3-Appendix E - Work Directives.pdf

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Attached to
On-Call Project Management and Technical Consulting Services for the LAVTA Atlantis Facility Construction Project
Solicitation number
2026-04
Issued by
Alameda County, California

About this file

This is an Appendix E Work Directives document for the Livermore Amador Valley Transit Authority (LAVTA) on-call project management and technical consulting services contract for the Atlantis Facility Construction Project (RFP# 2026-04). Work Directives will be issued to the selected consultant on an as-needed basis throughout the contract period, with each directive specifying its own scope of work and period of performance. The consultant must submit technical and cost proposals within ten calendar days of receiving a Work Directive Proposal Request from LAVTA. Upon approval by LAVTA's Project Manager, a Work Directive will be formally issued. Any amendments to a Work Directive's scope require submission of a revised proposal within ten calendar days. Work performed by the consultant prior to formal issuance of a Work Directive or amendment is performed at-risk and will not be reimbursed.

Work Directive compensation is based on rates established in the underlying Agreement and will be structured on either a Cost Plus Fixed Fee with ceiling (CPFF) or Specified Rates of Compensation (SROC) basis, depending on the scope. Costs are calculated using estimated labor hours and previously approved Position Titles, Labor Categories, and rates from the consultant's cost proposal. The consultant must submit Earned Value Reports within seven business days after each billing period, including descriptions of work performed, planned and actual costs, narrative status updates, deliverable tracking, and comparisons of percent billing to percent work complete. Invoices must be submitted no later than thirty days after the close of the calendar month in which costs were incurred. LAVTA expressly reserves the right to contract with other consultants for future services and will determine the need for Work Directive amendments. If a Disadvantaged Business Enterprise (DBE) goal is assigned to a Work Directive Proposal Request, the consultant must either meet the goal or document sufficient good faith efforts to meet it, with failure to do so potentially resulting in denial of the Work Directive award.

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On-Call Project Management and Technical Consulting Services WORK DIRECTIVES For the LAVTA Atlantis Facility Construction Project APPENDIX E RFP# 2026-04 Page E-1

23133273.2

APPENDIX E: WORK DIRECTIVES

Work Directives (WDs) will be issued to the Consultant at any time during the contract period of performance. Services are to be provided on an as-needed basis throughout the term of the contract and services must be completed within the period specified in the WD. Performance of services under issued WDs must be completed within the term of the Agreement.

The Services to be furnished by the Consultant may vary according to LAVTA's needs. The actual services to be provided shall be described in specific WDs. Each WD will contain a period of performance specific to the WD. LAVTA expressly reserves the right to contract for performance of services with other consultant(s). There is no guaranteed minimum level of effort to be expended or compensation to be paid under this RFP.

Organizational conflicts of interest, if any, will be assessed at the WD level. Consultant shall take all reasonable measures to preclude the existence or development of an organizational conflict of interest in connection with work performed under WDs. It is the Consultant’s responsibility to ensure that no organizational conflicts of interest exist. If the Consultant has a conflict of interest, real or apparent, it will not be allowed to provide services for those projects.

A. Issuance:

As needs arise, LAVTA will issue a WD Proposal Request. Consultant is responsible for preparing and submitting a WD Technical and Cost Proposal within ten (10) calendar days of Consultant’s receipt of LAVTA’s request or by the due date as indicated in the specific WD Proposal Request. Upon review, negotiation (if any), and approval by LAVTA's Project Manager (or designee) of Consultant’s WD Technical and Cost Proposal, LAVTA will issue a WD.

If a DBE goal has been assigned to a WD Proposal Request, Consultant shall meet the DBE goal in its proposal or shall document that it has made sufficient good faith efforts to meet the goal. LAVTA will evaluate the Consultant’s good faith efforts to meet the DBE goal before a WD is authorized. Good faith efforts may include the following:

Advertising or other outreach to seek DBEs.

The solicitation of proposals from DBEs.

The selection of types and units of work for DBEs to participate in.

Reasons and other evidence why DBEs were rejected for the WD.

Efforts to help DBEs participate in the WD, such as loan assistance, reduction in insurance requirements, etc.

Contacting organizations to seek DBEs.

Other data to support a demonstration of good faith efforts.

If a Consultant fails to meet a DBE goal on a WD proposal request and also fails to demonstrate that good faith efforts were made to meet the goal, the Consultant may be denied the award of the WD and the Consultant shall be afforded a reconsideration hearing.

B. Amendments and Compensation:

WDs are governed by the terms and conditions of the Agreement, and by any other specific terms and conditions identified in the WD. Such additional terms and conditions, if any, will be identified in the WD Proposal Request. Work will be authorized by LAVTA through the issuance of a WD.

Work performed by the Consultant prior to issuance of a WD is understood to be at-risk, and Consultant may not be reimbursed for said work.

RFP# 2026-04 Page E-2

WD Amendments:

Any addition to, reduction of, and/or other revision of the scope of work for a WD that is approved by LAVTA requires a WD Amendment. A WD Proposal Request for the Amendment will be issued to the Consultant by LAVTA. Consultant is responsible for preparing and submitting a WD Technical and Cost Proposal within ten (10) calendar days of Consultant’s receipt of LAVTA's request or by the due date as indicated in that specific WD Proposal Request. LAVTA reserves the right to determine in its sole discretion if completion of the WD amendment is needed. Performance of work related to additional scope by the Consultant prior to authorization to perform such work by LAVTA is understood to be at-risk, and Consultant may not be reimbursed for said work.

WD Compensation and Rates:

WD cost will be based on rates established in the underlying Agreement, and the time and deliverable requirements in the WD. WDs will be issued on either a Cost Plus Fixed Fee with a ceiling (CPFF) expenses, or Specified Rates of Compensation (SROC) basis, depending on the WD scope of services.

WD estimated total cost amounts will be negotiated based on estimated labor hours and previously approved Position Title and/or Labor Categories and other rates set forth in Consultant’s Cost Proposal to this RFP and as set forth in each WD Technical and Cost Proposal. WDs may vary significantly in size. For example, one Work Directive may be for NEPA/CEQA clearance efforts while another Work Directive may be for providing a single support staff person (i.e., transportation planner) to a project for a limited duration of time. Compensation is further described in Section 2 of this RFP and the Agreement.

C. WD Reporting and Invoicing:

If required by a WD’s scope of work, the Consultant shall submit to LAVTA an Earned Value Report within seven (7) business days after the end of the billing period. These reports shall contain the task/sub-task as set forth in the WD and will include, at a minimum, a description of all work performed within the reporting period; and the planned, forecasted, earned and actual costs for the reporting period and cumulative to date. The reporting period shall be identical to the billing period established for the work.

The report shall include a narrative status report containing work accomplished to date and a forecast for work to be completed within the billing period. The narrative report shall note significant milestones achieved. This report shall be supplied to the Project Manager and shall also be attached to the appropriate corresponding invoice. Consultant is required to submit invoices for services performed no later than thirty (30) days after the close of the calendar month in which such costs were incurred.

Failure to submit invoices in a timely manner may result in LAVTA rejecting such invoices.

The report will cover activities performed on all open WDs during the billing period and address the following topics:

Summary of key issues, trends and risks, including identification of potential cost/schedule overruns, the reasons for such impact, and the mitigation measures proposed. The summary shall also describe any outstanding responses that the Consultant has requested from LAVTA or a third party agency that may potentially impact the cost or schedule of the work;

Summary of deliverables that includes a table showing original, revised forecast and actual dates for each deliverable. Any actual or revised forecast dates that deviate from the original plan shall be accompanied by an explanation of the causes for such deviations;

Identify any WD Proposals or Amendments in process;

Identify any out of scope work; and

Compare the percent billing to percent work complete.

RFP# 2026-04 Page E-3

D. Meetings:

LAVTA and Consultant shall meet monthly or at a time period as mutually agreed upon to review Consultant’s performance under specific WDs and/or the contract.

E. LAVTA’s Rights:

Although it is LAVTA’s intention to satisfy its Services needs by contracting with Consultant, LAVTA expressly reserves the right to contract for future Services with other firms for projects that may arise.

Such Services will be obtained through a separate competitive solicitation, and LAVTA shall solely determine how such specific projects will be awarded.

F. Consultant’s Key Personnel:

Consultant shall be responsible for the management of technical and administrative personnel used for each WD. Each WD will identify LAVTA's staff representative as WD Manager and/or Project Manager.

Consultant shall be responsible for any errors and omissions and is financially responsible to cover the cost of any and all deficient work resulting from the Consultant’s errors and omissions, including re-performance of the work.

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