REQUEST FOR QUALIFICATION PROFESSIONAL SERVICES
SIGN AND RETURN THIS PAGE STATEMENT OF QUALIFICATION SOLICITATION NO.: 2016‐1378 Date: May 26, 2016 TITLE: CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT
AC TRANSIT DISTRICT Purchasing Department 1600 Franklin Street, 8th Floor Oakland, CA 94612
QUALIFICATIONS MUST BE RECEIVED at AC Transit, 1600 Franklin Street, 8th Floor, Oakland, CA 94612 by June 30, 2016 at 4:00 p.m. Sign the Statement, put it in an envelope, and write the RFQ number and title on the outside. Sign and return this page. Retain copy for your files. _____________________________________________________________________________________ ALL FIRMS COMPLETE THIS SECTION: , 2016 Upon execution of a Contract Acceptance form, the undersigned agrees to furnish, subject to provisions below, all articles or services within the dates specified, in the manner and at the prices stated, in accordance with the advertisement, specifications, proposal, special conditions and general conditions, all of which are made part of the contract, when authorized by Purchase Order, Contract Order, or Letter of Agreement issued by the District. Name under which Business is conducted:
Business street address:
Telephone:
City
State
Zip Code
IF SOLE OWNER, sign here: I sign as sole owner of the business named above: Signed Typed Name IF PARTNERSHIP OR JOINT VENTURE, sign here: The undersigned certify that we are partners in the business (joint venture) named above and that we sign this contract proposal with full authority to do so (one or more partners sign): Signed Typed Name Signed Typed Name IF CORPORATION, sign here: The undersigned certify that they sign this contract proposal with full authority to do so: Corporate Name: Signed Typed Name Title Signed Typed Name Title Incorporated under the laws of the State of Form C102 May 2016
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR FIRM 1. RENDITION OF SERVICES The Consultant (party submitting response/Statement of Qualification) hereby agrees to undertake, carry out and complete all work established herein in a professional and efficient manner satisfactory to District standards.
The professional service or the performance of work or services required by the District cannot satisfactorily be performed by the regular employees of the District.
2. CONSULTANT'S STATUS Neither the Consultant nor any party contracting with the Consultant shall be deemed to be an agent or employee of the District. The Consultant is and shall be an independent Consultant, and the legal relationship of any person performing services for the Consultant shall be one solely between said parties.
Consultant shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the District, except for service firms engaged in drawing, production, typing and printing. Consultant shall be solely responsible for reimbursing any subcontractor and the District shall have no obligation to them.
3. OWNERSHIP OF WORK All reports, designs, drawings, plans, specifications, schedules, and other materials prepared, or in the process of being prepared, for the services to be performed by Consultant shall be and are the property of the District and the District shall be entitled to access thereto, and copies thereof, during the progress of the work.
In the event that the work, which is the subject of this Agreement, is not completed, for any reason whatsoever, all materials generated under this Agreement shall be delivered as the District may direct.
4. RECORDS The Consultant shall permit the authorized representatives of the District to inspect and audit all data and records relating to performance under this Agreement. Consultant shall maintain all such records for a period of three (3) years after the District makes final payment under this Agreement. 5. TERMINATION FOR DEFAULT In the event the Consultant breaches the terms or violates the conditions of this Agreement, and does not within ten (10) days of written notice from the District cure such breach or violation, the District may immediately terminate this agreement, and shall pay the Consultant only its allowable costs to the date of termination.
6. TERMINATION FOR CONVENIENCE The District may terminate this Agreement, in whole or in part, at any time for the District's convenience and without cause at any time by giving the Consultant written notice of termination. The Consultant will be paid for those services performed pursuant to this Agreement to the satisfaction of the District up to the date of notice of termination. The Consultant shall promptly submit its termination claim. If the Consultant has any property in its possession belonging to the District, the Consultant will account for the same and dispose of it in the manner the District directs.
7. NON‐DISCRIMINATION In connection with the execution of any Contract hereunder, the Consultant shall not discriminate against any applicant or employee on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, sexual orientation, sex or age as defined in Section 12926 Government Code 8. INDEMNIFICATION The Consultant shall indemnify, keep and save harmless the District, its Board of Directors, officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, expense, costs (including, without limitation, costs and fees of litigation) of every nature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in the Agreement, except such loss or damage which was caused by the solegross negligence or willful misconduct of the District.
Any award made by the Arbitrator(s) shall be final, binding and conclusive upon all parties and those claiming under them. The costs and expenses of any Arbitration shall be borne and paid as the Arbitrator(s) shall, by their award, direct. The submission to Arbitration is hereby made a condition precedent to the institution of any action at law or in equity with respect to the controversy involved; and such action at law or in equity shall be restricted solely to the subject matter of the challenge of such award on the grounds and only in the manner permitted by law. 11. NO ASSIGNMENT This Agreement is personal to each of the parties hereto, and neither party may assign or delegate any of its rights or obligations hereunder without first obtaining the written consent of the other. 12. PROHIBITED INTERESTS No member, director, officer, or employee of the District during his/her tenure or for one year thereafter, shall have any interest direct or indirect, in this Agreement or the proceeds thereof. Consultant covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of the services called for under this Agreement. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed by Consultant. The District may require Consultant to file an annual Statement of Economic Interest form pursuant to the Political Reform Act of 1974 (Government Code Section 81000 et seq.)
13. WAIVER Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach.
14. GOVERNING LAW This Agreement, its interpretation and all work performed thereunder, shall be governed by the laws of the State of California.
15. INSURANCE Depending on the nature of the services being solicited, the District may have certain minimum insurance requirements.
9. CHANGES
If any changes to the scope of services are sought by either party that would require a modification of the amount of compensation, the changes must be reviewed and approved in advance of any action to implement the change by the Project Manager and the Purchasing Department. The District may at any time by written order make changes within the Scope of Services described in this Agreement. If such changes cause an increase in the budgeted cost of or the time required for performance of the agreed upon work, the Consultant shall notify the District in writing of the amount of time and compensation adjustments that are required. In the event the Consultant encounters any unanticipated conditions or contingencies that may affect the scope of services and would result in an adjustment to the amount of compensation specified herein, Consultant shall so advise the District immediately upon notice of such condition or contingency. The written notice shall explain the circumstances giving rise to the unforeseen condition or contingency and shall set forth the proposed adjustment in compensation resulting therefrom. Any notices shall be given to the District under the NOTICES clause of the sample contract. Any and all agreed upon pertinent changes shall be expressed as a written modification to this Agreement prior to implementation of such changes. 10. DISPUTE RESOLUTION In case any disagreement, difference or controversy shall arise between the parties, with respect to any matter in relation to or arising out of or under this Agreement or the respective rights and liabilities of the parties, and the parties to the controversy cannot mutually agree thereon, then such disagreement, difference, or controversy shall be determined by binding arbitration, according to the rules of the American Arbitration Association.
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 1. INTRODUCTION The Alameda‐Contra Costa Transit District (“AC Transit” or “District”) is a Special District, organized under the laws of the State of California, and provides public transit services to an area extending from western Contra Costa County to southern Alameda County. AC Transit has three (3) operating Divisions in addition to its Central Maintenance Facility, Training Center, and the General Office. The District is financed through the receipt of transit fares, property taxes and state and federal funding. This Request for Qualification (RFQ) outlines the scope of services requested for the District as well as information that should be included in the response. It is the District’s intent to award a contract to the responsible Consultant who provides the most responsive proposal conforming to this RFQ. AC Transit requests Statements of Qualification (SOQs) from Construction Management (CM) Services Consultant firms to provide the District services connected to the construction of the East Bay Bus Rapid Transit (BRT) Service as further detailed in the Scope of Services. These services shall cover engineering and construction management disciplines and will include systems testing, field inspection, document control, change management, scheduling, traffic control, cost estimating and project controls, among others. SOQs will remain in effect for one‐hundred twenty (120) days from the District’s designated date for receipt of the SOQs, unless mutually extended. No pre‐award costs will be reimbursed by the District. The signatures of the District’s General Manager and the Consultant’s authorized representative will constitute a binding award. 2. TENTATIVE SOLICITATION SCHEDULE (Subject to Change) RFQ Issued Pre‐Proposal Conference Written Addendum to RFQ Issued (if appropriate) Statement of Qualification Due Complete Review of the Qualifications Oral Presentations (if required) Review Cost Proposal and Negotiations Recommendation to Award Contract Execution Notice to Proceed
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May 27, 2016 June 9, 2016 June 16, 2016 June 30, 2016 July 8, 2016 July 12, 2016 July 15, 2016 July 27, 2016 July 29, 2016 August 1, 2016
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS a) Pre‐Proposal Conference will be held on June 9, 2016, at 10 a.m. – TBD a.m. in the 8th floor conference room of 1600 Franklin Street, Oakland, CA 94612. The Conference will consist of a brief discussion of the requirements and a question and answer period. Questions and/or requests for clarification will be answered at the Pre‐Proposal Conference, and if appropriate, by written addendum to the RFQ. If written addendum is issued, it will become a part of the proposal documents and binding on all eligible proposers. All addendum(s) shall be acknowledged in the Offerors cover page. b) Statements of Qualification must be clearly marked “2016‐1378 CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE” and received by 4:00 p.m. on June 30, 2016 at: AC Transit Purchasing Department Attn: Michael McGinley, Contract Specialist 1600 Franklin Street, 8th Floor Oakland, CA 94612 SOQs received after the time and date specified above, or at a location other than that shown above, will not be accepted. Such submittals will be returned unopened and will not be considered. SOQs may be sent by a mail delivery service or hand delivered. No other method of delivery, e.g., telephone, facsimile, e‐mail or telegraphic, will be accepted. c) For further information, prospective firms may contact Michael McGinley, either by telephone (510) 891‐5452 or email (
[email protected]), between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. 3. SCOPE OF WORK See Attachment A – Scope of Services. 4. PERIOD OF PERFORMANCE The District intends to enter into a minimum agreement for a term duration starting August 2016 to April 2018. These firms will be selected based on the Evaluation Criteria as delineated in this RFQ. Should there be delays AC Transit will consider extending the time of completion for performance. An option to extend the CM Services up to one year may be exercised should construction be delayed.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS
5. CONSTRUCTION MANAGEMENT TEAM STAFFING RESPONSIBILITIES AND QUALIFICATION REQUIREMENTS AND SCOPE OF SERVICES FOR PERSONNEL This section identifies the staffing positions, qualifications, responsibilities and Level of Effort (LOE) deemed appropriate for the BRT CM Contractor. As 35% of the evaluation is dependent upon the qualifications of team members, this section should provide guidance to how the Offeror staff its team. Significant time was spent developing the “resume‐like” position requirements below as a means to communicate what professional services and experience AC Transit will need throughout the duration of the contract. Also, proposed resumes will be evaluated relative to the required qualifications listed below and in the context of the overall qualifications of the proposed team. The elements defined under the classifications will be considered as scope as well as in the context of the Scope of Work section of this RFQ. To further understand AC Transit’s estimated LOE, a filled‐in manning hour table has been provided to match the positions below. However, it is recommended the Offeror review AC Transit’s staffing criteria, positions, and LOE, and provide an alternative if it believes it is more effective and cost efficient for the BRT construction project. A separate manning hour table and special instructions are provided for this effort in Attachment B. The labor staffing categories are listed below followed by the scope and required qualifications for each of the positions being requested under the CM Scope of Work: A. Construction Manager ‐ 1 FTE B. Resident Engineer (licensed in the State of California) ‐ 2 FTE C. Field Inspectors ‐ 2 FTEs D. Systems Testing Engineer (Field) ‐ 1 Year Duration or 0.6 FTE E. Specialty Field Inspectors (Field ‐ Structures, Electrical, etc.) ‐ 1 Year Duration or 0.6 FTE F. Office Engineer & Document Control Support ‐ 1 FTE G. Project Control Manager with Cost Estimating Expertise ‐ 1 FTE H. Project Scheduler with P6 and MS Project expertise ‐ 1 FTE I. Traffic Control Coordinator ‐ 1 FTE J.I. Civil Design Engineer (Optional) – 1 Year Duration Full‐time is identified from August 2016 to April 2018. Part‐time assumes the peak period of construction and the start‐up and testing period, which is projected to be 1221 months. The Offeror should not exceed the duration of FTE and part‐time LOE in its proposal. The Full Time Personnel proposed for this assignment shall be considered committed to this project full time for 21 months. Any change of personnel shall require the approval of AC Transit. If AC Transit is unsatisfied with the performance of staff, the Offeror shall remove and
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS replace said staff with other candidates approved by AC Transit. If there is not a suitable replacement with the Prime or its subcontractors, AC Transit may substitute said position(s) with those provided by AC Transit (or by another Contractor under AC Transit Direction). For the Construction Manager and the Senior Resident Engineers, the contractor shall not reassign those individuals to other work locations for the 21 month period. In the event the Contractor violates this provision, the Contractor shall pay AC Transit fifty thousand dollars ($50,000.00) upon request by AC Transit for each violation that occurs for the Construction Manager and for the Senior Resident Engineer. If Contractor’s employee accepts work for a firm other than the Contractor or a subsidiary of the Contractor, then no violation will have occurred. The scope of work to be performed by the Consultant will be authorized and directed at the sole discretion of the District. The District reserves the exclusive right to choose and subsequently control the nature, extent and timing of Consultant execution of work and staffing level adjustments as deemed appropriate by the District. This right also includes ordering the stopping or slowing of consultant work at AC Transit discretion for reasons that include delays in the Construction Contract. Removal from Service Contractor agrees that any employee who is the subject but not limited to the Contractors internal disciplinary process for any of the following offenses shall be removed by the Contractor from providing service under this Contract pending the results of CONTRACTOR’s internal disciplinary process. Removal from service conduct includes the following:
Committing incorrect or inappropriate acts while providing service Failure to follow AC Transit’s policies and procedures Conviction of any felony criminal offense Multiple missed deadlines Sexual misconduct Multiple failures to adequately and timely notify AC Transit of threats or delays to the project’s success
Formatted: Space After: 6 pt
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In the event that Authority, for good cause (including ineffective work efforts and comprehension of the project) desires the removal of any person(s) assigned by Consultant to perform the services under to this Agreement, Consultant shall remove such person(s) immediately upon receiving notice of such from Authority. Required Qualifications d) It is recommended that Offeror advise the District one week in advance of the due date for Statements of Qualifications if Offeror finds it difficult to meet a position’s qualifications, e.g., educational, special training, etc. The District will review the request and attempt to provide a final decision on any requested modification to qualifications within 24 hours by contacting Michael McGinley, either by telephone (510) 891‐5452 or email (
[email protected]), between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted.
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Formatted: Indent: Left: 0.38", No bullets or numbering
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS If the Offeror provides a slightly different set of positions as discussed above, the duties identified in the positions identified herein remainherein remain as part of the CM team’s scope responsibilities. A. Construction Manager (1 FTE) Responsibilities – Construction Manager 1) Successfully complete BRT construction project, meeting schedule and budget constraints, by managing the contractor, O.C. Jones & Sons (OCJ). 2) Provide a single point of contact between AC Transit’s Project Director and OCJ. 3) Ensure and schedule staffing resources to effectively and efficiently administer contracts. 4) Manage CM team’s effort, including the subcontractors, according to the weekly and monthly budget projections. 5) Conduct weekly staff meetings. 6) Ensure all SBE and DBE contributions (as further defined below) are monitored, met and reported monthly. 7) Ensure CM team is carefully managing and monitoring OCJ’s daily activities, costs and schedules. 8) Ensure Resident Engineers are managing utility coordination throughout the BRT corridor. 9) Identify, manage and ensure each Contract Data Requirements List (CDRL) is delivered, reviewed, and comments received are submitted timely and in accordance with the Contract specifications. 10) Ensure information for monthly and other staff/progress reports, including those for District Board of Director meetings and Federal Transit Administration (FTA) Quarterly meetings, are provided as required by AC Transit’s Project Director. 11) Review and approve all RFIs promptly and accurately. 12) Review contractor's baseline and progress schedules. 13) Facilitate progress of schedule and project milestones and review and recommend for approval OCJ’s payments per its milestone targets and schedule of values. 14) Recommend remedies to mitigate supply chain delays with OCJ and other third‐party contract service providers. 15) Actively participate in partnering meetings, as needed
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 16) Ensure all meeting minutes are developed, reviewed, approved and distributed to the attendees in a timely fashion. 17) Ensure all action items identified in the meeting minutes are fulfilled and issues resolved in a timely manner. 18) Share work with AC Transit to support Invoice Estimator for all subsequent months (form to be provided by AC Transit). 19) Ensure all CM team members report time and progress on weekly basis (form to be provided by AC Transit). 20) Interpret and explain plans and contract terms to administrative staff, construction workers, and others, representing the owner or OCJ. 21) Ensure all activities are in compliance with building and safety codes, rules and other applicable state, local, and federal regulations. 22) Ensure all field activities and mitigation measures are in compliance with the commitments made in the FEIR (Mitigation Monitoring Matrix available on AC Transit Website). 23) Assist in obtaining all necessary permits and licenses from appropriate agencies/entities. 24) Review change order cost estimates and recommend accepting, rejecting, or renegotiating with OCJ. 25) Ensure Buy America Certifications are submitted and documented in a timely manner. 26) Work and coordinate with the District's and City’s public outreach efforts. 27) Identify and provided to AC Transit Project Director all safety‐related accidents of OCJ and all staff, including missed days, incidents resolved, and other safety measures taken.
Required Qualifications – Construction Manager 1) Education: BA/BS Engineering or related discipline. MS or MBA preferred. (CA PE Preferred). 2) Qualifications: Earned credentials such as Certified Construction Manager (CCM), Project Management Professional (PMP) or Program Management Professional (PgMP) are highly desirable. 3) Experience: minimum of 15‐plus years of hands‐on experience and in‐depth understanding of the technical, financial and social issues associated with constructing a major capital improvement program such as the BRT Project and/or a major
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS transit/transportation construction project. Construction Manager must have experience with FTA grant requirements and compliance experience with NEPA and CEQA laws. Ability to work overtime, as needed. Weekend and night work may be required.
B. Resident Engineer (2 FTEs) ‐ 1 Senior, 1 Assistant (Assistant expected 50+% of time in field) Responsibilities – Resident Engineer 1) Create and hand out schedules for construction management team working in the field (daily, weekly, etc.). 2) Perform field quality control observations, assessments and reports. 3) Evaluate RFI’s impact and estimate associated cost. Review RFI immediately with the Construction Manager. 4) Review Change Order Cost Estimates and recommend to Construction Manager for accepting, rejecting, or renegotiating with OCJ. 5) Make field design decisions when time is of the essence, and record and report rationale for decisions immediately to the Construction Manager. Construction Manager will then report such decisions immediately to the Project Director. 6) Manage and coordinate all utility work (assumed to be role of Assistant RE identified in scope): a) Serves as primary point of contact between utilities and Construction Manager. b) Provides coordination between utilities relocations and minimizes any outages through careful planning with all affected parties. c) Advises Construction manager regarding scheduled and unscheduled utility outages. d) Assists with utility design activities by attending meetings, reviewing documents, coordinating activities, ensuring all parties receive and review ongoing information, facilitating site visits, improving coordination, and identifying right of way easements. e) Coordinates an urgent team response if any utilities are disturbed or penetrated and troubleshoots as appropriate. f) Researches prior rights, issues and franchise agreement issues. g) Details locations of utilities through as‐built drawings or other means to ensure OCJ is aware of any utility conflict.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS h) Provides day‐to‐day coordination of construction project as it affects utilities i) Reviews project documentation for compliance with all relevant regulations, codes, guidelines, and policies. 7) Inspect and assess the quality of materials being used for construction project. 8) Review and approve the inspectors’ daily inspection reports and quantity takes offs. 9) Review and approve Environmental Reports (SWPPP, WRRP, etc.) 10) Review and recommend for approval contractor’s progress payments, payment quantities, back‐up calculations, etc. 11) Review payments for materials, evidence of material purchase and shipment prior to incorporation into the project and recommend for approval. 12) Oversee the work of field staff to ensure efficacy of work procedures. 13) Ensure compliance to the project specifications and design drawings. 14) Make sure that all construction activities are being carried out in accordance to preset safety rules 15) Generate Safety Observation Reports and Safe Plans of Action. 16) Review OCJ's baseline and progress schedules. 17) Review for approval traffic control plans. 18) Review for approval false work plans. 19) Review for approval shoring plans. 20) Review for approval other contractor submittals. 21) Identify the need for, negotiate and generate contract change orders. 22) Track project costs and potential claims. 23) Clearly document Project progress through digital photographs and other means. 24) Ensure Contractor is operating in accordance with approved Quality Control and Quality Assurance Program. 25) Ensure availability of resources and materials at all times.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 26) Provide technical advice to field staff in order to ensure that construction procedures are being properly carried out. 27) Identify construction constraints, and plan and carry out measures to counter them. 28) Prepare public reports as requested by AC Transit’s Project Director. 29) Review and approve Inspector’s daily field reports. 30) Test sites to ensure appropriateness for construction of project. 31) Prepare periodic reports and assessments for each project phase 32) Conduct weekly progress meetings with OCJ. 33) Review and approve OCJ’s four‐week look‐ahead schedule. 34) Draft minutes for all contractual meetings. 35) Prepare Monthly Resident Engineer progress reports. 36) Develop Right‐of‐Way (ROW) access scheduling to ensure verify all work to be performed is done without overlap, or without having multiple contractors in the same location at the same time, consistent with ROW limitations set by cities in the BRT route or Caltrans and in a way that eliminates delay claims due to schedule conflicts. Required Qualifications – Resident Engineer and Assistant Engineer 1) Education: BA/BS Engineering, California PE required. 2) Qualifications: Earned credentials such as Certified Construction Manager (CCM), Project Management Professional (PMP) or Program Management Professional (PgMP) are highly desirable. 3) Experience: a minimum of 10 years of hands‐on experience and understanding of the technical, financial and community issues associated with constructing a major capital improvement program relevant to the BRT Program. Proficiency with Caltrans Standards, Caltrans Construction Manual and transit agency standards. Ability to work overtime, as needed. Some weekend and night work may be required. C. Field Inspectors (2 FTEs) Responsibilities – Field Inspector 1) Coordinate with OCJ’s field supervisors. 2) Inspect construction for conformance with the contract documents and QC/QA Plans.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 3) Perform quality assurance inspection of work activities. 4) Witness testing, as required. 5) Take and file construction photos. 6) Record construction activities in a daily diary and input into designated software. 7) Maintain project documentation. 8) Review submittals as directed. 9) Periodically attend progress meetings as directed by Resident Engineer. 10) Ensure the project is in conformance with all plans and specifications. 11) Perform quality assurance inspection of work activities. 12) Coordinate special inspections, shutdowns, tie‐ins and special assemblies. Responsible for contractor adherence to Technical Specifications. 13) Review OJC’s inspection logs. 14) Monitor that all construction activities are being carried out in accordance with accepted safety rules, plans, and procedures and will report deviations immediately to CM Transit CM Lead. Responsible for safety procedures while construction is being carried out. 15)14) Monitor the activities of the utility coordinator. 16)15) Assist with project close‐out and document archiving. Required Qualifications – Field Inspector 1) Education: Associates Degree in Civil Engineering Technology or related field. Relevant experience based upon submitted resumes may substitute for education. Ten years of successful experience in relevant position submitted in lieu of a degree if well documented. 2) Qualifications: Journeyman license in a relevant building trade is highly desirable; certification in commercial categories of International Code Council (ICC) for California is highly desirable. 3) Experience: Five years of public construction experience for public improvement projects. Advanced knowledge of building codes, materials analysis, building structures, construction processes and industry standards is required. Field Inspector must possess
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS knowledge of engineering principles and legal codes and policies, along with a valid driver’s license. D. Systems Testing Engineer (1 Year Duration or 0.6 FTE) Responsibilities – Systems Testing Engineer 1) Provide systems testing and integration support, including but not limited to, OCJ’s systems equipment to include installation and testing such as the following: a) Carrier Transmission System (CTS) b) SCADA System c) CCTV System, including head‐end servers d) Public Address equipment, including head‐end servers e) Fare Collection System (FCS) f) CTS network switches g) Dynamic Message Sign (DMS) System h) Clipper System i) Transit Signal Priority System j) Hardware and Software, including head‐end equipment at the OCC k) Traffic Signal System l) Clipper Card Readers m) Traffic Control Appliances 2) Support the integration tests of AC Transit’s third‐party integration of Clever Devices equipment and Hastus software. This position will also work with the Contractor to progress equipment moves towards final acceptance and to begin the warranty period. It is expected that this person will spend much of his/her time in the field. Though much of the testing for the above elements will be performed by others, it will require the Systems Test Engineer to witness tests, confirm all test results are safety certified by the engineer or contractor and filed as appropriate, and ensure integration is fully functional. 3) The position will require coordination with OCJ, AC Transit and Cities/Caltrans regarding signal and pedestrian installation/testing. Required Qualifications – System Testing Engineer 1) Education: BA/BS engineering degree preferably in electrical, telecommunications, information systems or computer. 2) Experience: 10 years hands‐on experience and understanding of the issues associated with systems testing for a major capital improvement program that is relevant to the BRT Project.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS E. Specialty Field Inspector (Field‐Structures, Electrical, etc.) (1 Year Duration or 0.6 FTE) Responsibilities – Specialty Field Inspector 1) Provide final QA/QC monitoring and witnessing of testing of all hardscape materials at all stations, including windscreens, benches, and all construction and mechanical/electrical installations, signage, PA, VMS, etc. 2) Responsible to recommend to AC Transit that the materials are properly installed and free of defect and vandalism prior to final acceptance. 3) Obtain supporting evidence that OCJ complies with all safety certification requirements for structures/facilities. Monitor OCJ’s QA/QC procedures/processes for proper application to structures and facilities constructed/installed by OCJ. Required Qualifications – Specialty Field Inspector 1) Education: BA/BS engineering degree preferably mechanical/structural or architectural. 2) Experience: 10 years hands‐on experience and understanding of the issues associated with structures and facilities for a major capital improvement program relevant to the BRT Project. F. Office Engineer & Document Control Support (1 FTE) Responsibilities – Office Engineer & Document Control Support 1) Assist the Construction Manager and his/her team as required. 2) Receive, log, and file project correspondence, submittals, RFI and drawings. 3) Accumulate daily project quantities of work and record in project control documentation. 4) Provide the document control interface for the Construction Management Team using AC Transit’s Web‐based submittal/correspondence program. 5) Assist with material deliveries and assist or take the lead in coding materials, labor and equipment 6) Interface with vendors and subcontractors with regards to scheduling activities, billing, and back charges. 7) Compile routine correspondence as requested by the Construction Manager and the Resident Engineer.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 8) Review and code delivery slips and purchase orders as needed. 9) Assist with all aspects of Cost Management for the project. 10) Prepare for preconstruction meeting (agenda, early action letter). 11) Oversee Setup and maintenance of project files. 12) Process / distribute / review submittals, RFIs, project documents, and correspondence. 13) Generate progress pay estimate or reviews contractor payment application for accuracy; ensure audit proof documentation is compiled for each pay estimate. 14) Manage RFI’s, including distribution and log. 15) Assist Inspector in generating monthly quantity calculations. 16) Perform labor compliance/EEO reviews/interviews. 17) Perform claims management tasks. 18) Perform schedule reviewing tasks. 19) Prepare correspondence. 20) Review certified payrolls and extra work bills for compliance with prevailing wage laws; conduct or coordinate labor compliance interviews, and document non‐conformances 21) Oversee Maintenance and updates of all project logs. Required Qualifications – Office Engineer & Document Control Support 1) Education: BS engineering major or construction related field. 2) Experience: 5 years of experience in the civil construction field. Individual should be a self‐starter with excellent verbal and written communication skills and demonstrated experience in monitoring the quality and construction of roadways, infrastructure, roadway facilities, and roadway barriers. A strong awareness of safety is required. G. Project Controls Manager (PCM) with Cost Estimating Expertise (1 FTE) Responsibilities – PCM with Cost Estimating Expertise
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 1) Lead a team of project controls specialists that perform cost control, scheduling, and document control tasks. 2) Directly interface with District and OCJ and will be located in District’s office along with the rest of the project controls team. 3) Quickly learn and adapt to company’s project controls process and procedures. These processes and procedures include but are not limited to: a) b) c) d) e) f) g) h) i) j)
Budget development and management Forecasting Accruals Change Management Risk Management Scheduling Document management and control oversight Develop and monitor of Best Industry Practices including Key performance indicators (KPI) to be identified by the Project Director Payment requisitions review Reviews Contractor(s) invoices and recommends payment, rejection, modifications to the RE.
4) Lead the effort to support/calculate cost estimates necessary to negotiate RFIs, change orders and mitigations that are anticipated for this project. Due to the size of this project, it is believed that the PCM will have sufficient time for cost estimating while being supported by a full‐time cost estimator and AC Transit support staff. Required Qualifications – PCM with Cost Estimating Expertise 1) Education: BS/BA in Engineering, Construction Management or related field. 2) Experience: A minimum of 10 years direct project controls experience on engineering and construction projects, including planning, estimating, forecasting, scheduling, cost control, schedule control, and project reports, in addition to the following qualifications: a) Expert user or understanding of Primavera P6 or other Software acceptable to the District. b) Understanding of resource level scheduling. c) Experience with earned value management is preferred. d) Experience with Contract Management software suitable to the District. e) Must have field experience in order to facilitate and produce detailed construction schedules and interface those construction schedules with engineering and procurement activities.
16
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS f)
Ability to work independently, think creatively and analytically, and make quick and sound decisions. g) Excellent written and verbal communication skills. h) Excellent interpersonal skills. i) Accounting experience preferred. j) Expert user of Microsoft office. k) Experience on large projects (>$100M). H. Project Scheduler with P6 and MS Project Expertise (1 FTE) Responsibilities – Project Scheduler with P6 and MS Project Expertise 1) Communicate effectively with all field staff members, scheduling consultant, OCJ and the District to ensure efficient and accurate schedule development and updates. 2) Meet and coordinate with subcontractors as required in development of baseline schedule, monthly updates and recovery schedules. 3) Identify and communicate significant schedule risks to staff and appropriate personnel. 4) Utilize Earned Value Management System (EVMS) Principles and experience to develop Work Breakdown Structures and coordinate with project staff to facilitate development of the project schedule. 5) Forecast impacts of variances to aid in the management of the schedule. 6) Use the cost loaded schedule as the basis of billings (if required by the District) 7) Utilize scheduling software to update and document schedule performance. 8) Monitor status schedule and progress. 9) Analyze delivery impacts, time extensions, claims, etc. through the use of schedule fragments. 10) Implement controls to avoid claims. 11) Interact with scheduling consultant in schedule reviews, claims analysis, etc. 12) Perform manpower projections/analysis. 13) Develop contingency schedules to address work‐around and unforeseen events. 14) Develop, manage, and update project risk registers with detailed risk mitigation plans. The position is believed not to consume 100% of a full time employee. When time allows, the individual will participate and support field inspections to assist other Inspectors and to
17
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS associate him/her‐self with the outside elements making the holder of this position more cognizant of the construction and installation by which he/she is scheduling. Required Qualifications – Project Scheduler with P6 and MS Project Expertise 1) Education: BS/BA in Construction Management or Engineering required.
I.
2) Experience: 7+ years of construction scheduling/management experience with 5+ equivalent years of experience in On‐Site Construction Management/Scheduling. Understanding of resource loading, analyzing and reporting on project schedules. P6 and MS Project software scheduling experience. Knowledge of construction means and methods. Good organization and communication skills. Traffic Control Coordinator (1 FTE) Responsibilities – Traffic Control Coordinator 1) Review and approve the OCJ’s BRT traffic control plans (TCP) 2) Ensure the OCJ’s BRT TCP are in compliance with the Specifications, ‘Construction Impact
Mitigation Plan’, Traffic Management Plan and ‘BRT Corridor ‐ Beneficial Use and Interim Operations Plan’. 3) Coordinate the review and approval of the OCJ’s BRT TCP with City of Oakland, Caltrans
and City of San Leandro. 4) Serve as a liaison and coordinate traffic control activities with all AC Transit internal
departments and external agencies (City of Oakland, City of San Leandro and Caltrans). 5) Coordinate and evaluate day‐to‐day operations of the TCP. 6) Coordinate with other concurrent non‐BRT related construction projects (EBMUD
waterline relocation work, PG&E electrical distribution conduit work, City of Oakland ADA Contractor work, City of Oakland Sidewalk and Lighting Contractor work, etc.) to eliminate disruptions to OCJ’s BRT work and to minimize traffic impacts. 7) Monitor the construction zone traffic and coordinate with OCJ to modify the TCP to
minimize or eliminate observed traffic delays. 8) Assist in updating the project website with information on bus stop relocations, bus stop
closures, traffic lane closures and detours.
18
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 9) Maintain regular attendance and punctuality.
Required Qualifications – Traffic Control Coordinator Education: Associates Degree and 5 years of directly related experience or an equivalent combination of education and experience sufficient to successfully perform the essential duties of the job such as those listed below: A. Traffic control practices, procedures and incident management B.
Manual of Uniform Traffic Control Devices
C.
Basic construction practices
D. Safe work practices in traffic control zones E.
Applicable federal, state, and local laws, rules, ordinances, statutes, and regulations
F.
Public relations principles
G. Prepare a variety of reports H. Compile and analyze data I.
Interpret complex documents
J.
Assist in preparing collateral and marketing materials
K.
Communicate with Contractors and Civil Inspectors to find resolutions to conflicts. J. Civil Design Engineer (Optional) – (1 Year Duration) The District may require the successful Offeror to provide design services during construction as a back‐up plan in the event the current Engineer‐of‐Record is unable to perform his or her duties through project completion. It is anticipated the level of effort will involve frequent but minimal changes to the 100% design plans, specifications and estimates. As such, the Offeror is asked to propose the optional service below. Responsibilities – Design Engineer 1) Integrate with Construction Management/RE staff to provide the District with expedited responses to technical Requests for Information (RFI’s). 2) Provide constructability oversight representative and perform services, as necessary, to ensure that construction activities are completed to the maximum benefit of the project and District.
19
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 3) Address/answer Resident Engineer’s and Contractor’s technical RFI’s related to: roadway, station platform, station canopy, landscape, irrigation, utility, communication/systems, architecture, drainage, and traffic signals. a)Address roadway RFI’s by the contractor and make changes to the plans, specifications, and bid item list as needed. b) Answer contractor station platform and canopies design related Request for Interpretations (RFIs) during construction. Review and approve the contractor’s submittals, including shop drawings. c) Answer contractor landscape design related Request for Interpretations (RFIs) during construction and prepare any design changes approved by the District. d) Answer contractor utility related Request for Interpretations (RFIs) during construction and prepare any design changes approved by the District. e) Answer contractor communications related Request for Interpretations (RFIs) during construction and prepare any design changes approved by the District. f) Answer contractor geotechnical design related Request for Interpretations (RFIs) during construction. 4) Consultant to provide revised/Contract Change Order (CCO) plans and specifications, as appropriate. 5) Review and approve the contractor’s submittals of a technical nature related to Consultant’s prepared contract documents, including equipment, products, materials, and change notices for conformance with contract documents. 6)
Make site visits at key points during construction.
7)
Prepare change order drawings and specifications.
8) Incorporate as‐built redline comments prepared by the contractor and Resident Engineer into the signed design plans. Provide redlines to Contract Documents. 9) Review redlines prior to inclusion in as‐built drawings. All drawings shall be provided to the District upon completion of construction.
20
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 10) Evaluate RFI’s determined to require design changes. Assess impacts to scope and schedule and estimate associated design and construction costs and review immediately with the RE and Construction Manager. 11) Participate in review of Change Order Cost Estimates resulting from design changes and recommend to RE and Construction Manager for accepting, rejecting, or renegotiating with the Contractor. 12)
Document all approved design changes and update as‐built plans accordingly
13) Support the resident engineer and inspectors by interpreting the plans when needed and providing assistance in identifying and addressing change orders. 14) Prepare design modifications to accommodate field conditions or stakeholder needs. 15) Prepare project Resident Engineer (RE) files to be made available to the Agency construction management team. 16) Document any perceived errors and/or omissions (E&O) by original Engineer‐of‐ Record and prepare a defensible case for substantiating subject claim to the District. Required Qualifications – Design Engineer 1) Education: BA/BS Engineering with a California PE. Master Degree in engineering or related field is preferred. 2) Qualifications: Earned credentials such as Certified Construction Manager (CCM), Project Management Professional (PMP) or Program Management Professional (PgMP) are highly desirable. 3) Experience: A minimum of 10 years hands‐on experience and understanding of the technical, financial and scope issues associated with constructing a major capital improvement program relevant to the BRT Program. Proficiency with Caltrans Standards, Caltrans Construction Manual and transit agency standards. Ability to work overtime. Some weekend and night work may be required. 6. OFFER AND STATEMENT OF QUALIFICATIONS Offers and Statements of Qualifications should directly, specifically and concisely address each of the elements described in the evaluation criteria set forth below. Offers and Statements of Qualifications are limited to 25 pages (excluding resumes) and should follow the format outlined below: A. Cover Letter
21
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS Submit a letter of introduction and an executive summary of the Offer and Statement of Qualifications. The introductory letter must be signed by a person or persons authorized to obligate your firm (or firms in the case of a joint venture) to the commitments set forth in the Offer and Statement in accordance with RFQ requirements. Submission of the letter will constitute a representation by your firm or joint venture that it is willing and able to successfully fulfill Project requirements. The cover letter must also include the following statement: “As an authorized representative of [FIRM], I bind the firm to every condition included in the Offer and Statement of Qualifications as well as to all the commitments described in this RFQ. This Offer is a firm offer and is binding and [FIRM] for 120 days.” B. Executive Summary Submit an executive summary, which should briefly describe the qualifications and organization of the Construction Management Team, and highlight the key points of the Offer and Statement of Qualifications, including a statement concerning the Contractor’s ability and commitment to meet Project requirements. C. Consultant Qualifications Provide the name, address, telephone number and qualifications of the Contractor’s Construction Manager and Construction Management Team to be assigned to the Project. Resumes must first identify relevant experience, starting with the most recent, including titles/positions held, dates employed, names of organizations, names of supervisors/ managers, with phone numbers and types and size (including dollar value) of projects worked on with specific roles/responsibilities. Resumes must also list education and training received (degrees earned and names and locations of schools). Resumes must also list any other pertinent credentials, including licenses (type, state registered and date acquired). Resumes are limited to a maximum of three (3) pages. Provide a brief description of your firm or joint venture. Briefly describe the major and relevant projects that your firm or joint venture has managed and/or played key technical roles that involved relevant to the BRT. D. Offeror Evaluation Evaluations will be conducted in a two‐step process. Using the Evaluation Criteria set forth below, the District will conduct a preliminary evaluation and scoring of the written offers. High scoring offers from the preliminary evaluation may be invited to give an oral presentation. Oral presentations, if given, will also be evaluated and ranked. The evaluation criteria are outlined below and shall be addressed specifically in Offeror Proposal. Offerors shall include shall include the following information in their offer. The evaluation criteria iscriteria are as follows: 1) Provide Qualifications of Construction Manager (15 Percent)
22
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS The experience of the candidate Construction Manager with Public Transit, Transportation and major Roadway construction Projects will be evaluated. The Manager’s qualifications should match the requirements identified in the Construction Management Team Staffing Qualification Requirements for the position. 2) Provide Qualifications of Construction Management Team (35 Percent) The qualifications of the candidates should closely match the candidate criteria provided in the Construction Management Team Staffing Qualification Requirements for each position and will be evaluated on that basis. 3) Provide Offeror’s Corporate Qualifications (10 Percent) Evaluation will focus on the firm’s experience with prior BRT projects and/or other relevant major transit and roadway capital programs. Though corporate experience is an important factor, this RFQ is more closely focused on the skill sets of the Construction Management Team members. The District understand many such members move from firm to firm in today’s work environment. The section should be no more than 3 pages of the 25 page total. 4) Construction Manager and Construction Management Team's working understanding of the scope, approach, multi‐discipline requirements and schedule constraints of the BRT Project (40 Percent). The BRT Project cannot assume a long learning curve, and this section of the Offeror’s response should demonstrate a clear understanding of the Project’s current issues, partners, and financial constraints. The Offeror must demonstrate that the team is multi‐disciplined and willing to provide multiple functions through past experience and understanding as it relates to the BRT Construction Program. Though it is important to understand all facets of the project including project outreach, political concerns, etc., this section should demonstrate a keen understanding of managing a large construction contract with minimal funds to support design changes and costly change orders and how it will manage RFIs. This section should also include an acknowledgement and willingness to work with the District in filling out weekly progress report forms (to be provided by the District) and estimates of hours to be used for the following month, and to have it agreed to one week prior to the beginning of the month (form to be provided by the District). The Offeror shall address all 9 items below in the proposal under this section. I. Understanding and Approach: Demonstrate your understanding of the Project, Scope, and how you would best manage your team to assist AC Transit to complete this project on schedule and within budget. II. Manning Hour Table: To demonstrate your understanding of staffing requirements, your proposal will require a manning hour table to be filled out over the course of the project (assume August 1 2016 to April 30, 2017) based
23
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS
III.
IV.
V.
VI.
VII.
upon the FTE requirements for the positions being solicited as identified in the RFQ. Those identified as full time FTEs are allowed no more than 160 hours/month. Part‐time employees’ hours should be filled in demonstrating your understanding of when their role would be of primary importance. To demonstrate the District’s understanding, it has filled out its own manning table for what it believes is appropriate for this CM effort. The Offeror is welcome to use this manning table or to propose a more cost effective/effective one. See Special Instructions for the manning table below. Staffing of a Multi‐Disciplinary Team: Describe how the Construction Manager will staff the team through an organization chart and a narrative that includes the importance of demonstrating the multi‐discipline nature of its team and how it meets those functions identified in the scope and the qualifications of staff identified in the RFQ. Please provide names for each of the team members identified. Though not required on the Proposal organization chart, the team should be cognizant that an AC Transit staff of 4 employees with diverse engineering/management skills will be a part of the team and will be managing the Field Office staff where the CM staff will work together. Schedule: Please provide a schedule of perceived critical milestones of the project. In this section please provide an understanding of what your team believes could jeopardize the project schedule and what would be your plan to mitigate such. Design Reviews: Understanding that this project has been issued as a 100% design, what is your approach to address potential RFIs, contractors or other findings of errors and/or omissions should they occur, and especially those that could result in a change order(s). Deliverables and Reporting: To demonstrate your understanding of reporting and communications, please provide a list of the reporting the Construction Manager will provide to ensure AC Transit staff, AC Transit Board, FTA, utilities, and other involved parties are fully aware of progress, issues to be resolved, etc. This should include those reports, schedules, update to CM Plans and Documents, FTA Quarterly, and annual. a) Daily Work Reports b) Weekly Work Reports c) Monthly d) Quarterly e) Annual Manuals and Deliverables: There are a number of manuals and documents (such as the PMP, CMP, etc.) that have been provided (see attachments in links). Please provide your understanding of the CM roles in updating them, providing additional documents and enforcing them as required by the BRT Project and FTA.
24
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS VIII.
Buy America: Demonstrate your understanding of managing the Buy America certification program as it applies to this construction project and the Construction Manager’s role in executing it to the FTA’s satisfaction. IX. CDRLS: Please provide your understanding of managing the CDRLs included in this RFQ. AC Transit has assigned roles to whom is responsible for each; however, the CM team will be responsible for managing/or reviewing them for acceptance, approval, or whatever is agreed to be appropriate. In your proposal, please feel free to identify what your team may believe are not necessary CDRLs as they may be redundant or unnecessary. Additionally, please provide those you may believe should be included. For informational purposes, the current CDRL list is provided in the RFQ electronic folder. 5) Scoring Guidelines: Technical Qualifications The Proposals will be evaluated based on each reviewer’s determination of each criteria and sub‐criteria compared to the degree of compliance with Contract requirements. Scores will be assigned according to the following: 5 Exceptional 4 Compliant Fully compliant with Contract requirements and with desirable strengths or betterments; no errors, or risks, or weaknesses or omissions. There is a high probability of success.
Fully compliant with Contract ‐ Meets in all aspects and may in some cases exceed the critical requirements
3 Good
2 Minimal
Generally compliant with Contract requirements; some minor errors, or risks, or weaknesses or omissions. Minor weaknesses can be readily corrected
Minimally compliant with Contract requirements; errors, or risks, or weaknesses or omissions; possible to correct and make acceptable.
1 Deficient Non‐compliant with Contract requirements; errors, or risks, or weaknesses or omissions
0 Unacceptable Totally deficient and not in compliance with Contract requirements; demonstrates a lack of understanding of Contract requirement.
Evaluators may utilize non‐whole numbers, i.e. decimals, in providing their raw scores. The Evaluation Team members will carry out and document its evaluations. Any extreme proposal deficiencies which may render a Proposal unacceptable will be documented. The Team members will make specific note of questions, issues, concerns and areas requiring clarification by Proposer(s) and to be discussed in any potential meetings with Proposers determined to be within the competitive range.
25
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS No information, financial or otherwise, will be provided to any firm submitting qualifications about any of the competing firms that submitted qualifications. Firms submitting qualifications will not be given a specific price or specific financial requirements they must meet to gain further consideration. Firms submitting qualifications will not be told of their rankings among the other submitted qualifications. 6) Application of Evaluation Criteria Technical proposals will be evaluated based on the reviewer’s determination of the degree of compliance with requirements. The evaluation criteria will be applied in the determination of competitive range, final evaluation, and elsewhere as needed in the evaluation steps described in subsequent sections. 7) Evaluation Scoring This evaluation process will be used to determine those Submitted Qualifications in the competitive range (highest ranking). The determination will be based on an overall composite score, arrived at by separate analysis of individual proposals by the evaluation team members. Based upon individual evaluations, a record of raw evaluation scores will be tabulated through the application of established weights. The “Weighted Method” of scoring will be utilized. 8) Special Instructions Regarding Manning Tables AC Transit has developed its understanding of the manning requirements (assume August 1, 2016 to April 30, 2018) as presented in the RFQ. This should help the Offeror to understand AC Transit’s current assessment of the needs of the BRT Project. Each of the positions in the manning table exactly match the job descriptions of the proposed and ideal candidates included in the RFQ as noted above. The Offeror is also provided a blank manning table to propose the same or an optional view that may be of more effective structure and costs to AC Transit. In addition to your Statement of Qualifications, in a separate marked envelope please submit a full cost estimate based upon your level of effort envisioned for this CM effort. Provide your costs in an excel format that clearly identifies labor by hours, overhead, fee and other direct costs for the prime and all subcontractors. This envelope will only be opened for the highest‐ranked qualified team following the full evaluation process. If an agreement cannot be reach with the highest‐ranked qualified team, we will begin negotiations with the next highest‐ranked qualified team. All other envelopes will be returned unopened to the Offeror. 9) Should Oral Presentations be requested from high‐scoring written offers, the weights to be assigned to the Evaluation Criteria will be adjusted as follows: 10% ‐ Qualifications of Construction Manager
26
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 23.33% ‐ Qualifications of Construction Management Team 6.67% ‐ Corporate Qualifications 26.67% ‐ CM and CM Team Understanding of BRT Project 33.33% ‐ Oral Presentations
7.
SUBMITTING OFFERS AND STATEMENTS OF QUALIFICATION All Offers shall be submitted by 4:00 p.m., local time, Thursday, June 30, 2016 to the following address: AC Transit General Office, Purchasing Department Michael McGinley, Contract Specialist 1600 Franklin Street Oakland, California 94612
A drop box will be located in the lobby of the general office where a District representative will date/ time stamp the bid. Offers must be submitted with a minimum of 6 hard copies as well as on either a CD ROM or flash drive. Offers are to be clearly marked “2016‐1378 CONSTRUCTION MANAGER SERVICES FOR EAST BAY BRT PROJECT.” Offers not received at the designated place by the designated date/time will be determined late and will not be considered for further evaluation. No facsimile or e‐mail transmissions of qualifications will be accepted. Offers will remain in effect for one hundred twenty (120) days from the designated date for receipt of qualifications, unless mutually extended. No pre‐award costs will be paid. 8.REJECTION OF OFFERS Qualifications may be rejected if they show such items as alteration of form, conditional or incomplete offers, irregularities that make the offers ambiguous or signature by other than an authorized person. Questions or further information concerning this RFQ shall be directed to: AC Transit Purchasing Department Attn: Michael McGinley, Contract Specialist 1600 Franklin Street Oakland, California 94612 Phone: (510) 891‐5452 Email:
[email protected] 9. PROTEST PROCEDURES Copies of the District’s Procurement Protest Procedures can be obtained online at http://www.actransit.org/about‐us/board‐of‐directors/board‐policies/. FAILURE TO
27
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS COMPLY WITH ANY OF THE REQUIREMENTS SET FORTH IN THE DISTRICT’S WRITTEN PROPOSAL PROTEST PROCEDURES MAY RESULT IN REJECTION OF THE PROTEST.
10.
RELEASE OF INFORMATION Awardee must receive prior permission from the District before using the District logo releasing any reports, information or promotional materials prepared in connection with this RFQ and subsequent contract award. The awardee shall provide a copy or copies to the District Project Manager for first review.
11.
12.
PROHIBITED INTERESTS No member, Director, Officer, or employee of the District during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof. Contractor covenants that it presently has no interest that would conflict in any manner with performance of services under this contract. Contractor further covenants that, in the performance of this contract, no person having any such interest shall be employed by contractor. Contractor further covenants that it receives no commissions or other payments from parties other than the District as a result of services performed hereunder. INSURANCE It is strongly recommended that contractors confer with their respective insurance carriers and/or brokers to determine in advance of proposal submission the availability of insurance coverage as required under this solicitation. Failure to comply with the insurance requirements may result in disqualification from award of the contract. Compliance with insurance requirements hereunder is considered a material term of the contract. Contractor shall procure and maintain for the duration of the contract and for a period of three years thereafter or the period of any contract warranties, whichever is longer, insurance against claims for injuries to persons or damages for property which may arise from or in connection with the performance of the work hereunder by the contractor, contractor’s agents, representatives, employees or subcontractors. The District reserves the right to alter, amend, increase or otherwise modify the insurance requirements stated herein. A. Coverage shall be at least as broad as: 1. General Liability coverage is to be equal to Insurance Services Office Commercial General Liability Occurrence Form CG0001. Coverage shall include but not be limited to products and completed operations hazards, contractual liability coverage, and not be subject to the “XCU” exclusions.
2.
Automotive Liability coverage is to be equal to Insurance Services Office Business Auto Form CA0001 covering Automobile Liability.
28
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 3.
Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
4.
Professional Errors and/or Omissions insurance appropriate to Contractor’s profession.
B.
Contractor shall maintain limits no less than:
1.
General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If aggregate limit is used, either separate aggregate limit shall apply or aggregate limit shall be twice the required occurrence limit.
2.
Automobile Liability: $2,000,000 combined single limit per accident for bodily injury and property damage.
3.
Workers’ Compensation: Workers’ Compensation limits as required by State of California and Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
4.
Errors/Omissions Liability: $1,000,000 per occurrence.
C.
D.
Deductible and/or self‐insured retentions must be declared to and approved by the District. The District reserves the option to require insurer to reduce or eliminate such deductible and self‐insured retention as to District and/or require Contractor to procure a bond guaranteeing payment of any deductible or self‐insured retention of losses, related investigations, claims, administration and defense expenses. Policies are to contain the following provisions:
1. General Liability and Automotive Liability a.
b.
The District, its officers, directors, officials and employees are to be covered as additional insured’s as respects to liability arising out of activities performed on behalf of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor, and automobiles owned, leased, hired or borrowed by Contractor. Coverage shall contain no special limitation on scope of protection afforded to the District, its officers, directors, officials or employees. For any claims related to this contract, Contractor insurance coverage shall be primary insurance as respects the District, its officers, directors, officials and employees. Any insurance or self‐insurance maintained by District, its officers,
29
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS officials or employees shall be in excess of Contractor insurance and shall not contribute with it. c.
d.
Any failure with reporting provisions of the policies including breaches of warranties, shall not affect coverage provided to the District, its officers, directors, officials or employees. Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurer’s liability.
2.
Workers’ Compensation and Employers Liability
3.
Insurer shall agree to waive all subrogation rights against the District, its officers, directors, officials and employees for losses arising from work performed by the Contractor. All Coverage
a.
Each policy required shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party or reduced in coverage’s or limits, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the District.
b.
Each policy is to be on an “Occurrence” form. “Claims Made” form requires prior approval by the District as well as Contractor required to provide acceptable evidence of policy retroactive date and to maintain coverage with same retroactive date for a period of not less than five (5) years following termination of services.
4.
Acceptability of Insurance Insurance is to be placed with California admitted insurers having a current A.M. Best & Co. rating of no less than “A‐:VII”.
5.
Verification of Coverage
Contractor shall furnish the District with appropriate Certificates of Insurance and Endorsements effecting coverages required and signed by a person authorized by insurer to bind coverage. Certificates and Endorsements are to be received and approved by the District prior to commencement of any work under Contract. The District reserves the right to require certified copies of all required insurance policies.
30
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS 6.
Other Requirements
a.
Should any work under this Contract be sublet, Contractor shall require each subcontractor to comply with all of Contract’s insurance provisions and provide proof of such compliance to the District.
b.
These insurance requirements shall not in any manner limit or otherwise qualify liabilities and obligations assumed by Contractor under this Contract, including indemnification provisions.
c.
Compliance with these insurance requirements is considered a material part of the Contract and breach of any such provision may, at the option of the District, be considered a material breach of the Contract and result in action by the District to withhold payment and/or terminate the Contract.
13.
VENDOR REGISTRATION Online Vendor Registration is required prior to contract award. Proposers should access www.actransit.org, select: Doing Business with AC Transit, Vendor Login and Registration, and Vendor Registration, to register as an Online Purchasing User. To complete the process, include a W‐9, Request for Taxpayer Identification Number and Certification (containing original signature) in offers. If online access is not available, contact the Purchasing Department for instructions.
14.
TYPE OF CONTRACT
This is a cost plus fixed fee with a guaranteed maximum contract. Actual audited field overhead rates will apply; however, shall not exceed 125%. Field offices and equipment will be supplied. A fixed fee will not exceed a 10% calculation based upon labor and overhead. 15. EQUAL OPPORTUNITY/NON DISCRIMINATION It is the policy of the District to ensure non‐discrimination in the award and administration of all contracts and to create a level playing field on which minority and small/local business can compete for all District contracts. In connection with the performance of this contract, the contractor will cooperate with the District in furthering the District’s policy. 16. SMALL LOCAL BUSINESS PROGRAM AC Transit has established a Small Local Business Procurement Program (Board Policy 351) to ensure that small local business enterprises have a meaningful opportunity to participate in AC Transit’s procurements. AC Transit believes that a Small Local Business Procurement Policy can provide support to small local businesses and enable them to more effectively compete for AC Transit procurements, especially those businesses that have been at a disadvantage in the past. Under the current Policy, a Small Local Business is a business that meets the U.S. Government’s Small Business Administration (SBA) size standard and is located within AC Transit’s geographical service area. A contract goal of 10% SBE participation has been established for this procurement.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY RAPID TRANSIT PROJECT SPECIAL CONDITIONS Contractors doing business with AC Transit are encouraged to utilize small local businesses in their subcontracts. Contractors responding to this solicitation shall complete and submit with their response, the Small Local Business Procurement Worksheet which indicates whether they intend to use small local businesses in the contract to be awarded, and, if so, the percentages of contract work to be allocated to small local businesses. Contractors can contact Mr. Phillip McCants, Contract Compliance Administrator for information on SLBE resources at
[email protected]. FURTHER INFORMATION For further information, prospective proposers may contact Michael McGinley by calling (510) 891‐ 5452, or by email
[email protected] between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted. (END OF SPECIAL CONDITIONS)
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY BUS RAPID TRANSIT FEDERAL REQUIREMENTS 1. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions of this RFQ include, in part, certain Standard Terms and Conditions required by the US Department of Transportation (DOT), whether or not expressly set forth in the RFQ. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference in any resulting agreement or contract. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in the resulting agreement or contract. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any District requests which would cause the District to be in violation of the FTA terms and conditions. 2. NO OBLIGATION BY THE FEDERAL GOVERNMENT The District and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying resulting contract, absent the express written consent by the Federal Government, the Federal Government is not a party to any resulting agreement or contract and shall not be subject to any obligations or liabilities to the District, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S DOT Regulations “Program Fraud Civil Remedies”, 49 C.F.R. Part 31, apply to its actions pertaining to this project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes or it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by the FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. . § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clauses shall not be
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY BUS RAPID TRANSIT FEDERAL REQUIREMENTS modified, except to identify the Sub‐Contractor who will be subject to the provisions. 4. ACCESS TO RECORDS The following access to records requirements apply to any resulting contract: Where the Purchaser is not a State but a local government and is the FTA Recipient or a sub‐grantee of the FTA Recipients. The Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 5. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in any resulting agreement or contract between the District and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this contract. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 6. CIVIL RIGHTS REQUIREMENTS Nondiscrimination ‐ In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY BUS RAPID TRANSIT FEDERAL REQUIREMENTS Equal Employment Opportunity ‐ The following equal employment opportunity requirements apply to the underlying contract: a. Race, Color, Creed, National Origin, Sex ‐ In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. b. Age ‐ In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities ‐ In accordance with section 102 of the Americans with Disabilities Act (ADA), as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. Any revisions to the ADA act thereof will be applied. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. TERMINATION / RESOLUTION OF DISPUTES Termination for Convenience The District may terminate the resulting agreement or contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close‐out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY BUS RAPID TRANSIT FEDERAL REQUIREMENTS to the District to be paid the Contractor. If the Contractor has any property in its possession belonging to the District, the Contractor will account for the same, and dispose of it in the manner the District directs. Termination for Default If the Contractor does not deliver supplies in accordance with the resulting agreement or contract delivery schedule, or, if the resulting agreement or contract is for services, the Contractor fails to perform in the manner called for in the resulting agreement or contract, or if the Contractor fails to comply with any other provisions of the resulting agreement or contract, the (Recipient) may terminate the agreement or contract for default. Termination shall be effected by serving a notice of termination on the Contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the District that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the District, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. Opportunity to Cure (General Provision) The District in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 45 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions
If Contractor fails to remedy to the District’s satisfaction the breach or default of any of the terms, covenants, or conditions of the resulting agreement or contract within 45 days after receipt by Contractor of written notice from the District setting forth the nature of said breach or default, the District shall have the right to terminate the agreement or contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the District from also pursuing all available remedies against Contractor and its sureties for said breach or default. Waiver of Remedies for any Breach In the event that the District elects to waive its remedies for any breach by Contractor of any covenant, term or condition of the resulting agreement or contract, such waiver by the District shall not limit the District's remedies for any succeeding breach of that or of any other term, covenant, or condition of the agreement or contract. Termination for Force Majeure The performance of work under this contract may be terminated by the District, in its discretion, upon application therefore by the Contractor and based upon unforeseen causes beyond the control and without the fault or negligence of the Contractor such as Acts of God which render impossible the Contractor’s performance under the contract. An “Act of God” shall mean an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature beyond the power of the Contractor to foresee or make preparation in defense against. Performance During Dispute Unless otherwise directed by the District, Contractor shall continue performance under the Contract while matters in dispute are being resolved. Further, the District shall pay Contractor for any undisputed work performed by Contractor prior to or during the resolution of the matters in dispute.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY BUS RAPID TRANSIT FEDERAL REQUIREMENTS Alternative Dispute Resolution/Mandatory Arbitration In the event that any controversy, claim or dispute between the District and the Contractor arising out of or related to this Contract, or the breach hereof, that has not been resolved by informal discussions and negotiations, either party may, by written notice to the other, invoke the formal dispute resolution procedures set forth herein. The written notice invoking these procedures shall set forth in reasonable detail the nature, background and circumstances of the controversy claim or dispute. During the thirty (30) days following said written notice, the parties shall meet, confer and negotiate in good faith to resolve the dispute. Either party may, during said thirty (30) day period, request the utilization of the services of a professional mediator, and the other party or parties to this dispute shall cooperate with such request and share the reasonable costs of such mediator. Mandatory and Binding Arbitration In the event that any controversy, claim or dispute between the District and the Contractor arising out of or related to this contract, or the breach hereof, cannot be settled or resolved amicably by the parties during the thirty (30) day period of good faith negotiations provided for above, the either party or any party hereto may submit said controversy, claim or dispute for binding arbitration before a single neutral arbitrator in accordance with the provisions contained herein and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“Rules”); provided, however, that notwithstanding any provisions of such Rules, the parties to the arbitration shall have the right to take depositions and obtain discovery regarding the subject matter of the arbitration, as provided in Title III of Part 4 (commencing with Section 1985) of the California Code of Civil Procedure, as and to the extent that the arbitrator deems fair and reasonable. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator shall determine all questions of fact and law relating to any controversy, claim or dispute hereunder, including but not limited to whether or not any such controversy, claim or dispute is subject to the arbitration provisions contained herein. Any party desiring arbitration shall serve on the other party or parties and the San Francisco Office of the American Arbitration Association, in accordance with the aforesaid Rules, its Notice of Intent to Arbitrate (“Notice”). The parties shall select a single, neutral arbitrator who is generally familiar with the factual and legal issues that relate to this Contract and the dispute to be resolved by arbitration. In the event that the parties are unable to agree on a neutral arbitrator, then one shall be selected in accordance with the Rules. The arbitration proceedings provided hereunder are hereby declared to be self‐executing and it shall not be necessary to petition a court to compel arbitration. The parties to the arbitration shall share equally all costs of the arbitration, including the fee of the neutral arbitrator, and each party shall bear its own costs. The arbitrator shall have the authority, in accordance with the provisions of this Contract, to award to the prevailing party its costs, including its share of the arbitration costs, and reasonable attorneys’ and expert witness fees and expenses. . If a controversy, claim or dispute arises between the parties which is subject to the arbitration provisions hereunder, and there exists or later arises a controversy, claim or dispute between the parties, or either of them, and any third party, which controversy, claim or dispute arises out of or relates to the same transaction or series of transactions, said third party controversy, claim or dispute shall be consolidated with the arbitration proceedings hereunder; provided, however, that any such third party shall be a party to an agreement with either of the parties which provides for the arbitration of disputes thereunder in accordance with rules and procedures substantially the
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY BUS RAPID TRANSIT FEDERAL REQUIREMENTS same in all material respects as provided for herein or, if not, shall consent to arbitration as provided for hereunder. All arbitration proceedings shall be held in Oakland, California. The Notice of the demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Waiver of Remedies for any Breach In the event that the District elects to waive its remedies for any breach by the Contractor of any covenant, term, or condition of this Contract, such waiver by the District shall not limit the district's remedies for any succeeding breach of that or any other term, covenant, or condition of this Contract. Other Disputes – Refer to general conditions, instructions and information for firm. 8. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The resulting agreement or contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT‐assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the District deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). 9. SUSPENSION AND DEBARMENT The resulting agreement or contract is a covered transaction for purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the District. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the District, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any agreement or contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY BUS RAPID TRANSIT FEDERAL REQUIREMENTS 10. ANTI‐LOBBYING REQUIREMENTS & CERTIFICATION Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non‐Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Contractor must complete and execute the form entitled "Certification Regarding Lobbying" which is attached hereto and is an integral part of this Contract. (See Attachment C.) 11. CLEAN AIR The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the District and understands and agrees that the District will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 12. CLEAN WATER REQUIREMENTS The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the District and understands and agrees that the District will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA. 13. ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 14. AMERICANS WITH DISABILITIES ACT (ADA) The Contractor agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; section 504 of the Rehabilitation Act of
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES EAST BAY BUS RAPID TRANSIT FEDERAL REQUIREMENTS 1973, amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements FTA may issue. These regulations provide that no handicapped individual, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this Agreement. 15. NOTIFICATION OF FEDERAL PARTICIPATION This contract may be financed in part by the Federal Transit Administration (FTA). Accordingly, federal requirements apply to this contract. In the event that those requirements are revised during the performance of this contract, the Contractor shall incorporate those revised provisions mandated by the FTA. 16. PRIVACY ACT The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. (END OF FEDERAL CLAUSES)
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK PROJECT BACKGROUND AC Transit’s East Bay Bus Rapid Transit (BRT) service will operate on a 9.5 mile corridor between the San Leandro BART Station and downtown Oakland through San Leandro Boulevard, Davis Street, East 14th Street, International Blvd., E 12th Street, 11th and 12th Streets and Broadway in the City of Oakland. The BRT is a transportation system which will provide rail‐like experience through improvements to existing infrastructure, vehicles and scheduling. As part of the project, 46 platforms will be constructed, underground utilities will be relocated, corridor lighting will be improved, pedestrian crossings will be enhanced, San Leandro Transit Center will be modernized, streets with dedicated BRT lanes will be rehabilitated and paved from curb to curb, curb ramps will be upgraded, new traffic signals will be installed, existing signals will be modified, traffic signals will be interconnected with a fiber optic network and Transit Signal Priority (TSP) will be instituted. It is expected that the Construction Management (CM) Services Consultant will successfully deliver the construction of the BRT project by ensuring all improvements are constructed in accordance with the approved Plans, Specifications and Permits, as may be amended or revised; that all construction activities and traffic control, utility coordination, are coordinated with concurrent construction projects undertaken by City of Oakland, PG&E, City of San Leandro, Caltrans, EBMUD and Affordable Housing Developers to minimize the disruptions to the residents, businesses and institutions along the project corridor; that all contractor’s and District’s community outreach activities are well coordinated; that all of the project documents are accounted for; and ultimately, that the District receives a successful review and acceptance by the affected Right‐of‐Way owners (City of Oakland, City of San Leandro and Caltrans) and Funding Partners, including the Federal Transit Administration (FTA). This work will be conducted at AC Transit’s upgraded Field Office at 985 66th Avenue, Oakland. This is a District facility and is currently being renovated for the Field Office team which can comfortably support up to 12 staff members. AC Transit will provide computer equipment, phones, and fax machines as required. A diagram of the location is provided in the RFQ document folder. “Attachment A” represents the Team’s functions by task levels 1‐4 identified below. However, the scope for personnel under “Special Conditions” is equally a part of the scope but identified by individual. These two are complementary and equally enforceable as part of the total scope of CM Services. General Assumptions
The District will provide 4provide 4 project staff to support the CM service.
The awarded contractor is expected to begin work on August 1, 2016 through April 30th 2018
Revenue Service Date is projected to be November of 2017
The level of service is based on construction and project closeout duration of approximately 21 months.
The District awarded the construction contract to O.C. Jones & Sons Inc. (OCJ) from Berkeley, CA, on March 14, 2016.
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK
The District issued Limited Notice‐To‐Proceed (LNTP) to the OCJ on April 26, 2016.
It is anticipated that all strategic community outreach will be performed by the District under a separate professional services contract.
Design engineers, will be available during construction to answer questions, review and respond to Request for Information (RFI) and submittals that require Engineer‐Of‐Record (EOR) expertise and response.
This is a federally funded project and solicitation, and services will be performed in accordance with Federal Transit Administration (FTA) requirements.
The consultant team will be provided a Field Office. It is anticipated that the CM Consultant will work out of this office at approved hourly field rates not to exceed 125%. Field Office maintenance, daily office supplies and utilities will be provided by the District.
SCOPE OF WORK Implement and update the Construction Management Program based on the District’s Project Management Plan (PMP), Construction Impact Mitigation Plan (CIMP), Construction Management Plan (CMP), Resident Engineering Manual (REM), Quality Assurance Plan (QAP), Contractor’s QA/QC Plan, contract administration of the Construction Contract, and others as deemed appropriate by AC Transit. The consultant shall provide the services of the following key personnel (refer to detailed Required Qualifications criteria provided for each of the positions listed below in Section 5 of the RFQ): Construction Manager ‐ 1 FTE Resident Engineer (licensed Professional Engineer in the State of California) ‐ 2 FTEs Field Inspectors ‐ 2 FTEs Systems Testing Engineer (Field) ‐ 1 Year Duration or 0.6 FTE Specialty Field Inspectors (Field ‐ Structures, Electrical, etc.) ‐ 1 Year Duration or 0.6 FTE Office Engineer & Document Control Support ‐ 1 FTE Project Control Manager with Cost Estimating Expertise ‐ 1 FTE Project Scheduler with P6 and MS Project expertise ‐ 1 FTE Traffic Control Coordinator ‐ 1 FTE Civil Design Engineer (Optional) – 1 Year Duration The above positions are believed to be AC Transit’s best assessment of talent required for this project. A manning hour table has been provided, which further highlights AC Transit’s assessment of the Level of Effort (LOE) required for each of these positions. However, the Offeror is encouraged to review AC Transit’s staffing criteria, positions, and LOE and to provide an alternative if it believes it is more effective and cost efficient for this BRT Project. Additional information regarding the manning table(s) is described in the Offeror Requirements (Special Conditions – paragraph 6) for submitting its response to the RFQ.
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK Task 1 – Management / Coordination / Administration Provide overall project management, coordination with the District, monthly progress reports, and invoicing. This effort will include the following elements:
Organize and layout work for the project staff. Prepare schedule updates monthly for Board Presentation. Prepare monthly expenditures and CM Consultant scope activities. Prepare invoices along with progress reports describing CM services provided each month per District’s requirements. Provide pre‐monthly invoicing estimates for the CM team in coordination with the Project Director prior to the initiation of services the following month. Provide weekly progress reports for all CM team members. Other duties associated with leading the CM team effort. Provide pre‐monthly invoice estimates to AC transit. Provide earned value project reports monthly for input to monthly project contractor, GM quarterly, FTA quarterly, and other reports as required.
Task 2‐ Construction Services‐ Office 2.1 Document Control: All documents shall be uploaded, logged and tracked in PMWEB. The original copies shall be housed at the field office and later transferred to the District general office. 2.2 Project Coordination: Liaison with the District, the District’s Construction Community Relation Managers (CCRM), construction contractor, design engineer, utilities and other stake holders on a regular basis to provide status updates and discuss project issues. 2.3 Project Labor Agreements (PLA)/ Construction Career Policy: The CM will attend a project Trade Council Meeting, and will also collect all ascent letters from the contractor. 2.4 Project Partnering Program: The District will implement a project partnering program, and will require CM representatives to participate in partnering program. 2.5 Project Controls: Prepare, monitor and provide updates to the Risk Register (RR), Mitigation Monitoring Program (MMP) and Contingency Management Plan to AC Transit’s designee regularly in collaboration with the District’s Project Controls designee. Detailed progress reports including but not limited to schedule progressions, cost status, and DBE/SBE utilization monitoring will be furnished to the District via electronic and hard copy format at a monthly interval. 2.6 Program Plans: Provide assistance, development, reviewing, revising and obtaining FTA approvals of the following program plans at key milestones of the program,
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK
2.7
a)
Program Management Plan (PMP)
b)
Quality Assurance Plan (QAP)
c)
Construction Management Plan (CMP)
d)
Resident Engineer Manual (RE)
e)
Safety and Security Certification Program (SSCP)
f)
Safety and Security Management Plan (SSMP)
g)
*Operations and Maintenance Plan (O&M)
h)
*Bus Fleet Management Plan (BFMP)
i)
* BRT Activation Plan
* CM effort is simply to review if necessary and documentprocess. AC Transit will lead these three efforts. The CM team will be required to support, in particular, the Activation Plan which will identify all tasks of AC Transit and its Contractors. Plan Interpretation: Provide Technical interpretations of the drawings, specifications, and contract documents, and evaluate requested deviations from the approved design or specifications. Coordinate with the District’s BRT team for resolutions of issues involving scope, schedule, and/or budget changes. Coordinate with EOR for necessary design modifications and plan revisions, as needed. Identify errors or omissions if deemed necessary by AC Transit.
2.8
Weekly Meetings: Lead and chair weekly meetings, including preparation of agenda, meeting minutes, and distribution of minutes to attendees. Outstanding issues to be tracked on weekly basis or more frequent, as necessary. Provide meeting minutes for weekly and all other pertinent meetings requiring such.
2.9
Utility Coordination: The CM team will provide utility coordination oversight to ensure project teams are successful in making all arrangements for timely and cost‐effective relocation of existing facilities. This will include obtaining and reviewing the existing utility agreements/franchise right between utility owners and the state and local agencies. Prepare independent cost estimates for relocating/protecting in place of utilities. Review all utility files prepared by the design consultant to assure accuracy of identification and verification of conflicting utilities. Will prepare Notice To Owner of all affected utility owners. When applicable prepare and process for execution, Joint Use Agreements, Consent to Common Use Agreements, Directors Easements Deeds or replacement ROW Easement conveyances to the Utility Owner. The CM team shall also lead and coordinate an urgent team response if any utilities are disturbed or penetrated and to trouble shoot immediately.
44
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK 2.10 Permits: The CM team will ensure that the contractor has secured all construction and environmental permits and that permits are kept current throughout the duration of the project. 2.11 Right of Way and Real Estate Support: The CM, as needed, will be prepared to address additional ROW and Real Estate efforts should they arise including ROW acquisition, title reviews, etc. 2.12 Design Management: The CM shall provide oversight during construction to ensure that all approved design changes are recognized and clearly communicated to all impacted parties. The CM will also be required to identify errors and omissions and estimate their costs should the designs be found deficient. The CM shall support AC Transit in any effort required to obtain financial recovery (should this be necessary) due to resolving error and omissions. All changes to the design will be maintained in an As‐Built plan file and provide a conformed set at project closeout. 2.13 Schedule Reviews: Update the Program Master Schedule monthly to report overall program progress during construction. Maintain current information regarding critical and near‐critical activities, milestones, progress and outstanding issues affecting the schedule. Perform detailed schedule review of the contractor for conformance with the contract documents and field observed progress. Perform schedule analysis on contractor provided updates and review schedule for delays and impacts. Coordinate with the contractor in the development of recovery scheduled, as needed, to address delays caused by either events or issues within the contractor’s control or other events or issues beyond the contractor’s control. Prepare Weekly Statement of Contract Days (WSCD). 2.14 Lump Sum Breakdown: Evaluate construction contractors’ Schedules of Values for lump sum items. Review the Contract Price allocations and verify that such allocations are made in accordance with the requirements of the Contract documents. 2.15 Monthly Progress Payment: Review progress reports with the contractor and prepare recommendation/request for the District’s approval. 2.16 Cost Projections: Develop Independent Cost Estimates (ICE) for construction contract change orders. Prepare monthly program cost forecast by analyzing the budgets, tracking actual expenditures, encumbrances, commitments, contingency levels and variances. Forecasts to be based on the current amount paid to date, pending change orders, bid item over/under run projections, contingency levels and other necessary information. A memo to file at substantial completion will be written outlining all of the bid items over/under‐runs. 2.17 Record Drawings: Review monthly record drawings prepared by the contractor and utilities, and prepare a conformed set of project record drawings based on contractors provided information and from inspection notes. Record drawings to be verified on a monthly basis, as part of the progress payment to the contractor. Upon project completion, contractor provided mark ups will be verified for completeness and supplemented with inspections information.
45
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK 2.18 CDRL Management: Review and monitor all CDRLs and be responsible for administrating all CDRLs and, in addition, be responsible for review/acceptance and/or approval of all those assigned in the attached CDRL to the RFQ. 2.19 Quality Assurance: Review Contractor’s QC Plan for approval. Additionally, the CM shall first review/accept/adopt District’s QAP and subsequently enforce it to ensure the Contractor is complying with its QC plan. The CM shall include as a part of the quarterly quality auditing process a review of Quality issues and means to correct deficiencies of the Contractor’s quality control efforts. 2.20 Project Closeout: Obtain all necessary close‐out documents like agency sign‐offs, punch‐lists, warranties, training manuals, liens etc. Transfer all project documents to the District for permanent storage. 2.21 Buy America: Ensure all buy America certification is provided in a timely manner and review and recommend acceptance of them. 2.22 Americans with Disabilities Act: All federal, state and local laws apply throughout the terms of the contract.
Formatted: Space After: 6 pt
2.23 Asset Inventory: Gather new asset serial data of equipment manufacture make, model, supplier, purchase year, purchase cost, warranty provisions, replacement cost, expected useful life, unit value, and quantities for the District’s Enterprise Asset Management System. New elements include but not limited to the following:
Formatted: Space Before: 6 pt, After: 6 pt
Bus Stop Shelter Surveillance System HVAC System Ticket Vending Machine Clipper Validator Platform Electrical System Bus Pad RTM Sign Control Cabinet Components Communication Cabinets and Components Traffic Signal Components Transit Signal Priority Components BRT Hardware Components at the District Operations Control Center (OCC) 2.24 Obtain supporting evidence that OCJ complies with all safety certification requirements for structures/facilities/System. Ensure all safety certification documents are in place and ready for FTA audits and review including all safety certifications for all elements identified in the safety certification plan (to be developed)
46
Formatted: Indent: Left: 1.25", No bullets or numbering Formatted: Font: +Body (Calibri), Font color: Black Formatted: Indent: Left: 0.5", Hanging: 0.38", Space Before: 6 pt, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25"
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK 2.25 Monitor OCJ’s QA/QC procedures/processes for proper application to structures and facilities constructed/installed by OCJ. Task 3‐ Construction Services ‐ Field 3.1 The consultant shall provide the services of a full time Construction Manager and other staff as identified in scope. Construction team staff shall oversee the following items of work, on the project site, and will observe the progress of the construction, including providing day‐to‐day contact with the contractor, community outreach team, designated local agency resident engineers and the District project management team: a) Monitor the construction contractor activities to ascertain whether or not they are performing the work in accordance with contract documents and the CMs approved Resident Engineer Manual. b) Provide necessary and qualified on‐site inspection to verify compliance with contract documents and mitigation monitoring plan. c) Prepare daily inspection reports and digital photographs to be uploaded to the PMWEB by the following morning. d) Document all materials delivered to the job sites. All material and equipment delivered shall be tracked for Buy America per FTA requirements. e) Observe material, workmanship, and construction areas for compliance with the contract documents and applicable codes, and notify construction contractor of noncompliance. Advise the District of any non‐conforming work observed and corrective measures / actions taken during site visits. f)
Take periodic digital photographs during the course of construction, and/or coordinate this task to be accomplished by the contractor. Oversee this activity and ensure photos are uploaded to the PMWEB for documentation.
g) Coordinate with all permitting agencies for all necessary permits needed for the project. h) Coordinate necessary inspections with the local agencies and utility companies assigned inspectors. i)
Coordinate with all Utilities
j)
Interpret contract documents in coordination with the District project management team and Procurement Department.
k) Monitor SWPPP compliance. l)
Monitor Traffic Control Plan compliance.
47
Formatted: Font: +Body (Calibri), Font color: Black
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK m) Monitor Environmental Mitigation Compliance. n) Observe and document the days/hours that the contractor’s personnel are on‐site. o) Upon substantial completion of work, coordinate with the affected agencies to prepare a punch list of items to be completed or corrected. Coordinate final inspection with those agencies. p) Coordinate with the utility agencies contractors performing utility relocation for the BRT project. City of Oakland will also be upgrading curb ramps along the corridor so close coordination will be required. q) Ensure that the contractor adheres to the Construction Staging Plan requirements for project phases and zones. 3.2
3.3
3.4
Material Testing: Document and evaluate results of testing and address deficiencies. If needed, coordinate the work of testing laboratories (as part of Other Direct Costs) in observation and testing of materials used in construction to verify contractor’s tests results. Traffic Control Coordination: CM will ensure contractor implements the approved post‐construction temporary traffic control plan that will remain in place until the final infrastructure is constructed and operational. System Testing and Pre‐Revenue Operations: The Field Systems Testing Engineer will review, oversee, witness and prepare reports on the following BRT systems installed, configured, and tested by the BRT Contractor. Carrier Transmission System (CTS) SCADA System CCTV System, including head‐end servers Public Address equipment, including head‐end servers Fare Collection System (FCS) CTS network switches Dynamic Message Sign (DMS) System Clipper System Transit Signal Priority System Hardware and Software, including head‐end equipment at the OCC Traffic Signal System During the system testing and pre‐revenue phase, the CM shall develop ROW access plans/procedures coordinating/supporting/scheduling the installation and testing of all traffic appliances, and system elements identified above. This effort will also include developing procedures for ROW access for all activities requiring such. This will include ROW access for construction, testing, and pre‐revenue operations.
48
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK Substantial Completion: Upon substantial completion of work, coordinate with the District’s project management team and Right‐of‐Way owners to perform a project inspection and develop a comprehensive list of deficiencies or punch list of items to be completed by the contractor. A punch list and Certification of Substantial Completion shall be prepared. Task 4 ‐ Submittal/RFI Processing 4.1 Submittals: Coordinate and perform design and administrative reviews of drawings, samples, traffic control plans, test reports, and other submittals from the contractor for compliance with the contract documents. All submittals shall be logged and tracked in PMWEB. All submittals requiring EBMUD approvals need to be logged and tracked in EDOC in addition to PMWEB. 4.2 Request for Information (RFI): Review and respond to RFI’s. Coordinate RFI reviews and responses from design engineer and other stake holders, as needed. All RFI’s shall be logged and tracked in PMWEB. 4.3 Record of Material (ROM): Maintain the ROM according to the local jurisdiction and FTA requirements. The ROM shall track all of the material delivered to the site including manufactures/supplier for Buy America requirements, material compliance documentation and other required documentations. 4.4 As Built Documentation: The CM team shall ensure all project record plans or as‐built drawings are field and transferred to the District at project closeout. 4.5 Operations and Maintenance (O&M) Manuals and Training: The CM team shall ensure all project related documents related to O&M manuals and training are secured from the contractor and transferred to the District. 3.5
49
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK Task 5 ‐ Change Management 5.1 PMWEB: The CM team shall log and track all change orders in PMWEB.
Formatted: Indent: Hanging: 0.5"
5.2
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Change Orders: Develop change orders per the District’s guidelines. Provide technical assistance to negotiate change orders and assist in resolution of disputes which may occur during the course of the project. Prepare independent cost estimate, time impact analysis, change order request form and all back up documentations necessary in addition to contractor’s pricing for each of the change orders.
ADDITIONAL WORK IN‐KIND‐SERVICES The Consultant could be called upon to perform additional work tasks related to the scope outlined above. Specific task scope, task budget, and task schedule to be negotiated and agreed upon at a future time before the additional tasks would be needed. Therefore, any additional closely related work required, including design, start‐up, TVMs, and pre‐revenue operations, would be issued via this task order if necessary.
Formatted: Font: Bold, Underline Formatted: Indent: Left: 0.5", First line: 0"
Task 6 – Design Services (Optional) Formatted: Indent: First line: 0", Space Before: 6 pt
The District may require the successful offeror to provide design services during construction to prepare design modifications, change order drawings, cost estimates and specifications as needed to minimize the delays to the construction activities and provide maximum benefit to the project and the District. Review technical RFIs, interpret plans & specifications, prepare design modifications to accommodate field conditions, maintain accurate as‐built drawings and document all perceived Errors & Omissions (E&O). This effort is to be negotiated as an option separately from the CM scope of services. The Offeror may wish to respond in its offer regarding this option; however, it is not required and no LOE should be identified for this effort in the manning‐table provided.
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Task 7 – Systems Start‐up, Testing, Fare Collection, Safety/Security, Integration Support (Optional)
Formatted: Space Before: 6 pt
Formatted: Indent: First line: 0", Space Before: 6 pt
The District may require services during the testing and start‐up of the Systems Start‐up, Testing, Fare Collection, Safety/Security, Integration Support and other services directly related to the proper functioning of equipment (i.e. Fare Collection), Pre‐Revenue Operations, and for Policy development, all which may be required as the Project advances from construction to testing/pre‐revenue operations. The Offeror may wish to respond in its offer regarding this option; however, it is not required and no LOE should be identified for this effort in the manning‐table provided.
Formatted: Space Before: 6 pt
Formatted: Indent: First line: 0", Space Before: 6 pt
Regarding fare collection, currently, AC Transit is developing programs to encourage the use of Clipper Cards and other non‐cash payments options for its passengers. In light of the capital and maintenance costs associated with installing Ticket Vending Machines (TVM) at 46 platforms over 9 miles, the District is developing programs to encourage maximum use of non TVM means of payment to avoid unnecessary costs, especially in light of revenues anticipated for this 9 mile BRT starter line. AC Transit is still undergoing its analysis in regards to the TVM type that will be procured promoting cost/effective approaches.
50
Formatted: Space Before: 6 pt
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT SERVICE ATTACHMENT A - SCOPE OF WORK Formatted: Normal, Indent: Left: 0.5", Right: 0.5", Space Before: 6 pt, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers, Tab stops: Not at 0.56"
51
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT B-2 OFFEROR MANNING TABLE ACT Manning Table
Formatted Table
Role
OH
Fee
Hours
Construction Manager
125.00%
10.00%
3,320
Senior Resident Engineer
125.00%
10.00%
3,360
Resident Engineer Support/ Safety Certification Compliance
125.00%
10.00%
3,360
Field Inspector 1
125.00%
10.00%
3,360
Field Inspector 2
125.00%
10.00%
3,360
Field Systems Testing Engineer
125.00%
10.00%
2,000
Specialty Inspector (Structures, Electrical)
125.00%
10.00%
1,980
Office Engineer/ Document Control Support
125.00%
10.00%
3,520
Project Controls Manager and Cost Estimator
125.00%
10.00%
3,360
Project Scheduler
125.00%
10.00%
3,360
Traffic Control Coordinator
125.00%
10.00%
3,160
Civil Engineer ‐ Design Support (Optional) Effort Level July Aug Role Hr Hr
125.00%
10.00%
2,560
Sept Hr
Oct Hr
Nov Hr
FY1617 Dec Jan Hr Hr
Feb Hr
Mar Hr
Apr Hr
May Hr
June Hr
July Hr
Aug Hr
Sep Hr
Oct Hr
Nov Hr
FY1718 Dec Jan Hr Hr
Feb Hr
Mar Hr
Apr Hr
May Hr
Jun Hr
Construction Manager
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
Senior Resident Engineer
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
Resident Engineer Support/ Safety Certification Compliance
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
Field Inspector 1
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
Field Inspector 2
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
0
0
0
0
0
0
80
80
80
80
80
80
160
160
160
160
160
160
160
160
80
80
0
0
0
20
20
40
40
40
80
80
80
80
80
80
160
160
160
160
160
160
160
80
80
40
0
0
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
0
0
Field Systems Testing Engineer Specialty Inspector (Structures, Electrical) Office Engineer/ Document Control Support
52
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT B-2 OFFEROR MANNING TABLE Effort Level Role Project Controls Manager and Cost Estimator Project Scheduler Traffic Control Coordinator Civil Engineer ‐ Design Support (Optional)
July
Aug
Sept
Oct
Nov
FY1617 Dec Jan
Feb
Mar
Apr
May
June
July
Aug
Sep
Oct
Nov
FY1718 Dec Jan
Feb
Mar
Apr
May
Jun
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
80
0
0
0
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
160
40
40
0
0
0
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
120
80
0
0
Sep Hr
Oct Hr
Alternative Manning Table Role
OH
Fee
Hours
125.00%
10.00%
125.00%
10.00%
125.00%
10.00%
125.00%
10.00%
125.00%
10.00%
125.00%
10.00%
125.00%
10.00%
125.00%
10.00%
125.00%
10.00%
Effort Level Role
FY1617 July Aug Hr Hr
Sept Hr
Oct Hr
Nov Hr
Dec Hr
Jan Hr
Feb Hr
Mar Hr
Apr Hr
53
May Hr
June Hr
FY1718 July Aug Hr Hr
Nov Hr
Dec Hr
Jan Hr
Feb Hr
Mar Hr
Apr Hr
May Hr
June Hr
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT B-2 OFFEROR MANNING TABLE
54
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐1: DISADVANTAGED BUSINESS ENTERPRISE (DBE) CERTIFICATION
Company Name Street /Mailing Address
City/State/Zip Code
TAX I.D.
I. PRIME CONSULTANT The Bidder/Proposer is a CalTrans, or other authorized certifying agency, certified DBE under the FTA Uniform Certification Program. Certification No. Expiration Date The Bidder/Proposer has applied for DBE status through CalTrans, or other authorized certifying agency, under the FTA Uniform Certification Program. Application Date Status of application
The Bidder/Proposer is not a CalTrans, or other authorized certifying agency, certified DBE under the Uniform Certification Program. II. SUB‐CONTRACTOR (if submitted in bid/proposal/offer) Attach a separate sheet for each sub‐contractor to be used in the performance of services under a proposal specifying the sub‐contractor DBE status as stated under section I listed above. If not already registered, sub‐contractors should access www.actransit.org, and complete an online vendor registration form by selecting purchasing, online purchasing, and registering as an Online Purchasing User. A W‐9, Request for Taxpayer Identification Number and Certification is required to complete the process. Prime Consultants are requested to explain the DBE program and encourage sub‐contractors to apply for certification. Prime Signature Position Title Date
55
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐2 DESIGNATION OF SUBCONTRACTORS To comply with the requirements of the California Subletting and Subcontracting Fair Practices Act, bidder shall list the name and address of each subcontractor, including D.B.E. subcontractors to whom the bidder proposes to Subcontract more than ½ of 1 percent of the work, and description and portions of the Work or services Subcontracted. Note: If subcontractors are utilized in a contract awarded from this RFQ, Consultant shall submit to the District, on a monthly basis, those payments made to all subcontractors. The form for reporting monthly payments to subcontractors will be supplied by the District to the successful Consultant after contract award. If there is no opportunity for Sub‐Contractor utilization, please indicate on the form with “N/A” and provide an explanation as to why not. Attach additional copies of this form if more space is required. Name: Address: Estimated dollar amount of subcontract & description of work: Is the firm a DBE? (YES/NO/PENDING) How many years has the firm been in business? What are the firm’s gross annual receipts for the most recent three years? Name: Address: Estimated dollar amount of subcontract: & description of work: Is the firm a DBE? (YES/NO/PENDING) How many years has the firm been in business? What are the firm’s gross annual receipts for the most recent three years? [END OF DESIGNATION OF SUBCONTRACTORS]
56
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐3 SMALL LOCAL BUSINESS PROCUREMENT WORKSHEET Consultants doing business with the District are encouraged to utilize small local businesses in their subcontracts. Under the current Board Policy (351), a Small Local Business is a business that meets the U.S. Government’s Small Business Administration (SBA) size standard and is located within AC Transit’s geographical service area. Consultants can contact the Contract Specialist or Buyer assigned to this procurement for information on SLBE resources. Consultants responding to this solicitation shall complete the following questions and include this Worksheet with their bid or proposal, indicating whether they intend to use Small Local Businesses in the contract to be awarded and, if so, the percentages of contract work to be allocated to Small Local Businesses. Note: If small local businesses are utilized as subcontractors in a contract awarded from this RFQ, Consultant shall submit to the District, on a monthly basis, those payments made to all subcontractors. The form for reporting monthly payments to subcontractors will be supplied by the District to the successful Consultant after contract award. If there is no opportunity for Small Local Business utilization, please indicate on the form with “N/A” and provide an explanation as to why not. Subcontractor name SLBE % of project work Certification No. Subcontractor name SLBE % of project work Certification No. Subcontractor name SLBE % of project work Certification No. Subcontractor name SLBE % of project work Certification No. Subcontractor name SLBE % of project work Certification No. [END OF SMALL LOCAL BUSINESS PROCUREMENT WORKSHEET]
57
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐4: REFERENCE QUESTIONAIRE FORM (Fill‐in and Return With Proposal) GENERAL INFORMATION All questions must be answered and the data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. 1. Name of Organization: 2. Telephone Number: 3. Number of Years in Business: 4. Organization is (check one): ___ Corporation ___ Partnership ___ Association ___ Joint Venture ___ Sole Proprietorship ___ Public Agency ___ Quasi‐Public Agency 5. If a Corporation, State where incorporated? 6. Date firm organized 7. Employee/Tax Identification Number: 8. Organization's Address: 9. List all major officers (including titles) in the Organization: 10. If firm is a partially, or a fully owned subsidiary of another firm, an appropriate statement must be included identifying all levels of corporate management required to approve contracts relating to any project resulting from this RFQ. 11. Indicate whether a specific corporation or joint venture would be formed for the sole purpose of receiving this Contract:
58
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS 12.
13.
14.
Has the firm ever been subject to a regulatory, state or Federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to business practices? Have any employees ever been investgated? Explain. Has a contract been “defaulted”? __________ If so, where, when and why? How was it resolved?
Has there been a past contract “debarment” action? __________ If so, where, when and why? _______
How was it resolved? 15.
Attach City, County, State Business License(s), Permit(s) copies to include dates and geographic areas of operation.
16.
Firm experience. State the number of year’s Proposer has provided like services for this RFQ requirement. Years
17.
List three current or past Public sector clients and contracts, whose services are comparable to those of the District. Include the contract value, scheduled contract completion date, a contact person and telephone number, and describe the level of services rendered for each contract.
59
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐5: REFERENCE QUESTIONAIRE FORM (Fill‐in and Return With Proposal) 1. Firm Name: Street: City, State, Zip: Contact: Telephone Number: Length of Service: MM ____ YR to ____ MM Brief Description of Products & Services Provided: 2. Firm Name: Street: City, State, Zip: Contact: Telephone Number: Length of Service: MM ____ YR to ____ MM Brief Description of Products & Services Provided:
____ YR
____ YR
3. Firm Name: Street: City, State, Zip: Contact: Telephone Number: Length of Service: MM ____ YR to Brief Description of Products & Services:
____ MM
____ YR
[END OF REFERENCE QUESTIONAIRE FORM]
60
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐6: PROMPT PAYMENT CERTIFICATION) Consultant will place a check in the appropriate box below that applies to this payment request. Re: Payment Request No. _______ I, ___________________________, the _________________________________ Name Title (e.g., President, VP., etc.) of _________________________ ("Company"), do state the following with regard to payments made under Contract No. ______________________ ("Contract"): 1. Subcontractors, at the first tier, both DBE and non‐DBE, who completed work and were listed for payment on the prior Payment Request No. _______, were paid no later than thirty (30) days after Company received payment from the District. 2. Copies of invoices and cancelled checks for subcontractors at the first tier who were paid under the prior payment request have been delivered or mailed to the DBE Department. In addition, Company has attached to the current Payment Request all lien waivers for prior subcontractor payments and any other documentation required by the District. (Failure to attach all required documentation to the Payment Request or forward cancelled checks and invoices to the District’s DBE Department may cause the Payment Request to be rejected by the District.) 3. All retained amounts withheld from any subcontractor who satisfactorily completed its portion of the contract work, including punch list items, were paid to the subcontractor(s) no later than sixty (60) days after it satisfactorily completed its work, whether or not the District has paid said retained amounts to Company. Attach a copy of the cancelled check evidencing payment of each retained amount. 4. There was no delay in or postponement of any payment owed to a subcontractor, whether periodic payment or retained amount, except for good cause and after receipt of prior written approval from the District’s Director of Procurement and Materials. Subscribed and sworn to _________________________________ before me this ___________________ Company Name _________________________________ day of _____________ 20______ Signature _________________________________ _______________________________ Print Name Notary Public Date: ____________________________ [END OF PROMPT PAYMENT CERTIFICATION]
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐7: Certification of Proposed Consultant Debarment, Suspension and Other Ineligible and Voluntary Exclusion (Consultant/Sub‐Contractor) ____ certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three year period preceding this submittal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and Have not within a three year period preceding this submittal had one or more public transactions (Federal, State or local) terminated for cause or default. If the proposed subcontractor is unable to certify to any of the statements in this certification, it shall attach an explanation to this certification. (Consultant/Subcontractor) _______________________, CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET. SEQ. ARE APPLICABLE THERETO. Signature and Title of Authorized Official [END OF DEBARMENT AND SUSPENSION]
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐8: LOBBYING DISCLOSURES INSTRUCTIONS FOR COMPLETION OF SF‐LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow‐up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub award recipient. Identify the tier of the sub awardee, e.g., the first sub awardee of the prime is the 1st tier. Sub awards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8.Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP‐DE‐90‐001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form; print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348‐0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348‐0046), Washington, DC 20503. [END OF INSTRUCTIONS]
65
AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐9: CERTIFICATION REGARDING LOBBYING I, _______________________________ (Name and Title of Authorized Official), hereby certify on behalf of __________________________ (Subcontractor) that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form‐LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature and Title of Authorized Official [END OF CERTIFICATION REGARDING LOBBYING]
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS ATTACHMENT NO. C‐10: DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal Action: a. Contract a. submittal/offer/application b. initial award b. Grant c. post‐award c. Cooperative agreement d. Loan e. loan guarantee f. loan insurance
3. Report Type: a. initial filing b. material change For Material Change Only: Year _____ Quarter _____ Date of Last Report: ______________________ 5. If Reporting Entity in No.4 is Sub‐awardee, Enter Name and Address of Prime: Congressional District, if known:
4. Name and Address of Reporting Entity: Prime Sub‐awardee Tier ____, if known Congressional District, if known: 6. Federal Department/Agency:
7. Federal Program Name/Description: CFDA Number, If applicable: ____________ 8. Federal Action Number, if known: 9. Award Amount, if known: $ 10a. Name and Address of Lobbying Entity (last 10b. Individuals Performing Services (including name, first name, MI): address if different from No. 10a) (attach continuation sheet(s) SF‐LLL‐A, if necessary) (last name, first name, MI): 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply): $________________ Actual Planned a. retainer b. one‐time fee c. commission 12. Form of Payment (check all that apply): d. contingent fee e. deferred Cash f. other, specify: in kind, specify nature ________________________________ _________________Value _______________
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AC TRANSIT DISTRICT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATION NO. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT C – OFFEROR FORMS 14. Brief description of Services Performed and Date(s) of Service, Including officer(s), employee(s), or Members(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) SF‐LLL‐A, if necessary) 15. Continuation Sheet(s) SF‐LLL‐A attached: Yes No
16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semi‐annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. Federal Use Only:
Signature: ________________________________ Print Name: ________________________________ Title: _____________________________________ Telephone No.: _____________________________
[END OF DISCLOSURE OF LOBBYING ACTIVITIES] (THE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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Authorized for Local Reproduction Standard Form ‐ LLL
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS No. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT D - DRAFT CONTRACT THIS CONTRACT is made and entered into this ____ day of _____ 2016, by and between ALAMEDA‐CONTRA COSTA TRANSIT DISTRICT (hereinafter “District”), a special transit district established pursuant to California Public Utilities Code, Section 24501 et seq., and _______ (hereinafter “Consultant”). THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF WORK/SERVICES Consultant shall provide services for The East Bay Bus Rapid Transit (BRT) Project, Construction Management Consultant Services in full accordance with Request for Proposal No. 2016‐1378 prepared and issued by the District entitled The East Bay Bus Rapid Transit (BRT Project, Construction Management Consultant Services as described herein. COMPONENT PARTS 2. This Contract shall consist of the following documents, each of which is on file with the District, and is incorporated into and made a part of this Contract by reference. In the event of a conflict these documents shall control in order of precedence as set forth below: A. This Contract and the special conditions, scope of work and terms of conditions. B. Request for Qualifications 2016‐1378 issued _____ and any addenda. C. Consultant Proposal submitted in response to RFQ 2016‐1378 dated _____. 3. PERIOD OF PERFORMANCE Services under this Contract shall commence on date of award August 1, 2016 to April 30, 2018. Consultant shall not be held liable for delays resulting from scheduling problems on the part of the District. 4. CONTRACT PRICE The District agrees to pay for the services in accordance with the submitted proposal. Award for these services will be on a cost plus fixed fee price basis in the amount of __________ ($X,XXX,XXX.XX). District and Consultant must mutually agree upon any adjustments in payment. Payment to the Consultant will be made within 30 Days after receipt of invoices is approved monthly. Invoices for services performed shall be submitted 15 days for the preceeding month by the Consultant to: AC Transit Accounts Payable, PO Box 28507, Oakland, CA 94604. The Contract Number and Purchase Order Number must be referenced on all invoices. Failure to do so could delay payment. 5. NOTICES Any notice which may be required under this Contract shall be in writing, shall be effective when received, and shall be given by personal service or by certified mail, return receipt requested, to the addresses set forth below or to such other addresses which may be specified in writing by the parties to this Contract.
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS No. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT D - DRAFT CONTRACT AC TRANSIT DISTRICT: Director of Procurement 1600 Franklin Street Oakland, California 94612 6.
CONSULTANT:
ATTORNEY'S FEES In the event that it becomes necessary for either party to bring a lawsuit to enforce any of the provisions of the Contract, the parties agree that the court having jurisdiction over such dispute shall have the authority to determine and fix reasonable attorney's fees to be paid to the prevailing party.
7.
SEVERABILITY If any provision of this Contract is declared void or unenforceable, such provision shall be deemed severed from this Contract, which shall otherwise remain in full force and effect.
8.
BINDING EFFECT All of the terms, provisions, and conditions of the Contract hereunder shall be binding upon and inure the parties hereto and the respective successors, assigns and legal representatives.
9.
10.
11.
12.
CONFLICT OF INTEREST By signing this Contract, Consultant covenants that it presently has no actual knowledge of any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services called for under this contract. Consultant further covenants that in the performance of this contract, no person having any such interest shall be employed by Consultant, and that Consultant receives no commissions or other payments from parties other than the District as a result of work performed hereunder. Failure to comply with this provision serves as a basis for termination for default and the collection of any damages. GOVERNING LAW This Contract, its interpretation and all work performed hereunder, shall be governed by the laws of the State of California. VENUE In the event of a dispute or breach of contract, venue shall be in Alameda County, California. ENTIRE AGREEMENT This Contract represents the entire agreement of the parties with respect to the subject matter hereof, and all such agreements entered into prior hereto are revoked and superseded by this Contract, and no representations,
71
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS No. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT D - DRAFT CONTRACT warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in other contemporaneous written agreements. This Contract may not be changed, modified or rescinded except in writing, signed by all parties hereto, and any attempt at oral modification of this agreement shall be void and of no effect. IN WITNESS WHEREOF, the parties have executed this Contract on the dates set forth below. AC TRANSIT DISTRICT: CONSULTANT: _______________________________ __________________________ Michael Hursh Date Name General Manager Approved as to Form and Content: _______________________________ Denise Standridge Date General Counsel [END OF SAMPLE CONTRACT]
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Date
AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS No. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT D E -– RESPONSE TO QUALIFICATIONS/ CLARIFICATIONSDRAFT CONTRACT 1) Question: The RFQ terms and Special Conditions require the construction manager/contractor to “ensure” that work performed by others is performed correctly to the satisfaction of client. Please confirm whether the intent of the language in the RFQ is for the construction manager/contractor to: a) be the guarantor of the work of others (as is currently written); or b) be required to manage, review, and coordinate the work of others in accordance with a standard of care based upon the construction management profession in the local area for the type of work being performed? Answer: The exact wording above is not found in the RFQ. However, the intent is as follows: The RFQ terms and Special Conditions require the construction manager/contractor to “ensure” that work performed by others is performed correctly by being in compliance with the plans and specifications. 2) Question: Page 11, item 36: The CM can’t “ensure” that all work performed within the Right‐of‐Way can be scheduled “without overlap, or without having multiple contractors in the same location at the same time”. Will AC Transit consider changing the word “ensure” to “verify”?
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Answer: Agree, will change to verify. 3) Question: Page 11, Required Qualifications – Resident Engineer: There are no qualifications shown for the implied Assistant Resident Engineer (ARE). If the Senior Resident Engineer is a Professional Engineer, licensed in California, and is principal field construction management liaison with the contractor, does the ARE need to be a licensed engineer? Answer: Both must fulfill the same requirements including education, CA PE, etc. Addenda will add to Page 11 Revising the “Required Qualifications – Resident Engineer” to Required Qualifications – Resident Engineer and Assistant Resident Engineer 4) Question: Page 11, item C.4): Is offsite material and fabrication witness testing a requirement of the CM or will AC Transit contract separately with an independent testing lab? Task 3.2, Material Testing (Page 49), alludes to an “if needed” situation for independent testing under the CM Contract. Is QA Materials Testing intended to be included in the scope of this CM RFQ? Answer: Yes, the offsite material and fabrication witness testing is a requirement of the CM provider.
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The answer for the second part of the question is that CM provider is responsible for retaining an independent testing lab for as needed services. It is the responsibility of the CM to have on call a testing lab and when used invoice as ODCs. 5) Question: Page 12, item C.14: The Contractor should be the first article party “Responsible for safety procedures while construction is being carried out”. Is it AC Transit’s intention to make the CM provider responsible for the construction contractor’s safety program or rather to review the construction contractor’s adherence to their own approved Health and Safety Plan and that it is cognizant of AC Transit’s published safety and security plan? Answer: Will change to “Monitor and document that all construction activities are being carried out in accordance with accepted safety rules, plans, and procedures and will report deviations immediately to the AC Transit CM Lead.”
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS No. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT D E -– RESPONSE TO QUALIFICATIONS/ CLARIFICATIONSDRAFT CONTRACT 6) Question: Page 14, Items F.5) and F.6): As written, these should be the responsibility of the Contractor and not the Office Engineer. The Project Controls Manager, Scheduler and the Resident Engineer would interface with the Contractor’s team when reviewing progress schedules and material deliveries. Coding of materials, labor and equipment is documented in the inspector’s daily report. Is AC Transit willing to delete or modify these items? Answer: The Office Engineer is expected to take the lead in ensuring that the coding for materials, labor and equipment are actually and accurately documented into the system. Others may support the task but it is desirable that the Office Engineer ensures the effort is being completed as opposed to 2 or 3 people. 7) Question: Page 14, item F.10): Has a Pre‐Construction Meeting with O.C. Jones has already been conducted? Answer: Yes, the pre‐construction meeting with O.C. Jones has already been conducted. Scope includes preparing for similar preconstruction meetings (agenda, early action letter) with third party utilities like EBMUD, PG&E, etc. 8) Question: Page 21, item 6): Is the cover letter included in the 25 page count? Answer: No.
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9) Question: Page 21, item 6): Do tabloid size pages (8.5”x11”) count as two pages. Answer: To be clear, there must be no more than 25 single pages of original reading. Of these 25 pages, it is allowed to have up to 5 single pages of tabloid size of 11” x 17" . Thus 20 pages of 8.5 x 11 and 5 pages of 17 X 11 are allowed. 10) Question: Page 22, item 6C): In the resumes, is it intended that all prior employers be listed (i.e. every engineering firm) or only those where projects undertaken and/or positions held are relevant to this scope of work? Answer: Only those resumes that is specific to this assignment. 11) Question: The Request for Qualifications for Construction Management Services uses the terms proposal (or offer) and qualifications interchangeably throughout the document. If the request is intended as a Request for Qualifications, is a cost proposal request in accordance with FTA procurement guidelines? Answer: As this is a RFQ cost will NOT be a factor when reviewing the Offeror’s submission. However, due to the short period to award this contract, we are asking all Offerors to submit the price in a sealed envelope. Only the highest qualified ranking team will be selected and that envelope will be opened to begin negotiations. Should AC Transit not be successful in negotiating with the most highly ranked team, then the second highest ranked team will be called in for negotiations beginning with his proposed costs, and so on. Those firms who are not selected to negotiate with will have their sealed envelopes submitted back to them “unopened”. 12) Question: Page 43, Item 2.6: The effort to “process” the three plans included as 2.6 g, 2.6 h and 2.6i is not clear. Reviewing and support is relevant, but process doesn’t appear to apply here, please clarify. Answer: The word “process” will be replaced with “document”. It was only meant to ensure the documents are properly controlled into the document control system. 13) Question: Page 44, Item 2.11: Does AC Transit desire to include a right of way acquisition coordinator as a position on the CM team?
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS No. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT D E -– RESPONSE TO QUALIFICATIONS/ CLARIFICATIONSDRAFT CONTRACT Answer: District doesn’t anticipate any right of way acquisition. The CM team is anticipated to retain the ROW acquisition services if needed and then be reimbursed through ODCs (if and when used those services). 14) Question: Page 48, Task 4.1, Submittals: The first sentence indicates the CM will perform design reviews of submittals. The published CDRL list indicates the CM will perform the first review but the designer (Parsons) will perform the technical design reviews (per industry standard). Is the CM team’s design review responsibility only applicable if AC Transit exercises the option to have the CM Team provide the optional Civil Design Engineer services? Answer: We do not believe the above is “per industry standard”. We fully expect the two Resident Engineers and the Construction Manager to be more than qualified to review design drawings and other technical work. Parson’s role was to provide 100% design drawings which have been provided to the Contractor. To ensure AC Transit has an independent review of the designs and RFIs (for examples), we expect the Resident Engineers, the Construction Manager and the entire team (collectively) to respond to design issues and the Resident Engineers to provide detailed technical responses. Currently the CDRL’s included in the attachments demonstrate the role of the CM team taking the lead for design reviews. Should there be an occasion where and error and omission is found requiring a Parson’s response, the CM should advise AC Transit of the issue to make that decision. 15) Question: Pages 50‐51: Are the “Rate/Hr.” and “Cost” cells that are shaded in the Manning Tables to be populated or left blank in the SOQ? Answer: The “Rate/Hr” and “Cost” cells will be removed to remove confusion. The revised Manning Tables without these columns are included with the Addenda. 16) Question: The indemnification provision (General Condition #8) has no comparative negligence standard. Is it the intent of AC Transit that the construction manager assumes liability for incidents that are beyond their negligence, as it is currently written? Answer: We will change the word “sole” to “gross” in the last sentence. 17) Question: These sections somewhat refer to materials testing: #7 on page 10, E‐1 on page 13, 3.2 on page 50. To clarify is this perhaps the type of testing that is being referenced? Quality assurance observation, monitoring and testing of construction materials to include engineered fill, aggregates, asphalt, reinforced concrete, structural steel, concrete, masonry, and fireproofing, for example? Also, if yes to the above, will AC Transit have this type of service in a sub consulting role to the CM prime under this contract? Or will AC Transit draw upon these services through another contracting vehicle? Answer: Per Section 3.2 of the Scope of Work, material testing is part of the RFQ. It is expected that the CM will have access to a lab that can be used on an on‐call basis to verify the general contractor’s test results. It is likely those services would be secured by the CM through a subcontract. 18) Question: Section 14 of the RFP states that proposer’s overhead rate shall not exceed 125%. Our role is listed as a “field” position in the staffing categories shown in Section 5, and we do not intend to use any field offices or equipment provided by the District. In that case, are we still restricted to 125% max even if our audited field overhead rate is higher?
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS No. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT D E -– RESPONSE TO QUALIFICATIONS/ CLARIFICATIONSDRAFT CONTRACT Answer: Yes, all CM staff categories are subject to 125% of maximum overhead rate. The “field” positions (System Testing Engineers & Specialty Field Inspectors) are expected to be integrated with the rest of the CM team while performing their scope of services. 19) Question: Are there any Measure BB dollars being used for this project, therefore having LBE goals also in place? Answer: No Measure BB funds are being used for this procurement. 20) Question: The contractor provides construction surveying, overall staking for the improvements. Does the CM provide QA survey? Answer: The CM provider is expected to implement the QAP and ensure Contractor follows approved QC/QA plans. A separate QA survey is not expected to be needed. 21) Question: The overhead rate appears to be capped in RFQ at 125%. Is this a combined team rate or to prime only? Is this in compliance with FAR?
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Answer: It is applies to the entire CM team. 22) Question: Can you provide more detail on the CAD/AVL interfaces and testing requirements? Answer: On a separate contracts District is upgrading its CAD/AVL system, installing the Real‐time message signs on 46 platforms and relocating the Operations Control Center (OCC). The BRT Contractor will be required to install, test and integrate BRT related servers (PIS, SCADA, etc.) and desktop monitors at the OCC. The OCC relocation construction will start by end of August for a total duration of 6‐7 months. The CAD/AVL implementation is ongoing. The CM provider is required to oversee the installation, testing and the integration process. 23) Question: Has AC Transit established firm areas of responsibility for CAD/AVL, bus manufacture and CM Firm? Please provide as much detail and current schedule of interfaces.
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Answer: See the answer to the question above. 24) Question: How will the outreach (community) activities be coordinated between the CM contract and the outreach contract? Answer: District is soliciting separate contract to oversee the outreach activities. District expects continuous coordination between the CM provider team, Outreach team and the contractor to seamlessly address, escalate and resolve the issues in an expeditious manner to not impact the construction progress. 25) Question: Contractor has material/QC requirements. Does CM need QA testing to complete random sampling and testing to check contractor QC testing program?
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Answer: Yes. 26) Question: Is it anticipated that the majority of work will occur at night? Answer: No.
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27) Question: There are federal funds provided on the project but no DBE requirements. This does not seem to be correct?
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AC TRANSIT PURCHASING DEPARTMENT
REQUEST FOR QUALIFICATIONS No. 2016-1378
CONSTRUCTION MANAGEMENT SERVICES FOR EAST BAY BUS RAPID TRANSIT PROJECT ATTACHMENT D E -– RESPONSE TO QUALIFICATIONS/ CLARIFICATIONSDRAFT CONTRACT Answer: The solicitation’s DBE provisions are consistent with the District’s FTA‐approved DBE Program 28) Question: The subject SOQ references a number of manuals and documents (such as the PMP, CMP, etc.) that have been provided for Proposers information. I was unable to find a link to the PMP, and was unable to read or open three other documents that were provided: BRT BP3 CIMP.pdf, BRT BP3 Beneficial Use Principles.pdf, and BRT BP3 Business TA Program.pdf. It would be appreciated if you could repost these four documents. Answer: Go to: https://www.dropbox.com/sh/gi813oo3u7x21ft/AADwS_GGkn6Jc8rgt3ZvVGCWa/Manuals?dl=0
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29) Clarification: ORALS Response: Orals will likely be required and scheduled for July 12th. Orals will be worth 1/3 of the final score and the Proposals will be worth 2/3.
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30) Clarification: Conflict of Interest: Response: Should a member of the CM team include current subcontractors of OC Jones working on the East Bay BRT, it will be the sole responsibility of the District to make the decision if the subcontractor(s) poses a conflict of interest. This could lead to a disqualification of the CM’s Offer should the District believe such is a conflict exist. A conflict could arise, but not limited to potential and separate responsibilities and allegiances, and/or in fulfilling multiple conflicting responsibilities on more than one contract. Potential offerors are directed to Paragraphs 12 and 11 of the RFQ’s General and Special Conditions, respectively, as well as Paragraph 1 of RFQ’s Federal Requirements. FTA Circular 4220.1F prohibits engaging in practices that result in organizational conflicts of interest as does the District’s Procurement Policy.
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