCT.

1.13.2.6 Defects Noted On Maintenance Inspections (Non-Road) Failures noted as a result of maintenance inspections shall be categorized to the proper class of failures and reported as appropriate (i.e.: mechanical, electrical, or structural defect).

1.13.2.7 Notice Of Defect In the event that a failure occurs, NYCT’s Project Manager will notify the manufacturer. Notification may be verbal, or in writing by letter or e-mail.

1.14 QUALITY ASSURANCE NYCT representatives may make frequent and/or continuous inspection of the vehicles being produced to ensure contractor performance. All parts of the production process shall be available for inspection. Quality audits of any subcontractor shall be conducted in conjunction with the Contractor.

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1.15 DRAWINGS

Coinciding with the completion of the first pilot bus(es), the Contractor shall supply to NYCT a hard copy set of the production shop floor drawings of the bus. These drawings will be used to conduct the Configuration Audit. Prior to production the manufacturer shall furnish complete electrical schematics for the bus. Reproducible wiring schematics in hard copy as well as in PDF format shall be provided with quantities as specified in the Contract Terms and Conditions. Final drawings representing any changes made during the production cycle shall be provided in PDF or DXF format 120 days after the delivery date of the final production bus. Drawings shall minimally include the:

Entire structure of the bus

Interior body with dimensions

Exterior body with dimensions

Floor

Glazing and frames

Engine and Transmission mounts

Fuel tanks and supporting structure

Passenger assists layout

Seat placement and dimensions

Passenger door and window dimensions

Wiring schematics and drawings

Wiring harnesses and cables drawings

Plumbing schematics (pneumatic/hydraulic) and drawings

Suspension

Any specialized bracketry or mounts

Battery tray

Paint Scheme

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Interior decal placement

Exterior decal placement

Destination Signs drawings and schematics

Frame Drainage Plan

FSS installation and routing

ADA device installation

Drawings shall be in a format easily readable (e.g.: PDF). If the drawing format requires special software to read, the contractor shall supply the software at no cost to NYCT.

1.16 PHYSICAL CAPACITIES, SIZE AND DIMENSIONS With the exception of exterior mirrors, marker, and signal lights, flexible portions of the bumpers, radio antenna, roof mounted escape hatches, and fender skirts, the bus shall have the following overall dimensions. Roof mounted ventilators/ escape hatches shall not be more than six inches higher than roofline in the closed position. ITEM DIMENSION Length Over Body: Not including Bumpers 40 feet, 8 inches (+0, -4 inch) Width: 102 inches (+0, -1 inch) Height: 135 inches maximum. Head Room Over Aisle 76.2 inches minimum Front floor height (street level) 14.0 to 15.5 inches Front door opening between hardware and round assists

33.3 inches minimum

Rear door opening, between hardware and assists 30 inches minimum Passenger seating capacity manufacturer shall provide proposed seating arrangements to NYCT for approval.

2x1 configuration forward of the exit doors, 2 W/C tiedown positions.

Seat Width (Two Positions) 35 inches forward facing; 34 inches aisle facing

1.16.1 UNDERBODY CLEARANCE The bus shall maintain the minimum clearance dimensions as shown in Figure II-1 (Appendix A) and defined in SAE Standard J689 regardless of load up to the gross vehicle weight rating.

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1.16.2 RAMP CLEARANCES The approach angle is the angle measured between a line tangent to the front tire static loaded radius arc and the initial point of structural interference forward of the front tire to the ground. The breakover angle is the angle measured between two lines tangent to the front and rear tire static loaded radius and intersecting at a point on the underside of the vehicle that defines the largest ramp over which the vehicle can roll. The departure angle is the angle measured between a line tangent to the rear tire static loaded radius arc and the initial point of structural interference rearward of the rear tire to the ground.

Approach angle shall not be less than 8.6 degrees.

Breakover angle shall not be less than 8 degrees.

Departure angle shall not be less than 8.6 degrees.

The manufacturer shall provide a presentation of a digital model of the bus showing that the bus as designed meets the Approach, Breakover and Departure angles as called out above. The dimensions are to be validated on the pilot bus.

1.16.3 GROUND CLEARANCE Ground clearance shall be no less than 9 inches. (8 inches. at the jacking pad) except within the axle zone and wheel area.

1.16.4 AXLE CLEARANCE Axle zone clearance, which is the projected area between tires and wheels on the same axial centerline, shall be no less than 5.4 inches.

1.16.5 WHEEL AREA CLEARANCE Wheel area clearance shall be no less than 8.0 inches for parts fixed to the bus body with the exception of the front jacking pads, and 6.0 inches for parts that move vertically with the axles with the exception of the front radius rod.

1.16.6 WEIGHT The Contractor shall submit a certified weight slip for the curb weight of each axle and a certified weight slip for the total curb weight of each bus upon delivery.

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1.16.7 CARRYING CAPACITY The GVW rating of the bus and tires shall allow a minimum of full seated and standee loads and 1 driver.

1.17 SERVICE LIFE AND MAINTENANCE The bus shall be designed to operate in NYCT revenue service for a minimum of 12 years or 500,000 miles.

1.17.1 MAINTENANCE (SERVICE) AND INSPECTION The Contractor shall supply a breakdown of the bus’ daily and scheduled maintenance and inspection requirements. Maintenance tasks shall be provided via the Bus Builder and the vendor’s service manuals; inspection tasks shall be provided in a format similar to the one shown in Appendix A. The inspection sheet will be used for the Post Delivery Inspection (PDI) acceptance of the buses. Scheduled maintenance or inspection tasks as specified by the Contractor shall require a skill level of Bus Maintainer “B” with the exception of lubrication (shall be performed by Helper maintainers). Scheduled maintenance tasks shall be related and shall be grouped in maximum mileage intervals. Routine scheduled maintenance actions, such as filter replacement and adjustments on all bus components shall not be required at intervals that are less than every other Scheduled Operation miles, except for routine daily service performed during fueling operations (checking and adjusting fuel, engine oil and coolant levels). Higher levels of scheduled maintenance tasks shall occur at even multiples of time or mileage for lower level tasks.

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1.17.2 MEAN MILEAGE BETWEEN FAILURES

The following are design minimum goals for mean mileage between failures by failure class.

Class 1: Physical Safety Mean distance greater than 1,000,000 miles

Class 2: Road Call Mean distance greater than 10,000 miles.

Stalling

Interlock, F/R doors

Won’t Start

HEV/CEL Light

Diagnostic Light

Electrical Problem

No Power

Won’t Move

Low Air

Suspension

Mean distance greater than 50,000 miles

HVAC

Electrical System (charging system, energy storage, wiring, multiplex components, terminals, switches, relays, controls)

Steering and Brakes (safety sensitive systems)

Pneumatic System (all air related components and systems)

Passenger and Operator environment and Interfaces (signs, seats, panels, windows, etc.)

Mean distance greater than 50,000 miles

ADA Components (W/C accommodations, ramp and kneeling

Mean distance greater than 75,000 miles

1.17.3 MAINTAINABILITY – MEAN TIME TO REPAIR

Repair time and skill levels required for all repairs to bus components shall be stated by the Contractor as part of his proposal package. These shall be included in a Standard Repair Time Manual (SRT manual).

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At a minimum this manual shall include the tasks and subtasks with times for component replacement and maintenance tasks, with a flat rate manual. It should also be noted that time frames shall be consistent with those listed in Appendix A. NYCT will require the manufacturer to demonstrate (utilizing their facilities) the actual time requirements for jobs to validate standard repair time and utilizing standard safety rules.

1.17.4 ACCESSIBILITY FOR MAINTENANCE All systems or components serviced as part of periodic maintenance or whose failure may result in Class 1 or Class 2 failures shall be readily accessible for service and inspection. To the extent practicable, removal or physical movement of components unrelated to the specific maintenance and/or repair tasks involved shall be unnecessary. Relative accessibility of components, measured in time required to gain access, shall be inversely proportional to frequency of maintenance and repair of the components. Items that require frequent service, for example filters shall be readily accessible while other items, requiring less frequent maintenance may be less accessible.

1.17.5 INTERCHANGEABILITY Components with identical functions shall be interchangeable. These components shall include, but not be limited to passenger window hardware, interior trim, lamps, lamp lenses, and seat assemblies. Components with non-identical functions shall not be, nor appear interchangeable.

1.17.6 COMPATIBILITY All components, sub components, systems, sub-systems, assemblies and discrete parts shall be operational and compatible with each other, any required commodity items (fluids, etc.) and with the environment that they are expected to operate in.

1.17.7 OPERATING ENVIRONMENT MTA NYCT buses are operated within the five counties of New York City, Nassau County, parts of New Jersey and Westchester County under the following conditions prevalent in the area:

In service 20-22 hours a day, seven days a week, every day of the year.

At any load from curb weight up to full seated and standing load.

Average route speeds of 4 mph up to 12 mph. Top speed may be as much as 55

mph (operating speed is governed to 45mph) depending on traffic conditions.

Frequent start and stop cycles. Brake applications can average over 11 stops per

mile.

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Ambient air temperatures from 0° F to 105° F

Relative humidity between 5% and 100% at mean sea level.

All weather conditions including heavy rain, snow and ice.

Rough road surfaces: Pot holes, construction plates, cobblestones, etc.

Steep inclines (up to 14% grade)

High usage of wheelchair access devices with supporting equipment

Speed, gradability and acceleration performance requirements shall be met at, or corrected to, 77°F, 29.31 inches of Hg, dry air per SAE J1995 with all accessories on, including the air conditioning system.

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2.0 CONSTRUCTION REQUIREMENTS The bus shall have a clean, smooth, simple design, primarily derived from bus performance requirements and passenger service criteria established by these Technical Specifications. The exterior and body features, including grilles and louvers, shall be shaped to allow complete and easy cleaning by automatic bus washers without snagging washer brushes. Water and dirt shall not be retained in or on any body feature to freeze or bleed out onto the bus after leaving the washer. Body, windows and doors shall be sealed to prevent leaking of air, dust, or water under normal operating conditions and during cleaning in automatic bus washers for the service life of the bus. Spray and splash shall be deflected away from all glazing. All torqued fasteners shall be torqued in accordance with written instructions and torque striped accordingly. The use of double-sided tape is not permitted anywhere in any application of the bus construction. There shall be no rubbing or chafing of any lines. This requirement covers all areas of the bus and shall be verified by the Contractor. Any T-key locks shall be provided with a permanent easily viewable marker to indicate that the lock is latched or unlatched. Body parts shall be interchangeable from bus to bus on like models without the need for rework, customizing or fabrication to fit. Wires and fluid lines shall be supported by tabs and supports that are mechanically fastened to the structure of the bus; adhesive tabs are not allowed. All air vents and louvers shall be industrial grade and mechanically fastened to the bus. Louvers accessible to passengers shall not be adjustable. Under conditions of transit service within the New York Metropolitan area and throughout the twelve year service life of the bus, the structure shall be designed and constructed to withstand stress, fatigue or corrosion induced damage without the need for undercoating, or if undercoating is applied, it shall not require any routine maintenance for the useful life of the bus. Reapplication for areas where undercoating has been damaged by road debris is acceptable. The inner surfaces of all non-stainless tubes used in construction of

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the bus frame shall be treated with a rust inhibitor. All beams / tubes that make up the structure of the bus are to have capped ends. Joints formed between dissimilar metals shall be appropriately coated to prevent galvanic corrosion. The sidewall structure shall be capable of supporting cantilevered seats at their rated capacity and wheelchair related securements without structural deformation.

2.1 STRUCTURAL SAFETY The 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 6-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, automobile at any point, excluding doorways and a bellows area where supplied, along either side of the bus with no more than 3-inches of permanent structural deformation at seated passenger hip height. This impact shall not result in sharp edges or protrusions in the bus interior. Exterior panels below 35 inches from ground level shall withstand a static load of 2,000 pounds applied perpendicular to the bus by a pad no larger than 5 inches square. This load shall not result in deformation that prevents installation of new exterior panels to restore the original appearance of the bus.

2.1.1 STRUCTURAL REQUIREMENTS FOR POWER PLANT COMPONENTS The bus shall accept the installation of a heavy duty diesel fueled engine (compliant to the requirements of these Technical Specifications) without structural modifications.

2.1.1.1 Structural Support for Fuel Containers (CNG Only) The vehicle manufacturer shall provide documentation in the form of a finite element analysis (FEA) or other accepted format, with the proposal that indicates that the bus’s structure will support the weight of the fuel containers for the design life (12 Years) of the vehicle, when operated on the NYCT duty cycle, in the New York Metropolitan Area. The durability of the bus structure shall be validated through the structural testing required.

2.1.2 TORQUE MARKING All torqued components are to be torque marked with an easily visible color. A document detailing the locations and torque values that have been applied during construction shall be provided at the configuration audit. The document shall be used by NYCT inspectors as a reference during production. All torque wrenches used in production shall be calibrated and checked regularly. Components to be torque marked at minimum shall include:

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Seats to wall

Seats to track

Radius rod bolts

Steering components

Shocks

Engine/ transmission cradle bolts

Lugnuts

Front and rear door hinges/ rods/ components

Axle bolts/ Walking beams

Brake system components

12/24 volt cables and fuse/circuit breaker blocks

Constant torque hose clamps

2.2 FIRE PROTECTION All materials used in the construction of the passenger area of the bus shall be in accordance with the Recommended Fire Safety Practices defined in FMVSS 302. Materials entirely enclosed from the passenger compartment, such as insulation within the sidewalls and sub-floor, need not comply. A barrier(s) shall separate the passenger and engine compartments, which shall, by incorporation of fireproof materials in its construction, be a firewall. This firewall shall prevent flame propagation into the passenger compartment. Only necessary openings shall be allowed in the firewall, and these shall be fire resistant without the use of putty type materials. Any passageways for the climate control system air shall be separated from the engine compartment by fire resistant material. Piping through the bulkhead shall have copper, brass, or fire resistant fittings, sealed at the firewall with copper or steel piping on the forward side. Wiring shall pass through the bulkhead only if connectors or other means are provided to prevent or retard fire propagation through the firewall. The conduit and bulkhead connectors shall be sealed with fire resistant material at the firewall. Engine access panels in the firewall shall be fabricated of fire resistant material and secured with fire resistant (no nylon bolts) fasteners. These panels, their fasteners, and the firewall shall be constructed and reinforced to minimize warping of the panels during a fire.

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2.3 EMERGENCY EGRESS AND VENTILATION

The bus shall be designed to accommodate the installation of a roof ventilator, in compliance with FMVSS 217. A glass roof ventilator may be proposed for review by the Project Manager. The ventilator shall be easily opened and closed manually by one person. When open, ventilator shall provide fresh air inside the bus. The ventilator shall cover an opening area no less than 425 inches2 and be capable of being positioned as a scoop with either the leading or trailing edge open no less than 3.15 inches, or with all four edges raised simultaneously to a height no less than 3.15 inches. An escape hatch shall be incorporated into the roof ventilator. To open the escape hatch two distinct actions should be required. When opened the escape hatch shall not become detached from the bus. The escape hatch shall be attached to the bus by two safety cables.

2.3.1 EMERGENCY DOOR RELEASE In the event of an emergency, it shall be possible to open the doors manually from inside the bus using a force of no more than 25 pounds after actuating an unlocking device at each door. The unlocking device shall be clearly marked as an emergency device and shall require two distinct actions for actuation to occur. The door emergency unlocking device shall be accessible from the door areas. The emergency unlocking device shall be protected by a clear breakaway plastic, with a decal indicating “For Emergency Use”. Activation of this emergency device shall cause the concurrent application of the brake and speed control interlocks to stop the bus and enable the opening of the doors.

2.3.2 EMERGENCY EGRESS WINDOWS Passenger area windows shall permit exiting of the bus in the event of an emergency in compliance with, at a minimum, the requirements of FMVSS 217. The area adjacent to the release mechanism shall be clearly and permanently marked with the function and instructions in the use of the emergency exit. Emergency egress windows on the lower deck (low floor bus forward of the rear exit door) shall be provided with egress handles located at the rear of the windows behind forward facing passengers to discourage accidental activation. There shall be no emergency egress windows on the upper deck (low floor bus aft of the rear exit door).

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In addition the Driver’s Side Window shall be an emergency egress window with the egress handle located at the front of the window. It shall not be obstructed from opening by the mirror.

2.4 MATERIALS Body materials shall be selected and the body fabricated to reduce maintenance, extend durability, and provide consistency of appearance throughout the life of the bus. Detailing shall be kept simple; add-on devices and trim shall be minimized and, where necessary, integrated into the basic design. Body and structural components shall resist corrosion from atmospheric conditions and road salts. The understructure and exterior shall maintain structural integrity and nearly maintain original appearance throughout its service life, when operated in the New York City environment. Materials exposed to the elements and all joints and connections of dissimilar metals shall be corrosion-resistant and shall be protected from galvanic corrosion. Representative samples (results shall be supplied with proposal) shall withstand a 2-week salt spray test in accordance with ASTM Procedure B-117 with no visual or structural detrimental effects to normally visible surfaces, no significant structural degradation, or weight loss in excess of 1%.

2.4.1 UNDERCOATING MATERIALS Undercoating shall be with a material which when applied at manufacturer’s recommended dry film thickness, shall meet ASTM B-117 salt spray test for a minimum of 2,000 hours and SAE J2334 Laboratory Cyclic Corrosion Test. Finished undercoating shall require no maintenance throughout the useful life of the bus. Undercoating shall be applied per manufacturer’s specifications to the entire structure of the bus, inside and out.

2.4.2 INSULATING MATERIAL PROPERTIES Any insulation material used in the bus shall be FMVSS 302 Fire-Resistant (with the exception of materials entirely enclosed from the passenger compartment, such as insulation within the sidewalls and sub-floor) and sealed (closed cell) to prevent the entry of moisture. Insulation shall not compact or settle throughout the life of the bus. The insulation material shall be non-hygroscopic, resist the growth of fungus and not support vermin. Insulating material used within the engine compartment shall not absorb or retain oil or water. Insulating material shall not release noxious or poisonous fumes under any condition. The contractor shall provide a list of all insulating materials used throughout the bus and documentation that the requirements are met.

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2.4.3 INSULATING MATERIAL PERFORMANCE The combination of inner and outer panels on the sides, roof, and ends of the bus, and any insulating material used between these panels shall provide:

Adequate thermal insulation to meet the requirements of Section 14.0 – Heating,

Ventilating and Air Conditioning. Application of insulating materials must be

maximized to the extent possible.

Sufficient sound insulation to meet requirements outlined in Section 1.11.10 -

Noise.

The bus shall be sealed so that the operator or passengers cannot feel drafts during normal operation with the passenger doors closed.

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2.5 STRUCTURAL STRENGTH AND DISTORTION

2.5.1 DISTORTION At GVWR, operation of doors, windows, or other mechanical elements of the bus shall not be impaired by deformation or deflection. Conditions include the vehicle at rest with any single wheel or dual set of wheels on a 6-inch curb or in a 6-inch deep hole.

2.5.2 JACKING It shall be possible to safely jack up the bus, at curb weight, using a common 10-inch-high hydraulic hand jack or a 10-ton floor jack and a wheel adapter when a tire or dual set is completely flat and driven onto a 6-inch high run-up block, while the remaining bus wheels are on a level, hard surface, without crawling under any portion of the bus. Jacking from a single point shall permit raising the bus sufficiently high to remove and reinstall any wheel and tire assembly. The bus shall be fitted with jacking pads for each tire/wheel location and shall permit easy and safe jacking with the flat tire or dual set on a 6-inch-high run-up block not wider than a single tire. A Bus Maintainer “B” shall complete jacking and changing any one tire in less than 30 minutes from the time the bus is approached. The bus shall withstand such jacking at any one or any combination of wheel locations without permanent deformation or damage.

2.5.3 LIFT ADAPTERS AND SAFETY STANDS The bus axles or jacking plates shall accommodate the lifting pads of a post hoisting system. Safety stand plates shall be 5-1/2 inches square inside dimension with a turned-down flange not less than ½ inch deep on each side unless the plate location interferes with other structural components of the bus; the safety stand plates shall be designed to prevent the bus from falling off the stand. The rear post cups shall be designed to support expected loads without deformation. Other pads on the bus structure shall support the bus on jack (safety) stands independent of the hoist. Provisions shall be available to lift the bus with:

In-the-ground 2-post hydraulic lifts

Wheel lifts (HY-Wema/ Stertil-Koni/ Sefac type)

Ramp lifts (Omer)

2.5.4 TOWING

Towing devices (either eyes, hooks, or receptacle for commercially available adapters) shall be provided on each end of the bus. The use of tow blocks is prohibited. The Contractor shall provide a written procedure for flat towing and lift towing the bus, which

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shall include provisions for towing from the rear in the event of an emergency. At the beginning of the pilot bus testing period the manufacturer of the bus shall demonstrate and validate the towing procedures using NYCT’s equipment. The written towing procedure when followed shall not damage the bus in any manner.

2.5.4.1 Front and Rear Towing The front flat towing device when used with a load-equalizing sling shall withstand, without permanent deformation, tension loads up to 1.2 times the curb weight of the bus not less than 20 degrees of the longitudinal axis of the bus. These devices are not intended for lifting the bus. The front lift towing device shall allow attachment of a rigid tow bar and shall permit safe lifting of the bus, at curb weight, by the towing devices and the tow bar until the wheels are clear of the ground. The method of attaching the tow bar shall be done in consultation with NYCT. The front towing devices shall accommodate a crane hook with a 1-inch throat. The rear towing device(s) shall not provide a toehold for unauthorized riders. The rear structure of the bus shall be fitted with lift tow locations.

2.5.4.2 Tow Adapters The bus shall be designed to accommodate front lift and rear flat towing, and in the case of emergency, rear lift towing for short distances by means of NYCT’s single and tandem axle wreckers. If any non-standard custom adapters are required to lift and tow the bus from the front or the rear, the Contractor shall provide the number of sets of adapters as specified in Article 19A- Schedule of Deliverables of the Contract Terms and Conditions. The first adapter shall be delivered to NYCT at least one month before delivery of the first bus. The balance of adapters shall be delivered to NYCT at least one month prior to delivery of the first production bus. Non-standard custom adapters shall conform to the following criteria:

No single piece of the adapter may weigh more than sixty pounds

Contractor shall demonstrate the use of the adapter a with NYCT tow vehicle

The Contractor shall demonstrate that the adapter can be assembled and installed

on the NYCT wrecker by one person and that the disabled bus can be hooked,

lifted and towed by one person.

The Contractor must approve the use of the adapter to lift and tow disabled buses.

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The wrecker, bus, and adapter combination shall conform to the Towing Industry

Association guidelines, in particular with regards to axle loads.

The Contractor shall provide a detailed report that the adapter and the relevant

areas of the bus structure have been reviewed and approved by a licensed

engineer. The review shall include all loading calculations.

The Contractor shall provide a detailed written procedure for towing and lifting the

bus and the use/assembly of the adapter.

2.5.4.3 Air Line (Towing)

The bus shall be fitted with an airline and male quick connector that will be used to fill the air supply tank of the bus. This line shall be fitted with a check valve to prevent the loss of air when not in use. The quick connector shall be located behind the front license plate or other compartment at the front of the bus. Alternatively, the quick connectors shall be located below the front bumper. A second air line and male quick connector fitting shall be supplied at the front of the bus to enable the towed vehicle to apply brake when the towing vehicle applies its brakes. Both male quick connectors shall be compatible with Parker Hannifin P/N L2C.

2.6 BODY

2.6.1 STRUCTURAL BODY COMPONENTS Exposed fasteners shall be stainless steel or plated to prevent corrosion. Engine cradle and suspension air beam assemblies shall be considered structural components. Material used for structural members must be readily repairable without requiring any pre-heat or post heat treatment.

2.6.2 EXTERIOR ACCESS AND SERVICE DOORS All exterior doors shall be hinged on the top or forward edges and shall open sufficiently to grant unencumbered access to interior components. All external access and service doors shall be easily operable by one person and have hinges that are mechanically fastened to the bus and the access or service door with appropriate hardware (i.e.: rivets, bolts, etc.) Springs and hinges shall be corrosion resistant and shall last for the bus’ service life.

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Gas props shall be used to support large doors. They shall be fastened with elastic stop nuts. All access doors shall be equipped with safety locking props that hold the door open and require a positive action to release for closure. Exterior doors shall use a standard 5/16-inch T-key ¼-inch turn lock for lockable doors, which shall have a slam latch which auto latches when closed. Lockable hinged doors shall close flush with the surface.

2.6.3 PASSENGER DOORS (GENERAL) Two doors (one exit, one entrance) shall be provided on the curbside. The front door shall be forward of the front wheels and permit the bus operator to collect and monitor the collection of fares. Specific requirements for door construction and the operation thereof are located in Sections 2.9, 5.5, 5.6, 8.0 and elsewhere in this specification.

2.6.4 FENDER SKIRTS Features to minimize water spray from the bus in wet conditions shall be included in wheel housing design. Fender skirts shall be unbreakable and easily replaceable. They shall be flexible if they extend beyond the allowable body width. Wheels and tires shall be removable without disturbing the fender skirts. Rippling or buckling of skirts is not permitted.

2.6.5 SPLASH APRONS Splash aprons, made of ¼-inch thick (minimum) composition or rubberized fabric, shall be installed behind each wheel and extend downward to 4 inches of the road surface. Apron widths shall be no less than tire widths, except for the front apron, which shall extend across the width of the bus. Splash aprons shall be bolted to the bus structure. Splash aprons and their attachments shall be inherently weaker than the structure to which they are attached. Splash aprons and their attachments shall not be included in the road clearance measurements. Other splash aprons shall be installed where necessary to protect equipment.

2.6.6 EXTERIOR FINISH AND COLOR All exterior surfaces shall be smooth and free of wrinkles, and dents. Contractor shall provide color rendering of proposed color scheme depicting Contractor’s bus and NYCT color requirements for NYCT review. For all exterior painted surfaces the manufacturer shall perform the paint adhesion test outlined in NYCT Specification #S-71-5-04 (see Appendix A). Adhesion testing shall be performed on sample of bus panels. Fiberglass gelcoat surfaces do not require paint

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adhesion test. Blue striping shall be painted. See Appendix A for the approved manufacturer’s paints and the accepted colors codes.

2.6.7 MANUFACTURERS IDENTIFICATION – LOGOS & MONOGRAMS The Contractor shall not apply monograms, insignia, names, logos, to the outside of the bus.

2.6.8 REPAIR AND REPLACEMENT Exterior panels below the lower daylight opening and within 35 inches above the ground level shall be divided into sections that are repairable or replaceable by a Bus maintainer “A” (BMA, Bus body mechanic) in less than 30 minutes for a section up to 5 feet long (excludes painting). As an alternative, body panels that are bonded in place above the lower skirt panel may be supplied. It is understood that they will not meet the above replacement time requirements The bus shall have lower skirt panels made of high impact-resistant and corrosion-resistant material and shall be easily and quickly replaceable.

2.6.9 WHEEL HOUSING CLEARANCE Sufficient clearance and air circulation shall be provided around the tires, wheels, and brakes to prevent overheating when the bus is operated in revenue service. Tire chain clearance shall be provided on outer driven wheels. Interference between the tires and any portion of the bus shall not be possible in maneuvers up to the limit of tire adhesion with weights from curb weight to GVWR. All wheel housings shall be sealed to prevent intrusion of any water inside the bus.

2.6.10 WATER TEST All buses shall be subject to rigorous water testing to determine if leaks are present on the bus body, in conformance to the requirements of Appendix A.

2.7 INTERIOR APPOINTMENTS AND CONSTRUCTION

2.7.1 INTERIOR TRIM GENERAL REQUIREMENTS The interior shall be generally pleasing – simple, modern and free from superficial design motifs. The interior shall be free of sharp depressions and areas that are inaccessible. There shall be no sharp, abrasive edges or surfaces and no hazardous protuberances. The interior shall be easy to clean and maintain. Interior surfaces that are more than 10

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inches below the lower edge of the side windows or windshield shall be designed to minimize collection of debris on flat surfaces, when the bus is parked on a level surface. The entire interior shall be washable with a hose and liquid soap. Water and soap shall not normally be sprayed directly on instrument and switch panels. Handrails, lights, air vents, armrests, and other interior fittings shall be integral with the bus interior. NYCT shall approve interior paint and color schemes. All plastic and synthetic materials used inside the bus shall be fire resistant. Passenger seat coverings and seat padding shall comply with the requirements of Section 7.3. Trim and attachment details shall be kept simple and unobtrusive. Materials shall be strong enough to resist everyday abuse and vandalism; they shall resist scratching and marking. Interior trim shall be secured to prevent resonant vibrations under operational conditions. Foam tape may be used to prevent vibration and rattling but not for securing of panels.

2.7.2 GRAFFITI RESISTANCE The entire interior of the bus aft of the white standee line shall be graffiti resistant, in conformance with requirements set forth in Appendix A. The Contractor shall use materials that have inherent in-mold graffiti resistant properties or are treated with approved coating materials. Material samples are to be presented to NYCT for evaluation and approval (see Appendix A). The contractor shall provide test reports on interior panels and seats.

2.7.3 SERVICE COMPARTMENTS AND INTERIOR ACCESS DOORS Access for maintenance and replacement of equipment shall be provided by panels and doors that are an integral part of the interior. Repair actions shall require minimal removal of fixtures or equipment that is unrelated to the repair. Access doors shall be hinged with positively retained props, as necessary, to hold the doors out of the maintainer’s way. All interior access panels that could cause injury to a driver or a passenger when inadvertently opening must be provided with 3 levels of a retaining protection. This may include latches, lanyards and dampers. To prevent inadvertent opening, all access panels that swing down shall include an interlocking mechanism that requires a manual operation to unlock and that shall automatically re-engage when the panel is closed. All interior access doors shall have hinges which are mechanically fastened to the bus and the access door with appropriate hardware i.e.: rivets, bolts, etc. Bolted fasteners shall use elastic stop nuts. Door openings shall be adequately framed and reinforced. All

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locked access doors shall be standardized so that only one tool is required to access service panel doors within the bus. The standard key is 5/16” square tool. Panel fasteners shall be standardized so that only one tool is required to service. All fasteners that retain access panels shall be captive in the cover. Access openings in the floor shall be minimized and shall be sealed to prevent entry of fumes and water into the bus. Floor access openings shall be flush with the floor and shall be edge bound with stainless steel or black anodized aluminum to prevent the edges from coming loose. Fasteners shall tighten flush with the floor.

2.7.4 FASTENING Interior panels shall not have exposed edges or rough surfaces. Panels and fasteners shall not be easily removable by passengers. Where exposed interior trim fasteners are used, they shall be rivets or cross-recessed head screws. Interior fasteners shall be painted unless they are made of stainless steel or other corrosion resistant material. Quarter turn DZUS fasteners shall not be used.

2.7.5 DASH PANELS Dash panels shall be constructed of metal, plastic or fiberglass. Material dimension and design shall be sufficient to prevent cracking throughout the life of the bus. Final finish shall be glare-free.

2.7.6 TRIM PANELS Interior side trim panels shall be melamine resin high pressure laminate, anodized aluminum, plastic or composite type material. It shall permit easy removal of paint, greasy fingerprints, and ink from felt tip pens. Panels shall be easily replaceable and tamper-resistant. They shall not be secured with double-sided tape. They shall be reinforced, as necessary, to resist vandalism and other rigors. Interior mullion trim, moldings, and trim strips shall be scratch-resistant plastic, textured stainless steel, or anodized aluminum. Individual trim panels and parts shall be interchangeable to the extent practicable. Interior panels shall be integral with, or applied to, the basic bus structure. They shall be decorated in accordance with the interior. Use of moldings and small pieces of trim shall be minimized, and all parts shall be functional.

2.7.7 HEADLINING Headlining shall be of aluminum with laminate, composite, ABS or a laminated plastic product. Headlining shall be highly wear resistant, chemical and stain resistant. Headlining shall be supported to prevent buckling, drumming, or flexing and shall be secured without loose edges. Headlining shall be secured to withstand the rigors of bus vibration and may not rely on bonded securement devices. Headlining materials shall be

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treated or insulated to prevent marks due to condensation. Headlining moldings and trim strips shall make the edges tamperproof and shall be fabricated from stainless steel, aluminum, or plastic. Headlining that covers equipment shall be hinged for service, but retained to prevent inadvertent opening. The antenna access cover (located in the foremost ceiling panel) shall be secured with tamper proof screws.

2.7.8 FRONT END The entire front end of the bus shall be sealed to prevent debris accumulation behind the dash and to prevent feet from kicking or fouling the wiring or any other equipment. All surfaces that are forward of the “white line” shall have matte (flat) finishes applied to prevent glare. The front end shall be free of protrusions that are hazardous. Paneling across the front of the bus and any trim around the driver’s compartment shall be formed metal or color impregnated plastic material. Formed metal dash panels shall be painted and finished to exterior quality. Plastic dash panels shall be reinforced, vandal-resistant, and replaceable. All colored, painted, and plated parts forward of the driver’s barrier shall be finished with a dull matte surface. Colors shall match or coordinate with the balance of the bus interior.

2.7.9 REAR INTERIOR The area above the rear settee, except for the AC grille if present, shall be fabricated from hard material or carpet that resists graffiti. The rear bulkhead paneling shall be contoured to fit the ceiling, sidewalls, and seat backs so that any litter, such as a cigarette package or newspaper, shall tend to fall to the floor or seating surface when the bus is on a level surface. Air vents shall be louvered to reduce noise and to prevent trash or litter from being deposited in the grille. The panel or sections thereof shall be easily and quickly removable for service.

2.7.10 SIDEWALLS Lower sidewalls in passenger area shall be fabricated from melamine resin high pressure laminate that resists graffiti.

2.7.11 MODESTY PANELS Dividers positioned at the exit doorway shall provide clearance between the modesty panel and the opened door to protect passengers from being pinched. The exit door forward modesty panel shall be an appropriately designed height modesty panel that shall be constructed of melamine laminate, with appropriately designed stanchions. Polycarbonate shall not be used. Modesty panels shall be provided to maximize the aisle spacing adjacent to the panel.

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The modesty panel and its mounting shall withstand a static force of 250 pounds applied to a 4-inch by 4-inch area in the center of the panel without permanent visible deformation. Materials shall be designed for ruggedness and the panel shall not rattle under normal bus operation. All screws securing modesty panels shall be coated with threadlocker, or nylon patch fastener, and torque striped (or equivalent) before installation. Modesty panels shall also be provided at the rear raised platform on both sides of the bus interior.

2.7.12 PASSENGER ASSISTS (GENERAL REQUIREMENTS) Passenger assists in the form of full grip horizontal assists and vertical stanchions or handholds shall be provided for the safety of standees and for ingress/egress. These assists shall be powder coated yellow stainless steel if mounted to the floor or powder coated yellow mild steel if they are not mounted to the floor. Vinyl standee straps (at least 7) shall be provided in the bus interior. Passenger assists shall be convenient in location, shape, and size for both the 95th-percentile male and the 5th-percentile female standee. Starting from the entrance door and moving anywhere in the bus to the rear settee, a vertical assist shall be provided either as the vertical portion of seat back assist or as a separate item so that a 5th-percentile female passenger may easily move from one assist to another using one hand and the other without losing support. Excluding those mounted on the seats and doors, the assists shall be between 1-¼ and 1-1/2 inches in diameter or width with radii no less than ½ inch. All passenger assists shall permit a full handgrip with no less than 1.5 inches of knuckle clearance around the assist, except the assists mounted on the door panels, which shall have no less than 1 inch of knuckle clearance. Any joints in the assist structure shall be underneath supporting brackets and securely clamped to prevent passengers from moving or twisting the assists. Assists shall withstand a force of 300 pounds applied over a 12-inch linear dimension in any direction normal to the assist without permanent visible deformation. Brackets, clamps, screw heads, and other fasteners used on the passenger assists shall be free of sharp edges. Assists (horizontal, vertical and door mounted) aft of the white line, except over the curbside front wheel well, that are handled by passengers including functional components used as passenger assists, shall be powder coated yellow. Retaining cups at the floor level must be stainless steel powder coated yellow. The assists over the curbside front wheel well shall be powder coated matte black. With the exception of the area forward of the standee line and to the extent practicable, vertical and overhead assists shall provide a functionally continuous means of moving through the bus while maintaining a grasp. The overhead assist shall be no less than 73 inches or more than 76 inches above the floor when measured to the lowest point of the assist along the lower

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level and at the front of the overhead assist at the upper level. The overhead assist height at the rear of the upper level may be reduced to no less than 70-3/4 inches. Overhead assists shall simultaneously support 150 pounds on any 12-inch length. No more than 5% of the full grip feature shall be lost due to assist supports. Longitudinal seats shall have vertical assists located between every other seating position, except for fold-up seats. The aisle side of all transverse seat sets on the lower level shall have vertical assists that are functionally continuous from the seat back assist to the overhead assist. Assists on the upper deck shall be placed to provide for convenient location without restricting passenger movement. Vinyl standee straps shall be installed between assists, 3 on the curbside and 4 on the street side. These assists shall be placed so that they do not interfere with a passenger exiting a seat. Vinyl standee strap assemblies shall be replaceable without requiring removal of handrails. Vertical assists that are functionally continuous with the overhead assists shall be provided on the aisle side of the rear door modesty panel. If bus is provided with push style rear door(s), the rear modesty panel shall be fitted with assists no less than ¾ inches in width and shall provide at least 1-1/2 inches of knuckle clearance between the assists and their mounting; the rear doors shall be provided with slant-style assists. A 5th-percentile female shall be provided with assists that are functionally continuous during the entire exiting process. The assists shall be no more than 6 inches from the outside edge of the lower step tread. If the bus is provided with slide glide door(s), the doors shall be fitted with assists no less than ¾ inches in width and shall provide at least 1-1/2 inches of knuckle clearance between the assists and their mounting. A 5th-percentile female shall be provided with assists that are functionally continuous during the entire exiting process. Front doors, or the entry area, shall be fitted with assists no less than ¾-inch in width. Assists shall be as far outward as practicable, but shall be no further than 6-inches from the outside edge of lower step tread and shall be easily grasped by a 5th-percentile female boarding from street level. The number one front door shall be provided with a slant-style assist and a vertical assist that is mounted on the exterior edge of the door when the door is open to allow support for the boarding passenger. All passenger assists forward of the white line, including door mounted assists, shall be matte black powder coated stainless steel. Door assists shall be functionally continuous with the horizontal front passenger assist. The aisle side of the driver’s barrier and the modesty panels shall be fitted with vertical passenger assists. These assists shall have sufficient clearance from the barrier to prevent inadvertent wedging of a passenger’s arm. A horizontal passenger assist shall be located across the front of the bus and shall prevent passengers from sustaining injuries on the fare collection device or windshield in the event of a sudden deceleration. Without restricting the vestibule space, the assist shall provide support for a boarding passenger

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from the front door through the fare collection procedure. Passengers shall be able to lean against the assist for security while paying fares. The assist shall be no less than 36 inches above the floor or the average step tread surface. The assists at the front of the bus shall be arranged to permit a 5th-percentile female passenger to easily reach from the door assist, to the front assist, to vertical assists on the driver’s barrier or front modesty panel. The front assist shall not impede the boarding of wheelchairs, and shall provide space to mount an electronic farebox and vault.

2.7.13 DRIVER’S DOOR AND SECURITY BARRIER

2.7.13.1 Description The driver’s compartment shall be separable from the aisle area by a door equipped with a driver’s shield. The barrier shall be designed to provide physical security to the bus operator without affecting visibility and ventilation in the bus operator’s compartment. The barrier shall be designed to minimize rattle and noise due to normal bus operation. The driver’s door and security barrier shall be structurally validated by an independent third-party. The driver’s door and security barrier must be qualified for 12 year/500,000 mile design life in NYCT service through dynamic shaker testing. Report of all structural testing and corrective actions shall be supplied. The barrier shall not inhibit access to the farebox pedestal access door. The barrier shall have a positive latch locking system designed to prevent customers from reaching around and opening the barrier. Rubber grommets used for the latch stop must be flexible and vibration absorbent. The system shall latch just by pushing of pulling the door. The latch must be of the slam lock type. The door should be latchable from the driver’s side. The barrier must not impair visibility of the driver’s rear view mirrors. The rear and curbside mirrors must be viewed without looking through the shield glazing. The barrier must not impair visibility of front door windows when doors are closed and the entrance area when doors are open. A 5th percentile female driver’s view of the curb shall not be obstructed by the driver’s door and security barrier. The barrier shall have a clear upper section and a lower metal section, with both upper and lower sections operating as a unit. The optimum floor to ceiling length of the barrier will vary according to bus model. The barrier shall not have any ‘pinch’ points. Sufficient knuckle clearance shall be added to areas where pinch points are identified, for the safety of the operator and passengers. The barrier must allow access to all access panels, dash and destination sign without requiring removal of the barrier.

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The barrier shall have a stop mechanism to prevent it from swinging past the White Line. The design is to be presented to NYCT for approval.

2.7.13.2 Material Material shall be nominal 3/8” thick laminated and tempered safety glass in conformance with ANSI/SAE Z26.1-AS-2 or AS-15B (latest rev). Glazing material must have anti reflection and anti glare properties. Vendor shall provide a laboratory test report from an accredited laboratory to demonstrate compliance with AS-2 or AS-15B glazing material. The upper clear glazing section shall have the shape shown in the diagram below. Height and width of the glazing section shall vary according to the design based on the bus model. The shape of the glazing material shall satisfy the requirements of the 95th percentile male/female gender mix as per SAE J941. Operators’ visibility of the curbside rear view mirror shall not be obscured by the glazing material. The glazing section shall overlap above the farebox and must give clear access to the coin drop and MetroCard slot of the farebox. Upper clear glazing section must be replaceable with 3/8” thick laminated and tempered safety glass in conformance with ANSI/SAE z26.1-AS-2 or AS-15B glazing material with pyrolytic hard coating to enhance the anti-reflection. All parts shall be free of sharp edges, burrs, etc. and must meet applicable quality and workmanship standards.

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2.7.14 STEPS AND DOOR AREAS

2.7.14.1 Step The front door step (up from street level) shall not exceed 15.5 inches with the bus at the design height. At the rear door, the step to street level shall not exceed 15.5 inches with the bus at the design height.

2.7.14.2 Step Coverings The edges of the front vestibule, exit door floor and all internal steps of a change in floor level shall have a chrome yellow band no less than 2-1/2 inches wide on the full width of the step.

2.7.15 HEADROOM Headroom above the aisle and at the centerline of the aisle seats shall be at least 76.2 inches. At the centerline of the window seats, headroom shall be no lower than the required top of the side window. Headroom at the back of the rear bench seat may be reduced to a minimum of 56 inches, but it shall increase to the normal ceiling height at the front of the seat edge.

2.7.16 DRIVER’S REAR BARRIER A barrier or bulkhead between the driver and the left front passenger seat shall be provided. The forward (driver) side of the barrier shall have a matte finish and shall not cause glare and/or reflections in the windshield. The barrier shall extend from the passenger compartment floor surface or wheel well surface to within 1-1/2 inch of the ceiling. The top of the driver’s barrier shall be designed to prevent trash from collecting on it. The driver’s barrier shall prevent passengers from reaching the driver or his personal effects. Driver’s barrier shall be fabricated of a rugged, durable material that is corrosion resistant, and meets the requirements for interior appointments. A 1-1/2-inch minimum knuckle clearance shall be provided between the driver’s barrier and any support thereof, which may be used as a passenger assist. A double coat hook shall be provided behind the driver on the cabinet which is able to support 50 lb. weight without distortion.

2.7.17 ELECTRONIC EQUIPMENT CABINET A lockable electronic equipment cabinet located over the front roadside wheel well shall be provided to accommodate the radio, IVS, Bus Camera Security System (BCSS), and Bus Customer Information Systems (BCIS) equipment. The cabinet shall have a minimum

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of 4 adjustable heavy duty fully extractable slide out trays. Accommodations shall be in accordance with Appendix A requirements for these systems. A stainless steel, powder coated mild steel, or powder coated aluminum radio mounting plate with four vibration insulators (shock mounts), in accordance with Appendix A, shall be installed on one of the slide out trays designated for the radio equipment. The cabinet shall provide sufficient structural support to house the electronic equipment and to meet the environmental requirements set forth in this specification. The top of the electronic equipment cabinet shall act as a trash shield to prevent items from being placed on it. The cabinet shall be provided with a slam latch which auto latches when closed. In addition, the cabinet shall be lockable with a standard heavy-duty captive lock which accepts key code #0C00. The lock shall function with continuous half-turn action that rotates pawl behind the door frame and compresses it to pull the door panel tight, dampens vibration and reduce or eliminate noise and rattle and shall prevent accidental opening. The design of the cabinet shall be presented for approval to NYCT during the pre-production phase.

2.8 EXTERIOR APPOINTMENTS AND CONSTRUCTION

2.8.1 BUMPER SYSTEM Front and rear bumpers shall be composed of high energy level polymers, with energy absorbing capabilities for repetitive impacts. Bumper system shall be Reaction Injection Molded, self-restoring, polyurethane modules that are extremely durable and shall be provided with the anti-ride feature. Bumpers shall be black, corrosion-resistant material. These qualities including color shall be sustained throughout the service life of the bus. Bumpers shall provide impact protection for the front and rear of the bus up to 27 ±2 inches at the edges, with an allowance of 24 inches at the center, above the ground. The bumpers shall wrap around the bus to the extent practicable.

2.8.1.1 Front Bumper The front bumper shall include a metal reinforcement embedded into the mounting flange to increase the pull strength of the bumper. No part of the bus, including the bumper, shall be damaged as a result of a 5 mph impact of the bus at curb weight with a fixed, flat barrier perpendicular to the bus’ longitudinal centerline. The bumper shall protect the bus from damage as a result of 6.5 mph impacts at any point by the striker defined in FMVSS #301 loaded to 4,000 pounds parallel to the longitudinal centerline of the bus and 5.5 mph impacts into the corners at a 30 angle to the longitudinal centerline of the bus. The

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energy absorption system of the bumper shall be independent of every power system of the bus and shall not require service or maintenance in normal operation during the service life of the bus. The bumper may increase the overall bus length specified by no more than 7 inches.

2.8.1.2 Rear Bumper The rear bumper and its mounting (solid mounts) shall provide impact protection to the bus at curb weight from a 2-mph impact with a fixed, flat barrier perpendicular to the longitudinal centerline of the bus. When using a yard tug with a smooth, flat plate bumper 2 feet wide contacting the horizontal centerline of the rear bumper, the bumper shall provide protection at speeds up to 5 mph, over pavement discontinuities up to 1 inch high, and at accelerations up to 2 mph/sec. The rear bumper shall protect the bus, when impact anywhere along its width by the striker defined in FMVSS 301 loaded to 4000 pounds, at 4 mph parallel to the longitudinal centerline of the bus. The rear bumper and bumper extensions shall be shaped to preclude unauthorized riders standing on the bumper. The bumper shall be independent of all power systems of the bus and shall not require service maintenance in normal operation during the service life of the bus. The bumper may increase the overall bus length specified by no more than 6 inches.

2.8.2 GUTTERS Gutters shall be provided to prevent water flowing from the roof onto the side windows and passenger doors. Drain holes shall be provided to drain water between the windows along the side of the bus. When the bus is decelerated, the gutters shall not drain onto the windshield, driver’s side window, into the door boarding area or onto the driver’s side mirrors.

2.8.3 SKID PLATE The front door post and underframe components shall be protected from striking against the curb with a heavy duty metal skid plate that will withstand striking of the curb and other surfaces without being dislodged. The plate shall be installed on the bus underframe such that it will not be prone to dragging debris. Protection shall be effective in cases when the bus kneels.

2.9 PASSENGER DOORS The front door shall be a slide-glide type door and the rear door shall be provided as a flat, air assist open and spring closed door or slide glide door. Slide glide doors shall not have linkage that protrudes through the door upon opening.

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Slide glide doors will be configured, with a lower door arm linkage that will not pass through or across the plane of the door and ancillary seal during opening and closing. The door arms shall be designed to wrap around the door panel’s trailing edge and remain flush with the exterior surface of the door in the closed position.

2.9.1 CLOSING FORCE No more than a 10 pound force shall be imposed on a 1 square inch area of any passenger struck by a closing rear door. A maximum force of 35 pounds shall be required for a passenger to free himself after having either door close upon him.

2.9.2 DOOR SPEED A pre-set orifice shall independently control door opening and closing speeds. Power assist doors shall open and close at the speed defined and measured in the RDI door check. Door mechanism shall be concealed from passengers but shall be easily accessible for servicing. All elements of the door and actuator system shall be designed to operate without a Class 3 failure for 50,000 miles in revenue service and this requirement shall be validated through the cycling test.

2.9.3 DOOR MATERIALS Structure of the doors, their attachments, inside and outside trim panels, and any mechanism exposed to the elements shall be durable and corrosion-resistant. Door construction shall be of corrosion-resistant metal. The doors, when fully opened, shall provide a firm support and shall not be damaged if used as an assist by passengers during ingress or egress.

2.9.4 DOOR DIMENSIONS When open, the doors shall leave an opening no less than 75.3 inches in height. Front door opening width shall be no less than 31.75 inches, between the round or oval grab handles, with the doors fully opened. Rear door opening width shall be no less than 30 inches with the doors fully opened. Door opening widths may be reduced 3 inches on the sides of the extreme top and extreme bottom of each door opening. This 3-inch projection shall be reduced to 0 inches within 26 inches of the bottom and within 18 inches of the top. Projections shall not form a hazard to passengers.

2.9.5 DOOR GLAZING Both front and rear doors shall have a full one-piece design glazing on each panel of the door. The front door panel glazing material shall have a nominal ¼ inch or 6 mm thick

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laminated safety glass conforming to the requirements of ANSI Z26.1 Test Grouping 2 and the Recommended Practices defined in SAE J673. Glazing material in the rear doorway door panels shall be the same material, thickness and color as the side window. Door glazing shall be easily replaceable without the need to remove the door panels from the vehicle or to partially disassemble the door frame members. The removal of door glass shall be accommodated by the simple removal of reusable glazing retention strips. Door glazing shall comply with all relevant FMVSS safety standards.

2.9.6 DOOR PROJECTION Exterior projection of the doors shall be minimized during the opening or closing cycles or when doors are fully opened. The closing edge of each door panel shall have no less than 2 inches of soft weather stripping. The doors, when closed, shall be effectively sealed and the hard surfaces of the doors shall be at least 4 inches apart.

2.9.7 DOOR HEIGHT ABOVE PAVEMENT The bottom edge of the doors shall be equivalent to the floor height in an opened or closed position. When closed doors shall prevent the entry of rain, snow, dirt, etc.

2.9.8 REAR DOOR CLOSING PERFORMANCE The spring close and slide glide exit door shall close and lock when the bus is tilted up to 7 degrees to the side, with all windows and hatches shut and under any HVAC operation speed.

2.10 FLOOR All floor measurements shall be with the bus at the design height and on a level surface. The floor deck shall be integral with the basic structure or mounted on the structure securely to prevent chafing or horizontal movement.

2.10.1 FLOOR SLOPE The slope of the floor shall not exceed 3.5º of horizontal.

2.10.2 FLOOR FASTENING Floor panels may be glued to bus structure, however corrosion resistant (protected from corrosion for the service life of the bus) screws shall be used around the perimeter of each panel and within the plane of each panel, as necessary to secure the bonding of the floor to the structure. All floor fastener heads shall be coated. Tapping plates used for the floor fasteners shall be no less than the same thickness as a standard nut for that fastener.

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2.10.3 FLOOR ACCESS HATCHES

A single rear floor access hatch shall be provided for access to drivetrain equipment through the passenger compartment.

2.10.4 FLOOR CONSTRUCTION AND STRENGTH The floor deck shall be reinforced as needed to support passenger loads. At GVWR, the floor shall have an elastic deflection of no more than 0.60 inches from the normal plane. The floor shall withstand the application of 2.5 times gross load weight without permanent damage or deformation. Floor and step treads (if used) with coverings applied, shall withstand a static load of at least 150 pounds applied through the flat end of a .5-inch diameter rod, with 1/32-inch radius, without permanent visible deformation. The floor shall be constructed of full thickness 0.750-inch plywood or composite material. Plywood shall be Engineered Wood Association “marine grade”, 7 ply, “A-B” (or better) and shall be so marked. Plywood shall be free of internal voids. Floor construction shall be of sufficient strength to support a standing passenger load of 150 pounds per square foot throughout the bus with minimal deflection. Wood shall be treated to prevent hygroscopic absorption of water through any/all surfaces including the edges. All wood to metal interstices shall be caulked prior to assembly to eliminate all voids. Caulking shall remain flexible throughout the service life of the bus. The floor of each level shall be essentially a continuous flat plane, except at the steps (if used) and wheel housings. The surface edges where the floor covering meets the walls shall be blended with a radius and a molding or cove shall prevent debris accumulation between the floor and wheel housings. The floor, as assembled, including the sealer, attachments, and covering, shall be waterproof, non-hygroscopic, resistant to wet and dry rot, resistant to mold growth, and impervious to insects. Any area of the floor where fiberglass or equivalent composite is used shall be subject to the same environmental and structural requirements as the marine grade plywood. All depressions in the floor surface due to countersinking of fasteners or seams or other causes shall be filled with compatible body filler. Before the floor covering is applied, the floor shall be sanded smooth where required and thoroughly cleaned of dust, dirt, oil and grease. Floor panel splices shall be arranged to coincide with structural underfloor members. If composite materials are used the builder will test and present to NYCT the following physical properties of the composite material:

Shear strength

Flexure

Impact strength

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Delamination, Tear, Holes and Punches

Core Crushed Test

Hygroscopic absorption of water through any/ all surfaces including the edges.

2.10.5 FLOOR COVERING

2.10.5.1 General

Floor coverings shall comply with all pertinent aspects of the ADA and be constructed of confetti speckled black, wear resistant, non skid, ribbed / smooth composition rubber, or PVC material. Alternative color/pattern flooring material will also be considered. Floor in the vestibule shall be covered with nonskid, ribbed black, confetti speckled rubber composition, or PVC material that remains effectively skid resistant in all weather conditions. Floor covering, as well as transitions of flooring material shall be smooth and present no tripping hazards. Floor covering ribs, if provided, shall run transversely in line with the entrance, longitudinally in line with the aisle, and shall be joined smoothly. Integrally molded white standee line shall be at least 2 inches wide and shall extend across the bus aisle approximately in line with the driver’s barrier. Color shall be consistent throughout the floor covering. The sidewall flooring areas shall be sealed with molding to prevent penetration of liquid. No spray or brush applied coatings (such as RhinoGuard® or LINE-X®) are acceptable on any areas of the bus floor coverings.

2.10.5.2 Passenger Area Floor Covering The floor in the passenger area shall be:

Covered with black confetti speckled nonskid rubber composition, or approved

alternative covering that remains effective in all weather. The center strip shall be

one continuous piece, except in transition areas required by steps and shall extend

from the rear seat between the aisle sides of transverse seats to the standee line.

Covering between the center strip and the wheel housings may be separate

pieces.

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Composite rubber flooring material shall be longitudinally ribbed in the aisle section. At the rear door a separate transversely ribbed strip as wide as the door shall extend from the center strip outward to the floor edge. Alternatively, non-ribbed flooring is acceptable. The floor under the seats shall be covered with 0.125-inch thick composition rubber, or 0.090-inch thick PVC, smooth surface flooring material. The floor covering shall closely fit the sidewall cove or extend to the top of the cove. Color of the floor covering in the passenger compartment shall be the same as that in the vestibule.

2.10.5.3 Wheelchair Parking Space Flooring If ribbed flooring is supplied, the flooring shall be applied with the ribbing perpendicular to the aisle.

2.10.5.4 Floor Covering Driver’s Area The floor in the driver’s compartment shall be smooth, easily cleaned and shall be arranged to prevent the accumulation of debris.

2.10.5.5 Rear Bench Seat Covering The rear bench seat covering between the seats and the floor shall be fire resistant (CFR > 0.50 w/cm2) dimensionally stable, low temperature resistance, sound dampened, strong enough to resist everyday abuse, chemicals, static punch and vandalism. The rear bench seat covering material shall match the floor covering material color and pattern. Rear bench seat covering shall be resistant to scratches and markings. A molded fiberglass material with equivalent properties is an acceptable alternative.

2.11 WHEEL HOUSING Wheel housings shall be constructed of non-corroding 18-gauge stainless steel, fiberglass, High Density Polyethylene (HDPE) with stainless steel reinforcement plates, or a combination thereof to provide adequate protection to passengers from road debris. Wheel housings, as installed and trimmed, shall withstand impacts of road a 2-inch steel ball with at least 200 foot-pounds of energy without passenger compartment penetration. All wheel housings shall be sealed. If constructed with HDPE the wheel housing shall not loose its mechanical properties for the highest possible brake temperature, with the bus operating at the standard ambient temperature.

2.12 GLAZING MATERIALS

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2.12.1 WINDSHIELD The windshield shall permit a driver’s field of view as referenced in SAE Recommended Practice J1050. The vertically upward view shall be a minimum of 15º, measured above the horizontal and including any shaded band. The vertically downward view shall permit detection of an object 3.5 feet high that is 2 feet in front of the leading edge of the bus. The peripheral view shall be a minimum of 90º about the line of sight. Any binocular obscuration due to a center divider may be ignored when determining the 90º requirement, provided that the divider does not exceed a 3º angle in the driver’s field of view. Windshield pillars shall not exceed 10º of binocular obscuration. A glare shield mounted to the a-pillar shall be provided to cancel reflections on the driver’s side glass. This glare shield shall not affect the driver’s field of view. The windshield shall be designed and installed to prevent external glare as well as reflections from inside the bus. When the bus is operated at night with the passenger interior lighting on, no reflections shall be visible in the windshield immediately forward of the driver’s barrier. Reflections in the remainder of the windshield shall be minimized, and no reflection of any part of the bus interior behind the driver’s barrier shall be visible. The windshield shall be easily replaceable by removing zip-locks from the windshield retaining moldings. Bonded-in-place windshields shall not be used. Windshield glazing material shall have a ¼ inch or 6mm nominal thickness laminated safety glass conforming to the requirements of ANSI Z26.1 Testing Grouping 1A and the recommended practices defined in SAE J673 and certified to AS1. The glazing material above the driver’s field of view shall have a dark, shaded band with a minimum luminous transmittance of 6% when tested in accordance to ASTM D-1003.single density tint within the upper 6 inches of the windshield (New York State DMV Section 375 # Par. 12.b.1). This shade band shall be eliminated if it interferes with the view of the curbside mirror. In such case for a split windshield it shall be provided on the driver’s side only.

2.12.2 WINDSHIELD WIPERS (REF. FMVSS 104) The bus shall be equipped with a single variable speed windshield wiper washer control. Windshield wiper motors shall be electrically driven. At 55 mph, no more than 10 percent of the wiped area shall be lost due to windshield wiper lift. Wipers blades shall park parallel to the center edges of the windshield glass with sufficient clearance from the edge to allow for wiper over sweep without touching the edge. If a single piece windshield is supplied the blades shall park parallel to the bottom of the windshield. Windshield wiper motors and mechanisms shall be easily accessible for repairs or service and shall be removable as complete units. Wiper blades shall be the heavy-duty type.

2.12.3 WINDSHIELD WASHERS The electric windshield washer system shall deposit washing fluid evenly and completely wet the entire wiped area of the windshield. The wiper system, including wiper blades

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shall resist the attack of methanol based windshield washer compounds. The windshield washer system shall have a minimum 2-gallon reservoir, located for easy refilling from outside of the bus. Reservoir pumps, lines and fittings shall be corrosion-resistant, and the reservoir itself shall be translucent for easy determination of fluid level.

2.12.4 DRIVER’S SIDE WINDOW The driver’s side window shall incorporate a full or partial height fully framed emergency egress sliding window and shall be easily replaceable. The window frame shall be mechanically fastened (ex: clamped in) to the bus structure - bonding shall not be the only attachment mechanism. The sliding section of this window shall be non-locking and slide rearward in tracks or channels designed to last the service life of the bus. Sufficient opening shall be provided so when open it shall allow:

access to the front door dump valve from outside the bus

permit the seated driver to easily adjust the left outside rearview mirror if the mirror

is reachable from a seated driver’s position

provide ventilation to the driver.

The non sliding section of this window shall not be bonded in place to allow easy maintenance. The glazing material shall have a single density tint. Any driver’s side window glass area that is exposed above the sun visor in the lowered position shall be tinted to the same degree as the shaded band on the windshield. The glazing material shall have a ¼ inch or 6mm nominal thickness laminated safety glass conforming to the requirements of ANSI Z26.1 Testing Grouping 2 and the recommended practices defined in SAE J673 ”Certification AS2”.

2.12.5 PASSENGER AREA – SIDE WINDOWS Vertical mullions between windows, including trim, shall be of minimum width consistent with structural integrity of the bus chassis. All side windows shall be easily replaceable without disturbing adjacent windows and shall be mounted so that flexing or vibration from engine operation or normal road excitation is not apparent. Glass shall be replaceable in less than 3 minutes through the use of a removable gasket. Side windows shall have fixed lower panes. Upper panes shall tip inward except for the first and last curbside and roadside upper panes, which shall be fixed. The windows shall be retained in the closed or stationary position by an anodized aluminum latch and shall have a black anodized frame. The passenger window frames shall be mechanically fastened to the bus structure- bonding shall not be the only attachment mechanism.

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2.12.5.1 Passenger Window Construction

Side glazing material shall have a ¼ inch or 6mm nominal thickness laminated safety glass conforming with the requirements of ANSI Z26.1 Testing Grouping 2 and the recommended practices defined in SAE J673 (AS3 certified or better) and a minimum of 44% light transmittance grey tint, except for the curbside upper fixed window pane where the side destination sign is mounted, which shall be clear. All glazing that is aft of the “white line” shall be equipped with a permanent hardened protective layer which is incorporated into the glazing. The protective layer shall be transparent and shall not consist of a removable film or layer that can wear off over time.

2.13 SUNSCREENS An adjustable roller type sunscreen shall be provided over the driver’s windshield and the driver’s side window. The sunscreen shall be capable of being lowered to the midpoint of the driver’s window. When deployed, the screen shall be secure, stable and shall not rattle, sway or intrude into the driver’s field of view due to the motion of the bus or as a result of air movement. Once lowered, the screen shall remain in the lowered position until returned to the stowed position by the driver. Sunscreen shall be shaped to minimize light leakage between the visor and windshield pillars to the extent possible. Sunscreen mounting hardware shall be provided with elastic stop nuts.

New York City Transit - Department of Buses Technical Specification Page TS -55

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.0 POWERPLANT

The propulsion system and drive train shall provide sufficient power to enable the bus to meet the defined acceleration, top speed and gradability requirements of Section 3.2 – Vehicle Performance with all accessories operating. Buses furnished under this contract shall be fitted with heavy duty engines conforming to the latest configuration of diesel technology operable on #2 ultra-low sulfur diesel fuel as specified in Appendix A. NYCT fuel will meet the requirements of the engine manufacturer as established at time of contract signing. The engine shall comply with all applicable requirements of CFR 40 and meet the requirements of these Technical Specifications as specified by the engine supplier. The engine shall be designed to provide not less than 300,000 miles or 40,000 hrs. of NYCT service between overhauls. Buses shall be built to comply with the latest US-EPA regulated emissions standards that apply at time of delivery. The engine shall not be equipped with ether injection start aid. The number of diagnostic codes shall be maximized to the extent possible at the time of manufacture. The engine controller shall transmit fault codes and performance data to the IVS in compliance with Appendix C1.

3.1.1 FAST IDLE DEVICE The engine shall be equipped with a driver-controlled fast idle device. The device shall activate only with the transmission in neutral and the parking brake engaged. This device may be used to assist the efficient operation of the bus’s HVAC system.

3.1.2 IDLE SHUT DOWN The engine shall be programmed to shut down after 15 minutes of idling unless the mode selector is in forward or reverse, the engine is in fast idle mode or the interlock is engaged.

New York City Transit - Department of Buses Technical Specification Page TS -56

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.2 VEHICLE PERFORMANCE

Propulsion system shall be provided in general accordance with the diesel buses in the NYCT fleet. However, it shall be the responsibility of the manufacturer to notify NYCT of any design changes affecting the construction of these referenced vehicles. NYCT shall have the right to review all information pertinent to these changes and shall have the option of approving these same changes for this order. Both the engine and the transmission shall be equipped with electronic controls which are compliant with SAE J1939 communications protocol.

3.2.1 TOP SPEED The bus shall be capable of a top speed of 55 mph (for emergency and passing maneuvers) on a straight, level road at curb weight with all accessories operating. Top speed shall be governed to 45 mph at time of delivery to NYCT. The bus shall be equipped with a reverse speed governor not to exceed 5 mph, and the bus shall have sufficient power in reverse to back out of wheel locator depressions at a floor hoist.

3.2.2 GRADABILITY Gradability requirements shall be met for the New York duty cycle specified in Section 1.17.7 – Operating Environment on grades with a dry commercial asphalt or concrete pavement surface at GVWR with all accessories operating. The standard configuration powertrain shall enable the bus to achieve and maintain a speed of 40 mph on a 2½ percent grade and 7 mph on a 16-percent grade.

New York City Transit - Department of Buses Technical Specification Page TS -57

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.2.3 ACCELERATION

An average acceleration rate of at least 0.06g shall be achieved at GVWR between 0 and 15 mph. Acceleration measurement shall commence when the accelerator is depressed. The bus shall be capable of meeting performance described in the following graphs and tables; Alternative performance curves will be considered based on fuel economy optimization.

3.2.4 JERK Jerk, the rate of change of acceleration, shall be minimized throughout the acceleration/deceleration range and shall be no greater than 0.3g/sec. This requirement shall be achieved regardless of driver actions under continuous acceleration.

New York City Transit - Department of Buses Technical Specification Page TS -58

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.3 FUEL SYSTEM

3.3.1 FUEL TANK

The tank shall be constructed of stainless steel with a minimum capacity of 123 gallons (US) of fuel. Gauge of tank material shall be sufficient to prevent deformation of the tank throughout the life of the bus. The stainless steel gauge shall be conformant to 300 Series or ASTM AS240. The single fuel tank shall be securely mounted to the bus to prevent movement during bus maneuvers, but shall be easily removable for cleaning or replacement. The fuel tank mounting and filler location shall be approved by NYCT. The tank bottom shall be protected by a ½-inch thick EWA marine grade plywood fuel tank mounting board. The fuel tank shall be equipped with an external, hex head, steel, cast iron, or brass drain plug and a pressure relief valve. The drain plug shall be at least a 3/8-inch (NPT) size and shall be located at the lowest point of the tank. The tank shall have an inspection plate or removable filler neck to permit cleaning and inspection. The pickup tube shall include a screen to keep debris out of the system. The tank shall be baffled internally to prevent fuel-sloshing noise regardless of fill level. The baffles or fuel pickup location shall assure continuous full power operation on a 6-percent upgrade for 15 minutes starting with no more than 25 gallons of fuel over the unusable amount in the tank.

3.3.2 FUEL FILLER All of the bus’s fuel requirements shall be delivered through a single fill on the curbside. The filler neck shall be recessed into the body so the spilled fuel shall not run onto the outside surface of the bus. The filler shall be a fast fill system compatible with NYCT’s current fueling systems that accommodates a 1.5-inch diameter nozzle and provide a fill rate of 40 gallons per minute of foam-free fuel without spitting back or causing the nozzle to shut off before the tank is full. An audible signal shall indicate when the tank is essentially full. The system shall be calibrated for the fuel tank with the supplier to ensure shut down without spilling fuel. The filler cap shall be retained to the filler neck with a steel cable. The fuel filler neck shall be equipped with a positive stop cap for the closed position.

New York City Transit - Department of Buses Technical Specification Page TS -59

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.4 POWERPLANT MOUNTING The powerplant shall be mounted in the rear compartment of the bus. All engine and transmission mounting points shall be mechanically isolated with mounts to minimize transfer of vibration to the body structure.

3.5 POWERPLANT ACCESSORIES

3.5.1 FILL CAPS Engine oil fill cap shall be hinged to the filler neck and self closing by spring pressure regardless of its position. The coolant fill cap shall be hinged with a positive lock when closed. All fluid fill locations shall be labeled to ensure correct fluid is added and all fillers shall be easily accessible with standard funnels, pour spouts, and automatic dispensing equipment. Pressure fill connectors may be provided for surge tanks above 60 inches. No fill port shall be located more than 60 inches from the ground.

3.5.2 LUBRICANT SUMPS All lubricant sumps shall be fitted with magnetic-type, external, hex head, drain plugs of a standard size except where they are not offered as such by the supplier.

3.5.3 FILTERS (ALL FLUIDS) The engine and transmission shall be equipped with sufficient heavy-duty fuel and oil filters for efficient operation and to protect the engine and transmission between scheduled filter changes. A fuel filter (for diesel bus only) and air filter diagnostic indicator light shall be provided on the rear engine control panel and the signal shall interface with the IVS to monitor, alert and report of the need to service the filters. The engine shall be fitted with a full-flow and separate by-pass type lube oil filters. Filter type and mounting location shall be approved by the manufacturer of the engine or transmission. All fluid filters on the bus shall be of the spin-on, disposable type, unless the component manufacturer specifically precludes the use of spin-on filters. This shall include: Engine and water filters. All filters shall be easily accessible and the filter bases shall be plumbed to assure correct reinstallation without resultant leakage.

3.5.4 ENGINE COMPARTMENT GAUGES An electronic display to provide status readings shall be supplied in the engine compartment, which shall be rated at a minimum of IP67 level of protection. It shall be easily readable during routine service and mounted in an area where it is not subject to damage during repairs.

New York City Transit - Department of Buses Technical Specification Page TS -60

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

The readings required shall be as a minimum listed below. Engine oil pressure

Coolant temperature

Coolant low indicator

Fuel pressure

Engine air inlet restriction

Brake wear Indication

3.5.5 ENGINE - DRIVEN ACCESSORIES

Engine-driven accessories shall be unit mounted for quick removal and repair. These accessories shall be driven at speeds sufficient to assure adequate system performance during extended periods of idle and low speed operation and low route speed portions of the design operating profile. Accessory drive systems including belts shall operate without failure or unscheduled adjustment for 50,000 miles in NYCT service.

3.5.6 HYDRAULIC SYSTEM FOR HYDRAULICALLY DRIVEN ACCESSORIES The hydraulic system shall not require repair at intervals of less than 50,000 miles. Hydraulic system service intervals shall be scheduled no more frequently than those of other major bus systems. All elements of the hydraulic system shall be easily accessible for service or unit replacement. System shall be provided with a readily accessible means to check the level of and replenish the system. This may be by means of a “dipstick” or “sight glass”, or preferably, an electronic readout gauge. The manufacturer of the system shall not require checking of fluid levels more often than at 6,000 mile intervals as part of the system’s normal service requirements.

3.6 FUEL AND ENGINE OIL FLUID LINES Fuel and oil lines within the engine compartment shall be rigidly supported and adequately sealed. Flexible fluid lines shall be kept at a minimum and shall be as short as practicable. They shall be routed or shielded so that failure of a line shall not allow fuel or oil to spray or drain onto any component operable above the auto-ignition temperature of the fluid. Hoses shall be individually supported and shall not touch each other or any part of the bus’ fuel tank.

New York City Transit - Department of Buses Technical Specification Page TS -61

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.7 HYDRAULIC FLUID LINES

All hydraulic lines shall be compatible with the hydraulic fluid and be rated at a working pressure limit that is safely above the maximum pressures encountered by the system. Flexible lines shall be minimized in quantity and length. Lines of the same size and with the same fittings as those on other piping systems of the bus, but not interchangeable, shall be tagged or marked for use on the hydraulic system only. Hydraulic lines shall be individually and rigidly supported to prevent chafing damage, fatigue failures, and tension strain on the lines and fittings. The hydraulic system shall be configured and/or shielded so that failure of any flexible line shall not allow hydraulic fluid to spray or drain onto any component operable above the auto-ignition temperature of the fluid. A priority system shall prevent the loss of power steering during operation of the bus if other devices are also powered by the hydraulic system. Elements of hydraulic system shall meet noise limitations in these technical specifications.

3.8 ENGINE STARTER MOTOR A 24 volt electric, lightweight starter with soft starter feature, maximum torque technology, overcrank protection and Integrated Magnetic Switch (IMS) shall be supplied. The starter shall be locked out at any time that the bus is being fueled. A starter interlock shall be provided to prevent the starter from cranking, after an idle shut down, until the engine is capable of restarting.

3.8.1 STARTER INTERLOCK The engine starter shall be protected by an interlock that prevents its engagement when the engine is running. RPM signal for starter lockout shall be provided from the electronic engine controller. The bus builder shall determine the optimum strategy (logic and criteria) to lock out the starter for bus engine conditions that may cause a malfunction. The strategy shall take into account the following starter lockout periods for the listed conditions:

After an idle shut down, until the engine is capable of restarting.

Sixty (60) seconds after any 14 seconds cranking

Five (5) seconds between each starting cycle

Five (5) seconds when master run switch is first turned on

New York City Transit - Department of Buses Technical Specification Page TS -62

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

Alternative Starter protection logic may be proposed for review. A telltale light or a message display in the Drivers dashboard shall be provided to indicate starter lockout. The light shall be illuminated when starter is locked out.

3.9 ENGINE AIR INTAKE An easily visible air inlet restriction gauge shall be provided in the engine compartment by the rear engine run box.

3.10 COOLING SYSTEM Temperature of operating fluids on the bus shall be controlled by a cooling system(s). The cooling system shall be sized to maintain fluids at safe, continuous operating temperatures during the most severe operations possible with the engine rated horsepower and with ambient temperatures at 105º F and with a 10% reduction in the radiator core face area. The engine shall be cooled by a water-based, pressure type, cooling system that does not permit boiling or coolant loss during the operations described above. Engine thermostats shall be easily accessible for replacement. All valves shall be heavy-duty quarter-turn ball valves for the entire cooling system. Quarter turn ball valves shall permit complete shutoff of both lines for the heating and defroster units. The valves shall be open when the lever is parallel with the pipe, and off when the lever is perpendicular to the pipe. All low points in the water-based cooling system shall be equipped with drain cocks. Air vent valves shall be fitted at high points in the cooling system. It shall be demonstrated that the system is self-purging during normal operation. The fans for the system shall be electrically driven and controlled to operate only at the required level when the system requires air flow for cooling. The fans shall be brushless and reversible for cleaning of the radiator and Charge Air Cooler (CAC). All connectors for the fans must be water tight connectors routed so that water does not collect. Fans and motors must be easily removable for servicing without the need to remove other components. A sight glass shall be provided at a convenient height to determine satisfactory engine coolant level. As an alternative to a readily accessible sight glass an electronic indicator that indicates a low coolant level may be provided. Access to the sight glass shall be gained by opening an access door. The system components sizing, configuration and layout shall be tested, reviewed and approved by the engine, transmission and hydraulic system manufacturers. The cooling package (Radiator/CAC/Oil Cooler) design, construction and installation shall be durable with a minimum design life of 5 years in the NYCT operating environment. The CAC must meet or exceed the engine manufacturer’s cooling and operating performance specifications.

New York City Transit - Department of Buses Technical Specification Page TS -63

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.10.1 WINTERIZATION

Regardless of the delivery date buses shall be fully winterized with a mixture of 50% water, 50% permanent type antifreeze compatible with NYCT coolant and the inhibitor package the engine manufacturer recommends. Antifreeze shall be new material – not recycled.

3.10.2 COOLANT TREATMENT The engine cooling system shall be equipped with a properly sized Need Release coolant treatment canister with a spin-on, disposable element filter. The filter’s additive package shall be as recommended by engine manufacturer. Lever operated quarter turn ball shutoff valves shall be placed at the filter base or engine block to allow filter replacement without coolant loss.

3.10.3 PRESSURE RELIEF A system to safely release pressure or vacuum in the cooling system shall be provided.

3.10.4 RADIATOR The radiator shall be aluminum core with crimped-on nylon polymer or brazed-on aluminum tanks. Core design shall feature extruded tubes brazed to serpentine or similar shaped fins for maximum heat dissipation. The preferred core design shall be constructed of a stacked bar and plate design with extruded tubes within the plate for coolant to flow through. Tank design shall have molded or cast inlet/outlet tubes. Gaskets shall be a continuous single piece if utilized at the header joints. Gasket material must be compatible with the coolant used. Core and assembly designs shall incorporate structural reinforcements to limit excessive vibration induced movement. The fin count of the radiator core shall not exceed 12 fins per inch. The core matrix must be a square wave or plate fin design with reinforced hemmed edges to prevent damage from power washing and road debris. Side and frame members shall be of stainless steel construction. The cooling package assembly (Radiator/CAC/Oil Cooler) shall be e-coated with a corrosion protective coating capable of meeting a minimum 1,000-hour salt spray test performed in accordance with ASTM B-117. Equivalent testing with magnesium chloride may be proposed. Any alternate proposals for a heavy duty radiator core and tank assembly from the contractor shall be presented to NYCT for review. The design of the radiator shall be such that it tends to prevent or shed dirt build-up from the fin area. No heat-producing component of the bus shall be placed in front of the radiators cooling air inlet. No heat producing components or climate control system components shall be mounted between the engine cooling air intake aperture and the radiator. For maintenance inspections the engine cooling system shall be provided with a

New York City Transit - Department of Buses Technical Specification Page TS -64

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

quick disconnect pressure fitting with a ½” body size that meets dimensional requirements of ISO 7241-1 series B. This fitting shall be mounted in an accessible spot in the engine compartment, convenient for a mechanic to reach from floor level. Radiator door shall be provided with a mesh screen of a size small enough to prevent leaves, paper and the like from being pulled into the radiator core. Radiator door(s) and bumperette(s) shall, when opened, completely expose the radiator core for cleaning. Opening shall be by means of “T-Key”, square locks.

3.10.5 CLAMPS, FITTINGS AND HOSES All fittings in the cooling system shall be stainless steel, cast iron or brass which shall be designed to last the life of the bus without failure due to corrosion. Water hoses shall be silicone hose with 4-ply polyester fabric reinforcement. Hoses shall have been tested to provide for a leak free seal. No barbed fittings are to be used with silicon hoses. All hose connections are to be made to a beaded tube. All hoses shall be protected from engine heat which may cause premature failure. All hose clamps shall be stainless steel, spring tension, rolled edge, constant torque hose clamp or equivalent. All hoses 2 inches or greater in diameter shall have hose clamps 9/16 inch wide. Hose clamps shall not require periodic retightening.

3.11 TRANSMISSION The transmission shall be a multiple speed, automatic electronically controlled shift unit, with electronic transmission fluid level indicator. The transmission shall operate for 100,000 miles in NYCT revenue service without repair or adjustment. The transmission shall operate with synthetic fluid in accordance to the manufacturer’s recommendations. The electronically controlled transmission shall have on-board diagnostic capabilities, be able to monitor functions, store and time stamp out-of-parameter conditions in memory, and communicate faults and vital conditions to service personnel through the IVS and the service status device in the engine compartment and bus operator’s display. The transmission shall contain built-in protection software to guard against severe damage. The on-board diagnostic system shall trigger a visual alarm to the driver when the electronic control unit detects a critical malfunction. Other codes shall be communicated through the IVS. The transmission shall be equipped with software that will optimize the transmission for fuel economy. All features for fuel economy must be enabled. The functionality of these features shall be validated on a test vehicle. Technologies including, but not limited to, shifting the transmission into Neutral when the bus is stopped, and adjusting shift points based on load shall be included in the design. An auto neutral feature triggered by applying the parking brake shall not be supplied. The prognostics feature shall be disabled.

New York City Transit - Department of Buses Technical Specification Page TS -65

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

An electronic transmission fluid level monitoring and protection system shall be provided. The transmission shall be equipped with a low oil indicating device. The device shall be activated when the oil level is close to the add mark on the dipstick. Transmission shall be filled with synthetic transmission fluid and the dipstick shall be sealed into dipstick tube using shrink wrap. Transmission shall be fitted with a transmission oil cooler that will operate for 100,000 miles in NYCT revenue service without repair or adjustments. All transmission fittings are to be checked for leakage. No leakage of any amount will be accepted.

3.11.1 SHIFT AUTHORIZATION Bus shall be equipped with a system that prevents the transmission from shifting from neutral into reverse or any forward gear or from forward into reverse and vice versa, unless the foot brake is applied and sufficient air pressure is available to prevent movement of the bus. A decal describing the operation of the device shall be affixed, to the bus, in the area of the transmission control. Shift authorization system shall conform to the transmission manufacturer’s recommendations.

3.11.2 TRANSMISSION RETARDER Bus shall be equipped with a multiple stage retarder. It shall be set up for 50% application upon release of the accelerator pedal and 100%, as a function of the brake pedal pressure. The retarder configuration shall be easily reconfigurable with appropriately authorized software and laptop. The retarder shall automatically cut-out when the ABS senses a wheel skid. The bus manufacturer shall provide a retarder disable switch, via a guarded “on-off” switch, located on the driver’s console. The retarder shall be disabled when the guard is opened, and activated when the guard is closed. A pilot light, on the dash shall indicate, to the driver that, the retarder is “on” by illuminating. A second indicator light, LED (light shall be “on” when the retarder switch is in the “off” position) that is visible on the left front area of the bus shall indicate, from the outside of the bus, that the bus is being operated with the retarder disabled.

3.12 EXHAUST SYSTEM Exhaust gases and waste heat shall be discharged from the roadside rear corner of the roof. The exhaust pipe shall be of sufficient height to prevent exhaust gases and waste heat from discoloring or causing heat deformation to the bus. The entire exhaust system located in the engine compartment shall be adequately shielded to prevent heat damage to any bus component, including the exhaust after-treatment compartment area. The exhaust outlet shall be designed to minimize rain, snow or water generated from high-pressure washing systems from entering into the exhaust pipe and causing damage

New York City Transit - Department of Buses Technical Specification Page TS -66

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

to the after-treatment. The exhaust outlet configuration shall be designed to reduce the heat of the exhaust and be compatible with NYCT’s exhaust control adapters for operation within the depots. The exhaust system heat shielding shall also prevent heat from being transferred into the passenger compartment. The entire exhaust system from the turbocharger outlet to the final exhaust outlet shall be constructed of stainless steel material. The thermal mapping of the engine compartment shall be provided to validate adequate insulation.

3.12.1 EMISSIONS REQUIREMENT One final configuration bus shall be subjected to a chassis dynamometer test for the evaluation of tailpipe emissions and fuel economy. All testing will be performed in accordance with the SAE J2711 standard using both the ‘Manhattan” and “OCTA’ test cycles. A description of these cycles may be found in the SAE J2711 specification. For non-hybrid buses, the portion of the procedure regarding the corrections for SOC will be ignored. The testing will be conducted with the buses operating on commercially available #2 diesel fuel, which conforms to the ASTM D975 specifications. The test will consist of one “preparation start” to bring the engine, exhaust system, and test apparatus up to operating temperature. This will be followed immediately by 3 successive “hot start” Manhattan cycles, with a 20 minute soak period between each cycle. Data would be collected and analyzed for the 3 hot start tests. The above procedure will be repeated for 3 OCTA cycles. The data will be collected automatically and will measure CO, CO2, NOx, NO2, total hydrocarbons, and PM in grams per mile, and fuel consumption in miles per US gallons. For hybrid buses, the data will be corrected for SOC net gain/loss as per SAE J2711. A report (in English) will be submitted with the test data tabulated in columns for the measured values, with measurements for each individual test cycle along with the averages for each set of 3 cycles. The report should include a detailed summary of the test apparatus and the test procedure that was followed. Estimated ranges of measurement errors should also be included. If this data is available for the same bus, engine, and transmission from previous testing, submission of a report documenting this test with the data specified in the above paragraphs will satisfy this requirement.

New York City Transit - Department of Buses Technical Specification Page TS -67

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

3.12.2 EXHAUST PIPING Exhaust piping and exhaust filters shall be stainless steel and not restrict the underbody clearances defined in the section pertaining to clearances. The muffler shall be of stainless steel construction and mounted with an appropriately heat rated muffler mount. The location shall be away from windows and air intakes for the climate control system to preclude the entrance of fumes into cabin air. The location of the exhaust outlet will not restrict access to compartment doors, or when doors are opened will not cause damage to the doors or panels if the bus is running. If the NYCT standard exhaust system cones do not fit to the exhaust pipe, exhaust adapters that adapt to standard NYCT shop exhaust systems shall be designed and provided. The exhaust piping shall be designed to provide safe operation around trees and other vehicles.

3.12.3 EXHAUST AFTERTREATMENT An exhaust after treatment system will be provided to ensure compliance to all applicable EPA regulations in effect.

3.12.3.1 Diesel Exhaust Fluid Injection If required by the engine manufacturer to meet NOx level requirements specified by EPA, a DEF injection system will be provided. The DEF system will minimally include a tank, an injector, a pump, an ECM and a selective catalytic converter. The tank fill shall be located on the same side and close to the fuel fill. The tanks shall be designed to store DEF in the operating environment described in Section 1.17.7 - Operating Environment. The DEF fluid lines shall be designed to prevent the DEF from freezing. The DEF injection system shall not be damaged from a cold soak at 10 °F.

3.12.3.2 Particulate Aftertreatment The engine shall be provided with a diesel particulate filter (DPF) catalyst system in conformance to the latest EPA requirements. The particulate trap shall regenerate itself automatically through passive and active regeneration if it senses clogging. Regeneration cycles and conditions will be defined by the engine manufacturer. The active regenerative cycle shall be initiated automatically by the engine ECU when the passive regeneration is insufficient to keep the filter clean. The initiation shall not require additional action from the operator. A dash mounted visible indicator light shall indicate when the active regeneration is initiated. The installation of this filter shall require no longer than a 1-hour filter remove and replacement time.

New York City Transit - Department of Buses Technical Specification Page TS -68

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

To prevent hazards caused by the high temperature exhaust during active regeneration a inhibit control strategy shall be implemented. This will comprise of an automatic inhibit via the IVS (details are given in Appendix C1). In-dash LED indicators shall display the status of exhaust regeneration. The control strategy shall be presented by the contractor at the pre production meeting and requires approval by NYCT.

3.13 POWERPLANT SERVICE The powerplant shall be arranged so that accessibility for all routine maintenance is assured. No special tools, other than dollies and hoists, shall be required to remove the powerplant. Two Bus Maintainers shall be able to remove, replace, and prepare the engine and transmission assembly for service in less than 20 total combined man-hours. The muffler, exhaust system, air cleaner, air compressor, starter, alternator, radiator, all accessories, and any other component requiring service or replacement shall be easily removable and independent of the engine and transmission removal.

New York City Transit - Department of Buses Technical Specification Page TS -69

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

4.0 DRIVER CONTROLS

4.1 INSTRUMENTATION

The speedometer, air pressure gauge(s), and certain indicator lights shall be located on the front cowl immediately ahead of the steering wheel. The steering wheel spokes or rim shall not obstruct the driver’s view of the instruments when the steering wheel is in the straight-ahead position. Illumination of the instruments shall be simultaneous with the marker lamps. Glare or reflection in the windshield, side window, or front door windows from the instruments, indicators, or other controls shall be eliminated. Instruments and indicators shall be easily readable in direct sunlight.

4.2 SWITCHES AND CONTROLS

4.2.1 SWITCHES Switches in the driver’s area shall be suitable for transit application and heavy duty environment. Dash and console mounted switches shall be rated at a minimum of IP54, or protected to an equivalent level and floor mounted switches shall be rated at a minimum of IP56. Individual rubber boots shall protect all floor-mounted switches. All control knobs shall be secured with set screws and threadlocker gel on the screw threads before final installation. Driver control area shall include the following identified switches and lights, which are readily and visibly accessible:

Master run switch (see Section 12.15.3 – Master Run Switch)

Start button or switch

Kneel switch

Floor mounted, water, dust and dirt proofed, turn signal switches

Interior lighting switch

Solid state instrument panel lighting intensity control (rocker style)

Passenger chime mute switch

Driver’s area light switch

New York City Transit - Department of Buses Technical Specification Page TS -70

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

Hazard warning switch

Horn button in steering wheel hub (Volume to be consistent and in accordance

with applicable codes). Horn button shall be reviewed by NYCT.

Foot-controlled headlight dimmer switch (water, dust and dirt proofed)

Wheelchair ramp switches, non keyed authorization and operation.

Guarded Emergency override switch labeled as “Emergency Override”. To allow

the bus to start and run for a limited distance in the case of emergency.

Switch to bypass the rear door control (momentary, guarded) (only the operator

controls the rear doors)

Retarder Disable switch (guarded)

Remote curbside mirror control switch (position) no knob or stem

Driver’s booster blower – If applicable

Front dome light Off

Locking rocker switches acceptable in place of guarded switches.

High/low beam Floor (headlight dimmer) switch shall be located adjacent to the

base of the steering column on the bus operator’s platform.

Interior climate control Off/On (guarded “ON”)

Defroster control (Knob to be installed with threadlocker)

Driver’s heater control

Interlock power loss light

Parking/Emergency brake Application valve (Brake activation, not control

activation, is indicated)

Front door dump valve

Gear selector control

Public address system controls

Destination sign controls

Indicator Lights (Diagnostics)

Right turn Signal Control, Floor Switch

New York City Transit - Department of Buses Technical Specification Page TS -71

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

Left turn Signal Control, Floor Switch

Hazard warning (may be common with turn signal indicators)

Exit door open or unlocked indication

Parking brake applied indication

Service brakes applied indication

SBS/Transit switch (Applicable only to Articulated Buses)

Switches are to be installed in compliance with Section 4.2.3. All switches are to be heavy duty, dust and water tight and suitable for a transit application and shall have ingress penetration rating IP 56. Proposed switches shall be reviewed as part of contractor’s proposal. Individual rubber boots shall protect all floor-mounted switches.

4.2.2 CONTROLS AND INDICATORS TO BE PROVIDED Brake pedal with heel rest

Driver’s Door controller shall have all the positions labeled and be operational

without any binding and the hardware torqued and witness marked.

Master door interlock bypass switch (Not readily available to seated Bus Operator

or passengers).

Windshield wipers/washers- the knobs on these switches shall be attached so they

cannot be easily pulled off. If screwed on, they must be installed with threadlocker.

Speed control pedal with heel rest (assembly with steel pivot pin) shall be

provided.

4.2.3 COMPONENT LOCATION

All switches and controls necessary for the operation of the bus shall be conveniently located in the driver’s area and shall be ergonomically designed to provide for ease of operation. The side console shall be insulated with IP56 level of protection, to prevent ingress of water into the underlying contacts of the electrical components installed. The side console and all panels in the driver’s area shall be grounded to prevent any transfer of electrical potential to the driver. Switches and controls shall be within the hand reach envelope described in SAE Recommended Practice J287, Driver Hand Control Reach. Controls shall be located so that passengers cannot access or tamper with control settings. Speed control and brake

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pedals shall be designed for ankle motion. Foot surfaces of the pedals shall be faced with wear-resistant, nonskid, replaceable material. Accelerator pedal travel shall be limited by stops under the pedal. Controls for engine operation shall be closely grouped within the driver’s compartment. These controls include separate master run switch and start switch or button. The door control, kneel control, windshield wiper/washer controls, and run switch shall be in the most convenient driver locations. They shall be identifiable by shape, touch, and markings. Doors shall be operated by a single control, conveniently located and operable in a horizontal plane by the driver’s left hand. The setting of this control shall be easily determined by position and touch and also labeled. Turn signal controls shall be floor-mounted, left foot-controlled, sealed to prevent the entry of water, dirt and dust to IP56 rating, heavy-duty momentary contact switches. All switches and controls shall be permanently marked with easily read identifiers. All panel-mounted switches and controls shall be replaceable. Switches, controls, and instruments shall be dust and water-resistant with an IP56 rating. All switches that are touched by the operator at bus stops will be long life, heavy duty rated. Additionally, switches shall be located such that accidental engagement is minimized during normal operator activities.

4.3 DASH INSTRUMENTS AND CONSOLE BULBS Bulbs shall be long-life LED type and be replaceable without the necessity to remove dash panels. Bulbs shall be replaceable from the driver’s side of the panel. For panel lighting, conductive phosphor lighting is acceptable.

4.3.1 SPEEDOMETER The instrument panel shall include a speedometer indicating 0-80 mph or 0-75 mph in 5-mph increments. The speedometer shall be a rotating pointer type, with a dial deflection of 220 degrees to 270 degrees and 40 mph near the top of the dial. It shall be equipped with a 999,999-mile odometer. A digital readout display with comparable characteristics is acceptable. The speedometer shall be sized and accurate in accordance with SAE Recommended Practice J1226.

4.3.2 AIR PRESSURE GAUGES The instrument panel shall also include air gauges that provide continuous pressure readings for the primary and secondary air circuits. These may be either analog or digital displays.

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4.3.3 VOLTAGE MONITORING DISPLAY Dash shall display voltage to monitor the condition of the charging system.

4.3.4 DEF MONITORING DISPLAY Dash shall display the DEF level to monitor the level of the urea during bus operations.

4.3.5 DASH WIRING The instrument panel and wiring shall be easily accessible for service from the driver’s seat or top of the panel. Wiring shall have sufficient length and be routed to permit service without stretching or chafing the wires.

4.4 ONBOARD DIAGNOSTICS Critical systems or components shall be monitored with a built-in diagnostic system. This diagnostic system shall have visual indicators including a dash mounted LCD screen (2 in. high x 2-1/2 in. wide minimum). The dash mounted screen shall provide diagnostic information, status of faults and operation status to maintainers. This information shall not be readily viewable by the operator during passenger service. The screen shall be provided with a reflectivity filter and shall not project reflections onto the side driver’s window and driver’s compartment area. The diagnostic indicator lamp panel shall be located in clear sight of the driver. The intensity of indicator lamps shall permit easy determination of on/off status in bright sunlight without causing distraction or visibility problems at other times. Indicators and exterior lights shall have a method of testing their proper operation. This shall be accomplished thru an operational sequence that powers all indicators and exterior lights. Sensors shall be preferably closed circuit type. Failure of the circuit and/or sensor shall activate the indicator. An audible alarm shall be loud enough for the driver to be aware of its operation and be inclined to discontinue operation of the bus. Malfunction and other indicators shall be supplied on all buses. Incandescent bulbs shall have a minimum average bulb life of 5,000 lit hours when used in transit applications. LED indicator lights are preferred. Space shall be provided on the panel for future additions of no less than 3 indicators.

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4.4.1 VISIBLE INDICATORS

VISIBLE INDICATOR AUDIBLE ALARM

FUNCTION

HOT ENGINE YES HIGH COOLANT TEMPERATURE LOW WATER YES COOLANT LEVEL IS LOW LOW AIR YES AIR SYSTEM PRESSURE IS LOW IN PRIMARY OR

SECONDARY RESERVOIRS CHARGING SYSTEM NO ALTERNATOR NOT CHARGING KNEEL YES KNEELING SYSTEM ACTIVATED LOW ENGINE OIL PRESSURE

NO LOW OIL PRESSURE

A/C FAIL with fan icon NO A/C COMPRESSOR IS OFF AT HI/LO SWITCH FIRE YES – SHALL BE A BELL (OR BUZZER) THAT IS SEPARATE AND

DISTINGUISHABLE FROM ALL OTHER ALARMS EXCEPT ACTIVATION OF THE FIRE SUPPRESSION SYSTEM

DOOR ALARM LIGHT YES Indicates that rear doors are unlocked when should be locked (Doors may be open).

DOOR LOW AIR YES Low air in the interlock brake system (IV or EIV) DOOR POWER FAILURE

YES No power to IV or EIV solenoid or no power to Door Control Module

REAR DOOR ACTIVATION FAILURE

NO Indicates that the passenger rear door acoustic sensor is not operating.

SPEED SWITCH YES DOOR CONTROLLER IN “DOORS OPEN” POSITION OVER 2 MPH

THROTTLE MALFUNCTION

NO When the door interlock system fails to disable the accelerator pedal (throttle)

STOP ENGINE YES CHECK ENGINE NO Exhaust Regen On NO Indicates High Exhaust Temperature- DPF in Active regenerative

mode Exhaust Regen Off

NO If steady on: indicates the regeneration is inhibited by IVS. If flashing: IVS malfunction. In this condition the active regeneration is constantly inhibited.

NETWORK FAILURE NO Communication failure is detected in a Multiplex module MAIN SET YES Maintenance set: when either door panel sensor detector close but

the door are actually fully open conflict in door panel sensing indicators.

WAIT TO START NO Illuminated at any instance of starter lockout (3.8.1) DEF Level NO On solid if level is between 5% and 10%. Flashing if level is below

5%. It may flash in conjunction with the check engine and/or stop engine lights (see engine manufacturer recommendations).

Parking Brake Not Applied ( Audible Alarm Only)

YES An alarm will sound if the bus is turned “OFF” without applying the parking brake

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4.5 DRIVER’S AREA SWITCH AND CONTROL GUIDE The contractor shall supply an operator’s quick guide informational handout for operator familiarization in quantities as required in the Terms and Conditions. The quick guide shall be a color cardstock foldout showing and identifying all the controls and switches that the operator will use. This shall include foot switches, console controls, buttons and dash switches, overhead switches (if provided) and lift controls. In addition, the dash panel gauges and telltale lights shall be identified.

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5.0 DRIVER’S AREA

5.1 DRIVER’S SEAT

The driver's seat shall be comfortable and adjustable so that persons ranging in size from the 95th percentile male to the 5th percentile female may operate the bus. Driver’s seat shall be air suspension type with dampening features that limit bouncing. Driver’s seat shall be mounted centered (±0.5 inches) with the steering column. Fore and aft slides shall provide a minimum of 9 inches of adjustment. The driver's seat cushion shall have a minimum width of 18 inches, a length of 16 to 18 inches, and rearward slope of 5 + 5 degrees. The driver's seat back height, measured from the point of intersection of the uncompressed seat cushion with the seat back to the top of the back, shall be 20 + 2 inches. The angles formed between the seat back and the seat cushion shall be adjustable in the range of 95 to 110 degrees. Height of the seat shall be adjustable so that the distance between the top of the uncompressed seat cushion and the floor may vary between 17 and 21 inches. The seat shall be adjustable forward and rearward for a minimum travel of 4 inches. While seated, the driver shall be able to make all of these adjustments by hand without complexity, excessive effort or being pinched. Adjustment mechanisms shall hold the adjustments and shall not be subject to inadvertent changes. Driver’s seat shall be air suspension type, air lumbar, high back recline with hard plastic back. Seat shall be upholstered with all cloth. No headrest or armrest shall be provided. Seats shall not have the insignia or name of the manufacturer in a visible location. Driver’s seats shall not have glued in air fittings at any area of the control assembly. All air lines shall be properly supported and routed to prevent chafing between each other and any structure.

5.1.1 STRUCTURE AND MATERIALS The seating area of the driver’s seat shall be completely upholstered with black fabric. Seat air control valves shall be of metal construction, not plastic, but switches may be plastic. The air supply line shall be supplied with a bulkhead connector and air shut–off valve. Exposed areas of the air supply line shall be provided with a steel braided line.

5.2 SEAT BELT Seat belt shall be at least 70 inches long when extended; including the buckles (measured from the attachment points). If space permits seat shall be fitted with dual retracting mechanisms. Belts shall be fastened to the seat to permit seat height

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adjustment without resetting the seat belt. The retraction or release of the seatbelt will not cause the belt or latch to damage any part of the bus including switches or controls.

5.3 DRIVER’S PERSONAL STORAGE BOX Contractor shall provide a lockable storage box for the driver’s personal belongings. The box shall be located as close to the driver as possible and have a 1.5 cubic foot minimum capacity. The lock shall accept key code #0C00.

5.4 DOOR(S) CONTROL Operation of, and power to, the passenger doors shall be completely controlled by the driver, under non-emergency conditions. A control or valve in the driver’s compartment shall shut off the power to, and/or vent the air power from, the front door mechanism to permit manual operation of the front door with the bus shut down. A master door switch, which is not within reach of the seated driver, shall when set in the “Off” position close and lock the rear doors, deactivate the rear door control system, release the interlocks and permit normal operation of the front doors. Front door “dump switch” shall be accessible to the bus operator; it shall not be within the grasp of passengers. All air lines going to these switches must be properly protected from chafing. Grommets shall be used in all areas where the lines pass through any structure. The system shall comply with the applicable communication protocol requirements to properly interface with the IVS and shall provide performance signals as outlined in Appendix C1.

5.5 DOOR INTERLOCK An accelerator interlock shall lock out the accelerator in the engine idle position and a brake interlock shall engage a portion of the service brake system when the rear door control is activated, to prevent movement of the bus. The adjustment device shall be enclosed in tamperproof housing, if located inside the bus. This interlock system shall remain engaged anytime the rear doors are open regardless of door controller position. A positive brake application of 20-30 psi shall be required to engage or to disengage the interlock system. Sufficient pressure shall be delivered to the service brakes to prevent movement of the bus. All control components and the electronics of the system shall be suitable for use in a transit heavy-duty application and shall be installed such that they are not subjected to environmental conditions.

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6.0 MIRRORS

6.1 INTERIOR MIRRORS

Mirrors shall be provided for the bus operator to observe passengers throughout the bus without leaving his seat and without shoulder movement. At a minimum the following mirrors shall be provided:

Overhead center mirror

Relay mirror

Front door (overhead) mirror

Exit door area mirror

The overhead center mirror shall be mounted under the front destination sign enclosure to allow the operator to view the curb side roadway alongside the bus. The mounting shall be ball and socket type to allow full mirror adjustability. The relay mirror shall be mounted on or adjacent to the curb side front destination sign enclosure to allow the operator to view the rear door area(s). This image will be reflected by the exit door mirror(s). A mirror shall be provided above the front doors, for use by the bus operator to determine that the front door is clear of passengers. The exit door area mirror shall be a 12-inch convex mirror installed to determine that the exit door is clear of passengers. The rim shall have a rubber protective sheath to cover the mirror’s edge, retained by metal clips. All interior mirrors shall be mounted with elastic stop nuts or appropriate locking hardware. With a full standee load, including standees in the vestibule, the driver shall be able to observe passengers in the front and rear door areas, anywhere in the aisle, and in the rear seats. The relay mirror and the 12-inch rear door mirror shall be second surface. Inside mirrors shall not block the operator’s view of the curb side exterior mirror. NYCT shall approve mirror manufacturers and models, mirror field of view, adjustability and placement after a physical evaluation and road test. A list of mirror manufacturers and models in use at NYCT are provided in Appendix A.

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6.2 EXTERIOR MIRRORS The bus shall be furnished with exterior rearview mirrors that are constructed of plate glass and corrosion-resistant metal or high impact resistant plastic shells. The curbside shall be a single head split glass type (flat over convex) and electrically operated. The roadside mirror shall be a single head, full flat type, manually operated if reachable and adjustable by the driver in the seated position; if a manual mirror is not practicable then the roadside mirror shall be electrically operated. The curbside rearview mirror shall be mounted so that its lower edge is at least 80 inches above the street surface. It shall provide visibility of the mirror through the right side of the windshield. The curbside mirror shall be mounted on the front windshield/front door area structure and not on the front passenger door. Mirrors shall be firmly attached to the bus with studs or tapping plates. In no circumstance of bus operation shall the mirror vibrate or lose adjustment. Striking the mirror assembly shall not cause damage to the bus body or the bus’s structure. For remote controlled mirrors the location of the heavy duty toggle type control switch mechanisms (rated at IP56 protection) shall be within reach of a seated operator. The switch orientation shall be such that the movement of the switch moves the mirror in the same relative direction. The mechanism shall not be damaged (which shall include “blown” fuses), in any way, by holding “in” the adjusting switch(es). Roadside and Curbside mirrors shall meet the requirements of FMVSS 111 and shall not protrude more than 10 inches from either side of the bus when measured to the widest body (hard surface) portion of the bus. Mirrors shall be located to permit viewing rear wheel areas, roadway and/or sidewalk along both sides of the bus. The curbside rear wheel area shall remain visible with the front door open. Mirrors shall retract or fold sufficiently to allow bus washing operations and shall be equipped with a stop that prevents damage to bus body or glass. Mirror frame design shall be such that the bus wash brushes will not become entangled in the mirror frame and cause damage. The mirrors shall not be damaged by any of NYCT’s automatic bus washing equipment. A full mirror review will be conducted on a review bus to confirm conformance of the mirrors for application including functionality and ruggedness through the bus wash systems. Mirror manufacturer, field of view, adjustability and placement shall be reviewed and approved by NYCT Training Dept. Personnel after a physical evaluation and road test. A list of mirror manufacturers and models in use at NYCT are provided in Appendix A.

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7.0 PASSENGER SEATS A complete test report of all testing conducted by the seat manufacturer is to be submitted prior to NTP. Sufficient testing of seat mounting arrangement shall be conducted and documented to assure 12 year design life without failure. All passenger seat mounting bolts (T-bolts if used) are to be provided with a scribe line which will indicate that the bolts are properly inserted and are in the fully locked position (line facing 12 O’clock). This scribe line must be visible with the seat installed. Use of acorn style nuts is prohibited. All nuts/hardware holding the seat frames to the wall and holding the seats to the cantilever frames are to be torqued, witness marked and installed with a flat hardened washer and nylock nut, or other positive locking hardware as approved by NYCT.

7.1 ARRANGEMENTS The bus manufacturer shall furnish multiple seating plans with the proposal for NYCT review. The seating arrangement should provide the number of seats with consideration for passenger flow and indicate the total square footage of free floor space and the number of standees under the following conditions:

The bus shall include two wheel chair positions.

Forward of rear exit door, 2 x 1 seating (double seats curbside, single seats on the

road side).

Wheelchair seats shall be arranged to provide for adequate space while

maximizing the seating available.

Aft of the rear exit door, 2 x 2 seating shall be provided to the extent practicable.

The use of forward facing seats must be maximized. Forward of the rear exit door,

perimeter seating will only be allowed to accommodate the wheel chair positions,

or if forward facing seats are impractical.

The rear settee shall provide sufficient shoulder space between each seat for

seated passengers. Spacers between seated positions and to the walls shall be

provided.

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Transverse seats shall provide a minimum of 1-1/2 inch of shoulder space to the

sidewall.

NYCT shall approve the passenger seating layout. The selected seating plan shall be made part of the contract.

7.1.1 HIP-TO-KNEE Hip-to-knee room measured from the center of the seating position, from the front of one seat back horizontally across the highest part of the seat to vertical surface immediately in front, shall be a minimum of 26 in. At all seating positions in paired transverse seats immediately behind other seating positions, hip-to-knee room shall be no less than 27 in.

7.1.2 FOOT ROOM Foot room, measured at the floor forward from a point vertically below the front of the seat cushion, shall be no less than 14 in. Seats immediately behind the wheel housings and modesty panels may have foot room reduced to no less than 10.5 in.

7.1.3 SEATING BARRIERS W/C Passenger seating barriers shall be provided on the lower level of the bus between the flip up seats and the forward facing seats. A wider barrier shall be provided on the curbside of the bus forward of the two passenger transverse seating to provide for isolation of the wheelchair passenger and seated passengers immediately behind. A narrower barrier shall be provided on the roadside of the bus, forward of the single passenger transverse seating. The mounting of the barriers to the floor shall be such that they do not impinge into the space provided for the wheelchair parking area through protrusion of angle brackets or feet. The legs of the barriers shall include guards to protect the W/C restraints that are mounted to the legs from kicking and tampering from behind. Release cables shall be enclosed in and under the barrier. The tops of the barriers shall include a grab handle of similar design as provided for the seat back handholds on the forward facing seats.

7.1.4 AISLE The aisle between the transverse forward facing seats shall be no less than 20 inches wide at seated passenger hip height. Seat backs shall be shaped to increase this dimension to no less than 24 inches at 32 inches above the floor (standing passenger hip height).

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7.2 SEAT STRUCTURE AND DESIGN Thickness of the transverse seat backs shall be minimized to increase passenger knee room and bus capacity. With the exception of longitudinal flip-up seats, the area between the longitudinal seat backs and the attachment to the bus sidewall shall be enclosed on top and sides to prevent debris accumulation. The seat height (measured to the highest part of the seat) shall be 17 ± 1 inch. The flip- up seat height shall be 18” (+1/2”, -1”). For the rear lounge (or settee) and longitudinal seats, and seats located above raised areas for storage of under floor components, a cushion height of up to 18 ±2 inches will be allowed. This shall also be allowed for limited transverse seats, but only with approval of the NYCT Program Manager. The transverse seat structure shall be fully cantilevered from the sidewall with sufficient strength for the intended service. The lowest part of the 2 passenger cantilevered seat assembly that is within 12 inches of the aisle shall be at least 10 inches above the floor. The seat mounting rails between the cantilevered seats shall be fitted with a removable molding, which shall prevent accumulation of dirt, debris and water.

7.2.1 FLIP-UP SEATS Flip-up passenger seats shall be designed and constructed so that the seats shall lock in the up and down positions. The locking mechanism shall not be a load bearing component when the seat is in the ‘Down’ position. The release mechanism to flip the seat shall be placed on the side closest to the wheel well of aisle facing seats. Where approved, forward facing flip up seats shall have the release mechanism on the aisle side of the seat. The passenger seat frame and its supporting structure shall be constructed and mounted so that space under the seat is maximized to increase wheelchair maneuvering room and be completely free of obstructions to facilitate cleaning.

7.2.2 SEAT BACK HANDHOLDS The back of each transverse seat shall incorporate a stainless steel handhold no less than 0.875 inches in diameter for standees and seat access/egress. The handhold shall not be a safety hazard during severe deceleration. The handhold shall extend above the seat back near (but not extend into) the aisle so that standees shall have a convenient vertical assist no less than 4 inches long that can be grasped with the full hand. This handhold shall not cause a standee using this assist to interfere with a seated 50th-percentile male passenger. The handhold shall also be usable by a 5th-percentile female, as well as by larger passengers, to assist with seat access/egress for either transverse seating position. During a 10g deceleration of the bus, the HIC number (as defined by SAE Standard J211a) shall not exceed 400 for passengers ranging in size from a 5th percentile female through a 95th percentile male. The seat back handhold may be deleted from seats that do not have another transverse seat directly behind and where a

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vertical assist is provided. Longitudinal fixed seats shall be the same general design as transverse seats without seat back handholds. The longitudinal flip up seats at the W/C parking area shall include a stainless steel seat back handhold that can be conveniently grasped by the W/C passenger when secured in the parking area. The handhold shall extend from the middle of the first seat to the middle of the third flip up seat. The handhold shall not interfere with the operation of the window emergency egress and shall provide sufficient knuckle clearance (1-1/2 inches minimum).

7.2.3 ARMRESTS Armrests shall not be included in the design of transverse seats. Longitudinal seats may be mounted on and secured to the wheelhouses. No forward facing seat backs shall touch a longitudinal seat. Any gaps shall not exceed a ¼-inch unless the gap is intended as a handhold where the minimum knuckle clearance requirement shall be met. No seat shall touch any modesty panel. Armrests shall be included on the ends of each set of longitudinal seats except on the forward end of a seat set that is immediately to the rear of a transverse seat, the driver’s barrier or a modesty panel and these fixtures perform the function of restraining the passenger from sliding forward off the seat. Armrests are not required on longitudinal seats located in the wheelchair parking area that fold up when the armrest on the adjacent fixed longitudinal seat is within 3.5 inches of the end of the seat cushion. Armrests shall extend from 7.0 to 9.0 inches above the seat cushion surface. The top and sides of the armrests shall have a minimum width of 1.0 inches and shall be free from sharp protrusions that form a safety hazard. Soft padded armrests shall not be utilized.

7.2.4 SEATING SYSTEMS TESTS All transverse objects — including seat backs, modesty panels, and longitudinal seats — in front of forward-facing seats shall not impart a compressive load in excess of 1000 lbs onto the femur of passengers ranging in size from a 5th-percentile female to a 95th-percentile male during a 10g deceleration of the bus. This deceleration shall peak at 0.05 to 0.015 seconds from initiation. Permanent deformation of the seat resulting from two 95th-percentile males striking the seat back during this 10g deceleration shall not exceed 2 in., measured at the aisle side of the seat frame at seat cushion height. The seat back should not deflect more than 14 in., measured at the top of the seat back, in a controlled manner to minimize passenger injury. Structural failure of any part of the seat or sidewall shall not introduce a laceration hazard. The seat assembly shall withstand static vertical forces of 500 lbs applied to the top of the seat cushion in each seating position with less than ¼-in. permanent deformation in the seat or its mountings. The seat assembly shall withstand static horizontal forces of 500 lbs evenly distributed along the top of the seat back with less than ¼-in. permanent

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deformation in the seat or its mountings. The seat backs at the aisle position and at the window position shall withstand repeated impacts of two 40-lb sandbags without visible deterioration. One sandbag shall strike the front 40,000 times and the other sandbag shall strike the rear 40,000 times. Each sandbag shall be suspended on a 36-in. pendulum and shall strike the seat back 10,000 times each from distances of 6, 8, 10 and 12 in. Seats at both seating positions shall withstand 4000 vertical drops of a 40-lb sandbag without visible deterioration. The sandbag shall be dropped 1000 times each from heights of 6, 8, 10 and 12 in. Seat cushions shall withstand 100,000 randomly positioned 3½-in. drops of a squirming, 150-lb, smooth-surfaced, buttocks-shaped striker with only minimal wear on the seat covering and no failures to seat structure or cushion suspension components. Seat back handhold and armrests shall withstand static horizontal and vertical forces of 250 lbs applied anywhere along their length with less than ¼-in. permanent deformation. Seat back handhold and armrests shall withstand 25,000 impacts in each direction of a horizontal force of 125 lbs with less than ¼-in. permanent deformation and without visible deterioration.

7.3 CONSTRUCTION AND MATERIALS Seats shall be manufactured by American Seating, Freedman Seating or NYCT approved equal. Seat shell and insert color shall be consistent throughout the seat material, with no visually exposed portion painted. The manufacturer shall supply a floor plan of the seating area and available options for NYCT approval prior to start of production. These drawings shall include the details of the flip up seats, the barriers, passenger assist placement, W/C passenger restraints and mounting to the walls. All exposed metal of the cantilever frame seat structure shall be dark neutral powder coated carbon steel or stainless steel. The mounting brackets to the sidewalls of the bus shall be stainless steel. The seats shall be contoured for individuality, lateral support, and maximum comfort and shall fit the framework to reduce exposed edges. The seat back thickness shall not exceed 1-inch in the knee room area. The seat forward of a seated passenger shall absorb energy in a severe crash by allowing the passenger’s knees to deform the seat back. All materials used in the construction of passenger seats shall be in compliance with FMVSS 302. Seat assemblies shall be interchangeable to the extent practicable. The upper rear portion of the seat back and the upper rear surface of the modesty panels located immediately forward of transverse seats shall be constructed of energy absorbing materials to provide passenger head protection. Protection shall be afforded to

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passengers ranging in size from a 6-year old child to a 95th percentile male to prevent injury of more than 400 HIC during a 10g deceleration. The minimum radius of any part of the seat back, handhold or modesty panel in the head or chest impact zone shall be a nominal ¼-inch. Crash requirement shall be met without the use of readily vandalized material or pads on the back portion of the seat.

7.3.1 HARD SEAT INSERTS American Seating model #6468, American Seating - Metropolitan Fiberglass, and Freedman “Angel” model seats are acceptable. Seat shell color shall be 980 Gray or Gray RAL 7037. The color and pattern of the insert shall be 989 Blue or Blue RAL 5105. The bottom insert shall be fitted with a riveted drain hole. This drain hole shall be ¼-inch after riveting. Onserts for molded seats shall match the insert color.

7.3.1.1 Insert Attachment The attachment of the vandal resistant hard seat insert to the shell shall be facilitated by using two (2) steel threaded studs and two (2) large headed bolts. The seat shall have compatible hardware for the installation of the inserts: retaining clips for the threaded studs and keyhole slots for the bolts. All mounting hardware shall be in accordance with the seating manufacturer’s specifications and shall prevent movement of the inserts in service. The insert shall fit securely without shifting or producing noise when a passenger is sitting. It shall also have a minimal established clearance between the insert and shell which shall be maintained uniformly for all seats.

7.4 WHEELCHAIR PASSENGER RESTRAINTS Securing devices for two passengers in wheelchairs shall be provided adjacent to the boarding device. Securing devices shall be ADA compliant as previously tested and/or approved by NYCT. The lap and shoulder occupant restraint systems shall be provided with standard male into female terminations. The restraint belts shall be released via a button on the female termination. Seat belts shall be of sufficient length to accommodate passengers in electric powered wheelchairs and shall have a minimum useful length of 80 inches. The shoulder belt mounting position shall be pillar mounted as a default. If the seating configuration does not allow for the convenient placement of the restraint at the pillar, the shoulder belt anchoring position shall be mounted to a bar placed across the window at the parking location.

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8.0 REAR DOOR INTERLOCK REQUIREMENTS

Rear doors shall be equipped with a solid-state logic controlled interlock system. Purpose of system: Visibility of the rear exit doors and surrounding area is limited at times, due to bus loading conditions and other factors. The system shall at all times ensure the safety of and prevent injury to any person(s) using the rear door. Buses shall be provided with an interlocking system for the rear door, which sets the rear brakes, disables the engine’s accelerator controls and absolutely prevents movement of the bus when the interlock has been set by normal means or a circumstance exists, which might cause injury to a person. Built in redundancy shall prevent the system from becoming unsafe while a single point failure exists anywhere within the system. The driver’s door controller must electrically control a solenoid valve to apply air at the door for door operation. All pneumatic functions of the door control and interlock system shall be designed not to require any adjustment to the air pressure during the first year of revenue service. The opening of rear doors shall be authorized by the bus operator and capable of being opened by operator via door controller or by passengers by a no touch acoustic sensor. The operator mode shall be selectable by a switch mounted on the driver’s console. An audible alarm shall sound whenever the rear door is opened or attempted to be opened when rear doors are not powered. Doors shall automatically close when the operator has authorized closing and no person is exiting the doorway, in close proximity or has their hand on the door assist. The acoustic sensors shall detect this condition and allow for door closure. Doors shall not open until the bus is stopped and the brake interlock is engaged. To preclude movement of the bus, an accelerator interlock shall lock the accelerator in the closed position and a brake interlock shall engage the service brake system when the front and/or the rear door control is activated. The braking effort required to release or apply the interlock shall be adjustable with hand tools. The rear door control logic shall have date and time stamp capability for fault logging.

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8.1 OPERATIONAL REQUIREMENTS OF THE SYSTEM

Power opening of the rear doors shall be activated by an acoustic sensing system that does not require electro-mechanical switch for passenger actuation. The system shall have features that require the driver to make a positive brake application to set and to release the brake and accelerator interlock; the option of the “no floor feature” should be set to “ON”. At speeds above two (2) MPH, movement of the door control handle to the “rear door authorized” position shall cause the speed alarm to sound. The interlock shall not activate. The system shall prevent any movement of the bus in the event that a person has become trapped in the doors. All Door Control Module (DCM) interface and power circuits shall comply with the supplier’s guidelines. The DCM and door operation assembly (baseplate) shall be direct wired by an unbroken harness to each other. The system shall sense the actual position of the door panels. Sensors shall be designed to prevent erroneous activation of the interlock. Momentary vibrations of door panels shall not activate interlock. The rear brake and accelerator interlock shall apply within two seconds, when the system senses an open door panel, while the bus is moving at speeds above two miles per hour. At speeds below two miles per hour the rear brake and accelerator interlock shall apply immediately when the system senses an open door panel. During operation of the wheel chair ramp, the interlock shall apply and remain applied until the operation is complete, the wheel chair ramp is fully stowed and turned off and a brake application is made. An interlock cluster assembled from components as listed in Appendix A shall be supplied and integrated into the system. The interlock system shall be provided with double check valves of a rolling ball design, constructed of brass or stainless steel. All interlock solenoids and valves must be as listed in Appendix A.

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Rear Door Interlock Truth Table Inputs Outputs Panel Open

>2 MPH

Buzzer Interlocks

YES YES

YES NO

YES YES

YES-CONTROLLED STOP AFTER 2 SECONDS YES-IMMEDIATELY

Controlled stop is defined as: above 2 MPH, only 33 PSI brake is applied; below 2 MPH, 50 PSI brakes are applied. Signaling shall be by means of electronic strain gauge type pressure transducers, with appropriate ancillary electronics – there shall be no electro-mechanical switch type devices used for sensing or signaling purposes. An air pressure test port, with brass plug, shall be located at each transducer installed. Glossary of Terms used in this section:

DOBI: Door operated brake interlock

Rear door interlock: A device that prevents injury to passengers by applying the

brakes of the bus to prevent movement and by disabling the engine accelerator

control.

Non-Volatile: Capable of retaining memory for at least 30 calendar days.

Object: A passenger, any part of a passengers clothing, anything carried by a

passenger.

System: All or any discrete part of the rear door interlock.

Basic System: Solid-state system with self-diagnostic capabilities, 30-day non-

volatile memory and 5-year battery life.

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9.0 AIR SYSTEM

The braking system shall conform to FMVSS 121. The engine-driven air compressor shall be sized to charge the air system from 40 psi to the governor cutoff pressure in less than 3 minutes while not exceeding the fast idle speed setting of the engine. Air system components shall be completely compatible with the environment that they operate within. Loss of sufficient air in the brake system shall cause the automatic application of the spring applied emergency brake, which shall require a positive action to release. Emergency brake systems that passively reset are not acceptable. The use of exhaust valve silencers in the air system shall be utilized where practicable and available, for brake release, kneeling and air dryer exhausts.

9.1 AIR COMPRESSORS The air compressor shall be as approved by the engine supplier and designed to operate on the NYCT duty cycle. If required by the compressor manufacturer the supply air shall be conditioned before entering the compressor. The volume of air supplied to the air compressor shall not degrade the performance of the engine in any way. Air filtration shall be common with the engine’s air filter.

9.1.1 COMPRESSOR INLET The air compressor inlet tube shall be swaged to retain the intake hose.

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9.2 AIR LINES

Except for necessary flexible lines, air lines shall conform to the installation and material requirements of SAE Standard J844-Type 1 for copper tubing with standard, brass, flared or ball sleeve fittings, or SAE Standard J844-Type 3B for nylon tubing if not subject to temperatures over 200 °F. Accessory and other non-critical lines may use Type 3A tubing. Nylon tubing shall be installed in accordance with the following color-coding standards:

Green Indicates primary brakes and supply Red Indicates secondary brakes Brown Indicates parking brake Yellow Indicates compressor governor signal Gray Indicates accelerator (if used) Black Indicates accessories

Line supports shall eliminate flexing, tension strain, and vibration. Lines shall not touch one another or chafe against any component of the bus. Lines shall be pre-bent on a fixture that prevents tube flattening or strain. Lines shall be bent only once at any point, including pre-bending and installation. Rigid lines shall be grouped and shall be supported at intervals, not to exceed 2.5 feet. The compressor discharge line shall be flexible convoluted copper or stainless steel line, or shall be flexible Teflon with a braided stainless steel jacket followed by seamless copper lines to the air dryer. Other lines necessary to maintain system reliability shall be flexible Teflon hoses with a braided stainless steel jacket. End fittings shall be standard SAE or JIC brass or steel, reusable, swivel type fittings. Flexible hoses shall be as short as practicable and individually supported. They shall not touch one another or chafe any other part of the bus. Flexible lines shall be supported at 2.5-foot intervals or as approved by NYCT on the configuration bus. Air lines shall be cleaned and blown out before installation and shall be installed to eliminate the leakage of air. Air lines shall be sloped toward a reservoir, where feasible and routed to eliminate water traps. Grommets shall protect the air lines at all points where they pass through other components. Air lines routed near high temperature engine areas must be designed to withstand hot exhaust leaks. The use of tie-wraps shall be minimized. The Contractor shall provide justification for use of tie-wraps.

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9.3 LEAK DOWN RATE For a period of not less than 72 hours after engine shut down the following requirements shall be met:

The service and emergency brakes shall be fully operational

The suspension shall maintain full ride height

This shall be confirmed by a test on the pilot bus. A production leak down test shall be developed for production vehicles to confirm that each production bus has equivalent air integrity.

9.4 AIR RESERVOIRS All air reservoirs shall meet the requirements of SAE Standard J10 and shall be equipped with clean-out plugs and drain valves. Alternatively for the case of roof mounted air reservoirs, manual drain valves shall be provided at the lower edge of the vehicle. Structural members shall protect valves and other components of the bus’ air system from damage by road hazards. Air reservoirs shall slope towards the drain valve to assure the valve eliminates that condensate.

9.5 PRESSURE RELIEF VALVES The air system shall be protected by a pressure relief valve set at 150 psi (integral to the air dryer) and a standalone 175 psi safety pressure relief valve in the discharge line after the compressor and before the cooling coil, or on the muffler tank; and shall be equipped with check valves and pressure protection valves to guarantee partial operation in case of line failures.

9.6 AIR DRYER The bus shall be equipped with dual desiccant canister 24 volt, air dryer(s) that is rated for transit bus applications and sized to meet all the requirements of the air system with an integral 150 psi pressure relief valve. Dryer purge cycle time shall be compatible with the air compressor unload time to provide for the elimination of moisture and contaminants from the air system. No other bus equipment shall require removal to service the air dryer. A Bus Maintainer “B” shall replace the desiccant in less than 15 minutes. Dryer installation shall conform to OEM manufacturer’s recommendations.

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9.7 OIL AND WATER SEPARATOR

Each bus’ air system shall be equipped with an oil and water separator system as follows: One main centrifugal oil and water condenser with an automatic drain valve

located in the main line ahead of the desiccant air dryer and near the air

compressor in a lower heat environment. The Consep valve meets this

requirement.

9.8 SHOP AIR CONNECTION Each bus shall be fitted with front and rear shop air connections with quarter-turn ball valves. These connectors will terminate with fittings that are compatible with existing NYCT air line fittings. The rear shop air connection shall be directly connected to the supply (wet) tank with a check valve instead of going through the air dryer. In addition an additional check valve shall be installed in the main supply line from the air dryer to the supply (wet) tank to prevent shop air from back feeding into air dryer.

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10.0 BRAKES AND WHEELS

Service brakes shall be controlled and actuated by an air system. Force to activate the brake pedal control shall be an essentially linear function of the bus deceleration rate and shall not exceed 70 pounds at a point 7 inches above the heel point of the pedal to achieve maximum emergency braking. All brakes shall be fully automatic, self-adjusting, pneumatically-powered disc brakes. The system shall include calipers fitted with automatic slack adjusters. Automatic slack adjusters shall carry the full warranty of the manufacturer. After installation on the bus, all slacks will be adjusted in accordance with the slack manufacturer’s recommendations and/or guidelines. The system shall be compliant with FMVSS 121 and with the requirements set forth in Appendix A-9. The service brake system shall be provided with double check valves of a shuttle type design, constructed of brass or stainless steel, as listed in Appendix A.

10.1 FRICTION MATERIAL The entire service brake system, including friction material, shall have a replacement life of at least 18,000 miles in NYCT service. The Contractor shall provide non-asbestos brake lining material. An electronic brake pad wear indication system shall be provided. The system shall provide an indication to maintenance personnel that the brake pads should be scheduled for an inspection. The actual measurement data should be available and be communicated to the IVS system. Physical or visual indication of the brake lining wear status shall also be provided for inspection without pulling the wheels.

10.2 WHEELS AND TIRES Wheels shall be steel, hub piloted, and integral formed drop center construction. Wheels shall be powder coated white. All wheels shall be interchangeable and shall be removable without a puller. Wheels shall be compatible with tires in size and load-carrying capacity. All wheels and tires shall be balanced as an assembly. After final assembly the bus shall be completely aligned. Buses furnished under this specification shall be capable of being operated in the described service area with steel belted radial (SBR) ply tires. At NYCT’s post-delivery inspection (PDI), the bus builder shall verify that all wheel lug nuts are properly torqued to manufacturers’ specified torque value and all lug nuts are torque marked. The bus builder shall provide and install loose wheel nut indicator flags (Reference Appendix A). The indicator flags shall be high temperature orange. The

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installation of the flags shall be such that each flag pointer is oriented towards the center of the next adjacent stud.

10.2.1 HUBODOMETER The bus builder shall supply and install a 520 revolution per mile mechanical hubodometer (builder to confirm this is the appropriate model for tire size used) on the curbside right rear wheel closest to the fuel fill. The hubodometer shall be hermetically sealed and non-orbiting with a magnifying crystal that enlarges digits and angles up for easier readings. The hubodometer shall be mounted to the wheel using a stainless steel bracket.

10.3 WHEEL HUBS Wheel bearing seals shall run on replaceable wear surfaces. Wheel bearing and hub seals shall not leak or weep lubricant for 100,000 miles of NYCT service. All bearing cavities shall be packed with Synthetic Lithium complex, multi-purpose NLGI #2 wheel bearing grease. Oil filled hubs are acceptable as an alternative and shall be filled with synthetic gear oil per Appendix A.

10.4 EMERGENCY/PARKING BRAKE Spring actuated emergency brakes shall apply when air drops below serviceable level and shall have a means to positively retain the caging device with the chamber. Parking/Emergency control shall not be accessible from an open window. Parking/Emergency control shall be equipped with a yellow powder coated diamond shaped metal knob (no plastic knobs). A roll pin shall be used to secure the parking/ emergency control knob. Parking brake shall have an alarm that sounds for a minimum of 5 minute time period if the bus is shut off and the park brake is not applied. A decal shall be placed in the driver’s dash area advising of the need to set the parking brake or alarm will sound.

10.5 ANTI-SKID BRAKING SYSTEM (ABS)/ AUTOMATIC TRACTION CONTROL (ATC)

Buses shall be supplied with anti-skid braking systems. Buses shall utilize the technically advanced electronic anti-skid braking system / automatic traction control (ABS/ATC) to ensure controlled braking, vehicle stability, stable stopping during emergency situations or adverse conditions and also prevent wheel lock-up, spinning out, and lost of steering control. A microprocessor controlled ABS/ATC shall be provided. The ABS/ATC shall control all wheels with individual ABS modulators.

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The speed sensors on the front wheels should be accessible and removable without removing the wheels. Actuation of the ABS and/or ATC shall override the operation of the brake retarder. The harness layout of the ABS sensors and ABS valve connectors shall be routed to eliminate crossed connections and keyed or color coded accordingly. The system shall comply with the applicable communication protocol requirements to properly interface with the IVS and shall provide performance signals as outlined in Appendix C1.

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11.0 SUSPENSION, AXLES AND STEERING

11.1 SUSPENSION

General requirements The front axle load rating shall be sufficient for the bus loaded to GVWR. The gearing in the drive axle shall be robust enough and designed to handle the forces generated by the bus transmission retarder. Both the front and rear axle suspensions shall be pneumatic type. All air spring mounting plates shall be free of undercoating before mounting. The basic suspension system shall last the service life of the bus without major overhaul or replacement. Items such as bushings and air springs shall be easily and quickly replaceable. Adjustment points shall be minimized. Necessary adjustments shall be easily accomplished without removing or disconnecting the components. All hardware shall be torque striped at the nut end if a nut and bolt is used and at the head of cap screws.

11.2 LUBRICATION All elements of steering, suspension, and drive systems requiring scheduled lubrication shall be provided with grease fittings conforming to SAE Standard J534 (Zerk Fitting). Zerk fittings shall be accessible with a standard grease gun. Each element that requires lubrication shall have its own grease fitting with a relief path. Synthetic lubricant specified by the manufacturer shall be common for all fittings on the bus serviced by common fittings. All steering system components requiring lubrication will be accessible without removal of other components.

11.3 SYNTHETIC GEAR OIL Rear Drive Axle differentials and Steering Gear boxes shall be filled with 80w140 weight synthetic gear oil. The Synthetic gear oil must meet SAE J2360 specification.

11.4 STEERING COLUMN (POST) The steering column shall be provided with a tilt and telescope mechanism. Steering shaft u-joints shall be provided with grease fittings. A two-spoke padded (non-plastic) steering wheel shall be provided. The steering wheel shall be no less than 20 inches in diameter heavy-duty, long life, and shall be shaped for firm grip with comfort for long periods of time. The steering wheel shall be removable with a standard or universal

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puller. The horn button shall have a design life of five years in NYCT service. The horn button shall not be damaged through normal operation (reference Appendix A for Recommended Sources and Products List).

11.5 STEERING COMPONENTS Steering components shall be designed to withstand the operating duty cycle for the fatigue life of 1,000,000 miles and to prevent the following failures during the service life of the bus:

No element of the steering system shall fail before suspension system components

when one of the tires hits a curb

Seepage, weepage, minor leak and major leak are not allowed

Design criteria could be proven with test reports, in service performance in the Manhattan duty cycle, and/or design validation criteria.

11.6 TURNING RADIUS The bus outside body corner-turning radius measured in the clockwise and counterclockwise directions shall not exceed 44 feet.

11.7 TURNING EFFORT Hydraulically assisted power steering shall be provided. The steering gear shall be integral type with flexible lines eliminated or the number and length minimized. Steering torque applied by the driver shall not exceed 10-foot-pounds with the front wheels straight ahead to 10º right or left turn. Steering torque may increase to 70-foot-pounds when the wheels are approaching the steering stops, as the relief valve activates. Steering effort shall be measured with the bus motionless, at SLW, brakes released and the engine at normal idling speed on clean, dry, level, commercial asphalt pavement and the tires inflated to recommended pressure. Power steering failure shall not result in loss of steering control. With the bus in operation the steering effort shall not exceed 55 pounds at the steering wheel rim and perceived free play in the steering system shall not materially increase as a result of power assist failure. Gearing shall require no more than seven turns of the steering wheel lock-to-lock. Caster angle shall be selected to provide a tendency for the return of the front wheels to the straight position with minimal assistance

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from the driver. The steering box shall have a replacement life of six years in NYCT revenue service.

11.8 SPRING AND SHOCK ABSORBERS

11.8.1 SUSPENSION DAMPING Vertical damping of the suspension system shall be accomplished by hydraulic shock absorbers mounted to the suspension arms or axles and attached to an appropriate location on the chassis. Damping shall be sufficient to control bus motion to 3 cycles or less after hitting road perturbations. Shock absorbers and their bushings shall maintain their effectiveness for at least 50,000 miles or one year, whichever occurs first in NYCT service. The attachment points of the shock absorbers shall maintain their effectiveness for the life of the bus.

11.8.2 SUSPENSION TRAVEL The suspension system shall permit a minimum wheel travel of 3.0 inches in jounce and 3 inches in rebound. Elastomeric bumpers shall be provided only at the limit of jounce travel. Rebound travel shall be limited by elastomeric bumpers or hydraulically within the shock absorbers. Suspension system shall incorporate appropriate devices for automatic height control so that regardless of the passenger load the bus height relative to the centerline of the wheels does not change more than ± 0.5 inch at any point.

11.9 KNEELING A driver-actuated kneeling device shall lower the bus no less than 3 inches regardless of load. Kneeling of the bus shall only be enabled if the speed of the bus is below 2 miles per hour. Brake and speed control interlock shall prevent movement when the bus is kneeled. The bus shall kneel and rise at a maximum rate of 1.25 inches per second. After kneeling, the bus shall rise within 4 seconds to a height permitting the bus to resume service and shall rise to the correct operating height within 7 seconds regardless of load up to GVWR. The bus shall be capable of kneeling with the front door in the open or closed position. Kneeling is prohibited after the wheelchair ramp is deployed. If the bus has been knelt before the wheelchair ramp is deployed, the bus is allowed to be jogged up. During the lowering and raising operation, the maximum acceleration shall not exceed 0.2g and the jerk shall not exceed 0.3g/sec, measured on the front door step tread. The kneel switch shall be a momentary contact switch in both the down and up modes. An indicator visible to the driver shall be illuminated until the bus is raised to a height

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adequate for safe street travel. A 2-1/2-inch minimum diameter amber LED light visible to the waiting passenger shall be illuminated during the kneeling operation and shall remain illuminated until bus is raised to a height for safe street travel. This light shall be mounted on the bus exterior either forward or aft of the front door and shall be mounted approximately 55 to 41 inches off the ground when the bus is at normal ride height. An audible alarm, to be heard by boarding passengers shall sound during the kneeling of the bus. The alarm shall not sound during the rising of the bus. The audible alarm and the entire kneeling system including noise from air exhaust shall be in conformance with Section 1.11.10.4 “Transient Noise”. The kneeling and suspension leveling system components and switches must be suitable for use in a heavy-duty transit application. Kneeling system component suppliers shall be identified in the submitted proposal.

11.10 DRIVE AXLE AND GEAR The bus shall be driven by a single heavy-duty axle at the rear with a load rating sufficient for the bus loaded to GVWR. Transfer of gear noise to the bus interior shall be minimized. The drive axle shall be designed to operate for more than 300,000 miles on the design operating profile without replacement or major repairs. If a planetary gear design is employed, the oil level in the planetary gears shall be easily checked through the plug or sight gauge. The drive shaft shall be guarded to prevent it striking the floor of the coach or the ground in the event of a tube or universal joint failure.

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12.0 ELECTRICAL SYSTEM

12.1 ELECTRICAL SYSTEM GENERAL REQUIREMENTS

The electrical system shall provide, distribute and control power to ensure satisfactory performance of all electrical components. The system shall supply a nominal 12 and 24 volts of direct current. Electrical power provided for the radio shall be a clean 12 volts, DC power source. Precautions shall be taken to minimize hazards to service personnel. The power generating systems shall be sufficiently rated to provide electrical power to all equipment plus provide electrical power to charge the bus starting batteries from a low state of charge. The system charging voltage must be maintained at the set point for all engine speeds including idle. The power for electrical components shall not be distributed directly through a Printed Circuit Board (PCB). Components shall be polarized where required for proper function and the components shall be positively retained. Terminals shall be compliant and tested to appropriate industry standards. All electrical cable connectors of three or more wires shall utilize weatherproof pin connectors that are environmentally sealed, waterproof and protect the electrical system from dirt, dust, mud, water, vibration and rough terrain. All electrical connectors, in the engine compartment, battery compartment, climate control system compartment and other exposed areas shall have a minimum protection of IP67.

12.2 VOLTAGE DROP Voltage drop as measured from the alternator to any electrical power bars on the bus shall not exceed 1.0 volts at its maximum loads. All electrical starting cables/circuit shall be tested to ensure that cable sizes meet the circuit resistance and voltage drop requirements of the starter and alternator manufacturer.

12.3 PARASITIC LOAD The current draw (parasitic load) of the 24-volt battery system (2x12V batteries), when the bus is shut down shall be minimized to assure a sufficient battery charge to start the bus engine after prolonged non-operation. The battery system shall be able to start the bus engine after 80 hours of non-operation (with the starting charge of battery at 75% of the rated capacity) with the multiplexer in sleep mode after the bus is shut down. The parasitic load is defined as the current measured at the positive cable of the 2 battery system with the multiplexer in sleep mode after the bus is shut down. This current is the sum of the currents of all the 24V and 12V low voltage electronic bus systems, excluding

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the radio, farebox, bus camera security system (BCSS), and bus customer information systems (BCIS). The contractor shall estimate the parasitic load during the initial stage of the bus design and shall submit a report to NYCT at the pre-production meeting or 30 days before the configuration audit. The report shall include:

Nominal current draw of each 24V and 12V electronic systems and subsystems

after the bus is shut down and the multiplexer is in sleep mode

Calculations of the parasitic load with justification

The estimated battery discharge time with the calculated passive parasitic load

and NYCT auxiliary system loads.

The Contractor shall perform a “parasitic load battery discharge test” on the configuration bus before the configuration audit. This test will verify that the battery will be capable to start the bus after the parasitic load will persist for 80 hours of non-operation (since the multiplexer is in sleep mode after bus shut down) and will provide the measurement of the actual parasitic load; the test will start with battery capacity at 75% of the nominal rating. NYCT may witness the test. The contractor shall submit to NYCT the report of the “parasitic load battery discharge test” at the configuration audit.

12.4 MULTIPLEX SYSTEM A J1939 compliant multiplex system shall be provided that has current monitoring capability The multiplex system shall power down and go into sleep mode 15 minutes after the master run switch is shut off. The unit shall limit the parasitic load of the battery in compliance with Section 12.3 – Parasitic Load. When in sleep mode the unit shall automatically shut off the following components:

Lighting of the service area and compartment area

Interior and exterior lighting

Farebox (unless jumper is removed)

Radio (unless jumper is removed)

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The unit shall interface with the IVS directly or via a J1939 multiplexer gateway. The monitored system signals shall be in compliance with the requirements of Appendix C1. The system shall transmit all diagnostic fault codes (DM1, BAM). The multiplex system shall detect failed headlights, brake lights, reverse lights, and hazard lights and communicate this via J1939 to the IVS system. The multiplexer shall monitor the health status of the IVS only when it is fully online. The multiplexer shall be programmed so that during boot up it will ignore the health status of the IVS. The vendor shall specify if the multiplexer will carry current for lighting circuits in their proposal. All electrical components, including wire, lamps, LED’s, switches, relays, flashers, and circuit breakers, shall be heavy-duty, long-life designs; these components shall be designed to last the service life of the bus and shall be replaceable. The system shall comply with the applicable communication protocol requirements of the IVS and shall provide performance signals as outlined in Appendix C1.

12.4.1 SYSTEM ARCHITECTURE REQUIREMENTS The multiplex system shall provide the following features:

Communication data protocol shall be the industry standard J1939.

In addition to containing the unique ID for a module, the multiplex system shall

have a method to assign an ID to each module automatically.

The Unit shall be programmable

Over Current Monitoring: if current exceeds a pre-programmed limit the system

shall be capable of shutting down selected outputs.

The power supply to all multiplex modules shall be galvanically isolated to prevent

susceptibility to EMI, harmonic noise, and adverse effects caused by fluctuating

grounds.

Each module shall utilize LED’s to indicate input status, output status, circuit

integrity and assist in rapid circuit diagnostics and verification of output load and

wiring integrity.

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Programmable time delay functions and integrated flasher capabilities shall be

contained in the control module.

The program for operating the bus shall be contained in the control module.

A single download point shall be located on the bus for reprogramming.

A minimum of 10% spare system inputs and 10% spare system outputs are

required in each multiplex zone.

The components of the multiplex system shall be of modular design thereby

providing for ease of replacement by field maintenance personnel.

A network failure light must be provided to indicate communication problems with

any of the multiplex modules.

12.4.2 HARDWARE REQUIREMENTS

The system components shall be capable of performing reliable operation in an environment of between -40 C to +85 C while encountering mobile shock and vibrations. All system multiplex modules shall also comply with the following:

All internal components, to include all integrated circuits and connections, shall be

soldered.

No internal sockets or plugs shall be allowed.

Each unique output of a module shall be equipped with its own fuse to protect

each individual load circuit for over current protection.

Highly visible, easily accessible fuses are required to assist in the rapid diagnostic

of malfunctions of the load circuit. No self resetting fuses will be accepted.

Each module shall be adequately shielded to prevent interference by EMI and RFI.

Dedicated feedback point for each output shall be part of the system to provide

capability of monitoring each isolated output load and fuse status via PDA or PC.

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12.5 SUPPRESSION DIODES/ RELAYS Suppression diodes shall be installed across the inductive loads such as motors and solenoids. These diodes shall be easily replaceable and accessible with a polarized connector. All relays must be easily accessible. Visual identification must be provided for 12V & 24V relays. All relays must have internal suppression diodes. Relays must not be subject to water intrusion. Control circuit relays shall be suitable for heavy duty transit environment. The control relay holder must have a retaining clip to prevent the relay terminal from coming loose. These components shall be designed to last the life of the bus and shall be replaceable

12.6 ALTERNATOR AND VOLTAGE REGULATOR The system alternator shall be selected to handle the maximum electrical loads of the bus and simultaneously maintain the battery charging voltage set point at bus idle speed. The alternator shall be belt driven, oil or air cooled, brushless, robust, corrosion resistant and durable. The Voltage regulator shall be wired as per the manufacturer’s recommendations to provide steady voltage. The alternator mounting configuration shall meet the manufacturer’s recommendation and be protected from water splash from an engine wash. The high voltage cable to the alternator shall be secured using a split-block type clamp mounted to the alternator.

12.7 ALTERNATOR AND BATTERY LOAD TEST AND STARTER CRANK TEST The bus builder is required to conduct a detailed comprehensive in-service electrical load test to insure electrical capacity, circuit protection, and functionality of systems while maintaining adequate charging of the batteries in NYCT duty cycle of 50% at idle. Testing is required to confirm that performance of the alternator and the starter is as per design criteria. This section contains the minimum requirements of the test and the bus manufacturer shall submit a final test plan and report for NYCT review. The alternator shall deliver the required bus load with no adverse effects on the system nominal voltage. To verify this point a data logger shall monitor the performance points listed below for the duration of 4 hours while the bus is in operation with no passenger load:

Ambient temperature (temperature vs. time)

Engine compartment (temperature vs. time)

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Cooling system fans

Alternator Monitoring Points:

Alternator output current (alternator current vs. time)

24V Load Profile in operating conditions (time vs. current)

24V Load Profile with HVAC at 100% output and engine in low idle (time vs.

current)

Alternator oil flow GPM (vs. Engine RPM)

Alternator speed converted to Engine RPM (vs. time)

Alternator oil pressure PSI (in) (vs. time)

Alternator inlet oil temperature (vs. time)

Alternator outlet oil temperature (vs. time)

If an air-cooled alternator is provided, equivalent operating points shall be monitored, such as,

Alternator operating temperature

Alternator cooling air temperature

Air flow

Battery Monitoring Points:

24V batteries charge/discharge current (time vs. current)

24V batteries charge/discharge current with HVAC at 100% output and engine in

low idle (time vs. current)

12V battery voltage at the inverter (vs. time)

24V battery voltage (vs. time)

The starter’s performance shall be verified by a cranking test that will assure that the starter interlock logic (normally determined by the bus manufacturer) will not have adverse effects on the starter and that the following values are within the limits recommended by the manufacturer:

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Starter solenoid current

Starter terminal voltage

Starter solenoid temperature (time vs. temperature)

Control circuit voltage drop

Starter positive terminal voltage drop

Starter ground terminal voltage drop

Starter pinion/gear depth of engagement

12.8 BRUSHLESS MOTORS The use of brushless motors shall be maximized and have a constant duty rating of no less than 10,000 hours. Electric motors shall be located for easy replacement.

12.9 CIRCUIT PROTECTION All circuits and circuit branches shall be protected by manual reset circuit breakers or multiplex over current protection circuits. Manual reset circuit breakers that are critical to the operation of the bus shall be mounted with visible indication of open circuits. Fuses shall be used only where it can be demonstrated that circuit breakers are not practicable, and they shall be easily accessible for replacement. All wire shall be rated to exceed the protection (circuit breaker) for that circuit. Circuit breaker connections shall be crimped, with particular attention to ensuring the highest quality of connection, on both sides of the breaker and in conformance with Section 12.13 - Wiring and Terminals. Circuit breakers shall have the amperage rating clearly marked in an area that is visible when all circuit breakers are installed and shall be easily accessible for removal and replacement. All electric motor circuits shall have a dedicated circuit protection with manual reset circuit breaker. There shall be no common circuit breaker used by any two separate sub systems (e.g. DCM, ECM, ABS, destination sign, etc.); in particular a separate circuit breaker shall be provided for each floor-mounted heater and each defroster blower circuit shall have its own dedicated circuit breaker. A high current high speed circuit breaker or fuse shall be provided to disconnect the main DC power source from the ground in the event of a short circuit.

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High quality terminals must be used along with matching manufacturers crimping die systems applied along manufacturers’ guidelines.

12.10 GROUNDING Redundant grounds shall be used for all electrical equipment, except where it can be demonstrated that redundant grounds are not feasible or practicable. One ground may be the bus body and framing. Grounds shall not be carried through hinges, bolted joints (except those specifically designed as electrical connectors), or power plant mountings. Grounding shall conform to SAE standard J1908.

12.11 PROTECTION OF ELECTRICAL EQUIPMENT Electrical equipment shall not be located in an environment that reduces the performance or shortens the life of the component or electrical system. Major wiring harnesses shall not be located under the bus floor, and under floor wiring shall be eliminated to the extent practicable. Wiring and electrical equipment necessarily located under the bus shall be insulated from water, heat, corrosion, and mechanical damage and adequately protected against road induced damage or looseness.

12.12 MODULAR DESIGN Design of the 12 and 24-volt electrical system shall be modular so that each major component, apparatus panel, or wiring bundle, is easily separable with standard hand tools or by means of connectors. Each module shall be removable and replaceable in less than 30 minutes, not including removal of covering apparatus, by a mechanic of average skill. Compartments housing the modules are to be secured with T-key locks. Powerplant wiring shall be designed to allow for rapid disconnection. Replacement of the engine compartment wiring module(s) shall not require pulling wires through any bulkhead or removing any terminals from the wires. All solenoids and controls must be modularized.

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12.13 WIRING AND TERMINALS

12.13.1 WIRING All wiring between major electrical components and terminations, except battery wiring, shall meet specification requirements of SAE Recommended Practice J1292, J1128-Type SXL, Tefzel or GXL, except where connection systems specified by major vendors (i.e.: engine, transmission) prohibit the use of such wire, in which case type TXL may be used as appropriate. No more than 2 wires shall be allowed in any terminal. These two wires shall be of the same size. The contractor shall provide with the proposal the specific locations/conditions to determine and agree upon those situations where more than two wires or wires of different sizes in the same terminal may be acceptable. Except as interrupted by the battery disconnect switch, battery and starter wiring shall be continuous cables with connections secured by bolted terminals and shall conform to specification requirements of SAE Standard J1127-Type SGT or SGX and SAE Recommended Practice J541, be grouped, numbered, and/or color coded full length. Installation shall permit ease of replacement. All wiring harnesses over 5-feet long and containing at least 5 wires shall include 2 spare wires that are the same gauge as the largest wire in the harness excluding the battery cables. Wiring harnesses shall not contain wires of different voltages unless all wires within the harness are sized to carry the current and insulated for the highest voltage wire in the harness. Wires and/or wire bundles shall have sufficient length and be routed to provide a “drip-loop” to prevent water from entering connectors in locations where moisture may accumulate. There shall be no exposed wire runs on the interior of the bus at any point. Any wire runs, tubing or harnesses on the interior body shall be loomed and protected against vibration and chafing. Grommets of elastomeric material shall be provided at points where wiring penetrates any metal structure. Wiring supports and labeling shall be non-conductive. All harnesses shall be supported, at a minimum, of every 18 inches with mount (see Appendix A for approved clamping method). Precautions shall be taken to avoid damage from heat, water, solvents or chafing. Wiring length shall allow replacement of end terminals twice without pulling, stretching, or replacing the wire.

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Wiring and harnesses shall be color and number coded and be the same from bus to bus. The circuit number coding shall be permanently printed at 6-inch intervals throughout the length of the wire. Ground wires shall have a unique and distinct number for each circuit. Electrical connector manufacturer (OEM) guidelines must be followed in the placement, positioning, and routing of wiring/harnesses. Double insulation (loom) is required for positive and negative cables in exposed areas, articulation joint and other areas where abrasive contact is possible; it shall be implemented only by sheathing all wires and harnesses with non-conductive, rigid or flexible conduit. Other methods such as wrapping harnesses with plastic electrical tape are allowed only in non-exposed areas. Double insulation shall be maintained as close to the terminals as practicable. Wiring where the double insulation is maintained shall in addition to providing the “drip loop” have the slit of the non-conductive conduit facing downward to allow any accumulated moisture at the low point to drain out.

12.13.2 TERMINALS / CONNECTORS Terminals shall be full ring type and corrosion-resistant. All cable-to-terminal electrical crimps shall conform to SAE USCAR21 revision-1 or IPC/WHMA-A-620. Wherever possible the manufacturer shall make use of keyed plugs rated at a minimum of IP56; plugs shall be submitted to NYCT for review. In locations where moisture may be present (e.g. A/C compartment A/C ducts, engine compartment, under body, etc.) connectors shall be sealed type, with IP67 rating. All unused connectors shall be capped or sealed from moisture and dirt. Wire routings, clamp points, tie-wrapping locations shall be spaced with sufficient length from the connector to ensure watertight seal performance. Manufacturer (OEM) guidelines must be followed in the placement, positioning, and routing of connectors. Polarity sensitive components of the electrical system shall be constructed to prevent accidental reversal during assembly of the component. All high current carrying conductors, 12 AWG to 4/0 AWG, shall be torque marked as specified in the manufacturer installation guidelines. Terminals of any wire sized from 5 AWG to 4/0 AWG shall be protected against corrosion by a protective rubber boot (no electrical tape is allowed). Ground studs shall be protected against corrosion by dielectric paste of approved type as per Appendix A. Alternative dielectric pastes may be used with NYCT’s approval. The protective boot shall be color coded based on the polarity of the terminal (red for positive terminal, black for negative terminal).

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Connector labeling shall be designed to clearly identify respective connectors throughout the life of the bus. Connector identification shall not rub off, fall off, fade or become otherwise indistinguishable. Metal tags are unacceptable. The use of spade, tabs, push-ons terminals shall be minimized. For all terminal crimping high quality terminals must be used along with matching manufacturers crimping die systems applied along manufacturers’ guidelines. Calibration records for crimping machines shall be available for inspection at any time during the execution of the contract. The following bullet list provides the requirements for specific type of terminals.

Integrated Seal Terminals shall be crimped only. Controlled hand crimping with a

manufacturer’s specified die and terminal system is acceptable, if quality is

maintained through training and inspection. The machines used to crimp shall

comply with the respective electrical terminal’s crimping specification and the

Contractor shall provide a Pull test analysis report confirming compliance with this

requirement.

Closed Barrel Terminals used for multiplex equipment shall only be crimped.

Splice Terminals shall be crimped. The splice shall be insulated flame retardant,

adhesive-lined heat shrinkable tubing; solder in tubular or other hollow form with

inner space filled with non corrosive rosin flux shall be used.

Heat-Shrinkable Nylon Crimp Terminals or equivalent shall be used in all exposed

areas of the bus such as the engine, under carriage, battery, etc. The Heat-

Shrinkable Nylon Crimp Terminals or equivalent shall only be crimped.

“T” – splices may be used when it is less than 25,000 circular mills of copper in cross-section: a mechanical clamp is used in addition to solder on the splice; the wire supports no mechanical load in the area of the splice and the wire is supported to prevent flexing. Splices shall be insulated with heat shrink material. T- splices of larger size cable may be used provided testing and certification of splice integrity is submitted to NYCT for review. Base nut shall be provided on all terminal binding posts and junction block studs where the terminal junction block has not been specifically designed to eliminate the need for a base nut.

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Terminal / Connection shall be in accordance with SAE J1908 Electrical Grounding Practice standard on the ring terminals. Ring terminals shall be stacked no more than (3) three to a terminal stud (Typically, one (1) wire per ring tongue).

12.13.3 ELECTRICAL SCHEMATICS Electrical wiring schematics shall include:

Electrical symbol chart

Multiplex input/output assignments

Multiplex ladder logic

Connector index with description and locations

Electrical components location

Spare wire diagrams

Zone(s)/Compartment(s) layout

All communication link diagrams

All cable and harness part numbers

Harness, relay, circuit breaker, wire code locations

All subsystem wiring diagrams (PCS, A/C, HEV Battery tubs, etc.)

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Connector pin arrangement layout

NYCT shall reserve the right to have revisions/ additional information be implemented for a period of 1 year after the delivery of the last bus in the order at no additional cost. The schematics shall be easy to follow from point-to-point throughout the entire document.

12.14 ELECTRICAL COMPONENTS

12.14.1 JUNCTION BOXES AND ELECTRONIC/ ELECTRICAL COMPARTMENTS

All relays, controllers, flashers, manual resetting circuit breakers, printed circuit boards, modules and other electrical components shall be mounted in junction boxes or enclosed panels. Electrical boxes located inside the bus accessible to passengers shall require a T-Key lock with a permanent marker to indicate that the lock is latched or unlatched. All interior access panels that could cause injury to a driver or a passenger when inadvertently opening must be provided with 3 levels of a retaining protection. This may include latches, lanyards and dampers. The design safety retention and latching mechanisms shall be reviewed and approved by the Project Manager. Junction boxes shall minimize propagation of fire that may occur from inside the box to outside the box. The components and circuits in each box shall be identified and their locations recorded on a schematic drawing of sufficient detail for wire tracing and troubleshooting permanently glued to or printed on the inside of the box cover or door. The drawings shall be constructed and placed such that they are: not damaged, protected from oil, grease, fuel, moisture, and abrasion, faded or made otherwise illegible throughout the life of the bus under normal conditions. Junction boxes shall be rated at a minimum of IP67 if mounted in exposed areas and IP56 if mounted in any other location.

12.14.2 ENGINE REAR CONTROLS AND GAUGES A control box shall be mounted in an accessible location in the engine compartment. The box shall include a rear engine control switch, a rear start switch, and an engine compartment light switch and filter diagnostic lights as called for in the Technical Specs. Switches and control box shall be sealed from the environment. Switches shall be marine grade with IP67 rating. Rear electrical apparatus box/panel shall be as rated to withstand engine compartment temperatures and over spray from engine washes. Fuses mounted on the flat panel shall be marked as to amps, application and wiring illustration.

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A digital CAN communicator shall be provided on the control box in place of liquid filled mechanical gauges. The communicator shall communicate via the J1939 system and shall be IP67 sealed on the front and rear sides of the communicator.

12.14.3 MASTER RUN SWITCH The master run switch shall only carry controlled current and be a sealed unit, of IP56 rating, connected with ring terminals, with the following functions: Master Run switch Logic ENGINE STOP Before Sleep Mode

All electrical systems off, except power available for the passenger interior lighting (logic as defined in 12.18.1 - Lighting for the Passenger Area and 12.18.2 – Entry and Exit Area Lighting), directional turn lights, all compartment lights, drivers overhead light, hazard lights, silent alarm, radio, horn, fire suppression system, parking brake buzzer and farebox.

ENGINE STOP After 15 minute Sleep Mode

All systems off except for Hazard lights, horn, fire detection and suppression. The fire detection and suppression system shall be the only system which is wired directly to the battery, so that in the event the master battery disconnect switch is turned “OFF” the system shall remain operable

DAY RUN In addition to the OFF position circuits the following circuits are energized: engine controls, alarms, passenger signal, doors, driver’s lamp, mirror, destination signs, and Parking brake buzzer off. In addition, if the switch is in this position and the engine is running, the following circuits shall also be energized: fast idle, climate control and the Daytime (reduced power) running lights.

NIGHT RUN

In addition to the RUN position circuits the following circuits are energized; marker lamps, headlights, tail lights, destination signs, and dash lights. Parking brake buzzer off

PARK Marker lights, tail lights, dash lights, destination signs, run sign light, and parking brake buzzer energized – engine off

12.15 BATTERIES Batteries for the 12/24v system shall be AGM battery of a group 31 or 8D configuration. Batteries shall be easily accessible for inspection and serviceable only from outside the bus and shall be securely mounted on trays.

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The battery connection cables shall be arranged in a harness that limits connection to the proper points to prevent mis-wiring of the batteries. Bus builder shall provide batteries with high reserve capacity because at certain times the bus will be at idle or parked while all accessory systems are in use. The minimum cold cranking amps (CCA’s @ 0ºF) of 1400 is required due to the potential for parasitic draw when the buses are parked overnight. If the bus is not operated for a period of three (3) days, the total electric load due to devices that require continuous energizing shall not cause the battery to be discharged below the level necessary to start the engine. The batteries shall be chosen with an Ah capacity to comply with Section 12.3 – Parasitic Load. The battery compartment shall prevent accumulation of debris on top of the batteries and shall be vented and self-draining. Drain holes larger than ¼ inches shall have rubber boots to prevent dirt and water from entering the battery compartment. The battery manufacturer shall approve the battery compartment ventilation design; documentation shall be provided to NYCT. The battery compartment and battery support hardware shall be heavy-duty. This hardware shall consist of battery hold-down devices that secures battery and minimizes vibration. The battery compartment door shall be fitted with 5/16-inch square key locks and shall have a clearly visible decal placed on the outside denoting the door as a battery compartment for easy identification by emergency response personnel. The inside surface of the battery compartment’s access door shall be electrically insulated to prevent the battery terminals short circuiting on the door if the door is damaged in an accident or if a battery comes loose. Terminal posts shall be separated as much as possible to avoid tools touching both posts when performing maintenance. Batteries shall be of premium construction and shall be fitted with threaded stud terminals. Positive and negative terminals shall be arranged to prevent incorrect installation. Battery terminals and cables shall be located for access in less than 30 seconds with jumper cables. The battery tray shall accommodate the battery systems and shall pull out or swing out easily and properly support the batteries during service. The tray shall allow each battery cell to be serviced and filled with electrolyte with either manual or automatic equipment. A stainless steel positive lock shall retain the battery tray in the normal position. A second latch shall prevent the battery tray from rolling out if the first latch fails; this latch shall engage automatically and require the maintainer’s intervention only to disengage the lock. Both latches are required to assure safety of maintenance and operation. Battery cables shall be flexible and sufficiently long to reach the batteries in extended positions without stretching or pulling on any connection and shall not lie on top of the

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batteries. The battery terminals and cables shall be color-coded with red for the positive, black, for negative, and another color for any intermediate voltage cables. All battery cable connections shall be properly torqued in accordance with OEM or industry standards and torque marked except in cases where torque striping is not practical then documentation to this is necessary. All battery compartment cable ends and ground cable ends in the engine compartment shall be coated with dielectric paste as per Appendix A. Positive and negative terminal ends shall have same size studs. The battery terminal ends and cables shall be color-coded with red for the primary positive, black for negative, and another color for any intermediate voltage cables. Battery terminals shall be located for access in less than 30 seconds with jumper cables. Battery cables must be of sufficient size to carry the load required by the starting motor.

12.15.1 MASTER BATTERY DISCONNECT SWITCH Buses shall be equipped with a “master disconnect switch” that interrupts all starting voltage power. The Master battery disconnect switch shall be dust and water tight rated at IP67, to prevent moisture from causing corrosion of the contacts and allow pressure washing. Contacts shall be silver contact with nickel studs. The purpose and function of the switch shall be clearly and permanently marked. The switch shall be accessible to maintenance and emergency service personnel but shall not be located in area where passengers and the public could access it. The master battery switch shall be installed in proximity to the batteries and be unaffected by battery acid. Access to main battery disconnect switch shall be reviewed to evaluate the need for a small access door. The bus engine shall shut down immediately upon master battery switch de-activation. Opening the master battery switch circuit with the powerplant operating shall not damage (electrical surge) or interfere with any on board electrical or electronic components. The master battery switch shall be capable of being locked in the OFF/OPEN position.

12.15.2 BATTERY EQUALIZER OR DC/DC CONVERTER The bus shall be equipped with a Battery Equalizer or DC/DC converter. Cables to the equalizer shall be flexible and routed so that no chafing or rubbing can occur. The cable ends shall be coated in dielectric paste as per Appendix A. The unit shall be turned off by the battery disconnect switch.

12.15.3 QUICK CONNECT JUMP START CONNECTOR The bus shall be equipped with a quick connect jump start connector plug located in the engine compartment and easily accessible.

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The connector shall be equipped with a dust cap, and adequately protected from moisture, dirt, and debris. Sufficient clearance shall be maintained between the battery dust cover and the engine bulkhead to be able to remove the battery dust cover.

12.16 EXTERIOR LIGHTING LED’s shall be used for all exterior clearance lights, marker lights, backup lights, license plate lights, the stop/tail lamps and the third brake light, in place of incandescent bulbs where available. A stainless steel or aluminum metal guard around the lights shall protect side turn signal, marker and clearance lights that are not recessed; if painted, the color shall be the same of the area where the guard is installed. Additionally, marker and clearance lights shall not be damaged from any heat sources. Sockets of plug-in components shall be polarized where required for proper function and the components shall be positively retained. All exterior lights shall be sealed to prevent entry and accumulation of moisture or dust, and each lamp shall be replaceable in less than 5 minutes by an “A” or “B” maintainer. Lights mounted on the engine compartment doors shall be protected from the impact shock of door opening and closing. Lamps, lenses and fixtures shall be interchangeable to the extent practicable. Lamps at the rear of the bus shall be visible from behind when the engine service doors are opened. Exterior lamps shall be bolt in type with captive ring (no rubber mounts which are susceptible to vandalism). Rubber mounted kneel warning light is acceptable. The exterior lights (marker, clearance, retarder, reverse, turn lights, etc) shall be programmed to illuminate to allow the operator to conduct an exterior light check of the bus, including the back up alarm. The lighting sequence shall be triggered by simultaneous pressing of the left and right directional foot switches when the bus is parked, is in neutral and the parking brake applied. After the sequence has started, hitting either directional foot switch shall stop the light/ back up alarm check sequence.

12.16.1 HEADLIGHTS Headlights shall be designated by the lamp manufacturer as long-life and heavy duty type. A proposal for LED headlights shall be submitted with the proposal.

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12.16.2 DAY-TIME RUNNING LIGHT SYSTEM The bus shall be equipped with a “day time running light system”. The system shall illuminate the headlights, whenever the engine is at operating speed and the generator is charging. The design of this system shall be in conformance with applicable Federal Motor Vehicle Safety Standards that are in effect as of the date of manufacture. The module shall be mounted to prevent water intrusion into the terminal connectors. If Pulse Width Modulation is used to run the daytime running lights, compatibility with lights must be validated.

12.16.3 SIGNAL LIGHTS LED turn signal lights shall be provided at front, rear and sides of bus. Front side turn signal lights shall be located in standard position near each front wheel housing. Two additional signal lights shall be mounted on each side of the bus. All turn signals shall be provided with amber lenses. Rear signal lights shall be positioned on top of the brake lights. Lamps shall be a minimum of 32 candle power and all service access (lamp and fixture replacement) shall be from the outside of the bus body.

12.16.4 SELECT BUS SERVICE OPERATION REQUIREMENTS (APPLICABLE ONLY TO ARTICULATED BUSES)

SBS is for off-board fare collection for speedy passenger embarkation and disembarkation using all 3 doors at a bus stop. With SBS mode selected, the operator moves the door controller to the “doors open” position and all three doors open without the need for customer action. Moving the door controller to the “doors close” position results in all doors closing. An ON/OFF switch is required on the driver’s side console panel. The switch must be labeled “SBS/Transit”. When the SBS switch is in the ON position and the master run switch is ON the rear door controller system gets a ground signal from the bus putting it into SBS mode. When the SBS/Transit switch is in the TRANSIT position the rear door controller system reverts to TRANSIT operation which requires customer action when the “doors open” position is selected by the operator. The wiring of the SBS/Transit toggle switch, wire termination and connectors’ selection must be submitted for review and approval.

12.16.5 THIRD BRAKE LIGHT A third brake LED light (32 candle power minimum), bolt-in type or surface mount strip light shall be mounted on the rear of the bus. Its placement shall optimize the area for

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advertisement media. If the light is circular bolt in type, it shall be provided with a stainless steel ring trim and be mechanically fastened and flush mounted with a reveal range of 0 inches to approximately ¼ inches above the bus body.

12.16.6 SERVICE AREA LIGHTING LED lights shall be provided in the engine compartment to illuminate the area for night emergency repairs or adjustments. A switch located near the rear start controls in the engine compartment shall control the lights. Necessary lights, located in other service compartments, shall be provided with switches on the light fixture or convenient to the light. Switches and lights shall be non-corroding and rated at a minimum of IP67 level of protection. The service area lights shall be controlled by the multiplex system.

12.17 INTERIOR LIGHTING

12.17.1 LIGHTING FOR THE PASSENGER AREA The interior lighting circuits shall be provided for review by NYCT prior to NTP. An overhead LED lighting system shall provide general illumination in the passenger compartment and be controlled with a dedicated switch. The system’s illumination shall be measured with bus doors open (with lights at full designed operational illumination, not dimmed) and shall provide no less than 15 foot-candles of illumination on a 1 square-foot plane at an angle of 45 degrees centered 33 inches above the floor and 24 inches in front of the seat back at each seating position except at the rear cross seat where the illumination may be decreased to 7 foot-candles. The interior LED lighting system shall have programmable light output options and the lighting controller shall communicate with the vehicle via J1939. LED Passenger Interior Lighting System shall have high quality coatings (both color coat and clear coat required) and material that has resistance to abrasion and vandalization. The individual LED’s shall have uniform color across each bank of lights and shall distribute light uniformly to avoid tiger striping. Floor surface in the aisle shall be illuminated at no less than 10 foot-candles. The floor surface in the vestibule shall be illuminated to no less than 4 foot-candles with the front door open and to no less than 2 foot-candles when the front door is closed. Light fixtures shall be located above the side windows at or near the juncture of the bus ceiling and the sidewall. Lamp fixtures and lenses shall be fire-resistant and shall not drip flaming material onto seats or interior trim if burned. The interior lighting circuits shall allow programming each base light to be on, off or dimmed to properly operate the bus in NYCT service. Dimming shall be controllable by

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the multiplex and will be required along the length of bus with the exception of the rear bench. The final logic of operation is to be presented on the pilot bus for NYCT review. Reference Appendix A for typical interior lighting settings. LED lightboards shall extend and cover all areas of the light lenses. There shall be no dark areas. Direct lighting shall illuminate advertising media located in this area. Interior lighting requirements shall be retained with advertising media installed. The lighting fixtures shall be sealed to prevent accumulation of dust and insects but shall be easily opened on hinges for cleaning and service. The lenses shall be retained in a closed position and if threaded fasteners are used, they shall be captive in the lens with cross-recessed type heads. Interchangeability of LED lamps, lenses, fixtures and power supplies shall be maximized. Wherever components other than wire harnesses and tubing are located behind light panels a hinged access door shall be provided. All light panels shall be retained by safety cables or equivalent alternative retaining system to be approved by the Project Manager.

12.17.2 ENTRY AND EXIT AREA LIGHTING A separate LED door light shall be illuminated when the master run switch is in “RUN” and the door is open, and shall be off when the door is closed. The system shall provide no less than 4 foot-candles of illumination on the entry and exit door floor area with the doors open. These lights shall be shielded to protect passenger’s eyes from glare. Light fixtures shall be totally enclosed, splash proof, designed to provide ease of cleaning as well as lamp and housing removal, and shall not be easily removable by passengers.

12.17.3 DRIVER’S LIGHTING The driver’s area shall have an LED reading light to provide general illumination for the driver and it shall illuminate the half of the steering wheel nearest the driver to a level of 10 to 15 foot-candles. A single switch that is convenient to the driver shall control this light. The light should be off when the multiplex goes to sleep.

12.17.4 SERVICE COMPARTMENT LIGHTING Compartment LED lights shall be provided in service compartments such as: the Electronic cabinet, engine compartment and rear door base plate area. All service compartment lights shall turn off when the multiplex goes into sleep mode.

12.17.5 REAR DOOR AUTHORIZATION LIGHTS One LED green light over each exit door shall be illuminated when the exit doors are authorized. Height and location of the light shall be as approved by NYCT on the

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configuration bus. Electrical protection of these lights shall be accomplished through the multiplex system, or other means.

12.18 NYCT RADIO SYSTEM The bus builder shall provide and install the necessary wiring and hardware (in conformance to the requirements of Appendix A) to allow the installation of the NYCT radio and radio control head. NYCT will install the radio in the electronic compartment (see Section 2.7.16) and radio control head in the designated location upon delivery of the buses. A location convenient to the operator shall be provided for the radio control head, speaker, handset, and cradle. The location shall conform to SAE document number J287 titled “Driver Hand Control Reach”. The radio control head shall be mounted in a metal enclosure or housing, referred to as the Motorola Radio Control Head, (MCH) Housing; abbreviated as “MCH Housing”. The MCH Housing shall be designed to be sturdy and durable while affording convenient access for maintenance and MCH replacement. The radio control head connector harnesses shall be neatly bundled and have sufficient length to extend beyond the face of the radio enclosure at least six inches and up to 12” to ease installation. The harness length and ease of installation shall be reviewed on the pilot bus. The bus builder shall install the roof antenna with the RF cable routed to the radio compartment to allow NYCT personnel to connect this cable to the radio. The antenna mounting and lead (cable) termination shall be accessible from the bus interior. The radio compartment shall be supplied with a 20-amp, 12-volt, DC, protected service with positive and negative leads. The Radio compartment shall also be supplied with the unattached end of the antenna lead (cable). Prior to delivery to NYCT the radio power (12 volt for the dash control head and 12 volt for the radio unit), should be wired to be off whenever the multiplexer system is in sleep mode. A jumper wire in a three way weather pack connector shall be provided to allow this feature to be disabled. When the jumper wire is removed, the radio load return to the battery power.

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12.19 PUBLIC ADDRESS SYSTEM The Contractor shall provide, install, and test a Public Address System in accordance with attached procedure (see Appendix A), except for modifications in the procedure needed to install a hands free digital microphone/recorder “SpeakEasy2®” system. This system shall be compatible with the Motorola Spectra 800 MHz Bus Radio system used by NYCT, and the Spectra 900 MHz Bus Radios used in MTA Buses. PA system shall have less than 1% distortion at 300 to 3000 cycles. This unit shall be mounted without impairing the driver’s field of view.

12.20 BUS SYSTEMS COMMUNICATION PROTOCOL Each bus shall be equipped with onboard communications networks compliant with SAE J1587/J1708/J1939. These circuits shall have adequate EMI protection in compliance with SAE and applicable standards. At a minimum, the following systems are required to interface on a J1939 network; engine, transmission, anti-skid braking systems (ABS-ASR), HVAC, and the electronic brake wear indicator system. An information level network (J1708) shall include the farebox, destination signs, driver’s dash, silent alarm, vehicle locator capability, door system and radio via Multiplex Gateway Module.J1587/J1708/J1939.

12.21 INTELLIGENT VEHICLE SYSTEM The bus builder shall provide an Intelligent Vehicle System (IVS) to be integrated with the on-board microprocessor controlled systems and with NYCT Wireless and Ethernet LAN. Requirements for this system are given in Appendix C1. It is essential that all features of the system be tested prior to bus deliveries through a comprehensive test plan with substantial test time included in the test schedule. To facilitate full integration of all bus systems into the IVS system a full copy of the C1 Specification shall be provided to all system suppliers.

12.22 BUS CAMERA SECURITY SYSTEM The bus builder shall install a complete bus camera security system (BCSS) as specified in Appendix C2. Refer to Appendix A “Recommended Sources and Products List” for currently approved camera system providers.

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12.23 BUS CUSTOMER INFORMATION SYSTEMS The bus builder shall install cabling for accommodation of Bus Customer Information Systems (BCIS) as specified in Appendix C3. This shall include installation of the BCIS antenna. Appendix C3 defines the requirements for pre-installation of BCIS hardware on new buses. Only wiring, connectors, and antenna are required, while specific BCIS equipment is not. The BCIS project will provide MTA’s bus customers with real-time next bus information using equipment installed on all buses to support the New Fare Payments (NFPS) project.

12.24 MISCELLANEOUS ELECTRICAL EQUIPMENT

12.24.1 ANTI-STATIC STRAPS To prevent accumulation of electrostatic electricity on the bus two static straps shall be installed on the underframe of the bus to properly discharge to ground. The NYCT approved static straps are specified in Appendix A. Alternative static straps may be used with NYCT’s approval. Installation of the straps will be reviewed and approved during the configuration audit.

12.24.2 EXIT SIGNAL A passenger chime signal audible to the driver and to passengers anywhere inside the bus shall be provided. The chime shall be activated by push buttons and bell cords that are convenient to seated passengers, standees, and passengers standing at the rear door. The bell cords shall run in four sections, and the ends of each cord shall have clean terminated ends. There shall be push buttons on all vertical stanchions and horizontal bell cords along the windows at a comfortable height above the window seated passenger at each section of the bus. Additionally, a call button shall be fitted horizontally to the underside of the wheelchair seats for use by the disabled passenger. The W/C area call buttons shall have yellow casings with a blue button with the international W/C symbol on it. Push buttons shall be durable and suited for the intended function in NYCT revenue service. The chime shall produce a minimum sound level of 72 dBA and a maximum sound level of 78 dBA at all locations throughout the bus. The chime may be integrated with the bus speakers. The exit signal chimes shall be programmed such that the bell cord and passenger call buttons give a single chime and trigger the automatic voice announcement from the PA

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system as required in Appendix C1 of these Technical Specifications. The wheelchair position call buttons shall have a distinct chime (ex. Double chime) and shall not trigger the automatic voice announcement. With the exception of the wheelchair area exit signal, the passenger chime shall sound only when the signs are first illuminated, and prevent repeated activation. The wheelchair area signal shall permit repeated activation of the chime.

12.24.3 STOP REQUESTED SIGN Contractor shall supply (two) LED back lit “Stop Requested” signs. These shall be illuminated when any passenger chime exit signal is activated. One stop request sign shall be provided in the front destination sign area centered in a position readily seen by the operator. A second stop request sign shall be provided which is easily viewable by all passengers. Sign signals shall remain illuminated until one or both passenger doors are opened. The signs shall normally appear black when not illuminated. The sign letters shall be red on a black background. The height of the sign letters shall be 2 inches minimum. An indicator light on the dash panel shall be provided and activated when the stop request signs are illuminated.

12.24.4 BACKUP ALARM Visible and audible warning shall inform following vehicles or pedestrians of reverse operation. Visible reverse operation warning shall conform to SAE Standard J593. Audible reverse operation warning shall conform to SAE Recommended Practice J994 Type F. The backup alarm shall be rated at 102dbA ±5dBA and have a minimum rating of IP56; it shall be installed in an area that is not in the direct splash and spray of liquids. A momentary switch shall be provided to disable the audible alarm and shall return to normal operation when the reverse mode is disengaged. The switch shall be labeled “Backup Alarm Disable” and located on the operator control panel.

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13.0 FIRE PROTECTION AND SUPPRESSION

The system shall comply with the applicable communication protocol requirements of the IVS and shall provide performance signals as outlined in Appendix C1.

13.1 FIRE SUPPRESSION SYSTEM (FSS) The bus shall be equipped with an automatic fire detection and suppression system. The purpose of the system is to enhance vehicle and passenger safety and survivability in the event of a fire. The FSS will provide automatic detection and suppression capabilities for the hazards identified in “HAZARD PROTECTION”. In addition to the specified system, the contractor shall propose an optimized configuration encompassing the latest technology. This proposal shall be designed for a more effective extinguishing of fires caused by electrical faults and other typical sources of ignition, and for controlling fire for additional protection of the bus and passengers. The system shall detect fires in critical areas, shall activate a fast acting extinguisher that releases suppression agent to those critical areas, and shall activate a fire alarm and warning light in the driver’s compartment.

13.1.1 CONTROL PANEL The control panel shall be located in compliance with FMVSS requirements, within view of the driver and shall not require the driver to leave the seated position to operate controls on the panel. The control panel shall provide supervision monitoring to at minimum, indicate operational status of the sensors, harnesses, and extinguisher.

13.1.2 FIRE EXTINGUISHING SYSTEM Extinguisher shall be a DOT certified bottle containing a minimum of 22 pounds of dry chemical agent, charged with nitrogen to 360 psi. Dry chemical agent used shall be determined by the bus manufacturer and system supplier to provide the best hazard protection. The fire extinguisher shall also meet the following criteria: Have a pressure gauge that is visible when extinguisher is installed on the bus. Operate over a temperature range of –20°F to 150°F. Weigh less than 60 pounds when filled. Not exceed 22 inches in height to facilitate vertical mounting beneath the bus floor. If

determined by NYCT, extinguisher bottles mounted outside of the vehicle shall have sufficient protection/guard plates to ensure the bottle is not damaged by road debris.

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13.1.3 THERMAL DETECTORS

Thermal detectors shall be of the linear thermal type (LTD). Linear Thermal Detectors shall be marked to clearly indicate the wire is a fire detector and shall have the words ”DO NOT CHAFE, KINK, CUT or PAINT” every 18 inches marked on the wire. LTD wire shall be supported using swivel wire ties appropriate for LTD to prevent chaffing or rubbing. LTD wire shall be independently routed and shall not be used to secure other components (wires, air lines, etc). The contractor shall also include in their proposal the latest thermal type detection technology such as a Thermal Lug Sensing Element (TLSE) system, or equivalent. If a TLSE type thermal detector system is provided, it shall be supported every 8 inches using mounting clamps, brackets, and hardware approved for the application.

13.1.4 OPTICAL INFRARED DETECTORS Optical infrared detectors shall be of the dual band type. The infrared detectors shall detect open flames---this shall include diesel fuel and other hydrocarbon fires over a 90-degree minimum conical field of view. The sensors shall have a response time of less than one second. The sensing system shall monitor short and long wavelength radiation channels. Each sensor shall have a status LED that will be on steady if sensor power is OK and will blink if the detector has alarmed and shall remain blinking until maintenance personnel have reset the power to the system. A camera may be used that has the same viewing angle as the sensor to determine proper aiming. Copies of viewing angles and referenced locations shall be furnished in the certification report. The sensors shall also meet the following criteria:

The sensors shall operate over a temperature range of minus 40°F to plus 250°F.

Quiescent current drain shall be less than 30mA.

The sensors shall weigh less than 0.75 pound and shall occupy less than 12 cubic

inches.

The sensors shall be immune to false alarms from the following sources:

Sunlight

Flashlight (3D-cell Maglite)

Lightning (excluding direct hit)

Vehicle Headlight

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Steam Cleaning (15 seconds exposure)

Incandescent Light (100W, frosted) at 2 inches or greater.

Welding Arc (300 amp, 1/8-inch rod) at 30 inches or greater.

13.1.5 MANUAL DISCHARGE BUTTON

A manual discharge press-button switch shall be installed in the operators’ area so that the operator can manually deploy the system. The switch shall incorporate a removable guard, which is held in place by a metal wire sealed with leads to prevent accidental discharge. In systems with more than one zone, activation of switch shall discharge extinguishers in all zones simultaneously.

13.1.6 INTERFACE TO VEHICLE CONTROLS The AFSS shall provide a signal for integration into the vehicle system controls to provide the following shut downs at time of detection: HVAC System, driver’s defroster blower and booster blower. Initiate an engine shut down process (Extended operating time under fire conditions,

beyond 15 seconds, is not recommended). The engine shut down shall occur prior to or simultaneously with the discharge of the suppression agent.

Upon manual activation, the system shall provide a signal for integration into the vehicle system controls to provide immediate chemical discharge along with the following shut downs: HVAC System Immediate Engine shut down The control panel shall incorporate a means to reset the engine shutdown signal after a fire event. An FSS discharge signal shall be provided to the IVS in case of manual or automatic discharge to allow time and location stamping of the event.

13.1.7 HAZARD PROTECTION The engine compartment shall be protected by a one-shot automatic extinguishment system activated directly from the system control panel.

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13.1.7.1 Engine Compartment

The engine compartment shall have 3 dual band optical infrared sensors positioned to monitor the key sources of potential fire and heat. Key sources shall include but not be limited to the turbo, hydraulic cooling fan, and exhaust system. Sensors shall be permanently mounted to prevent re-orientation during normal maintenance. An appropriate length of LTD/TLSE shall be provided for coverage of critical areas. Detectors shall be located to provide thermal detection of the A/C clutch, high current electrical cables/harnesses, starter, alternator/generator and wiring. High heat areas likely to be wetted by leaking flammable fluids shall also be provided with thermal detection. If all, or a portion of the element, is heated to abnormal temperatures, the detection module shall send an alert to the bus operator. The TLSE detector shall be capable of distinguishing between fault or alarm conditions. Damage to or cutting of the element shall not false discharge the system. If the element is cut or damaged, it shall still detect and activate the FSS if a thermal event occurs. A minimum of four (4) conical discharge dry chemical nozzles connected to an extinguisher shall be located to provide maximum protection with minimal interference from obstructions.

13.1.8 HAZARD ANALYSIS AND CERTIFICATION CRITERIA A Fire Suppression system factory representative shall evaluate (hazard analysis) and approve the location, orientation and quantity of all components. A certification report shall also be provided including details such as installation drawings, schematics, system layout, operation, bill of materials, viewing angles and reference locations. A comprehensive temperature mapping analysis must be conducted for the most severe case of operation in the engine compartment. All hoses, clamps, loom and standoffs in the engine compartment must be documented to be rated to withstand the temperatures that they will be exposed to. All hoses, clamps, loom, standoffs, and wire ties on the turbo side of the engine must be rated for 340 degrees at a minimum.

13.2 FIRE EXTINGUISHER A 5-pound multi-purpose, non-refillable fire extinguisher, complete with mounting bracket shall be provided. The fire extinguisher shall be mounted behind the operator in a position that is readily accessible to the operator and out of the reach of passengers. The orientation shall allow a clear view of the pressure gauge. A visible decal shall indicate that the compartment contains a fire extinguisher.

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14.0 HEATING, VENTILATING AND AIR CONDITIONING

14.1 CAPACITY AND PERFORMANCE

The HVAC climate control system shall be capable of controlling the temperature and maintaining the humidity levels of the interior of the bus as defined in the following paragraphs and in Appendix A. The test is to be conducted at an independent testing facility with a temperature controlled room capable of maintaining the required ambient temperature and humidity levels specified. A detailed report of the thermocouple placement, recorded temperatures, procedure, pictures, solar loads, etc, along with the raw data is to be provided. The Air Conditioning System shall be capable of maintaining the temperature within the bus below 78 degrees during the most severe hot weather conditions that occur in New York City while operating in the Manhattan Duty Cycle. Testing to ensure the capabilities of the system in these conditions shall be outlined in the proposal. Appendix A Section 9 details a required testing process and parameters. Additional testing to ensure the systems capability to respond to humidity and low engine RPM’s shall be proposed. The HVAC unit shall be an assembly containing the condenser, evaporator, coolant supplied heating coil and controls that may either be roof or rear-mounted. The compressor shall be a high capacity reciprocating compressor that is belt driven off the engine. The bus manufacturer may submit a proposal for a rotary screw compressor subject to NYCT review. With the bus running at the design operating profile with corresponding door opening cycle, and carrying the full seating and standee passenger load, the HVAC system shall control the passenger compartment temperature within a range between 60 and 72 °F during the heating season and between 68 and 78 °F during the air conditioning season, while maintaining the relative humidity to a value of 50 percent or less. The system shall maintain these conditions while subjected to any outside ambient temperatures within a range of 10 to 95 °F with allowance for temperature to go to 80° at 103 °F ambient temperature and at any ambient relative humidity levels between 5 and 50 percent. System capacity testing, including pull-down/warm-up, stabilization and profile, shall be conducted in accordance to the requirements set forth in Appendix A. Additional testing shall be developed, proposed and performed as necessary to ensure compliance to performance requirements stated herein.

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The air conditioning system may use either R134a or R407C to meet these performance requirements. The Contractor shall present the detailed design of the HVAC system to NYCT for review during the pre-production phase of the contract.

14.2 CONTROLS AND TEMPERATURE UNIFORMITY The HVAC system excluding the driver’s heater/defroster shall be centrally controlled with an advanced electronic/diagnostic control system with provisions for extracting/reading data. The suction and pressure readings of the AC system shall be monitored by permanently mounted transducers and readings shall be made through the control unit and diagnostic tool. There shall not be access to the controls, switches, settings, etc by passengers from the passenger compartment. The system shall be compliant with J1939 Communication Protocol for receiving and broadcasting of data and in compliance with the requirements of Appendix C1 for data reporting to the IVS. Hot engine coolant water shall be delivered to the HVAC system driver’s defroster/heater and other heater cores by means of an auxiliary coolant pump, sized for the required flow, which is brushless and seal less having a minimum maintenance free service life for both the brushless motor and the pump of at least 40,000 hours at full power. Brushless motors shall be used for the condenser fan, evaporator blower fans and passenger area heater units. Temperature modulation is to be controlled through reheat of the system and compressor unloaders, not through clutch engagement and disengagement of the compressor. Alternative configurations and control methodologies may be proposed. The climate control system shall maintain the interior of the bus at a level suitable for all climate conditions in the NYC metropolitan area. The system shall be designed to achieve a set point of 68ºF on cooling and 72 ºF on heating. The system shall be tested in accordance to the criteria listed in the HVAC Qualification Tests (Appendix A). The interior climate control system shall switch automatically to the ventilating mode if the refrigerant compressor or condenser fan fails. A manual switch shall be provided in the driver’s area for controlling dehumidification operation throughout the bus. It shall activate the A/C compressor for dehumidification, but shall be independent of the ambient temperature sensor.

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14.3 AIR FLOW

All ducting shall be installed in a manner to maximize airflow and eliminate leakage for the life of the bus. A test must be conducted or report provided and the ducting constructed so that uniform cooling is available at the front of the bus, the center and the back. The duct mounting shall use stainless steel hardware. All ducts between the A/C unit and the bus shall be completed in a manner that does not restrict airflow. The vendor shall provide a serviceable curtain to isolate tanks valves and hoses from the air flow. The curtain shall be easily removable for ease of maintenance of equipment.

14.3.1 PASSENGER AREA The cooling mode of the interior climate control system shall introduce air into the bus at or near the ceiling height at a minimum rate of 25 cubic ft per minute (cfm) per passenger based on the standard configuration bus carrying the full seating and standee passenger load. Airflow shall be evenly distributed throughout the bus, with air velocity not exceeding 100 ft per minute on any passenger. The ventilating mode shall provide air at a minimum flow rate of 20 cfm per passenger. Airflow may be reduced to 15 cfm per passenger (full seating and standee passenger load) when operating in the heating mode. The fans shall not activate until the heating element has warmed sufficiently to ensure at least 70 °F air outlet temperature. The heating air outlet temperature shall not exceed 120 °F under any normal operating conditions. The climate control blower motors and fan shall be designed such that their operation complies with the interior noise level requirements.

14.3.2 DRIVER’S AREA The bus interior climate control system shall deliver at least 100 cfm of air to the driver’s area when operating in the ventilating and cooling modes. Adjustable nozzles shall permit variable distribution or shutdown of the airflow. Airflow in the heating mode shall be reduced proportionally to the reduction of airflow into the passenger area. The windshield defroster unit shall meet the requirements of SAE Recommended Practice J382 “Windshield Defrosting Systems Performance Requirements” (tested per SAE J381) and shall have the capability of diverting heated air to the driver’s feet and legs. The defroster or interior climate control system shall maintain visibility through the driver’s side window.

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14.4 DRIVER’S COMPARTMENT REQUIREMENTS A separate heating, ventilation and defroster system for the driver’s area shall be provided and shall be controlled by the driver. The system shall meet the following requirements: The heat/defrost system fan shall be controlled by a separate switch that has an “off” position and at least two positions for speed control. All switches and controls shall preclude the possibility of clothing becoming entangled, and shields shall be provided, if required. A manually operated control valve shall control the coolant flow through the heater core. The heater and defroster system shall provide heating for the driver and heated air to completely defrost and defog the windshield, driver’s side window, and the front door glasses in all operating conditions. Fan(s) shall be able to draw air from the bus body interior and/or the exterior through a control device and pass it through the heater core to the defroster system and over the driver’s feet. A minimum capacity of 100 cfm shall be provided. The driver shall have complete control of the heat and fresh airflow for the driver’s area. The driver shall be able to adjust the temperature in the driver’s area through air distribution and fans. The defroster supply outlets shall be located at the lower edge of the windshield. These outlets shall be durable and shall be free of sharp edges that can catch clothes. The system shall be such that foreign objects such as coins or tickets cannot fall into the defroster air outlets. Industrial grade adjustable ball vents or louvers shall be provided at the left of the driver’s position to allow direction of air onto the side windows. These shall be mechanically fastened to the dash with a tamper resistant fastening arrangement. A ventilation system shall be provided to ensure driver comfort and shall be capable of providing fresh air in both the foot and head areas. This shall be accomplished with a driver’s booster blower. Alternative air delivery arrangements for the driver may be provided if they meet the volume of air flow and are controllable by the driver. Vents shall be controllable by the driver from the normal driving position. Decals shall be provided, indicating “operating instructions” and “open” and “closed” positions. When closed, vents shall be sealed to prevent the migration of water or air into the bus.

14.5 AIR FILTRATION Air shall be filtered before discharge into the passenger compartment. The filter shall meet the ANSI/ASHRAE 52.1 requirement for 5 percent or better atmospheric dust spot

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efficiency, 50 percent weight arrestance, and a minimum dust holding capacity of 120 g per 1000 cfm cell. Air filters shall be easily removable for service. Air filters shall be disposable pleated type and easily removable for service. Moisture drains from air intake openings shall be located so that they shall not be subject to clogging from road dirt. A/C return air filters shall be effectively fastened within ducts or plenums such that the filter completely seals off the channel and prevents any bypass of unfiltered air downstream in the system.

14.6 SYSTEM REQUIREMENTS The condenser and evaporator coils shall be coated in an aqueous base lacquer material to provide a 2 mil thick coating of the entire exterior surface for corrosion protection. The air conditioning system compressor engagement clutch, if used, shall be equipped with lubricate-able bearings. Bearing housing shall have Zerk type fittings, grease passageways and a grease pressure relief valve. Clutches that are maintenance free may be proposed and require Project Manager’s approval. Receiver tank(s) shall be provided with sight glass for inspection of the refrigerant level. High and low refrigerant pressure and other relevant system readings shall be available thru interface with either a diagnostic tool or electronic display. The A/C compressor shall resist liquid slugging and shall have a clutch control with reheat capability.

14.6.1 REFRIGERANT LINES Refrigerant lines shall, to the extent possible, be constructed in a manner to minimize hoses, flexible lines and short radius bends. Vibration eliminating hoses shall be used to reduce transmission of compressor refrigerant pulsing into the system. Refrigerant lines shall be constructed of seamless 122 copper or stainless steel tubing and shall connect to the compressor via flexible stainless steel lines. Joints shall be silver soldered except for serviceable components in the low side of the system. Manually controlled shutoff valves in the refrigerant lines shall allow isolation of the compressor and dryer for service. All service valves shall be readily accessible for regular maintenance. Refrigerant lines shall be properly supported and routed to prevent chafing and rubbing. The suction and discharge lines shall be mounted to minimize vibration and shall be located away from chafe points caused by structure, harnesses, or lines in the vicinity.

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14.7 MAINTAINABILITY

Manually controlled shut-off valves in the refrigerant lines shall allow isolation of the compressor and dehydrator filter for service. To the extent practicable, self-sealing couplings utilizing O-ring seals shall be used to break and seal the refrigerant lines during removal of major components, such as the refrigerant compressor. Shut-off valves may be provided in lieu of self-sealing couplings. The condenser shall be located to efficiently transfer heat to the atmosphere and shall not ingest air warmed above the ambient temperature by the bus mechanical equipment, or to discharge air into any other system of the bus. The location of the condenser shall preclude its obstruction by wheel splash, road dirt or debris. HVAC components located within 6 inches of floor level shall be constructed to resist damage and corrosion. Permanent labels (decals) shall be mounted near fill valves stating the refrigerant type in system. A/C panels that must be removed for routine service shall be secured with stainless steel hex head cap screws or “T-Key” or Snap lock type latches. The following shall be readily accessible for routine maintenance:

All service valves

belt tightening or replacement

checking refrigerant pressure and level

filter/dryer replacement

compressor replacement.

refrigerant sight glass on the receiver tank(s)

Compressor alignment and belt tensioning shall be accomplished through the minimal use of special tools and shall be able to be accomplished by a single bus maintainer. For rear mounted units, components located in the rear compartment shall be accessible through an exterior door; this door shall be equipped with a retractor belt or other approved NYCT mechanism for closing the door. The mechanism housing shall contain a drainage hole.

14.8 HEATING SYSTEM The heating system shall accomplish the performance required through a combination of roof mounted heater coils and floor mounted heater units without the use of diesel fueled

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auxiliary heaters. The system shall distribute heated air throughout the passenger compartment through the uses of floor mounted units that contain heater coils fed by engine coolant and brushless blowers that warm re-circulated air and distribute it through air ducts along the wall at the floor. These ducts shall be designed to minimize collection of debris. The units shall be constructed of stainless steel with trash shields on top where appropriate to prevent collection of debris on top. They shall be mounted as to preclude the gathering of debris underneath the unit. Access to the internal components of the units shall be accomplished without the need to remove seats or disassemble other components. The units shall be provided with shut off valves (at the units connection to the coolant feed) to allow replacement of the unit and components with minimal loss of coolant. Return air filters shall be easily accessible for cleaning. Heat shall be supplied to the front door entrance area to maintain a tread surface temperature no less than 35 °F in an ambient of -10 °F to prevent accumulation of snow, ice or slush with the bus operating under design operating profile and corresponding door opening cycle.

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15.0 SIGNAGE

15.1 NUMBERING AND SIGNS Monograms, numbers, and other special signing specified by NYCT shall be supplied by the manufacturer and applied to the inside and/or outside of the bus as required. Decals with laminate overlay shall be used where no clear coat is applied. The exact wording, size, color, and location of decals and signing shall be as defined in the Appendix A. Exterior decals shall durable, chip and peel resistant and resist fading due to weather, sunlight or washing operations, for a minimum of three years, after the date of acceptance and include air egress channels. In addition, decals indicating the refrigerant type are required at all the service points of the climate control system.

15.1.1 FLEET IDENTIFICATION NUMBERS In order to permit easy aerial identification and surveillance, the manufacturer of the bus shall supply and install NYCT fleet identification numbers on the roof of buses. It is anticipated that each bus fleet number shall consist of a four-digit number. In addition to the other areas fleet identification numbers are called for in this specification, bus numbers shall be provided:

Centered over the front entrance door

Centered over the bus operator’s window

Horizontally centered on the blue stripe on the front of the bus over the curbside

headlights

Horizontally centered on the blue stripe, over the front curbside tire area

Horizontally centered on the blue stripe, over the front roadside tire area

Rear of the bus along the top

In the interior front area of the bus, clearly visible to passengers

Centered on the inside of the fuel fill door

15.1.2 REAR BUS NUMBERS

Sufficient flat space shall be provided on the top rear center of the bus to affix a four numeral fleet number.

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15.1.3 ROOF TOP NUMBERS MOUNTING LOCATION Black roof mounted anti-skid fleet identification numbers shall be applied, evenly spaced roadside to curbside between the roof hatches. The diagram below depicts the mounting scheme:

Each anti-skid number shall be as large as space allows. Number heights shall be 24 inches high for sideways facing numbers.

15.1.4 ANTI-SKID TAPE Anti-skid tape shall be provided around the perimeter of each roof-mounted escape hatch. There shall be no less than 1 inch of clearance between the roof-top fleet number and the anti-skid tape around the hatches. Anti-skid tape shall also be provided on and around any roof-mounted covers that require access for maintenance (ex., HVAC unit/evaporator/condenser). Roof-mounted anti-skid tape shall be 12 inches wide and matched to the paint color of the roof.

15.1.5 SBS DECALS (WRAP) (APPLICABLE ONLY TO ARTICULATED BUSES) Buses destined to SBS shall have an exterior wrap applied to the exterior of the bus covering the area under the windows, for the entire perimeter of the bus. The final layout shall be approved by the Project Manager.

15.1.6 MATERIALS Numbers shall be constructed of UV resistant cast vinyl, backed with permanent type pressure-sensitive adhesive. Color shall be throughout the base material, not applied to it by silk-screen or other printing methods. All materials used to construct numbers shall

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maintain their physical properties, color, adhesion, and readability after exposure to the elements for a minimum period of six years. Edges shall be cut smooth. All corners of interior and exterior decals shall be radiused, to prevent lift up.

15.1.7 STYLE The fonts as depicted on the individual decal drawings (Reference decal kits in Appendix A) shall be provided.

15.1.8 INSTALLATION All decals shall be installed per the decal and paint supplier recommendations. Number decals shall be installed free of bubbles and wrinkles.

15.1.9 ADA COMPLIANT BUS FLEET NUMBER SIGNAGE The contractor shall provide ADA compliant signage which identifies the bus fleet number in Braille and also with raised letters and numbers in accordance with Appendix A. The signage shall read “THIS IS BUS XXXX”, with the appropriate bus fleet number inserted. The signage shall be resistant to chemicals, graffiti, and vandalism. The back of the signage shall be provided with a high strength bonding adhesive. The signage shall be installed on the driver’s rear barrier facing the aisle, or the dash area just inside the front door. The final location of the signage shall be determined during the configuration audit.

15.2 ELECTRONIC ROUTE DISPLAYS The Bus Builder shall provide an LED destination sign system comprised of a front sign, curb side and rear signs all simultaneously programmable by a single sign controller. See Appendix A for NYCT recommended route display systems. All signs shall display the destination message and/or bus route information only when the master run switch is on. Alternatively, when the bus master run switch is in the off position, the signs shall appear blank (all blank). The minimum number of rows and columns of each sign shall be 24 by 200 for the front sign, 15 by 120 for the side sign, and 15 x 48 for the rear sign. All signs (Front, Side and Rear) shall be encased to protect the electronic boards from damage and to facilitate easy and efficient removal and replacement of the entire sign unit (Front, or Side, or Rear). The front and side signs shall identically display the same message. The destination messages shall be formatted to take advantage of the sign sizes and the characters shall be of a uniform size on a given line. The Front and Side signs shall be designed with removable rear access panels to facilitate electronic board or module removal and

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replacement for maintenance purposes without the need to remove the outside glass. The front sign glass defroster shall be thermostatically controlled and energize and de-energize with windshield defroster. If front destination sign door is hinged from the bottom, the door shall be secured with a double latch mechanism to prevent injury to the bus operator or maintainer. The side sign shall be mounted along the upper edge of the first curb side window aft of the front door or as approved previously on the same bus model. The front and side signs shall display the bus route information and destination during normal operation. The rear sign shall be a sealed unit with the connector protected from damage and degradation and display only the bus route information. The sign controller shall be provided with an Operators Display Keyboard (ODK) with 10,000 lines of memory, capable of high speed data transfer via a USB port or a Flash card to reliably perform manual data download of a file size of two mega bytes to the sign controller within 120 seconds. In addition, the system shall be capable of wirelessly uploading updated route files through a Wi-Fi transmitter mounted in the bus interior to a depot-based access point that would connect to a NYCT data server. The wireless destination sign update system shall be fully operational (including server and interface software), and shall not require additional software licensing. Reference Appendix C4 for the technical requirements overview of the destination sign database uploading via the existing depot Wi-Fi. The controller shall allow setting of the route from a Cubic-Western farebox controller via a 9 pin RS-232 serial port; the signs shall be able to be operated either from the farebox controller or from the sign controller. The sign controller shall be able to operate independently of the farebox in the event of a communication malfunction from the farebox. The bus builder shall confirm and validate the communication protocol between the ODK and the farebox during the test and development period. The ability to customize display messages through the ODK shall be disabled. It shall be possible to run a diagnostics function through the ODK that is capable of identifying and displaying messages, status messages, failure message, and error codes that result from the sign system diagnostic test, and Power on Self Test. This system shall be provided with:

Emergency message reset

Repair and maintenance documentation for both field and depot level repair that

will allow removal and replacement of the sign, system diagnostics, testing, and

troubleshooting, fault isolation and repair procedures for all circuit components of

all modules and circuit boards used in the sign system.

Functional description of the complete system and system controller.

Engineering drawings, circuit schematics, and installation drawings

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15.2.1 DESTINATION SIGN EMERGENCY MESSAGE

It shall be possible to activate the emergency message via a foot switch located near the bus operator’s seat, in compliance with NYCT’s standard emergency message system. When the emergency message is activated, the ODK screen message shall not change from its previous message. The front and side destination signs shall alternate the words “EMERGENCY” (for at least 2 seconds) with “CALL POLICE” (for at least 2 seconds) until the emergency message is reset. Both words will be displayed for the full lengths of the sign with all capital letters. The rear destination sign shall continuously display or stream the message “CALL POLICE” in all capital letters until the emergency message is reset. The emergency message shall be reset by pressing the footswitch a second time to cancel the message transmission to the ODK, then either:

1) user presses Dest. A or Dest. B button and then the enter button - as usual to turn off the emergency message. The signs will display whatever is programmed into Dest. A or Dest. B at this time.

2) The user can also enter a route number and then the enter key, directly after pressing Dest A or Dest B. The signs shall then display the selected route.

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16.0 WHEELCHAIR RAMP

An ADA compliant wheelchair loading system shall be located at the front door, with the ramp being a fold out type design capable of deploying to the ground at a maximum 6:1 slope. The ramp shall be power operated by a seated driver (no manual operations required to board wheel chair passengers). The ramp shall be electrically powered and have a demonstrated in service history of high reliability.

16.1 WHEELCHAIR LEGAL REQUIREMENTS The wheelchair loading system and appurtenances shall comply with all applicable legal requirements, including Federal “Americans with Disabilities Act” (ADA) — 49 CFR Part 38 Guidelines and “FTA Guideline Specifications for Passive Lifts, Active Lifts, Wheelchair Ramps and Securement Devices” (DOT-T-93-03). Documentation in a binder indicating compliance to each applicable legal requirement is to be provided along with testing data and drawings. A blanket statement of compliance is insufficient.

16.2 WHEELCHAIR LOADING SYSTEM The wheel chair loading system shall provide safe, comfortable and rapid ingress and egress for a passenger in a wheelchair either from the street level or a curb. The wheelchair loading system shall not present a hazard to or inconvenience any person. The ramp system shall be designed to operate in NYCT’s service area where curb heights may reach 10 inches and varying degrees of road crown. When not in use, the ramp and passageway shall appear normal. In the stored position of the ramp, no tripping hazards shall be present. The controls shall be simple to operate with no complex phasing operations required. The loading operation shall be under the surveillance and complete control of the driver. All controls for the wheelchair mechanism shall be under the control of a seated Bus Operator to prevent unauthorized use of the ramp. The bus shall be prevented from moving and the engine throttle shall be disabled when the wheelchair loading system is activated or whenever a wheelchair ramp is deployed. The ramp status proximity switch shall be protected from road debris. The loading system shall be inhibited from stowing/ deploying when a passenger is on the ramp/platform. The wheelchair loading ramp clear width shall be no less than 28.50 inches at platform level, a minimum clear width of 30 inches measured from 2 inches above the platform surface to 30 inches above the platform, and a minimum clear length of 48 inches

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measured from 2 inches above the platform surface to 30 inches above the surface of the platform and capable of accommodating a total load of 660 pounds. Floor mounted barrier plates, if provided, shall prevent wheelchair wheels from falling into crevices. Any gaps between the platform and the raised barriers shall not exceed 0.625 inches in width. When the ramp is in the deployed position, the perimeter gap between the floor and the ramp shall not exceed 0.625 inches. The loading ramp shall be covered with a bonded on replaceable non-skid material that shall remain effectively skid-free when wetted. No spray or brush applied coatings (such as RhinoGuard® or LINE-X®) are acceptable on any areas of the wheelchair ramp flooring. Wheelchair loading system solenoids, controls, motors and pump if provided shall have a minimum rating of IP56 and mounted in an area that is not in the direct splash and spray of liquids. The ramp shall be fitted with barriers to prevent any powered or non-powered wheelchair from rolling or being driven off the sides during loading or unloading. A passenger on the loading ramp shall be able to easily obtain support during the entire loading and unloading operations by grasping passenger assist(s) provided for this purpose. Deployment or storage of the ramp shall require no more than 15 seconds. The device shall function without failure or adjustment other than normal maintenance for 500 cycles in all weather conditions encountered in NYCT revenue service. A manual override system shall permit unloading of a wheelchair and manually storing the device in the event of a primary power failure. Manual operation of the ramp shall not require more than 20 pounds of force. Manual operation shall be achievable through a release mechanism that does not require contact with a floor mounted strap. LED lights shall illuminate the loading area. These lamps shall illuminate when the boarding system is in operation and shall illuminate the street surface to a level of no less than 1 foot-candle for a distance of 3 feet outward from the outboard edge of the door threshold.

16.3 WHEELCHAIR RESTRAINTS Seat assemblies (as close to the wheelchair loading system as practical) shall provide parking space and secure restraints for two passengers and wheelchairs. Securing devices for two wheelchairs shall be provided in the parking space. Wheelchair restraints shall be provided as flat transit style hooks. Wheelchair restraints that are removable and lock into the floor of the bus when in use are not acceptable. Securement devices

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provided for the wheelchair assembly are to accommodate all current wheelchair styles. Separate “scooter belts” are to be provided for this purpose for each wheel chair location. The scooter belts shall be provided as a set of four (4) - 16” long blue “webbing loops” per bus. A separate lockable compartment shall be provided near the driver for the purpose of storing the scooter belts. The lock shall accept key code #0C00.

16.3.1 FORWARD WHEELCHAIR RESTRAINTS On the forward side of the wheelchair parking area, the contractor shall provide a retractable wheel well mounted securement on the aisle side and a wall mounted securement on the wall side. If the contractor can demonstrate that this arrangement is unfeasible, an alternate front securement device can be proposed (such as ARM or V-PRO).

16.3.2 REAR WHEELCHAIR RESTRAINTS The contractor shall supply a restraint system with a stainless steel recessed remote cable release paddle in the wheelchair barrier for the two rear hooks in each wheelchair parking location. The remote release cable shall be shielded from passenger’s feet between the mounting location of the restraint and the point it enters the barrier. As an alternate, a self contained unit (such as the Dual Auto Lock) mounted between the legs of the barrier with hook ends is acceptable as a rear wheelchair restraint. The unit shall provide a knob that unlocks the belts for a limited window of time and then relocks the belts- allowing the belts to retract but no longer extend.

16.4 WHEELCHAIR MANEUVERING ROOM Maneuvering room inside the bus shall accommodate easy travel for a passenger in a wheelchair from the loading ramp through the bus to the designated securement area, and back out. No portion of the wheelchair or its occupant shall protrude into the normal aisle of the bus when parked in the designated parking space(s). When the positions are fully utilized, an aisle space of no less than 20 inches shall be maintained. As a guide, no width dimension should be less than 34 inches. Areas requiring 90 degree turns of wheelchairs should have a clearance arc dimension no less than 45 inches and in the parking area where 180 degree turns are expected, space shall be clear in a full 60-inch diameter circle. A vertical clearance of 12 inches above the floor surface shall be provided on the outside of turning areas for wheelchair footrest clearance.

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16.5 WHEELCHAIR CUSTOMER ENVELOPE HOLDER A wheelchair customer envelope holder (a message box as described in Appendix A) shall be mounted on the electronic cabinet barrier behind the driver’s seat. The location is to be established at the time of the configuration audit.

16.6 WHEELCHAIR ACCESSIBILITY TEST (FUNCTIONAL TEST) The Contractor shall perform the NYCT box test to demonstrate compliance with ADA requirements. The box test shall employ a wooden model 30” wide, 28” tall and 48” long, set on two casters in the front and two rollers at the back that elevate the box 2” off the ground. The wheels will be set 28-1/2” apart. At the front the box will have the corners cut 4” on the width and 9” on the length. The rear of the box will have 3” X 3” cut outs to represent the shape of an actual wheelchair.

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17.0 MISCELLANEOUS

17.1 INTERIOR ADVERTISING MEDIA

Advertising media 11 inches high and 0.09 inches thick shall be retained near the juncture of the bus ceiling and sidewall. The retainers may be concave and shall support the media without adhesives. The media shall be illuminated by the interior lighting system (reference Appendix A).

17.2 EXTERIOR ADVERTISING MEDIA Advertising media will be placed on the front, sides and the rear of the buses. Placement of the advertisement may be over the painted blue stripe and the blue painted stripe must resist repeated placement and removal of advertising media. The front of the bus shall maximize open space available to accommodate advertising media as per Appendix A. The rear of the bus shall have an open flat space maximized to accommodate advertising media as per Appendix A. The decal layout of the bus shall not encroach upon this dedicated space.

17.3 BUS CUSTOMER INFORMATION CENTER A message board shall be provided to accommodate a 21 inches wide by 22 inches tall bus map that shall have an acrylic cover to protect the map. It shall be mounted on the surface facing the passenger compartment. Also, a three section holder capable of accommodating 3½-inch wide bus maps and information pamphlets shall be provided below the message board. See Appendix A.

17.4 TUMBLER CARD HOLDER Contractor shall provide a tumbler cardholder mounted on the top of front dash to the left of the front run number sign. This holder shall be mounted so that a card mounted in the holder is visible through the windshield. See Appendix A.

17.5 RUN NUMBERS Contractor shall supply an injection molded three digit “Run number sign” with a display area of 3.5” X 4.0” for each character. The sign shall be dash mounted and shall be visible through the lower portion of the right (curbside) front windshield. All three character spaces shall have the capability to display 0,1,2,3,4,5,6,7,8,9,0 and X readings. The run sign shall be LED backlit, have a spring loaded return and have Mylar curtains. It

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shall have a sturdy mounting bracket to withstand vibration; it shall not be mounted directly to the dash.

17.6 REGISTRATION HOLDER Contractor shall provide a bus registration holder, to be mounted on the front destination sign compartment or upper left of the driver, of sturdy design and of a color to match the color of the mounting location. The front panel shall be in Plexiglas or other clear abrasive resistant material so that the registration information is visible at all times.

17.7 FARE COLLECTION Adequate space shall be provided, as far forward as practical, and necessary structural and electrical provisions shall be made for installation of a Cubic-Western AFC farebox. The farebox pedestal shall be constructed and assembled to Genfare and/or Cubic Western OEM quality and strength (i.e.: weld quality and reinforcement). It shall be constructed of stainless steel with sufficient spot and fillet welds to withstand vibration in NYCT service. The exterior shall be finished without visible grind marks, burn spots and other visible marring. Installation of the farebox and pedestal shall be as per Appendix A NYCT Farebox installation guidelines. Installation of a farebox shall not limit:

The driver’s view of any area necessary to operate the bus

Easy access to the bus for passengers (passengers shall not be required to

squeeze past the farebox in order to gain entry or depart from the bus)

The collection of fares

Retrieval of revenue

The location of the farebox shall be determined in consultation with NYCT. The farebox shall not restrict traffic in the vestibule, and shall allow the operator to easily reach the keypad.

The farebox mounting location shall not restrict access to the operator’s area and shall not restrict operation of operator’s controls. Farebox location shall permit accessibility to the vault for each manual removal of revenue or attachment of suction devices. All

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access doors on Cubic-Western farebox/pedestal shall be fully accessible without any obstructions. The Contractor shall also provide a dedicated, shielded 24-volt, 14 gauge power supply harness protected by a dedicated 15 amp manual reset circuit breaker to accommodate the Cubic-Western farebox. This harness shall be as per Appendix A. The power, ground and shield shall go into a weather pack 3 pin male connector with an index code of “310”. Power to the 15 amp circuit breaker shall be “on” at all times and shall be reviewed by NYCT. Contractor shall install a shielded communication wire harness connected from the destination sign’s RS-232 port to the farebox. The communication harness shall be by Cubic-Western or to Cubic-Western specifications. Both harnesses (the power and communication) shall be routed in such a manner that the cable comes up the right hand front corner of the pedestal (facing the inside of the bus from the front entrance door) up to the top of the pedestal. These cables shall be of sufficient length to meet and align six (6) inches above the top edge of the pedestal. These connectors must be approved by NYCT and must be designed to prevent inadvertent disconnection from vibration. The Contractor shall fully test the farebox to destination sign operation using the codes assigned to NYCT routes. Prior to delivery to NYCT the 24 volt power for the farebox (12 volt for the dash control head and 12 volt for the radio unit), should be wired to be off whenever the multiplexer system is in sleep mode. A jumper wire in a three way weather pack connector shall be provided to allow this feature to be disabled. When the jumper wire is removed, the farebox loads return to the battery power. A pedestal mounting bolt, under the bus floor, shall be connected to an additional chassis ground with a ground strap. The farebox mounting platform shall be reinforced, as necessary, with a plywood base as detailed in Appendix A, to provide a sturdy mounting platform and to prevent shaking of the farebox. The farebox location shall be provided with black powder coated stainless steel barrier assists, which shall provide a minimum knuckle clearance of 1-½ inches. The design and configuration of the farebox barrier is subject to NYCT approval.

17.8 CHILD HEIGHT MARKER A Permanent 44-inch height marker shall be installed near the front doors. The marker placed on the curbside entrance door stanchion shall be knurled and painted red.

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17.9 LICENSE PLATES Provisions shall be made to mount standard size US License plates on the front and rear of the bus. License plates shall be mounted for cleaning by automatic bus washing equipment without being snagged by the brushes. The front mounting location shall be provided with a suitable license plate holder to secure the edges of the license plate. The rear mounting location shall be recessed and provided with a lamp. License plates shall be mounted on or to the left (roadside) of the bus center and shall not allow a toehold or handhold for unauthorized riders. The vendor is required to go through NYCT bus wash to validate the front and rear installations. License plates mounts shall allow for installation via riveting to prevent tampering.

17.10 EXTERMINATION Each completed bus is to be exterminated using NYCT currently recommended insecticides. Refer to Appendix A “Recommended Sources and Products List” for currently approved insecticides.

17.11 DIAGNOSTIC EQUIPMENT AND SPECIAL TOOLS The Contractor is responsible to identify and provide a list of all special tools (software, hardware, accessories, diagnostic cables and electronic devices) that are required to service and overhaul the bus for NYCT review and approval. This requirement shall apply to all systems, which require any specialized electronic, electrical or mechanical device that is not readily and commercially available, to inspect, repair, troubleshoot and diagnose. All special tools, software, hardware, accessory, diagnostic and troubleshooting equipment shall be provided as per Article 19A- Schedule of Deliverables of the Terms and Conditions. The contractor shall provide System Test/ Diagnostic Equipment for their proposed multiplex system in compliance with the quantity identified in the Contract Terms and Conditions.

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17.11.1 3D MODEL SOFTWARE REQUIREMENTS The Contractor shall provide a 3D model of the bus with the applicable software thirty days after the delivery date of the final production bus, as specified below: Four copies of a 3D model of the bus on CD-ROM.

3D models must include, but not limited to, interior and exterior panels/doors,

windows, mirrors, all window and door seals, rub rails, flooring, wheel rims with

tires, bus frame, stanchions, seats, all bolts and rivets and on panels, battery

trays/covers/support, electrical wiring, engine assembly, transmission assembly,

hoses, traction batteries (if applicable) and traction motor (if applicable).

Two copies of the 3D model in Autodesk inventor format (.ipt, iam, .ipn and/or .idw)

and two copies in step file format (.stp).

3D model cannot be shrink-wrapped. Models must be shown as parts/assemblies.

Any updates done to part files, assemblies and/or drawings must be sent to NYCT.

17.12 BARCODE LABELS Metal etched barcode labels shall be affixed to the engine, transmission, and drive axle assembly. The symbology shall identify the component type, manufacturer, serial number, and date of manufacture.

New York City Transit - Department of Buses Technical Specification Page TS -149

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

REVISION LOG

Revision 1.1 to 1.2 – Summary of Changes, Date: 10/04/12

Section Number

Component or

System

Description of Change

17.11.1 3D Model Software

Requirements

Changed wording: From: shrinkrapt ; To: shrink-wrapped

14.1 Capacity and Performance

Deleted the following: When bus is operated in outside ambient temperatures in the range of -10 to 10 °F, the interior temperature of the bus shall not fall below 55 °F while the bus

is running on the design operating profile. 14.6 System

Requirements Changed the following: From: High and low refrigerant

pressure electronic gauges to be located in the return air area. To: High and low refrigerant pressure and other relevant

system readings shall be available thru interface with either a diagnostic tool or electronic display.

2.7.13.1 Driver’s Door and Security

Barrier (Description)

Added the following: A 5th percentile female driver’s view of the curb shall not be obstructed by the driver’s door and

security barrier.

14.1 Capacity and Performance

Added the following: The bus manufacturer may submit a proposal for a rotary screw compressor subject to NYCT

review. 8.1 Operational

Requirements of the System

Reworded language for Interlock Cluster; Deleted the following: The service brake system shall be provided with

double check valves as listed in Appendix A. 10.0 Brakes and

Wheels Added the following: The service brake system shall be

provided with double check valves of a shuttle type design, constructed of brass or stainless steel, as listed in Appendix A.

15.1.9 ADA Compliant

Bus Fleet Number Signage

Added the following language for the location of the signage: “, or the dash area just inside the front door.”

12.13.2 Terminals / Connectors

Changed the following: From: The use of spade, tabs, push-ons terminals shall be minimized and shall require Project

Manager approval prior to production. ; To: The use of spade, tabs, push-ons terminals shall be minimized.

New York City Transit - Department of Buses Technical Specification Page TS -150

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

17.10 Extermination Changed wording: From: Qualified ; To: Recommended 11.4 Steering Column

(Post) Changed the following: From: (reference Appendix A for

Qualified Sources and Products List) ; To: (reference Appendix A for Recommended Sources and Products List)

8.0 Rear Door Interlock

Requirements

Added the following: The driver’s door controller must electrically control a solenoid valve to apply air at the door for

door operation. 2.7.13.1 Driver’s Door

and Security Barrier

(Description)

Added the following: The driver’s door and security barrier shall be structurally validated by an independent third-party.

The driver’s door and security barrier must be qualified for 12 year/500,000 mile design life in NYCT service through

dynamic shaker testing. Report of all structural testing and corrective actions shall be supplied.

14.5 Air Filtration Added the following: A/C return air filters shall be effectively fastened within ducts or plenums such that the filter completely seals off the channel and prevents any bypass of unfiltered air

downstream in the system. 2.0 Construction

Requirements Added the following: All air vents and louvers shall be industrial grade and mechanically fastened to the bus.

14.4 Driver’s Compartment Requirements

Changed wording to include: Vents and louvers to be “industrial grade” and “mechanically fastened” to the dash.

13.2 Fire Extinguisher

Added the following: A visible decal shall indicate that the compartment contains a fire extinguisher.

9.1 Air Compressors Added the following: Air filtration shall be common with the engine’s air filter.

9.1.1 Compressor Inlet

Deleted the following: Air for the compressor shall be filtered through the main engine air cleaner system.

3.3.1 Fuel Tank Added the following: The pickup tube shall include a screen to keep debris out of the system.

9.7 Oil and Water Separator

Added the following: The Consep valve meets this requirement. ; Deleted the following: One Consep valve to be

provided in a location suitable for its optimal efficiency.

Revision 1.2 to 1.3 – Summary of Changes, Date: 11/30/12 Section Number

Component or

System

Description of Change

12.22 Bus Camera Security System

Paragraph was rewritten to require the bus builder provide a complete bus camera security system, not the pre-wiring only.

New York City Transit - Department of Buses Technical Specification Page TS -151

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

13.1.3 Thermal Detectors

Paragraph was re-written to add Thermal Lug Sensing Element (TLSE).

13.1.7.1 Engine Compartment

Paragraph was re-written to add Thermal Lug Sensing Element (TLSE).

2.7.17 Electronic Equipment

Cabinet

Added: “The cabinet shall be provided with a slam latch which auto latches when closed.”

Added the requirement that the heavy-duty lock shall also be captive.

3.10 Cooling System Added: “All valves shall be heavy-duty quarter-turn ball valves.”

Added: “The valves shall be open when the lever is parallel with the pipe, and off when the lever is perpendicular to the

pipe.” 3.5.2 Lubricant

Sumps Delete the following: “The engine sump drain plug shall be supplied with a fitting compatible with ESOC oil changing

machine hardware.” 3.5.3 Filters (All

Fluids) Delete the following: “The engine oil filter shall be

incorporated onto the proper adapter with appropriate fittings compatible with the ESOC oil changing machine hardware.”

1.10.10.4 Transient Noise Section was rewritten to refer to Appendix A for transient noise measurement locations, bus operating modes for transient

noise measurements, and noise level requirements. 15.2 Electronic Route

Displays Added: “Reference Appendix C4 for the technical

requirements overview of the destination sign database uploading via the existing depot Wi-Fi.”

15.2 Electronic Route Displays

Changed the following: From: “In addition, the system shall be capable of wirelessly

uploading updated route files through an WiFi transmitter mounted in the bus interior to a depot based access point that

would connect to an NYCT data server.” To: “In addition, the system shall be capable of wirelessly uploading updated route files through a Wi-Fi device to a

depot-based access point that would connect to a NYCT data server.”

1.3 Model Year Added this section to spec. 3.10.4 Radiator Added: “The preferred core design shall be constructed of a

stacked bar and plate design with extruded tubes within the plate for coolant to flow through.”

10.5 Anti-Skid Braking System

(ABS)/Automatic Traction Control

(ATC)

Added: “The harness layout of the ABS sensors and ABS valve connectors shall be routed to eliminate crossed connections and keyed or color coded accordingly.”

New York City Transit - Department of Buses Technical Specification Page TS -152

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

Revision 1.3 to 1.4 – Summary of Changes, Date: 01/09/13 10.2 Wheels and

Tires Added language that at post-delivery inspection (PDI), the bus builder is to verify torquing and torque marking of lug nuts, and

provide and install loose wheel nut indicator flags. 12.16 Exterior Lighting Deleted: “SBS lights (Applicable only to Articulated Buses),”

12.16.4 Select Bus Service

Operation Requirements

(Applicable Only To Articulated

Buses)

Paragraph was modified to delete the two blue SBS lights.

1.10.2 OEM Fluids Added language requiring that all fluids that require a break in period interval be changed during PDI prior to delivery.

1.0 General Added requirement for bus builder to provide and install a plaque in the driver’s area indicating the height of the bus.

13.1.3 Thermal Detectors

Added: “LTD wire shall be independently routed and shall not be used to secure other components (wires, air lines, etc).”

12.6 Alternator and Voltage

Regulator

Added: “The high voltage cable to the alternator shall be secured using a split-block type clamp mounted to the

alternator.” 3.11 Transmission Added: “All features for fuel economy must be enabled. The

functionality of these features shall be validated on a test vehicle.”

Clarified language for the auto neutral feature not to be provided.

Added: “The prognostics feature shall be disabled.” 15.2 Electronic Route

Displays Added: “The bus builder shall confirm and validate the

communication protocol between the ODK and the farebox during the test and development period.”

3.5.1 Fill Caps Added language that the engine oil fill cap shall be hinged to the filler neck.

New York City Transit - Department of Buses Technical Specification Page TS -153

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

Revision 1.4 to 1.5 – Summary of Changes, Date: 03/07/13 15.2 Electronic Route

Displays Change: From: Wi-Fi device; To: Wi-Fi transmitter mounted

in the bus interior 15.2 Electronic Route

Displays Added: The wireless destination sign update system shall be fully operational (including server and interface software), and

shall not require additional software licensing. 12.18 NYCT Radio

System Added: The radio control head connector harnesses shall be

neatly bundled and have sufficient length to extend beyond the face of the radio enclosure at least six inches and up to 12” to ease installation. The harness length and ease of installation

shall be reviewed on the pilot bus. 3.9 Engine Air

Intake Deleted requirement and language for quick connect coupler

and protective cap. 3.12.3.2 Particulate

Aftertreatment Deleted: A console-mounted red LED light shall be provided

to indicate when regeneration has been inhibited. 2.0 Construction

Requirements Added: Louvers accessible to passengers shall not be

adjustable. 2.5.4 Towing Clarified language for towing devices to be provided on each

end of the bus. 2.5.4.2 Tow Adapters Change: From: “the Contractor shall provide one set of

adapters for every 50 buses” ; To: “the Contractor shall provide the number of sets of adapters as specified in Article

19A- Schedule of Deliverables of the Contract Terms and Conditions” ; Added: “The balance of adapters shall be

delivered to NYCT at least one month prior to delivery of the first production bus.”

4.4 Onboard Diagnostics

Deleted “audible” indicator requirement and added minimum size for the LCD screen.

4.4 Onboard Diagnostics

Added: “and driver’s compartment area” for area that reflections are not permitted from the LCD screen.

11.9 Kneeling Changed language to allow the kneeling light to be located either forward or aft of the front door.

16.3 Wheelchair Restraints

Changed language that the lockable compartment to be located near the driver (previous requirement was near the

wheelchair parking locations). 2.7.3 Service

Compartments and Interior

Access Doors

Added requirement that all interior access doors shall have hinges which are mechanically fastened to the access door, in

addition to the bus.

New York City Transit - Department of Buses Technical Specification Page TS -154

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

8.1 Operational Requirements of

the System

Changed: From: Controlled stop is defined as: above 2 MPH, only 20 PSI brake is applied; below 2 MPH, 40 PSI brakes are

applied. ; To: Controlled stop is defined as: above 2 MPH, only 33 PSI brake is applied; below 2 MPH, 50 PSI brakes are

applied.

3.8.1 Starter Interlock Added: “or a message display” as a means of displaying starter lockout.

4.3.1 Speedometer Changed: From: “speedometer indicating 0-80 mph in 5-mph increments” ; To: “speedometer indicating 0-80 mph or 0-75

mph in 5-mph increments” 2.9 Passenger

Doors Added language for strap-hinge arrangement slide-glide door.

2.9.5 Door Glazing Added language that door glazing shall be easily replaceable. 12.13.1 Wiring Added Type SXL wiring. ; Changed “shall” to “may” after TXL. 12.17.1 Lighting for the

Passenger Area Added: “Reference Appendix A for typical interior lighting

settings.” 2.12.5.1 Passenger

Window Construction

Added language to clarify that the curbside upper fixed window pane where the side destination sign is mounted shall be

clear. 2.12.5.1 Passenger

Window Construction

Delete: “The protective liner shall be placed to 1/8” or less of the glazing edge and shall not be placed over ceramic fritting.”

2.4.2 Insulating Material

Properties

Added clarification of items not required to meet FMVSS 302: “(with the exception of materials entirely enclosed from the

passenger compartment, such as insulation within the sidewalls and sub-floor)”

10.3 Wheel Hubs Changed: From: “Lithium complex based multipurpose NLGI No1 Mineral Based Extreme Pressure wheel bearing grease”; To: “Synthetic Lithium complex, multi-purpose NLGI #2 wheel

bearing grease” 12.13.3 Electrical

Schematics Deleted the requirement for the point to point wiring index.

15.1.6 Signage – Numbering and

Signs – Materials

Added language that interior and exterior decals shall have all corners radiused to prevent lift up.

15.1.7 Signage – Numbering and Signs – Style

Deleted Helvetica Medium as the standard typeface for all exterior numbers. Added language that the fonts as depicted

on the individual decal drawings (Reference decal kits in

New York City Transit - Department of Buses Technical Specification Page TS -155

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

Appendix A) shall be provided. 3.4 Powerplant

Mounting Deleted: “All cross bracing shall have lock washers.”

2.6.2 Exterior Access

and Service Doors

Added requirement that all exterior access and service doors shall have hinges which are mechanically fastened to the

access or service door, in addition to the bus. 2.10.5.5 Rear Bench

Seat Covering Changed: From: “sound dampener” ; To: “sound dampened”

Added: “The rear bench seat covering material shall match the floor covering material color and pattern.”

14.2 Controls and Temperature

Uniformity

Added the following: “A manual switch shall be provided in the driver’s area for controlling dehumidification operation

throughout the bus. It shall activate the A/C compressor for dehumidification, but shall be independent of the ambient

temperature sensor.” 2.4.2 Insulating

Material Properties

Added: “The contractor shall provide a list of all insulating materials used throughout the bus and documentation that the

requirements are met.” 14.1 Capacity and

Performance Added: “The test is to be conducted at an independent testing

facility with a temperature controlled room capable of maintaining the required ambient temperature and humidity

levels specified. A detailed report of the thermocouple placement, recorded temperatures, procedure, pictures, solar

loads, etc, along with the raw data is to be provided.” 14.1 Capacity and

Performance Change: From: “the HVAC system shall control the average passenger compartment temperature within a range between

60 and 70°F during the heating season”; To: “the HVAC system shall control the passenger compartment temperature

within a range between 60 and 72 °F during the heating season”

2.10.5.1 Floor Covering – General

- Deleted: “light weight” ; Added: “Alternative color/pattern” - For flooring in the vestibule, Deleted: “(rubber only)” - For flooring in the vestibule, Added: “or PVC” - Added language to allow for the use of PVC flooring. - Deleted: “0.1875 inch” for ribbed rubber flooring. - Changed the following language: “The floor under the seats shall be covered with 0.125-inch thick composition rubber, or 0.090-inch thick PVC, smooth surface flooring material.”

11.5 Steering Components

Deleted: “strikes a severe road hazard”; Added: “hits a curb”; Deleted: “There shall not be inadvertent alterations of steering

New York City Transit - Department of Buses Technical Specification Page TS -156

Low Floor Diesel (40 foot) Contract B40656 Original Issued

August 20, 2012 Revision 1.5

March 7, 2013

B40656_40 ft_Diesel_Spec_March 2013 – Rev. 1.5 – 03-07-13

as a result of striking road hazards” 3.10.4 Radiator For the quick disconnect pressure fitting, Added: “,convenient

for a mechanic to reach from floor level” 1.15 Drawings For the reproducible wiring schematics: Deleted “(24”x48”)” ;

For the final drawings: Deleted “TIFF” format and changed delivery date from 30 days to 120 days after the delivery date

of the final production bus ; Added “FSS installation and routing” and “ADA device installation” to list of drawings

required ; Deleted “Word” as a easily readable drawing format. 12.6 Alternator and

Voltage Regulator

Added the following language for the alternator: “and be protected from water splash from an engine wash”

TABLE OF CONTENTS - APPENDIX

Appendix

A # 01

Fuel Specifications A # 02 Graffiti Resistance Coating A # 03 Bus Customer Information Center – (BCIC) A # 04 Farebox Installation Guide A # 05 Decals A # 06 Head Injury Criteria A # 07 Clamping System for Fluid and Electrical Lines A # 08 HVAC Temperature Decal A # 09 NYCT New Bus Qualification Tests Criteria A # 10 Interlock Cluster Components A # 11 Life Expectancy Tests and Components List A # 12 Loose Wheel Nut Indicators A # 13 Message Box Drawing A # 14 Paint Adhesive Field Test A # 15 NYCT Radio Installation A # 16 Standard Repair Time (SRT) A # 17 Vehicle Technical Information A # 18 Tumbler Card Holder and Mounting Provisions A # 19 Transit Bus Minimum Road Clearance A # 20 Water Leak Test A # 21 NYCT DOB Major Maintenance Fluid, Lubricants

& Greases List A # 22 General Inspection Sheet A # 23 Interior and Exterior Advertising Media A # 24 ADA Compliant Braille and Raised Letters and

Numbers A # 25 Recommended Sources and Products List A # 26 Typical Interior Lighting Settings C # 01 Intelligent Vehicle System

C # 02 Bus Camera Security System C # 03 Bus Customer Information Systems C # 04 Wireless Update of Bus Destination Signs

APPENDIX A Section 26

Typical Interior Lighting Settings

for 40ft Diesel Bus

Procurement

1. Engine run 2. Master run switch at nigh t run

3. Front dome light off when front door close 4. All other dim when front doo r close 10% = 132fc/139fc/178fc 30%= 355fc/395fc/370fc/310fc 75%= 1070fc/1140fc/1280fc/1380fc

RH Front Dome light

OFF 10% 10% 30% 75% 75%

Front of coach

Driver area

OFF

10%

10%

75% 75%

LH Front Dome light

Appendix C2

Bus Camera Security System

for

40ft Diesel Bus

Procurement

 40‘ Bus ‐ BCSS      

 

 

        Destination sign door             

                             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Antennas 

Cam 1

Cam 6 

Cam 5Cam 4

Cam 3Cam 2 

Cam 7 wiring only 

All camera wires will start from DVR location and have 3’(6’ will be safe if we cannot pinpoint the 

camera locations) extra length at the end with the exception of camera 8, which will have 5’ extra 

wire. DVR should be located in electrical cabinet, preferably mounted on the bottom shelf.  

All camera breakouts will include 1 video RG179 and two 18AWG power wires.  

Motion sensor wire – 3 wires 18AWG – the motion sensor needs to be able to detect any 

movement inside the bus. There must be a clear view of the bus interior. The recommended 

location is the center of front destination sign door, except, if the distance from the bus’ floor to the 

destination sign door is greater than 5’, the motion sensor needs to be installed in the dashboard. 

Microphone – 4 wires: 2 shielded and 2 power wires 18AWG – The recommended location is the 

center of front destination sign door. 

Event marking button – 5 identifiable wires 18AWG – The recommended location is the side 

console near the panic/emergency switch. 

Antennas (WiFi, WiMax, GPS) Conduit and a phish wire should be run. The preferred location is 

directly above the front destination sign.  The BCSS antennas must be at least 3’ away from the bus 

radio antenna.  

These connections must be delivered from bus to DVR: 24 Volt 14AWG DVR power supply – two wires Engine signal wire – 16AWG Front door open signal – 18AWG Rear door open signal – 18AWG Wheelchair activation signal – 18AWG Brake application signal – 18AWG 

  Camera views descriptions: #1 camera would be facing forward (driver’s view) #2 camera should be placed in center isle behind driver to give us view of front door and farebox. #3 camera will be located in front of the bus with a clear view towards the rear. #4 camera should be located about 1/3rd of the bus length (from front) facing forward #5 camera should be located about 1/3rd of the bus length (from front) facing rearward. #6 camera should face rear doors and right rear seats behind the door. #7 front center, wiring only.  

UTC Part Number On-Board Component Description Qty

MobileView PENTA DVR

MVP-4500-08-20 PENTA 8 CH DVR, 2TB HDD caddy (includes harness cables & connection kit) 1

Cameras

MSS-7007-00-FF Forward Facing Camera, WDR Auto Iris Vari-Focal Lens 1

MVD-8002-22-BA Mini-Dome 22 deg angle Base plate (optional), Brushed Steel Finish 5

MVC-7100-29-WI-BA Mini-dome, 600TVL,2.9mm lens, with IR, Brushed Steel Finish 2

MVC-7100-36-WI-BA Mini-dome, 600TVL,3.6mm lens, with IR, Brushed Steel finish 3

Video Cable (Note 5)

MSS-4030-15-01 DVR Camera Cable, RG179, 15' 2

MSS-4030-20-01 DVR Camera Cable, RG179, 20' 1

MSS-4030-30-01 DVR Camera Cable, RG179, 30' 2

MSS-4030-40-01 DVR Camera Cable, RG179, 40' 3

On-Board DVR Accessories

MSS-4008-00-00 MobileView Panic Button/Status LED Module (red & grn) (MV3, MV4, PENTA or MV3000) 1

MSS-MISC-SPY-1 Low Profile Miniature PIR Detector (Motion Sensor) 1

MSS-MISC-SPY-1H PIR Power Harness 1

MVQ-1708-00-02 RS 232-J1587/1708/1939 Converter (Note 1) 1

MSS-MISC-DSH-82 8-port 10/100Base-TX + 2 TP/SFP GigE Combo Ports 1

On-Board Dual WiMax (802.16)/WiFi (801.11 b/g) MRT Wireless System

MSS-MISC-MRT (Note 2)Proprietary UTCFS MobileView DVR Compliant Dual WiMax (802.16) & WiFi (802.11 b/g) Radio Kit (incl power supply and I/O Power Control Cable) 1

MSS-MISC-ANT-3 Tri-Band WiMax/WiFi/GPS Antenna (GPS compatible with PENTA DVR only) 1

MSS-5014-00-00 Cable, Network, Ethernet, CAT 5, 10' 3

On-Board Wireless Commissioning 1

MSS-SERVICECommissioning of on-board Dual WiMAX/WiFi Radio (MSS-MISC-MRT) and integration of on-board radio to existing

WiMAX Access Point infrastructure. Performed by a MobileView Rep at NYCT following bus delivery. 1

Conditions & Notes 1

Note 1

Note 2 Item has a lead to to ship of approximately 12 weeks.

Note 3 On-Board Cellular equipment not included.

Note 5Video Cable lengths are estimated. Video cables are available in lengths from 10ft to 55 ft in increments of 5 feet. OEM to specify actual cable lengths required at least 6 weeks prior to required delivery date

Communication is one-way (DVR to Clever), the DVR will communicate select fault conditions per MobileView's J1587/1708 Interface Specification. Clever to provide OEM the Converter-to-IVAN connectivity instructions, and Clever to implement necessary IVAN modification to interpret DVRs transmitted data

1

TECHNICAL SPECIFICATIONS

BUS CAMERA SYSTEM

February 2013

TECHNICAL SPECIFICATIONS ........................................................................ i BUS CAMERA SYSTEM ....................................................................................... i Detailed Requirements/Needs ...................................................................................................... 3 1. General System Attributes .................................................................................................. 3 2. Cameras ................................................................................................................................ 6 3. Mobile Digital Video Recorder (MDVR) Attributes ........................................................ 7 4. Storage and Retention Requirements .............................................................................. 10 5. Video Management and Software Requirements ........................................................... 11 6. Power Requirements/Equipment Compatibility............................................................. 12 7. Functional Acceptance Test .............................................................................................. 13 8. Installations ........................................................................................................................ 14 9. Training – N/A.................................................................................................................... 18 10. Data Management Services – N/A.................................................................................... 18 11. BCS System Acceptance .................................................................................................... 19

Page 2 of 19

TECHNICAL SPECIFICATIONS

Detailed Requirements/Needs 1. General System Attributes 1.1. Image Quality -- When viewed using the software provided by the Contractor, the

quality must be such that people, objects, and events can be clearly recognized. At least CIF (Common Intermediate Format) video quality/resolution must be delivered.

1.2. Image Integrity – The system must function in a manner that preserves the original

captured media and can be verified as original as well as contain a method or process that can certify that images extracted to a CD or other format are identical to the original and have not been altered. This process must be designed to enable the images to comply with requirements of legal chain of custody in order to be admissible in a court of law. Access to the unit needs to be logged and tools must be available to provide access to review this log. The preferred method of video authentication should be accomplished by sealing a recorded video clip following the U.S. Digital Signature Standard (SHA Algorithm). MDVR’s must be designed to produce video admissible in the court of law.

1.3. Incident Tagging – The system must provide for the ability to tag the vehicle video from all cameras. The system shall allow NYCT to define and modify this time period. Tags, once applied, should be protected in such a way that that it cannot be altered or deleted. Tagged events should be classified in one of two ways:

1.3.1. Requested Events –Using the software provided by the Contractor, a time period

for a specific bus can be defined to schedule download at some later time – days or even months later. This capability shall be provided in such a way that the segment can be viewed (from a laptop, for example) or as a request to retrieve this segment from the bus.

1.3.2. Marked Events – these are video segments that may be of interest but do not

need to be write protected. These events shall be marked by:

1.3.2.1. Tag button provided with the BCS. 1.3.2.2. Brake application signal

1.3.3. The maximum video segment length for the Marked Events shall be established in the system configuration. For planning purposes, NYCT envisions this to be approximately 5 minutes before and 5 minutes after activation. Individual maximum segment length for the manual method described in Section 1.3.1. shall be determined to prevent accidental download of unintentionally large files, thus overloading system.

Page 3 of 19

TECHNICAL SPECIFICATIONS

1.4. Additional Meta-Data – In addition to vehicle number, camera number, date and time, the system must provide meta-data tagging to images based on the activation of systems on the bus. Meta-data tags must be applied for front door openings, rear door openings, and wheelchair lift activation, brake application, engine running and operator tag button. The viewing software must provide an ability to search on one or all of these meta-data tags.

1.5. System Operation

1.5.1. The system shall be activated when the ignition is engaged or motion detected and begin recording video from all cameras no later than 90 seconds after activation. However when the hard drives are not within the range of operating temperature the system will not activate the drives until they are heated/cooled to the safe temperature. The start up time delay associated with abnormal temperatures should not be more than 1 minute per 2 degrees Fahrenheit.

1.5.2. When the bus is turned off and no motion on the bus is detected, the system shall

remain operational for a time period that is user definable up to 30 minutes (default setting should be 5 minutes after the engine is turned off and last motion detected).

1.5.3. User should be able to define each camera’s settings (frame rate, quality). If there are any settings that are “hard coded” in the applications, the vendor must disclose this information.

1.5.4. No operator involvement will be required to turn on or turn off the system.

1.5.5. The operator shall not have the ability to turn off the system. 1.5.6. The system must be able to stream live video via cell connection to a LAN

station. 1.5.7. The system must be able to stream live video via WiFi connection to a mobile

device located within the range of WiFi radio installed on bus (up to 300 ft, and at least 100 ft with clear line of sight).

1.5.8. The system must be able upload video to BCSS depot server utilizing existing

WiMax network. 1.5.9. The system must connect DVR to cellular, WiMax and WiFi antennas through

BCSS vendor supplied 8(16) Ethernet port switch. The switch must be shared with other bus systems. The cell modem will be installed under separate agreement.

1.5.10. System Health Reports

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TECHNICAL SPECIFICATIONS

1.5.10.1. The system shall provide true and reliable system diagnostic checks and shall report system failures. It needs to be a reliable tool to accurately evaluate system performance. The system shall provide life reports to the designated maintenance personnel as well as the NYCT Project Manager that specifically identify problems with the on-board system. The DVR will automatically download its Health and Status information when it makes connection to the Enterprise Services Manager over the depot wireless networks. The DVR should make connection every time the bus goes through fueling process. The system shall have the ability to deliver these reports via email. At a minimum, the following needs to be listed in the Health Report:

1.5.10.1.1 Bus number and the System Serial Number.

1.5.10.1.2 Last check in date/time.

1.5.10.1.3 Indicator if the system did not report in more than ‘X’ hours

(‘X’ should be defined by user).

1.5.10.1.4 Installed software version.

1.5.10.1.5 System overall status indicator – “OK” if all checks good.

1.5.10.1.6 Camera failure, specify camera and possible problems.

1.5.10.1.7 Camera obstruction, specify camera and possible problems.

1.5.10.1.8 GPS not working, specify possible problems.

1.5.10.1.9 DVR problems, specify possible problems.

1.5.10.1.10 Storage Capacity remaining.

1.5.11 This report must be available from LAN or WAN workstations or servers. It must accurately identify problematic systems.

1.5.12 The system shall offer an application that can automatically monitor the health and status of an MDVR fleet using wireless networks and/or securely through the internet.

1.5.13 The health and status monitoring application must have a web browser interface (will consider software client) that allows the status of many MDVR units to be summarized. This software must run on a standard PC running the Windows XP and Windows 7 operating system.

1.5.14 The health and status monitoring application software client shall be able to

be run remotely through a network connection to the software management system server(s).

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TECHNICAL SPECIFICATIONS

1.5.15 The health and status monitoring application software client shall be able to

connect to more than one software management system server at the same time.

1.5.16 The health and status monitoring application shall monitor the time since

the last connection of an MDVR to the software management system server, and there shall be an alarm if this threshold is exceeded. There must an option to email all alarms.

1.5.17 The health status monitoring shall be done utilizing the camera check

function, which shall capture images and compare them to reference images taken when known good video is available. The camera checks shall be programmable. When discrepancies are found, the camera images of both the reference image and the image thought to be unacceptable shall be reported on the health report and available for review.

1.6 Audio Feature – No audio recording is required at this time but the system shall

either allow for this or Contractor shall provide a description of the requirements for adding such feature should it be needed in the future.

2 Cameras 2.1. Number of Cameras – On new installations, each bus shall be equipped with the

number of cameras the Contractor determines are necessary to meet the image quality defined in Section 1.1. The base proposal shall be priced for 7 cameras for 40’ buses, and 8 cameras for 60’ buses. One spare camera cable (video and two power wires) need to be run to front (center of the bus, 4 feet from windshield) and coiled above ceiling panel with 5’ slack.

2.2. Placement of Cameras – All cameras shall be installed in the interior of the bus: 2.2.1. Driver’s view camera – provides a view of the road in front of the bus. Camera

must be able to capture images in all lighting conditions. 2.2.2. Front Entrance – provides a view with coverage from the farebox to the entrance

door. Camera must be able to capture images (as defined in Section 1.1) in all lighting conditions of people or objects outside the door when the bus is stationary.

2.2.3. Rear Entrance -- Camera must be able to capture images (as defined in Section 1.1) in all lighting conditions of people or objects outside the door when the bus is stationary.

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TECHNICAL SPECIFICATIONS

2.2.4. The balance of cameras shall be positioned to provide coverage of the entire

passenger area in all lighting conditions. 2.2.5. For new installations the selected Contractor shall submit a proposed camera

layout and receive NYCT approval prior to installation. Approval to include camera quantity, type (make and model) and location.

2.3. Type of Cameras – The Contractor shall provide cameras capable of meeting the

requirements of Section 1.1 and 2.2. The cameras must be encased in a housing that is IP65 compliant (as defined in IEC 60529). The Contractor must provide the recommended make, model, type for each camera placement and explain why this camera is recommended.

3. Mobile Digital Video Recorder (MDVR) Attributes 3.1. Durability – The MDVR must be certified to durability testing listed below, as defined

in the Military Standard referenced in SAE – J1455, Section 202F, Method 213B, and 214A. Video quality shall be maintained and not deteriorate as a result of vibration or other environmental factors.

3.1.1. Provide results from Section 202F test condition J -- Accepts a shock equal to 30 g’s and remain operational.

3.1.2. Provide results from vibration testing that assesses endurance to both constant and

random vibration. As stated in SAE J1455, Section 4.9.5, there are three methods in MIL-STD-202F that relate to vibration testing. Contractors should use these methods and document the results.

3.1.3. All shock and vibration testing results must be shared with NYCT.

3.1.4. Operating Temperature – the system must be able to operate in temperature

conditions ranging from -10ºF to 122ºF, and be able to record video in temperature conditions ranging from 32 F to 122F.

3.1.5. Dust and Moisture – the DVR shall have a minimum IP65 rating or be located in

an enclosure to provide IP65 protection. 3.1.6. DVR must be able to accept video inputs from up to 8 analog cameras and up to 4

IP cameras. Up to 30 fps and at least D1 quality from each camera.

3.2. Protected data --The data storage on the MDVR must be protected in such a way that there is a reasonable expectation that the data can be recovered in the event of a catastrophic collision.

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TECHNICAL SPECIFICATIONS

3.3. Standard technology --The MDVR unit shall capture, digitize and compress video using industry-standard compression technology. The unit shall store all compressed data to the internal storage.

3.4. Integration – The system must be able to make use of already installed equipment and

interfaces to other on bus systems (e.g. modems, routers, location sensing, etc.). Under this contract the BCSS will be connecting through an Ethernet switch with cellular modem provided by CI Systems and WiMax and WiFi radios provided by BCS Systems.

3.5. Hard-drive space management -- The unit shall store no more than 97 calendar days of

video. If less than 97 days can be stored the system must manage its own hard-drive space using a FIFO (first in, first out) mechanism, deleting the oldest stored video to make room for the newest. Significant Events, as defined in Section 1.3, shall never be overwritten until the tag is removed through a successful upload.

Whenever Hard Drive replacement is necessary, NYCT shall have the option to select the

largest commercially available Hard Drive within the Contractor’s form factor which has been certified by the Contractor for use with the Contractor’s system. The Hard Drive size shall be no less than 2 TB.

3.6. Operating system --The MDVR must use an embedded operating system, stored in flash

memory. In the event that a DVR must be replaced or power is removed from the unit, this shall ensure that time, date, identifiers, and all internal programming functions can easily be transferred to another unit.

3.7. Watchdog - The MDVR unit shall contain hardware and software watchdog circuitry

that maximize fault-free operation. 3.8. Video quality increase triggered by event - Per-camera video capture rates shall have

the option of being increased (to the maximum available based on system capability) on alarm or event.

3.9. Back-up power --The MDVR must have a replaceable back-up battery for filtering out

power fluctuations and extending unit operation on vehicle shut-down. 3.9.1 Upon main power loss, an internal power backup shall keep the MDVR

(including all connected peripherals) running for at least the time required to execute graceful shut down.

3.10. Wireless connectivity -- The MDVR must support a NYCT approved wireless network

secure connection.

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TECHNICAL SPECIFICATIONS

3.10.1. The MDVR must support a wireless LAN connection with a laptop for the purpose of performing all routine tasks.

3.10.2. The system must support an ability to view live video feeds from a mobile device

configured to access a selected bus’ MDVR outside the range of the depot WLAN.

3.10.3. The MDVR must be capable of centralized management (parameters, software

updates, patches, system diagnostics, and vehicle check-in) over a TCP/IP wireless LAN or WAN network.

3.10.4. The MDVR must be able to deliver live images via cellular connection to a

designated LAN workstation.

3.11. Laptop/portable device connectivity 3.11.1. The MDVR must support a direct connection with a laptop computer via the

Ethernet port in the vehicle or LAN environments for the purpose of transferring video to the laptop computer.

3.11.2. The MDVR must have an RJ-45 10/100BaseT or 1 gigabit Ethernet port.

3.12. Removable hard drive --The MDVR must have a hard drive caddy that can be removed from the vehicle DVR for further investigation. The ‘removed’ caddy would be installed in a DVR on the local area network.

3.13. Lockable -- The DVR and, if separate, a hard drive or hard drive array, shall be lockable or in a lockable enclosure so the devices cannot be tampered with.

3.14. GPS Location - The MDVR shall be able to interface with a GPS receiver so that it can integrate vehicle location, direction and other telemetry data with the recordings. This data must be synchronized with video and audio for live view or future playback.

3.15. Clock - The MDVR unit shall allow for clock synchronization to occur manually, from a

central location through a network time protocol (NTP) server when deployed with a wireless interface, or using GPS receiver data. 3.15.1. Should the synchronization with the GPS be lost, the time clock shall free run and

auto synchronize when the GPS signal is restored.

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TECHNICAL SPECIFICATIONS

3.15.2. The MDVR unit shall be capable of automatically adjusting the clock to Daylight Saving Time, and adjusting for deployment in varying time zones.

3.16. Audit - Access to a MDVR by a user must be logged.

3.17. Video Authentication - The MDVR shall support a method of video authentication and

this must be provided using a secure cryptographic method. Watermarking of images is not acceptable.

3.18. Tamper-proof video storage - Video must be protected from tampering or modification.

3.19. The MDVR shall be capable of an aggregate frame rate of 240 frames per second of CIF, or 120 frames per second of 4CIF.

3.20. The MDVR must provide independent preconditioned (clean) 12 or 24 VDC current limited power to each of the camera inputs on New Installs. Each camera shall be individually fused so that a camera short does not affect other cameras.

3.21. The MDVR must monitor the health of the camera channels and report Camera Signal Loss or Camera Power Over-current.

4. Storage and Retention Requirements 4.1. Data Quantity – Vendor to present most reliable video storage solutions. If less than 97

days of video can be recorded then video files must be deleted in FIFO order. If more than 97 days can be recorded then video 98 days and older must be deleted daily.

4.2. On-Board Storage – Contractors should state proposed system’s ability to store video – time, quality.

4.3. Data Upload -- using the wireless LAN:

4.3.1. Incidents that are requested using the Contractor’s depot based management software shall be uploaded daily using the wireless network.

4.3.2. Uploading 15 minutes of video shall not take more than 4 minutes (approximately

160MB of data). 4.3.3. The upload process must be designed so that it does not require any manual

intervention.

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TECHNICAL SPECIFICATIONS

4.3.4. Upon the completion of a successful upload, the incident tag should be removed to free up the available on-board storage.

4.3.5. All meta-data information will be transferred to the server along with the video data.

4.3.6. Should the upload fail or be interrupted, the system must be able to continue the

transfer the next time the bus is in the network range. A report of failed or interrupted uploads shall be available.

4.3.7. It shall be possible to trigger an email upon completion of a recording upload.

The email shall identify the vehicle ID from which the data was uploaded.

5. Video Management and Software Requirements 5.1. Microsoft Windows-compliant -- Viewing software should be compliant with the

current release of Microsoft Windows. 5.2. Software Licensing – per seat licensing, if any, shall be perpetual and freely

transferable to any NYCT computer without permission or involvement of the Contractor.

5.3. Data Transfer -- The software must provide for the management of an unattended transfer as defined in Section 4.3 of all tagged events.

5.4. Data Search and Retrieval -- Software shall support the search and retrieval of data based on any meta-data tag(s), Marked or Significant Events through the use of reports listing this information by date and time.

5.5. Remote accessibility -- Remote access to the MDVR (via wireless LAN and direct connect with a notebook/laptop or network connected workstation) is required for the purpose of viewing video on the MDVR.

5.6. Downloading additional events – as per Section 1.3, the software shall provide the ability to download additional video segments by selecting the bus, date and time range.

5.7. Image Viewing Software-- System software features should include at a minimum

image enhancement capabilities, full screen view, zoom, play forward and play reverse, pause, single frame forward & single frame reverse, still image file save, and brightness, contrast and color balance.

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TECHNICAL SPECIFICATIONS

5.8. Storing video clips -- The video clip shall be capable of being saved to the local PC or other local or network storage location. The captured information shall include the video clip and associated meta-data tags (location, camera, time, date, etc.). 5.8.1. All video saved in this manner shall be encrypted or protected in some other

manner to ensure its admissibility as evidence in a legal investigation or prosecution process.

5.8.2. Any proprietary software required to view a saved clip or verify authenticity shall

be freely distributable and included on the media (CD, DVD) used for distribution.

5.9. Software Updates – Supplier shall provide software patches, fixes and updates to the original software package to ensure NYCT has, at no additional cost, a version of the software that fully meets the requirements of this document. Deployment of these software patches, fixes and updates to the NYCT fleet shall be at the sole discretion of NYCT’s Project Manager.

5.9.1. The software update application client can report the progress of the distribution

of configuration changes, and will summarize units updated, and units pending. 5.9.2. The software update application must allow for different groups of configuration

to be managed separately – the user should be able to define individual buses or groups of buses to which an update should be applied. Different updates may be applied to different groups.

5.10. The system shall offer an application that when required, can automatically distribute and

manage changes to the configuration of the MDVR units. Examples of these changes may include camera frame rate and alarm tag event sequences. There shall be a single interface that will provide this capability to make changes to individual or groups of devices.

6. Power Requirements/Equipment Compatibility 6.1 Power Draw – The Contractor shall state the peak power requirements of all components

of the system in its various states as well as the average current drain. NYCT is concerned about systems relying on the bus’ battery power and, especially after long periods of inactivity (a three-day weekend, for example), causing battery drainage such that the bus will not start.

When the MDVR is off, it shall not draw more than 95mA from the main vehicle battery system.

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TECHNICAL SPECIFICATIONS

6.2 Operating Environment – The camera system components and output shall not be affected by conditions likely to be present on and around an urban transit bus operating in the New York metropolitan area (Ref. SAE J1455 – Recommended Environmental Practices for Electronic Equipment Design). Equipment must not adversely affect the functioning of other electronic systems on-board the bus.

6.2.1 The MDVR will be specifically designed and tested to comply with automotive

power standards for both 12VDC (9-18V) and 24 VDC (18-36V) systems as per SAE J1455. The unit will automatically detect and switch to required input voltages.

6.3 Paragraph deleted (N/A).

6.4 Electro-Magnetic Radiation -The bus camera equipment shall fully integrate with other

on-board systems without adverse impact. Similarly, the camera system shall not be adversely affected by the operation of any device that is part of the bus or that may be operated on the bus.

7 Functional Acceptance Test

7.1 The Contractor shall submit a proposed testing plan for the Functional Acceptance Test.

NYCT and the Contractor shall jointly agree upon one test plan.

7.2 The Functional Acceptance Test shall completely verify that all the specified and Contractor-proposed features and functions of the BCS hardware and software have been properly designed and implemented. NYCT representatives will witness all tests; and NYCT representatives may perform the hands-on actions of the test procedures, at NYCT discretion. If NYCT elects to perform the hands-on actions of the test procedures, knowledgeable Contractor representatives shall be present at all times to assist NYCT with the testing.

7.2.1 The setup and testing of the BCSS will be done at the bus manufacturer’s

location, post delivery inspection (PDI), and on NYCT property, after delivery. Final system setup and depot connectivity will be verified at the bus’ destination depot. The Bus Functional Acceptance Test shall include but not be limited to:

Inspection of all equipment for conformance to specifications, applicable standards,

and for satisfactory appearance. Inspection of all equipment for conformance to the installation specifications. Testing of the proper functioning of all hardware by thoroughly exercising all

devices, both individually and collectively. Verification that camera positions and coverage conform to design specifications and

drawings.

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TECHNICAL SPECIFICATIONS

Testing of the data transfer speeds (wireless and wired). Testing of the input and output signals from devices on the vehicles. Testing of all user interface functions. Verification of the system “health check” trigger values. Testing integration of on bus equipment with depot server. Testing Emergency Wireless “look in” functionality. 7.2.2 The Depot Equipment Functional Acceptance Test shall include but not be limited

to: NYCT does not envision installation of depot equipment under this contract. BCSS connectivity with depot server will be verified after delivery to destination depot.

7.3 N/A 7.4 N/A

8 Installations 8.1 N/A

8.2 New Installations

8.2.1 In accordance with NYCT-approved drawings, the Contractor shall install all Contractor-provided on-board equipment on NYCT vehicles, along with the wiring and connectors required to connect each device to other Contractor-provided equipment, existing on-board vehicle equipment, and the vehicle power supplies.

8.2.2 The final installation details for each type of vehicle shall be reviewed by NYCT after Contract Award, once the physical dimensions, mounting requirements, and other details of the Contractor-provided equipment are known. The Contractor shall provide on-board equipment installation procedures and drawings for each type of vehicle. NYCT personnel will work jointly with the Contractor on the first vehicle of each type, to ensure that the installation procedures and equipment locations are acceptable to NYCT. The Project Manager must approve installation procedures for each bus type before routine installations begin.

8.2.3 N/A

8.2.4 The antenna will be installed in the front, center location of the bus.

8.2.5 N/A

8.2.6 Specific vehicle installation requirements are as follows:

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TECHNICAL SPECIFICATIONS

8.2.6.1 All installations shall be completed in the same manner within a type of vehicle.

8.2.6.2 Installation of equipment shall minimize the exposure to and possibility of damage due to abuse, vandalism, and theft. Theft-resistant fasteners and mountings shall be used. Cables shall be run in hidden and protected spaces.

8.2.7 N/A

8.2.8 N/A

8.2.9 N/A

8.3 General Installation Standards

8.3.1 The workmanship and appearance of work throughout the BCS System shall be of the best commercial quality and adhere to all applicable standards.

8.3.2 Installation work shall exactly follow equipment manufacturers' instructions for

grounding and all other installation details.

8.3.3 The Contractor shall supply all necessary installation materials, such as fasteners, cable ties, bushings, and brackets.

8.3.4 All equipment and components shall be easily accessible for adjustment and service.

8.3.5 Cabling and equipment exposed to the weather shall be adequately protected from wind, rain, and dust. Seals, gaskets, packing, sheathing, finishes, mountings, and all other exposed items shall be designed for maintenance-free performance under long-term exposure to weather, including ultra-violet radiation. Equipment and cabling installed inside vehicles shall be adequately protected from water and dust, which are present during both normal operations and vehicle cleaning operations.

8.3.6 Controls, adjustment points, displays, connectors, terminal strips, and circuit boards shall be labeled to indicate the function.

8.3.7 Legends on control panels and other equipment shall be permanent and easily legible, resistant to fading or peeling, and capable of withstanding repeated cleaning without degradation or loss of legibility.

8.3.8 Legends shall be applied to equipment by silk-screening, etching, engraving, or other approved method. Stencil transfer letters, hand-applied letters, or embossed plastic strips are not permitted.

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TECHNICAL SPECIFICATIONS

8.3.9 One original key and six copies, per depot, shall be provided for each type of lock supplied. Each set of keys shall be assembled on a heavy-duty, double-loop key ring, and equipped with a permanent tag indicating the associated lock. The keys must be delivered to BCSS Project Manager.

8.3.10 All locked on-board vehicle equipment enclosures (if applicable) shall be keyed

alike.

8.4 Wiring Standards - Wires and cables shall be installed in accordance with the following

practices:

8.4.1 Except for fiber optic cables, all conductors shall be copper of not less than 98% conductivity.

8.4.2 Conductors shall be continuous between terminals, without splices unless approved by the Project Manager.

8.4.3 All wiring between electrical components and terminations shall be electrically insulated, shall be water resistant, and shall meet the requirements of SAE Recommended Practice J1127 and J1128.

8.4.4 Strain-relief fittings shall be provided at points where wiring penetrates metal

structures outside of electrical enclosures. Wiring supports shall be protective and non-conductive at areas of wire contact and shall not be damaged by heat, water, solvents, or chafing.

8.4.5 Cable and wire shall be run neatly, with adequate lacing or clamping.

8.4.6 The manufacturer’s minimum bending radius of cables shall not be exceeded at any point during installation.

8.4.7 Consistent cable and wire color-coding shall be used throughout.

8.4.8 All applications requiring physical movement and flexing shall use stranded conductors.

8.4.9 Ring-type, crimped or soldered lugs shall be used with stranded wires terminated on screw-type terminals. Connections shall be made only with crimping tools that meet the connector manufacturer's specifications.

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TECHNICAL SPECIFICATIONS

8.4.10 Shielded wiring, or other means of signal isolation, shall be used wherever necessary to avoid cross-talk, hum, pops, clicks, whine, and other forms of interference. The Contractor shall provide an interference-free system.

8.4.11 Unless installed in conduit, wiring within console cabinets, in ladder racks, beneath raised floors, and from outlet boxes to freestanding or desk-mounted equipment shall be neatly installed, bundled with appropriate tie-wrap devices, and tied to supports if practicable.

8.4.12 Transmission lines shall be secured through cable blocks attached to channel supports. Horizontal cable runs longer than the manufacturer's recommended self-support distance shall be tied to a rigid support, at intervals not greater than three feet. Vertical cable runs shall be supported at intervals not greater than six feet. Transmission cables shall not lie on a roof or other horizontal surface. All cables shall be dressed appropriately, and run parallel to each other.

8.4.13 Wiring shall be accessible for maintenance. In equipment rooms, open cabling is permitted on cable racks provided the cables are neatly tied.

8.4.14 Extra wiring necessary for equipment movement shall be neatly coiled, tied, and concealed. It should have enough length to allow for two replacements of terminals with the existing wire.

8.4.15 Video cable runs between the two sections of an articulated bus should use 18 gauge shielded twisted pair.

8.4.16 Wiring in dropped ceiling areas shall be mounted with J-hooks and shall not lie on top of light fixtures or ceiling tiles, nor be attached to existing cables, conduits, or ceiling wires.

8.4.17 Cable penetrations through building outside walls shall be thoroughly packed and waterproofed.

8.4.18 Cables, wiring forms, and terminals shall be identified by permanent labels, tags, or other appropriate means. Cables shall be identified at both ends and at 18 inches along their lengths (for troubleshooting) with indications of the source and destination of that cable run. The cable identification shall agree with the wiring and interconnect diagrams.

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TECHNICAL SPECIFICATIONS

8.5 Vehicle Installation Drawings -- The Contractor shall provide detailed drawings showing BCS equipment and wiring installations on each type of vehicle in electronic format. Separate sets of drawings shall be provided for each type of vehicle. The level of detail provided on the drawings shall be sufficient for use by the BCS equipment installation personnel and NYCT Technical Services. The information to be included on the vehicle drawings shall include:

8.5.1 Block diagrams showing all on-board BCS equipment, related existing vehicle

equipment and all interconnections. 8.5.2 BCS equipment dimensions, mounting locations, mounting details, distances to

existing vehicle equipment, installation instructions, and any modifications or relocating of existing vehicle equipment or components.

8.5.3 Overview drawings showing the overall layout of the vehicle and the locations of

all BCS equipment.

8.5.4 Detailed wiring and cabling diagrams showing all BCS wiring and cabling, terminal connections, wiring and cabling identifications and colors, power connections, grounding details, wire gauges, connector details, to-from wiring lists, connections to existing wiring, and any planned modifications or rerouting of existing wiring and cabling.

8.5.5 Detailed cable and wire routing drawings showing how each cable and wire shall

be routed, secured, and protected.

8.5.6 Detailed circuit board schematics and physical circuit board component location drawings, component parts lists, and related maintenance drawings and documents for all circuit boards in all equipment being maintained by NYCT. The circuit board-level maintenance documentation shall be comprehensive in nature and thoroughly detailed to NYCT personnel to troubleshoot and repair all devices and circuit boards, should this ever be needed.

8.5.7 Antenna mounting location and details.

8.5.8 Microsoft Visio drawings or other software, accepted by NYCT Project Manager

shall be used for all network drawings within the vehicle and at the depot.

8.6 N/A

9 Training No training is required under this contract.

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TECHNICAL SPECIFICATIONS

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TECHNICAL SPECIFICATIONS

10 Data Management Services No data management services are required under this contract.

11 BCS System Acceptance Final acceptance for the BCS (BCS System Acceptance) shall occur at a bus vendor location, upon a determination by NYCT, that the Contractor has completed all installation work including, but not limited to, supply and installing all equipment and software. Integrating and placing in service a complete and fully operational BCS will be completed after delivery of the bus to NYCT depot, no later than within 24 hours after the delivery. All BCSS technical drawings and schematics must be delivered to BCSS Project Manager before bus’ delivery to NYCT bus depot.