TABLE OF CONTENTS - METRO STAR · Web viewNumber of Wheels: 2 (other 6 wheels utilize 305/70R22.5...

IFB 4017000243 Contract No. ______________

-7 MANDATORY REQUEST FOR APPROVAL (RFA FORM)

(NOTE: See next page for instructions on the use of this form)

SOLICITATION NO. 4014000243

MANUFACTURER BRIDGESTONE REPRESENTATIVE BRYANT DAVIS

MRFA NO. 1 DATE AUGUST 31 ST , 2017

SECTION 7

PAGE NO. XX PARAGRAPH NO. 1

MANUFACTURER'S REQUEST:

Projected schedule with DBE service techs.

# EMPL. TITLE Facility Nights Days WORK DAYS1 BUS TIRE SVC FALLBROOK 7AM-3:00PM MON-FRI2 BUS TIRE SVC FALLBROOK 9PM-5:00AM MON-FRI3 BUS TIRE SVC FALLBROOK 11PM-7:30AM SUN-THURS4 BUS TIRE SVC HIRAM CLARKE 7AM-3:00PM MON-FRI5 BUS TIRE SVC HIRAM CLARKE 9PM-5:00AM MON-FRI6 BUS TIRE SVC HIRAM CLARKE 11PM-7:30AM SUN-THURS7 TEAM LEAD KASHMERE 7AM-3:00PM MON-FRI8 BUS TIRE SVC KASHMERE 7AM-3:00PM MON-FRI9 BUS TIRE SVC KASHMERE 9PM-5:00AM MON-FRI

10 BUS TIRE SVC KASHMERE 11PM-7:30AM SUN-THURS

11 TEAM LEAD POLK 9PM-5:00AM SUN,-TUES----FRI-SAT.

12 BUS TIRE SVC POLK 7AM-3:00PM MON-FRI13 BUS TIRE SVC POLK 9PM-5:00AM SUN-THURS14 BUS TIRE SVC FLOATER 9PM-5:00AM TUES-SAT15 BUS TIRE SVC WEST 7AM-3:00PM MON-FRI16 BUS TIRE SVC WEST 9PM-5:00AM MON-FRI17 BUS TIRE SVC WEST 9PM-5:00AM SUN-THURS18 BUS TIRE SVC FLOATER 9PM-5:00AM MON-FRI

METRO'S RESPONSE:

APPROVED DENIED X

APPROVED AS MODIFIED

COMMENTS: “3.3.1 The Contractor shall identify both supervisory contact persons for daily management of this contract. These

contact persons shall be employed by the Contractor (not the Sub-Contractor). Contractor is to have 2 full time supervisors. One

supervisor is to operate the day shift and one supervisor is to operate the night shift.”

WEST BOF and Fallbrook BOF show no Saturday coverage with Service Techs.

APPROVED BY: DATE:Andrei Dragomir 9/15/2017Project Manager

7 MANDATORY REQUEST FOR APPROVAL (RFA FORM)





SECTION 7



The Contractor shall provide METRO with the average tire mileage for each specific type of tire in METRO’s fleet shall submit this work plan as a Mandatory Request for Approval (See Exhibit “A” – Section 3.8).

Bridgestone submits following original tire average based on our previous leased tires delivered to METRO. The sizes that were not there provided previously are averages from current accounts.

315/80R22.5 L – 34,000

275/70R22.5 J – 27,000

385/55R22.5 L – 40,000

305/70R22.5 L – 40,000

LT225/75R16 E – 28,000

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:







SECTION 7


MANUFACTURER’S REQUEST #1:

The Contractor shall provide detailed specifications for each tire type to be supplied under this Contract as a Mandatory Request for Approval (See Exhibit “A” – Section 5.4.4).

Bridgestone submits the attached specifications for APPROVED EQUAL pursuant to Exhibit A, 1.0 General, Current Fleet table:

Manufacturer/Model: New Flyer/Orion

Quantity of Buses: 537

Max Bus Speed: 65mph

OEM Tire Size: 305/70R22.5 load range L

Bridgestone supplies the Firestone 305/70R22.5 CTR (7011) load range L

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:







SECTION 7





Manufacturer/Model: New Flyer 40ft. AND Gillig

Quantity of Buses: 50 AND 7


OEM Tire Size: 275/70R22.5 load range J

Bridgestone supplies the Bridgestone 275/70R22.5 load range J – R192 (article 224490).

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:







SECTION 7





Manufacturer/Model: MCI 45ft.




Bridgestone supplies the Firestone 315/80R22.5 load range L (max speed 75mph) – FS400 (article 4168)

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:







SECTION 7





Manufacturer/Model: Nova 60ft.



OEM Tire Size: 385/55R22.5 load range L Number of Wheels: 2 (other 6 wheels utilize 305/70R22.5 load range L tires)

Bridgestone proposes the Bridgestone 385/55R22.5 load range L – M788EZ. Please note this tire size is not produced, in the industry, as a “Mileage Type Tire”

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:







SECTION 7





Manufacturer/Model: Nova 60ft.




Number of Wheels: 6 (other 2 wheels utilize 385/55R22.5 load range L tires)

Bridgestone proposes approval of the Bridgestone 305/70R22.5 CTR (7011) load range L

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:







SECTION 7





Manufacturer/Model: Arboc.



OEM Tire Size: LT225/75R16 load range E

Bridgestone proposes approval of the Firestone LT 225/75R16 load range E – Transforce

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:


6 REQUEST FOR APPROVAL (RFA FORM)




RFA NO. 1 DATE AUGUST 31 ST , 2017

SECTION IV

PAGE NO. 10 PARAGRAPH NO. 1


Please add the following to the end of this section: Any access to Contractor’s records and reports pursuant to this section shall be upon reasonable advanced notice, during normal business hours and at the sole cost and expense of METRO.

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:

Kevin E Moore September 15, 2017

APPROVED BY: DATE






SECTION VI



Please replace “and” with “to the extent” in the sixth line of Subsection A.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI



Please condsider removal of “,including consequential damages or loss of use thereof,” for the fifth line of Subsection A.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI



Please replace “solely from a gross” in the third line of Subsection B with “from a”.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI



Please add the following as a new Subsection C: Notwithstanding any other provision of this contract to the contrary, in no event shall either party be liable for any loss of actual or anticipated profits, loss of anticipated business, downtime costs or delay claims (whether direct or indirect), nor for any other special, indirect, incidental, or consequential damages arising out of, relating to, or in any way connected with this contract or the provision of tires and/or services, whether based in warranty, contract, tort, negligence, strict liability, or otherwise.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VIII



Please add the following to the end of this section: In the event of the unavailability of funding, METRO, upon termination, will pay for all unused mileage in the relevant tires and take title to such tires “as is”.

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:


APPROVED BY: DATE






SECTION VIII

PAGE NO. 16 PARAGRAPH NO. 3-D


Please add the following to the end of this section: Any access to Contractor’s records and reports pursuant to this section shall be upon reasonable advanced notice, during normal business hours and at the sole cost and expense of the accessing party.

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:


APPROVED BY: DATE






SECTION VIII



Please remove this clause in its entirety.

REASON: Contractor cannot continually track the most favored customer clause to ensure we comply.

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:


APPROVED BY: DATE






SECTION VIII



Please remove this clause in its entirety.

REASON: Contractor cannot agree to liquidated damages.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION IX



Please replace the last two sentence of this section with the following: METRO may only assign all or a portion of the services under this Contract including options upon the prior written consent of Contractor.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION IX



Please add the word “applicable” between “all” and “federal” in the first line of this section.of Contractor.

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:


APPROVED BY: DATE






SECTION IX

PAGE NO. 22 PARAGRAPH NO. 12-A


Please remove the last sentence of this section.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION IX

PAGE NO. 23 PARAGRAPH NO. 21-B


Please add the following after “termination” in the second line of this section: , including the remaining value of tread on leased tires mounted on vehicles and in spare stock,.

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:


APPROVED BY: DATE






SECTION IX

PAGE NO. 24 PARAGRAPH NO. 21-C


Please remove the following language at the end of this section: ….and the Contractor will be liable to METRO for any excess costs.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

This is actually Paragraph 22-C

APPROVED BY: DATE






SECTION IX

PAGE NO. 24 PARAGRAPH NO. 21-F


Please add the following to the end of the first sentence of this section: , including the remaining value of tread on leased tires mounted on vehicles and in spare stock.

METRO'S RESPONSE:

APPROVED X DENIED


COMMENTS:

This is actually Paragraph 22-F


APPROVED BY: DATE






SECTION IX



Please add the following as a new Subsection (I): In the event METRO fails to: (a) make any payment required hereunder when due; (b) use or service tires furnished hereunder in accordance with Contractor's recommendations; (c) report a record of all buses operated during the previous month, the mileage of each bus, and the number of the Contractor’s tires on each bus; or (d) otherwise comply with any of the terms and conditions of this Contract, or in the event any voluntary or involuntary proceedings are filed against or by METRO under any bankruptcy law or other law for the relief of debtors, or METRO’s credit in any manner becomes impaired, such event shall constitute a default by CDTA hereunder and Contractor shall have the right to terminate the Contract if METRO fails to cure such breach within ten (10) calendar days after receipt of notice from Contractor specifying the failure.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI

PAGE NO. 14 PARAGRAPH NO. 2 (A)


Line 4. Please Omit “sickness, disease,”.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION EXHIBIT A

PAGE NO. 9 PARAGRAPH NO. 3.7


Please add the following to the end of this section: Contractor shall not be responsible for any warranties or services related to any such tires from companies other than Contractor.

METRO'S RESPONSE:

APPROVED DENIED

APPROVED AS MODIFIED X

COMMENTS: Contractor shall not be responsible for any warranties related to any such tires from companies other than Contractor.







SECTION EXHIBIT G



Please consider the following be used instead of either dispute resolution process set forth on this exhibit: The Contractor and METRO intend to resolve all disputes under this Contract to the best of their abilities in an informal manner. In the event that a resolution of the dispute is not mutually agreed upon, the parties can agree to mediate the dispute or proceed with litigation. The Contractor shall not be bound by any decision of METRO nor shall the Contractor be required to exhaust all administrative remedies before commencing litigation in a court of competent jurisdiction within the state in which METRO is located. Notwithstanding any provision of this section, or any other provision of this Contract, it is expressly agreed and understood that any court proceeding arising out of a dispute under the Contract shall be heard by a court de novo and the court shall not be limited in such proceeding to the issue of whether METRO acted in an arbitrary, capricious or grossly erroneous manner.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI

PAGE NO. 13 PARAGRAPH NO. A


Please remove “Products and Completed Operations, Liability Aggregate”

REASON: This is included in General Aggregate.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI



“UMBRELLA LIABILITY”

Please place the insurance “floor” at $11 million

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI

PAGE NO. 14 PARAGRAPH NO. unnamed paragraph at top of page 14


Please remove the entire paragraph referencing Contrator’s possible higher limits of insurance.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI

PAGE NO. 14 PARAGRAPH NO. unnamed paragraph 3, First sentence


Please replace “forms” with “mutually agrees forms” in the first sentence of the paragraph.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI

PAGE NO. 14 PARAGRAPH NO. B


Please replace “arising out of” with “to the extent caused by” in the first sentence of the paragraph.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI

PAGE NO. 14 PARAGRAPH NO. B


Please insert “except , METRO’S negligence” between “Contractor” and “under” in the second line of the paragraph.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI

PAGE NO. 14 PARAGRAPH NO. C


Please remove “or copies of the applicable policy” from the second line of the paragraph.

REASON: Contractor will not allow copies of its policies to be removed from it’s location. Contractor will allow a METRO

rep to visit the contractor’s place of business to review documents at the sole expense of METRO.

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION VI



Second Bullet Point under “Commercial General Liability” and “Business Auto”

Please add to the end of those sentences: “Except in the cases of METRO’s negligence.”

METRO'S RESPONSE:

APPROVED DENIED X


COMMENTS:

APPROVED BY: DATE






SECTION Exhibit “A”

PAGE NO. 4 PARAGRAPH NO. 3.0


Please provide the current subcontractor staffing the METRO locations, and what they are currently being paid.

METRO'S RESPONSE:

APPROVED DENIED


COMMENTS:

APPROVED BY: DATE

TABLE OF CONTENTS - METRO STAR · Web viewNumber of Wheels: 2 (other 6 wheels utilize 305/70R22.5...

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