0_59A1332_RFQ_Ad.pdf

September 11, 2024 RFQ Number 59A1332

STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION

REQUEST FOR QUALIFICATIONS NOTICE

NUMBER 59A1332

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

• On 07/25/24, GENERAL, Executive Order N-12 – Generative Artificial

Intelligence (GenAI) Technology Use and Reporting added

• 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 to support Caltrans, District 59 contract for on-call Structure Construction services for District 5. 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 $26,767,419.00 - $43,497,056.00.

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

D. Interviews will be held via WebEx on October 25, 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 October 28, 2024. The fee for profit shall be ten-point zero percent (10.0%), and the escalation shall be as follows:

Year Period Escalation 1 10/11/2024 - 10/31/2025 2.08% 2 11/01/2025 - 10/31/2026 4.17% 3 11/01/2026 - 10/31/2027 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 December 17, 2024.

https://dot.ca.gov/programs/procurement-and-contracts/ae-contract-information

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 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.

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

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

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

N. Pursuant to Executive Order N-12 – Generative Artificial Intelligence (GenAI) Technology Use and Reporting

1. The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

2. Bidder / Offeror / Contractor must notify the State in writing if their solution or service includes, or makes available, any GenAI including GenAI from third parties or subcontractors.

3. The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder / Offeror / Contractor.

4. Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

5. Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

6. Upon receipt of a Bidder / Offeror / Contractor GenAI Reporting and Factsheet (STD 1000), the state reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the state.

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 https://dot.ca.gov/programs/procurement-and-contracts/ae-contract-information 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 https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std1000.pdf 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 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 https://dot.ca.gov/-/media/dot-media/programs/procurement-contracts/documents/soq-submittal-instructions.pdf

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 October 11, 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, and Contract Analyst, Alma Cortez at Alma.Cortez@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.

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.

mailto:Denetia.Smith@dot.ca.gov mailto:Alma.Cortez@dot.ca.gov https://www.caleprocure.ca.gov/pages/index.aspx

Attachment 1

SCOPE OF WORK/DELIVERABLES

STRUCTURE CONSTRUCTION SERVICES

For Caltrans, Division of Engineering Services, District 59

On-Call Contract

A. Purpose of Work.

The Consultant shall perform professional and technical services required for Structure Construction Services, on an “as-needed” basis to support Caltrans, Division of Engineering Services, Structure Construction, District 59, in the construction of proposed Caltrans transportation facilities in Caltrans District 5.

B. Explanation of Work.

The Caltrans Contract Manager shall assign specific work to the Consultant through the issuance of Task Orders describing in detail the services to be performed. 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.

1. Exclusion of Work.

The Consultant for the Contract shall perform the services above after the contract authority for Contract 59A1195 is exhausted (expected no later than 05/30/2024) All Roadway Construction Services associated with structures including, but not limited to, roadways, are specifically excluded from the scope of this Contract.

All work performed under the Division of Engineering Services, Material and Engineering Testing Services (METS) for professional and technical services required for Quality Assurance (QA) Services, including, but not limited to, Verification (Inspection, Sampling, and Material Testing) and quality assessment activities for structural materials at fabrication facilities and construction sites (Agreement 59A1185 South and 59A1189 North) are excluded.

C. Location of Work.

The work shall be performed on projects to improve the State transportation system throughout Caltrans District 5. 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 projects to extend into adjoining Districts. In such instances, the project work shall not extend more than a thirty (30)-mile radius from the geographic boundary.

D. Required Services.

Pursuant to an authorized Task Order, the Consultant shall provide Structure 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. The specific Structure Construction Services are described in Attachment A – Structure Construction Engineering and Inspection.

1. Provided in SOW Exhibit 1 - Projects is a list of proposed Caltrans projects in the locations defined in “ Location of Work” Section . This list is not exclusive, however, and it does not constitute a commitment that the projects will be initiated or completed or work assigned to the Consultant. Caltrans reserves the right to add or delete from this list of projects that are within the geographical jurisdiction of this Contract set forth in “Location of Work” Section and within the Division of Engineering Services, Structure Construction jurisdiction.

Caltrans intends to utilize this Contract to complete a specific piece of work as long as it is located within the geographical jurisdiction of this Contract set forth in the “Location of Work” Section for each of the projects listed in SOW Exhibit 1 - Projects utilizing the services described in this Scope of Work and as described in a Task Order. In the future, Caltrans may find it necessary to create a separate contract (or contracts) that involves a specific 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 projects or unlisted 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 agreement 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.

Should a project-specific agreement 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 agreement per Exhibit D, Section III, Termination of this 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.

2. 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. Caltrans reserves the right to add/or delete personnel classifications from this list.

Consultant personnel will work under the general direction of either the Caltrans Contract Manager or a Caltrans Task Order Manager.

3. Consultant agrees that:

a. 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.

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

c. Unless approved in writing by the Caltrans Contract Manager, Consultant shall not hire employees or subconsultants to exclusively and only work on Caltrans matters. 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.

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

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

f. 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 Agreement, allow Consultant to access selected items of equipment;

provide non-employee userids 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.

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

h. 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.

4. A wide range of tasks associated with Structure Construction Services should be expected. The Consultant shall perform and have the expertise, capability, and equipment necessary to perform this Scope of Work.

5. At the sole discretion of Caltrans, Consultant may be required to provide the required services on safety projects, emergency projects, Emergency Storm

Damage Projects, excess parcel assessments, or other current/future transportation projects, including minor projects not listed above, except for those specially excluded above, within the geographical jurisdiction of this Contract set forth in “Location of Work” Section.

6. The potential 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 project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.

7. Consultant shall be available, on two (2) days’ written notice:

a. To meet with Caltrans or other Caltrans meetings.

b. To attend public meetings (day and evening) where an expert is required.

c. To participate in any public hearings necessary for a Project.

d. To provide technical expertise on an “as-needed” basis.

8. Maintaining a stable work force is essential to the successful completion of Caltrans work. Consultant shall implement a personnel retention plan strategy and shall submit a written plan with the Statement of Qualification submittal.

9. Maintaining a well trained work force is essential to the successful completion of

Caltrans work. Consultant shall implement a personnel training plan strategy and shall submit a written plan covering the Transportation Engineering Technician, Assistant Structure Representative, and Structure Representative classifications with the Statement of Qualification submittal.

10. The Consultant may be expected to spend time for extended assignments to perform

A&E services at Caltrans offices. At the sole discretion and convenience of Caltrans, Caltrans may permit Consultant to use office space, office equipment (such as copiers, printers and telephones) and furniture at various Caltrans (field) offices. Consultant will provide its own computers, tablets, office supplies, and related work materials. The Consultant, including its Subconsultants, shall include the Field Office Indirect Cost Rate in its cost proposals and use the Field Office Indirect Cost Rate in billing Caltrans for those personnel utilizing Caltrans’ (field) office facilities, and the cost rates will reflect the Consultant’s lower costs where Caltrans provides office space, office equipment and furniture. If the Consultant, including its Subconsultants, does not currently have a Field Office Indirect Cost Rate, it will develop and use a Field Office Indirect Cost Rate to reflect an equitable distribution of allowable costs to the contract (as specified in 48 CFR 31.203(f)).

When working on-site in the Caltrans Facilities, the Consultant shall adjust its hours to meet the business needs of Caltrans and shall generally work and be present during Caltrans building business hours (which are 8:00 a.m. - 5:00 p.m.) The business hours can be adjusted in different Task Orders.

E. Workplan Standards Guide Codes.

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. 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.

F. General Personnel Requirements.

1. 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 and as reflected in the Consultant’s Cost Proposal, Attachment 2, and match the task complexity. The Consultant’s personnel shall be knowledgeable about, and comply with, all applicable Federal, State, and Local laws and regulations.

2. The Consultant is required to submit a written request and obtain the Caltrans Contract Manager’s prior written approval for any substitutions, additions, alterations, or modifications to the Consultant’s originally proposed personnel and project organization, as depicted on the proposed Consultant’s Organization Chart or the Consultant’s cost proposals. The Consultant personnel shall have the same job classification, as set forth herein and as reflected in the Consultant’s Cost Proposal, Attachment 2, not exceed the billing rate, and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to Caltrans. The Consultant newly proposed personnel shall have the qualifications as required for the classification stated within this Scope of Work and Attachement A – Structure Construction Engineering and Inspection, unless otherwise approved by the Caltrans Contract Manager.

3. In responding to Caltrans’ 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 Contract.

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

4. The Consultant’s personnel shall typically be assigned to and remain on specific

Caltrans projects/deliverables until completion and acceptance of the 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.

5. After the Caltrans Contract Manager’s and Caltrans Task Order 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.

6. Resumes containing the qualifications and experience of the Consultant’s and Subconsultant’s personnel, which include existing and additional personnel, and copies of their minimum required certifications, shall be submitted to the Caltrans Contract Manager and Caltrans Task Order 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 and Caltrans Task Order Manager within one (1) week of receiving the request.

7. The Caltrans Contract Manager, Caltrans Task Order 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, Task Order Manager, or designee within one (1) week of receiving the request.

8. The Caltrans Contract Manager, Caltrans Task Order Manager, or designee shall evaluate the adequacy (quality and quantity) of the previous work performed by the Consultant’s personnel, and determine whether the deliverables satisfy the acceptance tests and criteria. The Caltrans Contract Manager or Caltrans Task Order Manager may reject any Consultant personnel who are determined by the Caltrans Contract Manager or Caltrans Task Order 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.

9. The Consultant shall not remove or replace any existing personnel assigned to Task

Orders without the prior written consent of the Caltrans Contract Manager. The removal or replacement of personnel without the written approval from the Caltrans Contract Manager shall be violation of the Contract and may result in termination of the Contract per Exhibit D, Section III, Termination of the Contract.

10. When assigned consultant personnel is on approved leave, and if required by the Caltrans Contract Manager, Caltrans Task Order Manager, or designee, the Consultant Contract Manager shall provide a temporary substitute employee until the assigned employee returns to work from the approved leave. The Consultant personnel shall have the same job classification, as set forth herein or in the Consultant’s Cost Proposal, Attachment 2, not exceed the billing rate and meet or exceed the qualifications and experience level of the previously assigned personnel, at no additional cost to Caltrans. Consultant personnel shall receive prior written approval from the Caltrans Contract Manager to work on this Contract.

11. The Consultant is responsible to provide fully trained personnel to efficiently perform the work. The Consultant’s personnel may be asked to attend certain special training if recommended by the Caltrans Contract Manager and Caltrans Task Order Manager. On such occasions, with the approval of the Caltrans Contract Manager, Caltrans shall compensate the Consultant for the Consultant’s actual cost for time spent in training only. All other costs, fees, and expenses associated with the training, including any transportation costs and training fees, shall be the Consultant’s responsibility. In addition, services to train the Caltrans personnel shall not be provided by the Consultant under this Contract except as allowed in Section J, Item 11.

12. In location(s) where the Consultant personnel is expected to work for extended period(s) of time, the Consultant shall either relocate the personnel or make every effort to hire local persons.

13. The personnel requirements for the Consultant depending on the work are in Attachment A – Structure Construction Engineering and Inspection

14. The Consultant and all subconsultants, shall throughout the life of the Contract, retain within its firm, a staff of people who shall be properly licensed and certified in accordance with the laws of the State of California and qualified to perform all aspects of the required work described in this Contract and all work specified in a Task Order along with any emergency projects that may arise during the life of this Contract. The Consultant shall be prepared to provide additional personnel, as necessary, during the period performance of this Contract to accommodate the work.

15. Most Consultant personnel shall be assigned in the “field” at Caltrans facilities for an extended period.

At the request of the Caltrans Contract Manager, Consultant personnel will complete security and privacy awareness training each year, see http://itsecurity.dot.ca.gov/training.

Consultant personnel whose work involves field work must:

a. Have current certification of Defensive Driving Training and current

California Driver’s License.

b. Have attended an 8 hr Construction Safety Orientation Class prior to being assigned to work on Caltrans projects and current on annual refresher class.

(See Section on Field Safety for additional requirements.)

G. Consultant Contract Manager.

The Consultant Contract Manager shall coordinate work-related matters and Consultant’s operations under this Contract with the Caltrans Contract Manager and with the Caltrans Task Order Manager.

1. The Consultant Contract Manager must be a registered professional engineer licensed in the State of California in good standing with the California State Board for Professional Engineers, Land Surveyors, and Geologists at all times during the Contract period, to perform the tasks described in this Contract and in the Task Orders. The Consultant Contract Manager shall have a minimum of five (5) years of responsible experience performing the duties as a contract manager for similar Structure Construction Services contracts. The Consultant Contract Manager shall be knowledgeable about all Caltrans policies and procedures. The Consultant Contract Manager shall have a documented minimum ten (10) years of demonstrated experience acceptable to Caltrans in Structure Construction Services work. The Consultant Contract Manager shall be an employee of the prime Consultant and accessible to Caltrans at all times.

2. In addition to other specified responsibilities, the Consultant Contract Manager shall be responsible for all matters related to the Consultant’s personnel, Subconsultants, Structure Construction Services work, and Consultant’s and Sub- Consultants’ operations including, but not limited to, the following:

a. Ensuring that deliverables are clearly defined, acceptance tested and that criteria are specific, measurable, attainable, realistic and time-bound; and that the deliverables satisfy the acceptance tests and criteria.

b. Supervising, reviewing, monitoring, training, and directing the Consultant’s and Sub-Consultants’ personnel.

http://itsecurity.dot.ca.gov/training

c. Assigning qualified personnel to complete the required Task Order work as specified on an “as-needed” basis in coordination with the Caltrans Contract Manager and Caltrans Task Order Manager.

d. Administering personnel actions for Consultant personnel and ensuring appropriate actions taken for Subconsultant personnel.

e. Maintaining and submitting organized project files for record tracking and auditing.

f. Developing, organizing, facilitating, and attending scheduled coordination meetings, and preparation and distribution of meeting summaries.

g. Implementing and maintaining quality control procedures to manage conflicts, insure product accuracy, and identify critical reviews and milestones.

h. Assuring that all applicable safety measures are in place.

i. Providing invoices in a timely manner and providing monthly Contract, Task Order, project expenditures and projected expenditures of each.

j. Reviewing invoices for accuracy and completion before billing to Caltrans.

k. Managing Subconsultants.

l. Managing overall budget for Contract, Task Orders, project budgets within the Task Orders, and provide monthly reports to the Caltrans Contract Manager and Caltrans Task Order Manager.

m. Monitoring and maintaining required DBE or DVBE involvement.

n. Ensuring compliance with the provisions in this Contract and all specific

Task Order requirements.

o. Possessing knowledge, experience, and familiarity with prevailing wage issues and requirements in State of California.

p. Possessing knowledge, experience, and familiarity in reviewing the Critical

Path Method (CPM) schedules and providing expert comments.

q. Attending meetings with the Caltrans Task Order Manager for project CPM activities.

r. Monitoring the health and safety of personnel working in a hazardous environment in accordance with all applicable Federal, State, and Local regulations.

s. Scheduling and conducting monthly Contract progress report meetings with the Caltrans Contract Manager and Caltrans Task Order Manager

3. The Consultant Contract Manager, on a monthly basis, must submit progress reports and meet with the Caltrans Contract Manager and/or Caltrans Task Order Manager. When applicable, progress reports must indicate an estimated percentage of work completed on the Contract and for each Task Order, and project within the Task Order, and a corresponding estimate of budget spent to date for work deliverables for the Contract, Task Orders and Projects within a Task Order.

Estimate of work completion and budget spent must be for the prior month’s time period. An estimate of the budget expected to be spent in future months for the duration of work on each project shall be provided.

a. The Consultant Contract Manager must meet with the Caltrans Contract

Manager and Caltrans Task Order Manager monthly and as needed to discuss progress on the Contract and review the progress reports.

b. Progress reports must include the total number of hours worked by the Consultant and subconsultants’ personnel by use of the Department of Transportation’s WBS level element(s). The monthly project reports must generate and deliver the information given below:

i. Field Personnel Assignment Summary Task Order (TO) budget

Status

ii. Monthly Narrative Report – The Monthly Narrative Report shall provide a summary of the Contract status, Task Order status, prior and projected monthly expenditures covering a 5 month period with the third month being the prior month. The consultant shall identify anticipated future needs for Contract amendments or Task Order supplements considering budget and schedule of each project.

Project nearing the allocated budget or schedule limit stated within an executed Task Order must be individually listed in the Monthly Narrative Report. A summary of the work completed on each Task Order shall be included.

iii. Current Fiscal Year Monthly questionnaire

iv. Task Order Billing report

v. Current Fiscal Year Monthly Cost for Project Expense

Authorization (EA)s

vi. Area Construction Manager (ACM) graphic report for Capital outlay Task Order

vii. Reports for maintenance Task Order & Summary

viii. DBE utilization rate on monthly and cumulative basis.

ix. Monthly Project EA expenditure to date and projected monthly expenditure for the duration of work on the Project EA. This report shall include the following for each Project EA: Hours, Labor Cost, Per Diem, Travel, Other Other Direct Costs (ODC), Total ODC, Total Cost. The data shall be summarized in Total Monthly cost for the Task Order, and Contract. The budget remaining shall be shown at the Project, Task Order, and Contract Level. The total spent per month shall be show for maintenance Task Orders as well as Capital outlay Task Orders. The projected month and year anticipated for exhausting the total Contract Obligation Authority shall be shown based on a projected monthly contract Burn Rate.

H. Consultant Task Order Manager.

For each Task Order, if required by Caltrans Contract Manager, the Consultant shall provide a Consultant Task Order Manager to coordinate the Consultant Task Order operations with the Caltrans Contract Manager and the Caltrans Task Order Manager.

1. The Consultant Task Order Manager (who may be other than the Consultant

Contract Manager) must have a minimum of five (5) years of responsible experience performing the duties as a Task Order Manager. The Consultant Task Order Manager must be a registered professional engineer licensed in the State of California in good standing with the California State Board for Professional Engineers, Land Surveyors, and Geologists at all times during the contract period, to perform the tasks described in this Contract and in the Task Orders.

2. The Consultant Task Order Manager shall be assigned to conduct, or direct the conduct of, all work assigned under a single Task Order. The Consultant Task Order Manager shall be the primary contact for the assigned Task Order and be available as needed for communication with Caltrans.

3. The Consultant Task Order Manager shall conduct quality control and quality assurance reviews on all products and services provided by the Consultants employees and subconsultants on the Task Order.

4. The Consultant Task Order Manager shall coordinate with the Caltrans Task Order

Manager, or designee, regarding Consultant employees and subconsultants performance.

5. The Consultant Task Order Manager shall conduct periodical site inspections to assure Consultant employees, including subconsultants, have all of the tools and safety equipment necessary to conduct their duties.

6. The Consultant Task Order Manager shall conduct quality control and quality assurance reviews on all products and services provided by the Consultants employees and subconsultants on the Task Order.

7. The Consultant Task Order Manager shall assure that all Consultant employees, including subconsultants, are conforming to the safety requirements during the performance of the Consultant employee’s duties.

8. A Consultant Task Order Manager can be designated by the Consutlant Contract

Manager as the Consultant Responsible Person.

9. A Consultant Task Order Manager can perform other duties and other roles on a

Task Order including Structure Representative and Assistant Structure Representative.

I. Consultant Responsible Person.

The Consultant Responsible Person, shall be an engineer capable of signing the deliverables under this Contract requiring the signature of the Consultant Contract Manager. The Consultant Responsible Person must have a minimum of five (5) years of responsible experience performing the duties as a Task Order Manager. The Consultant Responsible Person must be a registered professional engineer licensed in the State of California in good standing with the California State Board for Professional Engineers, Land Surveyors, and Geologists at all times during the contract period, to perform the tasks described in this Contract and must have a documented minimum ten (10) years of demonstrated experience acceptable to Caltrans. The Consultant Responsible Person must be currently employed by the prime Consultant at the time the deliverables are submitted to Caltrans for consideration under the review and acceptance process.

1. This contract shall have onee Consultant Responsible Person.

2. The Consultant Responsible Person, when acting in place of the Consultant

Contract Manager, shallbe authorized to review and approve Consultant analytical results, plans, designs, specifications, estimates, notes, calculations, contractor submittal reviews, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, other documents, other items, and deliverables.

3. All analytical results, plans, designs, specifications, estimates, notes, calculations, contractor submittal reviews, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, other documents, other items, and deliverables under this Contract not fully approved by Caltrans bearing the signature of the Consultant Responsible Person shall be replaced by analytical results, estimates, notes, calculations, contractor submittal reviews, analysis, reports, graphics, drawings, product, data, details, other documents, other items, and deliverables under this Contract bearing the signature of a qualified replacement Consultant Responsible Person who is currently employed by the Consultant or its Subconsultants. In such an event, no additional time shall be allowed or cost reimbursed to the Consultant without the prior written approval of the Caltrans Contract Manager.

4. All of the Consultant’s work shall be conducted under the direction of the Consultant Contract Manager who shall have the appropriate experience as described in this Contract. All analytical results, plans, designs, specifications, estimates, notes, calculations, contractor submittal reviews, analysis, reports, graphics, drawings, visual simulations, studies, product, data, manuals, details, other documents, other items, and deliverables under this Contract requiring the Consultant Responsible Person’s signature, shall be produced by the responsible Consultant personnel having appropriate experience, and shall be signed by the Consultant Responsible Person.

I. Consultant Availability and Work Hours.

1. The typical workday includes all hours worked by the Caltrans construction contractor on the project as identified in the Task Order and also as directed by the Caltrans Contract Manager, Caltrans Task Order Manager, or designee. Unless otherwise specified in the Task Order or directed by the Caltrans Contract Manager, the normal workday shall be Monday through Friday, from 7 a.m. to 4 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 Agreement.

If Caltrans determines that the Consultant’s services and work product need to be received outside of normal workday (including instances where receipt 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 workday). Night work may be required on projects involving high traffic areas. The Caltrans construction 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.

On days when work is not performed by the Caltrans construction contractor, 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 Task Order Manager or designee.

The Caltrans Task Order 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. 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.

It is anticipated…