EXPOSITION METRO LINE CONSTRUCTION … · SCHEDULE OF KEY EVENTS ... the Exposition Metro Line...

Phase 2 December 7, 2012

Exposition Light Rail Transit Project

Request for Qualifications No. XP8902-016

EXPOSITION METRO LINE CONSTRUCTION AUTHORITY

REQUEST FOR QUALIFICATIONS (RFQ) No. XP8902-016

CONSTRUCTION OF THE EXPOSITION LIGHT RAIL TRANSIT PROJECT PHASE 2 OPERATIONS AND MAINTENANCE FACILITY

EXPOSITION LRT PROJECT

November 28, 2012



Request for Qualifications No. XP8902-016

TABLE OF CONTENTS

Page

PART I - BACKGROUND INFORMATION ............................................................................. 3

101. INTRODUCTION ........................................................................................................ 3

102. DEFINITIONS ............................................................................................................. 4

103. ISSUING AGENCY .................................................................................................... 6

104. OVERVIEW OF PROCUREMENT .......................................................................... 7

105. CONTENTS OF RFQ/EXAMINATION OF DOCUMENTS .................................. 7

106. SUMMARY DESCRIPTION OF WORK ................................................................. 8

107. CONTRACTOR SCOPE OF WORK ....................................................................... 9

108. BASIS FOR IDENTIFICATION OF MOST QUALIFIED CANDIDATE ............. 9

109. CONTRACT TYPE ..................................................................................................... 9

PART II - INSTRUCTIONS TO CANDIDATE CONTRACTORS ....................................... 11

201. SCHEDULE OF KEY EVENTS .............................................................................. 11

202. PRE-QUALIFICATIONS CONFERENCE ............................................................ 11

203. RFP REVIEW AND MODIFICATION PROCEDURE ......................................... 12

204. PREPARATION OF SUBMITTALS ....................................................................... 12

205. FORMAT AND STRUCTURE OF SUBMITTALS ............................................... 13

206. QUALIFICATIONS SUBMITTALS ......................................................................... 13

207. REQUIRED CONTENTS OF SUBMITTALS ....................................................... 14

PACKAGE A -- BACKGROUND, FORMS, AND PASS-FAIL ITEMS .............. 15

208. PACKAGE B -- QUALIFICATIONS SUBMITTAL ................................................ 24

209. DESIGNATED CONTACTS AND COMMUNICATIONS ................................... 30

210. RFP WITHDRAWAL AND OTHER AUTHORITY RESERVATIONS ............... 30

211. OWNERSHIP OF PROPOSALS ........................................................................... 31

212. ACCEPTANCE OF QUALIFICATIONS SUBMITTALS ...................................... 31

213. CONFIDENTIALITY ................................................................................................. 31

214. WITHDRAWAL OF QUALIFICATIONS SUBMITTAL ........................................ 31

215. DISQUALIFICATION .............................................................................................. 31

216. CONFLICT OF INTEREST ..................................................................................... 31

217. IMPROPER CONDUCT .......................................................................................... 32

218. PROHIBITIONS OF LOBBYING AND CONTACTS ........................................... 32

PART III - EVALUATION PROCESS AND AWARD ........................................................... 33

301. RECEIPT OF SUBMITTALS .................................................................................. 33

302. AUTHORITY EVALUATION COMMITTEE .......................................................... 33

303. INITIAL REVIEW OF SUBMITTALS ..................................................................... 33

304. EVALUATION OF ACCEPTABLE SUBMITTALS ............................................... 33

305. EVALUATION FACTORS AND WEIGHTS .......................................................... 34

306. INVITATION FOR BIDS AND CONSTRUCTION CONTRACT AWARD ........ 37

307. NOTIFICATION OF MOST QUALIFIED LIST AND DEBRIEFING .................. 38



Request for Proposal No. XP8902-016

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PART IV - AUTHORITY PROTEST PROCEDURES........................................................... 39

401. PURPOSE ................................................................................................................. 39

402. GENERAL ................................................................................................................. 39

403. DEFINITIONS ........................................................................................................... 39

404. GROUNDS FOR PROTEST .................................................................................. 39

405. CONTENTS OF PROTEST .................................................................................... 40

406. TIMING REQUIREMENTS AND CATEGORIES OF PROTESTS ................... 41

407. REVIEW OF PROTEST BY THE AUTHORITY .................................................. 41

408. EFFECTS OF PROTEST ON PROCUREMENT ACTIONS ............................. 42

409. SUMMARY DISMISSAL OF PROTESTS ............................................................ 42

410. PROTEST DECISIONS .......................................................................................... 42

411. JUDICIAL APPEALS ............................................................................................... 43

PART V - FORMS AND CERTIFICATIONS ......................................................................... 44

FORM QSL - FORM OF QUALIFICATIONS LETTER ................................................... 44

INCUMBENCY CERTIFICATE .......................................................................................... 46

FORM OR - OWNER’S REFERENCE FORMS .............................................................. 47

FORM SQ – SAFETY QUESTIONNAIRE ........................................................................ 49

INFORMATION SHEET: FORM CCD - CAMPAIGN CONTRIBUTION DISCLOSURE........................................................................................................... 53

FORM CCD - CAMPAIGN CONTRIBUTION DISCLOSURE ....................................... 55

INFORMATION SHEET: FORM GD - GIFT DISCLOSURE ........................................ 56

FORM GD -- GIFT DISCLOSURE FORM ........................................................................ 57

EXPOSITION METRO LINE AUTHORITY BOARD MEMBERS .................................. 58

DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ........... 59

ATTACHMENTS




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PART I - BACKGROUND INFORMATION

101. INTRODUCTION

In February 2013, the Exposition Metro Line Construction Authority (Authority or Expo) will issue a solicitation for the construction of the Exposition Light Rail Transit Project Phase 2 Operations and Maintenance Facility (“O&M Facility” or “Facility”). Because this project is critical to the overall success of the operations of the Exposition Light Rail Line, and because this is a unique building type that includes unique equipment procurement and installation work, the Authority is conducting a pre-qualification of prime contractors on a qualifications basis prior to soliciting bids from firms that are found to be the Most Qualified. This Request for Qualifications (RFQ) is issued by the Authority to solicit Qualifications Submittals from interested parties to construct and equip the Exposition Light Rail Transit Project Operations and Maintenance Facility. The O&M Facility will be located on two adjacent properties; one owned by the Authority and the other by Santa Monica City College, located at the intersection of Stewart Street, the mainline right-of-way (ROW) on the north, and Exposition Boulevard on the south, in Santa Monica, California. At the time of the award of the construction contract, a land swap with Santa Monica City College, the City of Santa Monica and the Authority will be completed and both of the properties will be owned by the Authority. The facility will contain six storage tracks for 3-car train sets equaling 45 vehicles, a maintenance and repair shop and administration facility, a blow-down facility, a run-through wash plant, a double-track interior car-cleaning platform and a traction power sub-station (sub-station to be provided by LA County MTA), designed to maintain the fleet of vehicles for the entire Exposition Light Rail Line. The site will have parking for staff and visitors and paved aprons, ramps, and roadways, landscaping and perimeter security walls, fencing, and a 24/7 guarded entry. The project has been designed to achieve a Leadership in Energy and Environmental Design (LEED) rating of Gold. The Authority has decided to follow a two-step procurement process that is intended to result in award of a fixed price construction contract to the lowest bid price received from a responsive and responsible bidder. The Most Qualified entities responding to this RFQ will be identified in the first step, and then invited to submit bids for construction in the second step. As part of this process, the Authority is conducting an “industry review” of the solicitation documents, draft contract documents, and drawings and specifications. Interested Candidate Contractors were requested to submit a




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letter of interest indicating their intent to submit a response to this RFQ and their intention to participate in the industry review. Bids for the construction of the O&M Facility will only be accepted from those Candidate Contractors found to be Most Qualified to perform this work based upon the criteria in this RFQ, notified as such in writing by the Authority, and subsequently issued an invitation to bid. Therefore, it is mandatory that all Candidate Contractors who are considering submitting a bid for construction of the Facility, fully complete the pre qualification information and provide all materials requested herein, and be evaluated as “Most Qualified” by the Authority to thereby receive an Invitation for Bid. No bid will be accepted from a Contractor that has failed to comply with these requirements. Unless revised by a formal addendum to this RFQ, the last date to submit a Qualifications Submittal in response to this RFQ is 7 January 2013. Candidate Contractors are encouraged to submit prequalification packages as soon as possible, so that they may be notified of omissions of information if the Authority determines that such omissions might be remedied well in advance of the determination of the list of Most Qualified bidders. 102. DEFINITIONS

As used, in part, in this RFQ:

1. Authority or Expo. The term “Authority” or “Expo” means the Exposition Metro Line Construction Authority.

2. Contract Documents The term “Contract Documents” means the entire set of terms, conditions, requirements and directions which will collectively constitute the obligations of the Contractor in the construction of the O&M Facility.

3. Contracting Officer. The term “Contracting Officer” means the Authority staff person responsible for the administration of this RFQ. The Contracting Officer for this procurement is the individual identified in Section 206 of this RFQ.

4. Candidate Contractor. The term “Candidate Contractor” means a contracting entity that submits a Qualifications Submittal in response to this RFQ due to its desire to be awarded a Contract to construct the O&M Facility for the Authority, should it be found to be one of a small number of Most Qualified entities invited to submit bids for construction of the Facility, and should it then be the successful bidder.

5. Dispute. The term “Dispute” means a disagreement between the parties as to the merits, amount, or remedy arising out of an issue in controversy, including a disagreement regarding a claim or asserted default.




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6. Facility. The Operations & Maintenance Facility.

7. Governing Board. The term “Governing Board” means the Board of Directors of the Authority.

8. Joint Venture. The term “Joint Venture” means an entity formed by two (2) or more firms to carry out the Work, with those firms jointly and severally liable for the Joint Venture’s duties and obligation.

9. Key Personnel. The term “Key Personnel” means the Project Manager, Construction Manager, Procurement Manager, Major Equipment Installation and Commissioning Manager, Safety Manager, QA/QC Manager, or personnel performing equivalent functions. All Key Personnel identified the Qualifications Submittal shall be available for the period of performance of the Work.

10. Key Subcontractor. The term “Key Subcontractor” means (A) a subcontractor responsible for performing one (or more) of the following: (1) Trackwork/Rail: (2) Train Control; (3) Traction Power; (4) Communications; (5) Overhead Catenary System (OCS); and (6) Major Equipment supply and Installation/Testing; and (B) any other subcontractor identified by the Contractor as responsible for performing ten percent (10%) or more of the Work.

11. Major Equipment. The term “Major Equipment” means all specialized high cost rail-related specific equipment and subsystems to be procured and installed and tested by the Contractor, including, but not limited to:

a. Rail and ties, including running rail, special trackwork, switches b. OCS equipment, including poles, insulators, and all cables and

wiring c. Signal and communication equipment, including signals and

houses d. Wheel truing machine e. Vehicle washing, cleaning, and sanding equipment f. Overhead bridge cranes and vehicle lifts g. Jib cranes and other overhead equipment h. Turntables

12. Most Qualified Contractor/ Most Qualified Qualifications Submitter.

An entity submitting a Qualifications Submittal to construct the O&M Facility and found by the Authority, through the pre-qualifications process described in this RFQ, to be one of a small number of entities that demonstrates the highest level of previous relevant experience, qualified Key Personnel, and other evaluation factors described in this RFQ.




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13. O&M Facility. The term “O&M Facility” means the operations, maintenance, and storage facility to be constructed for the Exposition light rail project.

14. Qualifications Submittal. The term “Qualifications Submittal” means a document package submitted in response to this RFQ.

15. RFQ. The term “RFQ” means this Request for Qualifications Number XP8902-016.

16. SBE. A Small Business Enterprise (SBE) is a firm certified as a Small Business concern by one of the following entities (the firm must meet the specific size and related Small Business certification standards of the Certifying Agency):

a. California Department of General Services (DGS) – Procurement Divisions (PD) – Office of Small Business and Disabled Veterans Business Enterprise Services (OSDS) certified Small Businesses or Micro Businesses;

b. Los Angeles County Metropolitan Transportation Authority (Metro) certified Small Businesses; and

c. Firms certified as a Disadvantaged Business Enterprise (DBE) by a California Unified Certification Program (CUCP) certifying agency.

The Authority is a non-certifying agency; however, the Authority recognizes the SBE certifications from the above-noted certifying entities. SBE Firms listed by the Candidate Contractor with its qualification submittal must be certified prior to award of the O&M Facility Construction Contract to be eligible to be credited towards the SBE goal. SBE firms added after award of the O&M Facility Construction Contract must be certified prior to execution of their subcontract/purchase order/agreement in order to be eligible for crediting. Candidate Contractors are encouraged to contact the respective certifying entity directly to obtain detailed information certification requirements.

103. ISSUING AGENCY

The public agency issuing this RFQ is the Exposition Metro Line Construction Authority. The Authority was created pursuant to California State law, and is responsible for the design and construction of the Light Rail Transit (LRT) line from downtown Los Angeles to Culver City, referred to as Phase 1; and an LRT line from the terminus of Phase 1 in Culver City to Santa Monica, referred to as Phase 2. Phase 1 has been completed (except for final punch list items) and is in operation. The Authority entered into a contract for the design and construction of Phase 2 of the




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Exposition Project in 2011, following a competitive procurement process, and design and construction work on Phase 2 has commenced under that contract with the Skanska/Rados Joint Venture. 104. OVERVIEW OF PROCUREMENT

A. General -- The California Public Contract Code § 20101 permits public agencies to require licensed contractors that wish to bid on a specific public works project to pre-qualify. As provided in this RFQ, the Authority will conduct a comprehensive evaluation process to pre-qualify the three to five (preferably) most highly qualified and experienced entities that submit Qualifications Submittals to participate in a sealed Invitation for Bid for construction of the O&M Facility. B. The Work -- The work to be performed by the successful Contractor will include all of the civil site work, on-site utility work, building construction, equipment procurement and installation, and testing and commissioning described below in the description of the project, and more fully in the documents that are being made available for industry review and comment through the Industry Review process. The successful contractor will be required to sign a Project Labor Agreement as discussed further in this RFQ. 105. CONTENTS OF RFQ/EXAMINATION OF DOCUMENTS

A. Contents -- This RFQ sets forth the requirements governing preparation, submission, and contents of Qualifications Submittals from Candidate Contractors seeking to participate in the Invitation to Bid for the construction of the O&M Facility, and describes the process and factors under which submittals will be evaluated and the Most Qualified entities will be identified. The RFQ package includes the following:

Request for Qualifications/Instructions to Candidate Contractors, including the evaluation process, protest procedures, and required forms and certifications

B. Required Examination of Documents -- Each Candidate Contractor is responsible for fully informing itself of all relevant aspects of the Project. In submitting a Qualifications package, Candidate Contractors are representing that they have thoroughly examined this RFQ. C. Documents Furnished by The Authority – The design documents, including the drawings and specifications, as well as the draft contract and Invitation for Bid documents, are available on the Authority website www.buildexpo.org.

http://www.buildexpo.org/




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106. SUMMARY DESCRIPTION OF WORK

The work to be performed by the selected Contractor generally consists of construction of the complete O&M Facility. The Facility, located in Santa Monica, CA, is a 9.7 acre site comprised of six LRV storage tracks for 15 three-car consists (45 total LRVs), a through track, and a run-around track. Track, Signals, Switches, Train Control, Traction Power, and OCS are part of the Work. The facility includes four building elements:

A 75,000SF Main Building that includes six Service and Inspection (S&I) positions that all have lower level work areas, car floor level access, and upper level roof access work platforms. The design of the upper level work platforms incorporates full length vehicle access and a state-of-the-art access control safety system. The Main Building also includes two Component Change-out positions that have in-ground vehicle lifts, a Truck/Wheel and Tire Shop, an Electronics Shop, Motor Shop, Machine Shop, Welding Shop and Facilities Maintenance Shop. The second level of the Main Building includes administrative office and training areas for both Rail Transportation (Operations) and Rail Fleet Maintenance. The second level also includes the operator support areas, dispatch areas, and the Control Room. The position of the Control Room allows 180-degree views of the entire LRV storage yard, the Wash Building, Cleaning Platform and both yard leads. Material Handling functions are also included in the Main Building. The 5000+ square foot storage warehouse includes the most modern storage system available including multiple high density pallet stacking systems, and vertical retrieval units.

A 9,500SF Secondary Building includes a blow-down position and a fully enclosed, three-position, wheel truing facility.

A 6,000SF Train Wash Building houses a modern automated 4-brush split system LRV washer with Reverse Osmosis rinse system and 100% water collection reclamation system. The Wash Building is also designed to include a Deep Cleaning position to “hand” wash an entire LRV in a position capable of reclaiming the water used in the deep cleaning operation. The LRV wash function also utilizes captured storm water that is stored onsite in an underground storage structure. This water is also used to support other non-potable water needs around the facility.

A 4,500SF Cleaning Platform is a covered platform and includes interior vacuum systems, secure cleaning supply and cleaning cart storage, sand




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storage, and staff support facilities. The double-sided platform is accessed both from the Wash Building and from a dedicated access track. The platform can accommodate two three-car trains at once.

The site also includes parking for staff and visitors, paved access aprons, landscaping, perimeter security walls and fencing, and a guarded entry. The facility is targeted to achieve LEED Gold. A site plan of the facility is shown in Figure 1 on the next page. 107. CONTRACTOR SCOPE OF WORK

The successful Contractor will procure all equipment and construct the entire O&M Facility. Under any resultant contract the Prime Contractor will be required to self-perform a minimum of 40% of the actual construction work. In addition, this project will have a 17% Small Business Participation goal and a 30% local hire requirement. 108. BASIS FOR IDENTIFICATION OF THE MOST QUALIFIED CANDIDATE CONTRACTORS

The Most Qualified Candidate Contractors will be identified based on the criteria set forth in Section 305. The Authority, in its discretion, also may conduct interviews or discussions with one or more of the Candidate Contractors to discuss the merits and/or deficiencies of their respective Qualifications Submittals; however, the Authority is under no obligation to conduct such discussions. 109. CONTRACT TYPE

It is anticipated that the Construction Contract, if awarded, will be a firm fixed price contract.




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Figure 1. Facility Site Plan




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PART II - INSTRUCTIONS TO CANDIDATE CONTRACTORS

201. SCHEDULE OF KEY EVENTS

The schedule of key events for the procurement leading to the award of the Contract is as follows:

EVENT DATE

Issue Request for Letters of Interest November 6, 2012

Signed Letters of Interest due from Candidate Contractors November 15, 2012

Hold Industry Review Roundtable November 29, 2012

Issue RFQ to firms/teams that expressed interest December 7, 2012

Pre-Qualifications Meeting: 10:00 a.m.@ Expo Headquarters Building

December 14, 2012

Requests for addenda and clarifications due December 19, 2012

Authority deadline for issuance of clarifications and/or addenda

December 28, 2012

Qualifications Submittal due date January 7, 2013

Reserved for Interviews/Discussions, if needed January 16/17, 2013

Identify Most Qualified Candidate Contractors January 22, 2013

Recommendation for Issuance of Invitation for Bids (Authority Board)

February 6, 2013

Bids due February 27, 2013

Identify lowest responsive and responsible bidder February 28, 2013

Recommend Award (Authority Board) March 6, 2013

The Authority reserves the right to modify the above schedule in its sole discretion, with appropriate written notice to all Prospective Proposers. 202. PRE-QUALIFICATIONS CONFERENCE

The Pre-Qualifications Conference will be held on December 14, 2012, at. 10:00 a.m., Pacific Time, at Expo headquarters, located at 707 Wilshire Blvd., Ste. 3400, Los Angeles, California 90017. Attendance by interested parties is recommended, but not required.




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203. RFQ REVIEW AND MODIFICATION PROCEDURE

A. Requests -- Any request for addenda or amendments to, or clarification or modification of this RFQ must be submitted to the Authority’s Contracting Officer in writing at the address listed in Section 206. Any such request must be received by 2:00 p.m., Pacific Time, December 19, 2012. All requests must be accompanied by an identification of the prospective Candidate Contractor and a reference to this RFQ. Requests may be submitted by email to [email protected].

B. Responses -- The Contracting Officer will make a determination and provide a written response to each request made by a prospective Candidate Contractor. The written responses will be provided to all firms that expressed interest by returning their signed letters of interest to the Contracting Officer in accordance with the schedule in Section 201. The Authority reserves the right to respond via email as a written response.

C. Exchange of Information -- The Authority reserves the right to conduct general and/or one-on-one meetings with potential respondents for purposes of improving the understanding of the Authority’s requirements and addressing industry issues and concerns. Any modifications to the Authority’s requirements or to the procurement process resulting from these meetings will be set forth in written addenda issued by the Authority.

D. Addendum -- The Authority reserves the right, upon the request of a Prospective Proposer or upon its own initiative, to issue addenda to this RFQ. In any such case, a written addendum will be posted on the Authority’s website and should be downloaded by all prospective Candidate Contractors. Any clarification, amendment, or other change or addition to the RFQ will be provided in written addendum form by the Contracting Officer. The Authority is not bound by any oral interpretations, clarifications, or changes made to this RFQ by the Authority’s agents or employees. Candidate Contractors will be required to acknowledge, in the Qualifications Submittal Letter (Form QSL) accompanying their submittals, that they have received all addenda issued by the Authority.

204. PREPARATION OF SUBMITTALS

A. Acceptance of Terms Candidate Contractors understand and agree that Qualifications Submittals will constitute acknowledgement and acceptance of, and a willingness to comply with, all the terms, conditions, processes or procedures and criteria contained in this RFQ.

B. False Statements False, incomplete, or unresponsive statements in connection with a submittal, or failure to adhere to the instructions in this RFQ, may be sufficient cause for rejection of the submittal. The evaluation and determination of the




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fulfillment of this requirement will be the Authority’s responsibility and its judgment will be final.

C. Format and Content Submittals shall provide a straightforward, concise demonstration of the Proposers capability to satisfy the requirements of this RFQ. Submittals shall be in the requested format, and shall provide all pertinent information specified in Section 207 of this RFQ. Each Submittal shall be signed in ink by a duly authorized officer of the Proposer.

205. FORMAT AND STRUCTURE OF SUBMITTALS

Each Submittal shall respond fully to the requirements of this RFP, and all Proposal information shall be included in the following format:

Executive Summary. The Executive Summary shall be included as the first section of Package B, below.

Package A. Candidate Contractor Background, Forms, and Certifications Package. Package A provides basic legal, financial, and background information about the Candidate Contractor and will be reviewed on a pass-fail basis.

Package B. Qualifications/Experience/Approach Package. The Qualifications/Technical/Approach package provides information regarding the Candidate Contractor’s technical qualifications, experience, and approach to performing the Work, and will be the basis for evaluating and scoring the Submittals.

206. QUALIFICATIONS SUBMITTALS

A. Address for Submittals -- All Submittals are to the attention of:

Cheryl Johns Contracting Officer Exposition Metro Line Construction Authority 707 Wilshire Boulevard 34th Floor Los Angeles, CA 90012

B. Due Date -- Submittals must be received by the Authority no later than 11:00 a.m., Pacific Time, on January 7, 2013. Submittals will be received at the offices of the Authority at the above address and will be time-stamped upon receipt. Submittals time stamped 11:01 a.m. or later will be considered late and will not be accepted. Late Submittals will be returned unopened to the Proposer.




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C. Address of Candidate Contractor -- All Submittals submitted must include the name and address of the submitting entity and a reference to “RFQ No. XP8902-016.” No responsibility will attach to the Authority, or any official or employee thereof, for the pre-opening or, post-opening of, or the failure to open a Submittal not properly addressed and identified.

D. Specific Requirements -- Each Submittal shall be submitted on 8½” x 11” paper double sided printing with a minimum 11 point font. Submittals shall consist of one (1) unbound original and separately bound copies and with page limitations as follows:

1. Five (5) copies of Package A -- No page limitation

2. Twelve (12) copies of Package B – Candidate Contractors are strongly urged to limit their Package B submittal to approximately 40 to 50 pages, excluding the submittal’s tabs, Owners Reference Form [Tab B - 1], full resumes [Tab B - 2.4] and Form SQ [Tab B - 6.2] from the page count. Overly lengthy responses and costly submittals are strongly discouraged. The Executive Summary shall be the first section.

Contractor shall also provide all information on a disc (in a recent version of Microsoft Word) as part of the submittal.

No materials may be provided in Package A other than those specifically requested.

In the Package B submittal, an 11” x 17” sized page may only be used for the Organizational chart, and for any tables, graphics, maps, or diagrams requiring such size. Oversized pages will be counted as one page in the page count for Package B.

207. REQUIRED CONTENTS OF SUBMITTALS

Each Qualifications Submittal must include Package A, and Package B, with the following required contents:




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PACKAGE A -- BACKGROUND, FORMS, AND OTHER PASS-FAIL ITEMS

Each Candidate Contractor shall submit Package A that includes each of the materials set forth below. Package A will be reviewed on a pass-fail basis to determine if the Submittal is acceptable, as described in Section 303. The Forms and Certifications referenced are set forth in Part V of this RFQ. The Authority forms, included with this RFQ, must be used and substitute or retyped forms are not acceptable.

Tab A-1 Qualifications Submittal Letter. Each entity submitting a qualifications package shall submit a cover letter using Form QSL, which includes key affirmations and agreements on the part of the Submitter. The letter shall identify the Candidate Contractor and each of its Joint Venture members (if any) and those Key Subcontractors who already have been selected.

Tab A-2 Evidence of Good Standing and Authorized Execution. 1. If the Candidate Contractor entity is a corporation, the Proposer shall

provide evidence that it is in good standing in the State of its incorporation/organization and that it is licensed to do business in the State of California. If the entity is a partnership or Joint Venture, it shall provide this evidence for all general partners or Joint Venture members.

2. With respect to authorization to submit the qualifications package and potentially receive a subsequent Invitation to Bid and commit the winning bidder to enter into and bind the entity to the Construction Contract, if the submitting entity is a corporation, it shall provide evidence in the form of a resolution of its governing body. If the entity is a partnership or Joint Venture, it shall provide evidence in the form of a resolution by each general partner or Joint Venture member, whereby each member indicates its agreement to enter into the Joint Venture as well as the percentage participation and key roles of each member.

In addition, if the entity is a Joint Venture: (A) it shall also include a power of attorney executed by each Joint Venture member evidencing the capacity of the person signing the submittal to confirm the accuracy of the submittal on behalf of the submitting entity (and the other Joint Venture members) to the Qualifications Submittal and the Contract; and (B) each of the Joint Venture members shall also affirmatively state in the Qualifications Statement material that they will be, if awarded the Contract, jointly and severally liable for performance of all of the Contractor’s obligations under the Contract. In the case of a Joint Venture, the person with power of attorney to sign the Qualifications




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Submittal should execute the forms in Part V, except as otherwise provided in Forms CCD and GD and the Debarment, Suspension, and Other Responsibility Matters Form (which require execution by multiple parties as stated therein).

3. Each submitter must identify the individuals authorized to discuss its

submittal confidentially on its behalf with the Authority in connection with this RFQ, the Work, and the Contract.

Tab A-3 Licenses and Evidence of Entitlement to Carry Out Construction Work. 1. Each Proposer shall provide evidence of the licenses, registrations, and

credentials held by it and its team members as required to perform construction services in the State of California, including a copy of its contractor’s license.

2. Have your firm, members of the Candidate Contractor entity, or managing

officer(s)/employees had any license issued by the California Contractor’s State License Board suspended within the last five years? If the answer is yes, please provide an explanation for each instance of suspension.

3. Provide evidence of ability to provide the required insurance the form of a letter from an insurance company authorized to do business in the State of California. A summary of the required insurance follows.

Candidate Contractors shall demonstrate the ability to obtain a Contractor-Controlled Insurance Program (CCIP) that will cover all subcontractors with project- specific limits that shall include the insurance coverages set forth below and describer in greater detail in General Condition section 35.

A. Commercial General Liability Insurance

The CCIP shall include CGL coverage for Contractor and all Subcontractors of all tiers. The CCIP shall include a policy or policies of commercial general liability insurance for bodily injury, property damage, personal injury and advertising injury specifically and exclusively for the Project. Such insurance shall include, coverage for bodily injury, property damage, fire legal liability, personal injury, blanket contractual, independent contractors, premises operations, products and completed operations, broad form property damage and hazards commonly referred to as "X" (explosion), "C" (collapse) and "U" (underground) exposures, owner’s and contractor’s




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protective liability and cross liability or severability of interests. The CGL coverage shall also include a non-owned and hired automobile liability endorsement to the general liability policy. The commercial general liability insurance coverage shall have a minimum limit of $1 million combined single limit of liability for bodily injury, property damage and personal injury per occurrence, $2 million general annual aggregate and $2 million products/completed operations aggregate.

B. Workers’ Compensation and Employer’s Liability Insurance

The CCIP shall include, for Contractor and all Subcontractors of all tiers, Workers’ Compensation insurance coverage with statutory limits in conformance with the laws of the State, and employer’s liability insurance (for bodily injury or disease) with minimum limits of $1 million per accident for bodily injury by accident, $1 million per employee for bodily injury by disease, and $1 million policy limit for bodily injury by disease. C. Automobile Liability Insurance The Contractor shall provide commercial automobile liability insurance covering the ownership, maintenance or use of all owned/leased, non-owned and hired vehicles used in the performance of the Work; including loading and unloading, with limits of $5,000,000 combined single limit for bodily injury and property damage liability. D. Contractor’s Pollution Liability Insurance The CCIP shall include pollution liability insurance with a total combined limit of liability of no less than $5 million per occurrence and $5 million in the aggregate.

E. Umbrella or Excess Liability Insurance The CCIP shall include an umbrella or excess liability insurance policy with limits of not less than $20 million which will provide layered “following form” coverage for bodily injury, personal injury and property damage liability coverage at least as broad as the primary layers set forth above, including Employer’s Liability, Commercial General Liability; including Products/Completed Operations and Commercial Automobile Liability insurance. F. Professional Liability Insurance The CCIP shall include project-specific professional liability coverage with limits not less than $5 million per claim and aggregate. The professional liability coverage shall protect against negligent acts by the Contractor




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including negligent supervision, construction management, and project management. G. Builder’s Risk The CCIP shall include a policy of Builder’s Risk insurance for the Project as specified below. The Insureds shall be Builder, all Subcontractors of any tier, and the Authority H. Minimum Coverage

Coverage shall be for the replacement value thereof for "all risks" of direct physical loss or damage, with a minimum limit of liability equal to $70 million. The Builder’s Risk coverage shall also include "soft cost expense cover,” (with a sub- limit of not less than $10 million) such as the cost of project delay (including attorneys’ fees and fees and other costs associated with such damage or loss and with any Governmental Approvals). Coverage shall include flood insurance with limits not less than $25 million per occurrence. Coverage shall also include an option for the Authority to elect earthquake coverage with limits of $25 million per occurrence. Deductibles or self-insured retentions shall be no greater than 5% for the earthquake coverage (if the option is exercised) and flood coverage of the total value of each insured unit at the time of loss.

4. Provide evidence that Contractor has current workers compensation insurance as required by the Labor Code or is legally self-insured pursuant to Labor Code Section 3700.

5. In the last five years has any insurance carrier, for any form of insurance,

refused to renew the insurance policy for your firm? If so, provide a complete explanation.

6. Within the last five years has there ever been a period when your firm had

employees but was without workers' compensation insurance or state-approved self-insurance? If "yes," please explain the reason for the absence of workers' compensation insurance. If "No," please provide a statement by your current workers' compensation insurance carrier that verifies periods of workers' compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers' compensation insurance carrier verifying continuous workers' compensation insurance coverage for the period that your firm has been in the construction business.)




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Tab A-4 Contract Compliance Requirements. The submitting entities are advised that the successful Contractor will be required to comply with California Labor Code sections 227, 1021 and 1720 through 1861, together with all applicable regulations (California Code of Regulations, title 8, sections 16000 et seq.) and the Department of Fair Employment and Housing regulations (California Code of Regulations, title 2, section 8101 et seq., Contractor Nondiscrimination and Compliance), and Bidder Nondiscrimination and Compliance (2 CCR § § et seq) Bidder Nondiscrimination and Compliance (2 CCR § § et seq). Copies of the prevailing rate of per diem wages applicable to work under the Contract are on file at the Authority’s offices, and will be made available to any interested party on request. Such rates are also available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations (the “DIR”), are referenced but not printed in the general prevailing wage rates. In this Tab, submitting entities should state that they understand their obligation to comply with these requirements. Tab A-5 Information Regarding Violations, Debarments, and Related

Events. Each prime Candidate Contractor (and Joint Venture member or general partner) shall submit the information set forth below regarding past performance, activities, and projects. If the submitting entity is a corporation, the information shall be provided for that corporation; if the entity is a partnership or Joint Venture, the information shall be provided for each general partner or Joint Venture member, as applicable. The information shall cover the ten (10) year period prior to the date of the submittal, except as otherwise indicated. 1. Prior citation(s) for violation of the California Occupational Safety and Health

Act of 1973, contained in Part 1 (commencing with Section 6300) of Division 5 of the Labor Code or the Federal Occupational Safety and Health Act of 1970 (P.L. 91-596), settled or decided against the entity or member thereof.

2. Has CAL OSHA cited and assessed penalties against your firm, its

owners or the member entities for any "serious," "willful" or "repeat"

violations of its safety or health regulations in the past five years? If

"yes," describe the citations, including information about the dates of the

citations, the nature of the violation, the project on which the citation(s)

http://www.dir.ca.gov/




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was or were issued, the amount of penalty paid, if any. If the citation

was appealed to the Occupational Safety and Health Appeals Board and

a decision has been issued, state the case number and the date of the

decision.

3. Has the federal Occupational Safety and Health Administration cited and

assessed penalties against your firm, its owners or member entities in the

past five years? If "yes," describe each citation and penalty.

4. Are there any instances within the last five years where the EPA or any

Air Quality Management District or any Regional Water Quality

Control Board cited and assessed penalties against either your firm,

its owners or member entities, or the owner of a project on which your

firm was the contractor? If “yes”, describe the citations and the

penalties.

5. In the past five years has any claim against your firm, its owners or member

entities concerning your firm's work on a construction project been filed in

court or arbitration? If so, identify the claim(s) by providing the project

name, date of the claim, name of the claimant, a brief description of the

nature of the claim, the court in which the case was filed and a brief

description of the status of the claim (pending or, if resolved, a brief

description of the resolution) Information concerning any instance of

wherein the submitting entity or its owner or its member entities were

debarred, disqualified, or removed from a Federal, state, or local

government public works project. This includes “special agencies” such as

a Joint Powers Authority.

6. Are there any instances in the last five years where the submitting entity or

its owners or member entities submitted a bid on a public works project and

were found by an awarding body not to be a responsible bidder.

7. Are there any instances in the last five years where the submitting entity or

its owners or member entities been assessed and paid liquidated damages

after completion of a project under a construction contract with either a

public or private owner. If so, identify all such projects by owner, owner's

address, the date of completion of the project, amount of liquidated

damages assessed, and all other information necessary to fully explain the

assessment of liquidated damages.

8. Are there any instances where the submitting entity or its owner or member

entities defaulted on a construction contract?




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9. Are there any violations of the Contractors’ State License Law (Chapter

9, commencing with Section 700, of Division 3 of the Business and Professions Code), excluding alleged violations of Federal or state law, including the payment of wages, benefits, apprenticeship requirements, or personal income tax withholding, or of Federal Insurance Contribution Act (FICA) withholding requirements settled against the entity.

10. Provide information concerning the bankruptcy or receivership of the

submitting entity or its owner or its member entities, including information concerning any work completed by a surety. Provide information concerning all legal claims, disputes, or lawsuits arising from any construction project of the submitting entity or its owner or its member entities during the three (3) years immediately prior to the submission of the Qualifications Submittal.

The information required pursuant to this Section shall be verified under oath by the submitting entity and its member entities in the manner in which civil pleadings in civil actions are verified. Information that is not a public record pursuant to the California Public Records Act (Chapter 3.5, commencing with Section 6250, of Division 7 of Title 1 of the Government Code) shall not be open to public inspection. Candidate Contractor is responsible for ensuring that all such material is marked Confidential when it is submitted. Tab A-6 Organizational Documents. Each Submitting entity shall provide the full name and address of the prime entity and each financially responsible entity (including all general partners, Joint Venture members and other entities for whom financial statements are provided), and a copy of the articles of incorporation and bylaws, the Joint Venture agreement, partnership agreement, or equivalent organizational documents for each such entity, which documents shall be consistent with the responsibilities to be undertaken by such parties with respect to the Project. An incumbency certificate shall be provided for each such entity that is a corporation, executed by a Secretary thereof, in the form set forth on the last page of Form QSL, listing each officer with signing authority and his or her corresponding office. (The incumbency certificate should be submitted under this Tab A-6). In addition, if the submitting entity intends to have a Guarantor, the submitting entity shall provide the full name and address of its Guarantor(s). Tab A-7 Financial Condition. Each submitting entity shall submit audited financial statements reflecting the financial condition of the prime entity (if a corporation) or each general partner




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or Joint Venture member (at all tiers as applicable) providing a full and detailed presentation of the true condition as of December 31, 2011 (or more recently if available) of each such firm’s assets, liabilities, and net worth. In the event a firm’s fiscal year is reported on a basis other than calendar year, the latest annual financial report along with a current financial report (balance sheet and profit/loss statements) will be acceptable. The financial statement and related documents must set forth the financial status of the submitting entity and each firm referenced above. If the firm is a partnership or Joint Venture, individual financial statements for the most recent fiscal year must be submitted for each general partner or Joint Venture member. The submitting entity shall also disclose any material adverse financial information or condition (including bankruptcy or insolvency) regarding the entity or a firm referenced above that has arisen since the date of the latest audited financial statement. Submitters should mark as “confidential” any financial information on a privately held company for which confidential treatment is requested. If audited financial statements are not available for an entity, the submitting entity shall submit unaudited statements for such entity and audited financial statements for a parent entity. In such event, the parent entity will be required to provide a Guaranty of the obligations of the successful Contractor under the Contract. The Authority may, following review of financial statements provided by a submitter, advise the submitting entity that it must provide additional financial support as a condition to being invited to submit a bid. Tab A-8 Campaign Contribution and Gift Disclosure Forms. Each submitting entity shall submit Form CCD and Form GD with respect to campaign contributions and gifts. Separate forms shall be submitted by the submitting entity, its Joint Venture members, general partners, and identified Key Subcontractors. Tab A-9 Debarment, Suspension, and Other Responsibility Matters. Each submitting entity must submit the Debarment, Suspension, and Other Responsibility Matters Form with their Qualifications Submittal, certifying the debarment and suspension status of the submitting entity, any of its principals, and its Joint Venture members, general partners, and identified Key Subcontractor(s). Tab A-10 Bonding.




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Entities submitting qualifications packages must attach a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states that submitting entity’s current bonding capacity is sufficient for a value of up to $100 million.

Candidate Contractors must state whether your firm or any member of the Candidate Contractor Entity was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay, and state why you were required to pay a percentage rate higher than one percent.

Candidate Contractors also must state whether, during the last five years, your firm, its owners or member entities ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required. If so, indicate the date(s) when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place.




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208. PACKAGE B – QUALIFICATIONS SUBMITTAL

Interested Candidate Contractors shall submit a Qualifications Submittal which explains the qualifications and experience of the submitting entity and Key Subcontractors to perform the Work, identifies Key Personnel and their qualifications and experience, summarizes the entity’s proposed approach to successfully completing the facility, including its top-level organization structure, and provide other relevant information described below. This Package will be evaluated and scored in accordance with Part III – Evaluation Process and Award. The Qualifications Submittal shall provide the following information, with the contents and in the sequence set forth below: Tab B-1 Executive Summary

The Executive Summary, as the first section of Package B of the Qualifications Submittal, should list the following items as briefly and concisely as possible:

The legal structure of the proposed prime contractor, and the status of agreements among the prime team members (if any); evidence of the submitting entity’s capacity to satisfy the requirements of this RFQ (including the anticipated bonding requirements for the Construction Contract), and the submitting entity’s commitment to satisfying the Authority’s SBE and local hiring and Project Labor Agreement goals and requirements.

A summary in tabular or graphic form of the proposed organizational structure, identifying the prime member(s) and all Key Subcontractors identified as of the submittal due date, describing the major role of each prime member and Key Subcontractor in the project.

A summary in tabular form of the qualifications and experience of the prime member(s) and selected Key Subcontractors in performing their respective aspects of the Work, with focus on similar light rail O&M Facility projects in Los Angeles and elsewhere.

A summary in tabular form of the qualifications and experience of proposed Key Personnel on relevant maintenance facility and similar projects.

A summary list in “bullet” form of the proposed approach to key elements of the Work that are unique to light rail O&M facilities in general, and this site in particular.




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A summary list in “bullet” form of the proposed Contracting Plan for the construction work, including the percentage of construction work to be self-performed.

Tab B-2 Qualifications and Experience of the Prime Entity and Key Subcontractors.

1. Corporate Profile. Provide a profile of the Candidate Contractor, its owners

and members, and Key Subcontractors and Joint Venture members, including their overall roles on the contract, work elements proposed to be self-performed by them; the year founded; and the form of organization (corporation, partnership, sole proprietorship).

2. Relevant Qualifications and Experience of Prime Participants. Provide a

summary description of the Candidate Contractor team’s relevant qualifications and experience constructing “turnkey” maintenance facilities that included procurement and installation of Track, OCS, Major Equipment, Yard Train Control and Communications, Security, HVAC systems, etc. This should include a brief description of the team members’ experience on operations and maintenance facility projects of similar size and type, especially urban light rail maintenance facility projects.

This section should specifically identify qualifications and experience in construction of the following: (A) light rail maintenance facility projects; (B) heavy rail maintenance facility projects; and (C) other similar transportation maintenance facility projects. For each of the projects cited, indicate whether it was completed on time and within budget, and describe any particular achievements or successes in project. Identify the Owning Agency and the year(s) when the work was completed. Where possible, the projects cited should be limited to those in which the Candidate Contractor entity or entity members at the prime level have achieved substantial completion within the past five (5) years, and also should include descriptions of any such facilities that are currently under construction. For each project cited, provide the specific construction related services provided by the Candidate Contractor and its prime team members (joint venture partners). Experience gained on the cited projects by the Candidate Contractor or at least one member of a Joint Venture will be rated more highly if it was gained while having served as the Prime Contractor and if the project was a light rail maintenance facility. Also identify the key personnel who worked on the cited projects and who are identified as Key Personnel for this O&M Facility, and describe his/her specific responsibility on the cited project. If none, so state.




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Provide references for each of the projects cited. Furnish the name, title, address, email address, and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Submitters are responsible for ensuring this information is current and accurate.

3. Owners Reference Forms (Form OR) for prime participants. Members of

the Candidate Contractor team responsible for the cited projects shall fill out the first part of Form OR and deliver it to Project Owner Representatives, asking the owner representatives to complete the form and return it to the Authority on or before the Qualifications Submittal due date. The Authority requests forms from at least three different owners for each Candidate Contractor if a single entity or two forms for each member of any Joint Venture or partnership with a 30% or greater equity interest in the entity proposed for this project.

4. Key Subcontractor Experience. Candidate Contractors shall also cite relevant previous project experience compiled by their proposed Key Subcontractors in the same format as paragraph (2) above. Key Subcontractors are defined herein as being responsible for installing (and if appropriate, procuring) one (or more) of the following: (1) Trackwork/Rail; (2) Train Control; (3) Traction Power; (4) Communications; (5) Overhead Catenary System (OCS); (6) Major Equipment supply and Installation/Testing; and (7) Buildings; and (B) any other subcontractor identified by the Contractor as responsible for performing ten percent (10%) or more of the Work.

If Key Subcontractors proposed for this work have not yet been selected to

serve in these roles, submitters must provide a list from which they plan to make their final selection. Relevant previous project experience serving in the same or similar role(s) must be cited for each of those firms listed in accordance with the instructions for item (2) above, including the owner reference and contact information. While failure to provide such owner references for listed candidate Key Subcontractors will not render a submittal non-responsive, the Authority will take this factor in to account in evaluating the submittal. Please note that all Key Subcontractors identified by Candidate Contractors that are found by the Authority to be Most Qualified, must be pre-approved by the Authority prior to the submittal of bids by the prime Candidate Contractors that are invited by the Authority to submit bids

5. Owners Reference Forms (Form OR) for Key Subcontractors. Identified

Key Subcontractor members of the Candidate Contractor team responsible for the cited projects also shall fill out the first part of Form OR and deliver it




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to Project Owner Representatives, asking the owner representatives to complete the form and return it to the Authority on or before the Qualifications Submittal due date.

Tab B-3 Organization and Professional Experience of Key Personnel. 1. Project Organization. On an 11x17 foldout sheet (or 8½x11 sheet), show

the proposed project organization structure by depicting the prime contractor (or the prime joint venture); Key Subcontractors or potential subcontractors, and all other team members; and show the proposed Key Personnel. Summarize in an associated table the specific areas of responsibility of each identified firm/member and Key Personnel. Describe any experience of these team members in working together.

2. Key Personnel Qualifications and Experience. Identify the following

proposed Key Personnel: Project Manager, Construction Manager, Procurement Manager, Major Equipment Installation and Commissioning Manager, Safety Manager, QA/QC Manager , Project Superintendent and any other important position personnel already having been identified by the Candidate Contractor to perform other equivalent important functions. Provide a list and description of similar projects completed by the Key Personnel wherein they served in the same or similar role. Summarize in bullet or tabular form their education, experience, references and professional credentials (also include in the Appendix resumes of no more than three (3) pages for each person named on the organization chart).

3. Availability of Key Personnel. Include a statement that the proposed Project Manager and other Key Personnel will be available to the extent proposed for the duration of the Project, with an express acknowledgement by the Proposer that no person designated as “key” to the project shall be removed and/or replaced without the prior written concurrence of the Authority.

Tab B-4 Project Management and Coordination.

1. Summarize the Proposer’s plan for overall management of the Project including addressing the following: (a) coordination with the Expo Phase 2 mainline design-build contractor (Skanska/Rados Joint Venture); (b) construction management, including the Candidate Contractor’s concept of its construction management organization and how it will interrelate with other elements of the Candidate Contractor’s organization and with the Authority and key third parties; (c) interface management, including proposed systems integration method for managing interfaces, and a brief




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description of the major interface and systems integration tasks, including equipment testing and commissioning; (d) safety; and (e) quality assurance/quality control.

2. Describe the proposed approach to Third Party coordination and resolution of issues with Third Parties during the construction process; and describe the specific relevant experience of the Proposers in managing Third Party issues and avoiding or minimizing the impact of Third Party coordination on the Project schedule.

3 Summarize the proposed approach to the successful implementation of: (a) Small Business Enterprise participation program with a 17% goal for this project; (b) Project Labor Agreement; and (c) achieving the Authority’s goals for 30% local hire while maintaining 40% self-performance of the work.

4. Summarize the Candidate Contractor’s current workload and indicate the firm’s capability to accomplish current projects and this project with its current work force or whether the contractor plans to expand its work force for this project. Discuss how Candidate Contractor will assure the availability of its identified Key Personnel for this contract.

5. Briefly describe how project coordination will be undertaken internally within the prime contractor’s team, including how the Candidate Contractor will manage its Key Subcontractors.

6. Briefly describe how project coordination will be undertaken with the main-

line design-build contractor. 7. Include a specific discussion of Candidate Contractor’s proposed approach

for obtaining competitive pricing in the procurement of Major Equipment – and describe how the Authority specifically will benefit financially from this approach if Major Equipment suppliers are not selected until after prime contract award. If Key Subcontractors are not identified for all of the areas of key subcontracting, include them in this discussion. Any failure to discuss this important factor in specific terms likely will result in a significantly lower overall score for Tab B-4.

Tab B-5 Construction Plan and Approach to the Work.

1. Civil Work. Briefly summarize the general approach to construction of the civil work, including contractor’s understanding of applicable codes and standards. The approach should briefly address (in tabular form if possible): earthwork; grading; drainage; demolition, traffic signals, street and




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site lighting, signage and striping, and reconstruction; and relocation and maintenance of utilities.

2. Track. Submit a brief narrative discussing the Candidate Contractor’s approach for procuring and installing all elements of the track work (e.g., self-perform or subcontract), and identify any elements of the proposed approach that could reduce the cost and schedule for track work construction, while meeting all applicable specifications.

3. Buildings. Submit a brief narrative discussing any issues that qualifications submitter has identified that are specific to the construction of each building, including constructability and scheduling considerations; and identify which entity or entities will perform the work.

4. Traffic Handling. Provide a brief description of the proposed approach to traffic control. 5. Major Equipment. Provide any additional information regarding the proposed approach to procurement and award of the Major Equipment supply subcontracts. 6. Project Schedule. Provide a brief explanation of the approach to project schedule development and monitoring progress/ updating the schedule.

Tab B-6 Safety Plans and Safety Record.

Submit a brief summary of the Proposer’s Construction Safety Plan,

summarizing how the Plan will address public safety, subcontractors, and other contractors on site. In addition, the submitting entity shall submit:

1. Form SQ (Safety Questionnaire) in Part IV. 2. A statement providing the Proposer’s Workers’ Compensation

experience modification factors for the past four (4) years for each member of the Proposer’s team that will be responsible for performance on construction work should it be selected as the contractor.

Tab B-7 Community Outreach Plan and Construction Mitigation Plan.

Submit a brief summary (outline form will be acceptable) of the proposed Community Outreach Plan and a summary of the proposed Construction Mitigation Plan in accordance with the requirements of Project Scope of




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Work, General Requirements, and the FEIR. Outline the understanding and approach to effectively mitigate potential impacts to the Santa Monica community in the vicinity of the facility regarding construction activities, ensuring that the Project is implemented consistent with representations in the FEIR, including the following potential impacts:

Traffic control during construction

Maintenance of traffic and access during construction

Dust abatement

Noise control

Business impacts during construction

Property impacts during construction

Emergency and safety situations during construction

Utility relocation impacts

Hazardous materials

Claims process

208. DESIGNATED CONTACTS AND COMMUNICATIONS

A. Contact -- The designated Authority representative for all questions relating to this RFQ is Cheryl Johns, Contracting Officer, at the address set forth in Section 206A.

B. Communications -- Communications in connection with this RFQ shall be in writing and shall be delivered; by electronic mail; by facsimile; or by regular, registered, or certified mail addressed to the person named in subsection above. All communications must identify the RFQ Number.

209. RFQ WITHDRAWAL AND OTHER AUTHORITY RESERVATIONS

The Authority reserves the right to withdraw this RFQ at any time without prior notice, and makes no representations that any Contract will be awarded to any entity responding to this RFQ. The Authority expressly reserves the right to postpone Qualifications Submittal opening for its own convenience, to waive any informality or irregularity in the submittals received, and/or to reject any and all submittals received in response to this RFQ without indicating any reasons for such rejection. The Authority reserves the right to not award the Construction Contract in the event that funding for the project becomes unavailable. Additionally, in the event that the bid prices are greater than the Authority’s budget, the Authority may chose to not award a Construction Contract to any of the firms that submitted qualifications packages. Also, award of the Construction Contract is subject to final resolution of challenges to the FEIR process. Accordingly, submitters are advised that this process could result in a decision that could potentially delay the construction of the O&M Facility indefinitely.




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210. OWNERSHIP OF PROPOSALS

All documents submitted by the submitting entity in response to this RFQ shall become the property of the Authority and will not be returned to the submitting entity. 211. ACCEPTANCE OF QUALIFICATIONS SUBMITTALS

Each Qualifications Submittal shall be submitted with the understanding that it constitutes a statement of interest and detailed qualifications to perform the Work in accordance with the terms of this RFQ and the Contract Documents. 212. CONFIDENTIALITY

Subject to applicable law, the Authority will use reasonable efforts to maintain confidentiality during the pre-qualifications process.

213. WITHDRAWAL OF QUALIFICATIONS SUBMITTAL

A submitting entity may withdraw its Qualifications Submittal prior to the Authority’s identification of the Most Qualified teams without written consent of the Authority. Any costs incurred in responding to this RFQ in anticipation of receiving a Contract award are the submitting entity’s sole expense and will not be reimbursed by the Authority.

214. DISQUALIFICATION

Submitting entities may be disqualified and Qualifications Submittals may be rejected for any of (but not limited to) the following causes:

1. Lack of signature by an authorized representative.

2. Failure to properly complete the submittal.

3. Unauthorized alteration of submittal forms.

The Authority reserves the right to waive any minor informality or irregularity.

215. CONFLICT OF INTEREST

A. Description of Conflicts -- No employee, officer or agent of the Authority shall participate in the selection, or in the award or administration, of the Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when one of the following has a financial or other interest in any firm proposing on or selected for the award:

1. The employee, or an officer or agent of the employee;




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2. Any member of the employee’s immediate family;

3. The employee’s business partner; or

4. An organization, which employs, or is about to employ, any of the above.

B. Prohibition on Gratuities -- The Authority’s officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from submitting entities, subcontractors to submitting entities, or other parties to sub-agreements whereby the intent would reasonably be inferred as influencing the employee in the performance of his or her duties or was intended as a reward for any official act on his or her part.

216. IMPROPER CONDUCT

If a submitting entity, or anyone representing or acting on behalf of or at the direction of the submitting entity, offers or gives any advantage, gratuity, bonus, discount, bribe or loan of any sort to the Authority, including agents or anyone representing the Authority at any time in connection with this RFQ, the Authority shall immediately disqualify the submitting entity and may sue the entity for damages.

217. PROHIBITIONS OF LOBBYING AND CONTACTS

A. Prohibition -- No person (or entity) submitting a Qualifications Submittal in response to this RFQ, nor officer, employee, representative, agent, or consultant representing such a person (or entity) shall contact through any means or engage in any discussion concerning the award of the Contract with any Member of the Governing Board of the Authority (or his or her personal staff) during the period beginning on the date of issuance of this RFQ and ending on the date of Contract award. Any such contact will be grounds for the disqualification of the submitting entity.

B. Limitation on Contacts -- During the period beginning on the date of issuance of this RFQ and ending on the date of Contract Award, any contact with the Authority staff by a submitting entity should be limited to the pre-proposal conference under Section 202, the written clarification and addenda process described in Section 203, and any interviews held pursuant to Section 304. Any contact with Authority officials or staff other than pursuant to those established processes will be grounds for disqualification of the submitting entity.

Exposition Light Rail Transit Project – Phase 2 December 7, 2012

Request for Qualifications No.XP8902-016

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PART III - EVALUATION PROCESS AND AWARD

301. RECEIPT OF SUBMITTALS

Each Qualifications Submittal received in response to this RFQ will be placed in a secure location with access limited to specific Authority staff and representatives. All submittals will be reviewed and evaluated in accordance with this Part III.

302. AUTHORITY EVALUATION COMMITTEE

The Authority will establish an Evaluation Committee with responsibility for reviewing all submittals and conducting the reviews, evaluations, and scoring described in this Part. The Evaluation Committee shall be chaired by the Contracting Officer or his or her designee. In addition, the Evaluation Committee may, in its discretion, establish subcommittees and utilize outside experts to assist in the evaluation process.

303. INITIAL REVIEW OF SUBMITTALS

A. Acceptability Determination -- The Evaluation Committee or the Contracting Officer and her designee(s) will first review and evaluate Package A of each submittal to determine whether the submitting entity has properly provided the background information, forms, and certifications required to be included in Package A; and has provided each element of the Qualifications Submittal required to be included in Package B. Evaluation will be on a pass/fail basis. Submittals that are non-responsive to the RFQ, that otherwise do not provide the required information, or that otherwise fail to provide satisfactory contents in Package A will be considered unacceptable. Unacceptable submittals will not be subject to further review, evaluation, or scoring by the Authority. Should the Authority determine that a submittal is unacceptable based on the contents of Package A, the Authority will notify that qualifications submitter in writing, and will provide a debriefing at the submitting entity’s request.

B. Minor Irregularities -- Minor informalities, irregularities, and apparent clerical mistakes which are unrelated to the technical content of the submittal shall not be the basis for finding a submittal to be unacceptable, if corrected promptly by the submitting entity upon receipt of notification from the Authority. The Authority reserves the right to notify a submitting entity of such a minor irregularity following the initial review under this Section.

304. EVALUATION OF ACCEPTABLE SUBMITTALS

A. General -- Each submittal that is determined, pursuant to Section 303, to meet the requirements of this RFQ and to pass all pass/fail criteria will be deemed to be “Acceptable” and will then be evaluated by the Evaluation Committee in accordance with the following provisions of this Section and will be scored using the evaluation criteria and weights set forth in Section 305.



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B. Technical Qualifications Evaluation -- The Evaluation Committee will conduct an evaluation of all acceptable submittals under the criteria set forth in Section 305. The Authority intends to identify the Most Qualified Candidate Contractors through this evaluation process – those receiving the highest total evaluation scores under the criteria in Section 305 -- without interviews or discussions unless such interviews/discussions are specifically decided upon by the Authority.

C. Interviews and Discussions --The Contracting Officer and members of the Evaluation Committee may, at their discretion, conduct interviews and/or discussions with any or all submitting entities. Such interviews or discussions would normally include questions and requests for clarification by the Contracting Officer and members of the Evaluation Committee. The results of such interviews or discussions may be considered in the final evaluation and scoring of submittals under Section 305.

D. Client References -- The Evaluation Committee may contact any of a submitting entity’s client references to discuss their qualifications and past performance. The results of any such reference checks may be considered in the final evaluation and scoring of submittals under Section 305.

E. Recommendation -- Following completion of evaluation by the Evaluation Committee and the scoring of submittals in accordance with this Section, the Contracting Officer will identify the Most Qualified Candidate Contractor teams based upon the criteria set forth in Section 305. That list of teams will identify those submitting entities recommended for receipt of the Invitation for Bid, and will be submitted to the Authority’s Board of Directors to approve/disapprove issuing the Invitation for Bids to the final Most Qualified Candidate Contractors.

305. EVALUATION FACTORS AND WEIGHTS

A. General -- The Authority will, through its Evaluation Committee, evaluate and score the acceptable Submittals submitted in response to this RFQ on the basis of the factors set forth in Subsection B of this Section. This evaluation will be based on the contents of the Package B submittals, reference checks, and interviews/discussions (if any).

B. Scoring – All acceptable submittals will be evaluated by the Evaluation Committee in accordance with the stated criteria, sub-criteria, and associated weights. Sub-criteria are equally weighted.



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C. Evaluation Factors

Tabs B-1 and B-2 Executive Summary and Qualifications and Experience of the Prime Entity and Key Subcontractors (40%)

The Executive Summary will not be separately scored. It simply will be reviewed to verify that it has been provided, is complete, and is consistent with the main body of Tabs B-1 and B-2. This evaluation factor involves an evaluation of the prime entity’s and Key Subcontractors’ specific relevant experience and overall qualifications to complete the construction work. A. Experience with previous light rail and other rail and transportation

maintenance facility projects of similar size and type. i. Prime entity ii. Key Subcontractors

B. Specific experience and track record on such light rail and other

rail/transportation maintenance facility projects. i. Prime entity ii. Key Subcontractors

C. Evaluation of past performance from Form ORs. (Further reference checks

from previous clients may be taken into account in this evaluation factor). i. Prime entity ii. Key Subcontractors

Tab B-3 Organization and Professional Experience of Key Personnel (25%)

This factor involves an evaluation of the following:

A. Overall qualifications, experience, and credentials of the Project Manager, other Key Personnel, and any other proposed staff to perform management and construction of the Project, including the specific experience and performance of the proposed individuals on the cited maintenance facility projects. This may include reference checks.

B. Logic and soundness of the Project Organization structure, including an

assessment of whether the organization is appropriately structured to meet Construction Contract requirements and schedule, and whether the proposed Key Personnel are assigned to positions that best match their previous experience and education.

C. Dedication and availability of Key Personnel for the performance of the

contract.



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Tab B-4 Project Management and Coordination. (15%

This factor involves an evaluation of the following:

A. Logic and soundness of the Proposer’s overall approach to managing and completing the Work on schedule and in a cost effective manner, thereby minimizing or eliminating change orders and claims.

B. Quality and feasibility of the Proposer’s approach to Third Party issue

identification and resolution. D. Quality of the selection process and management approach for Key

Subcontractors. Identification of/ selection of identified Key Subcontractors with proven qualifications and experience in their assigned areas of work.

E. Commitments and/or opportunities for SBE firms and meaningful local

participation. F. Quality of the procurement process for the Major Equipment, including the

proposed approach for selection of suppliers with proven equipment that meets the specifications; and the proposed approach to deliver that Major Equipment and Systems at the most competitive prices.

G. Demonstrated level of experience with and approach to successfully

completing work elements that will be self-performed.

Tab B-5 Construction Plan and Approach to the Work. (10%)

A. Demonstrated experience and qualifications and tools used in effectively managing and controlling interfaces and systems integration.

B. The quality, thoroughness, and detail of the Proposer’s Construction Plan

and approach to the Work, including the extent to which the Construction Plan demonstrates an understanding of the requirements of the Project and incorporates cost-effective and creative approaches to design and construction challenges. .

Tab B-6 Safety Plans and Safety Record. (5%)



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A. The quality and logic of the proposed approach to ensuring project safety and how the proposed safety organization will be integrated into the overall project organization.

B. Demonstrated commitment to safety reflected by a favorable safety record as

substantiated in the Form SQ and the Worker’s Compensation Modifier. Describe significant aspects of the Safety Plan and the qualifications, roles and responsibilities of the Worksite Safety personnel.

Tab B-7 Community Outreach Plan and Construction Mitigation Plan. (5%)

A. Demonstrated understanding of potential impacts to the community and

approach to effectively mitigate impacts in conformance with the commitments of the FEIR.

306. INVITATION FOR BIDS AND CONSTRUCTION CONTRACT AWARD

Promptly following Board authorization of the Most Qualified List, the Authority intends to issue the Invitation for Bids for the Construction Contract to the entities on that list. At this point of the process, the Authority intends to identify the three to five Most Qualified firms/teams (approximately) and to award the Construction Contract to the responsible and responsive entity from that list that provides the lowest bid price.



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307. NOTIFICATION OF MOST QUALIFIED LIST AND DEBRIEFING

Each submitting entity that submits a qualifications package in response to this RFQ will be notified in writing of the list of Most Qualified firms/teams. Submitting entities that do not make that list will not be deemed as being as well qualified to submit bids on the Construction Contract. Such entities may obtain an explanation and/or response concerning the strengths and weaknesses of their Qualifications Submittal(s). Any such entity wishing to be debriefed must request the debriefing in writing, and the Contracting Officer must receive the request by U.S. mail or fax within three (3) working days of receiving notification as described above.

[THIS SPACE INTENTIALLY LEFT BLANK]



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PART IV - AUTHORITY PROTEST PROCEDURES

401. PURPOSE

The purpose of this Part is to set forth the procedures to be utilized by the Authority in considering and determining all protests or objections regarding this RFQ and shall supplement the procedures set forth in Authority’s Administrative Code.

402. GENERAL

In order for a protest to be considered by the Authority, it must be submitted by an interested party (as defined below) in accordance with the procedures set forth herein. A protest which is submitted by a party which is not an interested party or which is not in accordance with the procedures shall not be considered by the Authority, and will be returned to the submitting party without any further action by the Authority.

403. DEFINITIONS

For purposes of these Protest Procedures:

A. The term “submittal” includes any Qualifications Submittal submitted by a Candidate Contractor in response to this RFQ.

B. The term “Contract” means that document to be entered into between the Authority and the successful bidder.

C. The term “days” refers to normal business days of the Authority staff offices.

D. The term “interested party” for purposes of a protest submitted prior to the submittal due date means any person who is a prospective Candidate Contractor, and for purposes of a protest submitted on or after the submittal due date shall mean a party that has timely submitted a Qualifications Submittal in response to this RFQ.

E. The term “solicitation” means the RFQ.

404. GROUNDS FOR PROTEST

Any interested party may file a bid protest with the Authority on the grounds that:

A. The Authority has failed to comply with applicable law;

B. The Authority has failed to comply with its Procurement Policy Manual;



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C. The Authority has failed to comply with the terms of the solicitation in question, including the failure to adhere to the evaluation criteria set forth in the solicitation, if applicable; or

D. The Authority has issued restrictive or discriminatory specifications.

405. CONTENTS OF PROTEST

A. A protest must be filed in writing and must include:

1. The name and address of the protestor.

2. The name and number of the procurement solicitation.

3. A detailed statement of the grounds for the protest, including all relevant facts and a citation to the law, the provisions of the Authority procurement procedures, or specific term of the solicitation alleged to have been violated.

4. Any relevant supporting documentation the protesting party desires the Authority to consider in making its decision.

5. The desired relief, action, or ruling sought by the protestor.

B. Protests must be filed with:

Cheryl Johns Contracts Officer c/o Exposition Metro Line Construction Authority Board Secretary 707 Wilshire Boulevard 34th Floor Los Angeles, CA 90017

C. All protests must be received by the Authority address listed above during

normal office hours of 8:00 a.m. to 4:00 p.m., Pacific Time.

D. If any of the information required by this section is omitted or incomplete, the Authority will notify the protestor, in writing, within one day of the receipt of the protest, and the protestor will be given one day to provide the omitted or incomplete information in order for the protest to be further considered. Note that this provision only applies in the case of a failure to state any grounds for a protest and does not apply to stating inadequate grounds for a protest or the failure to submit documentation.



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406. TIMING REQUIREMENTS AND CATEGORIES OF PROTESTS

The Authority will consider the following categories of protests within the time period set forth in each category:

A. Any protest alleging improprieties in a solicitation process or in solicitation documents must be filed no later than five days prior to the scheduled Qualifications Submittal due date, in order to be considered by the Authority. Any protest based on such grounds not filed within this period will not be considered by the Authority. This category of protests includes, but is not limited to, allegation of restrictive or exclusionary specifications or conditions.

B. Any protests regarding the evaluation of submittals by the Authority, or improprieties involving the approval or proposed approval of the Most Qualified list, filed with the Authority no later than five (5) working days after publication of the written recommendation of the members of that list, which raises issues regarding the evaluation, or the approval of the evaluation, will not be considered by the Authority.

407. REVIEW OF PROTEST BY THE AUTHORITY

A. The Authority will notify the protestor within 3 days of timely receipt of a protest that the protest is being considered.

B. In the notification, the Authority will inform the protestor of any additional information required for evaluation of the protest by the Authority, and set a time deadline for submittal of such information. If the Authority requests additional information, and it is not submitted by the stated deadline, the Authority may either review the protest on the information before it, or decline to take further action on the protest.

C. In its sole discretion, the Authority may give notice of any protest to other entities submitting Qualifications Submittals for the procurement involved in the protest, as appropriate, and permit such entities to submit comments to the Authority relative to the merits of the protest. The Authority will set a time deadline for the submittal of such comments, which will be no less than 5 days after the Authority provides notification of the protest.

D. In its sole discretion, the Authority may schedule an informal conference on the merits of a protest. All interested parties will be invited to participate in the conference. Any information provided at the conference will only be considered by the Authority in deciding the protest if it is submitted to the Authority in writing within 3 days after the conference.



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408. EFFECTS OF PROTEST ON PROCUREMENT ACTIONS

A. Upon receipt of a timely protest regarding evaluation of submittals, or the approval or award of a contract, the Authority will suspend contract approval or other pending action, until the resolution of the protest.

B. Notwithstanding the pendency of a protest, the Authority reserves the right to proceed with any appropriate step or action in the procurement process or in the implementation of the Contract in the following cases:

1. Where the item to be procured is urgently required; 2. Where the Authority determines, in writing, that the protest is

vexatious or frivolous; 3. Where delivery or performance will be unduly delayed, or other undue

harm to the Authority will occur, by failure to make the award promptly; or,

4. Where the Authority determines that proceeding with the procurement

is otherwise in the public interest.

409. SUMMARY DISMISSAL OF PROTESTS

The Authority reserves the right to summarily dismiss all or any portion of a protest that raises legal or factual arguments or allegations that have been considered and adjudicated by the Authority in a previous protest by any interested party in the same solicitation or procurement action.

410. PROTEST DECISIONS

A. After review of a protest by appropriate Authority staff and/or legal counsel, a recommendation shall be made to the Chief Executive Officer of the Authority concerning the appropriate disposition of such protest.

B. The recommendation shall be made on the basis of the information provided by the protestor and other parties, the results of any conferences, and the Authority’s own investigation and analysis.

C. The decision of the Chief Executive Officer of the Authority shall be in writing and shall be the final binding agency action. Except in exceptional circumstances, the decision of the Chief Executive Officer of the Authority will be issued within 30 days after the date all relevant information is submitted according to the dealings set forth in these procedures.



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D. If the protest is upheld, the Authority will take appropriate action to correct the procurement process and protect the rights of the protestor, including re-solicitation, revised evaluation of submittals or the Authority’s determination, or termination of the Contract.

E. If the protest is denied, the Authority will lift any suspension imposed and proceed with the appropriate stage of the procurement process or the Contract.

411. JUDICIAL APPEALS

A protestor adversely affected by a protest decision may appeal such decision to an appropriate court of the State of California.



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PART V - FORMS AND CERTIFICATIONS

FORM QSL - FORM OF QUALIFICATIONS SUBMITTAL LETTER

[This form includes bracketed language providing information regarding how to fill in blanks or containing language that must be included in the final Qualifications Submittal Letter if the submitting entity is a joint venture. All brackets should be removed before signing the final Submittal letter.] To: Exposition Metro Line Construction Authority Re: RFQ No.XP8902-016 (the “RFQ”) 1. Having inspected the RFQ Documents and all other information issued by the

Exposition Metro Line Construction Authority (the “Authority”) in connection with the Project which is described or listed in the RFQ Documents, we [jointly and severally] express our interest and submit our qualifications to execute the Project in accordance with the RFQ Documents, this Qualifications Submittal Letter, and the Contract Documents. Initially capitalized terms used in this letter and the Contract Documents shall have the meanings set forth in the RFQ and the Contract.

2. The Qualifications Submittal entity is a ___________________ [identify form of

organization, and identify all equity participants in the entity]. In consideration for the Authority supplying us, at our request, with the RFQ Documents and agreeing to examine and consider this Submittal, we undertake [jointly and severally] to keep this Submittal open for acceptance for 180 days after the Submittal due date without unilaterally varying or amending its terms and, if the Proposer is a partnership or Joint Venture, without any member or partner withdrawing or being added to the submitting entity or any other change being made in the composition of the entity on whose behalf this Qualifications Submittal is submitted, unless agreed to in writing by the Authority.

3. We affirm and agree if this Submittal is accepted for evaluation, to submit a bid for

construction in response to the Invitation for Bid unless the submitting entity informs the Authority in writing of its intention to withdraw from the procurement process prior to the scheduled date of identification of the Most Qualified list. We acknowledge that any submitting entity failing to make this commitment will receive a lower score in the evaluation of its submittal.

4. We affirm and agree if this submittal is accepted for evaluation to commit to achieving a level of participation equal to or greater than the SBE 17% participation goal and the 30% local hire goal established for this project.



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5. We understand that the Authority is not bound to accept any submittal the Authority may receive.

6. We further understand that all costs and expenses incurred by us in preparing this

submittal and participating in this RFQ process will be borne solely by us. 7. We agree that this submittal shall be governed by and construed in all respects

according to the laws of the State of California. 8. The submitting entity acknowledges receipt of the following Addenda (identify by number

and date):

No. Date ______ ________________ ______ ________________ ______ ________________ [Insert the submitting entity’s name] By: ____________________________ Print Name: _____________________ Title: __________________________



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INCUMBENCY CERTIFICATE

[to be submitted with Form QSL with respect to the signatories thereto, and to be submitted in Tab A-6 with the organizational documents of each entity as specified in the RFQ]

The undersigned hereby certifies to ___________________ that he/she is the duly elected and acting _____________ Secretary of _______________ (“Company”), and that, as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named below are the duly elected, qualified and acting officers of the Company, holding on the date hereof the offices set forth opposite their names.

NAMES OFFICE _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________

_______________ _______________ _______________ _______________ _______________ _______________

IN WITNESS WHERE OF, the undersigned has executed this Incumbency

Certificate this _____ day of __________,2012.

_________________________

______________Secretary



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FORM OR - OWNER’S REFERENCE FORMS

PERFORMANCE QUESTIONNAIRE Your assistance is requested in support of a source selection.

Please complete this Questionnaire and mail or send by facsimile or via e-mail to:

Exposition Metro Line Desired Response Date: January 7, 2013

Construction Authority

707 Wilshire Blvd. 34th

Floor

Los Angeles, CA 90017

Attn: Ms. Cheryl Johns

FAX 213-243-5553

E-mail [email protected]

_____________________________________________________________________________________

Information on this form is source selection sensitive information & shall be protected accordingly.

TO BE COMPLETED BY PROPOSER

1. CONTRACTOR NAME AND ADDRESS

2. CONTRACT NO:

____________________________________________

3. CONTRACT INITIATION DATE:

____________________________________________

4. COMPLETION DATE:

____________________________________________

5. CONTRACT VALUE (with options):

$___________________________________________

6. TYPE OF CONTRACT:

7. TITLE AND DESCRIPTION OF CONTACT REQUIREMENTS:

[Please add continuation page if additional space is needed]



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TO BE COMPLETED BY EVALUATING ORGANIZATION REPRESENTATIVES

8. EVALUATION

Evaluator’s Name: ______________________________________________________________

Position: ______________________________________________________________________

Organization: __________________________________________________________________

Phone Number: ________________________________________________________________

Months Performance Monitored by Evaluator: __________________

Please circle the response code for each topic: (A-H) that best reflects your experience with this contractor:

EX = Exceptional

VG = Very Good

S = Satisfactory

MG = Marginal

US = Unsatisfactory

N/O = Not Observed

A. Quality of Products and Services – Assess the contractor’s conformance to contract requirements, specifications, and standards of

good workmanship (e.g., technical, professional, environmental, or safety and health standards)

EX VG S MG US N/O

B. Performance – Assess the contractor’s performance of technical requirements.

EX VG S MG US N/O

C. Schedule – Assess the timeliness of contractor against the schedule of activities.

EX VG S MG US N/O

D. Claims – assess the contractor in terms of requesting additional compensation/time extensions only where clearly justified.

EX VG S MG US N/O

E. Forward pricing – Assess the contractor’s provision of reasonable estimates for additional work or delay damages (whether due to

an owner-directed change or some other event)

EX VG S MG US N/O

F. Resolving Issues – Assess the contractor’s cooperation and innovation in resolving problems and disputes.

EX VG S MG US N/O

G. Customer Satisfaction – Assess the contractor’s responsiveness to customer concerns and user friendliness.

EX VG S MG US N/O

H. Overall Assessment

EX VG S MG US N/O

If any Award Fee contract, what was the average Award Fee %?



49

FORM SQ – SAFETY QUESTIONNAIRE

Note: Position titles on this form may be modified to fit the submitting entity’s organizational structure. Submitting Entity’s Name: _______________________________________________ Note: If any of the requested information is not available, attach statement explaining why information cannot be provided and describing safety record for the requested periods.



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1. Indicate the Safety Record on the last project to which the indicated Key Personnel were

assigned:

Position

and

Name

Total hours

worked by

all

Employees

on Project

No. of

lost

workday

cases on

the

Project

No. of

restricted

workday

cases on

the

Project

No. of

cases

with

medical

attention

on the

Project

No. of

fatalities

on the

Project

Project Name

and

Owner/Client

Owner

contact

name

and

phone

number



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2. Provide the following information for the last five years for the Proposer and each Joint Venture

member and Key Subcontractors that will perform construction work on the Project:

Name of Firm:

Item 2007 2008 2009 2010 2011

Employee hours worked (do not include

non-work time, even though paid)

Number of lost workday cases

Number of restricted workday cases

Number of cases with medical attention

only

Number of fatalities

Name of Firm:

Item 2007 2008 2009 2010 2011






only


Name of Firm:

Item 2007 2008 2009 2010 2011






only




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Name of Firm:

Item 2007 2008 2009 2010 2011






only


Name of Firm:

Item 2007 2008 2009 2010 2011






only


Name of Firm:

Item 2007 2008 2009 2010 2011






only




53

INFORMATION SHEET: FORM CCD - CAMPAIGN CONTRIBUTION DISCLOSURE

Note: Separate forms shall be submitted by submitting entity, each general partner or Joint

Venture member of the submitting entity, each Guarantor and all named Key

Subcontractors. This form should be submitted with the submittal on the submittal due date.

The forms submitted do not need to include the information sheet, just Form CCD itself.

Information Sheet

Each person submitting a statement of qualifications, Proposal or bid to enter into a contract

with the Exposition Metro Line Construction Authority, each of its general partners or Joint Venture

members, each Guarantor, and each person identified as a Subcontractor or potential Subcontractor

in the Proposal must complete the attached Campaign Contribution Disclosure Form.

Important Notice

The basic provisions of Government Code Section 84308 and Public Utilities Code

Section 132610 as applicable to contractors, prospective contractors and subcontractors are as

follows:

I. If you are a contractor, a prospective contractor, a general partner or Joint

Venture member, Guarantor or Subcontractor of a contractor or prospective

contractor, or a key Subcontractor, you are prohibited from making a campaign

contribution of more than $250 to any Board Member or his or her alternate or other

Authority officer. This prohibition begins on the date the Authority releases

documents requesting statements of qualifications (“RFQ”), requests for Proposals

(“RFP”) or invitations for bid (“IFB”) and ends three months after the Board of

Directors awards the contract. In addition, no Board Member or alternate or

Authority officer may solicit or accept a campaign contribution of more than $250

from you during this period. For the selected Contractors, this prohibition will extend

until three months after the Stage B Design Build Contract is awarded

II. These prohibitions also apply to your agents, and, if you are a closely held

corporation, to your majority shareholder as well. Also included are parent

companies and subsidiary companies directed and controlled by you, and political

action committees directed and controlled by you.

III. Each of you must file the attached disclosure form and disclose whether you

or your agent(s) have in the aggregate contributed more than $250 to any Board

Member or his or her alternate or any other Authority officer during the 24 month

period preceding the release of the RFP or IFB.

IV. To determine whether a campaign contribution of more than $250 has been

made by you, campaign contributions made by you within the preceding 24 months



54

must be aggregated with those made by your agent within the preceding 24 months.

Contributions made by your majority shareholder (if a closely held corporation),

your subcontractor(s), your joint venture members, and your partner(s) in the

proceeding must also be included as part of the aggregation. Campaign contributions

made to different Members of the Board of Directors or their alternates or different

Authority officers are not aggregated.

V. If you, your agent, general partners, joint venture members, Guarantors and

key Subcontractors have in the aggregate contributed more than $250 to any

individual Board Member or his/or her alternate or other Authority officer during the

24 months preceding the release of the RFP or IFB, that Board Member or alternate

or other Authority officer must disqualify himself or herself from the decision.

However, disqualification is not required if the Board Member or alternate or other

Authority officer returns the campaign contribution within 30 days from the time the

recipient knows, or should have known, about both the contribution and the fact that

you have indicated a desire to enter into a contract with the Authority.

VI. The Campaign Disclosure Form should be completed and filed with your

Proposal or bid, or with the first written document you file or submit after the

proceeding commences

A list of the Board Members and alternates and other Authority officers is attached.

This notice summarizes the major requirements of Government Code Section 84308

of the Political Reform Act, 2 Cal. Adm. Code Sections 18438.8 and Public Utilities Code

Section 132410. You should consult these statutes and regulations for specific information.



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FORM CCD - CAMPAIGN CONTRIBUTION DISCLOSURE

Name of Entity:

Address of Entity:

Contract Title:

No contributions have been made in the preceding 24 months.

The following campaign contributions have been made in the preceding 24 months:

Board Member(s), Board Alternate(s) or Authority officer(s) to whom campaign contributions were

made and dates of contribution(s) in the preceding 24 months:

Name of Recipient of Contribution:

Name of Contributor (if other than Party):

Date(s):

Amount(s):



Date(s):

Amount(s):



Date(s):

Amount(s):

[Add additional sheets as necessary.]

Date:

Signature of Party and/or Agent



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INFORMATION SHEET: FORM GD - GIFT DISCLOSURE

Note: Separate forms shall be submitted by submitting entity, each general partner or Joint Venture

Member of each Guarantor, and each named Key Subcontractors. This form should be submitted

with the submittal on the Qualifications Submittal due date. The forms submitted do not need to

include the information sheet, just the Disclosure Form itself.

Information Sheet

The attached Gift Disclosure Form must be completed by submitting entity, each of

its general partners or Joint Venture members, each Guarantor, and each person identified as a

Subcontractor or potential Subcontractor in the Qualifications Submittal.

Important Notice

Basic Provisions of Government Code Section 87100 and Public Utilities Code

Section 132610:

I. Board members and their alternates and all Authority employees (“employees”) are

prohibited from accepting gifts valued at more than $10 from contractors,

subcontractors, the general partners or Joint Venture members of contractors.

II. All contractors, general partners and Joint Venture members of all contractors,

potential contractors and subcontractors with the Authority must file the attached

disclosure form and disclose whether they have in the aggregate contributed $10 or

more to any Board member or his or her alternate or any employee during the 12

month period preceding the date of submission of a response to a request for

statements of qualifications, request for Proposals or invitation for bid.

III. Board members and alternates must disqualify themselves from decisions to award a

contract which will have a material financial effect on a donor of a gift of more than

$10 in the preceding 12 months.

IV. A list of Board Members and their alternatives and Authority employees is attached.

V. The Gift Disclosure Form should be completed and filed with each response to a

request for a statement of qualifications, request for Proposals or invitation to bid.

VI. This form summarizes the provisions of Government Code Section 87100 and Public

Utilities Code Section 132610. You should consult these statutes for more specific

information.



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FORM GD -- GIFT DISCLOSURE FORM

No gifts have been made in the preceding 12 months.

The following gifts have been made in the preceding 12 months:

Donor’s Name:

Donor’s Address:

Proposed or Current Contract:

Board Member(s) or Alternate(s), or staff member to whom you and/or your agent made gifts in

excess of $10 in the prior 12 months.

Name of Recipient:

Date(s):

Amount(s):

Name of Person Making Gift (if other than Party):

Donor’s Name:

Donor’s Address:

Proposed or Current Contract:

Board Member(s) or Alternate(s), or staff member to whom you and/or your agent made gifts in

excess of $10 in the prior 12 months.

Name of Recipient:

Date(s):

Amount(s):

Name of Person Making Gift (if other than Party):

[Attach additional forms if necessary.]

Date:

Name of Entity



58

EXPOSITION METRO LINE AUTHORITY BOARD MEMBERS

Director/Alternate

Zev Yaroslavsky, Chair, L.A. County Supervisor – Third District

Vivian Rescalvo (Alternate)

Pam O’Connor, Vice Chair,,City Council City of Santa Monica

Gleam Davis (Alternate)

Micháel O’Leary, Council Member City of Culver City

Megan Sahli-Wells (Alternate)

Paul Koretz, Council Member City of Los Angeles, 5th District

Bernard C. Parks (Alternate)

Bill Ronsendahl, Council Member City of Los Angeles, 11th District

Mike Bonnin (Alternate)

Mark Ridley-Thomas L.A County Supervisor – Second District

Dan Rosenfeld (Alternate)

Herb Wesson, Jr., L.A. City Council President – 10th District

Andrew Westall (Alternate)

Arthur Leahy Metro CEO, Ex Officio Member

AUTHORITY OFFICERS

Richard D. Thorpe, CEO

Samantha Bricker, COO

Eric Olson, CPO



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DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

1. The submitting entity certifies to the best of its knowledge and belief, that it and its

principals, Joint Venture members, general partners, and Key Subcontractors :

a. Are not presently debarred, suspended, proposed, for debarment, declared

ineligible, or voluntarily excluded from covered transactions by any Federal

department or agency,

b. Have not within three-year period preceding this Qualifications Submittal been

convicted of or have civil judgment rendered against them for commission of fraud

or a criminal offense in connection with obtaining, attempting to obtain, or

performing a public (Federal, state, or local) transaction or contact under a public

transaction, violation of Federal or state antitrust statutes, or commission of

embezzlements, theft, forgery, bribery, falsification, or destruction of records,

making false statements, or receiving stolen property;

c. Are not presently indicted for or otherwise criminally or civilly charged by a

governmental entity (Federal, state, or local) with commission of any of the

offenses listed in paragraph 1b of this certification; and

d. Have not within a three year period preceding this certification had one or more

public transactions (Federal, state, or local) terminated for cause or default.

2. The submitting entity also certifies that if, later it becomes aware of any information

contradicting the statements of paragraphs 1(a) through 1(d) above, it will promptly provide that

information to the Authority.

3. If the submitting entity is unable to certify the statements within paragraphs (1) and (2)

above, it shall provide a written explanation to the Authority.

_______________________ _________________________ Name Title ________________________ Authorized Signature

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