Southeast Rail Extension Pre-Proposal Briefing. March 25, 2015

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1 Southeast Rail Extension Pre-Proposal Briefing March 25, 2015

2 Technical/Scope Andy Mutz RTD Southeast Project Manager 2

3 Southeast Rail Extension Extends Southeast Light Rail 2.3 miles from Lincoln Avenue to RidgeGate Parkway Three new stations: Station at Sky Ridge Medical Center Station at Lone Tree City Center New end-of line station at RidgeGate with a 1,300 space Park-n-Ride facility 3

4 Goals for Southeast Maximize scope and improvements within or below the project budget. Minimize operating and life cycle maintenance costs by providing a quality product. Maximizing future train operations/flexibility and station functionality. Minimize inconvenience to the public 4

5 Goals for Southeast Maximize safety of workers and traveling public Maximize engagement of local workers, businesses and communities in the development, construction and sustainability of improvements Meet environmental mitigation commitments 5

6 RFP Scope Design/build Lincoln Station to south of RidgeGate Parkway Includes Environmental Assessment (EA) FONSI project limits only Award based on best value with experience, creativity and innovation. 6

7 Civil Elements Civil Works (grading, drainage, utilities, roadway, traffic) Bridges and Structures Stations Right-of-way RTD Responsibility 7

8 Systems Elements Train Control System Communications and Control System Traction Electrification System System-wide Electrical Systems Integration 8

9 IGA s and Technical Agreements IGA with City of Lone Tree IGA with CDOT Agreement with Parker Water 9

10 Technical Scoring Criteria ITP Section 7 Ø Technical Innovation/Creativity 10 pts. Think out of the box, not business as usual Experience, creativity, expertise, innovation in exceeding RFP goals Deliver innovative solutions Ø Technical Approach 20 pts. Benefit of the technical solutions offered Approach to systems integration during design and construction Benefit of Alternative Technical Concepts Approach for delivering infrastructure that is fully accessible to all patrons Approach to mitigate environmental impacts Approach for delivering systems and components that will be reliable and maintainable 10

11 Parking End of Line Station at Ridge Gate 1,300 spaces are required Parking station is anticipated to be 4 levels and accommodate roughly 1,225 of the 1,300 spaces Parking structure will require fire suppression with a water supply 11

12 Contracts John Dawson RTD Purchasing Agent

13 RFP Schedule Advertised RFP February 27, 2015 Proposers/Stakeholders Questions and Comments due April 14 Issue Addendum with Response to Questions and Comments April 28 Proposals Due May 15,

14 RFP Schedule Evaluation Committee presents recommendation to GM Mid-June 2015 GM/Staff recommendation to the FasTracks Monitoring Committee August 11, 2015 Board Approval/Notice of Award August 18, 2015 Notice to Proceed Phase 1 (design) Anticipated Sept. 01, 2015 NTP Phase 2 (Construction) Anticipated March

15 Scoring Weights Design/Build Cost Proposal 45 pts Technical Innovation/Creativity 15 pts Technical Approach 20 pts Management/Organization/Experience/Approach 10 pts DBE/SBE/WIN Approach 10 pts 15 Maximum Points Available 100

16 RFP Components Volume I Volume II Instructions to Proposers Design/Build Contract Volume III Criteria Volume IV Reference Data 16

17 Attachments to Volume II 1. Schedule of Values 2. Scope of Work, ROW Availability, Interfaces and Restrictions 3. Project and Construction Management 4. Design and Construction Requirements 5. Environmental Conditions Compliance and Management Requirements 6. ROW Requirements 7. FTA Terms 17

18 Attachments to Volume II 8. Contract Data Requirements 9. RTD Permits 10. Insurance and Bonds 11. DBE/SBE/WIN Program Requirements 12. Third Party Projects 13. Claims and Disputes Dispute Resolution Procedure 14. Utilities 18

19 Legal James Stadler RTD Legal Counsel 19

20 Proposal Requirements Davis-Bacon Wage Rates apply Buy America Requirements apply Forms Bid Form/Cost Summary/Schedule of Values Federal Forms as listed in the ITP DBE Enclosures EEO OFC Requirements 20

21 Proposal Requirements NTP 1 (Design) Technical and Cost Proposal REQUIRED NTP 2 (Construction) Technical and Cost Proposal REQUIRED 21

22 Proposal Specifics NTP Dates NTP 1 (design) September 1, 2015 NTP 2 (construction) upon award of FFGA from FTA Responsive and Responsible Proposal must be Responsive to the RFP and viable Stipend Max of $100K to unsuccessful Proposers ($200K divided among 3 unsuccessful teams) Owner Controlled Insurance Plan (OCIP) Performance and Payment Bonds Sub-Contractor Performance Self-Insurance Program (SPSP) All Sub Contracts of $1 million or less 22

23 Civil Rights Requirements Zamy Silva Senior Manager, Civil Rights Division Martell Dyles WIN Program Manager 23

24 Philosophy/approach RTD s policy is to ensure nondiscrimination in the award and administration of the District s construction and professional service contracts, and in the procurement of common goods and services The Southeast Rail Extension Project will contain federal funds and therefore DBE goals and WIN participation goals have been assigned to this project Additionally, RTD strongly encourages Proposers to utilize SBEs where practical to ensure the full participation of small businesses from the Denver Metropolitan area 24

25 Southeast DBE Goals Design Phase Goal: 20% Identify 100% of your Design Phase Participation in your Proposal and on your Schedule of Participation (Enclosure #2) Based on the total $ value to be expended during the Design Phase. Proposers are to identify the DBE Participation, the DBE firms, their respective scopes of work, associated dollar values, start and completion dates for all DBEs to be utilized during the initial one (1) year period of the project on the Schedule of Participation. Enclosure #2 Compliance will be evaluated against your schedule of values for the Design Phase The DBE participation goals apply to the overall contract value including all change orders, modifications and contract amendments 25

26 Southeast DBE Goals Construction Phase Goal: 24% Proposers are to submit a comprehensive detailed DBE Plan & Program covering both the Design and Construction Phases of the Project 26

27 Southeast DBE Plan & Program Proposers are to submit a comprehensive detailed DBE Plan & Program covering both the Design and Construction Phases of the Project DBE Plan & Program is not the same as Enclosure #2 Schedule of DBE Participation The DBE Plan is the Proposer s written narrative of the proposers approach and strategy to the overall administration of their DBE Program (including the expectations of lower tier contractors) The DBE Plan & Program is subject to RTD approval and must comply with federal regulation 49 CFR Part 26 requirements DBE Plan must be updated on an annual basis and should, at a minimum, always cover a two (2) year period 27

28 28 Southeast DBE Plan & Program The Plan at a minimum should include: A Policy Statement Commitment to meeting or exceeding the DBE Goals Organizational Chart-setting forth the Proposer s organizational structure and clearly show where the DBE Liaison Officer is located Describe DBE Liaison Officer s qualifications, experience, role, responsibilities, support staff, reporting, liaison relationship with RTD SBO, etc. Define Proposer s DBE participation to date and subtrade areas for future participation Discuss Proposer s solicitation & outreach process/ documentation Identify any supportive services or technical assistance to be provided to DBEs

29 Southeast DBE Plan & Program The Plan at a minimum should also: Describe the prompt payment and release of retainage provisions and ensure compliance with RTD requirements regardless of tier Describe Proposer s understanding and compliance with the removal, replacement, substitution and termination of DBEs and overall compliance with 49 CFR Part (f) Describe monthly reporting relationship with RTD s SBO and compliance with overall reporting requirements Describe Proposer s Internal Orientation process for DBEs and lower tier subcontractors Define Proposer s Good Faith Efforts requirements and evaluation criteria for post award solicitation process Describe how Proposer intends to comply with RTD MOU Stakeholder requirements Identify the DBE Plan & Program Annual Update Process 29

30 Overall Subcontracting Plan Proposers must: Submit their overall subcontracting process and program, understanding that Proposers are not required to submit 100% of the DBE participation with their proposals and DBE participation is being phased in annually Describe how DBE participation will be solicited and incorporated into the Proposer s overall procurement process Promote a level playing field and non-discrimination, providing an open and transparent process Identify how the DBE Liaison Officer will be incorporated into the procurement process Incorporate mandatory federal non-discrimination clauses into each subcontract regardless of the tier (may not be a reference to another document) Not include a termination for convenience provision in any subcontract agreements, regardless of the tier, as this is inconsistent with federal regulations Submit to SBO a copy of all subcontract agreements, PO s, Change Orders, modifications for DBEs regardless of the tier Retain all GFE documentation and make it available for RTD s SBO upon request 30

31 31 Good Faith Effort Requirements Proposers are required to meet or exceed the DBE participation goals assigned to the NM Project or submit satisfactory documentation of good faith efforts with their proposal. Proposers must disclose with their initial proposal submission their determination that they are unable to meet the DBE participation goal for either phase. Attachment 11 and Appendix A to 49 CFR Part 26 contain the GFE criteria that must be followed by all proposers and that will be used to evaluate a proposer s documentation of GFEs. RTD will evaluate the substance of each Proposers efforts rather than the form of efforts. An additional important element of the GFE process is that Proposers are to notify the RTD SBO if they are unable to identify or require assistance in the identification of DBEs for a specific area or trade. Therefore, if a Proposer is having difficulty in meeting the DBE participation goals, RTD should not be finding this out for the first time when proposals are submitted. A recommendation of award of the contract will be made for the Proposer(s) that meet the DBE participation goals or that submit satisfactory documentation of GFEs. RTD has a reconsideration process in place if a Proposer is the highest ranked proposer and fails to meet the DBE participation goal(s) and they contend that they should still be awarded the contract.

32 Joint Venture Compliance Requirements Joint Ventures with DBEs are encouraged. However, a copy of the joint venture agreement must be submitted to RTD s SBO to determine the approved amount of DBE participation credit The role, responsibilities and scope of work of the DBE participant must be clearly defined and specified in the joint venture agreement The joint venture agreement cannot merely state that the DBE is responsible for XX% of the joint venture. If so zero percent DBE credit will be approved by RTD RTD will count toward its DBE goal a portion of the total dollar value of a contract with a joint venture equal to the distinct, clearly defined portion of the work of the contract that the DBE performs with its own forces toward the DBE goal(s) The DBE participant must be certified to provide the services they will be responsible for in the joint venture relationship All joint venture relationships will be audited by RTD SBO 32

33 Other Compliance Matters All DBE contractors/consultants/suppliers will be required to participate in the RTD DBE/SBE Orientation Program before they begin working on an RTD contract The post award Form E-2 submission, Monthly Report of Payments Received, does not get submitted to the prime contractor regardless of the tier The Form E-2 is submitted directly to RTD! All DBEs must be certified in the specific NAICS code for the subtrade area or scope of work they are seeking to perform or provide services in before the subcontract is to be awarded Copies of all DBE subcontracts, purchase orders, change orders or modifications must be submitted to RTD s SBO! 33

34 Other Compliance Matters The Contractor and its DBE Liaison Officer must be prepared to meet with RTD s SBO on a monthly basis to discuss overall compliance with the DBE Program requirements and any issues or concerns of DBE/SBEs There will be compliance reviews and commercially useful function reviews over the life of the project. All contractors and consultants must cooperate DBEs, regardless of their tier, must be paid within 30 days of submission of an invoice for any undisputed amounts. Any disputed amounts must be disclosed within 10 days of receipt of an invoice from a DBE Retainage must be released within 30 days of RTD approval 34

35 Other Compliance Matters Joint checks are permissible and can be used as a supportive services/business development initiative for DBEs so long as the requirements are satisfied Joint check use requires pre-approval by RTD SBO and the request must come from the DBE Mentor-Protégé relationships are also permissible and are encouraged as a supportive service or technical assistance resource Any Mentor-Protégé relationship must be pre-approved by RTD SBO RTD will review and scrutinize the substantive nature of the relationship and ensure that there is true value/benefit to the DBE Protégé Contractor and its lower tier subcontractors must comply with the reporting requirements for either the use of the joint checks or the implementation of the Mentor-Protégé Program! 35

36 Other Submission Requirements State the DBE participation Goal Amounts you intend to be committed to for Phase 1 (to 72 nd St.) and each additional option proposed separately. Attachment A DBE & EEO Enclosure Checklist A. Form of DBE Participation Report B. DBE Enclosures Enclosures 1A/1B DBE Affidavit Enclosure 2 Schedule of DBE Subcontractor Participation Enclosure 3 Letter of Intent to Perform as a DBE Subcontractor Enclosure 4 Solicitation Statistics Enclosure 5 Employer Certification of Workforce Enclosure 6 Small Business Outreach Enclosure 7 DBE Unavailability Certification 36

37 Voluntary SBE Program Requirements RTD is committed to the inclusion of SBEs in all of its procurements where practical Proposers are requested to voluntarily submit a SBE Plan that identifies how they intend to include SBEs into their procurement process The SBE Plan should mirror the DBE Plan and Program Proposers are required to track and report SBE participation SBE Participation can not and will not be substituted for DBE participation and no request will be entertained from any contractor regardless of the tier There are four categories of SBE participation based on three years of annual average gross receipts between $1 and $22.3 million All SBEs must be RTD certified. RTD will accept CDOT and CCD certified SBEs and DBEs. However, they must become RTD certified 37

38 38 WIN Program Requirements The WIN Program is a collaborative workforce initiative geared to meet the hiring needs of Prime and Subcontractors on the FasTracks Project. Minimum WIN Program Participation Goals: 6% Professional Service 10% Skilled Craft *50% of the WIN participation goal can be met by new apprentice hires. WDP(Workforce Development Plan): The WDP will give guidance, foresight, and reference to the new hires the prime contractor plans to employ on this project. The WDP should provide information on community outreach and recruitment phase and also include a schedule and timeline of when hires are to be made. The WDP should have a clear and concise message and be creative and innovative in all phases of the implementation.

39 WIN Program Requirements Workforce Development Plan(WDP): What should be included in the WDP? A: include a full hiring timeline and schedule of WIN program hires and all necessary requirements listed in the RFP. Who will be the main point of contact, if I have any questions regarding The WIN Program? A: The RTD Contract Manager will be the main point of contact during the procurement/ award phase. How long will it take to get WIN Program participant resumes to Contractors to fill anticipated, projected or open positions? A: The WIN Program Office will send participant resumes within five (5) business days of receipt of the position posting. Can DBE/SBE Subcontractors hire WIN Participants and their participation count toward the overall WIN Participation goal? A: Yes, the WIN program has currently staffed over 50% of its past cohorts through small businesses. It is encouraged that Prime Contractors utilize their DBE/SBE Subcontractors to satisfy their WIN Program requirements where practical. 39

40 Southeast DBE/SBE/EEO/WIN Staff Mei-Ling Rodriguez, FasTracks DBE/SBE Program PM Gregory Jenifer, FasTracks DBE/SBE Program Coordinator Zamy Silva, RTD Senior Manager, Civil Rights Martell Dyles, WIN Program Manager Civil Rights Program Requirements Questions & Answers 40

41 READ THE DOCUMENT Questions? RFP Content: John Dawson Copy of RFP: 41