CM-for-30th-Street-Project-Request-for-Proposal-RFP-.pdf

REQUEST FOR PROPOSAL

FOR

ARCHITECTURAL/ENGINEERING SERVICES

BID NUMBER: RFP #26-00233-AKQC

CONSTRUCTION MANAGEMENT OF

30TH STREET WEST CATENARY REPLACEMENT

PROJECT - PHASE 1A

Request for Proposal for A&E Services August 2026

REQUEST FOR PROPOSAL

A/E SERVICES

TABLE OF CONTENTS

SECTION TITLE PAGES

1. INSTRUCTIONS AND INFORMATION FOR PROPOSERS 3

2. METHOD OF COMPENSATION 15

3 ORGANIZATION CHART 16

4 RESPONSIBILITY OF OTHERS 17

5 SELECTION PROCESS 19

6 PROJECT BACKGROUND 22

7 SCOPE OF SERVICES (“SOS”) 24

8 STAFF-HOUR SUMMARY 60

APPENDIX TITLE

1 CONSULTANT AGREEMENT

- Exhibit A - Federal Transit Administration (“FTA”) Required Provisions for Contracts

- Exhibit B - State and Local Contract Requirements

- Exhibit C - SEPTA EEO Requirements

- Exhibit D - Billing Guidelines

- Exhibit E - Technical Document Submittals

2 DBE PARTICIPATION REQUIREMENTS & SCHEDULES - NOT APPLICABLE

3 CONTRACT PRICING PROPOSAL (FORM 60)

4 A&E QUALIFICATION QUESTIONNAIRE (SF 330 Forms)

5 CERTIFICATION REGARDING LOBBYING

6 CERTIFICATION REGARDING COMPLIANCE WITH IMMIGRATION REFORM

AND CONTROL ACT OF 1986

7 PROJECT PROGRESS AND PERFORMANCE EVALUATION

8 CERTIFICATE OF COMPLIANCE WITH SECTION 109 OF THE JOINT

RESOLUTION

SECTION 1 - INSTRUCTIONS AND INFORMATION FOR PROPOSERS

I. GENERAL INFORMATION

A. Southeastern Pennsylvania Transportation Authority ("SEPTA") seeks to engage a professional firm (“Proposer”) with the proper experience, expertise, and qualified personnel to submit a formal proposal (“Proposal”) for the required services as detailed in the Scope of Services (“SOS”) and in accordance with this Request for

Proposal (“RFP”). Any information in addition to that which is required by this

RFP in which the Proposer feels will help in the evaluation of its Proposal is to be submitted, providing that the additional information does not cause its Proposal to exceed the maximum number of pages as described below.

B. Submission of SEPTA’s Solicitation Statistics Form for DBE and Non-DBE

Consultants/Subconsultants, along with a submitted Proposal, must comply with the requirements of this RFP including all applicable Federal, State, and local laws.

The proposal is to be signed by an officer legally authorized to bind the Proposer to a contract ("Agreement") and shall be hand delivered to SEPTA, at the time and manner described herein.

C. Clarity and conciseness are essential and will be considered in assessing the

Proposer’s capability. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this RFP are not desired. Elaborate artwork, expensive paper and bindings, and other expensive visual and other presentation aids are neither necessary nor wanted. If a

Proposer feels compelled to submit brochures and other presentations related to its corporate history, it should be submitted in a separate binder and clearly marked as to its contents.

D. No discussion of scope understanding and project approach shall, all together, exceed 40 pages in length. This requirement excludes the following: a Letter of

Introduction, a Table of Contents, SF330 forms, DBE forms (if applicable), Organization Chart, and all other SEPTA attached forms. One (1) hard copy and one (1) electronic copy of both the Technical Proposal and Cost Proposal must be made available on a flash or thumb drive. The Proposals should use the Font Times

New Roman - 12 cpi and be on 8 ½ x 11 size paper for consistency.

E. The Proposal must be written in Microsoft Word and be submitted either in original format or as a PDF. Exceeding the 40 page requirement may result in SEPTA reducing the overall technical score of the Proposal.

F. By signing and submitting this proposal, the Proposer must provide the signed

"Certificate of Compliance with Section 109 of the Joint Resolution Making

Further Continuing Appropriations for Fiscal Year 1988" set out in Appendix 8.

Each Proposer shall obtain the same certification from each of its proposed subcontractors/subconsultants.

II. FORM OF PROPOSAL

The Proposal must address all items as set forth in the SOS and shall be submitted in two

(2) separately bound books (binder clips are acceptable): 1.) Technical Proposal, and 2.)

Cost Proposal

A. Technical Proposal - This shall include, but shall not be limited to, the following information:

1. A statement concerning Proposer's interpretation of the Project objectives.

2. A description of the services as understood by the Proposer.

NOTE: The services described by Proposer must be fully responsive to this RFP.

Eliminations or qualifications by Proposer of performance of services required by this RFP may result in a Proposal being deemed nonresponsive.

3. Proposer shall state full name of entity as it will appear on the final contract documents. A Project organization chart identifying the Proposer's Project

Manager and all other project personnel (except for drafting/CADD and clerical personnel) must be submitted in the Technical Proposal. The

Proposer’s organization chart shall identify those staff members that the

Proposer considers to be “Key Personnel.” Resumes shall be provided identifying the qualifications and experience of the proposed Project

Manager and all key personnel.

NOTE: SEPTA will not permit a change in the Proposer’s Project Manager or any key personnel after award, unless negotiated with SEPTA.

4. Based on the schedule set forth in this RFP, Proposer is to include a schedule for the completion of services for the Project. This shall include a breakdown of estimated manhours, by position classifications, for each task identified in this RFP. A separate workforce utilization schedule shall also be prepared by the Proposer to show the start dates and duration for all of

Proposer's manpower. Manhours by position classification for each task shall be linked to this schedule. Specific salaries and fees should not be included.

5. A summary of the Proposer's qualifications and experience directly related to the Project shall be submitted on SEPTA’s Architect-Engineer’s

Qualification Form (SF330 Form).

6. Proposer must state the full name of entity as it will appear on the final contract documents. If the Proposer is a joint venture, then a copy of any written agreement or understanding which exists between the members of each party to the joint venture shall be included as part of the Technical Proposal. If no written agreement or understanding exists, then the joint venture shall include in its Technical Proposal a written statement explaining how the joint venture will fulfill the requirements of the Agreement. Such explanation shall fully discuss and identify the responsibility of the joint venture for performing the services, providing the required insurance, and providing coverage for the Agreement required indemnification of SEPTA.

7. Proposer shall provide a Certificate of Insurance (“COI”) and a sample policy evidencing its compliance with the Professional Liability Insurance requirements set forth in this RFP.

8. Certification Regarding Debarment, Suspension, and Other

Responsibility Matters -- Lower Tier Covered Transactions

Suspension and Debarment

This contract is a covered transaction for the purposes of 48 CFR Part 9.4.

As such, the Consultant is required to verify that none of the Consultant’s principals, as defined at 48 CFR 9.406, or affiliates, as defined at 48 CFR 9.403, are excluded, or disqualified as defined at 48 CFR 9.406.

The Consultant is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

a. The certification in this clause is a material representation of fact relied upon by SEPTA. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to SEPTA, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

9. Disclosure of Conflicts of Interest: It is the policy of SEPTA to award consulting contracts for planning, design, project/construction management, and/or technical services to only those Proposers whose objectivity is not impaired because of any related past, present, or planned interest, financial or otherwise, in organizations whose interests may be substantially affected by SEPTA contracting activities. To implement this policy, the following shall take place:

a. Proposer shall provide a statement in its proposal that describes in a concise manner all past, present, or planned organizational, financial, contractual, or other interest(s) with any organization whose interests may be substantially affected by SEPTA activities, and which is related to or could financially benefit from the work under this solicitation. The interest(s) described shall include those of the Proposer, its affiliates, clients both past and present, proposed subcontractors/subconsultants, proposed subcontractors and key personnel of any of the organizations. Past interest shall be limited to no more than one (1) year from the date of the Proposer's technical proposal. Key personnel shall include any person owning more than

20% interest in the Proposer’s organization or of a proposed subconsultant and/or subcontractor, including the corporate officers of any of these firms, its senior managers and any employee who is responsible for making a decision or taking an action on this

Agreement where the decision or action can have an economic or other impact on the interests of an affected organization.

b. The Proposer shall describe in detail why it believes, in light of the interest(s) identified in Section A above, that performance of the proposed Agreement can be accomplished in an impartial and objective manner.

c. In the absence of any relevant interest identified in Section A. above, the Proposer shall submit in its proposal a statement certifying that to the best of its knowledge and belief no affiliation exists that presents a possible conflict of interest. The Proposer must obtain the same information from potential subcontractors/subconsultants prior to award of a subcontract.

d. SEPTA will review the statement submitted and may require additional relevant information from the Proposer. All such information, and any other relevant information known to SEPTA, will be used to determine whether an award to the Proposer may create a conflict of interest. If any such conflict of interest is found to exist, SEPTA may (1) disqualify the Proposer, (2) if the problem exists with a proposed subconsultant/subcontractor, allow the Proposer to offer a substitute subconsultant/subcontractor, or (3) determine that it is otherwise in the best interest of SEPTA to contract with the Proposer and include appropriate provisions in the Agreement to mitigate or avoid such conflict in the awarded contract.

e. Refusal by the Proposer to provide the disclosure or representation, or any additional information required, may result in disqualification of the Proposer for award. If non-disclosure or misrepresentation is discovered after award, the resulting contract may be terminated for cause. If after award the Consultant discovers a conflict of interest with respect to the contract awarded as a result of this solicitation, which could not reasonably have been known prior to award, an immediate and full disclosure of the conflict, together with a description of the action the Consultant has taken, or proposes to take, to avoid or mitigate such conflict shall be submitted to SEPTA’s Contract Administrator within five (5) working days after the discovery of the conflict of interest by the Consultant. SEPTA may require the Consultant to take further action(s) beyond what the Consultant has proposed to avoid or mitigate the conflict of interest.

10. Proposer shall submit a signed Certification Regarding Lobbying as set forth in this RFP. Federal Transit Administration (“FTA”) Required

Provisions For Contracts, for more information.

B. Cost Proposal - The cost of performing all of SEPTA-required Scope of Services must be detailed in the Cost Proposal. The Cost Proposal shall be submitted with the Technical Proposal, but as a separate document.

NOTE: Cost Proposals that exclude or restrict cost items necessary for a Proposer to perform SEPTA-required Scope of Services are not acceptable and may be deemed by

SEPTA as non-responsive.

1. The Cost Proposal shall be submitted on a Contract Proposal Form (Cost

Plus Fixed Fee Contracts) along with any other additional information required to make it complete. Separate Contract Pricing Proposals are also required for any proposed subcontractors/subconsultants, including individual contract employees (i.e., individuals who are not regular employees on the payroll of the Consultant or of its proposed subcontractors/subconsultants). The Contract Proposal shall include all direct labor expense, salary related overhead, general, and administrative overhead and all other reimbursable expenditures necessary for the performance of all the services and shall state the proposed fixed fee.

2. Proposer shall include a detailed breakdown of its current or most recently audited overhead rate(s); if these differ from the rates proposed on the

Contract Proposal, then justification for such variation must be included.

3. Proposer shall provide the actual salary rates and ranges for all personnel.

For Agreement's with extended time durations, the Proposer may include projected increases to these rates applicable to the performance of services during such extended time periods. The assumptions used in the development of these extended rates shall be provided by Proposer in the

Cost Proposal.

4. Proposer shall provide a detailed breakdown for all projected travel expenses, materials, and other direct costs.

5. For each of its subconsultants/subcontractors, the Proposer shall provide in the Cost Proposal, the same documentation specified in Items 2, 3, and 4 above.

6. The requirements of the Agreement included in Appendix 1 of this RFP should be carefully reviewed by the Proposer prior to preparation of its Cost Proposal. In preparation of its Cost Proposal, Proposer must assume that SEPTA will not make modifications to the terms of the

Agreement as attached. The Agreement defines the allowable cost standards that will be applicable. SEPTA's determination of the allowability of costs shall be final.

III. RESPONSIBILITY OF PROPOSER

SEPTA will only award an Agreement to a firm which it has determined to be responsible.

Proposer shall furnish adequate documentation, as determined by SEPTA, within five (5) days of receipt of SEPTA's written request, to allow SEPTA to determine the responsibility of Proposer. A responsible Proposer is one which meets the following standards:

A. Integrity and Ethics - has a satisfactory record of integrity and business ethics, in compliance with 49 U.S.C. section 5325(j) (2) (A);

B. Debarment and Suspension - is neither debarred nor suspended from Federal programs under DOT regulations, “Non procurement Suspension and Debarment,”

2CFR Parts 180 and 1200, or under FAR at 48CFR Chapter 1 Part 9.4 or any

Commonwealth of Pennsylvania funded programs;

C. DBE - is in compliance with USDOTs’ Disadvantaged Business Enterprise requirements, 49 CFR part 26;

D. Public Policy - is in compliance with the public policies of the Federal Government, as required by 49 U.S.C. Section 5325 (j)(2)(B) and Commonwealth of

Pennsylvania public policies;

E. Administrative and Technical Capacity - has the necessary organization, experience, accounting, and operational controls and technical skills, or the ability to obtain them in compliance with 79 U.S.C Section 5325 (j) (2) (D);

F. Licensing and Taxes - is in compliance with applicable licensing and tax laws and regulations;

G. Financial Resources - has, or can obtain, sufficient financial resources to perform the contract, as required by 49 U.S.C. Section 5325 (j) (2) (D);

H. Production Capability - has, or can obtain, the necessary production, construction and technical equipment and facilities;

I. Timeliness - is able to comply with the required delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

J. Performance Record - is able to provide a satisfactory current and past performance record.

IV. GENERAL REQUIREMENTS

A. Submission of Proposals:

- One (1) hard copy plus one (1) electronic copy of the Technical Proposal

- One (1) hard copy plus one (1) electronic copy of the Cost Proposal

- Each Proposal must be in a separate, sealed envelope

Electronic copies of proposals are to be placed on separate flash drives – 2 separate flash drives required.

Proposals must be hand delivered no later than Thursday, November 5, 2026 no later than 4:00 pm ET to:

Southeastern Pennsylvania Transportation Authority (SEPTA)

Attention: Karen Cyphers, Sr. Contract Administrator

- Procurement and Supply Chain Management

1234 Market Street, 11th Floor

Philadelphia, PA 19107-3780

NOTE: NO Oral, telegraphic, telephonic proposals, or modifications will be accepted.

B. SEPTA Solicitation Statistics Form for DBE or Non-DBE Consultants/

Subconsultants Requirement: SEPTA is not required to collect bidding statistics regarding all firms bidding on prime contracts and subcontracts on DOT-assisted projects in accordance with Federal Regulation 49 CFR 26.11. Although not required, SEPTA requests Consultants voluntarily provide copies of this form for each DBE and Non-DBE with your proposal package for SEPTA internal reporting purposes only.

C. Disadvantaged Business Enterprise (DBE) Participation Requirement:

In connection with this solicitation and any resulting contract, SEPTA has not established goals for Disadvantaged Business Enterprise (“DBE”) participation.

This is in accordance with the DBE Regulations at 49 CRF §26.39, §26.51, which require SEPTA to attempt to use race-neutral means of obtaining DBE participation whenever possible. If your firm utilizes a certified DBE subconsultant/supplier, a dually executed DBE Participation Schedule which is attached must be submitted for each DBE subconsultant/supplier, with the Technical Proposal and include the following:

(i) The name and address of the DBE firm that will participate in the Contract

(ii) A description of the work that the DBE will perform

(iii) The percentage of the participation of the DBE firm participating

NOTE: If applicable, the Proposer is required to submit a properly executed DBE

Participation Schedule for each DBE subconsultant/supplier identified to participate in the Contract.

If applicable, within forty-eight (48) hours from notification by SEPTA Proposer is required to submit a Commitment/Confirmation document for each DBE firm scheduled to participate. The Commitment/Confirmation document represents:

(i) The proposer’s commitment to use a DBE subconsultant/supplier whose participation it submitted to meet a contract goal; and

(ii) The DBE subconsultant/supplier’s confirmation that it is participating in the

Contract as provided in the Proposer’s commitment.

(iii) If the contract goal is not met, the Proposer must provide evidence of its

Good Faith Efforts in accordance with Paragraph E - Determination of DBE

Responsibility.

NOTE: In accordance with 49 CFR §26.39 (Fostering Small Business Participation), the Proposer is also required to identify all other subconsultants/suppliers scheduled to participate in the Contract by submitting the attached Non-DBE Participation Schedule with their Technical Proposal.

D. Rights Reserved by SEPTA: SEPTA expressly reserves the right to reject any and all Proposals and/or to negotiate separately with any firm in any manner deemed appropriate to serve its best interest. If any award of Agreement is made as a result of these Proposals, it will be made on the basis of the Proposal which best satisfies the intent of the RFP and other factors considered in the best interest of SEPTA. SEPTA is not liable for any expenses incurred by Proposer(s) in the development of its Proposal or any subsequent activity related to the Proposal.

Any Agreement to be entered into pursuant to this RFP is subject to financial assistance grants between SEPTA, the United States Department of Transportation

(“USDOT”), Federal Transit Administration (“FTA”), and the Pennsylvania

Department of Transportation (“PennDOT”), and must conform to the requirements thereof.

E. Modifications to SEPTA's Form of Agreement: If an award of Agreement is made as a result of this RFP, the proposed form of Agreement which the Proposer will be required to execute is included in this RFP, and the Proposers are urged to review the Agreement carefully.

NOTE: SEPTA may, at its sole discretion, consider minor modifications to the terms of the proposed Agreement provided the Proposer specifically requests such modifications in the Technical Proposal.

The Agreement requires that all tasks described in the RFP and/or Proposal shall be the Proposer's sole responsibility and shall be performed by the Proposer and its subcontractors/subconsultants. As part of the negotiation process, SEPTA may elect to consolidate the services described in the RFP and the Proposal into a single document. The single document shall then become an Exhibit to the Agreement instead of the RFP and Proposal. In no event will SEPTA reduce the Scope of

Services required by this RFP during the negotiation process. SEPTA expressly reserves the right to approve and/or modify, at its sole discretion, both form and substance of any written Agreement entered into pursuant to this RFP.

F. Insurance: Proposer and its subcontractor(s)/subconsultant(s) shall be required to provide, at their own cost and expense, (i.e., SEPTA will not pay for such insurance as a direct cost but will pay for such insurance through overhead allocations, subject to the requirements of the Agreement), Workers' Compensation

Insurance as required by the Commonwealth of Pennsylvania; General Public

Liability coverage per occurrence/claim (Note: All insurance carriers providing this coverage shall have an A.M. Best Rating of "B+" or greater). If this coverage is written on claims made basis, there shall be a three (3) year discovery endorsement. Also, there shall be no prior act coverage restriction for any period covered under this contract. The successful Proposer shall be required to maintain this limit of coverage forthwith three (3) years after completion of the Project.

G. Performance Evaluation: SEPTA's Procurement Manual requires the formal performance evaluation of all Consultant Agreements over $25,000.00. See

Appendix 7.

H SEPTA Bid/Proposal Protest Procedure: Bid/proposal protests relative to this procurement will be reviewed and adjudicated by SEPTA in accordance with the attached Bid/Proposal Protest Procedure.

SEPTA BID/PROPOSAL PROTEST PROCEDURE

1.0 PURPOSE

1.1 This section describes the policies and procedures governing the receipt and resolution of protests in connection with a Request for Proposal

(“RFP”). This procedure is applicable to all RFP’s in excess of

$25,000.00. Bid/proposal protests for procurements of less than

$25,000.00 shall be informally handled by the Chief Officer - Procurement

& Supply Chain Management or his/her designee.

2.0 DEFINITIONS

2.1 "Interested Party" means any bidders/proposers.

2.2 "days" means business days.

2.3 “Filed” means the date of receipt by The Office of SEPTA’s Chief Officer

- Procurement & Supply Chain Management or his/her designee

(hereinafter Chief Officer - Procurement & Supply Chain Management).

2.4 “Federal/State Law or Regulation” means any valid requirement imposed by Federal, state, or other Statute or regulation.

2.5 “Presumptive Contractor/Consultant” means the bidder/proposer that is in line for award of the contract in the event that the protest is denied.

2.6 “Protestant” is an Interested Party who is aggrieved in connection with the solicitation or award of a contract and who files a protest.

3.0 TYPES OF PROTESTS/TIME LIMITS

3.1 Pre-Bid/Proposal Protest is based upon alleged restrictive specifications or alleged improprieties in SEPTA’s procurement process. A Protestant must file a pre-bid/proposal protest no later than five (5) days prior to bid opening date by 4:30 p.m. Philadelphia prevailing time.

3.2 Pre-Award Protest is based upon alleged improprieties of a Bid/Proposal.

A Protestant must file a pre-award protest no later than five (5) days after the Protestant knows or should have known of the facts giving rise thereto by 4:30 p.m. Philadelphia prevailing time.

3.3 Post-Award Protest is based upon the award of a contract. A Protestant must file a post-award protest no later than five (5) days after the notification to the unsuccessful firms of SEPTA’s intent to award, or no later than five (5) days after an unsuccessful firm becomes aware of

SEPTA’s intent to award a contract, whichever comes first, by 4:30 p.m.

Philadelphia prevailing time.

4.0 CONTENTS OF PROTEST

4.1 Protests must be in writing, and filed directly with the Office of SEPTA’s

Chief Officer - Procurement & Supply Chain Management, at the address indicated in the solicitation, and must contain the following information:

4.1.1. The name, address, and telephone number of the Protestant

4.1.2. Identity of the IFB or RFP (by number and description)

4.1.3. A detailed factual statement of the grounds for protest

4.1.4. The desired relief, action or ruling

5.0 ACTION BY SEPTA

5.1 Procurement Process Status

Upon timely receipt of a protest, SEPTA will delay the opening of bids until after resolution of the protest(s) filed prior to the bid opening, or withhold award until after resolution of the protest(s) filed after bid opening. However, SEPTA may open bids or award a contract whenever

SEPTA, at its sole discretion, determines that:

5.1.1. The items or work to be procured are urgently required

5.1.2. Delivery or performance will be unduly delayed by failure to make the award promptly

5.1.3. Failure to make prompt award will otherwise cause undue harm to

SEPTA or a funding source

If the protest is filed before the award of the contract, SEPTA will advise the Presumptive Contractor/Consultant of the pending protest.

5.2 If deemed appropriate, SEPTA may conduct an informal conference on the merits of the protest with all Interested Parties invited to attend.

5.3 Response to the Protest

SEPTA’s Chief Officer - Procurement & Supply Chain Management will respond, in detail to each substantive issue raised in the protest within a reasonable time after the protest is filed. SEPTA’s response shall address only the issues raised originally by the Protestant.

When, on its face a protest does not state a valid basis for protest or is untimely, the Chief Officer - Procurement & Supply Chain Management may summarily dismiss the protest without requiring a detailed response.

5.4 Rebuttal to SEPTA Response

The Protestant may submit a written rebuttal to SEPTA’s response, addressed to the Chief Officer - Procurement & Supply Chain

Management, but must do so within five (5) days after receipt of the original SEPTA response. SEPTA will not address new issues raised in the rebuttal. After receipt of the Protestant’s rebuttal, the Chief Officer -

Procurement & Supply Chain Management will review the protest and notify the Protestant of his/her final decision.

5.5 Request for Additional Information

Failure of the Protestant to comply with a Request for Information (“RFI”) as specified by SEPTA’s Chief Officer - Procurement & Supply Chain

Management, may result in determination of the protest without consideration of the additional information if subsequently produced. If any Interested Party requests information from another Interested Party, the request shall be made to SEPTA’s Chief Officer - Procurement &

Supply Chain Management and, if SEPTA so directs, shall be complied with by the other party within five (5) days.

5.6 Request for Reconsideration

If data becomes available that were not previously known, or there has been an error of law, a Protestant may submit a request for reconsideration of the protest. SEPTA’s Chief Officer - Procurement & Supply Chain

Management will again review the protest considering all currently available information. The Chief Officer - Procurement & Supply Chain

Management determination will be made within a reasonable period of time, and his/her decision will be considered final.

5.7 Decision

Upon review and consideration of all relevant information the determination as issued by SEPTA will be final.

6.0 CONFIDENTIALITY OF PROTEST

Material submitted by a Protestant will not be withheld from any Interested Party, except to the extent that the withholding of information is permitted or required by law or regulation. If the Protestant considers that the protest contains proprietary material which should be withheld, a statement advising of this fact must be affixed to the front page of the protest submission and the allegedly protected information must be so identified whenever it appears.

7.0 FEDERAL TRANSIT ADMINISTRATION (FTA) INVOLVEMENT

Where procurements are funded by the FTA, the Protestant may file a protest with the FTA only where the protest alleges that SEPTA failed to have or failed to adhere to its protest procedures. Any protest to the FTA must be filed in accordance with FTA Circular

4220.1F.

SECTION 2 - METHOD OF COMPENSATION

I. REIMBURSEMENT

Reimbursement for services provided for the Project shall be made on a cost-plus-fixed-fee basis, provided that the total actual and allowable cost for performance of all services under the Agreement shall not exceed a set maximum amount (the "Total Contract Price").

II. SUBMITTAL

Proposer shall submit the Cost Proposal in accordance with Appendix 3 of this RFP, utilizing Contract Pricing Proposals (Cost Plus Fixed Fee Contracts) and shall outline the cost of direct labor, salary related overhead, general administrative overhead, and other reimbursable costs to develop a cost-plus-fixed-fee contract. The fixed fee as applied to direct cost is restricted by Federal procurement standards to a maximum of ten percent

(10%) of the direct labor cost and applicable overhead, and a maximum of five percent

(5%) of subcontractor/subconsultant costs. Fixed fees are negotiable within parameters of the Federal guidelines.

It is emphasized that the selected Proposer will be obligated to complete all services within the Total Contract Price.

III. METHOD OF PAYMENT

To clarify the issue of Method of Payment as it will be interpreted by SEPTA, be advised that payments will be made in accordance with Appendix 1 only for that portion of services deemed actually and satisfactorily performed to date by Proposer. SEPTA's Project

Manager will have discretion whenever a dispute arises, and SEPTA’s Project Manager’s decision shall be binding on both parties for payment matters of this kind. Proposer's attention is also directed to the Billing Guidelines, which are attached to the Agreement to which Proposer will be required to adhere.

SECTION 3 - ORGANIZATION CHART

I. ORGANIZATION CHART

The Proposer is to include an organizational chart(s) based on its understanding of the services required by SEPTA as set forth in this RFP. The organization chart(s) shall clearly identify the Proposer’s Project Manager and key personnel. The chart(s) shall illustrate the organizational lines of communication to be established to facilitate project management and control.

II. PERSONNEL

All personnel proposed to be utilized on this contract with the exception of drafters, technicians, and clerical will be shown on the organization chart(s) and shall be identified by name, Project responsibility, or position and the firm with which they are associated.

For joint ventures, the individual’s originating firm shall be shown.

SECTION 4 - RESPONSIBILITY OF OTHERS

I. SEPTA

A. Project Manager

SEPTA will provide a Project Manager ("SEPTA’s Project Manager") and management team which shall provide the technical direction of the Project.

SEPTA’s team shall also monitor and review the progress of the Proposer's services in order to aid in the program coordination. The participation by SEPTA’s Project

Manager shall not relieve the Proposer from its obligations under the terms of the

Agreement.

SEPTA’s Project Manager for this RFP is:

Robert Fraynert / rfraynert@septa.org

B. Contract Administrator

SEPTA will also provide a Contract Administrator for the Agreement ("SEPTA's

Contract Administrator"). All changes in the services to be performed must receive prior written authorization of SEPTA's Contract Administrator.

SEPTA’s Contract Administrator for this RFP is:

Karen Cyphers / kcyphers@septa.org / 215-580-7636

NOTE: During the procurement process, all correspondence will be directed to the contracting officer assigned to this project and ONLY that contracting officer.

Under no circumstances are Proposers or any of its subconsultants/ subcontractors to contact or speak with any member of the Technical Team or any other SEPTA employee unless authorized by the Contract Administrator. All changes, updates, Q&As, etc. will be funneled into, and out from, the Contracting

Officer. Failure to comply with this recommendation may cause the Proposers submittal to be deemed unresponsive.

C. Safety Training

SEPTA Roadway Worker (“RWP”) Training is required for all Consultant team members (including subconsultants) that are required to enter SEPTA Right-of-

Way. Consultant shall contact the SEPTA Project Manager to arrange for safety training, if required. OSHA 30-hour training and First Aid and CPR Training are also required by the Prime and all subconsultants. Amtrak, and/or CSX training, may also be required as dictated by final design scope.

II. OTHERS

Contractors/Consultant must comply with 49 CFR § 219 - Control of Alcohol and

Drug Use as outlined for all Roadway Workers and Maintenance of Way employees.

49 CFR § 214.7 “Roadway worker means any employee of a railroad, or of a contractor to a railroad, whose duties include inspection, construction, maintenance or repair of a railroad track, bridges, roadway, signal and communication systems, electric traction systems, roadway facilities or roadway maintenance machinery on or near the track or with the potential to foul a track, and flagmen and watchmen/lookouts as defined in this section.”

49 CFR § 219.5 “Employee means any individual (including a volunteer or a probationary employee) performing activities for a railroad or a contractor to a railroad.”

Contractors/Consultant must submit a copy of their FRA Drug and Alcohol testing plans to their Contract Administrator within ten (10) days of notification of a successful bid and before starting work on the project.

Any updates and/or changes to the plan after award must be submitted to SEPTA throughout the life of the contract.

Any delay in submitting the required plan or updates to SEPTA may delay the contract award or the work.

SECTION 5 - SELECTION PROCESS

I. EVALUATION CRITERIA

The following criteria will be used for the evaluation of Proposals. The relative importance of the criteria is indicated by the order in which they are placed, highest value ones at the top of the list:

A. Professional Qualifications - specialized experience and technical competence of the Project team, including the roles and responsibilities of individuals.

Has the Consultant:

1. Appointed a Construction Manager (“CM”) and Geotechnical Engineer who possesses the appropriate education, has relevant technical and administrative experience and has managed similar work of this size and complexity?

2. Assigned Construction Inspector(s) to the various construction contract(s) with appropriate professional qualifications, past construction experience and/or technical competence?

3. Committed to assigning the designated CM and Geotechnical Engineer to complete the work of the Contract?

4. Required the subconsultants to assign project team members with appropriate professional qualifications, significant past experience and technical competence as detailed in the various project tasks?

B. Project Approach – interpreting the Project objectives and describing the services to be provided.

1. Demonstrated a clear understanding of the project by providing explicit interpretation of the Project’s goals, requirements, and challenges?

2. Adequately covered construction management services, especially with regard to team building and staff availability?

3. Addressed and committed to completing all tasks listed in the RFP?

4. Established a distinct logical approach for performance of all tasks required by the RFP?

5. Demonstrated a clear understanding of the importance of scheduling, detailed estimating and coordination with local and other governing jurisdictions?

6. Added specific tasks and/or procedural commitments that will improve or more completely accomplish SEPTA’s goals - with a commitment to perform these innovative tasks?

C. Team & Organization – sufficient capacity to accomplish the services in the required time considering the team, its organization, and the person-hour estimate.

1. Clearly outlined and defined the division of work tasks between the consultant and the named subconsultant/special inspections firm?

2. Provided the construction management staffing required to successfully support the work of Contractors/Consultants and SEPTA Force Account and Staff?

3. Successfully worked together on past projects with other members of the joint venture/sub-consultants?

4. Satisfactorily described the overall project control methods to evaluate the progress of various work of the Contractors/Consultants, including maintaining individual and overall status of schedules, cash flow, methods of reporting?

5. Satisfactorily described their method of project control for the management of their contract including personnel assignment budgets, and resource management, cash flow, schedule, and reporting of CM/RE progress?

D. Location - Proposer in the general geographic area of the Project and knowledge of the locality of the Project.

Does the Consultant:

1. And assigned Sub-Consultants have a general knowledge of the Greater

Philadelphia Metropolitan area and SEPTA?

2. Have specific knowledge of the project site or the ability, as reflected in their approach and/or organization, so that they can meet any special project needs as required in the work scope?

E. Experience Verification - or past performance on other relevant projects/contracts with SEPTA, with other government agencies and in private industry. SEPTA will perform reference checks for each firm. Although the reference checks will not be scored per se, they will be used to validate information contained in the Technical

Proposal.

1. The Consultant’s and subconsultant’s successful completion of similar work for SEPTA and/or other transit agencies.

2. The Consultant’s and subconsultant’s demonstrated stability and competency through repeat business and successfully meeting their contractual obligations with SEPTA and/or other clients.

II. SELECTION:

The SEPTA staff will review the Proposals based on the above criteria (and the criteria listed in Section 7) and develop a listing, in order of preference, of the firms considered most highly qualified to perform the services. SEPTA may also request additional information as it deems necessary from any Proposer. Proposers may be required to hold discussions with the SEPTA staff. Following the technical evaluation, SEPTA will request a cost proposal from and initiate negotiations, if any, with the Proposer receiving the highest technical rating. The negotiations will be to finalize all terms and conditions of the

Agreement, including the Total Contract Price and the rate of retainage. If a mutually satisfactory Agreement cannot be negotiated, SEPTA will obtain a written best and final offer from the Proposer, and if it is still unacceptable, SEPTA will notify the Proposer that negotiations have been terminated. SEPTA will then request a cost proposal from, if not previously requested, and initiate negotiations with the next highest technically rated

Proposer. This procedure shall be continued until a mutually satisfactory Agreement has been negotiated or negotiations have failed with all Proposers who submitted technically acceptable proposals.

III. AWARD

A. An award, if any, will be authorized in accordance with SEPTA's procedures.

B. SEPTA will make an award, if any, only to a firm that has been determined by

SEPTA to be responsive and responsible.

SECTION 6 - PROJECT BACKGROUND

I. PROJECT OVERVIEW

SEPTA seeks to engage a consulting organization (the “CM”) to provide Construction

Management and Inspection Services, along with other management and professional services for the 30th to Kay Overhead Contact System (“OCS”) and Structure Replacement

Project. The project overall involves multiple phases of construction under separate contracts, but phases may be performed concurrently. The CM awarded this contract will perform all services associated with Phase 1A of the 30th to Kay OCS and Structures

Replacement Project.

Phase 1A consists of the installation of 257 (+/-5%) drilled catenary structure foundations

(203 caisson type catenary foundations and 54 caisson type down guy foundations) within the project area from 30th Street Station to the interface at Kay Interlocking, a distance of approximately 1.6 miles. The project area encompasses four (4) mainline tracks, carrying revenue service for four (4) Regional Rail lines, and Powelton Yard, SEPTA’s largest

Regional Rail storage yard. The foundations will support the overhead contact system which supplies power to electrified trains. The construction of these foundations is the first phase in a series of activities that will result in increased resilience and reliability for

SEPTA’s Regional Rail.

Construction phases subsequent to Phase 1A will be performed under separate contracts and include the repair or replacement of all retaining walls, repair of the 36th Street Tunnel, infill of Grays Ferry Tunnel, stormwater drainage improvements, installation of a headwall, and expansion and improvement of Powelton Yard with additional tracks, slope stabilization, and switch heaters.

II. PROJECT OBJECTIVES

Construction for the 30th to Kay OCS and Structure Replacement Project will occur in phases under separate contracts but phases may be performed concurrently. The CM awarded this contract will be involved in Phase 1A which encompasses the following:

A. Provide staff to perform construction management and special inspection services as detailed in the Scope of Services. Construction activities will consist of installation of 257 (+/-5%) catenary structure foundations (203 caisson-type catenary foundations and 54 caisson-type down guy foundations). The drilled foundations range in diameter from 36-inches to 54-inches.

B. The Consultant will provide Key Personnel as detailed in the Scope of Services to represent SEPTA on site throughout construction, manage the contractor(s) during all field construction operations, inspect all drilled shaft construction, enforce protocols regarding potential archaeological discoveries and their documentation, ensure compliance of all personnel to SEPTA’s safety standards and job site emergency procedures, and support SEPTA staff on construction related services as needed.

III. SCHEDULE OF MILESTONES

SEPTA's current schedule of milestones under the Agreement is included below for information. This schedule shall be implemented and coordinated with the proposal. The

Consultant will be expected to perform the Construction Management Services in accordance with the durations and stipulations contained herein. The total duration for tasks, as listed below, shall not exceed 850 calendar days from the Notice to Proceed.

MILESTONES:

Construction Management Services

Duration in

Calendar Days

Cumulative

Calendar Days from NTP

NTP for Construction Management Services 1 1

Construction 730 731

Project Closeout 119 850

SECTION 7 - SCOPE OF SERVICES

TABLE OF CONTENTS

I. PROJECT INTRODUCTION ------------------------------------------------------------------ 25

II. OVERVIEW OF CM SCOPE ------------------------------------------------------------------ 27

III. PROJECT MANAGEMENT ------------------------------------------------------------------- 32

IV. CONSTRUCTION MANAGEMENT --------------------------------------------------------- 39

V. MANAGEMENT OF COST ESTIMATES -------------------------------------------------- 46

VI. STAKEHOLDER COORDINATION--------------------------------------------------------- 46

VII. SCHEDULE MANAGEMENT ----------------------------------------------------------------- 49

VIII. SAFETY MANAGEMENT OVERSIGHT--------------------------------------------------- 51

IX. CLOSEOUT MANAGEMENT ----------------------------------------------------------------- 56

ATTACHMENTS

Attachment A: Memorandum of Agreement (FTA, SHPO, SEPTA)

Attachment B: Materials Management Plan

Attachment C: Dewatering Specification

Attachment D: Archaeological Monitoring Protocol

Attachment E: Unanticipated Discovery Protocol for Human Remains

Attachment F: Confidentiality and Non-Disclosure Agreement for Safeguarding

Safety-Sensitive Information Provided by SEPTA

SCOPE OF SERVICES

I. PROJECT INTRODUCTION

A. SUMMARY OF SERVICES

SEPTA seeks to engage a consultant organization to provide Construction

Management (“CM”) services, along with all other management and professional services required pursuant to this Scope of Services (“Services”) and performed by the CM for Construction Management Services for the 30th to Kay Overhead

Contact System (“OCS”) and Structures Replacement Project: Phase 1A (the

“Project”) and other work as identified by SEPTA. The Project involves multiple phases of construction which will be performed under separate contracts but may be performed concurrently. The Project, as used herein, encompasses Phase 1A and includes all packages and services in support of the Project, as set forth in more detail below.

Due to a conflict of interest, the following criteria must be followed by the

Proposer for the Construction Manager contract:

1. The Proposer for this contract cannot be the Design Engineer/EOR, as a prime, joint venture, or subconsultant.

2. The Proposer for this contract cannot be the General Contractor, Electrical Contractor, or the Mechanical Contractor, as a prime, joint venture, or subconsultant.

B. PROJECT BACKGROUND

1. SEPTA is procuring or has entered into multiple contracts in support of the

Project as follows: (1) SEPTA has retained a contract with the architecture, engineering, and construction firm, Gannett Fleming TranSystems

(“GFT”), that will act as the Engineer-of-Record (“EOR”) for the Project;

(2) SEPTA will also enter into separate contracts (the “Contract”) with contractor(s) to perform construction services for the Project.

2. The Project involves replacement or modification of existing OCS and associated structures within the existing railroad corridor between William

H. Gray III 30th Street Station and the interface at Kay Interlocking. The

Project is approximately 1.6 miles long and encompasses SEPTA’s

Powelton Yard and Mainline Rail Tracks, which are located within

SEPTA’s right-of-way (“ROW”) as well as within the area licensed by

SEPTA from Amtrak, the Licensed Agreement Area, which begins at the

Spring Garden Street Bridge and extends northwest.

3. Other Project elements include the replacement of timber retaining walls, repair of masonry retaining walls, the erection and installation of steel structures, slope stabilization, placement of duct banks, construction of a new concrete bulkhead, infill of the existing Grays Ferry Tunnel, repair of the interior of the existing 36th Street Tunnel, expansion of tracks in

Powelton Yard, and installation of all new catenary wire.

4. An executed Memorandum of Agreement (“MOA”) between Pennsylvania

State Historic Preservation Office (“PA SHPO”) and SEPTA is in place and is to be adhered to throughout the duration of construction (inclusive of material salvage, submittals, communication of construction status, etc.).

An executed License Agreement between Amtrak and SEPTA is in place and is to be adhered to throughout the duration of construction. Construction coordination and outage requests are critical so as not to adversely impact travel on SEPTA’s Regional Rail Lines or Amtrak’s Keystone Corridor.

5. Amtrak, PennDOT, and the City of Philadelphia (“COP”) are a major stakeholders for this Project. The Project may necessitate coordination with

Project Stakeholders. The Project Stakeholders involved may have review, approval or oversight of one or more elements of the Project.

C. PROJECT SCOPE OF WORK

1. The project will consist of the installation of 257 (+/-5%) catenary structure foundations (203 caisson type catenary foundations and 54 caisson type down guy foundations). The construction of Phase 1A consists of the drilling of holes in the earth, the setting of steel cans and rebar cages, the setting of all required bolt patterns, the pouring of concrete, and any and all work related to each foundation as per project specifications.

2. Several foundations are located within 25 feet of Amtrak’s track and/or within 15 feet of Amtrak’s OCS and will require Amtrak support in order to not interfere with Amtrak’s operations.

3. Project scope includes, but is not limited to, utilizing a minimum of two operating rigs, soft digging to five (5) feet at all foundation installations, drilling select foundations from rail, and drilling in archaeologically sensitive areas.

D. DESIGNER CONTRACT OVERVIEW

SEPTA previously procured and entered into a contract with…