METROPOLITAN TRANSIT AUTHORITY - ridemetroapp.org€¦ · Web viewWe request that item 11, Electric Fan and Power Steering System be covered by the base warranty of 2 years or 100,000

IFB 4019000082 Contract No. ________________

12 REQUEST FOR APPROVAL (RFA FORM)

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

SOLICITATION/CONTRACT NO.__________________ IFB 4019000082______________________________

MANUFACTURER_ Nova Bus___________________ REPRESENTATIVE_Julie Laplante________________________

RFA NO.__5 RESUBMITTED______________________ DATE___April 16, 2019_(RESUBMITTED April 26, 2019)__________

SECTION_ 2.7.4 Wheelchair Securement _________ PAGE NO.__97/98_____________ PARAGRAPH NO.______________

MANUFACTURER'S REQUEST:

Rated capacity of the standard configuration bus shall be no less than thirty-six (36) seated passengers with the standard seating arrangement.

The vehicle shall be equipped with one (1) combination front facing/rear facing wheelchair securement area on the curbside (four flip seats (2+2) with a barrier).

Securement system shall be compliant with the current guidelines of the ADA, use a 3 point securement system with integrated restraints and shall be consistent with the METRO standard installation.

The Proposer offers the following Scenarios in response to the requirements of this section. This is due to the specification requirements of 2+2 flip-up seats and Q'Pod ADA areas which are conflicting and cannot be provided together. The Proposer suggests one of the following:

Scenario 1:A 32 Seated Passenger Layout with 3 ADA areas that includes VPRO II or floor pocket securement system. This Arrangement conforms with the 2+2 flip-seat requirement. This securement system which accounts for a 4-point tie-down arrangement is the same as the last bus order. Please refer to Seating Arrangement Drawing for reference.

Scenario 2:A 32 Seated Passenger Layout with 3 ADA Areas that includes a Q`Pod securement system (3-points with integrated restraints). Our Supplier does not supply the 2x2 flip seat set-up using the Q’Pod. With a Q`Pod, the flip seats can only be arranged in a 3x1 set-up, not a 2x2.The Agency would still have 4 flip seats on each side (using the 3x1 set-up) and this configuration is more friendly for the passenger. If there is a wheelchair occupant, one would only need to flip up the 3-position flip seat while still having the option for a passenger to sit down. With the 2x2 scenario, one would need to flip up both 2-position flips and lose the option for a passenger to sit down.

We request your clarification on whether Scenario 1 or 2 will be accepted by The Agency.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________________________

APPROVED AS MODIFIED_________X____________________________________________

COMMENTS: The curb side ADA position shall be Q-Pod 3+1 (thin flip seats) in combination with a rear facing restraint. The street side shall have two Q-Pod securement systems (thin flip seats) with a clear 60 inch wheelchair space per street-side securement system. In addition the curb side seats behind the ADA securement area shall be aisle facing (2 seats) and an additional forward seat set shall be added on the street side if space allows.

APPROVED BY: DATE:Andrei Dragomir 4/19/2019Project Manager

IFB 4019000082 Contract No. ________________

RESUBMITTED MANUFACTURER'S REQUEST – 4/26/2019:

Per The Agency's response, The Proposer offers a 33 Seated Passenger Layout with 3 Q-Pod ADA Areas. This includes a curb-side ADA Area with a 3+1 Q-Pod Arrangement and a rear-facing restraint. The street-side ADA Areas are both Q-Pods. The curb-side wheel-chair clearance radius is 58.6" Please refer to Seating Arrangement Drawing for reference. We request your approval.

METRO'S RESPONSE:

APPROVED_________X_______________________ DENIED_________________________

APPROVED AS MODIFIED_____________________________________________________


IFB 4019000082 Contract No. ________________



SOLICITATION/CONTRACT NO._4019000082_______________________________________________

MANUFACTURER___Nova Bus_________________ REPRESENTATIVE__ Julie Laplante ____

RFA NO._________6________________ DATE___April 26th, 2019________________________________

SECTION___5.4_______ PAGE NO.__ 207 of 244___ PARAGRAPH NO.______________


Please note that Nova Bus material can be reproduced for transit authority internal usage only.

However, OEM component supplier manuals and materials can only be supplied as made available

by the component supplier. The contractor will ask the OEM suppliers for copyright but cannot

guarantee to obtain them for METRO. Manuals and materials are subject to copyright restrictions as

established by both Proposer and each OEM component supplier. We kindly request approval.

METRO'S RESPONSE:

APPROVED__________X______________________ DENIED_________________________


COMMENTS:


IFB 4019000082 Contract No. ________________




MANUFACTURER___Nova Bus_________________ REPRESENTATIVE___ Julie Laplante ___

RFA NO.____________7_____________ DATE___April 26th, 2019________________________________

SECTION__5.9________ PAGE NO.__ 208 of 244_____________ PARAGRAPH NO.______________


Bidder kindly request to remove the Articulation System courses from the Training Hours Summary

since the bus is a 40ft non-articulated bus.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________




MANUFACTURER___Nova Bus_________________ REPRESENTATIVE___ Julie Laplante __

RFA NO.____________8_____________ DATE___April 26th, 2019________________________________

SECTION__5.9________ PAGE NO.__ 208 of 244 PARAGRAPH NO.______________


The training description indicated in sections 5.1, 5.2, and 5.3 have some discrepancies in terms of

content compared to the information provided in the table of training hours summary in section 5.9.

Additionally, Body, Parts and Wheelchair Ramp equipment courses are missing in section 5.9. Please

confirm that the amount of training hours required from the table in section 5.9 (614 hours - 32 hours

Articulation= 582 hours) prevails.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________




MANUFACTURER____Nova Bus________________ REPRESENTATIVE___ Julie Laplante _

RFA NO.___________9______________ DATE________April 26th, 2019______________________

SECTION___4.1.3__ PAGE NO.______176____ PARAGRAPH NO.___3-item1______


Please confirm that only best base available warranty from suppliers is offered to METRO. We consequently request METRO to approve the following: The base warranty on the engine is 2 years - unlimited mileage.Extended warranty is available but at additional cost.

METRO'S RESPONSE:



COMMENTS: Only base warranty shall be provided.


IFB 4019000082 Contract No. ________________





RFA NO._________10________________ DATE________April 26th, 2019______________________

SECTION___4.1.3__ PAGE NO.______176______ PARAGRAPH NO.___3-item1______


We wish to clarify that Cummins engines warranty exclude some subsystems but not limited to the air compressor, starter, alternator and regulator. We are proposing Cummins warranty which includes some limitations. Please refer to the Cummins warranty brochure with limitations, exceptions, terms and conditions. See “RFA 10 Att”

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________





RFA NO.________11_________________ DATE________April 26th, 2019______________________



We would like to confirm that only best base available warranty from suppliers is offered to METRO and request METRO to approve the following:The base warranty on the the Engine Electronic Control System is 2 years - unlimited miles. Should the supplier make available, at a later date, a superior warranty without cost, this warranty will be pass to METRO

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________








We request that item 4, Suspension be covered by the base warranty of 2 years or 100,000 miles, whichever comes first. No extended warranty is currently available, should the supplier provides a superior warranty without cost, further in the process it will be pass to METRO.

METRO'S RESPONSE:

APPROVED___________X_____________________ DENIED_________________________


COMMENTS:


IFB 4019000082 Contract No. ________________





RFA NO.__________13_______________ DATE________April 26th, 2019______________________

SECTION___4.1.3 &2.2.3.3__ PAGE NO.______176 & 60______ PARAGRAPH NO.___3-item5


We wish to clarify that item 5, interior lighting is covered by a warranty of 12 years parts only but the first two (2) years will include the labor as it is covered by the base warranty of the complete bus.Please approve.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________




MANUFACTURER____Nova Bus________________ REPRESENTATIVE___Julie Laplante _




We request that item 6, Brake System (excluding friction material) be covered by 2 years or 100,000 miles, whichever comes first. No extended warranty is currently available, should the supplier provides a superior warranty without cost, further in the process we will pass this warranty to METRO.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________





RFA NO._______15__________________ DATE________April 26th, 2019______________________



We request that item 9, Cooling System be covered by the base warranty of 2 years/ 100 000 miles. No extended warranty is currently available, should the supplier provides a superior warranty without cost, further in the process we will pass this warranty to METRO.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION___4.1.3__ PAGE NO.______176______ PARAGRAPH NO.___3-item 10_____


We would like to confirm that only best base available warranty from suppliers is offered to METRO and request METRO to approve the following:The base warranty on the Heating and Ventilation Units is 2 years – 186,000 miles. Extended warranty is available but at additional cost.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________








We request that item 11, Electric Fan and Power Steering System be covered by the base warranty of 2 years or 100,000 miles, whichever comes first. No extended warranty is currently available, however should the supplier make available, at a later date, a superior warranty without cost, we will pass this warranty to METRO

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________








We request that item 12, Wheelchair ramp System be covered by the base warranty of 2 years or 100,000 miles, whichever comes first. No extended warranty is currently available, however should the supplier make available, at a later date, a superior warranty without cost, we will pass this warranty to METRO

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________








We request that item 15, Air System, not limited to Compressor, Dryer, Tanks, Valves be covered by the base warranty of 2 years or 100,000 miles, whichever comes first. No extended warranty is currently available, should the supplier provides a superior warranty without cost, further in the process we will pass this warranty to METRO. The Air dryer will be covered by a 3 year or 150,000 mile warranty.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION___2.2.3.1__ PAGE NO.______58 ______ PARAGRAPH NO.___9_____


We wish to clarify that LED exterior lighting is covered by a warranty of 12 years parts only but the first two (2) years will include the labor as it is covered by the base warranty of the complete bus.Please approve.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION___4.1.3.1__ PAGE NO.______176/177__ PARAGRAPH NO.________


Certain suppliers such as: Cummins, Allison, ZF and others request direct warranty process with the agency. Consequently, we request to respect these supplier agreements regarding warranty process in terms of delegated responsibility. See “RFA 21 Att”.

Please note that we comply with article 4.1.3.1. Same delegate procedure as already used in previous bus delivery.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION_4.2.2.1 to 4.2.2.6 PAGE NO.______186/188__ PARAGRAPH NO.________


We cannot practically comply with all requirements described in these sections since it may be cost prohibitive. We use a different warranty maintenance management system which is accessible on-line by customers. It is summarized in attachment “RFA 22 Att”. This system will avoid unnecessary costs. We request your approval.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION___4.1.11__ PAGE NO.______180__ PARAGRAPH NO.__1_____ MANUFACTURER'S

REQUEST:

We would like to clarify that the claims aren’t approved by the service personnel. The warranty department is in charge of claims analysis and approval. One warranty manager will be responsible of METRO’s account. Please be assured that the warranty manager and the service personnel are working together to offer the best service to METRO.The Service personnel will be able to make warranty decision in the field.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION__4.1.14.4 & 4.1.14.6_ PAGE NO.__184 & 185_ PARAGRAPH NO.__4 & 2_


Reimbursement for all accepted claims shall occur no later than sixty (60) days from the date of acceptance of a valid claim. We request your approval.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION___4.1.14.3__ PAGE NO.______184__ PARAGRAPH NO.__2____


We would like to clarify that the parts disposition will be indicated while submitting the claim directly through the system

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION__4.1.14.1 & 4.2_ PAGE NO.__183 & 186_ PARAGRAPH NO.___


In an effort to avoid driving to cost of the vehicle upwards to provision unnecessary warranty cost, Nova Bus would like to propose replacing the RFP text under “4.1.14.1 Parts Used” and “4.2 Warranty After Replacement or Repairs” to reflect APTA’s “Standard Bus Procurement Guidelines RFP”: WR 2.4 Warranty after Replacement/Repairs If any component, unit or subsystem is repaired, rebuilt or replaced by the Contractor or by the Agency with the concurrence of the Contractor, then the component, unit or subsystem shall have the unexpired warranty period of the original. Repairs shall not be warranted if Contractor-provided or authorized parts are not used for the repair, unless the Contractor has failed to respond within five days, in accordance with “Repairs by the Contractor.” If an item is declared to be a Fleet Defect, then the warranty stops with the declaration of the Fleet Defect. Once the Fleet Defect is corrected, the item(s) shall have three (3) months or remaining time and/or miles of the original warranty, whichever is greater. This remaining warranty period shall begin on the repair/replacement date for corrected items on each bus if the repairs are completed by the Contractor or on the date the Contractor provides all parts to the Agency.

For clarification, in case a part or a component needs to be changed, the warranty on the new element will be the reminder of the original warranty. Restart of a warranty period is not consistent with generally accepted industry standards when it comes to warranty in repairs. However, should suppliers agree to provide greater warranty, Nova Bus will provide back to back the most advantageous warranty. In the case of a fleet defect, we wish to clarify that the time from the moment the fleet defect is filled and until the fleet defect is resolved, shall be added to the warranty period of the component.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION___4.1.14.1__ PAGE NO.______184__ PARAGRAPH NO.__2____


We request the following paragraph and the Deliverable #29 to be removed :“METRO shall use parts or components available from its ownstock only on an emergency basis. Monthly reports, or reportsat intervals mutually agreed upon, of all repairs covered bywarranty will be submitted by METRO to the Contractor forreimbursement or replacement of parts or components. TheContractor shall provide forms for these reports (Deliverable,See Appendix No.1, Item D29).”The parts can be claimed through the warranty website with the labor.We request your approval.

METRO'S RESPONSE:

APPROVED________________________________ DENIED________X_________________


COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION___4.1.7__ PAGE NO.______179__ PARAGRAPH NO.______


We request your approval to add the following exceptions to the fleet defect exceptions section. A fleet defect warranty provisions shall not apply to Agency supplied items, such as radios, fare collection equipment, communication systems, tires and others. Fleet defect warranty provisions shall not apply to warranty items exceeding the base provisions. The warranty base provisions only include the initial base warranty.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________








We request the application of the twenty (20) percent on the fleets, and add the following : “For the purpose of Fleet Defects, each option order shall be treated as a separate bus fleet. In addition, should there be a change in a major component within either the base order or an option order, the buses containing the new major component shall become a separate bus fleet for the purposes of Fleet Defects.”In addition, Nova Bus also requests the minimum of the fleet to be twelve (12) vehicles.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_________X________________


COMMENTS:


IFB 4019000082 Contract No. ________________








We request your approval to add the Passenger USB connexion to the fleet defect exceptions section. A fleet defect warranty provisions shall not apply to Passenger USB connexion, provided manufacturer’s defects are not present.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________





RFA NO.___________32______________ DATE________April 26th, 2019______________________

SECTION __ITEMS PURCHASED, DELIVERY AND COMPENSATION ____PAGE NO.__36__ PARAGRAPH NO.______


3 ITEMS PURCHASED, DELIVERY AND COMPENSATION

B. A pilot bus for a Heavy Duty 40ft clean diesel transit bus shall be built, tested and be 100-percent complete and functional before METRO will issue acceptance and approval to initiate assembly of the remaining buses (production buses) to be delivered under the terms of this Contract. The Contractor shall make available on its website all manufacturing and assembly diagrams for the pilot bus for Metro review only, no less than 10-business days prior to the start of the pilot bus assembly.

Proposer’s policy on manufacturing and assembly diagrams is to make this information available on site only. However, should METRO request to review in advance, we will make these documents available on site for review only.

We request your approval

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION___ CONFIDENTIAL INFORMATION ______ PAGE NO.__53_____________ PARAGRAPH NO.______________


13 CONFIDENTIAL INFORMATION All cost estimates and supporting data are considered confidential. Any other reports, information, data, etc., given or

prepared or assembled by the Contractor under this Contract which METRO requests in writing to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of METRO. These obligations with regard to confidentiality shall be for five (5) years after completion of this Contract.

As METRO is likely to have access to sensitive proprietary and confidential information, technical data, software, etc., Nova Bus requests that for this type of information, the period of protection be extended to five 5 years. Our concern is that, after the 3 year period, information would be subject to public disclosure without due process

We respectfully request your approval.

METRO'S RESPONSE:



COMMENTS:

Michael Southwell 5/9/2019__________________________________ _____________________________APPROVED BY: DATE

IFB 4019000082 Contract No. ________________






SECTION___ CONFIDENTIAL INFORMATION ______ PAGE NO.__53_____________ PARAGRAPH NO.__C____________


25 SUSPENSION OF WORK

C. The Contractor shall be allowed an equitable adjustment in the Contract price, which will include reasonable profits (excluding profit) and/or an extension of the Contract time, to the extent that cost or delays are shown by the Contractor to be directly attributable to any suspension. However, no adjustment shall be made under this section for any suspension, delay or interruption due to the fault or negligence of the Contractor.

Buses are customised Products, Proposer incurs significant costs in starting production. Compensation for costs and reasonable profit are generally accepted in the bus industry in the event of termination without cause.

We request your approval

METRO'S RESPONSE:

APPROVED________________________________ DENIED___________X______________


COMMENTS:

5/9/2019__________________________________ _____________________________APPROVED BY: DATE

IFB 4019000082 Contract No. ________________




MANUFACTURER___Nova Bus_________________ REPRESENTATIVE______ Julie Laplante ___

RFA NO.__________35_______________ DATE___April 26th, 2019________________________________

SECTION: __7.1 Requirements___PAGE NO. __220 of 244__ PARAGRAPH NO.______________


Please note that the contractor will provide wiring schematics to METRO, however final as-built

drawings are Nova Bus' intellectual property and cannot be provided to METRO. Kindly approve.

METRO'S RESPONSE:



COMMENTS:


IFB 4019000082 Contract No. ________________






SECTION____IV____ PAGE NO._______5________ PARAGRAPH NO.__4-A_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 excessive 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 the Customer, and, in addition be a mechanism to dissuade poor performance.

Proposer requests approval to limit the liquidated damages to be capped on a “per bus” basis at 2% of the value of the bus price. Proposer also respectfully requests to revise the amount for liquidated damages to $150 per business day.

METRO'S RESPONSE:

APPROVED________________________________ DENIED_______X__________________


COMMENTS:

5/9/2019__________________________________ _____________________________APPROVED BY: DATE

IFB 4019000082 Contract No. ________________





RFA NO. _____37_________ DATE________April 26 th , 2019 ______________________

SECTION___4.1.11_______ PAGE NO.____180___________ PARAGRAPH NO.____1__________


“The Contractor shall, at its own expense, provide qualified factory authorized service personnel at the METRO facilities from the time the first bus is delivered until the Complete Bus warranty period ends. The Contractor’s service personnel shall be available twenty-four (24) hours, seven (7) days a week, to assist METRO in the solution of engineering or design problems and perform daily warranty related repairs at METRO’s six (6) Bus Operating Facilities that are within the scope of the Technical Specifications and that may arise during the warranty period.”

We request approval for the following service:

The Contractor shall, at its own expense, provide qualified factory authorized service personnel at the METRO facilities from the time the first bus is delivered until the Complete Bus warranty period ends. The Contractor’s onsite service personnel or the Prevost After-hours Service Support Center that is available after business hours for any emergencies that may happen after normal business hours will be available twenty-four (24) hours, seven (7) days a week, to assist METRO in the solution of engineering or design problems and perform daily warranty related repairs at METRO’s six (6) Bus Operating Facilities that are within the scope of the Technical Specifications and that may arise during the warranty period.

METRO'S RESPONSE:



COMMENTS:


Documents

METROPOLITAN TRANSIT AUTHORITY - ridemetroapp.org€¦ · Web viewWe request that item 11, Electric Fan and Power Steering System be covered by the base warranty of 2 years or 100,000