2 broadway new york, ny 10004 [email protected]...

MTA· NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, NY 10004

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

[email protected]

0000117408 NOTICE

-OFADDENDUM

ADDENDUM #2

BID OPENING/DUE DATE: 06/17/2016

2 Broadway Veronique Hakim New York, NY 10004 President

• New York City Transit

May 19,2016

ADDENDUM #2 Contract# IFB 117408

Physical and Chemical Testing of Bus Engine Oil, Transmission Fluid and Traction Motor Oil for NYC Transit Department of Buses and MTA Bus

Company

TO PROSPECTIVE BIDDERS:

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

I. The Bid Opening Date is being postponed from Tuesday May 24, 2016 at 2:00pm to Friday, June 17,2016 at 2:00 pm.

II. The insurance requirements have been changed and replaced with a new Schedule A. Attached is the new Schedule A.

III. Based on prospective bidders further inquiry the following are questions received and the corresponding answers to those questions, which are made part of this Contract: (answers appear in Bold.)

Question:

I) Will NYCT accept determination of Glycol by a proven method using detection of Sodium and Potassium by ICP?

No. The testing must be done according to the specification.

2) NYCT specifies that no screening shall be done. To perform Fuel Dilution by GC and Water by Karl Fischer per the ASTM methods proscribed and utilize no screening will increase NYCT's cost for testing over the current contract. How will

Contract # IFB 117408- Addendum #2 I

642078

2 Broadway . Veronique Hakim New York, NY 10004 President


NYCT determine that bidders are submitting pricing calculating the cost of performing each test as noted and not pricing based on screening procedures?

The pricing on the contract will bind tbe contractor to perform the work in accordance with the contract documents for the price offered.

3) Will NYCT verify prior to bid award that all testing is (A) being performed per methods noted and (B) listed on the bidder's scope for the location at which the testing will be accomplished?

Any and all ways available to do so.

4) The RFQ mentions inspections and the use of reference or spiked samples, but how will NYCT verify that those samples are not being caught using a screening process and the full method being performed only after screening?

Any and all ways available to do so.

5) When compared to the existing testing requirements, are there any changes to the new requirements in terms of testing (i.e. was the PQ test on the previous testing requirements or is this new).

Existing testing requirements are not relevant to this solicitation.

6) Please confirm that we are to perform KF on ALL samples per the specification and that we are required to perform GC on ALL samples.

Confirmed.

7) Please confirm that the bid due date will be extended.

The new bid opening date for this solicitation is June 17,2016.

Bidders may obtain copies of the solicitation documents and copies of all Addenda on the following NYC Transit website: http://web.mta.info/nyct/procure/rfppage.htm

Contract # IFB 117408- Addendum #2 2

642078

2 Broadway Veronique Hakim New York, NY 10004 President


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

Si1lJ lat Robert Folio, Assistant Chief Procurement Officer

Contract # IFB 117408-Addendum #2 3

642078

NEW YORK CITY TRANSIT AUTHORITY

Division of Materiel

Schedule A

INSURANCE REQUIREMENTS

10/13

NEW YORK CITY TRANSIT AUTHORITY INSURANCE REQUIREMENTS Division of Materiel

Contract No: IFB 117408

Description: Physical and Chemical Testing of Bus Engine Oil for NYC Transit Department of Buses and MTA Bus Company

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

INSURANCE MINIMUM AMOUNTS

~ Workers' Compensation Statutory Limits

~ Employer's Liability $1,000,000

0 Longshore & Harbor Workers' Endorsement

0 Maritime Coverage Endorsement (Jones Act)

~ Commercial General Liability (amount is each occurrence) $ 2,000,000

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

0 MCS-90 Endorsement $

0 CA 9948 Endorsement $

0 Contractor's Pollution Liability $

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

0 Marine Protection & Indemnity Liability $

0 Builder's RisklInstaliation Floater $ .~ Professional Liability $ 2,000,000

0 Professional Liability, including pollution liability

0 Valuable Papers $

0 Property Insurance $

0 Crime $

0 Self Insurance $

0 Railroad Protective Liability (per occurrence/aggregate) $

0 Garage Liability $

0 Garage Keepers Legal Liability $

0 Other: $

10/13 Schedule A Page I


B. INSURANCE REQUIREMENTS

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

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

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

10/13 Schedule A Page 2


valid and collectible insurance and must be exhausted before implicating an available Authority/MT A policy.

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

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

b. Personal and Advertising Injury Coverage.

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

d. Independent Contractors Coverage.

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

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

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

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

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

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

10m Schedule A Page 3


(I) Triborough Bridge & Tunnel Authority ("B&T"), Metro North Commuter Railroad Company ("MNR"). Long Island Railroad ("LIRR"), MTA Bus Company ("MTABus''), United States Trust Company of New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broadway LLC, ZAR Realty, Transwestern Commercial Services New York, LLC, and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herein.

2. Workers' Compensation Insurance complying with the statutory requirements of the State of New York, covering all employees of the Contractor. Employer's Liability Insurance coverage with limits of not less than $1.000.000, each accident or illness shall be included. When applicable, the policy shall be endorsed to include the Longshore and Harbor Workers' Compensation Act and/or Maritime Coverage Endorsement (Jones Act Endorsement).

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

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

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

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

b. If the MCS-90 or CA-9948 endorsements are required, the policy limits of liability must be increased to at least $5,000.000 per each occurrence pursuant to federal,



state or local laws. rules and regulations, and copies of the MCS-90 and CA-9948 endorsements shall be provided for review as part of the insurance submission.

4. Professional Liability Insurance covering actual or alleged negligent acts, errors or omissions committed by the Consultant in the performance of activities under this Agreement, regardless of the type of damages. The policy coverage shall also extend to include personal injury, bodily injury and property damage from the performance of professional service and/or arising out of the Work The policy shall have a limit of liability of not less than two million dollars ($2,000,000) per claim. The policy may contain a deductible clause of a maximum of two hundred fifty thousand dollars ($250,000) unless such increased deductible is approved by NYCTA/MTA Bus Co. /MTA. But in such case the deductible is the sole responsibility of Consultant and no portion of such deductible is the responsibility of the NYCTAlMTA Bus Co. /MTA. If the policy is subject to an aggregate limit, replacement insurance will be required if it is likely such aggregate will be exceeded. Such insurance shall be subject to the terms and conditions and exclusions that are usual and customary for this type of insurance.

Said policy shall be endorsed in form acceptable to include a provision that the policy will not be canceled, not renewed, or the limit of liability reduced by endorsement without at least thirty (30) days prior written notice by certified mail return receipt requested to the NYCTAlMTA Bus Co.! MTA c/o MTA Risk and Insurance Management Department - Standards, Enforcement & Claims Unit, 2 Broadway - 2P' floor, New York, NY 10004.

If this insurance is provided on a claims-made basis, the Consultant shall maintain continuous insurance coverage during the term of this Agreement and in addition to the coverage requirements above, such policy shall provide that:

i, Policy retroactive date coincides with or precedes the insureds' initial services under the Agreement and shall continue until the termination of the Agreement (including subsequent policies purchased as renewals or replacements);

ii, Policy allows for reporting of circumstances or incidents that might give rise to future claims; and

iii. An extended Reporting Period of at least one year will be available and must be purchased in the event ongoing coverage is not maintained.

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

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

c/o MTA Risk & Insurance Management



Standards Enforcement & Claims Unit. 2 Broadway - 21st Floor New York. NY 10004

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

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

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

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

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

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

[The MTA Certificate oflnsurance (for Joint Agency Agreements) begins on the next page.]


0 Capital Contract

• New York City Transit0 Operating Contract CERTIFICATE OF INSURANCE 0 Outside Contract

I AGREEMENT or CONTRACT NAME/DESCRIPTION: AGREEMENT or CONTRACT #:

INSURANCE PRODUCER: DATE RECEIVED: REFERENCE #: CERTIFICATE ISSUANCE DATE:

ADDRESS:

PHONE#:

CO COMPANIES AFFORDING COVERAGE INSURED: LTR

ADDRESS: A NAIC#

B NAIC# PHONE#:

C NAIC#

NAIC#0 CERTIFICATE New York City TransiUMTA HOLDER: Attention: Risk & Insurance Management E NAIC#

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

Phone #: Capital Contracts Only: (646) 252-1426 G NArc # oeerannc Contracts Only: (646) 252-1435

COVERAGES (See Notes 1 and 2)

CO LTR

TYPE OF INSURANCE POLICY

NUMBER EFFECTIVE

DATE EXPIRATION

DATE LIMITS

GENERAL LIABILITY o Commercial General Liability Form

BI & PO COMBINED OCCURRENCE $

o Underground Expl.& Collapse Hazard o Products/Completed Operations GENERAL AGGREGATE s o Contractual Liability o Independent Contractors o Fifty Foot Exclusion Removed o Personal & Advertising Injury o SIR/Deductible $

PRODUCTS/COMPLETED OPERATIONS AGGREGATE

OTHER

s

s

AUTOMOBILE LIABILITY o Any Auto o Owned Autos

BODILY INJURY (Per Occurrence)

PROPERTY DAMAGE (Per Occurrence

s

s

o Hired Autos o Non-Owned Autos

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

AUTO ONLY EACH ACCIDENT $ GARAGE LIABILITY o Any Auto OTHER THAN EAACC $

AUTO ONLY AGG s EXCESS LIABILITY o Umbrella Form

EACH OCCURRENCE s o Other Than Umbrella Form o SIR/Deductible s AGGREGATE s WORKER'S COMPENSATION o STATUTORY LIMITS AND EMPLOYER'S LIABILITY o USLH o Jones Act o "All States" Coverage EMPLOYER'S LIABILITY $

PROFESSIONAL LIABILITY o Includes Pollution Liability o Deductible $

s

OTHER: - s

OTHER: - s

OTHER: - $

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

THE ORIGINAL BINDER{S) WILL BE ACCEPTED, PENDING ISSUANCE OF THE ORIGINAL POLlCY(S). /0;/3

CERTIFICATE OF INSURANCE NYCT (Continued) Page 2

LIABILITY COVERAGES:

ADDITIONAL INSl'REDS (See Note J) Check all that apply I8J Coverage: General Liability, Garage Liability Excess/Umbrella Liability Contractor's Pollution Liability. Pollution Legal Liability. etc.

For all NYCT Agreements D New York City Transit Authority ("NYCT"). Manhattan and Bronx

Surface Transit Operating Authority ("MaOSTOA"), Staten Island Rapid Transit Operating Authority ("SIRTOA"). MT,\ Capital Construenon Co. ("MTACC"), MTA Bus Company ("MTABus"), Metropolitan Transportation Aumortry ("MTA") and its subsidiaries and affiliales. and the City ur New York (as owner) and the respective affiliates and subsidiaries existing; currently or in the future of and successors to each Indemnified Party listed herein.

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

Commuter Railroad Com pan)' ("MNR"), Long Island Railroad ("LlRR"). the State of New York, MTA Bus Company ("MTABlIs··). United Slates Trust Company or New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broadway LLc, ZAR Realty. Transwestern Commercial Services New York, LLC. and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party lisled herein.

D Other: __

PROPERTY COVERAGES:

(See Note J) Check all that apply I8J

o ADDITIONAL NAMED INSllREDS/LOSS PAyEt: Property, Builder's Risk, ete.

o LOSSNHE Coverage: Crime Insurance. Valuable Papers

Fur all NYCT AgreementsD New Yurk City Transit Authority ("NYCT"), Manhattan and Broux Surface Transit Operating Authority ("MaBSTO;\."), Staten bland Rapid Transit Operating Authority ("SIRTOA"). MTA Capital Construction Co. ("MTACC"). "..ITA Bus Company ("MTABus"), Melropolitan Transportation Authority ("MTA") and its subsidiaries and affiliates. and the City or New York (as owner) and the respective affiliates and subsidiaries existing currently or in the future of and successors to each Indemnified Party listed herem.

2 BROADWAY AGREEMENTS rMJ~ work is performed at 2 Broadway), Please Also Include:

D Triborough Bridge & Tunnel Authority ("B&T"), Metro North Commuter Railroad Company ("MNR"). Long Island Railroad ("LlRR"). the State of New York, MT A Bus Company "(MTABus"). United States Trust Compauy or New York as Trustee under the 2 8roadway Ground Lease Trust, Two Broadway LLC, ZAR Realty, Transwestern Commercial Services New York. LLC, and the respective affiliates and subsidiaries. existing currently or in the future of and successors to each Indemnified Party listed herein.

o Other:

NOTE 1: The subscribing insurance cmnpany(s), authorized to do business in the State of New York. certifies that insurance of the kinds and types and for limits ofliability herein stated, covering the Agrcement/Contract herein designated, has been procured by and furnished on behalf of the Insured and is in full force and effect for the period listed on the front of this Certificate of Insurance. In addition, the subscribing insurance company(s) certifies that the insurance limits for General Liability Insurance are not amended by deductible clauses of any nature except as has been disclosed to and approved by the New York City Transit Authority (NYCT); and that coverage is afforded tor the Insured's obligations under that provision of the contract providing for indcmnification of the Indemnified Parties, including the New York City Transit Authority (NYCT), named therein. When applicable, the subscribing insurance companyts) certifies that: any exclusion applying to construction or demolition operations on or within fifty (50) feet of railroad property (stations. yards, tracks, etc.); has been removed

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

NOT[ 3: All references to Additional Insureds and Additiooal Named Insureds Include those entities" directors. officers. employees. partners. agents, subsidiaries and affiliates.

NOTE 4: This certificate is issued to the Certificate Holder in consideration of the Agreement/Contract entered into with the Named Insured. II is understood and agreed that the certificate holder relics on the certificate as a basis for continuing such Agreement/Contract with the Named Insured.

AUTHORIZED INSIJRERIPRODUCER

BY (signature of authorized Insurer/Producer)

TITLE

STATE OF ) s.s.

COUNTY Of

On this day 01' 20_, before me personally came . .__. to me known. who being duly sworn,

did depose and say that he/she resides in , that he/she is the of the

eorporaucn and described in and which executed the foregoing Certificate: of Insurance, that he/she is fully authorized to execute the foregoing Certificate of Insurance.

(Notary Public)

CERTIFICATES OF INSURANCE MUST BE COMPLETED BY AUTHORIZED INSURANCE REPRESENTATIVES ONLY. 10,/3

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

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

1. General Requirements:

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

• Use Joint Agency Certificate if contract applies to more than one MTA Agency;

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

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

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

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

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

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

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

• A physical CODy of the Additional Insured Endorsement (I.S.0. Form CG 20 10 1185 Form B version or equivalent) reflecting the policy number(s) and covering the required Indemnitees in the contract must accompany the certificate of insurance.

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

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

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

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

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

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

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

of the Joint Venture.

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

3. Provide Signed Certificate or a Certified Copyts) of the actual Policy(s) to: Mailing Address: MTA Risk and Insurance Management Dept., Standards, Enforcements and Claims Unit, 2 Broadway, 21" floor, New York, NY 10004.

INS-PROCEDURE-GUIDEl.INES - MTARIM -10/13

--

I

D Capital Contract • Metropolitan Transportation AuthorityOperating Contract~

CERTIFICATE OF INSURANCE (For Joint Agency Agreements)D All Other Agreements

AGREF.,\U:NT or CONTRACT NAM ..:IDF.SCRIPTION: Physical and Chemteel Testing

NAIC.

NAIC.

NAl(' •

NAIC.

NAIC •

NAIC.

s

s

$

s

Producer:

ADDRESS:

PHON I: .:

INSURED:

ADDRESS:

PHONE.:

CERTIFICATE HOLDER:

ADDRESS:

PHONE .:

Metropolitan Transportation Authortty Attention: Risk & Insurance Management

2 Broadway 2I"t Floor New York, NY 10004 1646'252-1425

AGREEMENT or CONTRACT.: IFB 117408

CO LT R

LTR

A

B

C

D

.E

-

G

COVERAGES (See Notes t and 2)

POLICY NUMBER

EFFECTIVETYPE OF INSURANCE DATE

GENERAL LIABILITY D Commercial General Liability Fonn D Underground Expl.& Collapse Hazard D Products/Completed Operations D Contractual Liability D Independent Contractors o Fifiy Foot Exclusion Removed D Personal & Advertising Injury o SIR/Deductible $

AliTOMOBILE LIABILITY D Any Aoto o Owned Autos o Hired Autos o Non-Owned Autos

G~R4GE LIABILITY o An)' Auto

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

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

PROFESSIONAl. LlABILlH' o Includes Pollution Liability o Deduclible $

OTHER:-

OTHER:-

OTHER:-

of Bus Engine Oil for NYC Transit Department of Buses and MTA Bus Company

CERTIFICATE ISSllANCE DATE: REFERENCE .:DATE RECEIVED:

CO COMPANIES AFFORDING COVERAGE

EXPIRATION DATE

NAIC.

LIMITS

BI & PD COMBINED S

OCCliRRENCE

GENERAL AGGREGATE s

PRODliCTS/COMPLETED sOPERATIONS AGGREGATE

OTHER s BODILY INJllRY

$(Per Occurrence)

PROPERTY DAMAGE s(Per Occurrence)

BODILY INJllRYiPROPERTY DAMAGE COMBINED s SINGLE LIMIT (Each Accident)

AUTO ONI.Y EACH sACCIDENT

OTHER THAN EA ACC s AliTO ONLY AGG s

EACH OCClIRRtNCE s

AGGREGATE s

D STATlJTORY LIMITS

EMPLOYER'S LlABILlTV s

EVIDENCE OF RAILROAD PROTE(.TIVE LlABIUTY AND/OR BlllLDER'S RISK INSlIRANCE. WHEN APPUCABLE, REQUIRES SlIBMISSION OF THE ORIGINAL POLlCl'.

TilE ORIGINAL BlNDER(S) WILL BE ACCEPTED, PE:'<D1NG ISSllANCE OF TilE ORIGINAL POLICY (S). 10/13

CERTIFICATE OF INSURANCE MTA Joint Agency (Continued) Page 2

LIABILITY COVERAGES,

ADDITION.'\I, INSliRF.DS (See NOh' 3) Cheek allthat apply0 Coverege- General Liability, Garage Lmlnlity. Excess/Umbrella Lrabrluv Contractor's Pollution Liubrhtv. Pollunon Legal Liability, etc

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I'otelro-Nurth Commuter Railroad Company, Metropolitan l'ransportanon Authority, mcludmg Its subsrdianes and affihates, Connecticut Department of Transportation, the State of Connecticut, Jones Lang Lavalle Americas, tnc., Midlowll Trackage Ycnmres LLC, Midtown TOR Ventures LLC (lfwork ISother man GCT, see Agreement lor additional Iudemnitees) and the respective affiliates and subsidiaries eJI:istinl!; currently or in the ruture or and SUCCe!>SOB to each Indemnified Party listed herein,

Ne'" York City Transit Authority ("NYCT"), Manbanan and Bronx Surface Transu Operating Aurhoruy C'M,lBSTOA"), Staten Island Rapid Transu Operanng Authority (~SIRrOA"), MIA Copna! Ccnstrucucn Co. CMTACC'), MTA Bus Company ("MfA Bus'tj.Metropohtan Transportation Authority ('"MTA") including Its subsidiaries and nffihares. and thc CLl}- of New York (3S owner) and the respective affilialH and subsidiaries elisting currently or in the r.. lure or and successors to each Indemnified Party listed herein.

1'riborough Bridge & Tunnel AuthQrity ("B&1'''), Merrcpcbtan Transponanon Authority eMTA") mcludmg ItSsubsidiaries and affiliates, and the Slate of New York and the respeeuve ltrfiliales and subsidiaries elisling currently or in the future or and successors to each hl.demnified Party listed herein.

o Other.

Long bland Rail Road ("LlRR"), Merropolnan Transportation Authority ("MTA"), mcludmg Its subsidranes and affiliates, New York & Atlantic Railway Company, when applicable

D Nauoual Railroad Passenger Corp. {Amtrak), NJ Fransit Ccrpomtice, NJ Transit Rail Operations, Inc.

o Consolidated Rail Corporation, CSX Transponauon Inc. and Tnborough Bridge & Tunnel Amhenty (B&T)

o The Port Authority of NY and NJ. and the respective affiliate!> and subsidiaries eli.,ting currently or in the future or and successors 10 each Indemnified Party listed herein.

MTA Bus Company (MTA Bus), Metropolitan Transporranon Authority ("MTA"') mcludmg Its snbstdsanes and affiliates, the Stale of New York, th~ City of New York, PBS Capital LLC, MIU Realty, LLC. Jl.K Capital,I.LC, Green Bib Holding Corp, Jamaica BIIS Holding Corp and 'l'nboro Coach Holdmg Corp and New York Bus.Services and Its affihates and the respective affiliales and subsidiaries elisting currenlly or in the future or and SUCCHsors to each Indemnified Pari).' listed herein,

2 Broadway Agreements: Check this Dol also rnr use of 2 B'way loading dock): United Stales Trust Company of New York as Trustee under the 2 Broadway Ground Lease Trust, Two Broad ..... ay LLC. ZAR Realty. Trauswestcrn Commercial Services New York, LLC, and the respeetjve affiliales and !Iubsidiari~ exi~ting currently nr in the ruture or and succe.""o~ If) each Indemnified Party listed herein,

Other.

PROPERTY COYER·\GES: (See Nole 3) Check all that 3pplyrfl

D ADDITIONAl. Nl\MF..O INSlIRF:OS/LOSS P:\YF..F: Property. Builders Risk, etc.

D LOSS PAYEE Coverage: Cnme Insurance, valuable Papers

D Metro-North Ccmmurer Railroad Company, Metropohtan Truuspottanon Autbonty, mcludmg ItS subsidiaries and affiliates, Connecticut Department of Trunsportanon. the State of Connecticut, Muhown Trackage Ventures LLC, Midtown TOR Ventures LLC (If work is ether than GCl. sec Agreement for additional Indemnitees) and lhe respective arfiliate!> and .~ubsjdiaries elistinl!; I:urrenily or in the future or and successors to eacb Indemnified Parf)"lisled herein,

o New York City Transit Authority ("NYCT"), Manhattan and BrOIl:\ Surface Transit Operating Authority ("MaBSTOA"), Staten Island Rapid Transit Operaung Authority CSIRTOA"), MTA Capital Construction CO C"MTACe'l, MTA Bus Company eMTA Bus"), Metropolitan Transportation Anthority r'MTA"'] includtug its snbsidreries and affiliates, and lhe City of New York (as owner) and the respective affiliates and subsidiaries exenng cur-rently or in the ruture or and SUCCell50r.l t<l each Indemnified Party listed herein,

D Triborough Bridge & Tunnel Authority ("B&T"), Metropohtan Transportation Amhonty \MTA} utcludmg its subsidiaries and affiliates, and the State of New York and the respective affiliates and subsidiaries existing currently or in Ihe ruture or and succe .....(l~ to each Indemnified Pari).' listed herein.

D Other _

o tong Island Rail Road (LlRR), Metropolitan Transportation Authority (MTA), includi.ng Its subsnhanes and affiliates, New York & Atlantic Railway Company, when applicable

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

o Consolidated Rail Corporation. C5X Transportation Inc and Tribcrough Bridge & Tunnel Authority (B&T)

o The Port Authoruv of NY and NJ and the respective affili"tes and subsidiaries exi.~ting currently or in the future or and SUCCHSOrs to each Indemnified Party lisled herein,

D MTt\ Bus Company ,"MTA Bus"). Mctropohtau Transportation Authority ("MTA") including lis subsuharies and enlhetes. the Slate uf New York, the Cuy of New York, PBS Capital LLC, MIU Really, LLC, JLK Capital. LLC, Green Bus Holding Corp., Jamaica Bus Holding Corp and Triboro Coach Holding Corp. and New York Bus. Services and its affihales and the respective affiliatH and suhsidtarles elisting currently nr in the future iJr and successors to each Indemnified Party listed herein..

2 Broadway Agreements; D Check thi, Box also ror use or 1 B'way loading dock): United States Trust Company of

New Yeo, as Trustee WIder the 2 Broadway Ground LeaseTrust, Two Broadway LLC,ZAR Realty, Transwestern Commercial Services New York, LLC, and the fI.':!lpective affiliates and subsidiarlH existing currenlly or In the ruture or and successors to each Indemnified Party listed herein,

o Other. 9/13

NOTE I: The subscnbmg insurance companyts), authorized to do business In the Slate of New York, certifies (hal insurance ofthe kinds and types and for limits of liability herein stated, covering the Agreement/Contract herem designated, has been procured by and furnished on behalf of the Insured and is In full force and effect for the penod listed on the front of this Cmificale of Insurance. In addition, the subscribing insurance company(s) cenifies that the insurnnce limits for General Liability Insurance are not iU11ended by deductible clauses of allY nature exeepl as has been dIsclosed to and approved by the Metropolitan Transportauon Authority; and that coverage ISallorded for Ihe lnsun:d"s obligations uoder lhal provlsloLl of the conlraCI providing Tor indemoificalion of Ihe Indemnified Pamcs, Including the Metropolitan Transponalion Allthonty, namcd therem. Whcn apphcable, the sllbscnbing company(s) cenllies thai: any excJu~ion IlpplYlllg10 constmction or demolition operations on or WIthin lifty (50) feel of a railroad (stations, yards, tracks, etc ); aIHVor any employer li"bllity exelllsion which may othep.I,ise Operate to exclude clamls for bodily mjury asserted by an employee ofan Additional Insured have been removed.

NOT[ 1: Should any orthe insurance pohcies relerre<l to herein be canceled, changed or nol renewed, notice should be delivered in accordanee with the pohc}' provision to. Metropolitan Transportation Allthority cln MTA Rl~k and Insurance Mana{temem Department, 2 Broadway, 21~ Floor New York, NY 10004.

NOTE J: All references to Additional Insureds and Additional Named Insureds inelude those entities' directors, officers, emph,)yees, panners, a{tenls, Subsldl3nes and affihatcs

NOT[ 4 This certlfieate IS 1~~lIed to the Cenilieale Holder In consideration of the AgreementlCol\lract eutcred mto with the Name Insured. It i~

holder rchcs Oil the certlfienle as baSISfor conlilluing such Agrcement/Contract with the Name Insured AUTHORIZED INSURERIl)RODUCl:.R

Oy

TITLE

STATE OF ) 5S.

COUNTY OF

understood and agreed lhat the certilicate

(signature orallthorizcd JnsurerlProdueer)

On thiS __~_ day of 20 ,"_, before me personally camc ..__. ~ ~~~~~~~_~"_, to me known, who belllg duly swom, did depose and say that he/she

rCSldes ill , lhat he,sh~ is the or the COIJlOrailOn and (kscnbcd 111 and which executed the for~goln1!

Certllicate of Insurance, lhat heishe is full)' allthortzed to exeeutc lhe toregoing Certificate of Insurance

(Notary PubliC)

CERTIFICATES OF INSl~R-\NCE l\WST BE COMPLETEO BY AUTHORIZED INSURANCE REPRESENTATIVES ONLY RI:\'Il'ed'l f.l

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

These are basic acceptance guidelines-read your agreement for specific insurance requirements. Policies must be written by Carriers rated A-/VII or better to be acceptable 10 MlA & MTA'5 Operating Agencies

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

name of the Joint Venture.

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

3. Provide Signed Certificate or a Certified Copy(s) of the actual Policyis) to: Mailing Address: MTA Risk and Insurance Management Dept., Standards. Enforcements and Claims Unit, 2 Broadway, 21" floor, New York. NY 10004

INS-PROCEDURE-GUtDELlNES - MTARIM 10/13

MTA - NEW YORK CITY TRANSIT 2 BROADWAY

NEW YORK, NY 10004

DIVISION OF MATERIEL

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

[email protected]

0000117408 NOTICE

-OF-

ADDENDUM

ADDENDUM # 1

BID OPENING/DUE DATE: 5/24/2016

2 broadway new york, ny 10004 [email protected]...

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