161F-21 Technical Specification EEQA 912.pdf

MASSACHUSETTS

BAY

TRANSPORTATION

AUTHORITY

TECHNICAL SPECIFICATION

EE&QA-912

MBTA Red Line No. 3 Car Side Door Air Cylinder Procurement

ISSUED:

11 January 2021

REVISIONS:

1.0

EQUIPMENT ENGINEERING AND QUALITY ASSURANCE

Equipment Engineering and Quality Assurance Technical Specification

Specification:

SUBJECT: RL3 Side Door Air Cylinder Procurement

Page: 2 of 11

Date: 11 January 2021

Revised: n/a

Revision: 1.0

TABLE OF CONTENTS

1.0 Purpose

2.0 Scope of Work

3.0 Additional Bid Requirements

4.0 Contract Requirements and Management

5.0 Warranty

6.0 Quality Assurance

7.0 Approvals

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1.0 PURPOSE

1.1 The MBTA has decided to perform a selective system overhaul on the Red Line No. 3 Car

Bombardier fleet of 86 heavy rail cars. As one of the systems selected, the door system manufacturer (SMC) recommends a complete overhaul at the million cycle mark. These vehicles have been in service since 1992 and have exceeded the mark. Therefore, it is deemed critical for the door system to be renewed.

1.2 In an effort to reduce complexity and ensure a reliable overhaul, the MBTA has decided to procure new air cylinders for the entire fleet.

2.0 SCOPE OF WORK

2.1 A total of 1,200 air cylinders shall be procured.

2.2 The air cylinders shall be SMC Corporation of America Part Number CDG1BA32TN-673R-

DUS01393 REV 1.

2.2.1 No substitutions, approved equals or alternates shall be permitted.

2.3 Delivery Schedule

2.3.1 The air cylinder procurement is split into four deliveries as follows:

Delivery # Delivery Date Quantity of Air Cylinders

1 12 weeks after receipt of purchase order 2

2 12 weeks after conditional acceptance of Delivery #1 598

3 52 weeks after conditional acceptance of Delivery #1 300

4 78 weeks after conditional acceptance of Delivery #1 300

TOTAL 1200

2.3.2 The delivery schedule is subject to change.

2.3.3 MBTA will provide formal notice of delivery date change at least 12 weeks prior to scheduled delivery.

2.3.4 Failure to meet delivery schedule may result in MBTA executing its cancellation rights as detailed in MBTA’s terms and conditions.

2.4 First Article Inspection

2.4.1 A First Article Inspection (FAI) will be performed by the MBTA upon receipt of Delivery

#1.

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2.4.2 The MBTA will formally notify the Vendor of any non-conformance or provide

Conditional Acceptance of the FAI units within 4 weeks of receipt of Delivery #1.

2.4.2.1 The MBTA will work with the Vendor to resolve any non-conformance issues in a timely manner.

2.4.3 If additional time is required, the MBTA will notify the Vendor of the additional time it requires to complete its FAI.

2.4.4 Failure to resolve any non-conformance issues may result in MBTA executing its cancellation rights as detailed in MBTA’s terms and conditions.

3.0 ADDITIONAL BID REQUIREMENTS

3.1 Vendor shall be an officially recognized distributor or dealer of SMC Corporation of America

(SMC).

3.2 Vendor shall submit proof of distributor or dealer relationship with SMC as part of their bid.

3.3 Should conflicts exist or an item or feature be deemed by the Vendor not to be adequately described in this Specification, the Vendor shall formally apply for further written clarification, as necessary.

3.3.1 The Vendor shall conform to the written clarification provided by the MBTA.

3.4 Failure to meet purchase order delivery requirements shall result in cancellation of the purchase order by the MBTA.

3.5 Deviation from delivery quantities not approved by the MBTA shall result in cancellation of the

Contract.

3.6 Shipment Details

3.6.1 A packing list shall be provided indicating the quantities of air cylinders in each shipment.

3.6.2 Labels shall be provided on each box within a shipment indicating the quantities of air cylinders in each box.

3.6.3 The Vendor shall be responsible for all logistics and costs associated with transportation and shipment of materials described in this specification.

3.6.3.1 The Vendor shall include these costs within their price proposal.

3.7 MBTA Facility

3.7.1 The address for the MBTA Facility is:

Massachusetts Bay Transportation Authority Cabot RTL Carhouse 275 Dorchester Ave Building 12-72 Boston, MA 02127

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3.7.2 The MBTA Facility has street level unloading access only. A loading dock does not exist at the facility.

3.7.3 The MBTA has access to forklifts for removal of equipment from the vehicle, however, these forklifts can only access the freight from street level.

3.7.4 The MBTA Facility has forklifts with a capability of 7,500 lbs. and two-wheel dollies for getting materials onto and off of the Vendor’s vehicle. The Vendor is responsible for moving material around within the Vendor’s vehicle so that the MBTA may on-/off-load it.

3.7.5 No deliveries or pick-ups shall be made to any other MBTA facilities without formal written notification from the MBTA.

3.7.5.1 Deliveries made to any other MBTA address, not formally acknowledged as the MBTA Facility shall be picked-up and redelivered to the MBTA Facility address within two (2) business days of delivery to the incorrect address.

3.7.5.2 The Vendor shall be responsible for all expenses related to the pick-up and redelivery.

3.7.6 If the MBTA needs to, it may change the MBTA Facility address by providing the updated address via formal written notification. If the updated MBTA Facility address changes the Vendor’s pricing, the Vendor shall formally notify the MBTA with the new pricing rates.

4.0 CONTRACT REQUIREMENTS AND MANAGEMENT

4.1 Correspondence Management Plan

4.1.1 The Vendor shall develop, maintain, utilize, and distribute a Correspondence Management Plan, which must identify stakeholder information needs, distribution methods, and status reporting requirements (such as status meetings, progress reports, project presentations, etc.).

4.1.2 The Correspondence Management Plan is subject to MBTA review and approval.

4.1.3 The plan shall ensure general awareness of the program requirements among the Vendor, its Subcontractors, and the MBTA.

4.1.4 The plan shall report program milestones against those expectations.

5.0 WARRANTY

5.1 Warranty Coverage

5.1.1 The Vendor guarantees and warrants that all work, materials, and equipment furnished under this Contract shall conform to the Contract requirements and be free of any defects.

5.1.2 Except where longer periods of warranty are specified, the Vendor warrants all equipment, spare parts, materials, and all labor performed, shall be in full accordance with the Technical Specification.

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5.1.3 Except where longer periods of warranty are specified, the Vendor warrants all equipment, spare parts, materials, and all labor performed, shall be free of all defects for a period of one (1) year upon Conditional Acceptance.

5.1.4 The warranty shall apply regardless of whether the equipment, materials or labor were furnished or performed by the Vendor or by any of its Subcontractors or suppliers.

5.1.5 The Vendor warrants that all parts, components, systems, equipment, design and Work covered by this Contract shall:

5.1.5.1 Conform to the Specification and all other technical and performance requirements of this Contract.

5.1.5.2 Fulfill its design functions and be fit for its ordinary and intended purposes.

5.1.5.3 Be free of all patent and latent defects in design, materials, and workmanship.

5.1.6 The Vendor shall pass through to the MBTA any warranties that exceed the one (1) year

Warranty period.

5.1.7 For any pass through warranties, the MBTA shall administer such warranties after the one

(1) year Warranty period expires.

5.1.8 Any parts, components, equipment, design and work found to be defective prior to the expiration of the Warranty Period shall be repaired, remedied or replaced (hereafter “Corrective Work”), by the Vendor, free of all charges, including transportation.

5.1.9 It is understood and agreed that all Corrective Work to be undertaken by the Vendor pursuant to the Warranty shall promptly commence following receipt by the Vendor of a written notice from the MBTA.

5.1.10 All Corrective Work shall proceed according to a schedule to which the parties agree.

5.1.11 The MBTA agrees that this warranty and all other express warranties in this Agreement, shall be in lieu of all other warranties, express, implied, statutory or otherwise, arising in law or at equity, including without limitation, warranty of merchantability and fitness for a particular purpose.

5.1.12 The Vendor and the MBTA may mutually agree to have the MBTA and/or its subcontractors carry out warranty repair, field modifications, change orders, and other work that is the responsibility of the Vendor, and to do so on the MBTA’s property at rates to be mutually agreed upon. Any warranty work shall be accomplished with a minimum of disruption of MBTA operations.

5.1.13 If the Vendor fails to proceed promptly with any Corrective Work as directed by the MBTA such corrective work, shall be affected at the Vendor’s expense by such method as the MBTA may determine.

5.1.14 The MBTA may deduct the cost of such Corrective Work form any amount owed to the Vendor or require the Vendor to reimburse such costs to the MBTA.

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5.1.15 Nothing herein shall affect Vendor’s warranties to the MBTA.

5.1.16 The warranty for any parts and components replaced or repaired under this warranty shall be extended for a period of one (1) years from the time the MBTA accepts any replaced or repaired parts and components.

5.1.17 If corrective work is performed under this warranty, a one (1) year warranty shall apply to the corrected work covering any discrepancies and defects in the corrected work that are discovered after the corrected work is accepted.

5.1.18 Emergency repairs by the MBTA shall in no way void the Vendor’s warranty.

5.2 Cumulative Failure; Failed Component(s) Under Warranty

5.2.1 If, at any time prior to the expiration of the Warranty Period, the cumulative failure of a component is equal to or greater than twenty percent (20%) of the total number of such components with the same failure mode and application (thereafter “Failed Components”), the Failed Component shall be deemed to be a fleet defect to the extent they occur during the warranty period, not to exceed twenty-four (24) months from the date the last air cylinder is placed into service following Conditional Acceptance.

5.2.2 Fleet Defects shall be cured in accordance with a Failure Mode Analysis and Recovery Plan.

5.2.3 A Failure Mode Analysis and Recovery plan shall be developed and mutually agreed upon by the parties.

5.2.4 A Failure Mode Analysis and Recovery plan shall identify the nature of the problem, analyze its cause and designate what remedial action are required to be taken. Remedial action may include, but is not necessarily limited to, replacement, redesign, repair and/or adjustment.

5.2.5 The components, systems, or subsystems affected by the Failure Mode Analysis and Recovery Plan shall have their warranty extended by one (1) year from the date of completion of the work, or until the expiration of the previously effective Warranty Period, whichever is longer, however, in any event, the warranty will not exceed one (1) year beyond the expiration of the original warranty of the air cylinders.

5.2.6 Replacement parts and materials shall be included in any Failure Mode Analysis and Recovery Plan.

5.3 Materials, Tools, and Spare Parts for Warranty

5.3.1 Materials, tools, and spare parts required to effect warranty repairs and/or Failure Mode

Analysis and Recovery Plan shall be the responsibility of the Vendor and its subcontractor(s).

5.3.2 The Vendor and its subcontractor(s) shall make adequate provisions of replacement parts and tools sufficient to carry out the work promptly.

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5.3.3 If the Vendor is unable through commercially reasonable efforts to acquire parts sufficient to perform the warranty repairs and/or Failure Mode Analysis and Recovery Plan, the Vendor shall be allowed to use the MBTA’s spare parts to effect warranty repairs.

5.3.4 The Vendor shall, within thirty (30) days of removing any part from the MBTA’s spare parts inventory, either replace such parts with new, or provide the MBTA with evidence that such parts has been ordered and will be replaced as expeditiously and diligently as practicable.

5.4 Vendor’s Warranties

5.4.1 The Vendor’s warranties shall not be voided by the MBTA’s procurement of equivalent spare parts from other sources when such purchases are necessitated by the Vendor’s failure to deliver correct parts in a timely manner or due to the Vendor’s price for spare parts.

5.4.2 The Vendor shall establish and maintain procedures for servicing delivered products during the warranty period that include verifying warranty requirements are being met.

5.4.3 The procedures shall clarify the Vendor’s warranty responsibilities in accordance with the Contract.

5.4.4 The Vendor and any subcontracted warranty activities shall be planned and supported by suitable instructions, documentation, and competent, trained personnel.

5.4.5 The Vendor’s staff shall collect and feed back to the Vendor’s responsible departments any information during the warranty period that supports servicing, design, and product improvements necessary to enhance reliably.

5.4.6 During the warranty period, the Vendor shall provide technical support of all products supplied under this Contract.

5.4.7 In the event any single failure mode develops (as distinct from failures due to all or various causes) on a component and in which the rate of such failure reaches 5 percent (5%) of the population of the item in any 12 month period prior to the expiration of the warranty period, the Vendor shall provide repairs, adjustments, or redesign and replacement at no cost to the MBTA on 100% of units concerned, not just the failed units.

5.4.8 Such correction shall be to the MBTA’s satisfaction and include correction to all components.

5.4.9 In the event that cumulative failures of any kind, in identical components and parts of the same application affects 10%, of the air cylinders in any 12 month period prior to the expiration of the Warranty period, the Vendor shall demonstrate by a thorough analysis that the failures were not the result of defects in design, application, workmanship and/or material.

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5.4.10 If the Vendor fails to make such demonstrations, the Vendor shall redesign and replace

(repairs and adjustments do not constitute redesign) the affected component to correct and prevent failure.

5.4.11 The Vendor shall perform such tests as the MBTA may deem necessary to verify that such redesign complies with the requirements of the Contract.

5.4.12 All costs associated with such redesign, testing and repair shall be borne by the Vendor.

5.4.13 Such redesigns and tests shall be subject to approval by the MBTA.

5.4.14 Any retrofit, modification, redesign, or replacement work performed under warranty on any component of the air cylinders during the warranty period shall be guaranteed against material, design and workmanship defects for two (2) years from date of repair or replacement.

5.4.15 In no case shall the corrections, under the warranty or otherwise, of defects in design, workmanship and/or materials, result in an increase in maintenance requirements, work or cost to the MBTA without the MBTA’s approval.

5.4.16 MBTA owned parts shall not be used for warranty purposes without the expressed approval of the MBTA.

5.4.17 Any MBTA owned parts used for warranty purposes shall be promptly replaced with new parts.

5.4.18 Any changes in the design, workmanship and/or material on the air cylinders as delivered shall be approved by the MBTA.

5.4.19 The Vendor shall revise the affected drawings and manuals to include the changes.

5.4.20 These revisions shall be submitted to the MBTA no more than 30 days after approval of the change.

5.5 Corrective Action During the Warranty Period

5.5.1 The Vendor shall provide all labor to perform all repairs, retrofit programs, and corrective actions.

5.5.2 The MBTA will send the Vendor written notice of observed defects or failures with reasonable promptness, but in any event no later than 30 days after observing the defect or failure. Unless otherwise directed in the notice, the Vendor shall commence corrective work or provide supervision, at the time specified by the MBTA but in no event later than two (2) working days following notification by the MBTA of the defect or failure.

5.5.3 The Vendor shall advise the MBTA before commencing the corrective work and be prepared to demonstrate the work to the MBTA and diligently pursue such corrective work to completion.

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5.5.4 In the event a defect or failure, in the opinion of the MBTA, constitutes an emergency then in that event the MBTA will provide the Vendor both verbal and written notice and the Vendor shall commence corrective work within 24 hours after receipt of written notice.

5.5.5 The Vendor shall reimburse the MBTA for costs of labor, fringe benefits and overhead at the prevailing rates when the work is performed by the MBTA. The MBTA will advise the Vendor of the current fully burdened rates.

5.5.6 Any corrective work by the MBTA shall not be construed to invalidate Vendor’s warranties and other provisions contained in the Contract.

5.5.7 Under emergency conditions, the Vendor, with approval of the MBTA, shall utilize spare parts from MBTA’s spare part inventory, provided the Vendor agrees to replace each and every spare part so used under terms within the time period to be prescribed by the

MBTA.

5.5.8 Should the Vendor contest any warranty claim, the Vendor and the MBTA shall make a joint inspection, with a written report made by the Vendor to the MBTA concerning the Vendor’s proposal to resolve the claim.

5.5.9 The MBTA will review the proposal and if found acceptable, the Vendor shall proceed in correcting the defective work.

5.5.10 If the MBTA does not accept the proposal, the Vendor shall proceed in accordance with the MBTA’s instructions and the matter will be treated as a Contract dispute in accordance with the Disputes clause.

6.0 QUALITY ASSURANCE

6.1 The Vendor shall provide all documentation requested by the MBTA to verify compliance with the specification. This documentation may include, but is not limited to drawings, procedures, test results, material certificates, and procurement records.

6.2 The MBTA reserves the right to conduct destructive and non-destructive testing, hardness testing, material analysis and mechanical measurements of the air cylinder and to reject a production delivery if a sample from that production delivery does not meet the requirements of this specification.

7.0 Approvals