Addendum No. Three

RFB No. 23-0017 Page 1 of 15 Addendum No. Three

Treet

FINANCE DEPARTMENT

PURCHASING DIVISION 100 TENTH STREET, P. O. BOX 1340

COLUMBUS, GEORGIA 31902-1340

706-225-4087 ◼ BidLine 706-225-4536 www.columbusga.org

October 26, 2022

Addendum No. Three 30' Low Floor Trolley Heavy Duty Bus (Annual Contract)

RFB No. 23-0017

Use the form provided in the solicitation to acknowledge receipt of this addendum. Failure to do so may result in your submittal being deemed non-responsive and not receiving further consideration for award.

Vendors are informed that the above subject Request for Bid (RFB) is hereby modified, corrected, or supplemented as specified, described and set forth in this Addendum:

A. City’s response to submitted questions:

1. Question: “Page 5 – 16. BID SECURITY. Requirement for Bid Security. Bid security shall be required for all competitive sealed bids for construction contracts when the price is estimated by the Purchasing Manager to exceed $25,000.

GILLIG requests confirmation that Bid security bonds are not required for RFB 23-0017. The requirement in

Section 16. Bid Security is for construction contracts and RFB 23-0017 is for the purchase of Heavy Duty

Buses.”

Response: Bonds are not required.

2. Question: “Page 5 – 17. CONTRACT PERFORMANCE AND PAYMENT BONDS. (1) When Required:

Amounts. When a construction contract is awarded in excess of $25,000, the following bonds or security shall be delivered to the City, and shall be binding on the parties upon the execution of the contract:

GILLIG requests confirmation that a performance bond is not required for RFB 23-0017. The requirement in

Section 17. Contract Performance and Payment Bonds is for construction contracts and RFB 23-0017 is for the purchase of Heavy Duty Buses.”

Response: Bonds are not required.

3. Question: “Page 5 – 17. CONTRACT PERFORMANCE AND PAYMENT BONDS. (1) When Required:

Amounts. When a construction contract is awarded in excess of $25,000, the following bonds or security shall be delivered to the City, and shall be binding on the parties upon the execution of the contract:

COLUMBUS CONSOLIDATED GOVERNMENT

Georgia’s First Consolidated Government http://www.columbusga.org/

RFB No. 23-0017 Page 2 of 15 Addendum No. Three

GILLIG requests confirmation that a payment bond is not required for RFB 23-0017. The requirement in

Section 17. Contract Performance and Payment Bonds is for construction contracts and RFB 23-0017 is for the purchase of Heavy Duty Buses.”

Response: Bonds are not required.

4. Question: “Page 6 - 23. TAXES. The City is exempt from State Retail Tax and Federal Excise Tax. Tax

Exemption No. GA Code Sec. 48-8-3. Federal ID No. 58-1097948; and, 24. FEDERAL, STATE AND LOCAL

LAWS. All bidders will comply with all Federal, State, and Local laws and ordinances, relative to conducting business in Columbus, Georgia.

Gillig requests that METRA advise bidders/proposers of any Local, City, County, State, Franchise or Income taxes, tariffs, fees, business licenses and special taxes, or licenses that will need to be paid and/or purchased by the successful bidder/proposer as part of the performance of this contract or option of this contract.”

Response: Since the bidders are not a state or local authority or nonprofit organization, as recognized by the Internal Revenue Service, they will not be exempt from occupation taxes/business licensure. Occupation Taxes is not Sales Tax or a Federal Excise Tax.

5. Question: “Page 6 - 24. FEDERAL, STATE AND LOCAL LAWS. All bidders will comply with all Federal, State, and Local laws and ordinances, relative to conducting business in Columbus, Georgia.

The APTA STANDARD BUS PROCUREMENT GUIDELINES advise that the "Agency shall furnish to all prospective Proposers a list of applicable state and local taxes imposed by the Agency’s state or local governments. The Agency shall be liable for any such state and local taxes applicable to the complete bus as delivered that are promulgated and become effective between the Due Date and the delivery date.”

Response: Section 19-36(b) of the Columbus Code requires any person, club, organization, or their agents, employees, or representatives who wish to sell, barter, trade, build, pave, grade, haul, make studies, do planning, enter contracts, and any and all other kinds of businesses with the Consolidated

Government of Columbus, Georgia, or any of its governmental agencies, shall, prior to doing said business, obtain, secure, and maintain a current city business license from the Columbus Consolidated

Government. The exception is, if any of the persons, businesses or organizations who wish to do business with the city can prove that they have paid an occupational tax to another municipality where they have a location in Georgia and the persons, businesses or organizations do not have a location in

Columbus, they will not owe the tax to the City of Columbus.

In addition, if the City is purchasing a product, only, and the awarded bidder is located outside the

State of Georgia, they will only need to submit a copy of their current Certificate of Good Standing or

Certificate of Existence. The Certificate of Good Standing or Existence will be acceptable in lieu of the business license.

6. Question: “Page 6 – 27. INDEMNITY. The Contractor covenants to save, defend, hold harmless, and indemnify the City, and all of its officers, departments, agencies, agents, and employees (collectively the “City”) from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s intentional, negligent, or grossly negligent acts or omissions in performance or nonperformance of its work called for by the Contract Documents.

GILLIG requests addition of the following industry standard wording to this procurement:

The obligations of the Contractor under the above paragraph shall not extend to circumstances where the injury, death or damages are caused solely by the negligent acts, errors or omissions of the Agency, its officers, employees, agents or consultants, including, without limitation, negligence in: (1) the preparation of the

RFB No. 23-0017 Page 3 of 15 Addendum No. Three

Contract documents, or (2) the giving of directions or instructions with respect to the requirements of the

Contract by written order. The obligations of the Contractor shall not extend to circumstances where the injury, death or damages are caused, in whole or in part, by the negligence of any third-party operator, not including an assignee or Subcontractor of the Contractor, subject to the right of contribution. In case of joint or concurrent negligence of the parties giving rise to a claim or loss against either one or both, each shall have full rights of contribution from the other.

GILLIG requests concurrence.”

Response: The City does not concur.

7. Question: “Page 7 – 39. PAYMENT TERMS. The City's standard payment term is usually net 30 days, after successful receipt of goods or services. Payment may take longer if invoice is not properly documented or not easily identifiable, goods/services are not acceptable, or invoice is in dispute.

Gillig requests the addition of the following industry standard paragraph to your bid specifications:

Within fifteen (15) calendar days after arrival at the designated point of delivery, the bus shall undergo the

Agency tests defined in “Post-Delivery Tests.” If the bus passes these tests or if the Agency does not notify the

Contractor of non-acceptance within 15 calendar days after delivery, then acceptance of the bus by the Agency occurs on the 15th day after delivery. If the bus fails these tests, it shall not be accepted until the repair procedures defined in “Repairs after Non-Acceptance” have been carried out and the bus retested until it passes. Acceptance occurs earlier if the Agency notifies the Contractor of early acceptance or places the bus in revenue service.”

Response: METRA concurs.

8. Question: “Pages 11-12 – IV. ESCALATION CLAUSE. The awarded Contractor may request a price escalation and other contract changes by submitting a fully documented request in accordance with Section 5.1 Contract

Changes and Section 5.2.8 Burden of Proof, per the Best Practices Procurement & Lessons Learned Manual of the Federal Transit Administration (FTA). The request shall be submitted to Columbus Consolidated

Government via email to BidOpportunities@ColumbusGA.org. The Purchasing Division and METRA Transit

System will review the request and shall approve or disapprove price escalations based on budget constraints and cost/price analysis. Other changes will be approved or disapproved based on research by METRA Transit

System. If approved, the Purchasing Division will provide a contract modification form (see Exhibit 1) for the awarded Contractor to sign; a digital copy of the executed form will be emailed to the awarded Contractor. If disapproved, METRA Transit System reserves the right to cancel the contract and readvertise the solicitation.

The Purchasing Division shall inform the awarded Contractor of the findings, in writing.

GILLIG proposes the following changes this this requirement: The unit price for each vehicle shall be firm and fixed for the initial 180 days after Contract execution. GILLIG respectfully requests approval to requote after the initial 180 days as a means of sharing the risk of high inflation anticipated in the next few years and thus minimizing the bid price. In no way would this cause any Purchaser to pay more than the inflation rate as any future option pricing would still be subject to the PPI calculation as specified and could not exceed the Labor

Dept's published index. This request would allow a higher cap to be used only if it became necessary.

Furthermore, this would prevent all bidder’s from artificially inflating unit price to cover for the potential of unknown future costs that may or may not come to fruition.

The extreme unprecedented inflationary pressures stemming from the Pandemic’s broken global supply chain and the invasion of Ukraine have begun to cause long-lasting damage to the U.S. transit supply base. This not only impacts transit bus OEMs, but it also impacts the thousands of U.S. suppliers that provide components to the OEMs. Numerous suppliers have provided GILLIG written notice that they can no longer provide firm quotes out 12 months, while others will not provide pricing beyond 2022 calendar year.

RFB No. 23-0017 Page 4 of 15 Addendum No. Three

To put these extraordinary increases into perspective, as of June this year (see attachment), the PPI for

Transportation Equipment Truck and Bus Bodies was up over 12.8% year-over-year compared to its historical norm in the low single digits. This increase has been primarily driven by the significant commodity cost increases in inputs like aluminum, which is up over 90% from a year earlier, steel - up 70%, plastics - up 90%, nickel that is used in both stainless steel and batteries - up over 280%, and our inbound freight for our components is up over 30%.

The unit price of the vehicles for subsequent orders (after the initial 180 day period) will be determined by multiplying the Contract price by the following fraction:

Latest Published Preliminary Index Number Prior to Notice to Proceed/Index Number on Effective Date of the

Contract.”

Response: Per the Federal Transit Administration (FTA) Contract Clauses for Fixed-Price Contracts with Economic Price Adjustment (see Attachment A), the vendor has the option of entering a fixed-price contract with economic price adjustments. If a vendor chooses this option, then the attached clauses would be completed and returned as part of their response. Otherwise, modifying this requirement is not necessary as any price change or increase would still go through the described approval process.

9. Question: “Page 12 – INDEMNITY CLAUSE. The Contractor covenants to save, defend, hold harmless, and indemnify the City, and all of its officers, departments, agencies, agents, and employees (collectively the “City”) from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney’s fees), charges, liability, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor’s intentional, negligent, or grossly negligent acts or omissions in performance or nonperformance of its work called for by the Contract Documents.

GILLIG requests the following industry standard be used for the indemnity portion(s) of this procurement:

The obligations of the Contractor under the above paragraph shall not extend to circumstances where the injury, death or damages are caused solely by the negligent acts, errors or omissions of the Agency, its officers, employees, agents or consultants, including, without limitation, negligence in: (1) the preparation of the

Contract documents, or (2) the giving of directions or instructions with respect to the requirements of the

Contract by written order. The obligations of the Contractor shall not extend to circumstances where the injury, death or damages are caused, in whole or in part, by the negligence of any third-party operator, not including an assignee or Subcontractor of the Contractor, subject to the right of contribution. In case of joint or concurrent negligence of the parties giving rise to a claim or loss against either one or both, each shall have full rights of contribution from the other.

GILLIG requests concurrence.”

Response: The City does not concur.

10. Question: “Page 85 – Form 6. INSURANCE CHECKLIST; Entire form requirements.

GILLIG maintains and pays the premiums for insurance of the types and limits it deems sufficient for its protection.

Attached is a copy of our Certificate of Liability Insurance and Certificate of Liability Insurance Umbrella

Liability Coverage for your review and approval.”

Response: Approved.

11. Question: “Page 85 – Form 6. INSURANCE CHECKLIST; 6. Contractual Liability (Must be shown on

Certificate) – $ 1 Million CSL BI/PD each occurrence, $1 Million annual aggregate.

RFB No. 23-0017 Page 5 of 15 Addendum No. Three

GILLIG requests deletion of the requirement for Contractor to have Errors and Omissions Insurance. This coverage is only necessary for construction contracts. Contractor's General Liability will provide the Agency with insurance protection for product related liability issues.”

Response: Approved.

12. Question: “Page 85 – Form 6. INSURANCE CHECKLIST; 8. Miscellaneous Errors and Omissions

$1 Million per occurrence/claim.

GILLIG requests deletion of the requirement for Contractor to have Errors and Omissions Insurance. This coverage is only necessary for professional services such as engineering, architecture, accounting, consultants etc. Contractor's General Liability will provide the Agency with insurance protection for product related liability issues.”

Response: Approved.

13. Question: “Page 86 – Form 6. INSURANCE CHECKLIST; 25. Certificate of Insurance shall show Bid Number

(RFB No. 23-0017) and Bid Title (30' Low Floor Trolley Heavy Duty Bus (Annual Contract)) in box:

Description of Operations.

GILLIG requests deletion of this requirement. GILLIG confirms that if we are the successful proposer we will provide, at time of contract execution, the requested Certificate of Insurance showing the Bid Number and Bid

Title.”

Response: N/A. Gillig is concurring with the requirement.

13. Question: “GILLIG will require the In-Service Date (ISD) of each bus delivered within 60 days after bus acceptance. GILLIG and our subcomponent suppliers are required to establish a warranty start date for each bus delivered under this contract and the ISD is required prior to filing any type of warranty claim. There are time limits to purchase and file for extended warranties which may be required per the Agency contract. The

In-Service Date is required to purchase any type of extended warranty at the quoted cost without penalties.

If no In Service Date is reported to GILLIG within 60 days after bus acceptance the In-Service Date will automatically begin 60 days after bus acceptance.

GILLIG requests concurrence.”

Response: METRA concurs.

14. Question: “Page 20 – 5.1.5.1.3 Floor Height: The floor may be inclined along the longitudinal axis of the bus, and the incline shall be less than 3 1/2° off the horizontal except locally at the doors where 2o slope toward the door is allowed.

GILLIG wishes to clarify the sloped at our rear door is 4 degrees. GILLIG requests approval.”

Response: Request is approved.

15. Question: “Page 22 – 5.1.5.7 Fire Safety: All materials used in the construction of the Passenger Compartment of the bus shall be in accordance with the Recommended Fire Safety Practices defined in FTA Docket 90, dated

October 20, 1993.

GILLIG wishes to advise the Agency that the GILLIG Low Floor bus is fully compliant with all the applicable

Federal Motor Vehicle Safety Standards (FMVSS), including FMVSS 302, which is the current industry standard.

RFB No. 23-0017 Page 6 of 15 Addendum No. Three

Over the years GILLIG has continued a program with suppliers to provide components that meet or exceed these "voluntary recommended" guidelines. Developing technology, unavailability of suitable materials, product performance, reliability, and costs have precluded some materials being available for manufactures’ use.

Given the competitive nature of the transit bus industry, some items are very cost prohibitive in our competitive environment, and we wanted to clarify for the record that the Docket 90A requirement listed in the specifications were a voluntary recommended regulation.

This is consistent with the fleet of GILLIG buses currently in service at the agency.

GILLIG requests approval to delete this requirement.

Response: Request is approved.

16. Question: “Page 24 – 5.2.1.6 Fuel Economy: The bus shall achieve an average fuel economy of 400 miles per gallon when run on the Transit Coach Duty Cycle loaded to SLW.

GILLIG wishes to clarify that the bus shall achieve an average or better Fuel economy of a 400 mile range starting with a full fuel tank and not 400 miles per gallon.”

Response: Correct. The bus shall have a 400 mile average range or better with a full fuel tank.

17. Question: “Page 24 – 5.2.2.1.1 Engine: The engine shall be Cummins ISL or approved equal. GILLIG requests approval to provide Cummins current approved emission year L9 engine.

GILLIG requests approval to provide Cummins current approved emission year L9 engine.”

Response: Request is approved.

18. Question: “Page 30 – 5.2.2.4 Final Drive: The drive shaft shall be guarded to prevent it striking the floor of the coach or the ground in the event of a tube or universal joint failure.

GILLIG wishes to advise that our design includes a guard that goes around and below the drive shaft. Although the guard is not above the drive shaft, the inherent position of the drive shaft is below chassis structural beam and therefore protects the coach floor.

GILLIG requests concurrence.”

Response: METRA concurs.

19. Question: “Page 33 - 5.3.3.2 Parking/ Emergency Brake: An emergency brake release shall be provided to release the brakes in the event of automatic emergency brake application. The parking brake valve button will pop out when air pressure drops below requirements of FMVSS 121. The driver shall be able to manually depress and hold down the emergency brake release valve to release the brakes and maneuver the bus to safety.

Once the operator releases the emergency brake release valve, the brakes shall engage to hold the bus in place.

GILLIG wishes to clarify that our system meets FMVSS121 guidelines. The FMVSS121 dual circuit air braking system which has a dual air supply system consisting of a primary air tank and a secondary air tank. The spring brakes are automatically supplied by the air tank from either circuit with the highest air pressure. In the event of a loss of pressure in either system, the parking brake system will automatically draw its air supply from the remaining circuit and air tank. The spring brakes will remain released until the pressure in both tanks drops

RFB No. 23-0017 Page 7 of 15 Addendum No. Three below 40 psi. If the pressure in both tanks and circuits drops below 40 psi, the parking brake valve will automatically pop up to apply the spring brakes.

With the FMVSS121 dual system the driver will have a warning of loss of pressure in either circuit and the parking brakes will continue to remain released using pressure from the remaining circuit. This gives the driver warning and the ability to drive and park the bus before spring brake application.

GILLIG requests approval.”

Response: Clarification understood. The proposed system is approved.

20. Question: “Page 36 - 5.4.1.4 Corrosion: The structural frame of the vehicle shall be manufactured of 304 stainless steel or approved equal.

GILLIG requests approval to provide our modified monocoque body structure made from a combination of aluminum and stainless steel structural elements.

The structure is a two (2) part assembly: the body assembly and the chassis assembly.

The body assembly is made from patented aluminum extrusions fastened together with ‘T’ bolts and cast/forged gussets. This assembly includes the sidewall structure, the roof structure with its bonded-on fiberglass roof panel and the rear bulkhead structure.

The chassis assembly (called so because it is designed to function as the understructure as well as the mounting platform for most of the chassis components, suspension, fuel tank, drive system, etc.) is made of welded 3CR12 structural stainless steel.

These two main assemblies are fastened together to form the modified monocoque body shell. This shell is one of the strongest and safest in the industry, as evidenced in Altoona reports.

This is consistent with the same construction process as previous GILLIG deliveries to the agency.”

Response: Request is approved.

21. Question: “Page 36 - 5.4.1.6 Fire Protection: This firewall shall preclude or retard propagation of an engine compartment fire into the passenger compartment and shall be in accordance with the Recommended Fire

Safety Practices defined in FTA Docket 90, dated October 20, 1993.

GILLIG wishes to advise the Agency that the GILLIG Low Floor bus is fully compliant with all the applicable

Federal Motor Vehicle Safety Standards (FMVSS), including FMVSS 302, which is the current industry standard.

Over the years GILLIG has continued a program with suppliers to provide components that meet or exceed these "voluntary recommended" guidelines. Developing technology, unavailability of suitable materials, product performance, reliability, and costs have precluded some materials being available for manufactures’ use.

Given the competitive nature of the transit bus industry, some items are very cost prohibitive in our competitive environment, and we wanted to clarify for the record that the Docket 90A requirement listed in the specifications were a voluntary recommended regulation.

This is consistent with the fleet of GILLIG buses currently in service at the agency.

GILLIG requests approval to delete this requirement.”

Response: Request is approved.

RFB No. 23-0017 Page 8 of 15 Addendum No. Three

22. Question: “Page 37 - 5.4.2.3 Jacking: Jacking pads shall be painted safety yellow or orange for ease of identification.

GILLIG wishes to clarify that our Low Floor bus design incorporates Jacking Points not Jacking Pads. GILLIG will identify the Jacking Points with safety yellow paint.

This is consistent with the fleet of GILLIG buses currently in service at the agency.

GILLIG requests approval.”

Response: Request is approved.

23. Question: “Page 44 – 5.4.4.4 Interior Panels: All materials shall comply with the Recommended Fire Safety

Practices defined in FTA Docket 90, dated October 20,1993.

GILLIG wishes to advise the Agency that the GILLIG Low Floor bus is fully compliant with all the applicable

Federal Motor Vehicle Safety Standards (FMVSS), including FMVSS 302, which is the current industry standard.

Over the years GILLIG has continued a program with suppliers to provide components that meet or exceed these "voluntary recommended" guidelines. Developing technology, unavailability of suitable materials, product performance, reliability, and costs have precluded some materials being available for manufactures’ use.

Given the competitive nature of the transit bus industry, some items are very cost prohibitive in our competitive environment, and we wanted to clarify for the record that the Docket 90A requirement listed in the specifications were a voluntary recommended regulation.

This is consistent with the fleet of GILLIG buses currently in service at the agency.

GILLIG requests approval to delete this requirement.”

Response: Request is approved.

24. Question: “Page 45 – 5.4.4.7 Insulation: All insulation materials shall comply with the Recommended Fire

Safety Practices defined in FTA Docket 90, dated October 20,1993.

GILLIG wishes to advise the Agency that the GILLIG Low Floor bus is fully compliant with all the applicable

Federal Motor Vehicle Safety Standards (FMVSS), including FMVSS 302, which is the current industry standard.

Over the years GILLIG has continued a program with suppliers to provide components that meet or exceed these "voluntary recommended" guidelines. Developing technology, unavailability of suitable materials, product performance, reliability, and costs have precluded some materials being available for manufactures’ use.

Given the competitive nature of the transit bus industry, some items are very cost prohibitive in our competitive environment, and we wanted to clarify for the record that the Docket 90A requirement listed in the specifications were a voluntary recommended regulation.

This is consistent with the fleet of GILLIG buses currently in service at the agency.

GILLIG requests approval to delete this requirement.”

Response: Request is approved.

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25. Question: “Page 52 – 5.4.5.3.3 Dimensions: Rear clear width shall be no less than 28 inches with the doors fully opened.

GILLIG requests approval to provide our standard Transit style 34" swing out style door with a minimum of

24.8" clear opening (including door handles).

This is consistent with the fleet of GILLIG buses currently in service at the agency.”

Response: Request is approved.

26. Question: “Page 52 – 5.4.5.3.3 Dimensions: Front door clear width shall be no less than 36 inches with the doors fully opened.

GILLIG requests approval to provide our standard Slide Glide 40" Front door with a minimum of 34.5" clear opening width.

This is consistent with the fleet of GILLIG buses currently in service at the agency.”

Response: Request is approved.

27. Question: “Page 57 – 5.4.6.1.3.1.2 Door Control: The door shall be of the Push Open/spring close type.

GILLIG wishes to advise that a Push Open/Spring close type door was very common on transit buses years ago, however this design is a bit arduous for certain patrons, children, elderly, etc. to push and hold the door open to exit. GILLIG chose to discontinue this offering a while back. GILLIG requests approval to provide touch bars that activate when the door is placed in the open position along with a Green light illuminating to indicate the door is unlocked. Patrons then can touch the bars and the doors will open.

This is consistent with the fleet of GILLIG buses currently in service at the agency.”

Response: Clarification understood. The proposed system is approved.

28. Question: “Page 74 – 4.5.3.2.1 General: Ten percent (10%) of the total number of inputs and outputs (or at least one each) at each zone location shall be designated as spares. Zone locations are: (1) behind the rear bulkhead; (2) forward of the bulkhead above the window line; and (3) forward of the bulkhead below the window line.

GILLIG wishes to clarify that we provide spares on the majority of our main harnesses to the extent practical.

However, not all harnesses meet this requirement. GILLIG can work with Agency to add spares to specific harnesses if deemed necessary at the preproduction meeting if we are the successful bidder.

This is consistent with the fleet of GILLIG buses currently in service at the agency.”

Response: Clarification understood. METRA concurs.

29. Question: “Page 79 – 5.6.6 Wheelchair Anti-Tipping Safety System: All buses shall be equipped with an anti-tip safety system that physically prevents wheelchairs, scooters, and other wheeled ADA-compliant mobility devices from tipping over on their sides when the bus is in motion. The system shall automatically secure the wheeled mobility device via an arm or similar component that extends alongside the lower portion of the wheeled mobility device.

Vendors may propose the Q’Straint Quantum Automatic Wheelchair Securement Station or an approved equal with equivalent capabilities that provides the same anti-tipping passenger protection. Vendors may also propose alternate systems for consideration if the Vendor believes that the proposed alternate system is superior in quality and safety performance.

RFB No. 23-0017 Page 10 of 15 Addendum No. Three

GILLIG wishes to clarify that the parameters of your specification in regards to being a 30' Diesel bus with a rear door is unable to also include the type of Wheelchair System (Quantum) Described. The configuration of this size GILLIG bus. The Diesel fuel tank has to mount on the inside of the bus on the curbside forward of the rear door and be incorporated and covered by the flooring and perimeter seats on top. The Streetside of the bus is limited to (2) stacked style ADA positions including a rotating ARM and floor pocket at the front. There is not physically room for a Quantum (or alternate) style device while still meeting ADA requirements for two

(2) wheelchair positions.

GILLIG requests concurrence.”

Response: Clarification understood. METRA concurs. Respondents may exclude Item 5.6.6 in the specifications if it is not feasible. The Wheelchair Anti-Tipping Safety System will be considered optional.

Andrea J. McCorvey

Purchasing Division Manager

RFB No. 23-0017 Page 11 of 15 Addendum No. Three

FEDERAL TRANSIT ADMINISTRATION

(FTA) CONTRACT CLAUSES

FOR

FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE

ADJUSTMENT

Attachment A

Read and initial this page __________

1. Type of Contract (Apr 1984)

The Government contemplates award of a fixed-price with economic price adjustment contract resulting from this solicitation.

2. Economic Price Adjustment-Standard Supplies (Nov 2021)

FAR 16.203-4(a)

(a) The Contractor warrants that the unit price stated in the Schedule for _________ [offeror insert Schedule line item number] is not in excess of the Contractor’s applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term "established price" means a price that-

(1) Is an established catalog or market price for a commercial product sold in substantial quantities to the general public; and

(2) Is the net price after applying any standard trade discounts offered by the Contractor.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective-

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

3. Economic Price Adjustment-Semistandard Supplies (Nov 2021)

FAR 16.203-4(b)

(a) The Contractor warrants that the supplies identified as line items __________ [offeror insert Schedule line item number] in the Schedule are, except for modifications required by the contract specifications, supplies for which it has an established price. The term "established price" means a price that (1)is an established catalog or market price for a commercial product sold in substantial quantities to the general public, and (2)is the net price after applying any standard trade discounts offered by the Contractor. The Contractor further warrants that, as of the date of this contract, any difference between the unit prices stated in the contract for these line items and the Contractor’s established prices for like quantities of the nearest commercial equivalents are due to compliance with contract specifications and with any contract requirements for preservation, packaging, and packing beyond standard commercial practice.

(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price (exclusive of any part of the unit price that reflects modifications resulting from compliance with specifications or with requirements for preservation, packaging, and packing beyond standard commercial practice) shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor’s established price, and this contract shall be modified accordingly.

(c) If the Contractor’s applicable established price is increased after the contract date, the corresponding contract unit price (exclusive of any part of the unit price resulting from compliance with specifications or with requirements for preservation, packaging, and packing beyond standard commercial practice) shall be increased, upon the Contractor’s written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:

(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.

(2) The increased contract unit price shall be effective-

(i) On the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor’s written request within 10 days thereafter; or

(ii) If the written request is received later, on the date the Contracting Officer receives the request.

(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.

(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.

(5) Within 30 days after receipt of the Contractor’s written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.

(d) During the time allowed for the cancellation provided for in paragraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.

4. Economic Price Adjustment-Labor and Material (Jan 2017)

FAR 16.203-4(c)

(a) The Contractor shall notify the Contracting Officer if, at any time during contract performance, the rate of pay for labor (including fringe benefits) or the unit prices for material shown in the Schedule either increase or decrease. The Contractor shall furnish this notice within 60 days after the increase or decrease, or within any additional period that the Contracting Officer may approve in writing, but not later than the date of final payment under this contract. The notice shall include the Contractor’s proposal for an adjustment in the contract unit prices to be negotiated under paragraph (b) of this clause, and shall include, in the form required by the Contracting Officer, supporting data explaining the cause, effective date, and amount of the increase or decrease and the amount of the Contractor’s adjustment proposal.

(b) Promptly after the Contracting Officer receives the notice and data under paragraph (a) of this clause, the Contracting Officer and the Contractor shall negotiate a price adjustment in the contract unit prices and its effective date. However, the Contracting Officer may postpone the negotiations until an accumulation of increases and decreases in the labor rates (including fringe benefits) and unit prices of material shown in the Schedule results in an adjustment allowable under paragraph (c)(3) of this clause.

The Contracting Officer shall modify this contract (1)to include the price adjustment and its effective date and (2)to revise the labor rates (including fringe benefits) or unit prices of material as shown in the Schedule to reflect the increases or decreases resulting from the adjustment. The Contractor shall continue performance pending agreement on, or determination of, any adjustment and its effective date.

(c) Any price adjustment under this clause is subject to the following limitations:

(1) Any adjustment shall be limited to the effect on unit prices of the increases or decreases in the rates of pay for labor (including fringe benefits) or unit prices for material shown in the Schedule.

There shall be no adjustment for-

(i) Supplies or services for which the production cost is not affected by such changes;

(ii) Changes in rates or unit prices other than those shown in the Schedule; or

(iii) Changes in the quantities of labor or material used from those shown in the Schedule for each item.

(2) No upward adjustment shall apply to supplies or services that are required to be delivered or performed before the effective date of the adjustment, unless the Contractor’s failure to deliver or perform according to the delivery schedule results from causes beyond the Contractor’s control and without its fault or negligence, within the meaning of the Default clause.

(3) There shall be no adjustment for any change in rates of pay for labor (including fringe benefits) or unit prices for material which would not result in a net change of at least 3 percent of the then-current total contract price. This limitation shall not apply, however, if, after final delivery of all line items, either party requests an adjustment under paragraph (b) of this clause.

(4) The aggregate of the increases in any contract unit price made under this clause shall not exceed 10 percent of the original unit price. There is no percentage limitation on the amount of decreases that may be made under this clause.

(d) The Contracting Officer may examine the Contractor’s books, records, and other supporting data relevant to the cost of labor (including fringe benefits) and material during all reasonable times until the end of 3 years after the date of final payment under this contract or the time periods specified in subpart 4.7 of the Federal Acquisition Regulation (FAR), whichever is earlier.

https://acquisition.gov/far/part-4#FAR_Subpart_4_7