The MBTA recognizes that the new Orange and Red Line vehicles represent CNR’s first experience providing heavy rail vehicles to the North American market. As such, the Authority has negotiated a number of contract provisions designed to mitigate risk, highlights of which are discussed below.
The RFP requires that the Offeror provide a performance guaranty in the form of an Irrevocable Stand-By Letter of Credit equal to the amount of 30% of the base price plus the options executed. The MBTA has requested that CNR MA increase the Letter of Credit by an additional $100 million with a modified amortization schedule.
Additionally, CNR MA will provide at its expense a Cultural Liaison who will be present at all meetings to act as a technical interpreter for the duration of the contract term.
The RFP requires Bi-weekly Project Team meetings, in which the Offeror and the Authority will employ a cooperative partnering approach to facilitate agreement on all aspects of the work, including both technical and commercial issues. CNR MA has also agreed to a project management and decision-making approach, which provides for executive/senior level engagement from the outset and a tiered project management framework that clarifies decision-making responsibilities at each level, including timely identification and resolution of issues.
1. Quarterly Reports to the MassDOT/MBTA Board of Directors re: project progress.
2. Semi-annual Executive/Senior CNR Management and MBTA Management Meetings, for the purpose of providing an update and status as to the progress of the work and a report on any material matters involving scope, budget and timing.
3. Quarterly Meetings with Senior Management, for the purpose of providing an update regarding the progress of the work and any material matters involving scope, budget and timing. In the event that any mission critical items remain unresolved at the Project Director level, it will be addressed at the Quarterly Senior Management Meeting.
4. Monthly Project Director Meetings, in which the Project Directors shall have the authority necessary to regularly resolve the matters presented by the Project Team.
CNR MA has also agreed to establish a project office within the Orange or Red Line service area with sufficient space to accommodate both CNR MA and MBTA project staff. This project office will be equipped with WebX or similar web-based conferencing capability and a CADD design review station. Further, CNR MA will provide office space and access for the Authority Project Team so that they may integrate and work with the personnel located at applicable CNR facilities, including the Changchun, China facility.
The RFP requires that the Offeror submit a Critical Path Method (“CPM”) Master Project Schedule within 30 days after the issuance of a Notice to Proceed. CNR MA has further agreed that the CPM shall also include all details concerning major subsystem suppliers as well as activities regarding Massachusetts Final Assembly mobilization. It is understood and agreed that the CPM shall act as a project management tool and that any information contained in the CPM does not act as an amendment or modification to the contractual delivery schedule. CNR MA shall, at the Authority’s request, provide a remediation plan to compensate for delays in the schedule. Additionally, contract terms have been strengthened so that the Authority can take legal action to address schedule slippage.
The RFP requires that the Offeror identify major subcontractors within 90 days after the Notice to Proceed. CNR MA has further agreed that each major subcontractor be required to certify in writing its understanding of the full contractual technical provisions, and that such certification be delivered to the Authority together with each Purchase Order. Additionally, the Authority shall identify in writing those major subcontractors required to be present at the line-by-line review meeting, as well