2 broadway new york, ny 10004 division of …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2...

147
MTA - NEW YORK CITY TRANSIT 2 BROADWAY NEW YORK, NY 10004 DIVISION OF MATERIEL www.mta.info/nyct/procure/nyctproc.htm [email protected] 0000049896 NOTICE -OF- ADDENDUM ADDENDUM # 5 BID OPENING/DUE DATE: 04/15/2014

Upload: vuphuc

Post on 09-Feb-2018

227 views

Category:

Documents


3 download

TRANSCRIPT

Page 1: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

MTA - NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, NY 10004

DIVISION OF MATERIEL www.mta.info/nyct/procure/nyctproc.htm

[email protected]

0000049896 NOTICE

-OF- ADDENDUM

ADDENDUM # 5

BID OPENING/DUE DATE: 04/15/2014

Page 2: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

2 Broadway Carmen Bianco New York, NY 10004 President

I)New York City Transit

Division of Materiel April 8, 2014

ADDENDUM NO.5 Contract No. IFB 49896

Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

TO ALL PROSPECTIVE PROPOSERS:

The NEW date for the receipt of Bids is Tuesday, April 15,2014 at 2:00 PM at the location specified in the Bid documents.

You are hereby notified of the following changes to the Contract.

I. Changes to Contract Documents

• Remove existing "Specific Contract Provisions - Page 4" and replace it with the attached revised "Specific Contract Provisions - Page 4" marked Addendum No.5 which now includes the following change: Article 104: under paragraph A the number of vehicles covered under the Contract was reduced from 164 to 160 for NYCT.

Remove existing "Scope of Work" and replace it with the attached revised "Scope of Work" marked Addendum No.5 which now includes the following changes: Section 2 (b) the first sentence was changed to read "Supply and Install BART, per manufacturer's guidelines, on 172 Heavy Duty Diesel Vocational Trucks comprised of 160 vehicles for NYCT and 12 vehicles for Metro-North". Section 5 "Affected Fleets: For New York City Transit" the quantities listed in the table were revised from 164 to 160 vehicles.

• Remove existing "DERA Retrofit Vehicle Listing" marked Addendum No.3 and replace it with the attached "NYCT DERA Retrofit Vehicle Listing" marked Addendum No.5, Attachment 4, which now includes updated Gross Vehicle Weight (GVW) for NYCT vehicles to be retrofit under Classes A through G.

II. The following are questions received and the corresponding answers to those questions, which are made part ofthis Contract: (answers appear in Bold.)

QI. Class A vehicles SUM-E-600-7, SUM-E-601-7, SUM-E-602-7, SUM-E-603-7, SUM-E-604­7, SUM-E-605-7, INF-S-77-7 and TRK-S-185-7 are all listed as having 2007 or newer engines. As these vehicles should already have a DPF installed on them and are not able to be retrofitted, shouldn't they be removed from the Contract?

AI. - Vehicles INF-S-77-7 and TRK-S-185-7 already have DPFs and have been removed from the Contract. All of the other vehicles were only equipped with a muffler not a DPF as the chassis are actual 2006 models that were registered and delivered in early 2007.

Q2. Regarding Gross Vehicle Weight Rating (GVWR) rules, I understand that New York State (NYS) has a law which states that vehicles over 8,500 lbs. need to be retrofitted to meet DERA. The level 3 products I sell state that the GVWR needs to be above 14,000 lbs. GVWR for a level 3 device. What level retrofit device does the NYS law require? Does it need to be a level 1 or level 3 device?

Page 3: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No IFB 49896 Addendum No.5 April 8,2014

A2. - DERA requires the Best Available Retrofit Technology (BART) - Bidders are to review NYS Department of Environmental Conservation Regulation 6 NYCRR Part 248 Express Terms pages 7 of 17 through 10 of 17. If it is determined that BART is less than a level 3 device, Contractor shall provide the Project Manager with records of testing and results used to identify the lesser level retrofit technology.

Please be advised that Addenda notification is sent via email to the email address each firm provided in the Bid Document Order Form. Bidders may obtain copies of all Addenda on the NYC Transit website at http://web.mta.info/nyct/procure/rfppage.htm.

Reminder: Be sure to acknowledge this Addendum in your bid. Failure to do so may result in rejection of your Bid.

Z2dJk:--­Robert H. Rose Contract Supervisor Materiel Division

Page 2 of2

Page 4: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

ARTICLE 102 PROJECT DESCRIPTION

A. The Work to be performed under this Contract may briefly be described as retrofitting of Authority owned diesel trucks for conformance with New York State Diesel Emissions Reduction Act (DERA), including all necessary or incidental work, labor and materials. Included in the Work and price shall be all pickup, transportation and delivery expenses from and to the Authority as well as all labor, materials, equipment, incidentals and overhead costs and expenses in performing the Work. The Work shall be performed as specified in the Contract Documents at the production rate specified in ARTICLE 104, TIME FOR COMPLETION AND DELIVERY.

B. The Contractor shall be required to perform all Work in accordance with the Technical Specifications annexed hereto as part of the Contract Documents.

ARTICLE 103 TERM OF CONTRACT

The term of the Contract shall be three (3) years from the award date specified in the Notice of Award.

ARTICLE 104 TIME FOR COMPLETION AND DELIVERY

A. The Work under this Contract will cover approximately 172 heavy duty diesel vocational trucks categorized by truck type, engine manufacturer and vehicle year comprised of 160 vehicles for NYCT and 12 vehicles for Metro-North. The Authority anticipates that approximately 75 vehicles will require assessment to determine the [Best Available Retrofit Technology] (BART) comprised of 63 vehicles for NYCT and 12 vehicles for Metro-North.

B. Pick Up & Delivery Times: Unless permitted by the Project Manager, all pick up and delivery of diesel trucks shall be performed between the hours of 8:00 A.M. to 3:00 PM Monday through Friday except Authority observed holidays as listed in Attachment 1. The Contractor shall perform all Work as listed in the Scope of Work in accordance with the specified time frames listed below in paragraphs C, D, E & F. Vehicles for New York City Transit shall be picked up and delivered by the Contractor from the NYC Transit facility located at 1997 Broadway, Brooklyn, NY 11207. Vehicles for Metro-North Rail Road shall be picked up and delivered by the Contractor from the Metro-North locations contained in Attachment 2.

C. Within seven (7) calendar days from the Notice of Award, the Authority will make available up to four (4) vehicles for pre-installation engine check and data logging assessment. The Contractor shall have five (5) calendar days from receipt of a vehicle to complete the engine check and installation of the data logging equipment for that vehicle and return such vehicle to the Authority for data logging. The Contractor shall have fourteen (14) calendar days from return of each vehicle to complete the data logging for that vehicle and submit to the Authority the required data analysis and report and the Contractor's recommendation of the proper BART system. If it is determined that sufficient vehicle run time has not been attained in accordance with CARB requirements and that additional vehicle run time is required, the fourteen (14) calendar day requirement will be extended upon verification of the run time data by the Project Manager. The Contractor shall be responsible for providing the Project Manager with the required data establishing that sufficient vehicle

10/13 Operating Contract Addendum No.5 Page 4

Page 5: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 Addendum No.5 Scope of Work

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART)

1. Background: MTA New York City Transit (NYCT or the Authority) and Metro-North is required to install BART on Heavy Duty Diesel Vocational Trucks due to New York State 2006 Diesel Emission Reduction Act (DERA). The vocational trucks covered in this scope are listed in Section 5 - Affected Fleets. The affected fleets represent 1998 - 2008 truck years with varying engine displacements and engine manufacturers.

2. Purpose: Retain a Contractor to:

(a) Assess Heavy Duty Diesel Vocational trucks for installation of Best Available Retrofit Technology (BART) equipment installations, using guidelines in 2006 DERA. The diesel vehicle assessment requires the Contractor to have the resources necessary to collect, at minimum, exhaust system temperature and backpressure data (per attached NYCT Standard Test Protocol or equivalent). The Contractor shall interpret the collected data to choose the BART level applicable and available for assessed vehicles per DERA regulations. The vehicle assessment report shall be submitted to NYCT. (Note: NYCT or its designees may make frequent or continuous inspections/audits of Contractor's test methods for data gathering to validate accuracy of assessment.)

At minimum, the truck types below need to be included in vehicle assessment:

Truck Type Truck Quantity Year Total Truck

Quantity 1998 1999 2000 200] 2002 2003 2004 2005 2006 2007 2008

1. Box 1 1 5 7 2. Clip 1 1 1 3 3. Dump 1 2 3 4. Gang 1 1 5. Rack 1 2 2 1 6 6. Road 1 1 2 7. Scissor Lift 1 1 8. Stake Body 1 1 2 4 9. Tractor 1 1 ,2

10 Van Step 2 2 1 5 11. Vacuum 1 1 2 12 Skyworker 1 1 13 Tower 1 1 2 14 Mobile W/S 1 1 15 Wrecker 1 1 1 3

Page 1 - Addendum No.5

Page 6: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

16· Line I 1 17· Rack/Crane 1 1 18. Bucket I 1 I 3 19· Car Carrier 1 I 2 20· Welder 1 1 2 21· PlatformCrane 1 I 22 Cable Puller 1 1 23 Stake/Crane 1 1 2 24. Refuse Truck 1 I 25. Emergency 1 1 26. Snow Fighter 1 1 27. Paratransit Bus 1 1 28. Utility Truck 1 1 29. Crane Truck 1 1 30. Sprinter Truck I 1

Total I 3 1 3 1 7 9 20 14 3 I 63

(b) Supply and install BART, per manufacturer's guidelines, on 172 Heavy Duty Diesel Vocational Trucks comprised of 160 vehicles for NYCT and 12 vehicles for Metro-North. BART equipment Installations are divided by truck model year in Section 13 - Schedule below. The Contractor shall guarantee vehicle reliability and duty cycle performance sustained at optimal levels when BART is installed on vehicle. All installations shall satisfy BART, engine manufacturer application, performance guidelines, and allow continued safe vehicle operation to accomplish Authority business. Due to the operational requirements of NYCT vehicles, all BART Systems shall be stand alone self-contained units. No plug in units or assemblies will be accepted unless authorized by the Project Manager.

3. Assumptions: a. Trucks will be retrofitted with BART equipment - Level 3. b. All trucks in this Scope of Work will have engine and exhaust system inspected. c. 20% of trucks covered in this Scope of Work will require non-warranty engine work. d. e. Class II Vocational trucks are 10,000 - 15,999Ibs. f. Class III Vocational trucks are 16,000 - 19,999 lbs. g. Class IV Vocational trucks> 19,999Ibs.

4. Expectations: a. Completed gathered truck exhaust data, analysis and final report. b. Trucks receive preventative maintenance and engine component repairs. c. Engines that are more than three (3) years old shall receive valve lash, injector height and

related components check/adjustment (i.e. tune-up), per engine manufacturer's procedure and specifications, prior to BART retrofit.

d. Engines less than three (3) years old shall receive an engine tune-up based on Engine manufacturer's recommended Maintenance Interval Schedule.

e. The Manufacturers Maintenance Interval usually based upon one (1) of the following: Fuel consumption.

- Distance traveled (odometer). Page 2 - Addendum No.5

Page 7: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

- Engine service hours. - Calendar time elapsed.

f. All retrofits are Contractor-installed g. All trucks receive road test after BART is completely installed. h. Contractor to provide and install 2006 DERA compliant labels and reporting

requirements. 1. Contractor to provide detailed procedures and reports. J. Maintenance Software for BART system installed by the Contractor shall be provided to

the Project Manager.

5. Affected Fleets: For New York City Transit (See Attachment 3 for Metro­North Affected Fleets)

SI. Engine Make Truck Year

Total1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 I. Caterpillar " .) 1 1 4 11 1 7 5 33 2. Cummins 2 1 3 3. Duramax/Isuzu 5 52 28 85 4. Mack 1 2 14 3 20 5. Detroit Diesel 4 4 6. Ford 4 1 4 1 10 7. International 1 1 8. Mercedes 1 1 2 9. Paccar 1 1 10. Volvo 1 1

Total 1 2 3 2 2 10 23 68 43 6 160

6. Design Installation Kit: The Contractor shall design an installation kit that contains all necessary nuts, bolts, washers, clamps, brackets, straps, pipes, pipe insulation, backpressure monitoring system (for reference, see NYCT Technical Services Specification code S78-11-01 Revision A, attached).

The inlet and outlet of the BART shall consist of flanged connections to facilitate maintenance (for reference, see the attached NYCT Technical Services Specification code S-78-14-04 Revision B).

The industry, association, and government standards must be followed only as applicable to the design, fabrication, assembly, testing and, installation of all equipment furnished.

ANSI - American National Standards Institute ASME - American Society of Mechanical Engineers ASTM - American Society for Testing and Materials AWS - American Welding Society ISA - Instrument Society of America NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association OSHA - Occupational Safety and Health Act UL - Underwriters Laboratory SAE - Society ofAutomotive Engineers

Page 3 - Addendum No.5

Page 8: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

7-1 Required Documentation To Be Provided to the Project Manager As Requested a. Detailed maintenance/removal & replacement (R&R) procedures, shall be provided using

MS Word format in both paper form and CD formatted for MS Windows 98 or higher. The written procedures provided by the Contractor shall consist of, but are not limited to: i Step-by-step instructions with photographs detailing the maintenance/R&R. 11 Isometric assembly drawings of the units as they are installed in the vehicles. 111 Drawings of any jigs required to aid in the maintenance/R&R process. iv Required tools and Bill of Materials (BOM). For reference see attached NYCT document code 78-24. Typically, procedures are drafted in the prototyping stage.

b. Applicable drawings in AutoCAD v12 or higher format (both paper copies and on CD formatted for MS Windows 95 or higher): i. Isometric assembly drawings with BOM (this information is also to be included in the

BART installation and maintenance procedures). 11. Detail drawings of any unique brackets/components that are expected to need

replacement during the life of the vehicle or in case the vehicle is involved in an accident.

iii. BART wiring schematics need to show interfaces with existing vehicle wiring and electronic components.

c. An indented Bill of Materials with part numbers and manufacture distribution source, shall be provided.

d. All documents are subject to NYCT approval prior to BART delivery and/or Installation in vehicle.

7-2 Required Documentation To Be Provided for each Vehicle Vehicle specific records of installation shall be provided in paper form and electronically in Excel on a·CD formatted for MS Windows XP or higher.

The vehicle specific record of installation shall contain the following (for tracking, warranty, and compliance with New York State 2006 DERA):

Name of BART regulated entity Vehicle identification number License plate number Vehicle number Vehicle description (Type of vehicle/Usage) Date of installation of BART product Specific BART product name installed on vehicle BART classification level BART serial number Vehicle odometer reading Date of odometer reading Gross vehicle weight rating (GVWR) Chassis make

Page 4 - Addendum No.5

Page 9: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

Chassis model Chassis model year Engine make Engine model Engine model year Engine serial number Engine displacement Engine horsepower Engine class (2 or 4 cycle) Number of cylinders Turbocharged or naturally aspirated (T=turbo or N==naturally aspirated) Installation location Initial exhaust backpressure reading of the new BART California State Air Resource Board (CARB) designated Diesel emission control strategy family name (when applicable) Installer/Contractor Name Installer contact information OEM EGR equipped NOx Reflash (YIN) Date of NOx Reflash NOx reflash version Name of facility where vehicle is located Address of vehicle location City of vehicle location State of vehicle location

Legible and durable vehicle specific labels certifying compliance with New York State 2006 DERA:

Labell (In plain view): - Name of the BART regulated entity - Vehicle identification number - Specific BART product name installed on vehicle - Date of installation of BART product - BART particulate matter (PM) reduction classification level - Vehicle or Engine model year - Name of the engine manufacturer, family and series - Engine horsepower - CARB designated diesel emission control strategy family name (when applicable)

Label 2 (installed on/near the fuel fill line) (only if BART is installed on specific vehicle that requires the use of ultra low sulfur diesel (ULSD): . - Label stating "use ULSD fuel only".

Page 5 -- Addendum No.5

11

Page 10: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

8. Prototype: A prototype model of the first BART installation kit and backpressure monitoring system, shall be fabricated and installed on a vehicle no later than 45 days from the award of the Contract. The prototype installation shall be completed at the Contractor's expense. NYCT will provide input to Contractor to revise/improve BART System in order to incorporate all changes in the production of the First Article Inspection (FAI) kit. The installed prototype BART System for each vehicle type will remain on the vehicle as long as no substantial difference exists between the prototype and final approved FAI kit for each vehicle type. The determination of substantial difference between the prototype and approved FAI kit is made by the Authority in order for the prototype to remain installed on the vehicle. If, however, there are substantial differences, the Contractor shall replace the prototype with an approved BART installation kit based on the FAI kit. The Authority will only make payment for the prototype, at the applicable unit prices contained in the Price Schedule, if the Authority determines that such prototype is fit to remain on the vehicle.

9. First Article Inspection: The First Article Inspection (FAI) kit shall be fabricated and made available at the Contractor installation facility for inspection by the Authority no later than 30 days from the time of the prototype installation which shall be performed at the Contractor's expense. The FAI shall be conducted according to NYCT's FAI flow chart (see Item 6, above), with the exception that the Contractor shall perform the Work while NYCT will only observe the installation with no additional input. Upon formal acceptance of the FAI by the Authority, the FAI kit shall be installed on a vehicle within two (2) weeks.

10. Vehicle Transportation and Location: The BART installation facility shall be located in NYC or as close as reasonably possible. The Contractor is to transport trucks to and from NYCT at Contractor's expense. The Contractor shall contact the originating location management or NYCT designated personnel concerning the delivery and pick up of vehicles (Note: This is required for all installations by the Contractor, including the Prototype and FAI.). Each vehicle's body condition and dashboard telltale display is to be inspected and documented before release to the Contractor for BART equipment installation. Verification of body condition and dashboard telltale display is required immediately upon return from Contractor after BART System installation.

11. Pre-Installation Engine Check: All Work described below shall be completed by an authorized repair facility using genuine vehicle/engine manufacturer parts prior to BART installation. This is required for all BART System installations. The Contractor shall notify Project Manager in writing or bye-mail of any deficiencies or defects uncovered during engine check. Motor Book Parts and Labor Guide, most current edition, shall be used to establish times required to correct any deficiencies or defects prior to performing any additional Work..

The following Work shall be carried out before BART equipment installation:

Steam clean vehicle engine compartment and under carriage.

Page 6 - Addendum No.5

Page 11: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

11 Perform cylinder balance or injector contribution test. (An engine manufacturer specific way to verify engine operation using individual injector input contribution to validate engine operation per manufactures specifications/parameters.)

111 Inspect that air intake system meets manufacturer specification. Ensure all clamps, hose, hose connections and, tubes are secure and not damaged.

IV Replace air filter element. v Inspect turbocharger compressor wheel and related components. VI Inspect turbocharger turbine wheel and related components. V11 Pressure test charge air cooler. Ensure all clamps, brackets, tube, and hose connections

are secure. V111 Check the turbocharger waste gate, actuator and related component condition. IX Perform valve lash, injector height and related components check/adjustment (i.e. tune

up). X Perform all required warranty repairs.

12. BART System Installation: BART installations shall be performed in strict accordance with the Authority's Project Manager (or hislher designee) direction. This shall include documented instructions in addition to the written procedures provided by the Contractor at the time of BART System installation.

The installation will generally consist of removing the existing Diesel Oxidation Catalyst (DOC) or muffler and, modifying any pipes required to allow BART equipment to fit in the space envelope of DOC or muffler. BART recommendations/requirements, findings from vehicle assessment, as well as, safe vehicle operation, shall determine the location of BART in vehicle exhaust system.

The BART System shall consist of the highest level attainable Particulate Matter (PM) reducing equipment, mounting hardware, brackets, clamps, pipes, and pipe insulation (if needed) as well as a backpressure-monitoring system. All mufflers can be disposed of at the Contractor, but DOCs are to be securely packaged, labeled and returned to NYCT salvage.

After installation of each prototype and FAI, prior to delivering the vehicle back to NYCT, the Contractor shall perform a no load full throttle backpressure test as outlined in Document code 78­24. The Contractor shall update the maintenance information system (MIDAS/SPEAR where applicable) by completing a maintenance work order for installation. of BART and backpressure monitoring system. (Note: Access to MIDAS/SPEAR will be coordinated through Project manager when the Contract is awarded). Record all required items from Required Documentation Section on vehicle specific Record of Installation form, and forward via Fax to NYCT DOB Support Fleet' Operations at (718) 927-7346 and Warranty Department at (347) 643-5151 or to the Metro-North Automotive Department at (914) 271-1921. Note: All PM reducing equipment provided to the Authority shall be uniquely serialized. Each manifest and record of installation shall identify each unique BART serial number in each shipment delivered to the Authority. An additional copy of each manifest that includes unique BART serial numbers shall be provided to the Authority's Project Manager (or hislher designee).

13. Schedule: A. BART installations shall begin fourteen (14) calendar days from the time of acceptance of

the FAI by the Authority's Project Manager. Contractor shall at a minimum perform four (4)

Page 7 - Addendum No.5

Page 12: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

to six (6) installations each week. This installation rate is at the Authority's discretion. The delivery of vehicles shall be scheduled as soon as is practical and at the convenience of fleet management. Round robin scheduling shall be done when convenient and should be attempted whenever possible for efficiency as directed by the Project Manager.

2007 and 2006 model year truck retrofits shall be completed first. 2005 model year truck retrofits shall be completed secondly. 2004 thru 2000 model year truck retrofits shall be completed thirdly.

At each completion set the Project Manager (or his/her designee) is to be contacted to initiate Work for the next set.

Page 8 - Addendum No.5

Page 13: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

ATTACHMENT 4

Contract No. IFB 49896

Addendum No.5

NVCT DERA Retrofit Vehicle Listing

Classes A through G

Page 14: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class A

DIV PRI # YR MAKE GVW MODEL VIN PLATE# #CYLINOE~ ENG mahUfaeturer EngYear HP Photo # ASSIGNED TO GARAGED ENGINE F'AMILY tN-SERVClATE

STA - S - 180 - 3 2003 FRLlNE 41,000 VACUUM 1FVABXAK73HK39692 K42098 6 CATERPILLER 7.2 2003 250 STATIONS NORTHERN BLVD 3CPXH0442HBV 9/16/2002

SUM - E - 605 7 2007 FREIG 25,640 ROAD CALL 1FVACWDD07HW94779 1'.132714 6 CATERPILLER 7.2 2007 210 14 SURF RIC CROSSTOWN 7CPXH0442HBK 12/7/2007

SUM - E - 602- 7 2007 FREIG 25,640 ROAD CALL 1FVACWDD07HW94782 R14405 6 CATERPILLER 7.2 2007 210 14 SURF RIC ZEREGA 7CPXH0442HBK 4/2/2007

SUM - E - 604 - 7 2007 FREIG 25,640 ROAD CALL 1FVACWDD77HW94777 1'.139878 6 CATERPILLER 7.2 2007 210 14 SURF RIC YUKON DEP 7CPXH0442HBK 6/21/2007

SUM - E - 601 - 7 2007 FREIG 25,640 ROAD CALL 1FVACWDD77HW94780 1'.122953 6 CATERPILLER 7.2 2007 210 14 SURF RIC ZEREGA 7CPXH0442HBK 11/7/2006

SUM - E - 600 - 7 2007 FREIG 25,640 ROAD CALL 1FVACWDD97HW94778 1'.119852 6 CATERPILLER 7.2 2007 210 14 SURF RIC ZEREGA 7CPXH0442HBK 10/11/2006

SUM -E - 603 - 7 2007 FREIG 25,640 ROAD CALL 1FVACWDD97HW94781 1'.123808 6 CATERPILLER 7.2 2007 210 14 SURF RIC BK ROAD 7CPXH0442HBK 5/1/2007

SUM - E - 401 - 4 2004 CHEV 25,690 ROAD CALL 1GBJ6C1C04F503175 L44451 6 CATERPILLER 7.2 2004 200 SURF RIC YUKON DEP 4CPXH0442HBK 12119/2003

SUM -E - 403 - 4 2004 CHEV 25690 ROAD CALL 1GBJ6C1C04F503533 L44467 6 CATERPILLER 7.2 2004 200 SURF RIC ZEREGA 4CPXH0442HBK 1/9/2004

SUM - E - 400 - 4 2004 CHEV 25,690 ROAD CALL 1GBJ6C1C84F501965 L44403 6 CATERPILLER 7.2 2004 200 SURF RIC JAMAICA DEP 4CPXH0442HBK 12/10/2003

SUM - E - 402 - 4 2004 CHEV 25,690 ROAD CALL 1GBJ6C1CX4F501904 L44466 6 CATERPILLER 7.2 2004 200 SURF RIC ZEREGA 4CPXH0442HBK 1/9/2004

TRK -S - 200 - 3 2003 CHEV 30,300 MOBILEW/S 1GBM7F1C73F515852 L43807 6 CATERPILLER 7.2 2003 215 TRACK AY YARD 3CPXH0442HBV 3/8/2006

TRK - S - 27 - 0 2000 CHEV 36,220 SKYWORKER 1GBP7H1C2YJ501614 L12191 6 CATERPILLER 7.2 2000 215 4 FLEET OP LINDEN SHOP YCPXH0442HRK 5/2/2000

TRK -S - 140 - 0 2000 CHEV 35,000 TOWER 1GBP7H1C4YJ501758 K18815 6 CATERPILLER 7.2 2000 215 TRK-CD-2 AYYD YCPXH0442HRK 3/9/2001

TRK -S - 139 - 0 2000 CHEV 35,000 TOWER 1GBP7H1C6YJ502197 K18810 6 CATERPILLER 7.2 2000 215 TRK-CD-2 AY YO YCPXH0442HRK 3/9/2001

MOD - S - 21 - 4 2004 GMC 25,640 BOX TRUCK 1GDJ6C1C04F50806 L44470 6 CATERPILLER 7.2 2004 200 SUPPLY LOGISTICS 5504 MASPETH 4CPXH0442HBK 2/3/2004

STA -S - 105 - 4 2004 GMC 25,640 BOX TRUCK 1GDJ6C 1C34F507874 L43803 6 CATERPILLER 7.2 2004 200 MATL CONTROL QUAY ST 4CPXH0442HBK 2/24/2004

INF - S - 63 - 4 2004 GMC 25,640 BOX TRUCK 1GDJ6C1C34F508166 L43809 6 CATERPILLER 7.2 2004 200 ELEV & ESC SUTPHIN BLVD 4CPXH0442HBK 2/27/2004

MOD - S - 20 - 4 2004 GMC 60600 BOX TRUCK 1GDJ6C1C64F507836 L44469 6 CATERPILLER 7.2 2004 200 SUPPLY LOGISTICS 5504 MASPETH 4CPXH0442HBK 2/3/2004

MOD - S - 18 - 4 2004 GMC 25,640 BOX TRUCK 1GDJ6C1C84F507689 L43804 6 CATERPILLER 7.2 2004 200 SUPPLY LOGISTICS 5504 MASPETH 4CPXH0442HBK 2/25/2004

STA - S - 177 - 4 2004 GMC 25,640 BOX TRUCK 1GDJ6C1CX4F507581 L44472 6 CATERPILLER 7.2 2004 200 1 SIGNAGE BERGEN SHOP 4CPXH0442HBK 8/19/1999

ELE - S - 46 - 6 2006 GMC 36,220 RACK W T/G 1GDP7E1326F402300 L98477 6 CATERPILLER 7.2 2006 210 ELECTRICAL ATLANTIC AV 6CPXH0442HBK 1/20/2006

ELE - S - 15 - 6 2006 GMC 35000 STAKE BODY 1GDP7E1326F430808 1'.122983 6 CATERPILLER 7.2 2006 210 CABLE 1114 ATLANTIC 6CPXH0442HBK 1/8/2007

ELE - S - 14 - 6 2006 GMC 36,220 SCISSOR LIFT 1GDP7E1336F402127 L98518 6 CATER PILLER 7.2 2006 210 15 CABLE 100 LOCUST AV 6CPXH0442HBK 1/24/2006

SUM - S - 74 - 4 2004 GMC 35,000 RACK 1GDP7F1344F520528 L54814 6 CATERPILLER 7.2 2004 200 4 MATL CONT ENY 4CPXH0442HBK 11/3/2004

SUT - E - 25 - 1 2001 GMC 36,220 DUMP SS/SP 1GDP7H1C91J514776 K13409 6 CATERPILLER 7.2 2001 215 SURF TRANS CASEY STENGEL 1CPXH0442HRK 12/28/2001

SFS - E - 7 - 5 2005 GMC 35,350 WRECKER 1GDP8C1C95F512244 L90758 6 CATERPILLER 7.2 2005 210 SUPPORT FLEET ENY 5CPXH0537HBK 7/28/2005

Page 1 of 2 Addendum No.5

Page 15: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class A

DIV PR1# YR MAKE IN-SERVOATEGVW MODEL VIN Photo # ENGINE FAMilYPLATE# #CYLINDEA ENG manufacturer EnD Year HP ASSIGNED TO GARAGED

ELE - S - 39 - 6 2006 10/25/2006GMC 35,000 LINE TRUCK 1GDP8E 1306F432263 M20418 6CPXH0442HBK6 CATERPILLER 7.2 2006 210 CABLE 100 LOCUST AV

ELE - S - 57 - 6 2006 11/25/1997GMC 35,000 LINE TRUCK lGDP8E1386F428915 M20417 CATERPILLER 7.2 100 LOCUST AV 6CPXH0442HBK6 2006 210 CABLE

TRK -S - 211 - 3 2003 CLIP TRUCK 6/11/2003FORD 33,000 3FDXW75H13MB05826 L77019 CONSTRUCTION WESTCHESTER YD. 3CPXH0442HBV6 CATERPILLER 7.2 2003 215

TRK -S - 212 - 3 2003 FORD 33,000 6/11/2003CLIP TRUCK 3FDXW75HX3MB05825 L77020 CONSTRUCTION WILLETS POINT 3CPXH0442HBV6 CATERPILLER 7.2 2003 215

INF - E - 74 - 6 2006 33,000 1/20/2006FORD RACK/CRANE 3FRXW75S46V232393 L98478 6CPXH0442HBK6 CATERPILLER 7.2 2006 200 HYDRAULICS SANDS ST

INF - E - 75 2006 FORD 33,000 RACK/CRANE 3FRXW75S66V232394 SANDS ST 6CPXH0442HBK 12/28/2005- 6 L98490 6 CATERPILLER 7.2 2006 200 HYDRAULICS

Page 2 of 2 Addendum NO.5

Page 16: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class B

DIV PRI # YR MAKE GVW MODEL VIN PLATE# itlCYUNDEF ENG manufacturer EnaYear HP Phalo# ASSIGNED TO GARAGED ENGINE FAMILY IN-SERVDATE

TRK -S - 24 - 99 1999 FRLlNER 31,000 VAN, BOX 1FV67FAA5XHB2981 0 Ll1949 6 CUMMINS 1999 215 FLEET OP LINDEN SHOP 3CEXH0505CAN

SFS -S - 19 - 99 1999 FRLlNER 31,000 RACK 1FV67FAAXXHB30242 L12444 6 CUMMINS 1999 215 CAP. CONSTRUCT MIDDLE VILLAGE 3CEXH0505CAN

SFS - E - 1 - 6 2006 STER. 37,600 CAR CARRIER 49HABVCY66RV80483 L98209 6 CUMMINS 2006 215 SUPPORT FLEET ENY 3CEXH0505CAN 912312005

Page 1 of 1 Addendum NO.5

Page 17: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class C

DIV PRI # YR MAKE GVW MODEL VIN PLATE# !tICYUNDEF ENG manufacturer EnoYear HP Photo # ASSIGNED TO GARAGED ENGINE FAMILY IN-SERVDATE

INF - S - 205 - 5 2005 GMC 35000 RACK 1GDP7F1366F401429 L98479 8 DURAMAX 2005 200 5 TRACK BERGEN ST 5S2XH07.84RB 12/1/2005

SUM - S - 94 - 5 2005 GMC 16,000 RACK 1GDC4C1255F514249 L86351 6 DURAMAX6.6 2005 200 SURF MTC P&E GLEASON DEP 5S2XH07.84RB 3/24/2005

SUM - S - 97 - 5 2005 GMC 16000 RACK 1GDC4C1285F514066 L86350 6 DURAMAX6.6 2005 200 SURF MTC P&E 131ST ST-BWY 5S2XH07.84RB 3/15/2005

STA - S - 112 - 5 2005 GMC 16500 WELDER 1GDE4E1225F518778 L85878 6 DURAMAX6.6 2005 200 STATION MTCE 30TH ST YD 5S2XH07•.84RB 4/22/2005

SUM - S - 87 - 5 2005 GMC 16500 WELDER 1GDE4E1285F518509 L85883 6 DURAMAX6.6 2005 200 SURF MTC P&E 131ST ST-BWY 5S2XH07.84RB 5/9/2005

TRK - S - 64 - 5 2005 GMC 16,500 WELDER 1GDE4E1285F518946 L86374 6 DURAMAX 6.6 2005 210 PROD EQUIP LINDEN SHOP 5S2XH07.84RB 4/19/2005

STA - S - 158 - 5 2005 GMC 25,200 VAN STEP 1GDJ6C 1305F527937 L98740 6 DURAMAX6.6 2005 200 23 STATION MTCE E180TH ST 5S2XH07.84RB 2/23/2006

STA - S - 162 - 5 2005 GMC 12,700 VAN,STEP 1GDJ6C1305F528022 L98751 6 DURAMAX6.6 2005 200 23 STATIONS E 180ST 5S2XH07.84RB 3/9/2006

STA - S - 161 - 5 2005 GMC 25,200 VAN,STEP 1GDJ6C1325F533898 M31711 6 DURAMAX6.6 2005 200 23 STATION 40 CONWAY ST 5S2XH07.84RB 7/14/2007

STA - S - 160 - 5 2005 GMC 25,200 VAN,STEP 1GDJ6C 1355F529943 L98474 6 DURAMAX6.6 2005 200 23 STATION MAINTENANCE 5S2XH07.84RB 3/30/2006

SUM - S - 85 - 5 2005 GMC 25,200 VAN STEP 1GDJ6C1395F533493 M23977 6 DURAMAX 6.6 2005 200 23 SURF MTC P&E GLEASON DEP 5S2XH07.84RB 6/20/2007

SUM - S - 83 - 5 2005 GMC 35,000 DUMP 1GDP7C1C65F526606 L98767 6 DURAMAX 6.6 2005 200 6 SURF MTC P&E 131ST ST-BWY 5S2XH0784RB 9/21/2005

STA - S - 121 - 5 2005 GMC 36,220 DUMP 1GDP8C1385F520304 L86388 6 DURAMAX6.6 2005 210 6 STATION MTCE CONWAY ST 5S2XH07.84RB 7/6/2005

STA - S - 10 - 5 2005 GMC 8,600 VAN, BOX 1GDP8E1305F528649 L98513 6 DURAMAX6.6 2005 200 MATL CONTROL QUAY ST 5S2XH0784RB 1/20/2006

TRK - S - 4 - 6 2006 GMC 16,500 RACK 1GDE4E 1236F429772 M20031 6 DURAMAX 7.8 2006 210 12 PROD EQUIP WCHESTER YO 5S2XH07.84RB 10/23/2006

SUM - S - 8 - 6 2006 GMC 16,500 RACK TRUCK 1GDE4E 1286F430027 M20407 6 DURAMAX 7.8 2006 210 12 9TH AVE 5S2XH07.84RB 10/17/2006

SUM - S - 7 - 6 2006 GMC 16,500 RACK TRUCK 1GDE4E12X6F429459 M19884 6 DURAMAX 7.8 2006 210 12 CMF lEREGA 5S2XH07.84RB 10/18/2006

ELE - S - 1 - 5 2005 GMC 25200 VAN,STEP 1GDJ6C1315F530491 L98716 6 DURAMAX 7.8 2005 200 CABLE 1114 ATLANTIC 5S2XH07.84RB 7/17/2006

ELE - S - 87 - 5 2005 GMC 25,200 VAN,STEP 1GDJ6C1325F530158 M13981 6 DURAMAX 7,8 2005 200 23 CABLE 1114 ATLANTIC 5S2XH07.84RB 4/5/1993

ELE - S - 88 - 5 2005 GMC 25,200 BOX, TRUCK 1GDJ6C 1335F527950 L98758 6 DURAMAX 7.8 2005 200 23 CABLE 100 LOCUST AV 5S2XH07.84RB 3/18/1993

TRK - S - 14 - 5 2005 GMC 25,200 STEPVAN 1GDJ6C1345F530033 L98787 6 DURAMAX 7.8 2005 200 23 CD II TRACK JAMAICA YD. 5S2XH0784RB 4/28/2006

ELE - S - 27 - 5 2005 GMC 25,200 VAN STEP 1GDJ6C1345F532140 M22940 6 DURAMAX 7.8 2005 200 23 CABLE 100 LOCUST AV 5S2XH07.84RB 1/24/2007

ELE - S - 31 - 5 2005 GMC 25,200 VAN,STEP 1GDJ6C1345F532302 M23839 6 DURAMAX 7,8 2005 200 23 CABLE 100 LOCUST AV 5S2XH07.84RB 3/21/2007

ELE - S - 13 - 5 2005 GMC 25,200 BOX TRUCK 1GDJ6C 1375F527630 L98230 6 DURAMAX 78 2005 200 CABLE 1114 ATLANTIC 5S2XH07.84RB 10/11/2005

ELE - S - 32 - 5 2005 GMC 25,200 VAN,STEP 1GDJ6C1375F532312 M23308 6 DURAMAX 7.8 2005 200 23 CABLE 1114 ATLANTIC 5S2XH0784RB 4/16/2007

ELE - S - 28 - 5 2005 GMC 25,200 VAN,STEP 1GDJ6C1375F532388 M22961 6 DURAMAX 7.8 2005 200 23 CABLE 1114 ATLANTIC 5S2XH07,84RB 31712007

ELE - S - 29 - 5 2005 GMC 25,200 VAN,STEP 1GDJ6C 1385F530262 M22917 6 DURAMAX 7.8 2005 200 23 CABLE 1114 ATLANTIC 5S2XH07.84RB 1/9/2007

ELE - S - 30 - 5 2005 GMC 25200 VAN,STEP 1GDJ6C1385F532190 M22954 6 DURAMAX 78 2005 200 23 CABLE 100 LOCUST AV 5S2XH07.84RB 2/23/2007

INF - S - 176 - 5 2005 GMC 25,200 BOX, TRUCK 1GDJ6C1395F527645 L98499 6 DURAMAX 78 2005 200 MOW PITKIN YD. 5S2XH07.84RB 1/6/2006

ELE - S - 89 - 5 2005 GMC 25200 STEPVAN 1GDJ6C13X5F533518 M23347 6 DURAMAX 7.8 2005 200 23 CABLE ATLANTIC AV 5S2XH0784RB 5/24/2007

Page 1 of 3 Addendum NO.5

Page 18: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No, IFB 49896 - NYCT DERA Vehicle Listing for Class C

DIV PRI # YR MAKE GVW MODEL VIN PLATE# 1# CYLlNDE~ ENG manufacturer EnoYear HP Photo # ASSIGNED TO GARAGED ENGINE FAMILY IN-SERVDATE

INF - S - 5 - 5 2005 GMC 35,000 DUMP 1GDP7C1C15F526450 L99537 6 DURAMAX 7.8 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07.84RB 9/20/2005

INF· - S - 4 - 5 2005 GMC 35,000 DUMP 1GDP7C 1C75F526243 L98521 6 DURAMAX 7.8 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07,84RB 9/9/2005

INF - S - 1 - 6 2006 GMC 35,000 GANG TRUCK 1GDP7E 1316F428970 M23986 6 DURAMAX 7,8 2006 210 9 INFSTRUCTURE TIFFANY ST 5S2XH07,84RB 6/28/2007

TRK - S - 11 - 6 2006 GMC 35000 STAKE BODY 1GDP7E1316F431643 R12572 6 DURAMAX 7,8 2006 210 12 TRACK MAINT LINDEN SHOP 5S2XH0784RB 1/29/2007

INF - S - 8 - 6 2006 GMC 35,000 GANG TRUCK 1GDP7E1326F405603 M31722 6 DURAMAX 7,8 2006 210 9 IRONWORKERS TIFFANY ST 5S2XH07,84RB 7/19/2007

INF - S - 11 • 6 2006 GMC 35,000 GANG TRUCK 1GDP7E1326F405682 M31744 6 DURAMAX 7,8 2006 210 9 IRONWORKERS TIFFANY ST 5SZXH07,84RA 10/12/2007

INF - S - 68 - 6 2006 GMC 35,000 GANG TRUCK 1GDP7E 1326F406735 M32720 6 DURAMAX 78 2006 200 INFRASTRUCTURE COZINE SHOP 5S2XH07,84RB 12/20/2007

INF - S • 73 - 6 2006 GMC 35,000 GANG TRUCK 1GDP7E1326F407724 M33295 6 DURAMAX 7,8 2006 200 IRONWORKERS COZINE 5S2XH07,84RB 1/8/1997

STA - S - 114 • 6 2006 GMC 35,000 STAKE/CRANE 1GDP7E1326F430145 M23809 6 DURAMAX 7,8 2006 210 STATION MTCE 14TH ST 5S2XH07,84RB 4/3/2007

STA - S - 185 - 6 2006 GMC 35,000 STAKE BODY 1GDP7E 1326F430954 M20043 6 DURAMAX 7.8 2006 210 18 STATION MTCE STILLWELL 5S2XH07,84RB 12/7/2006

TRK - S • 178 - 6 2006 GMC 36,220 SCISSOR LIFT 1GDP7E 1336F402421 L98778 6 DURAMAX 7,8 2006 210 5 TRACK MAINT PITKIN YARD 5S2XH0784RB 4/26/2006

INF - S - 23 • 6 2006 GMC 35,000 GANG TRUCK 1GDP7E1336F430459 M31743 6 DURAMAX 7,8 2006 210 9 IRONWORKERS TIFFANY ST 5S2XH07.84RB 10/11/2007

INF - S - 9 - 6 2006 GMC 35,000 GANG TRUCK 1GDP7E1356F406292 M32701 6 DURAMAX 7,8 2006 210 9 IRONWORKERS COZINE AVE 5S2XH07,84RB 10/30/2007

INF - S - 10 - 6 2006 GMC 35,000 GANG TRUCK 1GDP7E1356F428325 M23987 6 DURAMAX 7,8 2006 210 9 INFSTRUCTURE TIFFANY ST 5S2XH07,84RB 6/28/2007

SUM - S - 120 • 6 2006 GMC 35,000 STAKE 1GDP7E1356F430592 M20044 6 DURAMAX 7.8 2006 210 12 SURF MTC P&E 131ST ST-BWY 5S2XH07.84RB 12/13/2006

TRK - S - 13 - 6 2006 GMC 36,220 SCISSOR LIFT 1GDP7E 1386F401989 L98540 6 DURAMAX 7,8 2006 210 5 3RD RAIL 38TH ST YO 5S2XH0784RB 7/19/1994

STA - S - 190 - 6 2006 GMC 35,000 PLATF/CRANE 1GDP7E 1386F429963 M24086 6 DURAMAX 7,8 2006 210 STATION MTCE CONWAY ST 5S2XH07,84RB 8/29/2007

INF - S - 12 • 6 2006 GMC 35,000 STAKE BODY 1GDP7E1386F430294 M22918 6 DURAMAX 78 2006 210 18 SHOP SUPPORT BERGEN SHOP 5S2XH0784RB 1/17/2007

INF - S - 55 - 6 2006 GMC 35,000 STAKE BODY 1GDP7E1386F431011 M22905 6 DURAMAX 7,8 2006 200 12 SHOP SUPPORT BERGEN ST, 5S2XH07,84RB 1/8/2007

INF - S - 2 - 6 2006 GMC 36,000 GANG TRUCK 1GDP7E 1396F406599 M32721 6 DURAMAX 7,8 2006 210 9 INFRASTRUCTURE COZINE 5S2XH07,84RB 12113/2007

INF - S - 13 - 6 2006 GMC 35,000 GANG TRUCK 1GDP7E1396F428490 M31786 6 DURAMAX 7,8 2006 210 9 IRONWORKERS COZINGAVE 5S2XH07,84RB 10/25/2007

INF - S - 53 - 6 2006 GMC 35,000 GANG TRUCK 1GDP7E1396F428697 M32702 6 DURAMAX 7,8 2006 200 9 IRONWORKERS COZINE AVE 5S2XH07,84RB 10/25/2007

INF - S - 21 - 6 2006 GMC 35,000 STAKE BODY 1GDP7E1396F430689 M22932 6 DURAMAX 7,8 2006 210 MOW BERGEN SHOP 5S2XH07,84RB 1/17/2007

MDD - S - 50 - 4 2004 GMC 35,000 RACK 1GDP7F1304F520316 R14698 6 DURAMAX 7,8 2004 200 10 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07,84RB 1/13/2005

SUM - S - 93 - 4 2004 GMC 35,000 STAKE 1GDP7F1314F520504 L85837 6 DURAMAX 78 2004 200 4 SURF MTC GRAND AVE 5S2XH07,84RB 2/14/2005

MDD - S - 49 - 4 2004 GMC 35,000 RACK 1GDP7F1324F520382 M50134 6 DURAMAX 7,8 2004 200 10 SUPPL Y LOGISTICS 5504 MASPETH 5S2XH07,84RB 12/8/2004

FCS • S - 53 - 5 2005 GMC 35,000 STAKE 1GDP7F1326F400732 L98243 6 DURAMAX 7,8 2005 210 AFC MAINTENANCE 8THAV 5S2XH0784RB 4/18/2005

MOD - S - 51 - 4 2004 GMC 35,000 RACK 1GDP7F1354F520909 R14423 6 DURAMAX 7.8 2004 200 10 SUPPL Y LOGISTICS 5504 MASPETH 5S2XH07,84RB 1/13/2005

STA - S - 155 • 5 2005 GMC 36,200 DUMP 1GDP8C1305F519969 L86398 6 DURAMAX 7.8 2005 210 6 QUEENS ROOSEVELT AV 5S2XH07,84RB 7/13/2005

INF - S - 54 - 5 2005 GMC 36,220 DUMP 1GDP8C1315F515199 R14436 6 DURAMAX 7,8 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07,84RB 6/27/2005

Page 2 of 3 Addendum No, 5

Page 19: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class C

DIV PRI # YR MAKE GVW MODEL VIN PLATE# IICYLINDEf; ENG manufacturer Eng Year HP Photo # ASSIGNED TO GARAGED ENGINE FAMILY IN-SERVDATE

STA - S - 156 - 5 2005 GMC 36,220 DUMP 1GDPBC1375F520B27 LB637B 6 DURAMAX 7.B 2005 210 6 STATION CONWAY ST 5S2XH07.B4RB 6/23/2005

INF - S - 2B - 5 2005 GMC 36,220 DUMP 1GDPBC1395F520103 R14420 6 DURAMAX 7.B 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07.B4RB 6/20/2005

INF - S - 3 - 5 2005 GMC 36,220 DUMP 1GDPBC13X5F515072 LB63B2 6 DURAMAX 7.B 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07B4RB 6/2B/2005

TRK - S - 52 - 5 2005 GMC 36,220 VAN, BOX 1GDPBE1305F52B005 L9B472 6 DURAMAX 7.B 2005 210 TRACK MAINT WCHESTER YD 5S2XH07.B4RB 11/16/2005

TRK - S - 170 - 5 2005 GMC 35,000 CLIP TRUCK 1GDPBE1305F529414 M20400 6 DURAMAX 7.B 2005 200 TRACK JAMAICA YD. 5S2XH07.B4RB 10/17/2006

TRK - S - 51 - 5 2005 GMC 35,000 CLIP TRUCK 1GDPBE1315F53151 M31712 6 DURAMAX 7.B 2005 210 TRACK MAINT WCHESTER YD 5S2XH07.B4RB 7/31/2007

TRK - S - 176 - 5 2005 GMC 35,000 CLIP TRUCK 1GDPBE1345F530467 M22960 6 DURAMAX7.8 2005 200 TRACKMAINT ENY 5S2XH07.B4RB 3/8/2007

INF - S - 100 - 5 2005 GMC 35,000 TOWER TRUCK 1GDPBE1375F5300BB M2043B 6 DURAMAX 7.B 2005 210 5 IRON SOUTH BERGEN SHOP 5S2XH07.84RB 7/3/1992

TRK - S - 71 - 5 2005 GMC 35,000 CLIP TRUCK 1GDP8E1375F530897 M23309 6 DURAMAX 7.B 2005 210 CAPITAL CD-2 AYYD 5S2XH07.B4RB 4/25/2007

TRK - S - 67 - 5 2005 GMC 36,220 VAN, BOX 1GDP8E1395F52B407 L9B484 6 DURAMAX 7.8 2005 200 3 T-6 ZONE 1 PITKIN YD 5S2XH0784RB 12/9/2005

SIG - S - 16 - 5 2005 GMC 36,220 BOX, TRUCK 1GDPBF1355F52B216 L9B471 6 DURAMAX 7.B 2005 210 SUBWAY. SIGNAL 215TH ST 5S2XH07B4RB 11/16/2005

INF - S - 160 - 5 2005 GMC 35,000 RACK 1GDPBF1375F520456 L98480 6 DURAMAX 7.B 2005 210 5 COZINE BERGEN SHOP 5S2XH07.B4RB 12/2/2005

TRK - S - 177 - 6 2006 GMC 35,000 SCISSOR LIFT 1GP7E1356F401674 L98776 6 DURAMAX 7.B 2006 210 5 TRACK MAINT CORONA YD. 5S2XH07.B4RB 4/1B/1994

INF - S - 57 - 5 2005 ISUZU 35,000 RACK 4GTP7F1365F700209 LB5B61 6 DURAMAX 7.B 2005 200 IRONWORKERS COZINE AV. 5S2XH07.84RB 2/23/2005

RES - S - 58 - 5 2005 ISUZU 35,000 RACK RESERVE 4GTP7F13B5F700194 R2B734 6 DURAMAX 7.B 2005 200 CMF RECYCLING EASTCHESTER 5S2XH07B4RB 2/23/2005

MDD - S - 2B - 6 2006 GMC 35,000 STAKE BODY 4GTP8F1316F700844 M20419 6 DURAMAX 7.B 2006 210 1B SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.B4RB 11/6/2006

MDD - S - 29 - 6 2006 GMC 35,000 STAKE BODY 4GTPBF134F700823 M20445 6 DURAMAX 7.B 2006 210 1B SUPPL Y LOGISTICS 5504 MASPETH 5S2XH07.B4RB 11/21/2006

MDD - S - 59 - 6 2006 ISUZU 35,000 STAKE BODY 4GTPBF 1396F700B51 M22997 6 DURAMAX 7.B 2006 210 1B SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.B4RB 1/21/1997

MDD - S - 66 - 5 2005 GMC 35,000 RACK 1GDP7F1315F528488 R28682 6 ISUZU 2005 210 5 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.B4RB 9/B/2005

MDD - S - 47 - 5 2005 GMC 35,000 RACK 1GDP7F1365F528339 L9B149 6 ISUZU 2005 210 5 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.B4RB 8/31/2005

MDD - S - 62 - 5 2005 GMC 35,000 RACK 1GDP7F 13B5F52B701 L99500 6 ISUZU 2005 210 5 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07B4RB 8/31/2005

MDD - S - 2 - 5 2005 GMC 35,000 RACK 1GDPBF1305F520007 L9B49B 6 ISUZU 2005 210 5 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07B4RB 12/20/2005

MDD - S - 1 - 5 2005 GMC 36,220 BOX TRUCK 1GDP8F1315F528228 L9B247 6 ISUZU 2005 210 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07B4RB 11/15/2005

MDD - S - 52 - 5 2005 GMC 36220 VAN, BOX 1GDPBF1385F528713 L9B24B 6 ISUZU 2005 210 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.B4RB 11/3/2005

MDD - S - 17 - 4 2004 GMC 35,000 RACK 1GDP7F1324F52076B M50135 ISUZU 7.B 2004 200 10 SUPPLY LOGISTICS 5504 MASPETH 4SZXH07.B4RA 12/13/2005

Page 3 of 3 Addendum No. 5

Page 20: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class 0

DIV PRI # YR MAKE GVW MODEL VIN PLATE# "CyliNDER ENG manufacturer Eng Year HP Ph61o# ASSIGNED TO GARAGED ENGINE FAMILY IN-SERVDATE

SUM - S - 142 - 2 2002 MACK 36.220 CAR CARRIER 1FM2K194CX2M021234 K17660 6 MACK 2002 300 SURF MTC P&E GLEASON DEP 2MKXH11.9H59 10/12/2005

TRK - S - 54 - 5 2005 MACK 67.200 TRI-AX TRACTOR 1M1AG11Y75M023334 L86365 6 MACKA1350 2005 300 FLEET OP LINDEN SHOP 4MKXH11.9V67 3/24/2005

ELE - E - 2 - 4 2004 MACK 58.000 CBL PULLER 1M2AG11C44M012774 L55029 6 MACKA1350 2004 300 CABLE 1114ATLANTIC 4MKXH119V65 6/10/2004

ELE - E - 49 - 4 2004 MACK 58,000 CBL PULLER 1M2AG11C64M012775 L55030 6 MACKA1350 2004 300 CABLE 100 LOCUST AV 4MKXH11.9V67 6/16/2004

TRK -S - 130 - 5 2005 MACK 66,000 STAKE/CRANE 1M2AG11 C65M025575 L98199 6 MACKA1350 2005 300 17 3RD RAIL SEC 38TH ST YD 5S2XH07.84RB 9/20/2005

TRK - S - 3 - 5 2005 MACK 66000 STAKE 1M2AG11C75M025990 L98757 6 MACKA1350 2005 300 17 3RD RAIL 38TH ST YD 5S2XH0784RB 3/28/2006

STA - E - 82 - 6 2006 MACK 64000 REFUSE TRK 1M2AL02C96M003088 L98503 6 MACK A1350 2006 300 13 REFUSE 4TH AVE. 6MKVXH11.9V65 1/3/2006

SUT - E - 502 - 5 2005 MACK 68540 SNOWFGHTR 1M2K189C05M027695 L98238 6 MACKA1350 2005 300 16 SURF TRANS J GLEASON 5MKXH11.9V74 7/8/2013

SUT - E - 509 - 5 2005 MACK 68,540 SNOWFGHTR 1M2K189C05M027700 L98214 6 MACKA1350 2005 300 16 SURF TRANS FRESH POND 5MKXH11.9V65 9/9/2013

SUT - E - 506 - 5 2005 MACK 68,540 SNOW FGHTR 1M2K189C25M027696 L98227 6 MACK A1350 2005 300 16 SURF TRANS MANHVILLE 5MKXH119V65 7/8/2013

SUT - E - 503 - 5 2005 MACK 68,540 SNOWFGHTR 1M2K189C25M027701 L98228 6 MACKA1350 2005 300 16 SURF TRANS M. QUILL 5MKXH11.9V65 7/8/2013

INF - E - 14 - 6 2006 MACK 60,000 EMERGENCY 1M2K189C26M032012 M24082 6 MACKA1350 2006 300 INFRASTUCTURE SANDS ST 5MKXH11.9V67 8/2212007

SUT - E - 500 - 5 2005 MACK 68,540 SNOWFGHTR 1M2K189C45M027697 L98125 6 MACKA1350 2005 300 16 SURF TRANS 100TH ST 5MKXH11.9V65 7/8/2013

SUT - E - 501 - 5 2005 MACK 68540 SNOW FGHTR 1M2K189C45M027702 L98246 6 MACKA1350 2005 300 16 SURF TRANS WEST FARMS 5MKXH11.9V67 7/8/2013

INF - E - 31 - 6 2006 MACK 60,000 EMERGENCY 1M2K189C46M032013 M24081 6 MACKA1350 2006 300 INFSTRUCTURE SANDS ST 5MKXH11.9V67 8/22/2007

SUT -E - 507 - 5 2005 MACK 68540 SNOWFGHTR 1M2K189C65M027698 L98213 6 MACK A1350 2005 300 16 SURF TRANS ENY 5MKXH11.9V67 1/24/2006

SUT -E - 504 - 5 2005 MACK 68,540 SNOWFGHTR 1M2K189C65M027703 L98231 6 MACK A1350 2005 300 16 SURF TRANS KINGS BR. 5MKXH11.9V67 7/8/2013

SUT -E - 505 - 5 2005 MACK 68,540 SNOWFGHTR 1M2K189C75M027693 L98232 6 MACKA1350 2005 300 16 SURF TRANS GUN HILL 5MKXH11.9V74 7/8/2013

SUT -E - 508 - 5 2005 MACK 68,540 SNOWFGHTR 1M2K189C85M027699 L98215 6 MACK A1350 2005 300 16 SURF TRANS QVILLAGE 5MKXH11.9V74 8/1/2013

SUT - E - 510 - 5 2005 MACK 68,540 SNOWFGHTR 1M2K189C95M027694 L98239 6 MACKA1350 2005 300 16 SURF TRANS YUKON DEP 5MKXH11.9V67 7/8/2013

Page 1 of 1 Addendum NO.5

Page 21: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class E

DIV PR1# YR MAKE GVW MODEL VIN PLATE# #CYUNDEF ENG manufacturer EhgYear HP Photo # ASSIGNED TO GARAGED ENGINE FAMILY IN·SERV DATE

TRK -S - 153 - 3 2003 FRLlNER 60000 TRACTOR 1FUJALCG43LK26694 K17641 6 DETROIT 2003 350 21 FLEET OP LINDEN SHOP YDDXH08.5EJB 7/24/2002

TRK -S - 152 - 3 2003 FRLlNER 60,000 TRACTOR 1FUJALCG63LK26695 K17656 6 DETROIT 2003 350 21 FLEET OP LINDEN SHOP YDDXH08.5EJB 7/24/2002

TRK -S - 147 - 3 2003 FRLlNER 60,000 TRACTOR 1FUJALCG83LK26696 K17647 6 DETROIT 2003 350 21 FLEET OP LINDEN SHOP YDDXH08.5EJB 7/24/2002

TRK -S - 150 • 3 2003 FRLlNER 60,000 TRACTOR 1FUJALCGX3LK26697 K17648 6 DETROIT 2003 350 21 FLEETOP LINDEN SHOP YDDXH08.5EJB 7/25/2002

Page 1 of 1 Addendum No.5

Page 22: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class F

DIV PR1# YR MAKE GVW MODEL VIN PLATE# IICYUNOER ENG manufacturer Eng'Year HP Photo II ASSIGNED TO GARAGED ENGINE FAMILY IN-SERV DATE

SFS - S - 40 - 5 2005 FORD 9240 PARA BUS 1FDVVE35P25HA09516 R28711 8 FORD 2005 300 ENY DEPOT ENY DEPOT 4EG042CB Para Transit

MKT - S - 1 - 7 2007 FORD 14.050 VAN. CUTAWAY 1FDXE45P87DA92874 M24069 8 FORD F 450 2007 300 MARKETING 201 -17 BUSH ST 7EG042AB 8/21/2007

STA -S - 130 - 4 2004 FORD 17.500 UTILITY TRUCK 1FDAVV56P14EC41719 L54790 8 FORD F 550 2004 300 STATION MTCE E180TH ST 4EH042CB 9/28/2004

SIG - S - 18 - 4 2004 FORD 17.500 VAN. BUCKET 1FDAVV56P84EC41720 R12564 8 FORD F 550 2004 300 CONSTRUCT. SUPP. STILLVVELL AV 4EH042CB 121712001

CES - S - 11 - 4 2004 FORD 17.500 UTILITY TRUCK 1FDAVV56PX4EC41718 L54788 8 FORD F 550 2004 300 BUS/ELECT MTC 2020 BROADVVAY 4EH042CB 9/28/2004

CES - S - 14 - 4 2004 FORD 17,500 UTILITY TRUCK 1FDAVV56PX4EC41721 L54787 8 FORD F 550 2004 300 SUB/ELECT MTC 2020 BROADVVAY 4EH042CB 9/28/2004

INF • S - 34 - 6 2006 FORD 16.000 WELDING TRUCK 1FDXVV46P76EA99397 L98544 8 FORD F-450 2006 300 IRONVVORKERS COZINEAV. 6EG042AB 216/2006

INF - S - 135 - 6 2006 FORD 16.000 STAKE 1FDXVV46PX6ED09605 M13929 8 FORD F-450 2006 300 STRUCTURES COZINE SHOP 4EG042AB 7/17/2006

STA -S - 159 - 6 2006 FORD 17,950 BUCKET TRUCK 1FDAVV56P26EA18544 L98502 8 FORD F550 2006 300 STATION MTCE ROOSEVELT AV 6EG042CB 1/1212006

STA - S - 202 - 6 2006 FORD 33,000 CRANE TRK 3FRXVV75S26V232392 L98514 8 FORD F550 2006 300 STATIONS MTCE. HOYT-SCHMER 5S2XH0784RB 1/19/2006

Page 1 of 1 Addendum NO.5

Page 23: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class G

DIV PR1# YR MAKE Photo #GVVV MODEL VIN PLATE# I#CYLINDE~ HP ASSIGNED TO ENGINE FAMILY IN-SERVDATEENG manufacturer EngYl!~r GARAGED

4 2004 MACKSFS - E - 2 ­ 50.400 WRECKER 1M2P266C04M067284 L94415 300 SUPPORT FLEET 3F0066 12/4/20036 MERCEDES 2004 ENY

MKT - S - 3 ­ 3 2003 FRLlNER 9.990 SPRINTER WD2YD442735491845 L44435 5 2003 154 CUSTOMER INFORM 201 -17 BUSH ST 3MBXH637DJC 12/12/2003MERCEDES

SFS - S - 30 ­ 3 2003 KEN-W 28,594 WRECKER 1NKDHU9X63J705979 L90314 2003 380-500 SUPPORT FLEET 1997 BROADWAY 2KS61721 9/8/20096 PACCAR

STA 98 1998' VOLVO -S - 146­ 58,800 4VMDCKBE5WN758526VACUUM TRUCK L45401 1998 300 STATION MTCE STILLWELL AV 2VTXH07.350S6 VOLVO

STA -S - 213­ 1 2001 INT'L 35,000 CLIP 1HTSCABR71 H338356 K18831 INTERNATIONAL 2001 STILLWELL AV 8 210 STATION MTCE 1NVXH0530ACT 5/23/2001

Page 1 of 1 Addendum No.5

Page 24: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 25: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 26: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 27: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 28: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

MTA - NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, N.Y. 10004

DIVISION OF MATERIEL www.mta.info/nyctlprocure/nyctproc.htm

0000049896 NOTICE

-OF­

ADDENDUM ADDENDUM #3

BID OPENING/DUE DATE: APRIL 04, 2014

273998

Page 29: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

2 Broadway Carmen Bianco New York, NY 10004 President

I)New York City Transit

Division of Materiel March 14,2014

ADDENDUM NO.3 Contract No. IFB 49896

Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

TO ALL PROSPECTIVE PROPOSERS:

The NEW due date for the receipt of Bids is Friday, April 4, 2014 at 2:00 PM at the location specified in the Bid documents.

You are hereby notified of the following changes to the Contract.

I. Changes to Contract Documents

• Remove existing "Important Notice To Bidders" and replace it with the attached revised "Important Notice To Bidders" marked Addendum No.3. This section was revised to include information regarding the Metropolitan Transportation Authority Vendor Code of Ethics, and that vendor payments under this Contract will be made by the MTA Business Service Center via an Automated Clearing House (ACH).

• Remove existing "Information For Bidders" page no. 16 and replace it with the attached revised "Information For Bidders" page no. 16 marked Addendum No.3 which now includes updated information added to paragraph 27 regarding the Metropolitan Transportation Authority Vendor Code of Ethics.

• Remove existing "Specific Contract Provisions" and replace it with the attached revised "Specific Contract Provisions" marked Addendum No.3 which now includes the following changes: Article 104: under paragraph A the number of vehicles covered under the Contract was reduced from 171 to 164 for NYCT. The number of vehicles required to undergo data logging assessment for Best Available Retrofit Technology (BART) was increased from 32 to 75, comprised of 63 vehicles for NYCT and 12 vehicles for Metro-North. Under paragraph C new third, fourth and fifth sentences were added which state "The Contractor shall have fourteen (14) calendar days from return of each vehicle to complete the data logging for that vehicle and submit to the Authority the required data analysis and report and the Contractor's recommendation of the proper BART system. If it is determined that sufficient vehicle run time has not been attained in accordance with CARB requirements and that additional vehicle run time is required, the fourteen (14) calendar day requirement will be extended upon verification of the run time data by the Project Manager. The Contractor shall be responsible for providing the Project Manager with the required data establishing that sufficient vehicle run time has not been attained." Paragraph E was revised to read as follows: "Once the data logging for a truck type/engine manufacturer/vehicle year category has been completed the Contractor shall submit to the Authority a detailed work order listing all qualified OEM BART Retrofit equipment for that category along with their respective pricing. Once the Authority has selected one of the qualified BART Retrofit equipment recommended by the Contractor. and has notified the Contractor of its selection, the Contractor shall have forty-five (45) calendar days to design, fabricate and install a prototype System for that category." Article 108: Paragraph F has been added to provide information regarding the use of an Automated Clearing House (ACH) when paying vendor invoices. Article 113: Paragraph A, the total amount of sublet Work has been changed from thirty percent (30%) to fifty percent (50%) of the total Contract amount.

Remove existing "Scope of Work" and replace it with the attached revised "Scope of Work" marked Addendum No.3 which now includes the following changes: Section 1, last sentence was changed to read "The affected fleets represent 1998 - 2008 truck years ..." Section 2 (b) the first sentence was changed to read "Supply and Install BART, per manufacturer's guidelines, on 176 Heavy Duty Diesel Vocational

Page 30: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No 1FB 49896 Addendum No.3 March 14,2014

Trucks comprised of 164 vehicles for NYCT and 12 vehicles for Metro-North". Section 3 (d) & (e) were changed to remove the need for spare units. Section 4 U) "Maintenance Software for the system installed by the Contractor shall be provided to the Project Manager" was added. Section 5 "Affected Fleets: For New York City Transit" the quantities listed in the table were revised and changed the total number of vehicles listed in the table from 171 to 164 vehicles. Section 12, fourth paragraph, at. the end of the fourth sentence the following passage was added "or to the Metro-North Automotive Department at (914) 271­1921." Section 12, in the fifth and sixth sentences the initials "NYCT" were replaced with "Authority" to mean both NYCT and Metro-North. Section 13, first sentence the initials "NYCT" were replaced with "Authority" to mean both NYCT and Metro-North.

• Remove existing "Schedule A" and "Schedule Y" and replace them with the attached revised updated versions of "Schedule A" and "Schedule Y" both marked Addendum No.3.

• Remove existing Bid section including Price Schedule and replace it with the Bid section marked Addendum No.3 which now includes updated information added to paragraph M regarding the Metropolitan Transportation Authority Code of Ethics and revised Price Schedules marked Addendum No.3 inclusive of newly introduced "Classes A, B, C, D, E, F & G" for NYCT vehicles and "Class H" for Metro-North vehicles.

• Remove existing "DERA Retrofit Vehicle Listing" marked Addendum No.2 and replace it with the' attached "NYCT DERA Retrofit Vehicle Listing" marked Addendum No.3, Attachment 4, which now includes Engine Family Numbers (Engine Family) and Gross Vehicle Weight (GVW) for NYCT vehicles to be retrofit under Classes A through G.

• Please insert Attachment 5 "MTA Vendor Code of Ethics".

II. The following are questions received and the corresponding answers to those questions, which are made part of this Contract: (answers appear in Bold.)

Ql. The contract calls for 30 percent subcontracting, due to the specialized equipment would it be possible to increase the percentage to allow the use of authorized dealers for the engine inspection and possible repairs? Along the same lines the 20 percent set aside (MBE 10% / WBE 10%) will be almost impossible to accomplish due to the special nature of this project, is that requirement open for review and change?

Al. - Subcontracting under this Contract has been increased to 50% which shall include the 10% MBE and 10% WBE goal requirements. See revised Article 113 of the Specific Contract Provisions. MBE and WBE goals remain unchanged.

Q2. Would it be possible to examine the vehicles involved in this bid for us to determine the space available for installing the new devices, or are there photos we could review?

Al. - Yes, Bidders are to review the attached "Attachment 4, NYCT DERA Retrofit Vehicle Listing" included in this addendum and marked Addendum No.3 and Attachment 3, Metro-North Fleet Details to determine which vehicles they need to see to determine the space available for installing the new devices. Bidders are to e-mail the list of vehicles (to be identified by Class letter and the vehicle year, make and vehicle identification number) that need to be seen to [email protected] no later than the close of business on Friday, March 21, 2014.

Q3. Is there a list of the engines, Engine family numbers and horsepower of the units, we will need that data to determine the correct emission device?

Page 2 of8

Page 31: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No IFB 49896 Addendum No.3 March 14.2014

A3. - Yes, Bidders can find this information in "Attachment 4, NYCT DERA Retrofit Vehicle Listing" marked Addendum No.3 and "Attachment 3, Metro-North Fleet Details".

Q4. In the scope of work section under 2(a) it states that we must collect backpressure data to determine the applicable device. This needs to be removed as we only need the exhaust temperature.

A4. - The exhaust backpressure requirement is in place to ensure that the Contractor collects valid operating data for BART system selection. However, if the Contractor provides proof that the data logging system meets regulatory requirements, the contractual exhaust backpressure requirement will be waived.

Q5. Will there be a more detailed fleet list for the NYCTA vehicles? The Metro North Rail Road list provided is a good example of what's required. It is critical that the engine family name (EFN) and horsepower are provided for each vehicle group as this information tells us what size of filter is required.

A5. - Yes, see answer to Question 3 above.

Q6. Bid document should make reference to a minimum of 48 hrs. of run time during the data logging period regardless of how many days this may take. Products verified by CARS have a 48 hr. engine run time requirement which must be adhered to if a vendor plans to supply a CARS verified product.

A6. - See revised Article 104, paragraph C of the Specific Contract Provisions. The following new third, fourth and fifth sentences were added "The Contractor shall have fourteen (14) calendar days from return of each vehicle to complete the data logging for that vehicle and submit to the Authority the required data analysis and report and the Contractor's recommendation of the proper BART system. If it is determined that sufficient vehicle run time has not been attained in accordance with CARB requirements and that additional vehicle run time is required, the fourteen (14) calendar day requirement will be extended upon verification of the run time data by the Project Manager. The Contractor shall be responsible for providing the Project Manager with the required data establishing that sufficient vehicle run time has not been attained." Additionally, [Final Regulation Order (California Code of Regulations, Title 13, Division 3) Chapter 14 Page 52 (D)] states: "The exhaust gas temperature of the candidate engine must be measured and recorded for a period that is long enough to determine the exhaust gas temperature profile associated with the candidate engine's duty cycle, but not less than 24 hours of representative, actual engine run time..."

Q7. Data logging will be required for a minimum 20% of each vehicle group. Vehicle group is defined as a group of vehicles that have the same engine family name, horsepower and duty cycle. Any variation in engine model year, horsepower, and/or duty cycle would be considered a separate vehicle group.

A7. - Vehicles will be made available for Data Logging as required to conform with current regulations. Also, see answer to Question No. 17 below.

Page 3 of8

Page 32: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No IFB 49896 Addendum No.3 March 14,2014

Q8. Please confirm the actual number of one-way trips that will be required for engine check, data logging, installation etc.?

A8. - One-way transportation of vehicles may consist of the following:

1. Bring vehicle to Contractor for Engine Check and Data Logging Equipment installation. 2. Return to service to colJect data. 3. Return to Contractor to remove Data Logging Equipment and evaluate data. 4. Return to service until required BART kit is available for installation. 5. Return to Contractor to install system kit. 6. Return vehicle to service with approved BART system.

Q9. Article 106 "Warranty" Section C - Please include "failure to meet OEM specified maintenance intervals" as possible grounds for warranty denial?

A9. - No. The Authority will follow OEM recommended service intervals to maintain warranty.

QlO. What is the objection to plug-in systems? They offer the best passive/active solution for Municipal type mixed duty cycles and only require plug-in on "an as required basis".

AIO. - Infrastructure is not present at many Authority locations which does not allow for the use ofplug-in systems.

Qil. How is approval for the use of plug-in systems granted by the Project Manager?

All. - In the event that for a particular vehicle there is no known self-contained stand alone system to meet DERA, the use of a plug-in system may be considered on a case-by­case basis and will require the approval of the Project Manager. The cost of a plug-in system shall be based on the applicable hourly rate for labor and mark-up/discount rates for material contained in the Price Schedule subject to a final negotiated and approved price by the Project Manager.

Q12. Please provide a copy ofNYCTA backpressure and data log standard as identified in the bid?

A12. - See answer to Question 4 above.

Q13. Will samples ofthe different vehicles be made available to inspect to confirm fit of a level 3 device prior to the bid due date? A portion of the vehicles under this bid may be exempt due to lack of space needed for a level 3 device.

A13. - Yes, see answer to Question 2 above.

Q14. Will a list be provided that gives the engine EPA Family number and horse power of each vehicle prior to the bid due date? This is needed to determine verified devices for each engine family and sizing of the device based on exhaust flow.

Page 40f8

Page 33: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No IFB 49896 Addendum No.3 March 14,2014

A14. - Yes, see answer to Question 3 above.

Q15. Article 105 section B: Data Logging results must be provided 14 days from the return of the vehicle. CARB requires 24 hours of engine run time data to meet the requirements of the executive order which may not happen in 14 days. How will this be addressed?

A15. -The Contractor shall adhere to revised Article 104 Section C and Article 105 Section B. The Contractor shall have fourteen (14) calendar days from return of each vehicle to complete the data logging for that vehicle and submit to the Authority the required data analysis and report and the Contractor's recommendation of the proper BART system. If it is determined that sufficient vehicle run time has not been attained in accordance with CARB requirements and that additional vehicle run time is required, the fourteen (14) calendar day requirement will be extended upon verification of the run time data by the Project Manager. The Contractor shall be responsible for providing the Project Manager with the required data establishing that sufficient vehicle run time has not been attained. The Authority will allow any data-log time necessary to ensure proper readings.

Q16. If it is found that a group of similar vehicles do have high enough exhaust temperature for a passive device from the sample that was data logged, all of the vehicles in that group must be data logged as retrofit device manufactures require all vehicles being retrofitted with a passive device be data logged. They do not allow us to data log just a portion of the group. How will this be addressed?

A16. - Regulatory requirements allow data log sampling of groups of similar engines. However, the Project Manager may allow individual vehicle sampling as needed if the Contractor provides proof that retrofit equipment manufacturer has this requirement.

Q17. What is the procedure to download the information from the data logger to determine that it operated as required and has the sufficient amount of exhaust temperature data needed?

A17. - Retrofit equipment manufacturer and Regulatory requirements shall be used as primary sources to guarantee that the proper amount of data is collected.

Q18. Under Scope of Work item (2) it states that contractor needs to collect exhaust system temperature and back-pressure data prior to system installation so the proper system can be selected. The normal and most widely used means of data logging only measures exhaust system temperature not back-pressure. Back pressure measurements are normally part of the BART system once installed so the system knows when the DPF needs cleaning.

Please clarify if both are mandatory under this contract for system selection or if exhaust temperature measurement alone will be allowed.

A18. - See answer to Question No.4 above.

Q19. Could NYCTA please supply a complete fleet listing with EFN info?

A19. - Yes, see answer to Question No.3 above.

Page 50f8

Page 34: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No 1FB 49896 Addendum No.3 March 14,2014

Q20. In light of the variety of vehicles, engines and applications, multiple brands and technologies of DPF equipment will most likely be needed. Proposers for this contract that have the ability to do the engine work will most likely have access to only 1 or possibly 2 brands of DPF Filters. DPF filter specialists that have a broad range of equipment brands and technologies do not necessarily have the engine work capabilities. Based on this, could the engine inspection and service work be separated from the DPF evaluation and installation portion?

A2O. - No, however, the engine Work can be subcontracted. See answer to Question No. 1 above for subcontracting limits.

Q2l. If the contract will not be split, will the allowable subcontracting percentage be increased?

A2l. - See answer to Question No.1 above.

Q22. If engine work needs to be performed, will the 14 day tum around requirement be increased by the number of days the engine work will take?

A22. - Yes - Required engine Work will be monitored by the Project Manager. Completion times and book rate times for various repairs will be used as a guide for estimated completion times. .

Q23. In what manner will the contractor have access to the MIDAS/SPEAR system?

A23. - Spear system access will be made available to the Contractor remotely upon approval by the Authority's SPEAR group. If this cannot be facilitated, the Authority will make arrangements to capture the data in the SPEAR system. The required data shall then be supplied by the Contractor in a digital format to comply with all State and Federal regulations.

Q24. Will the spare filter requirement be removed from the specifications?

A24. - Yes, see attached revised "Scope of Work" marked Addendum No.3 "Section 3."

Q25. In order to properly data log and obtain the manufacturer's warranty of DPF equipment, the subject fleet must have a minimum of 24 hours of vehicle operations logged per vehicle type. After the prescribed time to perform the data logging has elapsed, if it is determined that not enough data has been collected, will the contractor be granted an extension of time to complete the data logging?

A25. - Yes, see answer to Question No. 16 above.

Q26. The list of vehicles to be data logged does not appear to be completely representative of the fleet population. The list of vehicles for data logging would have to be changed to insure that each vehicle type, EFN, and application is properly represented to insure that the BART is used and the manufacturer will warranty that equipment. Who will be modifying the list to be data logged?

Page 60f8

Page 35: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No IFB 49896 Addendum No.3 March 14,2014

A26. - All vehicles will be made available for data logging if needed to be in compliance with current regulations. Also, see answer to Question No. 17 above.

Q27. The specs call for data logging temperature and back pressure on the vehicles before the retrofit is performed. Backpressure data logging on the exhaust system that is being replaced is a waste of time and effort. The temperature logging is all that will provide meaningful data that can be used to determine BART. Can that part ofthe requirement be removed?

A27. - See answer to Question No.4 above.

Q28. Some aftermarket DPF systems backpressure monitoring systems do not directly interface with the check engine light. They would have a dash mounted indicator/annunciator. Is that an acceptable alternative?

A28. - A dash mounted indicator/annunciator would be acceptable provided that it does not void any OEM Engine Manufacturer's warranty. .

Q29. The specific contract provisions on Article 105.B.2 specify that after 14 days from return of the vehicle to complete the data logging, the analysis report must be submitted. There is no time provision for retrieving the logger. If the vehicle is returned to transit with the data logger installed, does the 14 days start when the data logger has been recovered from the vehicle with the data?

A29. - No. The Contractor shall adhere to revised Article 104 Section C and Article 105 Section B. The Contractor shall have fourteen (14) calendar days from return of each vehicle to complete the data logging for that vehicle and submit to the Authority the required data analysis and report and the Contractor's recommendation of the proper BART system. If it is determined that sufficient vehicle run time has not been attained in accordance with CARB requirements and that additional'vehicle run time is required, the fourteen (14) calendar day requirement will be extended upon verification of the run time data by the Project Manager. The Contractor shall be responsible for providing the Project Manager with the required data establishing that sufficient vehicle run time has not been attained. Also, see answer to Question 15 above.

Q30. Please confirm that Item 6 on the scope of work designating the inlet and outlet having a "flanged connection" to facilitate maintenance refers to the center body of the DPF filter assembly. The inlet and outlet hat (Inlet and outlet housing) of the DPF filter will have standard slip fit and clamp connections to the balance of the exhaust system.

A30. - The "flanged connection" refers to the inlet and outlet housing as well as the filter and catalyst sections. The intent is to be able to remove sections or the entire assembly from the vehicle without the need to burn or cut any portion of BART. However, if the Contractor proposes an alternative method that is acceptable to the Project Manager the requirement may be waived.

Q31. Will the bidders have access to the subject vehicles to assess mounting requirements, before bidding?

Page 7 of8

Page 36: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No IFB 49896 Addendum No.3 March 14,2014

A31. - See answer to Question No.2 above.

Please be advised that Addenda notification is sent via email to the email address each firm provided in the Bid Document Order Form. Bidders may obtain copies of all Addenda on the NYC Transit website at http://web.mta.info/nyctlprocure/rfppage.htm.

Reminder: Be sure to acknowledge this Addendum in your bid. Failure to do so may result in rejection of your Bid.

7~:Lb+;L.-4ert H. Rose ­

Contract Supervisor Materiel Division

Page 8 of8

Page 37: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

NEW YORK CITY TRANSIT AUTHORITY

Division of Materiel

Contract # IFB 49896

Addendum No.3

IMPORTANT NOTICE TO BIDDERS

Operating Contract Addendum No.3 1/14

Page 38: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

NEW YORK CITY TRANSIT AUTHORITY IMPORTANT NOTICE TO BIDDERS Division of Materiel

The attention of all bidders and prospective bidders is hereby drawn to important provisions relating to the following requirements:

METROPOLITAN TRANSPORTATION AUTHORITY VENDOR CODE OF ETHICS

The Metropolitan Transportation Authority has revised its Vendor Code of Ethics (the "Code"), and all Bidders will certify in their Bid as per Paragraph M of the Bid regarding their receipt of the Code, that they will comply with its provisions, and will provide the Code to their employees and will obtain their employee acknowledgment of receipt. Additional information concerning these requirements is contained in Paragraph M. The revised Code has been included in the solicitation documents.

PAYMENTS VIA ACH

The Bidder's attention is directed to ARTICLE 108 PRICE TO INCLUDE / INVOICES AND PAYMENTS / PAYMENTS VIA ACH of the SPECIFIC CONTRACT PROVISIONS, which provides that all payments to the Contractor under this Contract will be made by the MTA Business Service Center ("MTA BSC") via an Automated Clearing House ("ACH") designated by the MTA BSC.

COMPLIANCE WITH SECTION 1269-g OF THE PUBLIC AUTHORITIES LAW

If this Contract includes elements of public work, SCHEDULE L, New York State Contract Provisions - Construction, will be appended. SCHEDULE L has been revised to include provisions implementing Section 1269-g of the Public Authorities Law, which requires both our contractors and their subcontractors to take affirmative steps to notify their employees of the relevant provisions of Chapter XIII of the State Finance Law (the New York False Claims Act) that are designed to protect the public from the filing of false claims and to provide a civil forum to commence actions relating to any such claim. Please be advised that material compliance with Section 1269-g is a material condition of payment for both contractors and subcontractors under this Contract. See ARTICLE 7 of SCHEDULE L for the applicable provisions.

NEW YORK STATE EXECUTIVE ORDER 134

In accordance with New York State Executive Order 134, the Authority is encouraging its Contractors/Consultants and their Subcontractors/Subconsultants and Suppliers, to select and procure environmentally preferred cleaning products. For more detailed information, including lists of approved "green" products see the New York State Office of General Services website: http://www.ogs.state.ny.us/bldgadmin/environmental/ProductLists.html.

NEW YORK STATE LOBBYING LAW OF 2005

Chapter 1 of the Laws of 2005, as amended by Chapter 596 of the Laws of 2005 (collectively referred to as the "Lobbying Law"), was signed into law by Governor George Pataki in August 2005. The Lobbying Law makes major changes to the Legislative Law and State Finance Law, which regulate lobbying on government procurement initiatives. In particular, the Lobbying Law

1/14 Operating Contract Addendum No.3 Page i

Page 39: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IMPORTANT NOTICE TO BIDDERS

creates two new sections in the State Finance Law: Section l39-j to address restnctions on "contacts" during the procurement process; and Section l39-k to address the disclosure of contacts and the responsibility of bidders and proposers during procurements. These sections are effective as of January 1, 2006.

SCHEDULE W, COMPLIANCE WITH NEW YORK STATE'S STATE FINANCE LAW SECTIONS 139-j AND 139-k, is attached and made part of this solicitation package in compliance with the Lobbying Law. For additional information, all Bidders/Proposers are urged to contact the New York State Office of General Services at (518) 474-5607, or access their website: http://www.ogs.state.ny.us/aboutOgs/regulations/defaultAdvisoryCouncil.html.

CONTRACTOR PERFORMANCE EVALUATION

Contractor performance will be evaluated by the Project Manager until completion or termination of the Contract. The quality of contractor performance in a number of areas will be rated, at a minimum, as satisfactory, needs improvement, unsatisfactory, or not applicable. When evaluations are rated less than satisfactory, contractors will be notified. These notifications shall identify deficient areas in contract performance and afford the Contractor the opportunity to correct or present its position concerning items that were reported to be deficient. Each Contractor Performance Evaluation with correspondence documenting deficient performance will be made available to the MTA and affiliated Agencies for use in the Determination of Contractor Responsibility on future contracts. Contractors that are determined to be not responsible will not be eligible for Contract award.

POST-EMPLOYMENT RESTRICTIONS ON FORMER EMPLOYEES

The State Ethics in Government Act, specifically, Public Officers Law section 73(8), prohibits (subject to certain exceptions) former employees from working as consultants or contractors or as employees to consultants or contractors on Transit Authority projects for a period of two years from his or her separation from Transit Authority employment. In addition, such former employees are permanently barred from working on any matter with which that employee was directly involved while a Transit Authority employee. If you are a former Transit Authority employee or you are planning to include a former Transit Authority employee as a member of the project team on any Bid or Proposal, that former employee should call the State Ethics Commission, 1-518-432-8207, to determine whether the post-employment restrictions referenced above would bar the former employee's work on the project. For any former employee proposed for a project, we require a statement that hislher employment on the project is not prohibited by the Ethics in Government Act.

Operating Contract Addendum No.3 Page ii 1/14

Page 40: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

INFORMATION FOR BIDDERS

F. The Authority is required to collect specifications of New York State business enterprises to be used in the development of specifications for the purchase of goods. To assist New York State business enterprises that wish to submit their specifications to the Authority, a copy of the "Stock Item Specification Form" may be obtained from:

New York City Transit Authority 2 Broadway, Stone Street Entrance

New York, NY 10004 Attention: Bid Administration Unit

Hours: Monday - Friday 9:00 a.m. - 4:00 p.m., excluding holidays Phone: (646) 252-6101 Fax: (646) 252-6108/6109

G. Bidders located in a foreign country are notified that the State may assign or otherwise transfer offset credits created by any procurement contract of $1,000,000 or more to third parties located in New York State, and that Bidders shall be obligated to cooperate with the State in any and all respects in making such assignment or transfer, including but not limited to, executing any and all documents deemed by the State to be necessary or desirable to effectuate such assignment or transfer, and using their best efforts to obtain recognition and accession to such assignment or transfer by any applicable foreign government.

H. Bidders are hereby notified that state agencies and authorities are prohibited from entering into contracts with businesses whose principal place of business is located in a discriminatory jurisdiction. "Discriminatory jurisdiction" is defined as any other country, nation, province, state or political subdivision which employs a preference or price distorting mechanism to the detriment of, or otherwise discriminates against, a New York state business enterprise in the procurement of commodities and services by the same or a non-governmental entity influenced by the same. A list of discriminatory jurisdictions is maintained by the commissioner of the NYS Department of Economic Development.

26. RECYCLED PRODUCTS

Pursuant to Section 2878-a of the Public Authorities Law, all purchases of printing on recycled paper shall contain the official New York State recycling emblem established pursuant to subdivision two of Section 27-0717 of the New York State Environmental Conservation Law and Regulations, if such paper has been approved by the Department of Environmental Conversation as satisfying the requirements of such statute and regulations; or if such paper has not been approved, the printed material is to include a printed statement which indicates the percentage of pre-consumer recycled material content of the paper.

27. METROPOLITAN TRANSPORTATION AUTHORITY VENDOR CODE OF ETHICS

Bidder's Certification of Compliance with the MTA Vendor Code of Ethics (the "Code"): All Vendors, as defined by the Code, involved in this Solicitation and during the performance of any resultant contract are subject to the Code, which is available for Bidder's immediate review in the Bid Solicitation Package and on the MTA website at http://www.mta.info/mta/compliance/pdf/Vendor Code of Ethics.pdf. Accordingly, all Bidders must certify compliance with the Code in the Bid, which includes the Certification of Compliance with the MTA Vendor Code of Ethics.

[END OF SECTION]

1/14 Operating Contract Addendum No.3 Page 16

Page 41: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

NEW YORK CITY TRANSIT AUTHORITY SPECIFIC CONTRACT PROVISIONS Division of Materiel Addendum No.3

ARTICLE

ARTICLE 101 ARTICLE 102 ARTICLE 103 ARTICLE 104 ARTICLE 105 ARTICLE 106 ARTICLE 107 ARTICLE 108 ARTICLE 109 ARTICLE 110 ARTICLE 111 ARTICLE 112 ARTICLE 113

TABLE OF CONTENTS

PAGE

DEFINITIONS 1 PROJECT DESCRIPTION 4 TERM OF CONTRACT 4 TIME FOR COMPLETION AND DELIVERY 4 LIQUIDATED DAMAGES FOR DELAY 5 WARRANTY , 6 RISK OF LOSS TO THE WORK ' 7 PRICE TO INCLUDE / INVOICES AND PAYMENTS 7 FEDERAL DRUG AND ALCOHOL TESTING REQUIREMENTS 10 ASIAN LONGHORNED BEETLE 10 ACCEPTANCE AND REJECTION 11 PARTS REPROVISIONING 11 SUBCONTRACTS 12

10/13 Operating Contract 571182vl

Page 42: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

ARTICLE 101 DEFINITIONS

A. The following terms used in this Contract shall, except where, by the context, it is clear that another meaning is intended, be construed as follows:

1. "Addenda" or "Addendum" shall mean the additional Contract provisions relating to the Contract issued in writing by the Authority prior to the Award Date.

2. "Authority" or the initials "T.A.", "NYCT", or "N.Y.C.T.A." shall mean the New York City Transit Authority, a public benefit corporation existing by virtue of the Public Authorities Law Title 9 of Article 5 and any other authority, board, body, commission official or officials to which or to whom the powers now belonging to the said Authority in respect to the location, construction, equipment, maintenance and operation of transit facilities shall by virtue of any act or acts, hereinafter pass or be held to appertain. The term "Authority" as used herein shall also refer to Metro North Commuter Railroad Company (MN).

3. "Award Date" shall mean the date the Notice of Award is issued.

4. "CARB" shall mean the California Air Research Board.

5. "City" shall mean the City of New York, according to its boundaries at the date of this Contract.

6. "Contract", "Contract Documents" or "Agreement" shall mean the ATTACHMENTS, APPENDIX, BID, CONTRACT TESTIMONIUM, GENERAL CONTRACT PROVISIONS, INFORMATION FOR BIDDERS (lFB), SPECIFIC CONTRACT PROVISIONS, SCHEDULES deemed included (if any), TECHNICAL SPECIFICATIONS (if any), FORMS OF BONDS (if any), CONTRACT DRAWINGS (if any), all ADDENDA hereafter issued (ifany), and the Notice of Award.

7. "Contractor" shall mean the bidder to whom this Contract is awarded, its successors and assignees. For convenience the Contractor is hereinafter referred to as if the Contractor were an individual. The word "he" shall, as the sense may require include "she", "it" and "they"; the word "him" shall include "her", "it" and "them"; and the word "his" shall include "her", "its" and "their".

8. "Directed", "required", "permitted", "ordered", "designated", "selected", "prescribed", or words of like import used in the specifications or upon the drawings (if any) shall mean, respectively, the direction, requirement, permission, order, designation, selection or prescription of the Project Manager; and similarly the words "approved", "approved manner", "approval", "acceptable", "satisfactory", "equal", "necessary", or words of like import shall mean, respectively, approved by, or acceptable or satisfactory to, or equal, or necessary in the opinion of the Project Manager.

9. "Disputes Resolution Officer" or "DRO" shall mean the individual designated by the Authority to resolve disputes between the parties.

10/13 Operating Contract Addendum No.3 Page 1

Page 43: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

10. "DOT" shall mean the United States Department of Transportation.

11. "Engineer" shall have the same meaning as "Project Manager".

12. "Federal" or words oflike import shall mean the United States of America.

13. "FTA" shall mean the Federal Transit Administration.

14. "Inspector" shall mean any representative of the Project Manager designated to act as an inspector.

15. "Law" shall mean the Constitution of the State of New York, the New York City Charter, the City Code, and each and every other law, rule, regulation, requirement, order, judgment, decree, or ordinance of every kind whatsoever issued by any government entity including but not limited to the Federal Government, applicable to or affecting the Contract, the Work and all persons engaged in the Work (including any of the foregoing which concern health, safety, environmental protection, and non-discrimination).

16. "Legal Proceeding" shall mean every action, litigation, arbitration, administrative proceedings, and other legal or equitable proceeding of any kind whatsoever.

17. "Liens" shall mean any and every lien of any kind whatsoever against the Work, any monies due or to become due from the Authority to Contractor, and/or any other property ofthe Authority, for or on account of the Work, including any Public Lien.

18. "Manufacturer" -- See "Supplier."

19. "Metro North" or the initials "MN" shall mean - Metro-North Commuter Railroad Company, a Public Benefit Corporation of the State of New York and a subsidiary of the MTA.

20. "MTA" shall mean the Metropolitan Transportation Authority and any other board, body, commission, official or officials to which or to whom the powers now belonging to the said Authority in respect to the planning, financing, location, construction, equipment, maintenance and operation of mass transportation facilities or the purchase of Rapid Transit cars under the provisions of Article 5, Title 11 of the Public Authorities Law of the State of New York shall, by virtue of any act or acts, hereafter pass or be held to appertain.

21. "New York City Transit System" (or "NYCTS") shall mean the transit system within the City of New York operated by the New York City Transit Authority.

22. "New York State" shall mean the State of New York.

23. "Notice" or "notice" shall mean a written notice.

10/13 Operating Contract Addendum No.3 Page 2

Page 44: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

24. "Notice of Award" shall mean a document that apprises the Contractor that this Contract has been approved by the NYCTA.

25. "OEM" shall mean "Original Equipment Manufacturer."

26. "Project Manager" shall mean the individual designated by the Authority to administer this Contract or his duly authorized representative and any successor or successors duly appointed or any deputy or substitute for him who shall be appointed by the Authority.

27. "Remanufacture" shall mean the process of replacing or renewing all components, parts of a Unit to achieve current optimum manufacturing performance standards and designs by employing current Original Equipment Manufacturer ("OEM") manufacturing standards.

28. "SI System" shall mean the International System of Units.

29. "State" -- See "New York State".

30. "Subcontractor" shall mean an individual or organization who enters into a contract to furnish labor or services only or labor and materials or apparatus in connection with the Work directly or indirectly for or in behalf of the Contractor and whether or not in privity of Contract with the Contractor.

31. "Supplier" shall mean an individual or organization that furnishes materials, equipment or supplies to the Contractor either directly or indirectly, for incorporation in the Work.

32. "System" shall mean a Best Available Retrofit Technology (BART) installation kit that contains all necessary nuts, bolts, washers, clamps, brackets, straps, pipes, pipe insulation (if needed), backpressure monitoring system, procedure and applicable drawings. The inlet and outlet of the Diesel Particulate Filter (DPF) shall consist of flanged connections to facilitate maintenance.

33. "Unit" shall mean the module or components of BART System that reduce diesel exhaust emissions to EPA or CARB verified reduction levels.

34. "United States Government" -- See "Federal."

35. "Work" or "Project" shall be defined as all the required obligations of the Contractor hereunder, including but not limited to, the performance of any labor or services, the supplying of any goods or materials, the furnishing or repair and/or remanufacture of any equipment or any other resources or requirements or deliverables necessary to perform, construct, accomplish and complete this Contract's objectives as stated in ARTICLE 102 below.

10/13 Operating Contract Addendum No.3 Page 3

Page 45: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

ARTICLE 102 PROJECT DESCRIPTION

A. The Work to be performed under this Contract may briefly be described as retrofitting of Authority owned diesel trucks for conformance with New York State Diesel Emissions Reduction Act (DERA), including all necessary or incidental work, labor and materials. Included in the Work and price shall be all pickup, transportation and delivery expenses from and to the Authority as well as all labor, materials, equipment, incidentals and overhead costs and expenses in performing the Work. The Work shall be performed as specified in the Contract Documents at the production rate specified in ARTICLE 104, TIME FOR COMPLETION AND DELIVERY.

B. The Contractor shall be required to perform all Work in accordance with the Technical Specifications annexed hereto as part of the Contract Documents.

ARTICLE 103 TERM OF CONTRACT

The term of the Contract shall be three (3) years from the award date specified in the Notice of Award.

ARTICLE 104 TIME FOR COMPLETION AND DELIVERY

A. The Work under this Contract will cover approximately 176 heavy duty diesel vocational trucks categorized by truck type, engine manufacturer and vehicle year comprised of 164 vehicles for NYCT and 12 vehicles for Metro-North. The Authority anticipates that approximately 75 vehicles will require assessment to determine the [Best Available Retrofit Technology] (BART) comprised of 63 vehicles for NYCT and 12 vehicles for Metro-North.

B. Pick Up & Delivery Times: Unless permitted by the Project Manager, all pick up and delivery of diesel trucks shall be performed between the hours of 8:00 A.M. to 3:00 PM Monday through Friday except Authority observed holidays as listed in Attachment 1. The Contractor shall perform all Work as listed in the Scope of Work in accordance with the specified time frames listed below in paragraphs C, D, E & F. Vehicles for New York City Transit shall be picked up and delivered by the Contractor from the NYC Transit facility located at 1997 Broadway, Brooklyn, NY 11207. Vehicles for Metro-North Rail Road shall be picked up and delivered by the Contractor from the Metro-North locations contained in Attachment 2.

C. Within seven (7) calendar days from the Notice of Award, the Authority will make available up to four (4) vehicles for pre-installation engine check and data logging assessment. The Contractor shall have five (5) calendar days from receipt of a vehicle to complete the engine check and installation of the data logging equipment for that vehicle and return such vehicle to the Authority for data logging. The Contractor shall have fourteen (14) calendar days from return of each vehicle to complete the data logging for that vehicle and submit to the Authority the required data analysis and report and the Contractor's recommendation of the proper BART system. If it is determined that sufficient vehicle run time has not been attained in accordance with CARB requirements and that additional vehicle run time is required, the fourteen (14) calendar day requirement will be extended upon verification of the run time data by the Project Manager. The Contractor shall be responsible for providing the Project Manager with the required data establishing that sufficient vehicle

10/13 Operating Contract Addendum No.3 Page 4

Page 46: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

run time has not been attained. Data logging for subsequent categories shall be conducted at the rate of one category every nineteen (19) days thereafter, five (5) days for engine check and installation of the data logging equipment and fourteen: (14) days for completion of the data logging and submission of the required reports.

D. The Contractor shall notify the Project Manager in writing or bye-mail of any deficiencies or defects uncovered during engine check. The Contractor shall first diagnose the problem and prepare and submit to the Project Manager a work order. The work order shall itemize all labor tasks and hours, parts manufacturer, manufacturer's part number and parts costs. The Contractor shall not proceed with repairs until it obtains approval to proceed with the repair from the Project Manager or his designee. The Authority shall only be obligated to pay for those costs agreed to in advance by the Project Manager or his designee. The Project Manager shall in all cases determine the amount, classification and acceptability of the Work to be performed and to be paid for under this Contract.

E. Once the data logging for a truck type/engine manufacture/vehicle year category has been completed the Contractor shall submit to the Authority a detailed written work order listing all qualified OEM BART Retrofit equipment for that category along with their respective pricing. Once the Authority has selected one of the qualified BART Retrofit equipment recommended by the Contractor, and has notified the Contractor of its selection, the Contractor shall have forty-five (45) calendar days to design, fabricate and install a prototype System for that category.

F. After the Authority approves the prototype, the Contractor shall have up to thirty (30) calendar days to furnish and install the First Article Inspection (FAI) kit for that category as described in the Scope of Work.

G. After acceptance of the FAI kit, the Contractor shall have fourteen (14) calendar days to commence BART installations for that category. The Contractor shall complete the BART installation for each vehicle within fourteen (14) calendar days from receipt of such vehicle and shall at a minimum perform four (4) to six (6) installations each week.

.H. The Authority reserves the right of temporarily suspending the performance of the whole or any part of the Work, if it shall deem it in its best interest so to do, without compensation to the Contractor for such suspension other than extending the time for completing the Work as much as in the opinion of the Authority the Contractor may have been delayed by such suspension.

ARTICLE 105 LIQUIDATED DAMAGES FOR DELAY

A. Time is of the essence of this Contract. In the event of a delay in delivery of any Work under this Contract beyond the time as set forth in ARTICLE 104, TIME FOR COMPLETION AND DELIVERY, or beyond the period to which such time may be extended by the Authority as herein provided, the Authority shall be paid damages for such delay. Inasmuch as the amount of such damages and the loss to the Authority will be extremely difficult to ascertain, it is hereby expressly agreed that such damages will be liquidated and paid as follows:

10/13 Operating Contract Addendum No.3 PageS

Page 47: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

B. The Contractor shall pay the Authority for each and every day (per Day), of unexcused delay, except Saturdays, Sundays and legal holidays, the sum of fifty dollars ($50.00) which sum is hereby agreed upon not as a penalty but as liquidated damages. The Liquidated Damages will be separately and cumulatively assessed after the following milestones (as set forth in Article 104):

1. after five (5) calendar days from Contractor's receipt of each vehicle, to complete the engine check and installation of data logging equipment;

2. after fourteen (14) calendar days from return of each vehicle to the Authority, to complete the data logging for that vehicle and submit to the Authority the required data analysis report and the Contractor's recommendation of the proper BART System;

3. after forty-five (45) calendar days to design, fabricate and install a prototype system for each category after Authority approval;

4. after thirty (30) calendar days from Contractor's receipt of a vehicle to furnish and install Authority-approved First Article Inspection (FAI) kit for that category;

5. and after fourteen (14) calendar days from Contractor's receipt of each vehicle to complete BART Installation.

The cumulative Liquidated Damages assessment shall not exceed the sum of three hundred and fifty dollars ($350) per day.

C. The Authority shall have the right to deduct such liquidated damage assessments from any monies due or which may thereafter become due to the Contractor under this Contract; and in case the amount which may become due hereunder, shall be less than liquidated damages due to the Authority, the Contractor shall pay the difference upon demand by the Authority.

ARTICLE 106 WARRANTY

A. All workmanship, parts and materials furnished for all the Work shall be unconditionally warranted against failures or defects for a period of one (1) year after the vehicle is placed in service or twelve (12) months after a vehicle is returned to the Authority, whichever is earlier. The Contractor shall accept the Authority's records with respect to the date the Unit was placed . . In service.

B. In the event that any Work covered by the warranty provisions fails during the warranty period, the Contractor shall repair or replace the work within fourteen (14) calendar days without cost or expense to the Authority.

C. The warranty will not apply to the extent that such failure is caused by user abuse. Several examples of user abuse are noted below:

1. Unit damaged by external fire; 2. Unit cut or burned by torch; or 3. Unit damaged in collision or derailment.

D. In case the Contractor shall fail to repair or replace any part or do any work in accordance with the terms of the warranty, or if immediate replacement or Work is necessary to maintain operation of the Equipment, the Project Manager shall have the right to cause such replacement

10/13 Operating Contract Addendum No.3 Page 6

Page 48: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

to be made at the expense of the Contractor in accordance with the Authority's "Schedule of Rates for Services Rendered to Outside Parties" in effect at the time replacement is made.

E. Each and every piece of equipment, component or part thereof that is replaced, repaired, adjusted or serviced in any manner under the terms of warranty by the Contractor, during the warranty period shall be reported to the Project Manager. Each report shall indicate in detail all repairs, adjustments and servicing to each and every component, Unit or parts thereof.

F. Any warranty or retrofit work shall be accomplished with minimum disruption to the New York City Transit System's operation and its maintenance and service facilities. The Project Manager at his sole discretion shall determine the availability of facilities for warranty or retrofit work.

G. The Contractor shall make available adequate service facilities, including spare parts, for all the Equipment. Trained technical service personnel shall be available to the Authority sufficient to meet its warranty obligations.

1. The Contractor shall provide field service representatives who are competent and fully qualified in the maintenance and operation of the Equipment. These field service representatives shall assist the Authority in overcoming any difficulties in the operation or maintenance of the Equipment. They shall further serve as on-site representatives of the Contractor for any component failure claims or warranty claims against the Contract. . These field service representatives shall be available from the delivery of the first Unit to the acceptance of the Last Unit.

2. During the warranty period, a field service representative shall be available Monday thru Friday, 7AM -11PM.

ARTICLE 107 RISK OF LOSS TO THE WORK

A. The Contractor assumes risk of loss or damage to the Vehicle to the fullest extent permitted by applicable law, irrespective of whether such loss or damage arises from acts or omissions (whether negligent or not) of the Contractor, the Authority or third persons, or from any cause whatsoever, excepting loss or damage arising solely from negligent or willful acts of the Authority, occurring prior to completion of work on that Vehicle.

B. Contractor's obligation hereunder is to immediately repair, replace and make good such loss or damage so as to restore the Work to the same character and condition as before the loss or damage in accordance with the Contract Documents without cost to the Authority.

C. Risk of loss or damage to work trains, cranes, or special equipment, supplied and operated by the Authority shall be on the Authority, but the Contractor shall be responsible for loss or damage thereto arising out of Contractor's failure to fulfill a contractual obligation hereunder or the negligence or willful act of the Contractor, its subcontractors and suppliers.

ARTICLE 108 PRICE TO INCLUDE / INVOICES AND PAYMENTS

10/13 Operating Contract Addendum No.3 Page 7

Page 49: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

A. The Authority shall pay and the Contractor shall accept the amounts set forth in the Price Schedule of the Bid as full compensation for all costs and expenses of completing the Work in accordance with the Contract, including, but not limited to, all labor and material required to be done or furnished under this Contract; all overhead, expenses, fees and profits including the cost of providing storage yard or facilities; all risks and obligations set forth in the Contract; any applicable fees or taxes; and all expenses due to any unforeseen difficulty encountered in the prosecution of the Work.

B. Invoices shall be submitted not more than once each month subject to the Contractor's compliance with the submission requirements contained hereunder and all other provisions of the Contract Documents. Upon receipt of acceptable invoices, the Authority will make payment at the applicable unit prices set forth in the Price Schedule for Work completed and accepted the preceding month.

1. Proper Invoice: In addition to any other requirement set forth in this Contract with respect to what constitutes a proper invoice or for the Contractor to be entitled to receive payment, the Contractor's invoice must set forth (1) purchase order number; (2) a description, with specificity, of the goods delivered, Work performed, services rendered, or other event initiating entitlement to payment pursuant to the terms of this Contract; (3) that portion of the Contract price related to such payment less any deductions such as retainage required pursuant to the terms hereof (if any); and (4) the Contract number. Should the invoice not be calculated correctly, such as not taking into account retainage as a deduction, the Authority may either reject the invoice or treat the invoice as proper only to the extent of the correct calculation of the amount thereof.

2. Supporting Documentation: The following are in addition to any other requirement set forth in this Contract with respect to what supporting documentation must accompany the copy of the invoice submitted to the Project Manager, as required below:

a. In the event the Contract contains an inspection and acceptance procedure, the Contractor's invoice relating to delivered and/or installed goods, the Work covered by such invoice must be accompanied by a copy of the Project Manager's certificate of acceptance, or equivalent document, thereof.

b. In the event the Contract provides for payment upon achieving stated milestones of performance, the Contractor's invoice relating to any milestone must be accompanied by a copy of the Project Manager's certificate, or equivalent document, that the milestone has been achieved.

c. In the event that the payment request is based upon a "deliverable", the Contractor's invoice must be accompanied by appropriate documentation that the deliverable has been delivered in accordance with the Contract, and if this Contract requires acceptance thereof as a condition precedent to payment, that the deliverable has been so accepted.

d. Invoices must be accompanied by all affidavits, time records, staffing and other records provided for or required by the Contract to establish the amount of

10/13 Operating Contract Addendum No.3 Page 8

Page 50: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

payment and/or performance of the Work billed, as well as a statement with sufficient specificity which establishes the basis on which the payment is due according to the Contract. Any documentation generated by the Authority, such as certificate of acceptance, will be issued in accordance with the terms of the Contract.

3. Inspection, Review and Audit: In addition to any other requirements pertaining to the right of the Authority or other entity to perform inspections, reviews or audits with respect to any payment or to the contract as a whole, the Authority reserves the right to inspect, review and/or audit each invoice for payment to verify that the invoice amount is consistent with the materials, labor, goods, and/or services provided and is in accordance with the provisions of the Contract, as well as to determine the resources applied or used by the Contractor in fulfilling the terms of the Contract or otherwise to verify that the Work, goods or services billed for were provided in accordance therewith. The Authority will require ten (10) Authority business days from the Receipt of Invoice Date within which to perform this function.

4. Set-off: The Authority shall have the right to set off against any payment due the Contractor under this Contract any unpaid legally enforceable debt owed by the Contractor to the Authority as outlined in Authority's Prompt Payment Rules.

5. Invoice Submission: Invoices must identify the purchase order number and be submitted to the Designated Payment Office by email to [email protected] or by facsimile to (212) 971-5060. A copy must be submitted to the Project Manager at the following address, which shall include the Supporting Documentation required in paragraph 8.2 above of this Article.

a. New York City Transit (NYCT) designated Project Manager for this Contract at his mailing address.

New York City Transit - Support Fleet Services East New York Truck Shop

1997 Broadway Brooklyn, N. Y. 11207

Attn: Project Manager for Contract No. IFB 49896 DERA Retrofit

b. Metro-North Rail Road (MN) designated Project Manager for this Contract at his mailing address.

Metro-North Rail Road - Automotive Department 1 Croton Point Avenue, Building #8

Croton-On-Hudson, NY 10520 Attn: Project Manager for Contract No. IFB 49896 DERA Retrofit

C. Unless otherwise stipulated in writing by the parties, the Authority shall make payment subject to the following conditions, which are, unless waived in whole or in part by the Authority in writing, conditions precedent to payment:

10/13 Operating Contract Addendum No.3 Page 9

Page 51: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

1. The Contractor is not, in the Project Manager's and/or Procurement Specialist's opinion, in breach of any terms or provision of this Contract;

2. The Project Manager has accepted the Work.

D. The Authority may withhold sums equal to any claims of the Authority against the Contractor, for indemnification or otherwise, pending settlement or other disposition of such claim. The Authority may withhold from any payment otherwise due the Contractor as much as may be necessary to protect the Authority and if it so elects may also withhold any amounts due from the Contractor to any Subcontractors or Suppliers for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Authority and will not require the Authority to determine or adjust any claims or disputes between the Contractor and his Subcontractors or Suppliers, or to withhold any moneys for their protection unless the Authority elects to do so. The failure or refusal of the Authority to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this contract. The Authority may withhold payment to the Contractor, if the Contractor fails to remedy unsuitable conditions. The Contractor shall be given written notice of any unsuitable conditions.

E. The Authority will pay proper invoices within the time periods provided in the Prompt Payment Rules and Regulations. Payment will be deemed to have been made upon being mailed by the Authority.

F. All authorized payments to Contractor will be made by the MTA Business Service Center ("MTA BSC") via Automated Clearing House ("ACH") procedures. The Contractor hereby authorizes the MTA BSC to make payments to the Contractor using an ACH designated by the MTA BSC. The Contractor shall provide current ACH instructions to the MTA BSC promptly upon award (unless it has previously provided ACH instructions which have not changed) using the Vendor Master Setup Maintenance form, which is available online at http://www.mtabsc.info/vendors/.

ARTICLE 109 FEDERAL DRUG AND ALCOHOL TESTING REQUIREMENTS

This Contract is subject to terms and conditions set forth in SCHEDULE X, FEDERAL DRUG AND ALCOHOL TESTING REQUIREMENTS, attached and incorporated herein by reference.

ARTICLE 110 ASIAN LONGHORNED BEETLE

A. Any work under this Contract, whether performed by the Contractor or any of its subcontractors, that involves the handling or removal of any "host material" originating from within the Asian Longhorned Beetle ("ALB") quarantine zone, as defined by New York State Department of Agriculture and Markets ("NYSDAM"), must be performed: (1) in accordance with federal, state and local laws and regulations regarding the eradication of the ALB, including Part 139 of the New York State Agriculture and Markets Law ("NYS AML"); and (2) by a Contractor (or

10/13 Operating Contract Addendum No.3 Page 10

Page 52: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

subcontractor) that is certified by NYSDAM, to perform such work. Copies of such certification must be provided to the Authority before any work involving host material is commenced.

l. "Host material" generally includes all firewood (of hardwood species) and trees, logs, green lumber, stumps, roots, branches (whether living, cut or dead) that is one-half inch or more in diameter and one of the trees listed in NYS AML Part 139.3.

B. Prior to the handling or disposal of any host material within the quarantine zone, an NYSDAM­certified person must perform an inspection for the presence of ALB infestation.

1. If an ALB infestation is detected, then all work related to the handling or disposal of that host material must cease and the Contractor shall immediately contact the Project Manager for further action. Work involving the infested host material may not restart until written notification to proceed is received from the Project Manager.

2. If no ALB infestation is detected, then the host material, if living, may be left untouched. If the host material was discovered cut, dead or to be removed, it must be handled or disposed of pursuant to the regulations set forth by NYSDAM.

ARTICLE 111 ACCEPTANCE AND REJECTION

A. Each completed Unit shall be given a visual and operational inspection by the Inspector at the Contractor's facility to verify the extent of the Work accomplished and the existence of any obvious damage or defects. When a Unit is completed and has passed a visual and/or operational inspection at the Contractor's facility, a release for shipment will be given by the Inspector to the Contractor stating that such Unit appears complete and is ready for shipment. The Authority may in its sole discretion waive inspection at the Contractor's facility, but no such waiver will be deemed to affect or diminish any obligation of the Contractor.

B. If following delivery of the vehicle to the Authority, inspection by the Inspector finds that a Unit has been retrofitted in accordance with the requirements of the Contract and has been received in sound condition, the Project Manager will accept the Unit. Otherwise, the Project Manager, within fifteen (I5) days of the Unites) delivery, will deliver a written statement of rejection to the Contractor. The Contractor has three (3) Business Days from the date of rejection to conform the Work to the Contract Documents. It is understood that the Project Manager's acceptance shall in no way relieve the Contractor from any responsibility under this Contract.

C. All expenses and costs associated with conforming the Work to the Contract shall be the responsibility of the Contractor. No payment shall be made for Work performed by the Contractor on a Unit absent a final inspection and acceptance of such Unit by the Project Manager and or his/her designee, as set forth herein.

ARTICLE 112 PARTS REPROVISIONING

A. During the term of this Contract, the Contractor shall maintain in his inventory an adequate stock of the material required to perform the Work or shall demonstrate to the satisfaction of the Project Manager that he can obtain such material in a timely fashion. The Project Manager, in his

10/13 Operating Contract Addendum No.3 Page 11

Page 53: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

SPECIFIC CONTRACT PROVISIONS

sole discretion, shall determine the adequacy of the Contractor's material stock or shall determine the Contractor's ability to obtain material in a timely fashion.

B. The Contractor will be paid for parts after submitting the invoice (together with the labor cost) showing the cost of parts from the manufacturer's current parts price list minus the discounted amount (or plus the mark-up) as shown in the Price Schedule. Ifprice lists do not exist, e.g., custom parts, Contractor shall inform the Project Manager in order to receive authorization to furnish the parts.

C. Upon installation of parts by the Contractor, the Contractor shall furnish the Authority with appropriate warranty documentation from the manufacturer of the parts.

ARTICLE 113 SUBCONTRACTS

A. The Contractor may sublet any part of the Work to be performed hereunder, subject to prior approval of the Authority, provided however, that the total amount of the sublet Work does not exceed fifty percent (50%) of the total Contract amount.

B. The Contractor before effecting any subcontract for any portion of the Work, shall state in writing to the Authority the name of the proposed Subcontractor, the portion of the Work which such Subcontractor is to do or the materials which such Subcontractor is to furnish, the place of business of such Subcontractor and such other information as the Authority may require. There shall be no award of any subcontract unless and until the proposed Subcontractor has been approved by the Authority.

C. The Contractor shall inform the Subcontractor fully and completely of all provisions and requirements of this Contract relating either directly or indirectly to the Work to be performed and the materials to be furnished under such subcontract. Every subcontract shall expressly stipulate that labor performed and materials furnished shall comply with the requirements of this Contract.

[END OF SECTION]

10/13 Operating Contract Addendum No.3 Page 12

Page 54: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 Addendum No.3

. Scope of Work Retrofit Diesel Powered Vocational Trucks with

Best Available Retrofit Technology (BART)

1. Background: NiTA New York City Transit (NYCT or the Authority) and Metro-North is required to install BART on Heavy Duty Diesel Vocational Trucks due to New York State 2006 Diesel Emission Reduction Act (DERA). The vocational trucks covered in this scope are listed in Section 5 - Affected Fleets. The affected fleets represent 1998 - 2008 truck years with varying engine displacements and engine manufacturers.

2. Purpose: Retain a Contractor to:

(a) Assess Heavy Duty Diesel Vocational trucks for installation of Best Available Retrofit Technology (BART) equipment installations, using guidelines in 2006 DERA. The diesel vehicle assessment requires the Contractor to have the resources necessary to collect, at minimum, exhaust system temperature and backpressure data (per attached NYCT Standard Test Protocol or equivalent). The Contractor shall interpret the collected data to choose the BART level applicable and available for assessed vehicles per DERA regulations. The vehicle assessment report shall be submitted to NYCT. (Note: NYCT or its designees may make frequent or continuous inspections/audits of Contractor's test methods for data gathering to validate accuracy of assessment.)

At minimum, the truck types below need to be included in vehicle assessment:

Truck Type Truck Quantity Year Total Truck

Quantitv 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

1. Box I I 5 7 2. Clip I I I 3 3. Dump 1 2 3 4. Gang I I 5. Rack I 2 2 I 6 6. Road I I 2 7. Scissor Lift 1 1 8. Stake Body I I 2 4 9. Tractor I I 2 10. Van Step 2 2 I 5 II. Vacuum I I 2 12. Skyworker 1 I 13. Tower I 1 2 14. Mobile W/S I 1 15 Wrecker 1 1 1 3

Page I - Addendum No.3

Page 55: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

16 Line 1 1 17. Rack/Crane 1 1 18 Bucket 1 1 1 3 19. Car Carrier 1 1 2 20 Welder 1 1 2 21. PlatformCrane 1 1 22. Cable Puller 1 1 23 Stake/Crane 1 1 2 24. Refuse Truck 1 1 25. Emergency 1 1 26. Snow Fighter 1 1 27 Paratransit Bus 1 1 28. Utility Truck 1 1 29 Crane Truck 1 1 30 Sprinter Truck 1 1

Total 1 3 1 3 1 7 9 20 14 3 1 63

(b) Supply and install BART, per manufacturer's guidelines, on 176 Heavy Duty Diesel Vocational Trucks comprised of 164 vehicles for NYCT and 12 vehicles for Metro-North. BART equipment Installations are divided by truck model year in Section 13 - Schedule below. The Contractor shall guarantee vehicle reliability and duty cycle performance sustained at optimal levels when BART is installed on vehicle. All installations shall satisfy BART, engine manufacturer application, performance guidelines, and allow continued safe vehicle operation to accomplish Authority business. Due to the operational requirements of NYCT vehicles, all BART Systems shall be stand alone self-contained units. No plug in units or assemblies will be accepted unless authorized by the Project Manager.

3. Assumptions: a. Trucks will be retrofitted with BARTequipment - Level 3. b. All trucks in this Scope of Work will have engine and exhaust system inspected. c. 20% of trucks covered in this Scope of Work will require non-warranty engine work. d. e. Class II Vocational trucks are 10,000 - 15,999Ibs. f. Class III Vocational trucks are 16,000 - 19,999 lbs. g. Class IV Vocational trucks> 19,999Ibs.

4. Expectations: a. Completed gathered truck exhaust data, analysis and final report. b. Trucks receive preventative maintenance and engine component repairs. c. Engines that are more than three (3) years old shall receive valve lash, injector height and

related components check/adjustment (i.e. tune-up), per engine manufacturer's procedure and specifications, prior to BART retrofit.

d. Engines less than three (3) years old shall receive an engine tune-up based on Engine manufacturer's recommended Maintenance Interval Schedule.

e. The Manufacturers Maintenance Interval usually based upon one (1) of the following: - Fuel consumption. - Distance traveled (odometer).

Page 2 - Addendum No.3

Page 56: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

- Engine service hours; - Calendar time elapsed.

f. All retrofits are Contractor-installed g. All trucks receive road test after BART is completely installed. h. Contractor to provide and install 2006 DERA compliant labels and reporting

requirements. 1. Contractor to provide detailed procedures and reports. J. Maintenance Software for BART system installed by the Contractor shall be provided to

the Project Manager.

5. Affected Fleets: For New York City Transit (See Attachment 3 for Metro­North Affected Fleets)

81. Engine Make Truck Year

Total1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 I. Caterpillar I 3 I I 4 I I I 7 7 36 2. Cummins 2 1 3 3. Duramax/Isuzu 5 53 28 86 4. Mack 1 2 14 3 20 5. Detroit Diesel 4 4 6. Ford 4 1 4 1 10 7. International I 1 8. Mercedes I 1 2 9. Paccar I 1 10. Volvo 1 1

Total 1 3 3 2 2 10 23 69 43 8 164

6. Design Installation Kit: The Contractor shall design an installation kit that contains all necessary nuts, bolts, washers, clamps, brackets, straps, pipes, pipe insulation, backpressure monitoring system (for reference, see NYCT Technical Services Specification code S78-11-0 I Revision A, attached).

The inlet and outlet of the BART shall consist of flanged connections to facilitate maintenance (for reference, see the attached NYCT Technical Services Specification code S-78-14-04 Revision B).

The industry, association, and government standards must be followed only as applicable to the design, fabrication, assembly, testing and, installation of all equipment furnished.

ANSI - American National Standards Institute ASME - American Society of Mechanical Engineers ASTM - American Society for Testing and Materials AWS - American Welding Society ISA - Instrument Society of America NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association OSHA - Occupational Safety and Health Act UL - Underwriters Laboratory SAE - Society of Automotive Engineers

Page 3 - Addendum No.3

Page 57: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

7-1 Required Documentation To Be Provided to the Project Manager As Requested a. Detailed maintenance/removal & replacement (R&R) procedures, shall be provided using

MS Word format in both paper form and CD formatted for MS Windows 98 or higher. The written procedures provided by the Contractor shall consist of, but are not limited to: i Step-by-step instructions with photographs detailing the maintenance/R&R. 11 Isometric assembly drawings of the units as they are installed in the vehicles. III Drawings of any jigs required to aid in the maintenanceIR&R process. iv Required tools and Bill of Materials (BOM). For reference see attached NYCT document code 78-24. Typically, procedures are drafted in the prototyping stage.

b. Applicable drawings in AutoCAD v12 or higher format (both paper copies and on CD formatted for MS Windows 95 or higher): i. Isometric assembly drawings with BOM (this information is also to be included in the

BART installation and maintenance procedures). 11. Detail drawings of any unique brackets/components that are expected to need

replacement during the life of the vehicle or in case the vehicle is involved in an accident.

iii. BART wiring schematics need to show interfaces with existing vehicle wiring and electronic components.

c. An indented Bill of Materials with part numbers and manufacture distribution source, shall be provided.

d. All documents are subject to NYCT approval prior to BART delivery and/or Installation in vehicle.

7-2 Required Documentation To Be Provided for each Vehicle Vehicle specific records of installation shall be provided in paper form and electronically in Excel on a CD formatted for MS Windows XP or higher.

The vehicle specific record of installation shall contain the following (for tracking, warranty, and compliance with New York State 2006 DERA):

Name of BART regulated entity Vehicle identification number License plate number Vehicle number Vehicle description (Type of vehicle/Usage) Date of installation of BART product Specific BART product name installed on vehicle BART classification level BART serial number Vehicle odometer reading Date of odometer reading Gross vehicle weight rating (GVWR) Chassis make

Page4 - Addendum No.3

Page 58: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

Chassis model Chassis model year Engine make Engine model Engine model year Engine serial number Engine displacement Engine horsepower Engine class (2 or 4 cycle) Number of cylinders Turbocharged or naturally aspirated (T=turbo or N=naturally aspirated) Installation location Initial exhaust backpressure reading of the new BART California State Air Resource Board (CARB) designated Diesel emission control strategy family name (when applicable) Installer/Contractor Name Installer contact information OEM EGR equipped NOx Reflash (YIN) Date of NOx Reflash NOx reflash version Name of facility where vehicle is located Address of vehicle location City of vehicle location State of vehicle location

Legible and durable vehicle specific labels certifying compliance with New York State 2006 DERA:

Labell (In plain view): - Name of the BART regulated entity - Vehicle identification number - Specific BART product name installed on vehicle - Date of installation of BART product - BART particulate matter (PM) reduction classification level - Vehicle or Engine model year - Name ofthe engine manufacturer, family and series - Engine horsepower - CARB designated diesel emission control strategy family name (when applicable)

Label 2 (installed on/near the fuel fill line) (only if BART is installed on specific vehicle that requires the use of ultra low sulfur diesel (ULSD): - Label stating "use ULSD fuel only".

Page 5 - Addendum No.3

11

Page 59: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

8. Prototype: A prototype model of the first BART installation kit and backpressure monitoring system, shall be fabricated and installed on a vehicle no later than 45 days from the award of the Contract. The prototype installation shall be completed at the Contractor's expense. NYCT will provide input to Contractor to revise/improve BART System in order to incorporate all changes in the production of the First Article Inspection (FAI) kit. The installed prototype BART System for each vehicle type will remain on the vehicle as long as no substantial difference exists between the prototype and final approved FAI kit for each vehicle type. The determination of substantial difference between the prototype and approved FAI kit is made by the Authority in order for the prototype to remain installed on the vehicle. If, however, there are substantial differences, the Contractor shall replace the prototype with an approved BART installation kit based on the FAI kit. The Authority will only make payment for the prototype, at the applicable unit prices contained in the Price Schedule, if the Authority determines that such prototype is fit to remain on the vehicle.

9. First Article Inspection: The First Article Inspection (FAI) kit shall be fabricated and made available at the Contractor installation facility for inspection by the Authority no later than 30 days from the time of the prototype installation which shall be performed at the Contractor's expense. The FAI shall be conducted according to NYCT's FAI flow chart (see Item 6, above), with the exception that the Contractor shall perform the Work while NYCT will only observe the installation with no additional input. Upon formal acceptance of the FAI by the Authority, the FAI kit shall be installed on a vehicle within two (2) weeks.

10. Vehicle Transportation and Location: The BART installation facility shall be located in NYC or as close as reasonably possible. The Contractor is to transport trucks to and from NYCT at Contractor's expense. The Contractor shall contact the originating location management or NYCT designated personnel concerning the delivery and pick up of vehicles (Note: This is required for all installations by the Contractor, including the Prototype and FAI.). Each vehicle's body condition and dashboard telltale display is to be inspected and documented before release to the Contractor for BART equipment installation. Verification of body condition and dashboard telltale display is required immediately upon .return from Contractor after BART System installation.

11. Pre-Installation Engine Check: All Work described below shall be completed by an authorized repair facility using genuine vehicle/engine manufacturer parts prior to BART installation. This is required for all BART System installations. The Contractor shall notify Project Manager in writing or bye-mail of any deficiencies or defects uncovered during engine check. Motor Book Parts and Labor Guide, most current edition, shall be used to establish times required to correct any deficiencies or defects prior to performing any additional Work..

The following Work shall be carried out before BART equipment installation:

Steam clean vehicle engine compartment and under carriage.

Page 6 - Addendum No.3

Page 60: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

11 Perform cylinder balance or injector contribution test. (An engine manufacturer specific way to verify engine operation using individual injector input contribution to validate engine operation per manufactures specifications/parameters.)

111 Inspect that air intake system meets manufacturer specification. Ensure all clamps, hose, hose connections and, tubes are secure and not damaged.

IV Replace air filter element. v Inspect turbocharger compressor wheel and related components. VI Inspect turbocharger turbine wheel and related components. VB Pressure test charge air cooler. Ensure all clamps, brackets, tube, and hose connections

are secure. V111 Check the turbocharger waste gate, actuator and related component condition. IX Perform valve lash, injector height and related components check/adjustment (i.e. tune

up). X Perform all required warranty repairs.

12. BART System Installation: BART installations shall be performed in strict accordance with the Authority's Project Manager (or hislher designee) direction. This shall include documented instructions in addition to the written procedures provided by the Contractor at the time of BART System installation.

The installation will generally consist of removing the existing Diesel Oxidation Catalyst (DOC) or muffler and, modifying any pipes required to allow BART equipment to fit in the space envelope of DOC or muffler. BART recommendations/requirements, findings from vehicle assessment, as well as, safe vehicle operation, shall determine the location of BART in vehicle exhaust system.

The BART System shall consist of the highest level attainable Particulate Matter (PM) reducing equipment, mounting hardware, brackets, clamps, pipes, and pipe insulation (if needed) as well as a backpressure-monitoring system. All mufflers can be disposed of at the Contractor, but DOCs are to be securely packaged, labeled and returned to NYCT salvage.

After installation of each prototype and FAI, prior to delivering the vehicle back to NYCT, the Contractor shall perform a no load full throttle backpressure test as outlined in Document code 78­24. The Contractor shall update the maintenance information system (MIDAS/SPEAR where applicable) by completing a maintenance work order for installation of BART and backpressure monitoring system. (Note: Access to MIDAS/SPEAR will be coordinated through Project manager when the Contract is awarded). Record all required items from Required Documentation Section on vehicle specific Record of Installation form, and forward via Fax to NYCT DOB Support Fleet Operations at (718) 927-7346 and Warranty Department at (347) 643-5151 or to the Metro-North Automotive Department at (914) 271-1921. Note: All PM reducing equipment provided to the Authority shall be uniquely serialized. Each manifest and record of installation shall identify each unique BART serial number in each shipment delivered to the Authority. An additional copy of each manifest that includes unique BART serial numbers shall be provided to the Authority'S Project Manager (or hislher designee).

13. Schedule: A. BART installations shall begin fourteen (14) calendar days from the time of acceptance of

the FAI by the Authority's Project Manager. Contractor shall at a minimum perform four (4)

Page 7 - Addendum No.3

Page 61: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Retrofit Diesel Powered Vocational Trucks with Best Available Retrofit Technology (BART) continued

to six (6) installations each week. This installation rate is at the Authority's discretion. The delivery of vehicles shall be scheduled as soon as is practical and at the convenience of fleet management. Round robin scheduling shall be done when convenient and should be attempted whenever possible for efficiency as directed by the Project Manager.

2007 and 2006 model year truck retrofits shall be completed first. 2005 model year truck retrofits shall be completed secondly. 2004 thru 2000 model year truck retrofits shall be completed thirdly.

At each completion set the Project Manager (or his/her designee) is to be contacted to initiate Work for the next set.

Page 8 - Addendum No.3

Page 62: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Addendum No.3

NEW YORK CITY TRANSIT AUTHORITY

Division of Materiel

Schedule A

INSURANCE REQUIREMENTS

10/13, Addendum No.3

Page 63: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No: IFB 49896

Description: Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

A. The Contractor/Consultant shall provide insurance in the following types as indicated by the checked box(es) and in amounts of at least those set forth below:

INSURANCE MINIMUM AMOUNTS

[g] Workers' Compensation Statutory Limits

[g] Employer's Liability $ 1,000,000

0 Longshore & Harbor Workers' Endorsement

0 Maritime Coverage Endorsement (Jones Act)

[g] Commercial General Liability (amount is each occurrence) $ 2,000,000.00

[g] Business Automobile Liability (amount is each accident) $ 2,000,000.00

0 MCS-90 Endorsement $

0 CA 9948 Endorsement $

0 Contractor's Pollution Liability $

0 Pollution Legal Liability (Non-owned Disposal Site) $

0 Marine Protection & Indemnity Liability $

0 Builder's RisklInstallation Floater $

0 Professional Liability $

0 Professional Liability, including pollution liability $

0 Valuable Papers $

0 Property Insurance $

0 Crime $

0 Self Insurance $

0 Railroad Protective Liability (per occurrence/aggregate) $

[g] Garage Liability $ 2,000,000.00

[g] Garage Keepers Legal Liability $ Full Replacement Cost of Vehicles

0 Other: $

B. INSURANCE REQUIREMENTS

As used in this Schedule A, the term "Contractor" includes Contractors and Consultants.

Except that as otherwise provided in this Schedule A and/or the Specifications/Scope of Work, the Contractor shall procure, at its sole cost and expense, and shall maintain in force at all times during the term of this Contract, through the completion of Contract, including the Warranty Period, if applicable, policies

Page 64: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

of insurance as herein set forth, written by companies with an A.M. Best Company rating of A-/"VII" or better, and approved by the New York City Transit Authority (the "Authority")/MTA and shall deliver evidence of such policies. These policies shall: (i) be written in accordance with the requirements of the paragraphs below, as applicable; (ii) state or be endorsed to provide (a) that the coverage afforded under the Contractor's policies shall apply on a primary basis and not on an excess or contributing basis with any policies that may be available to the AuthorityIMTA, and (b) that the Contractor's policies, primary and excess, shall be exhausted before implicating any Authority/MTA policy available; (iii) Contractor's policies shall state or be endorsed to provide that, if a subcontractor's policy contains any provision that may adversely affect whether Contractor's policies are primary and must be exhausted before implicating any Authority/M'TA policy available, Contractor's and subcontractor's policies shall nevertheless be primary and must be exhausted before implicating any Authority/MfA policy available and (iv) should any of the policies listed herein be canceled, materially changed or not renewed, notice shall be delivered in accordance with the insurance policy provisions to the Authority/M'I'A c/o MTA Risk and Insurance Management Department, Standards, Enforcement & Claims Unit 2 Broadway, 21st floor, New York, NY 10004. Policies written on a claims made basis are not acceptable, except for Professional Liability. At least two (2) weeks prior to the expiration of the policies, Contractor shall endeavor to provide evidence of renewal or replacement policies of insurance, with terms and limits no less favorable than the expiring policies. Except as otherwise indicated in the detailed coverage paragraphs below, self insured retentions and policy deductibles shall not exceed $100,000, unless such increased deductible or retention is approved in writing by Authority/MTA. The Contractor shall be responsible for all claims expense and loss payments within the deductible or self-insured retention. The insurance monetary limits required herein may be met through the combined use of the insured's primary and umbrella/excess policies.

1. Commercial General Liability Insurance (I.S.0. 2001 Form or equivalent approved by the Authority) in the Contractor's name with limits of liability specifically written for this Contract of not less than the amount set forth in PARAGRAPH A, above, for each occurrence. The Products/Completed Operations Aggregate Limit on a combined single limit basis for injuries to persons (including death) and damage to property must also be at least equal to the amount set forth in PARAGRAPH A, above as the per occurrence limit for Commercial General Liability. The limits may be provided in the form of a primary policy or combination of primary and umbrella/excess policy. When the minimum contract amounts can only be met when applying the umbrella/excess policy, the umbrella/excess policy must follow form of the underlying policy and be extended to "drop down" to become primary in the event the primary limits are reduced or aggregate limits are exhausted. Such insurance shall be primary and non-contributory to any other valid and collectible insurance and must be exhausted before implicating an available AuthoritylMTA policy.

Such policy should be written on an occurrence form, and shall include:

a. Contractual coverage for liability assumed by the Contractor under this Contract.

b. Personal and Advertising Injury Coverage.

c. Products and Completed Operations extending at least one year after project completion.

d. Independent Contractors Coverage.

e. "XCU" coverage (Explosion, Collapse, and Underground Hazards) where necessary.

f. Contractual Liability Exclusion, applicable to construction or demolition operations to be performed within 50 feet of railroad tracks, must be removed, where necessary.

Page 65: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

g. Additional Insured Endorsement (LS.O. Form CG 20 10 1185 Form B version or equivalent approved by the Authority) naming the following entities and their subsidiaries and affiliates:

1. the New York City Transit Authority ("NYCT"), the Manhattan and Bronx Surface Transit Operating Authority ("MaBSTOA"), the Staten Island Rapid Transit Operating Authority ("SIRTOA"), the Metropolitan Transportation Authority ("MTA") including its subsidiaries and affiliates, MTA Capital Construction ("MTACC"), MTA Bus Company ("MTA Bus"), and the City of New York ("City" as Owner) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

11 the Metro-North Commuter Railroad Company, Metropolitan Transportation Authority, including its subsidiaries and affiliates, Connecticut Department of Transportation, the State of Connecticut, Jones Lang LaSalle Americas, Inc., Midtown Trackage Ventures LLC, Midtown TDR Ventures LLC. (If work is other than GCT, see Agreement for additional Indemnitees) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

111. In the event the work under the Contract includes construction at, or the use of the loading dock, at 2 Broadway, New York, New York, Additional Insureds shall also include:

(I) Triborough Bridge & Tunnel Authority ("B&T"), Metro North Commuter Railroad Company ("NINR"), Long Island Railroad ("LIRR"), MTA Bus Company ("MTABus"), United States Trust Company of New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broadway LLC, ZAR Realty, Transwestem Commercial Services New York, LLC, and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

2. Workers' Compensation Insurance complying with the statutory requirements of the State of New York, covering all employees of the Contractor. Employer's Liability Insurance coverage with limits of not less than $1,000,000, each accident or illness shall be included. When applicable, the policy shall be endorsed to include the Longshore and Harbor Workers' Compensation Act and/or Maritime Coverage Endorsement (Jones Act Endorsement).

a. Longshore & Harbor Workers' Compensation Act Endorsement - When work will be performed on or over navigable waterways, a Longshore and Harbor Workers Endorsement shall be provided to cover the employees for wages, transportation, maintenance and cure, in accordance with applicable laws.

b. Maritime Coverage Endorsement (Jones Act) - When operations are to be performed upon navigable waterways and barges, Tug Boats, and all other vessels on the ocean and all intra-coastal rivers and canals, as well as drivers, divers, and underwater personnel are utilized, a Maritime Coverage Endorsement shall be provided to cover the seamen, masters and members of a crew in accordance with applicable laws, providing remedy for damage or injury in the course of employment.

Page 66: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

3. Business Automobile Liability Insurance Policy (I.S.O. Form CA 00 01 10 01 or equivalent approved by the Authority) if vehicle enters the Authority's property or is used as part of service provided, in the Contractor's name with limits of liability not less than the amount set forth in Paragraph A, above, each accident for claims for bodily injuries (including death) to persons and for damage to property arising out of the ownership, maintenance or use of any owned, hired or non­owned motor vehicle. (Additional pollution liability insurances may be required, which are identified in below paragraphs.)

a. If the project involves transporting and/or disposing of any hazardous material or waste off of the jobsite, the Contractor or any subcontractor performing such work must add the MCS-90 endorsement to the automobile policy. The CA-9948 03/06 endorsement or equivalent is also required if transporting to a site outside of NYS or the contractor is domiciled in a state other than New York State.

b. If the MCS-90 or CA-9948 endorsements are required, the policy limits of liability must be increased to at least $5,000,000 per each occurrence pursuant to federal, state or local laws, rules and regulations, and copies of the MCS-90 and CA-9948 endorsements shall be provided

. for review as part of the insurance submission.

4. Garage Liability Insurance Policy (I.S.D. Version or equivalent approved by the NYCTIMTA in the [Contractor 's/Consultant 'sJ name with limits ofliability in the amount of at least $2,000,000 per occurrence for claims for bodily injuries (including death) to persons and for damage to property arising out of the ownership, maintenance or use of any owned, hired or non-owned motor vehicle. If the policy is subject to an aggregate limit, replacement insurance will be required if it is likely such aggregate will be exceeded. The Additional Insureds under the policy shall be:

5. Garage Keepers Legal Liability written on a "primary basis", covering fire, explosion, theft of an entire vehicle or any part thereof or item(s) therein, collision, riot and civil commotion, malicious mischief, and vandalism with alimit of liability of at least [$ amount based on value of vehicles] per accident arising out of a.claim from a vehicle owner while the vehicle was parked in the facility. The deductible under this coverage shall not exceed $2,500.

6. Any additional insurance policies not stated herein that are necessary to obtain required permits or otherwise comply with applicable law, ordinances or regulations regarding the performance of the Work.

C. The Contractor shall furnish evidence of all insurance policies before any work is started to the Authority at the address below:

c/o MTA Risk & Insurance Management Standards Enforcement & Claims Unit.

2 Broadway - 21st Floor New York, NY 10004

Certificates of Insurance may be supplied as evidence of the above policies, except for the Builder's Risk and Railroad Protective Liability policies. However, the Authority reserves the right to request copies of such policies herein described above. If requested by the Authority, the Contractor shall deliver to the Authority, within forty-five (45) days of the request, a copy of such policies as requested, certified by the insurance carrier as being true and complete.

Page 67: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

If a Certificate of Insurance is submitted, it must: (1) be provided on the Authority Certificate of Insurance Form or MTA Certificate of Insurance Form for Joint Agency Agreements, as applicable (unless approval has been received from NYCT to submit an ACORD form for an operating contract with a value under $250,000); (2) be signed by an authorized representative of the insurance carrier or producer and notarized; (3) disclose any deductible, sublimit, self-insured retention, aggregate limit or any exclusions to the policy that materially change the coverage; (4) indicate the Additional Insureds, Additional Named Insureds and/or Named Insureds as required herein; Contractor/Consultant must provide a physical copy of the Additional Insured Endorsement (ISO Form CG 20 10 1185 Form B version or equivalent) - endorsements must include policy number(s); (5) reference the Contract by number on the face of the certificate; and (6) expressly reference the inclusion of all required endorsements.

Evidence of Railroad Protective Liability and/or Builder's Risk Insurance (including the installation floater), when applicable, requires submission of the policy. A binder will be accepted, pending issuance of the policy.

D. Nothing herein contained shall be deemed to limit the Contractor's liability to the limits of liability, or coverage of Policies listed in Paragraph A/Paragraph B above, their renewals, or replacement.

E. The Contractor shall immediately file with the Authority's Tort Division (with a copy to the Project Manager), 130 Livingston Street, 11 th Floor, Brooklyn, New York 11201, a notice of any occurrence likely to result in a claim against the Authority, and shall also file with the Torts Division detailed sworn proof of interest and loss with the claim. This paragraph shall survive the expiration or earlier termination of the Contract.

F. If, at any time during the period of this Contract, insurance as required is not in effect, or proof thereof is not provided to the Authority, the Authority shall have the option to: (i) direct the Contractor to suspend work with no additional cost or extension oftime on account thereof; or (ii) treat such failure as an Event of Default.

[The MTA Joint Agency Certificate ofInsurance begins on the next page.]

Page 68: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

--

--

INSURED: LTR

ADDRESS: A

B PHONE#:

C

D CERTIFICATE Metropolitan Transportation Authority HOLDER: Attention: Risk & Insurance Management E

0 Capital Contract e Metropolitan Transportation Authority

COMPANIES AFFORDING COVERAGE

0 0

Operating Contract All Other Agreements CERTIFICATE OF INSURANCE (For Joint Agency Agreements)

AGREEMENT or CONTRACT NAMEIDESCRIPTlON: Diesel Emission Reduction Act AGREEMENT or CONTRACT #: IFB 49896 (DERA) Retrofit of Non-Revenue Vehicles

Producer: CERTIFICATE ISSUANCE DATE: DATE RECEIVED: REFERENCE #:

ADDRESS:

PHONE#:

CO

ADDRESS: 2 Broadway 21st Floor New York, NY 10004

PHONE#: (646) 252-1425

CO LT TYPE OF INSURANCE R

GENERAL LIABILITY o Commercial General Liability Form o Underground Expl.& Collapse Hazard o Products/Completed Operations o Contractual Liability o Independent Contractors o Fifty Foot Exclusion Removed o Personal & Advertising Injury o SIR/Deductible s__

AUTOMOBILE LIABILITY o Any Auto o Owned Autos o Hired Autos o Non-Owned Autos

GARAGE LIABILITY o Any Auto

EXCESS LIABILITY o Umbrella Form o Other Than Umbrella Form o SIR/Deductible $__

WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY DUSLH o Jones Act o "All States" Coverage

PROFESSIONAL LIABILITY o Includes Pollution Liability o Deductible $__

OTHER:

OTHER: - ­OTHER:

F

G

COVERAGES (See Notes 1 and 2)

POLICY NUMBER

EFFECTIVE DATE

EXPIRATION DATE

NAIC#

NAIC#

NAIC#

NAIC#

NAIC#

NAIC#

NAIC#

LIMITS

BI & PD COMBINED sOCCURRENCE

$GENERAL AGGREGATE

PRODI1CTS/COMPLETED sOPERATIONS AGGREGATE

OTHER s BODILY INJURY s(Per Occurrence)

PROPERTY DAMAGE $

(Per Occurrence)

BODILY INJURYIPROPERTY DAMAGE COMBINED $ SINGLE LIMIT (Each Accident)

AUTO ACCIDENT

ONLY EACH $

OTHER THAN EAACC $

AUTO ONLY AGG s

EACH OCCURRENCE s

AGGREGATE $

o STATUTORY LIMITS

EMPLOYER'S LIABILITY s

$

$

$

$

EVIDENCE OF RAILROAD PROTECTIVE LIABILITY AND/OR BIJILDER'S RISK INSIIRANCE, WHEN APPLICABLE, REQlJIRES SUBMISSION OF THE ORIGINAL POLICY.

THE ORIGINAL BINDER(S) WILL BE ACCEPTED, PENDING ISSIIANCE OF THE ORIGINAL POLICY (8). 10/13

Page 69: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

CERTIFICATE OF INSURANCE MTA Joint Agency (Continued) Page 2

LIABILITY COVERAGES:

ADDITIONAL INSUREDS (See Note 3) Check all tha: applyLJ Coverage: General Liability, Garage Liability, Excess/Umbrella Liability Contractor's Pollution Liability, Pollution Legal Liability, etc.

o

o

o

[J

o

o

o

Metro-North Commuter Railroad Company, Metropolitan Transportation Authority, including its subsidiaries and affiliates, Connecticut Department of Transportation, the State of Connecticut, Jones Lang LaSalle Americas, lnc., Midtown Trackage Ventures LLC, Midtown TOR Ventures LLC (If work is other than GCT, see Agreement for addirional lndernnitees) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

New York City Transit Authority (~NYCT~), Manhattan and Bronx Surface Transit Operating Authority ("MaBSTOA"), Staten Island Rapid Transit Operating Authority ("SIRTOA"), MTA Capital Construction Co. ("MTACC"), MTA Bus Company ("MTA Bus"),Metropolitan Transportation Authority ("MTA") including its subsidiaries and affiliates, and the City of New York (as owner) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

Triborougb Bridge & Tunnel Autbority (~B&T~), Metropolitan Transportation Authority ("MTA") including its subsidiaries and affiliates, and the State of New York and the respective affiliates and subsidiaries existing currently or in the future of and successors to eacb Indemnified Pa rty listed herein.

o Other: _

Long Island Rail Road ("L1RR~), Metropolitan Transportation Authority ("MTA"), including its subsidiaries and affiliates, New York & Atlantic Railway Company, when applicable

o National Railroad Passenger Corp. (Amtrak), NJ Transit Corporation, NJ Transit Rail Operations, Inc.

o Consolidated Rail Corporation, CSX Transportation Inc. and Triborough Bridge & Tunnel Authority (B&T).

o The Port Authority of NY and NJ. and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party' listed herein.

MTA Bus Company (MTA Bus), Metropolitan Transportation Authority ("MTA") including its subsidiaries and affiliates, the State of New York, the City of New York, PBS Capital LLC, M1U Realty, LLC, JLK Capital, LLC, Green Bus Holding Corp., Jamaica Bus Holding Corp. and Triboro Coach Holding Corp and New York Bus.Services and its affiliates and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

2 Broadway Agreements: Check this Box also for use of 2 B'way loading dock): United States Trust Company of New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broadway LLC, ZAR Realty; Transwestern Commercial Services New York, LLC. and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

Other:

PROPERTY COVERAGES: (See Note 3) Check all that apply@

o ADDITIONAL NAMED INSUREDS/LOSS PAYEE Property, Builder's Risk, etc

o LOSS PAYEE Coverage: Crime Insurance, Valuable Papers

o Metro-North Commuter Railroad Company, Metropolitan Transportation Authority, including its subsidiaries and affiliates, Connecticut Department of Transportation, the State of Connecticut, Midtown Trackage Ventures LLC, Midtown TOR Ventures LLC. (If work is other than GCT, see Agreement for additional Indemnitees) and tbe respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed berein.

o New York City Transit Authority (~NYCT~), Manhattan and Bronx Surface Transit Operating Authority ("MaBSTOA"), Staten Island Rapid Transit Operating Authority ("SIRTOA"), MTA Capital Construction Co. ("MTACC"), MTA Bus Company ("MTA Bus"), Metropolitan Transportation Authority ("MTA") including its subsidiaries and affiliates, and the City of New York (as owner) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

o Triborough Bridge & Tunnel Authority (~B&T~), Metropolitan Transportation Authority (MT A) including its subsidiaries and affiliates, and the Stale of New York and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein..

o Other: __

o Long Island Rail Road (LIRR), Metropolitan Transportation Authority (MT A), including its subsidiaries and affiliates, New York & Atlantic Railway Company, when applicable.

o National Railroad Passenger Corp. (Amtrak), NJ Transit Corporation, NJ Transit Rail Operations, Inc.

o Consolidated Rail Corporation, CSX Transportarion Inc. and Triborough Bridge & Tunnel Authority (B&T).

o The Port Authority of NY and NJ. and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Partv listed herein.

o MTA Bus Company (~MTA Bus~), Metropolitan Transportation Authority ("MTA") including its subsidiaries and affiliates, the State of New York, the City of New York, PBS Capital LLC, MIU Realty, LLC, JLK Capital, LLC, Green Bus Holding Corp., Jamaica Bus Holding Corp. and Triboro Coach Holding Corp. and New York Bus.Services and its affiliates and the respective affiliates anti-subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein•.

2 Broadway Agreements: o Check this Box also for use of 2 B'way loading dock}: United States Trust Company of

New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broadway LLC, ZAR Realty, Transwestern Commercial Services New York, LLC, and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

o Other: 9113

NOTE I: The subscribing insurance company(s), authorized to do business in the State of New York, certifies that insurance of the kinds and types and for limits of liability herein stated, covering the Agreement/Contract herein designated, has been procured by and furnished on behalf of the Insured and is in full force and effect for the period listed on the front of this Certificate of Insurance. In addition, the subscribing insurance company(s) certifies that the insurance limits for General Liability Insurance are not amended by deductible clauses of any nature except as has been disclosed to and approved by the Metropolitan Transportation Authority; and that coverage is afforded for the Insured's obligations under that provision of the contract providing for indemnification of the Indemnified Parties, including the Metropolitan Transportation Authority, named therein. When applicable, the subscribing company(s) certifies that: any exclusion applying to construction or demolition operations on or within fifty (50) feet of a railroad (stations, yards, tracks, etc.); and/or any employer liability exclusion which may otherwise operate to exclude claims for bodily injury asserted by an employee of an Additional Insured have been removed

NOTE 2: Should any of the insurance policies referred to herein be canceled, changed or not renewed, notice should be delivered in accordance with the policy provision to: Metropolitan Transportation Authority c/o MTA Risk and Insurance Management Department, 2 Broadway, 21" Floor New York, NY 10004.

NOTE 3: All references to Additional Insureds and Additional Named Insureds include those entities' directors, officers, employees, partners, agents, subsidiaries and affiliates

NOTE 4. This certificate is issued to the Certificate Holder in consideration of the Agreement/Contract entered into with the Name Insured It is holder relies on the certificate as basis for continuing such Agreement/Contract with the Name Insured.

AUTHORIZED INSURERIPRODUCER

BY

TITLE

STATE OF

understood and agreed that the certificate

-----------------­

(signature of authorized InsurerlProducer)

) s.s. COUNTY OF

On this day of . 20 , before lIle personally came _ _ • to me known, who being duly sworn, did depose and say that he/she

resides in _._ _ , that he/she IS the of the corporation and descnbed III and which executed the foregoing

Certificate of Insurance, that he/she is fully authorized to execute the foregoing Certificate of Insurance

(Notary Public) ---------------_.---­ - --­

CERTIFICATES OF INSURANCE MUST BE COMPLETED BY AUTHORIZED INSURANCE REPRESENTATIVES ONLY. Revised 913

Page 70: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Guidelines for Submission of Evidence of Insurance MTA JOINT/MULTI-AGENCY AGREEMENTS

These. are basic acceptance guidelines-read your agreement for specific insurance requirements. Policies must be written by Carriers rated A-NIl or better to be acceptable to MTA & MTA's Operating Agencies

1. General Requirements: • Use Joint Agency Certificate if contract applies to more than one MTA Agency;

• ACORD Certificate may be used for operating-funded contracts under $250,000 unless otherwise noted in agreement.

On the Certificate, you are required to: • Reference the Agreement or Contract #; • Disclose any deductible, self-insured retention, sub-limit or aggregate limit; • Provide insured's telephone number, contact person and e-mail address; • Must be signed by an Authorized Representative of the Insurance Carrier or Producer and notarized. • Insurance expiration dates may not be within 30 days of submission unless written assurance from the authorized broker

that the policy (s) will be renewed with the same terms and conditions is submitted with the certificate. • Select / Check (.,I) the appropriate boxes for Additional Insured / Additional Named Insureds and/or Loss Payees.

2. Minimum Coverages (Refer to Agreement for Specific Insurance Requirements):

a. Workers' Compensation • The New York State Insurance Fund form is acceptable. • If a company is located out of state, an "All States" endorsement is required. • Sole Proprietors may provide documentation from their accountant or attorney confirming their exempt status.

b. General Liability (Refers To Primary and Umbrella/Excess Liability Policies) • Minimum limits of Commercial General Liability may be satisfied by a combination of primary and umbrella / excess

policies and must follow form of the underlying policy and be extended to "drop down" to become primary in the event the primary policy is exhausted.

• A physical copy of the Additional Insured Endorsement (l.S.O. Form CG 2010 1185 Form B version or equivalent) reflecting the policy number(s) and covering the required lndemnitees in the contract must accompany the certificate of insurance.

c. Railroad Protective Liability (RRPL) / Builder's Risk (including Installation Floater) • A Certificate of Insurance is not acceptable proof of these coverages: an insurance binder must be provided pending

issuance of actual policy. • RRPL binder must list all required "Named" and/or "Additional Named" Insureds, as applicable. • Actual policies must be submitted within 30 days from issuance of binder.

d. Environmental Coverages - Contractor or its sub-contractor may provide: • Contractor's Pollution Liability coverage must be endorsed to include the Additional Insureds per terms of contract and

a copy of the physical endorsement must accompany the certificate of insurance. • Pollution Legal Liability coverage must be endorsed to include the Additional Insureds as required in the contract.

Evidence of coverage can be satisfied by the following: o Stand-alone Pollution Legal Liability policy listing the Non-Owned Disposal Site. o A Non-OwnedDisposal Site Endorsement to the Contractors Pollution Liability policy. o A certificate of insurance from the disposal facility adding the applicable Agency (s) as Additional Insured.

• The Hauler must provide evidence of their Business Auto Liability policy with copies of the MCS90 & CA9948 endorsement.

e. Joint Venture • If the Contractor/Consultant is a Joint Venture, the joint venture shall provide evidence of liability insurance in the

name of the Joint Venture.

o If insurance is not purchased in the name of the Joint Venture, the member with the majority ownership interest in the joint venture must endorse its general liability policy to name the Joint Venture as an "ADDITIONAL NAMED" insured.

3. Provide Signed Certificate or a Certified Copy(s) of the actual Policy(s) to: Mailing Address: MTA Risk and Insurance Management Dept., Standards, Enforcements and Claims Unit, 2 Broadway, 21st

floor, New York, NY 10004

INS-PROCEDURE-GUIDELINES - MTARIM 10/13

Page 71: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

ADDEN DUM No.3·

NEW YORK CITY TRANSIT AUTHORITY

Division of Materiel

Schedule Y

DIESEL EMISSION REDUCTION ACT (DERA) REQUIREMENTS

5/13

Page 72: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No: IFB 49896

Description: Diesel Emission Reduction Act Retrofit of Non Revenue Vehicles

A. The Contractor represents that, in connection with activities relating to this Contract, it will be in compliance with the Diesel Emissions Reduction Act of2006 ("DERA"), as codified at Section 19-0323 of the Environmental Conservation Law, and its implementing regulations at 6 NYCRR Part 248. In accordance with DERA, the Contractor:

1. Will use ultra-low-sulfur diesel fuel (.::: 15ppm) in all heavy-duty diesel vehicles (>8,500 lbs. G.V.W.R.) ("HDVs") employed at or on the work site in rendering services or providing materials or equipment hereunder, unless said vehicles are otherwise exempt.

2. Represents that all of its affected vehicles will meet the Particulate Matter ("PM") and Oxides of Nitrogen (NOx) emission standards required by DERA through: i) utilization of devices certified by the US EPA or California Air Resources Board ("CARB") that achieve reductions in PM and NOxat the highest classification level for emission control strategies that is applicable to the particular engine and application ("Best Available Retrofit Technology" or "BART"); ii) utilization of engines certified to meet the 2007 EPA standard for PM (O.Olg/bhp-hr) as set forth in section 86.007-11 of Title 40 of the Code of Federal Regulations or to any subsequent US EPA standard that is at least as stringent; or iii) employment of alternative fuel vehicles which do not operate on diesel fuel ("alternative fuel" means natural gas, propane, ethanol, methanol, gasoline [when used in hybrid electric vehicles only], hydrogen, electricity, fuel cells, or advanced technologies that do not rely solely on diesel fuel or a diesel/non-diesel mixture).

B. If the Contractor has secured a waiver from the BART or the ultra-low-sulfur diesel fuel requirements from the New York State Department of Environmental Conservation ("DEC"), Contractor will present same to the Project Manager or Engineer, as applicable, within seven (7) days of Contract award.

C. The Contractor understands and acknowledges that MTA is required to submit an annual report detailing compliance with DERA by MTA and its contractors. The Contractor agrees that it will provide, no later than September 151 of each calendar year, the following information as to any covered vehicles performing work on the work site pursuant to this Contract:

3. the number of diesel-fuel powered motor vehicles owned or operated; b. the number of such vehicles that were powered by ultra-low-sulfur diesel fuel; c. the total number ofon­road diesel fuel-powered motor vehicles owned or operated having a GVWR of more than 8,500 pounds; d. the total number of off-road vehicles owned or operated; e. the number of such on-road and off-road vehicles that utilized BART, including a breakdown

I 5/13 Schedule Y Page 1 of2 Addendum No.3

Page 73: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

by BART installation date, vehicle model, VIN (if applicable), engine year and the type and classification level of technology used for each vehicle including the CARB­designated diesel emission control strategy family name, if applicable; f. the number of such vehicles that have been replacedJrepowered with an engine certified to the applicable 2007 US EPA standard for PM as set forth in section 86.007-11 of Title 40 of the Code of Federal Regulations or to any subsequent USEPA standard for PM that is at least as stringent; g. the number of such vehicles that have been replaced with alternative fuel vehicles; h. the number of inventoried HDVs retired; i. identification of all ultra-low­sulfur diesel waivers, findings, and renewals of such findings, which, for each waiver, shall include, but not be limited to, the quantity of diesel fuel needed to power diesel fuel­powered motor vehicles owned or operated; and specific information concerning the availability of ultra-low-sulfur diesel fuel; j. identification of BART waivers issued to Contractor; k. the quantity of ultra-low-sulfur diesel fuel used; I. a certification that all reported information is correct, and statement of compliance indicating the percent of inventoried HDVs meeting DERA's requirements according to the schedule set forth in DERA; and ID. any other information that may be required by the DEC. Listings of the information currently required by the DEC are available on DEC's website at www.dec.ny.gov.

D. In any instance in which DEC suspends compliance with any DERA requirements or grants individual BART waivers for any time period, NYCT will waive contractual compliance for the corresponding requirements and timeframe.

E. Unless otherwise directed by NYCT, the Contractor shall utilize the "Regulated Entity and Contractor Annual Report Form" and the "Regulated Entity and Contractor Vehicle Inventory Form," both available at www.dec.ny.gov/chemical/4754.html, to file the reports required in this Schedule. Completed forms should be submitted to Procureme'[email protected]. If the Contractor does not use HDVs to perform the work under this Contract, the Contractor must so certify on the above-referenced DEC forms.

I 5/13 Schedule Y Page 2 of2 Addendum No.3

Page 74: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

NEW YORK CITY TRANSIT AUTHORITY

Division of Materiel

Contract No. IFB 49896

Addendum No.3

BID

1/14 Operating Contract Page 1

Page 75: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

BID OPENING INFORMATION

CONTRACT NO. IFB 49896 OPENING DATE: =M=a=rc=h--",2=0,~2=0--=-14--,-- _

LOCATION: 3 Stone Street TIME: 2:00 p.m. New York, NY Local Time

A. Bids must be made on this form which includes the Price Schedule. In order to be a responsive bid, all parts of the Bid must be submitted. BIDDERS MUST ATTACH COPIES OF ALL ADDENDA ISSUED OR ACKNOWLEDGE RECEIPT THEREOF WHERE INDICATED IN THE BID. AN ADDENDUM WHICH CHANGES ANY PART OF THE BID MUST BE ATTACHED OR THE CHANGE OTHERWISE CLEARLY INCORPORATED IN THE BID. The Authority, in its sole and absolute discretion, may treat a failure to annex or acknowledge receipt of Addenda or to attach any part of the Bid as a minor informality where the Addenda or portion of the Bid, as the case may be, is determined by the Authority not to be substantive in nature. The Authority may also treat any failure of the Bidder to fully complete any portion of the Bid as a minor informality.

B. Execution of Bid must be made in Paragraph Q, below.

C. See paragraph 3 of the Information for Bidders for instructions on submission of bids by mail.

D. The undersigned Bidder, acknowledging that it has carefully examined the Bid Solicitation Package, offers to fully perform as set forth therein, at the price(s) stated in the Price Schedule attached hereto.

E. The undersigned hereby designates the following office as its office for the purpose of receiving any written notice permitted or required to be served upon the Bidder by any provision of the Contract Documents, including Notice of Award of the Contract:

Street Address:

City, State Zip Code:

Telephone No. ( ) Facsimile No. ( )

Electronic Mail Address:

F. (Check where indicated below if the Bidder is a foreign corporation or entity, in which case the Bidder agrees to accept process as provided herein). The undersigned, an individual or sole proprietorship, or a partnership, or government entity, or a non-profit organization, or a corporation

1/14 Operating Contract Addendum No.3 Page 2

Page 76: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

not organized and existing under the laws of the State of New York, agrees that personal service of process in any action, suit or proceeding instituted by the Authority against the undersigned on or in connection with this Bid or the Contract may be made by certified or registered mail addressed to the undersigned at the address referred to in Section E above of this Bid, unless a different address within the State of New York be specified below, in which event service as aforesaid may be made only at the address specified below or at such other mailing address within the State of New York as is substituted therefor by the undersigned by notice in writing to the Authority as provided in the Contract Documents. Failure of the Bidder to check the box below shall constitute the Bidder's statement that it is not a foreign corporation, and may, if untrue, be a ground for disqualification.

D Bidder is a foreign corporation or entity

Street Address:

City, State Zip Code:

Telephone No. ( ) Facsimile No. ( )

Electronic Mail Address:

G. Bidder's Representations: A Bidder who has submitted a Schedule J, Responsibility Questionnaire within six (6) months of the present date, unless there have been material changes in the information specified on that Responsibility Questionnaire, shall complete and submit Part VIII of Schedule J, the Affidavit of No Change, rather than completing Paragraphs G and H of this Bid.

I. By submission of this Bid, the undersigned and each person signing on behalf of the undersigned certifies, and in the case of a joint bid each party thereto certifies, as to its own organization, as required by Section 2878 of the Public Authorities Law of the State of New York, under penalty of perjury, that to the best of its knowledge and belief:

a. the prices in this Bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

b. unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the undersigned prior to opening, directly or indirectly, to any other bidder or to any competitor;

c. no attempt has been or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition;

A Bid shall not be considered for award nor shall any award be made where a, b, and c, above, have not been complied with; provided, however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the Bid a signed and notarized statement which sets forth in detail the reasons therefor. Where a, b, and c, above, have

1/14 Operating Contract Addendum No.3 Page 3

Page 77: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

not been complied with, the Bid shall not be considered for award nor shall any award be made unless the Vice President, Division of Materiel, of the Authority, or his or her designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a Bidder (i) has published price lists, rates, or tariffs covering items being procured, (ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (iii) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of a, b, and c above.

2. Statement of no-conflict of interest

a. No appointed or elected official, member or other officer or employee of the City or State of New York, or of the Metropolitan Transportation Authority ("MTA"), or MTA's affiliates and subsidiaries which consist of the New York City Transit Authority ("NYCT"), Manhattan and Bronx Surface Transit Operating Authority ("MaBSTOA"), Staten Island Rapid Transit Operating Authority ("SIRTOA"), Triborough Bridge and Tunnel Authority ("TBTA"), Metro-North Commuter Railroad Company ("MNCR"), Long Island Rail Road ("LIRR"), Metropolitan Suburban Bus Authority ("MSBA"), MTA Bus Company ("MTA BC"), MTA Capital Construction Company ("MTACC") and First Mutual Transportation Assurance Company ("FMTAC"): i) is interested directly or indirectly, in any manner whatsoever in or in the performance of the Contract or in the supplies, work or business to which it relates or in any portion of the profits thereof; or ii) has been or will be offered or given any tangible consideration in connection with this bid/Contract.

b. Bidder covenants that neither Bidder nor, to the best of the Bidder's knowledge after diligent inquiry, any director, officer, owner or employee of the Bidder, or any person or entity with a 10% or more interest in Bidder, has any interest nor shall they acquire any interest, directly or indirectly, which would conflict in any manner or degree with the faithful performance of the Contract hereunder.

c. In the event Bidder has no prior knowledge of a conflict of interest as set forth in "a" and "b" above and hereafter acquires information which indicates that there may be an actual or apparent violation of any of the above, Bidder shall promptly bring such information to the attention of the Authority's Chief Procurement Officer. Bidder shall thereafter cooperate with the Authority's review and investigation of such information, and comply with any instruction it receives from the Chief Procurement Officer in regard to remedying the situation.

3. The following statements apply to any bid or contract between Bidder and the City or State of New York, any other state, any public authority or other public entity, the United States government, the Metropolitan Transportation Authority ("MTA"), and MTA' s affiliates and subsidiaries which are the New York City Transit Authority ("NYCT"), Manhattan and Bronx Surface Transit Operating Authority ("MaBSTOA"), Staten Island Rapid Transit Operating Authority ("SIRTOA"), Triborough Bridge and Tunnel Authority ("TBTA"), Metro-North Commuter Railroad Company ("MNCR"), Long Island Rail Road ("LIRR"), Metropolitan Suburban Bus Authority ("MSBA"), MTA Bus Company ("MTA BC"), MTA Capital Construction Company ("MTACC") and First Mutual Transportation Assurance Company ("FMTAC"). For all questions, matters on appeal must be disclosed. Unless otherwise noted, all questions relate to the previous ten (10) years.

1/14 Operating Contract Addendum No.3 Page 4

Page 78: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

(Check "Yes" or "No" as appropriate.)

a. Within the past five (5) years, has the Bidder been declared not responsible? YEsD NoD

b. Has the Bidder been debarred, suspended, or otherwise disqualified from bidding, proposing, or contracting? YES D NO D

c. Is there a proceeding pending relating to Bidder's responsibility, debarment, suspension or qualification to receive a public contract? YES D NO D

d. Within the past five (5) years has the Bidder defaulted on a contract or been terminated for cause? YES D NO D

e. Has a government agency or other public entity requested or required enforcement of any of its rights under a surety agreement on the basis of the Bidder default or in lieu of declaring Bidder in default? YES D NO D

f. Within the past five (5) years, has the Bidder been required to engage the services of an Integrity Monitor, in connection with the award of, or in order to complete any public or private contract? YES D NO D

g. Within the past five (5) years, have Bidder's safety practices/procedures been evaluated and ruled as less than satisfactory by the City or State of New York, any other state, any public authority or any public entity, the United States government, the MTA, MTA affiliates or subsidiaries? YES D NO D

h. Has Bidder's Workers Compensation Experience Rating been 1.2 or greater at any time in the last five (5) years? YESD NO D

1. Statements a, b, c, d, e, f, g and h above apply to: i) Bidder, Bidder's parent, subsidiaries and affiliates (if any); ii) any joint venture (including its individual members and any other form of partnership (including its individual members) which includes Bidder's or Bidder's parent, subsidiaries, or affiliates of Bidder; iii) Bidder's directors, officers, principals, managerial employees and any person or entity with a 10% or more interest in Bidder; iv) any legal entity controlled, or 10% or more of which is owned, by Bidder, or by any director, officer, principal or managerial employee of Bidder, or by any person or entity with a 10% or more interest in Bidder; or v) any parent, subsidiary or affiliate of any legal entity controlled, or 10% or more of which is owned, by Bidder, or by any director, officer, principal or managerial employee of Bidder, or any person or entity with a 10 % or more interest in Bidder.

J. List the name and business address of each person or legal entity which has a 10% or more ownership or control interest in Bidder (attach additional pages as needed).

1/14 Operating Contract Addendum No.3 Page 5

Page 79: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

k. Explain any "Yes" answers to a, b, c, d, e, f, g and h in the space provided below (attach additional pages as needed).

4. If the statements made in GI, G2 and G3 are not accurate or complete, Bidder must explain in the space provided below (attach additional pages as needed).

H. Questions which must be answered "Yes" or "No" (In the event of a "Yes," the Authority reserves the right to inquire further with respect thereto.) Unless otherwise noted, all questions relate to the previous ten (10) years.

To the best of your knowledge after diligent inquiry, in connection with the business of Bidder or any other firm which is related to Bidder by any degree of common ownership, control, or otherwise, do any of the following statements apply to: i) Bidder, Bidder's parent, subsidiaries and affiliates of Bidder (if any); ii) any joint venture (including its individual members) and any other form of partnership (including its individual members) which includes Bidder or Bidder's parent, subsidiaries, or affiliates; iii) Bidder's directors, officers, principals, managerial employees, and any person or entity with a 10% or more interest in Bidder; iv) any legal entity controlled, or ten percent (10%) or more of which is owned, by Bidder, or by any director, officer, principal or

. managerial employee of Bidder, or by any person or entity with a ten percent (10%) or more interest in Bidder:

(Check "Yes" or "No," as appropriate.)

1. Has been convicted of, or pleaded nolo contendre to, (a) any felony or (b) a misdemeanor related to truthfulness in connection with business conduct? YES D NO D

2. Have pending before any state or federal grand jury or court an indictment or information of the commission of a crime which has YES D NO D

1/14 Operating Contract Addendum No.3 Page 6

Page 80: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

not been favorably terminated?

3. Is the subject of any pending investigation by any grand jury, commission, committee or other entity or agency or authority of any local, state or the federal government in connection with the commission, or alleged commission, of a crime YESD NoD

4. Is currently disqualified from selling or submitting bids/proposals to or receiving awards from or entering into any contract with any federal, state or local governmental entity, any public authority or any other public entity? YESD NoD

5. Within the past five (5) years, has refused to testify or to answer any question concerning a bid or contract with any federal, state, or local governmental agency, any public authority or any other public entity when called before a grand jury or other committee, agency or forum which is empowered to compel the attendance of witnesses and examine them under oath, upon being advised that neither the person's statement nor any information or evidence derived from such statement will be used against that person in any subsequent criminal proceeding? YESD NoD

6. Is currently disqualified from selling or submitting a bid to, or receiving an award from, or entering into any contract with any public entity or public authority within the State of New York because, within the past five (5) years, such entity or person refused to testify or to answer any relevant question concerning a transaction or contract with the State of New York, any political subdivision of the State of New York, or a public authority or a public department, agency or official of the State of New York or of a political subdivision of the State of New York, when called before a grand jury or other state or local department, commission or agency which is empowered to compel the attendance of witnesses and examine them under oath, upon being advised that neither that person's statement nor any information or evidence derived from such statement will be used against that person in any subsequent criminal proceeding? YESD NoD

7. Has within the ten (10) year period preceding this Bid/Proposal been convicted of or had a civil judgment rendered against it for or in relation to (i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; (ii) collusion with another person or entity in connection with the submission of bids/proposals; (iii) violation of Federal or State antitrust statutes, or False Claims Acts; or (iv) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen

Operating Contract Addendum No.3 Page 7 1/14

Page 81: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

property. YEsD NoD

8. Explain any "Yes" answers to additional pages as needed).

I, 2, 3, 4, 5, 6 or 7, in the space provided below (attach

If during the performance of this Contract, either of the following occurs, Bidder shall promptly give notice in writing of the situation to the Authority's Chief Procurement Officer, and therefore cooperate with the Authority's review and investigation of such information:

a) Bidder has reason to believe that any representation or answer to any question contained in Paragraphs G and H of the Bid was not accurate or complete at the time the Bid was signed; or

b) Events occur or circumstances change so that an answer to any question in Paragraph H of the Bid is no longer accurate or complete.

In the Authority's sole discretion, the following shall constitute grounds for the Authority to take remedial action up to and including immediate termination of the Contract for convenience without payment for profit and overhead for work not performed if: i) Bidder fails to notify the Chief Procurement Officer as required above; ii) Contractor fails to cooperate with the Authority's request for additional information as required above.

I. lVIBEIWBE Certification

1. The Bidder agrees to the terms and conditions of non-discrimination as set forth in ARTICLE 237 of the General Contract Provisions. The Bidder, as a precondition to entering into a valid and binding Contract, shall during the performance of the Contract, agree to the provisions set forth in paragraphs A to G ofARTICLE 237 ofthe General Contract Provisions.

2. If SCHEDULE K, OPPORTUNITIES FOR MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES, has been attached and made applicable, as indicated on the List of Schedules in the Information For Bidders, it is deemed included in the Contract Documents and the MBE/WBE goals shall be as set forth in Schedule K. Assurance is hereby given that the undersigned will make every good faith effort to meet the MBE/WBE goal(s), and to timely submit completed MBE/WBE documentation, all in accordance with Schedule K.

J. Price Schedule

1. All bid prices must be set forth on the Price Schedule both in words and in figures. In case of a discrepancy between the price in words and that in figures, the price in words will generally be taken as the bid price. The Authority reserves the right, however, to treat the price in figures as the

1/14 Operating Contract Addendum No.3 Page 8

Page 82: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

bid price where it is evident that the Bidder has made a mistake in writing the bid price in words. The Authority also reserves the right in its sole and absolute discretion to:

a. waive informalities or inconsistencies in any Bid submitted;

b. reject all Bids submitted; and

c. take any other action with respect to contract award as permitted by law.

2. In the event that the Price Schedule reflects any item(s) as to which quantities are estimated, the Bidder acknowledges that the quantities as thus specified in the Price Schedule are given only as a basis for the Bid evaluation and are not in any way guaranteed or represented as correct or intended to be relied upon, and they shall not be taken as final and shall form no basis for any claim in case they do not correspond with the final measurements or quantities. It is further acknowledged that the Authority reserves the right to increase or to diminish or to omit entirely any ofthe quantities or items as herein stated.

3. The Gross Sum Bid is the aggregate total of the bid price(s) for the individual item(s) set forth in the Price Schedule extended by the estimated quantities, where applicable. In the event that the Gross Sum Bid or any extended unit prices reflect a clear mathematical error, then the correct calculation shall govern.

4. See SCHEDULE G, RIDER TO CONTRACT DOCUMENTS, in order to determine whether the Contract will be awarded on an "item" or "class" basis and for the incorporation of the appropriate paragraph.

The Price Schedule begins on next page.

1/14 Operating Contract Addendum No.3 Page 9

Page 83: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class A - Price Schedule To Retrofit NYCT Vehicles with 7.2 Liter Caterpillar Diesel Engines Three-Year Contract Term - Addendum No.3

Item 1

Item 2

Item 3

Item 4A

Item 4B

Item 4C

Item 5

Item 6A

Flat rate for Data Logging Assessment for Best Available Retrofit Technology (BART) Installations.

Flat rate for One-Way Transportation of vehicles between NYCT and Contractor's facility.

Flat rate for Pre-Installation Engine Check to Evaluate Engine Performance prior to installation of BART Retrofit Equipment.

Hourly Labor rate for Diesel Engine repair as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment

Parts Discount from latest OEM List Price for providing replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Discount % shall be entered in the Unit Price column.

Parts Mark-up (Not-to-Exceed **10%***) for furnishing non-price book replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Mark­up % shall be entered in the Unit Price column.

Flat rate to Design and Furnish required documentation as listed in the Scope of Work Section 7 - 1 including R&R Procedures, Drawings and Bill of Materials for BART retrofit equipment.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Donaldson BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

17

140

36

260

$33,500.00

$2,168.64

17

$6,000.00

Each

Each

Each

Hour

%

%

Each

%

Page 10 - Class A

Page 1of 3

Page 84: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class A - Price Schedule To Retrofit NYCT Vehicles with 7.2 Liter Caterpillar Diesel Engines Three-Year Contract Term - Addendum No.3

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved HUSS BART Retrofit Equipment for vehicles contained in

Item 6B this Class. Bidder shall enter either its mark-up % preceded by a + $102,000.00 %sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Caterpillar BART Retrofit Equipment for vehicles

Item 6C contained in this Class. Bidder shall enter either its mark-up % $102,000.00 %preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Johnson Matthey BART Retrofit Equipment for vehicles

Item 60 contained in this Class. Bidder shall enter either its mark-up % $102,000.00 %preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved ESW Clean Tech BART Retrofit Equipment for vehicles

Item 6E contained in this Class. Bidder shall enter either its mark-up % $102,000.00 %preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Clean Diesel Technologies (CDTI) BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter

Item 6F either its mark-up % preceded by a + sign or its discount % $102,000.00 % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Cummins Emission Solutions BART Retrofit Equipment

Item 6G for vehicles contained in this Class. Bidder shall enter either its mark $102,000.00 % up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing NYCT Approved BART Retrofit Equipment from all other OEMs not listed

Item 6H above for vehicles contained in this Class. Bidder shall enter either $102,000.00 %its mark-up % preceded by a + sign or its discount % preceded by a sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Page 10 - Class A

Page 2 of 3

Page 85: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of .Non-Revenue Vehicles

Class A - Price Schedule To Retrofit NYCT Vehicles with 7.2 Liter Caterpillar Diesel Engines Three-Year Contract Term - Addendum No.3

All-inclusive Flat rate to Install NYCT Approved BART Retrofit Equipment for each vehicle contained in this class including

Item 7 Each Work Section 7 - 2 including Vehicle specific records of installation and Vehicle specific labeling,

submittal of all required documentation as listed in the Scope of 36

Flat rate to re-program each truck's electronic control module (ECM) Item 8 36 Each

when required as part of BART retrofit.

Class A - Gross Sum Bid Amount =

* Important Notice to Bidders: The estimated quantities and/or prices are for bid evaluation purposes only. The Authority reserves the right to increase/decrease the dollar value of expenditures at its discretion.

**By submitting this Bid, Contractor represents that it will endeavor to obtain the lowest priced parts meeting the Contract requirements. Contractor shall provide copies of supplier invoices to substantiate its cost.

***The Authority is only interested in receiving bid mark-up pricing that is up to and including 10% above cost. Bid mark-Up pricing which exceeds this amount will be deemed non-responsive.

Bidder's Name Signature

Date

Page 10 - Class A

Page 3 of 3

Page 86: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class B - Price Schedule To Retrofit NYCT Vehicles with Cummins Diesel Engines Three-Year Contract Term - Addendum No.3

Item 1

Item 2

Item 3

Item 4A

Item 4B

Item 4C

Item 5

Item 6A

Flat rate for Data Logging Assessment for Best Available Retrofit Technology (BART) Installations.

Flat rate for One-Way Transportation of vehicles between NYCT and Contractor's facility.

Flat rate for Pre-Installation Engine Check to Evaluate Engine Performance prior to installation of BART Retrofit Equipment.

Hourly Labor rate for Diesel Engine repair as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment

Parts Discount from latest OEM List Price for providing replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Discount % shall be entered in the Unit Price column.

Parts Mark-Up (Not-to-Exceed **10%***) for furnishing non-price book replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Mark­up % shall be entered in the Unit Price column.

Flat rate to Design and Furnish required documentation as listed in the Scope of Work Section 7 - 1 including R&R Procedures, Drawings and Bill of Materials for BART retrofit equipment.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Donaldson BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-Up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

3

18

3

22

$34,000.00

$181.00

3

$3,000.00

Each

Each

Each

Hour

%

%

Each

%

Page 10 - Class B

Page 1of 3

Page 87: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class B - Price Schedule To Retrofit NYCT Vehicles with Cummins Diesel Engines Three-Year Contract Term - Addendum No.3

Item 6B

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved HUSS BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$8,000.00 %

Item 6C

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Caterpillar BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$8,000.00 %

Item 6D

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Johnson Matthey BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$8,000.00 %

Item 6E

Item 6F

Item 6G

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved ESW Clean Tech BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Clean Diesel Technologies (CDTI) BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Cummins Emission Solutions BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark up % preceded by a + si~n or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$8,000.00

$8,000.00

$8,000.00

%

%

%

Item 6H

Mark-up or Discount from Invoiced Cost for furnishing NYCT Approved BART Retrofit Equipment from all other OEM Brands not listed above for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$8,000.00 %

Page 10 - Class B

Page 2 of 3

Page 88: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class B - Price Schedule To Retrofit NYCT Vehicles with Cummins Diesel Engines Three-Year Contract Term - Addendum No.3

All-inclusive Flat rate to Install NYCT Approved BART Retrofit Equipment for each vehicle contained in this class including

Item 7 submittal of all required documentation as listed in the Scope of Each Work Section 7 - 2 including Vehicle specific records of installation and Vehicle specific labeling.

3

Flat rate to re-program each truck's electronic control module (ECM) Item 8 3 Each

when required as part of BART retrofit.

Class B - Gross Sum Bid Amount =

* Important Notice to Bidders: The estimated quantities and/or prices are for bid evaluation purposes only. The Authority reserves the right to

increase/decrease the dollar value ofexpenditures at its discretion.

**By submitting this Bid, Contractor represents that it will endeavor to obtain the lowest priced parts meeting the Contract requirements. Contractor shall provide copies ofsupplier invoices to substantiate its cost.

***The Authority is only interested in receiving bid mark-up pricing that is up to and including 10% above cost. Bid mark-up pricing which exceeds this

amount will be deemed non-responsive.

Bidder's Name Signature

Date

Page 10 - Class B

Page 3 of 3

Page 89: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class C - Price Schedule To Retrofit NYCT Vehicles with 6.6 &7.8 Liter Duramaxllsuzu Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 1

Item 2

Item 3

Item 4A

Item 4B

Item 4C

Item 5

Item 6A

Flat rate for Data Logging Assessment for Best Available Retrofit Technology (BART) Installations.

Flat rate for One-Way Transportation of vehicles between NYCT and Contractor's facility.

Flat rate for Pre-Installation Engine Check to Evaluate Engine Performance as necessary prior to installation of BART Retrofit Equipment.

Hourly Labor rate for Diesel Engine repair as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment

Parts Discount from latest OEM List Price for providing replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Discount % shall be entered in the Unit Price column.

Parts Mark-up (Not-to-Exceed **10%***) for furnishing non-price book replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Mark­up % shall be entered in the Unit Price column.

Flat rate to Design and Furnish required documentation as listed in the Scope of Work Section 7 - 1 including R&R Procedures, Drawings and Bill of Materials for BART retrofit equipment,

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Donaldson BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

21

256

86

621

$62,210.00

$5,241.00

21

$18,000.00

Each

Each

Each

Hour

%

%

Each

%

Page 10 - Class C

Page 1 of 3

Page 90: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class C - Price Schedule To Retrofit NYCT Vehicles with 6.6 & 7.8 Liter Duramaxllsuzu Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 6B

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved HUSS BART Retrofit Equipment for vehicles contained in this Class: Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$240,000.00 %

Item6C

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Caterpillar BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$240,000.00 %

Item 6D

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Johnson Matthey BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$240,000.00 %

Item 6E

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved ESW Clean Tech BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the . Project Manager to substantiate its cost.

$240,000.00 %

Item 6F

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Clean Diesel Technologies (CDTI) BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$240,000.00 %

Item 6G

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Cummins Emission Solutions BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark­up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$240,000.00 %

Item 6H

Mark-up or Discount from Invoiced Cost for furnishing NYCT Approved BART Retrofit Equipment from all other OEM Brands not listed above for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column Contractor shall provide documentation to the Project Manager to substantiate its cost.

$240,000.00 %

Page 10 - Class C

Page 2 of 3

Page 91: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

I~B 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class C - Price Schedule To Retrofit NYCT Vehicles with 6.6 & 7.8 Liter Duramaxllsuzu Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 7

Item 8

All-inclusive Flat rate to Install NYCT Approved BART Retrofit Equipment for each vehicle contained in this class including submittal of all required documentation as listed in the Scope of Work Section 7 - 2 including Vehicle specific records of installation and Vehicle specific labeling.

Flat rate to re-program each truck's electronic control module (ECM) when required as part of BART retrofit.

86

86

Each

Each

Class C - Gross Sum Bid Amount =

.. Important Notice to Bidders: The estimated quantities and/or prices are for bid evaluation purposes only. The Authority reserves the right to increase/decrease the dollar value of expenditures at its discretion .

....By submining this Bid, Contractor represents that it will endeavor to obtain the lowest priced parts meeting the Contract requirements. Contractor shall provide copies of supplier invoices to substantiate its cost.

***The Authority is only interested in receiving bid mark-up pricing that is up to and including 10% above cost. Bid mark-up pricing which exceeds this amount will be deemed non-responsive.

Bidder's Name Signature

Date

Page 10 - Class C

Page 3 of 3

Page 92: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class D - Price Schedule To Retrofit NYCT Vehicles with Mack Diesel Engines Three-Year Contract Term - Addendum No.3

Item 1

Item 2

Item 3

Item 4A

Item 4B

Item 4C

Item 5

Item 6A

Flat rate for Data Logging Assessment for Best Available Retrofit Technology (BART) Installations.

Flat rate for One-Way Transportation of vehicles between NYCT and Contractor's facility.

Flat rate for Pre-Installation Engine Check to Evaluate Engine Performance as necessary prior to installation of BART Retrofit Equipment.

Hourly Labor rate for Diesel Engine repair as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment

Parts Discount from latest OEM List Price for providing replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Discount % shall be entered in the Unit Price column.

Parts Mark-up (Not-to-Exceed **10%***) for furnishing non-price book replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Mark­up % shall be entered in the Unit Price column.

Flat rate to Design and Furnish required documentation as listed in the Scope of Work Section 7 - 1 including R&R Procedures, Drawings and Bill of MaterialS for BART retrofit equipment.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Donaldson BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

8

72

20

144

$14,000.00

$1,205.00

8

$3,000.00

Each

Each

Each

Hour

%

%

Each

%

Page 10 - Class D

Page 1of 3

Page 93: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class D - Price Schedule To Retrofit NYCT Vehicles with Mack Diesel Engines Three-Year Contract Term - Addendum No.3

Item 6B

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved HUSS BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-Up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$40,000.00 %

Item 6C

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Caterpillar BART Retrofit Equlpment for vehicles contained in this Class. Bidder shall enter either its mark-Up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$40,000.00 %

Item 60

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Johnson Matthey BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$60,000.00 %

Item 6E

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved ESW Clean Tech BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-Up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$60,000.00 %

Item 6F

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Clean Diesel Technologies (CDTI) BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$60,000.00 %

Item 6G

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Cummins Emission Solutions BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$60,000.00 %

Item 6H

Mark-up or Discount from Invoiced Cost for furnishing NYCT Approved BART Retrofit Equipment from all other OEM Brands not listed above for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$60,000.00 %

Page 10 - Class D

Page 2 of 3

Page 94: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class D - Price Schedule To Retrofit NYCT Vehicles with Mack Diesel Engines Three-Year Contract Term - Addendum No.3

Item 7

All-inclusive Flat rate to Install NYCT Approved BART Retrofit Equipment for each vehicle contained in this class including submittal of all required documentation as listed in the Scope of Work Section 7 - 2 including Vehicle specific records of installation and Vehicle specific labeling.

20 Each

Item 8 Flat rate to re-program each truck's electronic control module (ECM) when required as part of BART retrofit.

20 Each

Class D - Gross Sum Bid Amount =

* Important Notice to Bidders: The estimated quantities and/or prices are for bid evaluation purposes only. The Authority reserves the right to increase/decrease the dollar value of expenditures at its discretion.

**By submitting this Bid, Contractor represents that it will endeavor to obtain the lowest priced parts meeting the Contract requirements. Contractor shall provide copies of supplier invoices to substantiate its cost.

***The Authority is only interested in receiving bid mark-up pricing that is up to and including 10% above cost. Bid mark-up pricing which exceeds this amount will be deemed non-responsive.

Bidder's Name Signature

Date

Page 10 - Class D

Page 3 of 3

Page 95: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class E - Price Schedule To Retrofit NYCT Vehicles with Detroit Diesel Engines Three-Year Contract Term - Addendum No.3

Item 1

Item 2

Item 3

Item 4A

Item 4B

Item 4C

Flat rate for Data Logging Assessment for Best Available Retrofit Technology (BART) Installations.

Flat rate for One-Way Transportation of vehicles between NYCT and Contractor's facility.

Flat rate for Pre-Installation Engine Check to Evaluate Engine Performance as necessary prior to installation of BART Retrofit Equipment.

Hourly Labor rate for Di.esel Engine repair as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment

Parts Discount from latest OEM List Price for providing replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Discount % shall be entered in the Unit Price column.

Parts Mark-Up (Not-to-Exceed **10%***) for furnishing non-price book replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Mark­up % shall entered in the Unit Price column.

12

4

29

$10,500.00

$250.00

Each

Each

Each

Hour

%

%

Flat rate to Design and Furnish required documentation as listed in Item 5 the Scope of Work Section 7 - 1 including R&R Procedures,

Drawings and Bill of Materials for BART retrofit equipment. Each

Item 6A

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Donaldson BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$3,000.00 %

Page 10 - Class E

Page 1 of 3

Page 96: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class E - Price Schedule To Retrofit NYCT Vehicles with Detroit Diesel Engines Three-Year Contract Term - Addendum No.3

Item 6B

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved HUSS BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$11,000.00 %

Item 6C

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Caterpillar BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$11,000.00 %

Item 6D

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Johnson Matthey BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$11,000.00 %

Item 6E

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved ESW Clean Tech BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount -% preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manaqer to substantiate its cost.

$11,000.00 %

Item 6F

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Clean Diesel Technologies (CDTI) BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-Up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$11,000.00 %

Item 6G

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Cummins Emission Solutions BART Retrofit EqUipment for vehicles contained in this Class. Bidder shall enter either its mark up % preceded by a + sign or its discount % preceded by a- sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$11,000.00 %

Item 6H

Mark-Up or Discount from Invoiced Cost for furnishing NYCT Approved BART Retrofit Equipment from all other OEM Brands not listed above for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column Contractor shall provide documentation to the Project Manager to substantiate its cost.

$11,000.00 %

Page 10 - Class E

Page 2 of 3

Page 97: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class E - Price Schedule To Retrofit NYCT Vehicles with Detroit Diesel Engines Three-Year Contract Term - Addendum No.3

Item 7

Item 8

All-inclusive Flat rate to Install NYCT Approved BART Retrofit Equipment for each vehicle contained in this class including submittal of all required documentation as listed in the Scope of Work Section 7 - 2 including Vehicle specific records of installation and Vehicle specific labeling.

Flat rate to re-program each truck's electronic control module (ECM) when required as part of BART retrofit.

4

4

Each

Each

Class E - Gross Sum Bid Amount =

* Important Notice to Bidders: The estimated quantities and/or prices are for bid evaluation purposes only. The Authority reserves the right to

increase/decrease the dollar value ofexpenditures at its discretion.

**By submitting this Bid, Contractor represents that it will endeavor to obtain the lowest priced parts meeting the Contract requirements. Contractor shall

provide copies of supplier invoices to substantiate its cost.

***The Authority is only interested in receiving bid mark-up pricing that is up to and including 10% above cost. Bid mark-up pricing which exceeds this

amount will be deemed non-responsive.

Bidder's Name Signature

Date

Page 10 - Class E

Page 3 of 3

Page 98: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class F - Price Schedule To Retrofit NYCT Vehicles with Ford Diesel Engines Three-Year Contract Term - Addendum No.3

Item 1

Item 2

Item 3

Item 4A

Item 4B

Item 4C

Item 5

Item 6A

Flat rate for Data Logging Assessment for Best Available Retrofit Technology (BART) Installations.

Flat rate for One-Way Transportation of vehicles between NYCT and Contractor's facility.

Flat rate for Pre-Installation Engine Check to Evaluate Engine Performance as necessary prior to installation of BART Retrofit Equipment.

Hourly Labor rate for Diesel Engine repair as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment

Parts Discount from latest OEM List Price for providing replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Discount % shall be entered in the Unit Price column.

Parts Mark-up (Not-to-Exceed **10%***) for furnishing non-price book replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Mark­up % shall be entered in the Unit Price column.

Flat rate to Design and Furnish required documentation as listed in the Scope of Work Section 7 - 1 including R&R Procedures, Drawings and Bill of Materials for BART retrofit equipment.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Donaldson BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

8

52

10

72

$16,169.00

$602.00

8

$3,000.00

Each

Each

Each

Hour

%

%

Each

%

Page 10 - Class F

Page 1 of 3

Page 99: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class F - Price Schedule To Retrofit NYCT Vehicles with Ford Diesel Engines Three-Year Contract Term - Addendum No.3

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved HUSS BART Retrofit Equipment for vehicles contained in

Item 6B this Class. Bidder shall enter either its mark-up % preceded by a + $20,000.00 %sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Caterpillar BART Retrofit Equipment for vehicles

Item 6C contained in this Class. Bidder shall enter either its mark-up % $20,000.00 %preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Johnson Matthey BART Retrofit Equipment for vehicles

Item 60 contained in this Class. Bidder shall enter either its mark-up % $20,000.00 %preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT . Approved ESW Clean Tech BART Retrofit Equipment for vehicles

Item 6E contained in this Class. Bidder shall enter either its mark-up % $40,000.00 % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Clean Diesel Technologies (CDTI) BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter

Item 6F either its mark-up % preceded by a + sign or its discount % $40,000.00 % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Cummins Emission Solutions BART Retrofit Equipment

Item 6G for vehicles contained in this Class. Bidder shall enter either its mark $40,000.00 % up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing NYCT Approved BART Retrofit Equipment from all other OEM Brands not listed above for vehicles contained in this Class. Bidder shall

Item 6H enter either its mark-up % preceded by a + sign or its discount % $20,000.00 % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Page 10 - Class F

Page 2 of 3

Page 100: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class F - Price Schedule To Retrofit NYCT Vehicles with Ford Diesel Engines Three-Year Contract Term - Addendum No.3

Item 7

Item 8

All-inclusive Flat rate to Install NYCT Approved BART Retrofit Equipment for each vehicle contained in this class including submittal of all required documentation as listed in the Scope of Work Section 7 - 2 including Vehicle specific records of installation and Vehicle specific labeling.

Flat rate to re-program each truck's electronic control module (ECM) when required as part of BART retrofit.

10

10

Each

Each

Class F - Gross Sum Bid Amount =

* Important Notice to Bidders: The estimated quantities and/or prices are for bid evaluation purposes only. The Authority reserves the right to increase/decrease the dollar value of expenditures at its discretion.

**By submitting this Bid. Contractor represents that it will endeavor to obtain the lowest priced parts meeting the Contract requirements. Contractor shall provide copies of supplier invoices to substantiate its cost.

***The Authority is only interested in receiving bid mark-up pricing that is up to and including 10% above cost. Bid mark-up pricing which exceeds this amount will be deemed non-responsive.

Bidder's Name Signature

Date

Page 10 - Class F

Page 3 of 3

Page 101: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrof.itof Non-Revenue Vehicles

Class G - Price Schedule To Retrofit NYCT Vehicles with International, Mercedes, Paccar and Volvo Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 1

Item 2

Item 3

Item 4A

Item 4B

Item 4C

Item 5

Item 6A

Flat rate for Data Logging Assessment for Best Available Retrofit Technology (BART) Installations.

Flat rate for One-Way Transportation of vehicles between NYCT and Contractor's facility.

Flat rate for Pre-Installation Engine Check to Evaluate Engine Performance as necessary prior to installation of BART Retrofit Equipment.

Hourly Labor rate for Diesel Engine repair as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment

Parts Discount from latest OEM List Price for providing replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Discount % shall be entered in the Unit Price column.

Parts Mark-up (Not-to-Exceed **10%***) for furnishing non-price book replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Mark­up % shall be entered in the Unit Price column.

Flat rate to Design and Furnish required documentation as listed in the Scope of Work Section 7 - 1 including R&R Procedures, Drawings and Bill of Materials for BART retrofit equipment.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Donaldson BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

5

30

5

36

$17,500.00

$301.00

5

$3,000.00

Each

Each

Each

Hour

%

%

Each

%

Page 10 - Class G

Page 1of 3

Page 102: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class G - Price Schedule To Retrofit NYCT Vehicles with International, Mercedes, Paccar and Volvo Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 6B

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved HUSS BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$14,000.00 %

Item 6C

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Caterpillar BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$14,000.00 %

Item 60

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Johnson Matthey BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$14,000.00 %

Item 6E

Item 6F

Item 6G

Item 6H

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved ESW Clean Tech BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Clean Diesel Technologies (CDTI) BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a NYCT Approved Cummins Emission Solutions BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing NYCT Approved BART Retrofit Equipment from all other OEM Brands not listed above for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$14,000.00

$14,000.00

$14,000.00

$14,000.00

%

%

%

%

Page 10 - Class G

Page 2 of 3

Page 103: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class G - Price Schedule To Retrofit NYCT Vehicles with International, Mercedes, Paccar and Volvo Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 7

Item 8

All-inclusive Flat rate to Install NYCT Approved BART Retrofit Equipment for each vehicle contained in this class including submittal of all required documentation as listed in the Scope of Work Section 7 - 2 including Vehicle specific records of installation and Vehicle specific labeling.

Flat rate to re-program each truck's electronic control module (ECM) when required as part of BART retrofit.

5

5

Each

Each

Class G - Gross Sum Bid Amount =

* Important Notice to Bidders: The estimated quantities and/or prices are for bid evaluation purposes only. The Authority reserves the right to increase/decrease the dollar value of expenditures at its discretion.

**By submitting this Bid, Contractor represents that it will endeavor to obtain the lowest priced parts meeting the Contract requirements. Contractor shall provide copies of supplier invoices to substantiate its cost.

***The Authority is only interested in receiving bid mark-up pricing that is up to and including 10% above cost. Bid mark-up pricing which exceeds this amount will be deemed non-responsive.

Bidder's Name Signature

Date

Page 10 - Class G

Page 3 of 3

Page 104: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class H - Price Schedule To Retrofit Metro-North (MNRR) Vehicles with Caterpillar and Detroit Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 1

Item 2

Item 3

Item 4A

Item 4B

Item 4C

Item 5

Item 6A

Flat rate for Data Logging Assessment for Best Available Retrofit Technology (BART) Installations.

Flat rate for One-Way Transportation of vehicles between MNRR and Contractor's facility.

Flat rate for Pre-Installation Engine Check to Evaluate Engine Performance as necessary prior to installation of BART Retrofit Equipment.

Hourly Labor rate for Diesel Engine repair as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment

Parts Discount from latest OEM List Price for providinq replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Discount % shall be entered in the Unit Price column.

Parts Mark-up (Not-to-Exceed **10%***) for furnishing non-price book replacement parts as necessary to achieve optimal engine performance prior to installation of BART Retrofit Equipment. Mark­up % shall be entered in the Unit Price column.

Flat rate to Design and Furnish required documentation as listed in the Scope of Work Section 7 - 1 including R&R Procedures, Drawings and Bill of Materials for BART retrofit equipment.

Mark-up or Discount from Invoiced Cost for furnishing a MNRR Approved Donaldson BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

12

72

12

240

$22,500.00

$25,000.00

12

$30,000.00

Each

Each

Each

Hour

%

%

Each

%

Page 10 - Class H

Page 1 of 3

Page 105: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class H - Price Schedule To Retrofit Metro-North (MNRR) Vehicles with Caterpillar and Detroit Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 6B

Mark-up or Discount from Invoiced Cost for furnishing a MNRR Approved HUSS BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$30,000.00 %

Item 6C

Mark-up or Discount from Invoiced Cost for furnishing a MNRR Approved Caterpillar BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$30,000.00 %

Item 6D

Mark-up or Discount from Invoiced Cost for furnishing a MNRR Approved Johnson Matthey BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$30,000.00 %

Item 6E

Item 6F

Item 6G

Item 6H

Mark-up or Discount from Invoiced Cost for furnishing a MNRR Approved ESW Clean Tech BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a MNRR Approved Clean Diesel Technologies (CDTI) BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark-up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing a MNRR Approved Cummins Emission Solutions BART Retrofit Equipment for vehicles contained in this Class. Bidder shall enter either its mark up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

Mark-up or Discount from Invoiced Cost for furnishing MNRR Approved BART Retrofit Equipment from all other OEM Brands not listed above for vehicles contained in this Class. Bidder shall enter either its mark-Up % preceded by a + sign or its discount % preceded by a - sign in the Unit Price column. Contractor shall provide documentation to the Project Manager to substantiate its cost.

$30,000.00

$30,000.00

$30,000.00

$30,000.00

%

%

%

%

Page 10 - Class H

Page 2 of 3

Page 106: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

IFB 49896 - Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

Class H - Price Schedule To Retrofit Metro-North (MNRR) Vehicles with Caterpillar and Detroit Diesel Engines

Three-Year Contract Term - Addendum No.3

Item 7

Item 8

All-inclusive Flat rate to Install MNRR Approved BART Retrofit Equipment for each vehicle contained in this class including submittal of all required documentation as listed in the Scope of Work Section 7 - 2 including Vehicle specific records of installation and Vehicle specific labeling.

Flat rate to re-program each truck's electronic control module (ECM) when required as part of BART retrofit.

12

12

Each

Each

Class H - Gross Sum Bid Amount =

* Important Notice to Bidders: The estimated quantities and/or prices are for bid evaluation purposes only. The Authority reserves the right to increase/decrease the dollar value of expenditures at its discretion.

**By submitting this Bid, Contractor represents that it will endeavor to obtain the lowest priced parts meeting the Contract requirements. Contractor shall provide copies of supplier invoices to substantiate its cost.

***The Authority is only interested in receiving bid mark-up pricing that is up to and including 10% above cost. Bid mark-up pricing which exceeds this amount will be deemed non-responsive.

Bidder's Name Signature

Date

Page 10 - Class H

Page 3 of 3

Page 107: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

K. Domestic Steel Certification

If this Contract calls for the purchase of "steel products" (as defined in PARAGRAPH 23 of the INFORMATION FOR BIDDERS) estimated to cost in excess of $50,000, or for the utilization of structural or reinforcing steel for the construction, reconstruction, alteration, repair, or maintenance of a facility estimated to be in excess of $100,000, the Bidder shall certify below the amount of its Bid, if any, which represents the cost of such steel components and the cost of-such structural or reinforcing steel and also shall separately certify below the cost of such steel, if any, representing Domestic Steel and the cost of such steel, if any, representing Foreign Steel.

1. Total Cost of Steel Components $ and/or Structural or Reinforcing Steel $

2. Cost of Domestic Steel Components $ and/or Structural or Reinforcing Steel $

3. Cost of Foreign Steel Components $ and/or Structural or Reinforcing Steel $

The Bidder, by signing 'the Bid, certifies that the foregoing is to the best of Bidder's knowledge true and correct.

IF THE BIDDER FAILS TO PROVIDE ANY OF THE PRICING DATA REQUIRED ABOVE, THE AUTHORITY WILL ASSUME THAT THE BID IS BASED ON THE USE OF DOMESTIC STEEL PRODUCTS. IN SUCH CASE, IF SUCH BIDDER IS AWARDED THE CONTRACT, THE BIDDER WILL BE REQUIRED TO FURNISH DOMESTIC STEEL PRODUCTS AT THE BID PRICE.

L. Omnibus Procurement Act - Certification

1. All Bidders submitting a Bid equal to or exceeding $15,000 must check either box a. or b., as appropriate:

D a. the goods which are supplied hereunder are substantially manufactured or produced or assembled in New York State, or the services which are provided hereunder will substantially be performed within New York State;

or

D b. the goods which are supplied hereunder are substantially produced outside New York State, or the services which are provided hereunder will substantially be performed outside New York State.

1/14 Operating Contract Addendum No.3 Page 11

Page 108: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

2. Bidders, submitting a total Bid greater than $1,000,000, by signing this Bid certify that:

a. The Bidder has made all reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors on this project, and has retained the documentation of these efforts to be provided upon request to the State;

b. The Bidder has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;

c. The Bidder agrees to make all reasonable efforts to provide notification to New York State residents of employment opportunities on this project through listing any such positions with the Community Services Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Bidder agrees to document these efforts and to provide said documentation to the State upon request.

M. Certification of Compliance with the Metropolitan Transportation Authority Vendor Code of Ethics

1. Consistent with the terms of the MTA Vendor Code of Ethics (the "Code"), which are incorporated herein by reference, the Bidder, by signing the Bid, certifies that during the course of this Solicitation and any resultant Contract:

a. the Bidder has been provided with a copy of the Code and will comply with all provisions of the Code;

b. no Gift, as defined by the Code, has been or will be offered to the Authority in connection with this Solicitation or any resultant contract;

c. no conflicts of interest exist or will exist;

d. prior to any interaction with the Authority, the Bidder will provide its Participating Employees, as defined in the Code, with a copy of the Code. The Bidder will obtain their acknowledgement, as required by the Code, that they have received, read, understand, and will comply with the Code. Receipt and retention of the acknowledgements shall be subject to audit by the Authority; and

e. the Bidder will obtain certifications similar to those made herein from all of its lower tier subcontractors, subconsultants and suppliers that the Bidder engaged or are being solicited for work under any contract resulting from this procurement, whose employees may communicate with the Authority. Receipt and retention of these lower tier certifications shall be subject to audit by the Authority.

N. Iran Energy Sector Divestment - Certification

Pursuant to New York State Finance Law § 165-a, Iran Divestment Act of 2012, the Office of General Services is required to post on its web site a list of persons who have been determined to engage in investment activities in Iran ("the List"), as defined in that Act. Under Public Authorities Law § 2879-c,

1/14 Operating Contract Addendum No.3 Page 12

Page 109: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

Iranian Energy Sector Divestment, the Authority may not enter into or award a Contract unless it obtains a certification from the Bidder that it is not on the List.

By executing a Contract with the Authority each person and each person signing on behalf of any other party, certifies, under penalty of perjury, to the best of its knowledge and belief that each person is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law, located at http://ogs.ny.gov/about/regs/docs/ListofEntities.pdf. For the purposes of this certification a person shall mean as defined in paragraph (e) of subdivision one of section one hundred sixty-five-a of the state finance law, any natural person, corporation, company, limited liability company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group. In the case of a joint bid or proposal or partnership each party thereto certifies as to its own organization.

In the event a Bidder is unable to certify that it is not on the List, it must furnish a signed statement along with its BID setting forth in detail the reasons therefor. Such statement will be evaluated by the Authority, and the Authority may enter into a contract with the Bidder if it is able to demonstrate that: a) its investment activities in Iran were made before April 12, 2012; b) its investment activities in Iran have not been expanded or renewed after April 12,2012; and c) it has adopted, publicized and is implementing a formal plan to cease its investment activities in Iran and to refrain from engaging in any new investments in Iran. If the Bidder's statement is not found satisfactory in the opinion of the Authority, the Bidder may not be eligible for award of this Contract.

O. The following information is to be completed:

CHECK ONE BOX AND INCLUDE APPROPRIATE NUMBER

D Individual or Sole Proprietorship* SOCIAL SECURITY NUMBER _

D Partnership, Joint Venture or other unincorporated organization EMPLOYER IDENTIFICATION NUMBER _

D Corporation EMPLOYER IDENTIFICATION NUMBER _

P. Acknowledgment of Addenda

The Bidder hereby acknowledges receipt of all Contract Documents and Addenda through and including

ADDENDUM NO. _

(Bidder to insert number of last Addendum received.)

• Under the Federal Privacy Act, the furnishing of Social Security numbers by Bidders on this Contract is voluntary. Failure to provide a Social Security number will not result in a Bidder's disqualification. Social Security numbers will be used to identify bidders, proposers or vendors to ensure their compliance with laws, to assist the Contracting Party in enforcement of laws as well as to provide the Contracting Party a means of identifying businesses which seek contracts therewith.

Operating Contract Addendum No.3 Page 13 1/14

Page 110: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

BID

Q. Execution of Bid

Bidder is to complete and sign before a Notary Public or Commissioner of Deeds the following Affidavit of Verification section:

Type or Print the Information Requested Below:

Bidder's Full Legal Name*: * ExactNameof Individual, Firm, Corporation or Partnership.

Address:

Business Telephone Number: ( ) _

Facsimile Number: (~-~) ---------- ­

E-mail Address:

Name of Person Executing Bid:

Title of Person Executing Bid:

Bidder's Federal Taxpayer Identification Number: _

STATE OF -') ) SS.:

COUNTY OF ---')

The undersigned, being duly sworn says: (a) I am duly authorized by the Bidder to execute this Bid; (b) I have examined all parts of the Contract Documents, Bid and Price Schedule and hereby certify that the foregoing Bid and Price Schedule is in all respects true and correct and (c) the Bidder hereby authorizes the Authority to make any necessary examination or inquiry in order to make a determination as to the qualifications and responsibility of the Bidder, as well as the authority of the person executing the Bid.

(Signature of Person Executing Bid)

Sworn to before me this day of , 20__

(Notary Public or Commissioner of Deeds)

**FAILURE TO COMPLETE AND RETURN MAY DEEM BID NON-RESPONSIVE**

1/14 Operating Contract Addendum No.3 Page 14

Page 111: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

ATTACHMENT 4

Contract No. IFB 49896

Addendum No.3

NYCT DERA Retrofit Vehicle Listing

Classes A through G

Page 112: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class A

DIV PR1# YR MAKE GVW MODEL VIN PLATE# I#CYLINDEF ENG manufacturer erill YOlar HP Pholo' ASSIGNED TO GARAGED ENGINE FAMILY IN·SERV DATE

STA • S • 180 • 3 2003 FRLlNER 8T VACUUM 1FVABXAK73H K39692 K42098 6 CATERPILLER 7.2 2003 250 STATIONS NORTHERN BLVD 3CPXH0442HBV 9/16/2002

SUM • E • 605 7 2007 FREIGHT 5T ROAD CALL 1FVACWDD07HW94779 M32714 6 CATERPILLER 7.2 2007 210 14 SURF RIC CROSSTOWN 7CPXH0442HBK 121712007

SUM - E - 602 - 7 2007 FREIGHT 5T ROAD CALL 1FVACWDD07HW94782 R14405 6 CATERPILLER 7.2 2007 210 14 SURF RIC ZEREGA 7CPXH0442HBK 4/2/2007

SUM - E - 604 - 7 2007 FREIGHT 5T ROAD CALL 1FVACWDD77HW94777 M39878 6 CATERPILLER 7.2 2007 210 14 SURF RIC YUKON DEP 7CPXH0442HBK 6/21/2007

SUM - E - 601 • 7 2007 FREIGHT 5T ROAD CALL 1FVACWD077HW94780 M22953 6 CATERPILLER 7.2 2007 210 14 SURF RIC ZEREGA 7CPXH0442HBK 11/7/2006

SUM - E - 600 • 7 2007 FREIGHT 5T ROAD CALL 1FVACWDD97HW94778 M19852 6 CATERPILLER 7.2 2007 210 14 SURF RIC ZEREGA 7CPXH0442HBK 10/11/2006

SUM - E - 603 - 7 2007 FREIGHT 5T ROAD CALL 1FVACWDD97HW94781 M23808 6 CATERPILLER 7.2 2007 210 14 SURF RIC BKROAD 7CPXH0442HBK 5/1/2007

SUM - E - 401 - 4 2004 CHEV 5T ROAD CALL 1GBJ6C1C04F503175 L44451 6 CATERPILLER 7.2 2004 200 SURF RIC YUKON DEP 4CPXH0442HBK 12/19/2003

SUM - E - 403 - 4 2004 CHEV 5T ROAD CALL 1GBJ6C1C04F503533 L44467 6 CATERPILLER 7.2 2004 200 SURF RIC ZEREGA 4CPXH0442HBK 1/9/2004

SUM - E - 400· 4 2004 CHEV 5T ROAD CALL 1GBJ6C1 C84F501965 L44403 6 CATERPILLER 7.2 2004 200 SURF RIC JAMAICA DEP 4CPXH0442HBK 12/10/2003

SUM - E - 402· 4 2004 CHEV 5T ROAD CALL 1GBJ6C 1CX4F501904 L44466 6 CATERPILLER 7.2 2004 200 SURF RIC ZEREGA 4CPXH0442HBK 1/9/2004

TRK - S - 200 - 3 2003 CHEV 8T MOBILEW/S 1GBM7F1 C73F515852 L43807 6 CATERPILLER 7.2 2003 215 TRACK AYYARD 3CPXH0442HBV 3/8/2006

TRK - S - 27 - o 2000 CHEV 8T SKYWORKER 1GBP7H1C2YJ501614 L12191 6 CATERPILLER 7.2 2000 215 4 FLEET OP LINDEN SHOP YCPXH0442HRK 5/2/2000

TRK • S • 140 - o 2000 CHEV 8T TOWER 1GBP7H1C4YJ501758 K18815 6 CATERPILLER 7.2 2000 215 TRK-CD-2 AYYD YCPXH0442HRK 3/9/2001

TRK • S • 139 - o 2000 CHEV 8T TOWER 1GBP7H1 C6YJ502197 K18810 6 CATERPILLER 7.2 2000 215 TRK-CD-2 AYYD YCPXH0442HRK 3/9/2001

INF • S - 77­ 7 2008 GMC 4T VAN,STEP 1GDJ6C1 B57F421607 M33240 6 CATERPILLER 7.2 2007 200 HYDRAULICS SANDS ST 7CPXH0442HBK 1/15/2008

TRK - S - 185 - 7 2007 GMC 4T STEPVAN 1GDJ6C1B77F422015 M39002 6 CATERPILLER 7.2 2007 200 TRACK LINDEN SHOP 7CPXH0442HBK 6/17/2008

MOD - S - 21 • 4 2004 GMC 6T BOX TRUCK 1GDJ6C1C04F50806 L44470 6 CATERPILLER 7.2 2004 200 SUPPLY LOGISTICS 5504 MASPETH 4CPXH0442HBK 2/3/2004

STA • S - 105 - 4 2004 GMC 5T BOX TRUCK 1GDJ6C1C34F507874 L43803 6 CATERPILLER 7.2 2004 200 MATL CONTROL QUAY ST 4CPXH0442HBK 2/24/2004

INF - S - 63 - 4 2004 GMC 5T BOX TRUCK 1GDJ6C1C34F508166 L43809 6 CATERPILLER 7.2 2004 200 ELEV & ESC SUTPHIN BLVD 4CPXH0442HBK 2127/2004

MOD - S - 20 - 4 2004 GMC 6T BOX TRUCK 1GDJ6C1 C64F507836 L44469 6 CATERPILLER 7.2 2004 200 SUPPLY LOGISTICS 5504 MASPETH 4CPXH0442HBK 2/3/2004

MOD - S • 18 - 4 2004 GMC 5T BOX TRUCK 1GDJ6C 1C84F 507689 L43804 6 CATERPILLER 7.2 2004 200 SUPPLY LOGISTICS 5504 MASPETH 4CPXH0442HBK 2/25/2004

STA - S - 177 - 4 2004 GMC 6T BOX TRUCK 1GDJ6C1 CX4F507581 L44472 6 CATERPILLER 7.2 2004 200 1 SIGNAGE BERGEN SHOP 4CPXH0442HBK 8/19/1999

ELE - S - 46 - 6 2006 GMC 8T RACK WT/G 1GDP7E1326F402300 L98477 6 CATERPILLER 7.2 2006 210 ELECTRICAL ATLANTIC AV 6CPXH0442HaK 1/20/2006

ELE - S - 15 - 6 2006 GMC 8T STAKE BODY 1GDP7E1326F430808 M22983 6 CATERPILLER 7.2 2006 210 CABLE 1114 ATLANTIC 6CPXH0442HBK 1/8/2007

ELE - S - 14 - 6 2006 GMC 5T SCISSOR LIFT 1GDP7E1336F402127 L98518 6 CATERPILLER 7.2 2006 210 15 CABLE 100 LOCUST AV 6CPXH0442HBK 1/24/2006

SUM - S - 74 - 4 2004 GMC 8T RACK 1GDP7F1344F520528 L54814 6 CATERPILLER 7.2 2004 200 4 MATLCONT ENY 4CPXH0442HBK 11/3/2004

Page 1 of2 Addendum NO.3

Page 113: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class A

DIV PRI # YR MAKE GVW MODEL VIN PLATE# ilCYLINOER ENG manufacturer EnaYear HP Photo # ASSIGNED TO GARAGED ENGINE FAMILY IN·SERV DATE

SUT - E - 25 - 1 2001 GMC 8T DUMP SS/SP 1GDP7H1C91J514776 K13409 6 CATERPILLER 7.2 2001 215 SURF TRANS CASEY STENGEL 1CPXH0442HRK 12/28/2001

SFS - E - 7 - 5 2005 GMC 16 T WRECKER 1GDP8C1C95F512244 L90758 6 CATERPILLER 7.2 2005 210 SUPPORT FLEET ENY 5CPXH0537HBK 7/28/2005

ELE - S - 39 - 6 2006 GMC 8T LINE TRUCK 1GDP8E1306F432263 M20418 6 CATERPILLER 7.2 2006 210 CABLE 100 LOCUST AV 6CPXH0442HBK 10/25/2006

ELE - S - 57 - 6 2006 GMC 8T LINE TRUCK 1GDP8E1386F428915 M20417 6 CATERPILLER 7.2 2006 210 CABLE 100 LOCUST AV 6CPXH0442HBK 11/25/1997

TRK - S - 211 - 3 2003 FORD 8T CLIP TRUCK 3FDXW75H13MB05826 L77019 6 CATERPILLER 7.2 2003 215 CONSTRUCTION WESTCHESTER YD. 3CPXH0442HBV 6/11/2003

TRK - S - 212 - 3 2003 FORD 8T CLIP TRUCK 3FDXW75HX3MB05825 L77020 6 CATERPILLER 7.2 2003 215 CONSTRUCTION WILLETS POINT 3CPXH0442HBV 6/11/2003

INF - E • 74 - 6 2006 FORD 6T RACK/CRANE 3FRXW75S46V232393 L98478 6 CATERPILLER 7.2 2006 200 HYDRAULICS SANDS ST 6CPXH0442HBK 1/20/2006

INF - E - 75 - 6 2006 FORD 6T RACK/CRANE 3FRXW75S66V232394 L98490 6 CATERPILLER 7.2 2006 200 HYDRAULICS SANDS ST 6CPXH0442HBK 12/28/2005

SFS - S - 31 - 99 1999 GMC 8T BUCKETTRUCK 3GBKC34FOXF032717 M58109 6 CATERPILLER 7.2 2001 215 STATIONS QUAY ST YCPXH0442HRK TBTA truck

Page 2 of 2 Addendum No.3

Page 114: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class B

DlV PRJ II YR MAKE. GVW MODEL VIN I?l!..AttE# #¢ygJfJOf$B ENlSmanilfil¢!uitflt f$l"lIlY$a( HP PhOt", ASSIGNED TO GARAGED ENGINE FAMILY IN,sERV DATE

TRK - S - 24 - 99 1999 FRLlNER 7T VAN, BOX 1FV67FAA5XHB2981 0 L11949 6 CUMMINS 1999 215 FLEET OP LINDEN SHOP 3CEXH0505CAN

SFS - S - 19 - 99 1999 FRLlNER 8T RACK 1FV67FAAXXHB30242 L12444 6 CUMMINS 1999 215 CAP. CONSTRUCT. MIDDLE VILLAGE 3CEXH0505CAN

SFS - E - 1 - 6 2006 STER. 10T CAR CARRIER 49HABVCY66RV80483 L9B209 6 CUMMINS 2006 215 SUPPORT FLEET ENY 3CEXH0505CAN 9/23/2005

Page 1 of 1 Addendum No. 3

Page 115: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class C

DIV PRI # YR MAKE GVW MODEL VIN PLATE# ~CYLINDeF ENG manufacturer enaY...,r HP Photo. ASSIGNED TO GARAGED ENGINE FAMILY IN-SERVDATE

INF - S - 205 - 5 2005 GMC 6T RACK 1GDP7F1366F401429 L98479 8 DURAMAX 2005 200 5 TRACK BERGEN ST. 5S2XH07.84RB 12/1/2005

SUM - S - 94 - 5 2005 GMC 3T RACK 1GDC4C1255F514249 L86351 6 DURAMAX 6.6 2005 200 SURF MTC P&E GLEASON DEP 5S2XH07.84RB 3/24/2005

SUM - S - 97 - 5 2005 GMC 3T RACK 1GDC4C1285F514066 L86350 6 DURAMAX6.6 2005 200 SURF MTC P&E 131ST ST-BWY 5S2XH07.84RB 3/15/2005

STA - S - 112 - 5 2005 GMC 3T WELDER 1GDE4E1225F518778 L85878 6 DURAMAX6.6 2005 200 STATION MTCE 30TH ST YD 5S2XH07.84RB 4/22/2005

SUM - S - 87 - 5 2005 GMC 3T WELDER 1GDE4E1285F518509 L85883 6 DURAMAX6.6 2005 200 SURF MTC P&E 131ST ST-BWY 5S2XH07.84RB 5/9/2005

TRK - S - 64 - 5 2005 GMC 3T . WELDER 1GDE4E1285F518946 L86374 6 DURAMAX6.6 2005 210 PROD EQUIP LINDEN SHOP 5S2XH07.84RB 4/19/2005

STA - S - 158 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1305F527937 L98740 6 DURAMAX6.6 2005 200 23 STATION MTCE E180TH ST 5S2XH07.84RB 2123/2006

STA - S - 162 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1305F528022 L98751 6 DURAMAX6.6 2005 200 23 STATIONS E.180ST 5S2XH07.84RB 3/9/2006

STA - S - 161 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1325F533898 M31711 6 DURAMAX6.6 2005 200 23 STATION 40 CONWAY ST. 5S2XH07.84RB 7/14/2007

STA - S - 160 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1355F529943 L98474 6 DURAMAX6.6 2005 200 23 STATION MAINTENANCE 5S2XH07.84RB 3/30/2006

SUM - S - 85 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1395F533493 M23977 6 DURAMAX6.6 2005 200 23 SURF MTC P&E GLEASON DEP 5S2XH07.84RB 6/20/2007

SUM - S - 83 - 5 2005 GMC 6T DUMP 1GDP7C1C65F526606 L98767 6 DURAMAX 6.6 2005 200 6 SURF MTC P&E 131ST ST-BWY 5S2XH07.84RB 9/21/2005

STA - S - 121 - 5 2005 GMC 8T DUMP 1GDP8C1385F520304 L86388 6 DURAMAX6.6 2005 210 6 STATION MTCE CONWAY ST 5S2XH07.84RB 7/6/2005

STA - S - 10 - 5 2005 GMC 7T VAN, BOX 1GDP8E1305F528649 L98513 6 DURAMAX6.6 2005 200 MATL CONTROL QUAY ST 5S2XH07.84RB 1/20/2006

TRK - S - 4 - 6 2006 GMC 4T RACK 1GDE4E 1236F429772 M20031 6 DURAMAX 7.8 2006 210 12 PROD EQUIP WCHESTER YD 5S2XH07.84RB 10/23/2006

SUM - S - 8 - 6 2006 GMC 4T RACK TRUCK 1GDE4E1286F430027 M20407 6 DURAMAX 7.8 2006 210 12 9TH AVE 5S2XH07.84RB 10/17/2006

SUM - S - 7 - 6 2006 GMC 4T RACK TRUCK 1GDE4E12X6F429459 M19884 6 DURAMAX 7.8 2006 210 12 CMF ZEREGA 5S2XH07.84RB 10/18/2006

ELE - S - 1 - 5 2005 GMC 6T VAN,STEP 1GDJ6C1315F530491 L98716 6 DURAMAX 7.8 2005 200 CABLE 1114 ATLANTIC 5S2XH07.84RB 7/17/2006

ELE - S - 87 - 5 2005 GMC 6T VAN,STEP 1GDJ6C1325F530158 M13981 6 DURAMAX 7.8 2005 200 23 CABLE 1114 ATLANTIC 5S2XH07.84RB 4/5/1993

ELE - S - 88 - 5 2005 GMC 4T BOX, TRUCK 1GDJ6C1335F527950 L98758 6 DURAMAX 7.8 2005 200 23 CABLE 100 LOCUST AV 5S2XH07.84RB 3/18/1993

TRK - S - 14 - 5 2005 GMC 6T STEPVAN 1GDJ6C1345F530033 L98787 6 DURAMAX 7.8 2005 200 23 CD II TRACK JAMAICA YD. 5S2XH07.84RB 4/28/2006

ELE - S - 27 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1345F532140 M22940 6 DURAMAX 7.8 2005 200 23 CABLE 100 LOCUST AV 5S2XH07.84RB 1/24/2007

ELE - S - 31 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1345F532302 M23839 6 DURAMAX 7.8 2005 200 23 CABLE 100 LOCUST AV 5S2XH07.84RB 3/21/2007

ELE - S - 13 - 5 2005 GMC 4T BOX TRUCK 1GDJ6C1375F527630 L98230 6 DURAMAX 7.8 2005 200 CABLE 1114 ATLANTIC 5S2XH07.84RB 10/11/2005

ELE - S - 32 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1375F532312 M23308 6 DURAMAX 7.8 2005 200 23 CABLE 1114 ATLANTIC 5S2XH07.84RB 4/16/2007

ELE - S - 28 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1375F532388 M22961 6 DURAMAX 7.8 2005 200 23 CABLE 1114 ATLANTIC 5S2XH07.84RB 31712007

ELE - S - 29 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1385F530262 M22917 6 DURAMAX 7.8 2005 200 23 CABLE 1114 ATLANTIC 5S2XH07.84RB 1/9/2007

ELE - S - 30 - 5 2005 GMC 4T VAN,STEP 1GDJ6C1385F532190 M22954 6 DURAMAX 7.8 2005 200 23 CABLE 100 LOCUST AV 5S2XH07.84RB 2/23/2007

INF - S - 176 - 5 2005 GMC 4T BOX, TRUCK 1GDJ6C1395F527645 L98499 6 DURAMAX 7.8 2005 200 MOW PITKIN YD. 5S2XH07.84RB 1/6/2006

ELE - S - 89 - 5 2005 GMC 4T STEPVAN 1GDJ6C13X5F533518 M23347 6 DURAMAX7.8 2005 200 23 CABLE ATLANTIC AV 5S2XH0784RB 5/24/2007

Page 1 of 3 Addendum NO.3

Page 116: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class C

DIV PR1# YR MAKE GVW MODEL VIN PLATE# ItiCYLINDEF ENG manufacturer EnoYear HP Photo # ASSIGNED TO GARAGED ENGINE FAMILY IN-SERV DATE

INF - S - 5 - 5 2005 GMC 8T DUMP 1GDP7C1C15F526450 L99537 6 DURAMAX 7.8 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07.B4RB 9/20/2005

INF - S - 4 - 5 2005 GMC 8T DUMP 1GDP7C1 C75F526243 L98521 6 DURAMAX 7.8 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07.84RB 9/9/2005

INF - S - 1 - 6 2006 GMC 10T GANG TRUCK 1GDP7E1316F428970 M23986 6 DURAMAX 7.8 2006 210 9 INFSTRUCTURE TIFFANY ST 5S2XH07.84RB 6/28/2007

TRK - S - 11 - 6 2006 GMC 8T STAKE BODY 1GDP7E1316F431643 R12572 6 DURAMAX 7.8 2006 210 12 TRACK MAINT LINDEN SHOP 5S2XH07.84RB 1/29/2007

INF - S - 8 - 6 2006 GMC 10T GANG TRUCK 1GDP7E1326F405603 M31722 6 DURAMAX 7.8 2006 210 9 IRONWORKERS TIFFANY ST 5S2XH07.84RB 7/19/2007

INF - S - 11 - 6 2006 GMC 10 T GANG TRUCK 1GDP7E 1326F405682 M31744 6 DURAMAX7.8 2006 210 9 IRONWORKERS TIFFANY ST 5SZXH07.B4RA 10/12/2007

INF - S - 68 - 6 2006 GMC 10 T GANG TRUCK 1GDP7E1326F406735 M32720 6 DURAMAX 7.8 2006 200 INFRASTRUCTURE COZINE SHOP 5S2XH07.B4RB 12/20/2007

INF - S - 73 - 6 2006 GMC 10T GANG TRUCK 1GDP7E1326F407724 M33295 6 DURAMAX 7.8 2006 200 IRONWORKERS COZINE 5S2XH07.84RB 1/8/1997

STA - S - 114 - 6 2006 GMC 6T STAKE/CRANE 1GDP7E1326F430145 M23809 6 DURAMAX 7.8 2006 210 STATION MTCE 14TH ST. 5S2XH07.84RB 4/3/2007

STA - S - 185 - 6 2006 GMC 10 T STAKE BODY 1GDP7E1326F430954 M20043 6 DURAMAX 7.8 2006 210 18 STATION MTCE STILLWELL 5S2XH07.84RB 12/7/2006

TRK - S - 178 - 6 2006 GMC 7T SCISSOR LIFT 1GDP7E1336F402421 L98778 6 DURAMAX 7.8 2006 210 5 TRACKMAINT PITKIN YARD 5S2XH07.84RB 4/26/2006

INF - S - 23 - 6 2006 GMC 10T GANG TRUCK 1GDP7E 1336F430459 M31743 6 DURAMAX 7.8 2006 210 9 IRONWORKERS TIFFANY ST 5S2XH07.84RB 10/11/2007

INF - S - 9 - 6 2006 GMC 10 T GANG TRUCK 1GDP7E1356F406292 M32701 6 DURAMAX 7.8 2006 210 9 IRONWORKERS COZINE AVE 5S2XH07.84RB 10/30/2007

INF - S - 10 - 6 2006 GMC 10 T GANG TRUCK 1GDP7E 1356F428325 M23987 6 DURAMAX 7.8 2006 210 9 INFSTRUCTURE TIFFANY ST 5S2XH07.84RB 6/28/2007

SUM - S - 120 - 6 2006 GMC 8T STAKE 1GDP7E 1356F430592 M20044 6 DURAMAX 7.8 2006 210 12 SURF MTC P&E 131ST ST-BWY 5S2XH07.84RB 12/13/2006

TRK - S - 13 - 6 2006 GMC 8T SCISSOR LIFT 1GDP7E1386F401989 L98540 6 DURAMAX 7.8 2006 210 5 3RD RAIL 38TH STYD 5S2XH07.84RB 7/19/1994

STA - S - 190 - 6 2006 GMC 8T PLATF/CRANE 1GDP7E1386F429963 M24086 6 DURAMAX 78 2006 210 STATION MTCE CONWAY ST 5S2XH07.84RB 8/29/2007

INF - S - 12 - 6 2006 GMC 8T STAKE BODY 1GDP7E1386F430294 M22918 6 DURAMAX 7.8 2006 210 18 SHOP SUPPORT BERGEN SHOP 5S2XH0784RB 1/17/2007

INF - S - 55 - 6 2006 GMC 8T STAKE BODY 1GDP7E1386F431011 M22905 6 DURAMAX 7.8 2006 200 12 SHOP SUPPORT BERGEN ST. 5S2XH0784RB 1/8/2007

INF - S - 2 - 6 2006 GMC lOT GANG TRUCK 1GDP7E1396F406599 M32721 6 DURAMAX 7.8 2006 210 9 INFRASTRUCTURE COZINE 5S2XH07.84RB 12/13/2007

INF - S - 13 - 6 2006 GMC 10T GANG TRUCK 1GDP7E 1396F428490 M31786 6 DURAMAX7.8 2006 210 9 IRONWORKERS COZINGAVE 5S2XH07.84RB 10/25/2007

INF - S - 53 - 6 2006 GMC 10 T GANG TRUCK 1GDP7E 1396F428697 M32702 6 DURAMAX 7.8 2006 200 9 IRONWORKERS COZINE AVE 5S2XH07.84RB 10/25/2007

INF - S - 21 - 6 2006 GMC 10 T STAKE BODY 1GDP7E1396F430689 M22932 6 DURAMAX 7.8 2006 210 MOW BERGEN SHOP 5S2XH07.84RB 1/17/2007

MDD - S - 50 - 4 2004 GMC 8T RACK 1GDP7F1304F520316 R14698 6 DURAMAX 7.8 2004 200 10 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 1/13/2005

SUM - S - 93 - 4 2004 GMC 8T STAKE 1GDP7F1314F520504 L85837 6 DURAMAX 7.8 2004 200 4 SURF MTC GRAND AVE 5S2XH07.84RB 2/14/2005

MDD - S - 49 - 4 2004 GMC 8T RACK 1GDP7F1324F520382 M50134 6 DURAMAX 7.8 2004 200 10 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 12/8/2004

FCS - S - 53 - 5 2005 GMC 8T STAKE 1GDP7F1326F400732 L98243 6 DURAMAX 7.8 2005 210 AFC MAINTENANCE 8THAV 5S2XH07.84RB 4/18/2005

MDD - S - 51 - 4 2004 GMC 8T RACK 1GDP7F1354F520909 R14423 6 DURAMAX 7.8 2004 200 10 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.B4RB 1/13/2005

STA - S - 155 - 5 2005 GMC 8T DUMP 1GDP8C1305F519969 L86398 6 DURAMAX 7.8 2005 210 6 QUEENS ROOSEVELT AV 5S2XH07.84RB 7/13/2005

INF - S - 54 - 5 2005 GMC 8T DUMP 1GDP8C1315F515199 R14436 6 DURAMAX 7.8 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07.84RB 6/27/2005

Page 2 of 3 Addendum NO.3

Page 117: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class C

DIV PR1# YR MAKE GVW MODEL VIN PLATE# WCYLINDER ENG manUfacturer EnaYeat Hp Photo# ASSIGNED TO GARAGED ENGINE FAMILY IN-SERVDATE

STA • S • 156· 5 2005 GMC 8T DUMP 1GDP8C1375F520827 L86378 6 DURAMAX 7.8 2005 210 6 STATION CONWAY ST 5S2XH07.84RB 6/23/2005

INF • S • 28· 5 2005 GMC 8T DUMP 1GDP8C 1395F520103 R14420 6 DURAMAX 7.8 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07.84RB 6/20/2005

INF • S • 3· 5 2005 GMC 8T DUMP 1GDP8C13X5F515072 L86382 6 DURAMAX 7.8 2005 210 6 SHOP SUPPORT BERGEN SHOP 5S2XH07.84RB 6/28/2005

TRK • S - 52 - 5 2005 GMC 7T VAN. BOX 1GDP8E1305F528005 L98472 6 DURAMAX 7.8 2005 210 TRACKMAINT WCHESTERYD 5S2XH07.84RB 11/16/2005

TRK - S • 170· 5 2005 GMC 8T CLIP TRUCK 1GDP8E1305F529414 M20400 6 DURAMAX 7.8 2005 200 TRACK JAMAICA YD. 5S2XH07.84RB 10/17/2006

TRK • S • 51 • 5 2005 GMC 8T CLIP TRUCK 1GDP8E1315F53151 M31712 6 DURAMAX 7.8 2005 210 TRACK MAlNT WCHESTERYD 5S2XH07.84RB 7/31/2007

TRK - S • 176· 5 2005 GMC 8T CLIP TRUCK 1GDP8E1345F530467 M22960 6 DURAMAX 7.8 2005 200 TRACKMAINT ENY 5S2XH07.84RB 3/8/2007

INF • S • 100· 5 2005 GMC 8T TOWER TRUCK 1GDP8E1375F530088 M20438 6 DURAMAX 7.8 2005 210 5 IRON SOUTH BERGEN SHOP 5S2XH07.84RB 7/3/1992

TRK - S • 71 • 5 2005 GMC 8T CLIP TRUCK 1GDP8E1375F530897 M23309 6 DURAMAX 7.8 2005 210 CAPITAL CD·2 AYYD 5S2XH07.84RB 4/25/2007

TRK - S - 67· 5 2005 GMC 8T VAN. BOX 1GDP8E 1395F528407 L98484 6 DURAMAX7.8 2005 200 3 T-6Z0NE 1 PITKIN YO 5S2XH07.84RB 1219/2005

STA - S • 201 • 5 2005 GMC 8T CLIP TRUCK 1GDP8E1395F532229 M31742 6 DURAMAX 7.8 2005 210 STATIONS MTCE. STILLWELL AVE. 5S2XH07.84RB 10/10/2007

SIG • S • 16· 5 2005 GMC 8T BOX. TRUCK 1GDP8F1355F528216 L98471 6 DURAMAX 7.8 2005 210 SUBWAY. SIGNAL 215TH ST 5S2XH07.84RB 11/16/2005

INF -S· 160· 5 2005 GMC 8T RACK 1GDP8F1375F520456 L98480 6 DURAMAX 7.8 2005 210 5 COZINE BERGEN SHOP 5S2XH07.84RB 12/2/2005

TRK • S • 177 - 6 2006 GMC 7T SCISSOR LIFT 1GP7E1356F401674 L98776 6 DURAMAX 7.8 2006 210 5 TRACKMAINT CORONA YD. 5S2XH07.84RB 4/18/1994

INF - S • 57· 5 2005 ISUZU 10 T RACK 4GTP7F1365F700209 L85861 6 DURAMAX 7.8 2005 200 IRONWORKERS COZINEAV. 5S2XH07.84RB 2123/2005

RES • S • 58· 5 2005 ISUZU 10 T RACK RESERVE 4GTP7F1385F700194 R28734 6 DURAMAX 7.8 2005 200 CMF RECYCLING EASTCHESTER 5S2XH07.84RB 2/23/2005

MOD • S - 28· 6 2006 GMC 8T STAKE BODY 4GTP8F1316F700844 M20419 6 DURAMAX 7.8 2006 210 18 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 11/6/2006

MDD • S • 29· 6 2006 GMC 8T STAKE BODY 4GTP8F 134F700823 M20445 6 DURAMAX 7.8 2006 210 18 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 11/21/2006

MDD • S • 59· 6 2006 ISUZU 8T STAKE BODY 4GTP8F 1396F700851 M22997 6 DURAMAX 7.8 2006 210 18 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 1/21/1997

MDD • S • 66· 5 2005 GMC 10T RACK 1GDP7F1315F528488 R28682 6 ISUZU 2005 210 5 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 9/8/2005

MDD - S • 47· 5 2005 GMC 10 T RACK 1GDP7F1365F528339 L98149 6 ISUZU 2005 210 5 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 8/31/2005

MDD • S • 62· 5 2005 GMC 10 T RACK 1GDP7F1385F528701 L99500 6 ISUZU 2005 210 5 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 8/31/2005

MDD • S • 2· 5 2005 GMC 8T RACK 1GDP8F1305F520007 L98498 6 ISUZU 2005 210 5 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 12/20/2005

MDD • S • 1 - 5 2005 GMC 8T BOX TRUCK 1GDP8F1315F528228 L98247 6 ISUZU 2005 210 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 11/15/2005

MDD - S • 52 - 5 2005 GMC 8T VAN. BOX 1GDP8F1385F528713 L98248 6 ISUZU 2005 210 SUPPLY LOGISTICS 5504 MASPETH 5S2XH07.84RB 11/3/2005

MDD • S • 17· 4 2004 GMC 8T RACK 1GDP7F1324F520768 M50135 ISUZU 7.8 2004 200 10 SUPPLY LOGISTICS 5504 MASPETH 4SZXH07.84RA 12/13/2005

Page 3 of 3 Addendum NO.3

Page 118: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class 0

DIV PRJ # ¥R MAKE GVW MODEL 1\tIN PLATE# ilc¥tlNDEf ENGmantlfaatirer cna'tear HP PhdlO# ASS1GNEDTO GARAGED ENGINE FAMILY IN-5ERVDATE

SUM - S - 142 - 2 2002 MACK 10 T CAR CARRIER 1FM2K194CX2M021234 K17660 6 MACK 2002 300 SURF MTC P&E GLEASON DEP 2MKXH11.9H59 10/12/2005

TRK - S - 54 - 5 2005 MACK 50 T TRI-AX TRACTOR 1M1AG11Y75M023334 L86365 6 MACKA1350 2005 300 FLEET OP LINDEN SHOP 4MKXH11.9V67 3/24/2005

ELE - E - 2 - 4 2004 MACK 15 T CBL PULLER 1M2AG11C44M012774 L55029 6 MACKA1350 2004 300 CABLE 1114 ATLANTIC 4MKXH11.9V65 6/10/2004

ELE - E - 49 - 4 2004 MACK 15 T CBL PULLER 1M2AG11C64M012775 L55030 6 MACKA1350 2004 300 CABLE 100 LOCUST AV 4MKXH11.9V67 6/16/2004

TRK - S - 130 - 5 2005 MACK 15T STAKE/CRANE 1M2AG11 C65M025575 L98199 6 MACKA1350 2005 300 17 3RD RAIL SEC. 38TH ST YD 5S2XH07.84RB 9/20/2005

TRK - S - 3 - 5 2005 MACK 15T STAKE 1M2AG11 C75M025990 L98757 6 MACKA1350 2005 300 17 3RD RAIL 38TH ST YD 5S2XH07. 84RB 3/28/2006

STA - E - 82 - 6 2006 MACK 12 T REFUSE TRK 1M2AL02C96M003088 L98503 6 MACKA1350 2006 300 13 REFUSE 4TH AVE. 6MKVXH11.9V65 1/3/2006

SUT - E - 502 - 5 2005 MACK 13 T SNOWFGHTR 1M2K189C05M027695 L98238 6 MACKA1350 2005 300 16 SURF TRANS J. GLEASON 5MKXH11.9V74 7/8/2013

SUT - E - 509 - 5 2005 MACK 13 T SNOW FGHTR 1M2K189C05M027700 L98214 6 MACKA1350 2005 300 16 SURF TRANS FRESH POND 5MKXH 11.9V65 9/9/2013

SUT - E - 506 - 5 2005 MACK 13 T SNOW FGHTR 1M2K189C25M027696 L98227 6 MACKA1350 2005 300 16 SURF TRANS MANHVILLE 5MKXH11.9V65 7/8/2013

SUT - E - 503 - 5 2005 MACK 13 T SNOWFGHTR 1M2K189C25M02770 1 L98228 6 MACKA1350 2005 300 16 SURF TRANS M. QUILL 5MKXH11.9V65 7/8/2013

INF - E - 14 - 6 2006 MACK 15 T EMERGENCY 1M2K1 89C26M032012 M24082 6 MACKA1350 2006 300 INFRASTUCTURE SANDS ST 5MKXH11.9V67 8/22/2007

SUT - E - 500 - 5 2005 MACK 13 T SNOW FGHTR 1M2K189C45M027697 L98125 6 MACKA1350 2005 300 16 SURF TRANS 100TH ST 5MKXH11.9V65 7/8/2013

SUT - E - 501 - 5 2005 MACK 13 T SNOWFGHTR 1M2K189C45M027702 L98246 6 MACKA1350 2005 300 16 SURF TRANS WEST FARMS 5MKXH 11.9V67 7/8/2013

INF - E - 31 - 6 2006 MACK 15 T EMERGENCY 1M2K1 89C46M032013 M24081 6 MACKA1350 2006 300 INFSTRUCTURE SANDS ST 5MKXH11.9V67 8/22/2007

SUT - E - 507 - 5 2005 MACK 13 T SNOWFGHTR 1M2K189C65M027698 L98213 6 MACKA1350 2005 300 16 SURF TRANS ENY 5MKXH11.9V67 1/24/2006

SUT - E - 504 - 5 2005 MACK 13 T SNOW FGHTR 1M2K189C65M027703 L98231 6 MACKA1350 2005 300 16 SURF TRANS KINGS BR. 5MKXH11.9V67 7/8/2013

SUT - E - 505 - 5 2005 MACK 13 T SNOW FGHTR 1M2K189C75M027693 L98232 6 MACKA1350 2005 300 16 SURF TRANS GUN HILL 5MKXH11.9V74 7/8/2013

SUT - E - 508 - 5 2005 MACK 13 T SNOWFGHTR 1M2K189C85M027699 L98215 6 MACKA1350 2005 300 16 SURF TRANS QVILLAGE 5MKXH11.9V74 8/1/2013

SUT - E - 510 - 5 2005 MACK 13 T SNOW FGHTR 1M2K189C95M027694 L98239 6 MACKA1350 2005 300 16 SURF TRANS YUKON DEP 5MKXH11.9V67 7/8/2013

Page 1 of 1 Addendum No.3

Page 119: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class E

DIV PRI # YR MAKE GVVV MODEL VIN ......... PLATE# IICYUNDER ENGmanufactUrtir EnaYear IiIP Photo' ASSIGNED TO GARAGED ENGINE FAMILY IN-5ERV DATE

TRK - S - 153 - 3 2003 FRLlNER 20T TRACTOR 1FUJALCG43LK26694 K17641 6 DETROIT 2003 350 21 FLEET OP LINDEN SHOP YDDXH06.5EJB 7/24/2002

TRK - S - 152 - 3 2003 FRLlNER 20 T TRACTOR 1FUJALCG63LK26695 K17656 6 DETROIT 2003 350 21 FLEETOP LINDEN SHOP YDDXH06.5EJB 7/24/2002

TRK - S - 147 - 3 2003 FRLlNER 20 T TRACTOR 1FUJALCG63LK26696 K17647 6 DETROIT 2003 350 21 FLEET OP LINDEN SHOP YDDXH06.5EJB 7/24/2002

TRK - S - 150 - 3 2003 FRLlNER 20 T TRACTOR 1FUJALCGX3LK26697 K17648 6 DETROIT 2003 350 21 FLEET OP LINDEN SHOP YDDXH065EJB 7/25/2002

Page 1 of 1 Addendum NO.3

Page 120: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class F

DlV PR1# YR MAKE GVW MODEL VIN PLATE# # CYLINDER ENG manufacturer EnaYear HP Phota# ASSIGNED TO GARAGED ENGINE FAMILY IN-SERVDATE

SFS - S - 40 - 5 2005 FORD 2T PARA BUS 1FDVVE35P25HA09516 R28711 8 FORD 2005 300 ENY DEPOT ENY DEPOT 4EG042CB Para Transit

MKT - S - 1 - 7 2007 FORD 3T VAN, CUTAWAY 1FDXE45P87DA92874 M24069 8 FORD F 450 2007 300 MARKETING 201 -17 BUSH ST 7EG042AB 8/21/2007

STA - S - 130 - 4 2004 FORD 4T UTILITY TRUCK 1FDAVV56P14EC41719 L54790 8 FORD F 550 2004 300 STATION MTCE E180TH ST 4EH042CB 9/28/2004

SIG - S - 18 - 4 2004 FORD 4T VAN. BUCKET 1FDAVV56P84EC41720 R12564 8 FORD F 550 2004 300 CONSTRUCT. SUPP. STILLVVELL AV 4EH042CB 12/7/2001

CES - S - 11 - 4 2004 FORD 4T UTILITY TRUCK 1FDAVV56PX4EC41718 L54788 8 FORD F 550 2004 300 BUS/ELECT MTC 2020 BROADVVAY 4EH042CB 9/28/2004

CES - S - 14 - 4 2004 FORD 4T UTILITY TRUCK 1FDAVV56PX4EC41721 L54787 8 FORD F 550 2004 300 SUB/ELECT MTC 2020 BROADVVAY 4EH042CB 9/28/2004

INF - S - 34 - 6 2006 FORD 4T WELDING TRUCK 1FDXVV46P76EA99397 L98544 8 FORD F-450 2006 300 IRONVVORKERS COZINEAV. 6EG042AB 2/6/2006

INF - S - 135 - 6 2006 FORD 3T STAKE 1FDXVV46PX6ED09605 M13929 8 FORD F-450 2006 300 STRUCTURES COZINE SHOP 4EG042AB 7/17/2006

STA -S - 159 - 6 2006 FORD 4T BUCKETTRUCK 1FDAVV56P26EA18544 L98502 8 FORD F550 2006 300 STATION MTCE ROOSEVELT AV 6EG042CB 1/12/2006

STA - S - 202 - 6 2006 FORD 6T CRANE TRK 3FRXVV75S26V232392 L98514 8 FORD F550 2006 300 STATIONS MTCE. HOYT-SCHMER 5S2XH07.84RB 1/19/2006

Page 1 of 1 Addendum NO.3

Page 121: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

Contract No. IFB 49896 - NYCT DERA Vehicle Listing for Class G

DIV PRI # YR MAKE GVW MODEL VIN PLATE# I#CYLINDEF ENG manufacturer EngYl9.i HP Photo # ASSIGNED TO GARAGED ENGINE PAMILY IN-SERV DATE

SFS - E - 2 - 4 2004 MACK 30 T WRECKER 1M2P266C04M067264 L94415 6 MERCEDES 2004 300 SUPPORT FLEET ENY 3F0066 12/4/2003

MKT - S - 3 - 3 2003 FRLlNER 3T SPRINTER WD2YD442735491645 L44435 5 MERCEDES 2003 154 CUSTOMER INFORM 201 -17 BUSH ST 3MBXH6.37DJC 12/12/2003

SFS - S - 30 - 3 2003 KEN-W 12T WRECKER 1NKDHU9X63J705979 L90314 6 PACCAR 2003 360-500 SUPPORT FLEET 1997 BROADWAY 2KS61721 9/6/2009

STA - S - 146 - 96 1996 VOLVO 11 T VACUUMTRUCK 4VMDCKBE5WN756526 L45401 6 VOLVO 1996 300 STATION MTCE STILLWELL AV 2VTXH07.350S

STA - S - 213 - 1 2001 INT'L 6T CLIP 1HTSCABR71 H336356 K16631 6 INTERNATIONAL 2001 210 STATION MTCE STILLWELL AV 1NVXH0530ACT 5/23/2001

Page 1 of 1 Addendum No.3

Page 122: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

ADDENDUM NO.3

Contract No. IFB 49896

Diesel Emission Reduction Act (DERA) Retrofit of Non-Revenue Vehicles

ATTACHMENT 5

Vendor Code of Ethics

D Metropoliten Transportation Authority

New York City Transit Long Island Rail Road Metro-North Railroad Bridges and Tunnels • Capital Construction Bus Company

Page 123: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

D Metropolitan Transportation Authority

TABLE OF CONTENTS

Chapter 1: DEFINITIONS 2

Chapter 2: LIMITATIONS ON CONTACTS WITH THE MTA 3

Section 2.01 Designated Point(s) of Contact 3

Chapter 3: NON-COLLUSION . 4

Section 3.01 Independent Bid Assessment 4

Section 3.02 Non-Communication of Bid 4

Section 3.03 Bid Submission 4

Chapter 4: GIFTS OR CONTINGENT FEES 4

Section 4.01 Zero Tolerance 4

Section 4.02 Personal Relationships 5

Section 4.03 Contingent Fees 5

Chapter 5: NEGOTIATIONS FOR FUTURE EMPLOYMENT 5

Section 5.01 General 5

Section 5.02 Restrictions 6

Chapter 6: CONFLICT OF INTEREST 7

Section 6.01 Financial Interest 7

Section 6.02 Disclosure and Cooperation 8

Chapter 7: FORMER MTA EMPLOYEES 8

Section 7.01 Appearance Before Former Agency-Two Year Bar 8

Section 7.02 Appearance Before Former Agency-Life Time Bar 8

Chapter 8: DISTRIBUTION AND CERTIFICATION 9

Section 8.01 Gift Certification 9

Section 8.02 Distribution of Vendor Code of Ethics & Vendor's

Participating Employee Acknowledgements 9

Section 8.03 Vendor Certifications 9

Section 8.04 Subcontractor Certifications 10

Chapter 9: PENALTIES 11

Section 9.01 Responsibility Determination 11

Section 9.02 Civil/Criminal Penalties 11

Chapter 10: REPORTING OBLIGATION 11

Section 10.01 Reporting Gift Requests 11

Section 10.02 Reporting Material Changes 11

Page 1 of 12 MTA VENDOR CODE of ETHICS

Page 124: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

D Metropolitan Transportation Authority

Chapter 1: DEFINITIONS

As used in this Code, the following terms have the following meanings:

Contact means any oral or written communication with any officer, member of the Board or other employee of the MTA, other than the Designated Point(s) of Contact, where it could be reasonably inferred that such contact was intended to influence, or could reasonably be expected to influence, the subject of an MTA procurement. '

Designated Point(s) of Contact means the individual(s) designated to be a Vendor's only contact with the MTA following the public advertisement of a solicitation or the issuance of a request for a bid, proposal, or quote for small purchases, until the award of a resulting contract.

Employee means any officer or employee of the MTA and also includes any member of the Board.

Family Member means (i) an MTA Employee's Spouse, Domestic Partner, Child or Sibling; (ii) a person who is a direct descendant (or the spouse of a direct descendant) of a Grandparent of the MTA Employee or a Grandparent of the MTA Employee's Spouse or Domestic Partner; or (iii) a person living in the same household as an MTA Employee.

Gift means the transfer, without equivalent consideration, of any thing or benefit, tangible or intangible, having more than nominal value, including, but not limited to, loans, forbearance, services, travel, gratuities of any kind, favors, money, meals, refreshments, entertainment, hospitality, promises, tickets to entertainment or sporting events, weekend trips, golf outings, loans of equipment, or other thing or benefit. A Gift need not be intended to influence or reward any individual or entity.

MTA Agency or MTA means any of the following: Metropolitan Transportation Authority Headquarters, MTA New York City Transit, Manhattan and Bronx Surface Transit Operating Authority, MTA Long Island Rail Road, MTA Metro­North Railroad, MTA Bus Company, MTA Capital Construction Company, the Staten Island Rapid Transit Operating Authority, the First Mutual

Page 2 of 12 /viTA VENDOR CODE of ETHICS

Page 125: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

D Metropolitan Transportation Authority

Transportation Assurance Company, MTA Bridges and Tunnels and any future subsidiary or affiliated Agency. '

Participating Employee means any Vendor employee who engages in any written or oral communication of a non-clerical or administrative nature with the MTA or with an MTA employee(s) as part of the procurement.

Participating MTA Employee means any MTA Employee who the Vendor knows, has reason to know, or can reasonably anticipate is involved in a specific procurement, in either a direct or decision-making capacity, but not in a clerical capacity. This includes but is not limited to the Designated Point of Contact, the project manage!, the project manager's staff to the extent that they are involved in the procurement, members of selection committees, technical experts and negotiating teams.

Primary Contracting Party means a Vendor who intends to directly enter into or has a contract with the MTA.

State Ethics Law means New York State Public Officers Law Sections 73, 73-a, 74, and the rules and regulations promulgated thereunder as may be amended or modified by the New York State Legislature or the Joint Commission on Public Ethics.

State Procurement Lobbying Law means New York State Finance Law Sections 139-j and 139-k, and the rules and regulations promulgated thereunder as may be amended or modified.

Vendor means any individual or entity seeking to or doing business with the MTA within the scope of this Code, including, without limitation, contractors, consultants, suppliers, manufacturers seeking to act as the primary contracting party, officers and employees of the foregoing, as well as any subcontractors, subconsultants and suppliers at all lower tiers.

Chapter 2: LIMITATIONS AND REPORTING OF CONTACfS WITH THE MTA

Section 2.01 Designated Point(s) of Contact

Each procurement solicitation issued by MTA will identify the MTA's Designated Point(s) of Contact for that solicitation as required by the State

Page 3 of 12 MTA VENDOR CODE of ETHICS

Page 126: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

D Metropolitan Transportation Authority

Procurement Lobbying Law. Once the Designated Pointts) of Contact is/are established, the Vendor and any person or entity acting on the Vendor's behalf, including without limitation, those providing compensated or uncompensated lobbying, advocacy, consulting or other services should ensure that its contacts with the MTA are in compliance with the requirements of the State Procurement Lobbying Law.

Chapter 3: NON-COLLUSION

Section 3.01 Independent Bid Assessment

The Vendor will calculate the price(s) contained in any bid or proposal independently, without collusion, consultation, communication, or agreement with any other competing Vendor for the purpose of restricting competition.

Section 3.02 Non-Communication ofBid

Unless otherwise required by law, the price(s) which the Vendor quotes in its bid or proposal will not knowingly be disclosed by the Vendor, directly or indirectly, to any other competing Vendor prior to the closing date for bids or proposals.

Section 3.03 Bid Submission

The Vendor will not make any attempt to induce any other individual or entity to submit or not to submit a bid or proposal.

Chapter 4: GIFI'S OR CONTINGENT FEES

Section 4.01 Zero Tolerance

No Vendor may offer or give any Gift, directly or indirectly, to an MTA Employee. Similarly, no Vendor may offer or give any Gift, directly or . indirectly, to any family member of an MTA employee where such Gift is made because of the Vendor's relationship with the MTA Employee.

Page 4 of 12 MTA VENDOR CODE of ETHICS

Page 127: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

D Metropolitan Transportation Authority

Section 4.02 Personal Relationships

Notwithstanding the foregoing, if a Vendor has a family or personal relationship with the employee, a gift that is unconnected with the employee's duties at the MTA is not necessarily prohibited.

In determining whether the giving of an item was motivated by personal rather than business concerns, the following factors are considered:

(a) the history of the relationship between the donor and the recipient; and

(b) whether the item was purchased by the donor.

The giving of an item shall not be considered to be motivated by a family or personal relationship if the donor seeks to charge or deduct the value of the item as a business expense or seeks reimbursement from a client.

However, regardless of the family or personal relationship between a Vendor and an employee, a Gift is strictly forbidden where it is being given under circumstances where it can reasonably be inferred that it was intended to influence the employee in the performance of his or her official duties.

Section 4.03 Contingent Fees

The Vendor will not employ or retain any individual or entity for the purpose of soliciting or securing an MTA contract upon any agreement or understanding for a commission, percentage, brokerage, or fee that is contingent or dependent upon the outcome of the procurement.

Chapter 5: NEGOTIATIONSFOR FlITURE EMPLOYMENT

Section 5.01 General

MTA Employees are subject to the restrictions set forth below in connection with negotiations for future employment with Vendors. It is expected that Vendors will approach any such solicitation or negotiation with knowledge and understanding of these restrictions and will conduct themselves accordingly.

Page 5 of 12 MTA VENDOR CODE of ETHICS

Page 128: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

I) Metropolitan Transportation Authority

With regard to specific procurements, Vendors shall not discuss future employment with Participating MTA Employees from the date the procurement is advertised or solicited through the date that the procurement is awarded, even if an MTA Participating Employee contacts the Vendor regarding employment. Questions regarding whether a particular MTA employee is a Participating MTA Employee for a specific procurement should be directed to the Designated Point of Contact for the procurement.

Section 5.02 Restrictions

(a) Solicited

Employees are prohibited from soliciting an employment opportunity with a non-governmental individual or entity that has a specific pending matter before the Employee.

Those Employees seeking employment outside of government with an entity or individual that has a specific pending matter before the Employee may only solicit an employment opportunity with the non­governmental individual or entity after waiting:

(i) 30 days from the time the matter before the Employee is closed, or

(ii) 30 days from the time the Employee has no further involvement with the matter because of recusal or reassignment.

(b) Unsolicited

Employees who receive an unsolicited post-government employment­related communication from a non-governmental individual or entity that has a specific pending matter before the Employee cannot pursue employment with the non-governmental entity or individual unless the following occurs:

(i) they recuse themselves from the matter and any further official contact with the entity or individual and

Page 6 of 12 MTA VENDOR CODE of ETHICS

Page 129: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

DMetropolitan Transportation Authority

(ii) they wait 30 days from such recusal to enter into post­government employment communications with the entity or individual.

(c) Notification

Employees must promptly notify their supervisor and Agency ethics officer of such outside employment related communications whether or not they intend to pursue the post-government employment opportunity.

In the event of such notification of a solicitation and Employee's desire to pursue the solicitation, the Employee's supervisor is obligated to advise such supervisor's superiors, in writing, up to. and including the Department Head, of the Employee's desire to pursue the solicitation and the manager's intention to establish recusal procedures, if practical, to reassign the individual or to refuse reassignment.

(d) Recusal

Recusal procedures shall be applied only if practical and in the best interests of the applicable MTA Agency. Reassignment shall be refused when the manager determines that reassignment would be impractical or inappropriate. The manager may not take action with respect to notifying the Employee of such manager's decision until approved by the Department Head. If recusal procedures are not practical and in the best , interests of the applicable MTA Agency or if reassignment is refused, the Employee is prohibited from pursuing the solicitation.

Chapter 6: CONFliCT OF INTEREST

Section 6.01 Financial Interest

Neither the Vendor, nor any director, officer, principal, or partner thereof, as the case may be, may have a 10% or greater interest, nor shall the Vendor, nor any director, officer, principal, or partner thereof, acquire a 10% or greater interest, either directly or indirectly, in any company or firm that would conflict in any manner or degree with the performance of the MTA contract.

Page 7 of 12 MTA VENDOR CODE of ETHICS

Page 130: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

D Metropolitan Transportation Authority

The Vendor will not permit an employee having a 10% or greater interest, either directly or indirectly, in any company or firm that would conflict in any manner or degree with the performance of the MTA contractto be employed in the performance ofthe MTA contract.

Section 6.02 Disclosure and Cooperation

The Vendor shall provide to the MTA, at the MTA's request and upon such forms as may be furnished by the MTA, a disclosure of organizational, financial, contractual or other affiliations with any organization that has interests that may be substantially affected by the procurement solicitation. The Vendor shall cooperate in any inquiry or investigation undertaken by the MTA to determine whether any such affiliations present a conflict of interest.

Chapter 7: FORMER MTA EMPLOYEES

Section 7.01 Appearance Before Former Agency-Two Year Bar

Except as provided for in Section 73 of the State Ethics Law, the Vendor will not permit a former officer or employee of the MTA to appear or practice before the agency that employed the officer or employee in relation to any case, proceeding or application or other matter before that agency, either prior to award or in the performance of an MTA contract, for a period of two years after termination of the officer's or employee's services with the agency.

Section 7.02 Appearance Before Former Agency-Life Time Bar

Except as provided for in Section 73 of the State Ethics Law, the Vendor will not permit a former officer or employee of the MTA to appear, practice, communicate or otherwise render service before the agency that employed the officer or employee or any other agency of the MTA, either prior to award or in the performance of an agency's contract in relation to any case, proceeding, application or transaction with respect to which such former officer or employee was directly concerned and in which he or she personally participated, or which was under his or her active consideration during the period of his or her employment. This provision is a lifetime bar on projects that the former employee previously worked on while employed by the agency.

Page 8 of 12 MTA VENDOR CODE of ETHICS

Page 131: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

DMetropolitan Transportation Authority

Chapter 8: DISTRIBUTION AND CERTIFICATION

Section 8.01 Gift Certification

Every bid or proposal made to and every contract with the MTA above the small purchase threshold must contain a certification that no individual or entity has been or will be offered or given any Gift in connection with such bid or contract and that no conflicts of interest exist.

Section 8.02 Distribution of Vendor Code of Ethics and Vendor's Participating Employee Acknowledgements

As a condition of being considered for the award of any contract above the MTA's small purchase threshold, the Vendor will be required to distribute copies of the MTA Vendor Code of Ethics to all Participating Employees prior to any of those employee's participation in the procurement. The Code may be distributed either in hard copy or electronically as a separate PDF.

Additionally, as a condition of being considered for the award of any contract above the MTA's small purchase threshold, the Vendor will be required to obtain an acknowledgement from each of its Participating Employees ("Participating Employee Acknowledgements") that they have received, read, understand, and will comply with the MTA Vendor Code of Ethics.

The Vendor's responsibility for distributing copies of the MTA Vendor Code of Ethics, obtaining such signed Participating Employee Acknowledgements, and retaining said acknowledgements is ongoing and shall last through the completion of performance of the contract.

Receipt and retention of Participating Employee Acknowledgments by the Vendor shall be subject to audit by the MTA.

Section 8.03 Vendor Certifications

As a condition of being considered for the award of any contract above the MTA's small purchase threshold, the Vendor will be required to submit with its bid or proposal and include in its contract a further certification executed by an authorized official of that Vendor.

Page 9 of 12 MTA VENDOR CODE of ETHICS

Page 132: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

D Metropolitan Transportation Authority

This certification must attest that:

(a) The Vendor has been provided with a copy of the MTA Vendor Code of Ethics and will comply with all of the provisions of the Code;

(b) All of its Participating Employees during the course of the procurement or contract have been provided with a copy of the MTA Vendor Code of Ethics prior to any of those employee's participation in the procurement;

(c) All Participating Employees have completed the acknowledgement required by Section 8.02 of this Code;

(d) The Vendor will retain all of the signed Participating Employee Acknowledgements through the completion of performance of the contract; and

(e) The Vendor will continue to distribute the MTA Vendor Code of Ethics, obtain signed Participating Employee Acknowledgements as new Participating Employees are added or changed during the contract period, and retain all of the signed acknowledgements through the completion of performance of the contract.

Section 8.04 Subcontractor Certifications

As a condition of being considered for the award of any contract above the MTA's small purchase threshold, the Vendor will obtain certifications executed by authorized officials from all of its lower tier subcontractors, subconsultants and suppliers (as well as from any other subcontractors, subconsultants and suppliers from whom that Vendor is soliciting or has received proposals for work on an MTA contract) whose employees have communicated or may communicate with MTA employees. This obligation is ongoing and shall last through the completion of performance of the contract. Receipt and retention of lower tier certifications by the Vendor shall be subject to audit by the MTA.

Page 10 of 12 MTA VENDOR CODE of ETHICS

Page 133: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via

I> Metropolitan Transportation Authority

Chapter 9: PENALTIES

Section 9.01 Responsibility Determination

For violation of any provision of the MTA Vendor Code of Ethics, the MTA may avail itself of every remedy in law or equity, or as agreed to by parties in any contract, including but not limited to declaring the Vendor non­responsible, debarred or in material breach of the contract.

Section 9.02 Civil/Criminal Penalties

Additionally, violation of the MTA Vendor Code of Ethics or a provision thereof may subject the Vendor to criminal or civil penalties under State or Federal law.

Chapter 10: REPORTING OBLIGATION

Section 10.01 Reporting Gift Requests

Notwithstanding the provisions of Chapter 4 above, the Vendor is obligated to immediately report to the MTA's Chief Compliance Officer and senior procurement official of the MTA, any and all requests made to the Vendor by any officer, employee of the MTA, or member of the Board for a Gift.

Section 10.02 Reporting Material Changes

The Vendor is under a continuing obligation to report any change in circumstances that materially affects any prior report to the MTA, including but not limited to disclosure of conflicts of interest and representations made in the Contractor Responsibility Form.

Page 11 of 12 MTA VENDOR CODE of ETHICS

Page 134: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 135: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 136: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 137: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 138: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 139: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 140: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 141: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 142: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 143: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 144: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 145: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 146: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via
Page 147: 2 BROADWAY NEW YORK, NY 10004 DIVISION OF …web.mta.info/nyct/procure/addenda/49896add5.pdf · 2 Broadway Carmen Bianco ... Please be advised that Addenda notification is sent via