0_12A2212_RFQ_Ad.pdf

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A&E - on-call Claims and CPM Scheduling Support
Solicitation number
12A2212
Issued by
California

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This document is a Request for Qualifications (RFQ) issued by the California Department of Transportation (Caltrans) for on-call Claims and CPM Scheduling Support services. Caltrans is soliciting Statements of Qualifications (SOQs) from qualified firms for a contract to provide these services, which will be performed on projects within the limits of Caltrans District 12. The estimated contract amount is $1,920,000.00 - $2,450,000.00, with an estimated contract term of three (3) years. The RFQ requires the submittal of an electronic PDF file of the SOQ by August 6, 2024. A 22% Disadvantaged Business Enterprise (DBE) goal participation is required.

The RFQ provides details on the Scope of Work, personnel requirements, deliverables, review and acceptance process, and other general contract requirements. Pricing terms include a fee for profit of 10.2% and escalation rates ranging from 2.08% to 4.17% over the contract term. The RFQ also references related Executive Orders and restrictions on firms identified on U.S. Department of the Treasury sanction lists.

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July 5, 2024 RFQ Number 12A2212

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION

REQUEST FOR QUALIFICATIONS NOTICE

NUMBER 12A2212

Read carefully as the following revisions have been made to this document:

• On 02/15/24, GENERAL the Fee & Escalation table has been revised

• On 03/16/23, GENERAL the Fee & Escalation table has been revised

• On 04/01/22, GENERAL, Ukraine-Russian-related Sanctions

Requirement added

• On 04/01/22, SUBMISSION OF STATEMENTS OF QUALIFICATIONS

(SOQs), the electronic submittal time changed to 10:00am

• On 01/18/22, under DBE Goals, section 2 added NAICS Codes.

Note: Questions concerning this Request for Qualifications (RFQ) must be submitted in writing to the attention of Denetia Smith at Denetia.Smith@dot.ca.gov. Questions must be received no later than seven (7) business days after the RFQ advertisement.

Consultants contacting the District or Division directly seeking information about this RFQ will be disqualified from consideration in the selection process.

Proposers are advised that Caltrans has established a federally mandated overall annual DBE goal comprising both race neutral and race conscious elements to ensure equal participation of DBE groups specified in 49 CFR 26.5. In compliance with 49 CFR 26, Caltrans set a contract goal for DBEs participating in this solicitation expressed as a percentage of the total dollar value of the resultant Agreement. The DBE participation goal for this solicitation is twenty-two percent (22%). See section I.H. in this RFQ for requirements.

I. GENERAL INFORMATION

A. Caltrans is soliciting Statements of Qualifications (SOQs) from qualified firms that may lead to the award of a contract for on-call Claims and CPM Scheduling Support. In submitting your SOQ, you shall comply with the instructions found herein. In addition to those programs that are specified in this solicitation, prospective consultants are encouraged to consider programs that are available, such as those for the use of small businesses, disadvantaged businesses, disabled veteran businesses, new emerging firms, and other businesses covered by State and Federal programs.

B. The estimated contract amount is $1,920,000.00 - $2,450,000.00.

C. The estimated contract term is three (3) years.

D. Interviews will be held via WebEx on August 20, 2024.

Confirmation letters will be sent to those firms short-listed.

E. The most highly qualified consulting firm will be required to submit an electronic copy of the financial documents listed on the appropriate Financial Documents Submittal Checklist available on the AE Contract Information website. The most highly qualified consulting firm will be notified of their selection and receive instructions for the electronic submission of the financial documents.

The most highly qualified consulting firm must submit a complete financial documents package no later than four (4) days after notification of selection. The prime consultant must submit the complete financial documents package in order for Caltrans to have the information necessary to engage in negotiations. The prime consultant is solely responsible for timely and complete submission of financial documents on behalf of the entire proposed team; financial documents will not be accepted from proposed subconsultant firms. Failure to submit a complete financial documents package by the specified due date may result in termination of negotiations with the most highly qualified consulting firm.

F. Negotiations will be held with the top-ranked firm by teleconference/WebEx during the week of August 26, 2024. The fee for profit shall be ten-point two percent (10.2%), and the escalation shall be as follows:

Year Period Escalation 1 SOQ Submittal - 6/30/2025 2.08% 2 7/1/2025 -6/30/2026 4.17% 3 7/1/2026-6/30/2027 4.17% 4 7/1/2027 -6/30/2028 4.17%

Notes:

1. Partial year will only occur on the last year of the contract term. All other periods are full years.

2. Increases to the loaded billing rates after contract execution is not authorized for any reason per Article IV, Section 17 and Article XVI, Section 6 of the California Constitution.

G. The scheduled date to complete cost negotiations and submit final cost proposal is October 8, 2024.

H. Disadvantaged Business Enterprise Program

1. This solicitation and resultant Agreement is financed in whole or in part with federal funds and therefore subject to Title 49, Code of Federal Regulations, Part 26 (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of https://dot.ca.gov/programs/procurement-and-contracts/ae-contract-information

Transportation Financial Assistance Programs." To ensure equal participation for Disadvantaged Business Enterprise (DBE) groups specified in 49 CFR 26.5, Caltrans specifies a contract goal for DBE participation. The required goal for DBE participation in this solicitation is not less than twenty-two percent (22%).

2. Only participation by certified DBEs will count toward the contract goal for this solicitation. In order to count toward a contract goal, a firm must be certified as a DBE by the California Unified Certification Program (CUCP) and possess the NAICS and work codes applicable to the type of work the firm will perform on the Agreement by the SOQ submittal due date. NAICS and Work codes are provided by the Office of Civil Rights website.

3. It is the proposer’s responsibility to verity that the DBE firm is certified as a DBE by the specified SOQ submittal due date and time. The list of DBEs certified by the CUCP are located on the Office of Civil Rights website.

4. A DBE must perform a commercially useful function (CUF) for the type of work it will perform on the Agreement as provided in 49 CFR 26.55(c)(1)-(4). A DBE performs a CUF when it is responsible for the execution of a distinct element of the work of the Agreement and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.

5. See “Statement of Qualifications Submittal Instructions and General Contract Process Information” for detailed information and references to the required forms. Required forms will be made a part of the Agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation at due date and time of SOQ submittal may result in the SOQ submittal being rejected as non-responsive.

I. Federal and/or State prevailing wage rates may apply. This requirement, if applicable, will be specified in the draft Agreement. See SOQ Submittal Instructions, Section I., H. regarding the California Department of Industrial Relations (DIR) Consultant/Contractor Registration Program on the AE Contract Information website.

J. Caltrans does not guarantee, either expressly or by implication, that any work or services will be required under any contract issued as a result of this RFQ.

K. A Pre-award or Post-award Audit will be performed on any contract issued as a result of this RFQ.

L. Contract boilerplate can be obtained on the AE Contract Information website.

https://dot.ca.gov/programs/civil-rights https://dot.ca.gov/programs/civil-rights https://dot.ca.gov/programs/civil-rights

M. Pursuant to Executive Order (EO) N-6-22 issued March 4, 2022, persons identified in the list established by the US Department of the Treasury are ineligible to bid on, submit a proposal for, enter into, or renew any Agreement with the State for any goods and/or services.

Any person who submits a bid or proposal to Caltrans certifies that it is not identified in the most current lists located https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions.

If applicable, any person who submits a bid or proposal to Caltrans certifies that its subcontractors are not identified in the most current lists located https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions

II. SCOPE OF WORK/DELIVERABLES

The work to be performed for this RFQ is described in the Scope of Work/Deliverables and is hereby incorporated as Attachment 1.

III. CONFLICT OF INTEREST

A. Conflicts of interest may occur due to direct or indirect financial or business interests in the work to be performed or in any real property acquired for such project. Conflicts of interest can include, but are not limited to, past, existing or planned activities or because of relationships with other persons or firms. If there is a conflict of interest, the proposed team, including both the prime consultants and subconsultants, and individual employees of team members would actually or potentially be unable to render impartial assistance or advice to Caltrans. The proposer’s objectivity or availability in performing the contract work may be impaired due to actual or potential conflicts of interest.

B. If the proposed team determines that any actual or potential conflicts of interest exists, it must identify and describe in detail each conflict of interest to Caltrans, using the Disclosure of Potential Conflict of Interest Form, which can be found on the AE Contract Information website.

Along with the description of the actual or potential conflicts of interest, the proposed team shall also offer measures to avoid, neutralize, or mitigate all listed conflicts. The list of conflicts, including conflicts that apply to individuals as well as firms, and the mitigation measures on the Disclosure of Potential Conflict of Interest Form must be submitted as a separate section in the Statement of Qualifications. Disclosure of information will not disqualify a proposed team from competing for a contract. The existence of actual or potential conflicts of interest will be used as a criterion to evaluate team availability during the evaluation and selection process. Caltrans reserves the right to terminate negotiations with the first selected firm and begin negotiations with the next selected firm or to cancel the procurement prior to execution if Caltrans learns that the selected team failed to disclose any actual or potential conflicts, which it knew or should have known about, or if the https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions proposed team provided or omitted information on the disclosure form that results in the information being false or misleading.

C. After award, conflict of interest guidelines and policies shall continue to be monitored and enforced by the Caltrans Contract Manager. Additional information about Conflict of Interest issues can be found in the SOQ Submittal Instructions and General Contract Process Information document (Section V. Post Government Employment Restrictions and Section VI. Conflict of Interest Concerning Consultant(s)) found on the AE Contract Information website. The State and Federal contract boilerplates on DPAC’s website also contain information on conflict of interest issues (Exhibit D) and can be found on the AE Contract Information website.

D. The prime consultant and subconsultants may be proposed on SOQs for other Caltrans A&E on-call contracts; however, the Caltrans Contract Manager may prohibit work on specific project(s) where Caltrans determines that a conflict of interest exists.

IV. SUBMISSION OF STATEMENTS OF QUALIFICATIONS (SOQs)

A. IMPORTANT: Download “Statement of Qualifications Submittal Instructions and General Contract Process Information” from the Streamlined A&E Contract Process website . Failure to follow these instructions may result in rejection of your SOQs.

B. SOQ Package Submittal Instructions

Read instructions below carefully. You will be required to submit an electronic SOQ file to Sacramento.

1. The electronic submission of a single unprotected (i.e. not password protected) PDF file of the SOQ is required. The electronic submittal will be accepted until 10:00 a.m. on August 6, 2024. Hard copies of the SOQs are NOT required. Fax copies or copies transmitted by email will not be allowed.

2. You will be required to create a Novell Filr account with Caltrans.

Send an email message to the Contract Analyst, Denetia Smith, at Denetia.Smith@dot.ca.gov containing the information listed below for a link and instructions to complete the self-registration page and submit the SOQ electronically.

• Your firm’s name

• Your email address

• The solicitation number for which you would like to submit a SOQ

The file name shall include the contract number, consultant name (max. 25 characters) separated by an underscore (_), ending with the “.pdf” extension.

https://dot.ca.gov/-/media/dot-media/programs/procurement-contracts/documents/soq-submittal-instructions.pdf

Example A: 50A0694_JohnDoeConsulting.pdf Example B: 50A0694_aaa1234engineer.pdf

3. SOQ submittals will be considered non-responsive if the electronic submittal is not received by the date and time specified in this RFQ.

C. Request for RFQ Copies

Copies of this RFQ may be obtained on the CaleProcure website.

https://www.caleprocure.ca.gov/pages/index.aspx

Attachment 1

SCOPE OF WORK/DELIVERABLES

ROADWAY CONSTRUCTION SERVICES

For Caltrans, Division of Construction, District 12 On-Call Claims and CPM Scheduling Contract

Table of Contents

A. GENERAL PROJECT DESCRIPTION AND OVERVIEW OF SERVICES

1. Purpose of Work

2. Explanation of Work

3. Exclusion of Work

4. Location of Work

B. REQUIRED SERVICES

1. Roadway Construction Services

2. Specific Roadway Construction Services

3. Proposed Caltrans Projects

4. Partnering

5. Change Order and Extra Work services

6. Workplan Standards Guide Codes

7. Quality Control Plan

C. GENERAL REQUIREMENTS - PERSONNEL

1. Independent Contractor Status

2. Consultant Work Hours and Availability

3. Assigned Personnel on Task Orders

4. Personnel Substitutions or Additions

5. Stable Workforce

6. Safety

7. Other Personnel Requirements

D. INCIDENTAL SERVICES

1. Non-Architectural and Engineering (A&E) services

2. Training Services

E. CONSULTANT PERSONNEL REQUIREMENTS

1. Consultant Contract Manager

2. Consultant Task Order Manager

3. Consultant Responsible Person

4. Specific Personnel Requirements – Attachments (D, E)

F. COORDINATION

G. GENERAL REQUIREMENTS – DELIVERABLES AND DATA

1. Ownership of Proprietary Property

2. Format for Unprotected and Modifiable Electronic File Transfers

3. Submittals

4. Project Files

H. REVIEW AND ACCEPTANCE PROCESS

1. General

2. Reviews of Deliverables

3. Acceptance of Deliverables

4. Rejection of Deliverables

I. GENERAL REQUIREMENTS – CONSTRUCTION SERVICE EQUIPMENT

1. General

2. Office Equipment and Supplies (Consultant’s Office):

3. Field Equipment and Supplies:

4. Office Equipment and Supplies (Use of Caltrans Office)

J. GENERAL REQUIREMENTS – STANDARDS

1. Federal, State, and Local Requirements

2. Prevailing Wages

3. Caltrans Standards

4. Manuals

5. Policies / Directives

6. Guidance

7. BMMN Design Details

K. GENERAL MATERIALS AND ORIENTATION PROVIDED BY CALTRANS ...42

1. General Materials

2. Permits to Enter Property

3. Orientation

L. CONFLICT OF INTEREST

1. General Requirements

2. Conflict of Interest Examples

M. SPECIFIC ROADWAY CONSTRUCTION SERVICES ATTACHMENTS

SCOPE OF WORK/DELIVERABLES

ROADWAY CONSTRUCTION SERVICES

For Caltrans, Division of Construction, District 12 On-Call Claims and CPM Scheduling Contract

A. GENERAL PROJECT DESCRIPTION AND OVERVIEW OF SERVICES

1. Purpose of Work.

a) The Consultant shall perform professional and technical services required for Roadway Construction Services, on an on-call “as-needed” basis to support Caltrans, Division of Construction, District 12, in the construction phase of proposed Caltrans transportation facilities. The following services are being requested in this contract:

A - Roadway Construction Inspection and Office Engineering – Omitted from this contract B - Electrical Construction Inspection – Omitted from this contract C - Landscape Architectural Construction Inspection – Omitted from this contract D - Construction Claims Support E - Construction Scheduling / CPM F - Construction Materials Sampling and Testing – Omitted from this contract G -Construction Stormwater Implementation – Omitted from this contract H – Roadway Construction Management – Consultant Resident Engineer – Omitted from this contract

b) The Consultant shall review and become familiar with project plans and specifications governing the contracts and materials that have been prepared for Caltrans transportation facility construction project(s) (“Construction Project(s)”).

The Consultant shall also review the Caltrans Standard Special Provisions and complimentary reports developed from prior planning studies. The Consultant shall maximize the use of existing information available to conduct roadway construction management services in accordance with the California Department of Transportation (“Caltrans” or “Department”) policies, procedures, and requirements in compliance with California (“State”) and Federal laws and regulations.

c) The Consultant will conduct the appropriate level of engineering and environmental analyses, and prepare appropriate inspections, sampling, testing, and documenting the prime construction contractor’s (“Prime Construction Contractor”) compliance with contract requirements on Construction Projects. The preceding shall be used as justifications to Caltrans in making timely and accurate construction contract payments to the Prime Construction Contractor.

d) Role of Caltrans Responsible Charge Construction Engineer (CRCCE)

Under Federal-aid regulations and State policy, the primary responsibility for general supervision of construction on Construction Projects must remain with the Caltrans Responsible Charge Construction Engineer (CRCCE) who shall be a full time Caltrans Senior Transportation Engineer. The CRCCE, must be a registered civil engineer, must be knowledgeable of the Construction Project(s)’ progress and ensure that the work is performed in accordance with the Department approved Construction Project plans and specifications. The CRCCE will review and assure that all Construction Project files are available and stored in Falcon DMS with any and all Construction Project documentation and backup records (over-time, progress payments, Construction Project records, field reviews, DBE/DVBE, extra work, and other work products that require CRCCE approvals as required by the Construction Project.

e) Term Resident Engineer In this Contract the term “Resident Engineer” is used to represent both Consultant Resident Engineers and Caltrans Resident Engineers unless otherwise specifically stated.

2. Explanation of Work.

The Caltrans contract manager assigned to this Contract (“Caltrans Contract Manager”) shall assign specific work to the Consultant through the issuance of task orders describing in detail the services to be performed under this Contract (“Task Order(s)”).

The Consultant shall only perform work that is assigned in an authorized Task Order.

This Contract does not guarantee that a Task Order shall be issued.

3. Exclusion of Work.

a) The following activities will be performed by others and are excluded from this

Contract. The Consultant must include the excluded activities in the project schedule to be submitted to the Department for approval. Consultant further agrees to provide the necessary information in a timely manner to facilitate the successful completion of the excluded tasks listed below:

i. All Structure Construction Services associated but not limited to, bridges and buildings, are specifically excluded from the scope of this Contract.

ii. Professional and technical engineering services required for Roadway

Design and related Project Development Services including constructability reviews and preconstruction services.

iii. The following Construction Projects and contracts are excluded from this

Contract:

Project Number EA Co-Rte-PM Work Description 1200020097 12-0K970 ORA-091-15.8/18.1 SR241 to SR91 direct connector 1218000010 12-0Q970 ORA-405-0.2/11.4 Rte 405 (S.) Asset Management 1218000081 12-0R330 ORA-405-11.4/16.9 Rte 405 Multi-Objective Asset

Management Project 1218000120 12-0R570 ORA-405-16.9/24.2 405 Multi-Asset Project 1219000017 12-0R680 ORA-605-0.2/1.6 I-605, Install Safety Lighting 1218000006 12-0Q950 ORA-005-30/45 Interstate 5 Managed Lanes Project 1222000054 12-0R32U ORA-055-0.2/R17.8 Rte 055, Multi-Asset / Safety Project 1220000021 12-0R311 ORA-091-R0/4.8 State Route 91 Multi-Asset Project 1220000025 12-0R313 ORA-091-6.4/9.2 Rte 091, Multi-Asset Project 1220000027 12-0R315 ORA-091-R10.8/18.9 Rte 091, Multi-Asset Project 1219000070 12-0R970 ORA-005-0.5/10 I-5 Multi Asset Project 1220000058 12-0S380 ORA-005-10/21.304 Rte 5, RT 74 to RT 405 Multi-Asset

Project 1220000081 12-0S500 ORA-005-30.3/44.4 Rte 5, Multi Asset Project 55 to LA

County

iv. The following specific services are performed by others:

A - Roadway Construction Inspection and Office Engineering B - Electrical Construction Inspection C - Landscape Architectural Construction Inspection F - Construction Materials Sampling and Testing G - Construction Stormwater Implementation H – Roadway Construction Management – Consultant Resident Engineer

4. Location of Work.

The work shall be performed on Construction Projects to improve the State transportation system throughout the county of Orange in California within the limits of District 12. The specific location within the above-described geographical limits of the work to be performed within this geographic area shall be identified in each Task Order.

It may become necessary for Construction Projects to extend into another adjoining District /County line. In such instances, the Construction Project work shall not extend more than a thirty (30)-mile radius from the geographic boundary.

B. REQUIRED SERVICES

1. Roadway Construction Services

a) A wide range of tasks associated with Roadway Construction Services should be expected. The Consultant shall perform and have the expertise, capability, and equipment necessary to perform the scope of work for this Contract (“Scope of Work”).

b) The potential Construction Projects may vary in scope and size and may encompass any type of improvement for the State transportation system including, but not limited to, roadway rehabilitation, widening and/or realignment of existing facilities, relocation of existing facilities, and construction of new facilities. The specific details on Construction Project location, Construction Project limits, purpose, expected results, Construction Project deliverables, period of performance, Construction Project schedule, and services to be performed shall be described in each Task Order.

c) Pursuant to an authorized Task Order, the Consultant shall provide Roadway

Construction Services within the geographical jurisdiction of this Contract set forth in “Location of Work” Section, and all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the Consultant's services and work product.

d) The Consultant shall begin the required work within two (2) working days after receiving a fully executed Task Order and the issuance of the Notice to Proceed (NTP) from the Caltrans Contract Manager to the Consultant Contract Manager.

Some work, however, may require Consultant personnel to mobilize within 24-hour of notifications. Once the work begins, the work shall be executed and performed diligently until all required work has been completed to the satisfaction of the Caltrans Contract Manager or Caltrans designee.

e) The Consultant Contract Manager, Consultant Task Order Manager, and Consultant Key Personnel shall be accessible to the Caltrans Contract Manager at all times during normal Caltrans working hours or after hours as required by the Caltrans Contract Manager.

f) The Caltrans Contract Manager may advise the Consultant’s Contract Manager of the perceived need to have the Consultant’s employees work overtime to meet changing Caltrans needs, and the Consultant’s Contract Manager shall take effective measures to address the Caltrans’ Contract Manager’s need. All overtime shall be pre-approved by the Caltrans Contract Manager or designee. Overtime pay shall be paid only to persons covered by the Fair Labor Standards Act and as per Caltrans’ Division of Procurement and Contracts (“DPAC”) Interpretive Guidance on premium overtime reimbursement.

Specific Roadway Construction Services The specific Roadway Construction Services shall be described in the attachment templates chosen to create the scope of work for this Contract (“Scope of Work” or “SOW”). The attachment template(s) that were used along with this base template to create the Scope of Work as follows:

A - Roadway Construction Inspection and Office Engineering – Omitted from this contract B - Electrical Construction Inspection – Omitted from this contract C - Landscape Architectural Construction Inspection – Omitted from this contract D - Construction Claims Support E - Construction Scheduling / CPM F - Construction Materials Sampling and Testing – Omitted from this contract G - Construction Stormwater Implementation – Omitted from this contract H – Roadway Construction Management – Consultant Resident Engineer – Omitted from this contract

2. Proposed Caltrans Projects

a) Provided below is a list of proposed Caltrans Construction Projects in District 12.

This list is not exclusive, however, and it does not constitute a commitment that the Construction Projects will be initiated or completed, or work assigned to the Consultant. Caltrans reserves the right to add or delete from this list of Construction Projects that are within the geographical jurisdiction of this Contract set forth in “Location of Work” Section.

Project Number EA Co-Rte-PM Work Description 1200000051 12-08692 ORA-074-1/2.09 SR-74 Gap Closure 1200000288 12-0J680 ORA-241-27.6/32.3 Rt 241 from SR133 to Loma Ridge 1200020230 12-0K870 ORA-605-1.1/1.6 Rt 605 Improve FW Access &

Arterial Connection 1214000130 12-0N890 ORA-133-8.3/9.3 Construct a new auxiliary lane to improve traffic flow 1218000105 12-0P68U ORA-001-13/33.7 Rte 1, Upgrade Traffic Signals, Resurface Lanes, ADA 1218000011 12-0Q980 ORA-241-14.5/25.7 SR 241 SB-1 Bridge, TMS &

Roadside 1218000117 12-0R560 ORA-VAR-0/0 VAR Connector Rehab project

1219000088 12-0S080 ORA-022-R12.1/R13.2 Rte 22, Maintenance Facility &

TMS

1219000091 12-0S110 ORA-022-0.9/9.4 Rte.22 Safety Lighting Project 1219000098 12-0S140 ORA-001-21.5/31.1 Rte.1 Bike Lane- Class II Bike

Way Facility 1219000099 12-0S150 ORA-241-33.61/38.7 Rte. 241 Jump Out Ramp 1219000104 12-0S190 ORA-022-11.6/12.5 WB Rte. 22 Safety Improvement 1220000014 12-0S280 ORA-005-9.6/10.4 I-5 Safety Project at SR -74 SB off ramp 1220000043 12-0S330 ORA-057-11.1/22.6 Rte.57 Add lighting & replace pavement delineation 1221000088 12-0T020 ORA-022-0.9/1.9 Rte 22, Extend and Add Aux Lane at Valley View Off 1222000049 12-0T440 ORA-091-0/4.8 Rte. 91 BMMN Elements between

PM R0.0 and 4.8 1222000053 12-0T460 ORA-055-0.28/R6.98 Rte 055, BMMN Elements

Between PM 0.2 and R17.8 1222000083 12-0T730 ORA-241-24.5/35.7 Rte 241/133, Silverado Fire

Remaining Features

1224000023 12-0T931 ORA-005-

0.003/12.491 Rte 5, MMBN Elements Btw PM

0.003 and 12.491

1224000024 12-0T932 ORA-005-

12.491/R24.774

Rte 5, MMBN Elements Btw PM

12.491 to R24.228

1223000020 12-0U030 ORA-073-

10.189/16.834

Rte 73 BMMN Elements between PM 10.3 and 16.8

1223000031 12-0U070 ORA-142-0.759/6.35 Rte 142 MMBN Elements between PM R0.8 and 6.4

1223000035 12-0U090 ORA-090-0.5/7.3 Rte 90, BMMN Elements Between PM 0.5 and 8.146

1223000036 12-0U100 ORA-039-15.081/20.7 Rte. 39 BMMN Elements between PM 0 and 20.719

1223000041 12-0U150 ORA-133-0/4.079 Rte 133, BMMN Elements Between PM 0.0 and R4.079

1224000039 12-0U840 ORA-039-0/12.959 Rte 39, MMBN Elements btw PM

0.0 to 12.959

b) Caltrans intends to utilize this Contract to complete specific piece of work as long as it is located within the geographical jurisdiction of this Contract as set forth in the “Location of Work.” In the future, Caltrans may find it necessary to create a separate contract (or contracts) that involves a specific Construction Project listed in this Contract and includes part of the work contained in this Contract. Caltrans reserves the right to procure Architectural and Engineering (A&E) services involving the listed Construction Projects or unlisted Construction Projects (within the geographical jurisdiction of this Contract set forth in “Location of Work” Section) involving in whole or in part the same work using a project-specific contract if the schedule to complete performance of the specific project extends beyond the term of this Contract or the cost to complete the specific project exceeds the dollar balance remaining in the Contract after accounting for amounts due to the Consultant for work previously performed and for work that is scheduled to be performed in executed task orders.

c) Should a project-specific contract be procured under these provisions, the parties mutually agree that, in accordance with Exhibit D, Section III, Termination of this Contract, Caltrans shall terminate for convenience the portion of the Contract that includes the common scope of work identified in the project-specific contract. Such partial termination for convenience shall be processed by amendment to this Contract. Unless otherwise required by law, regulation, or Caltrans policy or procedure, the Consultant may compete for these project-specific Contracts.

d) At the sole discretion of Caltrans, Consultant may be required to provide the required services for Construction Projects contained herein, on safety projects, emergency projects, emergency storm damage projects, except for those specially excluded above, within the geographical jurisdiction of this Contract set forth in “Location of Work” Section.

3. Partnering

Consultant shall partner with all parties and stakeholders to establish and maintain cooperative communication channels and mutually resolve conflicts at the lowest responsible level. Consultant shall become familiar with and follow Section 5-1.09, “Partnering,” of Caltrans’ Standard Specifications and the Caltrans publication, Field Guide to Partnering on Caltrans Construction Projects. This publication is available at the partnering website: http://www.dot.ca.gov/hq/construc/partnering.html

4. Change Order and Extra Work services

a) Standard Specifications, Section 4-1.05 “Changes and Extra Work” and Section 3- 403, “Changes and Extra Work,” of the Caltrans Construction Manual establishes Caltrans’ authority to make changes to a Construction Project contract. Consultant will utilize Form CEM-4900, “Change Order,” to assist the Resident Engineer memorializing a change order that will be the legally binding document used to enable changes to a Construction Project contract.

b) The Construction Project plans, specifications, and other bid documents define the scope of a Construction Project contract and describe the details for the Construction Project construction and completion of the whole work contemplated. If any change must be made, Resident Engineer shall formalize and prepare to execute said change http://www.dot.ca.gov/hq/construc/partnering.html order as per Section 5-302, “Change Order Policy of the Caltrans Construction manual.

c) Consultant personnel shall review and become familiar with Caltrans’ Change Order process to address all work not in compliance with Construction Project plans, specifications, and other bid documents that define the scope of a Construction Project contract and describe the details for the construction and completion of the whole work contemplated.

d) A Change Order is a legally binding document used to make changes to a Construction Project contract. Resident Engineer shall utilize Form CEM-4900, “Change Order,” and Form CEM-4903, “Change Order Memorandum,” furthermore must be prepared for each Change Order. To process a Change Order for incorporating the new work into an existing construction contract, the appropriate Division of Construction field coordinator may make the final determination and final request order approval shall be the responsibility of the Caltrans Resident Engineer or the CRCCE, whichever is applicable.

e) The Resident Engineer may determine the need for and as such initiate a Change Order to change any part of an original Construction Project contract and will impact various Construction Project contract elements and provisions including the method of compensation, permit requirements, equipment use, and the effects on schedule time. However, other stakeholders: the contractor, other Caltrans units, or outside agencies or individuals may also request changes as well.

f) Resident Engineer may consult the Caltrans District construction personnel to consider if the proposed change or extra work is within the scope of the original Construction Project contract.

g) The Prime Contractor normally chooses the method of performing extra work, however subject to the Caltrans Resident Engineer or the CRCCE, whichever is applicable, approval for labor, equipment, and materials for force account work.

h) To process a Change Order, the Consultant shall ensure that all elements are clear, concise, and explicit. When appropriate, it must include the following:

i. Clearly describe added work or other changes to the Construction Project contract. Include appropriate references to special provisions, contract plans, Standard Plans, or Standard Specifications.

ii. Location and limits of proposed work

iii. References to specifications and any applicable specification changes

iv. The proposed Change Order’s effect on time of completion

v. Method and amount of compensation

i) If any extra work is desired or performed, that is not included in the original Construction Project contract, Consultant shall memorialize said extra work as per Section 3-9, “Payment,” and Section 3-5, “Control of Work,” of the Caltrans Construction manual for the Caltrans Resident Engineer or CRCCE, whichever is applicable, review and approval.

j) The Resident Engineer shall use the Form CEM-4903, “Change Order Memorandum,” with all necessary attachments. The memorandum must be sufficiently documented with any necessary attachments, complete to enable a person unfamiliar with the details of the Construction Project to review the Change Order, understand the justification for the work, the reasonableness of the compensation, and the time adjustment provisions. Do not disclose the memorandum to the Prime Contractor or its subcontractors of the Construction Project without written permission from Caltrans. The memorandum is intended for Caltrans interdepartmental use only and NOT to be shared with the Prime Contractor or its subcontractors without written permission from Caltrans.

5. Workplan Standards Guide Codes

a) Task Orders are based on the Caltrans Workplan Standards Guide (WSG). The latest WSG is found in the Guide to Project Delivery Workplan Standards Guide, which is available from the Caltrans’ Publication Unit and on the Internet at https://dot.ca.gov/-/media/dot-media/programs/project-management/documents/workplan_standards_guide_a11y1.pdf. The WSG references the Work Breakdown Structure (WBS) categories, which are potential and related work activities applicable to this Contract.

b) The WGS references WBS categories which present the potential and related work activities that the Consultant may be required to perform. All revisions to the current version of the Work Breakdown Structure (WBS) shall apply during the life of this Contract. Refer to the attachment template(s) used with this base template for the WBS activities applicable to this Contract.

6. Quality Control Plan

a) Prior to commencing work, the Consultant shall prepare the quality control plan and the minimum standard of work quality and obtain approval from the Caltrans Contract Manager, in effect for each and every Task Order during the entire time work is being performed under the Contract. The Consultant shall complete the quality control plan and certify at the completion of work that all measures contained therein were satisfied. Caltrans shall perform quality assurance on the quality control plan to assure that quality control was satisfied.

b) The Consultant’s quality control plan shall establish a process whereby:

i. All deliverables are reviewed for accuracy, completeness, and readability before submittal to Caltrans.

ii. Calculations and plans are independently checked, corrected, and re-checked.

iii. All job-related correspondence and memoranda are routed and received by affected persons and then filed in the appropriate Task Order file.

https://dot.ca.gov/-/media/dot-media/programs/project-management/documents/workplan_standards_guide_a11y1.pdf https://dot.ca.gov/-/media/dot-media/programs/project-management/documents/workplan_standards_guide_a11y1.pdf

iv. Field activities are routinely verified for accuracy and completeness, such that any discovered deficiencies do not become systemic or affect the result of a Task Order deliverable.

c) The Consultant shall provide an outline of the quality control program before a specific task begins and shall identify critical quality control reviews within each Task Order. The Caltrans Contract Manager shall periodically request evidence that the Quality Control/Quality Assurance (QA/QC) plan is functioning.

d) All analytical results, plans, designs, specifications, estimates, notes, calculations, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, deliverables, backup documents, other documents, and other items required by this Contract submitted to the Caltrans Contract Manager for review shall be marked clearly as being fully checked or unchecked, and that the preparation of the material followed the quality control plan established for the work.

e) The QC/QA plan shall contain provisions for the development of appropriate

“checklists” to maintain product quality and control. These “checklists” shall be delivered to the Caltrans Contract Manager with the QC/QA plan. The Consultant shall update these documents when directed by the Caltrans Contract Manager.

Within thirty (30) calendar days of the Notice to Proceed (NTP), the Consultant shall submit to the Caltrans Contract Manager or Caltrans designee a job specific QC/QA plan and staffing plan.

f) The Consultant Contract Manager shall address all questions which may arise as to the quality or acceptability of deliverables furnished and work performed for this Contract.

C. General Requirements - Personnel

1. Independent Contractor Status

a) Consultant is an independent contractor, and nothing contained in the Contract shall be construed as constituting any relationship with Caltrans other than that of Construction Project owner, Caltrans, and independent contractor, the Consultant.

In no event shall the relationship between Caltrans and Consultant be construed as creating any relationship whatsoever between Caltrans and any of Consultant’s employees. Neither Consultant nor any of its employees is or shall be deemed to be an employee of Caltrans. Except as otherwise specified in the Contract, Consultant has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all subconsultants and for all other persons that Consultant or any subconsultant hires or engages to perform or assist in performing the Scope of Work.

b) Consultant agrees that:

i. The Consultant Contract Manager or designee shall manage, instruct, and supervise all Consultant employees and subconsultants, and shall not allow any other party to manage, instruct and supervise such parties.

ii. Consultant shall employ and discharge its own employees and subconsultants.

iii. Unless approved in writing by Caltrans Contract Manager, Consultant shall not hire employees or subconsultants to work on Caltrans matters exclusively and only. Consultant may hire employees and subconsultants for a specific Caltrans matter provided such party has the skills and knowledge to work on other matters and they are assigned to other matters from time to time.

iv. The work performed by Consultant, its employees, and its subconsultants shall be a regular part of Consultant’s regular and established business.

v. Consultant shall make all of its own business (including personnel) decisions and bear the risk for its decisions.

vi. Consultant shall provide its own tools, equipment and supplies, and Consultant shall not rely on Caltrans to provide such tools, equipment, and supplies.

Notwithstanding the foregoing, Caltrans may, during the term of the Contract, allow Consultant to access selected items of equipment; provide non-employee User-Ids and related access to Caltrans computer systems to Consultant employees and subconsultants; and provide non-employee access cards and other such forms of identification to Consultant employees and subconsultants.

vii. Consultant shall provide its own training to its employees and subconsultants, and Consultant shall not rely upon Caltrans to provide such training.

viii. Consultant shall advise its employees and subconsultants of the foregoing contract terms that apply to them, and Consultant advise such employees and subconsultants to report to Consultant any apparent or actual breaches.

Consultant shall relay any such reports to Caltrans Contact Manager.

2. Consultant Work Hours and Availability

a) The typical workday includes all hours worked by the Caltrans Prime Contractor on the Construction Project as identified in the Task Order and also as directed by the Caltrans Contract Manager.

b) Unless otherwise specified in a Task Order, or predicated by Prime Contractor’s operations, or directed by the Caltrans Contract Manager, the normal workday shall be Monday through Friday, from 8 a.m. to 5 p.m. or any combination of five (5) consecutive days which may include Saturday and/or Sunday, and the normal workweek shall consist of forty (40) hours. If Saturday and/or Sunday is part of a regular work week as determined by Caltrans, then the Saturday and/or Sunday work shall be treated as work performed on a regular workday and no overtime shall be paid for the first eight (8) hours on Saturday or Sunday. Consultant Contract

Manager shall be responsible for providing Consultant personnel who can satisfy the requirements set forth in this Contract.

c) If Caltrans determines that the Consultant’s services and work product need to be received outside of normal business hours (including instances where receipt of services is required to avoid danger to life or property), the Consultant may be directed to provide its services and work product during specific hours during the week (including hours that are outside of normal business hours). Night work may be required on Construction Projects involving high traffic demand areas. The Prime Contractor’s operations may be restricted to specific hours during the week, which shall become the normal workday for Consultant’s personnel. Any shift differential rate pay for prevailing wage tasks shall be reimbursed in accordance with the applicable Department of Industrial Relations (DIR) determination.

d) On days when work is not performed by the Prime Contractor or its subcontractors, such as rainy or unsuitable weather days, Consultant’s services shall not be provided unless authorized by the Caltrans Contract Manager in coordination with the Caltrans staff.

e) The Caltrans Contract Manager in coordination with the Caltrans staff shall provide advance notice of eight (8) hours if the Consultant’s services are not required as a result of a cessation of construction activities or if reassignment of personnel is required.

f) If Caltrans fails to provide the required advance notice and the Consultant personnel are not required as a result of cessation of construction activities, Caltrans shall provide a maximum of four (4) hours compensation at the Non-Prevailing Wage loaded billing rate in the Cost Proposal – Attachment 2.

g) It is anticipated that variations in the Construction Project contract activities will occur. During the Contract period, the Caltrans Contract Manager or designee may ask the Consultant Contract Manager to reassign Consultant employees from a Construction Project or an office with low activity to assist on another Construction Project or office with high activity. The Consultant Contract Manager will be notified at least two (2) working days prior to this reassignment.

h) The Consultant’s typical workday(s) shall include, but not be limited to, working in conjunction, in coordination, and in cooperation with all of the following:

i. Caltrans Contract Manager

ii. Caltrans Task Order Manager

iii. Caltrans District Construction Staff

iv. Caltrans Resident Engineer or the CRCCE as applicable

v. Caltrans’ Prime Contractor(s) and its subcontractor(s) and vendors

vi. Other State and/or local agencies

i) The Consultant shall obtain approval from the Caltrans Resident Engineer or the

CRCCE prior to entering any Caltrans’ Construction Project site.

j) The Consultant shall obtain approval from the Caltrans Facility Manager prior to conducting activities within a Caltrans maintenance station or other Caltrans facility.

3. Assigned Personnel on Task Orders

a) In responding to a Task Order and in consultation with the Caltrans Contract Manager, the Consultant Contract Manager shall identify the specific individuals proposed for the task and their job assignments. The Consultant shall provide documentation that proposed personnel meet the appropriate minimum qualifications as required by this

b) The Consultant’s personnel shall be assigned to and remain on specific Caltrans

Construction Projects/deliverables until completion and acceptance of the Construction Project/deliverables by Caltrans. Personnel assigned by the Consultant shall be available at the start of a Task Order and after acceptance of the project/deliverable by Caltrans.

c) After the Caltrans Contract Manager’s approval of the Consultant’s personnel proposal and finalization of a Task Order, the Consultant may not add, delete or substitute personnel without the Caltrans Contract Manager’s prior written approval.

d) Resumes containing the qualifications and experience of the Consultant’s and

Consultant’s subconsultant’s (“Subconsultant”) personnel, which include existing and additional personnel, and copies of their minimum required certifications, shall be submitted to the Caltrans Contract Manager for review before assignment on a project or Task Order. The resume and copies of current certification for each candidate shall be submitted to the Caltrans Contract Manager within one (1) week of receiving the request.

e) The Caltrans Contract Manager or designee may interview the Consultant’s personnel for the qualifications and experience. The Caltrans Contract Manager’s decision to select the Consultant’s personnel shall be binding to the Consultant and its Subconsultants. The Consultant shall provide adequate qualified personnel to be interviewed by the Caltrans Contract Manager within one (1) week of receiving the request.

f) The Caltrans Contract Manager or designee shall evaluate the adequacy (quality and quantity) of the work performed by the Consultant’s personnel and determining whether the deliverables satisfy the acceptance tests and criteria. The Caltrans Contract Manager may reject any Consultant personnel who are determined by the Caltrans Contract Manager to lack the minimum qualifications. If at any time the level of performance is below expectations, the Caltrans Contract Manager may direct the Consultant to immediately remove Consultant personnel from the project specified in a Task Order and request that the Consultant provide another qualified person be assigned as needed.

The Consultant personnel shall meet the qualifications required by this Contract for performance of the work as demonstrated by a resume and copies of current certifications submitted by the Consultant. Consultant personnel shall receive prior written approval from the Caltrans Contract Manager. Invoices with charges for personnel not pre-approved by the Caltrans Contract Manager for work on the Contract and for each Task Order shall not be reimbursed.

g) The Consultant’s personnel shall be capable, competent, and experienced in performing the types of work in this Contract with minimal instruction. Personnel skill level should match the specific job classifications, as set forth herein or in the Consultant’s Cost Proposal, Attachment 2 and task complexity. The Consultant’s personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and local laws and regulations.

4. Personnel Substitutions or Additions

a) In this Contract is a list of proposed personnel classifications for which services are anticipated to be needed by Caltrans during the term of this Contract and as depicted on the proposed Consultant’s Organization Chart and the Consultant’s cost proposal - Attachment 2 with specific rates of compensation. Caltrans reserves the right to add and/or delete personnel classifications from this list.

b) Pursuant to Exhibit D - Special Terms and Conditions, Section 1 - Amendment (Change in Terms), the…

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