2 BROADWAY NEW YORK, NY 10004 DIVISION OF ...web2bw.mta.info/nyct/procure/addenda/104339add7.pdfassembly and disassembly of the welding site, and the Flash-Butt Welder and Roller setup

MTA· NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, NY 10004

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

[email protected]

0000104339 NOTICE

-OFADDENDUM

ADDENDUM # 7

BID OPENING/DUE DATE: 12/7/16

2 Broadway Veronique H8kHD New York. NY 10004 President

3) New York City Transit

November 29, 2016

ADDENDUM No.7 CONTRACT # RFQ 104339

Flash-Butt Welding Services, Training and Leasing of Flash-Butt Welding Equipment

All prospective bidders are advised of the following:

I, The Contract Numher - RFQ 104339 - remains unchanged.

2. The Scope of Work is amended, is inclnded herewith, and forms part of this Addendum No.7. Under Section VII "Technical Welding Procedures During the Training Period", Paragraph F "Inspection and Testing of Plant Welding", Snhparagraph No.2 regarding magnetic particle testing has heen deleted.

3. The following qnestion regarding insurance was received in connection with RFQ 104339 and is answered helow:

01. For the railroad protective quote, how many freight and passenger trains per day will run through the area? Who are the operating railroads in the Linden Yard?

At. As the contractor will he working on the only useahle track in Linden Yard North, there will he no other train traffic. NYC Transit Maintenance of Way work trains will he responsible for any movements in Linden Yard North.

Reminder: Be snre to attacb this addendum to yonr proposal or acknowledge it in the place provided in tbe Bid. Failure to do so may result in rejection of your bid.

If you have any questions, please contact Teresa McLoughlin Rice at (646) 252-6273 or via email atteresa.riceriVnvct.com.

SinCerelY~ Q~ /' ~~ v'

Steven Picillo Acting Assistant Chief Procurement Officer

MTA New York City Transit is an agency of the Metropohtan Transportation Authority, State of New York

Page I of I 669563 vi UI[j}CI2~ II,II~

TECHNICAL SPECIFICATIONS

Page No.

I. General Responsibilities of the Contractor 3

II. General Responsibilities of NYC Transit .4

III. Required Pre-Award Submittals .4

IV. Warranty 5

V. Requirements for Training NYC Transit Personnel.. .5

VI. Requirements for Welding Rail Together to Produce Continuous Welded Rail ("CWR") Strings by the Electric Flash-Butt Welding Process during the Training Period 6

A. General Requirements B. Required Submittals Prior to Work Commencement C. Job Reporting Requirements D. Materials Requirements E. Test Weld Requirements

VII. Technical Welding Procedures during the Training Period 8

A. Rail Cleaning and Prepping B. Rail Welding C. CWR Strings D. Rail Straightening, Cropping and Rail End Preparation E. Welding Protocols F. Inspection and Testing of Plant Welding

VIII. Flash-Butt Welding System Maintenance and Repair 12

IX. Clean Up 12

Page 1 of 12 610416 vII Amended Scope or Work - Addendum No.7

LINDEN SHOP FLASH-BUTT WELDING SERVICES

Scope of Work

The Work to be performed under this Contract shall be generally comprised of (a) ondemand, flash-butt welding services; and (b) on-demand flash-butt welding training of New York City Transit ("NYC Transit") personnel. The welding and training services shall be scheduled at NYC Transit's discretion and shall take place at NYC Transit's Linden Shop located at 1500 Linden Boulevard, Brooklyn, NY I 1212 ("Linden Shop"). The Contract duration is four (4) years from the date of Award and is structured as follows:

• During a time period not to exceed the initial two hundred (200) hours of the Contract ("the Training Period"), the Contractor shall provide both flash-butt welding services and training services as set forth more fully herein. The Contractor shall be required to flash-butt weld I I5-lb. RE and 100-8 rails, while also training NYC Transit personnel (100-8 rails are IDO-lb. rails with a special profile rail head made to conform to NYC Transit technical requirements).

• For the balance of the Contract term, the Contractor shall, on an on-demand basis, lease the flash-butt welding system to NYC Transit, which system shall be operated by NYC Transit personnel. The Contractor may, at its option, maintain an Operator on location to oversee NYC Transit's use of the machine. Throughout the term of the Contract, the Contractor shall be responsible for the periodic service maintenance and any necessary repairs of the flash-butt welding system as set forth in more detail herein.

Within fourteen (I4) days of notification by NYC Transit, the Contractor shall mobilize at the Linden Shop all personnel and equipment necessary to provide flash-butt welding services and training services to NYC Transit. During the first two hundred hours of the Contract, the Contractor shall be required to complete an estimated 400 initial welds and produce one hundred (100) strings, three hundred and ninety (390) feet in length. Each string will have approximately four (4) welds (assuming 78 foot long rail is used, although shorter rail may be substituted at NYC Transit's sole discretion.)

Additional welding and training shall be performed by the Contractor on an as-needed basis as designated by NYC Transit during the Training Period. Contractor shall remobilize at the Linden Shop and be ready to re-commence welding and training operations within fourteen (14) days of notification by NYC Transit.

All work performed pursuant to this Contract shall conform to the following requirements:

Page 2 of 12 610416 v l l Amended Scope of Work - Addendum No.7

I. General Responsibilities of the Contractor

I. The Contractor shall complete all welding in conformance with all requirements set forth herein including the "Technical Requirements for Welding Rails Together to Produce Continuous Welded Rail ("CWR") Strings by the Electric Flash Butt Welding Process" and "Technical Welding Procedures" set forth in Sections IV and V herein.

2. The Contractor must provide the following:

a. A self-contained portable/mobile flash-butt welding system;

b. A diesel generator sufficient to provide adequate power for successful operation of the flash-butt welding equipment.

c. A controller module to control performance of the welding head.

d. A Recorder instrument used to produce charts showing traces of electrical impulses and movable platen travel to determine the quality of each weld.

e. All necessary rail rollers to support production of 390 feet strings.

f. Sufficient personnel to (l) continuously operate, maintain and repair the Flash-Butt Welding equipment during the Training Period pursuant to the schedule designated by NYC Transit; and (2) perform service maintenance and repairs to the equipment as needed during the balance of the Contract term

g. Sufficient personnel to polish the web and rough grind the head, web and base during the Training Period pursuant to the schedule designated by NYC Transit.

h. Sufficient personnel to finish grind the base, rail head, web, and base edge during the Training Period pursuant to the schedule designated by NYC Transit.

I. Sufficient personnel to fully train NYC personnel on the operation of the flash-butt welding system.

J. Railroad Protective Insurance in conformance with the requirements set forth in Schedule A of the Contract.

k. All consumables required in the operation of the Contractor's welding plant, with the sole exception of diesel fuel which will be provided by NYC Transit.

Page 3 of 12 610416 vII Amended Scope of Work-Addendum No.7

3. All Contractor personnel shall be required to wear all necessary Personal Protective Equipment ("PPE") and follow all NYC Transit safety regulations.

4. All welds performed by the Contractor will be inspected and tested by a Testing Agent supplied by NYC Transit. If a weld is rejected, the Contractor shall re-weld all welds at no cost to NYC Transit.

5. The Contractor shall not charge NYC Transit for any equipment failures, repair or down time ofthe Contractor.

6. The Contractor's mobilization fee, set forth in Item I of the Price Schedule of the Bid, shall include all costs and expenses to mobilize all personnel, equipment and materials at the Linden Shop necessary for welding including, but not limited to, assembly and disassembly of the welding site, and the Flash-Butt Welder and Roller setup.

7. All Contractor personnel must attend and pass NYC Transit Track Safety CertificationTraining ("Training") before any work on NYC Transit property can be done. The Training is one day in duration. NYC Transit will provide the course to the Contractor at no charge. However, all other expenses relating to course attendance (including,but not limited to, labor hours, travel and other incidentals) are to be borne by the Contractor.

II. General Responsibilities of NYC Transit

I. NYC Transit will provide the Contractor with a designated area at Linden Yard to support the Contractor's equipment and rail welding operation.

2. NYC Transit will provide a Testing Agent to inspect and ultrasonically test each weld for defects in accordance with ASTM ElM.

3. During the Training Period, NYC Transit personnel will feed the rail into position to enable the Contractor to clean, prep, weld, grind the rail and test the weld. Once this process is complete, NYC personnel will move the welded string out of position. At the expiration of the Training Period, NYC Transit personnel will be responsible for all aspects of the rail welding operations.

4. NYC Transit will provide diesel fuel for the operation of the Contractor's welding equipment. As set forth in Paragraph I.2.b. herein, the Contractor is to provide its own generator. No fuel shall be provided by NYC Transit for the Contractor's vehicles.

III.Reguired Pre-Award Submittals

I. Within five (5) business days of request by NYC Transit, the Contractor shall provide the following:

Page 4 of12 610416 vII Amended Scope of Work - Addendum No.7

a. The manufacturer's catalog, performance data and detailed specifications of the equipment to be used for rail welding and handling, including lists and details of equipment for the electric flash-butt welds and all other work required hereunder.

b. Documentation confirming the Contractor's welding qualifications, including all applicable licenses.

c. Written confirmation of the Contractor's welding ability, including facilities, personnel qualifications and a list ofcompleted projects similar in scope.

d. The Contractor's proposed equipment and procedure for straightening welds (where necessary) including reference data of successful use on previous projects.

IV. Warranty

The Contractor shall provide an unconditional warranty for each weld against failures or defects for a period of twelve (12) months after the date of acceptance of each weld by NYC Transit. The Contractor shall accept NYC Transit's records with respect to the date of acceptance.

V. Requirements for Training NYC Transit Personnel

1. During the Training Period, the Contractor shall train NYC Transit personnel to become proficient in the use of the flash-butt welding system.

2. The Contractor shall train a sufficient number of NYC Transit personnel to allow NYC Transit to independently operate and perform basic maintenance of the flash-butt welding system. If the Contractor determines that NYC Transit personnel reach such a competency level before the two hundred (200) hours are reached, it shall so notify NYC Transit. NYC Transit may, at its option, begin independent operation of the flash-butt welding system after receipt of such notice.

3. Throughout the term of the Contract, the Contractor may be required to, at the option ofNYC Transit, (a) train additional personnel in the operation of the flashbutt welding system; and/or (b) train NYC Transit personnel to a competency level such that NYC Transit personnel may assume training responsibilities.

Page 5 of 12 610416 vII Amended Scope of Work - Addendum No.7

VI. Requirements for Welding Rails Together to Produce Continuous Welded Rail ("CWR") Strings by the Electric Flash Butt Welding Process During the Training Period.

A. General Requirements

I. The Contractor shall ensure that all welding is in compliance with all generally accepted industry guidelines including, but not limited to, the following:

a. The American Railway Engineering and Maintenance of Way Association's (AREMA) Manual for Railway Engineering, Volume I, Chapter 4, Rail, latest edition;

b. The American Society for Testing and Materials (ASTM International) guidelines EIO (Test Method for Brinell Hardness of Metallic Materials); E94 (Guide for Radiographic Examination); EI64 (Practice for Ultrasonic Contact Examination ofWeldments); and E709 (Guide for Magnetic Particle Examination.)

2. The Contractor shall ensure that all welding is in compliance with NYC Transit requirements including NYC Transit's MW-I Track StandardsManual, latest Edition, section203.16 CWR (providedupon request by NYCT MOW Track Engineering).

B. Required Submittals Prior to Work Commencement

Prior to beginning any work pursuant to the Contract, the Contractor shall, within three (3) days of request by NYC Transit, submit the following to NYC Transit for approval. The submittal identified below is subject to modification by NYC Transit. Such modifications, if any, shall have no impact on the Bid Price, unless such modifications alter the Scope of Work.

a. A work program, including a job plan, or plan of execution, and schedules for electric flash-butt rail welding.

C. Job Reporting Requirements

I. Throughout the duration of its welding activities, the Contractor shall submit the following reports:

a. Brush recorder charts for each electric-flash butt weld. Each welding machine shall be equipped with a brush recorder to produce charts showing traces of electrical impulses and movable platen travel. These charts are to be submitted to NYC Transit's Project Manager/Supervisor for each weld. Welds not in conformance with approved standards, as indicated by the charts, shall be rejected.


b. Daily summary reports of production rail welding by completing the "Record of Weld" attached hereto as Attachment "A".

c. A weekly summary report of CWR strings produced, which includes the following information; String number, Lead Rail heat, ingot and letter; End Rail heat, ingot and letter; String length; String temperature at the time of measurement of length.

D. Materials Requirements

1. The Contractor shall provide all incidental materials required to complete the work in accordance with these Specifications.

2. A reasonable amount of materials as may be absolutely necessary to avoid delay in the Work may be stored on Authority property with the approval of the Project Manager. However, where said material stored within or on the property is deemed to be combustible, inflammable or otherwise constitute a hazard to the safe operation of the property, it shall be stored (i) in a safe and orderly manner and (ii) within a fire resistant enclosure. The amount of all such material and the method of its storage shall be determined by the Project Manager. Materials must not be piled at any time within fifteen (15) feet of any fire hydrant or fire alarm box or piled or stored in a manner that would hinder or obstruct access to fire extinguishers. The security of such material shall become the sole responsibility of the Contractor. Replacement of any item(s) lost or stolen shall become the Contractor's sole responsibility to replace the item(s) at no cost or charge to NYC Transit.

E. Test Weld Requirements

1. Prior to the beginning of production welding, the Contractor shall make three (3) test welds on each welding machine using the same welding procedure that will be used in production welding. Each test weld shall join two (2) pieces of rail 18 inches in length.

2. The inspection of welding procedures and testing of welds shall be performed by the NYC Transit Testing Agent. The testing procedures set forth herein shall apply:

a. Test each test weld radiographically with a minimum of 4 exposures: One through the head, one through the web, and one through each of the 2 flanges. Perform radiography in accordance with ASTM E142.


Radiographic film shall be Type I or Type 2. Exposed film density shall be within the range of 1.5 to 3.8.

b. Magnetic particle test each test weld by the coil method (longitudinal magnetization) using the dry powder method in accordance with ASTM E709.

c. Ultrasonically test each test weld in accordance with ASTM EI64. Use equipment capable of detecting a 3/64-inch discontinuity, 6-1/2 inches below top of rail. Ultrasonic inspection of all welds shall be performed in accordance with the requirements of Sections 4.4 and 4.5 of Chapter 4 of the AREMA Manual using Level II ASNT qualified personnel.

d. Test each test weld for hardness in accordance with ASTM EIO. Perform this test on the head of the rail in the center of the weld. The hardness of the weld shall be equal to the average Brinell hardness of the two (2) parent rails joined with a permissible variance of20 Brinell points.

e. Weld acceptance will be based on the weld quality requirements stated above. Production welding shall not commence until NYC Transit accepts the test welds. The Contractor shall be allowed no more than three (3) attempts to produce welds acceptable to NYC Transit. Failure to produce acceptable welds is grounds for termination of this Contract at the discretion ofNYC Transit.

VII. Technical Welding Procedures During tbe Training Period

A. Rail Cleaning and Prepping. Rail cleaning and prepping shall be the responsibility of the Contractor. The Contractor shall be responsible for any scratching, notching, rubbing. scoring, or striking of the rails caused by improper handling during the welding process.

B. Rail Welding

I. All production welding shall use procedures specified in this Section. The Contractor shall weld rail by the electric-flash butt welding process and shall weld conforming to AREMA Manual, Chapter 4, Section 3.11, Specifications for Fabrication of Continuous Welded Rail, as applicable, except as modified or appended in this Section. (The Contractor is responsible for retaining a licensed copy of the latest edition of the AREMA Manual).

Each welding machine shall be equipped with a brush recorder to produce charts showing traces of electrical impulses and movable platen travel. The Contractor shall submit the recorded chart to the


NYCT's Project Manager/Supervisor for each weld. Should the chart indicate performance which is not in conformance with the approved standards, the weld will be rejected.

C. CWR Strings

1. The Contractor shall weld CWR Strings 390 feet long unless otherwise directed in writing by NYC Transit's Project Manager/Supervisor.

2. The Contractor shall paint the both the string number and length with an aluminum paint on both sides of the web of the rail at each end of each string.

3. The Contractor shall be responsible for ensuring that the rails are welded so that the Heat Number appears on the same side in each string.

4. The Contractor shall be responsible for ensuring no welding is done within 8 inches ofa bolt hole.

D. Rail Straightening, Cropping and Rail End Preparation

1. During rail prepping, the Contractor shall field align or cut rail ends not meeting the requirements of AREMA Chapter 4, Section 3.11, Specifications for Fabrication of CWR.

2. Where rail ends cannot be straightened or cut to achieve the required rail end tolerance, the Contractor shall advise NYC Transit and NYC Transit will make a determination on whether the rail should be rejected. NYC Transit will mark whichever rail is to be rejected. The rejected and/or scrap rail is the property of NYC Transit. The Contractor shall be responsible for stockpiling all rejected/scrap rail in an on-site area designated by NYC Transit's Project Manager/Supervisor.

3. The Contractor shall cut, clean and square all rails cut prior to welding by means of rail saws or abrasive cutting disks in accordance with AREMA Manual, Chapter 4, Section 2.1, Specifications for Steel Rails. The Contractor shall not torch cut rail. The small, scrap sections of cropped rail are the property of NYC Transit and shall be disposed of by the Contractor in an on-site area designated by the NYC Transit's Project Manager/Supervisor.

4. When performing Rail End Preparation, the Contractor shall:

Page 9 ofl2 610416 vII Amended Scope of Work- Addendum No.7

a. Clean the rails free of grease, oil, dirt, scale and moisture to a minimum of 6 inches back from the rail ends, including the rail end surfaces.

b. Grind rail areas in contact with electrodes to remove mill scale and raised lettering.

c. Align the faces of the rail ends. Divide any difference in the width of the rail heads equally on both sides of the head.

d. Align vertically for a flat running surface. Any difference of height of the rail shall be made in the base.

e. Align horizontally so that any variance in width of the 2 rail heads is split equally between gauge and field side, providing the misalignment along the gauge line does not exceed 0.040 inch. Additional variance shall be apportioned to the field side of the weld.

f. Rail ends shall be square and smooth, and shall show no steel defects, dents or porosity before welding.

E. Welding Protocols

1. Each weld shall have full penetration and complete fusion, and shall be free of cracks.

2. Small porosity and slag inclusion which show on radiographic film will be accepted only if the total area of internal defects does not exceed 0.09 square inches and the largest single defect does not exceed 0.180 inch in diameter.

3. At the time the weld is made, the Contractor shall mark a sequential weld number on the rail immediately adjacent to the weld using a quality aluminum paint marker.

4. The Contractor shall number the welds sequentially in the order in which they are made.

5. Where the Contractor has replaced welds previously rejected by NYC Transit as defective, the Contractor shall assign a new sequential number to the replacement weld by adding a letter to the defective weld number. (E.g. defective weld 109 will be replaced by 109A).

6. The Contractor shall make an accurate record of all welds by filling in the "Record of Weld" form attached as Attachment "A" at the time of each weld completion.


7. The Contractor shall finish the weld with a rail mounted profile grinder specifically designed for the work. Finishing shall conform to the following tolerances:

i. Top of rail head: Plus 0.010 inch to minus 0 inch of the parent rail section. ii. Sides of rail head: Plus or minus 0.010 inch of parent rail section.

8. The Contractor shall finish the balance of the rail section with a hand-held grinder as required to remove notches, protrusions, gouges, visible cracks and other defects. All grinding shall blend to the parent rail section and shall not overheat the steel. The Contractor shall complete heavy grinding while the steel is still hot from welding.

F. Inspection and Testing of Plant Welding

All inspection and testing of the plant welding will be done by the NYC Transit's Testing Agent.

1. The NYC Transit Testing Agent shall visually and dimensionally inspect each weld to determine conformance with the alignment and finishing tolerances specified in AREMA Manual, Chapter 4, Section 3.11, Specifications for Fabrication of Continuous Welded Rail. Outof- tolerance welds are to be cut out and re-welded in accordance with this Section.

2. NOT USED.

3. The NYC Transit Testing Agent shall ultrasonically test each weld for defects in accordance with ASTM E164. Testing equipment shall be capable of detecting a 3/64-inch discontinuity, 6-1/2 inches below top of rail. The Testing Agent shall perform ultrasonic testing after the rail has been de-stressed. The ultrasonic inspection of all welds shall be performed in accordance with the requirements of Sections 4.4 and 4.5 of Chapter 4 of the AREMA Manual using Level II ASNT qualified personnel.

4. The NYC Transit Testing Agent shall inspect each weld using a 3-foot straightedge along the centerline ofthe rail and 0.625 inch below top of rail on the gauge side of the rail head. The Testing Agent shall center the straightedge over the weld; the gap between the straightedge and the rail must comply with the requirements of AREMA Manual, Chapter 4.


5. The Contractor shall re-weld all welds rejected during inspection or testing.

6. NYC Transit's Project Manager/Supervisor may randomly select any welds and request that it be retested at any time within the period of the Contract.

7. Prior to the completion of welding each full 390 foot string, and before handling by NYC Transit personnel and storage in place, NYC Transit's Project Manager/Supervisor will visually inspect all welds to verify the base riser break off area has been smoothed. Rough areas which have not been smoothed shall be corrected by the Contractor.

VIII. Flash-Butt Welding System Maintenance and Repair

The Contractor shall be responsible for the service, maintenance and repair of the flash-butt welding system and all component parts during the entire term of the Contract. Day-to-day maintenance of the equipment shall be performed by NYC Transit upon completion of the Training Period. Any necessary repairs shall be completed within seven (7) days of notification by NYC Transit to the Contractor. If the repairs cannot be completed within this time frame, the Contractor shall provide a replacement flash-butt welding system within the same seven (7) day period.

IX. Clean Up

During the Training Period, the Contractor shall make a daily inspection of its working area(s). It shall collect and dispose of any remaining scrap sections of cropped rail in the area designated by NYC Transit. All remaining debris is to be trucked out by the Contractor at his own expense.

Page 12 of 12 610416 vII Amended Scope of Work- Addendum No.7


NEW YORK, NY 10004

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

[email protected]

0000104339 NOTICE

-OFADDENDUM

ADDENDUM # 6


2 Broadway Veromque Hakim New York, NY 10004 President

I) New York City Transit

November 2, 2016




1. The Bid Opening Date has been rescheduled 10 December 7, 2016.

2. A Pre-Bid Conference is scheduled for 10:00 am November 15, 2016 at 2 Broadway, 19'h Floor, New York, N.Y. All Bidders are encouraged 10 attend. Please call the number idenlified below at least 24 hours in advance 10 confirm your attendance,

3. Due 10 the PeopleSoft computer operating system upgrade, the Contract number for this solicitation will change in advance of the Bid Opening Dale. A further Addendum will issue to advise of the new Contract number.

4. The Price Schedule portion of the Bid document is amended, is included herewith, and forms part of this Addendum No.6.

Bid Item No. 1 has been amended to increase the estimated number of mobilizations from two (2) to six (6). Bid Item No. 2 has been amended to increase the estimated number of equipment leasing weeks from 16 weeks to 24 weeks. Bid Item No.5 has been deleted in its entirety. Bid Item No.6 has been amended to clarify that it pertains to the training/welding crew only.

5. The Scope of Work is amended, is included herewith, and forms part of this Addendum No.6. As set forth in more detail in the Amended Scope of Work, the following requirements have been removed from the Scope of Work: (a) that the Contractor weld an estimated 30 - 35 welds per day during the Training Period; and (b) that the Contractor assume responsibility for providing a Testing Agent for the ultrasonic testing of each weld.

Reminder: Be sure to aUach this addendum to your proposal or acknowledge it in the place provided in the Bid. Failure to do so may result in rejection of your bid.

If you have any questions, please contact Teresa McLoughlin Rice at (646) 252-6273 or via email [email protected].

MTA New York City Transit is an apency of the Meiropo'rtan Transportation Authority, State of New York

Page 1 oft 667517 vl

TECHNICAL SPECIFICATIONS

Page No.

I. General Responsibilities of the Contractor 3

II. General Responsibilities of NYC Transit 4

III. Required Pre-Award Submittals 5

IV. Warranty 5

V. Requirements for Training NYC Transit Personnel 5

VI. Requirements for Welding Rail Together to Produce Continuous Welded Rail ("CWR") Strings by the Electric Flash-Butt Welding Process during the Training Period 5

A. General Requirements B. Required Submittals Prior to Work Commeucement C. Job Reporting Requirements D. Materials Requirements E. Test Weld Requirements

VII. Technical Welding Procedures during the Training Period 8

A. Rail Cleaning and Prepping B. Rail Welding C. CWR Strings D. Rail Straightening, Cropping and Rail End Preparation E. Welding Protocols F. Inspection and Testing of Plant Welding

VIII. Flash-Butt Welding System Maintenance and Repair 13

IX. Clean Up 13

Page 1 ofl2 610416 vlO Amended Scope or Work - Addendum No.6

LINDEN SHOP FLASH-BUTT WELDING SERVICES

Scope of Work

The Work to be performed under this Contract shall be generally comprised of (a) ondemand, flash-butt welding services; and (b) on-demand flash-butt welding training of New York City Transit ("NYC Transit") personnel. The welding and training services shall be scheduled at NYC Transit's discretion and shall take place at NYC Transit's Linden Shop located at 1500 Linden Boulevard, Brooklyn, NY 11212 ("Linden Shop"). The Contract duration is four (4) years from the date of Award and is structured as follows:

• During a time period not to exceed the initial two hundred (200) hours of the Contract ("the Training Period"), the Contractor shall provide both flash-butt welding services and training services as set forth more fully herein. The Contractor shall be required to flash-butt weld 115-lb. RE and 100-8 rails, while also training NYC Transit personnel (100-8 rails are 100-lb. rails with a special profile rail head made to conform to NYC Transit technical requirements).

• For the balance of the Contract term, the Contractor shall, on an on-demand basis, lease the flash-butt welding system to NYC Transit, which system shall be operated by NYC Transit personnel. The Contractor may, at its option, maintain an Operator on location to oversee NYC Transit's use of the machine. Throughout the term of the Contract, the Contractor shall be responsible for the periodic service maintenance and any necessary repairs of the flash-butt welding system as set forth in more detail herein.

Within fourteen (14) days of notification by NYC Transit, the Contractor shall mobilize at the Linden Shop all personnel and equipment necessary to provide flash-butt welding services and training services to NYC Transit. During the first two hundred hours of the Contract, the Contractor shall be required to complete an estimated 400 initial welds and produce one hundred (100) strings, three hundred and ninety (390) feet in length. Each string will have approximately four (4) welds (assuming 78 foot long rail is used, although shorter rail may be substituted at NYC Transit's sole discretion.)

Additional welding and training shall be performed by the Contractor on an as-needed basis as designated by NYC Transit during the Training Period. Contractor shall remobilize at the Linden Shop and be ready to re-commence welding and training operations within fourteen (14) days of notification by NYC Transit.

All work performed pursuant to this Contract shall conform to the following requirements:

Page 2 of12 610416 vlO Amended Scope or Work - Addendum No.6

I. General Responsibilities of the Contractor

I. The Contractor shall complete all welding in conformance with all requirements set forth herein including the "Technical Requirements for Welding Rails Together to Produce Continuous Welded Rail ("CWR") Strings by the Electric Flash Butt Welding Process" and "Technical Welding Procedures" set forth in Sections IV and V herein.

2. The Contractor must provide the following:

a. A self-contained portable/mobile flash-butt welding system;

b. A diesel generator sufficient to provide adequate power for successful operation of the flash-butt welding equipment.

c. A controller module to control performance of the welding head.

d. A Recorder instrument used to produce charts showing traces of electrical impulses and movable platen travel to determine the quality of each weld.

e. All necessary rail rollers to support production of 390 feet strings.

f. Sufficient personnel to (1) continuously operate, maintain and repair the Flash-Butt Welding equipment during the Training Period pursuant to the schedule designated by NYC Transit; and (2) perform service maintenance and repairs to the equipment as needed during the balance of the Contract term

g. Sufficient personnel to polish the web and rough grind the head, web and base during the Training Period pursuant to the schedule designated by NYC Transit.

h. Sufficient personnel to finish grind the base, rail head, web, and base edge during the Training Period pursuant to the schedule designated by NYC Transit.

I. Sufficient personnel to fully train NYC personnel on the operation of the flash-butt welding system.

J. Railroad Protective Insurance in conformance with the requirements set forth in Schedule A of the Contract.

k. All consumables required in the operation of the Contractor's welding plant, with the sole exception of diesel fuel which will be provided by NYC Transit.

Page 3 of12 610416 vlO Amended Scope or Work - Addendum No.6

3. All Contractor personnel shall be required to wear all necessary Personal Protective Equipment ("PPE") and follow all NYC Transit safety regulations.

4. All welds performed by the Contractor will be inspected and tested by a Testing Agent supplied by NYC Transit. If a weld is rejected, the Contractor shall re-weld all welds at no cost to NYC Transit.

5. The Contractor shall not charge NYC Transit for any equipment failures, repair or down time ofthe Contractor.

6. The Contractor's mobilization fee, set forth in Item I ofthe Price Schedule of the Bid, shall include all costs and expenses to mobilize all personnel, equipment and materials at the Linden Shop necessary for welding including, but not limited to, assembly and disassembly of the welding site, and the Flash-Butt Welder and Roller setup.

7. All Contractor personnel must attend and pass NYC Transit Track Safety Certification Training ("Training") before any work on NYC Transit property can be done. The Training is one day in duration. NYC Transit will provide the course to the Contractor at no charge. However, all other expenses relating to course attendance (including, but not limited to, labor hours, travel and other incidentals) are to be borne by the Contractor.

II. General Responsibilities of NYC Transit

I. NYC Transit will provide the Contractor with a designated area at Linden Yard to support the Contractor's equipment and rail welding operation.

2. NYC Transit will provide a Testing Agent to inspect and ultrasonically test each weld for defects in accordance with ASTM EI64.

3. During the Training Period, NYC Transit personnel will feed the rail into position to enable the Contractor to clean, prep, weld, grind the rail and test the weld. Once this process is complete, NYC personnel will move the welded string out of position. At the expiration ofthe Training Period, NYC Transit personnel will be responsible for all aspects of the rail welding operations.

4. NYC Transit will provide diesel fuel for the operation of the Contractor's welding equipment. As set forth in Paragraph I.2.b. herein, the Contractor is to provide its own generator. No fuel shall be provided by NYC Transit for the Contractor's vehicles.

III. Required Pre-Award Submittals

I. Within five (5) business days ofrequest by NYC Transit, the Contractor shall provide the following:

Page 4 of 12 610416 vlO Amended Scope orWork - Addendum No.6

a. The manufacturer's catalog, performance data and detailed specifications of the equipment to be used for rail welding and handling, including lists and details of equipment for the electric flash-butt welds and all other work required hereunder.

.b. Documentation confirming the Contractor's welding qualifications, includingall applicablelicenses.

c. Written confirmation of the Contractor's welding ability, including facilities, personnel qualifications and a list ofcompleted projects similar in scope.

d. The Contractor's proposed equipment and procedure for straightening welds (where necessary) including reference data ofsuccessful use on previous projects.

IV. Warranty

The Contractor shall provide an unconditional warranty for each weld against failures or defects for a period of twelve (12) months after the date of acceptance of each weld by NYC Transit. The Contractor shall accept NYC Transit's records with respect to the date of acceptance.

V. Requirements for Training NYC Transit Personnel

I. During the Training Period, the Contractor shall train NYC Transit personnel to become proficient in the use of the flash-butt welding system.

2. The Contractor shall train a sufficient number of NYC Transit personnel to allow NYC Transit to independently operate and perform basic maintenance of the flash-butt welding system. If the Contractor determines that NYC Transit personnel reach such a competency level before the two hundred (200) hours are reached, it shall so notify NYC Transit. NYC Transit may, at its option, begin independent operation of the flash-butt welding system after receipt of such notice.

3. Throughout the term of the Contract, the Contractor may be required to, at the option of NYC Transit, (a) train additional personnel in the operation of the flashbutt welding system; and/or (b) train NYC Transit personnel to a competency level such that NYC Transit personnel may assume training responsibilities.

VI. Requirements for Welding Rails Together to Produce Continuous Welded Rail ("CWR") Strings by the Electric Flash Butt Welding Process During the Training Period.

A. General Requirements

Page 5 ofl2 610416 vlO Amended Scope or Work - Addendum No.6

I. The Contractor shall ensure that all welding is in compliance with all generally accepted industry guidelines including, but not limited to, the following:

a. The American Railway Engineering and Maintenance of Way Association's (AREMA) Manual for Railway Engineering, Volume I, Chapter 4, Rail, latest edition;

b. The American Society for Testing and Materials (ASTMInternational) guidelines EI 0 (Test Method for Brinell Hardness of Metallic Materials); E94 (Guide for Radiographic Examination); El64 (Practice for Ultrasonic ContactExamination ofWeldments); and E709 (Guide for Magnetic Particle Examination.)

2. The Contractor shall ensure that all welding is in compliance with NYC Transit requirements including NYC Transit's MW-I Track Standards Manual, latest Edition, section 203.16 CWR (provided upon request by NYCT MOW Track Engineering).

B. Required Submittals Prior to Work Commencement

Prior to beginning any work pursuant to the Contract, the Contractor shall, within three (3) days of request by NYC Transit, submit the following to NYC Transit for approval. The submittal identified below is subject to modification by NYC Transit. Such modifications, if any, shall have no impact on the Bid Price, unless such modifications alter the Scope of Work.

a. A work program, including a job plan, or plan of execution, and schedules for electric flash-butt rail welding.

C. Job Reporting Requirements

I. Throughout the duration of its welding activities, the Contractor shall submit the following reports:

a. Brush recorder charts for each electric-flash butt weld. Each welding machine shall be equipped with a brush recorder to produce charts showing traces of electrical impulses and movable platen travel. These charts are to be submitted to NYC Transit's Project Manager/Supervisor for each weld. Welds not in conformance with approved standards, as indicated by the charts, shall be rejected.

b. Daily summary reports of production rail welding by completing the "Record ofWeld" attached hereto as Attachment "A".

Page 6 of12 610416 vl0 Amended Scope orWork- Addendum No.6

c. d. A weekly summary reportof CWR strings produced, much includes the

following infonnation; String number, Lead Railheat, ingotand letter; FndRail heat, ingot and letter; String length; String temperature at the time of IlElISUre11l.': of length.

D. Materials Requirements

I. The Contractor shall provide all incidental materials required to complete the work in accordance with these Specifications.

2. A reasonable amount of materials as may be absolutely necessary to avoid delay in the Work may be stored on Authority property with the approval of the Project Manager. However, where said material stored within or on the property is deemed to be combustible, inflammable or otherwise constitute a hazard to the safe operation of the property, it shall be stored (i) in a safe and orderly manner and (ii) within a fire resistant enclosure. The amount of all such material and the method of its storage shall be determined by the Project Manager. Materials must not be piled at any time within fifteen (15) feet of any fire hydrant or fire alarm box or piled or stored in a manner that would hinder or obstruct access to fire extinguishers. The security of such material shall become the sole responsibility of the Contractor. Replacement of any item(s) lost or stolen shall become the Contractor's sole responsibility to replace the item(s) at no cost or charge to NYC Transit.

E. Test Weld Requirements

1. Prior to the beginning of production welding, the Contractor shall make three (3) test welds on each welding machine using the same welding procedure that will be used in production welding. Each test weld shall join two (2) pieces of rail 18 inches in length.

2. The inspection of welding procedures and testing of welds shall be performed by the NYC Transit Testing Agent. The testing procedures set forth herein shall apply:

a. Test each test weld radiographically with a minimum of 4 exposures: One through the head, one through the web, and one through each of the 2 flanges. Perform radiography in accordance with ASTM E142. Radiographic film shall be Type I or Type 2. Exposed film density shall be within the range of 1.5 to 3.8.

b. Magnetic particle test each test weld by the coil method (longitudinal magnetization) using the dry powder method in accordance with ASTM

Page 7 of12 610416 v10 Amended Scope of Work - Addendum No.6

E709.

c. Ultrasonically test each test weld in accordance with ASTM E 164. Use equipment capable of detecting a 3/64-inch discontinuity, 6-1/2 inches below top of rail. Ultrasonic inspection of all welds shall be performed in accordance with the requirements of Sections 4.4 and 4.5 of Chapter 4 of the AREMA Manual using Level II ASNT qualified personnel.

d. Test each test weld for hardness in accordance with ASTM EIO. Perform this test on the head of the rail in the center of the weld. The hardness of the weld shall be equal to the average Brinell hardness of the two (2) parent rails joined with a permissible variance of20 Brinell points.

e. Weld acceptance will be based on the weld quality requirements stated above. Production welding shall not commence until NYC Transit accepts the test welds. The Contractor shall be allowed no more than three (3) attempts to produce welds acceptable to NYC Transit. Failure to produce acceptable welds is grounds for termination of this Contract at the discretion ofNYC Transit.

VII. Technical Welding Procedures Duringthe Training Period

A. Rail Cleaning and Prepping. Rail cleaning and prepping shall be the responsibility of the Contractor. The Contractor shall be responsible for any scratching, notching, rubbing, scoring, or striking of the rails caused by improper handling during the welding process.

B. Rail Welding

I. All production welding shall use procedures specified in this Section. The Con t r act 0 r sh a 11 weld rail by the electric-flash butt welding process and shall weldconforming to AREMA Manual, Chapter 4, Section 3.11, ~fications for Fabrication of Continuous Welded Rail, as applicable, except as modified or appended in this Section. (The Contractor is responsible for retaining a licensed copy of the latest edition ofthe AREMA Manual).

2. Each welding machine shall be equipped with a brush recorder to produce charts showing traces of electrical impulses and movable platen travel. The Contractor shall submit the recorded chart to the NYCT's Project Manager/Supervisor for each weld. Should the chart indicate performance which is not in conformance with the approved standards, the weld will be rejected.

C. CWR Strings

Page 8 of12 610416 vlO Amended Scope of Work- Addendum No.6

1. The Contractor shall weld CWRStrings 390feetloogunless otherwise directed in writing byNYC Transit's Project Manager/Supervisor.

2. The Contractor shall print the both the string number and length with an alwninum paint on both sides of the web of the rail at each end of each string.

3. The Contractor shall be responsible for ensuring that the rails are welded so that the Heat Number appears on the same side in each string.

4. The Contractor shall be responsible for ensuring no welding is done within 8 inches ofa bolt hole.

D. Rail Straightening, Cropping and Rail End Preparation

1. During rail prepping, the Contractor shall field align or cut rail ends not meeting the requirements of AREMA Chapter 4, Section 3.11, Specifications for Fabrication of CWR

2. Where rail ends cannot be straightened or cut to achieve the required rail end tolerance, the Contractor shall advise NYC Transit and NYC Transit will make a determination on whether the rail should be rejected. NYC Transit will mark whichever rail is to be rejected. The rejected and/or scrap rail is the property of NYC Transit. The Contractor shall be responsible for stockpiling all rejected/scrap rail in an on-site area designated by NYC Transit's Project Manager/Supervisor.

3. The Contractor shall cut, clean and square all rails cut prior to welding by means of rail saws or abrasive cutting disks in accordance with AREMA Manual, Chapter 4, Section 2.1, Specifications for Steel Rails. The Contractor shall not torch cut rail. The small, scrap sections of cropped rail are the property of NYC Transit and shall be disposed of by the Contractor in an on-site area designated by the NYC Transit's Project Manager/Supervisor.

4. When performing Rail End Preparation, the Contractorshall:

a. Clean the rails free of grease, oil, dirt, scale and moisture to a minimum of 6 inches back from the rail ends, including the rail end surfaces.

b. Grind rail areas in contact with electrodes to remove mill scale and raised lettering.

c. Align the faces of the rail ends. Divide any difference in the width of the rail heads equally on both sides of the head.

d. Align vertically for a flat running surface. Any difference of height

Page 9 of 12 610416 vlO Amended Scope of Work - Addendum No.6

of the rail shall be made in the base. e. Align horizontally so that any variance in width of the 2 rail

heads is split equally between gauge and field side, providing the misalignment along the gauge line does not exceed 0.040 inch. Additional variance shall be apportioned to the field side of the weld.

f. Rail ends shall be square and smooth, and shall show no steel defects, dents or porosity before welding.

E. Welding Protocols

I. Each weld shall have full penetration and complete fusion, and shall be free ofcracks.

2. Small porosity and slag inclusion which show on radiographic film will be accepted only if the total area of internal defects does not exceed 0.09 square inches and the largest single defect does not exceed 0.180 inch in diameter.

3. At the time the weld is made, the Contractor shall mark a sequential weld number on the rail immediately adjacent to the weld using a quality aluminum paint marker.

4. The Contractor shall number the welds sequentially in the order in which they are made.

5. Where the Contractor has replaced welds previously rejected by NYC Transit as defective, the Contractor shall assign a new sequential number to the replacement weld by adding a letter to the defective weld number. (E.g. defective weld 109 will be replaced by 109A).

6. The Contractor shall make an accurate record of all welds by filling in the "Record of Weld" form attached as Attachment "A" at the time of each weld completion.

7. The Contractor shall finish the weld with a rail mounted profile grinder specifically designed for the work. Finishing shall conform to the following tolerances:

i. Top of rail head: Plus 0.010 inch to minus 0 inch of the parent rail section. ii. Sides of rail head: Plus or minus 0.010 inch of parent rail section.

8. The Contractor shall finish the balance of the rail section with a hand-held grinder as required to remove notches, protrusions, gouges, visible cracks and other defects. All grinding shall

Page 10 of12 610416 vl OAmended Scope or Work - Addendum No.6

blend to the parent rail section and shall not overheat the steel. The Contractor shall complete heavy grinding while the steel is still hot from welding.

F. Inspection and Testing of Plant Welding

All inspection and testing of the plant welding will be done by the NYC Transit's Testing Agent.

1. The NYC Transit Testing Agent shall visually and dimensionally inspect each weld to determine conformance with the alignment and finishing tolerances specified in AREMA Manual, Chapter 4, Section 3.11, Specifications for Fabrication ofContinuous Welded Rail. Out-oftolerance welds are to be cut out and re-welded in accordance with this Section.

2. The NYC Transit Testing Agent shall magnetic-particle test each weld by the coil method (longitudinal magnetization) using the dry powder method in accordance with ASTM E709. Welds giving fault indications are to be cut out and re-welded in accordance with this Section.

3. The NYC Transit Testing Agent shall ultrasonically test each weld for defects in accordance with ASTM EI64. Testing equipment shall be capable ofdetecting a 3/64-inch discontinuity, 6-1/2 inches below top of rail. The Testing Agent shall perform ultrasonic testing after the rail has been de-stressed. The ultrasonic inspection ofall welds shall be performed in accordance with the requirements ofSections 4.4 and 4.5 ofChapter 4 ofthe AREMA Manual using Level II ASNT qualified personnel.

4. The NYC Transit Testing Agent shall inspect each weld using a 3-foot straightedge along the centerline of the rail and 0.625 inch below top of rail on the gauge side ofthe rail head. The Testing Agent shall center the straightedge over the weld; the gap between the straightedge and the rail must comply with the requirements ofAREMA Manual, Chapter 4.

5. The Contractor shall re-weld all welds rejected during inspection or testing.

6. NYC Transit's Project ManagerlSupervisor may randomly select any welds and request that it be retested at any time within the period ofthe Contract.

7. Prior to the completion ofwelding each full 390 foot string, and before

Page 11 of12 610416 via Amended Scope of Work > Addendum No.6

handling by NYC Transit personnel and storage in place, NYC Transit's Project Manager/Supervisor will visually inspect all welds to verify the base riser break off area has been smoothed. Rough areas which have not been smoothed shall be corrected by the Contractor.

VIII. Flash-Butt Welding System Maintenance and Repair

The Contractor shall be responsible for the service, maintenance and repair of the flash-butt welding system and all component parts during the entire term of the Contract. Day-to-day maintenance of the equipment shall be performed by NYC Transit upon completion of the Training Period. Any necessary repairs shall be completed within seven (7) days of notification by NYC Transit to the Contractor. If the repairs cannot be completed within this time frame, the Contractor shall provide a replacement flash-butt welding system within the same seven (7) day period.

IX. Clean Up

During the Training Period, the Contractor shall make a daily inspection of its working area(s). It shall collect and dispose ofany remaining scrap sections of cropped rail in the area designated by NYC Transit. All remaining debris is to be trucked out by the Contractor at his own expense.

Page 12 ofI2 610416 v10 Amended Scope of Work - Addendum No.6

Attachment "A"

RECORD OFWELD

TIME AM PM (Circle)

WELD NUMBER

STATIONING

COMPLETE WELD (YES/NO)

_

_

circle one

RAIL W. E. (Circle)

AIR TEMPERATURE 0 F. WEATHER _

RAIL TEMPERATURE OF.

WELD KIT MANUFACTURER _

RAIL GAP (NEAREST 1/16 INCH) _

. BACK RAIL

MAN UFACTU RER _

YEAR/MONTH ROLLED _

AHEAD RAIL

MANU FACTU RER -----YEAR/MONTH ROLLED _

REMARKS

WELD INGOT #

RAIL CUT REQUIRED?

RELAY RAIL?

HEAT NUMBER

RELAY RAIL?

HEAT NUMBER

YES

YES

YES

NO

NO

NO (Circle)

(Circle)

(Circie)

_

ULTRASONIC TEST DATE AND RESULTS

MFG. REPRESENTATIVE PRESENT

NYCT REPRESENTATIVE PRESENT

(Initial)

_

RECORDER

WELDING FOREMAN

(Signed)

(Signed)

-t--r

(Initial)

_

NEW YORK CITY TRANSIT AUTHORITY

Division of Materiel

BID

RFQ#104339

5/14 Operating Contract 639102 v4 Page 1 Addendum 6

BID

BID OPENING INFORMATION

CONTRACT NO. RFQ# I04339 OPENING DATE: December 7, 2016

LOCATION: 3 Stone Street TIME: 2:00 p.m. (EST) New York, NY

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 ofthe 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 ofreceiving any written notice permitted or required to be served upon the Bidder by any provision of the Contract Documents, including Notice of Award ofthe 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 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

5/14 Operating Contract 639102 v4 Page 2 RFQ# 104339 Addendum 6

BID

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 ofNew 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.

o Bidder is a foreign corporation or entity

Street 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 heen 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 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.


BID

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"), MetroNorth Commuter Railroad Company ("MNCR"), Long Island Rail Road ("LIRR"), Metropolitan Suburban Bus Authority ("MSBA"), MTA Bus Company ("MTABC"), 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 shallpromptly 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 ("MTABC"), 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.

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


BID

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 ofNew 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 ofpartnership (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 ofwhich is owned, by Bidder, or by any director, officer, principal or managerial employee ofBidder, or by any person or entity with a 10% or more interest in Bidder; or v) any parent, subsidiary or affiliate ofany 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).

5/14 Operating Contract 639102 v4 PageS RFQ# 104339 Addendum 6

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 0 I, 02 and 03 are not accurate or complete, Bidder must explain in the space provided below (attach additional pages as needed).

H. Questions whicb must be answered "Yes" or "No" (In the event ofa "Yes," the Authority reserves the right to inquire further with respect thereto.) Unless otberwise noted, all questions relate to tbe 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 ofthe 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.)

I. 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 not been favorably terminated? YES D NO D


BID

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 ofwitnesses 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 ofNew York, any political subdivision of the State ofNew 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


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. MBEIWBE Certification

1. The Bidder agrees to the terms and conditions of non-discrimination as set forth in ARTICLE 237 ofthe 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 of ARTICLE 237 of the General Contract Provisions.

2. IfSCHEDULE 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

I. 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 bid

5/14 Operating Contract 639102 v4 PageS RFQ# 104339 Addendum 6

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 of the 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.


BID

AMENDED PRICE SCHEDULE

Mobilization of flash-butt welding 6 mobilizations $ equipment at Linden Yard in accordance with the Scope of Work. Per mobilization

2 Leasing of flash-butt welding 24 weeks $ equipment, in accordance with the Sco e of Work. Per 7 da week

3 $ butt welding (whether training or non-training hours) during Normal Business Hours (Mon - Fri 8am

Per hour

Hourly labor rate for on-site flash 160 hours

4 m.·· $

flash-butt welding (whether training or non-training hours) (Mon -Fri 4 pm-B am, Saturday, Sunda and Authori Holida s.••

4 Hourly overtime rate for on-site 40 hours

Per hour 5 NOT USED

6 Flat rate, round trip transportation I round trip s fee for work/training crew, including any and all travel costs to and from Contractor's place of business to NYC Transit facilities. Per round tri

7 $Costs associated with Authority's Annual cost s Railroad Protective Liability insurance requirements. (Not-toexceed $10,000.00 per year. See Schedule A, Article I 15 of Specific Lump Sum Annual Lump Sum Annual

Cost er ear. Cost x 4 ears TOTAL

Contract Provisions.

'IMPORTANT NOTICE TO BIDDERS: The estimated quantities are for bid evaluation purposes only. They are the approximate quantities of such items for the Work as estimated by the Authority, 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 claims for damages including, but not limited to anticipated profits in case they do not correspond with the final quantities actually ordered. The Authority reserves the right to increase/decrease those amounts at its discretion. .

•• This contract is subject to prevailing wage requirements. The most current Prevailing Wage schedule can be found at hltP://www.comptroller.nyc.gov.

THE GROSS SUM BID (IN WORDS AND FIGURES):

______________,DOLLARSAND CENTS

$------


BID

K. Domestic Steel Certification

If this Contract calls for the purchase of "steel products" (as defined in PARAGRAPH 23 of the INFORMAnON 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 Structural or Reinforcing Steel

2. Cost of Domestic Steel Components Structural or Reinforcing Steel

3. Cost of Foreign Steel Components Structural or Reinforcing Steel

$ and/or---;;------ $

$ and/or--=--------$

$ and/or--=--------$

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 and Related Matters

(I) All Bidders submitting a Bid equal to or exceeding $15,000 must check either box a or b as appropriate:

o 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

o 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.


BID

(2) Bidders, submitting a total Bid greater than $1 million (a "Large Contract"), by signing this Bid certify that:

a. Bidder shall: I. upon entering into the Large Contract provide to MTA documentation of its effort

to encourage use of New York State Business Enterprises and ii. thereafter also report the extent of such use for each such New York State

Business Enterprise (a) in response to a request of the MTA project manager and (b) at the time of Contract close-out.

b. The Bidder has made and will continue to make reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors on such Large Contract. Bidder is required to document its efforts to encourage the participation ofNew York State Business Enterprises as Suppliers and Subcontractors by showing that it has:

(i) solicited bids/proposals, in a timely and adequate manner from New York State Business Enterprises including certified minority and women-owned business,

(ii) contacted the New York State Dept. of Economic Development to obtain listings ofNew York State Business Enterprises,

(iii) placed notices for subcontractors and suppliers in newspapers, journals or other trade publications distributed in New York State, or

(iv) participated in bidder/proposer outreach conferences. Documentation of such efforts of the Bidder must be provided to the MTA upon MTA's request. lfthe Bidder determines that New York State Business Enterprises are not available to participate on the Contract as subcontractors or suppliers, the Bidder shall provide a statement to the MTA indicating the method by which such determination was made. lfthe Bidder does not intend to use subcontractors, the Bidder shall provide a statement to the MTA verifying same.

c. The Bidder has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;

d. The Bidder agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this Contract through listing any such positions with the Division of Employment and Workforce Solutions 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 MTA or the State upon request.

e. Bidder acknowledges that New York State may seek to obtain offset credits from foreign counties as a result of this contract and agrees to cooperate with the State in these efforts.

(3) A Bidder responding to this Bid may answer the question below to demonstrate its voluntary commitment to the use ofNew York State Business Enterprises. While support ofNew York State Business Enterprises is encouraged, how a Bidder responds to this question will have no impact on the award of the subject procurement (except for certain rolling stock


BID

procurements where the law expressly permits New York State content to be part of the evaluation criteria for award):

Does Bidder anticipate that one or more New York State Enterprises will be used in the performance of this Contract?

Yes No

(4) If Bidder's answer in subparagraph (3), is 'Yes', please identify below the New York State Business Enterprises that the Bidder anticipates will be used, to the extent known, and provide the requested identifying name and address information about each such New York State Business Enterprise:

NEW YORK STATE BUSINESS ENTERPRISE NAME(S) AND ADDRESS(ES)

I

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 ofthis 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 .


BID

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, 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) ofsubdivision 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 _

• Under the Federal PrivacyAct, 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 ensuretheir compliance with laws, to assist the Contracting Partyin enforcement oflaws as wellas to provide the Contracting Partya means of identifying businesses which seek contracts therewith.


BID

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 oflast Addendum received.)


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": • ExactNameofindividual, Firm,Corporation or Partnership.

Address:

Business Telephone Number: ( ) _~ ~ _

Facsimile Number:

E-mail Address:

Name of Person Executing Bid:

Title ofPerson 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 ofthe 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"


MTA - NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, NY 10004

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

[email protected]

0000104339 NOTICE

-OFADDENDUM

.ADDENDUM # 5

BID OPENING/DUE DATE: Postponed

2 Broadway Veromque Hakim New York, NY 10004 President

• New York City Transit

July 1,2016




1. The Bid Opening Date has been postponed indefinitely. Further Addenda will issue.

Reminder: Be sure to attach this addendum to your proposal or acknowledge it in the place provided in the Bid. Failure to do so may result in rejection oeyour bid.


Sen icillo Acting Assistant Chief Procurement Officer

MTA New York City Transit is an agency of the Metropolitan Transportation Authority, State of New York

58-03-GI251111"

Page I of I 656696vl


NEW YORK, NY 10004

DIVISION OF MATERIEL web.mta.info/nyctJprocure/nyctproc.htm

[email protected]

0000104339 NOTICE

-OFADDENDUM

ADDENDUM #4


2 Broadway veroruque Hakim New York. NY 10004 President

a New York City Transit

June 23, 2016



REVISED BID OPENING DATE - June 28, 2016


1. The Bid Opening Date has been revised and will take place on Tuesday, June 28,2016 at 2:00pm.

Reminder: Be sure to attach this addendum to your proposal or acknowledge it in the place provided in tbe Bid. Failure to do so may result in rejection of your bid.


Steven Picillo Acting Assistant Chief Procurement Officer

MTA New York City Transit is an agency of the Metropoktan Transportation Authority, State of New York

Page I of I 616406vl


NEW YORK, NY 10004

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

[email protected]

0000104339 NOTICE

-OFADDENDUM

ADDENDUM # 3


2 Broadway veroruque Hakim New York, NY 10004 President

a New York City Transit

June 6,2016



REVISED BID OPENING DATE - June 23, 2016


I. The Bid Opening Date has been revised and will take place on Thursday June 23,2016 at 2:00pm.

The following questions were received in connection with Addendum No.3 and are answered below:

I. INSURANCE QUESTIONS

NOTE: Schedule A has been amended and is included with and forms part of Addendum No.3.

QI: Schedule A (Insurance Requirements), Paragraph B requires, in part, that "[a)t 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." Our policy is not endorsed to provide prior written notice nor is there any policy provision for this. However, we as the insured can notify the certificate holder of any Changes or cancellations regarding the insurance but it can't be noted on the certificate. Under the CANCELLATION portion on the current ACORD® form it simply states: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS". Is this acceptable?

AI: The statement in the certificate is acceptable. However, the relevant standard language in Schedule A remains unchanged.

Q2: We will not provide copies of our policies to anyone to review or approve, nor will we disclose deductibles or premiums to anyone. Is this acceptable?

MTA New York City Transit is an agency of the Metropolitan Transportatron Authority, State of New York

S8-03-b'2S II""

Page 1 of6 651097vl

A2:

a. Schedule A (Insurance Requirements) has been amended as follows with respect to the copy of policies requirement:

If requested by the Authority, in the event ofa lawsuit or dispute as to coverage prior to a lawsuit, the Contractor shall deliver to the Authoritywithin forty-five (45) days of the request a copy of such policies, certified by the insurancecarrier as being true and complete. The Authority acknowledges and agrees that, at the Contractor's request, the Authorityshall, to the extent permitted by law, treat as confidential information documents marked by the Contractor's Risk Manager "CONFIDENTIAL PROPRIETARYINFORMATION."

b. Schedule A (Insurance Requirements) has been amended as follows with respect to the disclosure of deductibles requirement:

Deductibles and Self-Insured Retention (SIR) are part of loss or claim that the insured undertake to handle or pay before insurance will apply. NYCT/MTA needs to know whether the selected bidder's Deductible/ SIR is within the threshold as required in the agreement. Any Deductible/SIR that exceeds the maximum allowed will require financial analysis to ensure that the selected bidder is financially capable of absorbing the first dollar amount of loss.

Q3: We do not have Railroad Protective Liability Insurance. Under our Commercial General Liability Policy, we do have Endorsement CG 2417 that removes the 50 foot exclusion. Is this acceptable?

A3: Railroad Protective Liability Insurance is required -- please see Schedule A, Article liS of the Specific Contract Provisions and the Price Schedule included with, and made a part of, the Bid documents.

Q4: We do not have Pollution Liability Insurance. Is this acceptable?

A4: Schedule A does not indicate this coverage as a requirement.

Q5: We provide the market's latest versions of policy endorsements. Is this acceptable?

AS: Yes.

Q6: Section 8.5 of Schedule A states that we must provide "[aJny additional policies not stated herein .. .", This is far too broad to agree and/or commit to this requirement. It could be any kind of policy with any limit amount.

A6: The provision is not too broad when read in its entirety. Additional insurance which is not included in Schedule A will be needed only in the event the Contract Work requires a permit or to otherwise comply with applicable law, ordinances or regulations.

Q7: Please strike the language "not less than", "minimum" or "at least" regarding the insurance limits from all parts of the insurance language.

A7: This is not acceptable; the language cannot be modified.

Page 2 of6 651097vl

II. TECHNICAL SPECIFICATIONS/PRICE SCHEDULE QUESTIONS

Q8: The first mobilization is after 14 days, when is the second mobilization scheduled to take place?

A8: The date ofthe second mobilization will be determined by NYC Transit according to its needs. NYC Transit will provide the contractor with fourteen (14) days' notice before the second mobilization. During the second mobilization period. the Contractor will not be welding or testing the welds. However, the Contractor shall continue to maintain and repair the equipment.

Q9: Is it the contractor's responsibility to make repairs? Who carries the cost of the replacement parts for both major and minor repairs? Contractor or NYCTA?

A9: The contractor is responsible for all repairs and associated costs. NYC Transit will provide oil and fuel, (for example gasoline and diesel) necessary for the proper function of the equipment.

QI0: Bid item 2 states Equipment to be leased for up to 800 welds at a unit rate per weld. Is this the total count of welds for all 4 years? How many welds per day are anticipated during the lease? How many welding days are anticipated during the lease? Can the equipment be brought on and off the project during periods of down time? How many months per year is the equipment anticipated to be on site?

A I 0: Bid Item No.2 of the Price Schedule is amended and is included with and forms part of this Addendum No.3. The Contractor is to provide a bid quote for the equipment lease on a "per week" rather than a "per weld" basis. QlO is further responded to as follows:

a. The estimated total of welds to be completed during the four year term of the contract is 800. b. As set forth on page 2 of the Scope of Work "[t]he Contractor shall be required to complete an estimated 30-35 per day while also training NYC Transit personnel., ." c. The first mobilization period (the Training Period) will not exceed two hundred hours. d. Yes, the equipment can be brought on and off the project during periods of downtime. e. During the Training Period, it is anticipated that the equipment will be on-site for approximately 4 weeks. During the second mobilization period, it is anticipated that the equipment will be on site for an estimated three (3) continual months.

Qll: Contractor cannot provide a lease by the weld, please change bid item 2 to be a lease for the truck by the month?

A II: Bid Item No.2 of the Price Schedule is amended and is included with and forms part of this Addendum No.3. The Contractor is to provide a bid quote for the equipment lease on a "per week" rather than a "perweld" basis.

Q12: Once on site, will the NYCT keep the welding truck stationary or is it intended to be mobile?

A12: The welding truck will be stationary.

Page 3 of6 651097vl

Q13: What is the difference between bid items 1 and 6, when would bid items 1 and 6 be used?

A13: Bid Item No. I requires the Contractor to provide its pricing for the mobilization of the equipment. Bid Item No. 6 requires the Contractor to provide its pricing for the travel costs of its welding and training crew.

Bid Item No.6 of the Price Schedule is amended and is included with and forms part of this Addendum No.3. Bid Item No.6 has been amended from two round trips to one, since the welding and training crew will only be present during the first mobilization period.

Q14: Please provide a description of each line item and how it will be paid throughout the course of the 4 years?

A14: The Contractor's responsibilities are set forth in detail in the Scope of Work; the Price Schedule tracks those responsibilities. The Contractor's invoices will be paid in accordance with the Contract tenus and conditions, including. but not limited to, those set forth in Article 108 of the Specific Contract Provisions.

Q15: During the training period what takes precedence, training or production? If the 400 welds cannot be accomplished due to training time will the contractor be responsible for completing the weld quantity? What is the minimum amount of welds out of the 400 required?

AIS: The Contractor is equally responsible for both training and production during the Training Period. The Training Period shall not exceed two hundred hours, during which time the Contractor is to produce 400 welds.

Q16: How many NYCT personnel are expected to be trained during the first 200 hours?

A16: NYC Transit anticipates that twelve (12) NYC Transit personnel will be trained.

Q17: Is every position on the welding line need to be trained? Or just the welding head operator?

A17: The Contractor shall be responsible for training only the welding head operator.

Q18: Would the NYCT personnel be required to complete qualification welds and testing prior to being considered competent? Would this testing be on the contractor?

A18: The competency of the NYC Transit personnel is to be assessed by the Contractor as the training progresses. The testing of the welds during the training period is to be completed by the Contractor and/or its agent.

Q19: Would NYCT consider extending the bid date?

A 19: The Bid Opening Date has been extended from June 9· 20 16 to June 23, 2016. The Question Period is now closed and no further extensions will be granted.

Page4of6 651097vl

Q20: What is the Grade and Rail Section(s) to be welded?

A20: As set forth on page two of the Scope of Work, the Contractor is to weld 1I5-lb RE and 100-8 running rails. The 100-8 rails are 100 Ib rails with a special profile rail head made to conform to NYC Transit technical requirements.

Q21: What are the dimensions of the weld line setup? Could you please provide a site layout to ensure the site accommodates a roller line and proximity of rail pile to where we will weld? Please identify where the rail will be stored.

A2I: The weld line set-up will be at either Linden Yard or Linden Yard North. Each area is over 500 feet long and approximately 25 foot wide and will accommodate a roller line.

As to the rail pile and storage issues, the rail will be stored outside and adjacent to the assembly line. NYC Transit will bring the rail to the assembly line and feed the rail into position. Once the rail is welded, grinded and the weld tested, NYC Transit will move the welded string out of position (Scope of Work 11.2.)

Q22: We intend to have an employee on site for maintenance and to prevent damage to the machine during the entire lease when operating. Is this acceptable? NYCT will be responsible for proper use and repair of our equipment.

A22: As set forth in Section 1.2.f., the Contractor is required to have sufficient personnel to (1) continuously operate, maintain and repair the Flash-Butt Welding equipment during the Training Period pursuant to the schedule designated by NYC Transit; and (2) perform service maintenance and repairs to the equipment as needed during the balance of the Contract term. The Contractor is to train NYC Transit on the proper use of the equipment and to confirm that each operator is competent at the conclusion of the Training Period.

All service maintenance and repairs are the responsibility of the Contractor (see e.g. Scope of Work 1.2.f.) Please note that any exceptions taken to the bid documents may result in a bid being deemed non-responsive by NYC Transit, and result in rejection of the bid.

Q23: We would prefer that the inspector be provided by NCYT. If not possible, could a list of qualified inspectors be provided? Is the list of qualified UT providers for NYCTA? If so, can you provide a list and if not, can you send the qualifications that are required?

A23: As set forth in the Scope of Work, Section I.k., the Contractor must retain an independent firm to perform weld tests, which firm shall use Level II NDT ASNT personnel. The Contractor's Testing Agent must be pre-approved by NYC Transit. NYC Transit does not have a list of pre-approved Testing Agents.

Page 5 of6 651097vl

Reminder: Be sure to attach this addendum to your proposal or acknowledge it in the place provided in the Bid. Failure to do so may result in rejection of your bid.


ven Picillo Acting Assistant Chief Procurement Officer

Page 6 of6 651097vl



Schedule A (Amended)

INSURANCE REQUIREMENTS

RFQ#104339

10/13 653054 vi

NEW YORK CITY TRANSIT AUTHORITY INSURANCE REQUIREMENTS Division of Materiel

Contract No: RFQI04339

Description: Flash Butt Welding at the Linden Shop in Brooklyn NY

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

INSURANCE MINIMUM AMOUNTS

~ Workers' Compensation Statutory Limits

~ Employer's Liability $ 1,000,000

~ Commercial General Liability (amount is each occurrence) $ 1,000,000

~ Business Automobile Liability (amount is each accident) $ 1,000,000

~ Railroad Protective Liability (per occurrence/aggregate) $ 2,000,000/$6,000,000

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 of insurance as herein set forth, written by companies with an A.M. Best Company rating of A-/"VlI" 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 AuthoritylMTA, and (b) that the Contractor's policies, primary and excess, shall be exhausted before implicating any AuthoritylMTA 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/MTA policy available, Contractor's and subcontractor's policies shall nevertheless be primary and must be exhausted before implicating any AuthoritylMTA 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 AuthoritylMTA c/o MTA Risk and Insurance Management Department, Standards, Enforcement & Claims Unit 2 Broadway, 21st floor, New York, NY 10004. Policies written on 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

10/13 Schedule A (Amended) Addendum No.3 Page I


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 AuthoritylMTA. 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.

I. Commercial General Liability Insurance (1.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 Authority/MTA 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.

g. Additional Insured Endorsement (I.S.0. Form CG 20 10 1185 Form B version or equivalent approved by the Authority) naming the following entities and their subsidiaries and affiliates:

10/l3 Schedule A (Amended) Addendum No.3 Page 2


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.

II. 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 ("MNR"), 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.

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 non-owned motor vehicle.

4. Railroad Protective Liability Insurance (ISO-RIMA or equivalent form approved by the NYCTAlMTA, covering the work to be performed at the designated job site and affording protection for damages arising out of bodily injury or death, physical damage to or destruction of property, including damage to the Insured's own property and conforming to the following:

• The following are the "Named Insureds" for this coverage: New York City Transit Authority ("NYCT"), the Manhattan and Bronx Surface Transit Operating Authority ("MaBSTOA 'j, the Staten Island Rapid Transit Operating Authority ("SIRTOA 'j, the Metropolitan Transportation Authority ("MTA ") including its subsidiaries and affiliates, and the City ofNew York (rCity"

10/13 Schedule A (Amended) Addendum No.3 Page 3


as Owner) and the respective affiliates and subsidiaries existing currently or in the future ofand successors to each Indemnified Party listed herein;

• The limit of liability shall be at least $2,000,000 each occurrence, subject to a $6,000,000 annual aggregate;

• Policy must be endorsed to provide coverage for claims arising from injury to employees covered by Federal Employer's Liability Act (FELA).

• Indicate the Name of the Contractor to perform the work, the name of the NYCTAIMTA for whom the work is being performed and the Contract description and number.

• Evidence of Railroad Protective Liability Insurance, must be provided in the form of the Original Policy. A detailed Insurance Binder (ACORD or Manuscript Form) will be accepted pending issuance of the Original Policy, which must be provided within 30 days of the Binder Approval.

5. 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 - 2Ist 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. If requested by the Authority, in the event of a lawsuit or dispute as to coverage prior to a lawsuit, the Contractor shall deliver to the Authority within forty-five (45) days of the request a copy of such policies, certified by the insurance carrier as being true and complete. The Authority acknowledges and agrees that, at Contractor's request, the Authority shall, to the extent permitted by law, treat as confidential information documents marked by Contractor's Risk Manager "CONFIDENTIAL PROPRIETARY INFORMATION,"

If a Certificate ofInsurance is submitted, it must: (I) 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 CO 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 NParagraph 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, 11th 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 of time on account thereof; or (ii) treat such failure as an Event of Default.

[The NYCT Certificate ofInsurance begins on the next page.)


D Capital Contract New York City Transit ~ Operating Contract

CERTIFICATE OF INSURANCE aDD Outside Contract

AGREEMENT or CONTRACT #:

INSURANCE PRODUCER:

ADDRESS:

PHONE#:

INSURED:

ADDRESS:

PHONE #:

RFQ#104339

CERTIFiCATE New York City TransitiMTA

AGREEMENT or CONTRACT NAME/DESCRIPTION: Flash-Butt Welding Services, Training and Leasing Equipment

DATE RECEIVED: CERTIFICATE ISSUANCE DATE:

CO

of Flash-Butt Welding

REFERENCE #:

COMPANIES AFFORDING COVERAGELTR

A NAIC#

B NAIC#

C NAIC#

D NAIC#

HOLDER: Attention: Risk & Insurance Management E NAIC#

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

Phone #: Capital Contracts Only: (646) 252-1426 G NAIC# Oneratinn Contracts Onlv: /646\ 252-1435

COVERAGES (See Notes 1 and 2)

CO POLICY EFFECTIVE EXPIRATIONTYPE OF INSURANCE LIMITS

LTR NUMBER DATE DATE

GENERAL LIABILITY o Commercial General Liability Form o Underground Expl.& Collapse Hazard

-0 Products/Completed Operations o Contractual Liability o Independent Contractors o Fifty Foot Exclusion Removed o Personal & Advertising Injury D SIR/Deductible $

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

GARAGE LIABILITY D Any Auto

EXCESS LIABILITY D Umbrella Form D Other Than Umbrella Form D SIR/Deductible $

WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY D UsLH D Jones Act D "All States" Coverage

PROFESSIONAL LIABILITY o Includes Pollution Liability D Deductible $

OTHER: - OTHER:

OTHER: -

BI & PD COMBINED $OCCURRENCE

GENERAL AGGREGATE $

PRODUCTS/COMPLETED $OPERATIONS AGGREGATE

OTHER $

BODILY INJURY $

(Per Occurrence)

PROPERTY DAMAGE $(Per Occurrence

BODILY INJURY/PROPERTY DAMAGE COMBINED SINGLE $ LIMIT (Each Accident

AUTO ONLY EACH ACCIDENT $

EAACC $OTHER THAN AUTO ONLY AGG $

EACH OCCURRENCE $

AGGREGATE $

D STATUTORY LIMITS

EMPLOYER'S LIABILITY $

$

$

$

$

EVIDENCE OF RAILROAD PROTECTIVE LIABILITY AND/OR BUILDER'S RISK INSURANCE, WHEN APPLICABLE, REQUIRES SUBMISSION OF THE ORIGINAL POLICY.

THE ORIGINAL BINDERlSIWILL BE ACCEPTED, PENDING ISSUANCE OF THE ORIGINAL POLICYIS!. 101/3

--

CERTIFICATE OF INSURANCE NYCT (Continued) Page 2

LIABILITY COVERAGES:

ADDITIONAL INSUREDS (See Note 3) Check all that apply I8l Coverage: General Liability, Garage Liability, Excess/Umbrella Liability Contractor's Pollution Liability, Pollution Legal Liability, etc.

For all NYCT Agreements

D New York City Transit Authority ("NYCT"), Manhattan and Bronx Surface Transit Operating Authortry ("MaBSTOA"}, Staten Island Rapid Transit Operating Authority ("SIRTOA"). MTA Capital Construction Co. ("MTACC"), MTA Bus Company ("MTABus"). Metropolitan Transportation Authority ("MTA") and 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.

2 BROADWAY AGREEMENTS (When work is performed at 2 Broadway), Please Also Include: D Triborough Bridge & Tunnel Authority ("B&T"). Metro North

Commuter Railroad Company ("MNR"). Long Island Railroad ("LlRR"). the State of New York. MTA Bus Company ("MTABus"), United Slates 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.

D Other:

PROPERTY COVERAGES:

(See Note J) Check all thai apply I8l

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

D LOSS PAYEE Coverage: Crime Insurance, Valuable Papers

For all NYCT Agreements

D New York City Transit Authurity ("NYCT"). Manhattan and Bronx Surface Transit Operating Authortty ("MaBSTOA"), Staten Island Rapid Transit Operating Authority ("SIRTOA"], MTA Capital Construction Co. ("MTACC"). MTA Bus Company ("MTABus"). Metropolitan Transportation Authority ("MTA") and its subsidiaries aud affiliates, and tbe City of New York (as owner) and the rcspecnve affiliates and subsidiaries existing currently or in the future of and successors 10each Indemnified Party listed herein.

2 BROADWAY AGREEMENTS (Whcn work is performed at 2 Broadway). Please Also Include:

D Triborough Bridge & Tunnel Authority ("B&T"), Metro North Commuter Railroad Company ("MNR"), Long Island Railroad ("URR"), the State of New York. 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, 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.

D Other:

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 Lhe period listed on the front of this Certificate of Insurance. In addition, the subscribing insurance eompany(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 New York City Transit Authority (NYCT); and that coverage is afforded for the Insured's obligations under that provision of the contract providing for indemnification of the Indemnified Parties, including Lhe New York City Transit Authority (NYCT), named therein. When applicable, the subscribing insurance companyts) certifies that: any exclusion applying 10 construction or demolition operations on or within fifty (50) feet of railroad property (stations, yards, tracks, etc.); has been removed.

NOTE 2: Should any of the insurance policies referred to herein be canceled, changed or not renewed, notice should be delivered in accordanee with the policy provision to: New York City Transit Authority cio MTA Risk and Insurance Management Department, 2 Broadway, 2iSl 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 eertificate is issued to the Certificate Holder in consideration of the Agreement/Contract entered into with the Named Insured. It is understood and agreed that the certificate holder relies on the certificate as a basis for eominuing such Agreement/Contract with the Named Insured.

AUTHORIZED lNSURERIPRODUCER

BY (signature of authorized Insurer/Producer)

TITLE

STATE OF ) ) s.s.

COUNTY OF )

On this ___ day of 20_, before me 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 desenbed in and which executed the foregoing Certificate oflnsurance, that he/she is fully authorized to execute the foregoing Certificate oflnsurance.

(Notary Public)

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

Guidelines for Submission of Evidence of Insurance NEW YORK CITY TRANSIT (NYCT) AGREEMENTS

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

I. General Requirements:

• Use New York City Transit (NYCT) Certificate if contract applies to only NYCT;

• 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 eonditions is submitted with the certificate. • Select / Check (V) 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. • Ifa 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 ofthe 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 (I.S.0. Form CG 20 10 1185 Form B version or equivalent) reflecting the policy number(s) and covering the required Indemnitees in the contract must accompany the certificate of insurance.

a. 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 and or BR 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-Owned Disposal 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 its 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, 21" floor, New York, NY 10004.

INS·PROCEDURE-GUIDELINES - MTARIM -10113



BID

RFQ#104339

5/14 Operating Contract 639102 v3 Page 1 Addendum 3

BID

BID OPENING INFORMATION

CONTRACT NO. RFQ#104339 OPENING DATE: June 23, 2016

LOCATION: 3 Stone Street TIME: 2:00 p.m. (EST) New York, NY

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:




F. (Check where indicated below ifthe 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 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

5/14 Operating Contract 639102 v3 Page 2 RFQ# 104339 Addendum 3 Amended Bid

BID

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 ofNew 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:




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 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.


BID

The fact that a Bidder (i) has published price lists, rates, or tariffs covering items being procured, (ii) has informed prospective customers ofproposed 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"), MetroNorth 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.

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


BID

a. Within the past five (5) years, has the Bidder been declared not responsibIe? YEsD NO[]

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 []

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

l. Statements a, b, c, d, c, 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 ofpartnership (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).

5/14 Operating Contract 639102 v3 PageS RFQ# 104339 Addendum 3 Amended Bid

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 ofcommon 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.)

I. 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 not been favorably terminated? YES D NO D


BID

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 commission, or alleged commission, of a crime

with the 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 ofwitnesses 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 ofNew 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 criminal proceeding?

against that person in any subsequent 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


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 ofthe 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. MBEIWBE Certification

I. The Bidder agrees to the terms and conditions of non-discrimination as set forth in ARTICLE 237 ofthe 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 of ARTICLE 237 of the General Contract Provisions.

2. IfSCHEDULE 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

I. 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 bid

5/14 Operating Contract 639102 v3 PageS RFQ# 104339 Addendum 3 Amended Bid

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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 sale 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 of the 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.


BID

AMENDED PRICE SCHEDULE

$ equipment at Linden Yard in accordance with the Scope of Work.

Mobilization of flash-butt welding 2 mobilizations

Per mobilization $Leasing of flash-butt welding 16 weeks 2

equipment, in accordance with the Per (7 da ) week

3 Sco e of Work. Hourly labor rate for on-site flash 160 hours $ butt welding (whether training or non-training hours) during Normal Business Hours (Mon - Fri 8am4 m.** Per hour Hourly overtime rate for on-site 40 hours $ flash-butt welding (whether

4

training or non-training hours) (Mon --Fri 4 pm-8 am, Saturday, Sunda and Authorit Holida s.)" Per hour Ultrasonic testing of each weld in Up to 400 welds $ accordance with the Scope of Work.

5

Per weld Flat rate, round trip transportation 1 round trip $ fee, including any and all travel

6

costs to and from Contractor's place of business to NYC Transit facilities. Perround tri

$ $ Railroad Protective Liability insurance requirements. (Not-toexceed $10,000.00 per year. See Schedule A, Article 115 ofSpecific

Costs associated with Authority's Annual cost 7

Lump Sum Annual Lump Sum Annual Cost er ear. Cost x 4 ears TOTAL

Contract Provisions.

'IMPORTANT NOTICE TO BIDDERS: The estimated quantities are for bid evaluation purposes only. They are the approximate quantities of such items for the Work as estimated by the Authority, 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 claims for damages including, but not limited to anticipated profits in case they do not correspond with the final quantities actually ordered. The Authority reserves the right to increase/decrease those amounts at its discretion.


BID

** This contract is subject to prevailing wage requirements. The most current Prevailing Wage schedule can be found at http://www.comptroller.nyc.gov.

THE GROSS SUM BID (IN WORDS AND FIGURES):

::- DOLLARS AND CENTS

$,------

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K. Domestic Steel Certification

If this Contract calls for the purchase of "steel products" (as defined in PARAGRAPH 23 of the INFORMAnON 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.

I. 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 and Related Matters

(I) All Bidders submitting a Bid equal to or exceeding $15,000 must check either box a or bas 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.


BID

(2) Bidders, submitting a total Bid greater than $1 million (a "Large Contract"), by signing this Bid certify that:

a. Bidder shan: I. upon entering into the Large Contract provide to MTA documentation of its effort

to encourage use of New York State Business Enterprises and 11. thereafter also report the extent of such use for each such New York State

Business Enterprise (a) in response to a request of the MTA project manager and (b) at the time of Contract close-out.

b. The Bidder has made and wi11 continue to make reasonable efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors on such Large Contract. Bidder is required to document its efforts to encourage the participation of New York State Business Enterprises as Suppliers and Subcontractors by showing that it has:

(i) solicited bids/proposals, in a timely and adequate manner from New York State Business Enterprises including certified minority and women-owned business,

(ii) contacted the New York State Dept. of Economic Development to obtain listings of New York State Business Enterprises,

(iii) placed notices for subcontractors and suppliers in newspapers, journals or other trade publications distributed in New York State, or

(iv) participated in bidder/proposer outreach conferences. Documentation of such efforts of the Bidder must be provided to the MTA upon MTA's request. If the Bidder determines that New York State Business Enterprises are not available to participate on the Contract as subcontractors or suppliers, the Bidder shall provide a statement to the MTA indicating the method by which such determination was made. If the Bidder does not intend to use subcontractors, the Bidder shall provide a statement to the MTA verifying same.

c. The Bidder has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended;

d. The Bidder agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this Contract through listing any such positions with the Division of Employment and Workforce Solutions 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 MTA or the State upon request.

e. Bidder acknowledges that New York State may seek to obtain offset credits from foreign counties as a result of this contract and agrees to cooperate with the State in these efforts.

(3) A Bidder responding to this Bid may answer the question below to demonstrate its voluntary commitment to the use ofNew York State Business Enterprises. While support ofNew York State Business Enterprises is encouraged, how a Bidder responds to this question will have no impact on the award of the subject procurement (except for certain rolling stock


BID

procurements where the law expressly permits New York State content to be part of the evaluation criteria for award):

Does Bidder anticipate that one or more New York State Enterprises will be used in the performance of this Contract?

Yes No

(4) If Bidder's answer in subparagraph (3), is 'Yes', please identify below the New York State Business Enterprises that the Bidder anticipates will be used, to the extent known, and provide the requested identifying name and address information about each such New York State Business Enterprise:

NEW YORK STATE BUSINESS ENTERPRISE NAME(S) AND ADDRESS(ES)

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


BID

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, 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

o Individual or Sole Proprietorship' SOCIAL SECURITY NUMBER _

o Partnership, Joint Venture or other unincorporated organization EMPLOYER IDENTIFICATION NUMBER

• 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 inenforcement of laws as well as to provide theContracting Partya means ofidentifyingbusinesses which seek contracts therewith.


BID

o 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 oflast Addendum received.)

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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 FulI 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**
