SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION AUTHORITY. Two New 400-Passenger, 27-Knot, Passenger Only Ferries Replacement Vessels

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1 SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION AUTHORITY Replacement Vessels ADDENDUM NO. 1 October 14, 2014 SCOPE This Addendum No. 1 consists of five (5) pages and four attachments ing thirteen (13) pages. It provides responses to questions submitted to WETA and corrections to the RFP as well as the following attachments: 1. Pre-Submittal Conference Attendees; Attachment 1 2. Revised WETA Form 8; Attachment 2 3. Revised WETA Form 19; Attachment 3 4. Revised WETA Form 22; Attachment 4 QUESTIONS AND ANSWERS: Q1. Question for clarification on RFP Form WETA-22 Schedule of Values The Form WETA-22 appears to be a schedule of values table that is used in Construction Contracts and does not follow the breakdown requested in the General Provisions Section , as there are not specific columns with which to list the listed bread down for labor costs material costs. May the proposer modify, add or delete columns as needed to provide proper costing breakdown and segregation as outlined in the GP section A. The Offeror can modify the Schedule of Values form to provide a more comprehensive breakdown. Q2. Section 082 Principal Characteristics: The draft of 6 will drive design to wider hull, and large propeller tunnel. Are either Length Over All, 135 max. or Draft, 6 max adjustable to a greater dimension? A. An increased maximum draft of up to 6.75' would be considered allowable, however a reduced draft is preferable. 1

2 Q3. WETA form 8, Item B. spare parts 5%. Should this 5% of item A be item 1 instead? A. The Spare Parts allocation should be 5% of Item A. Item A should include all material costs to represent the cost of the vessel without options. Q4. The Warranty Bond 10% of the contract Price commence upon delivery acceptance, are to be kept in effect until all guarantee and warranty obligations under the contract shall have been satisfied or FINAL payment whichever is later.? A. The Offeror's Warranty provisions shall be in accordance with the General Provision Section Q5. How does the selection of Optional EXTENDED warranty affect the period of the warranty bond? A. The optional extended warranties will not extend the Offeror's warranty on the vessel or the required bonding period. The optional extended warranties are intended to be OEM warranties that will be transferred to WETA. Q6. In regards to 3. General Provisions, C. Qualifications of Offeror s where it states: To be awarded the Contract for this Project, minimum qualification requirements include having at least five (5) full years of experience in constructing similar vessels proven reliable in similar marine saltwater service applications (aluminum hulls, minimum 25-knot sustained speed, operating in semiprotected waters in ferry-type service), Due to the very limited number of high-quality ferry builders in the U.S. and in the interest of widening competition, would WETA accept a shipbuilder who has at least five (5) full years of experience in conducting major complete vessel refurbishments and/or conversions on similar USCG-certified vessels proven reliable in similar marine saltwater service applications (aluminum hulls, minimum 25-knot sustained speed, operating in semiprotected waters in ferry-type service) and who has built at least four (4) vessels of equal or greater value, complexity and horsepower as meeting the minimum qualifications requirements? A. The experience of the Offeror's entire team and the roles and responsibilities identified within the organization will be considered when assessing the Offeror's qualifications. CORRECTIONS: 1. ITO, Appendix A The schedule does not include a time for key package delivery: Replace: Deadline for Offeror Submission of Step 1 Proposal 03 November 2014 WETA Receives Completed RFP Step 2 Proposal & Price 19 December

3 With: Deadline for Offeror Submission of Step 1 Proposal 03 November 2014, 2:00pm WETA Receives Completed RFP Step 2 Proposal & Price 19 December 2014, 2:00pm 2. Forms The following forms have been revised and re-released to correct the issues described below: Form 8 Item A was modified to include material costs in addition to labor and markup i.e. Item A represents the complete cost of the vessel excluding option items (Attachment 2) Form 19 - Re-formatted to include instructions that were omitted from the original release due to formatting issues (Attachment 3) Form 22 Form headers were changed to better represent an industry standard cost breakdown (Attachment 4) 3. General Provisions, GP, Incorrectly references Form WETA 26. Replace Form WETA 26 with Form WETA 22. Replace: The Contractor shall prepare a Schedule of Values [Form WETA-26] containing an itemized breakdown of Contract costs, with summary activities corresponding to the summary activities in the Project Schedule described in 110, Schedule Specification, of all Work to be performed. The Schedule of Values will include the cost for each summary activity with and without overhead and profit and contain a breakdown for Contractor equipment, labor, materials, installed equipment, Subcontractors and other costs ing 100% of the Contract value. The cost of overhead, profit, bonds, insurance or any indirect cost shall be prorated evenly among items in the Schedule of Values and their breakdown. This document shall be submitted to the Owner s Representative for approval within thirty (30) days following Contract execution, or the time period specified by the Owner s Representative. The Schedule of Values should not deviate significantly from the preliminary Schedule of Values submitted with the Contractor s proposal (see Instructions to Bidders). If the Owner s Representative determines that the Contractor s submitted Schedule of Values may result in unbalanced payments wherein the Contractor would collect payments disproportionate to the value of the Work provided, or be detrimental to the interests of WETA for other reasons, the Owner s Representative may prepare an acceptable Schedule of Values or require the Contractor to submit another Schedule of Values until the Owner s Representative is satisfied with the form and content of the Schedule of Values. All activities in the Project Schedule are to be broken down and cost loaded according to Section 110, Schedule Specifications. Items in the Schedule of Values [Form WETA 26] are to correspond to rollup or summary activities from the Project Schedule. The number of summary activities shall be no less than 50 3

4 per Vessel, with no single summary activity having a cost greater than $50,000, except main propulsion purchase, or having a duration of more than 30 days. Exceptions to these requirements will be allowed provided the intent of a fair and effective means of payment for completed Work is preserved. The Owner s Representative will make the final determination as to whether the intent is preserved in the Contractor s proposed approach. If no other agreement is reached, the requirements will stand as written. In any proposed alternative, the basis of payment will be the physical progress as indicated in the Project Schedule. The Schedule of Values should include separate pay items for required deliverables such as spare parts, technical documentation and as-built drawings. The maximum allowable scheduled value for mobilization for Design shall be no greater than 10% of the Design sub, which amount may be paid only after Notice to Proceed. The maximum allowable scheduled value for mobilization for Construction shall be no greater than 1/2% of the, which amount may be paid only after Notice to Proceed. The Schedule of Values [Form WETA 26] must have an item designated Contract Performance Allowance. The Contract Performance Allowance shall be valued at 5% of the Contract Price, unadjusted for Contract options or subsequent Change Orders. The Contract Performance Allowance is that portion of the Contract price relating to execution and fulfillment of the warranty/guarantee period and completion of performance obligations. With: The Contractor shall prepare a Schedule of Values [Form WETA-22] containing an itemized breakdown of Contract costs, with summary activities corresponding to the summary activities in the Project Schedule described in 110, Schedule Specification, of all Work to be performed. The Schedule of Values will include the cost for each summary activity with and without overhead and profit and contain a breakdown for Contractor equipment, labor, materials, installed equipment, Subcontractors and other costs ing 100% of the Contract value. The cost of overhead, profit, bonds, insurance or any indirect cost shall be prorated evenly among items in the Schedule of Values and their breakdown. This document shall be submitted to the Owner s Representative for approval within thirty (30) days following Contract execution, or the time period specified by the Owner s Representative. The Schedule of Values should not deviate significantly from the preliminary Schedule of Values submitted with the Contractor s proposal (see Instructions to Bidders). If the Owner s Representative determines that the Contractor s submitted Schedule of Values may result in unbalanced payments wherein the Contractor would collect payments disproportionate to the value of the Work provided, or be detrimental to the interests of WETA for other reasons, the Owner s Representative may prepare an acceptable Schedule of Values or require the Contractor to submit another Schedule of Values until the Owner s Representative is satisfied with the form and content of the Schedule of Values. All activities in the Project Schedule are to be broken down and cost loaded according to Section 110, Schedule Specifications. Items in the Schedule of Values [Form WETA 22] are to correspond to rollup or summary activities from the Project Schedule. The number of summary activities shall be no less than 50 per Vessel, with no single summary activity having a cost greater than $50,000, except main propulsion purchase, or having a duration of more than 30 days. Exceptions to these requirements will be allowed provided the intent of a fair and effective means of payment for completed Work is preserved. The Owner s Representative will make the final determination as to whether the intent is preserved in the Contractor s proposed approach. If no other agreement is reached, the requirements will stand as written. In any proposed alternative, the basis of payment will be the physical progress as indicated in the Project Schedule. The Schedule of Values should include separate pay items for required deliverables such as spare 4

5 parts, technical documentation and as-built drawings. The maximum allowable scheduled value for mobilization for Design shall be no greater than 10% of the Design sub, which amount may be paid only after Notice to Proceed. The maximum allowable scheduled value for mobilization for Construction shall be no greater than 1/2% of the, which amount may be paid only after Notice to Proceed. The Schedule of Values [Form WETA 22] must have an item designated Contract Performance Allowance. The Contract Performance Allowance shall be valued at 5% of the Contract Price, unadjusted for Contract options or subsequent Change Orders. The Contract Performance Allowance is that portion of the Contract price relating to execution and fulfillment of the warranty/guarantee period and completion of performance obligations. 4. Owner s Requirements, Section 082, Principal Characteristics The maximum allowable draft requirement was changed to allow greater flexibility in hullform design. Note: A draft of 6 is still preferred. Replace: Characteristic Minimum Maximum SWBS Draft Max (incl. appendages) No restrictions 6 - With: Characteristic Minimum Maximum SWBS Draft Max (incl. appendages) No restrictions ACKNOWLEDGMENT BY OFFERER Each Offerer is required to acknowledge receipt of all Addenda, including this Addendum No. 1. as specified in the Instructions to Offerors. ISSUED BY: 5

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7 FORMS WETA-8 STEP 2: Price Proposal (revised) Replacement Vessels SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION AUTHORITY (WETA) Replacement Vessels STEP 2: PRICE PROPOSAL Name Address To the MANAGER, OPERATIONS, SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION AUTHORITY: In compliance with your Request for Proposals dated, the undersigned offers the attached response to the RFP for the design-build and delivery of the Project: Replacement Vessels Offerors Please Note: Before preparing the Price Proposal, carefully read the Contract Documents. Offeror agrees that it is responsible for and that WETA will not be responsible for any errors, omissions, inaccuracies or incomplete statements in this Price Proposal. The Offeror shall insert a lump sum price in figures opposite each pay item for which an estimated quantity appears in the Price Proposal. Wherever a contingent amount is shown for any item in this Price Proposal, such amount shall govern and be included in the price. The estimated quantity of work for payment on a lump sum basis will be all required. Any changes shall be initiated by the person signing the Proposal. The basis for the Award will be determined by the criteria described in the Instructions to Offerors. Basic Contract: The Offeror shall provide separate prices for all Basic Contract Items. Instructions to Offerors provides information applicable to the development of the price for all items. The undersigned hereby agrees that WETA may rely on the information provided in this Price Proposal as being factual and correct. The undersigned acknowledges that providing incorrect or misleading information in this response may be considered a breach of the Design-Build and Deliver Contract. The undersigned hereby acknowledges that this Price Proposal will be incorporated into the final Contract Documents. This Price Proposal shall be governed by and construed in all respects according to the laws of the State of California. 26 September 2014 Form WETA-8 Page 1 of 2

8 FORMS WETA-8 STEP 2: Price Proposal (revised) Replacement Vessels The Offeror shall insert a price in figures opposite each pay item listed below. Pay Item No. (1) Base Contract Items: Pay Item Description (2) 1 Design-Build and Deliver Two New 400-Passenger, 27-Knot, Passenger Only Ferries (excluding General Provisions Section ) Total Vessel Price Amount (Column 5) A. Schedule of Labor Rates, Materials and Markup: Labor Straight Time Labor Overtime Engineering Straight Time Engineering Overtime Management Included in Above Rates Materials (including markup) Vendors (including markup) Tool Rental B. Manufacture Recommended Spare Parts 5% of Item A. (General Provisions Section ) (Owners Requirements 850) C. Propulsion Extended Warranty Price (General (Owners Requirements 233) D. Vessel Delivery to San Francisco CA (General Provisions Section ) E. Option Item Extended Warranty Emissions System (Owners Requirements 259) F. Option Item Extended Warranty Reduction Gears (Owners Requirements 241) G. Option Item Lube Oil Replenishment System (Owners Requirements 233) H. Option Item Automatic Self-cleaning Oil Filter System (Owners Requirements 233) I. Option Item Use ORCA Vinyl on the Vessel in lieu of Paint (Owners Requirements 631) Pay Unit (3) (USD (USD Quantity (4) Price Amount (5) (USD Written in Figures) Include 8.75% sales tax in price USD Written in Figures Undersigned has read the foregoing Price Proposal and has full authority to enter into the Contract on behalf of the Offeror and to bind the Offeror to the terms and conditions and other requirements of the Contract, and hereby agrees to the conditions stated therein by affixing his signature below: Full legal name of entity making Price Proposal: Signature Name and Title of Person Signing Telephone Number 26 September 2014 Form WETA-8 Page 2 of 2

9 FORMS WETA-19 DBE Report (revised) Replacement Vessels PRIME CONTRACTOR/CONSULTANT AND SUBCONTRACTOR/SUBCONSULTANT/SUPPLIER REPORT Section A: Prime Consultant/Contractor (Offeror) Information: 1. RFQ/P # and Name: 2. Offeror's Name: 3. Address: 4. Phone: 5. Owner or Contact Person: 6. Title: 7. Offeror NAICS Codes: 8. Is your firm a Small Business Enterprise (SBE)?: Yes No 9. If your firm is a DBE or SBE please list certification type or No. and Certifying Agency: 10. If your firm is an SBE, please read and fill out, if applicable, the SBE Affidavit of Size form and attach a copy of your firm s certification. 11. Age of your firm: 12. Annual Gross Receipts (please check one): Below $500K: $500K-$1M: $1M-$4M: $6M-$13M: Section B: Subcontractor/Subconsultant/Suppliers Information Attach a copy of the proof of DBE/SBE certification for each DBE/SBE subcontractor listed, and if applicable fill out SBE Affidavit of Size form included in proposal document. Attach Intent to Perform letter signed by each Subcontractor who will perform work should this contract be awarded to the Prime listed above. Offerors MUST provide the following information on ALL subcontractors/subconsultants/ suppliers that provided Offeror a bid, quote, or proposal for work, services or supplies associated with this RFQ/P pursuant to WETA s sub-proposal reporting requirements. Include all sub-proposal acceptance(s) AND rejection(s). Please carefully read all instructions on page 3. DBE/SBE PARTICIPATION 1. Subcontractor/Subconsultant/ Supplier 2. Annual Gross Receipts (check one) 3. Contractor's License No. (if applicable) 4. Certified DBE (Yes/No) 5. Certified SBE (Yes/No) 6. DBE/SBE Certifying Agency 7. DBE Certification No. &/or SBE Type Name: Below $500K Address: $500K-$1M $1M-$4M Contact Person: $4M-$6M NAICS Codes: Phone: $6M-$13M Above $13M Age of Firm: Name: Below $500K Address: $500K-$1M $1M-$4M Contact Person: $4M-$6M NAICS Codes: Phone: $6M-$13M Above $13M Age of Firm: Name: Below $500K Address: $500K-$1M $1M-$4M Contact Person: $4M-$6M NAICS Codes: Phone: $6M-$13M Above $13M Age of Firm: 8. Describe Work or Type of Materials/Supplies and list NAICS Codes 9. Proposal Accepted (Yes/No) 10. Percentage of Contract Participation 26 September 2014 Form WETA-19 Page 1 of 4

10 FORMS WETA-19 DBE Report (revised) Replacement Vessels DBE/SBE PARTICIPATION 1. Subcontractor/Subconsultant/ Supplier 2. Annual Gross Receipts (check one) 3. Contractor's License No. (if applicable) 4. Certified DBE (Yes/No) 5. Certified SBE (Yes/No) 6. DBE/SBE Certifying Agency 7. DBE Certification No. & Type / SBE Type Name: Below $500K Address: $500K-$1M $1M-$4M Contact Person: $4M-$6M NAICS Codes: Phone: $6M-$13M Above $13M Age of Firm: Name: Below $500K Address: $500K-$1M $1M-$4M Contact Person: $4M-$6M NAICS Codes: Phone: $6M-$13M Above $13M Age of Firm: Name: Below $500K Address: $500K-$1M $1M-$4M Contact Person: $4M-$6M NAICS Codes: Phone: $6M-$13M Above $13M Age of Firm: 8. Describe Work or Type of Materials/Supplies and list NAICS Codes 9. Proposal Accepted (Yes/No) 10. Percentage of Contract Participation Attach additional sheets as necessary. 12. Total Bid Amount: 13. DBE Amount: = % Bidder s DBE Achievement 14. SBE Amount: = % Bidder s SBE Achievement The undersigned will enter into a formal agreement with the subcontractor(s), subconsultant(s) and/or supplier(s) whose subproposal was accepted conditioned upon execution of a Contract with the San Francisco Bay Area Water Emergency Transportation Authority. I certify under penalty of perjury that the information included on this form is accurate and true. Signature: Name (Print): Title: Date: 26 September 2014 Form WETA-19 Page 2 of 4

11 FORMS WETA-19 DBE Report (revised) Replacement Vessels How to fill out Prime Contractor/Consultant and Subcontractor/Subconsultant/Supplier Report Form Section A: Prime Consultant/Contractor Information: 1. RFQ/RFP # and Name: Insert name of the Authority Request for Proposals/Qualifications (RFP/RFQ) or Invitation for Bids (IFB) 2. Offeror s Name: Insert company name. 3. Address: Insert address of company. 4. Phone & Insert phone number and address of person responsible for filling out information contained in this form. 5. Owner or Contact Person: Insert contact name for the prime contractor. 6. Title: Insert title of person listed in #5. 7. Prime Consultant/Contractor NAICS Codes: List the North American Industry Classification System Code(s) for work performed by the Prime. Codes can be found at 8. Is your firm a Small Business Enterprise (SBE)?: Indicate, by checkmark, if your firm is a Small Business Enterprise as defined in the attached description of WETA s SBE Program Eligibility. Please see instructions for Section B #7, below, for SBE Certifications accepted by WETA. 9. If your firm is a DBE or SBE list certification type or No. and Certifying Agency: For DBE firms list the certification number provided by the California Unified Certification Program and the certifying agency. For SBE firms please list the type of certification (eg. SMBE, SWBE, SB, MB, SBA, SBE/MBE/WBE) and the certifying agency. Please see the description of WETA s Small Business Enterprise Program Eligibility on the following pages for SBE Certifications accepted by WETA. 10. If your firm is an SBE, read and fill out, if applicable, the SBE Affidavit of Size form included in this RFQ/RFP and attach a copy of your firm s certification. 11. Age of your firm: Provide the number of years your firm has been in business. 12. Annual Gross Receipts: Indicate, by checkmark, the range of annual gross receipt your firm receives. Section B: Subcontractor/Subconsultant/Suppliers Information PLEASE NOTE THE IMPORTANT REQUIREMENTS BELOW: Offerors MUST provide the following information on ALL subcontractors/subconsultants/suppliers that provided Offeror a bid, quote, or proposal for work, services or supplies associated with this RFQ pursuant to Authority's subproposal reporting requirements. This information shall be provided for all sub-proposers regardless of tier for DBEs, SBEs, non-dbes and non-sbes. Include all sub-proposal acceptance(s) AND rejection(s). Attach a copy of the proof of DBE/SBE certification for each DBE/SBE subcontractor listed. Attach Intent to Perform letter signed by each subcontractor who will perform work should this contract be awarded to the Prime listed above. 1. Insert the name, address, contact person, phone number, address and age of firm for each subcontractor, subconsultant, or supplier. 2. Annual Gross Receipts: Indicate, by checkmark, the range of the firm s annual gross receipts. 3. Contractor s License No.: If applicable, insert the contractor s license number. 4. Certified DBE (Yes/No): Indicate if the firm is a certified DBE firm accepted by WETA. WETA accepts DBE participation only from firms currently certified in the California Unified Certification Program (CUCP), go to for further information. A copy of DBE certification must be attached to your submittal. Do not indicate more than one Yes for alternative subcontractors/subconsultants for the same work. 26 September 2014 Form WETA-19 Page 3 of 4

12 FORMS WETA-19 DBE Report (revised) Replacement Vessels Certified SBE (Yes/No): Indicate if the firm is a certified SBE accepted by WETA. Please see WETA s SBE Program Eligibility description on the following pages for more information on certification types accepted and other requirements. A copy of SBE certification and, if applicable, SBE Affidavit of Size must be attached to your submittal. 6. DBE/SBE Certifying Agency: If you marked yes as a Certified DBE or SBE, note which agency your certification letter is from BART, SFMTA, SamTrans etc. 7. DBE Certification No. & Type / SBE Type: If you marked yes as a Certified DBE, please provide the CUCP Certification Number AND the number corresponding to the type of DBE as follows: 1. African-American, 2. Hispanic, 3. Native American, 4. Asian-Pacific, 5. Asian-Indian, 6. Female-Woman, 7. Other. If you marked yes as a Certified SBE please list the type of certification (eg. SMBE, SWBE, SB, MB, SBA, SBE/MBE/WBE). Please see the description of WETA s Small Business Enterprise Program Eligibility on the following pages for SBE Certifications accepted by WETA. 8. Describe Work or Type of Materials/Supplies and list NAICS Codes: DBE/SBE participation includes that portion of the work actually performed by a certified DBE/SBE with its own forces. For example, for DBE supplier, count 60% of the costs of materials and supplies. List the North American Industry Classification System Code(s) for the work to be performed by the Subcontractor/Subconsultant/ Supplier. Codes can be found at 9. Proposal Accepted (Yes/No): Indicate if the subcontractor/subconsultant/supplier s proposal has been accepted. If yes, please attach Intent to Perform letter signed by each subcontractor who will perform work should this contract be awarded to the Prime listed above. 10. Percentage of Contract Participation: Insert the percentage of the prime contract participation for each subcontract. Prime consultant/contractor understands that the percentage of contract participation from DBE or SBE firms listed on this form is a firm commitment and will become a condition of the contract should it be awarded. 11. DBE Amount & % Bidder s Achievement: For DBE Amount, insert the sum of column 10 for each DBE listed. For % Bidder s Achievement, divide the DBE Amount by the Total Bid Amount and provide in percentage format. 12. SBE Amount & % Bidder s Achievement: For SBE Amount, insert the sum of column 10 for each SBE listed. For % Bidder s Achievement, divide the SBE Amount by the Total Bid Amount and provide in percentage format. Use additional sheets if necessary. If there are no subcontractors proposed, Section B will remain blank. 26 September 2014 Form WETA-19 Page 4 of 4

13 FORMS WETA-22 Schedule of Values (Revised) Replacement Vessels SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION AUTHORITY (WETA) Replacement Vessels SCHEDULE OF VALUES Name and Address of Contractor Contract No. Date Prepared By: Date A B C D E F G H I L M N Activity Code Description Unit of Measure Unit Labor Cost Unit Material Cost Unit Subcontractor Cost Unit Other Cost Quantity Total Cost w/o O&P Prorated Costs Total Cost % of Total Contract 26 September 2014 Form WETA-22 Page 1 of 1