NTA Metropolitan Mass Transit System. To: All Bidders Re: Tender 055/2017 for the Signaling and Train Control of the Red Line Project. Addendum No.

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1 Date: 12 th July 2017 # To: All Bidders Re: Tender 055/2017 for the Signaling and Train Control of the Red Line Project Addendum No. 5 Addendum no. 5 is issued for inclusion into the tender documents. Please note the following amendments to the documents: 1. Volume 1, Part I Invitation to Bid 1.1. In Volume 1 Part I (Invitation to Bid), please amend Clause as follows: "Each Bidder must appoint an authorized representative to act on its behalf and legally bind the Bidder ("Authorized Representative"), and a process agent upon whom legal proceedings may be served ("Process Agent"), and evidence such appointments within its Letter of Tender attached to Volume 1, Part III ("Authorized Representative"). The Bidder may replace the Authorized Representative and/or the Process Agent by providing a prior written notice to NTA." 2. Volume 1, Part II Threshold Requirements 2.1. In Volume 1 Part II (Threshold Requirements), Part A, at the end of Clause 2.1, please add the following paragraph: " For the purpose of this sub-clause 2.1, it is clarified that the Bidder shall be deemed as responsible for the design/installation where the Bidder designed/installed either itself or through a third party, provided that the Bidder remained responsible for such design/installation works directly to the respective owner of the demonstrated project." Signaling and Train Control Addendum no. 5 Page 1 of 12

2 2.2. In Volume 1, Part II (Threshold Requirements), Part A, please add the following at the end of the definition of Vehicle: "For the purpose of this definition it is clarified that a Vehicle may consist of one or more cars. The requirement of a minimum of 25 m applies to the whole Vehicle (the total of its cars) and not to a single car." 2.3. In Volume 1 Part II (Threshold Requirements), Part B, in clause 2.1 please add a new sub-clause iv as follows: "Italian GAAP (including, with respect to the cash flow statements, Standard OIC 10 of the Italian Accounting Board (OIC))" 2.4. In Volume 1 Part II (Threshold Requirements), Part B, please amend clause 3.3 as follows: "Authenticated copies of the Bidder's certificate of incorporation and minutes of incorporation, or an equivalent thereof testifying the incorporation of the Bidder in accordance with the law applicable to the Bidder (under cover of Bidding Form Attachment C1) and declaration of Non-Payment of Commission (Bidding Form Attachment C2). Bidders which are foreign companies and are registered in Israel shall also attach their certificate of registration as a foreign company in Israel (under cover of Bidding Form Attachment C3)." 2.5. In Volume 1 Part II (Threshold Requirements), please replace Appendix 1 with the following: APPENDIX 1 Currencies Conversion 2013 (ILS) 2014 (ILS) 2015 (ILS) 2016 (ILS) USD GBP EURO RMB Signaling and Train Control Addendum no. 5 Page 2 of 12

3 Exchange Rates Sources: (a) The source of the exchange rates of USD, EUR, and GBP above is from the Bank of Israel (BOI). (b) The source of the exchange rates of RMB (Chinese YUAN) above is from the European Central Bank (ECB). Day December 31, 2015 December 31, 2016 Currency New Israeli Shekel (ILS) New Israeli Shekel (ILS) 1 USD (US$) EURO ( ) GBP ( ) RMB Volume 1, Part III Bidding Forms 3.1. In Volume 1 Part III Bidding Forms and Price Proposal, please delete Bidding Form B3 (Independent Auditor s Report), which is not required to be included in the Bid. Additionally, please delete any reference to this form within the tender documents In Volume 1 Part III Bidding Forms and Price Proposal, please replace the following forms with the versions which are attached here with as annexes to the addendum: Annex A Bidding Form C (Bidder's Information) Annex B - Attachment C3 (Certificate of Registration) Annex C Letter of Tender Signaling and Train Control Addendum no. 5 Page 3 of 12

4 Re: Tender 055/2017 for the Signaling and Train Control of the Red Line Project Addendum No. 5 I/We... of Company name acknowledge receipt of Addendum Number 5 - Dated: 12 th July 2017 # Signaling and Train Control Addendum no. 5 Page 4 of 12

5 Bidding Form C - Bidder Information In accordance with Volume 1, Part I (Envelope 1) Name Country of Incorporation Address Bidder s Authorized Representative Name Position (title) Address Telephone number Fax number Address Attachment Forms: Incorporation Documents of the Bidder (Attachment C1) Declaration of Non-Payment of Commission on behalf of the Bidder (Attachment C2) Certificate of Registration of a Foreign Company (Attachment C3) Name of Bidder: Signature of Bidder: Date: Signaling and Train Control Addendum no. 5 Page 5 of 12

6 Attachment C3 - Certificate of Registration (Envelope 1) to be attached by the Bidder, if available. Authenticated copy of the Certificate of registration as a Foreign Company in Israel.)חברת חוץ הרשומה בישראל( under the Israel Corporation Law Signaling and Train Control Addendum no. 5 Page 6 of 12

7 Letter of Tender In accordance with Volume 1, Part I, Sub-Clause 5.3 (Envelope 1) to be completed and signed by the Bidder Date: To: NTA - Metropolitan Mass Transit System Ltd. 26 Harokmim St., Holon. Israel. Sirs, We, (the Bidder), Hereby warrant, represent and declare all of the following: 1. Details of the Bidder Name of the Bidder Business Address, Phone number and Facsimile number of the Bidder Process Agent of the Bidder and its Address Phone number of the Process Agent of the Bidder Signaling and Train Control Addendum no. 5 Page 7 of 12

8 Facsimile number of the Process Agent of the Bidder of the Process Agent of the Bidder Name Profession Title Directors or Executives in the Bidder 2. GENERAL We offer to execute and complete the Works for Design, Development, Manufacture, Procurement, Supply, Installation, Testing, Commissioning, Warranty and Maintenance of the Signaling and Train Control of the Red Line Project ("the Works") and remedy any defects therein in conformity with this Tender, which includes all such documents, for the sums stated in the Price Proposal or such other sum as may be determined in accordance with the terms and conditions of the Agreements. 3. PROFESSIONAL EVALUATION 3.1 We have examined, as an expert, and satisfy ourselves as to all relevant matters and details which can affect the execution of the Works by the Bidder in accordance with the provisions of the Bidding Documents, including without limitation, the scope of Works and the Time for Completion, all risks related thereto and the conditions of the Site. We fully understand the substance of the Works, and have no reservations to the Bidding Documents, the attached Appendix and any Addenda published by NTA for the execution of the Works. Signaling and Train Control Addendum no. 5 Page 8 of 12

9 3.2 We further acknowledge that we are aware of and acquainted with all other entities including all relevant authorities that are, or could be, connected with or affect, the performance of our obligations, and have fully taken into account such entities in the preparation of the Bid. 3.3 Pursuant to our evaluation, we have reasonable grounds for believing and do believe that the performance of our obligations in accordance with the provisions of our Bid and the Bidding Documents, is feasible and practicable. 3.4 We hereby warrant and represent that we possess the requisite financial strength, experience, expertise, means, manpower, equipment, resources, knowledge and know-how, required to perform all of our obligations in accordance with our Bid and the Bidding Documents, should we be awarded the Agreements. 3.5 We execute this document as part of our Bid for the Works. 4. WAIVER OF CLAIMS 4.1 We have no claims and will not have any claims of any kind whatsoever, including with respect to misunderstandings and/or confusion, arising from or related to any damage or expense which may be incurred as a result of any of the provisions of the Bidding Documents and/or regarding the Threshold Requirements (Vol. 1 Part II) and procedures for choosing the Successful Bidder. 4.2 To the extent that we had such claims we submitted such claims prior to the Submission Date. Where we have not made such claims prior to Submission Date, we shall be deemed to have waived any such claims. 4.3 We further undertake that in any event we shall not undertake any legal action intended to delay or halt the Tender process, the execution of the Agreements or the execution of the Works. We hereby waive any right to seek an injunction or interim order or any other temporary remedy or relief from the courts with respect to the Tender process and/or the Works. 5. INFORMATION CONTAINED IN THE BIDDING DOCUMENTS AND/OR PROVIDED TO BIDDERS 5.1 We acknowledge that NTA has made available to us information which it considers relevant for the Works and has allowed us access to the Site for the purpose of evaluation, review and inspection. 5.2 We understand that NTA does not represent or warrant that the information which it has made available to us, is either complete or accurate. It is expressly understood that no information derived from an investigation, or interpretation of the information supplied to us by NTA, by ourselves or by any of our representatives, will in any way, relieve us from any responsibility, risk or obligation to properly fulfill our obligations under the Bidding Documents. 5.3 We acknowledge that we were obliged to evaluate, examine and review the Bidding Documents for Bid Submission, and to notify NTA of any errors or that the Bidding Documents are in any way inadequate, prior to the Submission Date, and that such review is appropriate, given the scope of our responsibilities under the Bidding Documents. 6. THE BID We warrant that our Bid is accurate, complete and up-to-date at the time of the Submission Date, and that our Bid is fully compliant with the provisions of the Bidding Documents and that our Proposal includes within it all works required by the Bidding Documents and by the nature of the Works, at the level of performance contemplated therein. Signaling and Train Control Addendum no. 5 Page 9 of 12

10 7. VALIDITY OF THE BID The Validity of the Bid is twelve (12) months after the Submission Date. We acknowledge that pursuant to the Instructions to Bidders (ITB), Volume 1 Part I, NTA may request us, prior to the expiration of the Bid validity period, to extend the period of validity of our Bid. Concurrently with the extension of the period of validity of the Bid, we shall also extend the Tender Security in accordance with NTA s requirements and the provisions of the ITB. We acknowledge that we shall not be permitted to modify the Bid due to such extension of the validity period. 8. TENDER SECURITY 9. COSTS We acknowledge and agree that NTA shall be entitled, at its sole and absolute discretion, to exercise the Tender Security, or any part thereof, in accordance with the provisions of the ITB (Volume 1 Part I). We acknowledge and agree that in accordance with the provisions of the ITB (Volume 1 Part I), the Tender Security shall be forfeited by NTA as agreed liquidated damages and not by way of penalty, which we and NTA agree is a genuine pre-estimate of NTA's loss the forfeiture of the Tender Security shall not prejudice NTA's rights to pursue any other rights or remedies to which it is entitled by Law. We acknowledge and agree that we shall bear any and all costs associated with the preparation and submission of our Bid. NTA shall not be responsible or liable in any way for any such costs and expenses, regardless of the conduct or outcome of the Tender Process. 10. DISQUALIFICATION We realize that a breach of any of the undertakings, agreements or representations, in part or in entirety, may lead to the disqualification of the Bid. 11. SUB-CONTRACTOR NOTICES 11.1 All notices, demands, requests, approvals and other communications under or in connection with this Tender process, Bidding Documents including this Letter of Tender (in this Section a "Notice" or "Notices"), shall be made in writing and may be sent by registered mail or facsimile A Notice shall be deemed to have been served (i) if sent by registered mail -seventy two (72) hours following the time of its posting; or (ii) if sent by facsimile - twenty four (24) hours following the time of its transmission The business address phone and facsimile number of the Bidder for all Notices is as mentioned above in this Letter of Tender. The address phone and facsimile number for all Notices should be in Israel. Signaling and Train Control Addendum no. 5 Page 10 of 12

11 12. PROCESS AGENT AUTHORIZED REPRESENTATIVE 12.1 We hereby appoint an authorized representative a process agent upon whom court papers may be served on our behalf (the the Authorized Representative Process Agent ). The service at the address of the Authorized Representative Process Agent shall constitute proper service for the purposes of Israel Civil Law Procedure Regulations The address of the Authorized Representative Process Agent should be in Israel The details, address, phone and facsimile number of the Authorized Representative Process Agent of the Bidder is as mentioned above in this Letter of Tender. 13. We acknowledge that the Appendix forms part of this Letter of Tender. 14. We confirm that the Bid is duly signed by the person/persons duly empowered and authorized to sign on behalf of the Bidder and to bind it for all required matters in connection with the Works. We confirm that all pages of the Bid where entries or amendments have been made are duly signed or initialed by the person/s signing the Bid. 15. BIDDER Name and Signature in the capacity of Duly authorized to sign the Bid for and on behalf of. Bidder Address Date BIDDER S LEGAL COUNSEL DECLARATION I, the undersigned, in my capacity as legal counsel of (the Bidder), hereby certify that Signaling and Train Control Addendum no. 5 Page 11 of 12

12 executing the Letter of Tender on behalf of the Bidder, are authorized signatories of the Bidder, and authorized to bind the Bidder for such purpose. Name of legal counsel Signature Date Signaling and Train Control Addendum no. 5 Page 12 of 12