Subject: Invitation for Bid No Road Service, Flat Proofing, and New Tires for Construction Equipment for a Period of Three (3) Years

Transcription

1 August 13, 2018 Subject: Invitation for Bid No Road Service, Flat Proofing, and New Tires for Construction Equipment for a Period of Three (3) Years Dear Sir/Madam: Addendum No. 1 This Addendum No. 1 is being issued to correct, amend, add and/or delete certain words, phrases, sentences, or paragraphs in Invitation for Bid No This Addendum No. 1 consists of: 1. Notice that the Invitation for Bid Due Date has been changed: From: August 17, 2018 at 2:00 P.M. (LPT) To: August 28, 2018 at 2:00 P.M. (LPT) 2. Metra s responses to vendors questions: No. Vendor Question Metra Response In reference to IFB NO On Exhibit 1-M page 1 regarding 2.0 Road Service 1 The Contractor shall be available for call out at normal working hours for road service and be properly equipped to repair tires on heavy equipment throughout Metra s six (6) county areas. Normal working hours are from 7:00 a.m. to 3:30 p.m., Monday through Friday. The successful bidder will be required to have an employee at the Metra location, no later than one hour after the start of the shift to repair any tires found at the beginning of the shift. No charge will be allowed for a service call unless actual work is performed. If unable to meet this time requirement, a phone call must be made to the Work Equipment Department Supervisor, Marko Neskovic, at no later than one half hour after the start of the shift to explain the reason for this failure to appear. Metra realizes that emergencies do happen, but in the event of something like a truck breakdown, every attempt must be made by the Contractor to meet this requirement. Question: Is Metra requiring the bidder to designate a permanent tire service tech to repair any tires found at their own discretion at each location on daily basis? No. Metra is requiring the Contractor to be at the location requested within one (1) hour of the phone call received from Metra s Work Equipment Department. Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation.

2 2 Question #1: Does Exhibit 1-K (there are no Buy America provisions) override the requirements for Buy America stated in Exhibit D #28 and Exhibit 1-E #17? Buy America does not apply to this procurement. 3 Question #2: For Exhibit 1-B, #12: In the context of the type of audits to be conducted, what is meant by option procurements? There are no options in this procurement. 4 Question #3: For Exhibit 1-B, #12: The goods requested are commercial off-the-shelf (COTS) tires and standard industry tire filling services. Will METRA delete the requirements to verify the individual cost elements, including deleting requirements to request that the Bidder to show in detail, the kinds, quantities, and prices of direct material and direct labor used to develop prices/costs submitted in the Bid... as such costs are protected by Federal precedent? No. 5 Question #4: For Exhibit 1-B, #15, and Exhibit 1-D, #4: Will METRA agree that should it choose the option to extend, or, to modify the term length of this agreement, or to modify the specifications, that it will do so with a written request and such request requires the agreement in writing of both parties? Both parties must agree in writing to extend the term of the contract and/or modify the specification. Question #5a: For Exhibit 1-C, #4: Is the 80% requirement an absolute percentage, to notify METRA when a purchase order stated amount (dollar amount or quantity of goods) has been delivered? 5a. Yes. 6 Question #5b: For Exhibit 1-C, #4: Will METRA accept a notification which is earlier (say 70%) or near the limit (say 95%)? Question #5c: For Exhibit 1-C, #4: What will METRA do if work is in progress to an order received from an authorized METRA employee under the PO, but which will exceed the PO amount currently authorized? 5b. No. 5c. This is a not-to-exceed contract. Vendor is responsible for ensuring that the work does not exceed the value of the contract. 2

3 7 8 Question #6: For Exhibit 1-D, #16: Will METRA consider modifying, whether as part of this bid process, or as part of the award process, the Indemnity requirement so it specifically relates to an indemnity offered by the Contractor for Contractor s negligence or willful misconduct? The changes we suggest are: In connection with the performance of the Contract, the Vendor agrees to assume all risk of injury to person (including death) and damage to property suffered by the Vendor, Metra and all other persons, firms and corporations, to the extent directly caused by Vendor s negligent performance hereunder, and the Vendor agrees to indemnify, defend, and save harmless Metra, and its officers, agents and employees from and against all third party claims of loss, liability, cost and expense (including all costs of litigation and all attorneys' fees) which any of them may incur, sustain or be subject to on account of all claims of injury to person, including death, or damage to property suffered by the Vendor, Metra and all other persons, firms and corporations which result to the extent that they from or arise out of the Vendor s performance of this Contract or the presence of the Vendor or its agents, servants or employees in, on or about any premises owned or occupied by Metra, whether or not any such claim is caused by or attributed to the condition of any premises owned or occupied by Metra. Question #6: For Exhibit 1-D, #32: Would METRA provide a statement of what type of standards METRA has so that the training for the use or service of the goods requested under this bid that it expects from its Contractor so that METRA employees the knowledge and ability to use the product according to those Metra standards could be understood? Yes, the suggested changes are acceptable. Training as per Exhibit 1-D, #32 is notapplicable to this procurement. 9 Question #7: For Exhibit 1-E, #22: Will METRA delete this Part, concerning Patent Rights? Any patents for any of the goods proposed are and all times remain the sole property of the goods manufacturers. It has no meaning for a proposal which requires commercial off-the-shelf (COTS) goods or readily available commercial services (foam filling) to be bid. There are no goods requested to be propose which would be a works for hire unique to METRA and require a design, engineering or development exclusively for METRA. Yes, Metra agrees to this deletion. 3

4 10 Question #8: For Exhibit 1-E, #24, will METRA define the safety sensitive functions which apply to this requirement? Vendor s services will be performed on Metra property. As referenced in Exhibit 1-E, #24, please review 49 C.F.R. Part 653 for the definition of safety sensitive functions. 11 Question #9a: For Exhibit 1-O: Vendor self-insures for general liability coverages and maintains selfinsurance retentions. Will METRA accept this if demonstrated by a letter statement of self-insured retentions? Question #9b: For Exhibit 1-O: Vendor is self-insured for general liability coverage, with $3,000,000 CSL each occurrence self-insured retention. As vendor s self-insured retention for general liability and our automobile policy limit are greater than $1 million, vendor request that the excess liability policy requirement and revision of the general liability and automobile liability requirement to $2 million in order to satisfy your $2 million total limit be removed upon award of bid to vendor. Question #9c: For Exhibit 1-O: Will METRA accept the understanding of the meaning of the preamble paragraph mean Effective concurrently with the commencement of the work, the contractor/vendor shall self-insure or obtain and maintain throughout the life of the work. The insurance coverage noted below? Question #9d: For Exhibit 1-O: Will METRA accept that the endorsement requirement is not feasible if vendor is self-insured for general liability? Please note: Vendor will add METRA to the certificate of insurance as an additional insured on the automobile liability coverage. 9a. Yes, Metra will accept this if demonstrated by a letter statement of self-insured retentions. Letter statements must be on company letterhead and if possible, reflect their selfinsured retention limit. 9b. This is acceptable. 9c. Yes. 9d. Yes; however, the vendor will need to list Metra using its full legal name as per the following: The Commuter Rail Division of the Regional Transportation Authority, a division of an Illinois municipal corporation and its affiliated separate public corporation known as the Northeast Illinois Regional Commuter Railroad Corporation, both operating under the service mark Metra as now exists or may hereafter to constituted or acquired, and The Regional Transportation Authority, an Illinois municipal corporation and other railroads operating on the property. 4

5 Question #9e: For Exhibit 1-0: Will Metra accept that the requirement for Professional Liability as an insurance coverage (this is a goods and services supply IFB) does not apply to this bid? 9e. Professional liability insurance was not a coverage requested on the insurance requirements. Question #9f: For Exhibit 1-0: The requirement for including waiver of subrogation means that vendor in effect responsible for the acts of negligence or willful misconduct ofmetra employees and those persons or organizations under METRA's direct supervision and control over whom vendor has no administrative or legal right to compel action. Will METRA delete the requirement for waiver of subrogation? 9f. No. Question #9g: For Exhibit 1-0: Will METRA delete the requirement that "...The certificate of insurance shall clearly state how defense costs (also known as "allocated loss adjustment expenses") shall apply in terms of the deductible and insurance limits..."? As vendor is [vem/or name omiitecf\ is self-insured for general liability, there are no "deductibles" per se. 9g. Yes, it acceptable to delete as there are no deductibles when a contractor and/or vendor is self-insured. Therefore, this requirement deletion is only applicable to self-insured vendors. Please acknowledge receipt of the Addendum in your bid submittal on Exhibit 1-Q, Contract Signature Page. Failure to acknowledge this Addendum may result in your bid being determined nonresponsive. James Barker Department Head Construction & Facilities Maintenance Procurement JB/pp