NIAGARA FRONTIER TRANSPORTATION …bids.nfta.com/docs/RFP 4416 TUNNEL WASHER TRUCK.pdfNIAGARA...

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSAL

FOR

TUNNEL WASHER TRUCK

NFTA RFP NO. 4416 The following items are to be included with the proposal and made part of any agreement entered into pursuant to this RFP. SUBMIT 6 HARD COPIES OF PROPOSAL and 1 ELECTRONIC COPY (CD OR FLASH DRIVE). Cover Letter Description of products/services Firm, Management and Staff Qualifications Resumes References Itemized Cost Proposal Disclosure of Prior Non-Responsibility Determinations Bidder's/Proposer's Affirmation and Certification Non-Collusive Proposal Certificate Certificate Regarding Lobbying Buy America Certificate Company and Contact Information Form Acknowledgment of Addenda Contractor Certification Form ST-220-TD Technical Submittals Weight Analysis Warranty Information

PROPONENTS MUST REGISTER AND DOWNLOAD THIS RFP FROM THE NFTA WEB SITE, WWW.NFTA.COM, IN ORDER TO BE NOTIFIED OF SUBSEQUENT AMENDMENTS. ONLY REGISTERED SUPPLIERS WILL RECEIVE NOTIFICATION OF

NEW RFP’S AS THEY BECOME AVAILABLE.

THE RFP NUMBER MUST BE REFERENCED ON ALL SUBMITTALS AND CORRESPONDENCE.

1

http://www.nfta.com/

NIAGARA FRONTIER TRANSPORTATION AUTHORITY

REQUEST FOR PROPOSAL NO. 4416

Proposals will be received by the undersigned until 11:00 a.m., on MARCH 18, 2015 for:

TUNNEL WASHER TRUCK in accordance with the attached proposal documents. The Authority reserves the right to reject any or all proposals, or to waive any informality in the proposal. Proposals shall be submitted in a sealed envelope showing Proponent’s name and addressed to:

NIAGARA FRONTIER TRANSPORTATION AUTHORITY Department of Procurement - Fifth Floor

Attention: 181 Ellicott Street

Buffalo, New York 14203 716-855-7206 phone, 716-855-6676 fax

email [email protected] www.nfta.com

MARK ON LOWER LEFT HAND CORNER OF ENVELOPE: RFP: 4416 DUE DATE: MARCH 18, 2015 FOR: TUNNEL WASHER TRUCK NAME OF PROPONENT: PROPOSALS MUST BE RECEIVED AT 181 ELLICOTT STREET, 5TH FLOOR, PROCUREMENT DEPARTMENT, BEFORE THE TIME DESIGNATED FOR OPENING IN ORDER TO BE CONSIDERED. All correspondence, communications and/or contact with the NFTA in regard to any aspect of this proposal shall be with the Procurement Official designated above or her designated representative. Prospective proponents, or their representatives, shall not make contact with or communicate with any representatives of the NFTA, including employees and consultants, other than the designated Procurement Official, in regard to any aspect of this proposal.

Andrea Herald Procurement Manager

2

RFP NO. 4416 SCOPE OF WORK/TECHNICAL SPECIFICATIONS

1. SCOPE

The intent of these specifications is to describe the minimum acceptable criteria and standards to cover the design, manufacture, delivery and acceptance of one Tunnel Washing Truck with high rail gear and reversing gearbox application.

2. BRAND NAMES

These specifications may refer to a “brand name” and are intended to indicate the quality and characteristics of products that would be satisfactory. If it is proposed to furnish an “or equal” item, it will be the proposer’s responsibility to provide with the proposal, material such as catalog cuts, drawings and manufacturer’s specifications, that will allow the NFTA Metro Rail to determine whether the items meet the specifications.

3. GENERAL REQUIREMENTS:

This vehicle and all specified components and equipment shall comply with the following minimum requirements. All dimensions referred to in the specifications are approximate. The railroad operations include tunnel washing, removing carbon dust and debris from the tunnel floor and walls. The vehicle will be utilized to clean the track bed or right of way surface and also any parking lots and roadways at NFTA facilities. NOTE: H.D. or Heavy Duty denotes one level above standard unless otherwise specified. The vendor shall supply data to support what constitutes H.D. and what is the manufacturer’s standard.

3.1. All craftsmanship shall be of the highest quality and will be subject to periodic inspection by an NFTA representative during fabrication and assembly.

3.2. The chassis and other components must be equipped with all-standard items and features, unless upgraded.

3.3. The proponent shall include, with the proposal, technical data and manufacturer’s literature containing the specifications for all specialized equipment and options added or proposed for this vehicle.

3.4. Weight analysis must be performed and the weight of all components and distribution between front and rear axles must be identified.

3.5. The vehicle must be furnished with a certified weight certificate, refer to Section 5.6, showing actual weight on front axle, actual weight on rear axle, total weight of completed vehicle.

3.6. The proponent shall include, with the proposal, a layout-drawing (to scale)

3

showing the component placement on the completed vehicle. The drawing must also show approach angle, break-over angle and departure angle as described in Section 5.4 Obstruction Clearances.

3.7. The vehicle on hi-rail gear, with all added equipment, must fit within NFTA Tunnel Clearance Envelope. The Tunnel Clearance Diagram is included for reference.

3.8. Completed vehicle must conform to all the system clearances and track conditions. Refer to NFTA Attachment One.

3.9. All fluids, with the exception of fuel, shall be checked and topped off prior to delivery.

4. TECHNICAL SPECIFICATIONS 4.1. Chassis: 4.1.1. Wheel base - 228 inches 4.1.2. Cab to axle - 160 inches 4.1.3. Frame – to be 120 KSI (tensile strength of steel) with ¼” or manufacturer’s

recommended size, C channel inner frame reinforced. HSLA (high strength low alloy steel) would also be acceptable.

4.1.4. Fuel tanks – One -50 gallon tank located on chassis to accommodate high rail gear and possible re-routing of exhaust.

4.1.5. Gross Vehicle Weight (GVW) – 41,600 minimum 4.1.6. Front axle – 18,000 lb. 4.1.7. Rear axle – 25,600 lb. 4.1.8. Rear axle Ratio – Economy rate 5.38 or approximate 4.1.9. Front springs - 18,000 lb. 4.1.10. Rear springs - 30,000 lb. 4.1.11. Power steering

4.2. Engine: 4.2.1. Type - Diesel 4.2.2. Net horsepower – Minimum 300 @ 2000 rpm 4.2.3. Oil filter - Standard spin-on 4.2.4. Air filter - Standard dry element 4.2.5. Cooling system – H.D. 4.2.6. Engine block heater - 1250 watt, 110 vac with cord and plug,

mounted for easy access by operator. 4.2.7. Engine must include an auxiliary winter/cold weather starting aid (e.g. pre-heater,

etc.). Specify type and manufacturer in proposal. 4.2.8. Exhaust system shall be a single vertical exhaust and tail pipe. 4.2.9. Exhaust scrubber or particulate filter must comply with New York State and

Federal requirements for underground tunnel use as per Mine Safety and Health Administration (MSHA), Diesel Particulate Matter (DPM).

4.2.10. Exposure of system must include single particulate filter or gas scrubber. 4.2.11. Any exhaust gas must meet the metal and nonmetal MSHA standards for gas

emissions per Miners 66 FR 5706, section 57.5060 and applicable sections (www.msha.gov).

4

4.2.12. Fuel/water separator 4.2.13. Low oil pressure- high temperature emergency shutdown

4.3. Driveline: 4.3.1. Transmission - 6 speed automatic with power-take off (PTO) provisions 4.3.2. Driveline to include an external auxiliary transmission oil cooler 4.3.3. Warranty – Refer to Section 13. 4.3.4. Use OEM recommended lubricant. 4.3.5. PTO must include dash mounted indicator light and operating placards. 4.3.6. Reversing transmission shall be capable of traveling a minimum of 22 mph, for

on rail travel in reverse, without over-revving the engine. Transmission must only operate in reverse mode.

4.3.7. The control shall be an electric shift actuator. Install aircraft type protected. 4.3.8. The toggle switch on cab dash, with direction indicator light, shall be incorporated

on the control panel. 4.3.9. The gearbox shall handle a minimum input torque of 17,000 ft/lbs. 4.3.10. An operating instruction placard must be located near control indicating forward

and reverse modes.

4.4. Electrical: 4.4.1. The electrical system to contain a 12 V. negative ground batteries - (3) W/ 2280

CCA, (Cold Cranking Amps) with a lockable hinged cover. 4.4.2. Alternator - minimum of 160 amps 4.4.3. The electrical system shall have engine protection derate system and alarm. 4.4.4. The electronic backup alarm shall be approximately 87 db -112 db and

automatically adjusts to ambient noise level. 4.4.5. Collision avoidance system – Shall be an Eagle Eye ODS system (www.tst-

corp.com), or approved equal. The system must be capable of accepting multiple sensors or cameras located around the vehicle. This device must also be capable of operating in two distinctive modes, passive and active; and shall include operator cab display and audible alarm.

4.5. Brakes: 4.5.1. Brakes shall include air, anti-lock braking system (ABS). Rail gear operation

must not set off ABS fault codes. NOTE: This system must be approved by the brake and chassis manufacturer.

4.5.2. Front brakes dimensions - 6.5 x 6 inches 4.5.3. Rear brakes dimensions - 16.5 x 7 inches 4.5.4. Parking brakes shall have spring applied parking or emergency brakes if air

pressure is lost. 4.5.5. Air dryer must be heated and include moisture ejectors on all tanks. 4.5.6. Compressor – The compressor must supply air to meet vehicle usage demands

without failure or lag time. 4.5.7. Brakes shall include front and rear automatic slack adjusters. 4.5.8. Brakes must have an emergency brake connection. The pneumatic portion of

the brake system shall be equipped on the front and rear with ¼" NPT (National

5

http://www.tst-/

http://www.tst-/

Pipe Thread) male quick disconnects. This shall allow charging and full operation of the brake system using an air supply from a compatible external source. Both quick disconnects shall be easily accessible and marked clearly. The failure of the engine, onboard electric or hydraulic systems, shall have no effect on the brake system in the emergency mode.

4.5.9. Safety – The override and bypass components in the brake system shall be protected to prevent accidental or inadvertent venting of the charged brake system.

4.6. Wheel and Tires: 4.6.1. Rims:

• Front - 22.5 x 9.0" 10H steel disc one-piece • Rear - 22.5 x 13.0" 10H steel disc one-piece

4.6.2. Tires: • Front –315/80R22.5 18 ply radial steel tire • Rear - 445/65R22.5H 18 ply radial steel tire

4.6.3. Tread: • Two (2) highway • Four (4) mud and snow

Note: Tires shall be of the same manufacturer.

4.7. Cab: 4.7.1. The cab shall include the following equipment:

• Fuel • Speedometer • Tachometer • Oil pressure gauge • Engine temperature gauge with warning lights and buzzer • Transmission temperature gauge • Air pressure gauge • Voltmeter • Engine hour meter • PTO hour meter

4.7.2. Lights without working gauges/meters are not acceptable. 4.7.3. The truck hour meter is to function only when engine is running. 4.7.4. Windshield wiper – 2 speed w/ intermittent control and washer. 4.7.5. Heater, defroster and air conditioner system shall have a high output. 4.7.6. Mirrors shall be heated with thermostatic control, located on the right and left side

of vehicle, made out of stainless steel, with an extended west coast mirror style, with 7" x 16" mirror heads for 102" wide application.

4.7.7. Convex mirrors shall be approximately 8”in diameter, offset mount, and bolt on type. Heated mirrors are preferred.

4.7.8. Horn – Shall be standard electric plus air. 4.7.9. Bumper – Shall be standard for rail gear. 4.7.10. Seats – Driver and passengers seats both to be covered with H.D. vinyl.

6

4.7.11. Paint – Refer to Section 4.13 4.7.12. The cab shall contain four (4) grab handles (or two (2) full length handles), (2) curbside and (2) street side, located for best road and rail cab access. 4.7.13. One-piece tilt hood and fender assembly shall be included. 4.7.14. Cab shall include AM/ FM Radio. 4.8. Tunnel Washer Truck:

4.8.1.1. Tank Body: 4.8.1.2. The tank capacity is to be a minimum of 2,500 U.S. gallons with an elliptical

shape. 4.8.1.3. Tank shell construction shall be:

• 5454-H32 aluminum alloy • .190” bright flash sides • .205” mill finish top, • .235” mill finish bottom

4.8.1.4. The tank head construction to be flanged and dished 5454-0 aluminum alloy .205” with bright finish.

4.8.1.5. The tank manufacturer shall be ISO 9001 certified, or have an alternate quality control program that shows evidence of compliance to ISO 9001.

4.8.1.6. The tank pieces should be lapped and welded, if necessary, depending on the material it’s made of, at both lap joints to prevent leaking.

4.8.1.7. Include one (1) internal anti-surge baffle made of 5454-0-aluminum alloy, .205” mill, finish with 20”, crawl thru opening.

4.8.1.8. The frame type will be an aluminum sill with cross members and head stiffeners and gussets in segments over the truck axles. All mounting hardware shall be included.

4.8.1.9. The tank will include at least a 16” diameter aluminum top hatch with a lid with a 10” relief vent / fill opening. Two inch (2”) stainless steel (with stainless fittings and elbows) fill line to be routed from ground level to the tank top fill opening. The fill line will be fitted with a quick connect fitting for connecting to NFTA hydrants.

4.8.1.10. Lay flat hose 2”x25’ with quick connects on both ends will be provided. 4.8.1.11. A ladder to access the tank top shall be provided. 4.8.2. Water Spray System: 4.8.2.1. Unit shall be equipped with 1” schedule 40 stainless steel pipe work and

adjustable vectolic grooved spray nozzles. All manual controlled ball valves shall be stainless steel for each of the sections (top, driver side, passenger side and hose reel).

4.8.2.2. High pressure front spray valves are to be electronically controlled. 4.8.2.3. Schedule 40 seamless stainless steel pipe with 1” stainless steel ball valves at

ground level. All fittings, elbows and pipe nipples to be stainless steel. 4.8.2.4. Tunnel ceiling and tunnel wall spray arches are to be manually controlled and

adjustable by the operator with swivel nozzles 8 to 10 inches between each. The ball valves are to be stainless and sectionalized and adjustable to allow for different spray pattern choices by the operator. Stainless steel plumbing is

7

required, same as ground level application. 4.8.2.5. Electric rewinding hose reel with 1-1/2 “ x 25” hose and spray nozzle. Diesel

motor with a six (6) cylinder, H.D. industrial diesel turbo-charged engine having a minimum of 120 HP, with 359 cubic inches of displacement, provided with an engine exhaust scrubber. The twelve volt electric starting equipment shall include: • 53 amp minimum alternator • Voltage regulator • Variable speed governor • 204 amp/hours battery • Tachometer • Hour meter • Voltmeter • Oil pressure gauge • Temperature gauge • Residential exhaust • Silencer • H.D. two-stage air cleaner • Replaceable element oil filter and fuel filter.

4.8.2.6. Pump – To be a H.D, high pressured, compact unit with a rotary gear and enough maximum capacity and maximum pressure to meet vehicles desired proposed application.

4.8.3. Lights: 4.8.3.1. LED Clearance lights and reflectors must be provided in accordance with D.O.T.

(Department of Transportation (www.dot.gov) requirements. 4.8.3.2. LED Lights on rear of unit must include recessed lights at the top corners of the

tailgate, red stop, tail and amber directional. 4.8.3.3. Amber Strobe: An amber rotating beacon with a globe guard shall be mounted on the rear highpoint or best location to avoid clearance and visibility issues. 4.8.4. Storage Basket: The water spray system requires a large storage basket

fabricated out of stainless steel mesh and stainless steel channel for storage of the hoses, wands and fittings.

4.8.5. Drain Valve Assembly: A drain valve assembly mounted with a lay flat hose shall be provided.

4.8.6. Fenders: Jeep style fenders must be provided for rear axle with mud flaps. 4.9. Rail Gear: 4.9.1. Rail gear shall be a conventional type that meets or exceeds the vehicle’s GVW. 4.9.2. The rail gear shall include rail gear over-ride capability with a minimum of 40,000

lbs. 4.9.3. Supply a steering wheel lock system for locking steering wheel to prevent front

tires from turning into rail wheels when on rail. 4.9.4. Rail gear mounting must be positioned to allow for a long wheelbase vehicle to

negotiate curves without derailing or losing traction. 4.9.5. Front rail gear shall be located and mounted under the vehicle that best suits rail

gear performance to vehicle. Preferably, it shall not be not located under cab of

8

http://www.dot.gov/

vehicle. All necessary modifications must be performed to allow for rail gear installation without hindering rail gear performance.

4.9.6. Front axle locks shall deploy and stow automatically with the rail gear. 4.9.7. Additional steps and handles are to be included for best cab access on rail. 4.9.8. Rear rail gear shall articulate 5" to either side, for 10" total offset, with self-

centering ability for easy rail access. 4.9.9. Brakes shall be front and rear cobra type, and include an activation switch on

dash and all necessary valving. 4.9.10. Rear rail gear assembly links on rear rail gear shall be slotted, allowing the

vehicles rear rail wheels to maintain rail contact when negotiating crossings, embedded rail, raised guardrail, etc.

4.9.11. H.D. front and rear pin-offs - Front pin-offs shall be accessible from the outside and must have only one (1) pin-off position. Front inside pin-off's are not acceptable. There shall be only one (1) pin-off position on each side of front rail gear.

4.9.12. Sight rods shall be flexible and installed on outer edges of rail gear bumper.

4.9.13. Install diverter valve off main hydraulic system to supply hydraulic power to rail gear circuit.

4.9.14. Rail gear lighting – Refer to Section 4.12. 4.9.15. Railroad lighting package shall include:

• Rear-facing headlights (one on each side), must be recess mounted in rear bumper with removable expanded metal shrouds.

• Must include front facing taillights installed on fenders. • Lights must be controlled from a dash mounted industry standard control

panel. • Three position switches with directional indicator lights.

4.9.16. Proximity sensor must be installed at the front curbside rail wheel to indicate that the front rail gear is deployed. 4.9.17. Jacking pads shall be installed at front and rear, with reinforcements, at the rail

gear mounting locations for re-railing the vehicle. The chassis must include front and rear H.D. frame extensions for use with the re-railing equipment.

4.9.18. Tow plates shall be installed on front and rear and with reinforced plates with 2 1/16” towing eyes. They shall be centered 14"± ½” from the top of

the running rail as measured with new wheels. Two inch (2”) pin and ball lock will be provided for each tow plate and shall be secured to bumper to prevent loss.

4.9.19. One adjustable tow bar shall be included for emergency rescue. It must include accessible storage brackets on the vehicle and must be properly sized and compatible with tow plates on the vehicle.

4.9.20. Emergency power unit shall be installed in an enclosed vented compartment. It shall supply hydraulic power to both the rail gear and all aerial functioning equipment in the event of engine failure.

4.9.21. Rail gear shall be equipped with an appropriate shunting device.

4.10. Hydraulic Specifications: 4.10.1. The hydraulic specifications must match rail gear requirements.

9

4.10.2. PTO/pump - Hot-shift with over speed (matched to RDS transmission) close coupled pump. 4.10.3. Hydraulic system shall be 2,000 psi, rail gear 5-7 GPM. 4.10.4. Hydraulic reservoir shall be fifteen (15) gallon capacity to include pressure and

return line shut-off valves, pressure Iine strainer and return line- filter, sight gauge, magnetic drain plug and filler breather.

4.10.5. Hydraulic system circuits must include pressure protection and pressure valves where necessary. All cylinders shall include counterbalance valves.

4.10.6. All hoses shall be high-pressured reinforced, with minimum safety factor of 4 to 1. All hoses must be protected when routed across chassis frame, chassis cross members, equipment, or bodies with sharp or aggressive edges and openings. All hoses must be tied up and secured properly. All hoses must be covered with abrasion and cut resistant sheathing. Sheathing must be secured properly to prevent bunching. Shroud all hoses that are routed close to the exhaust system.

4.10.7. Hydraulic oil shall be the manufacturer’s recommended product. 4.11. Lubrication: 4.11.1. A single point lubrication panel shall be provided for all components requiring

periodic lubrication. Each point on the panel shall identify the item or area being lubricated. Areas that are not practical to service from a single point shall be easily accessible. Lubrication point shall be provided on all items normally requiring periodic service, including but not limited to, the railgear, pivot

points, swivels and pins. 4.12. Lighting and Electrical: 4.12.1. All chassis and body lights shall be LED where possible, and shall

meet FMVSS 108 (Federal Motor Vehicle Safety Standard). 4.12.2. Body Lighting – Manufacturer’s standard equipment is acceptable. 4.12.3. Brake and tail lights shall be mounted for best visibility when towing. 4.12.4. Strobe light shall be a low profile model light, series amber with branch guard

mounted on the rear high point or located for optimal visibility and stay within the NFTA tunnel envelope.

4.12.5. Install two (2) LED flood lights on top rear of body; one (1) curbside and one (1) street side.

4.12.6. Railroad lighting package must meet industry standard. 4.12.7. Rail gear lighting shall include two (2) LED lights, 4" rubber grommet spotlights;

one (1) mounted at front rail gear and one (1) mounted at rear rail gear for illuminating rail gear and rail gear controls.

4.12.8. Wire loom/harness shall be an industry standard and be equipped with automotive type harness connectors. All holes for wire routing shall be grommeted. All connections must be soldered and sealed with shrink tube where possible. Adhesive clips or securing devices are not acceptable. All electrical wiring under the body shall be shielded from exhaust system and protected from damage during off road operation.

4.12.9. Control system shall be an industry standard and the central distribution point for all of the auxiliary electrical device buss feeds, fuses, circuit breakers, and relays.

10

4.12.10. Power Distribution System (PDS): 4.12.10.1. Control box shall be an industry standard switch panel, mounted onto PDS

base. The enclosure must be compliant with NEMA-4, to provide protection against windblown dust, rain, splashing water, and hose directed water, with a clear view cover, and accessible for trouble shooting and diagnostics.

4.12.10.2. Interlock relays for ABS disable, vehicle back-up alarm disable, 3 second change of direction alarm and a railroad light to be included in the package.

4.12.10.3. Power Connections - Central battery buss and ground stud to be included. 4.12.10.4. Circuit breaker block shall be 10-way for future use by NFTA for other electrical

components. 4.12.10.5. Master circuit breaker shall be sized to protect the main PDS buss feed and

shall be installed as close to the battery positive terminal as possible. 4.12.10.6. Main ground stud shall be wired directly to the chassis battery negative only.

Frame grounding is not acceptable. 4.12.10.7. PDS shall be installed in an accessible location inside of the truck cab and

shall be constructed with a quick release type cover to provide protection to installed components.

4.12.10.8. A complete auxiliary electrical system schematic shall be laminated and affixed to the inside of the PDS cover.

4.12.10.9. Switch panel shall be an industry standard, illuminated and operate all lighting and auxiliary functions. All functions must be labeled clearly, identifying each individual function. The control panel shall be shut off with an ignition switch.

4.12.10.10. Switch panel configuration: • Switch # 1 - Amber strobe light • Switch # 2 - Rail gear lighting package • Switch # 3 - Rail gear lighting • Switch # 4- Rear and mounted spotlights • Switch # 5 - Rear vision system • Switch # 6 - Hot shift PTO

4.12.11. A separate switch for the gearbox engage shall be mounted on the Rail Tek,(www.railteksupply.com) or approved equal, control panel. It shall include a spring-loaded safety cover to prevent accidental engagement of the gearbox. Railroad lighting package must engage to automatically reverse headlights and tail lights/brake lights for proper direction when the gearbox is engaged. This system must meet the most recent Federal Railroad Administration Regulation (FRA) (www.fra.dot.gov). A proximity sensor shall be installed in the front curbside rail wheel to disable the ABS brake' system, disable the back-up alarm and enable the railroad lighting package when the rail gear is deployed.

4.12.12. Status indicator legends shall be of an engraved style over single stage high intensity red LEDs. Legend lights stay off until device is enabled. Railroad lighting package must engage to automatically reverse headlights and tail lights/brake lights for proper direction when gearbox is engaged. This system must meet the most recent FRA Regulation.

4.12.13. Indicator Legend # I - ABS disabled - Illuminates when ABS is disabled. 4.12.14. Indicator Legend #2 - Back up alarm disabled - illuminates when activated by

curbside rail wheel proximity sensor.

11

http://www.fra.dot.gov/

4.12.15. Indicator Legend #3 - Railroad lighting package - illuminates when system is activated through curbside rail wheel proximity sensor.

4.12.16. Indicator Legend #4 - Reversing gearbox engaged - illuminates when reversing gearbox is engaged. 4.12.17. Change of Direction Alarm - Three (3) second change of direction alarm is activated by front curbside rail wheel proximity sensor. This device shall be tied into the transmission and set to activate the three-second alarm any time that the vehicle changes direction. 4.12.18. Electronic Backup Alarm shall automatically adjusts volume of alarm signal to

ambient noise levels. Alarm function must shut off when on rail.

4.13. Paint 4.13.1. Entire body, including interior toolboxes, shall be primed and painted. The

finished paint color on the exterior and interior to match. 4.13.2. Primer coat – 1.2 mil thickness 4.13.3. Finish coat – 1.5 to 1.8 mil thickness 4.13.4. Cab and Vacuum Equipment -OEM /white industrial paint 4.13.5. Rail gear and below body line – gloss black, industrial paint 4.13.6. Tank exterior shall include a reference of the contents contained in the tank. 4.13.7. Diesel Fuel Tank- To be painted according to Federal Standard #595

(www.fss.gsa.gov) with green # 14062. 4.13.8. Hydraulic Oil - To be painted according to Federal Standard #595 with blue # 15180. 4.13.9. Decals - Type of fluid shall be stenciled or decaled with 1 ½" letters on each tank

in a conspicuous place using a contrasting color. Supply all operational and safety decals.

4.13.10. Conspicuity tape shall be highly reflective, 2” red and white patterned, and installed on the rear and side of body and bumper.

4.13.11. Rust Proofing and Undercoating – Chassis shall be standard OEM. Rustproof/Undercoat the underbody and all bare metal components below the body line.

5. TECHNICAL SUBMITTALS Include the following technical documents with the proposal: 5.1. Manufacturer’s specification and literature 5.2. Prints:

• Layout - One (1) set of prints with proposal • As built prints - Five (5) sets at delivery

5.3. Vehicle Height: The overall height must be part of the layout print submitted with the bid package. 5.4. Obstructions: Any obstruction must be shown with proposal. The vehicle, and

any of the vehicles added components or equipment, must fit within NFTA’s tunnel clearance envelope.

12

5.5. Approach Angle: The proponent must provide technical documentation to confirm that the vehicle, and any of the vehicles added components or equipment, will comply with the following approach angles: • 18° with rail gear and clearances front mounted

Winch, 34° on all other vehicles • Brake over angle 23° • Under 200” WB (wheel base),15° over 200” WB • Departure angle 13° with rail gear,15° on all other vehicles • Ground clearance: minimum 12” • Diagrams: Include all electrical, hydraulic and operation schematics at time

of delivery. 5.6. Weight Distribution: Please include weights of proposed vehicle in the

proposal: Front Axle _______________ Rear Axle _______________ Total _______________

6. PARTS

All parts used must be standard in-stock parts that are continuously in inventory and available for delivery within 48 hours.

The contractor shall maintain spare parts support of any equipment that may be purchased as a result of this solicitation for a period of not less than five (5) years from the date of delivery.

7. CURRENT MODELS AND STANDARD EQUIPMENT

Only the latest model equipment, as evidenced by the manufacturer’s current published literature, will be considered. Equipment shall be composed of all new parts and materials. Prototypes are not acceptable.

8. CONTACTS AND PHONE NUMBERS

After hours contact numbers shall be available for at least two personnel.

9. TRAINING

The contractor shall provide a trained technician or factory authorized service representative to instruct NFTA Rail Employees on the proper operations and maintenance of this unit. Training shall be performed at NFTA Metro Rail location.

The instruction will require a minimum of sixteen hours: (8) for operators and (8) hours for maintenance, and shall continue until all parties involved in the training are confident that all related subjects have been explained and demonstrated.

13

Training shall cover safe operation and maintenance of the chassis, pressure spray equipment, rail gear and gearbox. Training shall be tailored specifically to NFTA equipment.

10. ITEMS REQUIRED UPON DELIVERY 10.1. Technical Publications : The contractor shall furnish two sets of the following

publications, at the time of delivery:

• Operator’s manual • Parts manual (all parts not of original fabrication by the vehicle manufacturer

shall be listed by original manufacturer’s name and part number). • Maintenance service manual • Detailed trouble shooting information

10.2. Training Material:

• One (1) copy of an operators training video, if available. • Two (2) Instructor Guides • Five (5) Student Training Manuals

10.3. Certificate of Origin: Certificate of origin shall accompany the unit when delivery is made. The vehicle manufacturer’s certificate of origin shall be reassigned at delivery to:

Niagara Frontier Transit Metro Systems, Inc. 181 Ellicott St., Buffalo, New York 14203

10.4. Keys: Four (4) complete sets of tested keys are required at time of delivery. 10.5. New York State Inspection: NYS Inspection sticker is required with vehicle at

delivery.

10.6. The equipment, keys and manuals must be delivered to:

NFTA Metro Rail Maintenance Facility 164 Ohio Street Buffalo, New York 14203

10.7. Vehicle must be delivered between the hours of 8:00 am and 2:30 pm with a 24 hour notice prior to delivery.

10.8. Delivery of the vehicle is due 180 days after receipt of order. 11. PRICING

Shipping/Delivery charges shall be included in the itemized cost proposal.

14

12. GUARANTEE/WARRANTY

The proponent shall guarantee, in writing, that during the manufacturer’s warranty, period (which starts upon NFTA accepted delivery), they shall at no expense to NFTA, replace all failed parts and make all repairs that may be required by reason of defective workmanship, or material in any part of the assembly of the unit and associated components. The proponent shall provide details on the warranties offered for the following components: • Chassis • Engine • Transmission • Tank

13. EXCEPTIONS/DEVIATIONS

The proponent shall list any deviations, minor points or variances below they would like NFTA to consider. More details can be described on a separate sheet attached to the proposal.

ITEM EXCEPTIONS/ DEVIATIONS 1.

2.

3.

4.

5.

15

NIAGARA FRONTIERTRANSPORTATION AUTHORITY INSURANCE SPECIFICATIONS

The Contractor agrees to procure and maintain at its expense during the term of the Agreement insurance of the kinds and in the amounts hereafter required, with insurance companies authorized to do business in New York State, covering all operations under this Agreement whether performed by it or its sub-contractors. The policies shall provide for a 30-day notice to the Authority prior to termination, cancellation or change.

Prior to the execution of the Agreement, the Contractor shall supply the Authority by delivering to the Manager of Procurement, 181 Ellicott St., Buffalo, NY 14203, a certificate(s) of insurance providing evidence of insurance coverage for the Contractor for the following coverage:

• Commercial General Liability Insurance including coverage for property damage, bodily injury, personal injury, advertising injury, product liability, completed operations and contractual liability with a single limit of at least $1,000,000 per occurrence/2M aggregate. The certificate shall name the Authority, and its subsidiaries, as additional insureds.”

The Authority and the Contractor agree to waive all rights against each other for damages to the extent covered by the insurance, except for such rights they may have to the proceeds of such insurance held by the Authority as trustee. The Contractor shall require similar reciprocal waivers by all sub-contractors and sub-sub-contractors. This policy shall recognize such waivers of recovery by an appropriate Waiver of Subrogation Clause Endorsement, excluding any subrogation rights granted under New York Law to the contrary notwithstanding. Above needed insurance coverage will be provided on a primary and non-contributory basis.

Copies of any required policies shall be provided to the Authority upon request.

16

RFP NO. 4416 INSURANCE SPECIFICATIONS

PROPOSAL EVALUATION An NFTA Selection Team will evaluate proposals. The team will select the proponent whose proposal is most advantageous to the NFTA, considering the evaluation criteria. SELECTION PROCEDURE

1. The selection team will evaluate and score all proposals received.

2. Proposals not meeting minimum requirements and those that are not responsive, will not be given further consideration.

3. Proposals in the competitive range will be determined. These proponents may be asked to present their proposal to the selection team.

4. When presentations, discussions and negotiations are concluded, NFTA may request revised proposals and /or best and final offers from responsible proponents in the competitive range.

5. Proposals will be re-evaluated and scored. The selection team will recommend that the proponent with the highest overall score be awarded the contract. The recommendation must then be approved by the NFTA Board of Commissioners prior to the execution of a contract.

NOTE: NFTA reserves the right to make the award based upon the initial proposals submitted, without presentation or discussions.

EVALUATION CRITERIA (Listed in order of importance) Technical Criteria: Compliance with technical specifications. 50% Cost 30% Qualifications & Experience: Demonstrated ability in the industry, references, past performances, depth of knowledge of key personnel in critical areas. 20%

17

PROPOSAL INSTRUCTIONS 1. INTRODUCTION This Request for Proposal ("RFP") invites proposals for TUNNEL WASHER TRUCK as set forth herein. These services may be modified during contract negotiations between the Proponent and the NFTA. The Proponent is encouraged to use its previous knowledge and experience to develop a proposal to meet the NFTA’s needs and a time schedule for completion within the constraints set forth in the project description and technical requirements. This RFP does not commit the NFTA to negotiate a contract, nor does it obligate the NFTA to pay for any costs incurred in preparation and submission of proposals or costs incurred prior to entering into a formal agreement. Proposals will be accepted until 11:00 a.m., MARCH 18, 2015 at the Office of the Manager, Procurement, Fifth Floor, Metropolitan Transportation Center, 181 Ellicott Street, Buffalo, New York 14203. Proposals should be submitted in an opaque, sealed envelope. Proposals received after the date and time specified above shall be considered late proposals and, therefore, shall not be opened nor considered for award. The RFP number must be referenced on all submittals and correspondence. 2. PROPONENT QUALIFICATIONS To be considered qualified, the Proponent must demonstrate in its proposal that it has the background, experience, and the technical and management resources required to organize and conduct the services outlined in this RFP. The Proponent shall furnish information documenting its ability to provide and perform all work related to its implementation and ongoing effectiveness of the project, in a timetable acceptable by the NFTA. The NFTA reserves the right to investigate the qualifications of firms under consideration to confirm any part of the information furnished by the Proponent. Anything less than satisfactory performance on a prior NFTA contract may lead to the NFTA concluding that the Proponent is not qualified. 2.1 Joint Venture: Proposals submitted by a joint venture shall not be considered unless the contractual responsibilities of the parties to the joint venture are clearly and specifically identified. 2.2 Validity Period: The proposal shall be considered valid for the period of time it takes to negotiate a contract with the successful Proponent. This may involve a period of up to 90 days following submittal. If a proposal is not valid for this time period, notification of the valid time period must be made in the letter of transmittal. 2.3 Confidentiality of Proposals: Access to the NFTA’s records is governed by Article 6 of the Public Officers Law of the State of New York (“Freedom of Information

18

Law”). Except as otherwise required by the Freedom of Information Law, the NFTA will exempt from disclosure records submitted in the proposal which are trade secrets or are maintained for the regulation of commercial enterprise which if disclosed would cause substantial injury to the competitive position of the subject enterprise. Any such records that an Offeror believes should be exempted from disclosure shall be specifically identified and marked as such. Blanket-type identification by designating whole pages or sections as records exempt from disclosure will not assure confidentiality. The specific records must be clearly identified and an explanation submitted as to why they should be exempt. Proposal Forms shall not be designated to be proprietary. The NFTA will disregard any proprietary markings on any Proposal Form. Upon a request for records from a third party regarding any records submitted with this proposal for which an exemption was sought the NFTA will notify in writing the party involved. The party involved must respond within 10 (ten) business days with a written statement of the necessity for the continuation of such exemption. 2.4 Agreement: The Proponent awarded the contract will be required to execute an Agreement in a form acceptable to the Authority. 3. RFP AMENDMENTS/QUESTIONS This RFP represents a written statement on the part of the NFTA explaining the requirements, terms, and conditions for submissions of proposals. The RFP covers this material as comprehensively and completely as it can at this time and thus contains all representations of the NFTA with respect to this matter. Any information or understandings, verbal or written, which are not contained within this RFP, or in later written addenda to this RFP, if issued, will be excluded from consideration in evaluating proposals. Any questions, objections or requests for revisions which Proponents may have should be submitted in writing to Cindy Judd via e-mail no later than March 9, 2015. If questions submitted to the NFTA make issuance of addenda to this RFP necessary, such addenda will be distributed to all prospective Proponents. However, it is the responsibility of the Proponent to determine whether addenda have been issued and to acknowledge their receipt in its proposal. 4. PROPOSAL PROTEST PROCEDURES 4.1 Pre-Submittal Opening Protests: If a Proponent can demonstrate that the Contract Documents issued by the NFTA are unduly exclusionary and restrictive or that federal, state or local laws or regulations have been violated during the course of the procurement, then the Proponent may seek a review by the Executive Director or his appointed representative, at 181 Ellicott Street, Buffalo, New York 14203. Protests shall be clearly identified as Protests and submitted in writing as early as possible but no later than five (5) business days before the date specified for proposal submittal. Within four

19

(4) business days after receipt of a pre-submittal protest, the Executive Director shall make one of the determinations listed in paragraph 4.4 4.2 Post-Submittal Protests: A protest to the acceptance or rejection of any or of all proposals for a contract, or to the award thereof, or to any such action proposed or intended by the NFTA, must be received in writing by the Executive Director no later than five (5) business days after the protesting party first learned, or reasonably ought to have learned, of the action or the proposed or intended action to which he/she protests. 4.3 Decision-Makers: In the event the protester alleges that the Executive Director or the representative appointed by the Executive Director to serve as Decision-Maker for the particular protest, engaged in improper conduct during the subject procurement, the General Counsel shall serve as the Decision-Maker. In the event it has been alleged that the General Counsel has engaged in improper conduct during the subject procurement, either the Executive Director or the Chief Financial Officer shall serve as the Decision-Maker. 4.4 Rulings on Protests: Within four (4) business days, the Executive Director shall render one of the following determinations:

(a) Protest is overruled. (b) Protest is substantiated. Executive Director shall issue instructions to remedy

issues relating to the protest. (c) Procurement activity is suspended until written notification by the Executive

Director. The determination shall be in writing and shall provide at a minimum a general response to each material issue raised in the protest. All documents submitted by the Protester and/or Authority Staff and reviewed by the Decision-Maker in the reaching of a determination shall form and be retained by the Authority as the formal record of the dispute resolution process. The issuance of the foregoing determination is the NFTA's final decision of the dispute. All interested parties shall be notified of any protests that are filed. The NFTA shall refrain from awarding a contract within five (5) business days of the date of a decision rendered by the Executive Director regarding a protest, unless the NFTA determines that:

(a) The items to be procured are urgently required. (b) Delivery or performance will be unduly delayed by failure to make a prompt

award. (c) Failure to make a prompt award will otherwise cause undue harm to the NFTA,

state government or the federal government. 4.5 Protester’s Appeal to Federal or State Agencies: In the event that the NFTA fails to have written protest procedures or fails to abide by the protest procedures set forth above, and federal or state funds are participating in the procurement, then the

20

protester may seek a review by the appropriate funding agency. Protesters shall file such a protest in accordance with the requirements set forth below, not later than five (5) business days after a final decision is rendered under the NFTA's protest procedure. In instances where the protester alleges that the NFTA failed to make a final determination on the protest, protesters shall file a protest with the appropriate agency not later than five (5) business days after the protester knew or should have known of the NFTA's failure to render a final determination on the protest. 5. PROPOSAL The Proponent shall submit 6 hard copies of their proposal and 1 electronic copy. 5.1 Format: The proposal must be in compliance with the format described herein. The proposal shall be prepared on 8-1/2" x 11" paper bound on the long side. All pages are to be sequentially numbered. Unnecessarily elaborate proposals are not desired. Proposals should be concise, particularly with respect to past experience on other projects and the resumes of key personnel. Related experience is essential. Be specific on past and current assignments. Define the firm's involvement and responsibilities in each project. Electronic Copy: The electronic copy of the proposal must be included with the hard copy of the proposal. The electronic copy may be submitted in the form of a CD or flash drive. An emailed copy of the electronic version will not be accepted. The Proponent's technical proposal shall be prepared using the following format to facilitate evaluation. If a Proponent fails to provide the information requested in one or more sections, the proposal may be considered non-responsive. 5.2 Content: The proposal shall contain the following items:

Cover Letter Project Implementation Project Organization Key Personnel Related Projects Background Experience/References Itemized Cost Proposal Proposal forms completed as appropriate with supplemental data

5.2.1 Cover Letter: The proposal shall be submitted with a cover letter summarizing key points in the proposal. Any introductory remarks may also be placed in the cover letter. Provide a contact name, address, phone number and email address. The cover letter should not exceed three pages in length. 5.2.2 Project Implementation: The Proponent shall describe its plans to provide the requested services. This section should include a narrative description of the proposed

21

methodology to accomplish the required tasks, as well as any innovations used on similar projects which may be applicable to the project. 5.2.3 Project Organization: This section of the proposal should be used to provide information on the Proponent’s organization and staffing of the project. It should briefly describe the Proponent’s personnel and pertinent qualifications. 5.2.4 Key Personnel: A list of key personnel for this project must be submitted with the proposal. 5.2.5 Related Projects: A list of other contracts entered into by your firm that are similar to this project should be provided. Each should include the degree of involvement by your firm. 5.2.6 Background Experience: This section should contain a brief history of your firm, names of principals, concise description of the types of work accomplished, indication of current staff size and location and other relevant background information. This section should also contain information demonstrating that your firm has a good working relationship with its clients, including a list of references (include contact information), copies of letters of commendation and a discussion of how problems arising during the course of project are addressed. Indicate if your firm has ever defaulted on a contract; describe the circumstances and outcome. 5.2.7 Project Cost Proposal: Submit an Itemized Cost Proposal. 5.2.8 Proposal Forms: All forms requiring Proponent responses must be completed and submitted with the proposal. 6. EXECUTORY CLAUSE The Contractor specifically agrees that this contract shall be deemed executory only to the extent of monies available and no liability shall be incurred by the NFTA beyond the monies available for this contract. 7. PERMITS AND COMPLIANCE WITH LAWS The NFTA, in the construction, installation and operation of transportation facilities, is not required to obtain licenses or permits from any municipal or political subdivision of the State of New York. The Contractor, therefore, will not be required to obtain licenses or permits from any county, city, town or village agency or department. The Contractor shall, however, secure and pay for all permits, fees and licenses necessary to comply with applicable federal or state laws. Except as provided above, the Contractor shall comply with all federal, state, county and municipal laws, codes and regulations in connection with the prosecution of the work.

22

The Contractor shall protect, indemnify and hold harmless the NFTA and all of their officers, agents and employees against any and all claims and liabilities arising from or based on the violation of any such requirement or law whether by the Contractor, its employees, agents or subcontractors. 8. DISADVANTAGED BUSINESS ENTERPRISE POLICY STATEMENT In accordance with the requirements of 49 CFR, Part 26, dated March 4, 1999 entitled, “Participation by Disadvantaged Business Enterprises in Department of Transportation Programs,” the Niagara Frontier Transportation Authority (NFTA), is committed to the development and implementation of an effective Disadvantaged Business Enterprise (DBE) Program. The NFTA has received Federal financial assistance from the Department of Transportation, and as a condition of receiving this assistance, the NFTA has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the NFTA to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also the policy of the NFTA: 1. To ensure nondiscrimination in the award and administration of DOT-assisted

contracts; 2. To create a level playing field on which DBEs can compete fairly for DOT assisted

contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable

law; 4. To ensure that only firms that fully meet 49 CFR, Part 26 eligibility standards are

permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in DOT-assisted contracts; and 6. To assist the development of firms that can compete successfully in the market

place outside the DBE program. The Director of Equal Opportunity/Diversity Development has been delegated as the DBE Liaison Officer. In that capacity, the Director of Equal Opportunity/Diversity Development is responsible for implementing all aspects of the DBE Program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the NFTA in its financial assistance agreements with the Department of Transportation. The NFTA has disseminated this policy statement to the Board of Commissioners and all the components of our organization. We have distributed this statement to DBE and non-DBE business communities that perform work for the NFTA on DOT-assisted contracts by inclusion in bid specifications, Requests for Qualifications and Requests for Proposals.

23

9. DISADVANTAGED BUSINESS ENTERPRISES The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the NFTA deems appropriate. The Contractor agrees to insert this clause in all subcontracts to this contract. 10. NEW YORK STATE SUBCONTRACTORS AND SUPPLIERS It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on its procurement contracts. Information on the availability of New York State subcontractors and suppliers is available from Empire State Development, Procurement Assistance Unit, Phone: (518) 292-5220, or email to [email protected]. A directory of certified minority and women-owned business enterprises is available from Empire State Development, Division of Minority and Women’s Business Development, 30 South Pearl St., Albany, NY 12245, Phone: (518) 292-5250, Fax: (518) 292-5803. Bidders located in foreign countries are hereby notified that New York State may seek to obtain and assign or otherwise transfer offset credits created by this procurement contract to third parties located in New York State. The successful contractor shall agree to cooperate with the State in efforts to get foreign countries to recognize offset credits created by the procurement contract. The Omnibus Procurement Act requires that by signing this bid proposal, contractors certify that whenever the total bid amount is greater than $1 million: 1. The successful contractor shall document efforts to encourage the participation of

New York State Business Enterprises as suppliers and subcontractors on this project, and has retained the documentation of these efforts to be provided upon request to the State.

2. Documented efforts by a successful contractor shall consist of and be limited to

showing that such contractor has:

a. Solicited bids, in a timely and adequate manner, from New York State business enterprises including certified minority and women-owned businesses, or

b. Contracted Empire State Development to obtain listings of New York State business enterprises, or

24

c. Placed notices for subcontractors and suppliers in newspapers, journals and other trade publications distributed in New York State, or

d. Participated in bidder outreach conferences. e. If the Contractor determines that New York State business enterprises are not

available to participate on the contract as subcontractors or suppliers, the Contractor shall provide a statement indicating the method by which such determination was made.

f. If the Contractor does not intend to use subcontractors on the contract, the Contractor shall provide a statement verifying such intent.

3. The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L.

92-261) as amended; 4. The Contractor agrees to make reasonable efforts to provide notification to New

York State residents of employment opportunities on this project through listing any such positions with the Community Services Division of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request.

11. NEW YORK STATE BUY AMERICA PROVISIONS All purchase contracts for supplies, material or equipment involving an estimated expenditure in excess of fifty thousand dollars shall require with respect to materials, supplies and equipment made of, fabricated from, or containing steel components, that such steel components be produced or made in whole or substantial part in the United States, its territories or possessions. The provisions of this paragraph shall not apply to motor vehicles and automobile equipment assembled in Canada in conformity with the United States - Canadian trade agreements known as the "Automotive Products Trade Act of 1965," or any amendments thereto. 12. FTA BUY AMERICA PROVISIONS The Contractor agrees to comply with 49 U.S.C. 5323 (j) and 49 CFR Part 661, which provide that Federal funds may not be obligated unless steel, iron and manufactured products used in FTA - funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 CFR 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, micro computer equipment, software and small purchases currently less than $100,000.00 made with capital, operating or planning funds. Separate requirements for rolling stock are set out at 5323 (j)(2)(C) and 49 CFR 661.11. Rolling stock not subject to a general waiver must be manufactured in the United States and have a 60 percent domestic content.

25

13. FEDERAL AND STATE LABOR LAW REQUIREMENTS Each laborer, workman or mechanic employed by the Contractor or subcontractor about or upon the work to be performed under this Agreement, shall be paid not less than once a week and not less than the prevailing minimum wages required by the U.S. Department of Labor for federally and federally-assisted construction. Prevailing wage rates for laborers, workmen and mechanics have also been determined by the New York State Department of Labor. See the Prevailing Wage Rates set forth herein. In the event of difference between federal and state wage rates, the Contractor will be required to pay laborers, workmen and mechanics not less than the highest applicable rate established by either the U.S. Department of Labor or the Department of Labor of the State of New York. The Contractor shall comply with all federal laws, rules and regulations in regard to its employment of laborers, workmen and mechanics, including but not limited to the Davis-Bacon Act, the Copeland Act, the Copeland Regulations of the Secretary of Labor (29 CFR, Part 3), the Contract Work Hours and Safety Standards Act and 29 CFR Parts 5 and 1926. The Authority is obligated to report all disputes concerning payment of prevailing wage rates or classifications promptly to the Department of Transportation for its referral to the Department of Labor. 14. SUSPENSION AND DEBARMENT This Article applies to contracts for amounts in excess of $25,000.00. The Consultant certifies by execution of this Agreement that neither the Consultant nor its principals or affiliates are excluded or disqualified as defined at 49 CFR Part 29. The Contractor also agrees to include these requirements in each subcontract exceeding $25,000.00. 15. DRUG AND ALCOHOL TESTING This clause is applicable to all contracts for safety-sensitive functions, which are defined as (1) operating a revenue service vehicle, including when not in revenue service; (2) operating a non-revenue service vehicle, when required to be operated by a holder of a commercial driver’s license; (3) controlling dispatch or movement of a revenue service vehicle; (4) maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service; (5) carrying a firearm for security purposes. The Contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the New York State Department of Transportation, or Metro to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 and review the testing process. The Contractor agrees further to certify annually its compliance with Part 655 before April 1 and to submit the Management Information System (MIS) reports before March 1 to the Project Manager. To certify compliance the Contractor shall use the “Substance Abuse Certifications” in the “Annual List of Certifications and Assurances for Federal Transit Administration

26

Grants and Cooperative Agreements,” which is published annually in the Federal Register. 16. FLY AMERICA The Contractor agrees to comply with 49 U.S.C. 40118 (the “Fly America” Act) in accordance with the General Services Administration’s regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 17. FEDERAL CHANGES The Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the NFTA and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. The Contractor’s failure to so comply shall constitute a material breach of this Agreement. 18. NO FEDERAL OBLIGATIONS TO THIRD PARTIES The NFTA and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the NFTA, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. Contractor agrees to include this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 19. LOBBYING Permissible contacts during the procurement process are governed by section 139-j of the State Finance Law. Submission of a proposal in response to this Request for Proposals constitutes the proposer’s written affirmation that the proposer understands and agrees to comply with section 139-j of the State Finance Law. 20. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS

27

This Agreement includes provisions relating to certain Standard Terms and Condition required by the Department of Transportation (DOT), whether or not expressly set forth. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any NFTA requests which would cause the NFTA to be in violation of the FTA terms and conditions. 21. PARTICIPATION BY MINORITY AND WOMEN BUSINESS ENTERPRISES This section is applicable to all contracts for a total expenditure in excess of $25,000 of funding from New York State. The NFTA MWBE goal for this procurement is 20%. The successful Proponent must document good faith efforts to provide meaningful participation by MWBEs as sub-consultants or suppliers in the performance of the Agreement and agrees that the NFTA may withhold payment pending receipt of the required MWBE documentation. The directory of New York State Certified MWBEs can be viewed at: http://www.esd.ny.gov/mwbe.html. For guidance on how the NFTA will determine the successful Proponent’s “good faith efforts” refer to 5 NYCRR section 142.8. In accordance with 5 NYCRR section 142.13, the successful Proponent acknowledges that if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Agreement, such finding constitutes a breach of the Agreement and the NFTA may withhold payment from the successful Proponent as liquidated damages. Such liquidated damages shall be calculated as an amount equaling the difference between: (1) all sums identified for payments to MWBEs had the successful Bidder achieved the contractual MWBE goals; and (2) all sums actually paid to MWBEs for work performed or materials supplied under the Agreement. By submitting a proposal the proponent agrees to submit the following documents and information:

A. Proponents are required to submit an MWBE Utilization Plan in the form set forth below, with the proposal. Any modifications to the MWBE Utilization Plan after award of the Agreement must be reported on a revised MWBE Utilization Plan and submitted to the NFTA.

B. The NFTA will review the MWBE Utilization Plan and advise the Proponent of acceptance or issue a notice of deficiency within 30 days of receipt.

C. If a notice of deficiency is issued, the Proponent agrees that it shall respond to the notice of deficiency within five business days of receipt by submitting to the NFTA{info} a written remedy in response to the notice of deficiency. If the written remedy is found by the NFTA to be inadequate, the NFTA shall notify the Proponent and direct the Proponent to submit, within three business days, a request for a partial or total waiver of MWBE participation goals in the form set forth below.

28

http://www.esd.ny.gov/mwbe.html

D. The NFTA shall disqualify a Proponent as non-responsive under the following circumstances: 1. If a Proponent fails to submit an MWBE Utilization Plan; 2. If a Proponent fails to submit a written remedy to a notice of deficiency; 3. If a Proponent fails to submit a request for waiver; or 4. If the NFTA determines that the Proponent has failed to document good faith

efforts. The successful Proponent shall attempt to utilize, in good faith, any MBE or WBE identified within its MWBE Utilization Plan during the performance of the Agreement. Requests for a partial or total waiver of established goal requirements may be made at any time during the term of the Agreement but no later than submission of a request for final payment. The successful Proponent is required to submit a Quarterly MWBE Contractor Compliance and Payment Report to the NFTA by the 10th day following the end of each month over the term of the Agreement documenting the progress made toward achievement of the MWBE goals of the Agreement.

29

M/WBE UTILIZATION PLAN INSTRUCTIONS: This form must be submitted with any bid, proposal, or proposed negotiated contract. This Utilization Plan must contain a detailed description of the supplies and/or services to be

provided by each certified Minority and Women-owned Business Enterprise (M/WBE) under the contract. Attach additional sheets if necessary. Offeror’s Name: Federal Identification No.: Address: Solicitation No.: City, State, Zip Code: Project No.: Telephone No.: M/WBE Goals in the Contract: MBE % WBE % Region/Location of Work:

1. Certified M/WBE Subcontractors/Suppliers Name, Address, Email Address, Telephone No.

2. Classification

3. Federal ID No.

4. Detailed Description of Work (Attach additional sheets, if necessary)

5. Dollar Value of Subcontracts/ Supplies/Services and intended performance dates of each component of the contract.

A.

NYS ESD CERTIFIED MBE WBE

B. NYS ESD CERTIFIED MBE WBE

6. IF UNABLE TO FULLY MEET THE MBE AND WBE GOALS SET FORTH IN THE CONTRACT, OFFEROR MUST SUBMIT A REQUEST FOR WAIVER FORM (M/WBE 104). PREPARED BY (Signature): DATE: NAME AND TITLE OF PREPARER (Print or Type): SUBMISSION OF THIS FORM CONSTITUTES THE OFFEROR’S ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH THE M/WBE REQUIREMENTS SET FORTH UNDER NYS EXECUTIVE LAW, ARTICLE 15-A, 5 NYCRR PART 143, AND THE ABOVE-REFERENCED SOLICITATION. FAILURE TO SUBMIT COMPLETE AND ACCURATE INFORMATION MAY RESULT IN A FINDING OF NONCOMPLIANCE AND POSSIBLE TERMINATION OF YOUR CONTRACT.

TELEPHONE NO.:

EMAIL ADDRESS:

FOR M/WBE USE ONLY REVIEWED BY:

DATE:

UTILIZATION PLAN APPROVED: YES NO Date: Contract No.: Project No. (if applicable): Contract Award Date: Estimated Date of Completion: Amount Obligated Under the Contract: Description of Work: NOTICE OF DEFICIENCY ISSUED: YES NO Date:______________ NOTICE OF ACCEPTANCE ISSUED: YES NO Date:_____________ M/WBE 103 (Revised 11/08)

30

REQUEST FOR WAIVER FORM

INSTRUCTIONS: SEE PAGE 2 OF THIS ATTACHMENT FOR REQUIREMENTS AND DOCUMENT SUBMISSION INSTRUCTIONS. Offeror/Contractor Name:

Federal Identification No.:

Address:

Solicitation/Contract No.:

City, State, Zip Code:

M/WBE Goals: MBE % WBE %

By submitting this form and the required information, the offeror/contractor certifies that every Good Faith Effort has been taken to promote M/WBE participation pursuant to the M/WBE requirements set forth under the contract.

Contractor is requesting a: 1. MBE Waiver – A waiver of the MBE Goal for this procurement is requested. Total Partial 2. WBE Waiver – A waiver of the WBE Goal for this procurement is requested. Total Partial 3. Waiver Pending ESD Certification – (Check here if subcontractors or suppliers of Contractor are not certified M/WBE, but an application for certification has been filed with Empire State Development.) Date of such filing with Empire State Development:_____________________ PREPARED BY (Signature): SUBMISSION OF THIS FORM CONSTITUTES THE OFFEROR/CONTRACTOR’S ACKNOWLEDGEMENT AND AGREEMENT TO COMPLY WITH THE M/WBE REQUIREMENTS SET FORTH UNDER NYS EXECUTIVE LAW, ARTICLE 15-A AND 5 NYCRR PART 143. FAILURE TO SUBMIT COMPLETE AND ACCURATE INFORMATION MAY RESULT IN A FINDING OF NONCOMPLIANCE AND/OR TERMINATION OF THE CONTRACT.

Date:

Name and Title of Preparer (Printed or Typed): Telephone Number: Email Address:

Submit with the bid or proposal or if submitting after award submit to: Niagara Frontier Transportation Authority Linda Seay, Director EEO/Diversity Development Department 181 Ellicott Street Buffalo, NY 14203

******************** FOR M/WBE USE ONLY ******************** REVIEWED BY:

DATE:

Waiver Granted: YES MBE: WBE:

Total Waiver Partial Waiver ESD Certification Waiver *Conditional Notice of Deficiency Issued ___________________

*Comments: M/WBE 104 (Revised 11/08)

31

Design and Construction Office of EEO/Diversity Development 181 Ellicott Street, Buffalo NY 14203

Phone: (716) 855-7486 FAX: (716) 855-6476

CONTRACTOR'S MONTHLY MWBE PAYMENT REPORT (DUE ON THE 10TH DAY OF EACH MONTH FOR THE Contract No.: PRECEDING MONTH'S ACTIVITY AS EVIDENCE TOWARDS ACHIEVEMENT OF THE MWBE GOALS ON THE CONTRACT) Contractor/Vendor Name, Address and Phone No.:

Contractor/Vendor Federal ID No.: MWBE Goals Reporting Period MBE % WBE % Month Year

Description of Project:

MBE/WBE Subconsultant/Subcontractor/Supplier

Name, Address and Phone Number:

Description of Work or

Supplies Provided

Product Code *

Designation

Payment This Month

Total Payments to

Date

Total Contract Amount

Federal ID No.:

0 MBE 0 WBE 0 Sub 0 Supplier 0 Broker 0 Other

0 No Payment This Month

Federal ID No.:



Federal ID No.:



Federal ID No.:



Signature of Firm's Affirmative Action Officer Print Name Date

Submission of this form constitutes the contractor's acknowledgement as to the accuracy of the information contained herein. Failure to submit complete and

accurate information may result in a finding of noncompliance, non-responsibility, suspension and/or termination of the contract.

For NFTA Use Only:

Reviewed By: Date:

32

Design and Construction Office of EEO/Diversity Development 181 Ellicott Street, Buffalo NY 14203

Phone: (716) 855-7486 FAX: (716) 855-6476

MBE/WBE SUBCONSULTANT/SUBCONTRACTOR/SUPPLIER MONTHLY Project No.: AFFIRMATION OF INCOME PAYMENTS

Each MBE and WBE Subconsultant/Subcontractor or Supplier must sign and submit this form to NFTA's Office of EEO/Diversity Development by the 10th of each month.

Consultant or Contractor Reporting Period Name and Address of Consultant/Contractor or Supplier: Federal ID No.:

Month Year Description of Work:

Subconsultant Name and Address of MBE/WBE Firm: Federal ID No.:

Classification:

D MBE D WBE

Date firm commenced work Month Year

Summary of Payments: • Total MBE/WBE Contract Amount

• MBE/WBE Payments Received For This R

• Total MBE/WBE Payments Received As Of

D No Income Activity This Month

_$

eporting Period _$

This Reporting Period _$

Print Name Date Signature of MBE/WBE Company Official This form is required pursuant to contract specificatio ns. Failure to submit will result in noncompliance with contract specifications.

For NFTA Use Only:

Reviewed By: Date:

33

PRODUCT KEY CODE A = Agriculture/ Landscaping (e.g., all forms of landscaping services) B = Mining (e.g., geological investigations) C = Construction C15 = Building Construction – General Contractors C16 = Heavy Construction (e.g., highway, pipe laying) C17 = Special Trade Contractors (e.g., plumbing, heating, electrical, carpentry) D = Manufacturing E = Transportation, Communication and Sanitary Services (e.g., delivery services, warehousing,

broadcasting and cable systems) F/G = Wholesale/Retail Goods (e.g. hospital supplies and equipment, food stores, computer stores, office

supplies G52 = Construction Materials (e.g., lumber, paint, law supplies) H = Financial, Insurance and Real Estate Services I = Services I73 = Business Services (e.g., copying, advertising, secretarial, janitorial, rental services of equipment,

computer programming, security services) I81 = Legal Services I82 = Education Services (e.g., AIDS education, automobile safety, tutoring, public speaking) I83 = Social Services (Counselors, vocational training, child care) I87 = Engineering, architectural, accounting, research, management and related services

34

REQUIREMENTS AND DOCUMENT SUBMISSION INSTRUCTIONS

When completing the Request for Waiver Form please check all boxes that apply. To be considered, the Request for Waiver Form must be accompanied by documentation for items 1 – 11, as listed below. If box # 3 has been checked above, please see item 11. Copies of the following information and all relevant supporting documentation must be submitted along with the request:

1. A statement setting forth your basis for requesting a partial or total waiver.

2. The names of general circulation, trade association, and MWBE-oriented publications in which you solicited certified MWBEs for the purposes of complying with your participation goals.

3. A list identifying the date(s) that all solicitations for certified MWBE participation were

published in any of the above publications.

4. A list of all certified MWBEs appearing in the NYS Directory of Certified Firms that were solicited for purposes of complying with your certified MWBE participation levels.

5. Copies of notices, dates of contact, letters, and other correspondence as proof that

solicitations were made in writing and copies of such solicitations, or a sample copy of the solicitation if an identical solicitation was made to all certified MWBEs.

6. Provide copies of responses made by certified M/WBEs to your solicitations.

7. Provide a description of any contract documents, plans, or specifications made available

to certified MWBEs for purposes of soliciting their bids and the date and manner in which these documents were made available.

8. Provide documentation of any negotiations between you, the Offeror/Contractor, and the

M/WBEs undertaken for purposes of complying with the certified MWBE participation goals.

9. Provide any other information you deem relevant which may help us in evaluating your

request for a waiver.

10. Provide the name, title, address, telephone number, and email address of offeror/contractor’s representative authorized to discuss and negotiate this waiver request.

11. Copy of notice of application receipt issued by Niagara Frontier Transportation Authority

(NFTA).

Note: Unless a Total Waiver has been granted, the Offeror/Contractor will be required to submit all reports and documents pursuant to the provisions set forth in the Contract, as deemed appropriate by the NFTA, to determine MWBE compliance.

M/WBE 104 Instructions (11/08)

35

22. IRANIAN ENERGY SECTOR DIVESTMENT By signing this Agreement, each person and each person signing on behalf of any other party certifies, and in the case of a joint proposal or partnership each party thereto certifies as to its own organization, under penalty of perjury, that 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.

36

New York State Finance Law Sections 139-j and 139-k (“Lobbying Law”) – Disclosure Statement General Information All procurements by the Niagara Frontier Transportation Authority or Niagara Frontier Transit Metro System, Inc. (collectively, “NFTA/Metro”) in excess of $15,000 annually, are subject to New York State’s State Finance Law Sections 139-j and 139-k, (“Lobbying Law”). Pursuant to the Lobbying Law, all “contacts” (defined as oral, written or electronic communications with NFTA/Metro intended to influence NFTA/Metro’s conduct or decision regarding a procurement) during a procurement must be made with one or more designated Point(s) of Contact only. Exceptions to this rule include written questions during the bid/proposal process, communications with regard to protests, contract negotiations and RFP conference participation. Nothing in the lobbying Law inhibits any rights to make an appeal, protest or complaint under existing administrative or judicial procedures. Violations of the policy regarding permissible contacts must be reported to the NFTA/Metro Ethics Officer and investigated accordingly. The first violation may result in a determination of non-responsibility and ineligibility for award to the violator and its subsidiaries, affiliates and related entities. The penalty for a second violation within four (4) years is ineligibility for bidding/proposing on a procurement and/or ineligibility from being awarded any contract for a period of four (4) years. The NFTA/Metro will notify the New York State Office of General Services (“OGS”) of any determinations of non-responsibility or debarments due to violations of the Lobbying Law. Violations found to be “knowing and willful” must be reported to the NFTA/Metro Executive Director and OGS. Moreover, the statutes require the NFTA/Metro to obtain certain affirmations and certifications from bidders and proposers. This Disclosure Statement contains the forms with which to comply, together with additional information and instructions. ____________________________________________________________________________ Instructions New York State Finance Law δ139-k(2) obligates the NFTA/Metro to obtain specific information regarding prior non-responsibility determinations. In accordance with New York State Finance Law δ139-k, an offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any governmental entity due to: (a) a violation of New York State Finance Law δ139-j or (b) the intentional provision of false or incomplete information to a governmental entity. As part of its responsibility determination, New York State Finance Law δ139-k (3) mandates consideration of whether an offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no procurement contract shall be awarded to any offerer that fails to timely disclose accurate or complete information under this section, unless the factual elements of the limited waiver provision can be satisfied on the written record.

37

Disclosure of Prior Non-responsibility Determinations

Name of Proponent: Proposer: ____________________________________________________________ Address: ____________________________________________________________ ____________________________________________________________ Name/Title of Person Submitting Form: ____________________________________________________________ Has any governmental entity1 made a finding of non-responsibility regarding the

Bidder/Proposer in the previous four years? ___Yes ___No If yes: Was the basis for the finding of the Bidders/Proposer’s non-responsibility due to a violation of State Finance Law δ139-j? ___Yes ___No Was the basis for the finding of Bidder’s Proposer’s non-responsibility due to the intentional provision of false or incomplete information to a governmental entity? ___Yes ___No If yes, please provide details regarding the finding or non-responsibility below: Governmental Entity: _______________________________________________ Year of Finding of Non-responsibility:__________________________________ Basis of Finding of Non-responsibility: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (Add additional pages as necessary) Has any governmental entity terminated a procurement contract with the Bidder/Proposer due to the intentional provision of false or incomplete information? ___Yes ___No

1 A “governmental entity” is (1) any department, board, bureau, commission, division, office, council, committee or officer of New York State, whether permanent or temporary; (2) each house of the New York State Legislature; (3) the unified court system (4) any public authority, public benefit corporation or commission created by or existing pursuant to the public authorities law; (5) any public authority or public benefit corporation, at least one of whose members is appointed by the governor or who serves as member by virtue of holding a civil office of the state; (6) a municipal agency, as that term is defined in paragraph (ii) of subdivision(s) of section one-c of the Legislative Law; or (7) a subsidiary or affiliate of such a public authority. (SFL δ139-j, paragraph 1.a.)

38

Bidder’s/Proposer’s Affirmation and Certification By signing below, the Bidder/Proposer: a) Affirms that the Bidder/Proposer understands and agrees to comply with the policy regarding permissible contacts in accordance with New York State Finance Law Sections 139-j and 139-k. b) Certifies that all information provided to the NFTA/Metro with respect to New York State Finance Law δ139-j and δ139-k is complete, true and accurate. By: __________________________________________Date:__________ (Signature of Person Certifying) Print Name and Title:_________________________________________Title:__________ Bidder/Proposer or Contractor/Consultant (Full Legal Name):__________ ____________________________________________________________ Address of Bidder/Proposer or Contractor/Consultant:________________ ____________________________________________________________ ___________________________________________________________ Business Telephone Number:____________________________________

NFTA/Metro’s Right To Terminate The NFTA/Metro reserves the right to terminate a Contract in the event it is

found that the certification filed by the Bidder/Proposer, in accordance with New York State Finance Law δ139-k, was intentionally false or intentionally incomplete. Upon such finding, the NFTA/Metro may exercise its termination right by providing written notification to the Bidder/Proposer in accordance with the written notification terms of the Contract.

39

NON-COLLUSIVE PROPOSAL CERTIFICATION By submission of this proposal, each Proponent and each person signing on behalf of any Proponent certifies, and in the case of a joint proposal each party thereto certifies as to his or her own organization, under penalty of perjury, that to the best of his or her 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 Proponent 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 Proponent and will not knowingly be disclosed by the Proponent prior to opening, directly or indirectly, to any other Proponent or to any competitor, and

c) No attempt has been made or will be made by the Proponent to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

SUBMITTAL OF PROPOSAL

The undersigned submits the following proposal, which is in complete conformity with the intent of the proposal documents. The Proponent agrees that should it be awarded a contract on the proposal through the issuance of a contract or purchase order from the Niagara Frontier Transportation Authority, it will provide the materials, supplies, equipment or services in strict compliance with the contract documents for the compensation stipulated herein. The Proponent agrees that its proposal shall remain effective for a period of 90 days from the formal proposal receipt date.

___________________________________ Proponent ____________________________________ Name ____________________________________ Signature ____________________________________ Title ____________________________________ Date

40

CERTIFICATION REGARDING LOBBYING

THIS CERTIFICATE MUST BE COMPLETED BY THE SUCCESSFUL PROPONENT IF THE AMOUNT OF THIS AGREEMENT EXCEEDS $100,000.00 The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure. Signature _____________________________________________ Name and Title _____________________________________________

41

DISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (SEE REVERSE FOR PUBLIC BURDEN DISCLOSURE)

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year: _____ quarter _____ e. loan guarantee date of last f. loan insurance report ______ 4. Name and address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, � Prime � Subawardee Enter Name and Address of Prime:

Tier _____, if known

Congressional District, if known: Congressional District, if known

6 Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: _______________

8. Federal Action Number, if known: 9. Award Amount, if known: $

10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (if individual, last name, first name, MI:) (including address if different from No. 10a)

(last name, first name, MI): (attach Continuation Sheet(s) SF-LLL-A, if necessary)

11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): $ ___________ � actual � planned � a. retainer

� b. one-time fee

12. Form of Payment (Check all that apply): � c. commission a. cash � d. contingent fee b. in-kind; specify: nature _____________ � e. deferred value _____________ � f. other; specify: __________________

14. Brief Description of Services Performed or to be Performed and Date(s) of Service, Including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11:

(attach Continuation Sheet(s) SF-LLL-A, if necessary)

15. Continuation Sheet(s) SF-LLL-A attached: � Yes � NO

16. Information requested through this form is authorized by title 31 U.S.C. section Signature: _____________________________ 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made Print Name: ____________________________ or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available Title: _________________________________ for public inspection. Any person who fails to file the required disclosures shall be subject to a civil penalty of not less than $10,000 for each such failure. Telephone No.: ________________________

Federal Use Only: Authorized for Local Reproduction Standard Form-LLL

42

DIRECTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filling, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Use the SF-LLL-A Continuation Sheet for additional information if the space on the form is inadequate. Please complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been

secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by

a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last information previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in item 4 checks “Subawardee”, then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least on organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different form 10 (a). Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment mad or planned to be made.

43

12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has

performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone

number.

DISCLOSURE OF LOBBYING ACTIVITIES

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the date needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

Reporting Entity: _____________________________________________ Page ____ of ____

44

BUY AMERICA CERTIFICATE

STEEL, IRON OR MANUFACTURED PRODUCTS

To be completed if the total bid amount exceeds $100,000

CERTIFICATE OF COMPLIANCE WITH 49 U.S.C. 5323(j)(1) The proponent hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(l) and the applicable regulations in 49 CFR part 661. DATE: _______________________________________________________ SIGNATURE: __________________________________________________ TITLE: ________________________________________________________ COMPANY NAME: ______________________________________________

CERTIFICATE OF NON-COMPLIANCE WITH 49 U.S.C. 5323(j)(l)

The proponent hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(l), but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2)(B) or (j)(2)(D)and the regulations in 49 CFR 661.7. DATE: _______________________________________________________ SIGNATURE: __________________________________________________ TITLE: ________________________________________________________ COMPANY NAME: ______________________________________________

45

COMPANY AND CONTACT INFORMATION FORM

Fill in Company and Point of Contact Information and include with the proposal.

Firm Name:

Federal ID No.:

Contact Person:

Mailing Address:

Authorized Signature:

Title:

Date:

Telephone/Fax No.:

Email address:

46

ACKNOWLEDGMENT OF ADDENDA The following form shall be completed and included in the proposal/bid. Failure to acknowledge receipt of all addenda may cause the proposal/bid to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Offer. ACKNOWLEDGMENT OF ADDENDA The undersigned acknowledges receipt of the following addenda to the documents: Addendum No. ___________________, Dated____________________ Addendum No. ___________________, Dated____________________ Addendum No. ___________________, Dated____________________ Addendum No. ___________________, Dated____________________ Addendum No. ___________________, Dated____________________ Addendum No. ___________________, Dated____________________ Addendum No. ___________________, Dated____________________ Addendum No. ___________________, Dated____________________ ________________________________ Proponent/Bidder ________________________________ Street Address ________________________________ City, State, Zip ________________________________ Authorized Signature ________________________________ Printed Name ________________________________ Title ________________________________ Phone ________________________________ Fax ________________________________ Email

47

Need help?

Telephone assistance

Sales Tax Information Center: (518) 485-2889

To order forms and publications: (518) 457-5431

Text Telephone (TTY) Hotline (for persons with hearing and speech disabilities using a TTY): (518) 485-5082

accessible to persons with disabilities. If you have questions about special accommodations for persons with disabilities, call the information center.

Persons with disabilities: In compliance with the Americans with Disabilities Act, we will ensure that our lobbies, offices, meeting rooms, and other facilities are

Visit our Web site at www.tax.ny.gov• get information and manage your taxes online• check for new online services and features

New York State Department of Taxation and Finance

Contractor Certification (Pursuant to Section 5-a of the Tax Law, as amended, effective April 26, 2006)

ST-220-TD(12/11)

Contractor name

Contractor’s principal place of business City State ZIP code

Contractor’s mailing address (if different than above)

Contractor’s federal employer identification number (EIN) Contractor’s sales tax ID number (if different from contractor’s EIN) Contractor’s telephone number

( )

Covered agency or state agency Contract number or description Estimated contract value over the full term of contract (but not including renewals) $ Covered agency address Covered agency telephone number

For information, consult Publication 223, Questions and Answers Concerning Tax Law Section 5-a (see Need help? below).

General information

Section 5-a of the Tax Law, as amended, effective April 26, 2006, requires certain contractors awarded certain state contracts valued at more than $100,000 to certify to the Tax Department that they are registered to collect New York State and local sales and compensating use taxes, if they made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000, measured over a specified period. In addition, contractors must certify to the Tax Department that each affiliate and subcontractor exceeding such sales threshold during a specified period is registered to collect New York State and local sales and compensating use taxes. Contractors must also file a Form ST-220-CA, certifying to the procuring state entity that they filed Form ST-220-TD with the Tax Department and that the information contained on Form ST-220-TD is correct and complete as of the date they file Form ST-220-CA.

All sections must be completed including all fields on the top of this page, all sections on page 2, Schedule A on page 3, if applicable, and Individual, Corporation, Partnership, or LLC Acknowledgement on page 4. If you do not complete these areas, the form will be returned to you for completion.

For more detailed information regarding this form and section 5-a of the Tax Law, see Publication 223, Questions and Answers Concerning Tax Law Section 5-a, (as amended, effective April 26, 2006). See Need help? for more information on how to obtain this publication.

Note: Form ST-220-TD must be signed by a person authorized to make the certification on behalf of the contractor, and the acknowledgement on page 4 of this form must be completed before a notary public.

Mail completed form to: NYS TAX DEPARTMENT DATA ENTRY SECTION W A HARRIMAN CAMPUS ALBANY NY 12227

Privacy notification

The Commissioner of Taxation and Finance may collect and maintain personal information pursuant to the New York State Tax Law, including but not limited to, sections 5-a, 171, 171-a, 287, 308, 429, 475, 505, 697, 1096, 1142, and 1415 of that Law; and may require disclosure of social security numbers pursuant to 42 USC 405(c)(2)(C)(i).

This information will be used to determine and administer tax liabilities and, when authorized by law, for certain tax offset and exchange of tax information programs as well as for any other lawful purpose.

Information concerning quarterly wages paid to employees is provided to certain state agencies for purposes of fraud prevention, support enforcement, evaluation of the effectiveness of certain employment and training programs and other purposes authorized by law.

Failure to provide the required information may subject you to civil or criminal penalties, or both, under the Tax Law.

This information is maintained by the Manager of Document Management, NYS Tax Department, W A Harriman Campus, Albany NY 12227; telephone (518) 457-5181.

of 4 ST-220-TD (12/11)

Section 2 — Affiliate registration status

G The contractor does not have any affiliates.

G To the best of the contractor’s knowledge, the contractor has one or more affiliates having made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made, and each affiliate exceeding the $300,000 cumulative sales threshold during such quarters is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law. The contractor has listed each affiliate exceeding the $300,000 cumulative sales threshold during such quarters on Schedule A of this certification.

G To the best of the contractor’s knowledge, the contractor has one or more affiliates, and each affiliate has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

Section 3 — Subcontractor registration status

G The contractor does not have any subcontractors.

G To the best of the contractor’s knowledge, the contractor has one or more subcontractors having made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made, and each subcontractor exceeding the $300,000 cumulative sales threshold during such quarters is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law. The contractor has listed each subcontractor exceeding the $300,000 cumulative sales threshold during such quarters on Schedule A of this certification.

G To the best of the contractor’s knowledge, the contractor has one or more subcontractors, and each subcontractor has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

Sworn to this day of , 20

(sign before a notary public) (title)

Section 1 — Contractor registration status

G The contractor has made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made. The contractor is registered to collect New York State and local sales and compensating use taxes with the Commissioner of Taxation and Finance pursuant to sections 1134 and 1253 of the Tax Law, and is listed on Schedule A of this certification.

G The contractor has not made sales delivered by any means to locations within New York State of tangible personal property or taxable services having a cumulative value in excess of $300,000 during the four sales tax quarters which immediately precede the sales tax quarter in which this certification is made.

I, , hereby affirm, under penalty of perjury, that I am (name) (title)

of the above-named contractor, and that I am authorized to make this certification on behalf of such contractor.

Complete Sections 1, 2, and 3 below. Make only one entry in each section.

ST-220-TD (12/11) Page 3 of 4

ARelationship to

Contractor

BName

CAddress

DFederal ID Number

ESales Tax ID Number

FRegistration

in progress

Column A – Enter C in column A if the contractor; A if an affiliate of the contractor; or S if a subcontractor.

Column B – Name - If the entity is a corporation or limited liability company, enter the exact legal name as registered with the NY Department of State, if applicable. If the entity is a partnership or sole proprietor, enter the name of the partnership and each partner’s given name, or the given name(s) of the owner(s), as applicable. If the entity has a different DBA (doing business as) name, enter that name as well.

Column C – Address - Enter the street address of the entity’s principal place of business. Do not enter a PO box.

Column D – ID number - Enter the federal employer identification number (EIN) assigned to the entity. If the entity is an individual, enter the social security number of that person.

Column E – Sales tax ID number - Enter only if different from federal EIN in column D.

Column F – If applicable, enter an X if the entity has submitted Form DTF-17 to the Tax Department but has not received its certificate of authority as of the date of this certification.

Schedule A — Listing of each entity (contractor, affiliate, or subcontractor) exceeding $300,000 cumulative sales thresholdList the contractor, or affiliate, or subcontractor in Schedule A only if such entity exceeded the $300,000 cumulative sales threshold during the specified sales tax quarters. See directions below. For more information, see Publication 223.

of 4 ST-220-TD (12/11)

Individual, Corporation, Partnership, or LLC Acknowledgment

STATE OF } : SS.:COUNTY OF }

On the day of in the year 20 , before me personally appeared ,

known to me to be the person who executed the foregoing instrument, who, being duly sworn by me did depose and say that

he resides at ,

Town of ,

County of ,

State of ; and further that:

[Mark an X in the appropriate box and complete the accompanying statement.]

G (If an individual): _he executed the foregoing instrument in his/her name and on his/her own behalf.

G (If a corporation): _he is the

of , the corporation described in said instrument; that, by authority of the Board of Directors of said corporation, _he is authorized to execute the foregoing instrument on behalf of the corporation for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said corporation as the act and deed of said corporation.

G (If a partnership): _he is a

of , the partnership described in said instrument; that, by the terms of said partnership, _he is authorized to execute the foregoing instrument on behalf of the partnership for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said partnership as the act and deed of said partnership.

G (If a limited liability company): _he is a duly authorized member of LLC, the limited liability company described in said instrument; that _he is authorized to execute the foregoing instrument

on behalf of the limited liability company for purposes set forth therein; and that, pursuant to that authority, _he executed the foregoing instrument in the name of and on behalf of said limited liability company as the act and deed of said limited liability company.

Notary Public

Registration No.

NIAGARA FRONTIER TRANSPORTATION …bids.nfta.com/docs/RFP 4416 TUNNEL WASHER TRUCK.pdfNIAGARA...

Documents

Transcript of NIAGARA FRONTIER TRANSPORTATION …bids.nfta.com/docs/RFP 4416 TUNNEL WASHER TRUCK.pdfNIAGARA...