Capital Program

An Eye on the Future

Information about contracts that will be awarded for

Professional Services
Construction
Equipment Procurement

by the

Metropolitan Transportation Authority

New York City Transit
Staten Island Railway
Long Island Rail Road
Metro-North Railroad
Bridges and Tunnels
Capital Construction
Bus Company

JULY – DECEMBER 2009

Introduction

Monthly Solicitation Schedule of Projects to be Advertised

Brief Descriptions of Work to be Advertised

General Contract Provisions

Introduction

This edition of An Eye on the Future contains information for prospective contractors, engineers, architects and vendors about contracts that are expected to be advertised for bids between January and June 2009 by the Metropolitan Transportation Authority's operating agencies.

MTA New York City Transit (NYC Transit)
MTA Staten Island Railway (SIRTOA)
MTA Long Island Rail Road (LIRR)
MTA Metro-North Railroad (MNR)
MTA Bridges and Tunnels (B&T)
MTA Capital Construction (MTACC)
MTA Bus Company (MTA Bus)

In 1993 the MTA board approved a new service identity program for the MTA family of agencies. The identity program provides for the use of the above popular names to make clear to our customers that the various MTA affiliates and subsidiaries constitute an integrated regional transportation network. However, for all procurement documents and official transactions, the agencies retain their legal names: New York City Transit Authority, Staten Island Rapid Transit Operating Authority, the Long Island Rail Road Company, Metro-North Commuter Railroad Company, Triborough Bridge and Tunnel Authority, Capital Construction Company and Bus Company.

With respect to the contract descriptions and other data included in this volume, readers should note that they are for general information only and are not to be construed as final. The exact description of the work and other pertinent information concerning an individual contract will be found in the contract specifications and drawings or solicitation documents which may be obtained by prospective bidders when solicitation begins. Most contracts for construction, procurement of capital equipment and professional services are awarded after a competitive process, including sealed bids for construction and procurements and competitive requests for proposals for professional services.

Public notices of solicitations are normally published in advance of the availability of contract documents or requests for proposals in the New York State Contract Reporter and in one or more of the following publications.

            New York Post
            El Diario
            The Daily Challenge
            Amsterdam News
            Minority Commerce Weekly
            Engineering News Record

MTA NEW YORK CITY TRANSIT and MTA BUS

Any firm that is not familiar with NYC Transit or MTA Bus work or with the general types of contracts may receive further information by contacting:

            Mr. Shimon Katzman
            New York City Transit
            Bid Desks
            3 Stone Street
            New York, NY 10004
            Telephone:    (646) 252-6101
            Fax: (646) 252-6108

To be placed on the agency's mailing list for notification about advertisement of capital construction or procurement projects, please write to or fax information to the following:

            Mr. Bruce Wagner
            Manager
            Solicitation Management
            MTA New York City Transit
            2 Broadway
            New York, NY 10004
            Telephone:    (646) 252-6123
            Fax: (646) 252-6144

NYC Transit does not maintain a mailing list for the notification of advertisements about projects requiring architectural, engineering, or construction management services. Projects requiring consultant services will be advertised in the New York State Contract Reporter and the Engineering News Record.

Specific information about engineering and architectural consultant services contracts may be obtained from:

            Mr. Surender Dhawan
            Senior Director
            Materiel Division
            MTA New York City Transit
            2 Broadway
            New York, NY 10004
            Telephone: (646) 252-6215
            Fax:(646) 252-6099

MTA METRO-NORTH RAILROAD

Contractors, engineers, architects and vendors may have their firm placed on the Metro-North Railroad mailing list for notification of advertisement of contracts upon written request to:

            Ms. Kathy Comer
            Administrative Assistant
            Procurement and Material Management
            MTA Metro-North Railroad
            347 Madison Avenue   14th Floor
            New York, New York   10017-3706
            Telephone: (212) 340-3920

MTA LONG ISLAND RAIL ROAD

Contractors, engineers, architects and vendors may inquire about Long Island Rail Road advertisements of individual contracts upon written request to:

            Ms. Carla Butler
            Contract Research Clerk
            Planning & Construction
            MTA Long Island Rail Road
            90-27 Sutphin Boulevard (0335)
            Jamaica, New York 11435
            Telephone:   (718) 725-2622

MTA BRIDGES AND TUNNELS

Contractors, engineers, architects and vendors may have their firms placed on the Bridges and Tunnels mailing list for notification of advertisements of the individual contracts upon written request to:

            Ms. Victoria Warren
            Bid Administration Manager
            Procurement and Materials
            MTA Bridges and Tunnels
            2 Broadway 24th Floor
            New York, New York   10004
            Telephone: (646) 252-7092

MTA CAPITAL CONSTRUCTION

Contractors, engineers, architects and vendors interested in the MTA Capital Construction (“MTACC”) projects may have their firms placed on a mailing list for notification of specific future MTACC solicitations by written request to:

            Mr. David K. Cannon
            Director, Procurement and Risk Management
            Procurement and Law Department
            MTA Capital Construction Company
            2 Broadway - C8.99
            New York, New York 10004
            Telephone (646) 252-2321

* * *

Some aspects of contracting are common to all the MTA agencies.

MTA agencies are not subject to the Wicks Law for their construction projects.
MTA agencies seek the best contractors, suppliers, and professional services firms in the business, including firms owned by women and minorities for which special efforts are being made to ensure appropriate participation. We pledge to do our part to make all projects successful for the agencies and contractors alike.
Projects already funded by Federal grants are noted in the solicitation schedule with an asterisk. Some of the other projects may become eligible for Federal funding in future grant applications.

Selected Provisions of Capital Program Contracts

This is a summary of several provisions which are generally applicable to MTA agency projects. Complete requirements for a given contract can only be obtained from the documents for that contract. Naturally, all construction is performed under the laws and regulations of New York State. This is not intended to be a full summary of General Provisions.

NYC Transit, the two commuter railroads, and MTA Capital Construction base progress payments on the contractor's monthly submissions of cost-loaded schedules. The use of CPM network diagrams is required for complex projects while simpler bar charts are required for less complex projects.
All the agencies' contract documents contain a value engineering change proposal clause. Contractors are encouraged to submit cost saving proposals during construction, and upon acceptance of the proposal, would be able to share in the actual cost savings.
Another effort to improve the management of capital projects is the use of contractor evaluation files that are kept on all ongoing work. All the MTA agencies use identical criteria to evaluate contractors and share the information with the other MTA agencies.
The period between advertisement for bids and bid opening will vary from approximately four to eight weeks, depending on size of the contract.
Unless specifically noted in the bid document, the transit facilities will be in continuous operation during the performance of the work for the majority of contracts. The contracting agency will provide the necessary maintainers, flagmen, diversions of service and work trains.
Bidders will be required to submit, prior to the award of the contract, a program of affirmative action to provide for equal employment opportunity. Submittals will be described in the contract documents. Goals for the participation of minority-owned and women-owned firms will be specified for each contract.

Minority business enterprises and women business enterprises will be afforded full opportunity to submit bids and/or proposals and will not be subjected to discrimination on the basis of race, religion, color, sex, or national origin in consideration for awarding contracts.
A bid bond or a certified check in the amount of five to ten percent is normally required at the time of delivery of the bid. The contractor must furnish a performance bond and payment bond in amounts equal to 100 percent of the contract price.
In addition to other requirements specifically provided in the contract, each bidder must be prepared to prove to the satisfaction of the contracting agency that he has the qualifications, including but not limited to skill and experience, and the necessary facilities and financial resources to complete the work in a satisfactory manner within the time specified.
Contracts generally require a guarantee of all apparatuses, devices, workmanship and materials for at least one year. A security in the form of a bond in the sum of a predetermined percentage of the amount of the contract may be required prior to the final payment. Contracts may have additional requirements which must be reviewed.
The contractor shall also maintain at a minimum Workers Compensation, Commercial General Liability and Commercial Automobile Insurance. Additional coverage may be required and will be indicated in the contract. The MTA and the contracting agency shall be named as an additional insured on the policy. In general, coverage requirements range from $1,000,000 to $5,000,000 combined single limit for injuries to persons (including death) and for damage to property. The limits of liability will vary depending on the size and type of projects. In addition, the contractor will be required to hold the governmental agencies and contracting agency harmless. Evidence of the required insurance shall be delivered to the contracting agency on an MTA approved Certificate of Insurance prior to execution of the contract.

Each insurance policy, or Certificate of Insurance, shall contain an agreement by the insurance company issuing the policy that the policy will not be canceled, terminated or modified without 30 days prior notice to the contracting agency. At least two weeks prior to the expiration of each policy, the contractor shall endeavor to provide an updated Certificate of Insurance evidencing renewal coverage to the contract agency.

The MTA has in place Owner Controlled Insurance Programs (OCIP) for the East Side Access (ESA) project, the Second Avenue Subway and selected projects in the Capital Plan. Under traditional OCIPs, the MTA covers the construction phase of work and provides general liability, excess liability, workers’ compensation, railroad protective, and builder’s risk coverage to all participating contractors. The ESA OCIP adds environmental liability coverage for related engineering and environmental work.