CQMGECCM2500-RFP-24-00350-ARIB-GEC-CM-2025-1.pdf

A&E 11/2024

REQUEST FOR PROPOSAL

ARCHITECTURAL/ENGINEERING SERVICES

FOR

24-00350-ARIB

GENERAL ENGINEERING CONSULTANT CONSTRUCTION MANAGEMENT

AND INSPECTION SERVICES (GEC CM 2025)

A/E SERVICES

TABLE OF CONTENTS

SECTION

TITLE

PAGES

INSTRUCTIONS AND INFORMATION FOR PROPOSERS

1 – 10

METHOD OF COMPENSATION

ORGANIZATION CHART

RESPONSIBILITY OF OTHERS

SELECTION PROCESS

PROJECT BACKGROUND

SCOPE OF WORK

APPENDIX

TITLE

1 CONSULTANT AGREEMENT

Exhibit A - Federal Transit Administration (FTA) Required Provisions For Contracts Exhibit B - State Contract Requirements Exhibit C - SEPTA EEO Requirements Billing Guidelines

2 DBE PARTICIPATION REQUIREMENTS & SCHEDULES

3 COST PRICING PROPOSAL (COST PLUS FIXED FEE CONTRACTS)

4 ARCHITECT-ENGINEER QUALIFICATIONS QUESTIONNAIRE

5 CERTIFICATION REGARDING LOBBYING

6 CERTIFICATION REGARDING COMPLIANCE WITH IMMIGRATION REFORM AND

CONTROL ACT OF 1986

7 PROJECT PROGRESS AND PERFORMANCE EVALUATION FORM

CERTIFICATE OF COMPLIANCE WITH SECTION 109 OF THE JOINT RESOLUTION

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SECTION 1 - INSTRUCTIONS AND INFORMATION FOR PROPOSERS

I. GENERAL INFORMATION:

A. You (hereinafter referred to as "Proposer") are requested to submit a formal proposal (hereinafter referred to as "Proposal") for the required services detailed in Section 7 (hereinafter referred to as "Project") in accordance with this Request for Proposal (RFP). Any information in addition to that required by this RFP which Proposer feels will help in the evaluation of its Proposal is to be submitted with its Proposal, provided that the additional information does not cause its Proposal to exceed the maximum number of pages prescribed in I - D below.

B. SEPTA Solicitation Statistics Form for DBE and Non-DBE Consultants/Subconsultants, and any Proposal submitted must comply with the requirements of this RFP as herein stated including all applicable Federal, State and Local laws, and is to be signed by an officer legally authorized to bind Proposer to an agreement (hereinafter referred to as "Agreement") and shall be submitted to the Southeastern Pennsylvania Transportation Authority (hereinafter referred to as "SEPTA") in writing, in the time and in the manner described herein.

C. 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 sections shall together exceed 25 pages in length. The narrative shall be in Microsoft word and should use the font CG Times 11 cpi for consistency. Top and bottom margins shall be set at the beginning of each section, a one-line footer shall be allowed, and page numbering shall be sequential.

II. FORM OF PROPOSAL:

The Proposal must address all items set forth in Section 7, "Scope of Services", and shall be submitted in two (2) separately bound sections, the Technical Proposal and the Cost Proposal, pursuant to the Cost Proposal Section:

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

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

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

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 judged non-responsive.

3. Proposer shall state full name of entity as it will appear on the final contract documents. A

Project organization chart identifying Proposer's manager of the Project and all other project personnel, except for drafting/CADD and clerical personnel. The Proposer’s organization chart shall identify those staff people that the Proposer considers to be “Key Personnel.”

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Resumes shall be provided identifying the qualifications and experience of the proposed manager of the Project and all key personnel. Except as specified in Paragraph 5. of the Agreement attached as Appendix 1, SEPTA will not permit a change in the manager of the Project or key personnel after award, if any, to the successful proposing firm.

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

5. Proposer shall 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. It should include in its Technical Proposal a written statement explaining how the joint venture will fulfill the requirements of the Agreement included as Appendix 1 of this RFP. 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.

6. The proposer shall provide certificates of insurance and sample policies evidencing its compliance with the Professional Liability Insurance requirements set forth in the RFP Section.

7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters – 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:

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 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 proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

8. 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

A&E 3 11/2024 include those of the Proposer, its affiliates, clients both past and present, proposed subcontractors and/or 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 contract 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 (A) above, that performance of the proposed contract can be accomplished in an impartial and objective manner.

C. In the absence of any relevant interest identified in (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 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.

9. The proposer shall submit a signed Certification Regarding Lobbying as set forth in

Appendix 5 to this Request for Proposal. See Appendix 1, Agreement, Exhibit A, Federal Transit Administration (FTA) Required Provisions for Contracts, for more information.

B. Cost Proposal: The cost of performing all of the SEPTA required scope of services must be detailed in the Cost Proposal. The Cost Proposal will be submitted to SEPTA as a separate document. The Cost Proposal shall be submitted at the same time as the Technical Proposal.

Refer to Instructions IV.A for submission requirements - Cost Proposals which exclude or restrict cost items necessary for a Proposer to perform the SEPTA required scope of services are not acceptable and may be considered by SEPTA as non-responsive to the

RFP.

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1. The Cost Proposal shall be submitted on a Contract Pricing Proposal (Cost Plus Fixed Fee Contracts) (see RFP Appendix 3) along with any other additional information required to make it complete. Separate Contract Pricing Proposals are also required for any proposed subconsultants and/or subcontractors, 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 Pricing Proposals 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 in the Contract Pricing Proposals, then justification for such variation must be included in the Cost Proposal.

3. The 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. The proposer shall provide a detailed breakdown for all projected travel expenses, materials and other direct costs.

5. Proposer shall provide the same documentation in the Cost Proposal specified in items

2, 3, 4 and 5 for each of its subconsultants/subcontractors.

6. The requirements of the Agreement included as Appendix 1 of this RFP should be carefully reviewed by 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 in Paragraph 9. The allowable cost standards will be applicable and SEPTA's determination of the allow ability of costs shall be final.

III. Responsibility of Proposer

SEPTA will only award a contract to a firm which it has determined to be responsible. The Proposer shall furnish adequate documentation to permit SEPTA to determine the responsibility of Proposer within five (5) calendar days of SEPTA’s written request. A responsible Proposer is one that meets the following standards:

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

2. 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. This contract will also be governed by the Contractor’s/Consultant’s responsibilities under 49 CFR, Part 29, regarding debarment, suspension, and other responsibility matters of any lower tier covered transactions, as applicable.

3. Affirmative Action and DBE – Is in compliance with the Common Grant Rules’ affirmative action and DOT’s Disadvantaged Business Enterprise requirements, 49 CFR, Part 26;

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4. 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;

5. 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);

6. Licensing and Taxes – Is in compliance with applicable licensing and tax laws and regulations;

7. 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);

8. Production Capability – Has, or can obtain, the necessary production, and technical equipment and facilities;

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

10. Performance Record – Is able to provide a satisfactory current and past performance record.

IV. GENERAL REQUIREMENTS:

A. SUBMISSION OF PROPOSALS: One (1) original copy of the Technical Proposal, plus one

(1) thumb drive in searchable “PDF” format and one (1) original copy of the Cost Proposal, plus one (1) thumb drive in searchable “PDF” format, each in separate envelopes (clearly marked) shall be submitted to:

Racquel Burden, Sr. Contract Administrator Procurement and Supply Chain Management Southeastern Pennsylvania Transportation Authority 1234 Market Street, 11th Floor Philadelphia, PA 19107-3780

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

SEPTA is required to collect statistics regarding all firms proposing on prime contracts and subcontracts on DOT-assisted projects in accordance with Federal Regulation 49 CFR 26.11.

Please include copies of this form (Appendix 9) for each DBE and Non-DBE with your proposal package.

C. Disadvantaged Business Enterprise (DBE) Participation Requirement

In connection with this solicitation and any resulting contract, SEPTA has established the following goals for Disadvantaged Business Enterprise (DBE) participation:

General DBE Goal: Thirteen 13% the total dollar value (Total Price)

The Proposer is required to submit a properly executed DBE participation Schedule for each DBE subconsultant identified to participate in the Contract as part of its technical proposal:

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(i) The names and addresses of DBE firms that will participate in the Contract;

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

(iii) The percentage of participation of each DBE firm participating.

Within forty-eight (48) hours from notification by SEPTA< Proposer is required to submit a Commitment/Confirmation document for each DBE subconsultant scheduled to participate. The Commitment/Confirmation document represents:

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

(ii) The DBE subconsultant’s confirmation that it is participating in the Contract as provided in the Proposer’s commitment.

(iii) If the contract goal cannot be met, the Proposer must provide evidence of Good Faith Efforts in accordance with Paragraph E. Determination of DBE Responsibility.

In accordance with 49CFR §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 the Technical Proposal.

Any questions regarding DBE Participation should be directed to SEPTA’s DBE Program Office at (215) 580-7278.

See the DBE Participation Appendix 2 for additional information.

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, Federal Transit Administration (FTA), and the Pennsylvania Department of Transportation, 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 Appendix 1 of this RFP, and the Proposers are urged to review the Agreement carefully. 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 (see RFP Section 5, "Selection 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.

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F. INSURANCE: See Section 24 of the Consultant Agreement.

G. PERFORMANCE EVALUATION: SEPTA's Procurement Manual requires the formal performance evaluation of all Consultant Agreements over $25,000. See Appendix 7.

H. SEPTA’s RFP PROTEST PROCEDURE The definitions, policies and procedures cited below are applicable to this section only.

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 more than $25,000. Proposal protests for RFP’s less than $25,000 shall be informally handled by the Assistant General Manager of Procurement & Supply Chain Management or his/her designee.

2.0 DEFINITIONS

2.1 "Interested Party" means any proposer.

2.2 "days" means business days.

2.3 “Filed” means the date of receipt by The Office of SEPTA’s Assistant General

Manager of Procurement & Supply Chain Management or his/her designee (hereinafter Assistant General Manager of 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 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-proposal protest no later than five (5) days prior to the due date of proposals by 4:30 p.m. Philadelphia prevailing time.

3.2 Pre-Award Protest is based upon alleged improprieties of a 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

A&E 8 11/2024 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 the Assistant

General Manager of Procurement & Supply Chain Management of Procurement, at the address indicated in the solicitation, and must contain the following information:

a. The name, address, and telephone number of the Protestant; and

b. Identity of the RFP (by number and description); and

c. A detailed factual statement of the grounds for protest; and

d. 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 evaluation process of the proposals until after resolution of the protest for protests filed prior to the receipt of proposals or withhold award until after resolution of the protest for protests filed after an award recommendation is announced. However, SEPTA may receive or evaluate proposals or award a contract whenever SEPTA, at its sole discretion, determines that:

a. The items or work to be procured are urgently required; or

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

c. Failure to make a 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 Assistant General Manager of 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 within the filed protest.

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When, on its face, a protest does not state a valid basis for protest or is untimely, the Assistant General Manager of Procurement & Supply Chain Management may summarily dismiss the protest without providing a detailed response.

5.4 Rebuttal to SEPTA Response

The Protestant may submit a written rebuttal to SEPTA’s response, addressed to the Assistant General Manager of 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 Assistant General Manager of 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 as specified by SEPTA’s Assistant General Manager of 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 Assistant General Manager of 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 was not previously known, or there has been an error of law, a Protestant may submit a request for reconsideration of the protest.

SEPTA’s Assistant General Manager of Procurement & Supply Chain Management will again review the protest considering all currently available information. The Assistant General Manager of Procurement & Supply Chain Management’s 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.

[END OF SECTION]

[END OF PAGE]

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SECTION 2 - METHOD OF COMPENSATION

I. 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 task order shall not exceed a set maximum amount of the individual task order price.

II. Proposer shall submit the Cost Proposal in accordance with Section 1 and 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 the 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 Paragraph 8 of the Agreement (see 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 the 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 included in Appendix 1, to which Proposer will be required to adhere.

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SECTION 3 - 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 Project Manager and key personnel. The chart(s) shall illustrate the organizational lines of communication to be established to facilitate project management and control.

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.

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SECTION 4 - RESPONSIBILITY OF OTHERS

I. SEPTA:

A. PROJECT MANAGER.

SEPTA will provide a Project manager (hereinafter referred to as "SEPTA's Project Manager") and a management team which shall provide the technical direction of the Project. The SEPTA 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.

B. CONTRACT ADMINISTRATOR.

SEPTA will also provide an administrator for the Agreement (hereinafter referred to as "SEPTA's Contract Administrator"). All changes in the services to be performed must receive the prior written authorization of SEPTA's Contract Administrator.

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 an award 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.

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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 have been placed in each category with the highest valued ones at the top of the list.

A. Professional Qualifications

Regarding the specialized experience of the Project Team, including roles and responsibilities of the individuals, has the Consultant:

1. Appointed a Project Manager (PM) who possesses the appropriate education, technical and administrative experience necessary and has managed similar work?

2. Appointed key project team members with appropriate professional qualifications, significant past experience and technical competence in key areas and/or within the organization structure?

3. Appointed Subconsultant project team members with appropriate professional qualifications, significant past experience, and technical competence as detailed in the various project tasks?

4 Commitment to assign the PM and other key project personnel to complete the work of the Contract?

B. Project Approach

Regarding the Interpretation of the Project objectives and description of the services to be provided, has the Consultant?

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

2. Established a clear and logical approach for the performance of all tasks?

3. Provided a distinct Quality Assurance/Quality Control approach for the GEC CM

Program?

4. Addressed and committed to complete all tasks listed in the RFP?

5. Clearly outlined and define the division of work tasks between the Consultant and

Subconsultants/Subcontractors, and also, if applicable, their joint venture partners?

C. Project Team & Organization

Regarding the capacity to accomplish the services in the required time considering the Project team and its organization, has the Consultant:

1. Dedicated an adequate number of staff and staffed the project in a manner to ensure efficiency and control of the work?

2. Clearly outlined and defined the division of work tasks between the consultant and the

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3. Successfully worked together on past projects with other named subconsultants.

4. Satisfactorily described the method of project control, including budget, cash flow, schedule and method of reporting on progress?

5. Demonstrated a clear and definitive commitment to achieving the Disadvantaged

Business Enterprise (DBE) Participation goal associated with this Proposal?

D. Location

Regarding the general geographic location of the Project:

1. Does the Consultant, Subconsultants, and Subcontractors must have a general knowledge of the Philadelphia Metropolitan area and SEPTA?

2. Does the Consultant have both local offices and adequate local staff to fulfill the assignments generated through this CM GEC?

E. Experience

1. Regarding past performance on other relevant projects/contract with SEPTA, has the Consultant, Subconsultants and Subcontractors successfully completed similar work?

II. SELECTION PROCESS

The SEPTA staff will review the Proposals based on the above criteria and develop a listing, in order of highest to lowest numerically ranked proposals in accordance with the Brooks Act, of the firms considered most highly qualified to perform the services. SEPTA may also request additional information as it deems necessary from any proposer.

Proposer may be required to hold discussions with the SEPTA staff. Following this technical evaluation, SEPTA will initiate negotiations, if any, with the five (5) Proposers receiving the highest technical ratings.

The goal of the negotiations will be finalizing all terms and conditions of the Agreements, including the determination of labor, overhead and profit rates. SEPTA will obtain a written best and final offer from the Proposer(s), and if it is still unacceptable, SEPTA will notify the Proposer(s) that negotiations have been terminated. SEPTA Will than initiate negotiations with the next highest technically rated Proposer(s).

This procedure shall be continued until a mutually satisfactory Agreement has been negotiated with up to five (5) firms 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.

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SECTION 6 – PROJECT BACKGROUND

PROJECT BACKGROUND

The Southeastern Pennsylvania Transportation Authority (hereinafter referred to as “SEPTA”) plans to engage up to five (5) General Engineering Consultant Construction Management and Inspection Services (GEC-CM) firms for a three (3) year period to provide various Construction Management and Inspection Services for Rail and Bus Infrastructure and Related Mass Transit Projects.

The consulting engineering firm, hereinafter referred to as the General Engineering Consultant Construction Management (GEC – CM) Services, will be engaged on a non-minimum retainer basis to provide various construction management and inspection-related services to SEPTA for projects involving every aspect of SEPTA’s operations. The services of the Consultant will be utilized on an as-needed basis for the carrying out of specific assignments. The Authority will award an Indefinite Delivery/Indefinite Quality (IDIQ). SEPTA’s Project Control will be tracking all task orders issued under the multiple contracts for this RFP.

PURPOSE

The Consultant is to provide the Southeastern Pennsylvania Transportation Authority (“SEPTA” or “Authority”) with construction management and inspection services in support of the Authority’s overall upgrade of the system.

Section 7 provides the GEC Construction Management and Inspection Services Scope of Work including the GEC administration responsibilities and an outline of the construction management and inspection services which the Consultant will be expected to perform. These are indicative of the general scope of work and professional expertise that are expected of the Consultant over the anticipated life of the Contract.

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SECTION 7 – SCOPE OF WORK

7.01 WORK AUTHORIZATION PROCESS

A. SEPTA EM&C Project Control is ultimately responsible for the administration of the General Engineering Consultant Construction Project Management, Construction Management and Inspection Services (GEC CM) contracts and for managing all Consultant activities. Each individual GEC CM Project/Task will have a SEPTA Project Manager who will be responsible for the day-to-day activities and the technical aspects of that task order/project. SEPTA’s Project Control will be tracking all task orders issued under the multiple contracts for this RFP.

B. The Consultant must be capable of a timely response to SEPTA requests for GEC CM services at all times during the term of the contract. The importance of this ability, as well as the capacity to effectively and efficiently undertake several tasks simultaneously, cannot be over emphasized.

C. Each proposed GEC CM Project/Task shall have a specific scope of work, schedule, assigned engineering personnel, and a total maximum cost established that is satisfactory to both SEPTA and the Consultant, prior to the commencement of work. The normal procedures that will be followed to initiate work on each assigned project are as follows:

1. SEPTA initiates a Request for Fee Proposal (Proposal Request) and issues it to the

Consultant. This document requests the Consultant to submit a technical and cost proposal for GEC CM services. The Proposal Request shall contain the SEPTA GEC CM Project identification number and name, the scope of services requested, identification of the SEPTA Project Manager, the required time of performance, and a list of task deliverables.

2. Within two (2) weeks after the Consultant's receipt of the Proposal Request, SEPTA and the Consultant will meet to review the task scope. When this meeting is held, SEPTA will review the scope of work for the benefit of the Consultant. The Consultant should be prepared to ask questions regarding the scope of work, raise any objections it may have with the scope and deliverables, schedule, and offer recommendations for improving the scope of work. The Consultant should have its preliminary cost estimate prepared for discussion.

3. The Consultant submits a formal proposal to SEPTA by the date specified in the Proposal Request or agreed to at the scope review meeting. Proposals must identify any work items changed by mutual agreement from the SEPTA scope of work, assigned personnel, detailed manhour breakdown by task, and cost proposal (Form 60 must be used). SEPTA reserves the right to reject personnel on any proposal.

4. If SEPTA cannot approve a proposal for any reason, SEPTA and the Consultant may schedule a negotiation meeting for the purpose of trying to arrive at a mutual agreement concerning the issue or issues responsible for SEPTA not approving the proposal as submitted. If held, these meetings will normally be scheduled no later than two (2) weeks following SEPTA's receipt of the formal proposal.

5. Upon SEPTA’s approval of the proposal, SEPTA will issue a Task Work Authorization (TWA) that will incorporate both the SEPTA scope of work and the proposal in agreement for the performance of the particular task or assignment. The Consultant is to commence work immediately upon receipt of the TWA, which will

A&E 17 be issued to the Consultant normally within one (1) calendar week of the SEPTA decision to accept the proposal. If for any reason SEPTA and the Consultant cannot reach agreement on the particulars of a proposal or the proposal is cancelled for other reasons, SEPTA will so notify the Consultant.

6. SEPTA will not pay the Consultant for preparing the TWA Proposal or for the costs incurred before written approval of the TWA.

7. Under the terms of the Agreement, the cost established in the TWA shall be the maximum cost, which shall not be exceeded unless agreed to by SEPTA prior to incurring extra costs and duly approved by SEPTA in the form of an amended Task Work Authorization issued by SEPTA’s Contract Administrator.

8. It is the objective of SEPTA to have a Task Work Authorization approved within four (4) to six (6) weeks from the issuance of the proposal request to the Consultant, dependent upon the complexity and size of the task. The Consultant will be expected to assist SEPTA in meeting this objective. Under certain circumstances, the normal four (4) to six (6) week approval schedule may be accelerated to meet a special need or emergency. Under no circumstances does a Project Manager have the authority to issue a TWA outside of the approved TWA issuance process.

9. The SEPTA Project Manager has the authority to direct the Consultant to provide services by issuing a Limited Work Authorization (LWA) or amending a TWA without first requiring a formal proposal from the Consultant, provided the initial cost of such work does not exceed $10,000.

10. A Competitive Task Request may also be initiated under the terms of this Contract.

This approach may be utilized at SEPTA's discretion for a number of reasons including the desire to compare task order pricing. A Competitive Task Request should be limited to a maximum of up to four (4) Special Services Consultants. Each Special Services Consultant must already be under contract with SEPTA under the same initial RFP Contract Solicitation. For example, a competitive task request for a General Engineering Consultant Construction Management (GEC CM) may only include GEC CM’s under contract to SEPTA under the same contractual terms and conditions (i.e. GEC CM 2025 contracts). The basis for the selection of a Competitive Special Services A/E Task Order Request is "Best Value" provided to

SEPTA.

D. The Consultant will provide multi-disciplined GEC CM services to SEPTA on a non-minimum retainer, as-needed basis. Section 7.02 (below) provides a description of the Services to be provided under this contract.

7.02 CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES

A. The Consultant Services are defined, but not limited to, the following:

1. Construction Management Task Activities, may include, but are not limited to the following:

a. Development of Inspection Service Work Plan

b. Managing Contractor Coordination Meetings

c. Managing Progress Meetings and Preparing Meeting Minutes

d. Monitoring of Material, Equipment and Specialty Items

e. Submittal of Contractor Performance Reports

f. Monitoring Coordination with Others (Utilities; Agencies; Foreign

Railroads)

g. Change Order Monitoring and Processing

h. Inspection of the Work

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i. Construction Progress Digital Photographs

j. Quality Assurance and Quality Control

k. Verifying Contractor Quality Control

l. Shop Drawing Tracking, Monitoring and Review

m. Project Information and Data Storage

n. Tracking and Monitoring of Submittals

o. Monitoring of Environmental Compliance

p. Monitoring of Contractors' Safety Program and Site Safety Compliance

q. Tracking and Processing of Warranties and Closeout Documents

r. Review of 'As-Built' Drawings

s. Operational Start-Up and Testing

t. Punch-List Inspections

u. Force Account Coordination

v. Community Relations Coordination

w. Review of Contractor CPM Schedules

x. Development of Master Schedules

y. Review of Contractor Time Impact Analyses

z. Review of Contractor Construction Claims/Requests for Equitable

Adjustments

aa. Site Specific Construction Investigations

bb. Development of Project Management Plan and Review of LEED

Certification Documentation

cc. Independent Audit of Conformed Construction Contract Drawings and

Specifications with Actual Construction.

2. Develop cost estimates in compliance with SEPTA's Construction Cost Estimating

Procedures Manual on an as-required basis.

3. Develop Constructability and Cost Confidence Reviews on an as required basis.

4. Develop Construction Schedules utilizing Critical Path Method (CPM) scheduling software detailing the construction activities to be performed by the contractor(s) for assigned tasks. This may include Master Schedules showing the interfaces among multiple projects such as third-party construction, SEPTA force account and other public or private construction projects. The Consultant may be required to update the master schedule periodically and identify any conflicts among these projects that may cause delays or other impacts.

5. Develop timely implementation plans and special schedules for assigned tasks.

6. Review and comment on contractor submittals, including product specifications, installation and phasing plans, operation and maintenance manuals, test programs and other miscellaneous documentation in a timely manner to support project schedules.

7. Develop quality assurance and test specifications and procedures as necessary.

Review contractor, manufacturer and installer developed test plans, test procedures, test programs and test reports.

8. Each of the Consultant's personnel shall maintain a daily diary for each day they perform work on the project using an approved form. The contents of the diary shall be brief, using accurate statements of progress and conditions encountered during

A&E 19 the prosecution of the work. Editorial comments are not to be incorporated in the diaries or on any written correspondence applicable to the project. Representative photographs of the progression of work and any encountered issues should be incorporated into the daily diary. A copy of the daily diary shall be available for the SEPTA Project Manager within one working day of its date. Consultants’ personnel will be responsible for entering information from their daily logs into SEPTA’s PMIS software (currently Trimble Unity Construct).

9. Building materials and methods of construction inspections per IBC, Chapter 17, Structural Tests and Special Inspections, and related. Provide field inspections on both a continuous and periodic basis, as mandated by the Code Enforcement Official and project specifications.

10. Utilization of Geotechnical Services on an as-required basis for assigned tasks.

11. Utilization of an independent testing agency for material testing and inspections on an as-required basis for assigned tasks. Areas of inspections and testing may include but are not limited to:

a. Bituminous

b. Concrete and Rebar

a. Electrical Inspection and Testing

b. Fireproofing

c. Foundations

d. Masonry

e. Paint and Coatings

f. Roofing Materials

g. Soil Testing including Compaction and other Earthwork

h. Structural Steel

i. Welding

12. Utilization of a surveyor (PLS) on an as-required basis for assigned tasks.

B. CONSTRUCTION MANAGEMENT TASK REQUIREMENTS

1. PROJECT STAFFING - The consultant will propose staff who have sufficient expertise, professional experience and specific knowledge of, but not necessarily limited to, construction management services related to SEPTA's entire multi-modal transportation system.

Task Request may require GEC CM to provide either 1) Individual Construction Management Personnel including Managers, Engineers, Inspectors and Support Staff and/or 2) Dedicated Construction Management Team to fulfill task assignments. SEPTA will retain the option to pursue either alternative for all Construction Management Services tasks under this contract.

2. PROJECT VEHICLES - Provide project vehicles for construction management staff during construction. The vehicles will be leased for the duration of the task. Each vehicle will be insured such that SEPTA staff may also operate them when necessary.

3. PROJECT EQUIPMENT/DATA STORAGE - Provide all computer systems and communications equipment and experienced IT personnel to completely set up all equipment, install and initiate all software packages, troubleshoot systems, and train all personnel on usage and capabilities of the system to maximize its effectiveness.

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The equipment shall remain the property of the consultant.

4. SOFTWARE LICENSES - Provide all necessary software licenses including Microsoft Office Suite, and Primavera Project Planner (P6) software.