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MTA - NEW YORK CITY TRANSIT 2 BROADWAY NEW YORK, NY 10004 DIVISION OF MATERIEL web.mta.info/nyct/procure/nyctproc.htm [email protected] 0000183357 NOTICE -OF- ADDENDUM ADDENDUM # 3 BID OPENING/DUE DATE: 11/08/2017 *NOTE: A CD WILL BE SENT OUT ON 10/18/17 OVERNIGHT DELIVERY

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Page 1: 2 BROADWAY Vreplies@nyct.com 0000183357web.mta.info/nyct/procure/addenda/183357add3.pdf · 2017. 10. 17. · 2 Broadway Tim Mulligan New York, NY 10004-2207 Acting President MTA New

MTA - NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, NY 10004

DIVISION OF MATERIEL

web.mta.info/nyct/procure/nyctproc.htm

[email protected]

0000183357 NOTICE

-OF-

ADDENDUM

ADDENDUM # 3

BID OPENING/DUE DATE: 11/08/2017

*NOTE: A CD WILL BE SENT OUT ON 10/18/17

OVERNIGHT DELIVERY

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2 Broadway Tim Mulligan New York, NY 10004-2207 Acting President

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

October 17, 2017

ADDENDUM #3 Furnish and Deliver 53 Low Floor 60-foot Articulated Diesel Buses

Contract# B40669 SSE# 183357

TO PROSPECTIVE PROPOSERS: This Addendum contains a list of corrections and updates to the RFP documents and responses to inquiries which have been received from prospective Proposers. You are advised to carefully review the changes made by this Addendum and the revised contract documents which are attached. In addition, Proposers are reminded that the Authority is soliciting from each Proposer one (1) proposal that fully complies with all requirements contained in the RFP package. The Authority also encourages Proposers to submit Alternate Proposals which address the Authority’s requirements. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the RFP package, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply. Changes to the Contract Documents: 1. Attachment B – Price Schedule — has been replaced in its entirety and the revised Attachment

B is hereby attached. 2. Attachment C – Clarifications, Deviations & Exceptions — has been replaced in its entirety

and the revised Attachment C is hereby attached. 3. Attachment L – Delivery Schedule – has been replaced in its entirety and the revised

Attachment L is hereby attached.

4. Attachment N – Extended Warranty Matrix – has been replaced in its entirety and the revised Attachment N is hereby attached.

 

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698801 2 of 4 B40669 Addendum #3

5. Appendix A25 – Recommended Sources – has been replaced in its entirety and the revised Appendix A25 is hereby attached.

6. Appendix A29 – Exterior Paint Scheme – has been replaced in its entirety and the revised

Appendix A29 is hereby attached. 7. Appendix C2 – Bus Security Camera Technical Specifications – has been replaced in its

entirety and the revised Appendix C2 is hereby attached. 8. Appendix C2B – Bus Security Camera Layout – has been replaced in its entirety and the

revised Appendix C2B is hereby attached.  

9. Appendix C9 – Collision Warning System – has been deleted in its entirety and replaced with Appendix C9 – NOT USED.

Questions:

1. In Attachment B and Attachment C there are references to New York State content. Please confirm whether or not these references apply to this RFP.

The above attachments are hereby revised and replaced in their entirety.

2. Re Form F-4: We request clarification regarding the section titled “Information on Potential Subcontractors”. Please confirm that this only applies to subcontractors, and not to suppliers.

Form F-4 must be completed by all firms that are participating or attempting to participate on USDOT-assisted contracts. The list must include all firms that bid on prime contracts or bid or quote subcontracts on USDOT-assisted projects, including both DBEs and non-DBEs. Therefore, the Proposer as well as its Subcontractors must complete the form. Subcontractors shall mean an individual or organization who enters into a contract to furnish labor or services only or labor and materials or apparatus in connection with the Work directly or indirectly for or on behalf of the Contractor and whether or not in privity of Contract with the Contractor.

3. We request clarification if NYCT would like to see any additional alternates to the ten items listed in Attachment B. if so, can an additional table be added to this section of Attachment B?

The revised Attachment B (attached) includes an additional table for proposed alternate systems. Proposer may add additional lines as needed.

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698801 3 of 4 B40669 Addendum #3

4. We request clarification on the requirements for a Collision Warning System. In the Table of Contents for the Appendices, under C# 09 the description is “not used”. However, Rev 1.0.1 of the Collision Warning System has been included in the file. Please confirm this requirement.

The requirement for a Collision Warning System has been deleted from the Technical Specifications. Appendix C9 – NOT USED replaces the previously furnished Appendix C9.

5. In order to prepare for other steps after the bid submittal, we are kindly requesting to have the dates on which NYCT expects to have the Oral presentation, Negotiation meeting.

The specific dates will be provided directly to the Proposers invited for Oral Presentations after review and evaluation of the proposal packages. For estimation purposes, Oral Presentations are planned for the week of November 13, 2017.

6. Item 22 of Attachment N: “rotors and drums” are missing in Article 10 of the Terms and Conditions. Please clarify.

Please refer to Attachment N for current warranty requirements. The Contract Terms and Conditions, including Article 10, will be updated prior to any request for BAFO.

7. There are differences in the numbering for items 61-64 between Attachment N and Article 10 of the Terms and Conditions. Please confirm.

Please refer to Attachment N for current warranty requirements. The Contract Terms and Conditions, including Article 10, will be updated prior to any request for BAFO.

8. Item 61 of Attachment N, Pedestrian Turn Warning System, is missing in Article 10 of

the Terms and Conditions Please refer to Attachment N for current warranty requirements. The Contract Terms and Conditions, including Article 10, will be updated prior to any request for BAFO.

9. Item 64, Regulator, High Pressure, in Article 10 of the Terms and Conditions seems to be

an error as it is a CNG item. Please confirm.

Please refer to Attachment N for current warranty requirements, which does not specify a Regulator, High Pressure. The Contract Terms and Conditions, including Article 10, will be updated prior to any request for BAFO.

10. It seems that the authorized parchment indicated by a “*” is not the same when comparing Article 10 of the Terms and Conditions and Attachment N. Please clarify.

Please refer to Attachment N for current warranty requirements. The Contract Terms and Conditions, including Article 10, will be updated prior to any request for BAFO. Proposer must follow instructions on page 1 of Attachment N, which includes a list of allowable parchments.

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11. We' ve notice that in the Terms and conditions, article 3C, a change was made to the section. We think the reference of " 1.8.7" is the revision of the Technical Specification (no longer applicable, now 1.8.8) but the intention was to mention the section of the Technical Specification which should be 1.11.7.

Section 1.11.7 of the Technical Specification is the correct reference. The Contract Terms & Conditions will be updated prior to any request for BAFO.

12. As per my previous email, we noted that a reference to the revision of the Technical Specification is made instead of the section.

Article 10 - item E8 states: "The SRT Manual shall be provided to the Authority in both hard copy and a flat file or ASCII file. For additional details see Section 1.8. 7 of the Technical Specifications."

Section 1.17.3 of the Technical Specification is the correct reference. The Contract Terms & Conditions will be updated prior to any request for BAFO.

Senior Manager

698801 4of4 840669 Addendum #3

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MTA - NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, NY 10004

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

[email protected]

0000183357 NOTICE

-OF­ADDENDUM

ADDENDUM #2

BID OPENING/DUE DATE: 11/08/2017

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2 Broadway Tim Mulligan , New York, NY 10004-2207 Acting President

It New York City Transit

October 12,2017

ADDENDUM #2 Furnish and Deliver 53 Low Floor 60-foot Articulated Diesel Buses

Contract# B40669 SSE# 183357

TO PROSPECTIVE PROPOSERS:

This Addendum contains a list of corrections and updates to the RFP documents and responses to inquiries which have been received from prospective Proposers. You are advised to carefully review the changes made by this Addendum and the revised contract documents which are attached.

In addition, Proposers are reminded that the Authority is soliciting from each Proposer one (1) proposal that fully complies with all requirements contained in the RFP package. The Authority also encourages Proposers to submit Alternate Proposals which address the Authority's requirements. In the event a Proposer wishes to provide an Alternate Proposal, it should refer to Paragraph 4 of the Overview of Proposal Procedures for guidance. In the event a Proposer is unable or unwilling to fully comply with the requirements contained in the RFP package, an exception should be included in its Proposal which includes a detailed explanation for its inability or unwillingness to comply.

1. The Proposal Closing Date has been revised from October 26, 2017 at 1:00 p.m. to November 8, 2017 at 2:00 p.m.

2. Attachment A - Proposer's Execution Form - has been replaced in its entirety with the attached revised Attachment A.

~JI Elinore pedrO-GalindJ D Senior Manager

698512 840669 Addendum #2

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ATTACHMENT A

PROPOSER'S EXECUTION FORM

CONTRACT B40669

ADDENDUM #2

FURNISH AND DELIVER 53 LOW-FLOOR

60-FOOT ARTICULATED DIESEL BUSES

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PROPOSER'S EXECUTION FORM Contract B40669

PROPOSER'S NAME: _

NEW YORK CITY TRANSIT AUTHORITY Materiel Division - Procurement Sub-Division

CONTRACT NO.: B40669 CLOSING (DUE) DATE: November 8, 2017

LOCATION: 3 Stone Street New York, NY 10004

CLOSING TIME: 2:00 PM Local Time

NOTES:

N-1. Proposals must include a fully completed and executed copy of this form. In order to be a responsive proposal, all parts of the proposal must be submitted. PROPOSERS MUST ATTACH COPIES OF ALL ADDENDA ISSUED OR ACKNOWLEDGE RECEIPT THEREOF WHERE INDICATED BELOW. 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 Proposal as a minor informality where the addenda or portion of the Proposal, 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 Proposer to fully complete any portion of the Proposal as a minor informality.

N-2. Execution of Proposal must be made as required in Section P below.

A. The undersigned Proposer, acknowledging that it has carefully examined the Request for Proposal Package, hereby offers to fully perform all obligations and responsibilities as set forth therein and in its Proposal, at the price(s) stated in the Price Proposal Form attached hereto.

B. 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 Proposer by any provision of the Contract Documents, including Notice of Award of the Contract:

______________ I_T=--=e=..:.-le=.Jp::..:.h.:..:o=..:.-n:...=e~N....:..o=..:.:.....l('_ _'______

C. (Check where indicated below if the Proposer is a foreign corporation, in which case the Proposer agrees to accept process as provided herein). The undersigned, a corporation not organized and existing under the laws of the State

Attachment A 698781 Page 1 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract B40669

PROPOSER'S NAME: _

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 Proposal or the Contract may be made by certified or registered mail addressed to the undersigned at the address referred to in Section B above of this Proposal, unless a different address within the State of New York be specified below, in which event service as aforesaid may be made at the address specified below or at such other mailing address within the State of New York as is substituted therefor by the undersigned by notice in writing to the Authority as provided in the Contract Documents. Failure of the Proposer to check the box below shall constitute the Proposer's statement that it is not a foreign corporation, and may, if untrue, be a ground for disqualification.

D Proposer is a foreign corporation

)I ITelephone No. (

D. NON-COLLUSIVE BIDDING CERTIFICATION

1. By submission of this Proposal, the undersigned and each person signing on behalf of the undersigned, and in the case of a joint Proposal 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 Proposal 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 proposer or with any competitor;

b. unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by the undersigned prior to opening, directly or indirectly, to any other proposer or to any competitor prior to the closing date for Proposal;

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

Attachment A 698781 Page 2 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

d. no member of the City Councilor other officer or employee of the City of New York (the "City"), or member, officer or employee of the Metropolitan Transportation Authority, New York City Transit Authority, Manhattan & Bronx Surface Transit Operating Authority, Metro-North Commuter Railroad, Long Island Rail Road, Triborough Bridge and Tunnel Authority or Metropolitan Suburban Bus Authority 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; and

e. the Proposer is not in arrears to the City, the State, or the Metropolitan Transportation Authority, New York City Transit Authority, Manhattan & Bronx Surface Transit Operating Authority, Metro-North Commuter Railroad, Long Island Rail Road, Triborough Bridge and Tunnel Authority or MTA Bus Company upon debt or contract and is not a defaulter, as surety or otherwise, upon any obligation to the City, the State, or the Metropolitan Transportation Authority, New York City Transit Authority, Manhattan & Bronx Surface Transit Operating Authority, Metro-North Commuter Railroad, Long Island Rail Road, Triborouqh Bridge and Tunnel Authority or MTA Bus Company and has not been declared not responsible or disqualified by any agency of the City or the State of New York, any public authority of the State of New York, or the United States Government, nor is there any proceeding pending relating to the responsibility or qualifications of the Proposer to receive public contracts.

2. A Proposal shall not be considered for award nor shall any award be made where 1.a, 1.b, and 1.c, above, have not been complied with; provided, however, that if in any case the Proposer cannot make the foregoing certification, the Proposer shall so state and shall furnish with the Proposal a signed statement which sets forth in detail the reasons therefor. Where 1.a, 1.b, and 1.c., above, have not been complied with, the Proposal 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.

3. The fact that a Proposer (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 proposed, does not constitute, without more, a disclosure within the meaning of 1.a,

Attachment A 698781 Page 3 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

1.b, and 1.c above.

4. If the Proposer cannot certify as to statements 1.d or 1.e above, it shall set forth below in detail the reasons therefor (if the space is not sufficient, add additional sheets to your Proposal).

E. The following four questions pertaining to criminal activity should be answered by the Proposer. In the event of a "Yes" answer to any of the questions, the Authority reserves the right to inquire further with respect thereto. The Proposer shall furnish to the Authority all relevant documents or information related hereto as requested by the Authority. Failure to answer to any of these questions will result in a follow­up investigation by the Authority to determine why the question was not answered. While a "Yes" answer to any such question will not automatically result in a negative finding on the question of the Proposer's responsibility, it would merit further inquiry by the Authority.

1. During the past ten years, has your firm, or any principal, director, officer, or shareholder owning ten percent (10%) or more of the stock of the corporation or managerial employee thereof, in connection with the business of the firm or any other firm which is related by common ownership, control or otherwise, been convicted in the State of New York, or any other jurisdiction, of any crime? (Check "Yes" or "No", as appropriate.)

D NoDYES

2. Does your firm, or any principal, director, officer, or shareholder owning ten percent (10%) or more of the stock of the corporation or managerial employee thereof, in connection with the business of the firm or any other firm which is related by common ownership, control or otherwise, have pending any indictment in the State of New York, or any other jurisdiction, for the commission of a crime which has not been terminated in favor of the firm, principal director, officer, shareholder or managerial employee? (Check "Yes" or "No", as appropriate.)

YES D NoD 3. To the best of your knowledge, is your firm, or any principal, director, officer

or shareholder owning ten percent (10%) or more of the stock of the corporation, or managerial employee thereof, in connection with the business of the firm or any other firm which is related by common ownership, control or otherwise, the subject of any pending investigation by

Attachment A 698781 Page 4 of 13 840669 - Addendum #2

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PROPOSER'S EXECUrlON FORM Contract B40669

PROPOSER'S NAME: _

any grand jury, commission, committee or other entity or agency or authority in the State of New York or any other jurisdiction in connection with the commission of a crime? (Check "Yes" or "No", as appropriate.)

YEsD NoD 4. Is your 'firm currently disqualified from selling to or submitting Proposals to

or receiving awards from or entering into any contracts with any public authority for goods, work or services, or have any contracts made with any public authority during the preceding five years been canceled or terminated by such authority by reason of any member, partner, director or officer of your firm refusing to testify or to answer any relevant question concerning a transaction or contract with a public authority when called before a grand jury or other agency which is empowered to compel the attendance of witnesses and examine them under oath upon being advised that neither his nor her statement nor any information or evidence derived from such statement will be used against that person in any subsequent criminal proceeding? (Check "Yes" or "No", as appropriate.)

D NoDYES

F. INSURANCE AND BONDING REQUIREMENTS

Each Proposer shall attach hereto letters from acceptable insurance and bonding companies, as the case may be, which satisfactorily establish to the Authority that such insurance company or companies will issue evidence of existing policies and such bonding company will issue the necessary Performance Bond satisfying the requirements contained in the Contract Terms and Conditions.

G. PARENT COMPANY GUARANTY

Each Proposer shall attach hereto an executed Parent Company Guaranty, in the form provided in Attachment T. Pursuant to ARTICLE 73 of the Terms and Conditions, the Contractor is required to furnish a Parent Company Guaranty in the form attached hereto which shall be effective from the date of Notice of Award to the date of issuance of the Final Completion Certificate.

Attachment A 698781 Page 5 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

H. TVM CERTIFICATION

The Authority has established a Disadvantaged Business Enterprise Program (DBE) pursuant to Federal requirements. Prior to award of any resulting Contract, Proposers will be required to furnish their certifications of compliance with the provision of 49 CFR section 26.49 - Transit Vehicle Manufacturers (TVM) Certification of compliance with Disadvantaged Business Enterprise Regulations. Each Proposer shall attach hereto their Certification of Compliance for the current year (See Schedule F).

I. PRICE SCHEDULE

1. All Proposal prices must be set forth on the Price Proposal 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 Proposal price. The Authority reserves the right, however, to treat the price in figures as the Proposal price where it is evident that the Proposer has made a mistake in writing the Proposal price in words. The Authority also reserves the right in its sole and absolute discretion to:

a. waive informalities or inconsistencies in any Proposal submitted;

b. reject all Proposals submitted; and

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

2. In the event that the Price Proposal reflects any item(s) as to which quantities are estimated, the Proposer acknowledges that the quantities as thus specified in the Price Forms are given only as a basis for the Proposal 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 Contract Price is the aggregate total of the 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 Contract Price or any extended unit prices reflect a clear mathematical error, then the correct calculation shall govern.

Attachment A 698781 Page 6 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

The Price Form is attached to this Proposal and made part hereto of this Request for Proposal (See Attachment B).

J. FEDERAL REQUIREMENTS - 8UY AMERICA CERTIFICATION

Proposer is referred to Article 134, Federal Contract Provisions of Contract B40669 (see Schedule D).

The Proposer shall complete the Certificate of Compliance with Section 165 (b)(3) (see Schedule F). Failure to accurately complete the Certificate of Compliance shall render the Proposer's Proposal non-responsive and the Proposer ineligible for award under this Request for Proposal.

K. Omnibus Procurement Act - Certification and Related Matters

1. All Proposers submitting a Best and Final Offer (BAFO) equal to or exceeding $15,000 must check either box a. or b., as appropriate:

a. D 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

b. D 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.

2. Proposers, submitting a total Best and Final Offer (BAFO) greater than $1 million (a "Large Contract"), by signing this Proposer's Execution Form certify that:

a. Proposer 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 close­out.

Attachment A 698781 Page 7 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

b. The Proposer 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. Proposer 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 Proposer must be provided to the MTA upon MTA's request. If the Proposer determines that New York State Business Enterprises are not available to participate on the Contract as subcontractors or suppliers, the Proposer shall provide a statement to the MTA indicating the method by which such determination was made. If the Proposer does not intend to use subcontractors, the Proposer shall provide a statement to the MTA verifying same.

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

d. The Proposer 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 Proposer agrees to document these efforts and to provide said documentation to the MTA or the State upon request.

e. Proposer 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.

Attachment A 698781 Page 8 of 13 840669 - Addendum #2

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PROPOSER'S EXECUrlON FORM Contract 840669

PROPOSER'S NAME: _

3. A Proposer responding to this Proposer's Execution Form may answer the question below to demonstrate its voluntary commitment to the use of New York State Business Enterprises. While support of New York State Business Enterprises is encouraged, how a Proposer responds to this question will have no impact on the award of the subject procurement.

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

Yes No

4. If Proposer's answer in subparagraph (3), is 'Yes', please identify below the New York State Business Enterprises that the Proposer 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)

Attachment A 698781 Page 9 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

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

L. 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 (see Attachment E and Schedule V), the Proposer, by signing the Proposer's Execution Form, certifies that during the course of this Solicitation and any resultant Contract:

a. the Proposer has notice of all of the terms 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 Proposer will provide its Participating Employees, as defined in the Code, with a copy of

Attachment A 698781 Page 10 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

the Code. The Proposer will obtain their acknowledgement, as required by the Code, that they have received, read, understand, and will comply with the Code. Receipt and retention of the acknowledgements shall be subject to audit by the Authority; and

e. the Proposer will obtain certifications as those made herein from all of its lower tier subcontractors, subconsultants and suppliers that the Proposer 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.

M. 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 (lithe 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 (See Schedule S) from the Proposer 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/aboutlregs/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 Proposer is unable to certify that it is not on the List, it must furnish a signed statement along with its Proposal 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 Proposer 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 Proposer's statement is not found satisfactory in the opinion of the Authority, the Proposer may not be eligible for award of this Contract.

Attachment A 698781 Page 11 of 13 840669 - Addendum #2

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PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

N. The following information is to be completed:

CHECK ONE BOX AND INCLUDE APPROPRIATE NUMBER

D Individual or Sole Proprietorship' SOCIAL SECURITY NUMBER _

D Partnership, Joint Venture or other unincorporated organization EMPLOYER IDENTIFICATION NUMBER. _

D Corporation EMPLOYER IDENTIFICATION NUMBER _

O. ACKNOWLEDGMENT OF ADDENDA

The Proposer hereby acknowledges receipt of all Contract Documents and Addenda through and including

ADDENDUM NO. through ADDENDUM No. _

(Proposer to insert number of first and last Addendum received.)

The Proposer hereby represents that it has reviewed the Technical Specifications as revised through Addendum No. (insert) and, if awarded this Contract, will comply with the Technical Specifications.

. Under the Federal Privacy Act, the furnishing of Social Security numbers by Proposers on this Contract is voluntary. Failure to provide a Social Security number will not result in a Proposer's disqualification. Social Security numbers will be used to identify Bidders, Proposers or Vendors to ensure their compliance with laws, to assist the Contracting Party in enforcement of laws as well as to provide the Contracting Party a means of identifying businesses which seek contracts therewith.

Attachment A 698781 Page 12 of 13 840669 - Addendum #2

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--------------------

----------------------------------------

PROPOSER'S EXECUTION FORM Contract 840669

PROPOSER'S NAME: _

P. EXECUTION OF PROPOSAL

Proposer 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.

Proposer's Full Legal Name -=c-:----,-----------------,,------­

(Fill in exact name of individual, firm, corporation or partnership)

Address:

Business Telephone No. ) -----,---------,-----------------­

Fax No. )

Name of Person Executing Proposal

Title of Person Executing Proposal

Proposer's Federal Taxpayer Identification Number

STATE OF -------)) 55:

COUNTY OF )

The undersigned, being duly sworn says: (a) I am duly authorized by the Proposer to execute this Proposal; (b) I have examined all parts of the Contract Documents, Proposal and Price Proposal and hereby certify that the foregoing Proposal and Price Proposal is in all respects true and correct and (c) the Proposer 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 Proposer, as well as the authority of the person executing the Proposal.

(Signature of Person Executing Proposal)

Sworn to before me this ____ day of , 20__

• (Notary Public or Commissioner of Deeds)

Attachment A 698781 Page 13 of 13 840669 - Addendum #2

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MTA - NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, NY 10004

DIVISION OF MATERIEL

web.mta.info/nyct/procure/nyctproc.htm

[email protected]

0000183357 NOTICE

-OF-

ADDENDUM

ADDENDUM # 1

BID OPENING/DUE DATE: 10/26/2017

*NOTE: A CD WILL BE SENT OUT ON 9/27/17

OVERNIGHT DELIVERY

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2 Broadway New York, NY 10004

Darryl C. Irick Acting President

I) NewYorkCityTransit

September 26, 2017

ADDENDUM#l Furnish and Deliver 53 Low Floor 60-foot Articulated Diesel Buses

Contract# B40669 SSE# 183357

TO PROSPECTIVE PROPOSERS:

This Addendum contains a list of corrections and updates to the RFP documents. You are advised to carefully review the changes made by this Addendum and the revised contract documents which are attached.

1. Section II - Special Important Notice to Proposers is hereby attached and incorporated into the RFP package.

2. B40669 Technical Specifications Rev 1.8.7 been replaced in its entirety with the attached Technical Specifications Rev 1.8.8.

3. Section III - Overview and Proposal Procedures document has been revised and is hereby replaced in its entirety.

4. The following Appendices to the Technical Specification have been replaced in their entirety with the attached Appendices:

Appendix Description Date/RevN ersion Appendix A25 Recommended Sources and Products List Rev 3.1 Appendix A29 Exterior Paint Scheme Rev 7 Appendix C2 Bus Camera System Rev 1.4.6 Appendix C2B Camera Layout for 60-Foot Buses Ver 1.4 Appendix C8 Digital Information Screens Ver 1.4

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Please attach this addendum to your proposal or acknowledge it in the place provided in the Proposer' s Execution Form (Attachment A). Failure to do so may result in rejection of your proposal.

Sincerely,

~(ll--/ Elinore Pedro-Galindo Senior Manager, Procurement

6966 19 2 of2 840669 Addendum # I