High-Speed Electric Locomotives RFP 14-237-JFK Addendum No. 3

89 Pages·2015·1.35 MB·English

by  Warner, David C

Addendum 3

March 2, 2015

To Whom It May ConcernA: ddendum No. 3 to SEPTA RFP No. 14-237-JFK for High-Speed Electric
Locomotives.
This letter constitutes
ddendum No . 3 consists of the following:

A 1. Questions & Answers.
2. Escrow Master Agreement (Sample Document)
3. Instruction to Proposers and Contract Agreement – Redline Versions reflecting Addendum 3
changes.
4. Certifications

Addendum No. 3 must be acknowledged by updating and signing the Acknowledgement of Addenda
F orm and including with your Proposal.

A ny inquiries regarding this Addendum must be directed to John Kerrigan of the Procurement and SCM
Department at [email protected] or 215.580.8360.

SJinochernel yKerrigan

John Kerrigan
Contract Administration
Procurement and SCM Department
Addendum 3

ACKNOWLEDGEMENT OF ADDENDA FORM

High-Speed Electric Locomotives – RFP 14-237-JFK

Acknowledgement of Addenda

The following form shall be completed for the acknowledgement of all addenda by inserting the dates next to the
appropriate addenda number and including in the Technical Proposal submittal. Failure to properly acknowledge
the addenda, as set forth below, may cause your proposal to be considered non-responsive to the solicitation.

The undersigned acknowledges receipt of the following addenda to this RFP No. 11-025-JBW and certifies that
all changes have been taken into account in the total price of the proposal.

ADDENDUM NO. 1 DATED: ____________

ADDENDUM NO. 2 DATED: ____________

ADDENDUM NO. 3 DATED: ____________

ADDENDUM NO. 4 DATED: ____________

ADDENDUM NO. 5 DATED: ____________

ADDENDUM NO. 6 DATED: ____________

Proposer Name: ________________________________________________________________

Street Address : ________________________________________________________________

City, State Zip : ________________________________________________________________

Signature of Authorized Signer: ____________________________________________________

Print/Type Name : _______________________________________________________________

Phone Number : ________________________
Addendum 3
Ref No. Volume Section Page Resp. Request for Clarification Details SEPTA Response
Proposed Change is not acceptable.
Would SEPTA consider a cap on liability of 100% of the Contract Value which is consistent for the However, SEPTA is not opposed to
Contract
4 NA NA industry, and include a disclaimer of consequential damages under the same provision? Both of these topics evaluating proposed language whereby the
Documents
are critical to publicly traded companies and may hinder our bidder’s ability to bid the project. risk to both can be mitigated and mutually
shared.
Please keep in mind that this is public
competitive procurement. However,
There does not appear to be a confidentiality provision in the terms and conditions for the mutual protection SEPTA is not opposed to evaluating and
Contract
5 NA NA of the parties. Does the SEPTA intend to introduce a confidentiality provision or negotiate a non-disclosure considering Confidentiality Provisions in
Documents
agreement after award? the proper applicable areas. Please submit
proposed provision detailing specific areas
for SEPTA's evaluation.
Generally LDs are not assessed after
Given that SEPTA has the right to assess Liquidated Damages for delay in delivery, please clarify what conditional acceptance and delivery. This
Contract
6 IX.L 5 costs or reductions may be deducted under this provision (“SEPTA may require a reduction in the contract contract provision applies to non-
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price if the Contractor fails to meet such delivery schedule”) conformance with fulfillment of final
acceptance conditions.
Please submit referenced industry
Would SEPTA be open to introducing a disclaimer of implied and fitness for purpose warranty in language
Contract standards documentation and proposed
7 XVII.C 9 consistent with industry standards? This language would enable bidders to avoid unnecessary contingencies
Documents clause language detailing specific areas
which drive up project costs
for SEPTA's evaluation.
Yes. Please keep in mind that it is
SEPTA's last resort to perform the
Contract If the repairs are performed by SEPTA or a third-party, is the Supplier still expected to honor warranty for
8 XVII.I 12 warranty repairs or have another third
Documents the parts repaired?
party perform them in lieu of the
contractor responsible for this work.
Contract Would SEPTA consider incorporating a timely notice requirement by SEPTA in the event of a claim for Please submit proposed clause detailing
9 XVII.J 13
Documents patent infringement? specific areas for SEPTA's evaluation.
Guaranty is normally required on Joint
Please specify in which case SEPTA would request an additional guaranty and in what format is preferred.
Ventures and/or afiliates/subsidiary. It
9.4 Additional The language exposes the contractor to a non manageable risk potentially resulting in higher risk provisions
11 ITP 8 of 18 remains solely within SEPTA's
Guaranty and cost, we therefore kindly request this section be deleted or better define in what scenario an additional
determination to require if SEPTA deems
guaranty would need to be provided.
necessary.
Addendum 3
Contract Please provide clarity whether SEPTA would consider a corporate bond from a strong parent company as a See revised language within attached
12 XX A 19 of 33
Document cost attractive alternative in lieu of a performance bond? agreement.
XX A stipulates a replacement period of 10 days in case the surety becomes insolvent or bankrupt. We have
Contract See revised language within attached
13 XX A 19 of 33 been advised by our brokers that 10 days might be a very tight timeline. Hence we ask the period be
Document agreement.
extended to 20 days in order to avoid being forced into default due to administrative reasons?
XX A contains language reducing the performance bond to 5% of the contract price at acceptance and it be
Contract maintained until the end of the two year warranty period. XX B specifies additional requirements for a See revised language within attached
14 XX A and B 19 of 33
Document maintenance bond, which should also be maintained during the maintenance period. Which bond is meant agreement.
to cover the maintenance period?
See revised language within attached
agreement.
19 of 33
Contract XX B defines end of warranty period as expiry date for the maintenance bond, please specify clearly to Note that XX, B define general vehicle
15 XX B and XVII E And
Document which time period you are referring to, as XX B is contemplating warranty periods for certain items? warranty whereas warranty requirements
10 of 33
for specific elements / components are
defined in XVII, E.
The language provided in XXXVIII (Options) does not contain the reduction mechanism for the
Contract Confirmed, See revised language within
16 XXXVIII 29/30 of 33 performance bonds which is stipulated in XX A; could you please confirm that the reduction mechanism
Document attached agreement.
also applies to the Options?
Please provide more detail of the obligation the contractor would need to fulfill in its potential role as
nominal lessor?
Contract See revised language within attached
17 XXVII B 19 of 33 As the contractor cannot predict what obligations and cost related thereto, might be associated with this
Document agreement.
provision, can SEPTA consider adding a provision that the contractor is kept whole from any additional
charges and cost related to the financing the Owner might set up.
Contract See revised language within attached
19 XXVII 23 of 33 Would SEPTA be interested in financing arranged and/or provided by the Supplier?
Document agreement.
Exhibit D is a "Sample" bond document
Contract Please clarify of which amount the maintenance bond should be issued. XX A says in amount of 5% of the
XX A, Exhibit D 19 of 33, describing the expected bond language.
20 Document, contract price, whereas the maintenance/warranty bond itself mentions that “the principal shall furnish a
(Maintenance Bond) Exh. D Bond requirements for this RFP are stated
Exhibit D bond in the penalty of 100% of the Contract Price.”
in the agreement.
Addendum 3
In a separate binder(s), each Proposer shall provide the following technical information. This binder shall
contain alpha-numeric designated tabs, corresponding to the paragraphs and elements listed within IP 11
– Technical Proposal Format.
From review of the RFP it is understood that the technical proposal submittal will have the following
structure:
Tab 1 - Technical Approach (IP 11.1) Tab 2 - Relevant Experience/Past Performance (IP 11.2)
IP 2.1 Technical Please follow proposal requirements as
21 RFP 2 of 18 Tab 3 – Program Management / Manufacturing Approach (IP 11.3) Tab 4 - Testing, Training and
Proposal Format stipulated within Instructions to Proposers.
Quality Assurance Approach
Tab 5 - Other Information Included with Technical Proposal (IP 6)
Tab 6 – Addenda (IP 7)
Tab 7 - Equal Employment Opportunity (EEO) (IP 8)
Please confirm that a technical proposal binder submitted with the above structure meets the submittal
requirements of the RFP.
It is understood that IP 4.1 Responsibility of Proposer requires the contractor to provide SEPTA with
adequate documentation, as determined by SEPTA, within twenty (20) days of receipt of SEPTA's
IP 4.1 Documentation satisfying the requirements
written request to permit SEPTA to determine the responsibility of the Proposer. A responsible contractor is
22 RFP Responsibility of 3 of 18 of A thru J shall be provided as stated
one which meets the following standards,….
Proposer upon SEPTA's request.
Please expand on what specific documentation or statements are required to be provided in compliance
of the requirements A to J.
IP 6.1 Disadvantaged Business Enterprise (DBE)
IP 6.1 DBE requirements are determined by,….
Disadvantaged Participation Requirements: In connection with this solicitation and any resulting contract, the proposal Cerificate form provided, see attached
23 RFP 5 of 18
Business Enterprise shall be accompanied by a signed DBE Approval Certification. documentation.
(DBE) Please provide the requested DBE Approval Certificate to be completed, signed and submitted with the
proposal.
IP 6. Other
Information Included
IP 6.1 Disadvantaged Business Enterprise (DBE)
with Technical
Participation Requirements: In connection with this solicitation and any resulting contract, the proposal
Proposal Cerificate form provided, see attached
24 RFP 5 of 18 shall be accompanied by a signed DBE Approval Certification.
IP 6.1 documentation.
Please provide the requested DBE approval certificate to be completed, signed and included in our
Disadvantaged
technical proposal tab 6 Other Information.
Business Enterprise
(DBE)
Addendum 3
IP 6. Other
Information Included
with Technical Please provide the requested Buy America certificate to be completed, signed and included in our Cerificate form provided, see attached
25 RFP 6 of 18
Proposal technical proposal tab 6 Other Information. documentation.
IP 6.3 Buy America
Provision
IP 6. Other
Information Included
with Technical
Proposal
Please provide the requested Certificate of Compliance with Immigration Reform and Control Act of Cerificate form provided, see attached
26 RFP IP 6.4 Certificate of 6 of 18
1986 to be completed, signed and included in our technical proposal tab 6 Other Information. documentation.
Compliance with
Immigration Reform
and Control Act of
1986
Addenda should be acknowledged on the Acknowledgement of Addenda Form and included as part of the
technical proposal. Addenda Form provided, see attached
27 RFP IP 7. Addenda 6 of 18
Please provide the requested Acknowledgement of Addenda Form to be completed, signed and included documentation.
in our technical proposal tab 7 Other Information.
…., 8. The Consultant shall have an Affirmative Action Plan declaring that it does not discriminate on
the basis of race, color, religion, creed, national origin or sex and specifying minority and female goals to
assure implementation of the Plan. SEPTA shall assure compliance with this requirement and promptly
IP 8. Equal The contractor shall provide a copy of its
investigate suspected or reported violations.
28 RFP Employment 6 of 18 EEO plan in their technical proposal
The RFP provides the EEO requirements however it is unclear what content is required to be submitted
Opportunity (EEO) submittal.
in our technical proposal tab 8 EEO.
Does SEPTA require the contractor to provide its EEO plan as part of the technical proposal submission
tab 8?
Buy America Cerificate form provided,
Exhibit - D Forms Please provide the requested Buy America certificate to be completed, signed and included in our
see attached documentation. In
• Buy America technical proposal tab 6 Other Information.
29 RFP 27 of 81 accordance with IP 9.10, the Affidavit of
Certification Please provide the requested Collusion Affidavit form to be completed, signed and included in our
Non- Collusion will be addressed with the
• Collusion Affidavit technical proposal tab 6 Other Information.
apparent awardee prior to award.
Addendum 3
Based on the project schedule and stated
milestones, the anticipation is that lead
Contract provides for certain mandatory sub- suppliers, some of which bidders may be unfamiliar with time for the "mandated-suppliers" is not
and/or who we may not have chosen if not required. Would SEPTA be willing to consider relief to Bidders an issue and should not be an impact to
Technical Sections 9, 11, 12,
30 various in the event delays are caused by mandated suppliers? This is a common approach in the industry as it is the project. However, if it is known at this
Specification and 13
unreasonable to subject Vendors to Liquidated Damages for delays caused by a mandatory supplier they point that said lead time is not feasible or
would not have otherwise chosen. compatible with the stated project
schedule, SEPTA asks that specifics are
provided for evaluation.
states: that Federal and State requirements are attached and made a part hereof in Exhibits A and B.
XXIII Federal and
However, Exhibit A is State and Local Contract Requirements and Exhibit B is SEPTA’s Equal See revised language within attached
31 RFP State Contract 22
Employment Opportunity/Affirmative Action Contractual Requirements. Other than Buy America, are there agreement.
Requirements
any other specific Federal requirements?
Could SEPTA advise on the expected duration of the Escrow obligation? This is an important pricing
32 RFP XXXV.A.4 26 See sample Escrow Master Agreement.
component for bidders.
The spec says:
The Contractor shall supply trainline
Receptacles of each type shall be installed on all four corners of the locomotive to allow locomotives to
cables for connection of the locomotive to
turned randomly end-for-end in a consist. In order to use SEPTA standard length jumper cables between
SEPTA's existing push pull fleet. The
locomotives as well as to adjacent cars, the location of the receptacles in all three axes must be coordinated
33 Section 2 2.2.13.1 13 trainline cables do not need to be identical
with those of existing SEPTA equipment.
to SEPTA's existing cables. The
Request for clarification:
specification has been modified
For receptacles, please see request for clarification related to chapter 2.2.12.3
accordingly.
For the use of SEPTA standard jumper cables, please provide drawings and minimum
How is the information of a “car hot journal” transmitted to the locomotive for indication? Pin 21 of the Car hot journal is not used on SEPTA
15 of
34 Section 2 2.2.13.3 communication trainline is not used as “Hot Journal indication” but as “Doors Open – Left Side Low equipment. The specification has been
section 2
Level” information (see section 2.2.13.2) modified accordingly.
Addendum 3
Actuation of the dynamic brake is not
performed on a trainline basis. It is not a
requirement to provide electric
propagation of dynamic brake; cab cars do
Black MU trainline currently has no signals to control dynamic brake independently of pneumatic brake in not have any controlling element to
16 of
36 Section 2 2.2.13.6 train via an analogue voltage signal. Are there plans to change the MU trainline pin assignment to provide provide this signal. It is not anticipated
section 2
wires for this functionality that this function will be added. Brake
blending while configured as trailing is to
be controlled via brake pipe reductions
when appropriate. No specification change
is necessary.
The requirement to provide positive
indication of the parking brake status via
The requirement of section 11.6 “Positive indication of the parking brake status shall be provided to the
trainline 14 of the MU receptacle has been
15 of controlling cab via trainline 14 of the MU receptacle.” Is in contradiction to section 2.2.13.6 where Pin 14
37 Section 11 11.6 deleted from the specification. The
section 11 is used for “Pantograph Down” and no other signal is defined for Parking brake indication resp. control
parking brake status shall be included in
Suggestion is to use PIN 11 for this indication.
the overall brake applied status via pin 20
of the communication trainline.
“Provide a spring-applied, air-released parking brake control signal to unit car in the train consist which
The requirement to provide consist level
3 of section shall be controlled from the active locomotive cab.”
38 Section 11 11.1.8 control of the parking brake has been
11 Please specify relevant trainline pins to communicate parking brake apply and release commands to trailing
removed from the specification.
locomotives or coaches
Emergency Brake is to be initiated by all
vehicles, and shall initiate a brake
Please confirm functionality of pin 22 “Emergency Brake”: application at the emergency rate.
17 of
39 Section 2 2.2.13.6 Signal will be read by leading vehicle, whenever signal is active an emergency brake will be triggered by Emergency brake can also be initiated by
section 2
the lead locomotive. Signal is generated in the coaches. the lead vehicle when commanded by the
engineer, or when the brake control
system detects an emergency condition.
Addendum 3
The MCP system is required as it is
integral to the design of the SEPTA PTC
system. It contains the PTC data radio,
along with the necessary filters and
routing equipment to connect devices such
as the PTC On-Board Computer, the PTC
data radio, and the Event Recorder.
Additional communications systems
1 of section Specification of mobile communication system “MCP-System-3“, “MCP-SEPTA”. Would SEPTA also
40 Section 12 12.1 distinct from the MCP-System-3 and MCP-
12 consider the use of other communication systems between vehicle and landside, for example Witronix
SEPTA parts (which are to be used solely
for PTC purposes) are required to provide
the non-PTC wireless download functions
between vehicle and landside. SEPTA will
consider all communication systems which
implement the specification required
functionality, with the exception of those
used for the PTC system.
Please provide pricing per the payment
Payments terms for the Base and Option orders are very unfavorable and result in negative cashflow for
Contract 6 & 7 of 33 milestone schedule issued with the RFP.
41 XIII XXXIX Bidders. Is SEPTA open to considering a revised payment milestone schedule for the Base and Options
Documents 30 of 33 Please provide suggested alternate
orders in order to at a minimum result in a neutral cash flow for Bidders?
payment milestone for septa's evaluation.
C. Subcontractor Relations: “In addition, the Contractor shall pay its Subcontractors any retainage the
Contract Contractor has withheld from is Subcontractor within twenty (20) days after a Subcontractor’s work is
42 XVIII 15 of 33 There is no retainage for this contract.
Documents satisfactory completed.” Please clarify if there is retainage in this contract. It is mentioned in this section
but not in the payment schedule.
Addendum 3
CONTRACT OPTION PRICE ADJUSTMENT AND PAYMENT TERMS FOR OPTION FOR
ADDITIONAL LOCOMOTIVES-
A. “No price adjustment shall be allowed if the Option is exercised within the first 6 months following
issuance of Notice to Proceed for the base order”.
Would SEPTA be willing to consider language such as: No price adjustment will be allowed for any option
orders delivered during the base locomotive period. Option orders will be subject to price adjustment if they
Contract do not allow for contiguous production with the base order. In addition, a one-time remobilization cost may
43 XXXIX 30 of 33 Proposed change unacceptable.
Documents be allowed for each option order requiring remobilization.
“The Producer Price Index (33651) used for the Price Adjustment calculation shall be in its originally
published, unadjusted form.”
Please provide a link for this information, as it appears this PPI is only a labor index. If so, Bidder
proposes the Price Adjustment requirement to incorporate the following:
Iron & Steel Wire and Cable Labor
Industrial Commodities Energy
The Contract Documents incorporates “substantial representations made by the Contractor upon which
SEPTA was entitled to rely in making the decision to award the Contract to the Contractor”. This could
potentially lead to disputes and ambiguity as to what the parties’ obligations are and what the contractual
requirements are. A best practice is to include representations made by the Contractor for which SEPTA’s
Contract relying upon in the contract. Similarly, in Section XVII, SEPTA has asked for a warranty that the Please provide suggested language for
44 III, XVII, and XXXI 2, 9 and 31
Documents locomotive conforms to all representations and descriptions made whether oral or written. This should be septa's evaluation.
limited to representations and warranties set forth in the contract and certainly not to statements made orally
or in writing if the representation is not set forth in the contract. Finally the integration clause which
satisfied the parol evidence rule excludes allegedly oral statements made. Will SEPTA consider including
the representations and warranties made by Contract in the four corners of the contract?
10% of the contract sum is the expected
Contract Would SEPTA include an overall cap for all liquidated damages or is the 10% in section VI the cap for all
45 VI 3 Cap for all Liquidated damages assessed
Document liquidated damages including delivery of manuals etc. and unavailability?
under the contract.
SEPTA's right to terminate for any reason
If SEPTA exercises its right to terminate for delays caused by reasons beyond Contractor’s control, the
Contract not attributed to contractor delays or other
46 VIII 3 termination should not be a termination for cause or default.
Document actions, the termination is exercised under
Would SEPTA clarify that termination would be for convenience?
"Termination for Convenience".