MassDOT – MBTA
Request for Proposals
Air Rights Parcels 13 & Hynes Convention Center Station
Boylston Street and Massachusetts Avenue
Boston, MA
Addendum 4
December 8, 2014
The joint Office of Real Estate and Asset Development (“OREAD”) for the Massachusetts Department of
Transportation (“MassDOT”) and the Massachusetts Bay Transportation Authority (the “MBTA”),
hereby makes the following amendments, additions, and clarifications to the “Request for Proposals;
September 2, 2014; Air Rights Parcel 13 & Hynes Convention Center Station, Boylston Street and
Massachusetts Avenue, Boston, MA” (together with all figures, appendices and prior addenda thereto, the
“RFP”) issued by OREAD. This Addendum 4 and all attachments to it are hereby made a part of the
RFP. To the extent that there is any conflict or inconsistency between this Addendum 4 and the text of
the RFP, the language of this Addendum 4 shall govern. In all other respects the content and
requirements of the RFP remain unchanged and in force. Capitalized terms not defined in this Addendum
4 shall have the meanings set forth in the RFP. All Reservations and Conditions in Section VIII of the
RFP shall apply fully to the information in this Addendum 4. References to section, subsection,
paragraph, subparagraph, or page numbers or names are to those in the RFP unless otherwise noted.
MassDOT does not warrant the accuracy, currency, completeness, or correctness of any of the
information in this Addendum 4.
1. Selection Deposit and Development Deposit. Section V.C.6 and Section V.C.7 of the RFP describe
the Selection Deposit and Development Deposit required from the Selected Developer, respectively.
Both the Selection Deposit and the Development Deposit shall be held in a segregated account on
MassDOT’s books and upon execution of the Lease for the Air Rights Development, both deposits
shall be applied to Rent due and payable after the date of Lease execution. The following new
sentence to be inserted immediately after the second sentence in Section V.C.7 of the RFP is provided
to clarify that the Development Deposit is treated in same manner as the Selection Deposit:
“Upon execution of the Lease by MassDOT and the Selected Developer, the
Development Deposit will be applied to Rent, as defined therein.”
Notwithstanding the foregoing change, all other references in Section V.C.6 and V.C.7 including the
events that shall result in forfeiture of the Selection Deposit and Development Deposit, respective,
remain intact.
2. Developer. Section VI.C.2.a and b. of the RFP asked each Proposer to provide certain specified
information about the primary developer, including the name of the specific entity that will enter into
the MassDOT Development Agreement and Lease for the Air Rights Development and the MBTA
Station Improvements Agreement as well as the type of entity (e.g., limited partnership, limited
liability company, corporation) and to identify any companies of which that development entity is a
subsidiary or with which the development entity is affiliated as well as a complete list of any and all
persons who have or will have a direct or indirect beneficial interest in the Air Rights Development.
In the event Proposer contemplates any joint venture or partnership with any other entity, the
Proposer shall provide a detailed description of the role of each party, member and/or partner
including without limitation level of commitment, level of financial interest, level of financial
obligations, operational responsibilities, role in management and decision-making, and authority to
act on behalf of the joint venture or partnership.
In connection with the foregoing, in response to this Addendum 4, all Proposers shall review their
original Proposals, provide to MassDOT additional information as may be necessary to fully comply
with this provision, including, without limitation any clarifications, changes, or updates with respect
to the members of the proposed developer team. If no such changes are contemplated, then a
Proposer shall state this unambiguously in its response to this Addendum 4. In addition, each
Proposer must provide to MassDOT evidence of any and all commitments by all parties, members,
partners and/or affiliates of the Proposer such as letters of intent, letter of commitment, term sheets,
partnership agreements and/or operating agreements, including those previously included in the
original Proposal.
3. M/WBE Goal and Participation. Section IV.B.3 of the RFP describes the Supplier Diversity
Program to promote supplier diversity in public contracting and the institution of policies to
encourage state contract awards that develop and strengthen certified Minority and Women Business
Enterprises (“M/WBE”s). In connection with that policy, each Proposer shall submit the below
requirements.
a. The Proposer shall provide a completed M/WBE Utilization Form, attached hereto as Schedule 1,
indicating the percentage of the cost for design services associated with the Station Improvements
to be supplied by qualified minority and women owned business enterprises (M/WBEs) under the
Station Improvements Designer Contract. Such percentage must at a minimum be SIXTEEN
PERCENT (16%) For purposes of this requirement, MassDOT/MBTA will only accept M/WBEs
that are certified by the Massachusetts Supplier Diversity Office (formerly known as the State
Office of Minority and Women Business Assistance) at the time of proposal opening.
b. The Proposer shall provide an M/WBE Participation Schedule identifying those qualified
M/WBEs with whom the Proposer intends to contract for the performance of the portions of the
work under the contract, the work to be performed by each qualified M/WBE, a proposed
timetable for the performance or delivery of the contract item, and other information as required
by the M/WBE Participation Schedule form attached hereto as Schedule 2. No work shall be
included in the Schedule that the Proposer has reason to believe the listed M/WBE will
subcontract, at any tier, to other than another M/WBE.
c. The Proposer shall provide a completed M/WBE Letter of Intent from each M/WBE listed in the
M/WBE Participation Schedule using the form attached hereto as Schedule 3, and a copy of the
most recent certification letter or other documentation establishing the M/WBE certification of
each M/WBE listed on the M/WBE Participation Schedule, and an M/WBE Affidavit executed by
each M/WBE listed in the M/WBE Participation Schedule stating that there has not been any
change in its status since the date of its last certification, using the form attached hereto as
Schedule 4.
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d. The Proposer shall provide a narrative explaining how the Proposer intends to ensure overall
compliance with the MBTA’s policy of promoting equity and opportunity for M/WBEs and the
good faith efforts it has made to obtain M/WBE participation. The Proposer shall include in the
narrative the strategies it has and will use to obtain sub-consultants and suppliers, including but
not limited to documented communication with the Authority’s Office of Diversity and Civil
Rights, use of information concerning M/WBE subcontracting opportunities provided by MBTA,
the Proposer’s solicitations to obtain M/WBE involvement in general circulation media, trade
association publications, minority-focused media and other reasonable and available means
within sufficient time to allow M/WBEs to respond to the solicitation, written notification to
M/WBEs encouraging participation in the proposed contract, and efforts made to identify specific
portions of the work that might be performed by M/WBEs. At a minimum, the Proposers should
provide the names, addresses, telephone numbers of M/WBEs that were contacted, a description
of the information provided to targeted M/WBEs regarding RFP’s work requirements, and efforts
made to assist M/WBEs contacted in obtaining bonding or insurance required by the Proposers or
by the Authority. Proposers are referred to 49 CFR Part 26 for additional guidance concerning
actions that are commonly considered good faith efforts to obtain M/WBE participation.
e. The Proposer shall provide a narrative explaining how during performance of the Station
Improvements Designer Contract it will maintain continued efforts to preserve and enhance
M/WBE participation. Included within this narrative should be a description as to how the
Proposer will interface with MBTA for outreach and assistance generally and with respect to the
specific issues below. The narrative should describe how the Proposer will abide by the
monitoring and reporting requirements that will be included in the Station Improvements
Designer Contract, a summary of which are attached hereto as Schedule 5. Moreover, the
narrative should describe dispute resolution procedures the Proposer will institute under its
subcontracts with M/WBEs to encourage amicable resolution of disputes and continued
performance by the M/WBEs. Finally, the narrative should describe procedures and guidelines
for the termination of M/WBEs as well as for the identification and selection of substitutes.
f.
The Proposer shall, upon request by OREAD, make an oral presentation explaining how the
Proposer intends to ensure overall compliance with the MBTA’s policy of promoting equity and
opportunity for M/WBEs and the good faith efforts it has made to obtain M/WBE participation.
4. MassDOT Development Agreement and Lease Terms. Section V.C and Section V.D of the RFP
set forth terms and conditions that will be included in the MassDOT Development Agreement and/or
the Lease. By submission of its Proposal in response to the RFP, each Proposer has acknowledged
and agreed to accept such terms and conditions for the Air Rights Development Parcel. The
following provides clarification to certain of those terms and conditions as well as additional terms
and conditions that will be included in the MassDOT Development Agreement and/or the Lease.
Each Proposer is required to acknowledge and accept these conditions explicitly in its response to this
Addendum 4.
a. Lane Closures. Section V.C.19 of the RFP set forth the terms and conditions regarding lane
closures on the Massachusetts Turnpike. Attached hereto as Schedule 6 is the referenced
MassDOT’s Lane Closure Policy, as the same may be amended, with which the Selected
Developer shall comply.
b. Chief Engineer Requirements. Section V.C.12 of the RFP set forth terms and conditions
regarding MassDOT review processes for various stages of design drawings and materials, as
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well as any future changes or additional construction on the Parcel. In connection with the
foregoing, MassDOT’s review will encompass such guidelines, standards, directives, orders,
permits, licenses, criteria, conditions and requirements as deemed necessary or desirable by the
Chief Engineer of MassDOT in its reasonable discretion, as to any work to be undertaken or
conducted by the Selected Developer in, on, within, or over the Air Rights Parcel. Proposers are
advised that the protection of state transportation facilities will be a primary concern of both
MassDOT and MBTA in any development project. Issues affecting the integrity, safety, or
efficiency of highway or transit facilities will not be subject to negotiation or any binding dispute
resolution process.
c. Air Rights Inspection Protocol. Attached hereto as Schedule 7 is that certain MassDOT Policy
Directive entitled, “Tunnel Inspection and Testing Protocol for Roadways Covered by Air Rights
Development,” dated as of December 14, 2007, as the same may be amended, with which the
Selected Developer shall comply as the same relates to any portion, element, system or
component of the Air Rights Development Project. In particular, Selected Developer agrees that
MassDOT shall have a perpetual right and easement to access such portions of the Air Rights
Development leased premises as deemed necessary to inspect, test or take other actions deemed
necessary in the reasonable discretion of MassDOT’s Chief Engineer to comply with the Air
Rights Inspection Protocol.
d. Demolition, Stabilization and Restoration Guaranty. As a condition precedent to MassDOT’s
execution and delivery of the Lease, the Selected Developer shall provide a guarantee or other
assurance satisfactory to MassDOT (to be secured by a Letter of Credit or other assurance
satisfactory to MassDOT) in an amount sufficient to cover, at MassDOT’s election, either: (i)
costs of demolition of uncompleted construction and site restoration; or (ii) costs of building
stabilization and weatherization, should the Selected Developer fail to complete the Air Rights
Development Project. The entity providing the guarantee must be acceptable to MassDOT. The
amount of the guaranty shall be based on the assumption that the building permit for the Project
will be delivered on the outside closing date, one of the Project milestones to be established
between the Selected Developer and MassDOT during negotiation of the Development
Agreement. The letter of credit shall be released upon the Project achieving a weather-tight
condition.
e. Completion Guaranty. As a condition precedent to MassDOT’s execution and delivery of the
Lease, the Selected Developer shall provide an enforceable guarantee and/or other assurance
satisfactory to MassDOT, together with adequate security, if MassDOT so determines in its
discretion. The entity providing the guarantee must be acceptable to MassDOT. Notwithstanding
the foregoing, in the event the Selected Developer’s construction lender for the Air Rights
Development requires a completion guaranty, MassDOT will subordinate its guarantee interest
behind such lender’s.
f.
Payment, Performance and Lien Bonds. As a condition precedent to MassDOT’s execution and
delivery of the Lease, the Selected Developer shall deliver to MassDOT payment, performance
and lien bonds in a form acceptable to MassDOT or other security acceptable to MassDOT,
naming MassDOT as a dual obligee, or other assurances acceptable to MassDOT in its discretion.
g. Insurance, Terrorism. The Selected Developer will be required to carry at its sole cost and
expense an “all risk” property and casualty insurance policy that shall insure all of the Air Rights
Development Parcel improvements, including construction work in progress and support
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components (e.g., supporting columns, bearing walls, retaining walls and other supports together
with the footings therefor and all components and elements thereof or related thereto) against
risks of physical damage and loss as insured on a “special risks” form acceptable to MassDOT to
cover any acts of terrorism deemed to be an act of terrorism pursuant to the federal Terrorism
Risk Insurance Act of 2007.
h. Milestones and Force Majeure. As described in Section 5.C.23 of the RFP, the Selected
Developer will be required to meet certain proscribed milestones. These will include, at a
minimum: fixed outside dates specified in the Development Agreement by which the conditions
precedent to Lease closing must be met and the Lease fully executed; a fixed date specified in the
Lease for commencement of construction; and a fixed date specified in the Lease by which
construction must be substantially complete. Failure to meet any of these milestones will be a
terminable event of default under the Development Agreement or Lease.
In connection with the foregoing, provision will be made for customary force majeure for delays
and hindrances incurred by Selected Developer due to acts of God, fire or other casualty, war,
public disturbance and/or strikes or other labor disturbances not attributable to the failure of
Selected Developer to perform its obligations under any applicable labor contract or law and
directly and adversely affecting same In connection with obtaining permits and approvals for the
Air Rights Development Agreement, an additional force will be conditioned on the good faith and
diligence of the Selected Developer and the absence of any defaults, whether related to the force
majeure event or not. Notwithstanding the foregoing, neither the inability to obtain financing or
Selected Developer’s financial condition shall constitute a force majeure event.
i.
Utility Easements. As a matter of federal and state policy, MassDOT is not able to agree to grant
utility easements on its fee within the highway right-of-way in connection with the Air Rights
Development project. If necessary, MassDOT will allow the Selected Developer to grant
easements for utility connections to the project, provided that such utility easement is
subordinated to the Lease and limited by the term of the leasehold.
5. Station Improvements Design Approach. As was presented throughout the RFP, the entire Project
is intended to be an integrated approach to the design and construction of the Air Rights Development
and the Hynes Station Improvements. While the Air Rights Development portion of the Project has
rightly been the topic of much discussion and presentation both before OREAD and other public
bodies, the Station Improvements portion has not. Proposers are asked to provide its development
team’s approach to determining the elements, the design approach and the passenger amenities that a
21st century transit station should contain. It is suggested each of the Proposer’s teams look at
examples in the Hong Kong, Singapore and other systems both in the United States and abroad.
6. Structural Accommodation of Future Bridge Repairs and Replacement. Because it is anticipated
that the proposed Air Rights Development will have a structural life span longer than the existing
Boylston Street and Massachusetts Avenue bridges, Proposers must provide a brief, conceptual
description of how the proposed structural design will allow MassDOT to perform both minor and
major repairs and replacements of the Boylston Street and Massachusetts Avenue bridges without
requiring demolition or removal of large portions of the Air Rights development or incurring
extraordinary costs. Particular, but not sole, attention should be paid to the future replacement by
MassDOT of the transverse beams supporting the Boylston Street bridge, especially if the proposed
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Air Rights Development design contemplates buildings over these beams. These descriptions should
be narrative; they should not go into great technical detail.
7. Outstanding Requests for Information/Clarification. By electronic mail on November 21, 2014
and during the interviews with OREAD on November 24, 2014, all Proposers were asked to provide
certain additional information and documentation to clarify their Proposals. To the extent that any
such materials remain outstanding, Proposers must submit same with the response to this Addendum
no later than the deadline set forth for responses to this Addendum 4 below in Section 10.
8. Proposal Clarifications and Revisions. In connection with each of the Proposals, OREAD directed
questions to each Proposer during interviews regarding the financial proposal. MassDOT has also
had the benefit, both in the interview and the public CAC presentations and meetings, to hear
concerns about how the various proposals addressed development of the property. Each Proposer
shall respond in writing to the questions and requests for additional information below.
a. Program.
i.
Floor areas. With respect to program areas, clarify whether any adjacent or other off-site
facilities are or are not included in the floor areas.
ii. MBTA parking. Identify the location for the MBTA vehicle parking.
b. Schedule. Provide an updated schedule. Please explain and discuss the permitting, design and
construction phasing assumptions.
9. Best and Final Offers. OREAD also has reviewed and evaluated the financial proposal and financial
feasibility of each proposed project. OREAD is seeking the further clarifications and additional
information about each Proposer’s financial proposal, and is allowing – but not requiring – Proposers
to submit a “Best and Final Offer.” There is no requirement to change original financial offers, but if
a Proposer would like to revise and/or restructure its Rent offer, MassDOT will accept revised offers
using the Revised Rent Form, Schedule 8, attached hereto. It is expected that any revisions to rent
offers will increase and/or restructure the offer; OREAD will not entertain decreases in the Rent
offered in the original Proposals. The Revised Rent Form has been revised for purposes of clarifying
all the bids. All Proposers must complete all relevant sections of the Revised Rent Form, even if a
Proposer elects not to revise its bid. Proposers are not to make changes to the form itself.
a. Revised Rent Offer. Please provide a “Best and Final Offer”. It is OREAD’s objective to receive
payments from the Selected Developer in a time frame that such payments can be used to fund
portions of the Station design and/or construction. In preparing the Revised Rent Offer, please
note the following:
i.
Non-recurring Rent. When listing “Non-recurring rent”, please list the event at which it will
be due and payable. Examples of “events” shown on the Revised Rent From include:
Development Agreement, Lease Execution, Station design completion, MEPA certification,
Article 80 approval, Construction commencement, and Certificate of Occupancy. Proposers
may wish to tie payments to other events.
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ii. Fee Deposit. The Fee Deposit is not considered Rent and should not be included on the
Revised Rent Form. The Fee Deposit, as it may be replenished, will be used to cover
MassDOT’s Third-Party Costs, as described in Section V.C.5 of the RFP, subject to the
provisions of Section V.C.23 of the RFP.
iii. Submission and Development Deposits. The Submission Deposit and Development Deposit
should be included in the first payment of Rent due at Lease closing, rather than listing them
as separate payments. As described in Section V.C.6 of the RFP, MassDOT does not credit
these payments until the closing, at which time they will be applied to Rent, subject to the
provisions of Section V.C.23 of the RFP.
iv. Pre-construction Rent. As provided in Section V.C.8 of the RFP, Pre-construction Rent also
is not considered to be a component of the Rent offer. The amount of Pre-construction Rent
is already established, and is not applicable to Rent due under the Lease. Pre-Construction
Rent will serve as an incentive for the Selected Developer to complete Pre-construction
activities and proceed to Lease closing as quickly as possible.
v. Participation or performance-based Rent. If any Proposer elects to provide percentage
and/or performance-based rent, including payments at time of future sales or re-financings,
please provide backup and analysis as to the manner by which payments are calculated. If
these payments are offered, payments placing MassDOT’s rent deep within a “waterfall”
structure will be discounted significantly in MassDOT’s comparative analysis.
vi. Additional Rent for Additional Density. If any Proposer is able to obtain City approval of
additional density beyond that shown in its Proposal, MassDOT expects that OREAD will
share in the financial benefit as to same. Please indicate in Section ___ of the Revised Rent
Form a proposed formula for calculating additional rent on a “per units” and/or “per GSF”
basis. Please note that OREAD will not entertain any decreases in the Rent offer if the
Selected Developer is unable to obtain permits for the density indicated in the Proposal.
vii. Project Financial Projections. To the extent changed by the Best and Final Offer or not
previously provided, provide a the Project Financial Projections described in Section VI.D.3
of the RFP, including a development Budget and operating pr-forma.
b. Financial Feasibility Questions and Requests for Information. With respect to the financial
feasibility of the proposed project, please provide responses to all questions and requests for
information below:
i.
Land value. Provide the pre-premium land value on a per-gross-square-foot basis for each
use and for the project as a whole. Explain how the residual land value was calculated from
these values. Provide a simple table showing this calculation, as shown below:
Market Land Value (unencumbered)
Less Extraordinary Cost—Deck
Plus Typical Foundation Cost
Less Net Premium Cost
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$____ per GSF
($____) per GSF
$____ per GSF
($____) per GSF
7
Less Other extraordinary costs, if any (specify)
Air Rights Land Value
($____) per GSF
$____ per GSF
ii. Sales and rent assumptions. Provide backup as to how the rent and sales price assumptions
for various project uses were derived.
iii. Project returns. Show the returns and how they are calculated on the major project
components: retail, rental housing, condominiums, student residences, hotel, and parking.
To the extent applicable, provide separate financial analyses of the for-sale and rental
components, demonstrating how the calculated returns on each are sufficient to raise the
required equity.
iv. MBTA space costs. Developer cost elements for the MBTA Station Improvements that are
carried as part of the Air Rights Development project costs to be paid for by the Selected
Developer, including:

Core and shell space for the two MBTA Hynes Convention Station entrances included
within the Air Rights Development. This figure should not include any costs for fitting
out or equipping these spaces, on the design and construction of the spaces for the
entrances.

Core and shell space for the MBTA electrical equipment, including the new locations for
the rectifying transformers, the unit substation, and the primary switching station. This
figure should not include the cost of acquiring or installing any of the electrical
equipment, only the design and construction of the spaces into which they will be
relocated.
v. Deck premium. MassDOT needs to understand the deck premium, not just the cost of the
deck. Each Proposer should provide an estimate of the deck premium, including the deck
cost, less the cost of a conventional foundation for a comparable building.
vi. Partners and investors. Provide the following information regarding partners and investors:

How will financing be structured? Who will provide the financing? Provide evidence of
the ability of the Officers and Owners to raise the equity cited.

Provide any letters of commitment from investors.

Provide any commitment letters for partners that are contributing equity to the project in
the form of land or buildings, and include any such contribution the financial analysis.
10. Deadline to Respond to Addendum 4. All Proposers must respond to this Addendum 4 on or before
10:00 AM on Monday, December 15, 2014 by delivering responses to this Addendum 4 in two
formats:
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a. Electronic format. Proposers must send both a PDF version and a MS Word version (to facilitate
formatting for website posting) to MassDOT.RE@dot.state.ma.us MassDOT.RE@dot.ma.us with
the subject line “PARCEL 13 PROPOSAL – ADDENDUM 4 SUBMISSION.”
b. Paper format. Proposers must deliver a single paper original of the Addendum 4 Submission by
hand to the Office of Real Estate and Asset Development, Massachusetts Department of
Transportation, State Transportation Building, Ten Park Plaza, Suite 5720, Boston, MA 02116,
ATTN: PARCEL 13 PROPOSAL ADDENDUM 4. Please note that all provisions regarding
delivery of proposals in Section VI.2 of the RFP apply to the delivery of the paper response.
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SCHEDULE 1
M/WBE UTILIZATION FORM
In connection with the performance of this contract, the Proposer will cooperate with the MBTA
in meeting its commitments and requirements with regard ensuring opportunities for creating a
level playing field on which M/WBEs can compete fairly for opportunities. The Proposer shall
complete and submit this M/WBE Utilization Form with its proposal to be included in the
Station Improvements Designer Contract.
What percentage of the cost for design services associated with the Station will be performed or
supplied by certified M/WBEs? TOTAL M/WBE UTILIZATION: _________%
NOTE: For each M/WBE supplying or performing a percentage of the contract amount, you
must complete the attached M/WBE Participation Schedule.
To the extent that the Proposer has not been able to secure M/WBE participation, the Proposer
shall attach documentation demonstrating its good faith efforts to secure M/WBE participation.
I hereby certify that the above information is true and accurate to the best of my knowledge:
PROPOSER: ________________________________________________________
AUTHORIZED ________________________________________________________
SIGNATURE:
NAME (PRINTED): ________________________________________________________
TITLE: ________________________________________________________
DATE: ________________________________________________________
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SCHEDULE 2
M/WBE PARTICIPATION SCHEDULE
The Proposer shall complete the following information for any M/WBE for which a percentage
is given in the M/WBE Utilization Form. The Proposer shall furnish the name and telephone
number of the appropriate contact person should the Authority have any questions in relation to
the information furnished herein.
Name of
Supplier or Subconsultant
and Category
(Indicate MBE
or WBE)
Address and
Contact
Information
Description and
Type of Service
to be Performed
or Material to
be Supplied
Beginning /
Duration
Percent of
M/WBE
Participation
(Use additional sheet of paper, if necessary.)
PROPOSER: ________________________________________________________
AUTHORIZED ________________________________________________________
SIGNATURE:
NAME (PRINTED): ________________________________________________________
TITLE: ________________________________________________________
DATE: ________________________________________________________
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SCHEDULE 3
M/WBE LETTER OF INTENT
(TO BE COMPLETED BY M/WBE FIRM)
Name of Proposer Firm:
Address:
City:
State:
Zip:
State:
Zip:
Name of M/WBE Firm:
Address:
City:
Telephone:
Description of work to be performed by M/WBE firm:
The Proposer is committed to utilizing the above-named M/WBE firm for the work described
above.
The above work will not be sublet to a non-disadvantaged business enterprise at any tier. The
undersigned will enter into a formal contract for the above work with the Proposer conditioned
upon the Proposer’s award and execution of a contract with the MBTA.
Affirmation
The above-named M/WBE firm affirms that it will perform the portion of the Agreement as
stated above.
By:
(Signature and Title of Authorized Official)
Date:
If the Proposer is not the Selected Developer, any and all representations in this Letter of
Intent and Affirmations shall be null and void.
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(Proposer shall submit this page for each M/WBE subconsultant.)
SCHEDULE 4
M/WBE AFFIDAVIT
STATE OF
Date:
COUNTY OF
S.S.
The undersigned being duly sworn, deposes and says that he/she is the
(Sole Owner; Partner, President, Treasurer, or Other Duty Authorized Official of a Corporation)
of
(name of M/WBE)
and certifies that since the date of its certification by
(SDO)
the certification has not been revoked nor has it expired nor has there been any change in the
minority status of
(Name of M/WBE)
(Signature and Title of Person Making Affidavit)
Sworn to before me this
day of
, 20
Notary Public:
My commission expires:
NOTE: The Proposer must attach the M/WBE’s most recent certification letter or other
documentation establishing M/WBE cetification to this affidavit.
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SCHEDULE 5
STATION IMPROVEMENTS DESIGNER CONTRACT PROVISIONS
C#. EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
A.
B.
The MBTA is committed to Affirmative Action and Equal Opportunity and
expects Proposers to adopt, at minimum, the same level of commitment to equal
opportunity and the creation of a diverse workforce that is inclusive of minorities
and women.
1.
In connection with the execution of this contract, the consultant shall not
discriminate against any employee or applicant for employment because
of race, color, sex, national origin, religion, age, disability or veteran
status.
2.
The consultant shall take affirmative action to insure that applicants are
employed, and that employees are treated during their employment
without regard to race, age, religion, color, sex, national origin, disability
or veteran status.
3.
Such actions shall include, but not be limited to the following;
employment, upgrading, demotion, or transfer; layoff, or termination; rates
of pay, or other forms of compensation; and selection for training,
including apprenticeship.
4.
The Massachusetts Bay Transportation Authority is an equal opportunity
employer. Upon request, the consultant shall provide certification(s) of
compliance with Federal and State Equal Opportunity Laws.
Contract Assurance
The Proposer and its consultants, consultants, subconsultants, and suppliers shall
not discriminate on the basis of race, color, national origin, sex, or other protected
category as defined by Massachusetts law in the performance of this Contract or
any contracts funded in whole or in part with financial assistance from the
Commonwealth of Massachusetts.
The Proposer shall take all necessary and reasonable steps to ensure
nondiscrimination in the award and administration of contracts funded in whole or
in part with financial assistance from the Commonwealth of Massachusetts.
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C# MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION
(M/WBE)
The M/WBE participation documentation and associated forms: the M/WBE Utilization
Form, M/WBE Participation Schedule, M/WBE Letter of Intent, and M/WBE Affidavit,
along with the consultant’s approved M/WBE Plan are incorporated by reference into the
contract.
Upon award of the contract and on a quarterly basis thereafter, the consultant must
submit executed subcontracts or purchase orders to the MBTA for all M/WBE identified
on the M/WBE Participation Schedule.
A.
Purpose
It is the policy of the Commonwealth and the MBTA to promote equity of
opportunity in state contracting; and, to that end, encourage full participation of
minority and women owned businesses in all areas of state contracting. It is the
MBTA’s intention to create a level playing field on which minority and women
owned businesses can compete fairly for contracts. It is also the MBTA’s goal to:
B.
•
Ensure nondiscrimination in the award and administration of contracts
funded in whole or in part with financial assistance from the
Commonwealth of Massachusetts;
•
Ensure efforts to promote contracting with minority and women
owned businesses are narrowly tailored in accordance with applicable
law;
•
Help remove barriers to the participation of minority and women
owned businesses in contracts funded in whole or in part with financial
assistance from the Commonwealth of Massachusetts; and
•
Assist in the development of minority and women owned firms that
can compete successfully in the marketplace.
M/WBE Participation
The Authority strongly encourages the use of Minority Owned and Women
Owned Business Enterprises (M/WBE) as consultants, contractors,
subconsultants, subcontractors, and suppliers. This is in addition to all other
equal opportunity employment requirements of this Contract. The consultant
shall cooperate with the Authority to seek opportunities for M/WBE participation.
The consultant shall exercise good faith efforts to achieve this goal.
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C.
Termination of M/WBE Subconsultant
The consultant shall not terminate for convenience the M/WBE subconsultant (s)
listed in the M/WBE Participation Schedule and then perform the work of the
terminated M/WBE subconsultant with its own forces or an affiliate, without the
MBTA’s prior written consent. When a M/WBE subconsultant is terminated or
fails to complete its work on the Station Improvements Designer Contract for any
reason, the consultant shall make good faith efforts to find another M/WBE
subconsultant to substitute for the original M/WBE and immediately notify the
Authority in writing of its efforts to replace the original M/WBE.
D.
Continued Compliance
The Authority shall monitor the Proposer’s M/WBE utilization during the life of
the contract. The Proposer shall submit quarterly written reports to the Authority
that summarize the total M/WBE value for this contract. These reports shall
provide the following details:
•
M/WBE utilization established for the contract;
•
Total value of expenditures with M/WBE firms for the quarter; and
•
Total value of expenditures with M/WBE firms from inception of the
contract.
Reports and other correspondence must be submitted to the Director of
Compliance, Office of Diversity and Civil Rights with copies provided to the
Project Manager. Reports shall continue to be submitted quarterly until final
payment is issued or until M/WBE participation is completed.
The consultant shall permit the Authority to have access to necessary records to
examine information as the Authority deems appropriate for the purpose of
investigating and determining compliance with the M/WBE participation
provisions, including, but not limited to, records of expenditures, invoices, and
contract between the consultant and other M/WBE parties entered into during the
life of the contract.
All data and record(s) pertaining to M/WBE participation shall be maintained by
the consultant.
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SCHEDULE 6
LANE CLOSURE POLICY
MassDOT District 6
Turnpike Coordinating Group
Policy on Access to Perform Work on the Massachusetts Turnpike
There is hereby established the Turnpike Coordinating Group (TCG). The TCG shall be the
official MassDOT organization responsible for coordinating and scheduling all work on the
Turnpike and shall set the conditions under which any work shall take place. The TCG shall be
under the control and supervision of the District Engineer.
Developers and contractors wishing to undertake work within the right of way of the turnpike are
required to work through the TCG. The TCG exists to ensure that all work required by contractors
or by MassDOT is undertaken in a safe, coordinated, convenient and professional manner. The
Group is further intended to provide guidance to private developers or contractors on meeting the
scheduling needs of all projects taking place on the turnpike.
Prior to the start of any work, any Contractor requesting scheduled time on the turnpike shall meet
with MassDOT Operations & Maintenance or designee to review the Contractor’s work plan on
regarding the approach to execution of the various work items including the amount of crews the
Contractor intends to utilize nightly, and the level of needed traffic support that anticipated. The
Contractor’s plan shall work within the limits of the Traffic Management Plan (TMP) contained
within the pre-approved plans/permit, and shall be approved by District Operations & Maintenance
or assigned Engineer. If the Contractor requires access to locations beyond those shown in the
Contract TMP’s, the Contractor shall submit a new Traffic Management Plan stamped by a
Massachusetts Registered professional Engineer for review and approval.
The Contractor shall submit all Access Work Requests (AWR) to the Engineer as necessary to
perform the work. Each Thursday, MassDOT will have an access meeting of the Turnpike
Control Group to discuss proposed work for the following week. The meeting will take place at
9 A.M. on the 10th floor of 185 Kneeland Street, Boston, MA. The meeting is for MassDOT to
coordinate all entities that are requesting access to MassDOT facilities. All work shall be
scheduled through MassDOT’s access procedure as outlined in the permit/contract and as
discussed at a pre-construction meeting (see Figure 1, “Access Work Request” form). At the
pre-construction meeting, developers and contractors shall discuss future requests for access with
the District Engineer or his designee.
The Contractor shall notify the Engineer in writing two (2) weeks in advance of any proposed
temporary roadway closures necessary to complete the work.
While the District Engineer may apply specific conditions to any project, several general
considerations apply to all projects. These include, but are not limited to the following:
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•
No roadways, ramps or travel lanes shall be closed to traffic without prior written approval
of the District Operations & Maintenance Engineer and all appropriate detours have been
approved.
•
Signs having messages that are irrelevant to normal traffic conditions will be removed or
properly covered at the end of each work period. Signs are to be kept clean at all times,
and legends shall be distinctive and unmarred.
•
All work in the supply and exhaust air plenums (above ceiling, behind occasional wall
panels and below the roadway) shall conform to MassDOT’s confined space access
procedures. All personnel shall be required to attend confined space entry training prior to
entering the plenums. MassDOT will provide the training for the Contractor’s personnel at
a date, time and location to be determined.
•
The Contractor shall provide all necessary personal protective equipment including
equipment for confined space access for its own personnel and sub-contractors.
•
The Contractor shall take precautions to the satisfaction of the Engineer that all tools,
equipment, materials, etc, be secure while transporting, utilizing, or installing to ensure that
objects cannot fall onto live traffic on the roadway below while working above the
roadway in the exhaust air plenum.
•
Electricity and lighting shall be supplied by the Contractor. The use of any flammables is
prohibited within the tunnel plenum systems. The use of water is to be controlled in a
fashion to ensure absolutely no water spills inside of the tunnel system. Temporary
electrical power sources or other utility services that are needed to complete the work shall
be considered incidental to the work.
In all matters relating to access to the Turnpike, lane closure or other conditions within the
Turnpike right of way, the District Engineer shall have complete and sole jurisdiction. The District
Engineer may impose any conditions, timing, scheduling or other considerations which in his
judgment is necessary for the efficient and safe operation of the turnpike and to allow MassDOT to
undertake projects or operations as it sees fit.
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SCHEDULE 7
AIR RIGHTS INSPECTION PROTOCOL
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SCHEDULE 8
REVISED RENT FORM
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