Addendum 1 - 2020-01-27.docx

Commercial Terms and Conditions:

Section B2.04 – At the bottom of the capital spares table, add the following additional items:

Section B2.06 – Delete the first instance of the work “maximum” in the first paragraph, as follows:

“In connection with the performance of this Contract, the Contractor will cooperate with the Owner in its goals with regard to the maximum utilization of Disadvantaged Business Enterprises and will use its best efforts to ensure that Disadvantaged Business Enterprises shall have maximum practicable opportunity to compete for subcontract under this contract.”

In the table, revise “Name/Tel. No. of Contact at Supplier” to “Name/Tel. No./Email of Contact at Supplier” Delete the column at the right titled: “Indicate which Category applies (MBE or WBE)”.

Add the following note to the bottom of the form:

“Note: The value of DBE services and materials shall be calculated in accordance with the requirements of 49 CFR 26.55. In particular, note the difference between a DBE manufacturer vs. a DBE regular dealer.”

Section B2.07 – Delete the lines for WBE and MBE.

Section B2.08 – Replace “SDO or out-of-state certification agency” with “Massachusetts UCP”. Replace “the certification has not been revoked nor has it expired nor has there been any change in the minority status of” to “the certification has not been revoked nor has it expired nor has there been any change in the DBE status of”.

Section B2.10 – Replace “SDO” with “UCP”.

Section B3.02 – Replace Section B3.02, Section 1, e. with:

“e. The following information shall be provided for each of the Bidder and its suggested Sub-contractors:

· Documentation of financial capacity to perform this contract, including audited financial statements for the last 3 financial years and most recent interim financials.

· A list of projects completed within the budget in the past 3 years.

· A list of commitments, and potential commitments which may affect assets, lines of credit, guarantor letters, or otherwise affect the Proposer’s ability to perform the Contract.

· A statement as to any judgments, litigations, licensing violations, or other violations, outstanding or resolved, associated with your company.”

Section C1.01 – Add the following abbreviation and definitions:

Section C7.10.L – Delete items 1, 2 and 3, and replace the prior sentence with the following:

“Copies of MSDS are to be sent in duplicate to the representative designated by the Owner.”

Section C7.10.N – Delete the contact and address listed, and replace with “the contact and location identified by the Owner”.

Section C7.11.A.2 – In the last paragraph, delete “have MBTA Transit Police”.

Section C7.11.A.3 – Replace “MBTA-issued” with “Owner approved”. Replace “MBTA property” with “property of the Owner or its operator”.

Section C9.22B – In the last paragraph, second sentence, replace “encouraged” with “required”.

Section C9.22D – Replace “Massachusetts Supplier Diversity Office (SDO)” with “Massachusetts Unified Certification Program”.

Section C9.22.D.1 – Replace “5__%” with “5%”.

Section C9.22.H – Replace with:

“H. Termination of DBE by Prime Contractor (26.53(f)) A Prime Contractor shall not terminate a DBE subcontractor or an approved substitute DBE firm without the prior written consent of MassDOT. This includes, but is not limited to, instances in which a Prime Contractor seeks to perform work originally designated for a DBE subcontractor with its own forces or those of an affiliate, a non-DBE firm, or with another DBE firm.

MassDOT may provide such written consent only if MassDOT agrees, for reasons stated in its concurrence document, that the Prime Contractor has good cause to terminate the DBE firm.

For purposes of this paragraph, good cause includes the following circumstances:

The DBE subcontractor fails or refuses to execute a written contract;

The DBE subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. Good cause, however, does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the Prime Contractor;

The DBE subcontractor fails or refuses to meet the Prime Contractor's reasonable, non-discriminatory bond requirements.

The DBE subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness;

The DBE subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1,200 or applicable state law;

MassDOT has determined that the listed DBE subcontractor is not a responsible contractor;

The listed DBE subcontractor voluntarily withdraws from the project and provides written notice of its withdrawal;

The listed DBE is ineligible to receive DBE credit for the type of work required;

A DBE owner dies or becomes disabled with the result that the listed DBE contractor is unable to complete its work on the contract;

Other documented good cause that MassDOT determines compels the termination of the DBE subcontractor. Good cause, however, does not exist if the Prime Contractor seeks to terminate a DBE it relied upon to obtain the contract so that the Prime Contractor can self-perform the DBE work or substitute another DBE or non-DBE contractor after contract award.

Before transmitting to MassDOT a request to terminate and/or substitute a DBE subcontractor, the Prime Contractor must give notice in writing to the DBE subcontractor, with a copy to MassDOT, of its intent to request to terminate and/or substitute, and the reason for the request.

The Prime Contractor must give the DBE five (5) days to respond to the Prime Contractor's notice and advise MassDOT and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why MassDOT should not approve the Prime Contractor's action. If required in a particular case as a matter of public necessity (e.g., safety), MassDOT may provide a response period shorter than five (5) days.

In addition to post-award terminations, the provisions of this section apply to pre-award deletions of or substitutions for DBE firms.”

Section C9.22.I.2 – Replace with:

“Reports and other correspondence must be submitted to the DBE Coordinator, or other Owner-designated representative with copies provided to the Project Manager and Deputy Transit Administrator. Reports shall continue to be submitted monthly until final payment is issued or until DBE participation is completed.”

Section C9.00 Attachment B - Sample DBE Reporting Form – Replace “quarter” and “quarterly” with “month” and “monthly” throughout. Correct “DPE” to “DBE”.

General – Throughout the document, replace “Director of Materials” with “Deputy Transit Administrator”.

General – Throughout the document, replace “Materials Management” with “Procurement”.

General – Throughout the document, replace “Chief Procurement Officer” with “Procurement Officer”.

General – Throughout the document replace “Supplier Diversity Office” and “SDO” with “MassUCP” and “Massachusetts Unified Certification Program,” respectively.

General – Replace “MBE” and “WBE” with “DBE”.

Technical Specification:

Section 110.2 – Replace the word “shear” with “sheer” throughout. Replace the second sentence with the following:

“The sheer guard in the bow area which would contact the bow loading receptacle at Long Wharf, Fan Pier, and Logan Airport shall contain hollow, heavy duty rubber fendering held in place by wire cable, turnbuckles and associated hardware or as recommended by the ship builder. All hardware shall be of a material suitable for the marine environment and shall not be susceptible to rusting.”

Section 331.2 – Replace the 3rd sentence with the following:

“Proposed lighting levels shall be included in the Contractor’s design package for Owner review, and shall be suitable for LED lights. Contractor shall provide a justification for the proposed levels, which may include comparisons to other vessels built by the Contractor or applicable standards.”

Section 521.2 – Bilge System, in the second paragraph, add a new third sentence as follows:

“Each bilge system (one per hull) shall also incorporate a deck fitting for bilge pump out, with appropriate valves to allow crew to direct bilge water to be either pumped overboard (normal operation) or pumped dockside for collection.”

Section 421.5 – Replace “Error! Reference source not found” with “988”.

Section 433 – Delete references to an alarm system as follows:

433 Public Address & Alarm Systems

433.1 Public Address & Alarm System

The CONTRACTOR shall provide and install a commercial quality public address and alarm system. This system shall be USCG approved and capable of being heard in all passenger spaces and crew work areas on the vessel (interior and exterior). The system shall be operated from the pilothouse and shall be capable of making dual mode, audible and visual, announcements as well as sounding and displaying visually all alarms. The system shall be ADA compliant, showing lighted alarms suitable for the hearing impaired, and meets meeting or exceeds exceeding the requirements contained within PVAG 218 and 219. Power shall be supplied by an emergency power circuit. PA speakers shall be ceiling recessed style.

The public address and alarm system shall be complete and shall incorporate the following equipment:

· Pilothouse microphone

· AM-FM tuner with marine antenna

· Amplifier

· Exterior and interior speakers

· Volume control module

· Equalizer module

· Power conditioner module The system shall be split into exterior and interior zones.

This system shall be designed to function in tandem with the Passenger Information System described in 434.3. In the event of an emergency, passengers shall be alerted by four two functions:

· Audible alarm

· Visual light alarm

· PA announcement

· Visual electronic sign information The public address and alarm systems shall be supplemented in the main deck interior passenger spaces by an Induction Loop System to benefit hearing impaired patrons (See Section 434.4).

Section 436.2 – Replace the first sentence with the following:

“The Contractor shall provide and install on the vessel’s upper deck USCG approved IBA units with adequate capacity for the maximum number of passengers and crew, per the USCG Certificate of Inspection.”

Section 625.1 – In the first paragraph, 5th sentence, replace “All windows” with “The aft-facing windows”.

Section 645.2 – In the first paragraph, replace the first sentence with the following:

“The main deck passenger cabin shall be fitted with tables and seating for a minimum of 110 passengers and two (2) ADA mobility device positions conforming to the requirements of the US Access Board Accessibility Guidelines. Should Contractor’s design allow for additional seating in the main deck passenger cabin, this would be considered beneficial.”

Section 651 – In item 7, delete “,hard wired”. In item 8, after “chest cooler” add “, or comparable capacity”.

Clarifications:

The following information is provided as clarification and does not make any changes to the technical specification or commercial terms and conditions.

Engine Operating Information:

The vessel should be capable of operating up to 10 round trips between Lynn and Boston. The one-way trip is approximately 13-14 nautical miles, depending on the Boston dock location. It is estimated that up to 9 nautical miles of the trip would be at service speed (85% power) or higher, while nearly all of the remaining travel would be at a reduced speed of 8-15 knots. Service could be spread over up to 18 hours per day, with peak period turnarounds lasting only as long as required to debark and embark passengers, i.e. no more than 5 minutes. Mid-day layovers can be expected to be longer, up to an hour.

Annual operating hours may be up to 3,000.

Hydrofoils:

A bidder is not precluded from proposing a hydrofoil feature and associated costs and benefits in its bid proposal.