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2.6.2 Table of Labor Rates

The Proposer shall list on the applicable EXHIBIT 7 (A, B, C, D and E), for all individuals proposed for assignment to all potential projects requiring the Contract Services, firm name (prime contractor and subcontractors), name of individual, proposed role in the Contract Services, and proposed hourly rates over the maximum 4-year term of the Agreement. If fully burdened rates are to be utilized, the Proposer shall note accordingly.

In addition to an hourly rate structure, Proposers are encouraged to propose alternate fee structures that will be cost effective to Authority. Alternate billing arrangements may be offered as options for any and all categories of the Contract Services.
If the Proposer is a joint venture, a separate partial Summary of Costs shall be furnished for each entity of the joint venture, as well as the composite Summary of Costs for the joint venture. This partial summary will identify only those labor and expense costs for each entity of the joint venture.
2.7 Appendix Information
This section shall contain the following information, unless otherwise specifically noted. Proposer shall include the required information in this section in the “Appendix” section of its Proposal.

2.7.1 Financial Information

The Proposer will be required to present, in sufficient detail to Authority, financial records for Authority to review the financial condition of the Proposer, in order for Proposer to be considered eligible for award of the Agreement with Authority for the required services. Any financial information presented shall be prepared in accordance with United States Generally Accepted Accounting Principles (G.A.A.P.).
If the Proposer is a publicly-held firm, the financial information of the Proposer shall be included in its Proposal (separate statements for each entity forming a joint venture).
If the Proposer is a privately-held firm, the Proposer may either provide its financial records with its Proposal (separate statements for each entity forming a joint venture), or it may defer making such financial records available for inspection by Authority until after Authority has informed the Proposer that it has been short-listed for consideration for award of an Agreement.

Financial Statements

For either publicly-held or privately-held firms, the financial information to be provided shall include, if available:

Independently Audited Financial Statements

Independently audited financial statement (either a certified audit or review) that includes a balance sheet, statement of income and expenses (profit and loss), and statement of cash flows for the two most recently completed financial years, including notes to the statements;

For privately held companies, if independently audited financial statements are not available, then

Financial Statements Not Independently Audited

If not independently audited, then either:

(i) a compilation of financial statements performed by an independent accountant that includes a balance sheet, statement of income and expenses (profit and loss), and statement of cash flows for the two most recently completed financial years. If such statements are not available, then:
(ii) an internally prepared financial statement, including a balance sheet and statement of income and expenses (profit and loss) for the two most recently completed financial years, certified as true and correct by the president and chief financial officer of the Proposer, in either case, to include credit references or other financial documentation as may be required in order to portray the financial soundness of the Proposer to Authority’s satisfaction.
In addition, the Proposer must certify in writing that there have been no material changes in the company's financial condition or events that could have a material impact on the company's financial condition subsequent to the last audit or date of reporting period on the financial statements. Any such changes in financial condition or subsequent events must be fully disclosed in writing and signed by the president and chief financial officer.
2.7.1.2 Exceptions for Privately-Held Firms

For a privately-held firm which elects to not include its financial records with its Proposal, such Proposer will be required to submit financial records as specified above, within three business days of being requested to do so by Authority.

If Proposer is not willing to permit copies of such financial records to be retained by Authority, the Proposer will be required to attend a meeting, to be scheduled at the convenience of Authority, to enable Authority to review said financial records. Proposer agrees that Authority may document, for Authority records, its review and assessment of Proposer’s financial condition and such financial records, including, without limitation, taking notes about data contained in the financial records relative to Authority’s review.

In the event that the Proposer does not have any cash flow documentation for preceding years of operation, Authority will accept current bank references (including a bank contact name and contact details) in lieu of a cash flow statement.

In cases where independently audited financial statements are not presented, then signed copies of the Proposer’s Federal Income Tax filings, including all applicable schedules pertinent to the Proposer’s filing return, are required to be submitted along with the compilation or internally prepared statements.

2.7.2 Certification of Proposer Regarding Debarment

The “Certification of Proposer Regarding Debarment, Suspension and Other Responsibility Matters” or the “Certification of Proposer Regarding Debarment, Suspension and other Ineligibility and Voluntary Exclusions”, whichever is appropriate, for the Proposer (EXHIBIT 2). A Proposal which does not include the required Certification may be considered non-responsive and ineligible for award of the Agreement.
2.7.3 Certification Regarding Lobbying
The “Certification Regarding Lobbying” (EXHIBIT 3), and a Disclosure Form, if required, for proposal exceeding $100,000. A Proposal which does not include the required Certification may be considered non-responsive and ineligible for award of the Agreement.
2.7.4 Proposer/Subcontractor Data Form
The “Proposer/Subcontractor Data Form” (EXHIBIT 4) for Proposer and all its subcontractors.

Resumes

See Section 2.5.2 of the RFP.

2.7.6 Key Personnel Guarantee
See Section 2.5.3 of the RFP.
2.7.7 Affirmative Action and Equal Opportunity Policy
The Proposer's corporate Affirmative Action and Equal Opportunity policy statement posting, when required by law. The posting shall be signed and dated and shall also state the original date of adoption of this policy statement.
2.7.8 Insurance Requirements
A statement that includes the following: “The insurance coverage, as required by Exhibit 1 of the sample Agreement, can be obtained and will be carried without reservation or exclusion should (Name of Proposer) be awarded an agreement according to the RFP”.
2.7.9 Joint Venture Requirements
If the Proposer is a joint venture, the Proposer shall include a written statement explaining how the joint venture will fulfill the requirements

of the Agreement, with explanation, shall fully discuss and identify the responsibility of each entity forming the joint venture for performing the Contract Services and providing the insurance required by the Agreement.

3.0 PROPOSAL SELECTION PROCESS
The selection process, in accordance with FTA requirements and Authority policies, is to be conducted in a manner providing maximum open and free competition as well as facilitating expeditious negotiations once the top rated Proposers are identified.

3.1 Selection Sequence

The selection of the top rated Proposer(s) to perform the required Contract Services will be accomplished in three steps, as follows:

Step 1 - Proposal Evaluations
(a) Each Proposal will be examined by Authority's Evaluation Committee for compliance with the stated requirements in Section 2 and as outlined in EXHIBIT 8.
(b) Those Proposals found in compliance with the stated requirements will be held for evaluation by the Committee. The evaluation will be undertaken utilizing the Proposal Evaluation Rating Sheet, EXHIBIT 9, to determine the highest rated Proposer(s) to perform the Contract Services. The Proposers will be evaluated (Preliminary Rating) on the basis of ability to perform all services as set forth in the Scope of Services, Section 4.
Step 2 – Interview
Separate interviews, at Authority’s option, will be arranged with those Proposers identified as the highest rated as the result of the Step 1 evaluation. Interviews will provide Authority the opportunity to evaluate the verbal/graphic presentations and to question the Proposers regarding both the written and verbal presentations. The proposed Project Manager will be asked to lead the interview presentation. Upon completion of the interview process, the Proposers will again be rated (Final Rating).
Step 3 - Proceed with Negotiations
Authority will then proceed with negotiations with the Proposer or Proposers with the highest ratings as a result of Steps 1 and 2.
3.2 Negotiations
The Staffing Table information from all Proposers, as well as Authority's estimate, will assist Authority in determining a reasonable range of manpower and cost distribution to perform the Contract Services. Negotiations will commence with the highest rated Proposer(s) for each category as determined in Section 3.1. At this time, the highest rated Proposer(s) will be required to submit the Summary of Costs in accordance with Section 2.6.
In the event Authority cannot negotiate a satisfactory contract with the highest rated Proposer(s), negotiations will be terminated with that Proposer and Authority will then proceed, if it deems necessary, with negotiations with the next highest rated Proposer.

The above process will continue until satisfactory contractual arrangements with a suitable number of Proposers for each category have been reached.

The number of Proposers for each category shall be determined at the sole discretion of Authority.
Authority shall retain the right to reject any and all Proposals.
3.3 Contract Award
The proposed Agreement resulting from the negotiations described in Section 3.2 shall be presented to the Chief Executive Officer of Authority for review and his/her recommendation to the Authority's Board for approval. Authority's staff is not empowered to enter into an Agreement without the formal authorization of the Authority Board.

Cancellation of Procurement

Authority reserves the right to cancel the procurement, either in its entirety or with respect to any one or more of the Categories A, B, C, D and/or E, and not award the Agreement for any category for any reason whatsoever, at any time, before the Agreement is fully executed and approved on behalf of Authority.

3.5 Proposal Protest Procedures
Any actual or prospective Proposer who is aggrieved in connection with the solicitation or award of any agreement may file a protest with Authority. A copy of the procedures for submitting such protests is available at Authority’s website at www.portauthority.org by following the links “Company Info & Projects”, “Doing Business”, “Procurement”, “Purchasing Information”.
4.0 SCOPE OF SERVICES
4.1 General Description of Services
Authority will retain the services of a pool of firms to provide Construction Management Services in up to five (5) categories on an “as-needed” basis in support of construction projects. Services will be initiated by Authority under task-specific Work Orders, each with a specific Scope of Work. For the following Scope of Services the term “CM” shall be understood to be the Proposer that is awarded this Agreement, and the term “CM Services” is understood to be the Contract Services for this Agreement. The term “Contractor” shall be understood to be the construction contractor and the term “Designer” shall be understood to be Authority’s design consultant.

4.2 Categories of Services

The following are descriptions of the five (5) construction management service categories. The Authority shall, at its sole discretion, make assignment of each Work Order to the specific category. Inasmuch as a Work Order may require tasks listed in multiple categories, assignments shall be made based on the majority of the category of service required.

Bridges - The work in this category could encompass, but would not be limited to, repairs, renovations, additions and/or new construction of any Authority elevated fixed guideway over land and/or waterway (bridges, viaducts, etc.) and associated work.
Heavy & Highway - The work in this category could encompass, but would not be limited to, repairs, renovations, additions and/or new construction of any Authority at-grade busway infrastructure and associated structures (busways, tunnels, retaining walls, stairways, walkways, waterlines, etc.).
Garage & Facility - The work in this category could encompass, but would not be limited to, repairs, renovations, additions and/or new construction of any Authority building, vehicle maintenance support systems and associated work (mechanical, electrical, plumbing, HVAC, lighting, bus lifts, paint booths, etc.).
Way & Site Work - The work in this category could encompass, but would not be limited to, repairs, renovations, additions and/or new construction of any Authority light rail building structures, vertical transportation and associated work (light rail transit track ways, stations (LRT, bus & Incline), park & rides, etc.).
Systems & Electrical - The work in this category could encompass, but would not be limited to, repairs, renovations, additions and/or new construction of any Authority control system, communication system, transportation management system, electrical transmission system and associated work (light rail transit systems, control & signal systems, light rail vehicles. electrical systems, fire/life safety systems, etc.).

The Scope of Services consists of furnishing all, or portions of, the following Construction Management Services as may be required by each individually negotiated and authorized Work Order under the Agreement and as set forth in Authority’s Construction Management Services Procedures Manual.

All personnel employed by the CM shall be properly trained and licensed/certified for their respective duties. It is the responsibility of the CM to have knowledge of any requirements covered under any and all local, state or federal codes, rules or regulations applicable to or governing the Contract Services.

4.3 Specific Tasks

4.3.1 Constructability Review
Perform a Constructability Review of the engineering and architectural plans during the design phase for each assigned Project. This review is intended to identify potential problem areas, reduce conflicting design information, promote a good bidding process, decrease the need for changes and help avoid potential claims during construction. This review is also intended to ensure that the Project is designed so that it is able to be constructed economically by employing acceptable standard construction methodology. Perform the constructability review using, at a minimum, the following resource documents and reference materials:

Design Specifications

b) Contract Drawings

c) Terms and Conditions (General Provisions and Special Provisions)

d) Engineers’ Estimates

Project Schedule

Project Budget

Other Technical and Manufacturer’s Data

Contract Bid Forms

Perform the constructability review addressing, at a minimum, each of the following items:

a) Evaluate maintenance and protection of traffic plans.
b) Evaluate sequence of construction, cost estimates, milestones, schedule and impacts to transit operations.
c) Ascertain that the project design can be built and uses cost effective standard methods common to the construction industry.
d) Ensure conformance with Authority requirements and other codes, standards and guidelines.

e) Evaluate general notes and references to the standard drawings.

f) Evaluate reasonable access and mobilization areas.

Evaluate whether restraints have been adequately taken into consideration and/or eliminated, i.e., permits, real estate, utilities.

Evaluate whether limits of work are defined, realistic and coordinated with adjacent property owners. Follow-up on contractor’s maintenance and relocation of utilities and available access windows for construction.

Evaluate completeness of plans and specifications and that all items of work are covered.

Ensure that there is a measurement and payment for each element of the work.

Determine if scheduling requirements are defined and adequate.

Identify submittals needed and whether they are adequately documented.

Identify the testing needed and the means and methods required for the tests.

Determine if incentives and liquidated damages are clearly defined.

Evaluate the clarity of the contract documents and whether there is a potential for misinterpretation and claims.

Ensure that adequate information is being provided to the contractor.

4.3.2 Bid and Award Period Services

a) Participate in pre-bid meetings.

Prepare official bid tabulations after the bid opening in accordance with Authority's procedures.

Participate in planning and conducting pre-award evaluation and pre-construction meetings. Authority will conduct pre-award evaluation meetings and CM will conduct pre-construction meetings. CM will prepare agenda and minutes for meetings conducted by CM.

d) Review qualifications of low bidders and provide CM's recommendation for award of contract based on the requirements of the contract documents within seven (7) days after receipt from bidders.

4.3.3 Construction Management and Inspection Services
a) Provide a suitably qualified Resident Construction Manager (RCM), responsible for all work under this Section. The RCM will function as Authority’s site representative proactively managing and compelling contractor’s compliance and performance within the scope of all contract documents. The RCM will be assigned to the jobsite location for the duration of the project, unless otherwise directed by the Authority.
b) Provide construction inspectors (as necessary) for civil, structural, architectural, mechanical, electrical, catenary, signal, and track inspection services who are qualified (including applicable licenses, certifications, etc.) in these areas of construction to assist the Resident Construction Manager in observing progress and quality of work of the contractor.
c) Implement with the contractor an effective schedule of values for accurate progress payment and quality control, plus schedule management.
d) Assist the contractor in interpretation of the contract documents through consultation with Authority as needed to ensure that Authority’s interests are appropriately protected.
e) Implement and actively manage an effective RFI (Request For Information) process among prime contractor, CM, Authority and Designer. Maintain a list of all issues and problems that arise together with a schedule and action plan for timely resolution. A log of these activities shall be maintained.
f) Review contractor’s submittals for completeness, coordination of prime contractor and any affected utility or agency, and verification of field conditions. Comment on, and route, through Authority (or Designer, if designated) for approval, all contractor submittals of shop drawings, working drawings, brochures, catalog cuts, and data within five (5) days after receipt from the contractor. A log of these activities shall be maintained. Shop drawings and technical submittal approvals will be by the Designer performing to a two week turn around schedule.
g) Inspect materials to be incorporated in the project for compliance with the contract documents. On-site and off-site inspection to be provided as required.
h) Review construction methods employed by the contractor for compliance with the contract documents when construction methods are specified.
i) Review, approve, and monitor the contractor's material testing program for compliance with the contract documents and provide supplementary testing as necessary. On-site and off-site monitoring to be provided as required.
j) Initiate, with Authority review, field changes to construction as required and provide Independent Cost Estimates (ICEs) and/or price analysis and an evaluation of schedule impacts and time of completion adjustments resulting from the changes. Provide written change order recommendations for consideration and execution by Authority, with appropriate backup data including record of negotiations with the contractor, justification and Independent Cost Estimate (ICE) forms.

Conduct job progress meetings weekly and conduct other meetings as required. Publish minutes within 3 days of a meeting.

Verify measurements of quantities for progress payments to the contractor, as required.

Provide monitoring, on an as needed basis, of any required contractor field measurement activities, (e.g., noise and vibration monitoring).

n) Review the contractor's pay estimates (invoices) to verify work completed and verify that all administrative and other submittals that are required for processing of pay estimates have been received. Provide recommendation for payment within seven (7) days after receipt of correct documents from the contractor.

o) Review the contractor's payroll reports, monthly utilization reports, Progress Reports and other submittals for compliance with the contract documents.
p) Conduct semi-final, pre-final and final inspections of the construction and develop punch lists based on the requirements of the contract documents.
q) Verify as-built construction for compliance with the contract documents. Monitor and verify, by utilizing CM’s set of concurrently annotated design drawings, all contractors’ maintenance of as-built drawings. CM shall review contractor’s as-built drawings on a monthly basis as part of the invoice checklist. Submit to Authority a complete set of conformed as-built drawings after review and verification at completion of Project.
r) Prepare and maintain a Resident Construction Manager’s Daily Diary and Daily Inspector's Reports to document all field activities under the Project.
s) Review, comment on, and approve the contractor's schedule submittals for compliance with contract documents including manpower and cost loading within ten (10) days after receipt from the contractor. Exceptions to the contractor’s submittals must be clearly documented for the record.

t) Review contractor’s monthly schedule updates, including manpower loading and progress reports, and advise contractor if action is necessary to correct adverse trends of actual progress versus scheduled progress.

u) Coordinate contractor’s schedules monthly with the overall Project Schedule, anticipate conflicts and work with contractor to develop “work-arounds” and make changes to correct variances.
v) Assist contractor in scheduling work to coordinate with other contractors, utilities, Authority, municipalities, community groups and outside agencies. Attend community and business meetings pertaining to the Project and participate as required.

w) Secure the contractor’s safety plan at the Pre-Construction Conference and review the plan for applicability to the contractor’s work and its conformance with OSHA and/or any other applicable safety standards within twenty (20) days of NTP to the contractor.

x) Compel and verify contractor’s strict compliance with Authority’s Terms and Conditions in matters of drug and alcohol, safety and security.
y) Notify the contractor and Authority immediately with regard to “imminent danger” situations.

z) Compel and otherwise expedite contractor’s satisfactory completion of all punch list work.

aa) Provide recommendation to accept final inspection of the construction contract work.
bb) Review, comment on, and route to Authority the contractor's submittal of closeout documents and provide recommendation to issue Final Payment and Acceptance Certificate to Authority within seven (7) days after receipt of the acceptable closeout documents from the contractor.
4.3.4

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