BASIN TRANSIT
ADDENDUM NO. 6
Vehicle RFP #23-01
Date Issued: July 24, 2024
The following clarifications, amendments, additions, deletions, revisions and/or modifications form a part of the documents, and change original or previously issued documents only in the manner and to the extent stated. The contract price shall reflect all addendum changes and each proposer submit with the proposal, a copy of this Addendum.
Items requested by proposers in the RFP’s approved equal and request for comment period that are not addressed by addendum or included by reference are to be considered denied.
Basin Transit revises and reissues RFP #23-01 adding clauses as follows:
VIOLATION AND BREACH OF CONTRACT
Rights and Remedies of the AGENCY
The AGENCY shall have the following rights in the event that the AGENCY deems the Contractor guilty of a breach of any term under the Contract.
1. The right to take over and complete the work or any part thereof as agency for and at the expense of the Contractor, either directly or through other contractors;
2. The right to cancel this Contract as to any or all of the work yet to be performed;
3. The right to specific performance, an injunction or any other appropriate equitable remedy; and
4. The right to money damages.
Rights and Remedies of Contractor
Inasmuch as the Contractor can be adequately compensated by money damages for any breach of this Contract, which may be committed by the AGENCY, the Contractor expressly agrees that no default, act or omission of the AGENCY shall constitute a material breach of this Contract, entitling Contractor to cancel or rescind the Contract or to suspend or abandon performance.
Remedies
Substantial failure of the Contractor to complete the Project in accordance with the terms of this Agreement will be a default of this Agreement. In the event of a default, the AGENCY will have all remedies in law and equity, including the right to specific performance, without further assistance, and the rights to termination or suspension as provided herein. The Contractor recognizes that in the event of a breach of this Agreement by the Contractor before the AGENCY takes action contemplated herein, the AGENCY will provide the Contractor with sixty (60) days written notice that the AGENCY considers that such a breach has occurred and will provide the Contractor a reasonable period of time to respond and to take necessary corrective action.
Disputes
Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the authorized representative of AGENCY’s Administrator.
This decision shall be final and conclusive unless within [10] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Administrator. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Administrator shall be binding upon the Contractor and the Contractor shall abide be the decision.
Performance during Dispute
Unless otherwise directed by AGENCY, Contractor shall continue performance under this Contract while matters in dispute are being resolved.
Rights and Remedies
The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the AGENCY or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
SAFE OPERATION OF MOTOR VEHICLES
Seat Belts Use
The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms “company-owned” and “company-leased” refer to vehicles owned or leased either by the Contractor or Agency.
Distracted Driving
The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contractor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement.
New Flyer of America Inc. DATE
By________________________
Jennifer McNeill
Vice President, Sales & Marketing
07/08/24
Addendum #6 RFP 23-01 MBTA
Final Audit Report 2024-08-07
Created: 2024-08-01
By: Luciana Marques ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAxWLA06quqxundMIkBmJRAOSHaOTem1uR "Addendum #6 RFP 23-01 MBTA" History
Document created by Luciana Marques ([email protected]) 2024-08-01 - 1:18:56 PM GMT
Document emailed to Jennifer McNeill ([email protected]) for signature 2024-08-01 - 1:19:00 PM GMT
Email viewed by Jennifer McNeill ([email protected]) 2024-08-07 - 2:54:29 PM GMT
Document e-signed by Jennifer McNeill ([email protected]) Signature Date: 2024-08-07 - 3:00:25 PM GMT - Time Source: server Agreement completed.
2024-08-07 - 3:00:25 PM GMT