MTA Bridges and Tunnels (Triborough Bridge and Tunnel Authority) is an agency of the Metropolitan Transportation Authority, State of New York

2 Broadw ay New York, NY 10004 646 252-7000 Tel

Daniel F. DeCrescenzo, Jr. President

Bridges and Tunnels May 3, 2021 ADDENDUM NO. 1 RE: Solicitation No. 20-MNT-2981 — Preventive Maintenance and Repair of Traffic

and Signal Control Systems, Programmable Logic Control Systems & Central Ventilation Control Systems

To All Prospective Bidders: You are hereby notified of the following changes to the above referenced solicitation:

• Discard the Bidder’s Proposal received with the bid package and replace with the attached Bidder’s Proposal Rev 1.

Please be governed accordingly in submitting your bids for this contract. Please ensure that receipt of this Addendum is acknowledged on page BP-13 of this solicitation. Sincerely, Carol Berlingieri Carol Berlingieri Field Contract Manager cc: Project Managers

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-1

TO

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

FOR

CONTRACT 20-MNT-2981

NOTICE: Bid must be made on this form. In order to be a responsive bid, all of the Bidder’s Proposal must be submitted. ADDENDA WHICH CHANGE ANY PART OF THE BIDDER’S PROPOSAL MUST BE ATTACHED HERETO, OR THE CHANGES OTHERWISE CLEARLY INCORPORATED HEREIN. RECEIPT OF ALL ADDENDA MUST BE ACKNOWLEDGED HEREIN. The Authority, in its sole and absolute discretion, may treat a failure to annex or acknowledge receipt of Addenda or to attach any part of the Bidder’s Proposal as a minor informality where the Addenda or portion of the Bidder’s Proposal, as the case may be, is determined by the Authority not to be material in nature. The Authority reserves the right, in its sole and absolute discretion, to waive minor informalities in any Proposal, or to reject any or all Proposals.

To the TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY:

(1) The undersigned*_______________________________________________________________________

_______________________________________________________________________ (Insert Full Legal Name)

a _______________________________________________________ (form of legal entity - insert corporation, partnership, joint venture, sole proprietorship, etc.), organized in _____________________________________________ (state or country under whose laws Contractor is organized), federal taxpayer identification number ________________________________________________________________, located at _________________________________________________________________ (insert mailing address and telephone number),____________________________ (insert street address only if different than mailing address), in pursuance of the Information for Bidders, proposes according to the terms thereof to enter into a contract with the Triborough Bridge and Tunnel Authority (hereinafter called the “Authority”), for

Preventive Maintenance and Repair of Traffic and Signal Control Systems, Programmable Logic Control Systems & Central Ventilation Control Systems

*The bidder’s name must be inserted here. If the bid be submitted by a corporation, anaffidavit must be submitted with the Proposal showing the names and addresses of thedirectors and principal officers. The full legal title must be given here and a certified copy

Revision 1

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-2

of the certificate of incorporation must be submitted together with the names and addresses of the directors and principal officers. If the bidder is a foreign corporation, it must agree to accept service of process as provided by this Proposal; proof must also be submitted of its authority to transact business in the State of New York. In case the bidder has already filed such papers with the Authority or its predecessor in connection with another bid he may so state and may omit such papers in this instance. If the bid be submitted by a partnership, the above blank must be filled in the following form: “the firm of A. B. & Co., composed of A., B., C., D., etc.” (giving the names of all the partners). Known as Contract 20-MNT-2981 and to perform all the work mentioned in the Contract Documents at the prices given in the following PRICE SCHEDULE or as otherwise provided in the contract. ( 2) Describe the resources, including but not limited to, staffing, facilities, equipment,

and tools that you will commit to the performance of the contract. ( 3) The undersigned understands that the quantities of various items specified in the

following PRICE SCHEDULE are approximate total quantities for the work as estimated by the Authority. It is further understood that the quantities as specified in the Proposal are given only as a basis for the bid evaluation and are not in any way guaranteed or represented as correct or intended to be relied upon and they shall not be taken as final and shall form no basis for any claim in case they do not correspond with the final measurements or quantities. It is further understood, that the Authority reserves the right to increase or to diminish or to omit entirely any of the quantities or items as herein stated.

( 4) Price Schedule

(a) The PRICE SCHEDULE must be completely filled out by the bidder. (b) Bid prices are to be filled out in both words and figures. In case of any

discrepancy between the two, the price in words will generally be taken as the bid price.

(c) The Gross Sum Bid or Aggregate Total Bid is the total of the individual

items set forth in the Price Schedule extended by the estimated quantities, where applicable. The Gross Sum Bid is informational, i.e., in case of a conflict, a bidder will be bound by the individual item prices set forth in the Price Schedule.

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-3

( 5) Pursuant to Public Authorities Law §2879 (5) (d) The Triborough Bridge and

Tunnel Authority may not enter into a contract with a “foreign business enterprise”, as defined in New York State’s Public Authorities Law §2879 (5), which has its principal place of business located in a “discriminatory jurisdiction”, as defined in New York State’s Public Authorities Law §2879 (5), contained on the list prepared by the Commissioner of Economic Development. The following states are included on the list of discriminatory jurisdictions: Alaska, Hawaii, Louisiana, South Carolina, West Virginia and Wyoming.

The following questions pertaining to New York State’s Public Authorities Law §2879 (5) (d) will be answered by the bidder. In the event that additional information is required, the Authority reserves the right to inquire further with respect to the responses provided to questions (a) and (b) below.

Instructions to Bidder: If the proposal is for construction services, the bidder will answer only question (b). If the proposal is not for construction services, the bidder will answer both questions (a) and (b).

“Construction services” shall mean the acquisition, erection, building, alteration, repair, improvement, increase, enlargement, extension, installation, reconstruction, renovation or rehabilitation of a project; and the engineering, consulting, architectural, legal, fiscal and economic and environmental investigations and studies, surveys, designs, plans, working drawings, specifications, procedures and other actions incidental thereto and claims arising therefrom. (Contract Manager - check applicable space) This proposal is ______ / is not x for “construction services”, as defined above.

(a) Is the commodity substantially produced, or is the service substantially performed in New York? (A commodity is substantially produced and a service is substantially performed in New York State if 51% or more of the value of the commodity or service is produced, assembled or performed in New York State.)

YES [ ] NO [ ] Not Certain [ ]

(b) Where is the bidder’s “principal place of business” located?

_______________________________________________________________

_______________________________________________________________

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-4

(Principal place of business is generally considered to be the enterprise’s main office, where the regular meeting of its board of directors occur, and where the company’s business is managed, conducted and directed, regardless of where the administrative departments or the physical property of the business is located.)

(6) Certification of Compliance with the Metropolitan Transportation Authority Vendor Code of Ethics

Consistent with the terms of the MTA Vendor Code of Ethics (the “Code”), which are incorporated herein by reference, the Bidder, by signing the Bidder’s Proposal, certifies that during the course of this Solicitation and any resultant Contract:

a. the Bidder has notice of all of the terms of the Code; b. no Gift, as defined by the Code, has been or will be offered to the Authority in

connection with this Solicitation or any resultant contract; c. no conflicts of interest exist or will exist; d. all officers and personnel of the Bidder who have interacted or will interact with

the Authority have been or will be provided a copy of the Code; and e. the Bidder will obtain certifications similar to those made herein from all of its

lower tier subcontractors, subconsultants and suppliers that the Bidder engaged or are being solicited for work under any contract resulting from this procurement. Receipt and retention of these lower tier certifications shall be subject to audit by the Authority.

(7) Statement of non-collusion as required by Section 2878 of the Public Authorities

Law:

(A) By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

i. The prices in this bid have been arrived at independently without

collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

ii. Unless otherwise required by law, the prices which have been

quoted in this bid have not been knowingly disclosed by the bidder

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-5

and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

iii. No attempt has been made or will be made by the bidder to induce

any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

(B) A bid shall not be considered for award nor shall any award be made where

(A) (i), (ii), and (iii) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where (A) (i), (ii), and (iii) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the Chief Procurement Officer of the Authority, or designee, determines that such disclosure was not made for the purpose of restricting competition.

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

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-6

IMPORTANT NOTICE TO BIDDERS/PROPOSERS, INCLUDING QUESTION AND INCORPORATED CONTRACT

PROVISIONS, NEW YORK OMNIBUS PROCUREMENT ACT (CHAPTER 844 of 1992)

ENCOURAGING THE USE OF NEW YORK STATE BUSINESS ENTERPRISES IN CONTRACT PERFORMANCE

1. Definition: For purposes of this notice, a “New York State Business Enterprise” means a business enterprise consisting of a person acting as a sole proprietorship, or a legal entity such as but not limited to a corporation, limited liability company, or partnership, which offers for sale or lease or other form of exchange, goods which are sought by a New York State public authority or public benefit corporation, which are substantially manufactured, produced or assembled in New York state, or services which are sought by the public authority or public benefit corporation and which are substantially performed within New York State. 2. 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/proposers, subcontractors, and suppliers. New York State Business Enterprises that participate as contractors, subcontractors and suppliers in the contracts of the Metropolitan Transportation Authority and its affiliated and subsidiary agencies (collectively, “MTA”) strongly contribute to the economies of the State and the nation. In recognition of this contribution, bidders/proposers for this contract are strongly encouraged and expected to consider New York State Business Enterprises in the fulfillment of the requirements of this contract. Such participation may be as subcontractors, suppliers, or other supporting roles. MTA, to the maximum extent practicable and consistent with legal requirements, desires to achieve participation of qualified and responsible New York State Business Enterprises in purchasing commodities and services including technology. Furthermore, bidders/proposers are reminded that they must continue to utilize small, minority and women-owned businesses, consistent with current State law. Utilizing New York State Business Enterprises in MTA contracts will help create more private sector jobs, rebuild New York’s infrastructure and maximize economic activity to the mutual benefit of contractors, participating New York State Business Enterprises, the public sector and the people of the State of New York. Public procurements can drive and improve the State’s economic engine through promotion of the participation of New York State Business Enterprises by MTA contractors. MTA, therefore, strongly encourages bidders/proposers to use New York State Business Enterprises in MTA contracts. The potential participation by all kinds of New York State Business Enterprises in MTA contracts will deliver great value to the MTA, the State and its taxpayers. 3. A bidder/proposer responding to this solicitation may answer the question below in its bid or proposal to demonstrate its voluntary commitment to the use of New York State Business Enterprises1:

1 While support of New York State Business Enterprises is encouraged, how a bidder/proposer responds to this question will have no impact on the award of the subject procurement (except for certain rolling stock procurements where the law expressly permits New York State content to be part of the evaluation criteria for award).

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-7

Does bidder/proposer anticipate that one or more New York State Business Enterprises will be used in the performance of this contract? Yes: ___ No: ____ If the answer is yes, please identify in the bid/proposal the New York State Business Enterprises that the bidder/proposer anticipates will be used, to the extent known, and attach identifying information about each such New York State Business Enterprise. 4. The bidder/proposer that is awarded and enters into the contract (the “Contract”) that is the subject of this solicitation (“Contractor”) agrees by so entering into such contract to the following, which is incorporated into and made a part of the Contract: A. Contractor agrees to furnish to MTA information regarding its use of New York State Business Enterprises in the performance of this Contract, including by reporting to MTA, in response to MTA’s request, whether New York State Business Enterprises are being, have been or are anticipated to be, used in the performance of the Contract, and, if so, by providing identifying information about each such New York State Business Enterprise. 5. If the Contract is in an amount of $1 million or more (a “Large Contract”) the following additional provisions are incorporated into and are made a part of the Large Contract: A. Contractor shall (i) upon entering into the Large Contract provide to MTA documentation of its effort to encourage use of New York State Business Enterprises and (ii) thereafter also report the extent of such use for each such New York State Business Enterprise (a) in response to a request of the MTA project manager and (b) at the time of Contract close-out. B. Contractor is required to make reasonable efforts to encourage the participation of New York State Business Enterprises and suppliers and subcontractors on such Large Contract. Contractor will be required to document its efforts to encourage the participation of New York State Business Enterprises as suppliers and subcontractors by showing it has (i) solicited bids/proposals, in a timely and adequate manner from New York State Business Enterprises including certified minority-owned business, (ii) contacted the New York State Dept. of Economic Development to obtain listings of New York State Business Enterprises, (iii) placed notices for subcontractors and suppliers in newspapers, journals or other trade publications distributed in New York State, or (iv) participated in bidder/proposer outreach conferences. Documentation of such efforts of the Contractor must be produced to the MTA upon MTA’s request. 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 to the MTA indicating the method by which such determination was made. If the Contractor does not intend to use subcontractors, the Contractor shall provide a statement to MTA verifying such. C. Contractor must comply with the Federal Equal Opportunity Act of 1972 (P.L. 92-261), as amended. D. Contractor agrees to make reasonable efforts to provide notification to New York State residents of employment opportunities on this contract through listing any such positions with the Division of Employment and Workforce Solutions of the New York State Department of Labor, or providing such notification in such manner as is consistent with existing collective

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-8

bargaining contracts or agreements. Contractor agrees to document these efforts and to provide said documentation to the MTA or the State, upon request. E. Contractor acknowledges that New York State may seek to obtain offset credits from foreign counties as a result of this contract and agrees to cooperate with the State in these efforts. 5. Information on the availability of New York State subcontractors and suppliers is available:

Online by going to the following address and signing up for a free account with the New York State Contract Reporter: https://www.nyscr.ny.gov/nysBusinessReg.cfm.

By telephoning the New York State Department of Economic Development, Division of Small Business at 518-292-5266.

6. A directory of New York State certified minority and women-owned business enterprises is available: Online at http://esd.ny.gov/MWBE/directorySearch.html

By contacting the Empire State Development’s Division of Minority and Women's Business Development: Albany, NY 12245 (518) 292-5250 or 633 Third Avenue, 33rd Floor New York, NY 10017 (212) 803-2414

By contacting the MTA’s Department of Diversity and Civil Rights at 646-252-1385 for an appointment to inspect the directory at 2 Broadway, 16th floor, New York, NY 10004. At your request, the Department of Diversity and Civil Rights will assist a firm in reviewing the directory.

7. Contractors that want to be informed by e-mail of future contracting opportunities that may be of interest to them that are advertised in the New York State Contract Reporter, may sign up for a free account by going to https://www.nyscr.ny.gov/contracts.cfm 8. Contractors that want to sign up, at no charge, to be included in the New York State Business Registry, which may be used by various New York State public agencies and by prime contractors who may contact the Contractor’s business directly about subcontracting opportunities, may go to https://www.nyscr.ny.gov/nysBusinessReg.cfm. Requests for listing in this registry may be made by:

i) a New York State Business Enterprise that is not currently listed in this registry; and ii) a business in any other state or country provided the state or country in which the company is located does not engage in discriminatory purchasing practices. These discriminatory jurisdictions are identified within the Business Registry application.

CONTRACT 20-MNT-2981

PRICE SCHEDULE

PREVENTIVE MAINTENANCE AND REPAIR OF TRAFFIC AND SIGNAL CONTROL SYSTEMS, PROGRAMMABLE LOGIC CONTROL SYSTEMS & CENTRAL VENTILATION

CONTROL SYSTEMS

YEARS ONE THROUGH THREE

Item No. Description

Estimated Quantity

Unit Price Extended Price

6 Visits $________ $__________________

1440 Hours

$________ $__________________

384 Hours

$________ $__________________

1. Preventive Maintenance for Hugh L. Carey Tunnel TSCS,PLCs & Ventilation Controls - Twice Annually

2. Perform scheduled repair work at all Facilities during regularworking hours of 8:00am – 4:00pm Monday through Friday,excluding Authority holidays.

3. Perform emergency repair work during hours not covered underItem 2

4. Estimated Three (3) Year expense for parts and major componentreplacement.

$325,000.00 Not to Exceed

Years One through Three Gross Sum (Line Items 1 through 4): $__________________ In Figures

Years One through Three Gross Sum (in words): $_________________________________________________ dollars and _______________________ cents.

BP - 9

CONTRACT 20-MNT-2981

PRICE SCHEDULE

PREVENTIVE MAINTENANCE AND REPAIR OF TRAFFIC AND SIGNAL CONTROL SYSTEMS, PROGRAMMABLE LOGIC CONTROL SYSTEMS & CENTRAL VENTILATION

CONTROL SYSTEMS

YEARS FOUR AND FIVE

Item No. Description

Estimated Quantity

Unit Price Extended Price

4 Visits $________ $__________________

960 Hours

$________ $__________________

256 Hours

$________ $__________________

1. Preventive Maintenance for Hugh L. Carey Tunnel TSCS,PLCs & Ventilation Controls - Twice Annually

2. Perform scheduled repair work at all Facilities during regularworking hours of 8:00am – 4:00pm Monday through Friday,excluding Authority holidays.

3. Perform emergency repair work during hours not covered underItem 2

4. Estimated Two (2) Year expense for parts and major componentreplacement.

$112,122.00 Not to Exceed

Years Four through Five Gross Sum (Line Items 1 through 4): $__________________ In Figures

Years Four through Five Gross Sum (in words): $_________________________________________________ dollars and _______________________ cents.

Total Gross Sum Bid Years One through Five (In Figures):

$________________________

Total Gross Sum Bid Years One through Five (In Words):

$__________________________________________________________ dollars and

_______________________ cents.

BP - 10

Notes to Bidder: 1. The Gross Sum Bid shall include the cost of all labor, equipment, material, travel

and any other costs incidental thereto as required for performance of the servicesin accordance with this Contract.

2. Bidders are advised that qualified, conditional or unbalanced bids or bids whichare at variance with any provision of the Contracts Documents or fail to meet anyrequirement thereof, may be rejected as non-responsive.

3. The Gross Sum Bid is the aggregate total of bid price(s) for the individual item(s)set forth in the Price Schedule extended by the estimated quantities, whereapplicable. For this bid, such aggregate total shall be Items 1 through Item 4 for years 1through 3 and Item 1 through Item 4 for years 4 through 5. Inthe event that the Gross Sum Bid or any extended unit prices reflects a clearmathematical error, then the corrected calculation shall govern.

4. This Contract will be awarded to the lowest responsive, responsible bidder basedon the total aggregate price for all items set forth on this Price Schedule.

5. It is expressly understood that the Estimated Quantities stated in the PriceSchedule are approximate only and not to be taken as final since they are subjectto change, depending upon the Authority’s actual need for services under thisContract, and shall form no basis for any claim, in case they do not correspond tothe actual amounts. It is especially agreed that the Contractor has madeallowances in the prices of the Price Schedule for additional expenses, loss, risk,and damage arising because of any differences between actual and estimatedquantities stated in the Price Schedule.

6. The apparent low bidder may be required to submit a bid breakdown of theseparate items of cost including, but not limited to, quantity, components andlabor, which comprise the gross sum in the Bidder’s Proposal. The sum of all classes of costs set forth in such bid breakdown shall equal the gross sum bid.The price in such bid breakdown must not be improperly balanced.

7. The apparent low bidder shall be available for a Qualification Hearingseven (7) working days following the opening bids, at 10:00 am or at such othertime and day that the Authority may select upon written notice to the bidder todemonstrate that it is a Responsible Bidder. At this time the apparent low biddershall furnish the documents related to proof of insurance as required of the Termsand Conditions contained herein.

8. Bidder will be conclusively presumed to have full knowledge of any and all conditions concerning the project site relating to or affecting in any way theperformance of the Work to be done under this Contract which were discovered orshould have been discovered upon prudent investigation of the project site andadjacent areas or upon review of other information, if any, available from the

BP - 11

Authority, the City or elsewhere, concerning the project site, the work, or the Contract.

9. Prior to award of this Contract, the Bidder authorizes the Authority to inspect itsfacilities and equipment to evaluate both the capabilities and techniques employedby the Bidder to fully perform the proposed Contract.

BP - 12

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-13

BIDDER HEREBY ACKNOWLEDGES RECEIPT OF ALL ADDENDA THROUGH AND INCLUDING

ADDENDUM NO. _________________________________

(Bidder MUST insert number of last addendum issued.)

Dated ________________, 2021

*_____________________________ (Exact Name of Individual,

Firm or Corporation)

(CORPORATE SEAL)

By _____________________________ (Name and Title)

------------------------------------------------------------------------------------------------ *The proposal must be signed on this page. The bidder, if a partnership or corporation,must sign this proposal in the exact firm or corporate name as it appears in its partnershipagreement or certificate of incorporation.

NOTE: If the bidder is a corporation and this proposal is signed by an Officer other than the President or a Vice President, the bidder shall furnish a certified copy of by law or resolution authorizing said Officer to sign, unless same has previously been furnished to the Authority.

PROPOSAL ACCEPTED TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

By: _________________________________

Title: _______________________________

Date: _______________________________

BIDDER'S PROPOSAL

Standard Short IFB (Rev. 8/9/18)

BP-14

VERIFICATION AND ACKNOWLEDGMENT

STATE OF____________) COUNTY OF__________)

On the ____ day of ___________, 2021, before me personally came and appeared ______________________ by me known to be said person, who swore under oath as follows:

1. He/she is _________________ of __________________________.(Print title) (Print name of firm)

2. He/she is duly authorized to sign this questionnaire on behalf of said firm and dulysigned this document pursuant to said authorization.

3. The answers to the questions set forth in this questionnaire are true, accurate andcomplete and were made to induce the award of this contract.

4. He/she acknowledged and understands that the questionnaire includes provisionswhich are deemed included in the contract if awarded to the firm.

Sworn to before me the ____day of ________________, 2021

Notary’s stamp and signature _______________________________________