Addendum No. 4 Page 1 of 5 CDM Smith Inc. Date Issued: May 18, 2018 Consulting Engineers 260 West Exchange Street, Suite 300 Providence, Rhode Island 02903 TO: All Bidders of Record RE: City of New Bedford, Massachusetts Front Street Pumping Station and Merrimac Street Pumping Station Rehabilitation Bid No. 18439512 CWSRF 4143 Contract No. 1 Receipt of Filed Sub-Bids: 3:00 PM, Thursday, May 24, 2018 Receipt of General Bids: 3:00 PM, Thursday, June 7, 2018 This Addendum shall be part of the Contract Documents for the above referenced project. Acknowledge receipt of this Addendum by inserting its number and date in the space provided on Page 00300-1 of the Bid Form. Failure to do so may subject the bidder to disqualification. SPECIFICATIONS A. Table of Contents 1. No changes required. B. Section 00020 - Invitation to Bid 1. Page 00020-1, first paragraph, fourth line, DELETE May 31, 2018 and INSERT June 7, 2018. 2. Page 00020-1, second paragraph, third line, DELETE May 17, 2018 and INSERT May 24, 2018. 3. Page 00020-3, DELETE the third to the last paragraph in its entirety and INSERT the following paragraph in its place: Disadvantaged Business Enterprise (DBE) goals of the Commonwealth of Massachusetts and the City of New Bedford are applicable to the total dollars paid to the construction contract. The Commonwealth of Massachusetts goals for this project are a minimum of 4.20 percent D/MBE participation and 4.50 percent D/WBE participation by certified DBEs. The City of New Bedford goals for this project are a minimum of 11.00 percent D/MBE participation and 5.00 percent D/WBE participation by certified DBEs. The higher of the two DBE participation goals shall govern. The City of New Bedford also has minimum goals for employment (workforce utilization) of 18.00% minority and 6.90% female participation. The employment percentages shall apply to the contractor and all subcontractors, regardless of
Addendum No. 4 Page 2 of 5 tier, for all on-site work. Bidders shall submit all required completed City of New Bedford forms and completed Massachusetts DBE forms (EEO-DEP-190C & EEO-DEP-191C and the DBE Certification of United States Citizenship form) with their bid. Failure to comply with the requirements of this paragraph may be deemed to render a proposal non-responsive. No waiver of any provision of this section will be granted unless approved by the Department of Environmental Protection (MassDEP) and the City of New Bedford. C. Section 00100 Instructions to Bidders 1. Page 00100-4, ARTICLE 9. RECEIPT OF BIDS, DELETE Article 9.4 in its entirety and INSERT the revised Article in its place: 9.4 Bidders submitting the FORM FOR GENERAL BID shall complete and submit the following attachments with their Bids (Note the following is provided for informational use of the General Bidder. It is the responsibility of the Bidder to determine and submit those forms that are required with the bid.): FORM FOR GENERAL BID DCAM CERTIFICATE OF ELIGIBILITY DCAM UPDATE STATEMENT APPENDIX A2 CERTIFICATION STATEMENT SCHEDULE OF PARTICIPATION FOR SRF CONSTRUCTION (EEO-DEP-190C) LETTER OF INTENT FOR SRF CONSTRUCTION (EEO-DEP-191C) DIESEL RETROFIT PROGRAM (MDRP) FORM (DEP-DMS-P&S-21) DBE CERTIFICATION OF UNITED STATES CITIZENSHIP DBE SUBCONTRACTOR PARTICIPATION FORM CITY OF NEW BEDFORD NON COLLUSION AND TAX COMPLIANCE FORM CITY OF NEW BEDFORD VOTE OF CORPORATION OSHA CERTIFICATION REQUIREMENT CONTRACTOR CERTIFICATION BIDDERS CERTIFICATE OF UNDERSTANDING SCHEDULE OF PARTICIPATION DISADVANTAGE/MINORITY/WOMEN BUSINESS LETTER OF INTENT CONTRACTOR IDENTIFICATION STATEMENT BIDDERS CERTIFICATION UNAVAILABLE CERTIFICATIONS REQUEST FOR WAIVER (IF REQUIRED) 2. Page 00100-5, ARTICLE 9. RECEIPT OF BIDS, Article 9.5, in the list of documents to be submitted, INSERT BIDDERS CERTIFICATION immediately following DCAM UPDATE STATEMENT. 3. Page 00100-17, INSERT the following new Article immediately following Article 29: ARTICLE 30. CITY OF NEW BEDFORD SUPPLEMENTAL CONDITIONS 30.1 The Contractor shall comply with the City of New Bedford, Massachusetts contract requirements including Instructions to Bidders for Affirmative Action Issues for Public Works
Addendum No. 4 Page 3 of 5 and Construction Projects. A copy of these requirements and compliance reporting forms are included in Part II of the Supplementary Conditions. Certification forms required with the bid submittal and Contract are included in the Bid Form and Agreement respectively. Failure to include fully completed certification forms required with the bid submittal may be deemed to render the bid non-responsive. D. Section 00300 Bid Form 1. Page 00300-8, fourth paragraph, fourth line, INSERT and City of New Bedford immediately following (Commonwealth of Massachusetts. 2. In the forms to be submitted with the Bid contained at the end of Section 00300, INSERT the following documents/forms included in the APPENDIX A BID SUBMISSION DOCUMENTS immediately following the form titled CONTRACTOR CERTIFICATION : BID SUBMISSION CHECKLIST BIDDERS CERTIFICATE OF UNDERSTANDING SCHEDULE OF PARTICIPATION DISADVANTAGED/MINORITY/WOMEN BUSINESS LETTER OF INTENT CONTRACTOR IDENTIFICATION STATEMENT BIDDERS CERTIFICATION UNAVAILABLE CERTIFICATIONS REQUEST FOR WAIVER (IF REQUIRED) The forms are attached to this addendum. E. Section 00306 Massachusetts Bid Form for Subcontractors (As Required by Chapter 149-Section 44F) 1. In the forms to be submitted with the Sub-Bid contained at the end of Section 00306, INSERT the form titled BIDDERS CERTIFICATION immediately following the DCAM Sub-Bidder Update Statement. The form is attached to this addendum. F. Section 00500 Agreement 1. Page 00500-4, ARTICLE 11 MASSACHUSETTS EQUAL OPPORTUNITY REQUIREMENTS, DELETE Article 11.1 in its entirety and INSERT the following revised Article 11.1 in its place: 11.1 The fair share goals for disadvantaged business enterprise (DBE) participation for this contract are a minimum of 4.20 percent Disadvantaged Minority Business Enterprise D/MBE participation and 4.50 percent Disadvantaged Women Business Enterprise D/WBE participation, applicable to the total dollar amount paid for the construction contract. The City of New Bedford goals for this project are a minimum of 11.00 percent Disadvantaged Minority Business Enterprise D/MBE participation and 5.00 percent Disadvantaged Women Business Enterprise D/WBE participation. The higher of the two goals shall govern (City of New Bedford goals).
Addendum No. 4 Page 4 of 5 The City of New Bedford also has minimum goals for employment (workforce utilization) of 18.00% minority and 6.90% female participation. The employment percentages shall apply to the contractor and all subcontractors, regardless of tier, for all on-site work. The CONTRACTOR shall take all affirmative steps necessary to achieve this goal, and shall provide reports documenting the portion of contract and subcontract dollars paid to DBEs, and its efforts to achieve the goals, with each invoice submitted or at such greater intervals as specified by the City of New Bedford, Massachusetts. The CONTRACTOR shall require similar reports from its subcontractors. G. Section 00800 Supplementary Conditions 1. Page 00800-1, under PART II FEDERAL, STATE, AND LOCAL GOVERNMENT PROVISIONS, INSERT 3.0 CITY OF NEW BEDFORD PROVISIONS immediately following 2.0 COMMONWEALTH OF MASSACHUSETTS PROVISIONS. 2. Page 00800-22, INSERT the following new Paragraphs immediately following Paragraph 2.8: 3.0 CITY OF NEW BEDFORD PROVISIONS 3.1 Instructions to Bidders for Affirmative Action Issues for Public Works and Construction Projects 3.2 Notice Regarding Responsible Employer Ordinance (REO). 3. In the documents contained at the end of Section 00800, INSERT the attached forms included under SECTION 00800 SUPPLEMENTARY CONDITIONS PART II FEDERAL, STATE AND LOCAL GOVERNMENT PROVISIONS 3.0 CITY OF NEW BEDFORD, MASSACHUSETTS PROVISIONS inclusive of the Instruction to Bidders for Affirmative Action Issues and Notice Regarding Responsible Employer Ordinance (REO) City of New Bedford immediately following the DEP-DWS-PM Page 3 of 3 and DEP-DMS-F Page 24 of 24. QUESTIONS Text shown in italics indicates question asked. Text shown immediately following indicates response to question asked. A. Do you have a stone source for this granite? No. It is the filed sub-bidders responsibility to locate his/her own source of granite. B. Where is the photo located? Photo is not located in New Bedford but illustrates the general design intent. C. Is this a random Ashlar pattern? Yes. With the nature of stone, it is not intended that pattern necessarily repeats.
Addendum No. 4 Page 5 of 5 D. Are your joints holding to ½? As a minimum spacing, no joints may be as tight as possible. Intent is that the wall appears as though it is dry laid. E. Are the joints to be raked deeply? Yes, the intent is to appear as though wall is dry laid.
NOTICE REGARDING RESPONSIBLE EMPLOYER ORDINANCE (REO) CITY OF NEW BEDFORD DATE: October 21, 2016 TO: FROM: ALL POTENTIAL BIDDERS OFFICE OF PROCUREMENT Pursuant to the Federal Court decisions in UCANE, et al. v. City of Worcester, U.S. District Court (D. Mass 2002) Civ. Action 02-11877-NG, Fernandes Masonry, Inc. v. City of Taunton, U.S. District Court (D. Mass 2010) Civ. Action 1:2010-cv-10753-JRT, UCANE, et al. v. City of Fall River, U.S. District Court (D. Mass 2011) Civ. Action 10-10994-RWZ and the current 1 st Circuit appeal stemming from the decision in Merit Construction Alliance, et al. v. City of Quincy, U. S. District Court (D. Mass 2013) Civ. Action 12-10458-RWZ, under the advisement of the City s Law Department, per Order of the City Solicitor, effective immediately, the City of New Bedford s Office of Procurement will not enforce the following sections of the City s Responsible Employer Ordinance. The City is temporarily suspending the enforcement of these sections because of the above referenced legal precedent. However, the City believes that the ultimate goals reflected in the REO are important and the City encourages voluntary compliance with the spirit of these provisions. Moreover, the City will monitor all contractors who are awarded contracts to determine whether they are making a good faith effort to abide by the spirit of these provisions. Moving forward, the City is particularly interested in ensuring that the hiring and training of the local workforce is a top priority on all City projects. The City is willing to work closely with all successful bidders by assisting them in identifying viable well-trained workers who are residents of the City of New Bedford. The sections listed below will not be enforced at this time. All other sections of the City Ordinance will be strictly enforced. Section 10-76: In order to assist to the unemployment rate, to assist the problem of businesses leaving the region, to decrease the number of businesses filing bankruptcy, to combat the recession in the region, to assist the problem caused by the reduction of local aid from the commonwealth and to assist in preventing the depletion of the tax base, all general and subcontractors constructing or rehabilitating public works projects which have a projected cost of more than one hundred thousand dollars ($100,000.00) and are funded in full or in part with federal, state, or city funds, shall have the worker hours on a craft by craft basis performed by residents of the City of New Bedford, who shall comprise at
least fifty (50) percent of the total employee man-hours in each trade, excluding the employer's foreman or supervisor and two (2) other key employees. Section 10-76 (4): Any person who provides false information regarding his or her residence shall be penalized three hundred dollars ($300.00): Any contractor or subcontractor who violates the provisions of this section shall be penalized three hundred dollars ($300.00) per day for each and every day the ordinance is in violation. Said penalty shall be levied and withheld from payments due the contractor or subcontractor. Section 10-77 (a)(3): The bidder and all subcontractors under the bidder must maintain or participate in a bona fide apprentice training program, as defined by M.G.L.A. c. 23, 11H and 11I, for each apprenticeable trade or occupation represented in their workforce that is approved by the division of apprentice training of the department of labor and industries and must abide by the apprentice to journeyman ratio for each trade prescribed therein in the performance of the contract. Section 10-77 (a)(4) The bidder and all subcontractors under the bidder must furnish, at their expense, hospitalization and medical benefits for all their employees employed on the project and/or coverage at least comparable in value to the hospitalization and medical benefits provided by the health and welfare plans in the applicable craft recognized by M.G.L.A c. 149 26, in establishing minimum wage rates.