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547 W. Jackson Boulevard, Chicago, IL 60661 312-322-6900 metraraii.com

October 8, 2019

Metra Request For Proposal (RFP) 37383New Push-Pull Commuter Rail CarsAddendum No.6, dated Octobers, 2019

Dear Sir/Madam:

This Addendum No. 6 is being issued to correct, amend, add and/or delete certain words, phrases,sentences, or paragraphs in Metra's RFP 37383.

Addendum No. 6 consists of:

1) Questions received and responses from our agency.2) Attachment A, General Arrangement of Cab Cars (Ref. question #249)3) Revision to Contract Documents, Part 2, Special Conditions, Section 2.9, Price Schedule,

Page 2-15.

4) Extending the Proposal Due Date.

The proposal due date has been chanoed From: Friday, October 25, 2019 © 4:00 P.M. (LPT),To: Friday. November 8. 201 9 Q> 4:00 P.M. (LPT).

Prospective proposers shall acknowledge receipt of each individual addendum in their proposals onthe Proposal Form Provided in Exhibit II. Failure to acknowledge in their proposals receipt of addendamay, at Metra's sole option, disqualify the Proposal.

Sincerely,

^s^-^ <^/^—James Barker, Department HeadConstruction and Facilities Maintenance ProcurementJO

Exhibit I

PRE-PROPOSAL REQUEST FOR CHANGE OR APPROVED EQUAL (RFA)

This form must be used for pre-proposal requested clarifications, changes, substitutes or approval of items equal to items specified with a brand name, and must be received no later than the time specified for Questions due/Pre-proposal Request for Change or Approved Equal (RFA) due in IV. Proposed Schedule for the Procurement.

RFP No. 37383 Proposer: Proposer’s Request #:236

Document and Page(s): RFP page 11 Section: XVI. Preparation of Proposals

XVI.1 Proposal Format – Package 1

Question/Clarification/Approved Equal: In the package 1 Eligibility and Certification Requirements Package, there is a request for a DBE Approval Certification. Could you please provide more detail on that certification as there were no other details in the RFP document.

Metra’s Response: DBE Approval Certification is not required for RFP 37383.

Addendum No. 6 Issued 10/8/19


Document and Page(s): RFP page 1-20 Section: 1.13.1 Intellectual Property Indemnification

Question/Clarification/Approved Equal: GC 1.13.1 requires indemnification by the Contractor of direct or indirect damages related to intellectual property infringement. According to such GC 1.13.1, the Contractor is responsible for indirect damages, which is against common practice in the industry and presents inordinate risk to the Contractor. Therefore, the Contractor proposes that any liability under the Contract, including for intellectual property infringement, shall not encompass indirect, consequential, incidental, or special damages of any kind (including loss of profit or revenue). Please modify GC 1.13.1 accordingly.

Metra’s Response: This issue will be addressed with the successful proposer at the time of negotiation.



Document and Page(s): RFP page 1-20 Section: 1.13.1 Intellectual Property Indemnification

Question/Clarification/Approved Equal: GC 1.13.1 requires the Contractor to indemnify Metra for intellectual property infringement. Although, as the manufacturer of the product, the Contractor accepts full responsibility for any claims arising from an infringement of third party's IP rights, the Contractor needs to limit its risk by ensuring certain minimal conditions such as that the infringement is not due to modifications made by Metra. The Contractor further needs to ensure that there is an "actual infringement" and not an unfounded infringement claim. Therefore, please add "based on an actual infringement as determined by the court" after "provided by the Contractor under this Agreement". Additionally, in accordance with industry practice, such indemnification obligation should be provided that the following conditions are met: 1. Metra immediately notifies the Contractor of any claim or threat of action made against Metra; and 2. Metra has not made and will not make any admission with respect to the infringement, since this might be prejudicial to the defence against such claim or action; and 3. Metra permits the Contractor at Contractor’s own expense to take sole control and conduct any ensuing litigation and all negotiations for a settlement of the claim; and 4. The infringement is not due to any modifications, additions or misuse (non-allowed use) (i) made by the Contractor on Metra’s request or specifications or (ii) made by Metra or any third party without the prior consent of the Contractor. Please modify GC 13.1. accordingly, particularly the last sentence referring to holding the Contractor harmless. Metra’s Response: This issue will be addressed with the successful proposer at the time of negotiation.



Document and Page(s): RFP page 1-35 Section: 2.7 Warranty and Reliability

2.7.1 General Warranties

Question/Clarification/Approved Equal: SC 2.7.1.c and SC 2.7.1.d provide that the Contractor shall warrant all cars to be fit for their particular purpose and fit for the ordinary purpose for which such cars are used. Contractor can warranty that the cars will conform to the Technical Specifications. However, we ask Metra to modify SC 2.7 to exclude any fitness for purpose obligation in accordance with industry practice. The Contractor should be able to rely upon the scope of warranty expressly set out in the Contract so that it may establish its costs. Accordingly, the express warranties contained in the Contract should be in lieu of all other warranties and conditions, express or implied, including all legal and statutory warranties, all warranties arising at law, and warranties of merchantability and fitness for a particular purpose, and should serve in lieu of all other statements or representations made by or on behalf of the Contractor that are not contained in the Contract. A sentence should be added to the Contract Documents in order to expressly exclude the implied warranties. Such sentence should read as follows: "The warranties, guaranties, obligations and liabilities of the contractor set forth in this Contract are expressly in lieu of any other warranty, express or implied, including any implied warranty of merchantability and fitness for a particular purpose, and of any obligation or liability on the part of the contractor."






Question/Clarification/Approved Equal: SC 2.7.1.2) states that all Cars "shall be, remain and perform free of any and all deficiencies". We assume that such deficiencies are limited to defect of the design, material, or workmanship. Please confirm.

Metra’s Response: Confirmed; Deficiencies are limited to defect of design, material or workmanship.





Question/Clarification/Approved Equal: According to industry practice, the Contractor cannot warrant defects or events beyond its control. The Contractor should be able to rely upon the scope of warranty expressly set out in the Contract so that it may establish its costs accordingly. As such, we propose addition of the following paragraph in SC 2.7. This will allow the Contractor to secure back-to-back commitments from its suppliers: "Nothing in this Contract intends or implies that these warranties shall apply to work which has been not maintained or abused or neglected by Metra or caused by Metra's or third parties' modification to the goods or services provided by the Contractor, or the overhaul/remanufacture thereof by a party other than the Contractor. Such warranties further do not apply to damages caused by third parties or by force majeure, wear and tear (including bad track conditions/infrastructure) or improper operation, infrastructure, storage, maintenance or repair by Metra or third parties."




Document and Page(s): RFP page 1-43 Section: 2.8.3 Delayed Warranty Response of Effective Corrective Action

Question/Clarification/Approved Equal: SC 2.8.3 stipulates that "there is no cap or maximum on the amount of liquidated damages under this provision" We proposed to add an aggregate cap for all liquidated damages under the Contract. In accordance with the practice of the industry, liquidated damages shall be an assessment of the damages suffered by Metra and accordingly, they shall be the sole and exclusive remedies. The provision of a total cap is also fairly standard in the industry. We believe the Contractor shall not be exposed to jeopardy of cumulative liabilities and that a 20% cap should apply jointly to any liquidated damages assessed under the Contract. This would allow Contractor to better establish its exposure, while still maintaining significant protection to Metra. Therefore, could you please add the following text as SC 2.8.5: "The liquidated damages contemplated in the General Conditions and in the Special Conditions shall be the sole and exclusive remedy for the default they address. There shall be an aggregate annual cap on all liquidated damages assessed equal to twenty percent (20 %) of the Total Contract Price".




Document and Page(s):1-49 Section: 2.9.6 Milestone Payment Schedule

Question/Clarification/Approved Equal: Could you please confirm that the cumulative percentage for line B.1 in table 2.9.6 should read 50 instead of 100? Could you please have SC 2.9.6. items A, B, C, D and E reflected in the price table under SC 2.9.4 before the Car Option Items line? Would Metra consider altering the SC 2.9.4. price form to separate the base order and the option order? Additionally, could you please detail the base order quantity and option quantity in the price form for each of the three car configurations?

Metra’s Response: Question 1: Correct Question 2: Done in Addendum 5 Question 3: No. Question 4: No.



Document and Page(s): RFP page 1-37 Section:2.7.3 Time Periods of the Warranties

Question/Clarification/Approved Equal: SC 2.7.3 states the warranty period will commence on Conditional Acceptance unless there are Open Items, in which event the warranty period for each car shall not commence until all open items are corrected to Metra’s satisfaction. Since Metra will put the car into revenue service after their Conditional Acceptance, it is customary to start the warranty on the car at that time and to have another warranty start date for open items. In accordance with industry standards and for the Contractor to provide Metra with the most competitive price, the warranty period for each car or any part or any subsystem shall start at Conditional Acceptance except for any open items in which case the warranty period for such open items only shall start at the time of their acceptance by Metra. Could you please modify SC 2.7.3. accordingly?




Document and Page(s): RFP page 1-31 Section: 2.2 Payment and Performance Bonds

Question/Clarification/Approved Equal: SC 2.2. states that "Unless otherwise agreed, the bonds shall be continuously in effect until completion of all of Contractor’s obligations." Could you please confirm that the expiration of the bonds is upon expiry of 3 year basic warranty period under the Contract as per industry standards? Otherwise, the Contractor has a design life obligation of 40 years and therefore, it would not be advantageous for Metra to pay 2 bonds for such a 40 year duration, particularly when all warranty periods have expired.

Metra’s Response: This point is negotiable.



Document and Page(s): RFP page 1-42 Section: 2.7.12 Warranties of the Corrected Components

Question/Clarification/Approved Equal: SC 2.7.12 provides for a warranty on repairs of either one year or the remainder of the original warranty, whichever ends latest, on the whole corrected component. We propose that in order to conform with industry practice, the warranty on corrected items be limited to the specific part or item of the component which is actually repaired. Since so many parts are interrelated in a component, to require the extension of warranties or the whole component would extend warranties on parts which have no defects. Kindly modify SC 2.7.12 so that the warranty on corrected components is limited to the specific repaired item and not to the whole component.




Document and Page(s): RFP page 1-56 Section: 3.13 Copyright and Rights in data

Question/Clarification/Approved Equal: SC 3.13 indicates that the Contractor performing experimental, developmental, or research work required by the Contract "agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained".. The Contractor is concerned, for example, with some sensitive confidential engineering drawings to be provided to Metra and which should not become public or available to the competition. Please confirm that the work required by the RFP does not involve "experimental, developmental or research work" and that therefore SC 3.13 does not apply to the Contract.

Metra’s Response:

Metra cannot waive or modify FTA regulations.



Document and Page(s): Technical Specification, page 4 of 150

Section: 1.1 General Requirements 1.1.1

Question/Clarification/Approved Equal: Please provide the average speed and the annual mileage of the trains on the BNSF line.

Metra’s Response: Metra cannot give an average speed or average mileage per day. However, depending on the route(s) and lines that the car may run on, Metra estimates that a typical car may run between 4000-5500 miles per month on average.





Question/Clarification/Approved Equal: Metra requests that the "cars shall be constructed so that they may be, in emergency situations, coupled to other conventional passenger cars". However the dimensions of the end of the conventional cars are not provided. Please provide sketches showing the dimensions of the conventional car ends with installed equipments so that operating clearance with the proposed cars could be verified.

Metra’s Response: General arrangement drawings for Nippon cab and trailer cars will be attached to this addendum.





Question/Clarification/Approved Equal: METRA states in the Technical Specification section 4.1.1 that: The cars are to be operated in trains of from one to twelve cars. Please confirm that this 12-car train is 1 Cab, 10 trailers and 1 locomotive. Please provide the usual train length (number of cars) for each METRA line.

Metra’s Response: A 12 car train would be one locomotive, 11 trailer cars and one cab car. There is no usual length of train. A majority of Metra trains are between five and ten cars in length, car lengths do not include a locomotive. Metra trains currently range from 3 cars, not including locomotive, at the shortest length to 11 cars at the longest.




Section: 3.2 Clearances

3.2.2

Question/Clarification/Approved Equal: Metra requests that the proposed cars " shall conform to the clearance outlined in Metra drawing M-544 as well as the clearance outlines for the following carriers within Metra's jurisdiction" Could Metra provide the specified clearance outlines for the listed carriers so that the conformance of the proposed cars to the clearance outlines could be evaluated.

Metra’s Response: Metra technical specification M-18-011, Revision C states: “It is the responsibility of the Contractor to obtain current copies of the clearance outlines from these railroads.”


RFP No. 37383 Proposer: Proposer’s Request #: 252


Section:10.4 Exterior Lighting

10.4.7

Question/Clarification/Approved Equal: METRA request "On the control end of cab cars only, a single oscillating light, or LED light that can follow an oscillating pattern, shall be located in the vicinity of the headlight." Would METRA accept that ditch lights flashing with alternate pattern be used as an alternative to the single oscillating light?

Metra’s Response: No.




Section: 12 Communication Systems

12.1.6

Question/Clarification/Approved Equal: Metra requests 'The communications system shall be 100% compatible with Metra’s ACORN (Automated Communications and Onboard Reporting Network) in terms of interfaces, transmission, and receiving of messages, signals, and data.' Please provide detailed technical information on Metra's ACORN such as network interfaces, block diagrams, functionality, input/output, and other relevant information

Metra’s Response: The Technical and Functional requirements of ACORN were attached as Appendix G in Addendum 5. The contract for ACORN was awarded to Clever Devices Ltd. If necessary and after contract award of RFP 37383, Metra can assist in discussions between the contractor and Clever Devices. Fully-documented Interface Control Documents are not available at this time.



Document and Page(s): Technical Specification, page 71 of 150 Section: 13.8 Back-up Feature

Question/Clarification/Approved Equal: METRA requests that a back-up pipe and valve be provided in the cab car control station. Please clarify the functionality of the back-up pipe and valve.

Metra’s Response: The C-1 back-up valve is located on the exterior wall above the B-end platform of each cab car. The valve is opened by rotating the valve handle to initiate a manually-controlled brake pipe reduction and resultant brake application (e.g., when the train is backing into a station). The valve includes a whistle that sounds when the pushbutton is pressed. Drawing can be provided after NTP is issued.




Section: 18.16 Fire Safety

18.16.8

Question/Clarification/Approved Equal: METRA requests materials to comply with toxicity limits (8 gases) listed in Bombardier SMP 800-C. Typically, rail authorities in the US require compliance with toxicity limits for the following 6 gases (limits indicated are per NASFM (2008) recommendations): HCN ≤ 150 ppm CO ≤ 3500 ppm NO/NO2 ≤ 100 ppm SO2 ≤ 100 ppm HF ≤ 200 ppm HCL ≤ 500 ppm Would METRA accept to follow the approach commonly used in the industry?

Metra’s Response: No.




Section: 3. Dimensions and Clearances

3.2.2

Question/Clarification/Approved Equal: Metra requests that "the cars, and all appliances, shall conform to the clearance outlined in Metra drawing M-544." In reference to this drawing, could Metra define the terms "Max Truck Clearance Arc" and "Max Construction Outline"? These labels seem to point to different outlines on the right and the left view; could Metra indicate which outline is the one that should be identified with these terms? As well, clearance outlines typically imply some allowed dynamic movements and specify a track configuration; neither are indicated on this drawing. Could Metra provide the following information to be considered for this clearance outline, if applicable: minimum horizontal curve radius, minimum vertical curve radius, maximum superelevation, allowed carbody lateral movement, and truck center distance.

Metra’s Response: The labels point to the same outline at the bottom and on the sides. This outline is to clarify the maximum dimensions that can be allowed by Metra. At this time Metra does not have any information on the dynamic clearances. Metra’s existing cars have 50’-6” truck center distance with wheel base 8’-6”.



Document and Page(s): N/A Section: N/A

Question/Clarification/Approved Equal: The Contract is silent on the maximum liability applicable to the Contractor. Consequently, the Contractor's current liability under the Contract is unlimited, presenting inordinate risk to the Contractor. In accordance with industry practice, any liability of Contractor shall not surpass 100% of the Total Contract Price. This would provide an equitable balance between the risks to Contractor and the intended benefit to Metra. We propose that the following Section be inserted in the Contract: "Notwithstanding anything to the contrary contained in the Contract, the aggregate liability of the Contractor for all damages arising in connection with the Contract and/or termination of the Agreement in whole or in part, for any reason, shall not exceed one hundred percent (100%) of the Total Contract Price."




Document and Page(s): N/A Section: N/A

Question/Clarification/Approved Equal: Contractor's current liability under the Contract regarding consequential and indirect damages is unlimited, presenting inordinate risk to the Contractor. Therefore, we propose that any liability of the Contractor shall not encompass indirect, consequential, incidental or special damages of any kind (including loss of profit and revenues) as it is common practice in the industry. We propose that the following Section be inserted in the Contract: In no event shall the Contractor be liable to Metra and/or the Indemnitees for any indirect, special, incidental or consequential damages, including liability for loss of investment, profit, revenue, return, use, operating time, business interruption or otherwise, resulting from, or arising out of, performance of the Work or breach of the Contract".



Exhibit I




Document and Page(s): RFP page 1-43 Section: 2.8 Liquidated Damages

2.8.2 Removal from Service

Question/Clarification/Approved Equal: SC 2.8.2 provides for liquidated damages of 500$ per car per day for all cars removed from service. First, the Contractor cannot be held liable for cars removed from service for causes not arising from the Contractor's act. Therefore, kindly specify that the LDs apply to cars removed from service due to Contractor's non-compliance with the Contract requirements. Additionally, the basis for the imposition of liquidated damages is that the damages suffered by Metra in the event the cars are removed from service because of the Contractor's non-compliance with the Contract requirements would be difficult, if not impossible, to ascertain. Therefore, the practice in the industry is for the parties to agree to reasonably establish such damages at a predetermined amount. In light of this basis for the imposition of liquidated damages, we request that the liquidated damages be the sole and exclusive remedy for breach of SC 2.7.6 as by their very nature they are intended to reasonably represent all losses suffered by Metra. Further, in order not to expose the Contractor to potentially limitless liability in the performance of this Contract, and to strike a balance between the benefit offered to Metra and the risks assumed by the Contractor, we suggest that said liquidated damages be capped at 10% of the Total Contract Price. This cap is fairly standard in the industry, and it permits the Contractor to better establish its exposure, while still maintaining significant protection to Metra. We believe that it creates an equitable balance between the intended benefit to Metra and the burden of risk on the Contractor. Kindly modify SC 2.8.2 accordingly. Metra’s Response: No. Metra will not modify the language in Special Conditions 2.8.3, however this may be discussed in negotiations with the successful proposer.



Document and Page(s): RFP page 1-49 Section: 2.9 Price Schedule

2.9.6 Milestone Payment Schedule

Question/Clarification/Approved Equal: SC 2.9.6 refers to "Reimbursement of actual Metra approved surety costs" as a payment milestone. Could you please explain when and how this milestone applies considering it is indicated as not applicable?

Metra’s Response: It is not applicable.



Document and Page(s): Section: 2.9 Price Schedule

2.9.5 Financing Question/Clarification/Approved Equal: Can METRA confirm if the financing requested from the bidders is for (i) the base 200 cars or (ii) the 200 cars in option or (iii) 200 base cars plus 200 option cars? If for the former, is financing aimed to complement the approved FTA funding for the base order and if so, could Metra specify what % this might represent? Can METRA confirm whether it is open to different financing tenors (e.g. 10 to 15 years amortization) or is strictly interested in a 20 year tenor? Will Metra pay interest “during manufacturing” (i.e. until the repayment of the last car starts) or does Metra have a preference for such interest to be capitalized during the manufacturing period?

Metra’s Response:

Metra requests indicative financing to be offered on both the base 200 cars and the 200 cars in the option. Metra understands that financing cannot be offered at a fixed rate and that terms would have to be offered as a function of some other applicable index such as a US Treasury rate, or other publicly available measure of financing costs. Metra would like the option of financing differing amounts of cars. For example Metra may elect to pay cash for the first 100 cars and then finance the second 100. Or some other combination. Obviously with appropriate notice given. Metra is open to examining financing terms of any length proposers choose to offer from five to thirty years. Metra would assume interest and payments would begin upon the acceptance of a particular car. Or the acceptance of all cars delivered in a particular week or month. So the financing could contain many tranches depending upon the delivery schedule.




2.7.3 Time Periods of the Warranties

Question/Clarification/Approved Equal: SC 2.7.3 states "The warranty for spare parts shall be for the lesser of three (3) years after delivery of the parts or two (2) years after the part is put into service, unless the part is a component or part thereof to which an Extended Warranty defined by this Section". Please clarify what is the required warranty on spare parts for parts that are a component to which an extended warranty applies? For example, what is the required warranty on spares for door panels and floor materials?

Metra’s Response: For extended warranty spare parts, the warranty for spare parts shall be the original extended warranty period or two years after the part is put into service if less than two years exists on the original extended warranty period.



Document and Page(s): RFP page 1-45

Section: 2.9 Price Schedule

2.9.1 Generally

Question/Clarification/Approved Equal: Section 2.9.1 PRICE SCHEDULE Generally - states that a price adjustment will be allowed for Cars ordered in years 2 through 5 based on the Producer Price Index for Railroad rolling stock manufacturing, published by the United States Department of Labor’s Bureau of Labor Statistics (Series ID: PCU3365103365102Z; Base Date: 198406). Please confirm that the Producer Price Index is number PCU336510336510 considering PCU3365103365102Z became obsolete in 2017.

Metra’s Response:

Yes, the Producer Price Index Number is PCU336510336510. Section 2.9.2 will be amended to reflect this.



Document and Page(s): RFP page 1-34 Section: 2.5 Delivery and Acceptance

2.5.6 Final Acceptance

Question/Clarification/Approved Equal: SC 2.5.6 indicates that Final Acceptance will be issued when the vehicle is ready to be released for general revenue service. Please advise what does “general revenue service” means as opposed to “supervised revenue service” under SC 2.5.5?

Metra’s Response: General revenue service means the car is operating in Metra revenue service fully compliant with the Contract. Supervised revenue service means the car is operating in Metra revenue service with Open Items that may require a Mechanical rider at Metra’s discretion.



Document and Page(s): RFP page 1-49 Section: 2.9 Price Schedule

2.9.6 Milestone Payment Schedule Question/Clarification/Approved Equal: SC 2.9.6 provides for payment milestone “E6/D6” based on Final Acceptance. Please confirm that Metra means Final Acceptance of each car and not Final Acceptance of all work completed under the contract as such term is defined in GC 1.1.

Metra’s Response: E6/D6 refers to Final Acceptance of all work completed under the contract as such term is define in GC 1.1, including all tasks stated in E6/D6.



Document and Page(s): Technical Specification, page 84 of 150 Section: 15.9.2 Controls

Question/Clarification/Approved Equal: Please clarify the Door Mode function. Please clarify the function of Ground Relay. Please clarify if Wheel Slip Indicator shall be car-based or trainlined for entire train. Please clarify if Lift Deployed Light Indicator shall be car-based only or trainlined. Please clarify if Lift Override Light and Control shall be car-based only or trainlined. Please clarify if Battery Charger Light Indicator shall be car-based only or trainlined.

Metra’s Response: Door Mode function: Signal that informs operator of door condition (open/close) in consist Ground Relay function: Signal that informs operator of a ground relay condition in locomotive Wheel Slip Indicator shall be trainlined Lift Deployed Light Indicator shall be trainlined Lift Override Light and Control shall be trainlined Battery Charger Light Indicator shall be either car-based or trainlined, based off of lead cab car battery and battery charger conditions



Document and Page(s): RFP page 14 Section: XVI. Preparation of Proposals

XVI.1 Proposal Format

Question/Clarification/Approved Equal:

Could Metra please clarify what its expectations are for g. section 7? The contractor believes that by providing a proposal that complies with the requirements for section 1 of the Technical Proposal (Package 2), it is effectively specifying the cars it will deliver (thus fulfilling the requirement for a “Detailed Car Specification” as required for section 7). Furthermore, the contractor believes that by complying with the requirements set forth in the remaining sections of the Technical Proposal (i.e. sections 2 through 6 inclusive), it is effectively specifying the work it will perform (thus fulfilling the requirement for a “Detailed Statement of Work” as required for section 7).

Metra’s Response: XVI.1 Proposal Format / Package 2: Technical Proposal Package Requirements / g. Section 7 refers to the car specification of the car being proposed by the proposer. Metra Specification M-18-011 can be used as a baseline where any deviations of changes should be documented for the specific vehicle the proposer is proposing.


EXHIBIT I


This form must be used for pre-proposal requested clarifications, changes, substitutes or approval of items equal to items specified with a brand name and must be received no later than the time specified for Questions due/Pre-Proposal Request for Change or Approved Equal (RFA) due in IV. Proposal Schedule for the Procurement.

RFP No. 37383 Proposer: Proposer Request # 268

Document and Page(s): General Conditions, pages 49 to 54

Special Conditions, pages 2-15 to 2-21

Section:

Question/Clarification/Approved Equal: Article 2.9 PRICE SCHEDULE is found in two places in Addendum 3: General Conditions, pages 49 to 54 Special Conditions, pages 2-15 to 2-21 Please confirm that the Price Schedule of Special Conditions is the one to be used. (It includes the price forms for VRE.) Also, could Metra please provide an Excel version of these price forms.

Metra’s Response: -Refer to Addendum No. 5, Issued 9/24/19, Contract Documents, Special Conditions, Section 2.9, Price Schedule. -Metra does not provide Excel versions of proposal documents.


EXHIBIT I




Document and Page(s): Section:


Will or would Metra consider including removal, abatement and disposal of retired rail cars as part of the current rail car procurement RFP 37383?

Metra’s Response: No. This will be handled separately .


Exhibit I

RFP No. 37383 Proposer: CRRC Proposer’s Request #: 270

Document and Page(s): 43 of 160 of M-18-011, Rev. B

Section: 9.3.7


TS 9.3.7 states “The size of these filters shall be 2" x 16" x 20".”

The HVAC unit will be redesigned for the new Metra cars. To optimize the performance of the new HVAC, we propose that the filter size to be determined during the design stage.

Metra’s Response:

Metra agrees to this change.



This form must be used for pre-proposal requested clarifications, changes, substitutes or approval of items equal to items specified with a brand name, and must be received no later than the time specified for Questions due/Pre-proposal Request for Change or Approved Equal (RFA) due in

IV. Proposed Schedule for the Procurement.

RFP No. 37383 Proposer: CRRC Proposer’s Request #: 271


Section: 9.4.1


TS 9.4.1 requires “Each occupied area of the car supplied by the HVAC units shall be arranged such that conditioned air will be evenly distributed to all areas in the event of a failure of one of the HVAC units.”

We suggest that the subject TS section be changed to read as follows:

“Each occupied area of the car supplied by the HVAC units shall be arranged such that conditioned air will be evenly distributed to all areas in the event of a failure of one of the HVAC units.”

Justification:

Our design for the new bi-level car requires complex air duct system. The air duct system is constrained by the limited space inside the car. In normal operation conditions, the conditioned air will be evenly distributed. In order to achieve “HVAC units shall be arranged such that conditioned air will be evenly distributed to all areas in the event of a failure of one of the HVAC units”, the air ducts will need to take much more space, which would reduce the space available for other accommodations. Metra’s Response:

Proposer can submit HVAC design as a specification deviation.


EXHIBIT I





Question/Clarification/Approved Equal: TS 5.1.5.2: "Each wall of the stairwell shall be equipped with an appropriately angled handrail."

We suggest the subject TS sections be changed to read as follows:

"Each wall of the stairwell shall be equipped with an appropriately angled

handrail." Justification:

We plan to use one stairwell wall to install lockers, with the handrail installed on the other stairway wall. Ifthe handrails must be installed on both walls, the size of the lockers will be significantly reduced.

Metra’s Response: Proposer can submit handrail design as a specification deviation.


EXHIBIT I






8.3.5.5 A seat reservation system that will give status of train seats though an LED lighting system such as free, reserved, or occupied. We would like Metra to clarify the following: 1. Does Metra require the Contractor to supply the entire seat reservation system in its entirety, like an airline reservation system, by which the customers can know whether a seat is available to be selected? Or, 2. The Contractor is only required to provide an on-board LED lighting system (such as a display screen) to give the status of each and all seats (free, reserved, or occupied), as well as the methodology to connect these LED lights? Metra's Metra’s Response: Q1) No. Q2) Correct


Exhibit



Section:11.3.3


“The tolerance on output voltage and current output is ±0.5%.”

It is our opinion that the tolerances appear to be too tight for the application. We recommend a

tolerance of ±2% static regulation at full scale. Please let us know if our recommended tolerance

is acceptable.

Metra’s Response:

Section 11.3.3 The tolerance is acceptable. This was changed in Metra Specification M-18-011, Revision C. See Section 11.3.3


EXHIBIT I




Document and Page(s):

Section: 14.1

Metra’s Response: Clarifications: -No. Specification is for axle mounted disc brakes mounted outboard of the wheel. -No. See above. -This is dependent upon car builder’s design. Per Metra spec section 14.1 the disc brake shall be mounted on the axle, outboard of the wheel and this will allow Metra easier access for maintenance and inspection. Car builder shall be responsible to design the outboard location on axle that falls within the clearance outline per Metra drawing M-544 listed in section 3.1.2


EXHIBIT I


Exhibit I



RFP No. 224 Proposer: Proposer’s Request #:



Metra’s Response:

4, para. 6.1.3, 6.1.5M-18-011 / Pg.20

6.1.3 The couplers shall be type "H" tightlock, short shank, grade C high tensile steel coupler. - - - Current "H" tightlock, short shank couplers manufactured by Amsted Rail to industry standards are processed producing grade E high tensile steel. Please accept grade E high tensile steel

6.1.5 Yoke material shall be grade C steel per AAR Specification M-211. Wear plates shall be applied to the upper and lower yoke straps. The wear plates shall be constructed of type 304L stainless steel with stiffeners applied as appropriate.- Current yokes manufactured by Amsted Rail to industry standards are processed producing grade E high tensile steel. - Wear Plates are not applied to the upper and lower yoke straps; wear plates are not required due to the improved mechanical properties of the grade E v. grade C steel

Grade E high tensile steel is superior in strenght and hardness to grade C, thereby eliminating the requirement for wear plates applied to upper and lower yoke straps.

Reference industry standards, latest revisions : AAR M-211, para. 2.7 AAR M-201, APTA PR-M-RP-003-98

276

Metra specification M-18-011 Revision C allowed for Grade E high tensile steel. Metra wil not agree to eliminate wear plates. However, changes to the design can bediscussed with the awarded carbuilder during design review.


Exhibit I



RFP No. 224 Proposer: Proposer’s Request #:



Metra’s Response:

4. All deductibles applicable to the insurance coverage shall be borne by thecontractor/vendor. The certificate of insurance shall clearly state how defense costs,also known as “allocated loss adjustment expenses,” shall apply in terms of thedeductible and the insurance limits. Self-insurance reserve programs are prohibited,unless approved by Metra’s Risk Management Department or VRE’s ContractingOfficer.5. All Subcontractors retained or hired for the Work shall be required to maintain limitsand term equivalent to those required of the prime contractor.

1.21.1

1. Are self-insurance reserve programs permitted for subcontractors (not prime contractor/carbuilder) ?

2. Understood that subcontractors retained shall be required to maintain limits equivalent to thoseof the prime contractor. Please define the ..."term equivalent" .....

General Conditionspg. 33

l 277

1) Self-insured programs apply only to the contractor2) Equal in value of those of the prime contractor.

Note: it is the responsibility of the prime to make sure all subs comply with Metra’s insurance requirements.


FPascazio

Highlight

FPascazio

Highlight

Exhibit I


This form must be used for pre-proposal requested clarifications, changes, substitutes or approval

of items equal to items specified with a brand name, and must be received no later than the time

specified for Questions due/Pre-proposal Request for Change or Approved Equal (RFA) due in


RFP No. 224 Proposer: Proposer's Request #: 278

Document and Page(s): Addendum 3

Instructions to proposes pages 3;

Section: Instructions to Proposers Section I


Title/Description of Work Paragraph 1 states “Each agency (Metra and VRE) anticipates

awarding its own individual fixed price contract with economic price adjustment (FP-EPA), in

accordance with the terms, conditions, and guidelines set forth herein.”

Please advise whether this contract will be awarded as a single contract with both the VRE and

Metra requirements awarded together, or if contracts will be awarded as separately negotiated

contract awarded by Metra and by VRE, respectively?

Could either of the contracts not be awarded?

Also, please confirm whether if there are two separate contract awards for Metra / VRE

requirements, if these requirements could be awarded to more than one carbuilder?

Metra's Response:

If awarded, contracts will be awarded seperately by Metra and VRE.

Yes. It is possible that neither authority will award a contract.

No. Contracts will not be awarded to more than one carbuilder.


Exhibit I






RFP No. 224 Proposer: Proposer's Request #:

Document and Page(s): Appendix A Drawing

List and Drawings

Section: Appendix A


The following list of Drawings have been provided with the drawing number and/or other

drawing information unable to be viewed due to the image being cut off or too large for the

page.

M-255

M-271

M-272

M-281

M-282

M-286

M-307

M-310

M-397

M-524

M-532

M-537

M-544

M-551

M-599

M-1186

Please provide a complete version of these drawings with all information being visible.

279

Page 1 of 2


Metra's Response:

M-255 was not a drawing to be provided. The original RFP gave all drawings with allintended information on the page. Any issue with teh drawing being cut off was due to other computer related issues outside of Metra and not with the RFP documentation provided in the original RFP.

Page 2 of 2


Exhibit I






RFP No. 224 Proposer: Proposer's Request #: 280

Document and Page(s): Addendum 3 M-18-

011 Section 4, page 14 of 160

Section: 3.1.2, 3.1.3, and 3.2.2


Section 3.1.2 states “Width of Car: Not to exceed Amtrak Clearance Diagram B-066-0050 Rev.

C.”

Section 3.1.3 states “Height of Car: Not to exceed Amtrak Clearance Diagram B-066-0050 Rev.

C.

Section 3.2.2 stats “The cars, and all appliances, shall conform to the clearance outlined in

Amtrak B-066-0050 Rev. C as well as clearance outlines for the for the following carriers

within VRE’s Jurisdiction”

Amtrak Clearance Diagram B-066-0050 Rev C was not provided with Addendum 3. Please

provide Amtrak Drawing B-066-0050 Rev C.

Metra's Response:

Section 3.2.2 of Metra Specification M-18-011 Revision C states: "It is the responsibility of the contractor to obtain current copies of the clearance outlines from these railroads. The clearance diagram for the car shall be submitted to the contracting authority for review and approval."

Addendum No. 6Issued 10/8/19

A01-001_A0138B08915G.dgn 10/28/2013 10:27:48 AM

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Addendum No. 6Issued 10/8/19

2.9 PRICE SCHEDULE

2.9.1 Generally

Addendum. No. 6 Issued 10/8/19

Pricing includes design, manufacture, construction, fabrication, assembly, delivery, and all associated costs. No additional costs will be allowed, except for actual performance and payment bond costs. Price will be fixed for the base order of the contract. A price adjustment will be allowed for Cars ordered in years 2 through 5 based on the Producer Price Index for Railroad rolling stock manufacturing, published by the United States Department of Labor's Bureau of Labor Statistics (Series ID: PCU336510336510).

The proposed unit price and the index value for the month and year of the date proposals are received will serve as the Base Index Value to determine the unit pricing for the Cars released in years 2 through 5. The Current Published Index Value will be the index value for the month and year of the date an option order is received. The unit pricing will be adjusted in accordance with the following example equation.

For Example: If the current published Index Value is 122.5, the Base Index Value is 122.1, and the base unit price is $1,000,000, then the release order unit price would be:

122.5/122.1 x $1,000,000.00 = $1,003,276.00

which represents a 0.3276% increase.

2.9.2 Base Index

2.9.3 Unit Pricing

The pricing table below must be completed in its entirety. Incomplete pricing proposals may be rejected. Actual quantities will consist of the base order, plus any options ordered.

2-15

Producer Price Index for Railroad Rolling Stock Manufacturing; Cars, new and rebuilt, including parts; (Series ID: PCU336510336510).

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